In addition, as a special exception, Red Hat, Inc. gives You the additional
right to link the code of this Program with code not covered under the GNU
General Public License ("Non-GPL Code") and to distribute linked combinations
including the two, subject to the limitations in this paragraph. Non-GPL Code
permitted under this exception must only link to the code of this Program
through those well defined interfaces identified in the file named EXCEPTION
found in the source code files (the "Approved Interfaces"). The files of Non-GPL
Code may instantiate templates or use macros or inline functions from the
Approved Interfaces without causing the resulting work to be covered by the GNU
General Public License. Only Red Hat, Inc. may make changes or additions to the
list of Approved Interfaces. You must obey the GNU General Public License in all
respects for all of the Program code and other code used in conjunction with the
Program except the Non-GPL Code covered by this exception. If you modify this
file, you may extend this exception to your version of the file, but you are not
obligated to do so. If you do not wish to provide this exception without
modification, you must delete this exception statement from your version and
license this file solely under the GPL without exception.
Redistribution and use in source and binary forms of the
microcode software are permitted provided that the following conditions
are met:
1. Redistribution of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistribution in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The name of 3Com may not be used to endorse or promote products
derived from this software without specific prior written permission
THIS SOFTWARE IS PROVIDED BY 3COM ``AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
USER ACKNOWLEDGES AND AGREES THAT PURCHASE OR USE OF THE
MICROCODE SOFTWARE WILL NOT CREATE OR GIVE GROUNDS FOR A LICENSE BY
IMPLICATION, ESTOPPEL, OR OTHERWISE IN ANY INTELLECTUAL PROPERTY RIGHTS
(PATENT, COPYRIGHT, TRADE SECRET, MASK WORK, OR OTHER PROPRIETARY RIGHT)
EMBODIED IN ANY OTHER 3COM HARDWARE OR SOFTWARE EITHER SOLELY OR IN
COMBINATION WITH THE MICROCODE SOFTWARE
3D Slicer Contribution and Software License Agreement ("Agreement")
Version 1.0 (December 20, 2005)
This Agreement covers contributions to and downloads from the 3D
Slicer project ("Slicer") maintained by The Brigham and Women's
Hospital, Inc. ("Brigham"). Part A of this Agreement applies to
contributions of software and/or data to Slicer (including making
revisions of or additions to code and/or data already in Slicer). Part
B of this Agreement applies to downloads of software and/or data from
Slicer. Part C of this Agreement applies to all transactions with
Slicer. If you distribute Software (as defined below) downloaded from
Slicer, all of the paragraphs of Part B of this Agreement must be
included with and apply to such Software.
Your contribution of software and/or data to Slicer (including prior
to the date of the first publication of this Agreement, each a
"Contribution") and/or downloading, copying, modifying, displaying,
distributing or use of any software and/or data from Slicer
(collectively, the "Software") constitutes acceptance of all of the
terms and conditions of this Agreement. If you do not agree to such
terms and conditions, you have no right to contribute your
Contribution, or to download, copy, modify, display, distribute or use
the Software.
PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to
Sublicense ("Contribution Agreement").
1. As used in this Contribution Agreement, "you" means the individual
contributing the Contribution to Slicer and the institution or
entity which employs or is otherwise affiliated with such
individual in connection with such Contribution.
2. This Contribution Agreement applies to all Contributions made to
Slicer, including without limitation Contributions made prior to
the date of first publication of this Agreement. If at any time you
make a Contribution to Slicer, you represent that (i) you are
legally authorized and entitled to make such Contribution and to
grant all licenses granted in this Contribution Agreement with
respect to such Contribution; (ii) if your Contribution includes
any patient data, all such data is de-identified in accordance with
U.S. confidentiality and security laws and requirements, including
but not limited to the Health Insurance Portability and
Accountability Act (HIPAA) and its regulations, and your disclosure
of such data for the purposes contemplated by this Agreement is
properly authorized and in compliance with all applicable laws and
regulations; and (iii) you have preserved in the Contribution all
applicable attributions, copyright notices and licenses for any
third party software or data included in the Contribution.
3. Except for the licenses granted in this Agreement, you reserve all
right, title and interest in your Contribution.
4. You hereby grant to Brigham, with the right to sublicense, a
perpetual, worldwide, non-exclusive, no charge, royalty-free,
irrevocable license to use, reproduce, make derivative works of,
display and distribute the Contribution. If your Contribution is
protected by patent, you hereby grant to Brigham, with the right to
sublicense, a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable license under your interest in patent
rights covering the Contribution, to make, have made, use, sell and
otherwise transfer your Contribution, alone or in combination with
any other code.
5. You acknowledge and agree that Brigham may incorporate your
Contribution into Slicer and may make Slicer available to members
of the public on an open source basis under terms substantially in
accordance with the Software License set forth in Part B of this
Agreement. You further acknowledge and agree that Brigham shall
have no liability arising in connection with claims resulting from
your breach of any of the terms of this Agreement.
6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION
DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN
SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting
example, the GNU General Public License or other so-called
"reciprocal" license that requires any derived work to be licensed
under the GNU General Public License or other "open source
license").
PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to
Sublicense ("Software License").
1. As used in this Software License, "you" means the individual
downloading and/or using, reproducing, modifying, displaying and/or
distributing the Software and the institution or entity which
employs or is otherwise affiliated with such individual in
connection therewith. The Brigham and Women?s Hospital,
Inc. ("Brigham") hereby grants you, with right to sublicense, with
respect to Brigham's rights in the software, and data, if any,
which is the subject of this Software License (collectively, the
"Software"), a royalty-free, non-exclusive license to use,
reproduce, make derivative works of, display and distribute the
Software, provided that:
(a) you accept and adhere to all of the terms and conditions of this
Software License;
(b) in connection with any copy of or sublicense of all or any portion
of the Software, all of the terms and conditions in this Software
License shall appear in and shall apply to such copy and such
sublicense, including without limitation all source and executable
forms and on any user documentation, prefaced with the following
words: "All or portions of this licensed product (such portions are
the "Software") have been obtained under license from The Brigham and
Women's Hospital, Inc. and are subject to the following terms and
conditions:"
(c) you preserve and maintain all applicable attributions, copyright
notices and licenses included in or applicable to the Software;
(d) modified versions of the Software must be clearly identified and
marked as such, and must not be misrepresented as being the original
Software; and
(e) you consider making, but are under no obligation to make, the
source code of any of your modifications to the Software freely
available to others on an open source basis.
2. The license granted in this Software License includes without
limitation the right to (i) incorporate the Software into
proprietary programs (subject to any restrictions applicable to
such programs), (ii) add your own copyright statement to your
modifications of the Software, and (iii) provide additional or
different license terms and conditions in your sublicenses of
modifications of the Software; provided that in each case your use,
reproduction or distribution of such modifications otherwise
complies with the conditions stated in this Software License.
3. This Software License does not grant any rights with respect to
third party software, except those rights that Brigham has been
authorized by a third party to grant to you, and accordingly you
are solely responsible for (i) obtaining any permissions from third
parties that you need to use, reproduce, make derivative works of,
display and distribute the Software, and (ii) informing your
sublicensees, including without limitation your end-users, of their
obligations to secure any such required permissions.
4. The Software has been designed for research purposes only and has
not been reviewed or approved by the Food and Drug Administration
or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL
APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any
commercialization of the Software is at the sole risk of the party
or parties engaged in such commercialization. You further agree to
use, reproduce, make derivative works of, display and distribute
the Software in compliance with all applicable governmental laws,
regulations and orders, including without limitation those relating
to export and import control.
5. The Software is provided "AS IS" and neither Brigham nor any
contributor to the software (each a "Contributor") shall have any
obligation to provide maintenance, support, updates, enhancements
or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY
DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL
BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY
RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM
EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL
LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS,
DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO
INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND
AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS
ARISING THEREFROM.
6. None of the names, logos or trademarks of Brigham or any of
Brigham's affiliates or any of the Contributors, or any funding
agency, may be used to endorse or promote products produced in
whole or in part by operation of the Software or derived from or
based on the Software without specific prior written permission
from the applicable party.
7. Any use, reproduction or distribution of the Software which is not
in accordance with this Software License shall automatically revoke
all rights granted to you under this Software License and render
Paragraphs 1 and 2 of this Software License null and void.
8. This Software License does not grant any rights in or to any
intellectual property owned by Brigham or any Contributor except
those rights expressly granted hereunder.
PART C. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with
the laws of The Commonwealth of Massachusetts without regard to
principles of conflicts of law. This Agreement shall supercede and
replace any license terms that you may have agreed to previously with
respect to Slicer.
License and copyright info for 4Suite software
=====================================
4Suite software copyright
-------------------------
The copyright on 4Suite as a whole is owned by Fourthought, Inc.
(USA). Copyright on the components of 4Suite is indicated in the
source code; most files have their own notice of copyright and
ownership, and a CVS datestamp to clarify the actual date of
authorship or last revision/publication. For purposes of usage and
redistribution, the following Apache-based license applies.
The 4Suite License, Version 1.1
-------------------------------
Copyright (c) 2000 Fourthought, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by
Fourthought, Inc. (http://www.fourthought.com)."
Alternately, this acknowledgment may appear in the software
itself, if and wherever such third-party acknowledgments
normally appear.
4. The names "4Suite", "4Suite Server" and "Fourthought" must not
be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact info@fourthought.com.
5. Products derived from this software may not be called "4Suite",
nor may "4Suite" appear in their name, without prior written
permission of Fourthought, Inc.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL FOURTHOGHT, INC. OR ITS CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
===================================================================
This license is based on the Apache Software License, Version 1.1,
Copyright (c) 2000 The Apache Software Foundation.
All rights reserved.
"Anti 996" License Version 1.0 (Draft)
Permission is hereby granted to any individual or legal entity
obtaining a copy of this licensed work (including the source code,
documentation and/or related items, hereinafter collectively referred
to as the "licensed work"), free of charge, to deal with the licensed
work for any purpose, including without limitation, the rights to use,
reproduce, modify, prepare derivative works of, distribute, publish
and sublicense the licensed work, subject to the following conditions:
1. The individual or the legal entity must conspicuously display,
without modification, this License and the notice on each redistributed
or derivative copy of the Licensed Work.
2. The individual or the legal entity must strictly comply with all
applicable laws, regulations, rules and standards of the jurisdiction
relating to labor and employment where the individual is physically
located or where the individual was born or naturalized; or where the
legal entity is registered or is operating (whichever is stricter). In
case that the jurisdiction has no such laws, regulations, rules and
standards or its laws, regulations, rules and standards are
unenforceable, the individual or the legal entity are required to
comply with Core International Labor Standards.
3. The individual or the legal entity shall not induce, suggest or force
its employee(s), whether full-time or part-time, or its independent
contractor(s), in any methods, to agree in oral or written form, to
directly or indirectly restrict, weaken or relinquish his or her
rights or remedies under such laws, regulations, rules and standards
relating to labor and employment as mentioned above, no matter whether
such written or oral agreements are enforceable under the laws of the
said jurisdiction, nor shall such individual or the legal entity
limit, in any methods, the rights of its employee(s) or independent
contractor(s) from reporting or complaining to the copyright holder or
relevant authorities monitoring the compliance of the license about
its violation(s) of the said license.
THE LICENSED WORK IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN ANY WAY CONNECTION WITH THE
LICENSED WORK OR THE USE OR OTHER DEALINGS IN THE LICENSED WORK.
A* Logic Memoire temporary License
1. Overview
This license allows for free use of the app for non-commercial, hobby, or educational purposes, and requires a paid license for any commercial or production deployment.
Over time, portions of the code will transition to an open core license.
2. Definitions
- Non-Commercial Use: Includes use for personal, hobby, and educational projects where there is no direct or indirect financial gain.
- Production Use: Includes any deployment or use of the software in commercial settings, revenue-generating operations, or high-scale environments intended for public or customer-facing applications.
- Default Alive: Refers to the point where A* Logic has achieved sufficient, predictable revenue to maintain positive cash flow.
3. Transition to Open Source Licensing
Upon reaching "default alive" status and/or as publicly announced by A* Logic, portions of the codebase will be released under an open source License, while other portions will remain under this license.
4. Warranty Disclaimer
The software is provided “as-is,” without warranties or conditions of any kind, either express or implied. A* Logic shall not be liable for any damages arising from the use of this software.
LICENSE AGREEMENT
Aardvark I2C/SPI Software and Firmware
PREAMBLE:
The accompanying software, firmware, documentation, and related
materials ("Product") are the sole property of Total Phase, Inc.
("Total Phase"). Its use and distribution is subject to the
terms in this License Agreement ("Agreement").
By the use or distribution of the Product, you are consenting to
be bound by the terms of this Agreement. If you do not agree, do
not use or distribute the Product in whole or in part.
TERMS OF USE:
Permission to use, copy, modify, and distribute the Product
is hereby granted, subject to the conditions stated below:
a. The Product is licensed only for use with other Total Phase
products. Any other use is permitted only with the express
written permission of Total Phase.
b. The Product may only be copied unmodified in its entirety,
with all of the files intact including a verbatim copy of this
Agreement. Distribution of modified copies is permitted only
with the express written permission of Total Phase.
c. The Product must not be placed on any publicly-accessible
Internet server including, but not limited to, web servers, ftp
servers, and file sharing systems. Instead, a link should be
placed to the Total Phase website where the latest versions
may be obtained.
d. As a special exemption, a copy of the shared object file,
aardvark.dll or aardvark.so ("Shared Object File"), may be
distributed separately from the Product, provided that it is part
of a separate work ("Separate Work"). Such Shared Object Files
carry with them all of the rights and limitations outlined in
this Agreement, except that it may not be further distributed
unless part of the Separate Work.
Before publicly distributing the Shared Object Files, whether
gratis or for a fee, you must notify Total Phase by electronic
mail to: sales@totalphase.com to the attention of General
Manager. Provide a description of the Separate Work, specifically
mentioning how any Total Phase hardware and the Shared Object
Files will be integrated into the Separate Work and your proposed
method of distribution. Total Phase will acknowledge the
notification within one week.
You are required to include a copy of this Agreement with your
Separate Work.
e. Any separate works which include the Product must be plainly
marked as such, and must not be misrepresented as the original
software.
f. You may not modify, translate, reverse-engineer, decompile,
disassemble (except and solely to the extent that an applicable
statute expressly and specifically prohibits such restrictions),
or create derivative works of the Product. A separate work
that only makes use of the unmodified shared object file is not
considered a derivative work.
PROPRIETARY RIGHTS:
The Product is owned by Total Phase and is protected by United
States copyright laws and international treaty provisions. All
copyright, patent, trade secret, trademarks, and other intellectual
and proprietary rights in the Product are and shall remain the
valuable property of Total Phase. You agree to take all necessary
steps to ensure that this property is protected and that the
provisions of this Agreement are not violated by you or by any
person under your control or in your service.
TERMINATION:
Your rights under this license will terminate automatically if you
fail to comply with the terms and conditions set forth herein.
If any provision of this license agreement is held to be
unenforceable, that provision shall be reformed only to the extent
necessary to make it enforceable; and the balance of this license
agreement shall remain in full force and effect.
SAFETY-CRITICAL SYSTEMS POLICY:
The Product is not authorized for use in life support devices or
systems. Life support devices or systems include, but are not
limited to, surgical implants, medical systems, and other
safety-critical systems in which failure of a Total Phase product
could cause personal injury or loss of life.
The Product is not fault-tolerant and is not designed, manufactured
or intended for use or resale in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control,
or weapons systems, in which the failure of the Product could lead
directly to death, personal injury, or severe physical or environ-
mental damage. Such use is unauthorized by Total Phase.
Should the Product be used in any such unauthorized manner, Buyer
agrees to indemnify and hold harmless Total Phase, its officers,
employees, affiliates, and distributors from any and all claims
arising from such use, even if such claim alleges that Total Phase
was negligent in the design or manufacture of the Product.
OPEN SOURCE:
The software API portion of the Product makes use of open source
libraries that are not owned by Total Phase and are licensed under
different terms. For specific details, please see the documentation
that is included with the software API package.
DISCLAIMER:
THE PRODUCT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
THE COPYRIGHT HOLDER(S) AND TOTAL PHASE DISCLAIM ANY AND ALL
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COPYRIGHT HOLDER(S), TOTAL PHASE, ITS
OFFICERS, EMPLOYEES, AFFILIATES, AND DISTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
The "Anyone But Richard M Stallman" license
Do anything you want with this program, with the exceptions listed below under "EXCEPTIONS".
THIS SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND.
In the unlikely event that you happen to make a zillion bucks off of this, then good for you; consider buying a homeless person a meal.
EXCEPTIONS
Richard M Stallman (the guy behind GNU, etc.) may not make use of or redistribute this program or any of its derivatives.
This program is distributed WITHOUT ANY WARRANTY, express or implied.
Permission is granted to make and distribute verbatim copies of this
document provided that the copyright notice and this permission notice are
preserved on all copies.
Permission is granted to copy and distribute modified versions of this
document under the conditions for verbatim copying, provided that the
entire resulting derived work is distributed under the terms of a
permission notice identical to this one.
License:
========
Distributed under GNU General Public License version 2.
You may find it in GNU_eng.txt at english language and GNU_rus.txt at russian
language. Russain language version is for information purpose only and english
version have priority with all variant reading.
This application may solely be used for demonstration and educational purposes.
Any other use may be prohibited by law in some coutries. The author has no
liability regarding this application whatsoever. This application may be
distributed freely unless prohibited by law.
This product distributed in hope it may be useful, but without any warranty;
without even the implied warranty of merchantability or fitness for a
particular purpose and compliance with any standards. I do not guarantee
any support, bug correction, repair of lost data, I am not responsible
for broken hardware and lost working time. And I am not responsible for
legality of reproduced with this program multimedia production.
SystemC Open Source License Agreement
(Download, Use and Contribution License Agreement Version 3.3)
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE "ACCEPT"
BUTTON, AS BY CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT AND
ALL OF ITS TERMS AND CONDITIONS.
Accellera Systems Initiative
The purpose of the following license agreement (the "Agreement") is to encourage interoperability and
development of a C++ modeling language known as "SystemC" for system simulation and design (the
"Purpose"). The SystemC software and other items licensed hereunder are licensed, without fee of any kind,
for use pursuant to the terms and conditions set forth in this Agreement.
License Agreement
THE CONTRIBUTORS ARE WILLING TO LICENSE THEIR RESPECTIVE CONTRIBUTIONS TO YOU ONLY
ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, THEN NO RIGHTS ARE
GRANTED TO YOU HEREUNDER TO USE ANY CONTRIBUTIONS. NOTWITHSTANDING ANYTHING TO
CONTRARY, ANY USE, REPRODUCTION OR DISTRIBUTION OF ANY CONTRIBUTION CONSTITUTES
YOUR ACCEPTANCE OF THIS AGREEMENT.
1. Definitions
1.1 “Agreement” means this contract.
1.2 “Accellera” means Accellera Systems Initiative, a California nonprofit mutual benefit corporation.
1.3 “Accellera Documentation” means the SystemC language reference manual and any other materials
assigned to Accellera pursuant to the Copyright Agreement.
1.4 “Accellera Release” means a Contribution or combination of Contributions which is developed or
created through the Accellera working group process, and the final work approved for release by a Accellera
working group, approved for release by the Accellera steering group and approved for release by the board of
directors of Accellera. Examples of Accellera Releases include Accellera libraries and Accellera
specifications. Accellera Documentation shall be deemed to be included in the definition of Accellera
Release.
1.5 “Code Contribution” means any Contribution in the form of Source Code.
1.6 “Contribution” means any work of authorship that is deposited or contributed in accordance with
Section 3 in furtherance of the Purpose including, without limitation, libraries, programs, specifications
and User Documentation and Modifications. Without limiting the generality of the foregoing, a list of all
Contributions which were deposited or contributed on or before July 13, 2006 is set forth on Exhibit A
attached hereto and incorporated herein by reference, all of which are considered Contributions pursuant to
this Agreement. A list of all Contributions is available upon written request to Accellera and can also be
found on the Website. For purposes of clarification, all contributions licensed pursuant to that certain
SystemC Open Source License Agreement (Software Download and Use License Agreement Version 2.4)
shall constitute, and be treated as, Contributions pursuant to this Agreement.
1.7 “Copyright Agreement” means any LRM and Copyright Contribution Agreement entered into
between Accellera and the signatory thereto at any time prior to or after the date hereof.
1.8 “ Contribution Questionnaire” means the questionnaire attached hereto as Exhibit C.
1.9 “Contributor” means any person or entity that makes a Contribution pursuant to Section 3. For
purposes of clarification, any person or entity depositing or contributing, as part or all of a Contribution, a
Contribution which has previously been so deposited or contributed is not the Contributor of such re-
deposited Contribution for the purposes of this Agreement. A list of all Contributors is available upon written
request to Accellera and can also be found on the Website.
1.10 “Contributor's Necessary Patent Claims” means those claims of all patents owned or licensable by
Contributor throughout the world that: (1) Contributor has the right to license (within the scope set forth
herein) without the obligation to pay royalties or other consideration to third parties; and (2) are necessarily
and directly infringed solely by the portion of a computer program that either implements, or is compiled
from, either an unmodified Contribution or an Accellera Release. For clarity, Contributor’s Necessary Patent
Claims shall not include any claim directed towards a data structure, method, algorithm, process, technique,
circuit representation, or circuit implementation that is not completely and entirely described either in such
Contributor’s Contribution or in an Accellera Release. Further, a Contributor’s Necessary Patent Claims shall
not include any claim based upon the combination of any Contribution or an Accellera Release with other
works of authorship, to the extent that the Contributor’s Necessary Patent Claims are infringed as a result of
such combination.
1.11 “Copyright Rights” means worldwide statutory and common law rights associated solely with works
of authorship including copyrights, copyright applications, copyright registrations, and “moral rights”. For
purposes of clarification, patents are not included in Copyright Rights.
1.12 “Derivative” or “Derivative work” means a work based upon one or more preexisting works, such
as a translation, condensation, or any other form in which a work may be recast, transformed, or
adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which,
as a whole, represent an original work of authorship, is a “derivative work”.
1.13 “Distribute” means making a Distribution.
1.14 “Distribution” means any distribution, sublicensing or other transfer of a Contribution to any third
party.
1.15 “Documentation” means, collectively, all User Documentation and Accellera Documentation.
1.16 “Marks” means, collectively, the registered and unregistered marks and logos that Accellera has
licensed or otherwise authorized Recipient to use. All marks and logos are listed on Exhibit D, which list
may be amended from time to time by Accellera to add or delete any marks or logos.
1.17 “Modification” means any additions or deletions to any Contribution.
1.18 “Recipient” means any person or entity which receives any Contribution under this Agreement. For
legal entities, “Recipient” includes any entity that controls, is controlled by, or is under common control with
Recipient. For purposes of this Section 1.18, “control” means beneficial ownership of fifty percent (50%) or
more of the outstanding shares or similar interest of such entity entitled to vote for election of the board of
directors or similar managing authority.
1.19 “Source Code” means human readable text in an electronic form suitable for modification that
describe the functions and data structures, including C, C++, and other language modules, plus any associated
interface definition files, scripts used to control compilation and installation of a computer program, or a list
of source code differential comparisons.
1.20 “User Documentation” means all user guides, user manuals and other similar materials related to any
Contribution or an Accellera Release.
1.21 “Website” means Accellera’s internet website located at http://www.accellera.org.
2. GRANT OF RIGHTS
2.1 Subject to the terms of this Agreement, each Contributor hereby grants to each Recipient a non-
exclusive, worldwide, royalty-free license under such Contributor's Copyright Rights to do the following:
(a) Use, reproduce, prepare Derivative works of, publicly display, publicly perform and Distribute any
Contributions of such Contributor and Derivative works thereof; and
(b) Use the know-how, information and knowledge embedded in the Contribution, without any
obligation to keep the foregoing confidential so long as the Recipient does not otherwise violate this
Agreement.
2.2 Accellera hereby grants to each Recipient a non-exclusive, worldwide, royalty- free license under
Accellera's Copyright Rights to use, reproduce, prepare Derivative works of, publicly display, publicly
perform and distribute the Accellera Documentation and any Derivative works thereof, subject to the terms
and conditions of this Agreement.
2.3 Subject to the terms of this Agreement, each Contributor hereby grants to each Recipient, a worldwide,
royalty-free, non-exclusive license under such Contributor's Necessary Patent Claims to make, have made,
use, sell, offer for sale, or import: (a) such Contributor's Contributions; (b) those portions of a computer
program that either implements, or is compiled from, the Contributor’s unmodified Contribution; and (c)
those portions of a computer program that implement, or are compiled from, an Accellera Release.
2.4 Each Contributor represents that, to its knowledge, it has sufficient rights in and to each of its
Contributions to grant the licenses set forth in Sections 2.1 and 2.3. Accellera represents that, to its
knowledge, it has sufficient rights in the Accellera Documentation to grant the license set forth in Section
2.2.
2.5 Except as expressly stated in Sections 2.1, 2.2 and 2.3, Recipient receives no rights or licenses to the
intellectual property of any Contributor or Accellera under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in and to any Contribution not expressly granted under this Agreement are
reserved.
2.6 Except as specifically set forth in any Copyright Agreement, Contributor shall ensure that transfers or
assignments of all or any part of its right, title, and interest in and to any Contributions contributed or
deposited by Contributor hereunder, including all Copyright Rights and patent rights embodied therein,
shall be subject to the rights expressly granted in this Agreement including, without limitation, the licenses
granted in Sections 2.1 and 2.3. Recipient shall not remove or alter any proprietary notices contained in
the Contributions licensed to Recipient hereunder and shall reproduce and include such notices on any copies
of the Contributions made by Recipient in any media.
2.7 License to Marks.
(a) Accellera shall retain all right, title and interest in and to the Marks worldwide, subject to the
limited license granted to Recipient in this Section 2.7. Accellera hereby grants Recipient a non-
exclusive, royalty-free, limited license to use the Marks solely in connection with its exercise of
the rights granted pursuant to this Agreement and to indicate that the products being marketed by
Recipient are compatible with, and meet the standards of, Accellera Releases. All uses of the Marks
shall be in accordance with Accellera’s trademark usage policy set forth in Exhibit D.
(b) Recipient shall assist Accellera to the extent reasonably necessary to protect and maintain the
Marks worldwide, including, but not limited to, giving prompt notice to Accellera of any known or
potential infringement of the Marks, and cooperating with Accellera in preparing and executing any
documents necessary to register the Marks, or as may be required by the laws or rules of any country
or jurisdiction. In its sole discretion, Accellera may commence, prosecute or defend any action or
claim concerning the Marks. Accellera shall have the right to control any such litigation, and
Recipient shall fully cooperate with Accellera in any such litigation. Accellera shall reimburse
Recipient for the reasonable costs associated with providing such assistance, except to the extent that
such costs result from Recipient’s breach of this Section 2.7. Recipient shall not commence any action
regarding the Marks without Accellera’s prior written consent.
(c) All goodwill with respect to the Marks shall accrue for the sole benefit of Accellera.
Recipient shall maintain the quality of any products, associated packaging, collateral and marketing
materials on which it uses any of the Marks in a manner consistent with all terms, conditions and
requirements set forth in this Section 2.7 and at a level that meets or exceeds Recipient’s overall
reputation for quality and that is at least commensurate with industry standards.
2.8 RECIPIENT UNDERSTANDS THAT ALTHOUGH EACH CONTRIBUTOR AND ACCELLERA GRANTS
THE LICENSES SET FORTH HEREIN, NO ASSURANCES ARE PROVIDED BY ANY CONTRIBUTOR OR
ACCELLERA THAT ANY ACCELLERA RELEASE OR ANY CONTRIBUTION, EITHER ALONE OR IN
COMBINATION WITH ANY OTHER CONTRIBUTION, DOES NOT INFRINGE THE PATENT OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER ENTITY. MOREOVER, NO ASSURANCES ARE
MADE THAT ANY CONTRIBUTION OF ONE CONTRIBUTOR DOES NOT INFRINGE THE INTELLECTUAL
PROPERTY RIGHTS OF ANOTHER CONTRIBUTOR. EACH CONTRIBUTOR AND ACCELLERA DISCLAIM
ANY LIABILITY TO RECIPIENT FOR CLAIMS BROUGHT BY ANY OTHER ENTITY BASED ON
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. In addition, as a condition to
exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to
secure any other intellectual property rights needed, if any. For example, if a third party patent license is
required to allow Recipient to distribute a computer program, then it is Recipient's responsibility to acquire
that license before Distributing such computer program.
3. DESCRIPTION AND DEPOSIT OF CONTRIBUTIONS
3.1 To the extent Recipient wishes to become a Contributor by making a Contribution, such
Contributor shall:
(a) (i) Deposit such Contribution at the Website according to the Contribution instructions found at
such Website, or (ii) disclose such Contribution at a meeting of any working group of Accellera;
(b) (i) Describe such Contribution in reasonable detail on Exhibit B (including the additions or
changes such Contributor made to create the Contribution and the date of any such changes or
additions), (ii) completing a Contribution Questionnaire with respect to such Contribution, and (iii)
delivering both documents to the Secretary of Accellera. All Contributions made after the date
hereof shall be effectuated by Contributor (x) amending Exhibit B and delivering such amended
Exhibit B to the Secretary of Accellera, which amended exhibit shall automatically replace the existing
Exhibit B, (y) completing a Contribution Questionnaire with respect to such Contribution, and (z)
delivering both documents to the Secretary of Accellera;
(c) Cause such Contribution to contain a file documenting such Contributor's name and contact
information, additions or changes such Contributor made to create the Contribution, and the date of
any such changes or additions; and
(d) Cause such Contribution to include in each file a prominent statement substantially similar to the
following: “Any code contained in this Contribution is derived, directly or indirectly, from the
SystemC source code. Copyright© 1996-[current year here] by all Contributors. All Rights reserved.
The contents of this file are subject to the restrictions and limitations set forth in the SystemC Open
Source License Version 3.1 (the “License”). You may not use this file except in compliance with such
restrictions and limitations. You may obtain instructions on how to receive a copy of the License at
http://www.accellera.org/. Software distributed by Contributors under the License is distributed
exclusively on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the License for the specific language governing rights and limitations under the License.”
3.2 Accellera may from time to time publish policies and procedures regarding the contribution or
depositing of Contributions as well as establish additional details regarding the contribution process. Without
limiting the foregoing, Accellera or the administrators of the Website shall have the right to remove any
Contribution from the Website at any time.
4. REQUIREMENTS OF DISTRIBUTION
4.1 A Recipient may choose to Distribute any Contribution or any compilation of multiple Contributions
(except for any Code Contributions) under its own license agreement provided that:
(a) Recipient complies with the terms and conditions of this Agreement;
(b) As between Recipient and any other Contributor, Recipient assumes all warranties and conditions,
express and implied, and all liability for damages arising out of its Distribution; and
(c) Recipient makes available to recipients of such Distribution then Source Code for such
Distributions, and informs them on how to obtain it in a reasonable manner on or through a medium
customarily used for software exchange.
4.2 If a Recipient chooses to Distribute any Code Contribution or compilations of Code Contributions
then:
(a) Such Code Contribution must be Distributed under this Agreement; and
(b) A copy of this Agreement must be included with each copy of such Code Contribution.
4.3 Each Recipient must include the following in a conspicuous location in the Code Contribution so
Distributed: “Copyright© 1996-[current year here], by all Contributors. All rights reserved.”
4.4 In addition, each Recipient that creates and Distributes or otherwise transfers a Modification whether
or not such Modification has been deposited pursuant to Section 3 must identify the originator of such
Modification in a manner that reasonably allows third parties to identify the originator of the Modification.
4.5 A Recipient may choose to Distribute the Accellera Documentation under its own license agreement,
provided that Recipient complies with the terms and conditions of this Agreement. Each Recipient must
include the following in a conspicuous location in the Accellera Documentation so Distributed or transferred:
“Copyright© 1996-[current year here], by Accellera Systems Initiative. All rights reserved.”
In addition, each Recipient that creates and Distributes a modification or Derivative work of the Accellera
Documentation, whether or not such modification or Derivative work has been contributed pursuant to a
Copyright Agreement must identify the originator of such modification or Derivative work in a manner that
reasonably allows third parties to identify the originator of the modification or derivative work.
5. INDEMNIFICATION
Any Recipient which Distributes any Contribution and/or Accellera Release (a “Distributor”) may accept
certain responsibilities with respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of Contributions Accellera Documentation and Accellera
Releases, a Distributor shall Distribute such Contributions, Accellera Documentation and Accellera Releases
in a manner which does not create potential liability for the Contributors. Therefore each Distributor hereby
agrees to defend and indemnify every Contributor (“Indemnified Contributor”) against any losses,
damages and costs (collectively “Losses”) arising from claims, lawsuits and other legal actions brought
by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such
Distributor, including but not limited to the terms and conditions under which Distributor offered such
Contributions, Accellera Documentation and/or Accellera Releases in connection with its Distribution thereof.
The obligations in this Section 5 do not apply to any claims or Losses relating to any actual or alleged
intellectual property infringement of any Contribution, Accellera Documentation or Accellera Release. In
order to qualify, an Indemnified Contributor must: (a) promptly notify the Distributor in writing of such
claim, and (b) allow the Distributor to control, and cooperate with the Distributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may participate in the defense of any such claim
at its own expense.
For example, a Recipient might include a Contribution in a commercial product offering, Product X. That
Recipient is then a Distributor. If that Distributor then makes performance claims, or offers warranties,
support, or indemnity or any other license terms related to Product X, those performance claims, offers and
other terms are such Distributor's responsibility alone. Under this Section 5, the Distributor would have to
defend claims against the Contributors related to those performance claims, offers, and other terms, and if a
court requires any Contributor to pay any damages as a result, the Distributor must pay those damages.
6. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL CONTRIBUTIONS, ACCELLERA
DOCUMENTATION AND ACCELLERA RELEASES ARE PROVIDED EXCLUSIVELY ON AN “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH RECIPIENT IS SOLELY
RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF ITS USE AND DISTRIBUTION OF ANY
CONTRIBUTION, ACCELLERA DOCUMENTATION AND ACCELLERA RELEASE AND ASSUMES ALL
RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS,
DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR
INTERRUPTION OF OPERATIONS. THIS DISCLAIMER OR WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT. NO USE OF ANY CONTRIBUTION, ACCELLERA DOCUMENTATION OR
ACCELLERA RELEASE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF THE RECIPIENTS, CONTRIBUTORS
OR ACCELLERA SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OR DISTRIBUTION OF ANY CONTRIBUTION, ACCELLERA DOCUMENTATION OR ACCELLERA
RELEASE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8. U.S. GOVERNMENT USE
If Recipient is licensing any computer program on behalf of any unit or agency of the United States
Government, then such computer program is commercial computer software, and, pursuant to FAR 12.212 or
DFARS 227.7202 and their successors, as applicable, shall be licensed to the Government under the terms and
conditions of this Agreement.
9. PATENT CLAIMS
If Recipient institutes patent litigation against any entity (including a cross-claim, counterclaim or declaratory
judgment claim in a lawsuit) alleging that any Contribution, Accellera Release or combination of
Contributions (excluding combinations of any Contribution with other software or hardware) infringes such
Recipient's patent(s), then the rights granted to Recipient by each Contributor under Section 2 shall terminate
as of the date such litigation is filed.
10. TERMINATION
All Recipient's rights under this Agreement shall terminate if Recipient fails to comply with any of the
material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time
after becoming aware of such noncompliance. If such occurs, Recipient shall cease all use and Distribution of
any Contributions of any other Contributor, Accellera Documentation and Accellera Releases based upon the
rights granted to Recipient under this Agreement as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by Recipient relating to any
Contributions shall survive such termination.
11. LICENSE VERSIONS
Accellera may publish new versions (including revisions) of this Agreement from time to time. Each
new version of the Agreement will be given a distinguishing version number. Any Contribution, Accellera
Documentation or Accellera Release may always be Distributed subject to the version of the Agreement under
which it was received. In addition, after a new version of the Agreement is published, Contributor may elect
to Distribute any Contribution, Accellera Documentation or Accellera Release under the new version. No
one other than Accellera, acting by a vote of at least seventy five percent (75%) of the members of its Board
of Directors, has the right to modify this Agreement; provided that Exhibit B and Exhibit C may be amended
as specifically set forth in Section 3.1(b), and Exhibit D may be amended as specifically set forth in Section
1.13.
12. ELECTRONIC ACCEPTANCE
This Agreement may be executed either electronically or on paper. If this Agreement is executed
electronically, by clicking on the “Accept” button, Recipient warrants that it agrees to all of the terms of this
Agreement, that Recipient is authorized to enter into this Agreement, and that this Agreement is legally
binding upon Recipient. If Recipient does not agree to be bound by this Agreement, then Recipient shall
click the “Decline” button and Recipient shall not receive any rights from the Contributors nor shall
Recipient download any Contributions, Accellera Documentation or Accellera Releases.
13. GENERAL
This Agreement represents the complete agreement concerning the subject matter hereof and supersedes all
prior agreements or representations, oral or written, regarding the subject matter hereof. If any provision of
this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Agreement, and without further action by the parties
hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and
enforceable. This Agreement shall be executed in multiple counterparts (either electronically and/or on paper),
each of which shall be deemed to be an original, but all of which shall be one and the same Agreement. A
facsimile or other copy of the Agreement shall have the same force and effect as an originally executed copy
thereof.
This Agreement is governed by the laws of California, without reference to conflict of laws principles. Each
party waives its rights to a jury trial in any resulting litigation. Any litigation relating to this Agreement shall
be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in
Santa Clara County, California, or the Santa Clara County Superior Court. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The provisions of
this Agreement shall be construed fairly in accordance with its terms and no rules of construction for or
against either party shall be applied in the interpreting this Agreement. Recipient shall not use any
Contribution, Accellera Documentation or Accellera Release in violation of local and other applicable laws
including, but not limited to, the export control laws of the United States.
<Signature page follows>
IN WITNESS WHEREOF, duly authorized representatives of the parties have executed and delivered this
Agreement as of the later of the dates set forth below.
RECIPIENT:
By:
Name:
Its:
Date:
ACCELLERA SYSTEMS INITIATIVE:
By:
Name:
Its:
Date:
EXHIBIT A
List of Contributions as of July 13, 2006
Number Contribution
1. Updated TLM Proposal
2. TLM Extensions
3. Abstract titled "Transaction Level Modeling in SystemC"
4. Code and related material entitled "SCE-API Example - Standard Co-emulation APO v1.8 Spec and Routed
Example"
5. Code and related material entitled "Simplebus v2.2 Example for SystemC v2.0.
6. Code and related material entitled "SystemC Generic Transaction Level Communication Channel."
7. Review of TLM API code and related documents.
8. SystemC Verification Library version 1.0; versions 1.1, 1.2, 2.0, 2.0.1 of the SystemC modeling language as
released by Accellera and which are, or were, available for download on the website prior to the
agreement; version 2.1 (beta 11) of the SystemC modeling language to be released and made available by
Open SystemC Initiative for download on the website.
9. Code and related material entitled "System Design with SystemC Examples."
10. Presentation document titled "Towards a SystemC Transaction Level Modeling Standard," dated June
2004; presentation document titled "TLM Extensions," dated April 2004; presentation document titled
"Updated TLM Proposal," dated March 29, 2004; abstract titled "Transaction Level Modeling in System C."
11. Code and related material entitled "MP3 Decoder Example plus Performance Benchmark."
12. SystemC October 12 Library.
13. Source code modifications to the SystemC Library embodied in the October 12, 2004 kit
(system_2_z_lib.oct_12_2004.tgz).
Source code modifications to the SystemC Regression Test Suite embodied in the October 12, 2004 kit
(systemc_2_1_tests.oct_12_2004.tgz).
14. Synthesizable Subset 1.0.
15. TLM Contribution (Presentation documents; abstract; code; proposal dated 3/24/04).
16. Updated version of TLM kit
17. Code and related material “2.1 Beta Regression Tests”
18. Code and related material “OSCI SystemC 2.1 Beta”
19. SystemC 2.1
20. Assorted recommendations for enhancements, bug fixes and improved cross-platform support, including
project files for Microsoft Visual C++ versions 6.0 and 7.1 that are contained within the files systemc-
2.1.05may05.tgz and systemc_tests-2.105may05.tgz.
21. Minor modifications incorporated in SystemC 2.1 open source implementation dated July 14, 2005 to
permit port to Microsoft VC++ Version 7.
22. Numerous modifications incorporated in SystemC 2.1 open source implementation dated July 14, 2005.
23. A collection of interfaces and implementations in SystemC for analysis objects.
A collection of interfaces and implementations in SystemC for configuring components in a design.
24. Modifications to the most recent version of SCV which allow it to run under the SystemC-2.1v1 kit.
25. Set of header files intended to be included in the SystemC TLM Modeling library code. The API provides
for 1 interfaces: (a) “Atom at once (Variously called BA, PVT, CC) in which a single atom is transported at
once.
26. Modifications included in SystemC 2.2 library labeled “systemc-2.2.04feb06.tgz;”
Modifications included in SystemC 2.2 test suites labeled “systemc_tests-2.2.04feb06.tgz.”
27. Modifications to the SystemC 2.2 library to enable the port to gcc version 4;
Addition of compliance_1666 tests to the SystemC 2.2 regression test suite.
28. OSCI_TL3_2006_03_01.zip, including any updates of any of the foregoing, and
OSCI_SCML_Memory_and_Bitfield_2006_03_01.zip, including any updates of any of the foregoing.
29. C++/SystemC Code for Mentor’s SMI System PVT channel implementation; An example of a protocol
specific SystemC PVT channel implementation; Design examples using the above channel models; A
white-paper describing the channel implementations.
EXHIBIT B
Form of Description of Contributions
A. Description of Contributions
1.
2.
The undersigned hereby makes the Contributions described above
pursuant to the term, conditions and limitations of the SystemC
License.
By:
Name:
Its:
Date:
Address:
Tel:
Fax:
Email:
EXHIBIT C
Contribution Questionnaire
Contribution Number (see Exhibit B):
Date:
1. Is Contributor a member of Accellera Systems Initiative?
□ Yes
□ No
If Contributor is a member of Accellera Systems Initiative, please indicate Contributor’s membership status
and complete questions 2 or 3 (as applicable):
□ Corporate Member
□ Associate Member
If Contributor is not a member of Accellera Systems Initiative, please skip questions 2 and 3 and go to
question 4.
2. If Contributor is a Corporate Member or Associate Member of Accellera Systems Initiative, please indicate the
name, title, and contact information for the person making this Contribution on behalf of such Corporate Member
or Associate Member:
Name:
Title:
Address:
Phone:
Fax:
Email:
3. If Contributor is not a member of Accellera Systems Initiative, then please complete the following:
If the Contributor is a natural person, please indicate the name and address of Contributor’s employer
and the title of the position held at such employer:
Name of Employer:
Title with such Employer:
Address:
Phone:
Fax:
Email:
If Contributor is an entity (corporation, limited liability company, partnership), then please indicate the
name, title, and contact information for the person making this Contribution on behalf of such Contributor.
Entity Name:
Name:
Title:
Address:
Phone:
Fax:
Email:
EXHIBIT D
Trademark Usage Policy
I. LIST OF MARKS
1. Open SystemC
2. Open SystemC Initiative
3. OSCI
4. SystemC
5. SystemC Initiative
6. All logos that incorporate the foregoing word marks
II. PROPER USE OF MARKS
Trademarks and service marks function as adjectives and generally should not be used as nouns or verbs.
Accordingly, as often as possible, the Marks should be used as adjectives immediately preceding the generic
noun that refers to the service in question. For example:
The SystemC® software
The OSCI® LRM
No Possessives or Plurals. Since they are not nouns, the Marks should never be used in the possessive or
plural forms. For example, it is not appropriate to write “SystemC’s software.”
No Use as Verbs or as Puns. The Marks should never be used as verbs or as puns.
III. PROPER ATTRIBUTION
Trademark ownership is attributed in two ways, with the use of a symbol (TM, SM, ®) after the mark and with a
legal legend, usually found at the end of a document following the copyright notice. Following are Accellera’s
rules for symbols and legends to attribute the Marks:
Symbols:
Which Symbol Do I Use?
The Marks generally function as trademarks rather than service marks. Unless you are specifically directed
otherwise, please use the ® symbol after the Marks.
Where Do I Place the ® Symbol?
The ® symbol is placed immediately after the mark, either in superscript or subscript.
When Do I Use the Symbol?
The ® symbol is to be used after the Marks in the following instances:
Most Prominent Uses: A ® symbol is required after prominent uses of the Marks, e.g., in the headlines and
large print text of web pages, advertisements, other promotional materials and press releases, except where
space limitations or specific style considerations prevent compliance with this requirement.
First Use in Text: A ® symbol is required after the first use of each Mark in text, e.g. advertising copy or the
body of press releases, even though the symbol may have already appeared in the headline or after another
prominent use of the mark in the same document.
All Logos: The ® symbol must appear after all logos incorporating the Marks.
IV. LEGENDS
All Marks that appear on a web page or in a press release, advertisement or other written material (whether in
print or electronic form) must be attributed in an appropriate legend. The legend may be presented in
“mouseprint” but must be large enough to be read easily. Legends generally appear at the end of a document or
the bottom of a web page but may be placed elsewhere, e.g. the inside covers of documentation.
The Accellera Systems Initiative Legend: The following legend should be used in all materials in which any
of the Marks appear:
[Insert the Marks] are trademarks or registered trademarks of Accellera Systems Initiative, Inc. in the United
States and other countries and are used with permission.
V. MARKS NEVER COMBINED
The Marks should never be combined with the marks of any business other than Accellera. The Marks should
always appear visually separate from any other marks appearing in the same materials such that each mark
creates a distinct commercial impression. It would, for instance, not be appropriate to superimpose the logo of
another business over any Accellera logo.
VI. LOGOS
Logos incorporating the Marks can only be used in the format provided to you by Accellera for incorporation
into your materials or web pages. The logos provided to you by Accellera cannot be modified in any way
without Accellera’s prior written approval. Logos copied from Accellera web pages or other materials may not
to be used. Please contact info@accellera.org to obtain electronic files containing the Accellera logos and to
ask any question regarding the logos.
Version 1.0 - February 16, 2001
Copyright (C) 2001 Apple Computer, Inc.
Permission is granted to copy and distribute verbatim copies of this License, but changing or adding to it in any way is not permitted.
Please read this License carefully before downloading or using this material. By downloading or using this material, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use this material.
0. Preamble. The Common Documentation License (CDL) provides a very simple and consistent license that allows relatively unrestricted use and redistribution of documents while still maintaining the author's credit and intent. To preserve simplicity, the License does not specify in detail how (e.g. font size) or where (e.g. title page, etc.) the author should be credited. To preserve consistency, changes to the CDL are not allowed and all derivatives of CDL documents are required to remain under the CDL. Together, these constraints enable third parties to easily and safely reuse CDL documents, making the CDL ideal for authors who desire a wide distribution of their work. However, this means the CDL does not allow authors to restrict precisely how their work is used or represented, making it inappropriate for those desiring more finely-grained control.
1. General; Definitions. This License applies to any documentation, manual or other work that contains a notice placed by the Copyright Holder stating that it is subject to the terms of this Common Documentation License version 1.0 (or subsequent version thereof) ("License"). As used in this License:
1.1 "Copyright Holder" means the original author(s) of the Document or other owner(s) of the copyright in the Document.
1.2 "Document(s)" means any documentation, manual or other work that has been identified as being subject to the terms of this License.
1.3 "Derivative Work" means a work which is based upon a pre-existing Document, such as a revision, modification, translation, abridgment, condensation, expansion, or any other form in which such pre-existing Document may be recast, transformed, or adapted.
1.4 "You" or "Your" means an individual or a legal entity exercising rights under this License.
2. Basic License. Subject to all the terms and conditions of this License, You may use, copy, modify, publicly display, distribute and publish the Document and your Derivative Works thereof, in any medium physical or electronic, commercially or non-commercially; provided that: (a) all copyright notices in the Document are preserved; (b) a copy of this License, or an incorporation of it by reference in proper form as indicated in Exhibit A below, is included in a conspicuous location in all copies such that it would be reasonably viewed by the recipient of the Document; and (c) You add no other terms or conditions to those of this License.
3. Derivative Works. All Derivative Works are subject to the terms of this License. You may copy and distribute a Derivative Work of the Document under the conditions of Section 2 above, provided that You release the Derivative Work under the exact, verbatim terms of this License (i.e., the Derivative Work is licensed as a "Document" under the terms of this License). In addition, Derivative Works of Documents must meet the following requirements:
(a) All copyright and license notices in the original Document must be preserved.
(b) An appropriate copyright notice for your Derivative Work must be added adjacent to the other copyright notices.
(c) A statement briefly summarizing how your Derivative Work is different from the original Document must be included in the same place as your copyright notice.
(d) If it is not reasonably evident to a recipient of your Derivative Work that the Derivative Work is subject to the terms of this License, a statement indicating such fact must be included in the same place as your copyright notice.
4. Compilation with Independent Works. You may compile or combine a Document or its Derivative Works with other separate and independent documents or works to create a compilation work ("Compilation"). If included in a Compilation, the Document or Derivative Work thereof must still be provided under the terms of this License, and the Compilation shall contain (a) a notice specifying the inclusion of the Document and/or Derivative Work and the fact that it is subject to the terms of this License, and (b) either a copy of the License or an incorporation by reference in proper form (as indicated in Exhibit A). Mere aggregation of a Document or Derivative Work with other documents or works on the same storage or distribution medium (e.g. a CD-ROM) will not cause this License to apply to those other works.
5. NO WARRANTY. THE DOCUMENT IS PROVIDED 'AS IS' BASIS, WITHOUT WARRANTY OF ANY KIND, AND THE COPYRIGHT HOLDER EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS WITH RESPECT TO THE DOCUMENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD PARTY RIGHTS.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE, REPRODUCTION, MODIFICATION, DISTRIBUTION AND/OR PUBLICATION OF THE DOCUMENT, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COPYRIGHT HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
7. Trademarks. This License does not grant any rights to use any names, trademarks, service marks or logos of the Copyright Holder (collectively "Marks") and no such Marks may be used to endorse or promote works or products derived from the Document without the prior written permission of the Copyright Holder.
8. Versions of the License. Apple Computer, Inc. ("Apple") may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once a Document has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Document under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Documents created under this License.
9. Termination. This License and the rights granted hereunder will terminate automatically if You fail to comply with any of its terms. Upon termination, You must immediately stop any further reproduction, modification, public display, distr ibution and publication of the Document and Derivative Works. However, all sublicenses to the Document and Derivative Works which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nat ure, must remain in effect beyond the termination of this License shall survive, including but not limited to Sections 5, 6, 7, 9 and 10.
10. Waiver; Severability; Governing Law. Failure by the Copyright Holder to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
EXHIBIT A
The proper form for an incorporation of this License by reference is as follows:
"Copyright (c) [year] by [Copyright Holder's name]. This material has been released under and is subject to the terms of the Common Documentation License, v.1.0, the terms of which are hereby incorporated by reference. Please obtain a copy of the License at http://www.opensource.apple.com/cdl/ and read it before using this material. Your use of this material signifies your agreement to the terms of the License."
Apple Common Documentation License v1.0
Copyright and Licensing Information for ACE(TM), TAO(TM), CIAO(TM), and CoSMIC(TM)
ACE(TM),TAO(TM),CIAO(TM),andCoSMIC(TM) (henceforth referred to as "DOC software") are copyrighted by Douglas C. Schmidt and his research group at Washington University, University of California, Irvine, and Vanderbilt University, Copyright (c) 1993-2009, all rights reserved. Since DOC software is open-source, freely available software, you are free to use, modify, copy, and distribute--perpetually and irrevocably--the DOC software source code and object code produced from the source, as well as copy and distribute modified versions of this software. You must, however, include this copyright statement along with any code built using DOC software that you release. No copyright statement needs to be provided if you just ship binary executables of your software products.
You can use DOC software in commercial and/or binary software releases and are under no obligation to redistribute any of your source code that is built using DOC software. Note, however, that you may not misappropriate the DOC software code, such as copyrighting it yourself or claiming authorship of the DOC software code, in a way that will prevent DOC software from being distributed freely using an open-source development model. You needn't inform anyone that you're using DOC software in your software, though we encourage you to let us know so we can promote your project in the DOC software success stories.
The ACE, TAO, CIAO, and CoSMIC web sites are maintained by the DOC Group at the Institute for Software Integrated Systems (ISIS) and the Center for Distributed Object Computing of Washington University, St. Louis for the development of open-source software as part of the open-source software community. Submissions are provided by the submitter ``as is'' with no warranties whatsoever, including any warranty of merchantability, noninfringement of third party intellectual property, or fitness for any particular purpose. In no event shall the submitter be liable for any direct, indirect, special, exemplary, punitive, or consequential damages, including without limitation, lost profits, even if advised of the possibility of such damages. Likewise, DOC software is provided as is with no warranties of any kind, including the warranties of design, merchantability, and fitness for a particular purpose, noninfringement, or arising from a course of dealing, usage or trade practice. Washington University, UC Irvine, Vanderbilt University, their employees, and students shall have no liability with respect to the infringement of copyrights, trade secrets or any patents by DOC software or any part thereof. Moreover, in no event will Washington University, UC Irvine, or Vanderbilt University, their employees, or students be liable for any lost revenue or profits or other special, indirect and consequential damages.
DOC software is provided with no support and without any obligation on the part of Washington University, UC Irvine, Vanderbilt University, their employees, or students to assist in its use, correction, modification, or enhancement. A number of companies around the world provide commercial support for DOC software, however. DOC software is Y2K-compliant, as long as the underlying OS platform is Y2K-compliant. Likewise, DOC software is compliant with the new US daylight savings rule passed by Congress as "The Energy Policy Act of 2005," which established new daylight savings times (DST) rules for the United States that expand DST as of March 2007. Since DOC software obtains time/date and calendaring information from operating systems users will not be affected by the new DST rules as long as they upgrade their operating systems accordingly.
The names ACE(TM), TAO(TM), CIAO(TM), CoSMIC(TM), Washington University, UC Irvine, and Vanderbilt University, may not be used to endorse or promote products or services derived from this source without express written permission from Washington University, UC Irvine, or Vanderbilt University. This license grants no permission to call products or services derived from this source ACE(TM), TAO(TM), CIAO(TM), or CoSMIC(TM), nor does it grant permission for the name Washington University, UC Irvine, or Vanderbilt University to appear in their names.
If you have any suggestions, additions, comments, or questions, please let me know. Douglas C. Schmidt
Back to the ACE home page.
# Acki Nacki Node License
## BLOCKCHAIN SOURCE LICENSE AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Licensor grants the Licensee the rights to use the Licensed Work as outlined in this Agreement, contingent upon full payment of the applicable Node License Fee
## General provisions
* Acki Nacki Node License (“ANNL”, “Node License”) is an exclusive Blockchain Source License agreement
* The final number of licenses to be issued under set Terms will be determined as a result of the Acki Nacki Node Sale but won’t exceed 10,000 Block Keepers Node Licenses and 10,000 of Block Manager Node Licenses
* Node Licenses can be used to run Acki Nacki Nodes from the start of the Acki Nacki Network (zero state) without a need for initial stake
* The stake is required for the validation at a later date according to Minimum Stake Network Protocol Parameters
* The Licenses are transferable without restrictions
* Acki Nacki network is fully decentralized. Software modifications may be issued by anybody provided they are distributed under the Terms of this ANNL. There will be no mechanisms for developers to change any of the network or license parameters without Node Owners consensus agreement manifesting in running such software update.
| Licensor: | GOSH TECHNOLOGY LTD. (“GOSH”) |
| :---- | :---- |
| Licensed Work: | The Licensed Work is (c) 2022-2024 GOSH Technology Ltd |
| Use Grant: | You may make production use of the Licensed Work as part of the Acki Nacki Public Network as published by GOSH |
| Other Use Grant Restriction: | You may make production use of the Licensed Work, provided Your use does not include offering the Licensed Work to third parties as a public, permissionless Blockchain Network |
| Change Date: | Two years from the date the Licensed Work is published |
| Change License: | [GNU AFFERO GENERAL PUBLIC LICENSE](https://www.gnu.org/licenses/agpl-3.0.html) |
## Terms
The Licensor hereby grants you the right to copy, modify, create derivative works, redistribute, and make non-production use of the Licensed Work. The Licensor may make an Additional Use Grant, above, permitting limited production use.
Effective on the Change Date, or the second anniversary of the first publicly available distribution of a specific version of the Licensed Work under this License, whichever comes first, the Licensor hereby grants you rights under the terms of the Change License, and the rights granted in the paragraph above terminate.
If your use of the Licensed Work does not comply with the requirements currently in effect as described in this License, you must purchase a commercial license from the Licensor, its affiliated entities, or authorized resellers, or you must refrain from using the Licensed Work.
All copies of the original and modified Licensed Work, and derivative works of the Licensed Work, are subject to this License. This License applies separately for each version of the Licensed Work and the Change Date may vary for each version of the Licensed Work released by Licensor.
You must conspicuously display this License on each original or modified copy of the Licensed Work. If you receive the Licensed Work in original or modified form from a third party, the terms and conditions set forth in this License apply to your use of that work.
Any use of the Licensed Work in violation of this License will automatically terminate your rights under this License for the current and all other versions of the Licensed Work.
This License does not grant you any right in any trademark or logo of Licensor or its affiliates (provided that you may use a trademark or logo of Licensor as expressly required by this License).
Yes, if you do not want to include any indemnification obligations in the license, you can simply omit the "No Indemnification" section altogether.
The revised disclaimer of warranties and limitation of liability sections provide sufficient legal protection by clarifying that:
The Licensed Work is provided "as is."
No warranties are provided.
Your liability is limited to the amount paid for the license, without including any indemnification provisions.
Final Revised Section:
Here’s how the relevant sections of your license should look after dropping the "No Indemnification" section and replacing the original disclaimer:
Disclaimer of Warranties:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OF THE LICENSED WORK, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSOR’S TOTAL LIABILITY TO THE LICENSEE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS LICENSE SHALL NOT EXCEED THE AMOUNT PAID BY THE LICENSEE TO THE LICENSOR FOR THE LICENSED WORK.
Limited Grant of Rights:
The Licensee is granted the rights to use the Licensed Work solely in accordance with the terms of this License. Production use of the Licensed Work is permitted, provided that such use does not include offering the Licensed Work to third parties as a public, permissionless Blockchain Network. This License does not provide any warranties, support, or other protections beyond the right to use the software as specified.
Permission to include in application software or to make digital or hard copies
of part or all of this work is subject to the following licensing agreement.
ACM Software License Agreement
All software, both binary and source published by the Association for
Computing Machinery (hereafter, Software) is copyrighted by the
Association (hereafter, ACM) and ownership of all right, title and
interest in and to the Software remains with ACM. By using or copying
the Software, User agrees to abide by the terms of this Agreement.
Noncommercial Use
The ACM grants to you (hereafter, User) a royalty-free, nonexclusive
right to execute, copy, modify and distribute both the binary and
source code solely for academic, research and other similar
noncommercial uses, subject to the following conditions:
1. User acknowledges that the Software is still in the development
stage and that it is being supplied "as is," without any support
services from ACM. Neither ACM nor the author makes any
representations or warranties, express or implied, including,
without limitation, any representations or warranties of the
merchantability or fitness for any particular purpose, or that the
application of the software, will not infringe on any patents or
other proprietary rights of others.
2. ACM shall not be held liable for direct, indirect, incidental or
consequential damages arising from any claim by User or any third
party with respect to uses allowed under this Agreement, or from
any use of the Software.
3. User agrees to fully indemnify and hold harmless ACM and/or the
author(s) of the original work from and against any and all claims,
demands, suits, losses, damages, costs and expenses arising out of
the User's use of the Software, including, without limitation,
arising out of the User's modification of the Software.
4. User may modify the Software and distribute that modified work
to third parties provided that: (a) if posted separately, it
clearly acknowledges that it contains material copyrighted by ACM
(b) no charge is associated with such copies, (c) User agrees to
notify ACM and the Author(s) of the distribution, and (d) User
clearly notifies secondary users that such modified work is not the
original Software.
5. User agrees that ACM, the authors of the original work and
others may enjoy a royalty-free, non-exclusive license to use,
copy, modify and redistribute these modifications to the Software
made by the User and distributed to third parties as a derivative
work under this agreement.
6. This agreement will terminate immediately upon User's breach of,
or non-compliance with, any of its terms. User may be held liable
for any copyright infringement or the infringement of any other
proprietary rights in the Software that is caused or facilitated by
the User's failure to abide by the terms of this agreement.
7. This agreement will be construed and enforced in accordance with
the law of the state of New York applicable to contracts performed
entirely within the State. The parties irrevocably consent to the
exclusive jurisdiction of the state or federal courts located in
the City of New York for all disputes concerning this agreement.
Commercial Use
Any User wishing to make a commercial use of the Software must contact
ACM at permissions@acm.org to arrange an appropriate license.
Commercial use includes (1) integrating or incorporating all or part
of the source code into a product for sale or license by, or on behalf
of, User to third parties, or (2) distribution of the binary or source
code to third parties for use with a commercial product sold or
licensed by, or on behalf of, User.
Revised 6/98
BRAINSTEM DEVELOPMENT KIT SOFTWARE PACKAGE LICENSE AGREEMENT:
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY USING THE SOFTWARE, OR USING EQUIPMENT THAT CONTAINS THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.
BRAINSTEM2 LIBRARY SHARED OBJECT, STATIC ARCHIVE, AND LIBRARY HEADERS.
SOFTWARE LICENSE AGREEMENT Copyright (c) 1994-2020 Acroname Inc.
Single User and Multiple-Users License Grant: Acroname Inc. ("Acroname") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the BrainStem2 shared object (.dylib, .framework, .so, .dll, etc) static archive (.a), and associated library header files ("Software") in object code form.
CUSTOMER SHALL NOT: MODIFY THE SOFTWARE; REVERSE ENGINEER OR REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Acroname. Title to Software and documentation shall remain solely with Acroname.
Customer agrees that redistributions of this Software must retain the above copyright notice, this list of conditions and the following disclaimer.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL ACRONAME OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ACRONAME OR ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS SOFTWARE IS NOT INTENDED FOR USE IN LIFE SUPPORT SYSTEMS. In no event shall Acroname's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. Some jurisdictions may not allow limitation or exclusion of liability for consequential or incidental damages.
This Software License Agreement is effective until terminated. Customer may terminate this License at any time by destroying all copies of the Software including any documentation. This License will terminate immediately without notice from Acroname if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of the Software.
This Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export,
or import Software. This License shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect.
This License constitutes the entire License between the parties with respect to the use of the Software.
BRAINSTEM2 DIRECT DEPENDENCY LICENSE NOTIFICATION:
LIB USB
This binary distribution uses libUSB v1.0 (https://libusb.info). LibUSB is licensed under GNU Lesser General Public License (LGPL) v2.1. Acroname will provide, at request (support@acroname.com), object code sufficient to recompile the Acroname BrainStem binary distribution with an updated interface compatible copy of the libUSB library.
Acter Public Source License 1.0
Parameters
Licensor: Acter
Licensed Work: a3 / Acter App
Additional Use Grant: You may make use of the Licensed Work for personal and
educational purposes as well as for internal usage,
provided that your service is not publicly accessible and
has no more than 100 registered Users.
Change Date: Two years after first publication (also via Github)
of the specific version
Change License: GNU AFFERO GENERAL PUBLIC LICENSE, Version 3.0
see LICENSE-AGPL.txt
Notice
The Acter Public Source License (this document, or the "License"), based on the
Business Source License 1.1, is not an Open Source license. However, the
Licensed Work will eventually be made available under an Open Source License,
as stated in this License.
"Business Source License" is a trademark of MariaDB Corporation Ab.
-----------------------------------------------------------------------------
Acter Public Source License 1.0
Terms
The Licensor hereby grants you the right to copy, modify, create derivative
works, redistribute, and make non-production use of the Licensed Work. The
Licensor may make an Additional Use Grant, above, permitting limited
production use.
Effective on the second anniversary of the first publicly available distribution
of a specific version of the Licensed Work under this License, the Licensor
hereby grants you rights under the terms of the Change License, and the rights
granted in the paragraph above terminate.
If your use of the Licensed Work does not comply with the requirements
currently in effect as described in this License, you must purchase a
commercial license from the Licensor, its affiliated entities, or authorized
resellers, or you must refrain from using the Licensed Work.
All copies of the original and modified Licensed Work, and derivative works
of the Licensed Work, are subject to this License. This License applies
separately for each version of the Licensed Work and the Change Date may vary
for each version of the Licensed Work released by Licensor.
You must conspicuously display this License on each original or modified copy
of the Licensed Work. If you receive the Licensed Work in original or
modified form from a third party, the terms and conditions set forth in this
License apply to your use of that work.
Any use of the Licensed Work in violation of this License will automatically
terminate your rights under this License for the current and all other
versions of the Licensed Work.
This License does not grant you any right in any trademark or logo of
Licensor or its affiliates (provided that you may use a trademark or logo of
Licensor as expressly required by this License).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON
AN "AS IS" BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
TITLE.
The Activepieces Enterprise license (the “Enterprise License”)
With regard to the Activepieces Software:
This software and associated documentation files (the "Software") may only be
used in production, if you (and any entity that you represent) have agreed to,
and are in compliance with, the Activepieces Subscription Terms of Service, available
at https://activepieces.com/terms (the “Enterprise Terms”), or other
agreement governing the use of the Software, as agreed by you and Activepieces,
and otherwise have a valid Activepieces Enterprise license for the
correct number of user seats. Subject to the foregoing sentence, you are free to
modify this Software and publish patches to the Software. You agree that Activepieces
and/or its licensors (as applicable) retain all right, title and interest in and
to all such modifications and/or patches, and all such modifications and/or
patches may only be used, copied, modified, displayed, distributed, or otherwise
exploited with a valid Activepieces Enterprise license for the correct
number of user seats. Notwithstanding the foregoing, you may copy and modify
the Software for development and testing purposes, without requiring a
subscription. You agree that Activepieces and/or its licensors (as applicable) retain
all right, title and interest in and to all such modifications. You are not
granted any other rights beyond what is expressly stated herein. Subject to the
foregoing, it is forbidden to copy, merge, publish, distribute, sublicense,
and/or sell the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
For all third party components incorporated into the Activepieces Software, those
components are licensed under the original license provided by the owner of the
applicable component.
ACTIVESTATE COMMUNITY EDITION SOFTWARE LICENSE AGREEMENT
Version effective date: August 2, 2012
Preamble:
Support is available from ACTIVESTATE under a separate agreement, see Part 3.d. For redistribution of the Software, You will require a special license, see part 4.b. For more information on support options and or redistribution (e.g. Business Edition, Enterprise Edition, and or OEM Licensing) please visit www.activestate.com. This license establishes the terms under which the Software may be copied, modified, distributed and/or redistributed. The intent of this license is that ACTIVESTATE maintains control over the development and distribution of the Software, while allowing its use it in a variety of ways. If the terms of this license do not permit Your proposed usage or if You require clarification regarding your intended use of the Software, please contact sales@activestate.com.
ACTIVESTATE SOFTWARE INC. ("ACTIVESTATE") IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "YES, ACCEPT" OR BY INSTALLING THE SOFTWARE, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN ACTIVESTATE IS UNWILLING TO LICENSE THE SOFTWARE, AND YOU SHOULD NOT INSTALL THE SOFTWARE.
1. Parties. The parties to this Agreement are you, the licensee ("You") and ACTIVESTATE. If You are not acting on behalf of Yourself as an individual, then "You" means Your company or organization. A company or organization shall in either case mean a single business entity, and shall not include its affiliates or wholly owned subsidiaries.
2. The Software. The accompanying materials including, but not limited to, source code, binary executables, documentation, images, and scripts, which are distributed by ACTIVESTATE, and derivatives of that collection and/or those files are referred to herein as the "Software".
3. License Grant for the Software.
a. You are granted worldwide, perpetual, paid up, royalty free, non-exclusive rights to install and use the Software subject to the terms and conditions contained herein.
b. You may: (i) copy the Software for archival purposes, (ii) copy the Software for personal use purposes, (iii) use, copy, and distribute the Software solely for Your organization's internal use and or internal business operation purposes including copying the Software to other computers or workstations inside Your organization, (iv) redistribute parts of the Software outside of Your organization only as part of a Wrapped Application utilizing executable generators such as PerlApp, Perl2Exe, PAR, TclApp, py2app, or py2exe. Any copy must contain the original Software's proprietary notices in unaltered form. "Wrapped Application" means a single-file executable wherein all binary components are encapsulated in a single binary however You may not expose the base programming language as a scripting language within your own application program to end users.
c. You are permitted to modify the Accessible Code to develop bug fixes, customizations, or additional features, solely for the purpose of using the Software pursuant to this Agreement. "Accessible Code" means source code contained within the Software that is under an open source license .
d. No Other Software and Services. ACTIVESTATE will not provide You with any other software or services (including any support or maintenance services) relating to the Software, except to the extent that such software and services, if any, are required and provided pursuant to an applicable maintenance and support agreement.
4. Restrictions.
a. ACTIVESTATE encourages You to promote use of the Software. However this Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of ACTIVESTATE, except as required for reasonable and customary use in describing the origin of the Software. In particular, You cannot use any of these marks in any way that might state or imply that ACTIVESTATE endorses Your work, or might state or imply that You created the Software covered by this Agreement. Except as expressly provided herein, you may not:
i. modify or translate the Software;
ii. reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law;
iii. create derivative works based on the Software;
iv. merge the Software with another product;
v. copy the Software; or
vi. remove or obscure any proprietary rights notices or labels on the Software.
b. Use of the Software through a web server on external-facing servers requires a separate Business Edition license agreement from ACTIVESTATE which will supersede the terms of this license. Except as expressly provided herein, you may not use the Software to provide content or functionality through a web server on external-facing servers,
c. You may not distribute the Software via OEM Distribution (as defined below) without entering into a separate OEM Distribution Agreement with ACTIVESTATE. "OEM Distribution" means permitting others outside Your organization to use the Software, distribution and/or use of the Software as either a bundled add-on to, or embedded component of, another application, with such application being made available to its users as, but not limited to, an on-premises application, a hosted application, a Software-as-a-Service offering or a subscription service for which the distributor of the application receives a license fee or any form of direct or indirect compensation. Except as expressly provided herein, you may not:
i. permit others outside Your organization to use the Software,
ii. redistribute:
1. the Software as a whole whether as a wrapped application or on a stand alone basis, or
2. parts of the Software to create a language distribution, or
3. the ACTIVESTATE components with Your Wrapped Application.
d. You are excluded from the foregoing restrictions in this paragraph 4b or 4c if You are using the Software for non-commercial purposes as determined by ACTIVESTATE at its sole discretion, or if You are using the Software solely for Your organization’s internal use and or internal business operation purposes.
5. Ownership. ACTIVESTATE and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software's design and coding methodology. The Software is protected by Canada and United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.
6. Infringement Indemnification. You shall defend or settle, at Your expense, any action brought against ACTIVESTATE based upon the claim that any modifications to the Software or combination of the Software with products infringes or violates any third party right; provided, however, that: (i) ACTIVESTATE shall notify Licensee promptly in writing of any such claim; (ii) ACTIVESTATE shall not enter into any settlement or compromise any such claim without Your prior written consent; (iii) You shall have sole control of any such action and settlement negotiations; and (iv) ACTIVESTATE shall provide You with commercially reasonable information and assistance, at Your request and expense, necessary to settle or defend such claim. You agree to pay all damages and costs finally awarded against ACTIVESTATE attributable to such claim.
7. Limited Warranty. NEITHER ACTIVESTATE NOR ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACTIVESTATE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Local Law. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives you specific rights, and You may have other rights which vary from jurisdiction to jurisdiction.
9. Limitation of Liability. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL ACTIVESTATE OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF ACTIVESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL ACTIVESTATE'S LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED IN THE AGGREGATE THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE.
10. Export Controls. You agree to comply with all export laws and restrictions and regulations of Canada, the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Software from Canada or the U.S. Neither the Software nor the underlying information or technology may be electronically transmitted or otherwise exported or re-exported (i) into Belarus, Myanmar (Burma), Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to Canada or U.S. trade sanctions covering the Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on Canada's Area Control List of the Export and Import Permits Act, or; (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, You agree to the foregoing and represent and warrant that it complies with these conditions.
11. U.S. Government End-Users. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of Canada and the United States.
12. Licensee Outside The U.S. If You are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and You represent that You have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
13. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
14. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and be finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Vancouver, BC, Canada, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Province of British Columbia, Canada to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
15. Jurisdiction and Venue. The courts of Vancouver in the Province of British Columbia, Canada and the nearest British Columbia provincial court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
16. Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.
17. Publicity Rights. You grant ACTIVESTATE the right to include Your name, trade name, trademark, service mark or logo in its Software promotional material. You may retract this grant at any time in writing to sales@activestate.com, requesting Your name, trade name, trademark, service mark or logo be excluded from future releases of ACTIVESTATE Software promotional material. Requests cannot be complied with retroactively and may require up to thirty days to process.
18. Assignment. Except as expressly provided herein neither this Agreement nor any rights granted hereunder, nor the use of any of the Software may be assigned, or otherwise transferred, in whole or in part, by Licensee, without the prior written consent of ACTIVESTATE. ACTIVESTATE may assign this Agreement in the event of a merger or sale of all or substantially all of the stock of assets of ACTIVESTATE without the consent of Licensee. Any attempted assignment will be void and of no effect unless permitted by the foregoing. This Agreement shall inure to the benefit of the parties permitted successors and assigns.
19. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. ACTIVESTATE reserves the right to change this Agreement at any time, which change shall be effective immediately upon its posting into any future release of the Software. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the Province of British Columbia, Canada, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties agree that the Uniform Computer Transactions Act or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement, and to the extent that UCITA may be applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
ActiveState Community License
Preamble:
The intent of this document is to state the conditions under which the Package may be copied and distributed, such that ActiveState maintains control over the development and distribution of the Package, while allowing the users of the Package to use the Package in a variety of ways.
Definitions:
"ActiveState" refers to ActiveState Software Inc., the Copyright Holder of the Package.
"Package" refers to those files, including, but not limited to, source code, binary executables, images, and scripts, which are distributed by the Copyright Holder under the name ActivePython.
"You" is you, if you're thinking about copying or distributing this Package.
1. You may use this Package for commercial or non-commercial purposes without charge.
2. You may make and give away verbatim copies of this Package for personal use, or for use within your organization, provided that you duplicate all of the original copyright notices and associated disclaimers. You may not distribute copies of this Package, or copies of packages derived from this Package, to others outside your organization without specific prior written permission from ActiveState (although you are encouraged to direct them to sources from which they may obtain it for themselves).
3. You may apply bug fixes, portability fixes, and other modifications derived from ActiveState. A Package modified in such a way shall still be covered by the terms of this license.
4. In addition to the above allowed uses, this license does allow for the redistribution of parts of the Package together with other software code in a wrapped format, including but not limited to a format wrapped with executable generators such as "py2app" or "py2exe". However, if you wish to redistribute the complete Package either as a standalone distribution or in a wrapped format, you must obtain written permission from ActiveState. ActiveState may charge a fee for such license. To obtain permission for redistribution or clarification regarding your particular intended use of the Package, please contact us.
5. ActiveState's name and trademarks may not be used to endorse or promote packages derived from this Package without specific prior written permission from ActiveState.
6. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. This Package may be subject to export controls imposed by applicable laws and regulations, which may prohibit or restrict the distribution, exportation and re-exportation of the Package. You will comply with all applicable export control laws, including such laws of the U.S., Canada and the European Community, in effect from time to time, including without limitation the Canadian Export and Import Permits Act, the Canadian United Nations Act, and the U.S. Foreign Corrupt Practices Act and with all export laws and restrictions and regulations of the United States Department of Commerce or other United States, European Community or other foreign agency or authority, and will not distribute, export or re-export, or allow the distribution, export or re-export, of the Package or any copy or adaptation of direct product thereof, or any underlying technology, except in full compliance with any and all such applicable laws, restrictions and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of, any restricted country (currently including Myanmar [Burma], Belarus, Cuba, Libya, North Korea, Iran, Iraq, Sudan, Syria, and Afghanistan) or of any designated entity or person.
The Package may contain software covered by other licenses and copyrights.
Copyright © 2001 Python Software Foundation. All Rights Reserved.
Copyright © 2000 BeOpen.com. All Rights Reserved.
Copyright © 1995-2001 Corporation for National Research Initiatives. All Rights Reserved.
Copyright © 1991-1995 Stichting Mathematisch Centrum, Amsterdam. All Rights Reserved.
ACTIVESTATE® KOMODO® EDIT LICENSE AGREEMENT
Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using and installing ActiveState's Software or, where applicable, choosing the "I ACCEPT..." option at the end of the License you indicate that you have read, understood, and accepted the terms and conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE. If the Software is already downloaded or installed, you should promptly cease using the Software in any manner and destroy all copies of the Software in your possession. You, the user, assume all responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. If you have any questions concerning this, you may contact ActiveState via license@activestate.com.
Version 1.1
A SOURCE CODE VERSION OF CERTAIN KOMODO EDIT BROWSER FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.ACTIVESTATE.COM UNDER THE MOZILLA PUBLIC and other open source software licenses.
The accompanying executable code version of ActiveState Komodo Edit and related documentation (the "Product") is made available to you under the terms of this ActiveState Komodo Edit END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE ActiveState Komodo Edit BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE ActiveState Komodo Edit BROWSER.
DURING THE ACTIVESTATE KOMODO EDIT INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
LICENSE GRANT. ActiveState Software grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by ActiveState that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.
PROPRIETARY RIGHTS. Portions of the Product are available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, "Open Source Licenses") at www.activestate.com. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, ActiveState, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of ActiveState or its licensors.
PRIVACY POLICY. You agree to the ActiveState Komodo Edit Privacy Policy, made available online at privacy policy, as that policy may be changed from time to time. When ActiveState changes the policy in a material way a notice will be posted on the website at www.activestate.com, and when any change is made in the privacy policy, the updated policy will be posted at the above link. It is your responsibility to ensure that you understand the terms of the privacy policy, so you should periodically check the current version of the policy for changes.
DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, ACTIVESTATE AND ACTIVESTATE'S DISTRIBUTORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, ACTIVESTATE AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, "ACTIVESTATE") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. ACTIVESTATE'S LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THE LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
U.S. GOVERNMENT END-USERS. This Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein.
MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between ActiveState and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of ActiveState. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; ActiveState may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE
LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH
THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR
ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.
BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE
PRGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION,
INC. ("ACTIVISION").
LIMITED USE LICENSE. Subject to the conditions described below, Activision
grants you the non-exclusive, non-transferable, limited right and license to
install and use one copy of this Program solely and exclusively for your
personal use. All rights not specifically granted under this Agreement are
reserved by Activision and, as applicable, Activision's licensors. This Program
is licensed, not sold, for your use. Your license confers no title or ownership
in this Program and should not be construed as a sale of any rights in this
Program.
LICENSE CONDITIONS.
You shall not:
o Exploit this Program or any of its parts commercially.
o Use this Program, or permit use of this Program, on more than one computer,
computer terminal, or workstation at the same time.
o Make copies of this Program or any part thereof, or make copies of the
materials accompanying this Program.
o Use the program, or permit use of this Program, in a network, multi-user
arrangement or remote access arrangement, including any online use, except as
otherwise explicitly provided by this Program.
o Sell, rent, lease or license any copies of this Program, without the express
prior written consent of Activision.
o Remove, disable or circumvent any proprietary notices or labels contained on
or within the Program.
OWNERSHIP. All title, ownership rights and intellectual property rights in and
to this Program and any and all copies thereof (including but not limited to any
titles, computer code, themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights, any
related documentation, and "applets" incorporated into this Program) are owned
by Activision, affiliates of Activision or Activision's licensors. This Program
is protected by the copyright laws of the United States, international copyright
treaties and conventions and other laws. This Program contains certain licensed
materials and Activision's licensors may protect their rights in the event of
any violation of this Agreement.
PROGRAM UTILITIES. This Program contains certain design, programming and
processing utilities, tools, assets and other resources ("Program Utilities")
for use with this Program that allow you to create customized new game levels
and other related game materials for personal use in connection with the Program
("New Game Materials"). The use of the Program Utilities is subject to the
following additional license restrictions:
" You agree that, as a condition to your using the Program Utilities, you will
not use or allow third parties to use the Program Utilities and the New Game
Materials created by you for any commercial purposes, including but not limited
to selling, renting, leasing, licensing, distributing, or otherwise transferring
the ownership of such New Game Materials, whether on a stand alone basis or
packaged in combination with the New Game Materials created by others, through
any and all distribution channels, including, without limitation, retail sales
and on-line electronic distribution. You agree not to solicit, initiate or
encourage any proposal or offer from any person or entity to create any New Game
Materials for commercial distribution. You agree to promptly inform Activision
in writing of any instances of your receipt of any such proposal or offer.
" If you decide to make available the use of the New Game Materials created by
you to other gamers, you agree to do so solely without charge.
" New Game Materials may be created only if such New Game Materials can be used
exclusively in combination with the retail version of the Program. New Game
Materials may not be designed to be used as a stand-alone product.
" New Game Materials must not contain any illegal, obscene or defamatory
materials, materials that infringe rights of privacy and publicity of third
parties or (without appropriate irrevocable licenses granted specifically for
that purpose) any trademarks, copyright-protected works or other properties of
third parties.
" All New Game Materials must contain prominent identification at least in any
on-line description and with reasonable duration on the opening screen: (a) the
name and E-mail address of the New Game Materials' creator(s) and (b) the words
"THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."
WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS
AFFILIATES MAKE NO WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND
SHALL BE BINDING ON OR OBLIGATE ACTIVISION OR ITS AFFILIATES.
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF
ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO
PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT
EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME
STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Activision, this Agreement
will terminate automatically if you fail to comply with its terms and
conditions. In such event, you must destroy all copies of this Program and all
of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been
developed entirely at private expense and are provided as "Commercial Computer
Software" or "restricted computer software." Use, duplication or disclosure by
the U.S. Government or a U.S. Government subcontractor is subject to the
restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is
Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.
INJUNCTION. Because Activision would be irreparably damaged if the terms of this
Agreement were not specifically enforced, you agree that Activision shall be
entitled, without bond, other security or proof of damages, to appropriate
equitable remedies with respect to breaches of this Agreement, in addition to
such other remedies as Activision may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Activision, its partners,
affiliates, licensors, contractors, officers, directors, employees and agents
harmless from all damages, losses and expenses arising directly or indirectly
from your acts and omissions to act in using the Product pursuant to the terms
of this Agreement
MISCELLANEOUS. This Agreement represents the complete agreement concerning this
license between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing executed by
both parties. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent necessary to
make it enforceable and the remaining provisions of this Agreement shall not be
affected. This Agreement shall be construed under California law as such law is
applied to agreements between California residents entered into and to be
performed within California, except as governed by federal law and you consent
to the exclusive jurisdiction of the state and federal courts in Los Angeles,
California.
If you have any questions concerning this license, you may contact Activision at
3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000,
Attn. Business and Legal Affairs, legal@activision.com
Actuate Corporation BIRT iHub F-Type Software License Agreement
IMPORTANT – READ CAREFULLY.
THIS ACTUATE CORPORATION F-TYPE LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE INSTALLATION AND USE OF THE BIRT iHUB F-TYPE SOFTWARE DESCRIBED HEREIN ("SOFTWARE"). YOU WILL BE REQUIRED TO INDICATE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IN ORDER TO COMPLETE THE INSTALLATION PROCESS. IF YOU DO NOT AGREE WITH ANY TERMS OF THIS AGREEMENT, ACTUATE DOES NOT GRANT ANY LICENSE TO THE SOFTWARE AND YOU MAY NOT INSTALL, COPY, UPLOAD, DOWNLOAD OR OTHERWISE MAKE ANY USE OF THE SOFTWARE. BY CLICKING ON THE "YES" OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THIS AGREEMENT, OR INSTALLING THE SOFTWARE, YOU CONSENT TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL TERMS INCORPORATED BY REFERENCE. YOU AGREE THIS AGREEMENT IS EQUIVALENT TO ANY WRITTEN, NEGOTIATED, SIGNED AGREEMENT. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A BUSINESS, GOVERNMENT AGENCY, OR OTHER ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, AND YOUR ASSENT TO THESE TERMS WILL BE TREATED AS THE ASSENT OF THAT ENTITY. IN THIS EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT ENTITY.
1. LICENSE FOR INTERNAL USE. Actuate Corporation ("Actuate") grants You a non-exclusive license for Your internal use of one (1) copy of the accompanying software ("Software") on one (1) stand-alone server or computer. You acknowledge that the Software may be limited in features, functions, or have other limitations not present in other similar Actuate software that is available for license for a fee.
2. RESTRICTIONS. You may not copy or disclose any of the terms of this Agreement. The Software is copyrighted by Actuate. Title to the Software and all rights not specifically granted to you under this Agreement are retained by Actuate and its licensors. Unless enforcement of this term is prohibited by applicable law, you may not modify, decompile, or reverse engineer the Software. Your license does not extend to use in support of any ultra-hazardous activity. No right, title or interest in or to any trademark, service mark, logo or trade name of Actuate or its licensors is granted under this Agreement. You may not transfer, sublicense, or otherwise distribute Software by any electronic or physical method including using the Software as part of any software application (hosted or otherwise) for which You charge customers a fee. The computer on which you install Software may not be connected to any other computer, through a clustered configuration or otherwise, so that they or multiple copies of the Software act as one system or application. With the exception of BIRT Analytics you may not combine installation or use of copies of Software with each other or any software licensed from Actuate or a third party licensor for a fee. You may not use Software for development, test, back-up, or other non-production use in an application where You use commercially licensed Actuate software for production (and vice versa). You agree to re-activate your license to the Software annually on the then current terms provided at http://www.actuate.com/documentation/ihubftype3/license. You agree to only purchase maintenance services, support and professional services from Actuate.
3. DATA LIMITS AND REPORTING. The Software is designed to limit the amount of data and information that it can process in each 24 hour period. The Software will not allow generation or viewing of content the third time You exceed these limits. You acknowledge and agree that the Software reports information about Your use of the Software to Actuate, including but not limited to, the type of operation You initiate, the date and time of that operation and the amount of data processed by the Software in a given time. We will not collect the actual information that You process.
4. THIRD PARTY SOFTWARE COMPONENTS. Software contains components licensed by third-parties ("Third-Party Components"). Additional information and applicable license terms related to Third-Party Components is contained in the actual files for such Third-Party Components and/or in the third party license file accompanying the Software. In the case of any conflict between the license terms related to Third-Party Components and this license agreement, the license terms related to the Third Party Components shall prevail with respect to the relevant Third Party Component and this license shall prevail with respect to the portion of the Software created by Actuate.
5. INDEMNIFICATION. Actuate agrees, to defend or at its option to settle any claim or action brought against You by a third- party, and to indemnify You and Your officers, directors, and employees against all damages and costs finally awarded that are attributable to such claim or action, or the settlement by Actuate thereof, if and to the extent such claim or action is based on actual infringement of the third-party claimant’s United States or Canadian patent, copyright, trade secret or trademark and caused by Your use of the Software in accordance with the rights granted by Actuate under this Agreement. Actuate shall be released from this obligation unless You provide Actuate with (i) prompt written notice of any such claim or action, or possibility thereof, (ii) sole control and authority over the defense or settlement of such claim or action, and (iii) proper and full information and assistance to settle and/or defend any such claim or action. Without limiting this indemnification, if a final injunction is, or Actuate believes in its sole discretion is likely to be, entered prohibiting the use of the Software as contemplated, Actuate will, at its sole option and expense, either (i) procure the right to use the infringing Software as provided herein, (ii) replace the infringing Software with non-infringing,
functionally equivalent product, (iii) suitably modify the infringing Software so that it is not infringing, or if (i), (ii) or (iii) above is not obtainable on commercially reasonable terms, (iv) accept return of the infringing Software. Except as specified above, Actuate will not be liable for any costs or expenses incurred without its prior written authorization. Actuate assumes no liability for infringement claims arising from (i) the combination of the Software with products not provided by Actuate, (ii) any modifications to the Software unless such modification was made by Actuate, or (iii) use of the Software that is not in accordance with its documentation. THIS SECTION 5 STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF ACTUATE, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE SOFTWARE.
6. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ACTUATE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF $1,000, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, (INCLUDING BUT NOT LIMTED TO LOST REVENUE OR PROFIT) HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ACTUATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Term and Termination. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement terminates immediately with or without notice from Actuate if you fail to comply with any provision of this Agreement. Upon termination, You agree to de-install and stop using the Software.
9. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
10. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. Governing Law. Any action related to this Agreement will be governed by California and controlling U.S. federal law and will be heard in a court having jurisdiction over San Mateo, California. No choice of law rules of any jurisdiction will apply.
12. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. Integration. This Agreement is the entire agreement between you and Actuate relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.
Actuate BIRT iHub F-Type – Actuate License Version 2014-12-10
As a special exception, if other files instantiate generics from this
unit, or you link this unit with other files to produce an executable,
this unit does not by itself cause the resulting executable to be
covered by the GNU General Public License. This exception does not
however invalidate any other reasons why the executable file might be
covered by the GNU Public License.
This document may be copied, in whole or in part, in any form or by any means, as is or with alterations, provided that (1) alterations are clearly marked as alterations and (2) this copyright notice is included unmodified in any copy.
ADAPTIVE PUBLIC LICENSE
Version 1.0
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE
("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH
RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another version of an Adaptive Public License should not be relied upon to determine your rights and obligations under this License. You must read the specific Adaptive Public License that you receive with the Licensed Work, as certain terms are defined at the outset by the Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this License to determine the specific adaptive features applicable to this License. For example, without limiting the foregoing, (a) for selected choice of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In the case of the Initial Contributor, the Initial Work distributed under this License by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating from and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the current Designated Web Site the new URL for at least sixty (60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that is not a derivative work of or copied from the Licensed Work or any portion thereof. In addition, a module does not qualify as an Independent Module but instead forms part of the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included by reference in the Licensed Work other than by a function call or a class reference; or (c) must be included or contained, in whole or in part, within a file directory or subdirectory actually containing files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and documentation for the computer program identified in Part 2 of Exhibit A, as such Source Code, object code and documentation is distributed under this License by the Initial Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in each case including portions thereof.
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation, partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work under this License (by way of example, without limiting the foregoing, any Subsequent Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including the source code for all modules and components of the computer program, plus any associated interface definition files, and scripts used to control compilation and installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes to the making of any Subsequent Work and that distributes that Subsequent Work to at least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to and/or additions to:
(a) the Initial Work;
(b) any other Subsequent Work; or
(c) to any combination of the Initial Work and any such other Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor. A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work was a result of efforts by such Subsequent Contributor (or anyone acting on such Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent Work expressly excludes and shall not capture within its meaning any Independent Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a file name "suppfile.txt".
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) Subject to the terms of this License, the Initial Contributor hereby grants
each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an
unmodified basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby
grants each Recipient a world-wide, royalty-free, non-exclusive copyright
license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Subsequent Work of such Subsequent Contributor;
and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) This License does not include or grant any patent license whatsoever from the Initial Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial Work is first distributed or made available under this License (as the case may be), the Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial Work and any other Subsequent Work is made available under the License without any patent license (the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available (as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work distributed by the Initial Contributor which includes the Initial Work (or any portion thereof) and/or any Modification made by the Initial Contributor; available under a License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as the case may be) such future copies under this License.
(c) If any Recipient receives or obtains one or more copies of the Initial Work or any other portion of the Licensed Work under the Patents-Included License, then all licensing of such copies under this License shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-Excluded License for any such copies. However, all Recipients that receive one or more copies of the Initial Work or any other portion of the Licensed Work under a copy of the License which includes the Patents-Excluded License shall have no patent license with respect to such copies received under the Patents-Excluded License and availability and distribution of such copies, including Modifications made by such Recipient to such copies, shall be under a copy of the License without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded License with any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Included License, the combination (and any portion thereof) shall, from the first time such Recipient uses, makes available or distributes the combination (as the case may be), be subject to only the terms of the License having the Patents-Included License which shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A.
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
Recipient understands and agrees that although Initial Contributor and each Subsequent Contributor grants the licenses to its Contributions set forth herein, no representation, warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed Work does not infringe the patent or other intellectual property rights of any other entity. Initial Contributor, Subsequent Contributor, and each Distributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise, in relation to the Licensed Works. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, without limiting the foregoing disclaimers, if a third party patent license is required to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility to acquire that license before distributing the Licensed Work.
2.4. RESERVATION.
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent Contributor, or Distributor except as expressly stated herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent Work(s) available to the public via an Electronic Distribution Mechanism for a period of at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a reasonable time after the creation of the Subsequent Work and no later than sixty (60) days after first distribution of that Subsequent Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with the terms of the License, and must include a copy of this License (including without limitation Exhibit A and the accompanying Supplement File) with each copy of the Licensed Work distributed. In particular, this License must be prominently distributed with the Licensed Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A must be included at the beginning of all Source Code files, and viewable to a user in any executable such that the License Notice is reasonably brought to the attention of any party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any portion thereof, in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the terms of Section 2 of this License, provided the Executable Distribution is made available under and accompanied by a copy of this License, AND provided at least ONE of the following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for the Licensed Work making up the Executable Distribution, and the Source Code must be distributed on the same media as the Executable Distribution or using an Electronic Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer, valid for at least thirty six (36) months, to give any third party under the terms of this License, for a charge no more than the cost of physically performing source distribution, a complete machine-readable copy of the Source Code for the Licensed Work making up the Executable Distribution, to be available and distributed using an Electronic Distribution Mechanism, and such Executable Distribution must remain available in Source Code form to any third party via the Electronic Distribution Mechanism (or any replacement Electronic Distribution Mechanism the particular Distributor may reasonably need to turn to as a substitute) for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed Work or portion thereof distributed to any third party in Executable form, whether such distribution is made alone, in combination with a Larger Work or Independent Modules, or in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof, available to any Person in Source Code form, it must be made available under this License and a copy of this License must be included with each copy of the Source Code, situated so that the copy of the License is conspicuously brought to the attention of that Person. For greater clarification, this Section 3.3 applies to all distribution of the Licensed Work in any Source Code form. A Distributor may charge a fee for the physical act of transferring a copy, which charge shall be no more than the cost of physically performing source distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is included in each file of the Source Code for each Subsequent Work originating from that particular Subsequent Contributor, if such notice is not already included in each such file. If it is not possible to put such notice in a particular Source Code file due to its structure, then the Subsequent Contributor must include such notice in a location (such as a relevant directory in which the file is stored) where a user would be likely to look for such a notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own corporation or organization use the Licensed Work, including the Initial Work and Subsequent Works, and make Modifications for internal use within Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The Recipient shall have no obligation to distribute, in either Source Code or Executable form, any such Internal Use Modifications made by Recipient in the course of such internal use, except where required below in this Section 3.5. All Internal Use Modifications distributed to any Person, whether or not a Third Party, shall be distributed pursuant to and be accompanied by the terms of this License. If the Recipient chooses to distribute any such Internal Use Modifications to any Third Party, then the Recipient shall be deemed a Subsequent Contributor, and any such Internal Use Modifications distributed to any Third Party shall be deemed a Subsequent Work originating from that Subsequent Contributor, and shall from the first such instance become part of the Licensed Work that must thereafter be distributed and made available to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial Contributor, Subsequent Contributor, Distributor or any Recipient, and such Independent Modules may be licensed or made available under one or more separate license agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger Work by combining any of the Licensed Work with other code not governed by the terms of this License, and may distribute the Larger Work as one or more products. However, in any such case, Distributor or Recipient (as the case may be) must make sure that the requirements of this License are fulfilled for the Licensed Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes, in accordance with the requirements of Part 1 of the Supplement File, that such Subsequent Contributor made in the creation or contribution to that Subsequent Work. If no Supplement File exists or no requirements are set out in Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors to document changes that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add to or change earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising Part 1 of each copy of the Supplement File distributed by the Initial Contributor with future copies of the Licensed Work so that Part 1 then contains new requirements (the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having the Earlier Description Requirements may choose, with respect to each such Earlier Licensed Copy, to comply with the Earlier Description Requirements or the New Description Requirements. Where a Recipient chooses to comply with the New Description Requirements, that Recipient will, when thereafter distributing any copies of any such Earlier Licensed Copy, include a Supplement File having a section entitled Part 1 that contains a copy of the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a mechanism (if any) by which Subsequent Contributors must document changes that they make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement File shall not be used to increase or reduce the scope of the license granted in Article 2 of this License or in any other way increase or decrease the rights and obligations of any Recipient, and shall at no time serve as the basis for terminating the License. Further, a Recipient can be required to correct and change its documentation procedures to comply with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any Supplement File is only binding on each Recipient of any Licensed Work to the extent Part 1 sets out the requirements for documenting changes to the Initial Work or any Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs of this Section 3.8) those are the requirements that the Initial Contributor includes in Part 1 of the Supplement File with the copies of the Initial Work distributed under this License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor to endorse or promote the Licensed Work or products derived from the Licensed Work, without prior written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional value may help justify the time, money and effort invested in writing the Initial Work, the Initial Contributor may include in Part 2 of the Supplement File a requirement that each time an executable program resulting from the Initial Work or any Subsequent Work, or a program dependent thereon, is launched or run, a prominent display of the Initial Contributor's attribution information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information must be included at the beginning of each Source Code file. For greater certainty, the Initial Contributor may specify in the Supplement File that the above attribution requirement only applies to an executable program resulting from the Initial Work or any Subsequent Work, but not a program dependent thereon. The intent is to provide for reasonably modest attribution, therefore the Initial Contributor may not require Recipients to display, at any time, more than the following Attribution Information: (a) a copyright notice including the name of the Initial Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or graphic provided with the Initial Work; and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the Supplement File, then there are no requirements for Recipients to display any Attribution Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names contained within Part 2 of the Supplement File distributed with the Licensed Work are the exclusive property of the Initial Contributor and may only be used with the permission of the Initial Contributor, or under circumstances otherwise permitted by law, or as expressly set out in this License.
3.11. For greater certainty, any description or attribution provisions contained within a Supplement File may only be used to specify the nature of the description or attribution requirements, as the case may be. Any provision in a Supplement File that otherwise purports to modify, vary, nullify or amend any right, obligation or representation contained herein shall be deemed void to that extent, and shall be of no force or effect.
4. COMMERCIAL USE AND INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to one or more other Recipients or Distributors. However, such Commercial Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf of any other Distributor or Recipient, and Commercial Recipient must make it clear than any such warranty, support, indemnity or liability obligation(s) is/are offered by Commercial Recipient alone. At no time may Commercial Recipient use any Services to deny any party the Licensed Work in Source Code or Executable form when so required under any of the other terms of this License. For greater certainty, this Section 4.1 does not diminish any of the other terms of this License, including without limitation the obligation of the Commercial Recipient as a Distributor, when distributing any of the Licensed Work in Source Code or Executable form, to make such distribution royalty-free (subject to the right to charge a fee of no more than the cost of physically performing Source Code or Executable distribution (as the case may be)).
4.2. INDEMNITY.
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this License is intended to facilitate the commercial use of the Licensed Work, the Distributor who includes any of the Licensed Work in a commercial product offering should do so in a manner which does not create potential liability for other Distributors. Therefore, if a Distributor includes the Licensed Work in a commercial product offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages and costs (collectively "LOSSES") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of any of the Licensed Work in a commercial product offering or in connection with any Services. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in writing of such claim; and (b) allow the Commercial Distributor to control, and co-operate with the Commercial Distributor in, the defense and any related settlement negotiations. The Indemnified Party may participate in any such claim at its own expense.
5. VERSIONS OF THE LICENSE.
5.1. NEW VERSIONS.
The Initial Contributor may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
5.2. EFFECT OF NEW VERSIONS.
Once the Licensed Work or any portion thereof has been published by Initial Contributor under a particular version of the License, Recipient may choose to continue to use it under the terms of that version. However, if a Recipient chooses to use the Licensed Work under the terms of any subsequent version of the License published by the Initial Contributor, then from the date of making this choice, the Recipient must comply with the terms of that subsequent version with respect to all further reproduction, preparation of derivative works, public display of, public performance of, distribution and sublicensing by the Recipient in connection with the Licensed Work. No one other than the Initial Contributor has the right to modify the terms applicable to the Licensed Work
6. DISCLAIMER OF WARRANTY.
6.1. GENERAL DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
6.2. RESPONSIBILITY OF RECIPIENTS.
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Licensed Work and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
7. TERMINATION.
7.1. This License shall continue until terminated in accordance with the express terms herein.
7.2. Recipient may choose to terminate this License automatically at any time.
7.3. This License, including without limitation the rights granted hereunder to a particular Recipient, will terminate automatically if such Recipient is in material breach of any of the terms of this License and fails to cure such breach within sixty (60) days of becoming aware of the breach. Without limiting the foregoing, any material breach by such Recipient of any term of any other License under which such Recipient is granted any rights to the Licensed Work shall constitute a material breach of this License.
7.4. Upon termination of this License by or with respect to a particular Recipient for any reason, all rights granted hereunder and under any other License to that Recipient shall terminate. However, all sublicenses to the Licensed Work which were previously properly granted by such Recipient under a copy of this License (in each case, an "Other License" and in plural, "Other Licenses") shall survive any such termination of this License, including without limitation the rights and obligations under such Other Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective sublicensees (i.e. other Recipients) remain in compliance with the terms of the copy of this License under which such sublicensees received rights to the Licensed Work. Any termination of such Other Licenses shall be pursuant to their respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
7.5. Upon any termination of this License by or with respect to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this License necessary for the interpretation and enforcement of same, shall expressly survive such termination.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
9. GOVERNING LAW AND LEGAL ACTION.
9.1. This License shall be governed by and construed in accordance with the laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of law provisions. No party may bring a legal action under this License more than one year after the cause of the action arose. Each party waives its rights (if any) to a jury trial in any litigation arising under this License. Note that if the Governing Jurisdiction is not assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive jurisdiction, to entertain and determine all disputes and claims, whether for specific performance, injunction, damages or otherwise, both at law and in equity, arising out of or in any way relating to this License, including without limitation, the legality, validity, existence and enforceability of this License. Each party to this License hereby irrevocably attorns to and accepts the jurisdiction of the courts of the Governing Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action or proceeding brought by any party against another under this License the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. The obligations imposed by this License are for the benefit of the Initial Contributor and any Recipient, and each Recipient acknowledges and agrees that the Initial Contributor and/or any other Recipient may enforce the terms and conditions of this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter hereof, and supersedes and cancels all previous oral and written communications, representations, agreements and understandings between the parties with respect to the subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed simply according to its fair meaning, and not strictly for or against any of the parties hereto. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
10.5. If any provision of this License is invalid or unenforceable under the laws of the Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
10.6. The paragraph headings of this License are for reference and convenience only and are not a part of this License, and they shall have no effect upon the construction or interpretation of any part hereof.
10.7. Each of the terms "including", "include" and "includes", when used in this License, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required that this
License and notices relating thereto be drafted in the English language.
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
EXHIBIT A (to the Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE
The Initial Contributor is:
[Enter full name of Initial Contributor]
Address of Initial Contributor:
[Enter address above]
The Designated Web Site is:
[Enter URL for Designated Web Site of Initial Contributor]
NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.
PART 2: INITIAL WORK
The Initial Work comprises the computer program(s) distributed by the Initial Contributor having the following title(s): .
The date on which the Initial Work was first available under this License:
PART 3: GOVERNING JURISDICTION
For the purposes of this License, the Governing Jurisdiction is .
[Initial Contributor to Enter Governing Jurisdiction here]
PART 4: THIRD PARTIES
For the purposes of this License, "Third Party" has the definition set forth below in the ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E when the Initial Work is distributed or otherwise made available by the Initial Contributor. To select one of the following paragraphs, the Initial Contributor must place an "X" or "x" in the selection box alongside the one respective paragraph selected.
SELECTION
BOX PARAGRAPH
[ ] A. "THIRD PARTY" means any third party.
[ ] B. "THIRD PARTY" means any third party except for any of the following:
(a) a wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the "PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
[ ] C. "THIRD PARTY" means any third party except for any of the following:
(a) any Person directly or indirectly owning a majority of the voting interest in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly or indirectly owns a majority voting interest.
[ ] D. "THIRD PARTY" means any third party except for any Person directly
or indirectly controlled by the Subsequent Contributor. For purposes of this
definition, "control" shall mean the power to direct or cause the direction
of, the management and policies of such Person whether through the ownership
of voting interests, by contract, or otherwise.
[ ] E. "THIRD PARTY" means any third party except for any Person directly or indirectly controlling, controlled by, or under common control with the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.
The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected by the Initial Contributor.
PART 5: NOTICE
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: [Insert the name of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: [Insert Initial Contributor's Designated Web Site here]
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
PART 6: PATENT LICENSING TERMS
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A are only incorporated and form part of the terms of the License if the Initial Contributor places an "X" or "x" in the selection box alongside the YES answer to the question immediately below.
Is this a Patents-Included License pursuant to Section 2.2 of the License?
YES [ ]
NO [ ]
By default, if YES is not selected by the Initial Contributor, the answer is NO.
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights granted herein.
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by the Initial Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of such Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial Contributor deletes from the Initial Work (or any portion thereof) distributed by the Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work (or portions thereof) distributed or made available by the Initial Contributor.
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Subsequent Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Modifications made by that Subsequent Contributor alone and/or in combination with its Subsequent Work (or portions of such combination) to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
(2) the combination of Modifications made by that Subsequent Contributor with its Subsequent Work (or portions of such combination);
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes from the Subsequent Contributor Version (or any portion thereof) distributed by the Subsequent Contributor prior to such distribution; (2) for any Modifications made to the Subsequent Contributor Version (or any portion thereof) by any other Person; or (3) separate from the Subsequent Contributor Version (or portions thereof) distributed or made available by the Subsequent Contributor.
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Distributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of such Licensed Work or portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing, no patent license is granted under this Paragraph D by such Distributor: (1) for any code that such Distributor deletes from the Distributor Version (or any portion thereof) distributed by the Distributor prior to such distribution; (2) for any Modifications made to the Distributor Version (or any portion thereof) by any other Person; or (3) separate from the Distributor Version (or portions thereof) distributed or made available by the Distributor.
E. If Recipient institutes patent litigation against another Recipient (a "USER") with respect to a patent applicable to a computer program or software (including a cross-claim or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a system, method, process, apparatus, device, product, article of manufacture or any other form of patent claim), then any patent or copyright license granted by that User to such Recipient under this License or any other copy of this License shall terminate. The termination shall be effective ninety (90) days after notice of termination from User to Recipient, unless the Recipient withdraws the patent litigation claim before the end of the ninety (90) day period. To be effective, any such notice of license termination must include a specific list of applicable patents and/or a copy of the copyrighted work of User that User alleges will be infringed by Recipient upon License termination. License termination is only effective with respect to patents and/or copyrights for which proper notice has been given.
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes such Subsequent Contributor made to create that Subsequent Work and the date of any change. //***EXHIBIT A ENDS HERE.***//
ADAPTEC, INC. DOWNLOADABLE SOFTWARE LICENSE
Directions to Obtain Your File: Please read the downloadable software license and answer the required question below.
Eligible users will then have access to the requested file. Adaptec reserves the right to record all activities.
THE ADAPTEC SOFTWARE ("SOFTWARE") IS LICENSED TO YOU FOR USE IN ACCORDANCE WITH THIS ADAPTEC SOFTWARE LICENSE. IF YOU ARE NOT WILLING TO ABIDE BY THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE GIVING YOUR ASSENT TO THE TERMS OF THIS LICENSE.
1. LICENSE. Adaptec grants to you a non-exclusive, non-transferable, worldwide license to copy the Software in object code form only, combine it with your software and distribute it, directly to customers, or through your distribution network. You shall have no right to grant any license or sublicense to any third party, to use the Software for any purpose, except a sublicense to use and distribute the copy produced and distributed by you. You shall have no right to modify all or any part of the Software. You shall not disassemble, decompile or otherwise reverse engineer the Software nor permit any third party to do so. All rights not expressly granted herein are reserved by Adaptec.
2. PROPRIETARY OWNERSHIP RIGHTS. Adaptec shall retain all ownership, right, title and interest in and to all current and hereafter existing revisions of or modifications to the Software, including all copies made hereunder and all intellectual property rights related thereto. All copies of the Software made by you shall contain Adaptec's copyright notice and you shall not remove any copyright notices contained in the Software.
3. WARRANTY EXCLUSION. THE SOFTWARE IS PROVIDED "AS IS". ADAPTEC MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE. ADAPTEC EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING IN LAW, CUSTOM, CONDUCT OR OTHERWISE.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING UNDER THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANY DAMAGES ATTRIBUTABLE TO ADAPTEC EXCEED THE AMOUNT OF PAYMENTS MADE TO ADAPTEC UNDER THIS AGREEMENT.
5. TERMINATION OF THIS AGREEMENT. Adaptec may terminate this Agreement if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Adaptec.
6. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California, USA, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods.
7. AMENDMENT, SEVERABILITY, WAIVER. No supplement or amendment of this Agreement shall be binding, unless executed in writing by both parties and specifically referencing the supplementing or amendment of this Agreement. Any provision of this Agreement found to be illegal or unenforceable shall be deemed severed, and the balance of this Agreement shall remain in full force and effect. Neither party's right to require performance of the other party's obligations hereunder shall be affected by any previous waiver, forbearance or course of dealing, unless or only to the extent of any waiver given in writing. Failure or delay by either party to exercise any of its rights, powers or remedies hereunder shall not constitute a waiver of those rights, powers or remedies.
8. EXPORT COMPLIANCE. Each party agrees that the Software is subject to the U.S. Export Administration Act and Export Administration Regulations, as well as applicable import and export regulations of the countries in which each party transacts business. Each party shall comply with such laws and regulations, as well as all other laws and regulations applicable to the Software. Each party agrees that it will not export, re-export, transfer or divert any of the Software to any country for which United States' laws or regulations require an export license or other governmental approval, without first obtaining such license or approval, nor will each party export, re-export, transfer or divert any of the Software to any restricted place or party in accordance with U.S. export regulations.
9. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et. seq. or their successors. Us of the Software by the Government constitutes acknowledgment of Adaptec's proprietary right therein.
Adaptec, Inc., 691 South Milpitas Boulevard, Milpitas, California 95035
* Bureau of Industry and Security's Lists to Check
If you have any questions concerning this License, contact:
Adaptec, Inc.
Legal Department
691 South Milpitas Boulevard
Milpitas, California 95035.
t.(408) 957-1718
f.(408) 957-7137
PMC-Sierra Inc.
Adaptec by PMC Downloadable Files:
This License is granted by PMC-Sierra, Inc., referred to in this License as
"PMC-Sierra" or "ADAPTEC Inc" or "ADAPTEC" or "we" or "us." PMC-Sierra reserves
the right to record all activities and to use any information obtained in
accordance with the privacy policy which you can access below.
Directions to Obtain Your File:
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE EXPORT
COMPLIANCE REQUIREMENTS SET OUT BELOW. YOU MUST ANSWER THE REQUIRED QUESTION
TRUTHFULLY TO LET US KNOW WHETHER YOU HAVE READ AND UNDERSTOOD THE TERMS AND
CONDITIONS AND EXPORT COMPLIANCE REQUIREMENTS AND WHETHER YOU AGREE TO COMPLY.
YOU MUST CLICK A FURTHER BUTTON TO CONFIRM YOUR ANSWER AND IF YOU ANSWER IN THE
AFFIRMATIVE, A BINDING LICENSE AGREEMENT ("LICENSE") WILL BE CONCLUDED BETWEEN
US. YOU MAY THEN PROCEED TO DOWNLOAD THE SOFTWARE.
IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND EXPORT COMPLIANCE
REQUIREMENTS THEN DO NOT DOWNLOAD THE SOFTWARE. IF YOU WISH TO CANCEL THIS
LICENSE AT ANY TIME YOU MAY DO SO BY DESTROYING ALL COPIES AND PARTIAL COPIES OF
THE SOFTWARE WHICH YOU HAVE DOWNLOADED.
YOU ALSO AGREE THAT YOU HAVE ALL NECESSARY INFORMATION IN ORDER TO ENTER INTO
THIS LICENSE WHETHER UNDER AN APPLICABLE EUROPEAN E-COMMERCE DIRECTIVE OR
OTHERWISE. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO
NOT DOWNLOAD ANY FILES.
Please retain a copy of the License for your files or you may contact ADAPTEC's
Legal Department at the address listed below for a further copy. This license
may be concluded in English or the language in which it is drafted by ADAPTEC
and appears to you online, as applicable. If you are a consumer residing in
Europe (a "European Consumer") then this License shall not affect your statutory
rights under the local laws in Europe.
This License grants you a non-exclusive license to use the ADAPTEC Software and
related documentation ("Software") on the following terms, conditions, and
export compliance requirements:
If you are NOT an individual consumer residing in Europe then the following
terms, conditions and export compliance requirements apply and are a part of
your license: ALL SECTIONS EXCEPT AS SPECIFIED HEREIN.
If you are an individual consumer residing in Europe ("European Consumer") then
the following terms, conditions and export compliance requirements apply and are
made part of your License: 1, 2, 3, 4, applicable parts of 6, 7, 9 and the first
paragraph of export compliance. IF YOU ARE A EUROPEAN CONSUMER THIS LICENSE
SHALL NOT AFFECT YOUR RIGHTS UNDER THE STATUTORY LAWS OF EUROPE.
Your right to use the Software. You may use the Software in machine readable
form (i.e. the form you download from us) within a single working location.
You may copy the Software in the same form solely for back-up purposes or
use within a single working location. You must reproduce ADAPTEC's copyright
notice and proprietary legends. These requirements apply to European
Consumers.
Restrictions. This Software contains trade secrets and in order to protect
them you may not: (1) distribute copies of the Software in any manner,
including, but not limited to, distribution through web site posting; (2)
decompile, reverse engineer, disassemble, or otherwise reduce the Software
to a human perceivable form; (3) MODIFY, ADAPT OR TRANSLATE THE SOFTWARE
INTO ANY OTHER FORM; (4) RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART OF IT. These
requirements apply to European Consumers.
Ownership. The Software is copyrighted by, proprietary to and a trade secret
of ADAPTEC. ADAPTEC retains the title, ownership and intellectual property
rights in and to the Software and all subsequent copies regardless of the
form or media. The Software is protected by the copyright laws of the United
States, the European Union, and international copyright treaties. This
License is not a sale of the Software. These terms apply to European
consumers.
Termination. This License is effective until terminated. This License will
terminate automatically without notice if you fail to comply with any of the
provisions. Upon termination you shall destroy all copies of the Software
including any partial copies. This provision applies to European Consumers.
Disclaimer of Warranty. IF YOU ARE A EUROPEAN CONSUMER THEN THIS SECTION 5
DOES NOT APPLY TO YOU AND DOES NOT FORM PART OF YOUR LICENSE WITH US.
PROCEED TO SECTION 6. THE SOFTWARE IS LICENSED TO YOU "AS IS." YOU ACCEPT
ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR
SOFTWARE. ADAPTEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
DISCLAIMS ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES' RIGHTS,
WARRANTIES OF SATISFACTORY QUALITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the exclusion of implied warranties or limitations
of how long an implied warranty may last, so the above exclusion may not
apply to you. You may also have other rights which vary from state to state.
Limitation of Liability. FOR EUROPEAN CONSUMERS: WE WILL NOT BE LIABLE TO
YOU WHERE YOU SUFFER LOSS WHICH WAS NOT FORESEEABLE TO YOU AND TO US WHEN
YOU DOWNLOADED THE SOFTWARE (EVEN IF IT RESULTS FROM OUR FAILURE TO COMPLY
WITH THIS LICENSE OR OUR NEGLIGENCE); WHERE YOU SUFFER ANY BUSINESS LOSS
INCLUDING LOSS OF REVENUE, PROFITS OR ANTICIPATED SAVINGS (WHETHER THOSE
LOSSES ARE THE DIRECT OR INDIRECT RESULT OF OUR DEFAULT); OR WHERE YOUR LOSS
DOES NOT RESULT FROM OUR FAILURE TO COMPLY WITH THIS LICENSE OR OUR
NEGLIGENCE. THE SOFTWARE HAS BEEN MADE AVAILABLE TO YOU FREE OF CHARGE. YOU
MAY AT ANY TIME DOWNLOAD A FURTHER COPY OF THE SOFTWARE FREE OF CHARGE TO
REPLACE YOUR ORIGINAL COPY OF THE SOFTWARE (CONSEQUENTLY, WE AND OUR
SUPPLIERS WILL ONLY BE LIABLE TO YOU UP TO A MAXIMUM TOTAL LIMIT OF TWO
THOUSAND DOLLARS U.S. OR ITS EURO EQUIVALENT AT THE TIME A CLAIM IS MADE).
OUR MAXIMUM FINANCIAL RESPONSIBILITY TO YOU AND THAT OF OUR SUPPLIERS WILL
NOT EXCEED THIS LIMIT EVEN IF THE ACTUAL LOSS YOU SUFFER IS MORE THAN THAT.
HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR
FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR
ANY FRAUDULENT MISREPRESENTATION.
ALL OTHERS DOWNLOADING THE SOFTWARE: THE SOFTWARE IS PROVIDED FREE OF
CHARGE TO YOU, THEREFORE UNDER NO CIRCUMSTANCES EXCEPT AS DESCRIBED HEREIN
AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL ADAPTEC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY ECONOMIC LOSS (INCLUDING LOSS OF PROFIT) OR FOR ANY
LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED
SAVINGS (IN EACH CASE WHETHER DIRECT OR INDIRECT) OR FOR ANY OTHER DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
EVEN IF ADAPTEC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOWEVER, NOTHING IN THIS LICENSE SHALL RESTRICT ANY PARTY'S LIABILITY FOR
FRAUD, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR
ANY FRAUDULENT MISREPRESENTATION. Export. By downloading, you acknowledge
that the laws and regulations of the United States and relevant countries
within the European Union, restrict the export and re-export of the
Software. Further, you agree that you will not export or re-export the
Software or media in any form without the appropriate United States and
foreign government approval. If you are a European Consumer you must not
export Software outside the country in which you download it without our
prior written permission. (See below for details on Export Compliance
Requirements.) U.S. Government Restricted Rights. IF YOU ARE A EUROPEAN
CONSUMER THEN THIS CLAUSE WILL NOT APPLY TO YOU AND DOES NOT FORM PART OF
YOUR LICENSE AGREEMENT WITH US. PLEASE PROCEED TO SECTION 9. If the Software
is acquired under the terms of a United States GSA contract, use,
reproduction or disclosure is subject to the restrictions set forth in the
applicable ADP Schedule contract. If the Software is acquired under the
terms of a DoD or civilian agency contract, use, duplication or disclosure
by the Government is subject to the restrictions of this License in
accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and
its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and its
successors. (See below for details on Export Compliance Requirements.)
General. California residents entered into and to be performed within
California, except as governed by Federal law. Should any provision of this
License be declared unenforceable in any jurisdiction, then such provision
shall be deemed to be severable from this License and shall not affect the
remainder hereof. All rights in the Software not specifically granted in
this License are reserved by Adaptec.
EXPORT COMPLIANCE REQUIREMENTS
Export of any information from the Adaptec web site (including Confidential
Information obtained through Adaptec Access) outside of the United States is
subject to all U.S. export control laws. You will abide by such laws and also to
the provision of the U.S. Export-Re-export Requirements and Enhanced
Proliferation Control Initiative set forth here. You and your organization will
not sell, license, or otherwise provide or ship Adaptec products or technical
data (or the direct product thereof) for export or re-export to the embargoed or
restricted* countries listed below:
Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*,
Sudan, and Syria*
You agree not to transfer, export or re-export Adaptec products, technology or
software to your customers or any intermediate entity in the chain of supply if
our products will be used in the design, development, production, stockpiling or
use of missiles, chemical or biological weapons or for nuclear end uses without
obtaining prior authorization from the U.S. Government.
You also agree that unless you receive prior authorization from the U.S.
Department of Commerce, you shall not transfer, export or re-export, directly or
indirectly, any Adaptec technology or software (or the direct product of such
technology or software or any part thereof, or any process or service which is
the direct product of such technology or software) to any Sanctioned and/or
Embargoed entity listed on:
Bureau of Industry and Security's Lists to Check
If you have any questions concerning this License, contact:
PMC-Sierra, Inc.
Legal Department
1380 Bordeaux Drive
Sunnyvale, CA 94089
Phone: (408) 239-8000
Terms of Service for Publishers
AdColony publishing and monetization partners must sign, acknowledge, and agree
to their own terms of service document within the AdColony portal. The version
below is for general reference purposes and does not serve as a legal or binding
agreement with any entity.
Additional agreements and terms of service may be required on a per client basis
to comply with regulatory needs. Contact support@adcolony.com for more details.
SDK License and Publisher Terms
These AdColony SDK License and Publisher Terms (this “Agreement”) is made
available by AdColony, Inc. (“AdColony”). By downloading or using the AdColony
SDK, you and any company, entity, or organization on behalf of which you are
accepting this Agreement (“Developer”) hereby agrees to be bound by all terms
and conditions of this Agreement, and you represent and warrant that you are an
authorized representative of Developer with the authority to bind Developer to
this Agreement. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT DOWNLOAD OR USE THE ADCOLONY SDK.
1. Definitions
1. “Advertisers” means third-party advertisers.
2. “Developer Apps” means the mobile applications owned and/or controlled by
Developer, including all content images, music and text contained therein,
that Developer wishes to use with the AdColony SDK and AdColony Platform.
3. “I/O” means a fully executed insertion order containing advertising
campaign details for user acquisitions and campaigns run by Developer on
AdColony’s Platform.
4. “AdColony Ads” means video, playable, display, or any type of media
advertisements, sourced by or on behalf of AdColony, which are routed and/or
served by the AdColony Platform to the Developer Apps.
5. “AdColony Platform” means AdColony’s advertising system or network, which
supports advertisement insertion within mobile applications, and related
advertisement reporting tools.
6. “AdColony SDK” means the software development kit and any other software
and documentation that may be provided by AdColony to Developer with the
software development kit, including any updates thereto.
7. “Personally Identifiable Information” or “PII” means information that
specifically identifies or locates a particular person or entity such as
name, postal address, telephone number, and email address.
8. “Pseudonymous Identifiers” means data that is linked or reasonably
linkable to a particular computer or device resettable device identifiers
such as Google Advertising ID, Apple Identifier for Advertisers, IP address,
or other similar identifiers. Pseudoymous Identifiers may not be utilized to
identify a particular person.
2. AdColony SDK License
1. License Grant. Subject to the terms and conditions of this Agreement,
AdColony grants Developer a non-exclusive, non-transferable, non-
sublicenseable, worldwide license to: (a) integrate the AdColony SDK with
Developer Apps solely for internal use; (b) use, reproduce and distribute
certain portions of the AdColony SDK as required for Developer’s
distribution of Developer Apps, solely as enabled by, and in accordance with
documentation provided by AdColony; and (c) use the AdColony SDK and
AdColony Platform to have advertisements, including AdColony Ads,
distributed and presented within Developer Apps.
2. SDK Updates. AdColony periodically releases new versions of the AdColony
SDK which may contain new features and fixes, and AdColony may sunset
versions of the AdColony SDK. Developer is encouraged to check the AdColony
website (or AdColony-designated distribution site) from time to time for the
latest version releases, and to download and integrate such new versions
within the Developer Apps, subject to this Agreement (including any
amendments).
C. License Restrictions. Except as expressly provided in this Agreement,
Developer shall not (and shall not allow any third party to): (a) decompile,
reverse engineer, disassemble, modify, adapt, create derivative works of,
copy or distribute the AdColony SDK or AdColony Platform, (b) modify,
remove, or obscure any copyright, trademark, patent or other proprietary
notices or legends from the AdColony SDK or AdColony Platform; (c) copy,
distribute, rent, lease, lend, sublicense, transfer or make the AdColony SDK
or AdColony Platform available to any third party, and (d) use the AdColony
SDK or AdColony Platform to develop, upload, or transmit any software
viruses or other computer code, files or programs designed to interrupt,
destroy, or limit the functionality of any software or hardware.
3. Intellectual Property. All ownership rights, title, and interest in and
to the AdColony SDK and AdColony Platform, including all intellectual
property rights therein, as such may be modified, upgraded, or enhanced from
time to time (“AdColony Property”) will remain and belong exclusively to
AdColony. AdColony reserves all rights not expressly granted to Developer
herein. Developer shall retain all ownership rights, title and interest in
and to the Developer Apps, including all intellectual property rights
therein, as such may be modified, upgraded or enhanced from time to time.
4. Advertising via The AdColony Platform
1. AdColony Insertion & Sale of Ads. Developer hereby grants AdColony
the right to sell, and have sold, advertisement inventory in the
Developer Apps, and to insert AdColony Ads within such inventory. In
addition, Developer hereby grants AdColony the non-exclusive, worldwide
right and license to use, reproduce, distribute and display Developer’s
and the Developer Apps’ trademarks, logos, and images of the Developer
Apps, in connection with the sale of AdColony Ads hereunder, including:
(a) listing the Developer Apps and inventory in pitch materials to
prospective Advertisers; (b) reporting the inclusion of Developer Apps
and inventory as part of AdColony’s advertising network; and (c)
identifying the Developer as a publishing partner on AdColony’s website
and other marketing materials. AdColony also reserves the right to
utilize publisher results (both specific and aggregate) in case studies
and white papers for promotional purposes.
2. Developer Ad Campaigns. For user acquisitions and other campaigns run
by Developer on the AdColony Platform, Developer shall provide AdColony
with a signed I/O. The terms of the I/O, including the Interactive
Advertising Bureau terms and conditions incorporated into the I/O (the
“IAB Terms”) shall govern such advertising campaigns. In the event of
any conflict between the I/O and such IAB Terms, the I/O shall govern
and control with respect to such campaign.
3. Developer Apps Content Policy. The Developer Apps will not contain,
consist of, or promote discrimination, illegal activities, hate speech,
defamation, graphic violence, firearms, tobacco, illegal drugs,
pornography, profanity, obscenity or sexually explicit material
(“Developer Apps Content Policy”). Developer will notify AdColony
immediately of any Developer Apps relating to alcohol or gambling or
that are child-directed as defined under COPPA. Developer agrees that
AdColony has no responsibility for the Developer Apps, including any
content therein, and AdColony has no obligation or ability to monitor or
edit the Developer Apps. Developer will provide as much advance written
notice as reasonably practicable, but in no event less than fifteen (15)
days’ notice, regarding any material changes to the nature or design of
any Developer App, including without limitation, changes to the
placement of AdColony Ad inventory, any action that will increase or
reduce expected AdColony Ad inventory within the Developer Apps, the
type of content contained within the Developer Apps, or the target
audience of the Developer Apps.
4. Ad Restrictions. Developer may not, and may not authorize or encourage
any third party to: (a) generate fraudulent impressions of, or fraudulent
clicks on any AdColony Ads, including through repeated manual clicks, the
use of robots or other automated tools or any other method that may lead to
artificially high numbers of impressions, clicks, downloads, installs, app-
opens, installed app user activity; or (b) edit, modify, filter, or change
the order of the information contained in any AdColony Ad, or remove,
obscure or minimize any AdColony Ad in any way. Developer shall promptly
notify AdColony if it suspects that any third party may be tampering with,
abusing or manipulating the AdColony Platform or the AdColony Ads within the
Developer App. AdColony may suspend Developer’s use of the AdColony Platform
and/or terminate this Agreement immediately should Developer violate the
foregoing provisions of this Section as determined by AdColony’s sole
discretion upon evaluating its fraud detection and reporting systems, and
Developer shall not be entitled to any revenue associated with the
applicable campaign(s).
5. Data & Privacy
1. Collection of Data. Developer acknowledges and agrees that
Pseudonymous Identifiers may be used in connection with the performance
of this Agreement in order to collect and use data from end users and
their devices (“App Data”) in connection with advertisement performance,
targeting, and end user interests (“Performance Data”), and to display
AdColony Ads to end users. Developer agrees that in connection with
AdColony Ads, AdColony may access or call to the Developer Apps, or the
servers that make them available, and cause the routing, transmission,
reproduction, and presentation of AdColony Ads as contemplated herein.
Additionally, Developer agrees that AdColony may collect App Data and
Performance Data, including Pseudonymous Identifiers , usage data, and
streaming data, with regard to the Developer Apps (and included content)
within which AdColony Ads are routed and/or served and (i) disclose such
information to third parties (including Advertisers and attribution
partners) as reasonably necessary in connection with the operation of
the AdColony Platform, (ii) disclose such data if required by any court
order, process, law or governmental agency; (iii) disclose such data
generally when it is aggregated, such that the specific information
relating to Developer is not identified as such; and (iv) use such
information for AdColony’s internal business purposes, including to
develop and improve the AdColony SDK and AdColony Platform. AdColony
will collect and use the data in accordance with the Digital Advertising
Alliance Self-Regulatory Principles (“DAA Codes”), which are available
at http://www.aboutads.info/principles and AdColony Privacy Policy,
which is available at https://www.adcolony.com/privacy-policy/ (as
updated from time to time) and is hereby incorporated by reference.
2. Compliance with Laws. Developer agrees to comply with all Privacy
Requirements (as defined below), including conspicuously posting a
privacy policy that accurately describes the Developer’s and third
parties’ collection, use, and disclosure of end user data from the
Developer Apps, which include disclosure that third parties may collect
or receive information and use that information to provide measurement
services and targeted ads, and disclosure of how and where users can
opt-out of collection and use of information for ad targeting. Developer
will not pass any PII to AdColony unless expressly permitted in writing,
and as permitted under any Privacy Requirements. Developer represents
and warrants that any data Developer provides to AdColony regarding
devices, location, or users, and the ability for AdColony to collect the
App Data and Performance Data, is permitted and provided in compliance
with all Privacy Requirements including Developer’s posted privacy
policy. Developer further represents and warrants that it has made any
and all disclosures and obtained any and all consents or permissions
required by law with respect to Developer’s privacy practices, including
without limitation: (a) any end user data Developer collects, uses,
and/or discloses, (b) the use and disclosure of App Data and Performance
Data to AdColony via the AdColony SDK and AdColony Platform, and (c)
notice and parental consent required by the Children’s Online Privacy
Protection Act (“COPPA”). AdColony reserves the right to modify,
suspend, or terminate this Agreement should Developer violate this
Section, and/or to remain compliant with law.
C. “Privacy Requirements” means all (i) applicable laws (including
COPPA), governmental regulations, court or government agency orders, and
decrees relating in any manner to the collection, use, or dissemination
of information from or about users, user traffic, or otherwise relating
to privacy rights; (ii) the DAA Codes; and (iii) Developer’s posted
privacy policy.
6. Developer Payments
1. Developer Payment. Subject to the terms and conditions of this
Agreement, AdColony shall pay to Developer Net Revenue amounts
determined by AdColony. All revenue received from activities that
AdColony deems to be fraudulent may be refunded to the Advertiser(s) in
AdColony’s sole discretion.
2. Payment Terms. AdColony will pay any Developer Payment due to
Developer sixty (60) days after the completion of the month in which
such AdColony Ad campaign runs; provided that, AdColony may withhold
payment until the following month for Developer Payment amounts less
than $100 U.S. Developer shall be responsible for any bank, transfer or
transaction fees (e.g., PayPal). AdColony may deduct any withholding,
sales, value added, and other applicable taxes (other than its net
income taxes) as required by law. Developer is responsible for paying
any other taxes, duties, or fees for which Developer is legally
responsible.
3. Earnings are forfeited by publisher if a) the publisher’s lifetime
earnings are less than $100 and it has been more than 12 months since
the publisher had earnings or b) the publisher has not provided payment
information, outstanding earnings are less than $1,000 and it has been
more than 12 months since the publisher had earnings.
7. Term and Termination
1. Term. This Agreement is effective until terminated in accordance with
this Agreement.
2. Termination by AdColony. AdColony may terminate this Agreement at any
time by providing sixty (60) days’ notice to Developer. Additionally,
AdColony may terminate this Agreement immediately if Developer breaches
any provision of this Agreement.
3. Termination by Developer. Developer may terminate this Agreement at
any time by providing written notice to AdColony (email to suffice),
ceasing all use of the AdColony Platform and AdColony Property, and
destroying or removing from all hard drives, networks, and other storage
media all copies of the AdColony Property.
4. Effect of Termination. Upon termination of this Agreement by
Developer, the Agreement (including all rights and licenses granted and
obligations assumed hereunder) will remain in force and effect until the
completion of all AdColony Ad campaigns associated with the Developer
Apps in effect on the date of such termination (“Sell-Off Period”).
AdColony’s payment obligations will remain in effect during the Sell-Off
Period. Upon any termination of this Agreement, each party will promptly
return or destroy all copies of any Confidential Information in its
possession or control. Sections 3, 7(D) through 13 shall survive any
expiration or termination of this Agreement.
8. Confidentiality
A. Definition. “Confidential Information” means any and all business,
technical and financial information or material of a party, whether
revealed orally, visually, or in tangible or electronic form, that is
not generally known to the public, which is disclosed to or made
available by one party (the “Disclosing Party”) to the other, or which
one party becomes aware of pursuant to this Agreement (the “Receiving
Party”). The AdColony SDK is AdColony’s Confidential Information, and
the terms and conditions of this Agreement shall remain confidential.
The failure of a Disclosing Party to designate as “confidential” any
such information or material at the time of disclosure shall not result
in a loss of status as Confidential Information to the Disclosing Party.
Confidential Information shall not include information which: (i) is in
or has entered the public domain through no breach of this Agreement or
other act by a Receiving Party; (ii) a Receiving Party rightfully knew
prior to the time that it was disclosed to a Receiving Party hereunder;
(iii) a Receiving Party received without restriction from a third-party
lawfully possessing and lawfully entitled to disclose such information
without breach of this Agreement; or (iv) was independently developed by
employees of the Receiving Party who had no access to such information.
B. Use and Disclosure Restrictions. The Receiving Party shall not use
the Confidential Information except as necessary to exercise its rights
or perform its obligations under this Agreement, and shall not disclose
the Confidential Information to any third party, except to those of its
employees, subcontractors, and advisers that need to know such
Confidential Information for the purposes of this Agreement, provided
that each such employee, subcontractor, and advisor is subject to a
written agreement that includes binding use and disclosure restrictions
that are at least as protective of the Confidential Information as those
set forth herein. The Receiving Party will use at least the efforts such
party ordinarily uses with respect to its own confidential information
of similar nature and importance to maintain the confidentiality of all
Confidential Information in its possession or control, but in no event
less than reasonable efforts. The foregoing obligations will not
restrict the Receiving Party from disclosing any Confidential
Information required by applicable law; provided that, the Receiving
Party must use reasonable efforts to give the Disclosing Party advance
notice thereof (i.e., so as to afford Disclosing Party an opportunity to
intervene and seek an order or other relief for protecting its
Confidential Information from any unauthorized use or disclosure) and
the Confidential Information is only disclosed to the extent required by
law. The Receiving Party shall return all of the Disclosing Party’s
Confidential Information to the Disclosing Party or destroy the same, no
later than fifteen (15) days after Disclosing Party’s request, or when
Receiving Party no longer needs Confidential Information for its
authorized purposes hereunder.
9. Representations and Warranties of Developer. Developer represents,
warrants and covenants to AdColony that: (a) it has all necessary rights,
title, and interest in and to the Developer Apps, and it has obtained all
necessary rights, releases, and permissions to grant the rights granted to
AdColony in this Agreement, including to allow AdColony to sell and insert
the AdColony Ads as contemplated herein; (b) it shall not use the AdColony
Platform to collect or discern any personally identifiable information of
end users, or use the data received through the AdColony Platform to re-
identify an individual; and (c) the Developer Apps will comply with the
Developer Apps Content Policy, and will not infringe upon, violate, or
misappropriate any third party right, including any intellectual property,
privacy, or publicity rights.
10. Warranty Disclaimer. THE ADCOLONY SDK AND ADCOLONY PLATFORM ARE PROVIDED
“AS IS”. ADCOLONY DOES NOT MAKE ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. ADCOLONY AND ITS
SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE ADCOLONY PLATFORM
OR ADCOLONY SDK WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE ADCOLONY PLATFORM OR ADCOLONY SDK ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ADCOLONY DOES NOT WARRANT THE RESULTS
OF USE OF THE ADCOLONY PLATFORM OR ADCOLONY SDK. DEVELOPER ACKNOWLEDGES THAT
ADCOLONY MAY MODIFY OR SUSPEND THE ADCOLONY PLATFORM AT ANY TIME IN ITS SOLE
DISCRETION AND WITHOUT NOTICE.
11. Indemnification.
1. Developer Indemnification. Developer agrees to indemnify, defend, and
hold harmless AdColony and its affiliates, and their directors,
officers, employees, and agents from and against any liabilities,
damages, costs and expenses (including reasonable attorneys’ fees)
arising out of any claim, demand, action, or proceeding initiated by a
third party arising from or in connection with any breach of Developer’s
obligations, representations or warranties set forth in this Agreement;
provided that, AdColony: (a) promptly notifies Developer in writing of
the claim, except that any failure to provide this notice promptly only
relieves Developer of its responsibility to the extent its defense is
materially prejudiced by the delay; (b) grants Developer sole control of
the defense and/or settlement of the claim; and (c) reasonably
cooperates with Developer in connection with such claim at Developer’s
cost and expense.
2. AdColony Indemnification. AdColony agrees to indemnify, reimburse and
hold harmless, Developer, its officers, directors, employees, and agents
from and against any and all third party claims, liabilities, demands,
causes of action, damages, losses and expenses, including, without
limitation, reasonable attorneys’ fees and costs of suit, arising out of
or in connection with AdColony’s infringement or misappropriation of a
third party U.S. copyright, trademark or trade secret by the use of the
AdColony Platform and/or the AdColony SDK by Developer as permitted
hereunder; provided that, Developer: (a) promptly notifies AdColony in
writing of the claim, except that any failure to provide this notice
promptly only relieves AdColony of its responsibility to the extent its
defense is materially prejudiced by the delay; (b) grants AdColony sole
control of the defense and/or settlement of the claim; and (c)
reasonably cooperates with AdColony in connection with such claim at
AdColony’s cost and expense. In addition, if the use of the AdColony
Property by Developer has become, or in AdColony’s opinion is likely to
become, the subject of any claim of infringement, AdColony may at its
option and expense (i) procure for Developer the right to continue using
the AdColony Property as set forth hereunder; (ii) replace or modify the
AdColony Property to make it non- infringing so long as the AdColony
Property has substantially equivalent functionality; or (iii) if options
(i) or (ii) are not reasonably practicable, terminate this Agreement.
AdColony shall have no liability or obligation under this Section with
respect to any claim if such claim is caused in whole or in part by (x)
compliance with designs, data, instructions, or specifications provided
by Developer; (y) modification of the AdColony Property by any party
other than AdColony without AdColony’s express consent; or (z) the
combination, operation, or use of the AdColony Property with other
applications, portions of applications, product(s), data or services
where the AdColony Property would not by itself be infringing unless
AdColony has required or expressly allowed such combination, operation,
or use. THE INDEMNIFICATION RIGHTS CONTAINED IN THIS SECTION 11 ARE
DEVELOPER’S SOLE REMEDY FOR THIRD PARTY INFRINGEMENT CLAIMS RELATING TO
ADCOLONY’S SDK AND THE ADCOLONY PLATFORM.
12. Limitation of Liability. EXCEPT WITH RESPECT TO INDEMNIFICATION
OBLIGATIONS HEREIN AND BREACHES OF SECTIONS 2 and 8, NEITHER PARTY SHALL BE
LIABLE TO OTHER PARTY FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL,
RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST BUSINESS, DATA, REVENUE,
OR ANTICIPATED PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT A PARTY WAS ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. EXCEPT WITH RESPECT TO INDEMNIFICATION
OBLIGATIONS HEREIN AND BREACHES OF SECTIONS 2 and 8, IN NO EVENT WILL EITHER
PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL DEVELOPER
PAYMENT PAYABLE TO DEVELOPER UNDER THIS AGREEMENT BY ADCOLONY IN THE TWELVE
(12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
13. General.
1. Relationship of the Parties. Each Party shall be and act as an
independent contractor and not as partner, joint venturer, or agent of
the other. No party shall have any right to obligate or bind any other
party.
2. Assignment. Neither party may assign any of its rights or obligations
under this Agreement without the prior written consent of the other
party, except in connection with any merger (by operation of law or
otherwise), consolidation, reorganization, change in control or sale of
all or substantially all of its assets related to this Agreement or
similar transaction. Notwithstanding the foregoing, Developer may not
assign this Agreement to a direct competitor of AdColony without
AdColony’s prior written consent. This Agreement inures to the benefit
of and shall be binding on the parties’ permitted assignees, transferees
and successors.
3. Amendments; Waiver. No changes or modifications or waivers are to be
made to this Agreement unless evidenced in writing and signed for and on
behalf of both parties. The failure by either party to insist upon the
strict performance of this Agreement, or to exercise any term hereof,
will not act as a waiver of any right, promise or term, which will
continue in full force and effect.
4. Governing Law; Jurisdiction. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of California,
without reference to conflicts of laws principles. The parties agree
that the federal and state courts in Los Angeles County, California will
have exclusive jurisdiction and venue under this Agreement, and the
parties hereby agree to submit to such jurisdiction exclusively.
5. Entire Agreement. This Agreement contains the entire understanding of
the parties regarding its subject matter and supersedes all other
agreements and understandings, whether oral or written.
License Agreement
ADDTHIS MOBILE APPLICATION SDK LICENSE AGREEMENT
PLEASE READ THIS CAREFULLY. IF YOU DO NOT AGREE THESE TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SDK.
THIS ADDTHIS MOBILE APPLICATION SDK LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN CLEARSPRING TECHNOLOGIES, INC ("CLEARSPRING" OR "WE") AND YOU INDIVIDUALLY IF YOU ARE AGREEING TO IT IN YOUR PERSONAL CAPACITY, OR IF YOU ARE AUTHORIZED TO DOWNLOAD THE SDK ON BEHALF OF YOUR COMPANY OR ORGANIZATION, BETWEEN THE ENTITY FOR WHOSE BENEFIT YOU ACT ("YOU"). CLEARSPRING OWNS AND OPERATES THE ADDTHIS SHARING PLATFORM.
BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SDK, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT US AT SUPPORT@ADDTHIS.COM.
This Agreement governs your access to, and use of, our proprietary software and associated application programming interface for use with mobile applications, as well as any related materials, including installation tools, sample code, source code, software libraries and documentation and any error corrections, updates, or new releases that we elect, in our sole discretion, to make available to you (all such materials, collectively, the "SDK").
This Agreement hereby incorporates by reference the terms and conditions of the AddThis terms of service (http://www.addthis.com/tos), including, but not limited to, Sections 4, 6, 8 and 12 through 22. For purposes of those terms of service, the SDK will be considered part of "Our Technology" and Clearspring's provision of the SDK will constitute one of the Services we provide.
1. License. Subject to the terms and conditions of this Agreement, Clearspring hereby grants you a non-exclusive, non-transferable, non-sublicenseable, royalty-free right and license to copy and use the SDK solely for the purpose of adding the AddThis functionality into your mobile application in accordance with the documentation. You acknowledge and agree that you have no rights to any upgrades, modifications, enhancements or revisions that Clearspring may make to the SDK. You agree that we have no obligation to provide any support or engineering assistance of any sort unless we otherwise agree in writing.
2. Restrictions. You may not use the SDK to: (i) design or develop anything other than a mobile application that contains the AddThis functionality; (ii) make any more copies of the SDK than are reasonably necessary for your authorized use thereof; (iii) modify, create derivative works of, reverse engineer, reverse compile, or disassemble the SDK or any portion thereof; (iv) distribute, publish, sell, transfer, assign, lease, rent, lend, or sublicense either in whole or part the SDK to any third party except as may specifically be permitted in Section 3 herein; (v) redistribute any component of the SDK except as set forth in Section 3 herein, or (vi) remove or otherwise obfuscate any proprietary notices or labels from the SDK. You may not use the SDK except in accordance with applicable laws and regulations, nor may you export the SDK from and outside the United States of America except as permitted under the applicable laws and regulations of the United Sates of America. You may not use the SDK to defraud any third party or to distribute obscene or other unlawful materials or information.
3. Copyright Notice. You must include all copyright and other proprietary rights notices that accompany the SDK in any copies that you produce.
4. Proprietary Rights. Subject always to our ownership of the SDK, you will be the sole and exclusive owner of any software application developed using the SDK, excluding the SDK and any portions thereof.
5. Confidential Information. You will safeguard, protect, respect, and maintain as confidential the SDK, the underlying computer code to which you may obtain or receive access, and the functional or technical design, logic, or other internal routines or workings of the SDK, which are considered confidential and proprietary to Clearspring.
Version 1.0 – April 4, 2011
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
- Neither the name of Analog Devices, Inc. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
- The use of this software may or may not infringe the patent rights
of one or more patent holders. This license does not release you
from the requirement that you obtain separate licenses from these
patent holders to use this software.
- Use of the software either in source or binary form, must be run
on or directly connected to an Analog Devices Inc. component.
THIS SOFTWARE IS PROVIDED BY ANALOG DEVICES "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL ANALOG DEVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY
RIGHTS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
- Modified versions of the software must be conspicuously marked as such.
- This software is licensed solely and exclusively for use with processors
manufactured by or for Analog Devices, Inc.
- This software may not be combined or merged with other code in any manner
that would cause the software to become subject to terms and conditions
which differ from those listed here.
- Neither the name of Analog Devices, Inc. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
- The use of this software may or may not infringe the patent rights of one
or more patent holders. This license does not release you from the
requirement that you obtain separate licenses from these patent holders
to use this software.
THIS SOFTWARE IS PROVIDED BY ANALOG DEVICES, INC. AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT,
TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL ANALOG DEVICES, INC. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING OUT OF CLAIMS OF INTELLECTUAL
PROPERTY RIGHTS INFRINGEMENT; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
- Neither the name of Analog Devices, Inc. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
- The use of this software may or may not infringe the patent rights
of one or more patent holders. This license does not release you
from the requirement that you obtain separate licenses from these
patent holders to use this software.
THIS SOFTWARE IS PROVIDED BY ANALOG DEVICES "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL ANALOG DEVICES BE LIABLE FOR ANY DIRECT, INDIRECT,
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BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
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Adobe Acrobat Reader EULA
ADOBE
End User License Agreement
Please return any accompanying registration form to receive registration benefits.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Adobe or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Adobe. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 10(a) of this Agreement applies; otherwise it means Adobe Systems Benelux BV, Europlaza, Hoogoorddreef 54a, 1101 BE Amsterdam ZO, the Netherlands, a company organized under the laws of the Netherlands and an affiliate and licensee of Adobe Systems Incorporated.
2. Software License. As long as you comply with the terms of this End User License Agreement (the "Agreement"), Adobe grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.1. General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
2.2. Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from Adobe; and
2.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.4. Home Use. You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on the primary computer is being used.
2.5. Stock Files. Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
2.6. Font Software. If the Software includes font software -
2.6.1. You may Use the font software as described above on the Permitted Number of computers and output such font software on any output devices connected to such computers.
2.6.2. If the Permitted Number of computers is five or fewer, you may download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such computers for the purpose of having such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Permitted Number of computers.
2.6.3. You may take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service bureau may Use the font(s) to process your file, provided such service bureau has a valid license to Use that particular font software.
2.6.4. You may convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as one of your Permitted Number of computers. Use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement. Such converted font software may be used only for your own customary internal business or personal use and may not be distributed or transferred for any purpose, except in accordance with the Transfer section below.
2.6.5 You may embed the font software, or outlines of the font software, into your electronic documents to the extent that the font vendor copyright owner allows for such embedding. The fonts contained in this package may contain both Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe. Refer to the font sample sheet or font information file to determine font ownership. See the Documentation for location and information on how to access these sheets and files.
2.7 To the extent that the Software includes Adobe Acrobat Reader software, (i) you may customize the installer for such software in accordance with the restrictions found at www.adobe.com (e.g., installation of additional plug-in and help files); however, you may not otherwise alter or modify the installer program or create a new installer for any of such software, (ii) such software is licensed and distributed by Adobe for viewing, distributing and sharing PDF files, and (iii) you are not authorized to use any plug-in or enhancement that permits you to save modifications to a PDF file with such software; however, such use is authorized with Adobe Acrobat, Adobe Acrobat Business Tools, and other current and future Adobe products that feature the creation or manipulation of PDF files. For information on how to distribute Adobe Acrobat( Reader( and Adobe SVG Viewer please refer to the sections entitled "How to Distribute Acrobat Reader" and "How to Distribute SVG Viewer" at www.adobe.com.
3. Intellectual Property Rights. The Software and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except for font software converted to other formats as permitted in section 2.6.4, you agree not to modify, adapt or translate the Software.You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Adobe to provide the information necessary to achieve such operability and Adobe has not made such information available. Adobe has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Adobe Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
4. Transfer. You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates. If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation Adobe may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no warranty as to its use or performance. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Adobe, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Adobe has no express or implied obligation to you to announce or introduce the Pre-release Software and that Adobe may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Adobe, you will provide feedback to Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Adobe of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) Software.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Adobe's Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is purchased when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is purchased when you are in Japan, China, Korea, R.O.C, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) the Netherlands, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the courts of Amsterdam, the Netherlands, when the law of the Netherlands applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. ß2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ß12.212 or 48 C.F.R. ß227.7202, as applicable. Consistent with 48 C.F.R. ß12.212 or 48 C.F.R. ßß227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
13. Compliance with Licenses. If you are a business or organisation, you agree that upon request from Adobe or Adobe's authorised representative, you will within thirty (30) days fully document and certify that use of any and all Adobe Software at the time of the request is in conformity with your valid licenses from Adobe.
If you have any questions regarding this Agreement or if you wish to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving your jurisdiction.
Adobe, Acrobat, Acrobat Reader, and After Effects are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
SVGReader_WWEULA_English_01.15.01_11:15
Adobe AIR SDK - Warranty disclaimer and license agreement
ADOBE SYSTEMS INCORPORATED
SDK LICENSE AGREEMENT
ADOBE® AIR® SDK
1. NO WARRANTY, LIMITATION OF LIABILITY, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
1.1 NO WARRANTY. YOU ACKNOWLEDGE THAT THE SDK (AS DEFINED BELOW) MAY BE PRONE TO BUGS AND/OR STABILITY ISSUES. THE SDK IS PROVIDED TO YOU "AS IS," AND ADOBE AND ITS SUPPLIERS DISCLAIM ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND. YOU ACKNOWLEDGE THAT ADOBE MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK INCLUDING ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK AND YOUR USE OF AND OUTPUT FROM THE SDK. Adobe is not obligated to provide maintenance, technical support or updates to you for any portion of the SDK. The foregoing limitations, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
1.2 Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SDK, IF ANY. THIS LIMITATION ON ADOBE AND ITS SUPPLIERS WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits Adobe’s, or its suppliers, liability to you in the event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.
1.3 Binding Agreement. This agreement governs installation and use of the SDK. You agree that this agreement is like any written negotiated agreement signed by you. By downloading, installing, copying, modifying or distributing all or any portion of the SDK, you accept all of the terms and conditions of this agreement. This agreement is enforceable against you and any legal entity that obtained the SDK and on whose behalf they are used: for example, your employer. If you do not agree to the terms of this agreement, do not use the SDK.
1.4 Additional Terms and Agreements. You may have a separate written agreement with Adobe that supplements or supersedes all or portions of this agreement. Your use of some third party materials included in the SDK may be subject to other terms and conditions typically found in a separate license agreement or a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at www.adobe.com/go/thirdparty. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.
2. DEFINITIONS.
"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if Section 14(a) of this agreement applies; otherwise it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
"Build Tools" means build files, compilers, runtime libraries (but not the complete Runtime Software) accompanying this agreement, including, for example, the contents of the bin, lib, and runtime directories, adl.exe, adl.bat and adt.jar.
"Developer Application" means your application software that complies with the requirements of this agreement, including Section 5.1, and that either (a) interoperates with the Runtime Software or (b) is an application produced from the Build Tools.
"Documentation" means the written materials accompanying this agreement, including, for example, technical specifications, file format documentation and application programming interface (API) information.
"Effective Date" means the date that you download or otherwise access the SDK.
"Material Improvement" means perceptible, measurable and definable improvements that provide extended or additional significant and primary functionality that adds significant business value.
"Object Code Redistributables" means those files in object code format located in the /runtimes/air-captivate/mac, /runtimes/air-captivate/win, lib/aot/lib, and /lib/android/lib/runtimeClasses.jar, and /runtimes/air/android/device/Runtime.apk folders, if included with the version of the SDK provided to you in connection with this agreement.
"Runtime Components" means any of the individual files, libraries or executable code contained in the Runtime Software directory (e.g., the runtime folder) or the Runtime Software utilities included in the utilities directory or installer files. Adobe AIR.dll, runtime executables, template.exe and template.app are examples of Runtime Components.
"Runtime Software" means the Adobe runtime software in object code format named "Adobe AIR" that is to be installed by end-users and all updates to such software made available by Adobe.
"SDK" means the Build Tools, Documentation, Object Code Redistributables, Runtime Components, SDK Source Files and Sample Code.
"SDK Source Files" means source code files included in the directory "frameworks" that accompany this agreement.
"Sample Code" means sample software in source code format designated in the Documentation or directories as "sample code," "samples," "sample application code," "quickstart code" or "snippets."
3. LICENSE.
Subject to the terms and conditions of this agreement, including the requirements and restrictions below, Adobe grants you the non-exclusive, non-transferable right to use the SDK in accordance with the Documentation as follows:
3.1 Installation, Use and Copying. You may install and use the Build Tools and Runtime Components solely for purpose of developing compliant Developer Applications. You may make a limited and reasonable number of copies of the SDK for purposes of your internal development of Developer Applications.
3.2 Modification. You may modify the Sample Code and SDK Source Files provided to you in human readable (i.e., source code) format. You may incorporate the modified Sample Code and SDK Source Files into your Developer Applications. You may not modify the Build Tools (except for files that are covered by third party licenses that allow you to do so), Documentation or the Runtime Software in any manner. In no event may you take any action to make the SDK subject to a license or scheme in which there is or could be interpreted that, as a condition of use, modification and/or distribution, the SDK be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge. You may not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within any portion of the SDK other than Sample Code or SDK Source Files that are substantially modified by you in accordance with this agreement.
3.3 Distribution.
(a) Distribution Rights. Subject to the provisions of this agreement, including the requirements and restrictions below, you may copy and distribute the Sample Code, SDK Source Files and Object Code Redistributables as follows:
(i) Distribution with Developer Application. You may distribute (A) Sample Code and SDK Source Files in source code, object code, modified or unmodified form, in all cases incorporated into your Developer Application and (B) Object Code Redistributables only as incorporated automatically (i.e., incorporated solely as a byproduct of your use of the Build Tools) into a Developer Application for Mac, Windows, iOS, or Android platforms, by using the Object Code Redistributables in the /runtimes/air-captivate/mac, /runtimes/air-captivate/win, lib/aot/lib, and /lib/android/lib/runtimeClasses.jar, and /runtimes/air/android/device/Runtime.apk folders, respectively; and
(ii) Distribution of Sample Code Stand-alone. You may distribute Sample Code (but not SDK Source Files) in source code or object code format on a stand-alone basis or as bundled with other software, as long as you first make modifications to such code that result in Material Improvements; and
(iii) Distribution of SDK Source Files. You may distribute SDK Source Files (but not the Sample Code) in source code or object code format on a stand-alone basis or as bundled with other components useful to developers, as long as you first make modifications to such files that result in Material Improvements, and provided that you (A) include a copyright notice reflecting copyright ownership in such modified files, and (B) do not use "mx," "mxml," "flex," "flash," "fl" or "adobe" in any new package or class names distributed with the SDK Source Files.
(iv) No Distribution of Build Tools. This agreement does not grant you the right to distribute the Build Tools (except for files that are covered by third party licenses that allow you to do so), Documentation or Runtime Software. In no event may you take any action to make the SDK subject to a license or scheme in which there is or could be interpreted that, as a condition of use, modification and/or distribution, the SDK be (A) disclosed or distributed in source code form; (B) licensed for the purpose of making derivative works; or (C) redistributable at no charge. For information about obtaining the right to distribute such components with your product or service, please refer to www.adobe.com/go/redistributeairsdk.
(b) Distribution Requirements. If you distribute the Sample Code or SDK Source Files under this agreement, you must include a copyright notice in such code, files, the relevant Developer Application or other larger work incorporating such code or files. You may not (i) make any statement that any Developer Application or other software is "certified" or otherwise guaranteed by Adobe or (ii) use Adobe’s name or trademarks to market any Developer Application or other software without written permission from Adobe. Adobe is not responsible to you or any other party for any software update or support or other liability that may arise from your distribution.
3.4 Cross Promotion Program. At your option, you may participate in the Cross Promotion Program by completing the Program agreement which can be found at: www.adobe.com/products/air/crosspromotion-program-agreement.html, and implementing the related API.
4. INDEMNIFICATION.
You agree to hold Adobe harmless from any and all liabilities, losses, actions, damages or claims (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys fees) arising out of or relating to your distribution of all or any portion of the SDK or any Developer Application; provided that Adobe cooperates with you, at your expense, in resolving any such claim.
5. DEVELOPMENT REQUIREMENTS, RESTRICTIONS AND PRIVACY.
5.1 Development. You shall not create or distribute any software, including any Developer Application that interoperates with individual Runtime Components in a manner not documented by Adobe. You shall not create or distribute any software, including any Developer Application that is designed to interoperate with an un-installed instance of the Runtime Software. You shall not create or distribute any Developer Application that runs without installation. You are not permitted to install or use the Build Tools or other portions of the SDK to develop software prohibited by this agreement. Failure to comply with this Section 5.1 is a breach of this agreement that immediately terminates all rights granted to you herein.
5.2 Other Prohibitions. You will not use the SDK to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including any laws, regulations or rights respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or advertising), or (c) interferes with the operability of Adobe or third-party programs or software.
5.3 AVC Codec Use. THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (a) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (b) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com.
5.4 MP3 Codec Use. You may not modify the runtime libraries or Build Tools. You may not access MP3 codecs within the runtime libraries other than through the published runtime APIs. Development, use or distribution of a Developer Application that operates on non-PC devices and that decodes MP3 data not contained within a SWF, FLV or other file format that contains more than MP3 data may require one or more third-party license(s).
5.5 Privacy. You will comply with all data protection and privacy laws and rules applicable to the personal information of your end users. You will conspicuously post a privacy policy that tells users what personal data you are going to use and how you will use, display, share, or transfer that data. In addition, you will include your privacy policy URL conspicuously in the Developer Application, and you must also include a link to your app's privacy policy in any app marketplace that provides you with the functionality to do so. Adobe provides information about common privacy issues at www.adobe.com/go/air_developer_privacy.
6. INTELLECTUAL PROPERTY RIGHTS.
The SDK and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK provided to you in compiled or object code form are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK is protected by copyright, including by United States Copyright Law, international treaty provisions and applicable laws in the country in which they are used. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the SDK and all rights not expressly granted are reserved by Adobe.
7. REVERSE ENGINEERING.
You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of all or any portion of the SDK provided to you in compiled or object code format except to the extent you may be expressly permitted to decompile under applicable law.
8. NON-BLOCKING OF ADOBE DEVELOPMENT.
You acknowledge that Adobe is currently developing or may develop technologies and products in the future that have or may have design and/or functionality similar to products that you may develop based on your license herein. Nothing in this agreement shall impair, limit or curtail Adobe’s right to continue with its development, maintenance and/or distribution of Adobe’s technology or products. You agree that you shall not assert in any way any patent owned by you arising out of or in connection with the SDK or modifications made thereto against Adobe, its subsidiaries or affiliates, or their customers, direct or indirect, agents and contractors for the manufacture, use, import, licensing, offer for sale or sale of any Adobe products.
9. PRE-RELEASE SDK ADDITIONAL TERMS.
If the SDK or any of its components are pre-commercial release or beta software ("Pre-release Software"), then this section applies. The Pre-release Software is a pre-release version, does not represent final product from Adobe, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Adobe may never commercially release the Pre-release Software. If you received the Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated License Agreement for PreRelease Software, your use of the Software is also governed by such agreement. You will return or destroy all copies of Pre-release Software upon request by Adobe or upon Adobe’s commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK.
10. TERM AND TERMINATION.
This agreement will commence upon the Effective Date and continue in perpetuity unless terminated as set forth herein. Adobe may terminate this agreement immediately if you breach any of its terms. Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 will survive any termination of this agreement. Upon termination of this agreement, you will cease all use and distribution of the SDK and return to Adobe or destroy (with written confirmation of destruction) the SDK promptly at Adobe’s request, together with any copies thereof.
11. EXPORT RULES.
You acknowledge that the SDK is subject to the U.S. Export Administration Regulations (the "EAR") and that you will comply with the EAR. You will not export or re-export the SDK, or any portion hereof, directly or indirectly, to: (a) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria); (b) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (c) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the SDK.
12. NOTICE TO U.S. GOVERNMENT END USERS.
For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence is incorporated by reference in this agreement.
13. TRADEMARK.
"Adobe® AIR®" is a trademark of Adobe that may not be used by others except under a written license from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Application or in your company name, domain name or the name of a service related to Adobe AIR. You may indicate the interoperability of your Developer Application with the Adobe AIR Runtime Software, if true, by stating, for example, "works with Adobe® AIR®" or "for Adobe® AIR®." You may use the Adobe AIR trademark to refer to your Developer Application as an "Adobe® AIR® application" only as a statement that your Developer Application interoperates with the Adobe AIR Runtime Software.
14. GOVERNING LAW.
If you are a consumer who uses the SDK for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you purchased the license to use the SDK. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the SDK is obtained when you are in the United States, Canada or Mexico; or (b) Japan, if a license to the is obtained when you are in Japan, China, Korea or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the SDK is obtained when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
15. GENERAL PROVISIONS.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. Updates may be licensed to you by Adobe with additional or different terms. The use of "includes" or "including" in this agreement shall mean "including without limitation." This is the entire agreement between Adobe and you relating to the SDK and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK.
AdobeAIR_SDK License-en_US-20140814_0852
Adobe AIR SDK License
http://www.adobe.com/products/eulas/
ADOBE SYSTEMS INCORPORATED
WARRANTY DISCLAIMER AND LICENSE AGREEMENT
ADOBE® AIR® SDK
NOTICE TO USER: THIS DOCUMENT INCLUDES A WARRANTY DISCLAIMER (PART I) AND AN SDK LICENSE AGREEMENT (PART II).
PART I. WARRANTY DISCLAIMER AND LIABILITY LIMITATION
Adobe provides the SDK Components (defined below) to you "AS IS." ADOBE AND ITS SUPPLIERS DISCLAIM ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THE SDK COMPONENTS OR YOUR USE OF THE SDK COMPONENTS, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IN ANY EVENT, ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THE SDK COMPONENTS WILL BE LIMITED TO TEN U.S. DOLLARS. Nothing limits liability to you in the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability, but in no other respects and for no other purpose.
PART II. SDK LICENSE AGREEMENT
ADOBE SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ADOBE AIR
NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNS INSTALLATION AND USE OF THE SDK COMPONENTS (AS DEFINED BELOW). YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BY DOWNLOADING, INSTALLING, COPYING, MODIFYING OR DISTRIBUTING ANY SDK COMPONENT, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SDK COMPONENTS AND ON WHOSE BEHALF THEY ARE USED: FOR EXAMPLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SDK COMPONENTS.
YOU MAY HAVE A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
Use of some third party materials included in the SDK Components may be subject to other terms and conditions typically found in a separate license agreement or a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty.
1. DEFINITIONS.
"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110.
"Build Tools" means build files, compilers, runtime libraries (but not the complete Runtime Software), and other tools accompanying this agreement, including, for example, the contents of the Bin, Lib, and runtime directories, adl.exe, adl.bat, and adt.jar.
"Developer Application" means your application software that interoperates with the Runtime Software and complies with the requirements of this Agreement, for example, Section 4.1.
"Documentation" means the written materials accompanying this agreement, including, for example, technical specifications, file format documentation and application programming interface (API) information.
"Effective Date" means the date that you download or otherwise access the SDK Components. "Material Improvement" means perceptible, measurable and definable improvements that provide extended or
additional significant and primary functionality that adds significant business value.
"Runtime Components" means any of the individual files, libraries, or executable code contained in the Runtime Software installation directory (e.g., the "Adobe AIR" and "Adobe AIR Framework" folders) or the Runtime Software utilities included in the utilities directory or installer files. Runtime.dll, Runtime executables, template.exe, and template.app are examples of Runtime Components.
"Runtime Software" means the Adobe runtime software in object code format named "Adobe AIR" that is to be installed by end-users, and all updates to such software made available by Adobe.
"SDK Components" means the Build Tools, Documentation, Sample Code and SDK Source Files. "SDK Source Files" means framework source code files that accompany this agreement.
"Sample Code" means sample software in source code or object code format designated in the Documentation or directories as "sample code," "samples," "sample application code," "quickstart code" or "snippets."
2. License. Subject to the terms and conditions of this agreement, including the requirements and restrictions below, Adobe grants you the non-exclusive, non-transferable right to use the SDK Components in accordance with the Documentation as follows:
2.1 Installation, Use and Copying. You may install and use the Build Tools solely for purpose of developing compliant Developer Applications. You may make a limited and reasonable number of copies of the SDK Components for purposes of your internal development of Developer Applications.
2.2 Modification. You may modify the Sample Code and SDK Source Files provided to you in human readable (i.e., source code) format. You may incorporate the modified Sample Code and SDK Source Files into your Developer Applications. You may not modify the Build Tools, Documentation or the Runtime Software in any manner. You may not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within any of the SDK Components other than Sample Code or SDK Source Files that are substantially modified by you in accordance with this agreement.
2.3 Distribution. (a) Distribution Rights. Subject to the provisions of this agreement, including the requirements and restrictions
below, you may copy and distribute the Sample Code and SDK Source Files as follows:
(i) Distribution with Developer Application. You may distribute Sample Code and SDK Source Files in source code, object code, modified or unmodified form, in all cases incorporated into your Developer Application; and
(ii) Distribution of Sample Code Stand-alone. You may distribute Sample Code (but not SDK Source Files) in source code or object code format on a stand-alone basis or as bundled with other software, as long as you first make modifications to such code that result in Material Improvements; and
(iii) Distribution of SDK Source Files. You may distribute SDK Source Files (but not the Sample Code) in source code or object code format on a stand-alone basis or as bundled with other components useful to developers, as long as you first make modifications to such files that result in Material Improvements, and provided that you (A) include a copyright notice reflecting copyright ownership in such modified files, and (B) do not use "mx," "mxml," "flex," "flash," or "adobe" in any new package or class names distributed with the SDK Source Files.
(iv) Distribution of Build Tools. This agreement does not grant you the right to distribute the Documentation, Build Tools or Runtime Software. For information about obtaining the right to distribute such components with your product or service please refer to http://www.adobe.com/go/redistributeairsdk.
(b) Distribution Requirements. If you distribute the Sample Code or SDK Source Files under this agreement, you must include a copyright notice in such code, files, the relevant Developer Application or other larger work incorporating such code or files. You may not (i) make any statement that any Developer Application or other software is "certified" or otherwise guaranteed by Adobe or (ii) use Adobe’s name or trademarks to market any Developer Application or other software without written permission from Adobe. Adobe is not responsible to you or any other party for any software update or support or other liability that may arise from your distribution.
3. Indemnification. You agree to hold Adobe harmless from any and all liabilities, losses, actions, damages or claims (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys fees) arising out of or relating to your distribution of any SDK Component or Developer Application; provided that Adobe cooperates with you, at your expense, in resolving any such claim.
4. Development Requirements and Restrictions.
4.1 Development. You shall not create or distribute any software, including, without limitation, any Developer Application, that interoperates with individual Runtime Components in a manner not documented by Adobe. You shall not create or distribute any software, including, without limitation, any Developer Application, that is designed to interoperate with an un-installed instance of the Runtime Software. You shall not create or distribute any Developer Application that runs without installation. You are not permitted to install or use the Build Tools or other SDK Components to develop software prohibited by this Section 4.1. Failure to comply with this Section 4.1 is a breach of this agreement that immediately terminates all rights granted to you herein.
4.2 Other Prohibitions. You will not use the SDK Components to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including without limitation any laws, regulations or rights respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or advertising), or (c) interferes with the operability of Adobe or third-party programs or software.
4.3 AVC Codec Use. THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.mpegla.com.
4.4 MP3 Codec Use. You may not modify the runtime libraries or any other Build Tools. You may not access MP3 codecs within the runtime libraries other than through the published runtime APIs. Development, use or distribution
of a Developer Application that operates on non-PC devices and that decodes MP3 data not contained within a SWF, FLV or other file format that contains more than MP3 data may require one or more third-party license(s).
5. Intellectual Property Rights. The SDK Components and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK Components provided to you in compiled or object code form are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK Components are protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which they are used. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the SDK Components and all rights not expressly granted are reserved by Adobe.
6. Reverse Engineering. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any SDK Component provided to you in compiled or object code format except to the extent you may be expressly permitted to decompile under applicable law.
7. No Warranty. Adobe provides the SDK Components to you "AS IS." ADOBE AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADOBE OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AGREEMENT AND/OR YOUR USE OF THE SDK COMPONENTS, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IN ANY EVENT, ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED TO TEN U.S. DOLLARS. Nothing contained in this agreement limits Adobe's or its suppliers’ liability to you in the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.
9. Term and Termination. This agreement will commence upon the Effective Date and continue in perpetuity unless terminated as set forth herein. Adobe may terminate this agreement immediately if you breach any of its terms. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 will survive any termination of this agreement. Upon termination of this Agreement, you will cease all use and distribution of the SDK Components and return to Adobe or destroy (with written confirmation of destruction) the SDK Components promptly at Adobe’s request, together with any copies thereof.
10. Export Rules. You agree that the SDK Components will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the SDK Components are identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including Iran, Syria, Sudan, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the SDK Components. All rights to use the
SDK Components are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
11. Notice to U.S. Government End Users.
For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence is incorporated by reference in this agreement.
12. Trademark. "Adobe® AIR®" is a trademark of Adobe that may not be used by others except under a written license from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Application or in your company name, domain name or the name of a service related to Adobe AIR. You may indicate the interoperability of your Developer Application with the Adobe AIR runtime software, if true, by stating, for example, "works with Adobe® AIR®" or "for Adobe® AIR®." You may use the Adobe AIR trademark to refer to your Developer Application as an "Adobe® AIR® application" only as a statement that your Developer Application interoperates with the Adobe AIR Runtime Software.
13. Governing Law. This agreement, each transaction entered into hereunder, and all matters arising from or related to this agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in the State of California. The state or federal courts located in Santa Clara County, California will each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the SDK Components and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK Components.
AdobeAIR_ SDK License _20080414_1855
ADOBE SYSTEMS INCORPORATED COLOR PROFILE BUNDLING AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS. In this Agreement, "Adobe" means Adobe Systems Incorporated, a Delaware corporation, located at 345 Park Avenue, San Jose, California 95110. "Software" means the software and related items with which this Agreement is provided, as listed in Exhibit A.
2. LICENSE. Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, non-exclusive, nontransferable, royalty-free license to use, reproduce and publicly display the Software. Adobe also grants you the rights to distribute the Software: (a) on a standalone basis (b) as embedded within digital image files. (c) as embedded within hardware products that author digital images, where there is no End User access to the Software, and (d) as bundled with your own application software, provided that you comply with all the distribution requirements in Section 3 below. No other distribution of the Software is allowed. All individual profiles must be referenced by their ICC Profile description string. YOU MAY NOT MODIFY THE SOFTWARE. Adobe is under no obligation to provide any support under this Agreement, including upgrades or future versions of the Software or other items. No title to the intellectual property in the Software is transferred to you under the terms of this Agreement. You do not acquire any rights to the Software except as expressly set forth in this Agreement. Notwithstanding the above, if you are bundling with Linux or Unix software products, you may (a) add shortcut or menu items within your software that point to the Software, but may not change the name or iconography of the Software, (b) repackage the RPM or Gzip versions of the Software for distribution purposes, and (c) create a graphical user interface as otherwise specifically allowed by instructions found at www.adobe.com or http://partners.adobe.com (e.g., installation of additional plug-in and help files) but may not add, delete, or modify any components of the Software without the explicit written permission of Adobe.
3. DISTRIBUTION. If you choose to distribute the Software, you do so with the understanding that you agree to defend, indemnify and hold harmless Adobe against any losses, damages or costs arising from any claims, lawsuits or other legal actions arising out of such distribution, including, without limitation, product liability and other claims by consumers and your failure to comply with this Section 3. If you distribute the Software on a standalone or bundled basis, you will do so by first obtaining the agreement of the end user under the terms of either the Adobe End User License Agreement (“Adobe EULA”), attached as Exhibit B, or your own license agreement which (a) complies with the terms and conditions of this Agreement; (b) effectively disclaims all warranties and conditions, express or implied, on behalf of Adobe; (c) effectively excludes all liability for damages on behalf of Adobe; (d) substantially states that any provisions that differ from this Agreement are offered by you alone and not Adobe; and (e) substantially states that the Software is available from you or Adobe and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. Any distributed Software will include the Adobe copyright notices as included in the Software provided to you by Adobe.
4. DISCLAIMER OF WARRANTY. Adobe licenses the Software to you on an "AS IS" basis. Adobe makes no representation as to the adequacy of the Software for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sections 4 and 5 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
6. TRADEMARKS. Adobe grants you a worldwide, nonexclusive, nontransferable, personal right to use the “Adobe” word trademark (the “Trademark”) solely to identify Adobe as the source of the Adobe RGB (1998) product or Adobe RGB technology, so long as such use complies with the terms of this Agreement, the trademark guidelines available at the “Permissions and trademarks” pages of the Adobe web site (www.adobe.com) and the “Adobe Trademark Guidelines for third parties who license, use or refer to Adobe trademarks,” also available from the Adobe web site. You acknowledge the validity of the Trademark and Adobe’s ownership of the Trademark. Nothing in this Agreement shall give you any right, title or interest in the Trademark, other than the license rights granted in this Agreement. You recognize the value of the goodwill associated with the Trademark and acknowledge that such goodwill exclusively inures to the benefit of and belongs to Adobe. Adobe and the Adobe logo are either registered trademarks or trademarks of Adobe in the United States and/or other countries. With the exception of referential use and the rights granted in this Agreement, you will not use such trademarks or any other Adobe trademark or logo without separate prior written permission from Adobe.
7. TERM. This Agreement is effective until terminated. Adobe has the right to terminate this Agreement immediately if you fail to comply with any term hereof. Upon any such termination, you must return to Adobe all full and partial copies of the Software in your possession or control.
8. GOVERNMENT REGULATIONS. If any part of the Software is identified as an export controlled item under the United States Export Administration Act or any other export law, restriction or regulation (the "Export Laws"), you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising out of, under or related to this Agreement will be brought exclusively in the state Santa Clara County, California, USA.
10. GENERAL. You may not assign your rights or obligations granted under this Agreement without the prior written consent of Adobe. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Adobe, its agents, or employees, but only by an instrument in writing signed by an authorized signatory of Adobe. When conflicting language exists between this Agreement and any other agreement included in the Software, the terms of such included agreement shall apply. If either you or Adobe employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees. You acknowledge that you have read this Agreement, understand it, and that it is the complete and exclusive statement of your agreement with Adobe which supersedes any prior agreement, oral or written, between Adobe and you with respect to the licensing to you of the Software. No variation of the terms of this Agreement will be enforceable against Adobe unless Adobe gives its express consent, in writing, signed by an authorized signatory of Adobe.
Exhibit A
The “Software” for the purposes of this Agreement and which Licensee is permitted to distribute subject to the terms and conditions of this Agreement, shall consist of one or more of the following color profiles:
8 RGB profiles
Adobe RGB (1998)
Apple RGB
ColorMatch RGB
SMPTE-C
PAL/SECAM
HDTV (Rec. 709)
SDTV NTSC
SDTV PAL
14 CMYK profiles
Coated FOGRA27 (ISO 12647-2:2004)
Web Coated FOGRA28 (ISO 12647-2:2004)
Uncoated FOGRA29 (ISO 12647-2:2004)
Coated FOGRA39 (ISO 12647-2:2004)
Japan Color 2001 Coated
Japan Color 2001 Uncoated
Japan Color 2002 Newspaper
Japan Color 2003 Web Coated
Japan Web Coated (Ad)
Web Coated (SWOP) v2
Web Uncoated v2 Coated
GRACol 2006 (ISO 12647-2:2004)
Web Coated SWOP Grade 3 Paper
Web Coated SWOP Grade 5 Paper
EXHIBIT B
ADOBE SYSTEMS INCORPORATED COLOR PROFILE LICENSE AGREEMENT NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS In this Agreement, "Adobe" means Adobe Systems Incorporated, a Delaware corporation, located at 345 Park Avenue, San Jose, California 95110. "Software" means the software and related items with which this Agreement is provided.
2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, non-exclusive, nontransferable, royalty-free license to use, reproduce and publicly display the Software. Adobe also grants you the rights to distribute the Software only (a) as embedded within digital image files and (b) on a standalone basis. No other distribution of the Software is allowed; including, without limitation, distribution of the Software when incorporated into or bundled with any application software. All individual profiles must be referenced by their ICC Profile description string. You may not modify the Software. Adobe is under no obligation to provide any support under this Agreement, including upgrades or future versions of the Software or other items. No title to the intellectual property in the Software is transferred to you under the terms of this Agreement. You do not acquire any rights to the Software except as expressly set forth in this Agreement.
3. DISTRIBUTION If you choose to distribute the Software, you do so with the understanding that you agree to defend, indemnify and hold harmless Adobe against any losses, damages or costs arising from any claims, lawsuits or other legal actions arising out of such distribution, including without limitation, your failure to comply with this Section 3. If you distribute the Software on a standalone basis, you will do so under the terms of this Agreement or your own license agreement which (a) complies with the terms and conditions of this Agreement; (b) effectively disclaims all warranties and conditions, express or implied, on behalf of Adobe; (c) effectively excludes all liability for damages on behalf of Adobe; (d) substantially states that any provisions that differ from this Agreement are offered by you alone and not Adobe and (e) substantially states that the Software is available from you or Adobe and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. Any distributed Software will include the Adobe copyright notices as included in the Software provided to you by Adobe.
4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS" basis. Adobe makes no representation as to the adequacy of the Software for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sections 4 and 5 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement.
5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
6. TRADEMARKS Adobe grants you a worldwide, nonexclusive, nontransferable, personal right to use the “Adobe” word trademark (the “Trademark”) solely to identify Adobe as the source of the Adobe RGB (1998) product or Adobe RGB technology, so long as such use complies with the terms of this Agreement, the trademark guidelines available at the “Permissions and trademarks” pages of the Adobe web site (www.adobe.com) and the “Adobe Trademark Guidelines for third parties who license, use or refer to Adobe trademarks,” also available from the Adobe web site. You acknowledge the validity of the Trademark and Adobe’s ownership of the Trademark. Nothing in this Agreement shall give you any right, title or interest in the Trademark, other than the license rights granted in this Agreement. You recognize the value of the goodwill associated with the Trademark and acknowledge that such goodwill exclusively inures to the benefit of and belongs to Adobe. Adobe and the Adobe logo are either registered trademarks or trademarks of Adobe in the United States and/or other countries. With the exception of referential use and the rights granted in this Agreement, you will not use such trademarks or any other Adobe trademark or logo without separate prior written permission granted by Adobe.
7. TERM This Agreement is effective until terminated. Adobe has the right to terminate this Agreement immediately if you fail to comply with any term hereof. Upon any such termination, you must return to Adobe all full and partial copies of the Software in your possession or control.
8. GOVERNMENT REGULATIONS If any part of the Software is identified as an export controlled item under the United States Export Administration Act or any other export law, restriction or regulation (the "Export Laws"), you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. GOVERNING LAW This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising out of, under or related to this Agreement will be brought exclusively in the state Santa Clara County, California, USA.
10. GENERAL You may not assign your rights or obligations granted under this Agreement without the prior written consent of Adobe. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Adobe, its agents, or employees, but only by an instrument in writing signed by an authorized signatory of Adobe. When conflicting language exists between this Agreement and any other agreement included in the Software, the terms of such included agreement shall apply. If either you or Adobe employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees. You acknowledge that you have read this Agreement, understand it, and that it is the complete and exclusive statement of your agreement with Adobe which supersedes any prior agreement, oral or written, between Adobe and you with respect to the licensing to you of the Software. No variation of the terms of this Agreement will be enforceable against Adobe unless Adobe gives its express consent, in writing, signed by an authorized signatory of Adobe.
Color Profile License agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS In this Agreement, "Adobe" means Adobe Systems Incorporated, a Delaware corporation, located at 345 Park Avenue, San Jose, California 95110. "Software" means the software and related items with which this Agreement is provided.
2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, non-exclusive, nontransferable, royalty-free license to use, reproduce, and publicly display the Software. Adobe also grants you the rights to distribute the Software only (a) as embedded within digital image files and (b) on a standalone basis. No other distribution of the Software is allowed; including, without limitation, distribution of the Software when incorporated into or bundled with any application software. You may not modify the Software. Adobe is under no obligation to provide any support under this Agreement, including upgrades or future versions of the Software or other items. No title to the intellectual property in the Software is transferred to you under the terms of this Agreement. You do not acquire any rights to the Software except as expressly set forth in this Agreement.
3. DISTRIBUTION If you choose to distribute the Software, you do so with the understanding that you agree to defend, indemnify, and hold harmless Adobe against any losses, damages, or costs arising from any claims, lawsuits, or other legal actions arising out of such distribution, including, without limitation, your failure to comply with this Section. If you distribute the Software on a standalone basis, you will do so under the terms of this Agreement or your own license agreement which (a) complies with the terms and conditions of this Agreement; (b) effectively disclaims all warranties and conditions, express or implied, on behalf of Adobe; (c) effectively excludes all liability for damages on behalf of Adobe; (d) states that any provisions that differ from this Agreement are offered by you alone and not Adobe; and (e) states that the Software is available from you or Adobe and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. Any distributed Software will include the Adobe copyright notices as included in the Software provided to you by Adobe.
4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS" basis. Adobe makes no representation as to the adequacy of the Software for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sections 4, 5, and 6 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement.
5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose.
6. TRADEMARKS Adobe and the Adobe logo are the registered trademarks or trademarks of Adobe in the United States and other countries. You will not use such trademarks or any other Adobe trademark or logo without separate prior written permission granted by Adobe.
7. TERM This Agreement is effective until terminated. Adobe has the right to terminate this Agreement immediately if you fail to comply with any term hereof. Upon any such termination, you must return to Adobe all full and partial copies of the Software in your possession or control.
8. GOVERNMENT REGULATIONS If any part of the Software is identified as an export controlled item under the United States Export Administration Act or any other export law, restriction or regulation (the "Export Laws"), you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. GOVERNING LAW This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising out of, under, or related to this Agreement will be brought exclusively in the state or federal courts located in Santa Clara County, California, USA.
10. GENERAL You may not assign your rights or obligations granted under this Agreement without the prior written consent of Adobe. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Adobe, its agents, or employees, but only by an instrument in writing signed by an authorized signatory of Adobe. When conflicting language exists between this Agreement and any other agreement included in the Software, the terms of such included agreement shall apply. If either you or Adobe employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. You acknowledge that you have read this Agreement, understand it, and that it is the complete and exclusive statement of your agreement with Adobe which supersedes any prior agreement, oral or written, between Adobe and you with respect to the licensing to you of the Software. No variation of the terms of this Agreement will be enforceable against Adobe unless Adobe gives its express consent, in writing, signed by an authorized signatory of Adobe.
DNG SDK License Agreement
NOTICE TO USER:
Adobe Systems Incorporated provides the Software and Documentation for use under the terms of this Agreement. Any download, installation, use, reproduction, modification or distribution of the Software or Documentation, or any derivatives or portions thereof, constitutes your acceptance of this Agreement.
As used in this Agreement, "Adobe" means Adobe Systems Incorporated. "Software" means the software code, in any format, including sample code and source code, accompanying this Agreement. "Documentation" means the documents, specifications and all other items accompanying this Agreement other than the Software.
1. LICENSE GRANT
Software License. Subject to the restrictions below and other terms of this Agreement, Adobe hereby grants you a non-exclusive, worldwide, royalty free license to use, reproduce, prepare derivative works from, publicly display, publicly perform, distribute and sublicense the Software for any purpose.
Document License. Subject to the terms of this Agreement, Adobe hereby grants you a non-exclusive, worldwide, royalty free license to make a limited number of copies of the Documentation for your development purposes and to publicly display, publicly perform and distribute such copies. You may not modify the Documentation.
2. RESTRICTIONS AND OWNERSHIP
You will not remove any copyright or other notice included in the Software or Documentation and you will include such notices in any copies of the Software that you distribute in human-readable format.
You will not copy, use, display, modify or distribute the Software or Documentation in any manner not permitted by this Agreement. No title to the intellectual property in the Software or Documentation is transferred to you under the terms of this Agreement. You do not acquire any rights to the Software or the Documentation except as expressly set forth in this Agreement. All rights not granted are reserved by Adobe.
3. DISCLAIMER OF WARRANTY
ADOBE PROVIDES THE SOFTWARE AND DOCUMENTATION ONLY ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADOBE MAKES NO WARRANTY THAT THE SOFTWARE OR DOCUMENTATION WILL BE ERROR-FREE. To the extent permissible, any warranties that are not and cannot be excluded by the foregoing are limited to ninety (90) days.
4. LIMITATION OF LIABILITY
ADOBE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE USE OF THE SOFTWARE OR DOCUMENTATION. IN NO EVENT WILL ADOBE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING LOST PROFITS, LOST SAVINGS, COSTS, FEES, OR EXPENSES OF ANY KIND ARISING OUT OF ANY PROVISION OF THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
5. INDEMNIFICATION
If you choose to distribute the Software in a commercial product, you do so with the understanding that you agree to defend, indemnify and hold harmless Adobe against any losses, damages and costs arising from the claims, lawsuits or other legal actions arising out of such distribution.
6. TRADEMARK USAGE
Adobe and the DNG logo are the trademarks or registered trademarks of Adobe Systems Incorporated in the United States and other countries. Such trademarks may not be used to endorse or promote any product unless expressly permitted under separate agreement with Adobe. For information on how to license the DNG logo please go to www.adobe.com.
7. TERM
Your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement. If all your rights under this Agreement terminate, you will immediately cease use and distribution of the Software and Documentation.
8. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes and laws of the State of California, without regard to the conflicts of law principles thereof. The federal and state courts located in Santa Clara County, California, USA, will have non-exclusive jurisdiction over any dispute arising out of this Agreement.
9. GENERAL
This Agreement supersedes any prior agreement, oral or written, between Adobe and you with respect to the licensing to you of the Software and Documentation. No variation of the terms of this Agreement will be enforceable against Adobe unless Adobe gives its express consent in writing signed by an authorized signatory of Adobe. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
For licensing information on the DNG File Format Specification, which is not included in the DNG SDK, please visit: http://www.adobe.com/products/dng/license.html.
DNG Specification patent license
Digital Negative (DNG) Specification patent license
Adobe is the publisher of the Digital Negative (DNG) Specification describing an image file format for storing camera raw information used in a wide range of hardware and software. Adobe provides the DNG Specification to the public for the purpose of encouraging implementation of this file format in a compliant manner. This document is a patent license granted by Adobe to individuals and organizations that desire to develop, market, and/or distribute hardware and software that reads and/or writes image files compliant with the DNG Specification.
Grant of rights
Subject to the terms below and solely to permit the reading and writing of image files that comply with the DNG Specification, Adobe hereby grants all individuals and organizations the worldwide, royalty-free, nontransferable, nonexclusive right under all Essential Claims to make, have made, use, sell, import, and distribute Compliant Implementations.
“Compliant Implementation” means a portion of a software or hardware product that reads or writes computer files compliant with the DNG Specification.
“DNG Specification” means any version of the Adobe DNG Specification made publicly available by Adobe (for example, version 1.0.0.0 dated September 2004).
“Essential Claim” means a claim of a patent, whenever and wherever issued, that Adobe has the right to license without payment of royalty or other fee that is unavoidably infringed by implementation of the DNG Specification. A claim is unavoidably infringed by the DNG Specification only when it is not possible to avoid infringing when conforming with such specification because there is no technically possible noninfringing alternative for achieving such conformity. Essential Claim does not include a claim that is infringed by implementation of (a) enabling technology that may be necessary to make or use any product or portion thereof that complies with the DNG Specification but is not itself expressly set forth in the DNG Specification (for example, compiler technology and basic operating system technology), (b) technology developed elsewhere and merely incorporated by reference in the DNG Specification, or (c) the implementation of file formats other than DNG.
Revocation
Adobe may revoke the rights granted above to any individual or organizational licensee in the event that such licensee or its affiliates brings any patent action against Adobe or its affiliates related to the reading or writing of files that comply with the DNG Specification.
Any Compliant Implementation distributed under this license must include the following notice displayed in a prominent manner within its source code and documentation: "This product includes DNG technology under license by Adobe.”
No warranty
The rights granted herein are provided on an as-is basis without warranty of any kind, including warranty of title or noninfringement. Nothing in this license shall be construed as (a) requiring the maintenance of any patent, (b) a warranty or representation as to the validity or scope of any patent, (c) a warranty or representation that any product or service will be free from infringement of any patent, (d) an agreement to bring or prosecute actions against any infringers of any patent, or (e) conferring any right or license under any patent claim other than Essential Claims.
Reservation of rights
All rights not expressly granted herein are reserved.
Patents pending in the United States and
other countries. Adobe and Flash are either trademarks or registered
trademarks in the United States and/or other countries.
Adobe End User License Agreement
http://www.adobe.com/products/eulas/
ADOBE
Personal Computer Software License Agreement
1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU
"AS IS" AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO
THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE
EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS
SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS,
REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY
QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL
NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF
THIS AGREEMENT.
1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Adobe
Software, you accept all the terms and conditions of this agreement, including, in particular, the
provisions on:
- Use (Section 3);
- Transferability (Section 5);
- Connectivity and Privacy (Section 7), including:
- Updating,
- Local Storage,
- Settings Manager,
- Peer Assisted Networking Technology,
- Content Protection Technology, and
- Use of Adobe Online Services;
- Warranty Disclaimer (Section 1.1), and;
- Liability Limitations (Sections 10 and 17).
Upon acceptance, this agreement is enforceable against you and any entity that obtained the
Software and on whose behalf it is used. If you do not agree, do not Use the Software.
1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only in
accordance with the terms of this agreement. Use of some third party materials included in the
Software may be subject to other terms and conditions typically found in a separate license
agreement, a "Read Me" file located near such materials or in the "Third Party Software Notices
and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty. Such other
terms and conditions will supersede all or portions of this agreement in the event of a conflict with
the terms and conditions of this agreement.
2. Definitions.
"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose,
California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems
Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company
organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
"Compatible Computer" means a Computer that conforms to the system requirements of the Software
as specified in the Documentation.
"Computer" means a virtual machine or physical personal electronic device that accepts information in
digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Personal Computer" or "PC" shall mean a hardware product which is designed and marketed with the
primary purpose of operating a wide variety of productivity, entertainment, and other software
applications provided by unrelated third party software vendors, which operates depending upon the
use of a full function and full feature set computer operating system of the type(s) then in widespread
use with hardware to operate general purpose laptop, desktop, server, and large format tablet
microprocessor based computers. This definition of Personal Computer shall exclude hardware
products that are designed and/or marketed to have as their primary purpose any number of the
following: television, television receiver, portable media player, audio/video receiver, radio, audio
headphone, audio speaker, personal digital assistant ("PDA"), telephone or similar telephony based
device, game console, personal video recorder ("PVR"), player for digital versatile disc ("DVD") or other
optical media, video camera, still camera, camcorder, video editing and format conversion device, video
image projection device, and shall further exclude any similar type of consumer, professional or
industrial device.
"Software" means (a) all of the contents of the files (delivered electronically or on physical media), or
disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third
party computer information or software, including Adobe Reader® ("Adobe Reader"), Adobe® AIR®
("Adobe AIR"), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR
and the Flash, Shockwave and Authorware players are the "Adobe Runtimes"); (ii) related explanatory
written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions,
updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively,
"Updates").
"Use" means to access, install, download, copy, or otherwise benefit from using the functionality of the
Software.
3. Software License.
If you obtained the Software from Adobe or one of its authorized licensees, and subject to your
compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to
you a non-exclusive license to Use the Software in the manner and for the purposes described in the
Documentation as follows:
3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See
Section 4 for important restrictions on the Use of the Software.
3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file
server. For information on Use of Software on a computer file server please refer to
http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or
http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For
information about obtaining the right to distribute the Software on tangible media or through an
internal network or with your product or service please refer to
http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or
http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not
installed or used other than for archival purposes. You may not transfer the rights to a backup copy
unless you transfer all rights in the Software as provided under Section 5.
4. Obligations and Restrictions.
4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or with any
embedded or device version of any operating system. For the avoidance of doubt, and by example only,
you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone,
game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its
successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected
device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk,
remote control device, or any other consumer electronics device, (b) operator-based mobile, cable,
satellite, or television system or (c) other closed system device. No right or license to Use any Adobe
Runtime is granted for such prohibited uses. For information on Software license terms for non-PC
versions of Adobe Runtimes please visit http://www.adobe.com/go/runtime_mobile_EULA. For
information on licensing Adobe Runtimes for distribution on such systems please visit
http://www.adobe.com/go/licensing.
4.1.1 AVC Video Restrictions. The Software may contain H.264/AVC video technology, the use of which
requires the following notice from MPEG-LA, L.L.C.:
THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE
AVC STANDARD ("AVC VIDEO") AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A
CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED
FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL
BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE http://www.adobe.com/go/mpegla.
4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding functionality available in the
Adobe Runtimes is licensed solely for personal, non-commercial use. For more information on
obtaining the right to use the H.264/AVC software encoding functionality for commercial purposes,
please refer to http://www.adobe.com/go/licensing.
4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or device
that circumvents technological measures for the protection of video, audio, and/or data content,
including any of Adobe’s secure RTMP measures. No right or license to use Adobe Flash Player is
granted for such prohibited uses.
4.3 Adobe Reader Restrictions.
4.3.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software, plugin
or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF files
into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).
4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not
developed in accordance with the Adobe Integration Key License Agreement, more information can be
found at http://www.adobe.com/go/rikla_program.
4.3.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear
disabled or "grayed out" (the "Disabled Features"). Disabled Features will activate only when opening a
PDF document that was created using enabling technology available only from Adobe. You will not
access, or attempt to access, any Disabled Features other than through the use of such enabling
technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any Disabled
Feature or otherwise circumvent the technology that controls activation of any such feature. For more
information on disabled features, please refer to http://www.adobe.com/go/readerextensions.
4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or
in the Software.
4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate, or create derivative
works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code of the Software. If you are located in the European Union, please
refer to the additional terms at the end of this agreement under the header "European Union
Provisions," in Section 16.
5. Transfer.
You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any
portion of the Software to be copied onto another user’s Computer except as may be expressly
permitted by this agreement. You may, however, transfer all your rights to Use the Software to another
person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all
other software or hardware bundled or pre-installed with the Software, including all copies, Updates,
and prior versions, to such person or entity, (b) you retain no copies, including backups and copies
stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement
and any other terms and conditions upon which you obtained a valid license to the Software.
Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of
the Software.
6. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of Adobe and its
suppliers. The structure, organization, and code of the Software are the valuable intellectually property
(e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected by
law, including without limitation the copyright laws of the United States and other countries, and by
international treaty provisions. Except as expressly stated herein, this agreement does not grant you any
intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe
and its suppliers.
7. Connectivity and Privacy. You acknowledge and agree to the following:
7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display
ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party.
Your Internet Protocol address ("IP Address") is sent when this happens. The party hosting the site may
use technology to send (or "serve") advertising or other electronic content that appears in or near the
opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags
or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements
and to personalize advertising content. Your communication with Adobe websites is governed by the
Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy ("Adobe Online Privacy
Policy"). Adobe may not have access to or control over features that a third party may use, and the
information practices of third party websites are not covered by the Adobe Online Privacy Policy.
7.2 Updating. If your Computer is connected to the Internet, the Software may, without additional
notice, check for Updates that are available for automatic download and installation to your Computer
and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically
downloaded but not installed without additional notice unless you change your preferences to accept
automatic installation. Only non-personally identifying information is transmitted to Adobe when this
happens, except to the extent that IP Addresses may be considered personally identifiable in some
jurisdictions. The use of such information, including your IP Address, as provided by the auto update
process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for
information about changing default update settings at http://www.adobe.com/go/settingsmanager for
Flash Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader, and
http://www.adobe.com/go/air_update_details for Adobe AIR.
7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain information on
your Computer in a local data file known as a local shared object. The type and amount of information
that the third party application requests to be stored in a local shared object can vary by application and
such requests are controlled by the third party. To find more information on local shared objects and
learn how to limit or control the storage of local shared objects on your Computer, please visit
http://www.adobe.com/go/flashplayer_security.
7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user
settings by storing them on your Computer as a local shared object. These settings do not contain
personally identifiable information associated with you. They are associated with the instance of Flash
Player or the third-party program using Adobe AIR on your Computer, allowing you to customize
runtime features. The Flash Player Settings Manager permits you to modify such settings, including the
ability to limit third parties from storing local shared objects or grant third party content the right to
access your computer’s microphone and camera. You can find more information on how to configure
settings in your version of Flash Player, including information on how to disable local shared objects
using the Flash Player Settings Manager, at http://www.adobe.com/go/settingsmanager. You can
remove equivalent settings for third-party programs using Adobe AIR by uninstalling the third-party
program.
7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the
ability for applications built by third parties to connect to an Adobe Server or Service and permit direct
communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a
peer or distributed network that allows a portion of your resources, such as network bandwidth, to be
made directly available to other participants. Prior to joining such peer or distributed network, you will
be provided with the opportunity to accept such connectivity. You can manage Peer Assisted
Networking settings using the Flash Player Settings Manager. Learn more about using the Settings
Manager at http://www.adobe.com/go/settingsmanager. You can find more information on Peer
Assisted Networking at http://www.adobe.com/go/RTMFP.
7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been
protected with Adobe Flash Media Rights Management Server or Flash Access software ("Content
Protection"), in order to let you play the protected content, the Software may automatically request
media usage rights and individualization from a server on the Internet, and may download and install
required components of the Software, including any available Content Protection Updates. You can
clear the content license information using the Flash Player Settings Manager. Learn more about using
the Settings Manager at http://www.adobe.com/go/settingsmanager. You can find more information on
Content Protection at http://www.adobe.com/go/protected_content.
7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may,
without additional notice and on an intermittent or regular basis, facilitate your access to content and
services that are hosted on websites maintained by Adobe or its affiliates ("Adobe Online Services").
Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some
cases an Adobe Online Service might appear as a feature or extension within the Software even though
it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate
subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe
Online Services might not be available in all languages or to residents of all countries and Adobe may, at
any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe
also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was
previously offered at no charge. If your Computer is connected to the Internet, the Software may,
without additional notice, update downloadable materials from these Adobe Online Services so as to
provide immediate availability of these Adobe Online Services even when you are offline. When the
Software connects to the Internet as a function of an Adobe Online Service, your IP Address, user name,
and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional
Terms of Use or the "help" menu in the Software. This information may be used by Adobe to send you
transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing
to provide information about the Software and other Adobe products and Services, including but not
limited to Adobe Online Services, based on certain Software specific features including but not limited
to, the version of the Software, including without limitation, platform version, version of the Software,
and language. For further information about in-product marketing, please see the "help" menu in the
Software. Whenever the Software makes an Internet connection and communicates with an Adobe
website, whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall
apply. Additionally, unless you are provided with separate terms of use at that time, the Adobe.com
Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy
allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web
beacons, and similar devices.
8. Third Party Offerings. You acknowledge and agree to the following:
8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party
content, software applications, and data services, including rich Internet applications ("Third Party
Offerings"). Your access to and use of any Third Party Offering, including any goods, services, or
information, is governed by the terms and conditions respecting such offerings and copyright laws of the
United States and other countries. Third Party Offerings are not owned or provided by Adobe. You agree
that you will not use any of such Third Party Offerings in violation of copyright laws of the United States
or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the
availability of any Third Party Offerings. Adobe does not control, endorse, or accept responsibility for
Third Party Offerings. Any dealings between you and any third party in connection with a Third Party
Offerings, including such party’s privacy policies and use of your personal information, delivery of and
payment for goods and services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such third party. Third Party Offerings might
not be available in all languages or to residents of all countries and Adobe or the third party may, at any
time and for any reason, modify or discontinue the availability of any Third Party Offerings.
8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE
AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER
THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10.
9. Digital Certificates. You acknowledge and agree to the following:
9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications
created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of
servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe
Reader uses digital certificates to sign and validate signatures within PDF documents and to validate
certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from
unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital
certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital
certificates. This access may be made both by the Software and by applications based on the Software.
Digital certificates are issued by third party certificate authorities, including Adobe Certified Document
Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust
List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found at
http://www.adobe.com/go/protected_content (collectively "Certification Authorities"), or can be selfsigned.
9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of
you and a Certification Authority. Before you rely upon any certified document, digital signature, or
Certification Authority services, you should review the applicable terms and conditions under which the
relevant Certification Authority provides services, including, for example, any subscriber agreements,
relying party agreements, certificate policies, and practice statements. See the links on
http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and
http://www.adobe.com/go/aatl for information about Adobe’s AATL vendors.
9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time
of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the
security or integrity of a digital certificate may be compromised due to an act or omission by the signer
of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may
be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE
FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL
CERTIFICATES AT YOUR SOLE RISK.
9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party
beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it
were Adobe.
9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as expressly
provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or
claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use
of, or reliance on, by you or any third party that receives a document from you with a digital certificate,
any service of such authority, including, without limitation (a) reliance on an expired or revoked
certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any
applicable terms and conditions, this agreement, or applicable law; (d) failure to exercise reasonable
judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform
any of the obligations as required in the terms and conditions related to the services.
10. Limitation of Liability.
IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR
ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND
CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement
limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s negligence
or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for
the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in
this agreement, but in no other respects and for no other purpose. For further information, please see
the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Customer
Support Department.
11. Export Rules.
You agree that the Software will not be shipped, transferred, or exported into any country or used in any
manner prohibited by the United States Export Administration Act or any other export laws, restrictions,
or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export
controlled items under the Export Laws, you represent and warrant that you are not a citizen, or
otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba,
and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the
Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail
to comply with the terms of this agreement.
12. Governing Law.
If you are a consumer who uses the Software for only personal non-business purposes, then this
agreement will be governed by the laws of the state in which you purchased the license to use the
Software. If you are not such a consumer, this agreement will be governed by and construed in
accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is
obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software
is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you
are in a member state of the Association of Southeast Asian Nations, the People’s Republic of China
(including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a
license to the Software is obtained when you are in any jurisdiction not described above. The respective
courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when
Japanese law applies, and the competent courts of London, England, when the law of England applies,
shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore
law applies, any dispute arising out of or in connection with this agreement, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in
Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre
("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this
section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected
within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the
SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any
provision in this agreement, Adobe or you may request any judicial, administrative, or other authority to
order any provisional or conservatory measure, including injunctive relief, specific performance, or other
equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for
the preservation of its rights and interests or to enforce specific terms that are suitable for provisional
remedies. The English version of this agreement will be the version used when interpreting or
construing this agreement. This agreement will not be governed by the conflict of law rules of any
jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
13. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance
of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall
not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be
modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by
Adobe with additional or different terms. This is the entire agreement between Adobe and you relating
to the Software and it supersedes any prior representations, discussions, undertakings, communications,
or advertising relating to the Software.
14. Notice to U.S. Government End Users.
For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws
including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the
Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60,
60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence
shall be incorporated by reference in this agreement.
15. Compliance with Licenses.
If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized
representative, you will, within thirty (30) days, fully document and certify that use of any and all
Software at the time of the request is in conformity with your valid licenses from Adobe.
16. European Union Provisions.
Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to
decompile the Software that you may enjoy under mandatory law. For example, if you are located in the
European Union (EU), you may have the right upon certain conditions specified in the applicable law to
decompile the Software if it is necessary to do so in order to achieve interoperability of the Software
with another software program, and you have first asked Adobe in writing to provide the information
necessary to achieve such interoperability and Adobe has not made such information available. In
addition, such decompilation may only be done by you or someone else entitled to use a copy of the
Software on your behalf. Adobe has the right to impose reasonable conditions before providing such
information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only
be used by you for the purpose described herein and may not be disclosed to any third party or used to
create any software which is substantially similar to the expression of the Software or used for any other
act which infringes Adobe or its licensors’ copyright.
17. Specific Provisions and Exceptions.
17.1 Limitation of Liability for Users Residing in Germany and Austria.
17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then
Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability
for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of damages as
typically foreseeable at the time of entering into the license agreement in respect of damages caused by
a slightly negligent breach of a material contractual obligation and (b) Adobe shall not be liable for
damages caused by a slightly negligent breach of a non-material contractual obligation.
17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in
particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee
or liability for culpably caused personal injuries.
17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to
make back-up copies of the Software and your computer data subject to the provisions of this
agreement.
If you have any questions regarding this agreement, or if you wish to request any information from
Adobe, please use the address and contact information included with this product or via the web at
http://www.adobe.com to contact the Adobe office serving your jurisdiction.
Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or
trademarks of Adobe Systems Incorporated in the United States and/or other countries.
PlatformClients_PC_WWEULA-en_US-20110809_1357
ADOBE SYSTEMS INCORPORATED
SOFTWARE DEVELOPMENT KIT
LICENSE AGREEMENT
Adobe® Flex® 4 SDK
1. NO WARRANTY, LIMITATION OF LIABILITY, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
1.1 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE THAT THE SDK MAY BE PRONE TO BUGS AND/OR STABILITY ISSUES. THE SDK IS PROVIDED TO YOU "AS IS," AND ADOBE AND ITS SUPPLIERS DISCLAIM ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND. YOU ACKNOWLEDGE THAT ADOBE MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK INCLUDING ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK AND YOUR USE OF AND OUTPUT FROM THE SDK. Adobe is not obligated to provide maintenance, technical support or updates to you for any portion of the SDK. The foregoing limitations, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
1.2 LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SDK, IF ANY. THIS LIMITATION ON ADOBE AND ITS SUPPLIERS WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this Agreement limits Adobe’s, or its suppliers, liability to you in the event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.
1.3 Binding Agreement. This Agreement governs installation and use of the Flex SDK. You agree that this Agreement is like any written negotiated agreement signed by you. By clicking to acknowledge agreement to be bound during review of an electronic version of this Agreement or by downloading, copying, installing or using any portion of this SDK, you accept all the terms and conditions of this Agreement. This Agreement is enforceable against you and any person or entity that obtains this SDK or on whose behalf they are used: for example, your employer. If you do not agree to the terms of this Agreement, do not use any portion of this SDK. This Agreement shall apply to any portion of the SDK, regardless of whether other software is referred to or described herein.
1.4 Additional Terms and Agreements. You may have a separate written agreement with Adobe that supplements or supersedes all or portions of this Agreement. Your use of some third party materials included in the SDK may be subject to other terms and conditions typically found in a separate license agreement or a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty. Such other terms and conditions may require you to pass through notices to your end users. Such other terms and conditions will supersede all or portions of this Agreement in the event of a conflict with the terms and conditions of this Agreement.
2. Definitions.
2.1 "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if Section 9(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
2.2 "Authorized Users" means employees and individual contractors (i.e., temporary employees) of you.
2.3 "Build Tools" means build files, compilers, runtime libraries (but not the complete Runtime Software), and other tools accompanying this Agreement, including, for example, the contents of the bin, lib, and runtime directories, adl.exe, adl.bat and adt.jar.
2.4 "Developer Programs" means your applications, libraries, components or programs that are created using portions of this SDK in accordance with the terms of this Agreement.
2.5 "Documentation" means the written materials accompanying this Agreement, including, for example, technical specifications, file format documentation and application programming interface (API) information.
2.6 "Effective Date" means the date that you download or otherwise access the any portion of the SDK.
2.7 "Material Improvement" means perceptible, measurable and definable improvements that provide extended or additional significant and primary functionality and adds significant business value.
2.8 "Professional Component Source Files" means, if you receive the Build Tools and Documentation in connection with licensing Adobe Flash® Builder™, each Flex Framework source code file that is provided with the SDK in a directory or directories as specified by Adobe from time to time.
2.9 "Runtime Components" means any of the individual files, libraries, or executable code contained in the Runtime Software directory (e.g. the runtime folder) or the Runtime Software utilities included with the utilities directory or installer files.
2.10 "Runtime Software" means the Adobe runtime software in object code format named "Adobe AIR" or "Adobe Flash Player "that is to be installed by end-users and all updates to such software made available by Adobe.
2.11 "Sample Code" means sample software in source code format and found in directories labeled "samples" and "templates" and any other directory or directories as specified by Adobe from time to time.
2.12 "SDK" means the Build Tools, Documentation, Professional Component Source File, Runtime Components, Runtime Software, Sample Code, SDK Source Files, files, libraries and executables that are described in a "Read Me" file or other similar file as being included as part of the Flex Software Development Kit, including the build files, compilers, and related information, as well as the file format specifications, if any, and any related information accompanying this Flex Software Development Kit, including any updates thereto, that are downloaded to your computer or otherwise used by you.
2.13 "SDK Source Files" means source code files included in the directory "frameworks" that accompany this Agreement.
3. License and License Restrictions.
Subject to the terms and conditions of this Agreement, Adobe grants to you a non-exclusive, non-transferable license to use this SDK according to the terms and conditions of this Agreement, on the licensed platforms and configurations.
3.1 Build Tools, Documentation, Professional Component Source Files, Sample Code and SDK Source Files.
3.1.1 Build Tools and Documentation. Subject to the terms and conditions of this Agreement and except as otherwise expressly provided in this Agreement, Adobe grants you a non-exclusive, nontransferable license to (a) use the Build Tools and Documentation for the sole purpose of internally developing Developer Programs, and (b) use the Build Tools and Documentation as part of your website for the sole purpose of compiling the Developer Programs that are distributed through the your website. This Agreement does not grant you the right to distribute the Build Tools, Documentation or Runtime Software. For more information about obtaining the rights to distribute such components with your product or service, please refer to http://www.adobe.com/go/redistributeairsdk and http://opensource.adobe.com/wiki/display/flexsdk/Legal+Stuff.
3.1.2 Professional Component Source Files. With respect to each Professional Component Source Files and subject to the terms and conditions of this Agreement, if your version of the SDK includes Professional Component Source Files, Adobe grants you a non-exclusive, nontransferable license to (a) modify and reproduce such Professional Component Source File for use as a component of your Developer Programs provided that you add Material Improvements to such Professional Component Source File; (b) distribute such Professional Component Source File in object code form and/or source code form only as a component of Developer Programs that add Material Improvements to such Professional Component Source File subject to the requirements in Section 3.2 below; and (c) for the avoidance of doubt, you shall have no rights to the Professional Component Source Files (or the object code form of such files), except to the extent such Professional Component Source Files are provided to you in connection with your licensing of Flash Builder Premium.
3.1.3 Sample Code.
(a) Distribution with Developer Programs. You may modify the Sample Code solely for the purposes of designing, developing and testing your own Developer Programs. However, you are permitted to use, copy and redistribute its modified Sample Code only if all of the following conditions in 3.2 below are met.
(b) Distribution of Sample Code Stand-Alone. You may distribute Sample Code in source code or object code format on a stand-alone basis or as bundled with other software, as long as you first make modifications to such Sample Code that result in Material Improvements.
3.1.4 SDK Source Files.
(a) You may modify the SDK Source Files provided to you in human readable (i.e. source code) format. You may incorporate the modified SDK Source Files into your Developer Programs. You may not modify any other portions of the SDK, except as explicitly set forth in in this Agreement. You may not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary notices of Adobe (and its licensors, if any) appearing on or within any portion of this SDK other than Sample Code or SDK Source Files that constitute Material Improvements by you in accordance with this Agreement;
(b) You may distribute SDK Source Files in source code or object code format on a stand-alone basis or as bundled with other components useful to developers, as long as you first make modifications to such files that result in Material Improvements, and provided that you include a copyright notice reflecting copyright ownership in such modified files.
3.2 Additional Distribution Requirements. If you distribute Professional Component Source Files, Sample Code or SDK Source Files under this Agreement, you must (a) include a copyright notice in such code, files, the relevant Developer Program or other larger work incorporating such code or files, including every location in which any other copyright notice appears in such application and (b) distribute such object code and/or source code under the terms and conditions of an end user license agreement that provides (i) a prohibition against reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the subject Developer Program that is substantially similar to the prohibition set forth in Section 3.3.1 below; (ii) a statement that your suppliers disclaim all warranties, conditions, representations or terms with respect to the subject Developer Program; and (iii) a limitation of liability that disclaims all liability for the benefit of your suppliers. You may not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within such Professional Component Source File and/or Build Tools and Documentation, or any documentation relating to the Build Tools and Documentation. You may not make any statement that any Developer Program or other software is "certified" or otherwise guaranteed by Adobe. You may not use Adobe’s name, trademarks or logos to market any Developer Program or other software without written permission from Adobe. Adobe is not responsible to you or any other party for any software updates or support or other liability that may arise from your distribution. You may not use "flex," "flash," "fl", "adobe" or "air" in any new package or class names distributed with the Professional Component Source Files, Sample Code, or SDK Source Files. You agree to identify any modified files with a prominent notice stating that you have changed the file. Any Developer Programs developed by you will be designed to operate in connection with Adobe Flash Builder, Adobe Flex Data Services Software, Adobe LiveCycle Data Services, the Runtime Software or with portions of this SDK.
3.3 Restrictions.
3.3.1 No Modifications, No Reverse Engineering. Except as specifically provided herein, you shall not (a) modify, port, adapt or translate the any portion of this SDK; (b) add or delete any program files that would modify the functionality and/or appearance of other Adobe software and/or any component thereof; or (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any portion of this SDK. Notwithstanding the foregoing, decompiling the SDK is permitted to the extent the laws of your jurisdiction give you the right to do so to obtain information necessary to render the licensed portions of the SDK interoperable with other software; provided, however, that you must first request such information from Adobe and Adobe may, in its sole discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on such use of the source code to ensure that Adobe’s and its suppliers’ proprietary rights in the source code for the SDK are protected.
3.3.2 No Unbundling. The SDK may include various applications, utilities and components, may support multiple platforms and languages or may be provided to you on multiple media or in multiple copies. Nonetheless, the SDK is designed and provided to you as a single product to be used as a single product on computers and platforms as permitted herein. You are not required to use all component parts of the SDK, but you shall not unbundle or repackage the component parts of the SDK for distribution, transfer, resale or use on different computers.
3.3.3 No Transfer. You shall not sublicense, assign or transfer the SDK or your rights in the SDK, or authorize any portion of the SDK to be copied onto or accessed from another individual’s or entity’s computer except as may be explicitly provided in this Agreement. Notwithstanding anything to the contrary in this Section 3.3.3, you may transfer copies of the SDK installed on one of your computers to another one of your computers provided that the resulting installation and use of the SDK is in accordance with the terms of this Agreement and does not cause you to exceed your right to use the SDK under this Agreement.
3.3.4 Prohibited Use. Except as expressly authorized under this Agreement, you are prohibited from: (a) using the SDK on behalf of third parties; (b) renting, leasing, lending or granting other rights in the SDK, including rights on a membership or subscription basis; and (c) providing use of the SDK in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis; (d) creating or distributing any software, including any Developer Program, that interoperates with individual Runtime Components in a manner not documented by Adobe; (e) creating or distributing any software, including any Developer Programs, that is designed to interoperate with an un-installed instance of the Runtime Software; (f) distributing your Developer Program as an AIR application, if such application does not interoperate with the Runtime Software; (g) creating or distributing any Developer Program that runs without installation; (h) installing or using the Build Tools or other portions of the SDK to develop software prohibited by this Section 3.3. Failure to comply with this Section 3.3.4 is a breach of this Agreement that immediately terminates all rights granted to you herein.
3.3.5 Other Prohibitions. You will not use the SDK to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including any laws, regulations or rights respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or false advertising), or (c) interferes with the operability of Adobe or third-party programs or software.
3.3.6 AVC Codec Use. PORTIONS OF THIS PRODUCT ARE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.mpegla.com.
4. Indemnification.
You agree to defend, indemnify, and hold Adobe and its suppliers harmless from and against any and all liabilities, losses, actions, damages, lawsuits, or claims (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys fees), that arise or result from the use or distribution of any portion of the SDK or your Developer Programs, provided that Adobe gives you prompt written notice of any such claim, and cooperates with you, at your expense, in defending or settling such claim.
5. Intellectual Property Rights.
The SDK and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK is protected by copyright, including by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the SDK and all rights not expressly granted are reserved by Adobe.
6. MP3 Codec Use.
You may not modify the runtime libraries or any other Build Tools. You may not access MP3 codecs within the runtime libraries other than through the published runtime APIs. Development, use or distribution of a Developer Program that operates on non-PC devices and that decodes MP3 data not contained within a SWF, FLV or other file format that contains more than MP3 data may require one or more third-party license(s).
7. Export Rules.
You acknowledge that this SDK is subject to the U.S. Export Administration Regulations (the "EAR") and that you will comply with the EAR. You will not export or re-export this SDK, or any portion hereof, directly or indirectly, to: (1) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (2) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the SDK.
8. Adobe AIR Trademark Guidelines.
"Adobe® AIR®" is a trademark of Adobe that may not be used by others except under a written license from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Programs or in your company name, domain name or the name of a service related to Adobe AIR. You may indicate the interoperability of its Developer Program with the Adobe AIR Runtime Software, if true, by stating, for example, "works with Adobe® AIR®" or "for Adobe® AIR®." You may use the Adobe AIR trademark to refer to your Developer Program as an "Adobe® AIR® application" only as a statement that your Developer Program interoperates with the Adobe AIR Runtime Software.
9. Governing Law.
If you are a consumer who uses the SDK for only personal non-business purposes, then this Agreement will be governed by the laws of the state in which you purchased the license to use the SDK. If you are not such a consumer, this Agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the SDK is obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the SDK is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the SDK is obtained when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. Non-Blocking of Adobe Development.
You acknowledge that Adobe is currently developing or may develop technologies and products in the future that have or may have design and/or functionality similar to products that you may develop based on your license herein. Nothing in this Agreement shall impair, limit or curtail Adobe’s right to continue with its development, maintenance and/or distribution of Adobe’s technology or products. You agree that you shall not assert in any way any patent owned by you arising out of or in connection with this SDK or modifications made thereto against Adobe, its subsidiaries or affiliates, or their customers, direct or indirect, agents and contractors for the manufacture, use, import, licensing, offer for sale or sale of any Adobe products.
11. Term and Termination.
This Agreement will commence upon the Effective Date and continue in perpetuity unless terminated as set forth herein. Adobe may terminate this Agreement immediately if you breach any of its terms. Sections 1, 2, 3.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 will survive any termination of this Agreement. Upon termination of this Agreement, you will cease all use and distribution of the SDK and return to Adobe or destroy (with written confirmation of destruction) the SDK promptly at Adobe’s request, together with any copies thereof.
12. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. Updates may be licensed to you by Adobe with additional or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement. This is the entire agreement between Adobe and you relating to the SDK and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK. The use of "includes" or "including" in this Agreement shall mean "including without limitation."
13. Notice to U.S. Government End Users.
The SDK and any Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
14. Third-Party Beneficiary.
You acknowledge and agree that Adobe’s licensors (and/or Adobe if you obtained the SDK from any party other than Adobe) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with respect to the respective technology of such licensors and/or Adobe.
Adobe, AIR, Flash Builder, Flex and LiveCycle are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
Adobe_Flex_Software_Development_Kit-en_US-20100101_1530
ADOBE SYSTEMS INCORPORATED
ADOBE FLEX SOFTWARE DEVELOPMENT KIT
Software License Agreement.
NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNS INSTALLATION AND USE OF THE ADOBE SOFTWARE DESCRIBED HEREIN BY LICENSEES OF SUCH SOFTWARE. LICENSEE AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY LICENSEE. BY CLICKING TO ACKNOWLEDGE AGREEMENT TO BE BOUND DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE, OR DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, LICENSEE ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS AND USES THE SOFTWARE AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT INSTALLS OR USES THE SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.
THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE TO WHICH LICENSEE HAS OBTAINED A VALID LICENSE, REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
LICENSEE’S RIGHTS UNDER THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IN A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
1. Definitions.
1.1 "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 7(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Dublin, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
1.2 "Authorized Users" means employees and individual contractors (i.e., temporary employees) of Licensee.
1.3 "Computer" means one or more central processing units ("CPU") in a hardware device (including hardware devices accessed by multiple users through a network ("Server")) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
1.4 "Internal Network" means Licensee’s private, proprietary network resource accessible only by Authorized Users. "Internal Network" specifically excludes the Internet (as such term is commonly defined) or any other network community open to the public, including membership or subscription driven groups, associations or similar organizations. Connection by secure links such as VPN or dial up to Licensee’s Internal Network for the purpose of allowing Authorized Users to use the SDK Components should be deemed use over an Internal Network.
1.5 "Sample Code" means sample software in source code format and found in directories labeled "samples" and "templates."
1.6 "SDK Components" means the files, libraries, and executables (i) contained in the directories labeled flex_sdk_3, or as applicable, subsequently labeled directories(e.g.flex_sdk_4, etc.) , and/or (ii) that are described in a "Read Me" file or other similar file as being included as part of the Flex Software Development Kit and/or SDK Components and governed by this Agreement, including the Professional Component Source Files (as defined below in Section 2.1), build files, compilers, and related information, as well as the file format specifications, if any.
2. License.
Subject to the terms and conditions of this Agreement, Adobe grants to Licensee a perpetual, non-exclusive license to use the SDK Components delivered hereunder according to the terms and conditions of this Agreement, on Computers connected to Licensee’s Internal Network, on the licensed platforms and configurations.
2.1 SDK Components.
2.1.1 License Grant.
(a) SDK Components. Subject to the terms and conditions of this Agreement, Adobe grants Licensee a non-exclusive, nontransferable license to (A) use the SDK Components for the sole purpose of internally developing Developer Programs, and (B) use the SDK Components as part of Licensee’s website for the sole purpose of compiling the Developer Programs that are distributed through the Licensee’s website.
(b) Professional Component Source Files. Subject to the terms and conditions of this Agreement, with respect to each Professional Component Source File, Adobe grants Licensee a non-exclusive, nontransferable license to (A) modify and reproduce such Professional Component Source File (as defined below) for use as a component of Developer Programs that add Material Improvements to such Professional Component Source File, and (B) distribute such Professional Component Source File in object code form and/or source code form only as a component of Developer Programs that add Material Improvements to such Professional Component Source File, provided that (1) such Developer Programs are designed to operate in connection with Adobe Flex Builder, Adobe Flex Data Services Software, Adobe LiveCycle Data Services Software or the SDK Components, (2) Licensee distributes such object code and/or source code under the terms and conditions of an End User License Agreement, (3) Licensee includes a copyright notice reflecting the copyright ownership of Developer in such Developer Programs, (4) Licensee shall be solely responsible to its customers for any update or support obligation or other liability which may arise from such distribution, (5) Licensee does not make any statements that its Developer Program is "certified," or that its performance is guaranteed, by Adobe, (6) Licensee does not use Adobe’s name or trademarks to market its Developer Programs without written permission of Adobe, (7) Licensee does not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within such Professional Component Source File and/or SDK Components, or any documentation relating to the SDK Components, (8) Licensee causes any modified files to carry prominent notices stating that Licensee changed the files, (9) Licensee does not use "mx," "mxml," "flex," "flash," "livecycle" or "adobe" in any new package or class names distributed with such Professional Component Source File, and (10) Licensee complies with the below Adobe® AIR™ Trademark Use Terms. Any modified or merged portion of Professional Component Source Files is subject to this Agreement. For the avoidance of doubt, Licensee shall have no rights to the Professional Component Source Files (or the object code form of such files), except to the extent such Professional Component Source Files are provided to Licensee in connection with Licensee’s licensing of Flex Builder Professional.
(c) "Adobe® AIR™" is a trademark of Adobe that may not be used by others except under a written license from Adobe. Licensee may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Programs or in your company name, domain name or the name of a service related to Adobe AIR. Licensee may indicate the interoperability of its Developer Program with the Adobe AIR runtime software, if true, by stating, for example, "works with Adobe® AIR™" or "for Adobe® AIR™." Licensee may use the Adobe AIR trademark to refer to its Developer Program as an "Adobe® AIR™ application" only as a statement that its Developer Program interoperates with the Adobe AIR runtime software. For purposes of this Agreement, the terms in this paragraph shall constitute the "Adobe® AIR™ Trademark Use Terms."
2.1.2 Definitions Related To SDK Components.
(a) "Developer Programs" shall mean programs that are built consisting partly of the Professional Component Source Files and other SDK Components and partly of user’s Material Improvement to add to or extend the Professional Component Source Files.
(b) "End User License Agreement" means an end user license agreement that provides a: (1) limited, nonexclusive right to use the subject Developer Program; (2) set of provisions that ensures that any sublicensee of Licensee exercising the rights in such End User License Agreement complies with all restrictions and obligations set forth herein with respect to SDK Components; (3) prohibition against reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the subject Developer Program that is substantially similar to that set forth in Section 2.3.1 below; (4) statement that, if Licensee’s customer requires any Adobe software in order to use the Developer Program, (i) Licensee’s customer must obtain such Adobe software via a valid license, and (ii) Licensee’s customer’s use of such Adobe software must be in accordance with the terms and conditions of the end user license agreement that ships with such Adobe software; (5) statement that Licensee and its suppliers retain all right, title and interest in the subject Developer Program that is substantially similar to that set forth as Section 3 below, (6) statement that Licensee’s suppliers disclaim all warranties, conditions, representations or terms with respect to the subject Developer Program, and (7) limit of liability that disclaims all liability for the benefit of Licensee’s suppliers.
(c) "Material Improvement" shall mean perceptible, measurable and definable improvements to the Professional Component Source Files that provide extended or additional significant and primary functionality that add significant business value to the Professional Component Source Files.
(d) "Professional Component Source File" shall mean, if Licensee receives the SDK Components in connection with licensing Flex Builder, each Flex Framework source code file that is provided with the SDK Components in the directory labeled fbpro and/or another directory or directories as specified by Adobe from time to time.
2.1.3 Restrictions.
(a) General Restrictions. Except for the limited distribution rights as provided in Section 2.1.1 above with respect to Professional Component Source Files, Licensee may not distribute, sell, sublicense, rent, loan, or lease the SDK Components and/or any component thereof to any third party. Licensee also agrees not to add or delete any program files that would modify the functionality and/or appearance of other Adobe software and/or any component thereof.
(b) Development Restrictions. Licensee agrees that Licensee will not use the SDK Components to create, develop or use any program, software or service which (1) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (2) when used in the manner in which it is intended, violates any material law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); or (3) interferes with the operability of other Adobe or third-party programs or software.
(c) Indemnification. Licensee agrees to defend, indemnify, and hold Adobe and its suppliers harmless from and against any claims or lawsuits, including attorneys’ reasonable fees, that arise or result from the use or distribution of Developer Programs, provided that Adobe gives Licensee prompt written notice of any such claim, tenders to Licensee the defense or settlement of such a claim at Licensee’s expense, and cooperates with Licensee, at Licensee’s expense, in defending or settling such claim.
2.2 Sample Code. Licensee may modify the Sample Code solely for the purposes of designing, developing and testing Licensee’s own software applications. However, Licensee is permitted to use, copy and redistribute its modified Sample Code only if all of the following conditions are met: (a) Licensee includes Adobe’s copyright notice (if any) with Licensee’s application, including every location in which any other copyright notice appears in such application; and (b) Licensee does not otherwise use Adobe’s name, logos or other Adobe trademarks to market Licensee’s application. Licensee agrees to defend, indemnify, and hold Adobe and its suppliers harmless from and against any claims or lawsuits, including attorneys’ reasonable fees, that arise or result from the use or distribution of Licensee’s applications, provided that Adobe gives Licensee prompt written notice of any such claim, tenders to Licensee the defense or settlement of such a claim at Licensee’s expense, and cooperates with Licensee, at Licensee’s expense, in defending or settling such claim.
2.3 Restrictions
2.3.1 No Modifications, No Reverse Engineering. Except as specifically provided herein , Licensee shall not modify, port, adapt or translate the SDK Components. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SDK Components. Notwithstanding the foregoing, decompiling the SDK Components is permitted to the extent the laws of Licensee’s jurisdiction give Licensee the right to do so to obtain information necessary to render the SDK Components interoperable with other software; provided, however, that Licensee must first request such information from Adobe and Adobe may, in its discretion, either provide such information to Licensee or impose reasonable conditions, including a reasonable fee, on such use of the source code to ensure that Adobe’s and its suppliers’ proprietary rights in the source code for the SDK Components are protected.
2.3.2 No Unbundling. The SDK Components may include various applications, utilities and components, may support multiple platforms and languages or may be provided to Licensee on multiple media or in multiple copies. Nonetheless, the SDK Components are designed and provided to Licensee as a single product to be used as a single product on Computers and platforms as permitted herein. Licensee is not required to use all component parts of the SDK Components, but Licensee shall not unbundle the component parts of the SDK Components for use on different Computers. Licensee shall not unbundle or repackage the SDK Components for distribution, transfer or resale.
2.3.3 No Transfer. Licensee shall not sublicense, assign or transfer the SDK Components or Licensee’s rights in the SDK Components, or authorize any portion of the SDK Components to be copied onto or accessed from another individual’s or entity’s Computer except as may be explicitly provided in this Agreement. Notwithstanding anything to the contrary in this Section 2.3.3, Licensee may transfer copies of the SDK Components installed on one of Licensee’s Computers to another one of Licensee’s Computers provided that the resulting installation and use of the SDK Components is in accordance with the terms of this Agreement and does not cause Licensee to exceed Licensee’s right to use the SDK Components under this Agreement.
2.3.4 Prohibited Use. Except as expressly authorized under this Agreement, Licensee is prohibited from: (a) using the SDK Components on behalf of third parties; (b) renting, leasing, lending or granting other rights in the SDK Components including rights on a membership or subscription basis; and (c) providing use of the SDK Components in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis.
2.3.5 Export Rules. Licensee agrees that the SDK Components will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the SDK Components is identified as an export controlled item under the Export Laws, Licensee represents and warrants that Licensee is not a citizen of, or located within, an embargoed or otherwise restricted nation (including Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea) and that Licensee is not otherwise prohibited under the Export Laws from receiving the SDK Components. All rights to install and use the SDK Components are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.
3. Intellectual Property Rights.
The SDK Components and any copies that Licensee is authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK Components are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK Components is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant Licensee any intellectual property rights in the SDK Components and all rights not expressly granted are reserved by Adobe.
4. Updates.
If the SDK Components is an upgrade or update to a previous version of the SDK Components, Licensee must possess a valid license to such previous version in order to use such upgrade or update. All upgrades and updates are provided to Licensee subject to the terms of this Agreement on a license exchange basis. Licensee agrees that by using an upgrade or update, Licensee voluntarily terminates Licensee’s right to use any previous version of the SDK Components. As an exception, Licensee may continue to use previous versions of the SDK Components on Licensee’s Computers after Licensee obtains the upgrade or update but only for a reasonable period of time to assist Licensee in the transition to the upgrade or update, and further provided that such simultaneous use shall not be deemed to increase the number of copies, licensed amounts or scope of use granted to Licensee hereunder. Upgrades and updates may be licensed to Licensee by Adobe with additional or different terms.
5. NO WARRANTY.
No Warranty. Licensee acknowledges that the SDK Components is provided to Licensee "AS IS," and Adobe disclaims any warranty or liability obligations to Licensee of any kind. Licensee acknowledges that ADOBE MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. Adobe is not obligated to provide maintenance, technical support or updates to Licensee for any SDK Components. The foregoing limitations, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL ADOBE, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SDK COMPONENTS, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this Agreement limits Adobe’s liability to Licensee in the event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Licensee Support Department.
7. Governing Law.
This Agreement, each transaction entered into hereunder, and all matters arising from or related to this Agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the SDK Components is acquired when Licensee is in the United States, Canada, or Mexico; or (b) Japan, if a license to the SDK Components is acquired when Licensee is in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the SDK Components is purchased when Licensee is in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
8. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. Updates may be licensed to Licensee by Adobe with additional or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement. This is the entire agreement between Adobe and Licensee relating to the SDK Components and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK Components.
9. Notice to U.S. Government End Users.
9.1 Commercial Items. The SDK Components and any documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
9.2 U.S. Government Licensing of Adobe Technology. Licensee agrees that when licensing Adobe SDK Components for acquisition by the U.S. Government, or any contractor therefore, Licensee will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
10. Compliance with Licenses.
Adobe may, at its expense, and no more than once every twelve (12) months, appoint its own personnel or an independent third party to verify the number of copies and installations as well as usage of the Adobe software in use by Licensee. Any such verification shall be conducted upon seven (7) business days notice, during regular business hours at Licensee’s offices and shall not unreasonably interfere with Licensee’s business activities. Both Adobe and its auditors shall execute a commercially reasonable non-disclosure agreement with Licensee before proceeding with the verification. If such verification shows that Licensee is using a greater number of copies of the SDK Components than that legitimately licensed, or are deploying or using the SDK Components in any way not permitted under this Agreement and which would require additional license fees, Licensee shall pay the applicable fees for such additional copies within thirty (30) days of invoice date, with such underpaid fees being the license fees as per Adobe’s then-current, country specific, license fee list. If underpaid fees are in excess of five percent (5%) of the value of the fees paid under this Agreement, then Licensee shall pay such underpaid fees and Adobe’s reasonable costs of conducting the verification. This Section shall survive expiration or termination of this Agreement for a period of two (2) years.
11. Third-Party Beneficiary.
Licensee acknowledges and agrees that Adobe’s licensors (and/or Adobe if Licensee obtained the SDK Components from any party other than Adobe) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with respect to the respective technology of such licensors and/or Adobe.
12. Specific Provisions and Exceptions.
This section sets forth specific provisions related to certain components of the SDK Components as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
12.1 Limitation of Liability for Users Residing in Germany and Austria.
12.1.1 If Licensee obtained the SDK Components in Germany or Austria, and Licensee usually resides in such country, then Section 6 does not apply. Instead, subject to the provisions in Section 12.1.2, Adobe and its affiliates’ statutory liability for damages will be limited as follows: (i) Adobe and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
12.1.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
12.1.3 Licensee is required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the SDK Components and Licensee’s computer data subject to the provisions of this agreement.
13. Third Party Software.
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.adobe.com/go/thirdparty (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.
If Licensee has any questions regarding this agreement or if Licensee wishes to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving Licensee’s jurisdiction.
Adobe is either a registered trademark or trademark of Adobe Systems Incorporated in the United States and/or other countries.
Adobe_Flex_Software_Development_Kit-en_US-20071221_1748
Adobe General Terms of Use
Last updated June 18, 2014. Replaces the October 16, 2012 version in its entirety.
These terms govern your use of our website or services such as the Creative Cloud (collectively, "Services") and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively "Software"). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services.
1. How this Agreement Works.
1.1 Choice of Law. If you reside in North America, your relationship is with Adobe Systems Incorporated, a United States company, and the Services and Software are governed by the law of California, U.S.A. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and the Services and Software are governed by the law of Ireland. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.
1.2 Eligibility. You may only use the Services if you are (a) over 13 years old and (b) allowed by law to enter into a binding contract.
1.3 Privacy. The Privacy Policy at http://www.adobe.com/go/privacy governs any personal information you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy.
1.4 Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.
1.5 Software. The Software is licensed, not sold, only in accordance with these terms.
1.6 Additional Terms. Some Services or Software are also subject to the additional terms below (the "Additional Terms"). New Additional Terms may be added from time to time.
Acrobat.com Business Catalyst Adobe Translation Center CS6 Software
Adobe Content Server 4 Digital Publishing Suite PhoneGap Build CC 2013 Software
Behance EchoSign Typekit Adobe Creative SDK
Presenter Dashboard Service
1.7 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software.
1.8 Modification. We may modify or discontinue the Services, Software, or any portions or features thereof at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
2. Use of Service.
2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services.
2.2 Adobe Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.
2.3 Storage. When the Services provide storage, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account.
2.4 User-Generated Content. We may host user-generated content from our users. If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the ‘Report’ button to report the content to us.
3. Your Content.
3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
3.2 Licenses to Your Content in Order to Operate the Services. We require certain licenses from you to your content to operate and enable the Services. When you upload content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating and improving the Services.
3.3 Our Access. We will not access, view, or listen to any of your content, except as reasonably necessary to perform the Services. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these terms.
3.4 Sharing Your Content.
(a) Sharing. Some Services may provide features that allow you to Share your content with other users or to make it public. "Share" means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share.
(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.
(c) Comments. The Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups.
3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals ("Feedback"). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
3.7 Account Information.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
4. Use of Software.
4.1 Subscription-Based Software License.
If we provide the Software to you as part of your subscription to use the Services, then subject to your compliance with these terms, we grant you a non-exclusive license to install and use the Software: (a) in the Territory, (b) so long as your subscription is valid, and (c) consistent with these terms and related documentation accompanying the Software. "Territory" means worldwide, but excludes any U.S. embargoed countries and countries where you are prohibited from using the Software or the Services. You may activate the Software on up to 2 devices (or virtual machines) at a time, if these activations are associated with the same Adobe ID for the same individual, unless stated at http://www.adobe.com/go/activation. However, you may not use the Software on these devices simultaneously.
4.2 Device-Based Software License. If you have purchased a Software license based on number of devices (such as if you have purchased Creative Cloud for education), then this Section 4.2 applies:
(a) License. Subject to your compliance with these terms and the license scope specified in the documentation accompanying the Software, we grant you a non-exclusive license to install and use the Software: (1) in the Territory, (2) during the term of the license, (3) within the license scope, and (4) consistent with these terms and related documentation accompanying the Software.
(b) Distribution from a Server. If permitted in a license document between us and you, you may copy an image of the Software onto a computer file server within your Intranet for the purpose of downloading and installing the Software onto computers within the same Intranet. "Intranet" means a private, proprietary computer network you and your authorized employees and contractors can access. Intranet does not include portions of the Internet, network communities open to suppliers, vendors, or service providers, or network communities open to the public (such as membership or subscription-driven groups, associations, and similar organizations).
4.3 General License. If the Software is provided as part of the Services without restrictions on subscription or number of devices, then subject to your compliance with these terms, we grant you a non-exclusive license to install and use the Software (a) in the Territory, (b) for the purpose of using and accessing of the Services, and (c) consistent with these terms and related documentation accompanying the Software.
4.4 Other License Types.
(a) Evaluation Version. We may designate the Software or Services as "trial", "evaluation", "not for resale", or other similar designation ("Evaluation Version"). You may install and use the Evaluation Version only during the evaluation period and only for evaluation purposes. You must not use any materials you produce with the Evaluation Version for anything other than non-commercial purposes.
(b) Pre-release Version. We may designate the Software or Services as a pre-release or beta version ("Pre‑release Version"). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede this section.
(c) Education Version. If we designate the Software or Service as for use by educational users ("Educational Version"), then you may only use the Educational Version if you meet the eligibility requirements stated at http://www.adobe.com/go/edu_purchasing. You may install and use Educational Version only in the country where you are qualified as an educational user. If you reside in the European Economic Area, then the word "country" in the sentence preceding this one means the European Economic Area.
(d) Content Files. "Content Files" means Adobe-provided sample files such as stock images or sounds. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files.
(e) Software Development Kit. If the Software includes a software development kit ("SDK") that does not reference a separate license agreement, then you may use that SDK to develop applications that interoperate with the Software ("Developer Application"). The SDK may include source code of implementation examples ("Sample Code"), runtime components, or libraries that may be included in the Developer Application to ensure proper interoperation with the Software. You may use the SDK only for the purpose of internal development of Developer Applications and may redistribute the Sample Code, runtimes and libraries included in the SDK only as is necessary to properly implement the SDK in the Developer Application. You will indemnify us from any loss, damage, claims, or lawsuit, including attorney’s fees that arise or result from any Developer Application or your use of the SDK. Any separate license agreement for an SDK will supersede this section.
4.5 Restrictions and Requirements.
(a) Proprietary Notices. You must ensure that any permitted copy of the Software that you make contains the same copyright and other proprietary notices that appear on or in the Software.
(b) Restrictions. Unless permitted in these terms, you must not:
(1) modify, port, adapt, or translate the Software;
(2) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software;
(3) use or offer the Software on a service bureau basis;
(4) (i) circumvent technological measures intended to control access to the Software or (ii) develop, distribute, or use with the Software, products that circumvent the technological measures; or
(5) rent, lease, sell, sublicense, assign, or transfer your rights in the Software, or authorize any portion of the Software to be copied onto another’s device. If you purchase Creative Cloud for team or Creative Cloud for education (named user), then you may designate seats pursuant to the applicable documentation.
4.6 Territory. If you purchase more than one Software license, you must not install or deploy the Software outside of the country where you purchased the license unless otherwise permitted under volume licensing program you have entered into with us. If you live in the European Economic Area, "country" means the European Economic Area. We may terminate the license granted herein or suspend the Creative Cloud subscription or access to the Services if we determine that you are using the Software or Services in violation of this Section.
4.7 Activation.
The Software may require you to take certain steps to activate your Software or validate your subscription. Failure to activate or register the Software, validate the subscription, or a determination by us of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription.
5. User Conduct.
5.1 Responsible Use. The Adobe communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
5.2 Misuse. You must not misuse the Services or Software. For example, you must not:
(a) copy, modify, host, sublicense, or resell the Services;
(b) enable or allow others to use the Service or Software using your account information;
(c) use the content or Software included in the Services to construct any kind of database;
(d) access or attempt to access the Services by any means other than the interface we provided or authorized;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(f) Share content or engage in behavior that violates anyone’s Intellectual Property Right ("Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(g) Share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) attempt to disable, impair, or destroy the Services, software, or hardware;
(j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
(l) market or advertise any products or services through the Services unless we specifically allowed you to do so;
(m) use any data mining or similar data gathering and extraction methods in connection with the Services; or
(n) violate applicable law.
6. Fees.
You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
7. Your Warranty and Indemnification Obligations.
7.1 Warranty. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.
7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.
8. Disclaimers of Warranties.
8.1 Unless stated in the Additional Terms, the Services and Software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
8.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
9. Limitation of Liability.
9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b)based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
9.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.
10. Termination.
10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
10.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may at any time terminate these terms with you if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part; or
(e) there has been an extended period of inactivity in your free account.
10.3 Termination by Group Administrator. Group administrators for a Service such as "Creative Cloud for team" may terminate a user’s access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access content that you or other users of the group have shared on a shared workspace within that Service.
10.4 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.
11. Investigations.
11.1 Screening. We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords).
11.2 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
12. Export Control Laws.
The Software, Services, content, and your use of the Software, Services, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations.
13. Dispute Resolution.
13.1 Venue. Any claim or dispute you may have against us must be resolved by (a) a court located in Santa Clara County, California, U.S.A., if the law of California, U.S.A., governs the Services, and (b) a court located in Dublin, Ireland, if the law of Ireland governs the Services. You agree to submit to the personal jurisdiction of the applicable court for the purpose of litigating the claim or dispute. The parties specifically disclaim the applicability of the U.N. Convention on Contracts for the International Sale of Goods.
13.2 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14. Specific Software Terms.
This section applies to specific Software and components. If there is any conflict between this section and other sections, then this section governs in relation to the relevant Software or components.
14.1 Font Software. If the Software includes font software (except for fonts available under Typekit, which is governed by its Additional Terms):
(a) You may provide font(s) you have used for a particular file to a commercial printer or other service bureau, and the service bureau may use the font(s) to process its file, provided the service bureau has a valid license to use that particular font software.
(b) You may embed copies of the font software into its electronic documents for the purpose of printing, viewing, and editing the document. No other embedding rights are implied or permitted under this license.
(c) As an exception to the above, the fonts listed at http://www.adobe.com/go/restricted_fonts re included with the Software only for purposes of operation of the Software user interface and not for inclusion within any output files. The listed fonts are not licensed under this Section 14.1. You may not copy, move, activate or use, or allow any font management tool to copy, move, activate or use, the listed fonts in or with any software application, program, or file other than the Software.
(d) Open-Source Fonts. Some fonts distributed by Adobe with the Software may be open-source fonts. Your use of these open-source fonts will be governed by the applicable license terms available at http://www.adobe.com/go/font_licensing.
14.2 After Effects Render Engine. If the Software includes the full version of Adobe After Effects, then you may install an unlimited number of Render Engines on computers within your Intranet which includes at least one device on which the full version of the Adobe After Effects software is installed. The term "Render Engine" means an installable portion of the Software that allows After Effects projects to be rendered but which cannot be used to create or modify projects and does not include the complete After Effects user interface.
14.3 Acrobat. If the Software includes Acrobat Standard, Acrobat Pro, Acrobat Suite, or certain features within this software, then this Section 14.3 applies.
(a) Additional Definitions.
(1) "Deploy" means to deliver or otherwise make available, directly or indirectly, by any means including but not limited to a network or Internet, an Extended Document to one or more recipients.
(2) "Extended Document" means a PDF file manipulated by the Software to enable the ability to locally save documents with filled-in PDF forms.
(b) The Software may include enabling technology that allows you to enable PDF documents with certain features through the use of a digital credential located within the Software ("Key"). You must not access, attempt to access, control, disable, remove, use, or distribute the Key for any purpose.
(c) For any unique Extended Document, you may only (a) Deploy that Extended Document to an unlimited number of recipients, but you may not extract data from more than 500 instances of the Extended Document (or any hardcopy representation of that Extended Document) that contains data from a recipient; or (b) Deploy an Extended Document to no more than 500 recipients without limits on the number of times you may extract data from a recipient from that Extended Document. Obtaining additional licenses to use Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite will not increase the foregoing limits (that is, the foregoing limits are the aggregate total limits regardless of how many additional licenses to use Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite you may have obtained). For the avoidance of doubt, if you purchase another Adobe product or service that allows you to send a greater number of PDF files or forms (e.g., Adobe FormsCentral or Adobe LiveCycle Reader Extensions), then the terms of that Adobe product or service supersedes the terms of this Section 14.3.
(d) Digital Certificates. Digital certificates may be issued by third party certificate authorities, including Adobe Certified Document Services vendors, Adobe Approved Trust List vendors (collectively "Certificate Authorities"), or may be self-signed. You and the Certified Authority are responsible for the purchase, use, and reliance upon digital certificates. You are solely responsible for deciding whether or not to rely on a certificate. Unless a separate written warranty is provided to you by a Certificate Authority, your use of digital certificates is at your sole risk. You will indemnify Adobe from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys’ fees) arising out of or relating to your use of, or any reliance on, any digital certificate or Certificate Authority.
14.4 Adobe Runtime. If the Software includes Adobe AIR, Adobe Flash Player, Shockwave Player, or Authorware Player (collectively "Adobe Runtime"), then this Section 14.4 applies:
(a) Adobe Runtime Restrictions. You must not use Adobe Runtimes on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not use Adobe Runtimes on any (1) mobile device, set top box, handheld, phone, game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, remote control device, or any other consumer electronics device; (2) operator-based mobile, cable, satellite, or television system; or (3) other closed system device. Additional information on licensing Adobe Runtimes is available at http://www.adobe.com/go/licensing.
(b) Adobe Runtime Distribution. You must not distribute an Adobe Runtime except as a fully integrated portion of a developer application that is created using the Software, including the utilities provided with the Software, for example as part of an application that is packaged to run on the Apple iOS or Android™ operating systems. Distribution of the resulting output file or developer application on a non-PC device requires you to obtain licenses which may be subject to additional royalties. It is solely your responsibility to obtain licenses for non-PC devices and pay applicable royalties; we grant no license to any third party technologies to run developer applications or output files on non-PC devices under these terms. Except as expressly provided in this Section, you may not distribute Adobe Runtime.
14.5 Contribute Publishing Services. Subject to the Contribute Publishing Services software end user license agreement accompanying the Software, you may not connect to the Contribute Publishing Services software unless you have purchased a license to connect to the Contribute Publishing Services software for each individual who may connect to the Contribute Publishing Services software. However, trial versions of Adobe Contribute software may install and connect to the Contribute Publishing Services software in accordance with the Contribute Publishing Services software end user license agreement.
14.6 Adobe Presenter. If the Software includes Adobe Presenter and you install or use the Adobe Connect Add-in in connection with the use of the Software, you must not install or use the Adobe Connect Add-in on anything other than a computer, and you must not install or use the Adobe Add-In on any non-PC product, including, but not limited to, a web appliance, set top box, handheld, phone, or web pad device. Further, you may only use the portion of the Software that is embedded in a presentation, information, or content created and generated using the Software (the "Adobe Presenter Run-Time") together with the presentation, information, or content in which it is embedded. You must not use, and must cause all licensees of the presentation, information, or content not to use, the Adobe Presenter Run-Time other than as embedded in the presentation, information or content. In addition, you must not use, and must cause all licensees of the presentation, information, or content not to, modify, reverse engineer, or disassemble the Adobe Presenter Run-Time.
14.7 Flash Builder with LiveCycle Data Services Data Management Library. Adobe Flash Builder may include the fds.swc library. You must not use fds.swc for any purpose other than to provide client-side data management capabilities and as an output file within software you develop, subject to the following: You must not (a) use fds.swc to enable associations or offline capabilities within software or (b) incorporate fds.swc into any software that is similar to Adobe LiveCycle Data Services or BlazeDS. If you would like to do any of the foregoing, you will need to request a separate license from us.
14.8 Digital Publishing Suite ("DPS") and InDesign. If the Software includes certain components designed to work with or access the DPS services ("DPS Desktop Tools"), then you must only install and use the DPS Desktop Tools to (a) create or produce the content to be displayed within a Content Viewer (as defined in the terms of use related to DPS; the content is referred to as "Output"); (b) evaluate and testing the Output; or (c) where available, accessing and using DPS. Except as explicitly permitted in this Section 14.8, you must not display, distribute, modify, or publicly perform the DPS Desktop Tools.
15. Jurisdiction-Specific Terms.
This section applies to specific jurisdictions. If there is any conflict between this section and other sections, then this section governs in relation to the relevant jurisdiction.
15.1 New Zealand. For consumers in New Zealand who obtain the Software for personal, domestic, or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act.
15.2 European Economic Area.
(a) Warranty. If you obtained the Software in the European Economic Area (EEA), you usually reside in the EEA and you are a consumer (that is, your use of the Software is for personal, non-business related purposes), then your warranty period with regard to the Software is the duration of your subscription. Our entire liability related to any warranty claim and your sole and exclusive remedy under any warranty will be limited to either, at our option, support of our Software based on the warranty claim, replacement of the Software, or if support or replacement is not practicable, refund of prepaid and unused subscription fee proportionate to the specific Software. Furthermore, while these terms apply to any damages claims you make in respect of your use of the Software, we will be liable for direct losses that are reasonably foreseeable in the event of our breach of this agreement. You should take all reasonable measures to avoid and reduce damages, in particular by making backup copies of the Software and its computer data.
(b) Decompilation. Nothing included in these terms limits any non-waivable right to decompile the Software that you may enjoy under the law. For example, if you are located in the European Union (EU), you may have the right under applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program and we has not made this information available. Under this circumstance, you must first ask us in writing to provide the information necessary to achieve this interoperability. In addition, the decompilation may only be performed by you or someone who may use the Software on your behalf. We have the right to impose reasonable conditions before providing the information. You may use the information we supply or that you obtain only for the purpose described in this paragraph. You may not disclose the information to any third party or use the information in a manner that infringes our copyright or a copyright of one or our licensors.
15.3 Australia. If you obtained the Software in Australia, then the following provision applies, notwithstanding anything stated to the contrary in these terms:
NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
16. Notice to U.S. Government End Users.
For U.S. Government procurements, Software is a commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government must be in accordance with license rights and restrictions described in these terms.
17. Notification of Copyright Infringement.
17.1 DMCA. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act ("DMCA").
17.2 Take-Down Notice. If you believe that your work has been infringed in connection with the Services, please provide written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below) that contains all of the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) infringed;
(c) A description of where the content that you claim is infringing is located on the Services;
(d) Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at the U.S. Copyright website or at www.chillingeffects.org.
17.3 Counter-Notice. If you believe we disabled or removed access to your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below), which must contain all of the following elements:
(a) A physical or electronic signature of the subscriber;
(b) Identification of the content that was removed from the Services and the location of the Service on which the content appeared before it was removed;
(c) A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;
(d) Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address; and
(e) A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Santa Clara County, California if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of the person.
Before you file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the content was removed by mistake. If you are unsure whether use of the content at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at www.chillingeffects.org.
17.4 Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Copyright Agent
Adobe Systems Incorporated
601 Townsend Street
San Francisco, CA 94103
By fax: (415) 723‑7869
By email: copyright@adobe.com
By telephone: (408) 536‑4030
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Services. All other inquiries directed to the Copyright Agent will not be responded to.
18. Compliance with Licenses.
If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
19. Miscellaneous.
19.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.
19.2 Notice to Adobe. You may send the notices to us to at the following address: Adobe Systems, 345 Park Avenue, San Jose, California 95110‑2704, Attention: General Counsel.
19.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
19.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
19.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent. We may transfer our rights under these terms to a third party.
19.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
19.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
20. Third-Party Notices.
20.1 Third-Party Software. The Software may contain third-party software, subject to additional terms and conditions, available at http://www.adobe.com/go/thirdparty.
20.2 AVC DISTRIBUTION. The following notice applies to Software containing AVC import and export functionality: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (a) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (b) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.adobe.com/go/mpegla.
20.3 MPEG-2 DISTRIBUTION. The following notice applies to Software containing MPEG 2 import and export functionality: USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG 2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG 2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C. 250 STEELE STREET, SUITE 300 DENVER, COLORADO 80206.
21. Application Platform Terms.
21.1 Apple. If the Software is downloaded from the Apple iTunes Application Store, then you acknowledge and agree to the following additional terms: (a) Apple has no liability for the Software and its content; (b) Your Use of the Software is limited to a non-transferable license to Use the Software on any iPhone™, iPad™ or iPod Touch™ that you own or control as allowed by the Application Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance or support services for the Software; (d) to the extent permitted by applicable law, Apple has no warranty obligation to the Software and Adobe will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Apple is not liable for any claims relating to the Software or your possession and/or Use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal requirement; and (iii) consumer protection claims; (f) Apple is not liable for any third-party claims that the Software infringes a third party’s intellectual property rights; and (g) Apple and its subsidiaries are third party beneficiaries of this Agreement with respect to any Software, and that Apple will have the right to enforce the Agreement against you as a third party beneficiary.
21.2 Microsoft. If the Software is downloaded from the Windows Phone Apps + Game Store, then you acknowledge and agree to the following additional terms: (a) you may only Use the Software on up to five (5) Windows 8 devices associated with your account; (b) Microsoft has no liability for the Software and its content; (c) Microsoft, device manufacturers, and network operators have no obligation whatsoever to furnish any maintenance or support services for the Software; (d) to the extent permitted by applicable law, Microsoft has no warranty obligation to the Software and Adobe will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Microsoft is not liable for any claims relating to the Software or your possession and/or Use of the Software, including, but not limited to: (1) product liability claims; (2) any claim that the Software fails to conform to any applicable legal requirement; and (3) consumer protection claims; and (f) Microsoft is not liable for any third-party claims that the Software infringes a third party’s intellectual property rights.
Adobe Systems Incorporated: 345 Park Avenue, San Jose, California 95110-2704
Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus, Saggart, Dublin 24
Adobe_General_Terms_of_Use-en_US-20140618_2200
Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file to use, copy, publish, distribute, sublicense, and/or sell copies of the documentation, and to permit others to do the same, provided that:
- No modification, editing or other alteration of this document is allowed; and
- The above copyright notice and this permission notice shall be included in all copies of the documentation.
Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file, to create their own derivative works from the content of this document to use, copy, publish, distribute, sublicense, and/or sell the derivative works, and to permit others to do the same, provided that the derived work is not represented as being a copy or version of this document.
Adobe shall not be liable to any party for any loss of revenue or profit or for indirect, incidental, special, consequential, or other similar damages, whether based on tort (including without limitation negligence or strict liability), contract or other legal or equitable grounds even if Adobe has been advised or had reason to know of the possibility of such damages. The Adobe materials are provided on an "AS IS" basis. Adobe specifically disclaims all express, statutory, or implied warranties relating to the Adobe materials, including but not limited to those concerning merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding the Adobe materials.
ADOBE SOFTWARE DEVELOPMENT KIT LICENSE FOR INDESIGN, INDESIGN SERVER AND INCOPY SOFTWARE.
NOTICE TO USER: THIS IS A LICENSE BETWEEN YOU AND ADOBE. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE. THIS LICENSE ACCOMPANIES THE SOFTWARE DEVELOPMENT KIT(S) FOR ADOBE INDESIGN, INDESIGN SERVER AND/OR INCOPY SOFTWARE AND RELATED EXPLANATORY MATERIALS (COLLECTIVELY, THE "SDK") AND INCLUDES ANY UPGRADES, MODIFIED VERSIONS, UPDATES, ADDITIONS, AND COPIES OF THE SDK LICENSED TO YOU BY ADOBE.
1. Definitions.
1.1 Adobe means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if Section 11 of this License applies; otherwise, it means Adobe Systems Software Ireland Limited, 4‑6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
1.2 API Development Software means the SDK API (Application Programming Interface) Specification, header files, JAR files, the SDK Plug-In APIs as defined in the header files and demonstrated in plug-in example code and related information in object code format and/or as libraries, both native and Java, not otherwise made available by Adobe as a commercial product, that Adobe has included for You as part of the SDK to distribute unmodified with Your application programs.
1.3 Content Files means sample and stock photographs, images, sounds, clip art and other artistic works included as part of the SDK.
1.4 Developer, You and Your refer to any person or entity acquiring or using the SDK under the terms of this License.
1.5 Documentation means the written materials accompanying this License, including, for example, technical specifications, file format documentation and application programming interface (API) information.
1.6 Effective Date means the date that You download or otherwise access the any portion of the SDK.
1.7 Sample Code means object code and/or source code, excluding Content Files, that Adobe has included for You to incorporate into Your application programs, subject to the limitations set forth in Section 2.
1.8 SDK means the API information, Sample Code, Tools, Documentation and other related items. Only those items placed on Your computer extracted from the SDK archive are part of the SDK. This License does not govern Adobe Products (See Adobe Products end user license agreements for governing terms). Adobe Products refer to Adobe’s application programs and technologies such as Adobe-developed plug-ins which are or may be made available for licensing to the general public, including any modified versions or upgrades thereof
1.9 Tools refer to programs and Utilities that may be included for You to test or compile Your application programs. Documentation means any related explanatory materials accompanying the SDK.
2. License and License Restrictions.
Subject to the restrictions contained in this Section 2, Adobe grants to You a nonexclusive, nontransferable, royalty-free license to use the items in the SDK only for the purpose of internal development of application programs designed to function with Adobe products.
(a) Under this License, You may use, modify or merge all or portions of the Sample Code with Your application programs and distribute it only as part of Your products in object code form only. Any modified or merged portion of the Sample Code is subject to this License. You are required to include Adobe’s copyright notices on Your application programs except for those programs in which You include a copyright notice reflecting the copyright ownership of Developer in such programs. You may not use Adobe’s name, logo or trademarks to market Your products. You may not assign Your rights or obligations granted under this License without the prior written consent of Adobe. Any attempted assignment or transfer without such prior written consent from Adobe shall be void and of no effect. Sample Code is compiled with a unique plug-in ID. If You distribute modified or merged versions of the Sample Code. You agree to replace Adobe’s unique plug-in ID that is included in any Sample Code with a unique plug-in ID specific to You. Instructions for requesting a unique plug-in ID from Adobe may be found at http://support.adobe.com/devsup/devsup.nsf/docs/50093.htm.
(b) Subject to the permissions in 2(a) above, You may use the SDK solely for the purpose of internal development.
(c) You may make a limited number of copies of the SDK to be used by Your employees or consultants as provided herein, and not for general business purposes, and such employees or consultants shall be subject to this License.
You may use API Development Software only as provided in the Adobe specification applicable thereto, and distribute it solely with Your products on the same media. You may not modify API Development Software.
(d) Content Files. Unless stated otherwise in "ReadMe" files associated with the Content Files, which may include specific rights and restrictions with respect to such materials, You may not use, modify, reproduce or distribute any of the Content Files. For the avoidance of doubt, the Content Files are included as examples only. You acquire no rights to the Content Files.
(e) License Restrictions
(i) World Ready Composer. The APIs contained in this SDK for the World Ready Composer are designed to be used for the purpose of internal development of application programs designed to function with Adobe InDesign Server. Internal development of application programs designed to function with Adobe InDesign and/or Adobe InCopy software using the World Ready Composer API’s is not supported by Adobe.
(ii) Localization of Adobe Products. You are prohibited from using this SDK for development of Your Developer products which would include functionality allowing for the Localization of Adobe Products. For purposes of this License, "Localization" means a modification to the default language of the installed Adobe Product, including but not limited to the Adobe Product’s user interface.
(iii) No Modifications, No Reverse Engineering. Except as specifically provided herein, You shall not (a) modify, port, adapt or translate the any portion of this SDK; (b) add or delete any program files that would modify the functionality and/or appearance of other Adobe software and/or any component thereof; or (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any portion of this SDK. Notwithstanding the foregoing, decompiling the SDK is permitted to the extent the laws of Your jurisdiction give You the right to do so to obtain information necessary to render the licensed portions of the SDK interoperable with other software; provided, however, that You must first request such information from Adobe and Adobe may, in its discretion, either provide such information to You or impose reasonable conditions, including a reasonable fee, on such use of the source code to ensure that Adobe’s and its suppliers’ proprietary rights in the source code for the SDK are protected.
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(v) No Transfer. You shall not sublicense, assign or transfer the SDK or Your rights in the SDK, or authorize any portion of the SDK to be copied onto or accessed from another individual’s or entity’s computer except as may be explicitly provided in this License. Notwithstanding anything to the contrary in this Section 2(e)(v), You may transfer copies of the SDK installed on one of Your computers to another one of Your computers provided that the resulting installation and use of the SDK is in accordance with the terms of this License and does not cause You to exceed Your right to use the SDK under this License.
(vi) Prohibited Use. Except as expressly authorized under this License, You are prohibited from: (a) renting, leasing, lending or granting other rights in the SDK including rights on a membership or subscription basis; and (b) providing use of the SDK in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis; Failure to comply with this Section 2(e)(vi) is a breach of this License that immediately terminates all rights granted to You herein.
(vii) Other Prohibitions. You will not use the SDK to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including any laws, regulations or rights respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or false advertising), or (c) interferes with the operability of Adobe or third-party programs or software.
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The items contained in the SDK are the intellectual property of Adobe and its suppliers and are protected by United States copyright and patent law, international treaty provisions and applicable laws of the country in which it is being used. You agree to protect all copyright and other ownership interests of Adobe and/or its suppliers in all items in the SDK supplied under this License. You agree that all copies of the items in the SDK, reproduced for any reason by You, contain the same copyright notices, and other proprietary notices, as appropriate, which appear on or in the master items delivered by Adobe in the SDK. Adobe and/or its suppliers retain title and ownership of the items in the SDK, the media on which it is recorded and all subsequent copies, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this License does not grant You any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the SDK.
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Notwithstanding anything to the contrary, You are not licensed to (and You agree that You will not) integrate or use this SDK with any Open Source Software or otherwise take any action that could require disclosure, distribution or licensing of all or any part of the SDK in source code form, for the purpose of making derivative works, or at no charge. For the purposes of this Section 6, "Open Source Software" shall mean software licensed under the GNU General Public License, the GNU Lesser General Public License or any other license terms that could require, or condition Your use, modification or distribution of such software on, the disclosure, distribution or licensing of any other software in source code form, for the purpose of making derivative works, or at no charge. Any violation of the foregoing provision shall immediately terminate all of Your licenses and other rights to the SDK granted under this License.
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Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. You may have rights which vary from state to state or jurisdiction to jurisdiction. The foregoing does not affect or prejudice Your statutory rights. To the extent permissible, any implied warranties are limited to ninety (90) days. For further warranty information You may contact Adobe’s Customer Support Department.
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If You are a consumer who uses the SDK for only personal non-business purposes, then this License will be governed by the laws of the state in which You purchased the license to use the SDK. If You are not such a consumer, this License is governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when You are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when You are in Japan, China, Korea, R.O.C, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., Hanzi, Kanji or Hanja), and/or other script based upon or similar in structure to an ideographic script, such as Hangul or Kana; or (c) the Republic of Ireland, if a license to the Software is obtained when You are in any other jurisdiction not described above. The respective courts of Santa Clara County, California, when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the courts of the Republic of Ireland, when the law of the Republic of Ireland applies, shall each have non-exclusive jurisdiction over all disputes relating to this License. This License will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
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You acknowledge that this Software is subject to the U.S. Export Administration Regulations (the "EAR") and that You will comply with the EAR. You will not export or re-export this Software, directly or indirectly, to: (a) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria); (b) any end user who You know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles and sounding rockets or unmanned air vehicle systems; or (c) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. In addition, You are responsible for complying with any local laws in Your jurisdiction which may impact Your right to import, export or use this Software. All rights to use this Software are granted on condition that such rights are forfeited if You fail to comply with the terms of this Section 12..
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None of the provisions of this License shall be deemed to have been waived by any act or acquiescence on the part of Adobe, its agents or employees, but only by an instrument in writing signed by an officer of Adobe.
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The SDK and any documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
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When conflicting language exists between this License and any other agreement included in the SDK, this License shall supersede. If either Adobe or Developer employs attorneys to enforce any rights arising out of or relating to this License, the prevailing party shall be entitled to recover reasonable attorneys’ fees. You acknowledge that You have read this License, understand it and that it is the complete and exclusive statement of Your agreement with Adobe, which supersedes any prior agreement, oral or written, between Adobe and You with respect to the licensing to You of the SDK. No variation of the terms of this License will be enforceable against Adobe unless Adobe gives its express consent, in writing signed by an officer of Adobe. The English language version of this License shall be the version used in the event any dispute arises hereunder. All translations of this License are for convenience only and shall not be used by the parties or any court when interpreting or construing this License.
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This License governs installation and use of the SDK. You agree that this License is like any written negotiated agreement signed by You. By clicking to acknowledge agreement to be bound during review of an electronic version of this License or by downloading, copying, installing or using any portion of this SDK, You accept all the terms and conditions of this License. This License is enforceable against You and any person or entity that obtains this SDK or on whose behalf they are used: for example, Your employer. If You do not agree to the terms of this License, do not use any portion of this SDK. This License shall apply to any portion of the SDK, regardless of whether other software is referred to or described herein.
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You may have a separate written agreement with Adobe that supplements or supersedes all or portions of this License. Your use of some third party materials included in the SDK may be subject to other terms and conditions typically found in a separate license agreement or a "ReadMe" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty. Such other terms and conditions may require You to pass through notices to Your end users. Such other terms and conditions will supersede all or portions of this License in the event of a conflict with the terms and conditions of this License.
InDesign_InCopy_InDesignServerSDK_IHC-en_US-20110502
Patents Pending
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7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, for patent infringement (i) against Licensor with respect to a patent applicable to software or (ii) against any entity with respect to a patent applicable to the Original Work (but excluding combinations of the Original Work with other software or hardware).
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including anyluding any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
The Academic Free License
v. 2.1
This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
Licensed under the Academic Free License version 2.1
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
c) to distribute copies of the Original Work and Derivative Works to the public;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
5) This section intentionally omitted.
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
Licensed under the Academic Free License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, under any license of your choice that does not contradict the terms and conditions, including Licensor's reserved rights and remedies, in this Academic Free License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Academic Free License" or "AFL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process.
This file may be freely copied and redistributed as long as:
1) This entire notice continues to be included in the file,
2) If the file has been modified in any way, a notice of such modification
is conspicuously indicated.
PostScript, Display PostScript,and Adobe are registered trademarks of Adobe
Systems Incorporated.
THE INFORMATION BELOW IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE,
AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY ADOBE SYSTEMS INCORPORATED. ADOBE
SYSTEMS INCORPORATED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR
INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH
RESPECT TO THIS INFORMATION, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS.
Aladdin Free Public License
(Version 8, November 18, 1999)
Copyright (C) 1994, 1995, 1997, 1998, 1999 Aladdin Enterprises,
Menlo Park, California, U.S.A. All rights reserved.
NOTE: This License is not the same as any of the GNU Licenses published by the
Free Software Foundation. Its terms are substantially different from those of
the GNU Licenses. If you are familiar with the GNU Licenses, please read this
license with extra care.
Aladdin Enterprises hereby grants to anyone the permission to apply this License
to their own work, as long as the entire License (including the above notices
and this paragraph) is copied with no changes, additions, or deletions except
for changing the first paragraph of Section 0 to include a suitable description
of the work to which the license is being applied and of the person or entity
that holds the copyright in the work, and, if the License is being applied to a
work created in a country other than the United States, replacing the first
paragraph of Section 6 with an appropriate reference to the laws of the
appropriate country.
0. Subject Matter
This License applies to the computer program known as "Aladdin Ghostscript." The
"Program", below, refers to such program. The Program is a copyrighted work
whose copyright is held by Aladdin Enterprises (the "Licensor"). Please note
that Aladdin Ghostscript is neither the program known as "GNU Ghostscript" nor
the version of Ghostscript available for commercial licensing from Artifex
Software Inc.
A "work based on the Program" means either the Program or any derivative work of
the Program, as defined in the United States Copyright Act of 1976, such as a
translation or a modification.
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU
INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND
CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON
IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR
DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY
LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR
DISTRIBUTE THE PROGRAM.
1. Licenses.
Licensor hereby grants you the following rights, provided that you comply with
all of the restrictions set forth in this License and provided, further, that
you distribute an unmodified copy of this License with the Program:
(a)
You may copy and distribute literal (i.e., verbatim) copies of the Program's
source code as you receive it throughout the world, in any medium.
(b)
You may modify the Program, create works based on the Program and distribute
copies of such throughout the world, in any medium.
2. Restrictions.
This license is subject to the following restrictions:
(a)
Distribution of the Program or any work based on the Program by a commercial
organization to any third party is prohibited if any payment is made in
connection with such distribution, whether directly (as in payment for a copy of
the Program) or indirectly (as in payment for some service related to the
Program, or payment for some product or service that includes a copy of the
Program "without charge"; these are only examples, and not an exhaustive
enumeration of prohibited activities). The following methods of distribution
involving payment shall not in and of themselves be a violation of this
restriction:
(i)
Posting the Program on a public access information storage and retrieval service
for which a fee is received for retrieving information (such as an on-line
service), provided that the fee is not content-dependent (i.e., the fee would be
the same for retrieving the same volume of information consisting of random
data) and that access to the service and to the Program is available independent
of any other product or service. An example of a service that does not fall
under this section is an on-line service that is operated by a company and that
is only available to customers of that company. (This is not an exhaustive
enumeration.)
(ii)
Distributing the Program on removable computer-readable media, provided that the
files containing the Program are reproduced entirely and verbatim on such media,
that all information on such media be redistributable for non-commercial
purposes without charge, and that such media are distributed by themselves
(except for accompanying documentation) independent of any other product or
service. Examples of such media include CD-ROM, magnetic tape, and optical
storage media. (This is not intended to be an exhaustive list.) An example of a
distribution that does not fall under this section is a CD-ROM included in a
book or magazine. (This is not an exhaustive enumeration.)
(b)
Activities other than copying, distribution and modification of the Program are
not subject to this License and they are outside its scope. Functional use
(running) of the Program is not restricted, and any output produced through the
use of the Program is subject to this license only if its contents constitute a
work based on the Program (independent of having been made by running the
Program).
(c)
You must meet all of the following conditions with respect to any work that you
distribute or publish that in whole or in part contains or is derived from the
Program or any part thereof ("the Work"):
(i)
If you have modified the Program, you must cause the Work to carry prominent
notices stating that you have modified the Program's files and the date of any
change. In each source file that you have modified, you must include a prominent
notice that you have modified the file, including your name, your e-mail address
(if any), and the date and purpose of the change;
(ii)
You must cause the Work to be licensed as a whole and at no charge to all third
parties under the terms of this License;
(iii)
If the Work normally reads commands interactively when run, you must cause it,
at each time the Work commences operation, to print or display an announcement
including an appropriate copyright notice and a notice that there is no warranty
(or else, saying that you provide a warranty). Such notice must also state that
users may redistribute the Work only under the conditions of this License and
tell the user how to view the copy of this License included with the Work.
(Exceptions: if the Program is interactive but normally prints or displays such
an announcement only at the request of a user, such as in an "About box", the
Work is required to print or display the notice only under the same
circumstances; if the Program itself is interactive but does not normally print
such an announcement, the Work is not required to print an announcement.);
(iv)
You must accompany the Work with the complete corresponding machine-readable
source code, delivered on a medium customarily used for software interchange.
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all the
source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and installation
of the executable code. If you distribute with the Work any component that is
normally distributed (in either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which the executable
runs, you must also distribute the source code of that component if you have it
and are allowed to do so;
(v)
If you distribute any written or printed material at all with the Work, such
material must include either a written copy of this License, or a prominent
written indication that the Work is covered by this License and written
instructions for printing and/or displaying the copy of the License on the
distribution medium;
(vi)
You may not impose any further restrictions on the recipient's exercise of the
rights granted herein.
If distribution of executable or object code is made by offering the equivalent
ability to copy from a designated place, then offering equivalent ability to
copy the source code from the same place counts as distribution of the source
code, even though third parties are not compelled to copy the source code along
with the object code.
3. Reservation of Rights.
No rights are granted to the Program except as expressly set forth herein. You
may not copy, modify, sublicense, or distribute the Program except as expressly
provided under this License. Any attempt otherwise to copy, modify, sublicense
or distribute the Program is void, and will automatically terminate your rights
under this License. However, parties who have received copies, or rights, from
you under this License will not have their licenses terminated so long as such
parties remain in full compliance.
4. Other Restrictions.
If the distribution and/or use of the Program is restricted in certain countries
for any reason, Licensor may add an explicit geographical distribution
limitation excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
5. Limitations.
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY
FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. General.
This License is governed by the laws of the State of California, U.S.A.,
excluding choice of law rules.
If any part of this License is found to be in conflict with the law, that part
shall be interpreted in its broadest meaning consistent with the law, and no
other parts of the License shall be affected.
For United States Government users, the Program is provided with RESTRICTED
RIGHTS. If you are a unit or agency of the United States Government or are
acquiring the Program for any such unit or agency, the following apply:
If the unit or agency is the Department of Defense ("DOD"), the Program and its
documentation are classified as "commercial computer software" and "commercial
computer software documentation" respectively and, pursuant to DFAR Section
227.7202, the Government is acquiring the Program and its documentation in
accordance with the terms of this License. If the unit or agency is other than
DOD, the Program and its documentation are classified as "commercial computer
software" and "commercial computer software documentation" respectively and,
pursuant to FAR Section 12.212, the Government is acquiring the Program and its
documentation in accordance with the terms of this License.
Aladdin Free Public License
(Version 9, September 18, 2000)
Copyright (C) 1994, 1995, 1997, 1998, 1999, 2000 Aladdin Enterprises,
Menlo Park, California, U.S.A. All rights reserved.
NOTE: This License is not the same as any of the GNU Licenses published by the
Free Software Foundation. Its terms are substantially different from those of
the GNU Licenses. If you are familiar with the GNU Licenses, please read this
license with extra care.
Aladdin Enterprises hereby grants to anyone the permission to apply this License
to their own work, as long as the entire License (including the above notices
and this paragraph) is copied with no changes, additions, or deletions except
for changing the first paragraph of Section 0 to include a suitable description
of the work to which the license is being applied and of the person or entity
that holds the copyright in the work, and, if the License is being applied to a
work created in a country other than the United States, replacing the first
paragraph of Section 6 with an appropriate reference to the laws of the
appropriate country.
This License is not an Open Source license: among other things, it places
restrictions on distribution of the Program, specifically including sale of the
Program. While Aladdin Enterprises respects and supports the philosophy of the
Open Source Definition, and shares the desire of the GNU project to keep
licensed software freely redistributable in both source and object form, we feel
that Open Source licenses unfairly prevent developers of useful software from
being compensated proportionately when others profit financially from their
work. This License attempts to ensure that those who receive, redistribute, and
contribute to the licensed Program according to the Open Source and Free
Software philosophies have the right to do so, while retaining for the
developer(s) of the Program the power to make those who use the Program to
enhance the value of commercial products pay for the privilege of doing so.
0. Subject Matter
This License applies to the computer programs known as "AFPL Ghostscript",
"AFPL Ghostscript PCL5e", "AFPL Ghostscript PCL5c", and "AFPL Ghostscript
PXL". The "Program", below, refers to such program. The Program is
a copyrighted work whose copyright is held by Artifex Software Inc., located
in San Rafael California and artofcode LLC, located in Benicia, California
(the "Licensor"). Please note that AFPL Ghostscript is neither the program
known as "GNU Ghostscript" nor the version of Ghostscript available for
commercial licensing from Artifex Software Inc.
A "work based on the Program" means either the Program or any derivative work of
the Program, as defined in the United States Copyright Act of 1976, such as a
translation or a modification.
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU
INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND
CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON
IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR
DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY
LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR
DISTRIBUTE THE PROGRAM.
1. Licenses.
Licensor hereby grants you the following rights, provided that you comply with
all of the restrictions set forth in this License and provided, further, that
you distribute an unmodified copy of this License with the Program:
(a)
You may copy and distribute literal (i.e., verbatim) copies of the Program's
source code as you receive it throughout the world, in any medium.
(b)
You may modify the Program, create works based on the Program and distribute
copies of such throughout the world, in any medium.
2. Restrictions.
This license is subject to the following restrictions:
(a)
Distribution of the Program or any work based on the Program by a commercial
organization to any third party is prohibited if any payment is made in
connection with such distribution, whether directly (as in payment for a copy of
the Program) or indirectly (as in payment for some service related to the
Program, or payment for some product or service that includes a copy of the
Program "without charge"; these are only examples, and not an exhaustive
enumeration of prohibited activities). The following methods of distribution
involving payment shall not in and of themselves be a violation of this
restriction:
(i)
Posting the Program on a public access information storage and retrieval service
for which a fee is received for retrieving information (such as an on-line
service), provided that the fee is not content-dependent (i.e., the fee would be
the same for retrieving the same volume of information consisting of random
data) and that access to the service and to the Program is available independent
of any other product or service. An example of a service that does not fall
under this section is an on-line service that is operated by a company and that
is only available to customers of that company. (This is not an exhaustive
enumeration.)
(ii)
Distributing the Program on removable computer-readable media, provided that the
files containing the Program are reproduced entirely and verbatim on such media,
that all information on such media be redistributable for non-commercial
purposes without charge, and that such media are distributed by themselves
(except for accompanying documentation) independent of any other product or
service. Examples of such media include CD-ROM, magnetic tape, and optical
storage media. (This is not intended to be an exhaustive list.) An example of a
distribution that does not fall under this section is a CD-ROM included in a
book or magazine. (This is not an exhaustive enumeration.)
(b)
Activities other than copying, distribution and modification of the Program are
not subject to this License and they are outside its scope. Functional use
(running) of the Program is not restricted, and any output produced through the
use of the Program is subject to this license only if its contents constitute a
work based on the Program (independent of having been made by running the
Program).
(c)
You must meet all of the following conditions with respect to any work that you
distribute or publish that in whole or in part contains or is derived from the
Program or any part thereof ("the Work"):
(i)
If you have modified the Program, you must cause the Work to carry prominent
notices stating that you have modified the Program's files and the date of any
change. In each source file that you have modified, you must include a prominent
notice that you have modified the file, including your name, your e-mail address
(if any), and the date and purpose of the change;
(ii)
You must cause the Work to be licensed as a whole and at no charge to all third
parties under the terms of this License;
(iii)
If the Work normally reads commands interactively when run, you must cause it,
at each time the Work commences operation, to print or display an announcement
including an appropriate copyright notice and a notice that there is no warranty
(or else, saying that you provide a warranty). Such notice must also state that
users may redistribute the Work only under the conditions of this License and
tell the user how to view the copy of this License included with the Work.
(Exceptions: if the Program is interactive but normally prints or displays such
an announcement only at the request of a user, such as in an "About box", the
Work is required to print or display the notice only under the same
circumstances; if the Program itself is interactive but does not normally print
such an announcement, the Work is not required to print an announcement.);
(iv)
You must accompany the Work with the complete corresponding machine-readable
source code, delivered on a medium customarily used for software interchange.
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all the
source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and installation
of the executable code. If you distribute with the Work any component that is
normally distributed (in either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which the executable
runs, you must also distribute the source code of that component if you have it
and are allowed to do so;
(v)
If you distribute any written or printed material at all with the Work, such
material must include either a written copy of this License, or a prominent
written indication that the Work is covered by this License and written
instructions for printing and/or displaying the copy of the License on the
distribution medium;
(vi)
You may not impose any further restrictions on the recipient's exercise of the
rights granted herein.
If distribution of executable or object code is made by offering the equivalent
ability to copy from a designated place, then offering equivalent ability to
copy the source code from the same place counts as distribution of the source
code, even though third parties are not compelled to copy the source code along
with the object code.
3. Reservation of Rights.
No rights are granted to the Program except as expressly set forth herein. You
may not copy, modify, sublicense, or distribute the Program except as expressly
provided under this License. Any attempt otherwise to copy, modify, sublicense
or distribute the Program is void, and will automatically terminate your rights
under this License. However, parties who have received copies, or rights, from
you under this License will not have their licenses terminated so long as such
parties remain in full compliance.
4. Other Restrictions.
If the distribution and/or use of the Program is restricted in certain countries
for any reason, Licensor may add an explicit geographical distribution
limitation excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
5. Limitations.
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY
FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. General.
This License is governed by the laws of the State of California, U.S.A.,
excluding choice of law rules.
If any part of this License is found to be in conflict with the law, that part
shall be interpreted in its broadest meaning consistent with the law, and no
other parts of the License shall be affected.
For United States Government users, the Program is provided with RESTRICTED
RIGHTS. If you are a unit or agency of the United States Government or are
acquiring the Program for any such unit or agency, the following apply:
If the unit or agency is the Department of Defense ("DOD"), the Program and its
documentation are classified as "commercial computer software" and "commercial
computer software documentation" respectively and, pursuant to DFAR Section
227.7202, the Government is acquiring the Program and its documentation in
accordance with the terms of this License. If the unit or agency is other than
DOD, the Program and its documentation are classified as "commercial computer
software" and "commercial computer software documentation" respectively and,
pursuant to FAR Section 12.212, the Government is acquiring the Program and its
documentation in accordance with the terms of this License.
PLEASE READ THESE LICENCE TERMS CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE:
These terms and conditions and schedules ("Terms") are entered into between AG GRID LTD (registered number 07318192) ("Licensor") and the entity whose details are set out on the Licence Quote or otherwise submitted to the Licensor ("Licensee") effective as of the date of acceptance of these Terms ("Effective Date").
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU.
IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT CLICK ON THE "I ACCEPT" BUTTON BELOW.
TERMS AND CONDITIONS
1. Definitions and interpretation
1.1 Definitions
In these Terms, where the context so admits, the following words and expressions shall have the following meanings:
"Adequate Country" means a country or territory outside the EEA recognised as providing adequate protection for personal data transfers under an adequacy decision made from time to time by (as applicable) (i) the UK Secretary of State under applicable UK law (including the UK GDPR) or (ii) the European Commission under the GDPR;
"Affiliate" means in relation to a party any corporate entity Controlled directly or indirectly by that party, any corporate entity that Controls, directly or indirectly that party or any corporate entity under common Control with that party;
"Application" means any software, application or elements developed by or on behalf of the Licensee using the Software;
"Additional Usage" has the meaning set out in clause 2.1;
"Additional Quote" has the meaning set out in clause 2.1;
"Business Day" means each day which is not a Saturday, Sunday or public holiday in the country in which the Licensor is located;
"Confidential Information" means all information (whether written, oral or in some other form) disclosed to or obtained by one party (whether directly or indirectly) from the other (whether before or after the Effective Date), including all information relating to that other's business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients, customers, partners or suppliers (together with copies made of any of the foregoing) and which information is marked as being confidential or might reasonably be assumed to be confidential, but excluding information which:
(a) is available to the public other than because of any breach of these Terms;
(b) is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others;
(c) is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or
(d) is trivial or obvious;
Licensors' Confidential Information includes Licensor Materials. The Licensee's Confidential Information includes the Licensee Materials;
"Control" means the power to direct the management and policies of an entity whether through the ownership of voting capital, by contract or otherwise; and a holding or subsidiary company of any entity shall be deemed to be an Affiliate of that entity;
"Data Protection Legislation" means all applicable legislation for the time being in force pertaining to data protection, data privacy, data retention and/or data security and including the General Data Protection Regulation (Regulation 2016/679) ("GDPR") the Privacy and Electronic Communication Directive (Directive 2002/58/EC) and national legislation implementing or supplementing such legislation in the United Kingdom and any applicable member state of the European Union, including the Data Protection Act 2018 and the UK GDPR and all associated codes of practice issued by any applicable data protection authority;
"Deployment Licence Add-On" means a licence of the Software granted to the Licensee in addition to either the Single Application Developer Licence or Multiple Application Developer Licence, which permits the Licensee to sub-licence the Software in accordance with these Terms;
"Documentation" means the operating manuals, user instructions, technical literature and all other related materials in eye-readable form supplied to the Licensee by the Licensor (whether in online, electronic or printed form) for aiding the use and application of the Software;
"EEA" means the European Economic Area and Switzerland;
"Error" means any error, defect or malfunction in the Software that: (a) causes the integrity of its data to be compromised or corrupted; (b) causes an unexpected error message or fatal error to occur while using the Software; (c) causes the Software to fail to conform to any applicable warranties, including those set out in clause 6.1;
"EU SCCs" means The Commission Decision 2021/914/EU of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (set out at http://data.europa.eu/eli/dec_impl/2021/914/oj), of which Module 1 (controller-to-controller) applies and which, along with the annexes set out at Exhibit A to these Terms, are incorporated into these Terms;
"Fees" means the fees for the Services, as set out in the relevant Quote;
"Insolvency Event" means, in relation to a person (which includes an individual and a legal person, such as a limited company), any of the following events:
(a) a meeting of creditors of that person being held or an arrangement or composition with or for the benefit of its creditors (including a voluntary arrangement as defined in the Insolvency Act 1986) being proposed by or in relation to that person;
(b) a chargeholder, receiver, administrative receiver or other similar person taking possession of or being appointed over or any distress, execution or other process being levied or enforced (and not being discharged within seven days) on the whole or a material part of the assets of that person;
(c) that person ceasing to carry on business or being deemed to be unable to pay its debts within the meaning of section 123 Insolvency Act 1986 (except that, for the purposes of these Terms, the reference to £750 in section 123(1) of that Act shall be construed as a reference to £10,000);
(d) that person or its directors or the holder of a qualifying floating charge or any of its creditors giving notice of their intention to appoint, appointing or making an application to the court for the appointment of, an administrator;
(e) a petition being advertised or a resolution being passed or an order being made for the administration or the winding-up, bankruptcy or dissolution of that person; or
(f) the happening in relation to that person of an event analogous to any of the above in any jurisdiction in which it is incorporated or resident or in which it carries on business or has assets.
"Intellectual Property Rights" means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent, and including all renewals, extensions, revivals and all accrued rights of action);
"Know-how" has the meaning set out in clause 8.3;
"Licence Quote" means a written licence quote (whether in online, electronic or printed form) agreed between the parties in relation to the Software Materials which shall be deemed to incorporate these Terms;
"Licensee Developers" means the Licensee's (and any of its Affiliates') employees, workers and contractors who are authorised by the Licensee to, and qualified to, develop software products that include the Software;
"Licensee Materials" means all intellectual property, works, products, documentation, information, data and other material of any kind (including computer software, applications developed by or on behalf of the Licensee and firmware, designs and specifications) provided or made available by or on behalf of the Licensee in connection with these Terms;
"Licensor Materials" means all intellectual property, works, products, documentation, information, data and other material of any kind (including computer software and firmware, designs and specifications) provided or made available by or on behalf of the Licensor in connection with these Terms, excluding the Software Materials;
"Losses" means all losses, liabilities, demands, claims, judgments, awards, damages, amounts payable in settlement, costs and expenses (including all legal and other professional fees, expenses and disbursements);
"Modification" means: (a) any addition to or deletion from the contents of a file included in the Software or previous Modifications created by the Licensee; and/or (b) any new file that leverages any part of the Software or previous Modifications;
"Multiple Applications Developer Licence" means a licence of the Software Materials granted to the Licensee which permits the Licensee (and any of its Affiliates) to develop, between them, an unlimited number of Applications using the Software Materials in accordance with and subject to these Terms, provided that new versions and different editions of an Application shall be considered, for the purposes of the number of permitted Applications, to be the same as the original Application as long as they are in the same evolutionary line;
"New Version" means any new version of the Software which from time to time is publicly marketed and offered for licensing by the Licensor in the course of its normal business, being a version which contains such significant differences from the previous versions as to be generally accepted in the marketplace as constituting a new product;
"Personal Data" means all data which is defined as 'personal data' under Data Protection Legislation and "controller", "data subject", "processor" and "supervisory authority" shall have the meanings ascribed to them in the Data Protection Legislation;
"Production Environment" means a computer, server, collection of servers, a data centre, a cloud instance, container or similar where the Licensee's services and/or store are made available to the Licensee's customers;
"Quote(s)" has the meaning set out in clause 2.2;
"Quote Effective Date" has the meaning set out in clause 14.1;
"Quote Initial Term" has the meaning set out in clause 14.1;
"Quote Renewal Term" has the meaning set out in clause 14.1;
"Restrictive Open Source Software" means any software or software component that fulfils the definition of "open source" for the purpose of the Open Source Definition maintained by the Open Source Initiative at https://opensource.org/osd and also requires, as a condition of its use, that any software created with, incorporating, derived from, and/or distributed with such software or software components, must:
(a) be disclosed or distributed in source code form;
(b) be licensed under terms that permit making derivative works; and/or
(c) be re-distributable at no charge to subsequent licensees;
"Services" means the services (including the supply of Software Materials and Support Services), set out in the relevant Quote, to be provided by the Licensor under such Quote;
"Single Application Developer Licence" means a licence of the Software Materials granted to the Licensee which permits the Licensee (and any of its Affiliates) to develop, between them, one Application using the Software Materials in accordance with and subject to these Terms, provided that new versions and different editions of an Application shall be considered, for the purposes of the number of permitted Applications, to be the same as the original Application as long as they are in the same evolutionary line;
"Software" means the software solution(s) made available by the Licensor and as further detailed in the applicable Quote;
"Software Materials" means, collectively, the Software and any applicable Documentation;
"Source Code" means the human-readable form of computer software, together with all documentation and comments relating thereto sufficient for a reasonably skilled computer programmer to understand, use, support and modify such computer software;
"Support Forum" has the meaning given to it in paragraph 1 of SCHEDULE 1;
"Support Release" means a release of the Software which corrects faults, adds functionality or otherwise amends or upgrades the Software, but which does not constitute a New Version;
"Support Request" means a request communicated by the Licensee to the Licensor via the Support Forum, to report an Error and to request correction of the Error, or to request some other support service or assistance;
"Support Services" means the support services, to be provided by the Licensor in respect of the Software (including the provision of Updates), as set out in SCHEDULE 1; and
"UK Approved Addendum" means the template Addendum B1.0 issued by the UK's Information Commissioner's Office and laid before Parliament in accordance with s119A of the Data Protection Act 2018 of the UK on 2 February 2022, in force on 21 March 2022, as it is revised under Section 18 of the UK Mandatory Clauses;
"UK Mandatory Clauses" means the Mandatory Clauses of the UK Approved Addendum, as updated from time to time and replaced by any final version published by the Information Commissioner's Office; and
"Update" means any Support Release and/or New Version.
1.2 Interpretation
In these Terms (including the introduction and schedules) unless the context otherwise requires:
(a) reference to a person includes a legal person (such as a limited company) as well as a natural person;
(b) reference to these Terms includes the schedules and appendices and other documents attached to it or incorporated by reference into it (all as amended, added to or replaced from time to time);
(c) references to clauses or schedules shall be to those in or to these Terms and references to paragraphs shall be to paragraphs of the schedules or annexes to the schedules (as the case may be);
(d) clause headings are for convenience only and shall not affect the construction of these Terms;
(e) reference to "including" or any similar terms in these Terms shall be treated as being by way of example and shall not limit the general applicability of any preceding words; and
(f) reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.
2. Basis of terms
2.1 These Terms are framework terms further to which the parties may enter into a Licence Quote in respect of Services to be provided by the Licensor to the Licensee. The parties may also, from time to time after the Licence Quote enter into additional quotes (whether in online, electronic or printed form) in respect of:
(a) additional Licensee Developers, Production Environment(s) and/or to add on a Single Application Developer Licence, Multiple Applications Developer Licence and/or Deployment Licence Add-On in excess of the terms set out in the Licence Quote (together referred to as "Additional Usage"); or
(b) a renewed period of Support Services,
(each an "Additional Quote").
2.2 Each such Licence Quote and Additional Quote (each a "Quote" and together referred to as a "Quotes"), once agreed in accordance with clause 2.3, shall constitute a separate contract for the provision of the Services specified in such Quote, incorporating these Terms.
2.3 The Licensor will only provide Services to the Licensee further to a Quote. No Quote shall be binding on either party unless and until agreed by both parties.
2.4 All Quotes entered into with the Licensee will be subject to the terms set out in these Terms. No terms or conditions endorsed upon, delivered with or contained in any quotation, estimate, correspondence, acknowledgement or acceptance of order or any similar document issued by the Licensee shall form part of any contract between the Licensor and the Licensee.
2.5 The purchase of Additional Usage will entitle the Licensee to the provision of extended Support Services for a period of 1 year from the relevant Quote Effective Date (or such other period as expressly set out in any Quote).
2.6 In the event of any conflict or inconsistency between the terms of these Terms and the terms of any Quote, the terms of the relevant Quote shall prevail only to the extent of any such conflict or inconsistency.
3. Provision of Software Materials and Support Services
3.1 The Licensor shall make the Software Materials available in Source Code form at https://github.com/ag-grid on the first Quote Effective Date by provision of an activation key and any login details required to access the Software Materials, subject to payment of the Fees.
3.2 Subject to clauses 3.3 and 3.4 below, the Licensor grants to the Licensee and its Affiliates a worldwide, perpetual, non-exclusive, non-transferable, non-sublicensable, royalty-free licence (in the form of a Single Application and/or Multiple Applications Developer Licence), commencing on the relevant Quote Effective Date, to permit Licensee Developers to use the Software Materials (including taking all the actions permitted by clause 3.4 below) in accordance with these Terms, subject to the limit on the number of permitted Licensee Developers set out in the relevant Quote. Members within the group of Licensee Developers can be replaced with alternative members as long as the number of concurrent Licensee Developers at any time does not exceed the limit set out in the relevant Quote. For the purposes of this limit, each developer modifying JavaScript code as part of the creation or Modification of an Application's user interface, which user interface creation or Modification uses the Software shall constitute a separate Licensee Developer. For example, if the Licensee has five developers working with JavaScript code with respect to the creation or Modification of the user interface of an Application and such creation or Modification uses the Software, but only two developers are directly working with the Software, all five developers will be counted as Licensee Developers.
3.3 Notwithstanding anything else in these Terms, if the relevant Quote specifies that a Deployment Licence Add-On is being granted by the Licensor to the Licensee then:
(a) subject to this clause 3.3, the licence granted in clause 3.2 shall be sub-licensable and subject to the limit on the number of permitted Production Environment(s) set out in the relevant Quote;
(b) subject to this clause 3.3 and clause 3.4(a), the Deployment Licence Add-On shall be subject to the same applicable licence restrictions as set out in these Terms; and
(c) the Licensee shall ensure (and shall procure that its Affiliates shall ensure) that the terms of any sub-licence are in writing and are substantially the same and as restrictive as the terms of these Terms (except that the sub-licensee shall not have the right to sub-licence its rights).
3.4 The Licensee and its Affiliates may use the Software Materials to install, load, launch, access, run, execute, operate, and archive the Software Materials for production, test, archival, emergency re-start and disaster recovery purposes and to develop and create derivative works from the Software Materials in the form of Applications, provided that:
(a) unless the relevant Quote specifies that a Deployment Licence Add-On is being granted by the Licensor to the Licensee, any Application created must be used for the Licensee's and its Affiliates' internal business purposes only and must not be licensed to third parties; and
(b) the Licensee and its Affiliates shall not permit any end user of any Application to use the Software independently of, or by or with any applications other than, the Application being used by that end user.
3.5 For the avoidance of doubt, the Licensee and its Affiliates shall be permitted to create Modifications to the Source Code to the Software for the Licensee's (and its Affiliates') use of the Software in accordance with these Terms. In the event that the Licensee and/or its Affiliates creates any Modifications to the Source Code to the Software, the Licensor shall not be obliged to provide the Support Services in relation to any such Modification(s) from the date on which any such Modification(s) take place.
3.6 The Licensee and its Affiliates shall not change or remove the copyright notice from any of the files included in the Software Materials.
3.7 The Licensee and its Affiliates shall not redistribute the Software Materials or any Modifications other than as expressly permitted by these Terms. For the avoidance of doubt, the Licensee and its Affiliates shall not redistribute the Software Materials or any Modifications:
(a) other than by including the Software or a portion of the Software within Application(s); and
(b) as part of any Application that can be described as a development toolkit or library, an application builder, a website builder, a user interface designer, or any application that is intended for use by software, application, or website developers or designers, or has a similar purpose or functionality (as determined by the Licensor).
3.8 Subject to clause 3.5, the Licensor will provide the Support Services to the Licensee Developers in accordance with SCHEDULE 1 for a period of 1 year from the relevant Quote Effective Date, or for such other period as expressly set out in the relevant Quote.
3.9 The Licensee shall ensure that all its Affiliates comply with all obligations of the Affiliates under these Terms, including all restrictions on the licence granted under clause 3.2 (notwithstanding the fact that the Affiliates are not party to these Terms). The Licensee shall be liable for all acts or omissions of the Affiliates in relation to these Terms as if such acts or omissions were the acts or omissions of the Licensee.
4. Trial Licence
4.1 This clause 4 only applies where a trial licence is being granted.
4.2 Notwithstanding anything else in these Terms, if a trial licence is being granted by the Licensor to the Licensee, then:
(a) clauses 3.1, 3.2, 3.3, 3.4 and 3.8 shall not apply (unless and until a Licence Quote is entered into between the parties), and the Licensor instead hereby grants the Licensee and its Affiliates a revocable, non-exclusive, perpetual, non-transferable and non-sublicensable licence to install, load, launch, access, run, execute, operate, and archive the Software Materials (as made available on the Effective Date) solely for the Licensee's and its Affiliates' internal evaluation and review purposes to determine whether to enter into a paid licence of the Software and not for any other purpose;
(b) the Licensee shall be able to access the Software Materials in Source Code form at https://www.github.com/ag-grid on the Effective Date;
(c) clauses 13 and 14 shall not apply and these Terms shall commence on the Effective Date and shall continue:
(i) for a period of 60 days, consisting of a trial period of 30 days and a further period of 30 days during which the parties can agree to enter into a Licence Quote, provided that the entering into of a Licence Quote shall cause clauses 13 and 14 to apply; or
(ii) until terminated by either party,
whichever is first;
(d) clauses 5, 6.1(f) and 9 shall not apply (unless and until a Licence Quote is entered into between the parties);
(e) the Licensee acknowledges that the Software may place watermarks on output (including any software that incorporates any part of the Software), have limited functionality, function for a limited period of time, or limit the functionality or time of functioning of any output. The Licensee acknowledges that access to and/or use of any files or output created with the Software is entirely at the Licensee's own risk; and
(f) notwithstanding anything else in these Terms, the Licensor shall only be required to provide the evaluation support services to the Licensee Developers as described in paragraph 1.1(a) of SCHEDULE 1.
4.2 Subject always to clause 10.1, the Licensee acknowledges in respect of its use of the trial licence of the Software Materials, it is:
(a) provided for internal evaluation and review purposes only;
(b) being used, tested and evaluated by the Licensee and its Affiliates at its own risk; and
(c) the only means by which the Licensee can test whether the Software Materials will be suitable for the Licensee's and its Affiliates' purposes and that there shall be no acceptance testing process available in relation to the Software Materials once a paid licence of the Software has been purchased by the Licensee.
5. Charges, invoicing and payment
5.1 The Fees will be invoiced by the Licensor annually in advance upon the relevant Quote Effective Date. Unless otherwise agreed in writing between the parties, the Licensee must pay each valid invoice within 30 days of the date of the invoice.
5.2 Unless otherwise expressly provided in these Terms, all amounts referred to in these Terms are exclusive of value added tax ("VAT") which, where chargeable by the Licensor, shall be payable by the Licensee at the rate and in the manner prescribed by law. All other taxes, duties, customs or similar charges shall be the responsibility of the Licensor.
5.3 The Licensor will invoice, and the Licensee will pay invoices in USD, unless otherwise agreed.
6. Warranties
6.1 The Licensor represents and warrants that:
(a) it has the right to enter into these Terms and to license the Software Materials and provide the Support Services (if any) as contemplated by these Terms;
(b) the Support Services (if any) shall be performed with reasonable care, skill and diligence;
(c) the Software Materials and Support Services (if any) shall comply with all applicable laws, regulatory requirements, mandatory standards and codes of practice of any competent authority for the time being in force;
(d) it shall not knowingly introduce into any the Software any computer software routine intended or designed to disable, damage, erase, disrupt or impair the normal operation of, or provide unauthorised access to or modification or monitoring of, any computer system or any software or information stored on any computer system, including viruses, worms, time bombs, time locks, drop-dead devices, access codes, security keys, back oors or trap door devices;
(e) the Software does not, and shall not, contain any Restrictive Open Source Software; and
(f) the Software shall perform substantially in accordance with the Documentation for a period of 90 days after: (i) the first Quote Effective Date; and (ii) the provision of a New Version in accordance with these Terms, provided that this warranty shall not apply to error or failure resulting from: (i) machine error; (ii) the Licensee's (and/or its Affiliates') failure to follow operating instructions; (iii) negligence or accident by any person or entity other than the Licensor; or (iv) modifications to the Software by any person or entity other than the Licensor.
6.2 The Licensee represents and warrants that:
(a) it has the right to enter into these Terms and to perform its obligations as contemplated by these Terms; and
(b) in the performance of its obligations under these Terms, it shall comply with (and shall procure that its Affiliates shall comply with) all applicable laws, regulatory requirements, mandatory standards and codes of practice of any competent authority for the time being in force.
6.3 THE LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE MATERIALS OR THE CODE PRODUCED BY THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE LICENSOR PROVIDES THE SOFTWARE MATERIALS ON AN "AS IS" BASIS AND ALL WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
6.4 THE LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE WARRANTY IN CLAUSE 6.1(f) SHALL BE TO REQUIRE THE LICENSOR TO REPAIR THE AFFECTED PORTION OF THE SOFTWARE TO ENSURE THAT IT COMPLIES WITH THE DOCUMENTATION.
7. Insurance
7.1 Without prejudice to the Licensee's obligations and liabilities under these Terms, the Licensee shall effect and maintain in force for the duration of these Terms, with reputable and substantial insurers, such policies of insurance as are sufficient for a business of the Licensee's type and to cover all potential liability of the Licensee under these Terms, including professional indemnity insurance and public liability insurance. If coverage is written on a claims made basis, it shall be maintained by the Licensee for at least six years following the termination of these Terms. The Licensee shall, on the Licensor's request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
8. Intellectual Property Rights
8.1 All Intellectual Property Rights in the Licensor Materials and Software Materials shall, at all imes, be and remain the exclusive property of the Licensor or its third-party licensors. The Licensor grants the Licensee, for the term of these Terms, a limited, non-transferable, royalty-free, non-exclusive licence to use the Licensor Materials for the Licensee's internal business purposes only in connection with the receipt of the Software Materials and Support Services in accordance with these Terms.
8.2 All Intellectual Property Rights in the Licensee Materials shall, at all times, be and remain the exclusive property of the Licensee or its third-party licensors. If applicable, the Licensee grants the Licensor, for the term of these Terms, a limited, non-transferable, royalty-free, non-exclusive licence to use the Licensee Materials only for the purpose of carrying out its obligations in accordance with these Terms. Subject to clause 8.1, no Intellectual Property Rights in any Application or Modification created by the Licensee will be deemed to transfer to the Licensor under these Terms.
8.3 Each party may use or re-use any skills, knowledge, experience, technical information, inventions, ideas or techniques of whatever nature utilised or gained by such party in the course of performing its obligations under these Terms ("Know-how"), for its own benefit or the benefit of third parties, provided that such Know-how does not involve:
(a) the infringement of any part of the Intellectual Property Rights belonging to the other party (or the other party's third-party licensors); or
(b) the use or disclosure of Confidential Information of the ther party where such use or disclosure would be in breach of clause 11.
9. Indemnities
9.1 The Licensor shall indemnify, defend and hold harmless the Licensee against all Losses that the Licensee incurs or suffers however arising as a result of or in connection with any claim that the receipt, possession or use of any of the Software Materials, Licensor Materials and/or Support Services by the Licensee infringes the Intellectual Property Rights or other proprietary rights of any third party, provided that:
(a) the Licensee notifies the Licensor in writing as soon as easonably practicable of any claim under clause 9.1 of which the Licensee has notice (an "Indemnified Claim");
(b) the Licensee does not admit any liability or agree to any settlement or compromise of an Indemnified Claim without the prior written consent of the Licensor, which shall not be unreasonably withheld or delayed;
(c) the Licensor shall, at any time from notification in accordance with clause 9.1(a), at the Licensor's request, cost and expense, be entitled to assume exclusive conduct of the Indemnified Claim (which shall include the right to conduct any proceedings or action in relation to, negotiate the settlement of, and to conduct all discussions and dispute resolution efforts in connection with the Indemnified Claim, provided that no settlement of a claim which would or might affect any rights of the Licensee, or involve any admission of fault or liability on the part of the Licensee, shall be entered into without the Licensee's prior written consent); and
(d) the Licensee shall give the Licensor all assistance that the Licensor may reasonably require in connection with the conduct of the Indemnified Claim.
9.2 Without prejudice to clause 9.1, in the event that the receipt, possession or use of any of the Software Materials, Licensor Materials and/or Support Services is restricted as a result of any claim for which the Licensor is obliged to indemnify under clause 9.1, the Licensor may, at its discretion, either procure the rights necessary for continued receipt, possession and use or promptly carry out such modification or replacement as may be necessary to make receipt, possession and use non-infringing.
9.3 The Licensor's obligations in clauses 9.1 and 9.2 shall not apply if the third party claim against the Licensee:
(a) does not state with specificity that the Software Materials, Licensor Materials and/or Support Services are the basis of the third party claim against the Licensee;
(b) arises from the use or combination of the Software Materials, Licensor Materials and/or Support Services or any part thereof with software, hardware, data, materials, or processes not provided by the Licensor and the infringement would not have occurred without such use or combination;
(c) arises from Software Materials, Licensor Materials and/or Support Services provided to the Licensee at no charge; or
(d) arises from the Licensee Materials, or the acts or omissions of Licensee Developers, or the Licensee's breach of these Terms.
10. Exclusions and limitations
10.1 Neither party's liability:
(a) for death or personal injury caused by its negligence;
(b) for fraudulent misrepresentation or for any other fraudulent act or omission;
(c) for breach of clauses 3.6, 3.7 and/or 11;
(d) for breach of any indemnity contained in these Terms; or
(e) for any other liability which may not lawfully be excluded or limited;
is excluded or limited by these Terms, even if any other term of these Terms would otherwise suggest that this might be the case.
10.2 SUBJECT TO CLAUSE 10.1, NEITHER PARTY SHALL BE LIABLE FOR:
(a) ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS;
(b) ANY LOSS OF PROFIT;
(c) LOSS OF BUSINESS OR CONTRACTS;
(d) LOST PRODUCTION OR OPERATION TIME;
(e) LOSS OF OR CORRUPTION TO DATA; OR
(f) LOSS OF GOODWILL OR ANTICIPATED SAVINGS;
HOWEVER ARISING (WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE), WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR IF THE PARTY WHICH WOULD OTHERWISE BE LIABLE FOR SUCH LOSS WAS ADVISED OF ITS POSSIBILITY (AND, FOR THE PURPOSES OF THIS CLAUSE 10.2, THE TERM "LOSS" INCLUDES A PARTIAL LOSS OR REDUCTION IN VALUE AS WELL AS A COMPLETE OR TOTAL LOSS).
10.3 SUBJECT TO CLAUSES 10.1 AND 10.2, A PARTY'S TOTAL LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATING TO THESE TERMS OR ITS SUBJECT MATTER AND TO ANYTHING WHICH IT HAS DONE OR NOT DONE IN CONNECTION WITH THE SAME (WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) SHALL BE LIMITED, IN AGGREGATE FOR ALL CLAIMS ARISING, TO THE GREATER OF: (A) THE TOTAL OF ALL AMOUNTS PAYABLE (WHETHER OR NOT YET PAID) BY THE LICENSEE UNDER THESE TERMS; AND (B) $5,000. THE TOTAL LIABILITY OF A PARTY FOR ANY SPECIFIC EVENT WILL NOT EXCEED THE TOTAL AGGREGATE LIABILITY FOR SUCH PARTY, AS CALCULATED ABOVE, LESS ANY SUMS PAYABLE FOR PREVIOUS EVENTS GIVING RISE TO LIABILITY ON THE PART OF SUCH PARTY THAT HAVE OCCURRED PRIOR TO THE DATE OF THE SPECIFIC EVENT.
11. Confidentiality
11.1 Each party shall:
(a) keep confidential all Confidential Information of the other party which it receives in connection with these Terms;
(b) only use such Confidential Information as strictly necessary for the performance of, or exercise of its rights under, these Terms;
(c) subject to clause 11.2, not disclose such Confidential Information to any third party, other than its professional advisers, officers, employees, agents, contractors and sub-contractors (and any Affiliates and sub-licensees where permitted under these Terms) on a 'need to know' basis as strictly required for the purposes of and as permitted under these Terms and subject to each such person being bound by an obligation of confidentiality equivalent to this clause 11; and
(d) promptly, upon request and, in any event, upon termination of these Terms(for whatever reason), return to the other party all materials (in whatever form) incorporating, embodying or recording any such Confidential Information in its possession or control and, if requested by the other party, certify in writing that it has done so.
11.2 Either party may disclose the other's Confidential Information to the extent required by law or by any court, tribunal, regulator or other authority with competent jurisdiction to order its disclosure (but only to the extent of such requirement), provided that, to the extent permitted by law, the party compelled to make such disclosure shall notify the other party of the disclosure in advance.
12. Data protection
12.1 Each party shall at all times during the term of these Terms, comply with the Data Protection Legislation.
12.2 The Licensor sets out how it uses end user personal data in its privacy policy (that can be found at https://www.ag-grid.com/privacy).
12.3 The Licensee shall not send the Licensor any personal data or carry out any act or omission which would result in the Licensor processing any personal data, from which any individual may be directly or indirectly identified, unless otherwise expressly agreed between the parties in advance.
12.4 It is not expected that the Licensor will process any personal data in the provision of the Services as a processor for GDPR purposes but if it does the parties shall ensure data processing clauses are included in the relevant Order.
12.5 The Licensor does not anticipate that it will receive Personal Data when providing the Support Services, however, to the extent that the parties do share any Personal Data for the purposes of the provision of the Support Services, the parties agree they will be independent controllers of any Personal Data shared and shall each comply with their obligations under Data Protection Legislation.
12.6 Where Personal Data shared as part of the Support Services is transferred outside the UK or the EEA, except if to an Adequate Country, the parties agree that the EU SCCs as amended by the UK Approved Addendum shall apply in respect of that processing. The Licensor is the "data importer" and will comply with the obligations of the "data importer" in the EU SCCs accordingly and the Licensee is the "data exporter" and will comply with the obligations of the "data exporter" accordingly.
12.7 The EU SCCs will apply as follows
(a) clause 7 (Docking Clause) of Section 1 will apply;
(b) the second paragraph of clause 11 (a) (Redress) of Section II (relating to an independent resolution body) will not apply;
(c) clause 13 (a) (Supervision) of Section II will apply based on where the Licensee, as data exporter is: (i) established in the EU: "the supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C will act as competent supervisory authority"; (ii) outside of the EU but within the extraterritorial scope of the EU GDPR and has appointed an EU representative: "the supervisory authority of the Member State in which the representative within the meaning of Article 27 (1) of Regulation EU 2016/ 679 is established, as indicated in Annex I.C will act as competent supervisory authority"; (iii) outside of the EU but within the extraterritorial scope of the EU GDPR and is not required to appoint an EU representative: "The supervisory authority is one of the Member States in which the data subjects whose personal data is transferred under these clauses in relation to the offering of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex I.C, will act as competent supervisory authority."
(d) Option 1 of clause 17 will apply and the governing law will be the law of the Republic of Ireland; and
(e) in clause 18 (b), the courts will be the courts of the Republic of Ireland.
12.8 The UK Approved Addendum shall apply as set out in Exhibit B to these Terms.
13. Commencement and duration of Terms
13.1 These Terms shall commence on the Effective Date and shall, unless sooner terminated in accordance with its terms, terminate automatically without notice on expiry or termination of the last Quote.
14. Commencement and duration of Quotes
14.1 The relevant Quote is effective as of the later of the: (i) Effective Date; and (ii) effective date set out in the relevant Quote ("Quote Effective Date"). The relevant Quote shall commence on the relevant Quote Effective Date and shall, unless sooner terminated in accordance with its terms or these Terms, continue for a period of 12 months ("Quote Initial Term") when it shall terminate automatically without notice unless, no later than 30 days before the end of the relevant Quote Initial Term (or any Quote Renewal Term agreed in accordance with this clause), the parties agree in writing (by entering into an Additional Quote), that the terms of the relevant Quote shall be extended for a period of 12 months from the effective date set out in the relevant Additional Quote, unless the terms of the relevant Additional Quote expressly state otherwise: ("Quote Renewal Term)".
14.2 Unless the relevant Quote is further extended in accordance with this clause or terminated earlier in accordance with its terms or these Terms, the relevant Quote shall terminate automatically without notice at the end of the relevant Quote Renewal Term.
15. Termination
15.1 Either party may terminate these Terms and/or any Quote by giving the other written notice if:
(a) the other materially breaches any term of these Terms and it is not possible to remedy that breach;
(b) the other materially breaches any term of these Terms and it is possible to remedy that breach, but the other fails to do so within 30 days of being requested in writing to do so;
(c) the other suffers or undergoes an Insolvency Event and to the extent such termination is permitted under applicable law; or
(d) the other is delayed in performing its obligations under these Terms under clause 17 for a period of 30 days or more.
For the purposes of this clause 15.1, in order for it to be possible to remedy a breach it must be possible to take steps so as to put the other party into the same position which (save as to the date) it would have been in if the breach had never occurred.
16. Consequences of termination
16.1 Termination of any Quote will not have the effect of terminating the whole Terms or any other Quote, but termination of these Terms will automatically terminate all Quotes.
16.2 Termination of these Terms and/or any Quote for any reason will not affect:
(a) any accrued rights or liabilities which either party may have by the time termination takes effect; or
(b) the coming into force or the continuation in force of any of its provisions that expressly or by implication are intended to come into force or continue in orce on or after termination. Without prejudice to the foregoing, clauses 3, 4, 6, 7, 9, 10, 11, 16 and 18 shall survive termination of these Terms.
17. Force majeure
Neither party will be liable to the other for any failure or delay in performing its obligations under these Terms which arises because of any circumstances which it cannot reasonably be expected to control (including any fire, flood, earthquake, elements of nature or acts of God, acts of war (whether or not war is declared), terrorism, riots, civil disorders, rebellions or revolutions, strikes, lock outs or other form of industrial action, provided that nothing shall affect the Licensee's obligation to make any payments due under these Terms.
18. General
18.1 Except as expressly permitted under these Terms, the Licensee may not sub-license or assign, sub-contract or delegate any or all of its rights or obligations under these Terms without the prior written consent of the Licensor.
18.2 In the event that the Licensor consents to the Licensee sub-contracting performance of its obligations, the Licensee will remain liable for performance of the relevant obligations and shall procure that the sub-contractor complies with all relevant provisions of these Terms applying to performance of the obligations concerned.
18.3 All notices and consents relating to these Terms must be in writing. Notices must be sent to the address of the recipient set out in these Terms or otherwise notified by the relevant party in accordance with these Terms. Notices shall be sent by hand or by first class recorded delivery or registered post or other form of certified or registered mail (and sent by air mail if posted to or from a place outside the United Kingdom) and shall be treated as having been delivered:
(a) if sent by hand, when delivered;
(b) if sent by registered mail, two days after the date of posting (or, if sent by air mail, seven days after the date of posting); and
(c) if sent by email, at 9.00am on the next Business Day following transmission.
18.4 Unless the parties expressly agree otherwise in writing:
(a) if a party:
(i) fails to exercise or delays exercising or only exercises partially any right or remedy provided under these Terms or by law; or
(ii) agrees not to exercise or to delay exercising any right or remedy provided under these Terms or by law;
then that party shall not be deemed to have waived and shall not be precluded or restricted from further exercising that or any other right or remedy; and
(b) no right, power or remedy under these Terms or otherwise available to a party is exclusive of any other right, power or remedy under these Terms or otherwise available to that party.
18.5 If any provision of these Terms is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforceability of any other provision of these Terms or these Terms as a whole. If any provision of these Terms is so found to be ineffective or unenforceable but would be effective or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it effective and enforceable.
18.6 All variations to these Terms must be agreed, set out in writing and signed on behalf of both parties before they take effect.
18.7 Except to the extent that these Terms expressly provide otherwise, nothing in these Terms shall or is intended to create a partnership or joint venture between the parties, constitute one party as agent of the other or give either party authority to make or enter into commitments, assume liabilities or pledge credit on behalf of the other party. Neither party may act as f it were or represent (expressly or by implying it) that it is, an agent of the other or has such authority.
18.8 Each party confirms that, in entering into and performing these Terms, it is acting as principal and not as the agent of any undisclosed third-party principal.
18.9 A person who is not a party to these Terms shall not have any rights under or in connection withcit, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.10 The Licensor shall:
(a) comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption, including the Bribery Act 2010 ("Act");
(b) not do anything which would constitute an offence or which would cause the Licensee to commit an offence under the Act;
(c) have and shall maintain in place throughout the term of these Terms its own policies and procedures (copies of which will be made available to the Licensee upon equest), including adequate procedures to ensure compliance with the Act as informed by the principles outlined in the guidance to the Act, and will enforce them where appropriate;
(d) promptly report to the Licensee any request or demand for any undue financial or other advantage of any kind received by the Licensor in connection with the performance of these Terms; and
(e) procure that all associated persons (as defined in the Act) of the Licensor will comply with clauses 18.10(a) to (c).
A breach of this clause 18.10 by the Licensor shall constitute a material breach entitling the Licensee to terminate these Terms immediately on written notice.
18.11 These Terms sets out all of the terms that have been agreed between the parties in relation to the subjects covered by it and no other terms shall be applicable between the parties in relation to such subjects, including without limitation, any terms set out on any purchase orders that have been issued by the Licensee. Each party acknowledges that it has not been influenced to enter these Terms by, and shall have no right or remedy (other than for breach of contract) in respect of, anything the other party has said or done or committed to do, except as expressly recorded in these Terms, provided always that nothing in this clause 18.11 will operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
18.12 These Terms are governed by English law. The parties submit to the exclusive jurisdiction of the English courts in relation to any dispute or difference between the parties arising out of or in connection with these Terms, its interpretation or subject-matter, but the Licensor is also entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce its Intellectual Property Rights and/or Confidential Information.
SCHEDULE 1
Support Services
1. Scope of Support Services
1.1 Licensor shall provide the following Support Services for the Software in accordance with these Terms:
(a) an online support forum, access to which is restricted to members who have been granted access by the Licensor ("Support Forum"), monitored by personnel who are qualified to maintain and support the Software during the hours of 9am and 5pm on Business Days ("Support Hours").
(b) corrective maintenance as described in paragraph 2; and
(c) a software updating service as described in paragraph 3.
1.2 The Support Services will be provided in English.
1.3 The Licensee shall be entitled to 10 Support Requests during the Initial Term or a single Renewal Term per Licensee Developer under the same relevant licence. Such available Support Requests may be pooled between the number of Licensee Developers under the same relevant licence.
1.4 Notwithstanding anything else in these Terms, the Licensor shall not be obliged to provide Support Services:
(a) in relation to any Error to the extent that it is caused by the Licensee's (or any of its Affiliates') misuse, misconfiguration, alteration or damage to the Software; the Licensee's (or any of its Affiliates') failure to install an Update; or use of the Software in breach of these Terms;
(b) in relation to more than 10 Support Requests during the relevant Quote Initial Term or relevant Quote Renewal Term per Licensee Developer under the same relevant licence (i.e. per Single Application Developer Licence, Multiple Applications Developer Licence and/or Deployment Licence Add-On);
(c) on any public holiday day in the UK and on 27, 28, 29 30 and 31 December of each year; and
(d) for any additional holiday period during which the Licensor shall not be open for business, such holiday period(s) to be made publicly available at https://www.ag-grid.com/javascript-data-grid at least 1 month prior to the commencement date of any such holiday period.
2. Corrective maintenance
(a) Upon receipt of a Support Request, the Licensor shall use its reasonable endeavours to commence corrective maintenance or otherwise resolve the Support Request by the end of the following Business Day.
(b) Notwithstanding anything else in this SCHEDULE 1, the Licensor shall only be required to resolve Support Requests:
(a) which relate to the current release of the Software and previous releases that were released less than 12 months before the date of a Support Request; and
(b) if a New Version is not available which would otherwise resolve the Support Request, in which case the relevant Licensee Developer(s) may acquire such New Version.
3. Software updating service
3.1 The Licensor shall promptly make available to the Licensee Developers, as part of the Support Services, all Updates issued generally by the Licensor to its customers or to users of the Software.
3.2 The Licensee Developers shall have the right, in their sole discretion, to acquire any Update and, at any time, to download, or require the Licensor to make available such Update for download in the then-existing Software or, if appropriate, to substitute any New Version for the then-existing version. Updates will, upon installation (or, in the case of substitution of a New Version, upon substitution) be deemed part of the Software, governed by and to be maintained in accordance with these Terms.
3.3 The Licensor shall promptly notify the Licensee Developers of all revisions, additions or updates to all Documentation which may be necessary as a result of the provision of any Update to enable proper use to be made of the Software by the Licensee Developers.
SCHEDULE 2
EXHIBIT A
EU STANDARD CONTRACTUAL CLAUSES (ANNEXES)
COMMISSION IMPLEMENTING DECISION (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council
ANNEX 1 TO THE EU STANDARD CONTRACTUAL CLAUSES
A. LIST OF PARTIES
MODULE ONE: Transfer controller to controller
Data exporter(s):
Name: The data exporter is the Licensee.
Address: The Licensee's address is as provided by the Licensee.
Contact person's name, position and contact details: To be provided by the Licensee.
Activities relevant to the data transferred under these clauses: As set out in the Addendum and these Terms.
Signature and date: The signature and effective date of these Terms apply.
Role (controller/processor): Controller
Data importer(s):
Name: The data importer is the Licensor.
Address: The Licensor's address is set out in the Quote.
Contact person's name, position and contact details: To be provided by the Licensor.
Activities relevant to the data transferred under these clauses: As set out in the Addendum and these Terms.
Signature and date: The signature and effective date of these Terms apply.
Role (controller/processor): Controller
B. DESCRIPTION OF TRANSFER
MODULE ONE: Transfer controller to controller
Categories of data subjects whose personal data is transferred
End users
Categories of personal data transferred
Names, email addresses and job titles
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions access to the data, restrictions for onward transfers or additional security measures
None. The Licensee will not provide the Licensor with any special category or sensitive data and the Licensor will not process any such data within the context of the services under these Terms.
The frequency of the transfer (e.g whether the data is transferred on a one-off or continuous basis)
For the duration of these Terms.
Nature of the processing
Personal Data may be received, processed, and stored in order to provide the Services in accordance with these Terms.
Purpose(s) of the data transfer and further processing
To provide the Services.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period
The data exporter determines the duration of processing in accordance with the terms of the Data Processing Addendum.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing
Sub-processors: Google, Salesforce, Zendesk
Subject matter: names, email addresses and title
Information stored for the purpose of corresponding with customers to carry on business with them and provide Support Services as provided in SCHEDULE 1 of these Terms.
Duration for all: for the duration of these Terms.
EXHIBIT B
Information Required for UK Approved Addendum
For the purposes of the UK Approved Addendum:
• the information required for Table 1 is contained in Annex I to the EU Standard Contractual Clauses of these Terms and the start date shall be the same date as the Effective Date.
• in relation to Table 2, the versions of the EU Standard Contractual Clauses to which the UK Approved Addendum applies are the Controller-to-Controller Module (Module 1).
• In relation to Table 3, the description of the transfer are as set out in Annex I of the EU Standard Contractual Clauses at Exhibit A of these Terms.
• In relation to Table 4, neither party will be entitled to terminate the UK Approved Addendum in accordance with clause 19 of the UK Mandatory Clauses.
AGENTX++ LICENSE AGREEMENT
==========================
THIS LICENSE AGREEMENT (this "Agreement") is made effective as of the date the
product is installed by and between (i) Frank Fock, the author of AgentX++
("LICENSOR") and the party executing this Agreement as Licensee ("LICENSEE").
1. DEFINITIONS.
1.1 The term "Software Product" means Frank Fock's AgentX++ computer software
(including Source Code, derived Object Code, and derived Executable Code as
defined in Section 1.3, 1.4, and 1.5) and documentation thereof, as specified in
Exhibit A, that is provided by LICENSOR to LICENSEE hereunder, including bug
fixes and updates thereto provided by LICENSOR to LICENSEE in connection with
this Agreement. The term "derived" in the above context refers to the process of
creating machine executable code from the original Source Code only. It does
not refer to amendment or alteration of the original Source Code by LICENSOR
or any third party.
1.2 The term "Intellectual Property Rights" means patent rights, copyright
rights, trade secret rights, and any other intellectual property rights.
1.3 The term "Executable Code" is a fully compiled and linked program that
contains any code derived from the Software Product. It can no longer be altered
or combined with any other code. Executable code is ready to be executed by a
computer and is essentially a complete software image for use in a specific
product.
1.4 The term "Object Code" is any compiled version of the Software Product that
can be linked and therefore combined with other code to create Executable Code.
Examples of Object Code are libraries and software development kits, in
particular SNMP agent development kits.
1.5 The term "Source Code" is the human readable form of the Software Product,
as specified in Exhibit A.
1.6 Documentation means the documentation regarding the Licensed Software
provided by LICENSOR to LICENSEE hereunder.
1.7 The term "Site" is a specific address belonging to a single business unit
operating at that address.
2. GRANT OF LICENSE.
2.1 Source Code Site License. Subject to the terms and conditions of this
Agreement, and upon payment by LICENSEE to LICENSOR of the one-time license fee
set forth in Addendum A, LICENSOR grants LICENSEE a perpetual (subject to
termination rights in Section 6), non-exclusive, non-transferable license to
reproduce, use, modify, or have modified by a third party contractor
(modifications in accordance to Section 2.6) subject to a confidentiality
agreement no less restrictive than this Agreement, the Source Code for
internal use only, for the sole purpose of developing AgentX-enabled SNMP
agents at the Site (hereafter "Licensed Site") specified by LICENSEE during
license purchase. Additionally, Customer’s contractors and employees reporting
directly and only to a manager at the Licensed Site, such as telecommuters, may
use the Software Product at remote locations. Off-site employees re-porting in
any way to a manager at their location are not covered under this Site License.
2.2 Except as specified in 2.1, neither the Software Product Source Code nor
Object Code derived from the Software Product may be redistributed or resold.
Executable Code programs derived from the Software Product may be redistributed
and resold without limitation and without royalty, provided that LICENSEE
added significant functionality to those derived Excecutable Code programs.
Functionality in this context refers to the program's behavior, not appearance.
2.3 No Sublicense Right. LICENSEE has no right to transfer, or sublicense
the Licensed Software to any third party, except as specified in 2.2 and
except if the third party takes over the business of LICENSEE.
2.4 Other Restrictions in License Grants. LICENSEE may not: (i) copy the
Licensed Software, except as necessary to use the Licensed Software in
accordance with the license granted under Section 2.1 and 2.2, and
except for a reasonable number of backup copies.
2.5 No Trademark License. LICENSEE has no right or license to use any trademark
of LICENSOR during or after the term of this Agreement.
2.6 Proprietary Notices. The Licensed Software is copyrighted. All proprietary
notices incorporated in, marked on, or affixed to the Licensed Software by
LICENSOR shall be duplicated by LICENSEE on all copies, in whole or in part, in
any form of the Licensed Software and not be altered, removed, or obliterated on
such copies.
2.7 Reservation. LICENSOR reserve all rights and licenses to the Licensed
Software not expressly granted to LICENSEE under this Agreement.
2.8 Delivery. Upon execution of this Agreement, and payment of the amounts due
and owing under this Agreement, LICENSOR will provide LICENSEE with one (1) copy
of the Software Product by downloading from LICENSOR's Web site.
3. PRODUCT WARRANTY.
3.1. LICENSOR warrants to LICENSEE that, at the date of delivery of the Software
Product to LICENSEE and for a period ending 90 days following the date of
delivery of the Software Product to LICENSEE the Software Product shall perform
substantially in accordance with the published specifications and
Documentation. If notified in writing by LICENSEE, LICENSOR may, at its
option, correct significant program errors in the Software Product within a
reasonable time period. THE FOREGOING PRODUCT WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER
IMPOSED BY CONTRACT, STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OR
OTHERWISE.
3.2. In no event shall LICENSOR be liable to LICENSEE, in excess of the
price paid to LICENSOR by LICENSEE for the Software Product hereunder, for any
breach of warranty or any claim, loss or damage arising from or relating to the
installation, use or performance of the Software Product (including, without
limitation, any indirect, special, incidental or consequential damages).
3.3. LICENSOR reserves the right at any time to make changes to the Software
Product.
3.4. IN NO EVENT SHALL LICENSOR BE LIABLE (WHETHER IN TORT, NEGLIGENCE,
CONTRACT, WARRANTY, PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR SAVINGS
ARISING OUT OF ITS PERFORMANCE OR NONPERFORMANCE OF TERMS OF THIS AGREEMENT OR
THE USE, INABILITY TO USE OR RESULTS OF USE OF THE SOFTWARE PRODUCT EVEN IF
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.5 In no event will LICENSOR be liable for any third-party products used with,
or installed in, the Software Product. LICENSOR does not warrant the
compatibility of the Software Product with any third-party products, whether
hardware or software.
3.6 The above sections do not apply for liability for damages caused by gross
negligence or wilful default.
3.7 General Provision. This warranty shall not apply in any case of amendment or
alterations of the Software Product made by LICENSEE.
4. INTELLECTUAL AND PROPERTY INDEMNIFICATION.
4.1. LICENSOR agrees to indemnify and hold LICENSEE harmless from any final
award of costs and damages against LICENSEE for any action based on infringement
of any German intellectual property rights as a result of the use of the
Licensed Software: (i) under the terms and conditions specified herein; (ii)
under normal use; and (iii) not in combination with other items; provided
that LICENSOR is promptly notified in writing of any such suit or claim
against LICENSEE and further provided that LICENSEE permits LICENSOR to
defend, compromise or settle the same and gives LICENSOR all available
information, reasonable assistance and authority to enable LICENSOR to do
so. LICENSOR'S LIABILITY TO LICENSEE PURSUANT TO THIS ARTICLE IS LIMITED TO THE
TOTAL FEES PAID BY LICENSEE TO LICENSOR IN THE CALENDAR YEAR IN WHICH ANY FINAL
AWARD OF COSTS AND DAMAGES IS DUE AND OWING.
5. TRADE SECRETS AND PROPRIETARY INFORMATION.
5.1. LICENSEE acknowledges that LICENSOR is the owner of the Software Product,
that the Software Product is confidential in nature and not in the public
domain, that LICENSOR claims all intellectual and industrial property rights
granted by law therein and that, except as set forth herein, LICENSOR does not
hereby grant any rights or ownership of the Software Product to LICENSEE or
any third party. Except as set forth herein, LICENSEE agrees not to copy or
otherwise reproduce the Software Product, in whole or in part, without
LICENSOR's prior written consent. LICENSEE further agrees to take all
reasonable steps to ensure that no unauthorized persons shall have access to the
Software Product and that all authorized persons having access to the Software
Product shall refrain from any such disclosure, duplication or
reproduction except to the extent reasonably required in the performance of
LICENSEE'S rights under this Agreement.
5.2. LICENSEE agrees to accord the Software Product and the Documentation and
all other confidential information relating to this Agreement the same degree
and methods of protection as LICENSEE undertakes with respect to its
confidential information, trade secrets and other proprietary data.
5.3. LICENSEE agrees not to challenge, directly or indirectly, the right, title
and interest of LICENSOR in and to the Software Product, nor the
validity or enforceability of LICENSOR's rights under applicable law. LICENSEE
agrees not to directly or indirectly, register, apply for registration or
attempt to acquire any legal protection for the Software Product or any
proprietary rights therein or to take any other action which may adversely
affect LICENSOR's right, title or interest in or to the Software Product in any
jurisdiction.
5.4. LICENSEE acknowledges that, in the event of a material breach by LICENSEE
of its obligations under this Article 5, LICENSOR may immediately
terminate this Agreement, without liability to LICENSEE and may bring an
appropriate legal action to enjoin any such breach hereof, and shall be
entitled to recover from LICENSEE reasonable legal fees and costs in
addition to other appropriate relief.
5.5. LICENSEE agrees to notify LICENSOR immediately and in writing of all
circumstances surrounding the unauthorized possession or use of the Software
Product and Documentation by any person or entity. LICENSEE agrees to cooperate
fully with LICENSOR in any litigation relating to or arising from such
unauthorized possession or use.
6. TERMINATION.
6.1. LICENSOR may terminate this Agreement at any time after the occurrence of
any of the following events if LICENSOR provides 30 days notice of its intention
to terminate as a result of the occurrence and LICENSEE fails to cure such
occurrence within such 30 days:
(a) LICENSEE is declared or acknowledges that it is insolvent or otherwise
unable to pay its debts as they become due or upon the filing of any proceeding
(whether voluntary or involuntary) for bankruptcy, insolvency or relief from
creditors of LICENSEE;
(b) LICENSEE assigns or transfers this Agreement or any of its rights to
obligations hereunder, without LICENSOR's prior written consent; or
(c) LICENSEE violates any material provision of this Agreement, including
without limitation, the payment obligations set forth in Addendum A.
6.2. LICENSEE may terminate this Agreement at any time after the occurrence of
any of the following events if LICENSEE provides 30 days notice of its intention
to terminate as a result of the occurrence and LICENSOR fails to cure such
occurrence within such 30 days:
(a) LICENSOR is declared or acknowledges that it is insolvent or otherwise
unable to pay its debts as they become due or upon the filing of any
proceeding (whether voluntary or involuntary) for bankruptcy, insolvency or
relief from creditors or LICENSOR; or
(b) LICENSOR violates any material provision of this Agreement.
6.3. Upon the termination of this Agreement for any reason, LICENSEE will
discontinue all use of the Software Product and, within ten (10) days after
termination, will destroy or delete all copies of the Software Product then
in its possession, including but not limited to, any back-up or archival copies
of the Software Product and Documentation. At LICENSOR's request, LICENSEE
will verify in writing to LICENSOR that such actions have been taken.
6.4. No termination of this Agreement for any reason whatsoever shall in any way
affect the continuing obligations of the parties under Articles 5 hereof.
7. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed
pursuant to, the laws of Germany, without reference to conflicts of laws
principles. All controversies and disputes arising out of or relating to this
Agreement shall be submitted to the exclusive jurisdiction of Esslingen am
Neckar, Germany, as long as LICENSEE is deemed to be a merchant (as defined by
Handelsgesetzbuch, §1-7). The United Nations Convention on Contracts
for the International Sale of Goods is specifically disclaimed.
8. GENERAL PROVISIONS.
8.1. This Agreement does not create any relationship of association,
partnership, joint venture or agency between the parties.
8.2. This Agreement (including the Exhibit and Addendum attached to the
Agreement) sets forth the entire agreement and understandings between the
parties hereto with respect to the subject matter hereof. This Agreement
merges all previous discussions and negotiations between the parties and
supersedes and replaces any and every other agreement, which may have existed
between LICENSOR and LICENSEE with respect to the contents hereof.
8.3. Except to the extent and in the manner specified in this Agreement, any
modification or amendment of any provision of this Agreement must be in writing
and bear the signature of the duly authorized representative of each party.
8.4. The failure of either party to exercise any right granted herein, or to
require the performance by the other party hereto of any provision if this
Agreement, or the waiver by either party of any breach of this Agreement, shall
not prevent a subsequent exercise or enforcement of such provisions or be deemed
a waiver of any subsequent breach of the same or any other provision of this
Agreement.
8.5. Except in the case of merger, acquisition or the sale of substantial assets
or equity of Licensee or assignment to any direct or indirect subsidiary or
affiliate of LICENSEE, LICENSEE shall not sell, assign or transfer any of its
rights, duties or obligations hereunder without the prior written consent of
LICENSOR. LICENSOR reserves the right to assign or transfer this Agreement or
any of its rights, duties and obligations hereunder, to any direct or
indirect subsidiary or affiliate of LICENSOR.
8.6. All notices required by this Agreement must be sent by certified mail in
order to be deemed effective when sent to the following:
FOR LICENSOR:
Frank Fock
Maximilian-Kolbe-Str. 10
73257 Koengen, Germany
EXHIBIT A
Licensed Software
AgentX++
a. Source Code - (ANSI C++ for Linux, Solaris, Win32)
Includes AgentX++ and Agent++Win32 Source Code.
b. Executable Code - AgentX++Win32 Master Agent (Win XP/2000/NT4)
ADDENDUM A
For evaluation purposes and non commercial use only, a free license is granted,
provided that the LINCENSEE accepts this license agreement.
In order to obtain a license to use AgentX++ in a commercial environment,
LICENSEE has to purchase a commercial license from LICENSOR. The actual pricing
list and other related information can be found at http://www.agentpp.com
SOFTWARE LICENSE
This software is provided subject to the following terms and conditions,
which you should read carefully before using the software. Using this
software indicates your acceptance of these terms and conditions. If you do
not agree with these terms and conditions, do not use the software.
Redistribution and use in source or binary forms, with or without
modifications, are permitted provided that the following conditions are met:
. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following Disclaimer as comments in the code as
well as in the documentation and/or other materials provided with the
distribution.
. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following Disclaimer in the documentation
and/or other materials provided with the distribution.
. Neither the name of Agere Systems Inc. nor the names of the contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
Disclaimer
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. ANY
USE, MODIFICATION OR DISTRIBUTION OF THIS SOFTWARE IS SOLELY AT THE USERS OWN
RISK. IN NO EVENT SHALL AGERE SYSTEMS INC. OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Agere Systems WinModem End User SOFTWARE LICENSE AGREEMENT
YOU SHOULD READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE
YOU DOWNLOAD AND USE THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE.
ONCE YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS,
YOU MAY DOWNLOAD AND USE THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE.
DOWNLOADING OR USING THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE SHOWS
YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT.
The terms and conditions of this Agreement will apply to the Agere
Systems WinModem Software (hereafter "Software") supplied under this Agreement
and any derivatives obtained therefrom, including any copy. The term Software
includes programs and related documentation supplied herewith.
The following file is made available under the standard Linux license,
a copy of which may be found at .
serial.c
serial24.c
These additional files are not derived from any Linux open source content,
and are subject to the following restrictions.
ltmodem.c
linuxif.h
ltmdmobj.o
Makefile
ltinst
ltuninst
readme.txt
1.0 TITLE AND LICENSE GRANT
1.1 The Software is copyrighted and/or contains proprietary
information protected by law. All Software and all copies
thereof are and will remain the sole property of Agere Systems or
its suppliers. Agere Systems hereby grants you a non-exclusive right
to use the Software, in whatever form recorded, which is furnished to
you under or in contemplation of this Agreement, in an Agere Systems
winmodem. Any other use of the Software or removal of the Software from
a country in which use is licensed shall automatically terminate this license.
1.2 You agree to use your best efforts to see that any user of the Software
licensed hereunder complies with the terms and conditions of this Agreement.
2.0 SOFTWARE USE
2.1 You are permitted to make copies of the Software provided that any such copy
shall contain the same copyright notice and proprietary marking included on
the original Software.
2.2 You agree not to merge or combine any portion of the Software with any other
software, other than the Linux operating system, unless expressly permitted by
the laws of the jurisdiction where you are located. Any portion of the Software
merged or combined with the other software will continue to be the subject of the
terms and conditions of this Agreement and you agree to reproduce on the merged
or combined portion of the Software the copyright and other proprietary rights
notices included in the original Software.
2.3 Redistribution and Usage
Agere permits use and limited redistribution of this Licensed Software in source and
binary forms, with or without modification, subject to the following terms and conditions,
in addition to the terms mentioned in this agreement.
2.3.1 Agere Systems reserves the right not to allow a third party to reuse or
redistribute the software, at its sole discretion.
2.3.2 User hereby agrees not to remove or alter any copyright, trademark, credits
and other proprietary notices contained within or associated with the Licensed
Software, and shall include all such unaltered copyright, trademark, credits and
other proprietary notices on or in every copy of the Software.
2.3.3 Notwithstanding any other provisions in this Agreement to the contrary, any
modifications or alterations made to the Licensed Software shall cause any
warranties and intellectual property indemnifications to become null and
void and of no further effect.
3.0 DISCLAIMER OF WARRANTY
3.1 You understand and acknowledge that the Software may contain errors, bugs or other
defects. The Software is provided on AS-IS basis, without warranty of any kind.
3.2 Agere Systems has used reasonable efforts to minimize defects or errors in the Software.
HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE
THE SOFTWARE. Specifically, but not in limitation of the foregoing disclaimers, Agere
Systems does not warrant that the functions of the Software will meet your requirements
or that the Software operation will be error-free or uninterrupted.
3.3 Agere Systems bears no responsibility for supplying assistance for fixing or for
communicating known errors to you pertaining to the Software supplied hereunder.
3.4 YOU UNDERSTAND THAT AGERE SYSTEMS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.0 EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES
4.1 Regardless of any other provisions of this Agreement, neither Agere Systems nor its
affiliates, contractors, suppliers, or agents shall be liable for any indirect, incidental,
or consequential damages (including lost profits) sustained or incurred in connection with
the use, operation, or inability to use the Software or for damages due to causes beyond
the reasonable control of Agere Systems, its affiliates, contractors, suppliers, and agents
attributable to any service, products, or action of any other person.
4.2 This Agreement shall be construed in accordance with and governed by the laws of the
State of New York.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING
THE SOFTWARE, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
SUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Ago's Private License 1.0:
-----------------------------
Redistribution and use in binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
2. The binary and source may not be sold and/or given away for free.
3. The licensee may only create binaries for his own usage, not for any
third parties.
4. The person using this sourcecode is a developer of said sourcecode.
Redistribution and use in source forms, with or without modification,
are not permitted.
This license may be changed without prior notice.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This is free software; you can redistribute it and/or modify
it under the terms of the AFFERO GENERAL PUBLIC LICENSE as published by
Affero Inc; either version 1, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
AFFERO GENERAL PUBLIC LICENSE for more details.
AFFERO GENERAL PUBLIC LICENSE
Version 1, March 2002
Copyright © 2002 Affero Inc.
510 Third Street - Suite 225, San Francisco, CA 94107, USA
This license is a modified version of the GNU General Public License copyright
(C) 1989, 1991 Free Software Foundation, Inc. made with their permission.
Section 2(d) has been added to cover use of software over a computer network.
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share
and change it. By contrast, the Affero General Public License is intended to
guarantee your freedom to share and change free software--to make sure the
software is free for all its users. This Public License applies to most of
Affero's software and to any other program whose authors commit to using it.
(Some other Affero software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. This
General Public License is designed to make sure that you have the freedom to
distribute copies of free software (and charge for this service if you wish),
that you receive source code or can get it if you want it, that you can change
the software or use pieces of it in new free programs; and that you know you can
do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny
you these rights or to ask you to surrender the rights. These restrictions
translate to certain responsibilities for you if you distribute copies of the
software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a
fee, you must give the recipients all the rights that you have. You must make
sure that they, too, receive or can get the source code. And you must show them
these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer
you this license which gives you legal permission to copy, distribute and/or
modify the software.
Also, for each author's protection and ours, we want to make certain that
everyone understands that there is no warranty for this free software. If the
software is modified by someone else and passed on, we want its recipients to
know that what they have is not the original, so that any problems introduced by
others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish
to avoid the danger that redistributors of a free program will individually
obtain patent licenses, in effect making the program proprietary. To prevent
this, we have made it clear that any patent must be licensed for everyone's free
use or not licensed at all.
The precise terms and conditions for copying, distribution and modification
follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice
placed by the copyright holder saying it may be distributed under the terms of
this Affero General Public License. The "Program", below, refers to any such
program or work, and a "work based on the Program" means either the Program or
any derivative work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications and/or
translated into another language. (Hereinafter, translation is included without
limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by
this License; they are outside its scope. The act of running the Program is not
restricted, and the output from the Program is covered only if its contents
constitute a work based on the Program (independent of having been made by
running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as
you receive it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice and disclaimer of warranty;
keep intact all the notices that refer to this License and to the absence of any
warranty; and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at
your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus
forming a work based on the Program, and copy and distribute such modifications
or work under the terms of Section 1 above, provided that you also meet all of
these conditions:
* a) You must cause the modified files to carry prominent notices stating that
you changed the files and the date of any change.
* b) You must cause any work that you distribute or publish, that in whole or in
part contains or is derived from the Program or any part thereof, to be licensed
as a whole at no charge to all third parties under the terms of this License.
* c) If the modified program normally reads commands interactively when run, you
must cause it, when started running for such interactive use in the most
ordinary way, to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else, saying that
you provide a warranty) and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this License. (Exception:
if the Program itself is interactive but does not normally print such an
announcement, your work based on the Program is not required to print an
announcement.)
* d) If the Program as you received it is intended to interact with users
through a computer network and if, in the version you received, any user
interacting with the Program was given the opportunity to request transmission
to that user of the Program's complete source code, you must not remove that
facility from your modified version of the Program or work based on the Program,
and must offer an equivalent opportunity for all users interacting with your
Program through a computer network to request immediate transmission by HTTP of
the complete source code of your modified version or other derivative work.
These requirements apply to the modified work as a whole. If identifiable
sections of that work are not derived from the Program, and can be reasonably
considered independent and separate works in themselves, then this License, and
its terms, do not apply to those sections when you distribute them as separate
works. But when you distribute the same sections as part of a whole which is a
work based on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the entire whole,
and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your
rights to work written entirely by you; rather, the intent is to exercise the
right to control the distribution of derivative or collective works based on the
Program.
In addition, mere aggregation of another work not based on the Program with the
Program (or with a work based on the Program) on a volume of a storage or
distribution medium does not bring the other work under the scope of this
License.
3. You may copy and distribute the Program (or a work based on it, under Section
2) in object code or executable form under the terms of Sections 1 and 2 above
provided that you also do one of the following:
* a) Accompany it with the complete corresponding machine-readable source code,
which must be distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
* b) Accompany it with a written offer, valid for at least three years, to give
any third party, for a charge no more than your cost of physically performing
source distribution, a complete machine-readable copy of the corresponding
source code, to be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or,
* c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only for
noncommercial distribution and only if you received the program in object code
or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all the
source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and installation
of the executable. However, as a special exception, the source code distributed
need not include anything that is normally distributed (in either source or
binary form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component itself
accompanies the executable.
If distribution of executable or object code is made by offering access to copy
from a designated place, then offering equivalent access to copy the source code
from the same place counts as distribution of the source code, even though third
parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will automatically terminate
your rights under this License. However, parties who have received copies, or
rights, from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Program
or its derivative works. These actions are prohibited by law if you do not
accept this License. Therefore, by modifying or distributing the Program (or any
work based on the Program), you indicate your acceptance of this License to do
so, and all its terms and conditions for copying, distributing or modifying the
Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program),
the recipient automatically receives a license from the original licensor to
copy, distribute or modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the recipients' exercise of the
rights granted herein. You are not responsible for enforcing compliance by third
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7. If, as a consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are imposed
on you (whether by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by all those
who receive copies directly or indirectly through you, then the only way you
could satisfy both it and this License would be to refrain entirely from
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If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply and the
section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or
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people have made generous contributions to the wide range of software
distributed through that system in reliance on consistent application of that
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This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original copyright
holder who places the Program under this License may add an explicit
geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
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the present version, but may differ in detail to address new problems or
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or of any later version published by Affero, Inc. If the Program does not
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You may also choose to redistribute modified versions of this program under any
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or higher, so long as that version of the GNU GPL includes terms and conditions
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NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
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TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
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AFFERO GENERAL PUBLIC LICENSE
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Copyright © 2002 Affero Inc.
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This license is a modified version of the GNU General Public License copyright
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Preamble
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TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice
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These requirements apply to the modified work as a whole. If identifiable
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Thus, it is not the intent of this section to claim rights or contest your
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the recipient automatically receives a license from the original licensor to
copy, distribute or modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the recipients' exercise of the
rights granted herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are imposed
on you (whether by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by all those
who receive copies directly or indirectly through you, then the only way you
could satisfy both it and this License would be to refrain entirely from
distribution of the Program.
If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply and the
section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or
other property right claims or to contest validity of any such claims; this
section has the sole purpose of protecting the integrity of the free software
distribution system, which is implemented by public license practices. Many
people have made generous contributions to the wide range of software
distributed through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing to
distribute software through any other system and a licensee cannot impose that
choice.
This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original copyright
holder who places the Program under this License may add an explicit
geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
case, this License incorporates the limitation as if written in the body of this
License.
9. Affero Inc. may publish revised and/or new versions of the Affero General
Public License from time to time. Such new versions will be similar in spirit to
the present version, but may differ in detail to address new problems or
concerns.
Each version is given a distinguishing version number. If the Program specifies
a version number of this License which applies to it and "any later version",
you have the option of following the terms and conditions either of that version
or of any later version published by Affero, Inc. If the Program does not
specify a version number of this License, you may choose any version ever
published by Affero, Inc.
You may also choose to redistribute modified versions of this program under any
version of the Free Software Foundation's GNU General Public License version 3
or higher, so long as that version of the GNU GPL includes terms and conditions
substantially equivalent to those of this license.
10. If you wish to incorporate parts of the Program into other free programs
whose distribution conditions are different, write to the author to ask for
permission. For software which is copyrighted by Affero, Inc., write to us; we
sometimes make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and of
promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AFFERO GENERAL PUBLIC LICENSE
Version 2, November 2007
Copyright © 2007 Affero Inc.
510 Third Street - Suite 225, San Francisco, CA 94107, USA
This is version 2 of the Affero General Public License. It gives each licensee
permission to distribute the Program or a work based on the Program (as defined
in version 1 of the Affero GPL) under the GNU Affero General Public License,
version 3 or any later version.
If the Program was licensed under version 1 of the Affero GPL "or any later
version", no additional obligations are imposed on any author or copyright
holder of the Program as a result of a licensee's choice to follow this version
2 of the Affero GPL.
Last revision: 21 May 2017
Bacula is licensed under the GNU Affero General Public License, version
3.0 as published by the Free Software Foundation, Inc. ("AGPLv3").
Additional Terms on the work licensed herein, pursuant to Section 7 of
Affero General Public License are as follows:
1. The name Bacula is a registered trademark of Kern Sibbald, and Kern
Sibbald hereby declines to grant a trademark license to "Bacula"
pursuant to AGPLv3, Section 7(e) without a separate agreement with Kern
Sibbald.
2. Pursuant to AGPLv3, Section 7(a), in addition to the warranty and
liability disclaimers already found in AGPLv3, the copyright holders
specifically disclaim any liability for accusations of patent
infringement by any third party.
3. Pursuant to AGPLv3, Section 7(b), the portions of the file AUTHORS that
are deemed to be specified reasonable legal notices and/or author
attributions shall be preserved in redistribution of source code and/or
modifications thereof. Furthermore, when the following notice appears in
a source code file, it must be preserved when source code is conveyed
and/or propagated:
Bacula(R) - The Network Backup Solution
Copyright (C) 2000-2017 Kern Sibbald
The original author of Bacula is Kern Sibbald, with contributions
from many others, a complete list can be found in the file AUTHORS.
You may use this file and others of this release according to the
license defined in the LICENSE file, which includes the Affero General
Public License, v3.0 ("AGPLv3") and some additional permissions and
terms pursuant to its AGPLv3 Section 7.
This notice must be preserved when any source code is conveyed
and/or propagated.
Bacula(R) is a registered trademark of Kern Sibbald.
Additional Permissions on the work licensed herein, pursuant to Section 7 of
AGPLv3 are as follows:
1. As a special exception to the AGPLv3, the copyright holders give
permission to link the code of its release of Bacula with the OpenSSL
project's "OpenSSL" library (or with modified versions of it that use the
same license as the "OpenSSL" library), and distribute the linked
executables. You must follow the requirements of AGPLv3 in all respects
for all of the code used other than "OpenSSL".
2. As a special exception to the AGPLv3, the copyright holders give
permission to link the code of its release of the Bacula Win32 File daemon
with the Microsoft supplied Volume Shadow Copy (VSS) libraries and
distribute the linked executables. You must follow the requirements of
the AGPLv3 in all respects for all of the code used other than for the
Microsoft VSS code.
If you want to fork Bacula, please read the file LICENSE-FAQ.
The copyright for certain source files may include in addition to what is
listed above the following copyright:
Copyright (C) 2000-2014 Free Software Foundation Europe e.V.
The copyright on the Baculum code is:
Copyright (C) 2013-2017 Marcin Haba
Copyrights of certain "script" files such as headers, shell script, Makefiles,
etc ... were previously never explicitly defined. In almost all cases,
they have been copyrighted with a BSD 2-Clause copyright to make them
easier. However, as is the case of all BSD type copyrights you must keep
the copyright in place and on any binary only released the copyright notice
must also be released with the binaries. An example of such a copyright
is:
#
# Copyright (C) 2000-2017 Kern Sibbald
# License: BSD 2-Clause; see file LICENSE-FOSS
#
It is equivalent to the full BSD copyright of:
=====
Copyright (C) 2000-2017 Kern Sibbald
License: BSD 2-Clause; see file LICENSE-FOSS
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====
Note: the exact form of the copyright (dates, name, and text formatting)
might vary, but the intent is the same, namely that the full BSD 2-Clause
coypright applies. The file LICENSE-FOSS has a few more details.
######################################################################
The entire AGPL is below, in the manuals distributed with the Bacula
documentation and can also be found online on the GNU web site at
www.bacula.org. You may also obtain a copy of the AGPL (or LGPL) by writing
to: Free Software Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA
02110-1301 USA
GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The GNU Affero General Public License is a free, copyleft license for
software and other kinds of works, specifically designed to ensure
cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast,
our General Public Licenses are intended to guarantee your freedom to
share and change all versions of a program--to make sure it remains free
software for all its users.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
them if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights
with two steps: (1) assert copyright on the software, and (2) offer
you this License which gives you legal permission to copy, distribute
and/or modify the software.
A secondary benefit of defending all users' freedom is that
improvements made in alternate versions of the program, if they
receive widespread use, become available for other developers to
incorporate. Many developers of free software are heartened and
encouraged by the resulting cooperation. However, in the case of
software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and
letting the public access it on a server without ever releasing its
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The GNU Affero General Public License is designed specifically to
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provide the source code of the modified version running there to the
users of that server. Therefore, public use of a modified version, on
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code of the modified version.
An older license, called the Affero General Public License and
published by Affero, was designed to accomplish similar goals. This is
a different license, not a version of the Affero GPL, but Affero has
released a new version of the Affero GPL which permits relicensing under
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The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU Affero General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
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"The Program" refers to any copyrightable work licensed under this
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A "covered work" means either the unmodified Program or a work based
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To "propagate" a work means to do anything with it that, without
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public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
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An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
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the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
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The "System Libraries" of an executable work include anything, other
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"Major Component", in this context, means a major essential component
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(if any) on which the executable work runs, or a compiler used to
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The "Corresponding Source" for a work in object code form means all
the source code needed to generate, install, and (for an executable
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the work, and the source code for shared libraries and dynamically
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The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
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rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains
in force. You may convey covered works to others for the sole purpose
of having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10
makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
material by anyone who conveys the material (or modified versions of
it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the
Program, your modified version must prominently offer all users
interacting with it remotely through a computer network (if your version
supports such interaction) an opportunity to receive the Corresponding
Source of your version by providing access to the Corresponding Source
from a network server at no charge, through some standard or customary
means of facilitating copying of software. This Corresponding Source
shall include the Corresponding Source for any work covered by version 3
of the GNU General Public License that is incorporated pursuant to the
following paragraph.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the work with which it is combined will remain governed by version
3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU Affero General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU Affero General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU Affero General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU Affero General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer
network, you should also make sure that it provides a way for users to
get its source. For example, if your program is a web application, its
interface could display a "Source" link that leads users to an archive
of the code. There are many ways you could offer source, and different
solutions will be better for different programs; see section 13 for the
specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<http://www.gnu.org/licenses/>.
Additional permission under the GNU Affero GPL version 3 section 7:
If you modify this Program, or any covered work, by linking or
combining it with other code, such other code is not for that reason
alone subject to any of the requirements of the GNU Affero GPL
version 3.
As a special exception, the copyright holders give permission to link the
code of portions of this program with the OpenSSL library under certain
conditions as described in each individual source file and distribute
linked combinations including the program with the OpenSSL library. You
must comply with the GNU Affero General Public License in all respects for
all of the code used other than as permitted herein. If you modify file(s)
with this exception, you may extend this exception to your version of the
file(s), but you are not obligated to do so. If you do not wish to do so,
delete this exception statement from your version. If you delete this
exception statement from all source files in the program, then also delete
it in the license file.
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as
published by the Free Software Foundation, either version 3 of the
License, or (at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The GNU Affero General Public License is a free, copyleft license for
software and other kinds of works, specifically designed to ensure
cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast,
our General Public Licenses are intended to guarantee your freedom to
share and change all versions of a program--to make sure it remains free
software for all its users.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
them if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights
with two steps: (1) assert copyright on the software, and (2) offer
you this License which gives you legal permission to copy, distribute
and/or modify the software.
A secondary benefit of defending all users' freedom is that
improvements made in alternate versions of the program, if they
receive widespread use, become available for other developers to
incorporate. Many developers of free software are heartened and
encouraged by the resulting cooperation. However, in the case of
software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and
letting the public access it on a server without ever releasing its
source code to the public.
The GNU Affero General Public License is designed specifically to
ensure that, in such cases, the modified source code becomes available
to the community. It requires the operator of a network server to
provide the source code of the modified version running there to the
users of that server. Therefore, public use of a modified version, on
a publicly accessible server, gives the public access to the source
code of the modified version.
An older license, called the Affero General Public License and
published by Affero, was designed to accomplish similar goals. This is
a different license, not a version of the Affero GPL, but Affero has
released a new version of the Affero GPL which permits relicensing under
this license.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU Affero General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a "modified version" of the
earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through
a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the
work under this License, and how to view a copy of this License. If
the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
form of a work.
A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that
is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of
packaging a Major Component, but which is not part of that Major
Component, and (b) serves only to enable use of the work with that
Major Component, or to implement a Standard Interface for which an
implementation is available to the public in source code form. A
"Major Component", in this context, means a major essential component
(kernel, window system, and so on) of the specific operating system
(if any) on which the executable work runs, or a compiler used to
produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
the source code needed to generate, install, and (for an executable
work) run the object code and to modify the work, including scripts to
control those activities. However, it does not include the work's
System Libraries, or general-purpose tools or generally available free
programs which are used unmodified in performing those activities but
which are not part of the work. For example, Corresponding Source
includes interface definition files associated with source files for
the work, and the source code for shared libraries and dynamically
linked subprograms that the work is specifically designed to require,
such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
covered work is covered by this License only if the output, given its
content, constitutes a covered work. This License acknowledges your
rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains
in force. You may convey covered works to others for the sole purpose
of having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10
makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
material by anyone who conveys the material (or modified versions of
it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the
Program, your modified version must prominently offer all users
interacting with it remotely through a computer network (if your version
supports such interaction) an opportunity to receive the Corresponding
Source of your version by providing access to the Corresponding Source
from a network server at no charge, through some standard or customary
means of facilitating copying of software. This Corresponding Source
shall include the Corresponding Source for any work covered by version 3
of the GNU General Public License that is incorporated pursuant to the
following paragraph.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the work with which it is combined will remain governed by version
3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU Affero General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU Affero General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU Affero General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU Affero General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer
network, you should also make sure that it provides a way for users to
get its source. For example, if your program is a web application, its
interface could display a "Source" link that leads users to an archive
of the code. There are many ways you could offer source, and different
solutions will be better for different programs; see section 13 for the
specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<https://www.gnu.org/licenses/>.
GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The GNU Affero General Public License is a free, copyleft license for
software and other kinds of works, specifically designed to ensure
cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast,
our General Public Licenses are intended to guarantee your freedom to
share and change all versions of a program--to make sure it remains free
software for all its users.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
them if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights
with two steps: (1) assert copyright on the software, and (2) offer
you this License which gives you legal permission to copy, distribute
and/or modify the software.
A secondary benefit of defending all users' freedom is that
improvements made in alternate versions of the program, if they
receive widespread use, become available for other developers to
incorporate. Many developers of free software are heartened and
encouraged by the resulting cooperation. However, in the case of
software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and
letting the public access it on a server without ever releasing its
source code to the public.
The GNU Affero General Public License is designed specifically to
ensure that, in such cases, the modified source code becomes available
to the community. It requires the operator of a network server to
provide the source code of the modified version running there to the
users of that server. Therefore, public use of a modified version, on
a publicly accessible server, gives the public access to the source
code of the modified version.
An older license, called the Affero General Public License and
published by Affero, was designed to accomplish similar goals. This is
a different license, not a version of the Affero GPL, but Affero has
released a new version of the Affero GPL which permits relicensing under
this license.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU Affero General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a "modified version" of the
earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through
a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the
work under this License, and how to view a copy of this License. If
the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
form of a work.
A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that
is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of
packaging a Major Component, but which is not part of that Major
Component, and (b) serves only to enable use of the work with that
Major Component, or to implement a Standard Interface for which an
implementation is available to the public in source code form. A
"Major Component", in this context, means a major essential component
(kernel, window system, and so on) of the specific operating system
(if any) on which the executable work runs, or a compiler used to
produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
the source code needed to generate, install, and (for an executable
work) run the object code and to modify the work, including scripts to
control those activities. However, it does not include the work's
System Libraries, or general-purpose tools or generally available free
programs which are used unmodified in performing those activities but
which are not part of the work. For example, Corresponding Source
includes interface definition files associated with source files for
the work, and the source code for shared libraries and dynamically
linked subprograms that the work is specifically designed to require,
such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
covered work is covered by this License only if the output, given its
content, constitutes a covered work. This License acknowledges your
rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains
in force. You may convey covered works to others for the sole purpose
of having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10
makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
material by anyone who conveys the material (or modified versions of
it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the
Program, your modified version must prominently offer all users
interacting with it remotely through a computer network (if your version
supports such interaction) an opportunity to receive the Corresponding
Source of your version by providing access to the Corresponding Source
from a network server at no charge, through some standard or customary
means of facilitating copying of software. This Corresponding Source
shall include the Corresponding Source for any work covered by version 3
of the GNU General Public License that is incorporated pursuant to the
following paragraph.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the work with which it is combined will remain governed by version
3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU Affero General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU Affero General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU Affero General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU Affero General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer
network, you should also make sure that it provides a way for users to
get its source. For example, if your program is a web application, its
interface could display a "Source" link that leads users to an archive
of the code. There are many ways you could offer source, and different
solutions will be better for different programs; see section 13 for the
specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<https://www.gnu.org/licenses/>.
License
Access Grid Toolkit Public License (AGTPL)
Copyright (c) 2000-2003 University of Chicago. All Rights Reserved.
1) The "Software", below, refers to the Access Grid Toolkit (in either source-
code, or binary form and related documentation) and a "work based on the
Software" means a work based on either the Software, on part of the Software, or
on any derivative work of the Software under copyright law: that is, a work
containing all or a portion of the Software either verbatim or with
modifications. Each licensee is addressed as "you" or "Licensee."
2) The University of Chicago as Operator of Argonne National Laboratory is the
copyright holder in the Software. The holder reserves all rights except those
expressly granted to the Licensee herein and license rights held by the U.S.
Government.
3) A copy or copies of the Software may be given to others, if you meet the
following conditions:
a) Copies in source code form must include the copyright notice and this
license.
b) Copies in binary form must include the copyright notice and this license in
the documentation.
4) All advertising materials, journal articles and documentation mentioning
features derived from or use of the Software must display the following
acknowledgement:
"This product includes software developed by and/or derived from the Access
Grid project (http://www.accessgrid.org)."
In the event that the product being advertised includes an intact Access Grid
Toolkit distribution (with copyright and license included) then this clause is
waived.
5) You may make modifications to the Software, however, if you modify a copy or
copies of the Software or any portion of it, thus forming a work based on the
Software, and give a copy or copies of such work to others, either in source
code or binary form, you must meet the following conditions:
a) The Software must carry prominent notices stating that you changed portions
of the Software.
b) The Software must display the following acknowledgement:
"This product includes software developed by and/or derived from the Access
Grid Project (http://www.accessgrid.org) to which the U.S. Government retains
certain rights."
6) LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE
UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE U.S.
GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE MAY RESULT IN
CRIMINAL LIABILITY UNDER U.S. LAWS.
7) Portions of the Software resulted from work developed under a U.S. Government
contract and are subject to the following license: the Government is granted for
itself and others acting on its behalf a paid-up, nonexclusive, irrevocable
worldwide license in this computer software to reproduce, prepare derivative
works, and perform publicly and display publicly.
8) The Software was prepared, in part, as an account of work sponsored by an
agency of the United States Government. Neither the United States, nor the
University of Chicago, nor any contributors to the Access Grid Project or Access
Grid Toolkit, nor any of their employees, makes any warranty express or implied,
or assumes any legal liability or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights.
9) IN NO EVENT WILL THE UNITED STATES, THE UNIVERSITY OF CHICAGO OR ANY
CONTRIBUTORS TO THE ACCESS GRID PROJECT OR ACCESS GRID TOOLKIT BE LIABLE FOR ANY
DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM EXERCISE OF THIS LICENSE AGREEMENT OR THE USE OF THE SOFTWARE.
END OF LICENSE
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a product,
an acknowledgment in the product documentation would be appreciated but is
not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
L. Peter Deutsch ghost@aladdin.com
The Alasir Licence
This is a free software. It's provided as-is and carries absolutely no
warranty or responsibility by the author and the contributors, neither in
general nor in particular. No matter if this software is able or unable to
cause any damage to your or third party's computer hardware, software, or any
other asset available, neither the author nor a separate contributor may be
found liable for any harm or its consequences resulting from either proper or
improper use of the software, even if advised of the possibility of certain
injury as such and so forth.
The software isn't a public domain, it's a copyrighted one. In no event
shall the author's or a separate contributor's copyright be denied or violated
otherwise. No copyright may be removed unless together with the code
contributed to the software by a holder of the respective copyright. A
copyright itself indicates the rights of ownership over the code contributed.
Back and forth, the author is defined as the one who holds the oldest
copyright over the software. Furthermore, the software is defined as either
source or binary computer code, which is organised in the form of a single
computer file usually.
The software, the whole or a part of it, is prohibited from being sold or
leased in any form or manner with the only possible exceptions:
a) money may be charged for a physical medium used to transfer the software;
b) money may be charged for optional warranty or support services related to
the software.
Nevertheless, if the software, the whole or a part of it, is expected to
become an object of sale or lease, the whole or a part of it, then a separate
non-exclusive licence agreement must be negotiated from the author. Benefits
accrued should be distributed between the contributors or likewise at the
author's discretion.
Whenever and wherever the software is distributed, in either source or
binary form, either in whole or in part, it must include the complete
unchanged text of this licence agreement unless different conditions have been
negotiated. In case of a binary only distribution, the names of the copyright
holders must be mentioned in the documentation supplied with the software.
This is supposed to protect rights and freedom of those who have contributed
their time and labour to free software development, because otherwise the
development itself and this licence agreement are of a very little sense.
Nothing else but this licence agreement grants you rights to use, modify
and distribute the software. Any violation of this licence agreement is
recognised as an action prohibited by an applicable legislation.
Aldor Public License 2.0
This Aldor distribution contains software and documentation, some in source
form only, other in source and binary form. Redistribution and use in source
and binary forms, with or without modification, are permitted provided
that the following conditions are met:
* Redistributions of source code must retain the original copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the original copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither the name of the Aldor Software Organization, Aldor.org
nor the names of its contributors may be used to endorse or promote products
derived from this software without specific prior written permission.
* If you distribute a modified form of either source or binary code
(a) you must make the source form of these modification available to the
Aldor Software Organization
(b) you grant the Aldor Software Organization a royalty-free license to use,
modify or redistribute your modifications without limitation, and
(c) you represent that you are legally entitled to grant these rights
and that you are not providing the Aldor Software Organization with
any code that violates any law or breaches any contract.
* Your redistribution and use is on a non-commercial basis, meaning that no
payment is made in connection with it, whether directly (as in payment
for a copy of the software) or indirectly (as in payment for some
service related to the software, or payment for some product or
service that includes a copy of the software "without charge").
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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DISTRIBUTION
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NO WARRANTY
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Alfresco Software, Ltd. FLOSS License Exception
The Alfresco Software, Ltd. Exception for Free/Libre and Open Source Software-only Applications Using Alfresco software (the `FLOSS Exception').
Version 0.5, 30 August 2006
Exception Intent
We want specified Free/Libre and Open Source Software ("FLOSS") applications to be able to use specified GPL-licensed Alfresco software (the "Program") despite the fact that not all FLOSS licenses are compatible with version 2 of the GNU General Public License (the "GPL").
Legal Terms and Conditions
As a special exception to the terms and conditions of version 2.0 of the GPL:
You are free to distribute a Derivative Work that is formed entirely from the Program and one or more works (each, a "FLOSS Work") licensed under one or more of the licenses listed below in section 1, as long as:
You obey the GPL in all respects for the Program and the Derivative Work, except for identifiable sections of the Derivative Work which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,
all identifiable sections of the Derivative Work which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,
are distributed subject to one of the FLOSS licenses listed below, and
the object code or executable form of those sections are accompanied by the complete corresponding machine-readable source code for those sections on the same medium and under the same FLOSS license as the corresponding object code or executable forms of those sections, and
any works which are aggregated with the Program or with a Derivative Work on a volume of a storage or distribution medium in accordance with the GPL, can reasonably be considered independent and separate works in themselves which are not derivatives of either the Program, a Derivative Work or a FLOSS Work.
If the above conditions are not met, then the Program may only be copied, modified, distributed or used under the terms and conditions of the GPL or another valid licensing option from Alfresco Software, Ltd.
1. FLOSS License List
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 1.0/1.1/2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Development and Distribution License (CDDL) 1.0
Common Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1
Jabber Open Source License 1.0
MIT License (As listed in file MIT-License.txt) -
Mozilla Public License (MPL) 1.0/1.1
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) -
Python Software Foundation License 2.1.1
Sleepycat License "1999"
University of Illinois/NCSA Open Source License -
W3C License "2001"
X11 License "2001"
Zlib/libpng License -
Zope Public License 2.0
Due to the many variants of some of the above licenses, we require that any version follow the 2003 version of the Free Software Foundation's Free Software Definition (http://www.gnu.org/philosophy/free-sw.html) or version 1.9 of the Open Source Definition by the Open Source Initiative (http://www.opensource.org/docs/definition.php).
2. Definitions
Terms used, but not defined, herein shall have the meaning provided in the GPL.
Derivative Work means a derivative work under copyright law.
3. Applicability
This FLOSS Exception applies to all Programs that contain a notice placed by Alfresco Software, Ltd. saying that the Program may be distributed under the terms of this FLOSS Exception. If you create or distribute a work which is a Derivative Work of both the Program and any other work licensed under the GPL, then this FLOSS Exception is not available for that work; thus, you must remove the FLOSS Exception notice from that work and comply with the GPL in all respects, including by retaining all GPL notices. You may choose to redistribute a copy of the Program exclusively under the terms of the GPL by removing the FLOSS Exception notice from that copy of the Program, provided that the copy has never been modified by you or any third party.
Appendix A. Qualified Libraries and Packages
The following is a a non-exhaustive list of libraries and packages which are covered by the FLOSS License Exception. Please note that appendix is merely provided as an additional service to specific FLOSS projects who wish to simplify licensing information for their users. Compliance with one of the licenses noted under the "FLOSS license list" section remains a prerequisite.
Package name Qualifying License and Version
Apache Portable Runtime (APR) Apache Software License 2.0
Allegro 4 (the giftware license)
Allegro is gift-ware. It was created by a number of people working in cooperation, and is given to you freely as a gift. You may use, modify, redistribute, and generally hack it about in any way you like, and you do not have to give us anything in return.
However, if you like this product you are encouraged to thank us by making a return gift to the Allegro community. This could be by writing an add-on package, providing a useful bug report, making an improvement to the library, or perhaps just releasing the sources of your program so that other people can learn from them. If you redistribute parts of this code or make a game using it, it would be nice if you mentioned Allegro somewhere in the credits, but you are not required to do this. We trust you not to abuse our generosity.
By Shawn Hargreaves, 18 October 1998.
DISCLAIMER: THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following
disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the distribution.
3. Redistributions for commercial purposes are not permitted without the Allen Institute’s written permission. For
purposes of this license, commercial purposes is the incorporation of the Allen Institute's software into anything for
which you will charge fees or other compensation. Contact terms@alleninstitute.org for commercial licensing
opportunities.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Alliance for Open Media Patent License 1.0
1. License Terms.
1.1. Patent License. Subject to the terms and conditions of this License, each
Licensor, on behalf of itself and successors in interest and assigns,
grants Licensee a non-sublicensable, perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as expressly stated in this
License) patent license to its Necessary Claims to make, use, sell, offer
for sale, import or distribute any Implementation.
1.2. Conditions.
1.2.1. Availability. As a condition to the grant of rights to Licensee to make,
sell, offer for sale, import or distribute an Implementation under
Section 1.1, Licensee must make its Necessary Claims available under
this License, and must reproduce this License with any Implementation
as follows:
a. For distribution in source code, by including this License in the
root directory of the source code with its Implementation.
b. For distribution in any other form (including binary, object form,
and/or hardware description code (e.g., HDL, RTL, Gate Level Netlist,
GDSII, etc.)), by including this License in the documentation, legal
notices, and/or other written materials provided with the
Implementation.
1.2.2. Additional Conditions. This license is directly from Licensor to
Licensee. Licensee acknowledges as a condition of benefiting from it
that no rights from Licensor are received from suppliers, distributors,
or otherwise in connection with this License.
1.3. Defensive Termination. If any Licensee, its Affiliates, or its agents
initiates patent litigation or files, maintains, or voluntarily
participates in a lawsuit against another entity or any person asserting
that any Implementation infringes Necessary Claims, any patent licenses
granted under this License directly to the Licensee are immediately
terminated as of the date of the initiation of action unless 1) that suit
was in response to a corresponding suit regarding an Implementation first
brought against an initiating entity, or 2) that suit was brought to
enforce the terms of this License (including intervention in a third-party
action by a Licensee).
1.4. Disclaimers. The Reference Implementation and Specification are provided
"AS IS" and without warranty. The entire risk as to implementing or
otherwise using the Reference Implementation or Specification is assumed
by the implementer and user. Licensor expressly disclaims any warranties
(express, implied, or otherwise), including implied warranties of
merchantability, non-infringement, fitness for a particular purpose, or
title, related to the material. IN NO EVENT WILL LICENSOR BE LIABLE TO
ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF
ACTION OF ANY KIND WITH RESPECT TO THIS LICENSE, WHETHER BASED ON BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR
NOT THE OTHER PARTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Definitions.
2.1. Affiliate. "Affiliate" means an entity that directly or indirectly
Controls, is Controlled by, or is under common Control of that party.
2.2. Control. "Control" means direct or indirect control of more than 50% of
the voting power to elect directors of that corporation, or for any other
entity, the power to direct management of such entity.
2.3. Decoder. "Decoder" means any decoder that conforms fully with all
non-optional portions of the Specification.
2.4. Encoder. "Encoder" means any encoder that produces a bitstream that can
be decoded by a Decoder only to the extent it produces such a bitstream.
2.5. Final Deliverable. "Final Deliverable" means the final version of a
deliverable approved by the Alliance for Open Media as a Final
Deliverable.
2.6. Implementation. "Implementation" means any implementation, including the
Reference Implementation, that is an Encoder and/or a Decoder. An
Implementation also includes components of an Implementation only to the
extent they are used as part of an Implementation.
2.7. License. "License" means this license.
2.8. Licensee. "Licensee" means any person or entity who exercises patent
rights granted under this License.
2.9. Licensor. "Licensor" means (i) any Licensee that makes, sells, offers
for sale, imports or distributes any Implementation, or (ii) a person
or entity that has a licensing obligation to the Implementation as a
result of its membership and/or participation in the Alliance for Open
Media working group that developed the Specification.
2.10. Necessary Claims. "Necessary Claims" means all claims of patents or
patent applications, (a) that currently or at any time in the future,
are owned or controlled by the Licensor, and (b) (i) would be an
Essential Claim as defined by the W3C Policy as of February 5, 2004
(https://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential)
as if the Specification was a W3C Recommendation; or (ii) are infringed
by the Reference Implementation.
2.11. Reference Implementation. "Reference Implementation" means an Encoder
and/or Decoder released by the Alliance for Open Media as a Final
Deliverable.
2.12. Specification. "Specification" means the specification designated by
the Alliance for Open Media as a Final Deliverable for which this
License was issued.
alterMIME LICENSE
The following license terms and conditions apply, unless a different
license is obtained from P.L.Daniels, P.O.Box 6, Ravenswood, 4816
Australia, or by electronic mail at pldaniels@pldaniels.com.
License Terms:
Use, Modification and Redistribution (including distribution of any
modified or derived work) in source and binary forms is permitted only if
each of the following conditions is met:
1. Redistributions qualify as "freeware" or "Open Source Software" under
one of the following terms:
(a) Redistributions are made at no charge beyond the reasonable cost of
materials and delivery.
(b) Redistributions are accompanied by a copy of the Source Code or by an
irrevocable offer to provide a copy of the Source Code for up to three
years at the cost of materials and delivery. Such redistributions
must allow further use, modification, and redistribution of the Source
Code under substantially the same terms as this license. For the
purposes of redistribution "Source Code" means the complete compilable
and linkable source code of alterMIME including all modifications.
2. Redistributions of source code must retain the copyright notices as they
appear in each source code file, these license terms, and the
disclaimer/limitation of liability set forth as paragraph 6 below.
3. Redistributions in binary form must reproduce the Copyright Notice,
these license terms, and the disclaimer/limitation of liability set
forth as paragraph 6 below, in the documentation and/or other materials
provided with the distribution. For the purposes of binary distribution
the "Copyright Notice" refers to the following language:
"Copyright (c) 2000 P.L.Daniels, All rights reserved."
4. Neither the name of alterMIME, nor Paul L Daniels, nor the
the names of their contributors may be used to endorse or promote
products derived from this software without specific prior written
permission.
5. All redistributions must comply with the conditions imposed by the
University of California on certain embedded code, whose copyright
notice and conditions for redistribution are as follows:
(a) Copyright (c) 2000 P.L.Daniels, All rights reserved.
(b) Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
(i) Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
(ii) Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
(iii) Neither the name of alterMIME, nor P.L.Daniels, nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
6. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY
P.L.Daniels. AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL SENDMAIL, INC., THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS IS A LEGAL DOCUMENT -- RETAIN FOR YOUR RECORDS
ALTOVA® END-USER LICENSE AGREEMENT
Licensor:
Altova GmbH
Rudolfsplatz 13a/9
A-1010 Wien
Austria
Important - Read Carefully. Notice to User:
This End User License Agreement ("Agreement") is a legal document between you and Altova GmbH ("Altova"). It is important that you read this document before using the Altova-provided software ("Software") and any accompanying documentation, including, without limitation printed materials, ‘online’ files, or electronic documentation ("Documentation"). By clicking the "I accept" and "Next" buttons below, or by installing, or otherwise using the Software, you agree to be bound by the terms of this Agreement as well as the Altova Privacy Policy ("Privacy Policy") including, without limitation, the warranty disclaimers, limitation of liability, data use and termination provisions below, whether or not you decide to purchase the Software. You agree that this agreement is enforceable like any written agreement negotiated and signed by you. If you do not agree, you are not licensed to use the Software, and you must destroy any downloaded copies of the Software in your possession or control. You may print a copy of this Agreement as part of the installation process at the time of acceptance. Alternatively, a copy of this Agreement may be found at http://www.altova.com/eula and a copy of the Privacy Policy may be found at http://www.altova.com/privacy.
1. SOFTWARE LICENSE
(a) License Grant.
(i) Upon your acceptance of this Agreement Altova grants you a non-exclusive, non-transferable (except as provided below), limited license, without the right to grant sublicenses, to install and use a copy of the Software on one compatible personal computer or workstation up to the Permitted Number of computers. Subject to the limitations set forth in Section 1(c), you may install and use a copy of the Software on more than one of your compatible personal computers or workstations if you have purchased a Named-User license. Subject to the limitations set forth in Sections 1(d) and 1(e), users may use the software concurrently on a network. The Permitted Number of computers and/or users and the type of license, e.g. Installed, Named-Users, and Concurrent-User, shall be determined and specified at such time as you elect to purchase the Software. Installed user licenses are intended to be fixed and not concurrent. In other words, you cannot uninstall the Software on one machine in order to reinstall that license to a different machine and then uninstall and reinstall back to the original machine. Installations should be static. Notwithstanding the foregoing, permanent uninstallations and redeployments are acceptable in limited circumstances such as if an employee leaves the company or the machine is permanently decommissioned. During the evaluation period, hereinafter defined, only a single user may install and use the software on one (1) personal computer or workstation. If you have licensed the Software as part of a suite of Altova software products (collectively, the "Suite") and have not installed each product individually, then the Agreement governs your use of all of the software included in the Suite.
(ii) If you have licensed SchemaAgent, then the terms and conditions of this Agreement apply to your use of the SchemaAgent server software ("SchemaAgent Server") included therein, as applicable, and you are licensed to use SchemaAgent Server solely in connection with your use of Altova Software and solely for the purposes described in the accompanying documentation.
(iii) If you have licensed Software that enables users to generate source code, your license to install and use a copy of the Software as provided herein permits you to generate source code based on (i) Altova Library modules that are included in the Software (such generated code hereinafter referred to as the "Restricted Source Code") and (ii) schemas or mappings that you create or provide (such code as may be generated from your schema or mapping source materials hereinafter referred to as the "Unrestricted Source Code"). In addition to the rights granted herein, Altova grants you a non-exclusive, non-transferable, limited license to compile the complete generated code (comprised of the combination of the Restricted Source Code and the Unrestricted Source Code) into executable object code form, and to use, copy, distribute or license that executable. You may not distribute or redistribute, sublicense, sell, or transfer the Restricted Source Code to a third-party in the un-compiled form unless said third-party already has a license to the Restricted Source Code through their separate agreement with Altova. Notwithstanding anything to the contrary herein, you may not distribute, incorporate or combine with other software, or otherwise use the Altova Library modules or Restricted Source Code, or any Altova intellectual property embodied in or associated with the Altova Library modules or Restricted Source Code, in any manner that would subject the Restricted Source Code to the terms of a copyleft, free software or open source license that would require the Restricted Source Code or Altova Library modules source code to be disclosed in source code form. Notwithstanding anything to the contrary herein, you may not use the Software to develop and distribute other software programs that directly compete with any Altova software or service without prior written permission. Altova reserves all other rights in and to the Software. With respect to the feature(s) of UModel that permit reverse-engineering of your own source code or other source code that you have lawfully obtained, such use by you does not constitute a violation of this Agreement. Except as otherwise expressly permitted in Section 1(j) reverse engineering of the Software is strictly prohibited as further detailed therein.
(iv) In the event Restricted Source Code is incorporated into executable object code form, you will include the following statement in (1) introductory splash screens, or if none, within one or more screens readily accessible by the end-user, and (2) in the electronic and/or hard copy documentation: "Portions of this program were developed using Altova® [name of Altova Software, e.g. MapForce® 2011] and includes libraries owned by Altova GmbH, Copyright © 2007-2011 Altova GmbH (www.altova.com)."
(b) Server Use for Installation and Use of SchemaAgent. You may install one (1) copy of the Software on a computer file server within your internal network solely for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number of computers in a commercial environment only. If you have licensed SchemaAgent, then you may install SchemaAgent Server on any server computer or workstation and use it in connection with your Software. No other network use is permitted, including without limitation using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for Internet or Web-hosting services or by any user not licensed to use this copy of the Software through a valid license from Altova.
(c) Named Use. If you have licensed the "Named-User" version of the software, you may install the Software on up to five (5) compatible personal computers or workstations of which you are the primary user thereby allowing you to switch from one computer to the other as necessary provided that only one (1) instance of the Software will be used by you as the Named-User at any given time. If you have purchased multiple Named-User licenses, each individual Named-User will receive a separate license key code.
(d) Concurrent Use in Same Physical Network or Office Location. If you have licensed a "Concurrent-User" version of the Software, you may install the Software on any compatible computers in a commercial environment only, up to ten (10) times the Permitted Number of users, provided that only the Permitted Number of users actually use the Software at the same time and further provided that the computers on which the Software is installed are on the same physical computer network. The Permitted Number of concurrent users shall be delineated at such time as you elect to purchase the Software licenses. Each separate physical network or office location requires its own set of separate Concurrent User Licenses for those wishing to use the Concurrent User versions of the Software in more than one location or on more than one network, all subject to the above Permitted Number limitations and based on the number of users using the Software. If a computer is not on the same physical network, then a locally installed user license or a license dedicated to concurrent use in a virtual environment is required. Home User restrictions and limitations with respect to the Concurrent User licenses used on home computers are set forth in Section 1(g).
(e) Concurrent Use in a Virtual Environment. If you have purchased Concurrent-User Licenses, you may install a copy of the Software on a terminal server (Microsoft Terminal Server or Citrix Metaframe), application virtualization server (Microsoft App-V, Citrix XenApp, or VMWare ThinApp) or virtual machine environment within your internal network for the sole and exclusive purpose of permitting individual users within your organization to access and use the Software through a terminal server, application virtualization session, or virtual machine environment from another computer provided that the total number of users that access or use the Software concurrently at any given point in time on such network, virtual machine or terminal server does not exceed the Permitted Number; and provided that the total number of users authorized to use the Software through the terminal server, application virtualization session, or virtual machine environment does not exceed ten (10) times the Permitted Number of users. In a virtual environment, you must deploy a reliable and accurate means of preventing users from exceeding the Permitted Number of concurrent users. Altova makes no warranties or representations about the performance of Altova software in a terminal server, application virtualization session, or virtual machine environment and the foregoing are expressly excluded from the limited warranty in Section 5 hereof. Technical support is not available with respect to issues arising from use in such environments.
(f) Backup and Archival Copies. You may make one (1) backup and one (1) archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy unless you transfer all rights in the Software as provided under Section 3.
(g) Home Use (Personal and Non-Commercial). In order to further familiarize yourself with the Software and allow you to explore its features and functions, you, as the primary user of the computer on which the Software is installed for commercial purposes, may also install one copy of the Software on only one (1) home personal computer (such as your laptop or desktop) solely for your personal and non-commercial ("HPNC") use. This HPNC copy may not be used in any commercial or revenue-generating business activities, including without limitation, work-from-home, teleworking, telecommuting, or other work-related use of the Software. The HPNC copy of the Software may not be used at the same time on a home personal computer as the Software is being used on the primary computer.
(h) Key Codes, Upgrades and Updates. Prior to your purchase and as part of the registration for the thirty (30) day evaluation period, as applicable, you will receive an evaluation key code. You will receive a purchase key code when you elect to purchase the Software from either Altova GmbH or an authorized reseller. The purchase key code will enable you to activate the Software beyond the initial evaluation period. You may not re-license, reproduce or distribute any key code except with the express written permission of Altova. If the Software that you have licensed is an upgrade or an update, then the latest update or upgrade that you download and install replaces all or part of the Software previously licensed. The update or upgrade and the associated license keys does not constitute the granting of a second license to the Software in that you may not use the upgrade or updated copy in addition to the copy of the Software that it is replacing and whose license has terminated.
(i) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in Altova, subject to the rights of use granted to you in this Agreement. As between you and Altova, documents, files, stylesheets, generated program code (including the Unrestricted Source Code) and schemas that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Agreement, are your property unless they are created using Evaluation Software, as defined in Section 4 of this Agreement, in which case you have only a limited license to use any output that contains generated program code (including Unrestricted Source Code) such as Java, C++, C#, VB.NET or XSLT and associated project files and build scripts, as well as generated XML, XML Schemas, documentation, UML diagrams, and database structures only for the thirty (30) day evaluation period.
(j) Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided by applicable law in the European Union, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law in the European Union, if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Altova to provide the information necessary to achieve such operability and Altova has not made such information available. Altova has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Altova or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information from users in the European Union with respect to the above should be directed to the Altova Customer Support Department.
(k) Other Restrictions.You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except to the limited extent set forth in Section 3 or as otherwise expressly provided. You may not copy the Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Agreement. You may not permit any use of or access to the Software by any third party in connection with a commercial service offering, such as for a cloud-based or web-based SaaS offering.
You will comply with applicable law and Altova’s instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Agreement and to ensure their compliance with these restrictions.
(l) NO GUARANTEE. THE SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY BE ASSUMED BY ALTOVA IN THIS RESPECT. NOTWITHSTANDING ANY SUPPORT FOR ANY TECHNICAL STANDARD, THE SOFTWARE IS NOT INTENDED FOR USE IN OR IN CONNECTION WITH, WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT, MEDICAL DEVICES OR LIFE SUPPORT SYSTEMS, MEDICAL OR HEALTH CARE APPLICATIONS, OR OTHER APPLICATIONS WHERE THE FAILURE OF THE SOFTWARE OR ERRORS IN DATA PROCESSING COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL DEFEND, INDEMNIFY AND HOLD ALTOVA, ITS OFFICERS AND EMPLOYEES HARMLESS FROM ANY THIRD PARTY CLAIMS, DEMANDS, OR SUITS THAT ARE BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE OR ANY DATA GENERATED BY THE SOFTWARE IN YOUR USE.
2. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Software and any copies that you are authorized by Altova to make are the intellectual property of and are owned by Altova and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Altova and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that Altova retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that Altova’s ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect Altova’s intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. Altova®, XMLSpy®, Authentic®, StyleVision®, MapForce®, UModel®, DatabaseSpy®, DiffDog®, SchemaAgent®, SemanticWorks®, MissionKit®, Markup Your Mind®, Nanonull™, RaptorXML™, RaptorXML Server™, RaptorXML +XBRL Server™, Powered By RaptorXML™, FlowForce Server™, and StyleVision Server™ are trademarks of Altova GmbH (pending or registered in numerous countries). Unicode and the Unicode Logo are trademarks of Unicode, Inc. Windows, Windows XP, Windows Vista, Windows 7, and Windows 8 are trademarks of Microsoft. W3C, CSS, DOM, MathML, RDF, XHTML, XML and XSL are trademarks (registered in numerous countries) of the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host institutions, MIT, INRIA and Keio. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software. Notifications of claimed copyright infringement should be sent to Altova’s copyright agent as further provided on the Altova Web Site.
3. LIMITED TRANSFER RIGHTS
Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party secures a personalized key code from Altova; and (d) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.
4. PRE-RELEASE AND EVALUATION PRODUCT ADDITIONAL TERMS
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then this Section applies. In addition, this section applies to all evaluation and/or demonstration copies of Altova software ("Evaluation Software") and continues in effect until you purchase a license. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release and/or Evaluation Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from Altova, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU "AS-IS" WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND ALTOVA DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE, BUT IT MAY BE LIMITED, ALTOVA’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (USD $50) IN TOTAL. If the Evaluation Software has a time-out feature, then the software will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, your license will expire unless otherwise extended. Your license to use any output created with the Evaluation Software that contains generated program code (including Unrestricted Source Code) such as Java, C++, C, VB.NET or XSLT and associated project files and build scripts as well as generated XML, XML Schemas, documentation, UML diagrams, and database structures terminates automatically upon the expiration of the designated evaluation period but the license to use such output is revived upon your purchase of a license for the Software that you evaluated and used to create such output. Access to any files created with the Evaluation Software is entirely at your risk. You acknowledge that Altova has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Altova has no express or implied obligation to you to announce or introduce the Pre-release Software, and that Altova may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Altova, you will provide feedback to Altova regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Altova of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Altova and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITY
(a) Limited Warranty and Customer Remedies. Altova warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by Altova shall be substantially as described in Section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Altova’s and its suppliers’ entire liability and your exclusive remedy shall be, at Altova’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Altova’s Limited Warranty and which is returned to Altova with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software.
(b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR ALTOVA OR ITS SUPPLIER’S BREACH OF WARRANTY. ALTOVA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ALTOVA AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTOVA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ALTOVA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ALTOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALTOVA’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Altova’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Agreement between Altova and you.
(d) Infringement Claims. Altova will indemnify and hold you harmless and will defend or settle any claim, suit or proceeding brought against you by a third party that is based upon a claim that the content contained in the Software infringes a copyright or violates an intellectual or proprietary right protected by United States or European Union law ("Claim"), but only to the extent the Claim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided. You must notify Altova in writing of any Claim within ten (10) business days after you first receive notice of the Claim, and you shall provide to Altova at no cost such assistance and cooperation as Altova may reasonably request from time to time in connection with the defense of the Claim. Altova shall have sole control over any Claim (including, without limitation, the selection of counsel and the right to settle on your behalf on any terms Altova deems desirable in the sole exercise of its discretion). You may, at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. Altova shall pay actual damages, costs, and attorney fees awarded against you (or payable by you pursuant to a settlement agreement) in connection with a Claim to the extent such direct damages and costs are not reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase price of the Software. If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of Altova’s legal counsel the Software is likely to become the subject of a Claim, Altova shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Software or obtain a license to continue using the Software. If in the opinion of Altova’s legal counsel the Claim, the injunction or potential Claim cannot be resolved through reasonable modification or licensing, Altova, at its own election, may terminate this Agreement without penalty, and will refund to you on a pro rata basis any fees paid in advance by you to Altova. THE FOREGOING CONSTITUTES ALTOVA’S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply to situations where the alleged infringement, whether patent or otherwise, is the result of a combination of the Altova software and additional elements supplied by you.
6. SUPPORT AND MAINTENANCE
Altova offers multiple optional "Support & Maintenance Package(s)" ("SMP") for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such SMP shall be delineated at such time as you elect to purchase a SMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the level of SMP that you have purchased:
(a) If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, Altova, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, Altova will provide free technical support to you for thirty (30) days after the date of your purchase (the "Support Period" for the purposes of this paragraph 6(a), and Altova, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30) day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time.
(b) If you have purchased SMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your SMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, Altova will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only and Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours (MO-FR, 8am UTC – 10pm UTC, Austrian and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software.
During the Support Period you may also report any Software problem or error to Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Altova agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at Altova’s sole discretion.
If Altova, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretion. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and Altova will not provide you with generic consultation, assistance, or advice under any circumstances.
Updating Software may require the updating of software not covered by this Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova under this Agreement. Altova’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Agreement at all times. Altova shall be under no obligation to provide the above technical support if, in Altova’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the Software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without Altova’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at Altova’s specified release level; or (v) use of the Software with other software without Altova’s prior written approval. It will be your sole responsibility to: (i) comply with all Altova-specified operating and troubleshooting procedures and then notify Altova immediately of Software malfunction and provide Altova with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.
7. SOFTWARE ACTIVATION, UPDATES AND LICENSE METERING
(a) License Metering. The Software includes a built-in license metering module that is designed to assist you with monitoring license compliance in small local networks. The metering module attempts to communicate with other machines on your local area network. You permit Altova to use your internal network for license monitoring for this purpose. This license metering module may be used to assist with your license compliance but should not be the sole method. Should your firewall settings block said communications, you must deploy an accurate means of monitoring usage by the end user and preventing users from using the Software more than the Permitted Number.
(b) License Compliance Monitoring. You are required to utilize a process or tool to ensure that the Permitted Number is not exceeded. Without prejudice or waiver of any potential violations of the Agreement, Altova may provide you with additional compliance tools should you be unable to accurately account for license usage within your organization. If provided with such a tool by Altova, you (a) are required to use it in order to comply with the terms of this Agreement and (b) permit Altova to use your internal network for license monitoring and metering and to generate compliance reports that are communicated to Altova from time to time.
(c) Software Activation. The Software may use your internal network and Internet connection for the purpose of transmitting license-related data at the time of installation, registration, use, or update to an Altova Master License Server and validating the authenticity of the license-related data in order to protect Altova against unlicensed or illegal use of the Software and to improve customer service. Activation is based on the exchange of license related data between your computer and the Altova Master License Server. You agree that Altova may use these measures and you agree to follow any applicable requirements. You further agree that use of license key codes that are not or were not generated by Altova and lawfully obtained from Altova, or an authorized reseller as part of an effort to activate or use the Software violates Altova’s intellectual property rights as well as the terms of this Agreement. You agree that efforts to circumvent or disable Altova’s copyright protection mechanisms, the license management mechanism, or the Altova Master License Server violate Altova’s intellectual property rights as well as the terms of this Agreement. Altova expressly reserves the rights to seek all available legal and equitable remedies to prevent such actions and to recover lost profits, damages and costs.
(d) LiveUpdate. Altova provides a new LiveUpdate notification service to you, which is free of charge. Altova may use your internal network and Internet connection for the purpose of transmitting license-related data to an Altova-operated LiveUpdate server to validate your license at appropriate intervals and determine if there is any update available for you.
(e) Use of Data. The terms and conditions of the Privacy Policy are set out in full at http://www.altova.com/privacy and are incorporated by reference into this Agreement. By your acceptance of the terms of this Agreement and/or use of the Software, you authorize the collection, use and disclosure of information collected by Altova for the purposes provided for in this Agreement and/or the Privacy Policy. Altova has the right in its sole discretion to amend this provision of the Agreement and/or Privacy Policy at any time. You are encouraged to review the terms of the Privacy Policy as posted on the Altova Web site from time to time.
(f) Audit Rights. You agree that Altova may audit your use of the Software for compliance with the terms of this Agreement at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Altova for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
(g) Notice to European Users. Please note that the information as described in paragraph 7(d) above may be transferred outside of the European Economic Area, for purposes of processing, analysis, and review, by Altova, Inc., a company located in Beverly, Massachusetts, U.S.A., or its subsidiaries or Altova’s subsidiaries or divisions, or authorized partners, located worldwide. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31). Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection. By agreeing to this Agreement, you consent to the transfer of all such information to the United States and the processing of that information as described in this Agreement and the Privacy Policy.
8. TERM AND TERMINATION
This Agreement may be terminated (a) by your giving Altova written notice of termination; (b) by Altova, at its option, giving you written notice of termination if you commit a breach of this Agreement and fail to cure such breach within ten (10) days after notice from Altova; or (c) at the request of an authorized Altova reseller in the event that you fail to make your license payment or other monies due and payable. In addition the Agreement governing your use of a previous version of the Software that you have upgraded or updated of the Software is terminated upon your acceptance of the terms and conditions of the Agreement accompanying such upgrade or update. Upon any termination of the Agreement, you must cease all use of the Software that this Agreement governs, destroy all copies then in your possession or control and take such other actions as Altova may reasonably request to ensure that no copies of the Software remain in your possession or control. The terms and conditions set forth in Sections 1(h), 1(i), 1(j), 1(k), 1(l), 2, 5, 7, 9, 10, 11, and 11 survive termination as applicable.
9. RESTRICTED RIGHTS NOTICE AND EXPORT RESTRICTIONS
The Software was developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government contractor or subcontractor is subject to the restrictions set forth in this Agreement and as provided in FAR 12.211 and 12.212 (48 C.F.R. §12.211 and 12.212) or DFARS 227. 7202 (48 C.F.R. §227-7202) as applicable. Consistent with the above as applicable, Commercial Computer Software and Commercial Computer Documentation licensed to U.S. government end users only as commercial items and only with those rights as are granted to all other end users under the terms and conditions set forth in this Agreement. Manufacturer is Altova GmbH, Rudolfsplatz, 13a/9, A-1010 Vienna, Austria/EU. You may not use or otherwise export or re-export the Software or Documentation except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software or Documentation may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
10. US GOVERNMENT ENTITIES
Notwithstanding the foregoing, if you are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the Commonwealth of Massachusetts will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 5 (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§7101 et seq.), the Tucker Act (28 U.S.C. §1346(a) and §1491), or the Federal Tort Claims Act (28 U.S.C. §§1346(b), 2401-2402, 2671-2672, 2674-2680), FAR 1.601(a) and 43.102 (Contract Modifications); FAR 12.302(b), as applicable, or other applicable governing authority. For the avoidance of doubt, if you are an agency, instrumentality, or department of the federal, state or local government of the U.S. or a U.S. public and accredited educational institution, then your indemnification obligations are only applicable to the extent they would not cause you to violate any applicable law (e.g., the Anti-Deficiency Act), and you have any legally required authorization or authorizing statute.
11. THIRD PARTY SOFTWARE
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at our Website at http://www.altova.com/legal_3rdparty.html and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
12. JURISDICTION, CHOICE OF LAW, AND VENUE
If you are located in the European Union and are using the Software in the European Union and not in the United States, then this Agreement will be governed by and construed in accordance with the laws of the Republic of Austria (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with Altova or relating in any way to your use of the Software resides in the Handelsgericht, Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht, Wien (Commercial Court, Vienna) in connection with any such dispute or claim.
If you are located in the United States or are using the Software in the United States then this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with Altova or relating in any way to your use of the Software resides in the federal or state courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of the Commonwealth of Massachusetts in connection with any such dispute or claim.
If you are located outside of the European Union or the United States and are not using the Software in the United States, then this Agreement will be governed by and construed in accordance with the laws of the Republic of Austria (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with Altova or relating in any way to your use of the Software resides in the Handelsgericht, Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht Wien (Commercial Court, Vienna) in connection with any such dispute or claim. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
13. TRANSLATIONS
Where Altova has provided you with a foreign translation of the English language version, you agree that the translation is provided for your convenience only and that the English language version will control. If there is any contradiction between the English language version and a translation, then the English language version shall take precedence.
14. GENERAL PROVISIONS
This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. Any notice or other communication given under this Agreement shall be in writing and shall have been properly given by either of us to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on Altova’s Web site for Altova and the address shown in Altova’s records for you, or such other address as the parties may designate by notice given in the manner set forth above. This Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of us at any time to require performance of any provision hereof shall in no manner affect such party’s right at a later time to enforce the same or any other term of this Agreement. This Agreement may be amended only by a document in writing signed by both of us. In the event of a breach or threatened breach of this Agreement by either party, the other shall have all applicable equitable as well as legal remedies. Each party is duly authorized and empowered to enter into and perform this Agreement. If, for any reason, any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.
Amazon Redshift JDBC Driver License Agreement
THIS IS AN AGREEMENT BETWEEN YOU AND AMAZON WEB SERVICES, INC. (WITH ITS AFFILIATES, "AWS" OR "WE")
THAT GOVERNS YOUR USE OF THE AMAZON REDSHIFT JDBC DRIVER SOFTWARE (TOGETHER WITH ANY UPDATES
AND ENHANCEMENTS TO IT, AND ACCOMPANYING DOCUMENTATION, THE "SOFTWARE") THAT WE MAKE
AVAILABLE TO YOU (THIS "LICENSE AGREEMENT"). IF YOU INSTALL OR USE THE SOFTWARE, YOU WILL BE BOUND
BY THIS LICENSE AGREEMENT. UNLESS OTHERWISE DEFINED IN THIS LICENSE AGREEMENT, CAPITALIZED TERMS
WILL HAVE THE SAME MEANING AS SET FORTH IN THE AWS CUSTOMER AGREEMENT POSTED AT
AWS.AMAZON.COM/AGREEMENT (THE "AWS CUSTOMER AGREEMENT").
1. Use of the Software
We hereby grant you a personal, limited, nonexclusive, non-transferable, non-sublicenseable license to install and
use the Software on computer equipment owned or controlled by you solely to access Amazon Redshift for your
internal business purposes. Some components of the Software (whether developed by AWS or third parties) may
be governed by applicable open source software licenses. Your license rights with respect to these individual
components are defined by the applicable open source software licenses, and nothing in this License Agreement
will restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be
subject, under such open source software licenses.
2. Limitations
You may not, and you will not encourage, assist or authorize any other person to, (a) incorporate any portion of
the Software into your own programs or compile any portion of it in combination with your own programs; (b) sell,
rent, lease, lend, loan, distribute, act as a service bureau, publicly communicate, transform, or sub-license the
Software or otherwise assign any rights to the Software in whole or in part; (c) modify, alter, tamper with, repair,
or otherwise create derivative works of the Software, (d) reverse engineer, disassemble, or decompile the
Software or apply any other process or procedure to derive the source code of any software included in the
Software, or (e) access or use the Software or the Service in a way intended to avoid incurring fees or exceeding
usage limits or quotas.
3. Reservation of Rights
You may not use the Software for any illegal purpose. The Software is the intellectual property of AWS or its
licensors. The structure, organization, and code of the Software are valuable trade secrets and confidential
information of AWS. The Software is protected by law, including without limitation copyright laws and
international treaty provisions. Except for the rights explicitly granted to you in this License Agreement, all right,
title and interest in the Software are reserved and retained by us and our licensors. You do not acquire any
intellectual property or other rights in the Software as a result of downloading the Software.
4. Updates
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time. If we elect to
provide maintenance or support of any kind, we may terminate that maintenance or support at any time without
notice to you.
5. Termination
You may terminate this License Agreement at any time by uninstalling or destroying all copies of the Software that
are in your possession or control. Your rights under this License Agreement will immediately and automatically
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6. Disclaimer of Warranties and Limitation of Liability
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO,
THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS DELIVERED TO YOU "AS IS" WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND AWS, ITS LICENSORS AND DISTRIBUTORS, AND EACH OF THEIR
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EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A
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DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
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OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING
WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE
APPLICATION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
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You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors,
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8. Source Code
Please see the Amazon Redshift technical documentation located on the AWS website (aws.amazon.com) for
information on how to retrieve a copy of the source code for certain software components included with the
Software.
9. Export Regulations
You will comply with all export and re-export restrictions and regulations of the United States Department of
Commerce and other United States and foreign agencies and authorities that may apply to the Software, and not
to transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country or otherwise in
violation of any applicable restrictions or regulations.
10. U.S. Government End Users
The Software is provided to the U.S. Government as "commercial items," "commercial computer software,"
"commercial computer software documentation," and "technical data" with the same rights and restrictions
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immediately discontinue your use of the Software. The terms "commercial item" "commercial computer
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11. Amendment
We may amend this License Agreement at our sole discretion by posting the revised terms on the AWS website
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12. Conflicts
The terms of this License Agreement govern the Software and any updates or upgrades to the Software that we
may provide that replace or supplement the original Software, unless the update or upgrade is accompanied by a
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Amazon Software License
This Amazon Software License ("License") governs your use, reproduction, and distribution of the accompanying software as specified below.
1. Definitions
"Licensor" means any person or entity that distributes its Work.
"Software" means the original work of authorship made available under this License.
"Work" means the Software and any additions to or derivative works of the Software that are made available under this License.
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the meaning as provided under U.S. copyright law; provided, however, that for the purposes of this License, derivative works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work.
Works, including the Software, are "made available" under this License by including in or with the Work either (a) a copyright notice referencing the applicability of this License to the Work, or (b) a copy of this License.
2. License Grants
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2.2 Patent Grant. Subject to the terms and conditions of this License, each Licensor grants to you a perpetual, worldwide, non-exclusive, royalty-free patent license to make, have made, use, sell, offer for sale, import, and otherwise transfer its Work, in whole or in part. The foregoing license applies only to the patent claims licensable by Licensor that would be infringed by Licensor’s Work (or portion thereof) individually and excluding any combinations with any other materials or technology.
3. Limitations
3.1 Redistribution. You may reproduce or distribute the Work only if (a) you do so under this License, (b) you include a complete copy of this License with your distribution, and (c) you retain without modification any copyright, patent, trademark, or attribution notices that are present in the Work.
3.2 Derivative Works. You may specify that additional or different terms apply to the use, reproduction, and distribution of your derivative works of the Work ("Your Terms") only if (a) Your Terms provide that the use limitation in Section 3.3 applies to your derivative works, and (b) you identify the specific derivative works that are subject to Your Terms. Notwithstanding Your Terms, this License (including the redistribution requirements in Section 3.1) will continue to apply to the Work itself.
3.3 Use Limitation. The Work and any derivative works thereof only may be used or intended for use with the web services, computing platforms or applications provided by Amazon.com, Inc. or its affiliates, including Amazon Web Services LLC.
3.4 Patent Claims. If you bring or threaten to bring a patent claim against any Licensor (including any claim, cross-claim or counterclaim in a lawsuit) to enforce any patents that you allege are infringed by any Work, then your rights under this License from such Licensor (including the grants in Sections 2.1 and 2.2) will terminate immediately.
3.5 Trademarks. This License does not grant any rights to use any Licensor’s or its affiliates’ names, logos, or trademarks, except as necessary to reproduce the notices described in this License.
3.6 Termination. If you violate any term of this License, then your rights under this License (including the grants in Sections 2.1 and 2.2) will terminate immediately.
4. Disclaimer of Warranty.
THE WORK IS PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF M ERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU BEAR THE RISK OF UNDERTAKING ANY ACTIVITIES UNDER THIS LICENSE. SOME STATES’ CONSUMER LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
5. Limitation of Liability.
EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL ANY LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE, THE USE OR INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMM ERCIAL DAMAGES OR LOSSES), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Effective Date – April 18, 2008 © 2008 Amazon.com, Inc. or its affiliates. All rights reserved.
AMD Secure Encrypted Virtualization (SEV) Firmware for 4th Generation AMD EPYC® Processors Secure Encrypted Virtualization (SEV) Firmware License
In an effort to increase transparency in the security space, Advanced Micro Devices, Inc. (“AMD”) is making the source code for the AMD SEV firmware for 4th Generation AMD EPYC Processors (formerly codenamed “Genoa”) (the “Software”) available to you (either an individual or an entity) ("You") to assess; AMD is not accepting contributions to this Software.
These license terms are an agreement (“Agreement”) between AMD and You, and the terms apply to the Software identified above. By installing, copying, or using the Software you agree to all the terms and conditions of this Agreement. If You do not or cannot agree to the terms of this Agreement, please do not download or use this Software.
LICENSE GRANT: Subject to Your compliance with all of the terms and condition of this License, AMD grants You a non-exclusive, non-transferable, free of charge copyright license to use, copy, modify, and create derivatives for the purpose of evaluating the Software for use with AMD’s hardware only; and/or distribute the Software (including derivatives of the Software), for use with AMD hardware only.
COPYRIGHT NOTICE: The above copyright notice shall be included in all copies or substantial portions of the Software.
RESTRICTIONS:
i. You may not combine, distribute, or otherwise use the Software in a way that would require any portion of the Software to be made available under any terms other than those of this Agreement.
ii. You may not use the Software to: (a) develop inventions to seek patent protection; (b) assist in the analysis of Your patents and patent applications; or (c) modify Your existing patents or patent applications.
OWNERSHIP: The Software as well as all intellectual property rights therein are and remain the sole and exclusive property of AMD.
FEEDBACK AND CONTRIBUTIONS: AMD is not accepting contributions to the Software. You have no obligation to give AMD any suggestions, comments or other feedback (“Feedback”) relating to the Software. However, if You choose to provide AMD with any Feedback, AMD is free to use the Feedback however it chooses. You understand and agree that AMD is not required to make any use of any Feedback that You provide. You represent and warrant that You have sufficient rights in any Feedback that You provide to AMD, to grant AMD and its affiliates the rights described above.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software is the property of Advanced Micro Devices, Inc (AMD) which
specifically grants the user the right to modify, use and distribute this
software provided this notice is not removed or altered. All other rights
are reserved by AMD.
AMD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS
SOFTWARE. IN NO EVENT SHALL AMD BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR ARISING FROM THE FURNISHING, PERFORMANCE, OR
USE OF THIS SOFTWARE.
Permission is hereby granted by Advanced Micro Devices, Inc. ("AMD"),
free of any license fees, to any person obtaining a copy of this
microcode in binary form (the "Software") ("You"), to install,
reproduce, copy and distribute copies of the Software and to permit
persons to whom the Software is provided to do the same, subject to
the following terms and conditions. Your use of any portion of the
Software shall constitute Your acceptance of the following terms and
conditions. If You do not agree to the following terms and conditions,
do not use, retain or redistribute any portion of the Software.
If You redistribute this Software, You must reproduce the above
copyright notice and this license with the Software.
Without specific, prior, written permission from AMD, You may not
reference AMD or AMD products in the promotion of any product derived
from or incorporating this Software in any manner that implies that
AMD endorses or has certified such product derived from or
incorporating this Software.
You may not reverse engineer, decompile, or disassemble this Software
or any portion thereof.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, TITLE, FITNESS FOR ANY PARTICULAR
PURPOSE, OR WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR
USAGE OF TRADE. IN NO EVENT SHALL AMD OR ITS LICENSORS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR
INFORMATION) ARISING OUT OF AMD'S NEGLIGENCE, GROSS NEGLIGENCE, THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AMD HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Without limiting the foregoing, the Software may implement third party
technologies for which You must obtain licenses from parties other
than AMD. You agree that AMD has not obtained or conveyed to You, and
that You shall be responsible for obtaining the rights to use and/or
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related to the third party technologies. These third party
technologies are not licensed hereunder.
If You use the Software (in whole or in part), You shall adhere to all
applicable U.S., European, and other export laws, including but not
limited to the U.S. Export Administration Regulations ("EAR"), (15
C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC) No
1334/2000 of 22 June 2000. Further, pursuant to Section 740.6 of the
EAR, You hereby certify that, except pursuant to a license granted by
the United States Department of Commerce Bureau of Industry and
Security or as otherwise permitted pursuant to a License Exception
under the U.S. Export Administration Regulations ("EAR"), You will not
(1) export, re-export or release to a national of a country in Country
Groups D:1, E:1 or E:2 any restricted technology, software, or source
code You receive hereunder, or (2) export to Country Groups D:1, E:1
or E:2 the direct product of such technology or software, if such
foreign produced direct product is subject to national security
controls as identified on the Commerce Control List (currently found
in Supplement 1 to Part 774 of EAR). For the most current Country
Group listings, or for additional information about the EAR or Your
obligations under those regulations, please refer to the U.S. Bureau
of Industry and Security?s website at ttp://www.bis.doc.gov/.
REDISTRIBUTION: Permission is hereby granted, free of any license fees,
to any person obtaining a copy of this microcode (the "Software"), to
install, reproduce, copy and distribute copies, in binary form only, of
the Software and to permit persons to whom the Software is provided to
do the same, provided that the following conditions are met:
No reverse engineering, decompilation, or disassembly of this Software
is permitted.
Redistributions must reproduce the above copyright notice, this
permission notice, and the following disclaimers and notices in the
Software documentation and/or other materials provided with the
Software.
DISCLAIMER: THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE
IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND COPYRIGHT
HOLDER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND
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COPYRIGHT HOLDER AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF
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LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
DISCLAIMER: UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL COPYRIGHT
HOLDER AND ITS LICENSORS OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
("AUTHORIZED REPRESENTATIVES") BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
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PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE,
BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY RIGHT EVEN IF COPYRIGHT HOLDER AND ITS AUTHORIZED
REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL COPYRIGHT HOLDER OR ITS AUTHORIZED REPRESENTATIVES TOTAL
LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT OF
US$10.
Notice: The Software is subject to United States export laws and
regulations. You agree to comply with all domestic and international
export laws and regulations that apply to the Software, including but
not limited to the Export Administration Regulations administered by the
U.S. Department of Commerce and International Traffic in Arm Regulations
administered by the U.S. Department of State. These laws include
restrictions on destinations, end users and end use.
Redistribution and use in any form of this material and any product thereof including
software in source or binary forms, along with any related documentation, with or
without modification ("this material"), is permitted provided that the following
conditions are met:
Redistributions of source code of any software must retain the above copyright
notice and all terms of this license as part of the code.
Redistributions in binary form of any software must reproduce the above
copyright notice and all terms of this license in any related documentation
and/or other materials.
Neither the names nor trademarks of Advanced Micro Devices, Inc. or any
copyright holders or contributors may be used to endorse or promote products
derived from this material without specific prior written permission.
Notice about U.S. Government restricted rights: This material is provided with
"RESTRICTED RIGHTS." Use, duplication or disclosure by the U.S. Government is
subject to the full extent of restrictions set forth in FAR52.227 and
DFARS252.227 et seq., or any successor or applicable regulations. Use of this
material by the U.S. Government constitutes acknowledgment of the proprietary
rights of Advanced Micro Devices, Inc. and any copyright holders and
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ANY BREACH OF ANY TERM OF THIS LICENSE SHALL RESULT IN THE IMMEDIATE REVOCATION
OF ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL.
THIS MATERIAL IS PROVIDED BY ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS
AND CONTRIBUTORS "AS IS" IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATIONS,
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OBLIGATIONS ARE HEREBY DISCLAIMED - WHETHER EXPRESS, IMPLIED, OR STATUTORY -
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COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY
ARISING IN ANY WAY RELATED TO THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. THE ENTIRE AND AGGREGATE LIABILITY OF ADVANCED MICRO DEVICES, INC. AND
ANY COPYRIGHT HOLDERS AND CONTRIBUTORS SHALL NOT EXCEED TEN DOLLARS (US $10.00).
ANYONE REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL ACCEPTS THIS ALLOCATION OF
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CONTRIBUTORS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS
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ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR
BECOME VOID OR DETRIMENTAL TO ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS
OR CONTRIBUTORS FOR ANY REASON, THEN ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS
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NOTICE IS HEREBY PROVIDED, AND BY REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL
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TERMINATION OF ANY LICENSE OR AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
This license forms the entire agreement regarding the subject matter hereof and
supersedes all proposals and prior discussions and writings between the parties with
respect thereto. This license does not affect any ownership, rights, title, or
interest in, or relating to, this material. No terms of this license can be modified
or waived, and no breach of this license can be excused, unless done so in a writing
signed by all affected parties. Each term of this license is separately enforceable.
If any term of this license is determined to be or becomes unenforceable or illegal,
such term shall be reformed to the minimum extent necessary in order for this license
to remain in effect in accordance with its terms as modified by such reformation.
This license shall be governed by and construed in accordance with the laws of the
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disputes arising out of this license shall be subject to the jurisdiction of the
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concerning personal jurisdiction and venue of these courts.
IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc. ("Apple") in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in this original Apple software (the "Apple Software"), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks or logos of Apple Computer, Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Amlogic Co., Inc. grants permission to use and redistribute
aforementioned firmware files for the use with devices containing
Amlogic chipsets, but not as part of the Linux kernel or in any other
form which would require these files themselves to be covered by the
terms of the GNU General Public License or the GNU Lesser General
Public License.
These firmware files are distributed in the hope that they will be
useful, but are provided WITHOUT ANY WARRANTY, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
A world-wide, royalty-free, non-exclusive right to distribute, copy, modify, create derivatives, and use, in source and binary forms, is hereby granted, subject to acceptance of this license. Performance of any of the aforementioned acts indicates acceptance to be bound by the following terms and conditions:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the Disclaimer of Warranty.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the Disclaimer of Warranty in the documentation and/or other materials provided with the distribution.
* Nothing in this license shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of A.M.P.A.S. or any contributors, except as expressly stated herein, and neither the name of A.M.P.A.S. nor of any other contributors to this software, may be used to endorse or promote products derived from this software without specific prior written permission of A.M.P.A.S. or contributor, as appropriate.
This license shall be governed by the laws of the State of California, and subject to the jurisdiction of the courts therein.
Disclaimer of Warranty: THIS SOFTWARE IS PROVIDED BY A.M.P.A.S. AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL A.M.P.A.S., ANY CONTRIBUTORS OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Amplication Enterprise Edition license (the "Amplication EE License")
Copyright (c) 2022 Amplication Ltd.
With regard to the Amplication Enterprise Edition Software:
This software and associated documentation files (the "Software") may only be used if you (and any entity that you represent) have agreed to, and are in compliance with, the Amplication Terms of Service, available at https://amplication.com/terms (the “Enterprise Terms”), or other agreement in writing between you and Amplication governing the use of the Software.
The Source Code for the Software is available for download, but, as more fully specified in the Enterprise Terms, you may not modify the Software or make or publish patches to the Software. Subject to the Enterprise Terms, You agree that Amplication and/or its licensors (as applicable) retain all right, title and interest in and to the Software and any and all such modifications and patches. You are not granted any other rights beyond what is expressly stated herein.
The Amplication EE License applies only to the part of this Software residing under the “ee/” repository. Any other Amplication Source Code is distributed and available as part of the Amplication Community Edition (the "Amplication CE"), including all content residing under the "packages/" directory of this repository. The Amplication CE is licensed under the Apache 2.0 license, at https://www.apache.org/licenses/LICENSE-2.0. The full text of this Amplication EE License shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
For all third party components incorporated into the Amplication Software, those components are licensed under the original license provided by the owner of the applicable component.
The PostScript Type 1 implementation of the Computer Modern and AMSFonts produced by and previously distributed by Blue Sky Research and Y&Y, Inc., are now
freely available for general use. This has been accomplished through the cooperation of a consortium of scientific publishers with Blue Sky Research and Y&Y.
Members of this consortium include:
* Elsevier Science
* IBM Corporation
* Society for Industrial and Applied Mathematics (SIAM)
* Springer-Verlag
* American Mathematical Society (AMS)
In order to assure the authenticity of these fonts, copyright will be held by the American Mathematical Society. This is not meant to restrict in any way
the legitimate use of the fonts, such as (but not limited to) electronic distribution of documents containing these fonts, inclusion of these fonts into
other public domain or commercial font collections or computer applications, use of the outline data to create derivative fonts or faces, etc. However,
the AMS does require that the AMS copyright notice be removed from any derivative versions of the fonts which have been altered in any way. In addition,
to ensure the fidelity of TeX documents using Computer Modern fonts, Professor Donald Knuth, creator of the Computer Modern faces, has requested that any
alterations which yield different font metrics be given a different name.
TERMS OF SERVICE Effective Date: March 30, 2024
ANACONDA TERMS OF SERVICE
Please read these Terms of Service carefully before purchasing, using, accessing, or downloading any Anaconda Offerings (the “Offerings”). These Anaconda Terms of Service (“TOS”) are between Anaconda, Inc. (“Anaconda”) and you (“You”), the individual or entity acquiring and/or providing access to the Offerings. These TOS govern Your access, download, installation, or use of the Anaconda Offerings, which are provided to You in combination with the terms set forth in the applicable Offering Description, and are hereby incorporated into these TOS. Except where indicated otherwise, references to “You” shall include Your Users. You hereby acknowledge that these TOS are binding, and You affirm and signify your consent to these TOS by registering to, using, installing, downloading, or accessing the Anaconda Offerings effective as of the date of first registration, use, install, download or access, as applicable (the “Effective Date”). Capitalized definitions not otherwise defined herein are set forth in Section 15 (Definitions). If You do not agree to these Terms of Service, You must not register, use, install, download, or access the Anaconda Offerings.
1. ACCESS & USE
1.1 General License Grant. Subject to compliance with these TOS and any applicable Offering Description, Anaconda grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the applicable Anaconda Offering strictly as detailed herein and as set forth in a relevant Offering Description. If You purchase a subscription to an Offering as set forth in a relevant Order, then the license grant(s) applicable to your access, download, installation, or use of a specific Anaconda Offering will be set forth in the relevant Offering Description and any definitive agreement which may be executed by you in writing or electronic in connection with your Order (“Custom Agreement”). License grants for specific Anaconda Offerings are set forth in the relevant Offering Description, if applicable.
1.2 License Restrictions. Unless expressly agreed by Anaconda, You may not: (a) Make, sell, resell, license, sublicense, distribute, rent, or lease any Offerings available to anyone other than You or Your Users, unless expressly stated otherwise in an Order, Custom Agreement or the Documentation or as otherwise expressly permitted in writing by Anaconda; (b) Use the Offerings to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (c) Use the Offerings or Third Party Services to store or transmit Malicious Code, or attempt to gain unauthorized access to any Offerings or Third Party Services or their related systems or networks; (d)Interfere with or disrupt the integrity or performance of any Offerings or Third Party Services, or third-party data contained therein; (e) Permit direct or indirect access to or use of any Offerings or Third Party Services in a way that circumvents a contractual usage limit, or use any Offerings to access, copy or use any Anaconda intellectual property except as permitted under these TOS, a Custom Agreement, an Order or the Documentation; (f) Modify, copy or create derivative works of the Offerings or any part, feature, function or user interface thereof except, and then solely to the extent that, such activity is required to be permitted under applicable law; (g) Copy Content except as permitted herein or in an Order, a Custom Agreement or the Documentation or republish any material portion of any Offering in a manner competitive with the offering by Anaconda, including republication on another website or redistribute or embed any or all Offerings in a commercial product for redistribution or resale; (h) Frame or Mirror any part of any Content or Offerings, except if and to the extent permitted in an applicable Custom Agreement or Order for your own Internal Use and as permitted in a Custom Agreement or Documentation; (i) Except and then solely to the extent required to be permitted by applicable law, copy, disassemble, reverse engineer, or decompile an Offering, or access an Offering to build a competitive service by copying or using similar ideas, features, functions or graphics of the Offering. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Offerings or Content. Anaconda reserves the right to end any such activity. If You would like to redistribute or embed any Offering in any product You are developing, please contact the Anaconda team for a third party redistribution commercial license.
2. USERS & LICENSING
2.1 Organizational Use. Your registration, download, use, installation, access, or enjoyment of all Anaconda Offerings on behalf of an organization that has two hundred (200) or more employees or contractors (“Organizational Use”) requires a paid license of Anaconda Business or Anaconda Enterprise. For sake of clarity, use by government entities and nonprofit entities with over 200 employees or contractors is considered Organizational Use. Purchasing Starter tier license(s) does not satisfy the Organizational Use paid license requirement set forth in this Section 2.1. Educational Entities will be exempt from the paid license requirement, provided that the use of the Anaconda Offering(s) is solely limited to being used for a curriculum-based course. Anaconda reserves the right to monitor the registration, download, use, installation, access, or enjoyment of the Anaconda Offerings to ensure it is part of a curriculum. Utilizing Miniconda to pull package updates from the Anaconda Public Repository without a commercial license (if required by the conditions set forth in Section 2 of this Terms of Service) is considered a violation of the Terms of Service.
2.2 Use by Authorized Users. Your ”Authorized Users” are your employees, agents, and independent contractors (including outsourcing service providers) who you authorize to use the Anaconda Offering(s) on Your behalf for Your Internal Use, provided that You are responsible for: (a) ensuring that such Authorized Users comply with these TOS or an applicable Custom Agreement; and (b) any breach of these TOS by such Authorized Users.
2.3 Use by Your Affiliates. Your Affiliates may use the Anaconda Offering(s) on Your behalf for Your Internal Use only with prior written approval from Anaconda. Such Affiliate usage is limited to those Affiliates who were defined as such upon the Effective Date of these TOS. Usage by organizations who become Your Affiliates after the Effective Date may require a separate license, at Anaconda's discretion.
2.4 Licenses for Systems. For each End User Computing Device (“EUCD”) (i.e. laptops, desktop devices) one license covers one installation and a reasonable number of virtual installations on the EUCD (e.g. Docker, VirtualBox, Parallels, etc.). Any other installations, usage, deployments, or access must have an individual license per each additional usage.
2.5 Mirroring. You may only Mirror the Anaconda Offerings with the purchase of a Site License unless explicitly included in an Order Form or Custom Agreement.
2.6 Beta Offerings. Anaconda provides Beta Offerings “AS-IS” without support or any express or implied warranty or indemnity for any problems or issue s, and Anaconda has no liability relating to Your use of the Beta Offerings. Unless agreed in writing by Anaconda, You will not put Beta Offerings into production use. You may only use the Beta Offerings for the period specified by Anaconda in writing; (b) Anaconda, in its discretion, may stop providing the Beta Offerings at any time, at which point You must immediately cease using the Beta Offering(s); and (c) Beta Offerings may contain bugs, errors, or other issues..
2.7 Content. In consideration of Your payment of Subscription Fees, Anaconda hereby grants to You and Your Users a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license during the Usage Term to access, input, use, transmit, copy, process, and measure the Content solely (1) within the Offerings and to the extent required to enable the ordinary and unmodified functionality of the Offerings as described in the Offering descriptions, and (2) for your Internal Use. Customer hereby acknowledge that the grant hereunder is solely being provided for your Internal Use and not to modify or to create any derivatives based on the Content.
3. ANACONDA OFFERINGS
3.1 Upgrades or Additional Copies of Offerings. You may only use additional copies of the Offerings beyond Your Order if You have acquired such rights under an agreement with Anaconda and you may only use Upgrades under Your Order to the extent you have discontinued use of prior versions of the Offerings.
3.2 Changes to Offerings; Maintenance. Anaconda may: (a) enhance or refine an Offering, although in doing so, Anaconda will not materially reduce the core functionality of that Offering, except as contemplated in Section 3.4 (End of Life); and (b) perform scheduled maintenance of the infrastructure and software used to provide an Offering, during which You may experience some disruption to that Offering. Whenever reasonably practicable, Anaconda will provide You with advance notice of such maintenance. You acknowledge that occasionally, Anaconda may need to perform emergency maintenance without providing You advance notice, during which Anaconda may temporarily suspend Your access to, and use of, the Offering.
3.3 Use with Third Party Products. If You use the Anaconda Offering(s) with third party products, such use is at Your risk. Anaconda does not provide support or guarantee ongoing integration support for products that are not a native part of the Anaconda Offering(s).
3.4 End of Life. Anaconda reserves the right to discontinue the availability of an Anaconda Offering, including its component functionality, hereinafter referred to as “End of Life” or “EOL”, by providing written notice through its official website, accessible at www.anaconda.com at least sixty (60) days prior to the EOL. In such instances, Anaconda is under no obligation to provide support in the transition away from the EOL Offering or feature, You shall transition to the latest version of the Anaconda Offering, as soon as the newest Version is released in order to maintain uninterrupted service. In the event that You or Your designated Anaconda Partner have previously remitted a prepaid fee for the utilization of Anaconda Offering, and if the said Offering becomes subject to End of Life (EOL) before the end of an existing Usage Term, Anaconda shall undertake commercially reasonable efforts to provide the necessary information to facilitate a smooth transition to an alternative Anaconda Offering that bears substantial similarity in terms of functionality and capabilities. Anaconda will not be held liable for any direct or indirect consequences arising from the EOL of an Offering or feature, including but not limited to data loss, service interruption, or any impact on business operations.
4. OPEN SOURCE, CONTENT & APPLICATIONS
4.1 Open-Source Software & Packages. Our Offerings include open-source libraries, components, utilities, and third-party software that is distributed or otherwise made available as “free software,” “open-source software,” or under a similar licensing or distribution model (“Open-Source Software”), which may be subject to third party open-source license terms (the “Open-Source Terms”). Certain Offerings are intended for use with open-source Python and R software packages and tools for statistical computing and graphical analysis (“Packages”), which are made available in source code form by third parties and Community Users. As such, certain Offerings interoperate with certain Open-Source Software components, including without limitation Open Source Packages, as part of its basic functionality; and to use certain Offerings, You will need to separately license Open-Source Software and Packages from the licensor. Anaconda is not responsible for Open-Source Software or Packages and does not assume any obligations or liability with respect to You or Your Users' use of Open-Source Software or Packages. Notwithstanding anything to the contrary, Anaconda makes no warranty or indemnity hereunder with respect to any Open-Source Software or Packages. Some of such Open-Source Terms or other license agreements applicable to Packages determine that to the extent applicable to the respective Open-Source Software or Packages licensed thereunder. Any such terms prevail over any conflicting license terms, including these TOS. Anaconda will use best efforts to use only Open-Source Software and Packages that do not impose any obligation or affect the Customer Data (as defined hereinafter) or Intellectual Property Rights of Customer (beyond what is stated in the Open-Source Terms and herein), on an ordinary use of our Offerings that do not involve any modification, distribution, or independent use of such Open-Source Software.
4.2 Open Source Project Affiliation. Anaconda's software packages are not affiliated with upstream open source projects. While Anaconda may distribute and adapt open source software packages for user convenience, such distribution does not imply any endorsement, approval, or validation of the original software's quality, security, or suitability for specific purposes.
4.3 Third-Party Services and Content. You may access or use, at Your sole discretion, certain third-party products, services, and Content that interoperate with the Offerings including, but not limited to: (a) third party Packages, components, applications, services, data, content, or resources found in the Offerings, and (b) third-party service integrations made available through the Offerings or APIs (collectively, “Third-Party Services”). Each Third-Party Service is governed by the applicable terms and policies of the third-party provider. The terms under which You access, use, or download Third-Party Services are solely between You and the applicable Third-Party Service provider. Anaconda does not make any representations, warranties, or guarantees regarding the Third-Party Services or the providers thereof, including, but not limited to, the Third-Party Services’ continued availability, security, and integrity. Third-Party Services are made available by Anaconda on an “AS IS” and “AS AVAILABLE” basis, and Anaconda may cease providing them in the Offerings at any time in its sole discretion and You shall not be entitled to any refund, credit, or other compensation.
5. CUSTOMER CONTENT, APPLICATIONS & RESPONSIBILITIES
5.1 Customer Content and Applications. Your content remains your own. We assume no liability for the content you publish through our services. However, you must adhere to our Acceptable Use Policy while utilizing our platform. You can share your submitted Customer Content or Customer Applications with others using our Offerings. By sharing Your Content, you grant legal rights to those You give access to. Anaconda has no responsibility to enforce, police, or otherwise aid You in enforcing or policing the terms of the license(s) or permission(s) You have chosen to offer. Anaconda is not liable for third-party misuse of your submitted Customer Content or Customer Applications on our Offerings. Customer Applications does not include any derivative works that might be created out of open source where the license prohibits derivative works.
5.2 Removal of Customer Content and Applications. If You received a removal notification regarding any Customer Content or a Customer Application due to legal reasons or policy violations, you promptly must do so. If You don’t comply or the violation persists, Anaconda may disable the Content or your access to the Content. If required, You must confirm in writing that you’ve deleted or stopped using the Customer Content or Customer Applications. Anaconda might also remove Customer Content or Customer Applications if requested by a Third-party rights holder whose rights have been violated. Anaconda isn’t obliged to store or provide copies of Customer Content or Customer Applications that have been removed, is Your responsibility to maintain a back-up of Your Content.
5.3 Protecting Account Access. You will keep all account information up to date, use reasonable means to protect Your account information, passwords, and other login credentials, and promptly notify Anaconda of any known or suspected unauthorized use of or access to Your account.
6. YOUR DATA, PRIVACY & SECURITY
6.1 Your Data. Your Data, hereinafter “Customer Data”, is any data, files, attachments, text, images, reports, personal information, or any other data that is, uploaded or submitted, transmitted, or otherwise made available, to or through the Offerings, by You or any of your Authorized Users and is processed by Anaconda on your behalf. For the avoidance of doubt, Anonymized Data is not regarded as Customer Data. You retain all right, title, interest, and control, in and to the Customer Data, in the form submitted to the Offerings. Subject to these TOS, You grant Anaconda a worldwide, royalty-free, non-exclusive license to store, access, use, process, copy, transmit, distribute, perform, export, and display the Customer Data, and solely to the extent that reformatting Customer Data for display in the Offerings constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. The aforementioned license is hereby granted solely: (i) to maintain, improve and provide You the Offerings; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these TOS; (iv) to comply with a valid legal subpoena, request, or other lawful process; (v) detect and avoid overage of use of our Offering and confirm compliance by Customer with these TOS and other applicable agreements and policies; (vi) to create Anonymized Data whether directly or through telemetry, and (vi) as expressly permitted in writing by You. Anaconda may use and retain your Account Information for business purposes related to these TOS and to the extent necessary to meet Anaconda’s legal compliance obligations (including, for audit and anti-fraud purposes). We reserve the right to utilize aggregated data to enhance our Offerings functionality, ensure compliance, avoid Offering overuse, and derive insights from customer behavior, in strict adherence to our Privacy Policy.
6.2 Processing Customer Data. The ordinary operation of certain Offerings requires Customer Data to pass through Anaconda’s network. To the extent that Anaconda processes Customer Data on your behalf that includes Personal Data, Anaconda will handle such Personal Data in compliance with our Data Processing Addendum.
6.3 Privacy Policy. If You obtained the Offering under these TOS, the conditions pertaining to the handling of your Personal Data, as described in our Privacy Policy, shall govern. However, in instances where your offering acquisition is executed through a Custom Agreement, the terms articulated within our Data Processing Agreement (“DPA") shall take precedence over our Privacy Policy concerning data processing matters.
6.4 Aggregated Data. Anaconda retains all right, title, and interest in the models, observations, reports, analyses, statistics, databases, and other information created, compiled, analyzed, generated or derived by Anaconda from platform, network, or traffic data in the course of providing the Offerings (“Aggregated Data”). To the extent the Aggregated Data includes any Personal Data, Anaconda will handle such Personal Data in compliance with applicable data protection laws and the Privacy Policy or DPA, as applicable.
6.5 Offering Security. Anaconda will implement industry standard security safeguards for the protection of Customer Confidential Information, including any Customer Content originating or transmitted from or processed by the Offerings and/or cached on or within Anaconda’s network and stored within the Offerings in accordance with its policies and procedures. These safeguards include commercially reasonable administrative, technical, and organizational measures to protect Customer Content against destruction, loss, alteration, unauthorized disclosure, or unauthorized access, including such things as information security policies and procedures, security awareness training, threat and vulnerability management, incident response and breach notification, and vendor risk management procedures.
7. SUPPORT
7.1 Support Services. Anaconda offers Support Services that may be included with an Offering. Anaconda will provide the purchased level of Support Services in accordance with the terms of the Support Policy as detailed in the applicable Order. Unless ordered, Anaconda shall have no responsibility to deliver Support Services to You. The Support Service Levels and Tiers are described in the relevant Support Policy, found here.
7.2 Information Backups. You are aware of the risk that Your Content may be lost or irreparably damaged due to faults, suspension, or termination. While we might back up data, we cannot guarantee these backups will occur to meet your frequency needs or ensure successful recovery of Your Content. It is your obligation to back up any Content you wish to preserve. We bear no legal liability for the loss or damage of Your Content.
8. OWNERSHIP & INTELLECTUAL PROPERTY
8.1 General. Unless agreed in writing, nothing in these TOS transfers ownership in, or grants any license to, any Intellectual Property Rights.
8.2 Feedback. Anaconda may use any feedback You provide in connection with Your use of the Anaconda Offering(s) as part of its business operations. You hereby agree that any feedback provided to Anaconda will be the intellectual property of Anaconda without compensation to the provider, author, creator, or inventor of providing the feedback.
8.3 DMCA Compliance. You agree to adhere to our Digital Millennium Copyright Act (DMCA) policies established in our Acceptable Use Policy.
9. CONFIDENTIAL INFORMATION
9.1 Confidential Information. In connection with these TOS and the Offerings (including the evaluation thereof), each Party (“Discloser”) may disclose to the other Party (“Recipient”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior or after the Effective Date (“Confidential Information”). For the avoidance of doubt, (i) Customer Data is regarded as your Confidential Information, and (ii) our Offerings, including Beta Offerings, and inclusive of their underlying technology, and their respective performance information, as well as any data, reports, and materials we provided to You in connection with your evaluation or use of the Offerings, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Discloser; (b) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (c) is received from a third party without breach of any obligation owed to the Discloser; or (d) was independently developed by the Recipient without any use or reference to the Confidential Information.
9.2 Confidentiality Obligations. The Recipient will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these TOS and to consultants and advisors to such party, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.
9.3 Compelled Disclosure. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that to the extent legally permissible, the Recipient shall make best efforts to provide prompt written notice of such court order or requirement to the Discloser to enable the Discloser to seek a protective order or otherwise prevent or restrict such disclosure.
10. INDEMNIFICATION
10.1 By Customer. Customer hereby agree to indemnify, defend and hold harmless Anaconda and our Affiliates and their respective officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs incurred as a result of any third party claim arising from (i) You and/or any of your Authorized Users’, violation of these TOS or applicable law; and/or (ii) Customer Data and/or Customer Content, including the use of Customer Data and/or Customer Content by Anaconda and/or any of our subcontractors, which infringes or violates, any third party’s rights, including, without limitation, Intellectual Property Rights.
10.2 By Anaconda. Anaconda will defend any third party claim against You that Your valid use of Anaconda Offering(s) under Your Order infringes a third party's U.S. patent, copyright or U.S. registered trademark (the “IP Claim”). Anaconda will indemnify You against the final judgment entered by a court of competent jurisdiction or any settlements arising out of an IP Claim, provided that You: (a) promptly notify Anaconda in writing of the IP Claim; (b) fully cooperate with Anaconda in the defense of the IP Claim; and (c) grant Anaconda the right to exclusively control the defense and settlement of the IP Claim, and any subsequent appeal. Anaconda will have no obligation to reimburse You for Your attorney fees and costs in connection with any IP Claim for which Anaconda is providing defense and indemnification hereunder. You, at Your own expense, may retain Your own legal representation.
10.3 Additional Remedies. If an IP Claim is made and prevents Your exercise of the Usage Rights, Anaconda will either procure for You the right to continue using the Anaconda Offering(s), or replace or modify the Anaconda Offering(s) with functionality that is non-infringing. Only if Anaconda determines that these alternatives are not reasonably available, Anaconda may terminate Your Usage Rights granted under these TOS upon written notice to You and will refund You a prorated portion of the fee You paid for the Anaconda Offering(s) for the remainder of the unexpired Usage Term.
10.4 Exclusions. Anaconda has no obligation regarding any IP Claim based on: (a) compliance with any designs, specifications, or requirements You provide or a third party provides; (b) Your modification of any Anaconda Offering(s) or modification by a third party; (c) the amount or duration of use made of the Anaconda Offering(s), revenue You earned, or services You offered; (d) combination, operation, or use of the Anaconda Offering(s) with non-Anaconda products, software or business processes; (e) Your failure to modify or replace the Anaconda Offering(s) as required by Anaconda; or (f) any Anaconda Offering(s) provided on a no charge, beta or evaluation basis; or (g) your use of the Open Source Software and/or Third Party Services made available to You within the Anaconda Offerings.
10.5 Exclusive Remedy. This Section 9 (Indemnification) states Anaconda’s entire obligation and Your exclusive remedy regarding any IP Claim against You.
11. LIMITATION OF LIABILITY
11.1 Limitation of Liability. Neither Party will be liable for indirect, incidental, exemplary, punitive, special or consequential damages; loss or corruption of data or interruption or loss of business; or loss of revenues, profits, goodwill or anticipated sales or savings except as a result of violation of Anaconda’s Intellectual Property Rights. Except as a result of violation of Anaconda’s Intellectual Property Rights, the maximum aggregate liability of each party under these TOS is limited to: (a) for claims solely arising from software licensed on a perpetual basis, the fees received by Anaconda for that Offering; or (b) for all other claims, the fees received by Anaconda for the applicable Anaconda Offering and attributable to the 12 month period immediately preceding the first claim giving rise to such liability; provided if no fees have been received by Anaconda, the maximum aggregate liability shall be one hundred US dollars ($100). This limitation of liability applies whether the claims are in warranty, contract, tort (including negligence), infringement, or otherwise, even if either party has been advised of the possibility of such damages. Nothing in these TOS limits or excludes any liability that cannot be limited or excluded under applicable law. This limitation of liability is cumulative and not per incident.
12. FEES & PAYMENT
12.1 Fees. Orders for the Anaconda Offering(s) are non-cancellable. Fees for Your use of an Anaconda Offering are set out in Your Order or similar purchase terms with Your Approved Source. If payment is not received within the specified payment terms, any overdue and unpaid balances will be charged interest at a rate of five percent (5%) per month, charged daily until the balance is paid.
12.2 Billing. You agree to provide us with updated, accurate, and complete billing information, and You hereby authorize Anaconda, either directly or through our payment processing service or our Affiliates, to charge the applicable Fees set forth in Your Order via your selected payment method, upon the due date. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. We reserve the right to change the Fees at any time, upon notice to You if such change may affect your existing Subscriptions or other renewable services upon renewal. In the event of failure to collect the Fees You owe, we may, at our sole discretion (but shall not be obligated to), retry to collect at a later time, and/or suspend or cancel the Account, without notice. If You pay fees by credit card, Anaconda will charge the credit card in accordance with Your Subscription plan. You remain liable for any fees which are rejected by the card issuer or charged back to Anaconda.
12.3 Taxes. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these TOS and the purchase or sale, of the Offerings or other services set forth in the Order (the “Taxes”), except for Taxes imposed on our income.
12.4 Payment Through Anaconda Partner. If You purchased an Offering from an Anaconda Partner or other Approved Source, then to the extent there is any conflict between these TOS and any terms of service entered between You and the respective Partner, including any purchase order, then, as between You and Anaconda, these TOS shall prevail. Any rights granted to You and/or any of the other Users in a separate agreement with a Partner which are not contained in these TOS, apply only in connection vis a vis the Partner.
13. TERM, TERMINATION & SUSPENSION
13.1 Subscription Term. The Offerings are provided on a subscription basis for the term specified in your Order (the “Subscription Term”). The termination or suspension of an individual Order will not terminate or suspend any other Order. If these TOS are terminated in whole, all outstanding Order(s) will terminate.
13.2 Subscription Auto-Renewal. To prevent interruption or loss of service when using the Offerings or any Subscription and Support Services will renew automatically, unless You cancel your license to the Offering, Subscription or Support Services agreement prior to their expiration.
13.3 Termination. If a party materially breaches these TOS and does not cure that breach within 30 days after receipt of written notice of the breach, the non-breaching party may terminate these TOS for cause. Anaconda may immediately terminate your Usage Rights if You breach Section 1 (Access & Use), Section 4 (Open Source, Content & Applications), Section 8 (Ownership & Intellectual Property) or Section 16.10 (Export) or any of the Offering Descriptions.
13.4 Survival. Section 8 (Ownership & Intellectual Property), Section 6.4 (Aggregated Data), Section 9 (Confidential Information), Section 9.3 (Warranty Disclaimer), Section 12 (Limitation of Liability), Section 14 (Term, Termination & Suspension), obligations to make payment under Section 13 which accrued prior to termination (Fees & Payment), Section 14.4 (Survival), Section 14.5 (Effect of Termination), Section 15 (Records, User Count) and Section 16 (General Provisions) survive termination or expiration of these TOS.
13.5 Effect of Termination. Upon termination of the TOS, You must stop using the Anaconda Offering(s) and destroy any copies of Anaconda Proprietary Technology and Confidential Information within Your control. Upon Anaconda’s termination of these TOS for Your material breach, You will pay Anaconda or the Approved Source any unpaid fees through to the end of the then-current Usage Term. If You continue to use or access any Anaconda Offering(s) after termination, Anaconda or the Approved Source may invoice You, and You agree to pay, for such continued use. Anaconda may require evidence of compliance with this Section 13. Upon request, you agree to provide evidence of compliance to Anaconda demonstrating that all proprietary Anaconda Offering(s) or components thereof have been removed from your systems. Such evidence may be in the form of a system scan report or other similarly detailed method.
13.6 Excessive Usage. We shall have the right to throttle or restrict Your access to the Offerings where we, at our sole discretion, believe that You and/or any of your Authorized Users, have misused the Offerings or otherwise use the Offerings in an excessive manner compared to the anticipated standard use (at our sole discretion) of the Offerings, including, without limitation, excessive network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, etc.
14. RECORDS, USER COUNT
14.1 Verification Records. During the Usage Term and for a period of thirty six (36) months after its expiry or termination, You will take reasonable steps to maintain complete and accurate records of Your use of the Anaconda Offering(s) sufficient to verify compliance with these TOS (“Verification Records”). Upon reasonable advance notice, and no more than once per 12 month period unless the prior review showed a breach by You, You will, within thirty (30) days from Anaconda’s notice, allow Anaconda and/or its auditors access to the Verification Records and any applicable books, systems (including Anaconda product(s) or other equipment), and accounts during Your normal business hours.
14.2 Quarterly User Count. In accordance with the pricing structure stipulated within the relevant Order Form and this Agreement, in instances where the pricing assessment is contingent upon the number of users, Anaconda will conduct a periodic true-up on a quarterly basis to ascertain the alignment between the actual number of users utilizing the services and the initially reported user count, and to assess for any unauthorized or noncompliant usage.
14.3 Penalties for Overage or Noncompliant Use. Should the actual User count exceed the figure initially provided, or unauthorized usage is uncovered, the contracting party shall remunerate the difference to Anaconda, encompassing the additional Users or noncompliant use in compliance with Anaconda’s then-current pricing terms. The payment for such difference shall be due in accordance with the invoicing and payment provisions specified in these TOS and/or within the relevant Order and the Agreement. In the event there is no custom commercial agreement beyond these TOS between You and Anaconda at the time of a true-up pursuant to Section 14.2, and said true-up uncovers unauthorized or noncompliant usage, You will remunerate Anaconda via a settlement amount or back bill for any fees owed as a result of all unauthorized usage after April of 2020. Fees may be waived by Anaconda at its discretion. In addition to any charges for User counts, Anaconda may, at its sole discretion, also calculate damages based on activity metrics such as installers, packages or mirrors.
15. GENERAL PROVISIONS
15.1 Order of Precedence. If there is any conflict between these TOS and any Offering Description expressly referenced in these TOS, the order of precedence is: (a) such Offering Description; (b) these TOS (excluding the Offering Description and any Anaconda policies); then (c) any applicable Anaconda policy expressly referenced in these TOS and any agreement expressly incorporated by reference. If there is a Custom Agreement, the Custom Agreement shall control over these TOS.
15.2 Entire Agreement. These TOS are the complete agreement between the parties regarding the subject matter of these TOS and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral) unless a Custom Agreement has been executed where, in such case, the Custom Agreement shall continue in full force and effect and shall control.
15.3 Modifications to the TOS. Anaconda may change these TOS or any of its components by updating these TOS on legal.anaconda.com/terms-of-service. Changes to the TOS apply to any Orders acquired or renewed after the date of modification.
15.4 Third Party Beneficiaries. These TOS do not grant any right or cause of action to any third party.
15.5 Assignment. Anaconda may assign this Agreement to (a) an Affiliate; or (b) a successor or acquirer pursuant to a merger or sale of all or substantially all of such party’s assets at any time and without written notice. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of Anaconda and their respective successors and permitted assigns.
15.6 US Government End Users. The Offerings and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to FAR 12.212 and DFARS 227.7202. All US Government end users acquire the Offering(s) and Documentation with only those rights set forth in these TOS. Any provisions that are inconsistent with federal procurement regulations are not enforceable against the US Government. In no event shall source code be provided or considered to be a deliverable or a software deliverable under these TOS.
15.7 Anaconda Partner Transactions. If You purchase access to an Anaconda Offering from an Anaconda Partner, the terms of these TOS apply to Your use of that Anaconda Offering and prevail over any inconsistent provisions in Your agreement with the Anaconda Partner.
15.8 Children and Minors. If You are under 18 years old, then by entering into these TOS You explicitly stipulate that (i) You have legal capacity to consent to these TOS or Your parent or legal guardian has done so on Your behalf; (ii) You understand the Anaconda Privacy Policy; and (iii) You understand that certain underage users are strictly prohibited from using certain features and functionalities provided by the Anaconda Offering(s). You may not enter into these TOS if You are under 13 years old. Anaconda does not intentionally seek to collect or solicit personal information from individuals under the age of 13. In the event we become aware that we have inadvertently obtained personal information from a child under the age of 13 without appropriate parental consent, we shall expeditiously delete such information. If applicable law allows the utilization of an Offering with parental consent, such consent shall be demonstrated in accordance with the prescribed process outlined by Anaconda’s Privacy Policy for obtaining parental approval.
15.9 Compliance with Laws. Each party will comply with all laws and regulations applicable to their respective obligations under these TOS.
15.10 Export. The Anaconda Offerings are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to the applicability of and Your compliance with those laws, and You will not receive, use, transfer, export or re-export any Anaconda Offerings in a way that would cause Anaconda to violate those laws. You also agree to obtain any required licenses or authorizations. Without limiting the foregoing, You may not acquire Offerings if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
15.11 Governing Law and Venue. THESE TOS, AND ANY DISPUTES ARISING FROM THEM, WILL BE GOVERNED EXCLUSIVELY BY THE GOVERNING LAW OF DELAWARE AND WITHOUT REGARD TO CONFLICTS OF LAWS RULES OR THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EACH PARTY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS. You acknowledge that any violation of the requirements under Section 4 (Ownership & Intellectual Property) or Section 7 (Confidential Information) may cause irreparable damage to Anaconda and that Anaconda will be entitled to seek injunctive and other equitable or legal relief to prevent or compensate for such unauthorized use.
15.12 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15.13 Notices. Any notice delivered by Anaconda to You under these TOS will be delivered via email, regular mail or postings on www.anaconda.com. Notices to Anaconda should be sent to Anaconda, Inc., Attn: Legal at 1108 Lavaca Street, Suite 110-645 Austin, TX 78701 and legal@anaconda.com.
15.14 Publicity. Anaconda reserves the right to reference You as a customer and display your logo and name on our website and other promotional materials for marketing purposes. Any display of your logo and name shall be in compliance with Your branding guidelines, if provided by notice pursuant to Section 15.13 by You. Except as provided in this Section 15.14 or by separate mutual written agreement, neither party will use the logo, name or trademarks of the other party or refer to the other party in any form of publicity or press release without such party’s prior written approval.
15.15 Force Majeure. Except for payment obligations, neither Party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
15.16 No Waiver; Severability. Failure by either party to enforce any right under these TOS will not waive that right. If any portion of these TOS are not enforceable, it will not affect any other terms.
15.17 Electronic Signatures. IF YOUR ACCEPTANCE OF THESE TERMS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A "CHECK THE BOX" ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THESE TERMS. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THESE TOS AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS ALONE SUFFICES.
16. DEFINITIONS
“Affiliate” means any corporation or legal entity that directly or indirectly controls, or is controlled by, or is under common control with the relevant party, where “control” means to: (a) own more than 50% of the relevant party; or (b) be able to direct the affairs of the relevant party through any lawful means (e.g., a contract that allows control).
“Anaconda” “we” “our” or “us” means Anaconda, Inc. or its applicable Affiliate(s).
“Anaconda Content” means any: Anaconda Content includes geographic and domain information, rules, signatures, threat intelligence and data feeds and Anaconda’s compilation of suspicious URLs.
“Anaconda Partner” or “Partner” means an Anaconda authorized reseller, distributor or systems integrator authorized by Anaconda to sell Anaconda Offerings.
“Anaconda Offering” or “Offering” means the Anaconda Services, Anaconda software, Documentation, software development kits (“SDKs”), application programming interfaces (“APIs”), and any other items or services provided by Anaconda any Upgrades thereto under the terms of these TOS, the relevant Offering Descriptions, as identified in the relevant Order, and/or any updates thereto.
“Anaconda Proprietary Technology” means any software, code, tools, libraries, scripts, APIs, SDKs, templates, algorithms, data science recipes (including any source code for data science recipes and any modifications to such source code), data science workflows, user interfaces, links, proprietary methods and systems, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material, information and works of authorship underlying or otherwise used to make available the Anaconda Offerings including, without limitation, all Intellectual Property Rights therein and thereto.
“Anaconda Service” means Support Services and any other consultation or professional services provided by or on behalf of Anaconda under the terms of the Agreement, as identified in the applicable Order and/or SOW.
“Approved Source” means Anaconda or an Anaconda Partner.
“Anonymized Data” means any Personal Data (including Customer Personal Data) and data regarding usage trends and behavior with respect to Offerings, that has been anonymized such that the Data Subject to whom it relates cannot be identified, directly or indirectly, by Anaconda or any other party reasonably likely to receive or access that anonymized Personal Data or usage trends and behavior.
“Authorized Users” means Your Users, Your Affiliates who have been identified to Anaconda and approved, Your third-party service providers, and each of their respective Users who are permitted to access and use the Anaconda Offering(s) on Your behalf as part of Your Order.
“Beta Offerings” Beta Offerings means any portion of the Offerings offered on a “beta” basis, as designated by Anaconda, including but not limited to, products, plans, services, and platforms.
“Content” means Packages, components, applications, services, data, content, or resources, which are available for download access or use through the Offerings, and owned by third-party providers, defined herein as Third Party Content, or Anaconda, defined herein as Anaconda Content.
“Documentation” means the technical specifications and usage materials officially published by Anaconda specifying the functionalities and capabilities of the applicable Anaconda Offerings.
“Educational Entities” means educational organizations, classroom learning environments, or academic instructional organizations.
“Fees” mean the costs and fees for the Anaconda Offerings(s) set forth within the Order and/or SOW, or any fees due immediately when purchasing via the web-portal.
“Government Entities” means any body, board, department, commission, court, tribunal, authority, agency or other instrumentality of any such government or otherwise exercising any executive, legislative, judicial, administrative or regulatory functions of any Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities of such government)
“Internal Use” means Customer’s use of an Offering for Customer’s own internal operations, to perform Python/R data science and machine learning on a single platform from Customer’s systems, networks, and devices. Such use does not include use on a service bureau basis or otherwise to provide services to, or process data for, any third party, or otherwise use to monitor or service the systems, networks, and devices of third parties.
“Intellectual Property Rights” means any and all now known or hereafter existing worldwide: (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) Confidential Information, including trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing.
“Malicious Code” means code designed or intended to disable or impede the normal operation of, or provide unauthorized access to, networks, systems, Software or Cloud Services other than as intended by the Anaconda Offerings (for example, as part of some of Anaconda’s Security Offering(s).
“Mirror” or “Mirroring” means the unauthorized or authorized act of duplicating, copying, or replicating an Anaconda Offering, (e.g. repository, including its contents, files, and data),, from Anaconda's servers to another location. If Mirroring is not performed under a site license, or by written authorization by Anaconda, the Mirroring constitutes a violation of Anaconda's Terms of Service and licensing agreements.
“Offering Description”’ means a legally structured and detailed description outlining the features, specifications, terms, and conditions associated with a particular product, service, or offering made available to customers or users. The Offering Description serves as a legally binding document that defines the scope of the offering, including pricing, licensing terms, usage restrictions, and any additional terms and conditions.
“Order” or “Order Form” means a legally binding document, website page, or electronic mail that outlines the specific details of Your purchase of Anaconda Offerings or Anaconda Services, including but not limited to product specifications, pricing, quantities, and payment terms either issued by Anaconda or from an Approved Source.
“Personal Data” Refers to information falling within the definition of 'personal data' and/or 'personal information' as outlined by Relevant Data Protection Regulations, such as a personal identifier (e.g., name, last name, and email), financial information (e.g., bank account numbers) and online identifiers (e.g., IP addresses, geolocation.
“Relevant Data Protection Regulations” mean, as applicable, (a) Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) along with any supplementary or replacement bills enacted into law by the Government of Canada (collectively “PIPEDA”); (b) the General Data Protection Regulation (Regulation (EU) 2016/679) and applicable laws by EU member states which either supplement or are necessary to implement the GDPR (collectively “GDPR”); (c) the California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.198(a)), along with its various amendments (collectively “CCPA”); (d) the GDPR as applicable under section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (as amended) (collectively “UK GDPR”); (e) the Swiss Federal Act on Data Protection of June 19, 1992 and as it may be revised from time to time (the “FADP”); and (f) any other applicable law related to the protection of Personal Data.
“Site License'' means a License that confers Customer the right to use Anaconda Offerings throughout an organization, encompassing authorized Users without requiring individual licensing arrangements. Site Licenses have limits based on company size as set forth in a relevant Order, and does not cover future assignment of Users through mergers and acquisitions unless otherwise specified in writing by Anaconda.
“Software” means the Anaconda Offerings, including Upgrades, firmware, and applicable Documentation.
“Subscription” means the payment of recurring Ffees for accessing and using Anaconda's Software and/or an Anaconda Service over a specified period. Your subscription grants you the right to utilize our products, receive updates, and access support, all in accordance with our terms and conditions for such Offering.
“Subscription Fees” means the costs and Fees associated with a Subscription.
“Support Services” means the support and maintenance services provided by Anaconda to You in accordance with the relevant support and maintenance policy (“Support Policy”) located at legal.anaconda.com/support-policy.
“Third Party Services” means external products, applications, or services provided by entities other than Anaconda. These services may be integrated with or used in conjunction with Anaconda's offerings but are not directly provided or controlled by Anaconda.
“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software.
“Usage Term” means the period commencing on the date of delivery and continuing until expiration or termination of the Order, during which period You have the right to use the applicable Anaconda Offering.
“User” means the individual, system (e.g. virtual machine, automated system, server-side container, etc.) or organization that (a) has visited, downloaded or used the Offerings(s), (b) is using the Offering or any part of the Offerings(s), or (c) directs the use of the Offerings(s) in the performance of its functions.
“Version” means the Offering configuration identified by a numeric representation, whether left or right of the decimal place.
ANDROID SOFTWARE DEVELOPMENT KIT
Terms and Conditions
This is the Android Software Development Kit License Agreement.
1. Introduction
1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and
specifically including the Android system files, packaged APIs, and Google APIs add-ons) is
licensed to you subject to the terms of this License Agreement. This License Agreement forms a
legally binding contract between you and Google in relation to your use of the SDK.
1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
Amphitheatre Parkway, Mountain View, CA 94043, United States.
2. Accepting this License Agreement
2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the
SDK if you do not accept this License Agreement.
2.2 You can accept this License Agreement by:
(A) clicking to accept or agree to this License Agreement, where this option is made available to
you; or
(B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of
the Licensing Agreement from that point onwards.
2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred
from receiving the SDK under the laws of the United States or other countries including the country
in which you are resident or from which you use the SDK.
2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other
entity, you represent and warrant that you have full legal authority to bind your employer or such
entity to this License Agreement. If you do not have the requisite authority, you may not accept
the Licensing Agreement or use the SDK on behalf of your employer or other entity.
3. SDK License from Google
3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide,
royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop
applications to run on the Android platform.
3.2 You agree that Google or third parties own all legal right, title and interest in and to the
SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property
Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law,
and any and all other proprietary rights. Google reserves all rights not expressly granted to you.
3.3 Except to the extent required by applicable third party licenses, you may not copy (except for
backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create
derivative works of the SDK or any part of the SDK. Except to the extent required by applicable
third party licenses, you may not load any part of the SDK onto a mobile handset or any other
hardware device except a personal computer, combine any part of the SDK with other software, or
distribute any software or device incorporating a part of the SDK.
3.4 Use, reproduction and distribution of components of the SDK licensed under an open source
software license are governed solely by the terms of that open source software license and not
this License Agreement.
3.5 You agree that the form and nature of the SDK that Google provides may change without prior
notice to you and that future versions of the SDK may be incompatible with applications developed
on previous versions of the SDK. You agree that Google may stop (permanently or temporarily)
providing the SDK (or any features within the SDK) to you or to users generally at Google's sole
discretion, without prior notice to you.
3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names,
trademarks, service marks, logos, domain names, or other distinctive brand features.
3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including
copyright and trademark notices) that may be affixed to or contained within the SDK.
4. Use of the SDK by You
4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under
this License Agreement in or to any software applications that you develop using the SDK, including
any intellectual property rights that subsist in those applications.
4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this
License Agreement and (b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws regarding the export of data or
software to and from the United States or other relevant countries).
4.3 You agree that if you use the SDK to develop applications for general public users, you will
protect the privacy and legal rights of those users. If the users provide you with user names,
passwords, or other login information or personal information, your must make the users aware that
the information will be available to your application, and you must provide legally adequate privacy
notice and protection for those users. If your application stores personal or sensitive information
provided by users, it must do so securely. If the user provides your application with Google Account
information, your application may only use that information to access the user's Google Account
when, and for the limited purposes for which, the user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the SDK, including the development or
distribution of an application, that interferes with, disrupts, damages, or accesses in an
unauthorized manner the servers, networks, or other properties or services of any third party
including, but not limited to, Google or any mobile communications carrier.
4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or
to any third party for) any data, content, or resources that you create, transmit or display through
the Android platform and/or applications for the Android platform, and for the consequences of your
actions (including any loss or damage which Google may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or
to any third party for) any breach of your obligations under this License Agreement, any applicable
third party contract or Terms of Service, or any applicable law or regulation, and for the
consequences (including any loss or damage which Google or any third party may suffer) of any such
breach.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of any developer
credentials that may be issued to you by Google or which you may choose yourself and that you will
be solely responsible for all applications that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the SDK, Google may collect certain usage
statistics from the software including but not limited to a unique identifier, associated IP
address, version number of the software, and information on which tools and/or services in the SDK
are being used and how they are being used. Before any of this information is collected, the SDK
will notify you and seek your consent. If you withhold consent, the information will not be
collected.
6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in
accordance with Google's Privacy Policy.
7. Third Party Applications for the Android Platform
7.1 If you use the SDK to run applications developed by a third party or that access data, content
or resources provided by a third party, you agree that Google is not responsible for those
applications, data, content, or resources. You understand that all data, content or resources which
you may access through such third party applications are the sole responsibility of the person from
which they originated and that Google is not liable for any loss or damage that you may experience
as a result of the use or access of any of those third party applications, data, content, or
resources.
7.2 You should be aware the data, content, and resources presented to you through such a third party
application may be protected by intellectual property rights which are owned by the providers (or by
other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute
or create derivative works based on these data, content, or resources (either in whole or in part)
unless you have been specifically given permission to do so by the relevant owners.
7.3 You acknowledge that your use of such third party applications, data, content, or resources may
be subject to separate terms between you and the relevant third party. In that case, this License
Agreement does not affect your legal relationship with these third parties.
8. Using Android APIs
8.1 Google Data APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be
protected by intellectual property rights which are owned by Google or those parties that provide
the data (or by other persons or companies on their behalf). Your use of any such API may be subject
to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on this data (either in whole or in part) unless allowed by the relevant
Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you
shall retrieve data only with the user's explicit consent and only when, and for the limited
purposes for which, the user has given you permission to do so.
9. Terminating this License Agreement
9.1 This License Agreement will continue to apply until terminated by either you or Google as set
out below.
9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK
and any relevant developer credentials.
9.3 Google may at any time, terminate this License Agreement with you if:
(A) you have breached any provision of this License Agreement; or
(B) Google is required to do so by law; or
(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated
its relationship with Google or ceased to offer certain parts of the SDK to you; or
(D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the
country in which you are resident or from which you use the service, or the provision of the SDK or
certain SDK services to you by Google is, in Google's sole discretion, no longer commercially
viable.
9.4 When this License Agreement comes to an end, all of the legal rights, obligations and
liabilities that you and Google have benefited from, been subject to (or which have accrued over
time whilst this License Agreement has been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall
continue to apply to such rights, obligations and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE
SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY
LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN
AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless
Google, its affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or
accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any
copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any
person or defames any person or violates their rights of publicity or privacy, and (c) any
non-compliance by you with this License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK.
When these changes are made, Google will make a new version of the License Agreement available on
the website where the SDK is made available.
14. General Legal Terms
14.1 This License Agreement constitute the whole legal agreement between you and Google and govern
your use of the SDK (excluding any services which Google may provide to you under a separate written
agreement), and completely replace any prior agreements between you and Google in relation to the
SDK.
14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is
contained in this License Agreement (or which Google has the benefit of under any applicable law),
this will not be taken to be a formal waiver of Google's rights and that those rights or remedies
will still be available to Google.
14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision
of this License Agreement is invalid, then that provision will be removed from this License
Agreement without affecting the rest of this License Agreement. The remaining provisions of this
License Agreement will continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of which Google is the
parent shall be third party beneficiaries to this License Agreement and that such other companies
shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that
confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall
be third party beneficiaries to this License Agreement.
14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST
COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE
LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in this License Agreement may not be assigned or transferred by either you
or Google without the prior written approval of the other party. Neither you nor Google shall be
permitted to delegate their responsibilities or obligations under this License Agreement without the
prior written approval of the other party.
14.7 This License Agreement, and your relationship with Google under this License Agreement, shall
be governed by the laws of the State of California without regard to its conflict of laws
provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located
within the county of Santa Clara, California to resolve any legal matter arising from this License
Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
April 10, 2009
This is the Android Software Development Kit License Agreement
1. Introduction
1.1 The Android Software Development Kit (referred to in this License Agreement
as the "SDK" and specifically including the Android system files, packaged APIs,
and Google APIs add-ons) is licensed to you subject to the terms of this License
Agreement. This License Agreement forms a legally binding contract between you
and Google in relation to your use of the SDK.
1.2 "Android" means the Android software stack for devices, as made available
under the Android Open Source Project, which is located at the following URL:
http://source.android.com/, as updated from time to time.
1.3 "Google" means Google Inc., a Delaware corporation with principal place of
business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
2. Accepting this License Agreement
2.1 In order to use the SDK, you must first agree to this License Agreement. You
may not use the SDK if you do not accept this License Agreement.
2.2 By clicking to accept, you hereby agree to the terms of this License
Agreement.
2.3 You may not use the SDK and may not accept the License Agreement if you are
a person barred from receiving the SDK under the laws of the United States or
other countries including the country in which you are resident or from which
you use the SDK.
2.4 If you are agreeing to be bound by this License Agreement on behalf of your
employer or other entity, you represent and warrant that you have full legal
authority to bind your employer or such entity to this License Agreement. If you
do not have the requisite authority, you may not accept the License Agreement or
use the SDK on behalf of your employer or other entity.
3. SDK License from Google
3.1 Subject to the terms of this License Agreement, Google grants you a limited,
worldwide, royalty-free, non-assignable and non-exclusive license to use the SDK
solely to develop applications to run on the Android platform.
3.2 You agree that Google or third parties own all legal right, title and
interest in and to the SDK, including any Intellectual Property Rights that
subsist in the SDK. "Intellectual Property Rights" means any and all rights
under patent law, copyright law, trade secret law, trademark law, and any and
all other proprietary rights. Google reserves all rights not expressly granted
to you.
3.3 You may not use the SDK for any purpose not expressly permitted by this
License Agreement. Except to the extent required by applicable third party
licenses, you may not: (a) copy (except for backup purposes), modify, adapt,
redistribute, decompile, reverse engineer, disassemble, or create derivative
works of the SDK or any part of the SDK; or (b) load any part of the SDK onto a
mobile handset or any other hardware device except a personal computer, combine
any part of the SDK with other software, or distribute any software or device
incorporating a part of the SDK.
3.4 You agree that you will not take any actions that may cause or result in the
fragmentation of Android, including but not limited to distributing,
participating in the creation of, or promoting in any way a software development
kit derived from the SDK.
3.5 Use, reproduction and distribution of components of the SDK licensed under
an open source software license are governed solely by the terms of that open
source software license and not this License Agreement.
3.6 You agree that the form and nature of the SDK that Google provides may
change without prior notice to you and that future versions of the SDK may be
incompatible with applications developed on previous versions of the SDK. You
agree that Google may stop (permanently or temporarily) providing the SDK (or
any features within the SDK) to you or to users generally at Google's sole
discretion, without prior notice to you.
3.7 Nothing in this License Agreement gives you a right to use any of Google's
trade names, trademarks, service marks, logos, domain names, or other
distinctive brand features.
3.8 You agree that you will not remove, obscure, or alter any proprietary rights
notices (including copyright and trademark notices) that may be affixed to or
contained within the SDK.
4. Use of the SDK by You
4.1 Google agrees that it obtains no right, title or interest from you (or your
licensors) under this License Agreement in or to any software applications that
you develop using the SDK, including any intellectual property rights that
subsist in those applications.
4.2 You agree to use the SDK and write applications only for purposes that are
permitted by (a) this License Agreement and (b) any applicable law, regulation
or generally accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and from the
United States or other relevant countries).
4.3 You agree that if you use the SDK to develop applications for general public
users, you will protect the privacy and legal rights of those users. If the
users provide you with user names, passwords, or other login information or
personal information, you must make the users aware that the information will be
available to your application, and you must provide legally adequate privacy
notice and protection for those users. If your application stores personal or
sensitive information provided by users, it must do so securely. If the user
provides your application with Google Account information, your application may
only use that information to access the user's Google Account when, and for the
limited purposes for which, the user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the SDK, including
the development or distribution of an application, that interferes with,
disrupts, damages, or accesses in an unauthorized manner the servers, networks,
or other properties or services of any third party including, but not limited
to, Google or any mobile communications carrier.
4.5 You agree that you are solely responsible for (and that Google has no
responsibility to you or to any third party for) any data, content, or resources
that you create, transmit or display through Android and/or applications for
Android, and for the consequences of your actions (including any loss or damage
which Google may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Google has no
responsibility to you or to any third party for) any breach of your obligations
under this License Agreement, any applicable third party contract or Terms of
Service, or any applicable law or regulation, and for the consequences
(including any loss or damage which Google or any third party may suffer) of any
such breach.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of
any developer credentials that may be issued to you by Google or which you may
choose yourself and that you will be solely responsible for all applications
that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the SDK, Google may collect
certain usage statistics from the software including but not limited to a unique
identifier, associated IP address, version number of the software, and
information on which tools and/or services in the SDK are being used and how
they are being used. Before any of this information is collected, the SDK will
notify you and seek your consent. If you withhold consent, the information will
not be collected.
6.2 The data collected is examined in the aggregate to improve the SDK and is
maintained in accordance with Google's Privacy Policy.
7. Third Party Applications
7.1 If you use the SDK to run applications developed by a third party or that
access data, content or resources provided by a third party, you agree that
Google is not responsible for those applications, data, content, or resources.
You understand that all data, content or resources which you may access through
such third party applications are the sole responsibility of the person from
which they originated and that Google is not liable for any loss or damage that
you may experience as a result of the use or access of any of those third party
applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to you
through such a third party application may be protected by intellectual property
rights which are owned by the providers (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on these data, content, or resources (either in whole or
in part) unless you have been specifically given permission to do so by the
relevant owners.
7.3 You acknowledge that your use of such third party applications, data,
content, or resources may be subject to separate terms between you and the
relevant third party. In that case, this License Agreement does not affect your
legal relationship with these third parties.
8. Using Android APIs
8.1 Google Data APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge that the
data may be protected by intellectual property rights which are owned by Google
or those parties that provide the data (or by other persons or companies on
their behalf). Your use of any such API may be subject to additional Terms of
Service. You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on this data (either in whole or in part) unless allowed
by the relevant Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge
and agree that you shall retrieve data only with the user's explicit consent and
only when, and for the limited purposes for which, the user has given you
permission to do so.
9. Terminating this License Agreement
9.1 This License Agreement will continue to apply until terminated by either you
or Google as set out below.
9.2 If you want to terminate this License Agreement, you may do so by ceasing
your use of the SDK and any relevant developer credentials.
9.3 Google may at any time, terminate this License Agreement with you if:
(A) you have breached any provision of this License Agreement; or
(B) Google is required to do so by law; or
(C) the partner with whom Google offered certain parts of SDK (such as APIs) to
you has terminated its relationship with Google or ceased to offer certain parts
of the SDK to you; or
(D) Google decides to no longer provide the SDK or certain parts of the SDK to
users in the country in which you are resident or from which you use the
service, or the provision of the SDK or certain SDK services to you by Google
is, in Google's sole discretion, no longer commercially viable.
9.4 When this License Agreement comes to an end, all of the legal rights,
obligations and liabilities that you and Google have benefited from, been
subject to (or which have accrued over time whilst this License Agreement has
been in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of paragraph 14.7 shall
continue to apply to such rights, obligations and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE
RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH USE.
10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA,
WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and
hold harmless Google, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or accruing from
(a) your use of the SDK, (b) any application you develop on the SDK that
infringes any copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, and (c) any non-compliance by you with
this License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new
versions of the SDK. When these changes are made, Google will make a new version
of the License Agreement available on the website where the SDK is made
available.
14. General Legal Terms
14.1 This License Agreement constitutes the whole legal agreement between you
and Google and governs your use of the SDK (excluding any services which Google
may provide to you under a separate written agreement), and completely replaces
any prior agreements between you and Google in relation to the SDK.
14.2 You agree that if Google does not exercise or enforce any legal right or
remedy which is contained in this License Agreement (or which Google has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Google's rights and that those rights or remedies will still be
available to Google.
14.3 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of this License Agreement is invalid, then that
provision will be removed from this License Agreement without affecting the rest
of this License Agreement. The remaining provisions of this License Agreement
will continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of
which Google is the parent shall be third party beneficiaries to this License
Agreement and that such other companies shall be entitled to directly enforce,
and rely upon, any provision of this License Agreement that confers a benefit on
(or rights in favor of) them. Other than this, no other person or company shall
be third party beneficiaries to this License Agreement.
14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND
REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND
REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON
DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in this License Agreement may not be assigned or
transferred by either you or Google without the prior written approval of the
other party. Neither you nor Google shall be permitted to delegate their
responsibilities or obligations under this License Agreement without the prior
written approval of the other party.
14.7 This License Agreement, and your relationship with Google under this
License Agreement, shall be governed by the laws of the State of California
without regard to its conflict of laws provisions. You and Google agree to
submit to the exclusive jurisdiction of the courts located within the county of
Santa Clara, California to resolve any legal matter arising from this License
Agreement. Notwithstanding this, you agree that Google shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in
any jurisdiction.
/November 13, 2012/
Terms and Conditions
This is the Android Software Development Kit License Agreement
1. Introduction
1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is licensed to you subject to the terms of the License Agreement. The License Agreement forms a legally binding contract between you and Google in relation to your use of the SDK.
1.2 "Android" means the Android software stack for devices, as made available under the Android Open Source Project, which is located at the following URL: https://source.android.com/, as updated from time to time.
1.3 A "compatible implementation" means any Android device that (i) complies with the Android Compatibility Definition document, which can be found at the Android compatibility website (https://source.android.com/compatibility) and which may be updated from time to time; and (ii) successfully passes the Android Compatibility Test Suite (CTS).
1.4 "Google" means Google LLC, organized under the laws of the State of Delaware, USA, and operating under the laws of the USA with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
2. Accepting this License Agreement
2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the SDK if you do not accept the License Agreement.
2.2 By clicking to accept and/or using this SDK, you hereby agree to the terms of the License Agreement.
2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred from receiving the SDK under the laws of the United States or other countries, including the country in which you are resident or from which you use the SDK.
2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use the SDK on behalf of your employer or other entity.
3. SDK License from Google
3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely to develop applications for compatible implementations of Android.
3.2 You may not use this SDK to develop applications for other platforms (including non-compatible implementations of Android) or to develop another SDK. You are of course free to develop applications for other platforms, including non-compatible implementations of Android, provided that this SDK is not used for that purpose.
3.3 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Google reserves all rights not expressly granted to you.
3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement. Except to the extent required by applicable third party licenses, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part of the SDK.
3.5 Use, reproduction and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not the License Agreement.
3.6 You agree that the form and nature of the SDK that Google provides may change without prior notice to you and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice to you.
3.7 Nothing in the License Agreement gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK.
4. Use of the SDK by You
4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under the License Agreement in or to any software applications that you develop using the SDK, including any intellectual property rights that subsist in those applications.
4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) the License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with Google Account information, your application may only use that information to access the user's Google Account when, and for the limited purposes for which, the user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Google or any mobile communications carrier.
4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through Android and/or applications for Android, and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Google or any third party may suffer) of any such breach.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Google or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the SDK are being used and how they are being used. Before any of this information is collected, the SDK will notify you and seek your consent. If you withhold consent, the information will not be collected.
6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with Google's Privacy Policy, which is located at the following URL: https://policies.google.com/privacy
6.3 Anonymized and aggregated sets of the data may be shared with Google partners to improve the SDK.
7. Third Party Applications
7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Google is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Google is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.
7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, the License Agreement does not affect your legal relationship with these third parties.
8. Using Android APIs
8.1 Google Data APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected by intellectual property rights which are owned by Google or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so. If you use the Android Recognition Service API, documented at the following URL: https://developer.android.com/reference/android/speech/RecognitionService, as updated from time to time, you acknowledge that the use of the API is subject to the Data Processing Addendum for Products where Google is a Data Processor, which is located at the following URL: https://privacy.google.com/businesses/gdprprocessorterms/, as updated from time to time. By clicking to accept, you hereby agree to the terms of the Data Processing Addendum for Products where Google is a Data Processor.
9. Terminating this License Agreement
9.1 The License Agreement will continue to apply until terminated by either you or Google as set out below.
9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK and any relevant developer credentials.
9.3 Google may at any time, terminate the License Agreement with you if:
(A) you have breached any provision of the License Agreement; or
(B) Google is required to do so by law; or
(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or
(D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the country in which you are resident or from which you use the service, or the provision of the SDK or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially viable.
9.4 When the License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with the License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When these changes are made, Google will make a new version of the License Agreement available on the website where the SDK is made available.
14. General Legal Terms
14.1 The License Agreement constitutes the whole legal agreement between you and Google and governs your use of the SDK (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the SDK.
14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google.
14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the License Agreement will continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the License Agreement.
14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in the License Agreement may not be assigned or transferred by either you or Google without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate their responsibilities or obligations under the License Agreement without the prior written approval of the other party.
14.7 The License Agreement, and your relationship with Google under the License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the License Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
July 27, 2021
This is the Android Software Development Kit License Agreement
1. Introduction
1.1 The Android Software Development Kit (referred to in the License Agreement
as the "SDK" and specifically including the Android system files, packaged APIs,
and Google APIs add-ons) is licensed to you subject to the terms of the License
Agreement. The License Agreement forms a legally binding contract between you
and Google in relation to your use of the SDK.
1.2 "Android" means the Android software stack for devices, as made available
under the Android Open Source Project, which is located at the following URL:
http://source.android.com/, as updated from time to time.
1.3 A "compatible implementation" means any Android device that (i) complies
with the Android Compatibility Definition document, which can be found at the
Android compatibility website (http://source.android.com/compatibility) and
which may be updated from time to time; and (ii) successfully passes the Android
Compatibility Test Suite (CTS).
1.4 "Google" means Google Inc., a Delaware corporation with principal place of
business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
2. Accepting this License Agreement
2.1 In order to use the SDK, you must first agree to the License Agreement. You
may not use the SDK if you do not accept the License Agreement.
2.2 By clicking to accept, you hereby agree to the terms of the License
Agreement.
2.3 You may not use the SDK and may not accept the License Agreement if you are
a person barred from receiving the SDK under the laws of the United States or
other countries, including the country in which you are resident or from which
you use the SDK.
2.4 If you are agreeing to be bound by the License Agreement on behalf of your
employer or other entity, you represent and warrant that you have full legal
authority to bind your employer or such entity to the License Agreement. If you
do not have the requisite authority, you may not accept the License Agreement or
use the SDK on behalf of your employer or other entity.
3. SDK License from Google
3.1 Subject to the terms of the License Agreement, Google grants you a limited,
worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable
license to use the SDK solely to develop applications for compatible
implementations of Android.
3.2 You may not use this SDK to develop applications for other platforms
(including non-compatible implementations of Android) or to develop another SDK.
You are of course free to develop applications for other platforms, including
non-compatible implementations of Android, provided that this SDK is not used
for that purpose.
3.3 You agree that Google or third parties own all legal right, title and
interest in and to the SDK, including any Intellectual Property Rights that
subsist in the SDK. "Intellectual Property Rights" means any and all rights
under patent law, copyright law, trade secret law, trademark law, and any and
all other proprietary rights. Google reserves all rights not expressly granted
to you.
3.4 You may not use the SDK for any purpose not expressly permitted by the
License Agreement. Except to the extent required by applicable third party
licenses, you may not: (a) copy (except for backup purposes), modify, adapt,
redistribute, decompile, reverse engineer, disassemble, or create derivative
works of the SDK or any part of the SDK; or (b) load any part of the SDK onto a
mobile handset or any other hardware device except a personal computer, combine
any part of the SDK with other software, or distribute any software or device
incorporating a part of the SDK.
3.5 Use, reproduction and distribution of components of the SDK licensed under
an open source software license are governed solely by the terms of that open
source software license and not the License Agreement.
3.6 You agree that the form and nature of the SDK that Google provides may
change without prior notice to you and that future versions of the SDK may be
incompatible with applications developed on previous versions of the SDK. You
agree that Google may stop (permanently or temporarily) providing the SDK (or
any features within the SDK) to you or to users generally at Google's sole
discretion, without prior notice to you.
3.7 Nothing in the License Agreement gives you a right to use any of Google's
trade names, trademarks, service marks, logos, domain names, or other
distinctive brand features.
3.8 You agree that you will not remove, obscure, or alter any proprietary rights
notices (including copyright and trademark notices) that may be affixed to or
contained within the SDK.
4. Use of the SDK by You
4.1 Google agrees that it obtains no right, title or interest from you (or your
licensors) under the License Agreement in or to any software applications that
you develop using the SDK, including any intellectual property rights that
subsist in those applications.
4.2 You agree to use the SDK and write applications only for purposes that are
permitted by (a) the License Agreement and (b) any applicable law, regulation or
generally accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and from the
United States or other relevant countries).
4.3 You agree that if you use the SDK to develop applications for general public
users, you will protect the privacy and legal rights of those users. If the
users provide you with user names, passwords, or other login information or
personal information, you must make the users aware that the information will be
available to your application, and you must provide legally adequate privacy
notice and protection for those users. If your application stores personal or
sensitive information provided by users, it must do so securely. If the user
provides your application with Google Account information, your application may
only use that information to access the user's Google Account when, and for the
limited purposes for which, the user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the SDK, including
the development or distribution of an application, that interferes with,
disrupts, damages, or accesses in an unauthorized manner the servers, networks,
or other properties or services of any third party including, but not limited
to, Google or any mobile communications carrier.
4.5 You agree that you are solely responsible for (and that Google has no
responsibility to you or to any third party for) any data, content, or resources
that you create, transmit or display through Android and/or applications for
Android, and for the consequences of your actions (including any loss or damage
which Google may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Google has no
responsibility to you or to any third party for) any breach of your obligations
under the License Agreement, any applicable third party contract or Terms of
Service, or any applicable law or regulation, and for the consequences
(including any loss or damage which Google or any third party may suffer) of any
such breach.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of
any developer credentials that may be issued to you by Google or which you may
choose yourself and that you will be solely responsible for all applications
that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the SDK, Google may collect
certain usage statistics from the software including but not limited to a unique
identifier, associated IP address, version number of the software, and
information on which tools and/or services in the SDK are being used and how
they are being used. Before any of this information is collected, the SDK will
notify you and seek your consent. If you withhold consent, the information will
not be collected.
6.2 The data collected is examined in the aggregate to improve the SDK and is
maintained in accordance with Google's Privacy Policy.
7. Third Party Applications
7.1 If you use the SDK to run applications developed by a third party or that
access data, content or resources provided by a third party, you agree that
Google is not responsible for those applications, data, content, or resources.
You understand that all data, content or resources which you may access through
such third party applications are the sole responsibility of the person from
which they originated and that Google is not liable for any loss or damage that
you may experience as a result of the use or access of any of those third party
applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to you
through such a third party application may be protected by intellectual property
rights which are owned by the providers (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on these data, content, or resources (either in whole or
in part) unless you have been specifically given permission to do so by the
relevant owners.
7.3 You acknowledge that your use of such third party applications, data,
content, or resources may be subject to separate terms between you and the
relevant third party. In that case, the License Agreement does not affect your
legal relationship with these third parties.
8. Using Android APIs
8.1 Google Data APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge that the
data may be protected by intellectual property rights which are owned by Google
or those parties that provide the data (or by other persons or companies on
their behalf). Your use of any such API may be subject to additional Terms of
Service. You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on this data (either in whole or in part) unless allowed
by the relevant Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge
and agree that you shall retrieve data only with the user's explicit consent and
only when, and for the limited purposes for which, the user has given you
permission to do so.
9. Terminating this License Agreement
9.1 The License Agreement will continue to apply until terminated by either you
or Google as set out below.
9.2 If you want to terminate the License Agreement, you may do so by ceasing
your use of the SDK and any relevant developer credentials.
9.3 Google may at any time, terminate the License Agreement with you if:
(A) you have breached any provision of the License Agreement; or
(B) Google is required to do so by law; or
(C) the partner with whom Google offered certain parts of SDK (such as APIs) to
you has terminated its relationship with Google or ceased to offer certain parts
of the SDK to you; or
(D) Google decides to no longer provide the SDK or certain parts of the SDK to
users in the country in which you are resident or from which you use the
service, or the provision of the SDK or certain SDK services to you by Google
is, in Google's sole discretion, no longer commercially viable.
9.4 When the License Agreement comes to an end, all of the legal rights,
obligations and liabilities that you and Google have benefited from, been
subject to (or which have accrued over time whilst the License Agreement has
been in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of paragraph 14.7 shall
continue to apply to such rights, obligations and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE
RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF
ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH USE.
10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA,
WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and
hold harmless Google, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or accruing from
(a) your use of the SDK, (b) any application you develop on the SDK that
infringes any copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, and (c) any non-compliance by you with the
License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new
versions of the SDK. When these changes are made, Google will make a new version
of the License Agreement available on the website where the SDK is made
available.
14. General Legal Terms
14.1 The License Agreement constitutes the whole legal agreement between you and
Google and governs your use of the SDK (excluding any services which Google may
provide to you under a separate written agreement), and completely replaces any
prior agreements between you and Google in relation to the SDK.
14.2 You agree that if Google does not exercise or enforce any legal right or
remedy which is contained in the License Agreement (or which Google has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Google's rights and that those rights or remedies will still be
available to Google.
14.3 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of the License Agreement is invalid, then that
provision will be removed from the License Agreement without affecting the rest
of the License Agreement. The remaining provisions of the License Agreement will
continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of
which Google is the parent shall be third party beneficiaries to the License
Agreement and that such other companies shall be entitled to directly enforce,
and rely upon, any provision of the License Agreement that confers a benefit on
(or rights in favor of) them. Other than this, no other person or company shall
be third party beneficiaries to the License Agreement.
14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND
REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND
REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON
DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in the License Agreement may not be assigned or
transferred by either you or Google without the prior written approval of the
other party. Neither you nor Google shall be permitted to delegate their
responsibilities or obligations under the License Agreement without the prior
written approval of the other party.
14.7 The License Agreement, and your relationship with Google under the License
Agreement, shall be governed by the laws of the State of California without
regard to its conflict of laws provisions. You and Google agree to submit to the
exclusive jurisdiction of the courts located within the county of Santa Clara,
California to resolve any legal matter arising from the License Agreement.
Notwithstanding this, you agree that Google shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any
jurisdiction.
November 20, 2015
This is the Android SDK Preview License Agreement (the "License Agreement").
1. Introduction
1.1 The Android SDK Preview (referred to in the License Agreement as the
"Preview" and specifically including the Android system files, packaged APIs,
and Preview library files, if and when they are made available) is licensed to
you subject to the terms of the License Agreement. The License Agreement forms a
legally binding contract between you and Google in relation to your use of the
Preview.
1.2 "Android" means the Android software stack for devices, as made available
under the Android Open Source Project, which is located at the following URL:
http://source.android.com/, as updated from time to time.
1.3 "Google" means Google Inc., a Delaware corporation with principal place of
business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
2. Accepting the License Agreement
2.1 In order to use the Preview, you must first agree to the License Agreement.
You may not use the Preview if you do not accept the License Agreement.
2.2 By clicking to accept and/or using the Preview, you hereby agree to the
terms of the License Agreement.
2.3 You may not use the Preview and may not accept the License Agreement if you
are a person barred from receiving the Preview under the laws of the United
States or other countries including the country in which you are resident or
from which you use the Preview.
2.4 If you will use the Preview internally within your company or organization
you agree to be bound by the License Agreement on behalf of your employer or
other entity, and you represent and warrant that you have full legal authority
to bind your employer or such entity to the License Agreement. If you do not
have the requisite authority, you may not accept the License Agreement or use
the Preview on behalf of your employer or other entity.
3. Preview License from Google
3.1 Subject to the terms of the License Agreement, Google grants you a royalty-
free, non-assignable, non-exclusive, non-sublicensable, limited, revocable
license to use the Preview, personally or internally within your company or
organization, solely to develop applications to run on the Android platform.
3.2 You agree that Google or third parties owns all legal right, title and
interest in and to the Preview, including any Intellectual Property Rights that
subsist in the Preview. "Intellectual Property Rights" means any and all rights
under patent law, copyright law, trade secret law, trademark law, and any and
all other proprietary rights. Google reserves all rights not expressly granted
to you.
3.3 You may not use the Preview for any purpose not expressly permitted by the
License Agreement. Except to the extent required by applicable third party
licenses, you may not: (a) copy (except for backup purposes), modify, adapt,
redistribute, decompile, reverse engineer, disassemble, or create derivative
works of the Preview or any part of the Preview; or (b) load any part of the
Preview onto a mobile handset or any other hardware device except a personal
computer, combine any part of the Preview with other software, or distribute any
software or device incorporating a part of the Preview.
3.4 You agree that you will not take any actions that may cause or result in the
fragmentation of Android, including but not limited to distributing,
participating in the creation of, or promoting in any way a software development
kit derived from the Preview.
3.5 Use, reproduction and distribution of components of the Preview licensed
under an open source software license are governed solely by the terms of that
open source software license and not the License Agreement. You agree to remain
a licensee in good standing in regard to such open source software licenses
under all the rights granted and to refrain from any actions that may terminate,
suspend, or breach such rights.
3.6 You agree that the form and nature of the Preview that Google provides may
change without prior notice to you and that future versions of the Preview may
be incompatible with applications developed on previous versions of the Preview.
You agree that Google may stop (permanently or temporarily) providing the
Preview (or any features within the Preview) to you or to users generally at
Google's sole discretion, without prior notice to you.
3.7 Nothing in the License Agreement gives you a right to use any of Google's
trade names, trademarks, service marks, logos, domain names, or other
distinctive brand features.
3.8 You agree that you will not remove, obscure, or alter any proprietary rights
notices (including copyright and trademark notices) that may be affixed to or
contained within the Preview.
4. Use of the Preview by You
4.1 Google agrees that nothing in the License Agreement gives Google any right,
title or interest from you (or your licensors) under the License Agreement in or
to any software applications that you develop using the Preview, including any
intellectual property rights that subsist in those applications.
4.2 You agree to use the Preview and write applications only for purposes that
are permitted by (a) the License Agreement, and (b) any applicable law,
regulation or generally accepted practices or guidelines in the relevant
jurisdictions (including any laws regarding the export of data or software to
and from the United States or other relevant countries).
4.3 You agree that if you use the Preview to develop applications, you will
protect the privacy and legal rights of users. If users provide you with user
names, passwords, or other login information or personal information, you must
make the users aware that the information will be available to your application,
and you must provide legally adequate privacy notice and protection for those
users. If your application stores personal or sensitive information provided by
users, it must do so securely. If users provide you with Google Account
information, your application may only use that information to access the user's
Google Account when, and for the limited purposes for which, each user has given
you permission to do so.
4.4 You agree that you will not engage in any activity with the Preview,
including the development or distribution of an application, that interferes
with, disrupts, damages, or accesses in an unauthorized manner the servers,
networks, or other properties or services of Google or any third party.
4.5 You agree that you are solely responsible for (and that Google has no
responsibility to you or to any third party for) any data, content, or resources
that you create, transmit or display through Android and/or applications for
Android, and for the consequences of your actions (including any loss or damage
which Google may suffer) by doing so.
4.6 You agree that you are solely responsible for (and that Google has no
responsibility to you or to any third party for) any breach of your obligations
under the License Agreement, any applicable third party contract or Terms of
Service, or any applicable law or regulation, and for the consequences
(including any loss or damage which Google or any third party may suffer) of any
such breach.
4.7 The Preview is in development, and your testing and feedback are an
important part of the development process. By using the Preview, you acknowledge
that implementation of some features are still under development and that you
should not rely on the Preview having the full functionality of a stable
release. You agree not to publicly distribute or ship any application using this
Preview as this Preview will no longer be supported after the official Android
SDK is released.
5. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the confidentiality of
any developer credentials that may be issued to you by Google or which you may
choose yourself and that you will be solely responsible for all applications
that are developed under your developer credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the Preview, Google may collect
certain usage statistics from the software including but not limited to a unique
identifier, associated IP address, version number of the software, and
information on which tools and/or services in the Preview are being used and how
they are being used. Before any of this information is collected, the Preview
will notify you and seek your consent. If you withhold consent, the information
will not be collected.
6.2 The data collected is examined in the aggregate to improve the Preview and
is maintained in accordance with Google's Privacy Policy located at
http://www.google.com/policies/privacy/.
7. Third Party Applications
7.1 If you use the Preview to run applications developed by a third party or
that access data, content or resources provided by a third party, you agree that
Google is not responsible for those applications, data, content, or resources.
You understand that all data, content or resources which you may access through
such third party applications are the sole responsibility of the person from
which they originated and that Google is not liable for any loss or damage that
you may experience as a result of the use or access of any of those third party
applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to you
through such a third party application may be protected by intellectual property
rights which are owned by the providers (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on these data, content, or resources (either in whole or
in part) unless you have been specifically given permission to do so by the
relevant owners.
7.3 You acknowledge that your use of such third party applications, data,
content, or resources may be subject to separate terms between you and the
relevant third party.
8. Using Google APIs
8.1 Google APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge that the
data may be protected by intellectual property rights which are owned by Google
or those parties that provide the data (or by other persons or companies on
their behalf). Your use of any such API may be subject to additional Terms of
Service. You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on this data (either in whole or in part) unless allowed
by the relevant Terms of Service.
8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge
and agree that you shall retrieve data only with the user's explicit consent and
only when, and for the limited purposes for which, the user has given you
permission to do so.
9. Terminating the License Agreement
9.1 the License Agreement will continue to apply until terminated by either you
or Google as set out below.
9.2 If you want to terminate the License Agreement, you may do so by ceasing
your use of the Preview and any relevant developer credentials.
9.3 Google may at any time, terminate the License Agreement, with or without
cause, upon notice to you.
9.4 The License Agreement will automatically terminate without notice or other
action upon the earlier of: (A) when Google ceases to provide the Preview or
certain parts of the Preview to users in the country in which you are resident
or from which you use the service; and (B) Google issues a final release version
of the Android SDK.
9.5 When the License Agreement is terminated, the license granted to you in the
License Agreement will terminate, you will immediately cease all use of the
Preview, and the provisions of paragraphs 10, 11, 12 and 14 shall survive
indefinitely.
10. DISCLAIMERS
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PREVIEW IS AT YOUR
SOLE RISK AND THAT THE PREVIEW IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE PREVIEW AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PREVIEW IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR
LOSS OF DATA THAT RESULTS FROM SUCH USE. WITHOUT LIMITING THE FOREGOING, YOU
UNDERSTAND THAT THE PREVIEW IS NOT A STABLE RELEASE AND MAY CONTAIN ERRORS,
DEFECTS AND SECURITY VULNERABILITIES THAT CAN RESULT IN SIGNIFICANT DAMAGE,
INCLUDING THE COMPLETE, IRRECOVERABLE LOSS OF USE OF YOUR COMPUTER SYSTEM OR
OTHER DEVICE.
10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA,
WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Indemnification
12.1 To the maximum extent permitted by law, you agree to defend, indemnify and
hold harmless Google, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys’ fees) arising out of or accruing from
(a) your use of the Preview, (b) any application you develop on the Preview that
infringes any Intellectual Property Rights of any person or defames any person
or violates their rights of publicity or privacy, and (c) any non-compliance by
you of the License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new
versions of the Preview. When these changes are made, Google will make a new
version of the License Agreement available on the website where the Preview is
made available.
14. General Legal Terms
14.1 the License Agreement constitutes the whole legal agreement between you and
Google and governs your use of the Preview (excluding any services which Google
may provide to you under a separate written agreement), and completely replaces
any prior agreements between you and Google in relation to the Preview.
14.2 You agree that if Google does not exercise or enforce any legal right or
remedy which is contained in the License Agreement (or which Google has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Google's rights and that those rights or remedies will still be
available to Google.
14.3 If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of the License Agreement is invalid, then that
provision will be removed from the License Agreement without affecting the rest
of the License Agreement. The remaining provisions of the License Agreement will
continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of companies of
which Google is the parent shall be third party beneficiaries to the License
Agreement and that such other companies shall be entitled to directly enforce,
and rely upon, any provision of the License Agreement that confers a benefit on
(or rights in favor of) them. Other than this, no other person or company shall
be third party beneficiaries to the License Agreement.
14.5 EXPORT RESTRICTIONS. THE PREVIEW IS SUBJECT TO UNITED STATES EXPORT LAWS
AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS
AND REGULATIONS THAT APPLY TO THE PREVIEW. THESE LAWS INCLUDE RESTRICTIONS ON
DESTINATIONS, END USERS AND END USE.
14.6 The License Agreement may not be assigned or transferred by you without the
prior written approval of Google, and any attempted assignment without such
approval will be void. You shall not delegate your responsibilities or
obligations under the License Agreement without the prior written approval of
Google.
14.7 The License Agreement, and your relationship with Google under the License
Agreement, shall be governed by the laws of the State of California without
regard to its conflict of laws provisions. You and Google agree to submit to the
exclusive jurisdiction of the courts located within the county of Santa Clara,
California to resolve any legal matter arising from the License Agreement.
Notwithstanding this, you agree that Google shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any
jurisdiction.
Anepokis License v. 1.0
This Anepokis License (the "License") applies to any original work of
authorship (the "Original Work") whose owner (the "Licensor") has placed
the following licensing notice adjacent to the copyright notice for the
Original Work:
Licensed under the Anepokis License version 1.0
or has expressed by any other means his willingness to license the
Original Work under this License.
1. Grant of Copyright License.
Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable
license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a
collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original
Work, thereby creating derivative works ("Derivative Works") based upon
the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative
Works to the public, with the proviso that copies of Original Work or
Derivative Works that You distribute or communicate shall be licensed
under this Anepokis License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2. Grant of Patent License.
Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable
license, under patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor, for the duration
of the patents, to make, use, sell, offer for sale, have made, and import the
Original Work and Derivative Works.
3. Grant of Source Code License.
The term "Source Code" means the preferred form of the Original Work for making
modifications to it and all available documentation describing how to modify
the Original Work. Licensor agrees to provide a machine-readable copy of the
Source Code of the Original Work along with each copy of the Original Work that
Licensor distributes. Licensor reserves the right to satisfy this obligation by
placing a machine-readable copy of the Source Code in an information repository
reasonably calculated to permit inexpensive and convenient access by You for as
long as Licensor continues to distribute the Original Work.
4. Exclusions From License Grant.
Neither the names of Licensor, nor the names of any contributors to the
Original Work, nor any of their trademarks or service marks, may be used to
endorse or promote products derived from this Original Work without express
prior permission of the Licensor. Except as expressly stated herein, nothing in
this License grants any license to Licensor's trademarks, copyrights, patents,
trade secrets or any other intellectual property. No patent license is granted
to make, use, sell, offer for sale, have made, or import embodiments of any
patent claims other than the licensed claims defined in Section 2. No license
is granted to the trademarks of Licensor even if such marks are included in the
Original Work. Nothing in this License shall be interpreted to prohibit Licensor
from licensing under terms different from this License any Original Work that
Licensor otherwise would have a right to license.
5. External Deployment.
The term "External Deployment" means the use, distribution, or communication of
the Original Work or Derivative Works in any way such that the Original Work or
Derivative Works may be used by anyone other than You, whether those works are
distributed or communicated to those persons or made available as an application
intended for use over a network. As an express condition for the grants of
license hereunder, You must treat any External Deployment by You of the Original
Work or a Derivative Work as a distribution under Section 1(c).
6. Attribution Rights.
You must retain, in the Source Code of any Derivative Works that You create,
all copyright, patent, or trademark notices from the Source Code of the
Original Work, as well as any notices of licensing and any descriptive text
identified therein as an "Attribution Notice." You must cause the Source Code
for any Derivative Works that You create to carry a prominent Attribution
Notice reasonably calculated to inform recipients that You have modified the
Original Work.
7. Warranty of Provenance and Disclaimer of Warranty.
Licensor warrants that the copyright in and to the Original Work and the
patent rights granted herein by Licensor are owned by the Licensor or are
sublicensed to You under the terms of this License with the permission of
the contributor(s) of those copyrights and patent rights. Except as expressly
stated in the immediately preceding sentence, the Original Work is provided
under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or
implied, including, without limitation, the warranties of non-infringement,
merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE
QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY
constitutes an essential part of this License. No license to the Original Work
is granted by this License except under this disclaimer.
8. Limitation of Liability.
Under no circumstances and under no legal theory, whether in tort (including
negligence), contract, or otherwise, shall the Licensor be liable to anyone for
any indirect, special, incidental, or consequential damages of any character
arising as a result of this License or the use of the Original Work including,
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16. Modification of This License.
This License is Copyright 2005 Lawrence Rosen, Copyright 2020 Salif Mehmed.
Permission is granted to copy, distribute, or communicate this License without
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**ACKI NACKI GOSSIP IGNITER LICENSE (ANGI License)**
Version 1.0
---
1. **Preamble**
This License governs the use, reproduction, distribution, and modification of the Acki Nacki Gossip Igniter (“Igniter”) software. The Igniter, also referred to as a Decentralized Network Starter Protocol (DNSP), is designed to collect node and license information, test and update node software, and initiate zero-state (the first block) generation once all DNSP requirements are met.
2. **Open Source Grant**
Subject to the terms of this License, GOSH (“the Licensor”) hereby grants you (“the Licensee”) a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable permission to:
1. Use, copy, modify, merge, publish, distribute, and/or sublicense copies of the Igniter;
2. Allow third parties to whom the Igniter is furnished to do the same.
3. **Automatic Updates and Resource Usage**
1. **Monitoring and Updating**: Once installed *unmodified*, the Igniter will monitor the Acki Nacki Docker Hub repository for newly available binaries of the Acki Nacki Node software and updated versions of the Igniter. When new binaries or updates are available, Igniter will automatically download, install, and run them without seeking further permission.
2. **Consent to Updates**: By installing the Igniter software *unmodified*, you explicitly consent to all future updates and agree to run the updated software on your system.
3. **Resource Usage**: You acknowledge and agree that the Igniter may use the computing and network resources of your machine to operate as intended, including but not limited to participating in decentralized network activities and zero-state generation.
4. **Conditions for Modified Versions**
1. If you modify the Igniter, you must clearly mark and document your changes, including a prominent notice that your version is different from the official Acki Nacki Gossip Igniter.
2. You must not misrepresent your modified version as an unmodified original Igniter.
3. Modifications that disable or alter the automatic update functionality described in Section 3 must be clearly documented, and any obligations regarding disclaimers and liability limitations outlined in this License must remain intact.
5. **Disclaimer of Warranty**
**TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE IGNITER IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.**
The entire risk as to the quality and performance of the Igniter is with you. Should the Igniter prove defective, you assume the cost of all necessary servicing, repair, or correction.
6. **Limitation of Liability**
1. **No Liability**: **UNDER NO CIRCUMSTANCES SHALL GOSH (THE LICENSOR), OR ANY CONTRIBUTORS, BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY—WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE—ARISING FROM, OUT OF, OR IN CONNECTION WITH THE IGNITER OR THE USE OR OTHER DEALINGS IN THE IGNITER.**
2. **Hold Harmless**: By installing or using the Igniter, you agree to hold GOSH harmless from and against any and all claims arising out of or related to the Igniter, including any updates or resource usage.
3. **Acknowledgment**: You acknowledge that this software automatically updates without further notice, and you accept any risks associated with such updates. If you disagree with these terms, **do not install or use the Igniter**.
7. **Termination**
1. This License and the rights granted hereunder will terminate automatically if you breach any term or condition of this License.
2. Upon termination, you must cease all use, reproduction, and distribution of the Igniter.
3. Termination of this License will not affect the right of others who have received copies of the Igniter from you under this License, provided such parties remain in full compliance.
8. **Integration with Other Licenses**
This License does not supersede or modify the terms of any separate license for any open-source components or libraries distributed with or incorporated into the Igniter. Where such licenses apply, you must comply with their respective terms in addition to the terms of this License.
9. **Acceptance**
Installing, using, or distributing the Igniter in part or in whole, with or without modification, constitutes acceptance of this License. If you do not agree with any of the terms and conditions, you must not install or use the Igniter.
10. **Miscellaneous**
1. **Severability**: If any provision of this License is found to be unenforceable, the remaining provisions will remain in effect.
2. **No Partnership**: Nothing in this License is intended to, or shall be deemed to, establish any partnership or joint venture between you and the Licensor.
3. **Governing Law**: This License shall be governed by and construed in accordance with the laws applicable in the relevant jurisdiction, without regard to its conflict of law principles.
---
**END OF ACKI NACKI GOSSIP IGNITER LICENSE**
By installing or using the Acki Nacki Gossip Igniter, you acknowledge that you have read and understand this License and agree to be bound by its terms. If you do not agree to all of the terms, you should not install or use the Igniter.
ANTI-CAPITALIST SOFTWARE LICENSE (v 1.4)
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THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
---- LLVM Exceptions to the Apache 2.0 License ----
As an exception, if, as a result of your compiling your source code, portions
of this Software are embedded into an Object form of such source code, you
may redistribute such embedded portions in such Object form without complying
with the conditions of Sections 4(a), 4(b) and 4(d) of the License.
In addition, if you combine or link compiled forms of this Software with
software that is licensed under the GPLv2 ("Combined Software") and if a
court of competent jurisdiction determines that the patent provision (Section
3),the indemnity provision (Section 9) or other Section of the License
conflicts with the conditions of the GPLv2, you may retroactively and
prospectively choose to deem waived or otherwise exclude such Section(s) of
the License, but only in their entirety and only with respect to the Combined
Software.
(Optional) Exceptions to the Apache 2.0 License:
================================================
In addition, if you combine or link compiled forms of this Software with
software that is licensed under the GPLv2 or LGPLv2 (“Combined Software”) and if
a court of competent jurisdiction determines that the patent provision (Section
3), the indemnity provision (Section 9) or other Section of the License
conflicts with the conditions of the GPLv2 or LGPLv2, you may retroactively and
prospectively choose to deem waived or otherwise exclude such Section(s) of the
License, but only in their entirety and only with respect to the Combined
Software.
(Optional) Exceptions to the Apache 2.0 License:
================================================
In addition, if you combine or link compiled forms of this Software with
software that is licensed under the GPLv2 or LGPLv2 (“Combined Software”) and if
a court of competent jurisdiction determines that the patent provision (Section
3), the indemnity provision (Section 9) or other Section of the License
conflicts with the conditions of the GPLv2 or LGPLv2, you may retroactively and
prospectively choose to deem waived or otherwise exclude such Section(s) of the
License, but only in their entirety and only with respect to the Combined
Software.
This file and the 14 PostScript(R) AFM files it accompanies may be used, copied,
and distributed for any purpose and without charge, with or without
modification, provided that all copyright notices are retained; that the AFM
files are not distributed without this file; that all modifications to this file
or any of the AFM files are prominently noted in the modified file(s); and that
this paragraph is not modified. Adobe Systems has no responsibility or
obligation to support the use of the AFM files.
ACADEMIC PUBLIC LICENSE
version 1.1
Copyright (C) 2003, 2010, 2015 Andras Varga
Preamble
This license contains the terms and conditions of using OMNeT++ in
noncommercial settings: at academic institutions for teaching and research
use and for personal or educational purposes. You will find that this
license provides noncommercial users of OMNeT++ with rights that are
similar to the well-known GNU General Public License, yet it retains the
possibility for OMNeT++ authors to financially support the development by
selling commercial licenses. In fact, if you intend to use OMNeT++ in a
"for-profit" environment, where research is conducted to develop or enhance
a product, is used in a commercial service offering, or when an entity uses
OMNeT++ to participate in government-funded, EU-funded, military or similar
research projects, then you need to obtain a commercial license (OMNEST).
In that case, or if you are unsure, please visit www.omnest.com to inquire about
commercial licenses.
What are the rights given to noncommercial users? Similarly to GPL, you
have the right to use the software, to distribute copies, to receive source
code, to change the software and distribute your modifications or the
modified software. Also similarly to the GPL, if you distribute verbatim or
modified copies of this software, they must be distributed under this
license.
By modeling the GPL, this license guarantees that you're safe when using
OMNeT++ in your work, for teaching or research. This license guarantees
that OMNeT++ will remain available free of charge for nonprofit use. You
can modify OMNeT++ to your purposes, and you can also share your modifications.
Even in the unlikely case of the authors abandoning OMNeT++ entirely, this
license permits anyone to continue developing it from the last release, and
to create further releases under this license.
We believe that the combination of noncommercial open-source and commercial
licensing will be beneficial for the whole user community, because income from
commercial licenses will enable faster development and a higher level of
software quality, while further enjoying the informal, open communication
and collaboration channels of open source development.
The precise terms and conditions for using, copying, distribution and
modification follow.
ACADEMIC PUBLIC LICENSE
TERMS AND CONDITIONS FOR USE, COPYING, DISTRIBUTION AND MODIFICATION
0. Definitions
"Program" means a copy of OMNeT++, which is said to be distributed under
this Academic Public License.
"Work based on the Program" means either the Program or any derivative work
under copyright law: that is to say, a work containing the Program or a
portion of it, either verbatim or with modifications and/or translated into
another language. (Hereinafter, translation is included without limitation
in the term "modification".)
"Using the Program" means any act of creating executables that contain or
directly use libraries that are part of the Program, running any of the
tools that are part of the Program, or creating works based on the Program.
Each licensee is addressed as "you".
1. Permission is hereby granted to use the Program free of charge for
noncommercial purposes, including teaching and academic research at
universities, colleges and other educational institutions and personal
non-profit purposes. For using the Program for commercial purposes,
including but not restricted to consulting activities, design of commercial
hardware or software networking products, and joint research with a
commercial entity, government-funded, EU-funded, military or similar
research projects, you have to contact the author. Or you can also visit www.omnest.com
for an appropriate license. Permission is also granted to use the Program
for a reasonably limited period of time for the purpose of evaluating its
usefulness for a particular purpose.
2. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
3. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 2
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose regulations for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
(If the same, independent sections are distributed as part of a package
that is otherwise reliant on, or is based on the Program, then the
distribution of the whole package, including but not restricted to the
independent section, must be on the unmodified terms of this License,
regadless of who the author of the included sections was.)
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based or reliant on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
storage or distribution medium does not bring the other work under
the scope of this License.
4. You may copy and distribute the Program (or a work based on it,
under Section 3) in object code or executable form under the terms of
Sections 2 and 3 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
2 and 3 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 2 and 3 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you received
the program in object code or executable form with such an offer,
in accord with Subsection b) above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
5. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
6. You are not required to accept this License, since you have not
signed it. Nothing else grants you permission to modify or distribute
the Program or its derivative works; law prohibits these actions
if you do not accept this License. Therefore, by modifying or distributing
the Program (or any work based on the Program), you indicate your
acceptance of this License and all its terms and conditions for copying,
distributing or modifying the Program or works based on it, to do so.
7. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
8. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
9. If the distribution and/or use of the Program are restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
NO WARRANTY
10. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
11. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED ON IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
COPYRIGHT and LICENSE
This program is free and open software. You may use, modify,
distribute, and sell this program (and any modified variants) in any
way you wish, provided you do not restrict others from doing the same.
Appfire EULA
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”). YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between Appfire Technologies, Inc. (hereinafter “Licensor”), a provider of downloadable and cloud-based applications under the Bob Swift Atlassian Add-ons and Wittified Atlassian Add-ons brand names through the Atlassian Marketplace or any other means that interoperate with applicable products manufactured by Atlassian Pty Ltd (“Atlassian”), and you (either an individual or a single legal entity you represent) whose details are provided to Licensor upon purchase (hereinafter “Licensee” or “you”) for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any “online” or electronic documentation.
By clicking on the “I agree” (or similar button) that is presented to you at the time of your order, or by installing, copying, downloading or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install, copy, download or otherwise use the Software. If you are agreeing to this EULA on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to this EULA, and the terms Licensee, "you" and “your" refer to that company or organization. If you do not have that authority, you may not install, copy, download or otherwise use the Software.
This is a “Publisher EULA” as referred to in the Atlassian Marketplace Terms of Use, found at https://www.atlassian.com/licensing/marketplace/termsofuse.
1. Scope of the Agreement
A. This EULA governs (a) Licensor’s commercially available downloadable software products sold, or made available at no charge (“Software”), (b) Licensor’s Software provided in a hosted or cloud-based environment (“Hosted Services”), and (c) any support services provided by Licensor relating to the Software or Hosted Services. Software and Hosted Services, together with related Documentation, are referred to herein as “Products”.
B. This EULA does not cover the sale or resale of Atlassian-manufactured software, Licensor’s other professional services relating to Atlassian-manufactured software, nor any physical hardware products provided by Licensor.
2. Account Registration
You may need to register on the Atlassian Marketplace at https://marketplace.atlassian.com in order to place orders or access or receive any Products. Any registration information that you provide must be accurate, current and complete. You must also update your information so that Licensor may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
3. Orders
Your order through the Atlassian Marketplace or with an authorized Reseller (“Order”) will specify your authorized scope of use for the Products, which may include: (a) the defined number of installations, the number of specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorized Users”), the number of authorized servers, the number of unique data set platforms, and/or other defined resource utilization limitations, (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units (all of the above, as applicable, the “Scope of Use”). The term “Order” also includes any applicable Product or Support Services renewal, or purchases you make to increase or upgrade your Scope of Use. You may increase the number of Authorized Users permitted to access your instance of the Product by placing a new Order or, in some cases, directly through the Product.
4. Grant of License
The Products are licensed, not sold, and no ownership right is conveyed to you, irrespective of the use of terms in this EULA such as “purchase” or “sale”.
A. This EULA grants you the following rights:
Standard Use. For other than No-Charge Products, the Licensor grants you a perpetual (subject to termination for breach), worldwide, non-exclusive, non-transferable, non-sub licensable license to install and use the Software in object code only, limited to the Scope of Use as designated in your Order.
Hosted Services. The Licensor grants you a monthly (paid in advance) subscription for worldwide, non-exclusive, non-transferable, non-sub licensable use of the Hosted Services, subject to automatic renewal for successive monthly terms unless either Licensor or you notifies the other of non-renewal or Licensor ceases to make a particular Hosted Service available. If you cancel, your subscription will terminate at the end of the then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination. You acknowledge that Hosted Services are on-line, subscription-based products, hosted by Licensor and/or Atlassian, and that Licensor and/or Atlassian may make changes to the Hosted Services from time to time.
No-Charge Products. The Licensor may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license for certain Products at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“No-Charge Products”). Your use of No-Charge Products is subject to any additional terms specified by Licensor and is only permitted for the evaluation period designated by Licensor. After the evaluation period is expired you must abide by the Standard Use rights, or must remove and delete all copies of the Software in your possession. You may not use No-Charge Products for competitive analysis or similar purposes. Licensor may terminate your right to use No-Charge Products at any time and for any reason in its sole discretion, without liability to you. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. Licensor makes no promises that any Beta Versions will ever be made generally available. In some circumstances, Licensor may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this paragraph. All information regarding the characteristics, features or performance of Beta Versions constitutes Licensor’s Confidential Information. To the maximum extent permitted by applicable law, Licensor disclaims all obligations or liabilities with respect to No-Charge Products, including any Support Services, warranty, and indemnity obligations.
B. Your license rights under this EULA are non-exclusive, non-transferable and non-sublicensable. You may not sell, transfer or convey the Software to any third party without Licensor’s prior express written consent. Licensor reserves all rights not expressly granted to the Licensee in this EULA.
C. Standard Use licensees are permitted to make one (1) copy of the Software for data protection, archiving and backup purposes only and for no other purpose.
D. You may only install the Software and make the Software available for use on hardware systems owned, leased or controlled by you, or your third party service providers so long as you remain responsible for their compliance with the terms and conditions of this EULA.
E. This EULA applies whether you purchase Products directly from Licensor, through the Atlassian marketplace, through an authorized Reseller or otherwise. If you purchase through a Reseller, your license rights shall be as stated in the Order placed by Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Licensor’s behalf, and Licensor is not bound by any obligations to you other than what is included in this EULA.
5. Third-Party Software
A. You acknowledge the Products may contain software licensed by Licensor from third parties, including open source software, and embedded in the Products, and that in addition to the obligations of this EULA, additional obligations may apply in relation to any use of the third party software by you which is not in accordance with the use of the Products as permitted under the terms of this EULA. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consents in relation to your use of the third party software.
B. The Software uses, requires and depends on various third party APIs. Licensor disclaims any liability for any failure or limitations of these APIs or services. Atlassian, or any other API provider, may remove the API end points required for the Software to function properly. Licensor disclaims any liability for the consequence of such actions by such third parties.
6. Price and Payment
If you have not previously paid the license fee for the Product, then you must pay the license fee within the period indicated in the applicable invoice or as otherwise provided in Licensor’s pricing terms as published on the Atlassian Marketplace. Failure to pay any license fees by the due date will result in the immediate termination of the license(s) granted under this EULA.
7. Support Services
A. Licensor may provide you with online support services related to the Products (“Support Services”), in its discretion and for the sole purpose of addressing technical issues relating to the use of the Products. Support Services also include access to bug fixes, patches, modifications, or enhancements (together, “Releases”) to the Products that Licensor makes generally commercially available during the “Support Period.” When accepted by you, any such Releases will be considered part of the Products and subject to the terms of this EULA.
B. The Initial Support Period for each Product is for twelve (12) months starting at the time each Product is purchased, and may be renewed for additional twelve (12) month periods (each, a “Renewal Support Period”) at the then-current rate for Support Services. Renewal Support Periods commence upon the expiration of the prior Support Period regardless of when the Product is purchased.
C. Use of Support Services, if any, is governed by Licensor’s policies and programs described in any user manual, in online documentation, and/or other Licensor-provided materials. Any supplemental software code provided to you as a part of Support Services will be considered part of the Products and subject to the terms of this EULA.
D. All deliveries of Software will be electronic. For the avoidance of doubt, you are responsible for the installation of any Software.
E. Licensor encourages feedback from its customers. If you have any feedback regarding your purchase or use of the Products, please provide that feedback to Licensor at: https://bobswift.atlassian.net/wiki/questions for Bob Swift Atlassian Add-on brand Product purchases or at https://wittified.atlassian.net/wiki/questions for Wittified Atlassian Add-on brand Product purchases.
8. Data Security & Privacy
A. Licensor values your privacy and is committed to secure private information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Licensor will not sell or otherwise redistribute to third parties the information Licensor collects from you, as described in this Section.
B. Licensor constantly strives to improve its Products. To do so, Licensor needs to measure, analyze, and aggregate how users interact with the Products, such as usage patterns and characteristics of its user base. Licensor collects and uses analytics data regarding your use of the Products.
C. You agree that Licensor may collect and use technical data and related information, including without limitation, technical information relating to your device, system, and Products, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services and communications to you related to the Products, including providing you with information about services, features, surveys, newsletters, offers, promotions; providing other news or information about us and our select partners; and sending you technical notices, updates, security alerts, and support and administrative messages. Licensor may use this technical data and related information, as long as it is in a form that does not personally identify you, except to the extent necessary to provide you with support, or communications to improve its products or to provide services or technology to you. Licensor agrees to handle your data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve your data’s confidentiality and security. Licensee may opt out of promotions by sending an email to unsubscribe@appfire.com. Requests to opt out may take thirty (30) calendar days to process.
D. You retain all right, title and interest in and to any data, content, code, video, images or other materials of any type (“Your Data”) that you upload, submit or otherwise transmit to or through the Hosted Services or through Licensor’s online support systems including the Bob Swift Atlassian Add-ons Defect Tracker available at: https://bobswift.atlassian.net, the Wittified Atlassian Add-ons Defect Tracker available at: https://wittified.atlassian.net, the Bob Swift Atlassian Add-ons Community Forum available at: https://bobswift.atlassian.net/wiki/questions, the Wittified Atlassian Add-ons Community Forum available at: https://wittified.atlassian.net/wiki/questions, and any other related platforms used to collect customer feedback or to provide support. Subject to the terms of this EULA, you grant Licensor a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Hosted Service to you and (b) for Hosted Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Hosted Service.
E. Customer order data, if any, is stored encrypted and in access-controlled servers. Application data, if any, is stored on redundant storage nodes to protect data from hardware failures. Your Data is stored in the United State of America.
F. Licensor agrees (i) to handle Your Data in accordance with all applicable laws; and (ii) not share Your Data with third parties except as required by law. You acknowledge and agree that Licensor may disclose personally identifiable information under special circumstances, such as to comply with law.
G. Licensor has implemented privacy and security measures reasonably adequate to preserve Your Data from loss, misuse, unauthorized access, disclosure, alteration and destruction. Licensor uses a self-assessment approach to ensure compliance with this Privacy policy and verifies periodically that the policy is accurate and comprehensive for the information intended to be covered, prominently displayed, completely implemented, and accessible and in conformity with the Privacy Principles. Licensor encourages interested parties to contact us with any concerns using the contact information provided. Licensor will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of private information in accordance with the Privacy Principles.
9. Termination
You may terminate your license to the Products at any time by destroying all your copies of the Software or ceasing your access to the Hosted Services. Your license to the Products shall automatically terminate if you fail to comply with the terms of this EULA. Upon termination of your license, you are required to remove all Software from your computer systems and destroy any copies of the Software in your possession.
10. Copyright
A. The Products and all copies thereof are protected by copyright and other intellectual property laws and treaties. Licensor or its relevant third parties own the title, copyright, and all other intellectual property rights in the Products and all subsequent copies of the Products.
B. All title and copyrights in and to the Products (including but not limited to any images, icons, text files, pdfs or other static non-code assets contained within the Products), the accompanying printed materials, and any copies of the Products, are owned by Licensor or its suppliers. This EULA does not grant you any rights to use such content. If the Products contain documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Products.
C. Other than as allowed by this EULA, you may not (i) reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide non-Authorized Users with access to the Products in whole or part, (ii) use the Products for the benefit of any third party, (iii) incorporate any Products into a product or service you provide to a third party, (iv) interfere with any license key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (v) remove or obscure any proprietary notices on the Products or any permitted copies of the Products , or (vi) publicly disseminate information regarding the benchmarking performance of the Products.
D. You may not copy or embed elements of the Source Code into other applications, or publish, transmit or communicate the Source Code to other parties other than yourself or the entity you represent.
11. Confidentiality.
You agree that all code, inventions, know-how, business, technical and financial information disclosed to you by Licensor constitute the confidential property of Licensor (“Confidential Information”). Any intellectual property, the underlying technology, and any performance information relating to the Products shall be deemed Confidential Information without any marking or further designation. Except as expressly authorized herein, you will hold in confidence and not use or disclose any Confidential Information. Your nondisclosure obligation shall not apply to information that you can document: (i) was rightfully in your possession or known to you prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of your own; (iii) is rightfully obtained by you from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you or your employees who had no access to such information. You may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to Licensor). You acknowledge that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by you, Licensor shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. For the avoidance of doubt, this Section shall not operate as a separate warranty with respect to the operation of any Products.
12. License Certifications and Audits
At Licensor’s request, you agree to provide a signed certification that you are using all Products pursuant to the terms of this EULA, including the Scope of Use. You agree to allow Licensor or its agent, to audit your use of the Products. Licensor will provide you with at least 10 days advance notice prior to the audit, and the audit will be conducted during normal business hours. Licensor will bear all its own out-of-pocket costs for the audit, unless the audit reveals that you have exceeded the Scope of Use. You will provide reasonable assistance, cooperation, and access to relevant information in the course of any audit at your own cost. If you exceed your Scope of Use, Licensor may invoice you for any past or ongoing excessive use, and you will pay the invoice promptly after receipt. This remedy is without prejudice to any other remedies available to Licensor at law or equity or under this EULA. To the extent necessary, Licensor may share audit results with certain of its third party licensors or assign the audit rights specified in this Section to such licensors.
13. Publicity Rights
The Licensee grants Licensor the right to include the Licensee’s name, company name, logo, and/or likeness that you provide during registration, and any review that Licensee may provide (in full or in part) to Licensor, within Product promotional material and on Licensor’s web site. Licensee can revoke this right at any time by submitting a written request via email to operations@appfire.com, requesting to be excluded from future Product promotional material. Requests made after purchasing may take thirty (30) calendar days to process.
14. Export Restrictions
You may not use or otherwise export or re-export any Product(s) except as authorized by United States law and the laws of the jurisdiction in which the Product(s) was obtained. In particular, but without limitation, the Product(s) may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Product(s), you represent and warrant that you are not located in any such country or on any such list.
15. Disclaimer of Warranties
Save as provided in Sections 17 and 18 below, the Products are provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability, fitness for a particular purpose, or title. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. Licensor shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Licensor. To the maximum extent permitted by law, Licensor does not make any representation, warranty or guarantee that: (a) the use of the Products will be secure, timely, uninterrupted or error-free; (b) the Products will operate in combination with any other hardware, software, system, or data; (c) the Products will meet your requirements or expectations; (d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the Products (or any server(s) that make a Hosted Service available) are free of viruses or other harmful components.
16. Return Policy
Licensor’s customary business practice is to allow customers to return Software within 30 days of payment for any reason or no reason and to receive a refund of the amount paid for the returned Software. A return means that Licensor will disable the license key that allowed the Software to operate. Licensor will not accept returns after the 30-day return period. Returns are not available for Hosted Services.
17. Infringement; Indemnification
A. If you purchase a Standard Use license, and if the Software becomes, or in the opinion of Licensor may become, the subject of a claim of infringement of any third party right, Licensor may, at its option and in its discretion: (i) procure for Licensee the right to use the Software free of any liability; (ii) replace or modify the Software to make it non-infringing; or (iii) refund any license fees paid by you for the current Support Period for that Software.
B. Licensee will defend or settle, at Licensee’s expense, any action brought against Licensor based upon the claim that any modifications to the Software or combination of the Software with other, third-party, products infringes or violates any third party right, and only to the extent that such modification or combination contributes to such claim; provided, however, that: (i) Licensor shall notify Licensee promptly in writing of any such claim; (ii) Licensor shall not enter into any settlement or compromise any such claim without Licensee’s prior written consent; (iii) Licensee shall have sole control of any such action and settlement negotiations; and (iv) Licensor shall provide Licensee with information and reasonable assistance, at Licensee’s request and expense, necessary to settle or defend such claim. Licensee agrees to pay all damages and costs finally awarded against Licensor attributable to such claim.
C. Licensee agrees to indemnify and hold Licensor, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of Licensee’s use of the Software, or Licensee’s violation of the EULA or any rights of a third party.
D. Licensor assumes no liability hereunder for, and shall have no obligation to defend Licensee or to pay costs, damages or attorney’s fees for, any claim based upon any modifications to any of the Software not approved by Licensor or combination of any of the Software with products not approved by Licensor, and only to the extent that such modification or combination contributes to such claim.
18. Limitation of Liability
A. Except for the indemnification obligations of Section 17 or breach of Sections 6 or 10, neither party will be liable to any person, with respect to any loss, damage, cost, expense or other claim, for any consequential (such as loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data), indirect, special, punitive or other damages in relation to the Products including, without limitation: (a) any use or reliance on a Product by the person (including the form and content of errors in and/or omissions from any information contained in the Products); (b) any delay, interruption or other failure in the provision of a Product; or (c) any change in the form or content of a Product. All the foregoing limitations shall apply even if Licensor has been informed of the possibility of such damages.
B. In no event will Licensor’s aggregate liability under any claims arising out of this EULA exceed the fees paid by you for the current Support Period, except where not permitted by applicable law, in which case Licensor’s liability shall be limited to the maximum extent allowed by such applicable law.
C. Except for each party’s indemnification obligations or breach of Sections 6 or 10, neither party will be liable for lost profits or for special, indirect, incidental or consequential damages, regardless of the form of action, even if such party is advised of the possibility of such damages. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law. To the extent the foregoing liability limitations or the warranty disclaimers of Section 15 are not allowed by applicable law, then the liability of Licensor, and the remedy of Licensee, shall be limited to: (i) the re-supply of any defective Product; or (ii) the refund of the license fees paid by you for the current Support Period for such defective Product.
D. These limitations will apply to you even if the remedies fail of their essential purpose.
19. Dispute Resolution
The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts in the United States. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the federal and state courts of Middlesex County, Massachusetts. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this EULA.
20. Severability
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.
21. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
22. Assignment
Licensee may assign this EULA to succeeding parties in the case of a merger, acquisition or change of control; provided, however, that in each case, (a) Licensor is notified in writing within ninety (90) days of such assignment, (b) the assignee agrees to be bound by the terms and conditions contained in this EULA and (c) upon such assignment the assignee makes no further use of the Product(s) licensed under this EULA. Licensor may assign its rights and obligation under this EULA without consent of Licensee. Any permitted assignee shall be bound by the terms and conditions of this EULA.
23. U.S. Government Users
If you are a U.S. Government end user, Licensor is providing the Products to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by Licensor for the Products are the same as the rights Licensor customarily grant to others under this EULA.
24. Revisions to EULA
Licensor may update, modify or amend (together, “Revise”) this EULA from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, Licensor will use reasonable efforts to notify you by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on our blog, website, on the Atlassian Marketplace website (https://marketplace.atlassian.com) or within the Licensor’s then currently published product documentation wiki. If Licensor revises this EULA during your term of your license or subscription, the revised version will be effective upon your next renewal of a License Term, Support Services, Hosted Services or Subscription Term, as applicable. In this case, if you object to any revisions, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Charge Products, accepting the revised EULA is required for you to continue using the No-Charge Products. You may be required to click through the updated EULA to show your acceptance. If you do not agree to the revised EULA after it becomes effective, you will no longer have a right to use No-Charge Products. For the avoidance of doubt, any Order is subject to the version of the EULA in effect at the time of the Order. You may not revise this EULA without Licensor’s written agreement (which may be withheld in Licensor’s complete discretion).
25. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without Licensor’s written agreement (which may be withheld in Licensor’s complete discretion).
In the event of a conflict between the terms of this EULA and the terms of any open source licenses applicable to the Software, for the specific terms in conflict the terms of the open source licenses shall control with regard to the Software, or part-thereof.
26. Contact Information
For communications concerning this EULA, please write to legal@appfire.com.
Last updated: October 6, 2016
APPLE ACADEMIC LICENSE AGREEMENT
Lisa OS Software version 3.1
IMPORTANT: Please read these terms carefully as they are an agreement between you and Apple Inc. about the Apple software, fonts, interfaces, content, data, and documentation included as part of the Lisa OS software package referenced above (collectively the "Apple Software").
By using the Apple Software, you accept these terms. If you do not accept these terms, you may not download or use the Apple Software.
1. Software Use Rights and Limitations. Subject to your compliance with these terms, Apple grants you a non-exclusive, non-transferable license under Apple's copyrights in the Apple Software to do the following for non-commercial, academic research, educational teaching, and personal study purposes only:
• use, reproduce, compile and modify the Apple Software,
• run the Apple Software and your modifications of it on your hardware,
• copy and reference documentation that comes with the Apple Software.
You may not and you agree not to:
• redistribute, publish, sublicense, sell, rent or transfer the Apple Software publish benchmarking results about the Apple Software or your use of it
• use the name, trademarks, service marks or logos of Apple to endorse or
promote your modifications or other materials derived from the Apple Software
2. Scope of License. The Apple Software is only licensed (not sold) to you for the non-commercial purposes stated above and may not be used for any other purposes without Apple's prior written permission. Apple and Apple's licensors
retain ownership of the Apple Software and reserve all rights not expressly granted to you. If you create modifications of the Apple Software, you hereby grant to Apple a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, assignable, worldwide license to use, reproduce, modify, publicly display, distribute, make, have made, import and sell your modifications.
3. Term. The license granted under this agreement shall continue in effect unless terminated as provided herein. If you fail to comply with any term of this agreement, the license granted to you under this agreement will terminate automatically, with or without notice from Apple. Apple may also, in its sale discretion, terminate this agreement upon thirty (30) days notice for any reason. Upon termination, you agree to cease all use of the Apple Software and destroy all copies of it in your possession or control. Sections 4 through 7, inclusive, of this agreement shall survive any such termination.
4. Export Control. The Apple Software is subject to U.S. export laws and regulations and you agree to comply fully with all such laws and regulations. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list, and that will not use the Apple Software for any purposes prohibited by U.S. laws and regulations.
5. Disclaimer of Warranty. THE APPLE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. APPLE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE, ITS USE, PERFORMANCE, ACCURACY OR COMPLETENESS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
6. Limitation of Liability. APPLE'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO US$10. IN NO EVENT WILL APPLE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER
THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you.
7. General.
a. This agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Each party hereby consents to the jurisdiction and venue of the United States
District Court for the Northern District of California, the Superior Court of the State of California for the County of Santa Clara, the Santa Clara Municipal Court, and any mutually agreed to alternative dispute resolution proceeding taking place in Santa Clara County, California, with respect to any claim or suit related to or arising out of this agreement.
b. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Apple's prior written consent, and any attempt by you to do so, without such consent, will be void.
c. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
d. This agreement is the entire agreement between you and Apple for the Apple Software. No amendment to or modification of this agreement will be binding unless in writing and signed by Apple.
YOUR INSTALLATION AND USE OF THE APPLE SOFTWARE CONSTITUTES AGREEMENT TO THE FOREGOING TERMS AND CONDITIONS.
Permission to use, copy, modify, and distribute this software and
its documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appears in all copies and
that both the copyright notice and this permission notice appear in
supporting documentation.
APPLE COMPUTER DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL APPLE COMPUTER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Warranty Information
Even though Apple has reviewed this software, Apple makes no warranty
or representation, either express or implied, with respect to this
software, its quality, accuracy, merchantability, or fitness for a
particular purpose. As a result, this software is provided "as is,"
and you, its user, are assuming the entire risk as to its quality
and accuracy.
This code may be used and freely distributed as long as it includes
this copyright notice and the warranty information.
Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Inc.
("Apple") in consideration of your agreement to the following terms, and your
use, installation, modification or redistribution of this Apple software
constitutes acceptance of these terms. If you do not agree with these terms,
please do not use, install, modify or redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject
to these terms, Apple grants you a personal, non-exclusive license, under
Apple's copyrights in this original Apple software (the "Apple Software"), to
use, reproduce, modify and redistribute the Apple Software, with or without
modifications, in source and/or binary forms; provided that if you redistribute
the Apple Software in its entirety and without modifications, you must retain
this notice and the following text and disclaimers in all such redistributions
of the Apple Software.
Neither the name, trademarks, service marks or logos of Apple Inc. may be used
to endorse or promote products derived from the Apple Software without specific
prior written permission from Apple. Except as expressly stated in this notice,
no other rights or licenses, express or implied, are granted by Apple herein,
including but not limited to any patent rights that may be infringed by your
derivative works or by other works in which the Apple Software may be
incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN
COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR
DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF
APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer: IMPORTANT: This Apple software is supplied to you, by Apple Inc. ("Apple"), in your
capacity as a current, and in good standing, Licensee in the MFi Licensing Program. Use of this
Apple software is governed by and subject to the terms and conditions of your MFi License,
including, but not limited to, the restrictions specified in the provision entitled ”Public
Software”, and is further subject to your agreement to the following additional terms, and your
agreement that the use, installation, modification or redistribution of this Apple software
constitutes acceptance of these additional terms. If you do not agree with these additional terms,
please do not use, install, modify or redistribute this Apple software.
Subject to all of these terms and in consideration of your agreement to abide by them, Apple grants
you, for as long as you are a current and in good-standing MFi Licensee, a personal, non-exclusive
license, under Apple's copyrights in this original Apple software (the "Apple Software"), to use,
reproduce, and modify the Apple Software in source form, and to use, reproduce, modify, and
redistribute the Apple Software, with or without modifications, in binary form. While you may not
redistribute the Apple Software in source form, should you redistribute the Apple Software in binary
form, you must retain this notice and the following text and disclaimers in all such redistributions
of the Apple Software. Neither the name, trademarks, service marks, or logos of Apple Inc. may be
used to endorse or promote products derived from the Apple Software without specific prior written
permission from Apple. Except as expressly stated in this notice, no other rights or licenses,
express or implied, are granted by Apple herein, including but not limited to any patent rights that
may be infringed by your derivative works or by other works in which the Apple Software may be
incorporated.
Unless you explicitly state otherwise, if you provide any ideas, suggestions, recommendations, bug
fixes or enhancements to Apple in connection with this software (“Feedback”), you hereby grant to
Apple a non-exclusive, fully paid-up, perpetual, irrevocable, worldwide license to make, use,
reproduce, incorporate, modify, display, perform, sell, make or have made derivative works of,
distribute (directly or indirectly) and sublicense, such Feedback in connection with Apple products
and services. Providing this Feedback is voluntary, but if you do provide Feedback to Apple, you
acknowledge and agree that Apple may exercise the license granted above without the payment of
royalties or further consideration to Participant.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR
IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION
AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
In consideration of your agreement to abide by the following terms, and
subject to these terms, Apple grants you a personal, non-exclusive
license, under Apple's copyrights in this original Apple software (the
"Apple Software"), to use, reproduce, modify and redistribute the Apple
Software, with or without modifications, in source and/or binary forms;
provided that if you redistribute the Apple Software in its entirety and
without modifications, you must retain this notice and the following
text and disclaimers in all such redistributions of the Apple Software.
Neither the name, trademarks, service marks or logos of Apple Inc. may
be used to endorse or promote products derived from the Apple Software
without specific prior written permission from Apple. Except as
expressly stated in this notice, no other rights or licenses, express or
implied, are granted by Apple herein, including but not limited to any
patent rights that may be infringed by your derivative works or by other
works in which the Apple Software may be incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND
OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION,
MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED
AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
This software module was originally developed by Apple Computer, Inc. in the
course of development of MPEG-4. This software module is an implementation of
a part of one or more MPEG-4 tools as specified by MPEG-4. ISO/IEC gives users
of MPEG-4 free license to this software module or modifications thereof for
use in hardware or software products claiming conformance to MPEG-4. Those
intending to use this software module in hardware or software products are
advised that its use may infringe existing patents. The original developer of
this software module and his/her company, the subsequent editors and their
companies, and ISO/IEC have no liability for use of this software module or
modifications thereof in an implementation. Copyright is not released for non
MPEG-4 conforming products. Apple Computer, Inc. retains full right to use the
code for its own purpose, assign or donate the code to a third party and to
inhibit third parties from using the code for non MPEG-4 conforming products.
This copyright notice must be included in all copies or derivative works.
Copyright (c) 1999.
Runtime Library Exception to the Apache 2.0 License
As an exception, if you use this Software to compile your source code and
portions of this Software are embedded into the binary product as a result,
you may redistribute such product without providing attribution as would
otherwise be required by Sections 4(a), 4(b) and 4(d) of the License.
Apple Sample Source Code License
You may incorporate this Apple sample source code into your program(s) without restriction. This Apple sample source code has been provided "AS IS" and the responsibility for its operation is yours. You are not permitted to redistribute this Apple sample source code as "Apple sample source code" after having made changes. If you're going to re-distribute the source, we require that you make it clear in the source that the code was descended from Apple sample source code, but that you've made changes.
Terms of Use
AppsFlyer Ltd. (“AppsFlyer” or “us”, “our”, “we”) provides a software development kit which allows the tracking of mobile application use, installations and downloads (the “Service(s)”). These Terms of use (this “Agreement”) govern your access and use of the Services, and any code provided by AppsFlyer. “You”/”Company” means any third party that uses the Service.
Please read this Agreement carefully. You must accept this Agreement prior to using the Service or any code provided by AppsFlyer. By downloading or installing the AppsFlyer code or using the Service, you signify your assent to this Agreement. Changes may be made to this Agreement from time to time. We will make reasonable commercial efforts to notify you of any material updates to this Agreement. Notwithstanding the foregoing, your continued use of the Service will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated this Agreement. If you do not agree to any terms or conditions of this Agreement, please do not use the Service.
1. Services. Subject to the terms and conditions hereof, during the Term (as defined below) AppsFlyer shall provide Company with the Services on a non-exclusive basis solely for Company’s own internal uses and, for this purpose, Company shall integrate the code provided by AppsFlyer, including AppsFlyer’s SDK, tracking links and APIs (collectively, the “Code”), into Company’s own proprietary mobile application (Company’s “Application”).
2. Registration. In order to use the Services, Company will be required to register with AppsFlyer and open an account. Company must provide all information necessary for the registration process. Company represents and warrants that all such information shall be accurate and complete. Company shall keep such information up-to-date. Company shall immediately notify AppsFlyer if there is any change in such information or security breach of the account.
3. Restrictions.
3.1. Except as set forth expressly herein or as permitted by the Services, Company shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or insert any code or product, or in any other way manipulate the Services in any way; (c) modify the Code in any way without AppsFlyer’s prior written consent; (d) sublicense, sell, or distribute the Code or bypass any security measure of AppsFlyer with respect to the Services; (e) distribute the Code on a stand-alone basis; or (f) use the Services except for Company’s own internal purposes.
3.2. To the extent any of the restrictions set forth above are not enforceable under applicable law, Company shall inform AppsFlyer in writing prior to engaging in any of the applicable activities.
4. Warranties.
4.1. Mutual Warranties. Each party represents and warrants that (a) it is duly organized under applicable law and has sufficient authority to enter into this Agreement and that, (b) the execution and performance under this Agreement does not conflict with any contractual obligations such party has to any third party.
4.2. AppsFlyer Warranties. AppsFlyer represents and warrants that the Services (a) do not, to the best of its knowledge, infringe the intellectual property rights of any third party, (b) do not contain any defamatory, libelous, obscene or otherwise offensive material, (c) comply with all applicable law and regulations (provided, that with respect to data provided by Company to AppsFlyer, AppsFlyer’s compliance with applicable law is subject to Company’s full compliance with applicable law with respect to such data, including its transfer to, and processing by, AppsFlyer), (d) do not collect, use or transfer the data of end users except pursuant to the terms of this Agreement or for the provision of the Services, and (e) do not to the best of its knowledge contain any worms, viruses, spyware, adware or other malicious or intrusive software.
4.3. Company Warranties. Company represents and warrants that its Application and Data (a) do not, to the best of its knowledge, infringe the intellectual property rights of any third party, (b) do not contain any defamatory, libelous, obscene or otherwise offensive material, (c) comply with all applicable law and regulations, including applicable data protection law, (d) do not collect, use or transfer the data of end users in any manner not clearly and accurately disclosed pursuant to a privacy policy that complies with applicable law and regulations, and (e) do not contain any worms, viruses, spyware, adware or other malicious or intrusive software and (f) provides to its users a clear description of its use of the data, including its transfer to, and processing by, AppsFlyer.
5. Intellectual Property. Company shall have all right, title and interest in its Application. AppsFlyer shall have all right, title and interest in the Code and the Services, and all software that provides the Services. If Company provides AppsFlyer with any feedback regarding the Code and/or the Services, AppsFlyer may use all such feedback without restriction. Nothing herein shall be interpreted to provide Company any rights in the Code or the Services except the limited right to use the Code and receive the Service as set forth herein.
6. Payment. AppsFlyer offers several pricing plans, and Company must choose a pricing plan prior to downloading and using the Services. If required by law, Company must add applicable VAT to the amounts payable under such pricing plan. Company shall make payment to AppsFlyer without deduction for and free and clear of any taxes and government charges. Amounts are due and payable within 10 days of AppsFlyer’s issuance of the applicable invoice. Late payments shall bear interest at the rate of 12% per annum. If Company pays using a third party payment processor or credit card, AppsFlyer accepts no responsibility or liability for the actions, omissions or privacy policies of the third party payment processor.
7. Data, Privacy, Retention and Restricted Data.
7.1. The Services enable the Company to collect and track data concerning the characteristics and activities of Application end users as long as the Code is installed (“Data”). Company owns, and retains all right, title and interest in Data. Company may modify the categories of Data collected by the Service through configuration of the Services. Accordingly, to the extent the Services are configured as such, Data may contain personally-identifiable information. AppsFlyer shall not transfer Data to third parties except as set forth in this Agreement or as directed by Company. Company represents and warrants that Company is permitted to collect, use and transfer Data through the Services.
7.2. Any personally identifiable information or Personal Data, as such term is defined under the EU General Data Protection Regulation 2016/679 (“GDPR” and “Personal Data” respectively) provided to AppsFlyer on Company’s behalf, if any, and the processing thereof, shall be governed under the terms and conditions set forth in the AppsFlyer Data Processing Agreement (“DPA”). A current version of the DPA executed by AppsFlyer is available at https://www.appsflyer.com/gdpr/dpa.pdf, and shall become effective as of May 25 2018. AppsFlyer shall provide prior notification to Company in writing upon any material change to the DPA. The DPA is an integral part of this Agreement. Unless otherwise explicitly agreed in writing by the parties, it is agreed and acknowledged that with respect to any personally-identifiable information and Personal Data included in the Data, Company shall be considered as the Controller and AppsFlyer shall be considered as the Processor (as such terms are defined under the GDPR and the DPA).
7.3. AppsFlyer may use aggregated anonymized data, from time to time, for analytics, improvement of the Services and internal purposes (“Aggregated Data”). Aggregated Data may include data derived from the Company’s Data, provided that Aggregated Data does not contain data solely derived from Company’s Data and does not identify or trace to Company or any of Company’s end users.
7.4. AppsFlyer publishes a privacy policy, as required under applicable law, which describes AppsFlyer’s collection and use of data. A current copy of AppsFlyer’s privacy policy is available at https://www.appsflyer.com/privacy-policy (“Privacy Policy”). AppsFlyer shall provide prior notification to Company in writing upon any material change to the privacy policy.
7.5. AppsFlyer and its agents may process Data outside of the jurisdiction of Company.
7.6. AppsFlyer’ is required by certain third parties (such as advertising networks) to delete data they provide after a specified period of time. As such, AppsFlyer may delete Data provided by such third parties in accordance with its standard data retention policies.
7.7. Company may only provide to AppsFlyer, or otherwise have AppsFlyer (or anyone on its behalf) process, such Data types and parameters which are explicitly permitted under AppsFlyer’s Privacy Policy (“Permitted Controller Personal Data Types and Parameters”, as also defined under the DPA). Solely Company (and not AppsFlyer) shall be liable for any data which is provided or otherwise made available to AppsFlyer or anyone on its behalf in excess of the Permitted Controller Personal Data Types and Parameters (“Excess Data”). AppsFlyer’s obligations under the Agreement or the DPA shall not apply to any such Excess Data.
7.8. Without derogating from any of the obligations of Company hereunder, Company shall not provide to AppsFlyer any data regarding children, or any health, financial, or insurance data or other data subject to specific regulatory or statutory protection regimes, except as may otherwise be expressly agreed in writing between the parties and in accordance with applicable law.
8. Confidentiality.
8.1. In the context of the relationship under this Agreement, either party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). AppsFlyer’s Confidential Information includes, among others, the terms and pricing of this Agreement.
8.2. Subject to the terms and conditions of this Agreement, Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its use or provision of the Services. Confidential Information shall not include information that Receiving Party can show (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, regulation or is requested in the context of a law enforcement investigation, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperates in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees and contractors with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Company will not disclose any information regarding the results of any testing or evaluation of the Services to any third party without AppsFlyer’s prior written consent.
8.3. The non-disclosure and non-use obligations set forth in this Section 8 shall survive the termination or expiration of this Agreement for a period of 5 years.
9. Analytics. The Services include the provision of certain reports and analytics regarding the Data (“Analytics”). AppsFlyer makes no warranty that the Analytics provided shall be useful to Company’s business. Company is solely responsible for any actions Company may take based on the Analytics.
10. Support. Company may contact AppsFlyer with regard to support for the Services by sending an email to support@appsflyer.com. AppsFlyer shall provide up to 5 hours of support each month at no additional charge.
11. Service Levels. AppsFlyer shall provide Services in accordance with the service commitments in Appendix B.
12. Indemnification.
12.1. AppsFlyer Indemnification.
12.1.1. AppsFlyer shall defend, indemnify and hold harmless Company (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from: (a) any breach of AppsFlyer’s obligations, representations or warranties herein; or (b) a claim that the Code and/or Services infringe the intellectual property rights of a third party. This Section 12.1 sets forth AppsFlyer’s sole obligations and Company’s sole remedies for any claim that the Code and/or Services infringe the intellectual property rights of a third party.
12.1.2. Notwithstanding the foregoing, AppsFlyer shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Code or Services not in compliance with this Agreement or applicable law, (b) the combination of the Code or Services with any code or services not provided by AppsFlyer, (c) the modification of any Code or Services by any party other than AppsFlyer or (d) the use of any Code that is not the most up-to-date Code.
12.1.3. If the Services shall be the subject of an infringement claim, or AppsFlyer reasonably believes that the Services shall be the subject of an infringement claim, AppsFlyer may terminate this Agreement with written notice if modification of the Services to be non-infringing is not reasonably practical.
12.2. Company Indemnification. Company shall defend and indemnify AppsFlyer (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which AppsFlyer may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from: (a) any breach of Company’s obligations, representations or warranties herein; or (b) any use or distribution of the Company’s Application in violation of this Agreement or applicable law or regulations.
12.3. Procedure. The obligations of either party to provide indemnification under this Agreement will be contingent upon the indemnified party (i) providing the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that the indemnified party’s failure to notify the indemnifying party will not diminish the indemnifying party’s obligations under this Section 12 except to the extent that the indemnifying party is materially prejudiced as a result of such failure), (ii) cooperating fully with the indemnifying party (at the indemnifying party’s expense), and (iii) allowing the indemnifying party to control the defense and settlement of such claim, provided that no settlement may be entered into without the consent of the indemnified party if such settlement would require any action on the part of the indemnified party other than to cease using any allegedly infringing or illegal content or services. Subject to the foregoing, an indemnified party will at all times have the option to participate in any matter or litigation through counsel of its own selection at its own expense.
13. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY ACCEPTS THE CODE AND SERVICES “AS IS” AND ACKNOWLEDGES THAT APPSFLYER MAKES NO OTHER WARRANTY AND DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14. Limitation of Liability.
14.1. IN NO EVENT SHALL APPSFLYER, ITS DIRECTORS, OFFICERS, AFFILIATES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICES OR THE ARRANGEMENTS CONTEMPLATED HEREIN.
14.2. EXCEPT FOR INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, BREACH OF CONFIDENTIALITY, DATA OR PRIVACY OBLIGATIONS AND APPSFLYER’S INDEMNIFICATION OBLIGATIONS FOR INTELLECTUAL PROPERTY INFRINGEMENT (THE “CARVE-OUT CLAIMS”), APPSFLYER’S ENTIRE LIABILITY FOR THE PROVISION OF THE SERVICES OR UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF PAYMENT RECEIVED BY APPSFLYER FROM COMPANY IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM, IN THE AGGREGATE. WITH RESPECT TO THE CARVE-OUT CLAIMS, APPSFLYER’S ENTIRE LIABILITY FOR THE PROVISION OF THE SERVICES OR UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF PAYMENT RECEIVED BY APPSFLYER FROM COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM, IN THE AGGREGATE.
15. Term and Termination.
15.1. The term of this Agreement shall commence as of the day you accept this Agreement or, if earlier, the date that you integrate the Code into an Application and shall continue in effect for a period of twelve (12) months (the “Initial Term”); provided that if Company selects the “Basic Pay-Per-Use” package, as shown on AppsFlyer’s website, this Agreement shall be in effect on a month-to-month basis. Following the Initial Term, this Agreement shall automatically renew for subsequent terms of twelve (12) months each (each a “Renewal Term” and together with the Initial Term, the “Term”), unless one of the parties notifies the other party of its intention not to renew the Agreement at least 45 days prior to the commencement of any Renewal Term.
15.2. Either party may terminate this Agreement with written notice if it has reason to believe that the other Party is in material breach of this Agreement, and such breach is not cured within 30 days from the receipt of written notice of such breach. In addition, either party shall have the right to terminate this Agreement upon 30 days’ written notice to the other party pursuant to section 5.3 of the DPA.
15.3. This agreement is based on a reasonable and fair use of the Services. Notwithstanding anything to the contrary herein, any use that is not aligned with such fair use may be overcharged or terminated immediately by AppsFlyer.
15.4. Upon any termination or expiration of this Agreement, AppsFlyer will cease providing the Services. In the event of any termination (a) Company will not be entitled to any refunds of any nonrefundable fees, (b) any outstanding balance for Services rendered through the date of termination will be immediately due and payable in full, and (c) Company’s historical data will be available for download through AppsFlyer’s standard user interface for a period of 30 days. Any obligations of the Parties that by their nature are intended to survive the termination or expiration of this Agreement, including the obligations of the Parties in Sections 3 – 9 and 12 – 15 of this Agreement, shall survive any termination thereof.
16. Publicity. During the Term, AppsFlyer may refer to Company as a customer of AppsFlyer, including by displaying Company’s name and logo on AppsFlyer’s website and other marketing materials.
17. Miscellaneous.
17.1. This Agreement represents the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. For clarity, the provisions of this Agreement supersede any earlier non-disclosure or confidentiality agreements between the parties. Except as expressly set forth herein, this Agreement may not be modified or amended except in a writing executed by both parties.
17.2. All waivers must be in writing. A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. AppsFlyer may provide Company with notices required hereunder by contacting Company at any email address Company provided, including in its registration information.
17.3. Neither Party may assign any of its rights and obligations under this Agreement without the prior written consent of the other Party, such consent not to be required in the event of an assignment by one of the Parties to a purchaser of all or substantially all of the assignor’s assets or share capital. The assignor shall provide the other Party with written notice of the assignment. Assignment in violation of the foregoing shall be void.
17.4. If any part of this Agreement shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in full force and effect.
17.5. This Agreement shall be governed by the laws of the State of New York, and the competent courts in the city of New York shall have exclusive jurisdiction to hear any disputes arising hereunder.
Appendix A: Fees and Services
[PACKAGE OF SERVICES TO BE CHOSEN BY COMPANY]
Appendix B: Service Levels
AppsFlyer service commitments do not include downtime to extent resulting from: previously scheduled maintenance and events beyond AppsFlyer’s reasonable control, such as any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of Company’s Application, equipment, systems or local access services, or (c) strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes or natural disasters.
Apromore License Exception
As the copyright holder of this ProM software, TU/e explicitly allows the compilation and distribution of this ProM software with the Apromore software, provided that when and where (a part of) this ProM software is being executed in Apromore, the unscaled ProM logo: https://promtools.org/wp-content/uploads/2022/12/prom_logo_50x20.png must be fully visible in Apromore and not visually obscured by other elements, and must link back to https://www.promtools.org.
APPLE PUBLIC SOURCE LICENSE
Version 1.0 - March 16, 1999
Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound
by the terms of this License. If you do not or cannot agree to the
terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other
work which Apple Computer, Inc. ("Apple") publicly announces as
subject to this Apple Public Source License and which contains a
notice placed by Apple identifying such program or work as "Original
Code" and stating that it is subject to the terms of this Apple
Public Source License version 1.0 (or subsequent version thereof),
as it may be revised from time to time by Apple ("License"). As
used in this License:
1.1 "Applicable Patents" mean: (a) in the case where Apple is the
grantor of rights, (i) patents or patent applications that are now
or hereafter acquired, owned by or assigned to Apple and (ii) whose
claims cover subject matter contained in the Original Code, but only
to the extent necessary to use, reproduce and/or distribute the
Original Code without infringement; and (b) in the case where You
are the grantor of rights, (i) patents and patent applications that
are now or hereafter acquired, owned by or assigned to You and (ii)
whose claims cover subject matter in Your Modifications, taken alone
or in combination with Original Code.
1.2 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.3 "Deploy" means to use, sublicense or distribute Covered Code other
than for Your internal research and development (R&D), and includes
without limitation, any and all internal use or distribution of
Covered Code within Your business or organization except for R&D
use, as well as direct or indirect sublicensing or distribution of
Covered Code by You to any third party in any form or manner.
1.4 "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.5 "Modifications" mean any addition to, deletion from, and/or change
to, the substance and/or structure of Covered Code. When code is
released as a series of files, a Modification is: (a) any addition
to or deletion from the contents of a file containing Covered Code;
and/or (b) any new file or other representation of computer program
statements that contains any part of Covered Code.
1.6 "Original Code" means the Source Code of a program or other work
as originally made available by Apple under this License, including
the Source Code of any updates or upgrades to such programs or works
made available by Apple under this License, and that has been
expressly identified by Apple as such in the header file(s) of such
work.
1.7 "Source Code" means the human readable form of a program or other
work that is suitable for making modifications to it, including all
modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an
executable (object code).
1.8 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms
and conditions of this License, Apple hereby grants You, effective
on the date You accept this License and download the Original Code,
a world-wide, royalty-free, non-exclusive license, to the extent of
Apple's Applicable Patents and copyrights covering the Original
Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or
without Modifications, solely for Your internal research and
development, provided that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Apple as they appear
in the Original Code, and keep intact all notices in the Original Code
that refer to this License;
(b) include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer
or impose any terms on such Source Code that alter or restrict this
License or the recipients' rights hereunder, except as permitted under
Section 6; and
(c) completely and accurately document all Modifications that you have
made and the date of each such Modification, designate the version of
the Original Code you used, prominently include a file carrying such
information with the Modifications, and duplicate the notice in
Exhibit A in each file of the Source Code of all such Modifications.
2.2 You may Deploy Covered Code, provided that You must in each
instance:
(a) satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source
Code form via electronic distribution (e.g. download from a web site)
under the terms of this License and subject to the license grants set
forth in Section 3 below, and any additional terms You may choose to
offer under Section 6. You must continue to make the Source Code of
Your Deployed Modifications available for as long as you Deploy the
Covered Code or twelve (12) months from the date of initial
Deployment, whichever is longer;
(c) must notify Apple and other third parties of how to obtain Your
Deployed Modifications by filling out and submitting the required
information found at
http://www.apple.com/publicsource/modifications.html; and
(d) if you Deploy Covered Code in object code, executable form only,
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive,
royalty-free license, under Your Applicable Patents and other
intellectual property rights owned or controlled by You, to use,
reproduce, modify, distribute and Deploy Your Modifications of the
same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
worldwide, royalty-free, perpetual and irrevocable license, under Your
Applicable Patents and other intellectual property rights owned or
controlled by You, to use, reproduce, execute, compile, display,
perform, modify or have modified (for Apple and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form, through
multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In each such
instance, You must make sure the requirements of this License are
fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in
Section 2, no other patent rights, express or implied, are granted
by Apple herein. Modifications and/or Larger Works may require
additional patent licenses from Apple which Apple may grant in its
sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations and/or
other rights consistent with the scope of the license granted herein
("Additional Terms") to one or more recipients of Covered
Code. However, You may do so only on Your own behalf and as Your
sole responsibility, and not on behalf of Apple. You must obtain the
recipient's agreement that any such Additional Terms are offered by
You alone, and You hereby agree to indemnify, defend and hold Apple
harmless for any liability incurred by or claims asserted against
Apple by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new
versions of this License from time to time. Each version will be
given a distinguishing version number. Once Original Code has been
published under a particular version of this License, You may
continue to use it under the terms of that version. You may also
choose to use such Original Code under the terms of any subsequent
version of this License published by Apple. No one other than Apple
has the right to modify the terms applicable to Covered Code created
under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
in part pre-release, untested, or not fully tested works. The
Original Code may contain errors that could cause failures or loss
of data, and may be incomplete or contain inaccuracies. You
expressly acknowledge and agree that use of the Original Code, or
any portion thereof, is at Your sole and entire risk. THE ORIGINAL
CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF
SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY
REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You
acknowledge that the Original Code is not intended for use in the
operation of nuclear facilities, aircraft navigation, communication
systems, or air traffic control machines in which case the failure
of the Original Code could lead to death, personal injury, or severe
physical or environmental damage.
9. Liability.
9.1 Infringement. If any of the Original Code becomes the subject of
a claim of infringement ("Affected Original Code"), Apple may, at
its sole discretion and option: (a) attempt to procure the rights
necessary for You to continue using the Affected Original Code; (b)
modify the Affected Original Code so that it is no longer
infringing; or (c) terminate Your rights to use the Affected
Original Code, effective immediately upon Apple's posting of a
notice to such effect on the Apple web site that is used for
implementation of this License.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR
INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
liability to You for all damages under this License exceed the
amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "Apple", "Apple Computer", "Mac OS X",
"Mac OS X Server" or any other trademarks or trade names belonging
to Apple (collectively "Apple Marks") and no Apple Marks may be
used to endorse or promote products derived from the Original Code
other than as permitted by and in strict compliance at all times
with Apple's third party trademark usage guidelines which are
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to
the Original Code and any Modifications made by or on behalf of
Apple ("Apple Modifications"), and such Apple Modifications will
not be automatically subject to this License. Apple may, at its
sole discretion, choose to license such Apple Modifications under
this License, or on different terms from those contained in this
License or may choose not to license them at all. Apple's
development, use, reproduction, modification, sublicensing and
distribution of Covered Code will not be subject to this License.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach; (b) immediately in the event of
the circumstances described in Sections 9.1 and/or 13.6(b); or (c)
automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement
against Apple.
12.2 Effect of Termination. Upon termination, You agree to
immediately stop any further use, reproduction, modification and
distribution of the Covered Code, or Affected Original Code in the
case of termination under Section 9.1, and to destroy all copies of
the Covered Code or Affected Original Code (in the case of
termination under Section 9.1) that are in your possession or
control. All sublicenses to the Covered Code which have been
properly granted prior to termination shall survive any termination
of this License. Provisions which, by their nature, should remain
in effect beyond the termination of this License shall survive,
including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and
13. Neither party will be liable to the other for compensation,
indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this
License will be without prejudice to any other right or remedy of
either party.
13. Miscellaneous.
13.1 Export Law Assurances. You may not use or otherwise export or
re-export the Original Code except as authorized by United States
law and the laws of the jurisdiction in which the Original Code was
obtained. In particular, but without limitation, the Original Code
may not be exported or re-exported (a) into (or to a national or
resident of) any U.S. embargoed country or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce's Table of Denial Orders. By
using the Original Code, You represent and warrant that You are not
located in, under control of, or a national or resident of any such
country or on any such list.
13.2 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data
rights in the Covered Code include only those rights customarily
provided to the public as defined in this License. This customary
commercial license in technical data and software is provided in
accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR
252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3
(Rights in Commercial Computer Software or Computer Software
Documentation). Accordingly, all U.S. Government End Users acquire
Covered Code with only those rights set forth herein.
13.3 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between You and Apple, and You will not represent
to the contrary, whether expressly, by implication, appearance or
otherwise.
13.4 Independent Development. Nothing in this License will impair
Apple's right to acquire, license, develop, have others develop for
it, market and/or distribute technology or products that perform
the same or similar functions as, or otherwise compete with,
Modifications, Larger Works, technology or products that You may
develop, produce, market or distribute.
13.5 Waiver; Construction. Failure by Apple to enforce any provision
of this License will not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation which
provides that the language of a contract shall be construed against
the drafter will not apply to this License.
13.6 Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License will be
enforced to the maximum extent permissible so as to effect the
economic benefits and intent of the parties, and the remainder of
this License will continue in full force and effect. (b)
Notwithstanding the foregoing, if applicable law prohibits or
restricts You from fully and/or specifically complying with
Sections 2 and/or 3 or prevents the enforceability of either of
those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and
destroy all copies of it that are in your possession or control.
13.7 Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in
the Northern District of California, and You and Apple hereby
consent to the personal jurisdiction of, and venue in, the state
and federal courts within that District with respect to this
License. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded.
13.8 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights
Reserved. This file contains Original Code and/or Modifications of
Original Code as defined in and that are subject to the Apple Public
Source License Version 1.0 (the 'License'). You may not use this file
except in compliance with the License. Please obtain a copy of the
License at http://www.apple.com/publicsource and read it before using
this file.
The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the
License for the specific language governing rights and limitations
under the License."
APPLE PUBLIC SOURCE LICENSE
Version 1.1 - April 19,1999
Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound
by the terms of this License. If you do not or cannot agree to the
terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other
work which Apple Computer, Inc. ("Apple") publicly announces as
subject to this Apple Public Source License and which contains a
notice placed by Apple identifying such program or work as "Original
Code" and stating that it is subject to the terms of this Apple Public
Source License version 1.1 (or subsequent version thereof), as it may
be revised from time to time by Apple ("License"). As used in this
License:
1.1 "Affected Original Code" means only those specific portions of
Original Code that allegedly infringe upon any party's intellectual
property rights or are otherwise the subject of a claim of
infringement.
1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is
the grantor of rights, (i) claims of patents that are now or hereafter
acquired, owned by or assigned to Apple and (ii) that cover subject
matter contained in the Original Code, but only to the extent
necessary to use, reproduce and/or distribute the Original Code
without infringement; and (b) in the case where You are the grantor of
rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your
Modifications, taken alone or in combination with Original Code.
1.3 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other
than for Your internal research and development (R&D), and includes
without limitation, any and all internal use or distribution of
Covered Code within Your business or organization except for R&D use,
as well as direct or indirect sublicensing or distribution of Covered
Code by You to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change
to, the substance and/or structure of Covered Code. When code is
released as a series of files, a Modification is: (a) any addition to
or deletion from the contents of a file containing Covered Code;
and/or (b) any new file or other representation of computer program
statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other
work as originally made available by Apple under this License,
including the Source Code of any updates or upgrades to such programs
or works made available by Apple under this License, and that has been
expressly identified by Apple as such in the header file(s) of such
work; and (b) the object code compiled from such Source Code and
originally made available by Apple under this License.
1.8 "Source Code" means the human readable form of a program or other
work that is suitable for making modifications to it, including all
modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an executable
(object code).
1.9 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms
and conditions of this License, Apple hereby grants You, effective on
the date You accept this License and download the Original Code, a
world-wide, royalty-free, non- exclusive license, to the extent of
Apple's Applicable Patent Rights and copyrights covering the Original
Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or
without Modifications, solely for Your internal research and
development, provided that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Apple as they appear
in the Original Code, and keep intact all notices in the Original Code
that refer to this License;
(b) include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer
or impose any terms on such Source Code that alter or restrict this
License or the recipients' rights hereunder, except as permitted under
Section 6; and
(c) completely and accurately document all Modifications that you have
made and the date of each such Modification, designate the version of
the Original Code you used, prominently include a file carrying such
information with the Modifications, and duplicate the notice in
Exhibit A in each file of the Source Code of all such Modifications.
2.2 You may Deploy Covered Code, provided that You must in each
instance:
(a) satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source
Code form via electronic distribution (e.g. download from a web site)
under the terms of this License and subject to the license grants set
forth in Section 3 below, and any additional terms You may choose to
offer under Section 6. You must continue to make the Source Code of
Your Deployed Modifications available for as long as you Deploy the
Covered Code or twelve (12) months from the date of initial
Deployment, whichever is longer;
(c) if You Deploy Covered Code containing Modifications made by You,
inform others of how to obtain those Modifications by filling out and
submitting the information found at
http://www.apple.com/publicsource/modifications.html, if available;
and
(d) if You Deploy Covered Code in object code, executable form only,
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive,
royalty-free license, under Your Applicable Patent Rights and other
intellectual property rights owned or controlled by You, to use,
reproduce, modify, distribute and Deploy Your Modifications of the
same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
worldwide, royalty-free, perpetual and irrevocable license, under Your
Applicable Patent Rights and other intellectual property rights owned
or controlled by You, to use, reproduce, execute, compile, display,
perform, modify or have modified (for Apple and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form, through
multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In each such
instance, You must make sure the requirements of this License are
fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in
Section 2, no other patent rights, express or implied, are granted by
Apple herein. Modifications and/or Larger Works may require
additional patent licenses from Apple which Apple may grant in its
sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations and/or
other rights consistent with the scope of the license granted herein
("Additional Terms") to one or more recipients of Covered
Code. However, You may do so only on Your own behalf and as Your sole
responsibility, and not on behalf of Apple. You must obtain the
recipient's agreement that any such Additional Terms are offered by
You alone, and You hereby agree to indemnify, defend and hold Apple
harmless for any liability incurred by or claims asserted against
Apple by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new
versions of this License from time to time. Each version will be
given a distinguishing version number. Once Original Code has been
published under a particular version of this License, You may continue
to use it under the terms of that version. You may also choose to use
such Original Code under the terms of any subsequent version of this
License published by Apple. No one other than Apple has the right to
modify the terms applicable to Covered Code created under this
License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
in part pre-release, untested, or not fully tested works. The
Original Code may contain errors that could cause failures or loss of
data, and may be incomplete or contain inaccuracies. You expressly
acknowledge and agree that use of the Original Code, or any portion
thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS
PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND
AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND
9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS
"APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT
DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not
intended for use in the operation of nuclear facilities, aircraft
navigation, communication systems, or air traffic control machines in
which case the failure of the Original Code could lead to death,
personal injury, or severe physical or environmental damage.
9. Liability.
9.1 Infringement. If any portion of, or functionality implemented by,
the Original Code becomes the subject of a claim of infringement,
Apple may, at its option: (a) attempt to procure the rights necessary
for Apple and You to continue using the Affected Original Code; (b)
modify the Affected Original Code so that it is no longer infringing;
or (c) suspend Your rights to use, reproduce, modify, sublicense and
distribute the Affected Original Code until a final determination of
the claim is made by a court or governmental administrative agency of
competent jurisdiction and Apple lifts the suspension as set forth
below. Such suspension of rights will be effective immediately upon
Apple's posting of a notice to such effect on the Apple web site that
is used for implementation of this License. Upon such final
determination being made, if Apple is legally able, without the
payment of a fee or royalty, to resume use, reproduction,
modification, sublicensing and distribution of the Affected Original
Code, Apple will lift the suspension of rights to the Affected
Original Code by posting a notice to such effect on the Apple web site
that is used for implementation of this License. If Apple suspends
Your rights to Affected Original Code, nothing in this License shall
be construed to restrict You, at Your option and subject to applicable
law, from replacing the Affected Original Code with non-infringing
code or independently negotiating for necessary rights from such third
party.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO
USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY
OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY
OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY REMEDY. In no event shall Apple's total liability to You for all
damages under this License exceed the amount of fifty dollars
($50.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
OS X Server" or any other trademarks or trade names belonging to Apple
(collectively "Apple Marks") and no Apple Marks may be used to endorse
or promote products derived from the Original Code other than as
permitted by and in strict compliance at all times with Apple's third
party trademark usage guidelines which are posted at
http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to
the Original Code and any Modifications made by or on behalf of Apple
("Apple Modifications"), and such Apple Modifications will not be
automatically subject to this License. Apple may, at its sole
discretion, choose to license such Apple Modifications under this
License, or on different terms from those contained in this License or
may choose not to license them at all. Apple's development, use,
reproduction, modification, sublicensing and distribution of Covered
Code will not be subject to this License.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach; (b) immediately in the event of
the circumstances described in Section 13.5(b); or (c) automatically
without notice from Apple if You, at any time during the term of this
License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to
immediately stop any further use, reproduction, modification,
sublicensing and distribution of the Covered Code and to destroy all
copies of the Covered Code that are in your possession or control.
All sublicenses to the Covered Code which have been properly granted
prior to termination shall survive any termination of this License.
Provisions which, by their nature, should remain in effect beyond the
termination of this License shall survive, including but not limited
to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be
liable to the other for compensation, indemnity or damages of any sort
solely as a result of terminating this License in accordance with its
terms, and termination of this License will be without prejudice to
any other right or remedy of either party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data rights
in the Covered Code include only those rights customarily provided to
the public as defined in this License. This customary commercial
license in technical data and software is provided in accordance with
FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for
Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
Commercial Items) and 227.7202-3 (Rights in Commercial Computer
Software or Computer Software Documentation). Accordingly, all U.S.
Government End Users acquire Covered Code with only those rights set
forth herein.
13.2 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between You and Apple, and You will not represent to
the contrary, whether expressly, by implication, appearance or
otherwise.
13.3 Independent Development. Nothing in this License will impair
Apple's right to acquire, license, develop, have others develop for
it, market and/or distribute technology or products that perform the
same or similar functions as, or otherwise compete with,
Modifications, Larger Works, technology or products that You may
develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple to enforce any provision
of this License will not be deemed a waiver of future enforcement of
that or any other provision. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion thereof,
to be unenforceable, that provision of the License will be enforced to
the maximum extent permissible so as to effect the economic benefits
and intent of the parties, and the remainder of this License will
continue in full force and effect. (b) Notwithstanding the foregoing,
if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the
enforceability of either of those Sections, this License will
immediately terminate and You must immediately discontinue any use of
the Covered Code and destroy all copies of it that are in your
possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in the
Northern District of California, and You and Apple hereby consent to
the personal jurisdiction of, and venue in, the state and federal
courts within that District with respect to this License. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights
Reserved. This file contains Original Code and/or Modifications of
Original Code as defined in and that are subject to the Apple Public
Source License Version 1.1 (the "License"). You may not use this file
except in compliance with the License. Please obtain a copy of the
License at http://www.apple.com/publicsource and read it before using
this file.
The Original Code and all software distributed under the License are
distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the
License for the specific language governing rights and limitations
under the License."
APPLE PUBLIC SOURCE LICENSE
Version 1.2 - January 4, 2001
Please read this License carefully before downloading this software.
By downloading or using this software, you are agreeing to be bound by
the terms of this License. If you do not or cannot agree to the terms
of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other
work which Apple Computer, Inc. ("Apple") makes publicly available and
which contains a notice placed by Apple identifying such program or
work as "Original Code" and stating that it is subject to the terms of
this Apple Public Source License version 1.2 (or subsequent version
thereof) ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
the grantor of rights, (i) claims of patents that are now or hereafter
acquired, owned by or assigned to Apple and (ii) that cover subject
matter contained in the Original Code, but only to the extent
necessary to use, reproduce and/or distribute the Original Code
without infringement; and (b) in the case where You are the grantor of
rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your
Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or
contributes to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other
than for Your internal research and development (R&D) and/or
Personal Use, and includes without limitation, any and all internal
use or distribution of Covered Code within Your business or
organization except for R&D use and/or Personal Use, as well as
direct or indirect sublicensing or distribution of Covered Code by You
to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change
to, the substance and/or structure of the Original Code, any previous
Modifications, the combination of Original Code and any previous
Modifications, and/or any respective portions thereof. When code is
released as a series of files, a Modification is: (a) any addition to
or deletion from the contents of a file containing Covered Code;
and/or (b) any new file or other representation of computer program
statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other
work as originally made available by Apple under this License,
including the Source Code of any updates or upgrades to such programs
or works made available by Apple under this License, and that has been
expressly identified by Apple as such in the header file(s) of such
work; and (b) the object code compiled from such Source Code and
originally made available by Apple under this License.
1.8 "Personal Use" means use of Covered Code by an individual solely
for his or her personal, private and non-commercial purposes. An
individual's use of Covered Code in his or her capacity as an officer,
employee, member, independent contractor or agent of a corporation,
business or organization (commercial or non-commercial) does not
qualify as Personal Use.
1.9 "Source Code" means the human readable form of a program or other
work that is suitable for making modifications to it, including all
modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an executable
(object code).
1.10 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms
and conditions of this License, Apple hereby grants You, effective on
the date You accept this License and download the Original Code, a
world-wide, royalty-free, non-exclusive license, to the extent of
Apple's Applicable Patent Rights and copyrights covering the Original
Code, to do the following:
2.1 You may use, reproduce, display, perform, modify and distribute
Original Code, with or without Modifications, solely for Your internal
research and development and/or Personal Use, provided that in each
instance:
(a) You must retain and reproduce in all copies of Original Code the
copyright and other proprietary notices and disclaimers of Apple as
they appear in the Original Code, and keep intact all notices in the
Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of Source
Code of Covered Code and documentation You distribute, and You may not
offer or impose any terms on such Source Code that alter or restrict
this License or the recipients' rights hereunder, except as permitted
under Section 6.
2.2 You may use, reproduce, display, perform, modify and Deploy
Covered Code, provided that in each instance:
(a) You must satisfy all the conditions of Section 2.1 with respect to
the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the
notice in Exhibit A in each file of the Source Code of all Your
Modifications, and cause the modified files to carry prominent notices
stating that You changed the files and the date of any change;
(c) You must make Source Code of all Your Deployed Modifications
publicly available under the terms of this License, including the
license grants set forth in Section 3 below, for as long as you Deploy
the Covered Code or twelve (12) months from the date of initial
Deployment, whichever is longer. You should preferably distribute the
Source Code of Your Deployed Modifications electronically (e.g.
download from a web site); and
(d) if You Deploy Covered Code in object code, executable form only,
You must include a prominent notice, in the code itself as well as in
related documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.
2.3 You expressly acknowledge and agree that although Apple and each
Contributor grants the licenses to their respective portions of the
Covered Code set forth herein, no assurances are provided by Apple or
any Contributor that the Covered Code does not infringe the patent or
other intellectual property rights of any other entity. Apple and each
Contributor disclaim any liability to You for claims brought by any
other entity based on infringement of intellectual property rights or
otherwise. As a condition to exercising the rights and licenses
granted hereunder, You hereby assume sole responsibility to secure any
other intellectual property rights needed, if any. For example, if a
third party patent license is required to allow You to distribute the
Covered Code, it is Your responsibility to acquire that license before
distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive,
royalty-free license, under Your Applicable Patent Rights and other
intellectual property rights (other than patent) owned or controlled
by You, to use, reproduce, display, perform, modify, distribute and
Deploy Your Modifications of the same scope and extent as Apple's
licenses under Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
worldwide, royalty-free, perpetual and irrevocable license, under Your
Applicable Patent Rights and other intellectual property rights (other
than patent) owned or controlled by You, to use, reproduce, display,
perform, modify or have modified (for Apple and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form, through
multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In each such instance,
You must make sure the requirements of this License are fulfilled for
the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in
Section 2, no other patent rights, express or implied, are granted by
Apple herein. Modifications and/or Larger Works may require additional
patent licenses from Apple which Apple may grant in its sole
discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations and/or other
rights consistent with the scope of the license granted herein
("Additional Terms") to one or more recipients of Covered Code.
However, You may do so only on Your own behalf and as Your sole
responsibility, and not on behalf of Apple or any Contributor. You
must obtain the recipient's agreement that any such Additional Terms
are offered by You alone, and You hereby agree to indemnify, defend
and hold Apple and every Contributor harmless for any liability
incurred by or claims asserted against Apple or such Contributor by
reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new
versions of this License from time to time. Each version will be given
a distinguishing version number. Once Original Code has been published
under a particular version of this License, You may continue to use it
under the terms of that version. You may also choose to use such
Original Code under the terms of any subsequent version of this
License published by Apple. No one other than Apple has the right to
modify the terms applicable to Covered Code created under this
License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
part pre-release, untested, or not fully tested works. The Covered
Code may contain errors that could cause failures or loss of data, and
may be incomplete or contain inaccuracies. You expressly acknowledge
and agree that use of the Covered Code, or any portion thereof, is at
Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
You acknowledge that the Covered Code is not intended for use in the
operation of nuclear facilities, aircraft navigation, communication
systems, or air traffic control machines in which case the failure of
the Covered Code could lead to death, personal injury, or severe
physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
TO YOU. In no event shall Apple's total liability to You for all
damages (other than as may be required by applicable law) under this
License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac
OS X Server", "QuickTime", "QuickTime Streaming Server" or any other
trademarks or trade names belonging to Apple (collectively "Apple
Marks") or to any trademark or trade name belonging to any
Contributor. No Apple Marks may be used to endorse or promote products
derived from the Original Code other than as permitted by and in
strict compliance at all times with Apple's third party trademark
usage guidelines which are posted at
http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License,
each Contributor retains all rights, title and interest in and to any
Modifications made by such Contributor. Apple retains all rights,
title and interest in and to the Original Code and any Modifications
made by or on behalf of Apple ("Apple Modifications"), and such Apple
Modifications will not be automatically subject to this License. Apple
may, at its sole discretion, choose to license such Apple
Modifications under this License, or on different terms from those
contained in this License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section
13.5(b); or
(c) automatically without notice from Apple if You, at any time during
the term of this License, commence an action for patent infringement
against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately
stop any further use, reproduction, modification, sublicensing and
distribution of the Covered Code and to destroy all copies of the
Covered Code that are in your possession or control. All sublicenses
to the Covered Code which have been properly granted prior to
termination shall survive any termination of this License. Provisions
which, by their nature, should remain in effect beyond the termination
of this License shall survive, including but not limited to Sections
3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
for compensation, indemnity or damages of any sort solely as a result
of terminating this License in accordance with its terms, and
termination of this License will be without prejudice to any other
right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data rights in
the Covered Code include only those rights customarily provided to the
public as defined in this License. This customary commercial license
in technical data and software is provided in accordance with FAR
12.211 (Technical Data) and 12.212 (Computer Software) and, for
Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
Commercial Items) and 227.7202-3 (Rights in Commercial Computer
Software or Computer Software Documentation). Accordingly, all U.S.
Government End Users acquire Covered Code with only those rights set
forth herein.
13.2 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between or among You, Apple or any Contributor, and
You will not represent to the contrary, whether expressly, by
implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair
Apple's right to acquire, license, develop, have others develop for
it, market and/or distribute technology or products that perform the
same or similar functions as, or otherwise compete with,
Modifications, Larger Works, technology or products that You may
develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to
enforce any provision of this License will not be deemed a waiver of
future enforcement of that or any other provision. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion thereof,
to be unenforceable, that provision of the License will be enforced to
the maximum extent permissible so as to effect the economic benefits
and intent of the parties, and the remainder of this License will
continue in full force and effect. (b) Notwithstanding the foregoing,
if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the
enforceability of either of those Sections, this License will
immediately terminate and You must immediately discontinue any use of
the Covered Code and destroy all copies of it that are in your
possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in the
Northern District of California, and You and Apple hereby consent to
the personal jurisdiction of, and venue in, the state and federal
courts within that District with respect to this License. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
Reserved.
This file contains Original Code and/or Modifications of Original Code
as defined in and that are subject to the Apple Public Source License
Version 1.2 (the 'License'). You may not use this file except in
compliance with the License. Please obtain a copy of the License at
http://www.apple.com/publicsource and read it before using this file.
The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Please see the License for the specific language governing rights and
limitations under the License."
APPLE PUBLIC SOURCE LICENSE
Version 2.0 - August 6, 2003
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 2.0 ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License.
1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and
(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2 above.
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" or any other trademarks, service marks, logos or trade names belonging to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
Aptana Public License - 1.0
THE PROGRAM (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS APTANA PUBLIC LICENSE ("LICENSE"). THE PROGRAM IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. BY EXERCISING ANY RIGHTS TO THE PROGRAM PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
THIS LICENSE GRANTS PERMISSIONS ONLY FOR YOUR INTERNAL USE (AS DEFINED BELOW). IF YOU WISH TO DISTRIBUTE OR MAKE OTHER USES OF THE PROGRAM, PLEASE CONTACT APTANA.
1. Definitions. When used in this License:
"Aptana" means Aptana, Inc.
"Internal Use" means use by You for Your personal or internal business purposes only, specifically excluding any use, distribution, or communication of the Program or any derivative work of the Program in any way such that the Program or any derivative work of the Program may be used by anyone other than You, whether those works are distributed or communicated to those persons or otherwise made available for use over a network.
"Program" means the code and documentation owned by Aptana and distributed under this License by Aptana. In case of any doubt as to whether any code or documentation is part of the Program covered by this license, the notices placed by Aptana in the source code or documentation will govern
"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants
a) Subject to the terms and conditions of this License, Aptana hereby grants to You a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, install, and execute the Program in source code and object code form, in each case solely for Your Internal Use.
b) Subject to the terms and conditions of this License, Aptana hereby grants to You a worldwide, non-exclusive, royalty-free, patent license under Aptana's Licensed Patent Claims to make and use the Program in source code and object code form, in each case solely for Your Internal Use. As used herein, "Licensed Patent Claims" means only those patent claims owned by Aptana that are necessarily infringed by Your making and using the Program for Your Internal Use. Notwithstanding this Section 2.1(b), no patent license is granted: (i) for code that You delete from the Program or (ii) for infringements caused by: (1) the modification of the Program or (2) the combination of the Program with other software or devices.
3. Certain Limitations and Conditions
You are not licensed under this License to distribute the Program or derivative works thereof, or to make any use other than Internal Use of the Program or derivative works thereof.
You may not remove or alter any copyright or other proprietary rights notices, or other means of attribution, contained within the Program.
4. No Warranty
Aptana represents that to its knowledge as of the date of first publication of the Program under this License, it has sufficient copyright rights in the Program, to grant the copyright license set forth in this License.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, THE PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using and reproducing the Program and assume any and all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
Without limiting the foregoing, Aptana provides no assurances that the Program does not infringe the patent or other intellectual property rights of any third party. Aptana disclaims any liability for claims based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to use the Program, it is Your responsibility to acquire that license before using the Program.
5. Limitation of Liability
To the maximum extent permissible by applicable law, in no event and under no legal theory, whether in tort (including negligence and strict liability), contract, or otherwise, shall Aptana be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Program (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Aptana has been advised of the possibility of such damages.
6. General
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Except as expressly stated in Section 2 above, You receive no rights or licenses to the intellectual property of Aptana under this License, whether expressly, by implication, estoppel or otherwise. In particular, without limitation, this License does not grant permission to use the trade names, trademarks, service marks, or product names of Aptana. All rights in the Program not expressly granted under this License are reserved.
If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Program shall terminate as of the date such litigation is filed.
All Your rights under this License shall terminate if You fail to comply with any of the terms or conditions of this License and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Your rights under this License terminate, You agree to cease use of the Program as soon as reasonably practicable. However, Your obligations under this License, and this Section 6, shall continue and survive.
This Agreement is governed by the laws of the State of California and the intellectual property laws of the United States of America, without reference to conflicts of laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. No party to this License will bring a legal action under this License more than one year after the cause of action arose. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You exercise rights under this License.
Appcelerator GPL Exception
Section 7 Exception
As a special exception to the terms and conditions of the GNU General Public License Version 3 (the "GPL"): You are free to convey a modified version that is formed entirely from this file (for purposes of this exception, the "Program" under the GPL) and the works identified at http://www.aptana.com/legal/gpl (each an "Excepted Work"), which are conveyed to you by Appcelerator, Inc. and licensed under one or more of the licenses identified in the Excepted License List below (each an "Excepted License"), as long as:
1. you obey the GPL in all respects for the Program and the modified version, except for Excepted Works which are identifiable sections of the modified version, which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,
2. all Excepted Works which are identifiable sections of the modified version, which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,
1. are distributed subject to the Excepted License under which they were originally licensed, and
2. are not themselves modified from the form in which they are conveyed to you by Aptana, and
3. the object code or executable form of those sections are accompanied by the complete corresponding machine-readable source code for those sections, on the same medium as the corresponding object code or executable forms of those sections, and are licensed under the applicable Excepted License as the corresponding object code or executable forms of those sections, and
3. any works which are aggregated with the Program, or with a modified version on a volume of a storage or distribution medium in accordance with the GPL, are aggregates (as defined in Section 5 of the GPL) which can reasonably be considered independent and separate works in themselves and which are not modified versions of either the Program, a modified version, or an Excepted Work.
If the above conditions are not met, then the Program may only be copied, modified, distributed or used under the terms and conditions of the GPL or another valid licensing option from Appcelerator, Inc. Terms used but not defined in the foregoing paragraph have the meanings given in the GPL.
Arachni Public Source License
Version 1.0, June 2015
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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This piece of code does not have any registered copyright and is free to be
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Definition
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distributed by LLVM a perpetual, worldwide, non-exclusive, no-charge,
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Agreement, ARM hereby grants you and to recipients of the Software
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to make, have made, use, offer to sell, sell, import, and otherwise transfer
the Work, where such license applies only to those patent claims licensable
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Unless required by applicable law or agreed to in writing, the software is
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ARPHIC PUBLIC LICENSE
Copyright (C) 1999 Arphic Technology Co., Ltd.
11Fl. No.168, Yung Chi Rd., Taipei, 110 Taiwan
All rights reserved except as specified below.
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is forbidden.
Preamble
The licenses for most software are designed to take away your freedom to share and
change it. By contrast, the ARPHIC PUBLIC LICENSE specifically permits and
encourages you to use this software, provided that you give the recipients all the
rights that we gave you and make sure they can get the modifications of this
software.
Legal Terms
0. Definitions:
Throughout this License, "Font" means the TrueType fonts "AR PL Mingti2L Big5",
"AR PL KaitiM Big5" (BIG-5 character set) and "AR PL SungtiL GB", "AR PL KaitiM
GB" (GB character set) which are originally distributed by Arphic, and the
derivatives of those fonts created through any modification including modifying
glyph, reordering glyph, converting format, changing font name, or adding/deleting
some characters in/from glyph table.
"PL" means "Public License".
"Copyright Holder" means whoever is named in the copyright or copyrights for the
Font.
"You" means the licensee, or person copying, redistributing or modifying the Font.
"Freely Available" means that you have the freedom to copy or modify the Font as
well as redistribute copies of the Font under the same conditions you received,
not price. If you wish, you can charge for this service.
1. Copying & Distribution
You may copy and distribute verbatim copies of this Font in any medium, without
restriction, provided that you retain this license file (ARPHICPL.TXT) unaltered
in all copies.
2. Modification
You may otherwise modify your copy of this Font in any way, including modifying
glyph, reordering glyph, converting format, changing font name, or adding/deleting
some characters in/from glyph table, and copy and distribute such modifications
under the terms of Section 1 above, provided that the following conditions are
met:
a) You must insert a prominent notice in each modified file stating how and when
you changed that file.
b) You must make such modifications Freely Available as a whole to all third
parties under the terms of this License, such as by offering access to copy the
modifications from a designated place, or distributing the modifications on a
medium customarily used for software interchange.
c) If the modified fonts normally reads commands interactively when run, you must
cause it, when started running for such interactive use in the most ordinary way,
to print or display an announcement including an appropriate copyright notice and
a notice that there is no warranty (or else, saying that you provide a warranty)
and that users may redistribute the Font under these conditions, and telling the
user how to view a copy of this License.
These requirements apply to the modified work as a whole. If identifiable sections
of that work are not derived from the Font, and can be reasonably considered
independent and separate works in themselves, then this License and its terms, do
not apply to those sections when you distribute them as separate works. Therefore,
mere aggregation of another work not based on the Font with the Font on a volume
of a storage or distribution medium does not bring the other work under the scope
of this License.
3. Condition Subsequent
You may not copy, modify, sublicense, or distribute the Font except as expressly
provided under this License. Any attempt otherwise to copy, modify, sublicense or
distribute the Font will automatically retroactively void your rights under this
License. However, parties who have received copies or rights from you under this
License will keep their licenses valid so long as such parties remain in full
compliance.
4. Acceptance
You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to copy, modify, sublicense or
distribute the Font. These actions are prohibited by law if you do not accept this
License. Therefore, by copying, modifying, sublicensing or distributing the Font,
you indicate your acceptance of this License and all its terms and conditions.
5. Automatic Receipt
Each time you redistribute the Font, the recipient automatically receives a
license from the original licensor to copy, distribute or modify the Font subject
to these terms and conditions. You may not impose any further restrictions on the
recipients' exercise of the rights granted herein. You are not responsible for
enforcing compliance by third parties to this License.
6. Contradiction
If, as a consequence of a court judgment or allegation of patent infringement or
for any other reason (not limited to patent issues), conditions are imposed on you
(whether by court order, agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of this License. If you
cannot distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may not
distribute the Font at all. For example, if a patent license would not permit
royalty-free redistribution of the Font by all those who receive copies directly
or indirectly through you, then the only way you could satisfy both it and this
License would be to refrain entirely from distribution of the Font.
If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply and the
section as a whole is intended to apply in other circumstances.
7. NO WARRANTY
BECAUSE THE FONT IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE FONT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING
THE COPYRIGHT HOLDERS OR OTHER PARTIES PROVIDE THE FONT "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE FONT IS WITH YOU. SHOULD THE FONT
PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
8. DAMAGES WAIVER
UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, IN NO EVENT WILL ANY
COPYRIGHTT HOLDERS, OR OTHER PARTIES WHO MAY COPY, MODIFY OR REDISTRIBUTE THE FONT
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE FONT (INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION), EVEN IF SUCH
HOLDERS OR OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Array Input Method Public License
1. OBJECTS
Specification, design, and user interaction behavior designed for Array
Input Method.
All mapping tables and related information for Array Input Method.
2. GRANTING
License is granted, free of charge, to everyone if the conditions described
in PERMISSION AND RESPONSIBILITY are met.
3. PERMISSION AND RESPONSIBILITY
A. Permission:
1. Grant of copyright license
Subject to the terms and conditions of this License, every one is
granted a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable copyright license to reproduce, prepare Derivative Works
of, publicly display, publicly perform, sub-license, and distribute the
Work and such Derivative Works
2. Grant of patent license
No patent is issued for Array Input Method.
And the inventor will never claim patents for Array Input Method.
B. Responsibility:
1. While distributing the Array Input Method or derivative works
thereof, Licensee may choose to offer, and charge a fee for, acceptance
of support, warranty, indemnity, or other liability obligations and/or
rights consistent with this License. However, in accepting such
obligations, Licensee may act only on his own behalf and on his sole
responsibility, not on behalf of the licensor, and only if Licensee
agrees to indemnify, defend, and hold the licensor harmless for any
liability incurred by, or claims asserted against, the licensor by
reason of Licensee's accepting any such warranty or additional liability.
4. CLAIM FROM LICENSOR
This license is issued by the original inventor and copyright holder of
Array Input Method, who owns the full and original rights to the Array
Input Method.
This license is the formal license for Array Input Method. A licensee does
not need to request additional license documentation from the licensor.
ISSUED DATE: 2010/11/24
BY LICENSOR: Inventor of Array Input Method, Ming-Te Liao, 廖明德
REVISE DATE: 2011/12/20
Delete clause 3-B-2. “…the licensee must inform the original author of Array Input Method…”
REVISE DATE: 2013/07/05
Replaced B-1, Due to some vague wording problem in this section, replace "hold
everyone else harmless”with “hold the licensor harmless” etc. , the original text was :
“1. Licensee may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this License. However, in accepting such
obligations, licensee may act only on his own behalf and on his sole responsibility, not on behalf of
anyone else, and only if the licensee agrees toindemnify, defend, and hold everyone else harmless
for any liability incurred by, or claims asserted against, such everyone else by reason of licensee's
accepting any such warranty or additional liability.
Preamble
The intent of this document is to state the conditions under which a Package may
be copied, such that the Copyright Holder maintains some semblance of artistic
control over the development of the package, while giving the users of the
package the right to use and distribute the Package in a more-or-less customary
fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder,
and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has
been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for the
package.
"You" is you, if you're thinking about copying or distributing this Package.
"Reasonable copying fee" is whatever you can justify on the basis of media cost,
duplication charges, time of people involved, and so on. (You will not be
required to justify it to the Copyright Holder, but only to the computing
community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though
there may be fees involved in handling the item. It also means that recipients
of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard
Version of this Package without restriction, provided that you duplicate all of
the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived
from the Public Domain or from the Copyright Holder. A Package modified in such
a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided that
you insert a prominent notice in each changed file stating how and when you
changed that file, and provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise make them Freely
Available, such as by posting said modifications to Usenet or an equivalent
medium, or placing the modifications on a major archive site such as ftp.uu.net,
or by allowing the Copyright Holder to include your modifications in the
Standard Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict with
standard executables, which must also be provided, and provide a separate manual
page for each non-standard executable that clearly documents how it differs from
the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or executable
form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files, together
with instructions (in the manual page or equivalent) on where to get the
Standard Version.
b) accompany the distribution with the machine-readable source of the Package
with your modifications.
c) accompany any non-standard executables with their corresponding Standard
Version executables, giving the non-standard executables non-standard names, and
clearly documenting the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this Package.
You may charge any fee you choose for support of this Package. You may not
charge a fee for this Package itself. However, you may distribute this Package
in aggregate with other (possibly commercial) programs as part of a larger
(possibly commercial) software distribution provided that you do not advertise
this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as output from
the programs of this Package do not automatically fall under the copyright of
this Package, but belong to whomever generated them, and may be sold
commercially, and may be aggregated with this Package.
7. C or perl subroutines supplied by you and linked into this Package shall not
be considered part of this Package.
8.Aggregation of this Package with a commercial distribution is always permitted
provided that the use of this Package is embedded; that is, when no overt
attempt is made to make this Package's interfaces visible to the end user of the
commercial distribution. Such use shall not be construed as a distribution of
this Package.
9. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
Preamble
The intent of this document is to state the conditions under which a Package may
be copied, such that the Copyright Holder maintains some semblance of artistic
control over the development of the package, while giving the users of the
package the right to use and distribute the Package in a more-or-less customary
fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder,
and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has
been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for the
package.
"You" is you, if you're thinking about copying or distributing this Package.
"Reasonable copying fee" is whatever you can justify on the basis of media cost,
duplication charges, time of people involved, and so on. (You will not be
required to justify it to the Copyright Holder, but only to the computing
community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though
there may be fees involved in handling the item. It also means that recipients
of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard
Version of this Package without restriction, provided that you duplicate all of
the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived
from the Public Domain or from the Copyright Holder. A Package modified in such
a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided that
you insert a prominent notice in each changed file stating how and when you
changed that file, and provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise make them Freely
Available, such as by posting said modifications to Usenet or an equivalent
medium, or placing the modifications on a major archive site such as ftp.uu.net,
or by allowing the Copyright Holder to include your modifications in the
Standard Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict with
standard executables, which must also be provided, and provide a separate manual
page for each non-standard executable that clearly documents how it differs from
the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or executable
form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files, together
with instructions (in the manual page or equivalent) on where to get the
Standard Version.
b) accompany the distribution with the machine-readable source of the Package
with your modifications.
c) accompany any non-standard executables with their corresponding Standard
Version executables, giving the non-standard executables non-standard names, and
clearly documenting the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this Package.
You may charge any fee you choose for support of this Package. You may not
charge a fee for this Package itself. However, you may distribute this Package
in aggregate with other (possibly commercial) programs as part of a larger
(possibly commercial) software distribution provided that you do not advertise
this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as output from
the programs of this Package do not automatically fall under the copyright of
this Package, but belong to whomever generated them, and may be sold
commercially, and may be aggregated with this Package.
7. C or perl subroutines supplied by you and linked into this Package shall not
be considered part of this Package.
8. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The Artistic License 2.0
Copyright (c) 2000-2006, The Perl Foundation.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
This license establishes the terms under which a given free software
Package may be copied, modified, distributed, and/or redistributed.
The intent is that the Copyright Holder maintains some artistic
control over the development of that Package while still keeping the
Package available as open source and free software.
You are always permitted to make arrangements wholly outside of this
license directly with the Copyright Holder of a given Package. If the
terms of this license do not permit the full use that you propose to
make of the Package, you should contact the Copyright Holder and seek
a different licensing arrangement.
Definitions
"Copyright Holder" means the individual(s) or organization(s)
named in the copyright notice for the entire Package.
"Contributor" means any party that has contributed code or other
material to the Package, in accordance with the Copyright Holder's
procedures.
"You" and "your" means any person who would like to copy,
distribute, or modify the Package.
"Package" means the collection of files distributed by the
Copyright Holder, and derivatives of that collection and/or of
those files. A given Package may consist of either the Standard
Version, or a Modified Version.
"Distribute" means providing a copy of the Package or making it
accessible to anyone else, or in the case of a company or
organization, to others outside of your company or organization.
"Distributor Fee" means any fee that you charge for Distributing
this Package or providing support for this Package to another
party. It does not mean licensing fees.
"Standard Version" refers to the Package if it has not been
modified, or has been modified only in ways explicitly requested
by the Copyright Holder.
"Modified Version" means the Package, if it has been changed, and
such changes were not explicitly requested by the Copyright
Holder.
"Original License" means this Artistic License as Distributed with
the Standard Version of the Package, in its current version or as
it may be modified by The Perl Foundation in the future.
"Source" form means the source code, documentation source, and
configuration files for the Package.
"Compiled" form means the compiled bytecode, object code, binary,
or any other form resulting from mechanical transformation or
translation of the Source form.
Permission for Use and Modification Without Distribution
(1) You are permitted to use the Standard Version and create and use
Modified Versions for any purpose without restriction, provided that
you do not Distribute the Modified Version.
Permissions for Redistribution of the Standard Version
(2) You may Distribute verbatim copies of the Source form of the
Standard Version of this Package in any medium without restriction,
either gratis or for a Distributor Fee, provided that you duplicate
all of the original copyright notices and associated disclaimers. At
your discretion, such verbatim copies may or may not include a
Compiled form of the Package.
(3) You may apply any bug fixes, portability changes, and other
modifications made available from the Copyright Holder. The resulting
Package will still be considered the Standard Version, and as such
will be subject to the Original License.
Distribution of Modified Versions of the Package as Source
(4) You may Distribute your Modified Version as Source (either gratis
or for a Distributor Fee, and with or without a Compiled form of the
Modified Version) provided that you clearly document how it differs
from the Standard Version, including, but not limited to, documenting
any non-standard features, executables, or modules, and provided that
you do at least ONE of the following:
(a) make the Modified Version available to the Copyright Holder
of the Standard Version, under the Original License, so that the
Copyright Holder may include your modifications in the Standard
Version.
(b) ensure that installation of your Modified Version does not
prevent the user installing or running the Standard Version. In
addition, the Modified Version must bear a name that is different
from the name of the Standard Version.
(c) allow anyone who receives a copy of the Modified Version to
make the Source form of the Modified Version available to others
under
(i) the Original License or
(ii) a license that permits the licensee to freely copy,
modify and redistribute the Modified Version using the same
licensing terms that apply to the copy that the licensee
received, and requires that the Source form of the Modified
Version, and of any works derived from it, be made freely
available in that license fees are prohibited but Distributor
Fees are allowed.
Distribution of Compiled Forms of the Standard Version
or Modified Versions without the Source
(5) You may Distribute Compiled forms of the Standard Version without
the Source, provided that you include complete instructions on how to
get the Source of the Standard Version. Such instructions must be
valid at the time of your distribution. If these instructions, at any
time while you are carrying out such distribution, become invalid, you
must provide new instructions on demand or cease further distribution.
If you provide valid instructions or cease distribution within thirty
days after you become aware that the instructions are invalid, then
you do not forfeit any of your rights under this license.
(6) You may Distribute a Modified Version in Compiled form without
the Source, provided that you comply with Section 4 with respect to
the Source of the Modified Version.
Aggregating or Linking the Package
(7) You may aggregate the Package (either the Standard Version or
Modified Version) with other packages and Distribute the resulting
aggregation provided that you do not charge a licensing fee for the
Package. Distributor Fees are permitted, and licensing fees for other
components in the aggregation are permitted. The terms of this license
apply to the use and Distribution of the Standard or Modified Versions
as included in the aggregation.
(8) You are permitted to link Modified and Standard Versions with
other works, to embed the Package in a larger work of your own, or to
build stand-alone binary or bytecode versions of applications that
include the Package, and Distribute the result without restriction,
provided the result does not expose a direct interface to the Package.
Items That are Not Considered Part of a Modified Version
(9) Works (including, but not limited to, modules and scripts) that
merely extend or make use of the Package, do not, by themselves, cause
the Package to be a Modified Version. In addition, such works are not
considered parts of the Package itself, and are not subject to the
terms of this license.
General Provisions
(10) Any use, modification, and distribution of the Standard or
Modified Versions is governed by this Artistic License. By using,
modifying or distributing the Package, you accept this license. Do not
use, modify, or distribute the Package, if you do not accept this
license.
(11) If your Modified Version has been derived from a Modified
Version made by someone other than you, you are nevertheless required
to ensure that your Modified Version complies with the requirements of
this license.
(12) This license does not grant you the right to use any trademark,
service mark, tradename, or logo of the Copyright Holder.
(13) This license includes the non-exclusive, worldwide,
free-of-charge patent license to make, have made, use, offer to sell,
sell, import and otherwise transfer the Package with respect to any
patent claims licensable by the Copyright Holder that are necessarily
infringed by the Package. If you institute patent litigation
(including a cross-claim or counterclaim) against any party alleging
that the Package constitutes direct or contributory patent
infringement, then this Artistic License to you shall terminate on the
date that such litigation is filed.
(14) Disclaimer of Warranty:
THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS
IS' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT ARE DISCLAIMED TO THE EXTENT PERMITTED BY YOUR LOCAL
LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER OR CONTRIBUTOR WILL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Clarified Artistic License
Preamble
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder as specified below.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Distribution fee" is a fee you charge for providing a copy
of this Package to another party.
"Freely Available" means that no fee is charged for the right to
use the item, though there may be fees involved in handling the
item. It also means that recipients of the item may redistribute
it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain, or those made Freely Available, or from
the Copyright Holder. A Package modified in such a way shall still be
considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and
when you changed that file, and provided that you do at least ONE of the
following:
a) place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or an
equivalent medium, or placing the modifications on a major network
archive site allowing unrestricted access to them, or by allowing the
Copyright Holder to include your modifications in the Standard Version
of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide
a separate manual page for each non-standard executable that clearly
documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
e) permit and encourge anyone who receives a copy of the modified Package
permission to make your modifications Freely Available
in some specific way.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) accompany the distribution with the machine-readable source of
the Package with your modifications.
c) give non-standard executables non-standard names, and clearly
document the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
e) offer the machine-readable source of the Package, with your
modifications, by mail order.
5. You may charge a distribution fee for any distribution of this Package.
If you offer support for this Package, you may charge any fee you choose
for that support. You may not charge a license fee for the right to use
this Package itself. You may distribute this Package in aggregate with
other (possibly commercial and possibly nonfree) programs as part of a
larger (possibly commercial and possibly nonfree) software distribution,
and charge license fees for other parts of that software distribution,
provided that you do not advertise this Package as a product of your own.
If the Package includes an interpreter, You may embed this Package's
interpreter within an executable of yours (by linking); this shall be
construed as a mere form of aggregation, provided that the complete
Standard Version of the interpreter is so embedded.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall
under the copyright of this Package, but belong to whoever generated
them, and may be sold commercially, and may be aggregated with this
Package. If such scripts or library files are aggregated with this
Package via the so-called "undump" or "unexec" methods of producing a
binary executable image, then distribution of such an image shall
neither be construed as a distribution of this Package nor shall it
fall under the restrictions of Paragraphs 3 and 4, provided that you do
not represent such an executable image as a Standard Version of this
Package.
7. C subroutines (or comparably compiled subroutines in other
languages) supplied by you and linked into this Package in order to
emulate subroutines and variables of the language defined by this
Package shall not be considered part of this Package, but are the
equivalent of input as in Paragraph 6, provided these subroutines do
not change the language in any way that would cause it to fail the
regression tests for the language.
8. Aggregation of the Standard Version of the Package with a commercial
distribution is always permitted provided that the use of this Package
is embedded; that is, when no overt attempt is made to make this Package's
interfaces visible to the end user of the commercial distribution.
Such use shall not be construed as a distribution of this Package.
9. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The "Artistic License"
Preamble
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the Package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.
It also grants you the rights to reuse parts of a Package in your own
programs without transferring this License to those programs, provided
that you meet some reasonable requirements.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder as specified below.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people involved,
and so on. (You will not be required to justify it to the
Copyright Holder, but only to the computing community at large
as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A Package
modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and
when you changed that file, and provided that you do at least ONE of the
following:
a) place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or
an equivalent medium, or placing the modifications on a major archive
site such as uunet.uu.net, or by allowing the Copyright Holder to include
your modifications in the Standard Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide
a separate manual page for each non-standard executable that clearly
documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) accompany the distribution with the machine-readable source of
the Package with your modifications.
c) give non-standard executables non-standard names, and clearly
document the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this
Package. You may charge any fee you choose for support of this
Package. You may not charge a fee for this Package itself. However,
you may distribute this Package in aggregate with other (possibly
commercial) programs as part of a larger (possibly commercial) software
distribution provided that you do not advertise this Package as a
product of your own.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall
under the copyright of this Package, but belong to whoever generated
them, and may be sold commercially, and may be aggregated with this
Package. If such scripts or library files are aggregated with this
Package via the so-called "undump" or "unexec" methods of producing a
binary executable image, then distribution of such an image shall
neither be construed as a distribution of this Package nor shall it
fall under the restrictions of Paragraphs 3 and 4, provided that you do
not represent such an executable image as a Standard Version of this
Package.
7. You may reuse parts of this Package in your own programs, provided that
you explicitly state where you got them from, in the source code (and, left
to your courtesy, in the documentation), duplicating all the associated
copyright notices and disclaimers. Besides your changes, if any, must be
clearly marked as such. Parts reused that way will no longer fall under this
license if, and only if, the name of your program(s) have no immediate
connection with the name of the Package itself or its associated programs.
You may then apply whatever restrictions you wish on the reused parts or
choose to place them in the Public Domain--this will apply only within the
context of your package.
8. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The "Artistic License"
Preamble
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder as specified below.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people involved,
and so on. (You will not be required to justify it to the
Copyright Holder, but only to the computing community at large
as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A Package
modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and
when you changed that file, and provided that you do at least ONE of the
following:
a) place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or
an equivalent medium, or placing the modifications on a major archive
site such as uunet.uu.net, or by allowing the Copyright Holder to include
your modifications in the Standard Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide
a separate manual page for each non-standard executable that clearly
documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) accompany the distribution with the machine-readable source of
the Package with your modifications.
c) give non-standard executables non-standard names, and clearly
document the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this
Package. You may charge any fee you choose for support of this
Package. You may not charge a fee for this Package itself. However,
you may distribute this Package in aggregate with other (possibly
commercial) programs as part of a larger (possibly commercial) software
distribution provided that you do not advertise this Package as a
product of your own. You may embed this Package's interpreter within
an executable of yours (by linking); this shall be construed as a mere
form of aggregation, provided that the complete Standard Version of the
interpreter is so embedded.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall
under the copyright of this Package, but belong to whoever generated
them, and may be sold commercially, and may be aggregated with this
Package. If such scripts or library files are aggregated with this
Package via the so-called "undump" or "unexec" methods of producing a
binary executable image, then distribution of such an image shall
neither be construed as a distribution of this Package nor shall it
fall under the restrictions of Paragraphs 3 and 4, provided that you do
not represent such an executable image as a Standard Version of this
Package.
7. C subroutines (or comparably compiled subroutines in other
languages) supplied by you and linked into this Package in order to
emulate subroutines and variables of the language defined by this
Package shall not be considered part of this Package, but are the
equivalent of input as in Paragraph 6, provided these subroutines do
not change the language in any way that would cause it to fail the
regression tests for the language.
8. Aggregation of this Package with a commercial distribution is always
permitted provided that the use of this Package is embedded; that is,
when no overt attempt is made to make this Package's interfaces visible
to the end user of the commercial distribution. Such use shall not be
construed as a distribution of this Package.
9. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
Any Source Available License 1.0
This license contains the terms and conditions under which Any Association makes available its Software. Your use of the Software is subject to these terms and conditions.
Any Association grants you (“Licensee”) a license to use, modify, and redistribute the Software, but only (a) for Non-Commercial Use, or (b) for Commercial Use in Allowed Networks.
If Licensee makes available a copy of the Software to any third party, the Software must be subject to the terms of this license only, and Licensee must provide a copy of this license to that third party. If Licensee makes changes or additions to the Software, Licensee may license those changes or additions under terms of your choice, but Licensee cannot change the license for the Software.
These terms do not allow Licensee to sublicense or transfer any of Licensee’s rights to anyone else. These terms do not imply any other licenses not expressly granted in this license.
If Licensee violates any of these terms, or uses the Software in a way not authorized under this license, the license granted to Licensee ends immediately. If Licensee makes, or authorizes any other person to make, any written claim that the Software, or any other Any Association Product, infringes or contributes to infringement of any patent, all rights granted to Licensee under this license end immediately.
As far as the law allows, the Software is provided AS IS, without any warranty or condition, and Any Association will not be liable to Licensee for any damages arising out of these terms or the use or nature of the Software, under any kind of legal claim.
Terms in this license are used as follows:
A “Any Association Product” is any product or service offered by Any Association or its affiliates.
“Non-Commercial Use” means personal, academic, scientific, or research and development use, or evaluating the Software, but does not include uses where the Software facilitates any transaction of economic value other than on Allowed Networks.
Any use that is not a Non-Commercial Use is a “Commercial Use.”
“Allowed Networks” (https://networks.any.coop) are the networks, identified by their unique ids, names, or list of nodes, that are expressly authorized by Any Association, to which the Software may send requests. Any Association may add networks to this list, and, upon reasonable notice, remove networks from it.
To “use” means any use, modification, distribution or other exploitation of the Software or any part of it.
Ascender Corporation End User License Agreement
Note: Click here for more information on various font license options, including multi-workstation licenses, enterprise-wide licenses, and application server licenses.
This Ascender Corporation End User Agreement (the "Agreement") becomes a binding contract between you and Ascender Corporation when you click on the area marked "OK" or "I Accept." If you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use (as defined herein) of the Font Software (as defined herein) supplied to you by Ascender is governed by the Agreement.
2. "Ascender" as used herein shall mean collectively Ascender Corporation, its authorized distributors and suppliers.
3. "Font Software" as used herein shall mean software which, when used on an appropriate device, generates the typefaces. Font Software includes all bitmap representations of the typeface designs. Font Software includes permitted copies, and related documentation.
4. "Licensed Computers" as used herein shall mean five (5) personal computers, unless you specifically purchased the right from Ascender to use the Font Software on more than five (5) personal computers. If you intend to use the Font Software on more than five (5) personal computers, you may obtain a license from Ascender (or its authorized distributor) for an additional fee. Your receipt will serve as your record of the number of personal computers for which you are licensed to use the Font Software.
5. "Use" of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
6. "Personal or Internal Business Use" shall mean Use of the Font Software for your customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font Software. "Personal or Internal Business Use" shall not include any Use of the Font Software by persons that are not members of your immediate household, your authorized employees, or your authorized agents.
7. "Commercial Product" as used herein shall mean an electronic document or data file created by Use of the Font Software which is offered for distribution as a commercial product in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, an electronic book or magazine distributed for a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the consideration is unrelated to such document (for example, a business letter, a ticket for an event, or a receipt for purchase of tangible goods such as clothing) shall not be considered a Commercial Product.
8. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the Font Software (i) only in a Licensed Computer, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Ascender owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Ascender and that any intentional Use of the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Ascender. You may not use or include the Font Software as part of a Commercial Product, or any other hardware or software product, without a separate license from Ascender authorizing you to do so.
9. You may install and Use the Font Software on a single file server for Use on a single local area network ("LAN") only when the Use of such Font Software is limited to the number of Licensed Computers for which you have a license. The Font Software may not be installed or Used on a server that can be accessed via the Internet or other external network system (a system other than a LAN) by personal computers which are not Licensed Computers, unless you acquire a license from Ascender granting you this specific right.
10. You may electronically distribute Font Software embedded in a "Personal or Internal Business Use" document (that is, a document other than a "Commercial Product" as defined herein) only when the Font Software embedded in such document is distributed in a secure format that permits only the viewing, printing and editing (and not the installing) of such Font Software. You may not embed Font Software in a Commercial Product without a separate written license from Ascender, for an additional fee. You may not alter or modify the embedding permission contained within the Font Software.
11. You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Font Software as you would any other copyrighted material, such as a book. You may not copy the Font Software, except as expressly provided herein and you agree not to copy the design embodied within the Font Software. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create any derivative works from Font Software or any portion thereof. You further agree not to use Font Software in connection with software and/or hardware which creates any derivative works of such Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Font Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this proviso, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by Ascender upon written request). You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of the trademark owner. You may not change any trademark or trade name designation for the Font Software.
12. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that upon request from Ascender or Ascender's authorized representative, you will with thirty (30) days fully document and certify that use of any and all Ascender Font Software at the time of the request is in conformity with your valid licenses from Ascender.
13. You may make one back-up copy of Font Software for archival purposes only, and you shall retain exclusive custody and control over such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.
14. Ascender warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a warranty claim, you must, within the ninety (90) day warranty period, return the Font Software to the location from which you obtained it along with a copy of your receipt or, if such Font Software is acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software so as to enable Ascender to verify the existence and date of the transaction. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Ascender to obtain delivery of the Font Software. ASCENDER DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ASCENDER'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Ascender MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ASCENDER BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF ASCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF ASCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Ascender's liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is nonreturnable and nonrefundable.
15. The Agreement will be governed by the laws of Illinois applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Circuit Court of Cook County, Illinois, U.S.A. or the United States District Court for the Northern District of Illinois, Chicago, Illinois U.S.A. Both you and Ascender agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
16. The Agreement shall automatically terminate upon failure by you (or any authorized person or member of your immediate household to whom you have given permission to Use the Font Software) to comply with its terms. The termination of the Agreement shall not preclude Ascender from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Ascender. You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
17. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Ascender or by an authorized dealer acting on behalf of Ascender.
18. If this product is acquired under the terms of a (i) GSA contract: use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract: use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract: use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.
Monotype Imaging Inc. (USA)
25 Northwest Point Blvd, Suite 525
Elk Grove Village, IL 60007
United States
Phone: +1 (847) 631-1100
For Font Licensing Inquiries - Option 2
Office Hours: 9AM – 5PM Monday - Friday
http://www.ascendercorp.com
"Ascender" is a trademark of Ascender Corporation registered in the U.S. Patent and Trademark Office and elsewhere. All other trademarks are the property of their respective owners. All trademarks and copyrights are property of their respective owners.
Revised 27 February, 2007
Ascender Corp. Web Fonts Agreement
ASCENDER CORPORATION “WEB FONT SOFTWARE” LICENSE & SERVICES AGREEMENT
This Ascender Corporation Web Font Software License & Services Agreement (the “Agreement”) becomes a binding contract between you and Ascender Corporation when you click on the area marked “OK” or “I Accept.” If you do not wish to be bound by this Agreement, you cannot use the Web Font Software. Please read this entire Agreement before you agree to be bound by its terms and conditions.
You hereby agree to the following:
1. For the avoidance of doubt, (i) the Web Font Software will be hosted by Ascender through Ascender’s Services, (ii) the initial term of this Agreement is one (1) year, unless you elected the 30 day free trial (in which case the term is thirty (30) days and is non-renewable unless upgraded to a paid one (1) year term), (iii) you have the option of renewing this Agreement annually by paying an additional annual license fee for each year for which you wish to renew the Agreement, and (iv) you agree that the annual license fee for the utilization of the Web Font Software and the Services is based upon the usage of the Web Font Software by your Web Site and that Ascender shall have the right to increase your license fee if your usage exceeds the allowed levels. Refer to www.ascenderfonts.com for further information about the usage based license fees.
You are bound by this Agreement and you acknowledge that all Use (as defined herein) of the Web Font Software (as defined herein) supplied to you by Ascender is governed by this Agreement.
4. “Application” as used herein shall mean any software program which allows an End-User to create a document or file or to change the selection of Web Font Software or any other font software used in any document or file, including but not limited to server pages, web pages, documents and/or web-based documents. For the avoidance of doubt, an Application would allow an End-User to change a font used in a document from Arial to Times New Roman.
5. “Ascender” as used herein shall mean collectively Ascender Corporation, any authorized distributors and its suppliers.
6. “End-User” as used herein shall mean any individual who is allowed to view your web pages on such End-User’s workstation, computer or device, either over an internal network or over the Internet.
7. “Web Font Software” as used herein shall mean font software made available through the Services by Ascender in the necessary formats, as determined solely by Ascender, for use with Supported Browsers. Web Font Software includes all copies of the Web Font Software used in conjunction with the rendering of web pages, including copies which are temporarily cached on End-User workstations, computers and devices and bitmap renderings of the typeface designs generated on End-User workstations, computers and devices.
8. “Server” as used herein shall mean a computer which hosts your Web Site and which makes services, such as access to data files, information and programs (including your web pages) available to End-Users on an internal network or over the Internet.
9. “Services” as used herein shall mean the Ascender Web Font Software hosting service which permits you to incorporate code into your CSS which will result in the Web Font Software being temporarily downloaded by Ascender to End-User workstations, computers or devices in conjunction with the viewing of web pages from your Web Site by utilizing the ‘@font-face’ rule specified in the cascading style sheets specification (“CSS”) set forth on the www.W3.org website as of the date of this Agreement. The Services are hosted on Microsoft Corporation’s Windows Azure cloud based system which commits to a 99.9% availability. Ascender is not liable for any performance or availability issues due to factors which are outside of Ascender’s reasonable control.
10. “Supported Browsers” as used herein shall mean those browsers which make use of the ‘@font-face’ rule specified in the CSS specification set forth on the www.W3.org website as of the date of this Agreement and which supports the use of either the EOT, WOFF, SVG or Ascender’s web font specific TrueType font formats.
11. “Web Site” as used herein shall be the web site identified by you in your account at ascenderfonts.com; (i) which utilizes the Ascender hosted Web Font Software in its web pages through the use of the Services, (ii) which does not in any way enable the permanent installation of the Web Font Software by End-Users on any workstation, computer and other electronic device, and (iii) which reasonably restricts access to Web Font Software from use in any way by web pages or any document not originating from your Web Site (For example; by using referrer checking to prevent hotlinking or deeplinking).
12. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to create web pages which utilize the Web Font Software through the Services to render your web pages on End-Users workstations, computers or devices. You may NOT use the Web Font Software as part of or in conjunction with any Application. The rights set forth in this Section 11 are granted only subject to all of the terms and conditions of the Agreement. You have no rights to the Web Font Software other than as expressly set forth in the Agreement.
13. The Services are billed in advance and are non-refundable. There is no refund for a downgrade or for any termination of Services, for any reason. You may cancel the Services or any portion of the Services at any time, however no refund will be issued if you cancel. If you cancel your Services before the end of the annual period, your credit card will not be charged again. When you pay for an upgrade from the free trial, the free trial service shall terminate. Ascender reserves the right to suspend or terminate your Services and refuse any and all current or future use by you of the Services, for any reason at any time.
14. If you exceed your monthly allotted bandwidth, Ascender will notify you by email. If you exceed your bandwidth by more than 25% for two continuous months, or by more than 50% in any month, Ascender reserves the right to upgrade your account to the next bandwidth level. If Ascender upgrades your Services as a result of your exceeding your monthly allotted bandwidth, Ascender will charge your credit card for the difference between the original license fee and the new annual license fee for the bandwidth level for the Services. For any changes which are made to your Services, the credit card you provided will be charged, or you can supply a new credit card.
15. You agree that Ascender (or its licensors) owns all right, title and interest in and to the Web Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Web Font Software, its structure, organization, code, and related files are valuable property of Ascender and that any intentional Use of the Web Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Ascender.
16. You acknowledge that the Web Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Web Font Software as you would any other copyrighted material, such as a book. You may not copy the Web Font Software, except as expressly provided herein and you agree not to copy the design embodied within the Web Font Software. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Web Font Software. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Web Font Software, or to create any derivative works from Web Font Software or any portion thereof. You further agree not to use Web Font Software in connection with software and/or hardware which creates any derivative works of such Web Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Web Font Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this proviso, you may reverse engineer or decompile the Web Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by Ascender upon written request). You agree to use trademarks associated with the Web Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Web Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of the trademark owner. You may not change any trademark or trade name designation for the Web Font Software.
17. You agree not to attempt to access or use the Web Font Software, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Web Font Software to another person or legal entity provided that (i) the transferee establishes an account on www.ascenderfonts.com and accepts and agrees to be bound by all the terms and conditions of this Agreement
18. Ascender warrants to you that the Web Font Software will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the CSS specification set forth on the www.W3.org website as of the date of this Agreement. Ascender will use commercially reasonable efforts to provide support. To make a warranty claim, you must contact Ascender with sufficient information regarding your claim in a timely fashion. If the Web Font Software does not perform substantially in accordance with the specifications, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Ascender to obtain use of the Web Font Software. ASCENDER DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEB FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ASCENDER’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ASCENDER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ASCENDER BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF ASCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF ASCENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Ascender’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Web Font Software is nonreturnable and nonrefundable.
19. The Agreement will be governed by the laws of Illinois applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Circuit Court of Cook County, Illinois, U.S.A. or the United States District Court for the Northern District of Illinois, Chicago, Illinois U.S.A. Both you and Ascender agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
20. If you violate any of the terms of this Agreement, Ascender may, at our sole discretion, terminate this Agreement and the Services. The Agreement shall automatically terminate upon failure by you to comply with its terms. The termination of the Agreement shall not preclude Ascender from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Ascender. You agree that you will not attempt to export or transfer the Web Font Software to any country into which such transfer is prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
21. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Web Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Ascender or by an authorized dealer acting on behalf of Ascender.
22. If this product is acquired under the terms of a (i) GSA contract: use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract: use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract: use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.
Ascender Corporation
25 Northwest Point Blvd. Suite 225
Elk Grove Village, IL 60007
Phone 847-357-0730
www.ascendercorp.com
“Ascender” is a trademark of Ascender Corporation registered in the U.S. Patent and Trademark Office and elsewhere. All other trademarks are the property of their respective owners. All trademarks and copyrights are property of their respective owners.
Revised 17 May 2010
Artop Software License for Preparatory Development (ASLP)
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ARTOP SOFTWARE LICENSE FOR PREPARATORY DEVELOPMENT (ASLP) ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Affiliated Company" means, with respect to any party, any other legal entity that, directly, or indirectly, controls, or is controlled by or is under common control with, such party. For purposes of this definition, "control" (including the terms "controlling," "controlled by" and "under common control with"), as used with respect to such party, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of such party through the majority ownership of voting securities. Any Affiliated Company shall not be deemed as third party in this ASLP.
"AUTOSAR" means a system architecture that is standardized by the AUTOSAR development cooperation.
"AUTOSAR Associate Partner" means a party committed to the commercial exploitation of AUTOSAR, which is effectively bound to the terms of an AUTOSAR Associate Partner agreement.
"AUTOSAR Core Partner" means a party which is effectively bound to the terms of the AUTOSAR development agreement.
"AUTOSAR Development License" means the license granted by the AUTOSAR development cooperation for the development of future AUTOSAR releases as defined in the respective AUTOSAR agreement. For example such a license is only granted to current AUTOSAR Core Partners, AUTOSAR Premium Partners and AUTOSAR Development Partners.
"AUTOSAR Development Material" means a general term for preparatory documents and specifications (including AUTOSAR Released Materials) that are used by the AUTOSAR development cooperation for the development of future AUTOSAR releases also including already released materials. The use of AUTOSAR Development Materials and the contained intellectual property is regulated by the AUTOSAR Development License and other AUTOSAR regulations.
"AUTOSAR Development Partner" means a party interested in the development and/or committed to the commercial exploitation of AUTOSAR, which is effectively bound to the terms of an AUTOSAR Development Partner agreement.
"AUTOSAR Exploitation License" means the license granted by the AUTOSAR development cooperation for the automotive exploitation of AUTOSAR as defined in the respective AUTOSAR agreement. For example such a license is granted to current AUTOSAR Core Partners, AUTOSAR Premium Partners, AUTOSAR Development Partners and AUTOSAR Associate Partners.
"AUTOSAR Premium Partner" means a party interested in the development and/or committed to the commercial exploitation of AUTOSAR, which is effectively bound to the terms of an AUTOSAR Premium Partner agreement.
"AUTOSAR Released Material" means a general term for documents and specifications that are officially released by the AUTOSAR development cooperation. The use of AUTOSAR Released Material and the contained intellectual property is regulated by the AUTOSAR Exploitation License and other AUTOSAR regulations.
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this License, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any party that has an AUTOSAR Development License that distributes or provides Contributions to the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this License.
"Recipient" means any party that has an AUTOSAR Development License that receives the Program under this License, including all Contributors.
2. GRANT OF RIGHTS
Grant of Rights by Contributor to Recipient
a) Copyright License
Subject to the terms of this License, each Contributor hereby grants Recipient a nonexclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, display, perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Patent License
Subject to the terms of this License, each Contributor hereby grants Recipient a nonexclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Licensing under the Terms of the Artop Software License Based on AUTOSAR Released Material (ASLR)
Subject to the terms of this License, each Contributor hereby grants Recipient the right to license the Program to third parties under the terms of the ASLR, provided that:
(i) the AUTOSAR Development Materials used in the Program have been officially released entirely or partially by the AUTOSAR development cooperation;
(ii) Recipient removes parts of the Program that have not been officially released by the AUTOSAR development cooperation as required by AUTOSAR regulations.
The AUTOSAR development cooperation is not obliged to use the entire set of AUTOSAR Development Materials for an official release. AUTOSAR Released Materials can be based on subsets of the AUTOSAR Development Materials.
d) Third Party Intellectual Property Rights
Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any.
For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
e) Contributor Represents Sufficient Rights
Each Contributor represents that to its knowledge it has sufficient rights in its Contribution, if any, to grant the licenses set forth in this License.
3. NON-ASSERTION
Each Recipient agrees not to assert against any other Recipient exploiting Artop commercially regarding any intellectual property rights used by the Program.
Any beneficiary of this non-assertion may enforce it for its own benefit, provided that it grants similar non-assertion commitments to the Recipient or properly obligated successors in rights to the respective intellectual property.
4. REQUIREMENTS
4.1 Distribution of the Program in Object Code
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this License; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this License are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
4.2 Distribution of the Program in Source Code
When the Program is made available in source code form:
a) it must be made available under this License; and
b) a copy of this License must be included with each copy of the Program.
4.3 Alteration of Copyrights
Contributors may not remove or alter any copyright notices contained within the Program.
4.4 Identification of the Original Contributor
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4.5 AUTOSAR Requirements
The Contributor and the Recipient must have an AUTOSAR Development License for the AUTOSAR Development Materials that are used in the Program.
The use of the Program is limited to AUTOSAR development work.
5. COMMERCIAL DISTRIBUTION
For commercial distribution and exploitation the acceptance of the "Artop Software License Based on AUTOSAR Released Material (ASLR)" is required.
6. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
7. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. GENERAL
8.1 Severability
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
8.2 Recipient Claims Intellectual Property Rights Infringements
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
8.3 Term
The term of this License shall expire as soon as:
a) the development work in AUTOSAR for the AUTOSAR Development Materials used in the Program is completed and the AUTOSAR Development Materials have been officially released entirely or partially by the AUTOSAR development cooperation; or
b) Recipient's AUTOSAR Development License is terminated.
The rights and obligations stated in Section 2(c) shall continue to be in force after the end of the term of this License.
8.4 Termination of Rights
All Recipient's rights under this License shall terminate if it fails to comply with any of the material terms or conditions of this License and does not cure such failure in a reasonable period of time after becoming aware of such non-compliance. If all Recipient's rights under this License terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this License and any licenses granted by Recipient relating to the Program shall continue and survive.
8.5 Restrictions of Granted Rights
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this License, whether expressly, by implication, estoppel or otherwise.
All rights in the Program not expressly granted under this License are reserved.
8.6 Governing Law
This License is governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention for the International Sale of Goods (CISG) is hereby excluded.
Artop Software License Based on AUTOSAR Released Material (ASLR)
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ARTOP SOFTWARE LICENSE BASED ON AUTOSAR RELEASED MATERIAL (ASLR) ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Affiliated Company" means, with respect to any party, any other legal entity that, directly, or indirectly, controls, or is controlled by or is under common control with, such party. For purposes of this definition, "control" (including the terms "controlling," "controlled by" and "under common control with"), as used with respect to such party, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of such party through the majority ownership of voting securities. Any Affiliated Company shall not be deemed as third party in this ASLR.
"AUTOSAR" means a system architecture that is standardized by the AUTOSAR development cooperation.
"AUTOSAR Associate Partner" means a party committed to the commercial exploitation of AUTOSAR, which is effectively bound to the terms of an AUTOSAR Associate Partner agreement.
"AUTOSAR Core Partner" means a party which is effectively bound to the terms of the AUTOSAR development agreement.
"AUTOSAR Development Partner" means a party interested in the development and/or committed to the commercial exploitation of AUTOSAR, which is effectively bound to the terms of an AUTOSAR Development Partner agreement.
"AUTOSAR Exploitation License" means the license granted by the AUTOSAR development cooperation for the automotive exploitation of AUTOSAR as defined in the respective AUTOSAR agreement. For example such a license is granted to current AUTOSAR Core Partners, AUTOSAR Premium Partners, AUTOSAR Development Partners and AUTOSAR Associate Partners.
"AUTOSAR Premium Partner" means a party interested in the development and/or committed to the commercial exploitation of AUTOSAR, which is effectively bound to the terms of an AUTOSAR Premium Partner agreement.
"AUTOSAR Released Material" means a general term for documents and specifications that are officially released by the AUTOSAR development cooperation. The use of AUTOSAR Released Material and the contained intellectual property is regulated by the AUTOSAR Exploitation License and other AUTOSAR regulations.
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this License, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any party that has an AUTOSAR Exploitation License that distributes or provides Contributions to the Program.
"Distributor" means any Contributor that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this License.
"Recipient" means any party that has an AUTOSAR Exploitation License that receives the Program under this License, including all Contributors.
2. GRANT OF RIGHTS
Grant of Rights by Contributor to Recipient
a) Copyright License
Subject to the terms of this License, each Contributor hereby grants Recipient a nonexclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, display, perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Patent License
Subject to the terms of this License, each Contributor hereby grants Recipient a nonexclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Licensing under the Terms of the Eclipse Public License (EPL)
Subject to the terms of this License, each Contributor hereby grants Recipient the right to license the Program to third parties under the terms of the EPL, if the Program does not use any AUTOSAR Released Materials.
d) Third Party Intellectual Property Rights
Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any.
For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
e) Contributor Represents Sufficient Rights
Each Contributor represents that to its knowledge it has sufficient rights in its Contribution, if any, to grant the licenses set forth in this License.
3. NON-ASSERTION
Each Recipient agrees not to assert against any other Recipient exploiting Artop commercially regarding any intellectual property rights used by the Program.
Any beneficiary of this non-assertion may enforce it for its own benefit, provided that it grants similar non-assertion commitments to the Recipient or properly obligated successors in rights to the respective intellectual property.
4. REQUIREMENTS
4.1 Distribution of the Program in Object Code
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this License; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this License are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
4.2 Distribution of the Program in Source Code
When the Program is made available in source code form:
a) it must be made available under this License; and
b) a copy of this License must be included with each copy of the Program.
4.3 Alteration of Copyrights
Contributors may not remove or alter any copyright notices contained within the Program.
4.4 Identification of the Original Contributor
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4.5 AUTOSAR Requirements
The Contributor and the Recipient must have an AUTOSAR Exploitation License for the AUTOSAR Released Materials that are used in the Program.
5. COMMERCIAL DISTRIBUTION
5.1 Obligation Regarding Product Behavior
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Distributor who includes the Program in a commercial product offering must do so in a manner which does not create potential liability for other Contributors.
Therefore, if a Distributor includes the Program in a commercial product offering, such Distributor hereby agrees to defend and indemnify every other Contributor against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the indemnified Contributor to the extent caused by the acts or omissions of such Distributor in connection with its distribution of the Program in a commercial product offering.
5.2 Obligations Regarding Intellectual Property Rights of Third Parties
The obligations in section 5.1 do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an indemnified Contributor must:
a) promptly notify the Distributor in writing of such claim, and
b) allow the Distributor to control, and cooperate with the Distributor in, the defense and any related settlement negotiations.
The indemnified Contributor may participate in any such claim at its own expense.
5.3 Example to Section 5.1
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Distributor. If that Distributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Distributor's responsibility alone. Under this section, the Distributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Distributor must pay those damages.
6. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
7. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. GENERAL
8.1 Severability
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
8.2 Recipient Claims Intellectual Property Rights Infringements
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
8.3 Termination of Rights
All Recipient's rights under this License shall terminate if it fails to comply with any of the material terms or conditions of this License and does not cure such failure in a reasonable period of time after becoming aware of such non-compliance. If all Recipient's rights under this License terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this License and any licenses granted by Recipient relating to the Program shall continue and survive.
8.4 Restrictions of Granted Rights
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this License, whether expressly, by implication, estoppel or otherwise.
All rights in the Program not expressly granted under this License are reserved.
8.5 Governing Law
This License is governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention for the International Sale of Goods (CISG) is hereby excluded.
ASMUS License
Disclaimer and legal rights
---------------------------
This file contains bugs. All representations to the contrary are void.
Source code in this file and the accompanying headers and included
files may be distributed free of charge by anyone, as long as full
credit is given and any and all liabilities are assumed by the
recipient.
ASN.1 Object Dumping Code License
ASN.1 object dumping code, copyright Peter Gutmann <pgut001@cs.auckland.ac.nz>, based on ASN.1 dump program by David Kemp <dpkemp@missi.ncsc.mil>, with contributions from various people including Matthew Hamrick <hamrick@rsa.com>, Bruno Couillard <bcouillard@chrysalis-its.com>, Hallvard Furuseth <h.b.furuseth@usit.uio.no>, Geoff Thorpe <geoff@raas.co.nz>, David Boyce <d.boyce@isode.com>, John Hughes <john.hughes@entegrity.com>, Life is hard, and then you die <ronald@trustpoint.com>, Hans-Olof Hermansson <hans-olof.hermansson@postnet.se>, Tor Rustad <Tor.Rustad@bbs.no>, Kjetil Barvik <kjetil.barvik@bbs.no>, James Sweeny <jsweeny@us.ibm.com>, Chris Ridd <chris.ridd@isode.com>, and several other people whose names I've misplaced (a number of those email addresses probably no longer work, since this code has been around for awhile).
Available from http://www.cs.auckland.ac.nz/~pgut001/dumpasn1.c Last updated 7 January 2009 (version 20090107, if you prefer it that way). To build under Windows, use 'cl /MD dumpasn1.c'. To build on OS390 or z/OS, use '/bin/c89 -D OS390 -o dumpasn1 dumpasn1.c'.
This code grew slowly over time without much design or planning, and with extra features being tacked on as required. It's not representative of my normal coding style.
This version of dumpasn1 requires a config file dumpasn1.cfg to be present in the same location as the program itself or in a standard directory where binaries live (it will run without it but will display a warning message, you can configure the path either by hardcoding it in or using an environment variable as explained further down). The config file is available from http://www.cs.auckland.ac.nz/~pgut001/dumpasn1.cfg
This code assumes that the input data is binary, having come from a MIME-aware mailer or been piped through a decoding utility if the original format used base64 encoding. If you need to decode it, it's recommended that you use a utility like uudeview, which will strip virtually any kind of encoding (MIME, PEM, PGP, whatever) to recover the binary original.
You can use this code in whatever way you want, as long as you don't try to claim you wrote it.
Editing notes: Tabs to 4, phasers to stun (and in case anyone wants to complain about that, see "Program Indentation and Comprehensiblity", Richard Miara, Joyce Musselman, Juan Navarro, and Ben Shneiderman, Communications of the ACM, Vol.26, No.11 (November 1983), p.861)
ASN1SCC LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This tool (ASN1SCC) is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public Licence as published by
the Free Software Foundation; either version 2 of the License, or (at your
option) any later version.
This tool is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public
Licence for more details.
You should have received a copy of the GNU General Public Licence
along with this software. If not,
write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth
Floor, Boston, MA 02110-1301 USA.
EXCEPTION NOTICE
1. As a special exception, the copyright holders of this tool give
permission for additional uses of the text contained in this release of the
tool as licensed under the ASN1SCC License.
2. The exception is that you may use, copy, link, modify and distribute
under your own terms, binary object code versions of works based on the
tool Run-time Libraries as well as code automatically generated by the tool.
3. If you copy code from files distributed under the terms of the GNU
General Public License into a copy of this tool, as this license permits,
the exception does not apply to the code that you add in this way.
To avoid misleading anyone as to the status of such modified files,
you must delete this exception notice from such code and/or adjust the
licensing conditions notice accordingly.
4. If you write modifications of your own for this library, it is your
choice whether to permit this exception to apply to your modifications. If
you do not wish that, you must delete the exception notice from such code
and/or adjust the licensing conditions notice accordingly.
Permission to use, copy, redistribute is granted.
Permission to redistribute modifications in patch form is granted.
Permission to redistribute binaries made of modified sources is granted.
All other rights reserved.
In addition, when this program is distributed with Asterisk in any
form that would qualify as a 'combined work' or as a 'derivative work'
(but not mere aggregation), you can redistribute and/or modify the
combination under the terms of the license provided with that copy
of Asterisk, instead of the license terms granted here.
Specific permission is also granted to link Asterisk with OpenSSL, OpenH323
UniMRCP, and/or the UW IMAP Toolkit and distribute the resulting binary files.
In addition, Asterisk implements several management/control protocols.
This includes the Asterisk Manager Interface (AMI), the Asterisk Gateway
Interface (AGI), and the Asterisk REST Interface (ARI). It is our belief
that applications using these protocols to manage or control an Asterisk
instance do not have to be licensed under the GPL or a compatible license,
as we believe these protocols do not create a 'derivative work' as referred
to in the GPL. However, should any court or other judiciary body find that
these protocols do fall under the terms of the GPL, then we hereby grant you a
license to use these protocols in combination with Asterisk in external
applications licensed under any license you wish.
ASWF Digital Assets License v1.0
License for <Asset Name> (the “Asset Name”).
<Asset Name> Copyright <Year> <Asset Owner>. All rights reserved.
Redistribution and use of these digital assets, with or without modification, solely for education, training, research, software and hardware development, performance benchmarking (including publication of benchmark results and permitting reproducibility of the benchmark results by third parties), or software and hardware product demonstrations, are permitted provided that the following conditions are met:
1. Redistributions of these digital assets or any part of them must include the above copyright notice, this list of conditions and the disclaimer below.
2. Publications showing images derived from these digital assets must include the above copyright notice.
3. The names of copyright holder or the names of its contributors may NOT be used to promote or to imply endorsement, sponsorship, or affiliation with products developed or tested utilizing these digital assets or benchmarking results obtained from these digital assets, without prior written permission from copyright holder.
4. The assets and their output may only be referred to as the Asset Name listed above, and your use of the Asset Name shall be solely to identify the digital assets. Other than as expressly permitted by this License, you may NOT use any trade names, trademarks, service marks, or product names of the copyright holder for any purpose.
DISCLAIMER: THESE DIGITAL ASSETS ARE PROVIDED BY THE COPYRIGHT HOLDER “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE DIGITAL ASSETS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASWF Digital Assets License v1.1
License for <Asset Name> (the “Asset Name”).
<Asset Name> Copyright <Year> <Asset Owner>. All rights reserved.
Redistribution and use of these digital assets, with or without modification, solely for education, training, research, software and hardware development, performance benchmarking (including publication of benchmark results and permitting reproducibility of the benchmark results by third parties), or software and hardware product demonstrations, are permitted provided that the following conditions are met:
1. Redistributions of these digital assets or any part of them must include the above copyright notice, this list of conditions and the disclaimer below, and if applicable, a description of how the redistributed versions of the digital assets differ from the originals.
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3. The names of copyright holder or the names of its contributors may NOT be used to promote or to imply endorsement, sponsorship, or affiliation with products developed or tested utilizing these digital assets or benchmarking results obtained from these digital assets, without prior written permission from copyright holder.
4. The assets and their output may only be referred to as the Asset Name listed above, and your use of the Asset Name shall be solely to identify the digital assets. Other than as expressly permitted by this License, you may NOT use any trade names, trademarks, service marks, or product names of the copyright holder for any purpose.
DISCLAIMER: THESE DIGITAL ASSETS ARE PROVIDED BY THE COPYRIGHT HOLDER “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE DIGITAL ASSETS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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ATI Software End User License Agreement
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY
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1. License. ATI Technologies Inc., on behalf of itself, its subsidiaries
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c) electronically transmit the Software from one computer to another or
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3. Termination. This License is effective until terminated. You may
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4. Government End Users. If you are acquiring the Software on behalf of
any unit or agency of the United States Government, the following
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DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-
19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time
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Atkinson Hyperlegible Font License
GENERAL
Copyright Holder allows the Font to be used, studied, modified and redistributed freely as long as it
is not sold by itself. The Font, including any derivative works, may be bundled, embedded,
redistributed and/or sold with any software or other work provided that the Reserved Typeface Name
is not used on, in or by any derivative work. The Font and derivatives, however, cannot be released
under any other type of license. The requirement for the Font to remain under this license does not
apply to any document created using the Font or any of its derivatives.
DEFINITIONS
"Author" refers to any designer, engineer, programmer, technical writer or other person who
contributed to the Font Software.
“Copyright Holder” refers to Braille Institute of America, Inc.
“Font” refers to the Atkinson Hyperlegible Font developed by Copyright Holder.
"Font Software" refers to the set of files released by Copyright Holder under this license. This may
include source files, build scripts and documentation.
"Modified Version" refers to any derivative made by adding to, deleting, or substituting -- in part or
in whole -- any of the components of the Original Version, by changing formats or by porting the
Font Software to a new environment.
"Original Version" refers to the collection of the Font Software components as distributed by
Copyright Holder.
"Reserved Typeface Name" refers to the name Atkinson Hyperlegible Font.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software,
to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of
the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original Version or Modified
Version, may be sold by itself.
2) The Original Version or Modified Version of the Font Software may be bundled, redistributed
and/or sold with any other software, provided that each copy contains the above copyright notice
and this license. These can be included either as stand-alone text files, human-readable headers
or in the appropriate machine-readable metadata fields within text or binary files as long as those
fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Typeface Name unless explicit
written permission is granted by Copyright Holder. This restriction only applies to the primary font
name as presented to the users.
4) The name of Copyright Holder or the Author(s) of the Font Software shall not be used to promote,
endorse or advertise any Modified Version or any related software or other product, except:
(a) to acknowledge the contribution(s) of Copyright Holder and the Author(s); or
(b) with the prior written permission of Copyright Holder.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under
this license, and must not be distributed under any other license.
TERMINATION
This license shall immediately terminate and become null and void if any of the above conditions
are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT,
TRADEMARK OR OTHER RIGHT. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT
OR OTHERWISE, ARISING FROM, OUT OF THE USE OF OR INABILITY TO USE THE FONT
SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Atlassian Marketplace Terms of Use
Welcome to the Atlassian Marketplace! The Atlassian Marketplace is an online marketplace for cloud and downloadable software applications, plugins and extensions (“Marketplace Apps” or “Apps”) that are designed to interoperate with Atlassian’s software and cloud offerings (“Atlassian Products”).
Use of the Atlassian Marketplace is governed by these Atlassian Marketplace Terms of Use (“Terms of Use”), which form a legally binding agreement between you (defined in Section 1.1) and Atlassian Pty Ltd, an Australian corporation (ABN 53 102 443 916) (“Atlassian” or “we”).
By placing an Order for an App, or accessing or using the Atlassian Marketplace, you indicate your assent to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not place an Order or use or access the Atlassian Marketplace.
1. Introduction
1.1. Who are You? Because all Apps available through the Atlassian Marketplace are designed for use with Atlassian Products, in these Terms of Use, “you” refers to the Atlassian customer (e.g., person or entity) who holds a license or subscription to the Atlassian Product with which the App will be enabled or used. That Atlassian customer is fully responsible for compliance with these Terms of Use by anyone using the Atlassian Marketplace or placing Orders on its behalf. Any person using the Atlassian Marketplace or placing an Order on behalf of an Atlassian customer is binding that Atlassian customer to these Terms of Use. These Terms of Use also apply to you if you are browsing the Marketplace or leaving a review.
1.2. Types of Apps. Some Marketplace Apps are made available at no charge, and others require payment of fees. The listing for each App will identify the provider of the App (“Vendor”), which may be Atlassian or a third party. Apps for which Atlassian is the Vendor are “Atlassian Apps,” and Apps for which the Vendor is a third party are “Third Party Apps”. Most Vendors are third parties, who create, own and are responsible for their own Apps as further described in these Terms of Use. In all cases, you may only use Apps with the Atlassian Products with which they are designed to be used (as identified in the App’s listing).
1.3. Finding Apps and Placing Orders. We want it to be easy to find great Apps throughout your Atlassian experience. Therefore, “Atlassian Marketplace” includes https://marketplace.atlassian.com and any other webpage, application, interface, service or in-product experience at which we make available or list Apps (such as our Universal Plugin Manager). Likewise, when we refer to “Orders”, that includes any order, purchase, installation, trial, download or enablement of an App (including renewals and upgrades), whether through the Atlassian Marketplace, Atlassian Products or other processes or interfaces we make available. All Orders are subject to these Terms of Use.
1.4. Marketplace Policies. Your Orders and use of the Atlassian Marketplace are also subject to Atlassian’s marketplace FAQs and posted policies, as may be modified from time to time (“Marketplace Policies”), which are incorporated into these Terms of Use.
2. Your Orders
2.1. Order Details. Your Order will identify the Vendor, your authorized scope of use of the App (such as the platform or number of seats) and license or subscription term, as applicable. Once you complete your Order, Atlassian will provide with you access to the applicable Apps, including any relevant license or access keys, as described in the Marketplace Policies.
2.2. Paid Apps. To receive access to paid Apps, you must pay Atlassian the fees, including all taxes, indicated at the time of your Order. Terms for renewals, including pricing, will be described within the App’s listing on the Atlassian Marketplace (or if different, your Order). You can disable renewals by visiting my.atlassian.com or by emailing sales@atlassian.com (but you will not receive any refunds except as described in Section 2.3). For any Third Party App, you acknowledge and agree that Atlassian is the Vendor’s commercial agent and that you are required to make any related payments directly to Atlassian (and your sales contract with Atlassian includes these Terms of Use and the applicable Order). However, after you complete your Order, your usage of any Third Party Apps will be governed by the applicable Vendor Terms, as described in Section 3.
Note: this Section 2.2 does not apply to Paid-via-Vendor Apps (see Section 2.5 below).
2.3. Return Policy. Returns and refunds of Atlassian Apps are governed by the Atlassian Terms, as defined in Section 3.1(b). For Third Party Apps, you have thirty (30) days from the date you place your Order to cancel your Order and return the App. If you cancel your Order of a Third Party App within this 30-day period, Atlassian will refund the amount you paid for the applicable Third Party App, and you must cease using the App and delete any copies of the App in your possession. Except as expressly provided in this Section 2.3, all Orders are non-cancelable and non-refundable.
Note: this Section 2.3 does not apply to Paid-via-Vendor Apps (see Section 2.5 below).
2.4. Trial Periods. The Atlassian Marketplace may offer free trial periods for Apps. After expiration of the trial period, if you do not place an Order for the App, the App will cease to function and you must cease using and delete your copies of the App and any related license or access keys.
2.5. Paid-via-Vendor Apps. While most Apps are provisioned by Atlassian as described in Section 1, some Third Party Apps may be enabled or paid for through a third party Vendor’s own website (“Paid-via-Vendor Apps”). Paid-via-Vendor Apps will be identified in their listings or when you enable or pay for the App. Section 2.2 (Paid Apps) and Section 2.3 (Return Policy) do not apply to Paid-via-Vendor Apps and returns, if any, would be governed by the applicable Vendor Terms.
3. Use of Marketplace Apps.
3.1. Vendor Terms. Without limiting the disclaimers, restrictions or other provisions in these Terms of Use, usage of Apps is subject to the license or subscription terms, privacy policies and other applicable terms specified by the Vendor (“Vendor Terms”). Vendor Terms are typically included on the App’s listing page or presented through the Order process. You may not use an App if you do not agree to the relevant Vendor Terms.
(a) Third Party Apps. Third Party Apps are subject to the third party’s Vendor Terms, not the Atlassian Terms. By ordering, installing or enabling any Third Party App, you are entering into the Vendor Terms directly with the applicable third party Vendor. Atlassian is not a party to, or responsible for compliance with, any third party Vendor Terms, and does not guarantee any third party Vendor Terms are adequate for your own needs. Please see Section 4 (Data Collection and Sharing) for additional information about how third party Vendors use your data.
(b) Atlassian Apps. If Atlassian is the Vendor of the App, the Vendor Terms are the Atlassian terms that govern the Atlassian Product with which the App is enabled or used (listed here) and as may be modified from time to time (the “Atlassian Terms”). The Atlassian Terms include the Atlassian Privacy Policy. In event of a conflict between these Terms of Use and the Atlassian Terms, the Atlassian Terms will control as to each party’s rights and responsibilities related to the App itself, while these Terms of Use will control as to the Atlassian Marketplace generally.
3.2. Support and Maintenance. Any support and maintenance of Third Party Apps will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. Atlassian is not responsible for any support and maintenance for Third Party Apps, and a Vendor’s failure to provide any support or maintenance does not entitle you to any refund. If Atlassian is the Vendor, it will provide any support and maintenance in accordance with the Atlassian Terms.
3.3. Reservation of Rights. Except for the rights explicitly granted to you in these Terms of Use and in the Vendor Terms for each App, all right, title and interest (including intellectual property rights) in the Atlassian Marketplace are reserved by Atlassian, and all right, title and interest (including intellectual property rights) in the Apps are reserved and retained by their respective Vendors and licensors. Apps are provided on a license or subscription basis, not sold, and you do not acquire any ownership rights in the Atlassian Marketplace or the Apps.
4. Data Collection and Sharing.
4.1. Order Information. If you order a Marketplace App through Atlassian, Atlassian will provide the Vendor with the information you provide in completing the order, such as your name, company name (if any), addresses (including e-mail address) and phone number.
4.2. Third Party Vendor Use of Data. As referenced in the Atlassian Terms, if you place an Order for Third Party Apps, you authorize Vendors to access or use certain data in the applicable Atlassian Products. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third party systems. Any third party Vendor’s use of accessed data (whether data in the Atlassian Products or separately collected from you or your device) is subject to the applicable Vendor Terms. Atlassian is not responsible for any access, use, transfer or security of data or information by third party Vendors or by Third Party Apps, or for the security or privacy practices of any third party Vendor, Third Party App or their processors. You are solely responsible for your decision to permit any third party Vendor or Third Party App to access or use data to which you’ve granted access. It is your responsibility to carefully review the Vendor Terms, as provided by the applicable third party Vendor.
4.3. Atlassian Use of Data. Any data that Atlassian collects from you based on your use of the Atlassian Marketplace and your Orders, or that it receives from third party Vendors on your behalf (e.g., order details related to purchases under Section 2.5 (Paid-via-Vendor Apps)), is subject to the Atlassian Privacy Policy.
4.4. Analytics and Usage Data. In addition, you authorize the Vendor and Atlassian (if Atlassian is not the Vendor) to collect and use technical data and related information (including technical information relating to your device, system, and the App), in non-personally identifiable form, to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the App. Vendor and Atlassian (if Atlassian is not the Vendor) may each use this information, as long as it is in a form that does not personally identify individual users, to improve their respective products or to provide services or technology to you (including with respect to Atlassian, the Atlassian Marketplace and Atlassian Products).
5. Reviews of Marketplace Apps.
The Atlassian Marketplace allows users to post reviews (e.g., a star rating) of Marketplace Apps and to post comments on your or other users’ reviews.
5.1. User Names Displayed. Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her Atlassian account). Users who do not want their names or other profile information (such as profile photographs) to appear may not post reviews or comments on the Atlassian Marketplace.
5.2. Rules for Reviews. All reviews and comments must comply with Atlassian’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
Reviews must be made in good faith after reasonable evaluation of the relevant App.
Users may post only one review per App, unless the latter review reflects a good-faith rating change based on further evaluation. Any modified reviews will be marked as “edited”.
You (including anyone acting on your behalf) may not review or comment on your own App, an App owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your App listing.
A Review must evaluate the App itself and not be an evaluation of the underlying product with which the App integrates or functions.
Reviews or comments unrelated to the relevant App are prohibited – for example, discussing Atlassian’s employees, business or stock, or those of other companies, or unrelated products or services.
5.3. Atlassian Rights. Atlassian reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Atlassian Marketplace. Atlassian does not claim ownership of the content of reviews or comments you post on the Atlassian Marketplace. However, you hereby grant Atlassian a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicenseable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
6. Your Responsibilities.
6.1. Representations and Warranties. You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority (i) to enter into and be legally bound by these Terms of Use, (ii) to place any Orders, and (iii) and to authorize Vendors to access and use your data and information as described in Section 4, all without violation of any other agreements or policies.
6.2 Compliance with Law and Reservation of Rights. You must use the Atlassian Marketplace and Marketplace Apps in compliance with all applicable laws.
6.3. Indemnification. You agree to indemnify, defend (at Atlassian’s request) and hold Atlassian, its affiliates, and its and their officers, agents and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs) arising out of your violation of these Terms of Use or the applicable Vendor Terms, your violation of any rights of a third party, or any content you submit to or publish on the Atlassian Marketplace. You may not settle any such claim without Atlassian’s prior written consent.
7. Term and Termination.
7.1. For Cause. Your rights hereunder will automatically terminate upon your failure to comply with any of the provisions in these Terms of Use. In case of such termination, you must cease all use of the Atlassian Marketplace, and Atlassian may immediately revoke your access to the Atlassian Marketplace without notice to you and without refund of any purchases.
7.2. Discontinuation of Marketplace. Atlassian may terminate these Terms of Use without notice to you if Atlassian, in its discretion, discontinues the Atlassian Marketplace.
7.3. Effect on Apps. If these Terms of Use terminate, your rights to use any previously obtained Apps will survive in accordance with the applicable Vendor Terms.
7.4. Survival. The following Sections will survive any termination or expiration of these Terms of Use: 3.1(b) (Atlassian Terms) (if applicable for continued use of Atlassian Apps), 3.3 (Reservation of Rights), 4 (Data Collection and Sharing), 5.3 (Atlassian Rights) and 6 (Your Responsibilities) through 10 (General).
8. Important Disclaimers and Limitations of Liability.
8.1. Third Party Apps. A significant portion of the Marketplace Apps in the Atlassian Marketplace are provided by parties other than Atlassian. Third party Vendors are solely responsible for their Apps and any related content or materials included in their Apps. Atlassian has no liability or responsibility whatsoever for any Third Party Apps, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness or quality, even if Atlassian is hosting such App. These disclaimers apply even if an App complies with Atlassian’s guidelines for Third Party Apps (located on Atlassian’s web properties such as developer.atlassian.com), and even if Atlassian has reviewed, certified, or approved the Third Party App or the Vendor participates in any one of Atlassian’s App programs such as those described here (“App Programs”). Any use of Third Party Apps is at your sole discretion and risk. Vendors are solely responsible for ensuring that any information they submit in connection with any App Program is accurate, complete and correct, and Atlassian is not responsible for the standards or business practices of any third party Vendor (whether support, availability, security or otherwise), even if the Vendor participates in an App Program. You should always independently verify that any Third Party Apps or Vendor business practices meet your needs. In addition, Atlassian is not responsible for any third party websites to which the Atlassian Marketplace links or their terms of use or privacy policies. You should use your discretion when visiting third party websites.
8.2. Removal of Apps. At any time, Atlassian may remove an App from the Atlassian Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own Apps at any time.
8.3. Interoperability. Atlassian makes no guarantee that any Apps will work properly with Atlassian Products or that Apps will continue to work with Atlassian Products as they change over time. Some Apps rely on hosted or cloud services provided by the Vendor or third parties, and these Apps may not function properly or may become inoperable if those services are discontinued.
8.4. Disclaimer of Warranties. To the maximum extent permitted by law, Atlassian offers the Atlassian Marketplace and all Third Party Apps “AS IS” and “AS AVAILABLE”, and Atlassian hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the Atlassian Marketplace or this Agreement. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law.
8.5. Limitations of Liability. To the maximum extent permitted by law, in no event will Atlassian be liable for any direct, indirect, consequential, special, exemplary, punitive or other liability related to the Atlassian Marketplace or any Third Party Apps, including for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business or costs of delay. If the foregoing disclaimer of direct damages is not enforceable at law for any reason, in no event will Atlassian’s aggregate liability to you under these Terms of Use exceed the greater of (1) the amount you paid to Atlassian for the Third Party App related to your claim, or (2) fifty dollars (US$50).
8.6. Disclaimers and Limitations of Liability for Atlassian Apps. Section 8.4 (Disclaimer of Warranties) and 8.5 (Limitations of Liability) do not alter the disclaimers or limitations of liability for Atlassian Apps in the Atlassian Terms, which continue to fully apply.
8.7. Basis of Bargain; Failure of Essential Purpose. Atlassian entered into these Terms of Use relying on the limitations of liability, disclaimers of warranty and other provisions relating to allocation of risk herein, and you agree that such provisions are an essential basis of the bargain between the parties. You agree that the waivers and limitations specified in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.
8.8. Atlassian Affiliates and Contractors. You acknowledge and agree that Atlassian’s affiliates, contractors and service providers may exercise all rights of Atlassian under these Terms of Use, and that all limitations of liability and disclaimers in these Terms of Use apply fully to and benefit Atlassian’s affiliates.
9. Dispute Resolution; Governing Law.
9.1. Informal Resolution. In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under these Terms of Use pursuant to Section 9.2 (Governing Law; Jurisdiction). All negotiations pursuant to this Section 9.1 will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions.
9.2. Governing Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the applicable laws of the State of California, USA, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms of Use must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in San Francisco, California, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in San Francisco, California, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
9.3. Injunctive Relief; Enforcement. Notwithstanding the provisions of Section 9.1 (Informal Resolution) and 9.2 (Governing Law; Jurisdiction), nothing in these Terms of Use will prevent Atlassian from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
9.4. Exclusion of UN Convention and UCITA. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms of Use. The Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms of Use regardless of when or where adopted.
10. General.
10.1. Changes to Terms. Atlassian may modify these Terms of Use at its sole discretion by posting the revised terms on the Atlassian Marketplace. You may be required to click to agree to the modified Terms of Use in order to continue using the Marketplace, and in any event your continued use of the Atlassian Marketplace (including any future Orders) after the effective date of the modifications constitutes your acceptance of the modified terms. For clarity, the version of these Terms of Use in place at the time of your Order will apply for purposes of that Order. Except as provided in this Section 10.1, all changes or amendments to these Terms of Use require the written agreement of you and Atlassian.
10.2. Reporting Copyright and Trademark Violations. If you believe that any content in the Atlassian Marketplace violates your copyright, please follow the process described at Reporting Copyright and Trademark Violations.
10.3. Contact Information. For communications concerning these Terms of Use (other than copyright and trademark concerns covered in Section 10.2), please write to legal@atlassian.com. Atlassian may send you notices through your Atlassian account or to your email address that is on file with Atlassian.
10.4. Entire Agreement. These Terms of Use constitute the entire agreement between the parties with respect to their subject matter and supersedes any and all prior or contemporaneous agreements between the parties with respect to their subject matter. For clarity, this does not limit the Vendor Terms, which apply in accordance with Section 3 above.
10.5. Interpretation. If any provision of these Terms of Use is held invalid by a court with jurisdiction over the parties to these Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. Atlassian’s failure to enforce any provision of these Terms of Use will not constitute a waiver of Atlassian’s rights to subsequently enforce the provision. In these Terms of Use, headings are for convenience only and terms such as “including” are to be construed without limitation.
10.6. Assignment. You may not assign or transfer these Terms of Use. Atlassian may freely assign, transfer and delegate its rights and obligations under these Terms of Use.
10.7. No agency. Nothing in these Terms of Use or any Order is intended to, or shall be deemed to, make Atlassian your agent, or authorize Atlassian to make or enter into any commitments for you or on your behalf.
10.8. Export Laws and Regulations. You may not use or otherwise export or re-export the Marketplace Apps except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, Apps may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list or the U.S. Department of Commerce’s Denied Persons, Entity, or Unverified Lists. By using any Marketplace App, you represent and warrant that you are not located in any such country or on any such list. You agree not to use or provide the Apps for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
Last Revised: March 31, 2019
Redistribution and use of the microcode software ( Firmware ) is
permitted provided that the following conditions are met:
1. Firmware is redistributed in object code only;
2. Any reproduction of Firmware must contain the above
copyright notice, this list of conditions and the below
disclaimer in the documentation and/or other materials
provided with the distribution; and
3. The name of Atmel Corporation may not be used to endorse
or promote products derived from this Firmware without specific
prior written consent.
DISCLAIMER: ATMEL PROVIDES THIS FIRMWARE "AS IS" WITH NO WARRANTIES OR
INDEMNITIES WHATSOEVER. ATMEL EXPRESSLY DISCLAIMS ANY EXPRESS, STATUTORY
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL ATMEL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS FIRMWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. USER ACKNOWLEDGES AND AGREES THAT THE
PURCHASE OR USE OF THE FIRMWARE WILL NOT CREATE OR GIVE GROUNDS FOR A
LICENSE BY IMPLICATION, ESTOPPEL, OR OTHERWISE IN ANY INTELLECTUAL
PROPERTY RIGHTS (PATENT, COPYRIGHT, TRADE SECRET, MASK WORK, OR OTHER
PROPRIETARY RIGHT) EMBODIED IN ANY OTHER ATMEL HARDWARE OR FIRMWARE
EITHER SOLELY OR IN COMBINATION WITH THE FIRMWARE.
REDISTRIBUTION: Permission is hereby granted by Atmel Corporation (Atmel), free
of any license fees, to any person obtaining a copy of this firmware (the
"Software"), to install, reproduce, copy and distribute copies, in binary form,
in hexadecimal or equivalent formats, of the Software and to permit persons to
whom the Software is provided to do the same, subject to the following
conditions:
* Any redistribution of the Software must reproduce the above copyright notice,
this license notice, and the following disclaimers and notices in the
documentation and/or other materials provided with the Software.
* Neither the name of Atmel Corporation, its products nor the names of its
suppliers may be used to endorse or promote products derived from this
Software without specific prior written permission.
* All matters arising out of or in connection with this License and/or Software
shall be governed by California law and the parties agree to the exclusive
jurisdiction of the Californian courts to decide all disputes arising.
* The licensee shall defend and indemnify Atmel against any and all claims,
costs, losses and damages (including reasonable legal fees) incurred by tme
arising out of any claim relating to the Software due to the licensee’s use or
sub-licensing of the Software
DISCLAIMER: THIS SOFTWARE IS PROVIDED BY ATMEL "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE
DISCLAIMED. IN NO EVENT SHALL ATMEL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The name of Atmel may not be used to endorse or promote products derived
from this software without specific prior written permission.
4. This software may only be redistributed and used in connection with an
Atmel microcontroller product.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Atmosphere Software License Version 0.4
Preamble
Software developers cannot ignore the impact of networked computation on the global climate crisis. The energy demands of the global economy exceed the current production of renewable energy. While software development has the potential to make economic activity far more efficient, fossil fuel's high subsidies and disastrous social costs mean that improvements to software often give their users the ability to optimize for financial profit at the expense of the environment, by increasing their fossil fuel extraction and polluting activities. This rebound effect has been worsened by the rise of cryptocurrency, which has made it possible to monetize computation roughly in proportion to the amount of energy consumed. Computation, energy, economics, and ecology are now locked in a harmful cycle. The purpose of the Atmosphere License is to let developers push back against this cycle, supporting environmental sustainabiliy by creating code that increases the relative economic value of renewable energy.
Developers often release their software under open licenses out of a charitable impulse to help users accomplish their tasks more easily. The Atmosphere License acknowledges that if a contribution to open source helps its users to worsen the climate crisis and endanger the ecosystem that everyone depends on to survive, then the contribution is not effective altruism. The pursuit of open source software users' freedom must respect the physical safety of all stakeholders, including the users and the developers themselves.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS
0. Scope
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this Atmosphere License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. Verbatim Copies
You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. Modified Copies
You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that each time you do so you also meet all of these conditions:
a. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
d. You must divest from all Disqualifying Assets as listed in Section 3.
e. You must comply with any Obligations to Remote Users as defined below.
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
2.1. Obligations to Remote Users
Notwithstanding any other provision of this License, you may allow users to interact with your modified version remotely through a computer network only if you meet the following Obligations to Remote Users:
a. your modified version of the Program must prominently offer all users interacting with it remotely through a computer network an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software.
3. Divestment
"Divestment" of an asset means relinquishing all ownership interest in the asset, all profit rights in the asset, or right to control the asset, through sale or other disposal of the asset, or placing the asset under a conservation easement or other effective legal restriction, valid for at least three years, barring use of the asset for the activities that caused it to qualify as a "Disqualifying Asset".
"Disqualifying Assets" subject to Divestment under the terms of this License include "Disqualifying Investments" and "Disqualifying Facilities".
A "Disqualifying Investment" is any investment exceeding $10,000 in value in a company, agency, or entity that operates any Disqualifying Facility or has a majority ownership interest or majority profit rights in any Disqualifying Facility. A Disqualifying Investment may take the form of direct ownership, shares, commingled mutual funds containing shares, or corporate bonds.
a. If you have the right to determine whether a Disqualifying Investment should be held in a fund for the benefit of others, such as a pension fund, endowment, or insurance fund, then you have a "right to control" the Disqualifying Investment for purposes of determining your obligation to divest.
"Disqualifying Facilities" include any of the following:
a. any coal mine or any coal extraction operations.
b. any oil or natural gas wells or extraction operations.
c. any coal, oil, or natural gas processing facility.
d. any pipeline longer than 10 kilometers used for fossil fuel transportation.
4. Source Code
You may copy and distribute the Program (or a work based on it, under Sections 2 and 3) in object code or executable form under the terms of the Sections above provided that you also do one of the following:
a. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
5. Termination
You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
6. Acceptance
You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
7. Additional Terms
Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions.
If the original license omitted any of the optional provisions regarding Privacy of Remote Users, Deforestation, Nonrenewable Power Generation, Civilian Internment, or For-Profit Prisons, you may add one or more of those provisions to the license as additional terms when conveying modified versions of the Program. However, you may not add the "Offset for Renewable Investments" provision.
You may also subject parts of the Program to restrictions derived from the Apache License Version 2.0, regarding matters such as patent termination and indemnification, if those parts of the Program were previously licensed under the Apache License. This is necessary to stay in compliance with the Apache License when relicensing under the Atmosphere License. To do this, add the phrase "subject to restrictions in Apache License Version 2.0" to the boilerplate Atmosphere License notices for your Program, or for the files or other parts of the Program that were covered by the Apache License.
You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
8. Inconsistent Conditions
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free and ethical software distribution system, which is implemented by public license practices. An author/donor distributes software through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
9. Permission from Authors
If you wish to incorporate parts of the Program into other programs whose distribution conditions are different, or if you wish to distribute modified versions of the Program or offer users Remote Network Interaction with a modified version of the Program without divesting from Disqualifying Assets, write to the author(s) to ask for permission to do so under the terms of a different license.
10. No Warranty
Because the program is licensed free of charge, there is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
11. No Liability
In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.
12. No Trademark Waiver
Trademark rights are not licensed under this public license.
END OF TERMS AND CONDITIONS
PROFESSIONAL IDENTIFICATION * URL
"PROMOTIONAL SLOGAN FOR AUTHOR'S PROFESSIONAL PRACTICE"
All Rights Reserved
ATTRIBUTION ASSURANCE LICENSE (adapted from the original BSD license)
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the conditions below are met.
These conditions require a modest attribution to <AUTHOR> (the
"Author"), who hopes that its promotional value may help justify the
thousands of dollars in otherwise billable time invested in writing
this and other freely available, open-source software.
1. Redistributions of source code, in whole or part and with or without
modification (the "Code"), must prominently display this GPG-signed
text in verifiable form.
2. Redistributions of the Code in binary form must be accompanied by
this GPG-signed text in any documentation and, each time the resulting
executable program or a program dependent thereon is launched, a
prominent display (e.g., splash screen or banner text) of the Author's
attribution information, which includes:
(a) Name ("AUTHOR"),
(b) Professional identification ("PROFESSIONAL IDENTIFICATION"), and
(c) URL ("URL").
3. Neither the name nor any trademark of the Author may be used to
endorse or promote products derived from this software without specific
prior written permission.
4. Users are entirely responsible, to the exclusion of the Author and
any other persons, for compliance with (1) regulations set by owners or
administrators of employed equipment, (2) licensing terms of any other
software, and (3) local regulations regarding use, including those
regarding import, export, and use of encryption software.
THIS FREE SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE AUTHOR OR ANY CONTRIBUTOR BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
EFFECTS OF UNAUTHORIZED OR MALICIOUS NETWORK ACCESS;
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
--End of License
SDK LICENSE AGREEMENT
This Software Development Kit (“SDK”) License Agreement (“Agreement”) is between you (both the individual downloading the SDK and any legal entity on behalf of which such individual is acting) (“You” or “Your”) and Authorize.Net LLC (“Authorize.Net’).
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BUTTON OR AN EQUIVALENT INDICATOR OR BY DOWNLOADING, INSTALLING OR USING THE SDK OR THE DOCUMENTATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. DEFINITIONS
1.1 “Application(s)” means software programs that You develop to operate with the Gateway using components of the Software.
1.2 “Documentation” means the materials made available to You in connection with the Software by or on behalf of Authorize.Net pursuant to this Agreement.
1.3 “Gateway” means any electronic payment platform maintained and operated by Authorize.Net and any of its affiliates.
1.4 “Software” means all of the software included in the software development kit made available to You by or on behalf of Authorize.Net pursuant to this Agreement, including but not limited to sample source code, code snippets, software tools, code libraries, sample applications, Documentation and any upgrades, modified versions, updates, and/or additions thereto, if any, made available to You by or on behalf of Authorize.Net pursuant to this Agreement.
2. GRANT OF LICENSE; RESTRICTIONS
2.1 Limited License. Subject to and conditioned upon Your compliance with the terms of this Agreement, Authorize.Net hereby grants to You a limited, revocable, non-exclusive, non-transferable, royalty-free license during the term of this Agreement to: (a) in any country worldwide, use, reproduce, modify, and create derivative works of the components of the Software solely for the purpose of developing, testing and manufacturing Applications; (b) distribute, sell or otherwise provide Your Applications that include components of the Software to Your end users; and (c) use the Documentation in connection with the foregoing activities. The license to distribute Applications that include components of the Software as set forth in subsection (b) above includes the right to grant sublicenses to Your end users to use such components of the Software as incorporated into such Applications, subject to the limitations and restrictions set forth in this Agreement.
2.2 Restrictions. You shall not (and shall have no right to): (a) make or distribute copies of the Software or the Documentation, in whole or in part, except as expressly permitted pursuant to Section 2.1; (b) alter or remove any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels appearing on or in the Software or Documentation; (c) sublicense (or purport to sublicense) the Software or the Documentation, in whole or in part, to any third party except as expressly permitted pursuant to Section 2.1; (d) engage in any activity with the Software, including the development or distribution of an Application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the Gateway or platform, servers, or systems of Authorize.Net, any of its affiliates, or any third party; (e) make any statements that Your Application is “certified” or otherwise endorsed, or that its performance is guaranteed, by Authorize.Net or any of its affiliates; or (f) otherwise use or exploit the Software or the Documentation for any purpose other than to develop and distribute Applications as expressly permitted by this Agreement.
2.3 Ownership. You shall retain ownership of Your Applications developed in accordance with this Agreement, subject to Authorize.Net’s ownership of the Software and Documentation (including Authorize.Net’s ownership of any portion of the Software or Documentation incorporated in Your Applications). You acknowledge and agree that all right, title and interest in and to the Software and Documentation shall, at all times, be and remain the exclusive property of Authorize.Net and that You do not have or acquire any rights, express or implied, in the Software or Documentation except those rights expressly granted under this Agreement.
2.4 No Support. Authorize.Net has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Software.
2.5 Open Source Software. You hereby acknowledge that the Software may contain software that is distributed under “open source” license terms (“Open Source Software”). You shall review the Documentation in order to determine which portions of the Software are Open Source Software and are licensed under such Open Source Software license terms. To the extent any such license requires that Authorize.Net provide You any rights with respect to such Open Source Software that are inconsistent with the limited rights granted to You in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. You acknowledge that the Open Source Software license is solely between You and the applicable licensor of the Open Source Software and that Your use, reproduction and distribution of Open Source Software shall be in compliance with applicable Open Source Software license. You understand and agree that Authorize.Net is not liable for any loss or damage that You may experience as a result of Your use of Open Source Software and that You will look solely to the licensor of the Open Source Software in the event of any such loss or damage.
2.6 License to Authorize.Net. In the event You choose to submit any suggestions, feedback or other information or materials related to the Software or Documentation or Your use thereof (collectively, “Feedback”) to Authorize.Net, You hereby grant to Authorize.Net a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual and irrevocable license to use and otherwise exploit such Feedback in connection with the Software, Documentation, and other products and services.
2.7 Use.
(a) You represent, warrant and agree to use the Software and write Applications only for purposes permitted by (i) this Agreement; (ii) applicable law and regulation, including, without limitation, the Payment Card Industry Data Security Standard (PCI DSS); and (iii) generally accepted practices or guidelines in the relevant jurisdictions. You represent, warrant and agree that if You use the Software to develop Applications for general public end users, that You will protect the privacy and legal rights of those users. If the Application receives or stores personal or sensitive information provided by end users, it must do so securely and in compliance with all applicable laws and regulations, including card association regulations. If the Application receives Authorize.Net account information, the Application may only use that information to access the end user's Authorize.Net account. You represent, warrant and agree that You are solely responsible for (and that neither Authorize.Net nor its affiliates have any responsibility to You or to any third party for): (i) any data, content, or resources that You obtain, transmit or display through the Application; and (ii) any breach of Your obligations under this Agreement, any applicable third party license, or any applicable law or regulation, and for the consequences of any such breach.
3. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
3.1 Disclaimer. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE SOFTWARE AND THE DOCUMENTATION IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUTHORIZE.NET AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NEITHER AUTHORIZE.NET NOR ITS AFFILIATES WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE SOFTWARE OR THE DOCUMENTATION WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE OR DOCUMENTATION WILL OPERATE ERROR FREE, OR THAT THE SOFTWARE OR DOCUMENTATION IS COMPATIBLE WITH ANY PARTICULAR OPERATING SYSTEM.
3.2 Limitation of Liability. IN NO EVENT SHALL AUTHORIZE.NET AND ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF AUTHORIZE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL THE ENTIRE LIABILITY OF AUTHORIZE.NET AND AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 3.2 AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH AUTHORIZE.NET WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
4. INDEMNIFICATION. You shall indemnify, hold harmless and, at Authorize.Net’s request, defend Authorize.Net and its affiliates and their officers, directors, employees, and agents from and against any claim, suit or proceeding, and any associated liabilities, costs, damages and expenses, including reasonable attorneys’ fees, that arise out of relate to: (i) Your Applications or the use or distribution thereof and Your use or distribution of the Software or the Documentation (or any portion thereof including Open Source Software), including, but not limited to, any allegation that any such Application or any such use or distribution infringes, misappropriates or otherwise violates any intellectual property (including, without limitation, copyright, patent, and trademark), privacy, publicity or other rights of any third party, or has caused the death or injury of any person or damage to any property; (ii) Your alleged or actual breach of this Agreement; (iii) the alleged or actual breach of this Agreement by any party to whom you have provided Your Applications, the Software or the Documentation or (iii) Your alleged or actual violation of or non-compliance with any applicable laws, legislation, policies, rules, regulations or governmental requirements (including, without limitation, any laws, legislation, policies, rules, regulations or governmental requirements related to privacy and data collection).
5. TERMINATION. This Agreement and the licenses granted to you herein are effective until terminated. Authorize.Net may terminate this Agreement and the licenses granted to You at any time. Upon termination of this Agreement, You shall cease all use of the Software and the Documentation, return to Authorize.Net or destroy all copies of the Software and Documentation and related materials in Your possession, and so certify to Authorize.Net. Except for the license to You granted herein, the terms of this Agreement shall survive termination.
6. CONFIDENTIAL INFORMATION
a. You hereby agree (i) to hold Authorize.Net’s Confidential Information in strict confidence and to take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions You employ with respect to Your own confidential materials), (ii) not to divulge any such Confidential Information to any third person; (iii) not to make any use whatsoever at any time of such Confidential Information except as strictly licensed hereunder, (iv) not to remove or export from the United States or re-export any such Confidential Information or any direct product thereof, except in compliance with, and with all licenses and approvals required under applicable U.S. and foreign export laws and regulations, including, without limitation, those of the U.S. Department of Commerce.
b. “Confidential Information” shall mean any data or information, oral or written, treated as confidential that relates to Authorize.Net’s past, present, or future research, development or business activities, including without limitation any unannounced products and services, any information relating to services, developments, inventions, processes, plans, financial information, customer data, revenue, transaction volume, forecasts, projections, application programming interfaces, Software and Documentation.
7. General Terms
7.1 Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by the internal laws of the State of California without giving effect to any choice of law rule. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement, such controversy, claim or dispute shall be resolved in the state or federal courts in Santa Clara County, California, and the parties hereby irrevocably consent to the jurisdiction and venue of such courts.
7.2 Logo License. Authorize.Net hereby grants to You the right to use, reproduce, publish, perform and display Authorize.Net logo solely in accordance with the current Authorize.Net brand guidelines.
7.3 Severability and Waiver. If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement shall continue in full force and effect. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
7.4 No Assignment. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any rights or obligations under this Agreement without the prior written consent of Authorize.Net, which may be withheld in Authorize.Net’s sole discretion. Any purported assignment, transfer or delegation by You shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns.
7.5 Government Rights. If You (or any person or entity to whom you provide the Software or Documentation) are an agency or instrumentality of the United States Government, the Software and Documentation are “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the Software and Documentation are governed by the terms of this Agreement.
7.6 Export Administration. You shall comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, You shall not, and You shall require Your representatives not to, export, direct or transfer the Software or the Documentation, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
7.7 Privacy. In order to continually innovate and improve the Software, Licensee understands and agrees that Authorize.Net may collect certain usage statistics including but not limited to a unique identifier, associated IP address, version number of software, and information on which tools and/or services in the Software are being used and how they are being used.
7.8 Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. Authorize.Net may make changes to this Agreement, Software or Documentation in its sole discretion. When these changes are made, Authorize.Net will make a new version of the Agreement, Software or Documentation available on the website where the Software is available. This Agreement may not be modified or amended by You except in a writing signed by a duly authorized representative of each party. You acknowledge and agree that
Authorize.Net has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Authorize.Net Software Development Kit (SDK) License Agreement
v. February 1, 2017
1
As a special exception, the Free Software Foundation gives unlimited
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Certain portions of the Autoconf source text are designed to be copied
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AUTOCONF CONFIGURE SCRIPT EXCEPTION
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Copyright © 2009 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
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You have permission to propagate output of Autoconf, even if such propagation would otherwise violate the terms of GPLv3. However, if by modifying Autoconf you cause any Ineligible Code of the version you received to become Normally Copied Code of your modified version, then you void this Exception for the resulting covered work. If you convey that resulting covered work, you must remove this Exception in accordance with the second paragraph of Section 7 of GPLv3.
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/**************************************************************************
* 3D Studio File Toolkit for Release 3
*
* (C) Copyright 1997 by Autodesk, Inc.
*
* License Agreement
*
* This Autodesk Program is copyrighted by Autodesk, Inc. and is
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* "(C) Copyright 1995 by Autodesk, Inc.",
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* (v) add substantial value in addition to the Autodesk Program.
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* AUTODESK PROVIDES THIS PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND,
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*************************************************************************/
Software License
AutoIt
Author : Jonathan Bennett and the AutoIt Team
WWW : https://www.autoitscript.com/site/autoit/
Email : support at autoitscript dot com
END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the mentioned author of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
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The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
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MISCELLANEOUS
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LIMITED WARRANTY
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The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
2. NO LIABILITY FOR DAMAGES
In no event shall the author of this Software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
[END OF LICENSE]
As a special exception, Bruce Korb gives permission for additional
uses of the text contained in his release of AutoOpts.
The exception is that, if you link the AutoOpts library with other
files to produce an executable, this does not by itself cause the
resulting executable to be covered by the GNU General Public License.
Your use of that executable is in no way restricted on account of
linking the AutoOpts library code into it.
This exception does not however invalidate any other reasons why
the executable file might be covered by the GNU General Public License.
This exception applies only to the code released by Bruce Korb under
the name AutoOpts. If you copy code from other sources under the
General Public License into a copy of AutoOpts, as the General Public
License permits, the exception does not apply to the code that you add
in this way. To avoid misleading anyone as to the status of such
modified files, you must delete this exception notice from them.
If you write modifications of your own for AutoOpts, it is your choice
whether to permit this exception to apply to your modifications.
If you do not wish that, delete this exception notice.
Disclaimer
This work (specification and/or software implementation) and the material contained in
it, as released by AUTOSAR, is for the purpose of information only. AUTOSAR and the
companies that have contributed to it shall not be liable for any use of the work.
The material contained in this work is protected by copyright and other types of intel-
lectual property rights. The commercial exploitation of the material contained in this
work requires a license to such intellectual property rights.
This work may be utilized or reproduced without any modification, in any form or by
any means, for informational purposes only. For any other purpose, no part of the work
may be utilized or reproduced, in any form or by any means, without permission in
writing from the publisher.
The work has been developed for automotive applications only. It has neither been
developed, nor tested for non-automotive applications.
The word AUTOSAR and the AUTOSAR logo are registered trademarks.
Limited Open Source License
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After three years from the effective date of this agreement, which is the third anniversary of the source code's release date, the source code will automatically be subject to the MIT open-source license. You will no longer be bound by the terms of this agreement but will be governed by the provisions of the MIT open-source license.
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The source code is provided "as is," with no express or implied warranties or guarantees. ai2apps.com, and tab-os.com and its contributors are not liable for any direct or indirect damages resulting from the use of this source code. To the maximum extent permitted by applicable law, ai2apps.com, tab-os.com hereby declares that all liability and risks associated with this source code are assumed by you.
5. Acceptance of Terms
If you do not agree to any terms or conditions of this agreement, you may not use this software and it's source code. By accessing, using, or distributing this sortware or it's source code, you indicate that you fully understand and agree to comply with all the terms of this agreement.
ai2apps.com, tab-os.com
Avdpro (Xin Pang) 2023-10-30
As a special exception, I give you permission to link to the Avisynth
C interface with independent modules that communicate with the
Avisynth C interface solely through the interfaces defined in
avisynth_c.h, regardless of the license terms of these independent
modules, and to copy and distribute the resulting combined work under
terms of your choice, provided that every copy of the combined work is
accompanied by a complete copy of the source code of the Avisynth C
interface and Avisynth itself (with the version used to produce the
combined work), being distributed under the terms of the GNU General
Public License plus this exception. An independent module is a module
which is not derived from or based on Avisynth C Interface, such as
3rd-party filters, import and export plugins, or graphical user
interfaces.
Linking Avisynth statically or dynamically with other modules is making a
combined work based on Avisynth. Thus, the terms and conditions of the GNU
General Public License cover the whole combination.
As a special exception, the copyright holders of Avisynth give you
permission to link Avisynth with independent modules that communicate
with Avisynth solely through the interfaces defined in avisynth.h,
regardless of the license terms of these independent modules, and to
copy and distribute the resulting combined work under terms of your
choice, provided that every copy of the combined work is accompanied by
a complete copy of the source code of Avisynth (the version of Avisynth
used to produce the combined work), being distributed under the terms of
the GNU General Public License plus this exception. An independent
module is a module which is not derived from or based on Avisynth, such
as 3rd-party filters, import and export plugins, or graphical user
interfaces.
AVSystem-5-clause License
Copyright by AVSystem sp. z o.o. (AVSystem) 17th March 2022.
All rights reserved.
This software is licensed under the following conditions specified below.
All materials referring to features or use of this software must display the
following acknowledgement:
"This product includes software developed by AVSystem"
Redistribution and use of the software in source and binary code forms, with or
without modification, are permitted only provided that the following conditions
are met:
1. Redistribution of source code must retain copyright notice and include the
list of usage conditions and AVSystem's disclaimer.
2. Redistribution in binary form, except as embedded in a physical device, must
contain the above copyright notice, this list of conditions of use and the
following disclaimer in the documentation and/or other materials provided
with the software.
3. Neither the name of the AVSystem nor its collaborators (if any) may be used
to offer or promote products derived from this software without prior
written consent of the owner.
4. Commercial use of this software, with or without modifications, requires
prior notification to AVSystem at sales@avsystem.com of such use. In case
the software is used together with AVSystem's CoioteDM Platform, such
notification is not required.
5. Commercial use of the software is limited to 100.000 (one hundred thousand)
devices, unless a separate agreement with AVSystem is made.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT OWNER "AS IS" AND ANY DIRECT OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE COPYRIGHT OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND REGARDLESS OF THE SOURCE OF
LIABILITY, WHETHER CONTRACT, DIRECT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
AWS Intellectual Property License
Last Updated: September 17, 2021
This Intellectual Property License (“License”) governs your use of AWS Content and the Services. Capitalized terms used but not defined in this License are defined in the AWS Customer Agreement or other agreement with us governing your use of the Services (the “Agreement”).
1. AWS Licensor
If the geographic location associated with your AWS account is any country within Europe, the Middle East, or Africa (“ EMEA ”), then Amazon Web Services EMEA SARL (“ AWS Europe ”) grants this License. If the geographic location associated with your AWS account is any country outside of EMEA, then Amazon Web Services, Inc. (“ AWS, Inc .”) grants this License. “AWS Europe” and “AWS, Inc.” are individually referred to herein as an “ AWS Licensor ”.
2. No Agency
This License forms a separate agreement between you and the AWS Licensor without any further action required by the parties. AWS Licensor grants this License in its own capacity and no other party is acting as agent of AWS Licensor or has capacity to bind AWS Licensor.
3. License
AWS Licensor or its licensors own all right, title, and interest in and to the Services, AWS Content, and all related technology and intellectual property rights. Subject to the terms of this License and the Agreement, AWS Licensor grants you a limited, royalty-free, revocable, non-exclusive, non-sublicensable, non-transferrable license to copy and use the AWS Content solely in connection with your permitted use of the Services during the Term. Solely to the extent that applicable law requires the exercise of intellectual property rights owned by AWS Licensor or its licensors for you to access or use any Service, AWS Licensor grants you a limited, royalty-free, revocable, non-exclusive, non-sublicensable and non-transferrable license to exercise such intellectual property rights during the Term and subject to the terms of this License and the Agreement. No other entity is entitled to or purports to grant or procure the grant of this License. Except as expressly provided in this Section 3, you obtain no other rights under the Agreement or this License from AWS Licensor, its affiliates or suppliers to the Services and AWS Content, including any related intellectual property rights. Some AWS Content and Third-Party Content may be provided to you under a separate license, such as the Apache License, Version 2.0, or other open source license. In the event of a conflict between this License and any separate license, the separate license will prevail with respect to the AWS Content or Third-Party Content that is the subject of such separate license.
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Neither you nor any End User will use the Services or AWS Content in any manner or for any purpose other than as expressly permitted by this License and the Agreement. Neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services or AWS Content (except to the extent such Content is provided to you under a separate license that expressly permits the creation of derivative works), or (b) sublicense the Services or AWS Content. These license restrictions will continue to apply following the termination of this License.
Last revision: 21 May 2017
Bacula is licensed under the GNU Affero General Public License, version
3.0 as published by the Free Software Foundation, Inc. ("AGPLv3").
Additional Terms on the work licensed herein, pursuant to Section 7 of
Affero General Public License are as follows:
1. The name Bacula is a registered trademark of Kern Sibbald, and Kern
Sibbald hereby declines to grant a trademark license to "Bacula"
pursuant to AGPLv3, Section 7(e) without a separate agreement with Kern
Sibbald.
2. Pursuant to AGPLv3, Section 7(a), in addition to the warranty and
liability disclaimers already found in AGPLv3, the copyright holders
specifically disclaim any liability for accusations of patent
infringement by any third party.
3. Pursuant to AGPLv3, Section 7(b), the portions of the file AUTHORS that
are deemed to be specified reasonable legal notices and/or author
attributions shall be preserved in redistribution of source code and/or
modifications thereof. Furthermore, when the following notice appears in
a source code file, it must be preserved when source code is conveyed
and/or propagated:
Bacula(R) - The Network Backup Solution
Copyright (C) 2000-2017 Kern Sibbald
The original author of Bacula is Kern Sibbald, with contributions
from many others, a complete list can be found in the file AUTHORS.
You may use this file and others of this release according to the
license defined in the LICENSE file, which includes the Affero General
Public License, v3.0 ("AGPLv3") and some additional permissions and
terms pursuant to its AGPLv3 Section 7.
This notice must be preserved when any source code is conveyed
and/or propagated.
Bacula(R) is a registered trademark of Kern Sibbald.
Additional Permissions on the work licensed herein, pursuant to Section 7 of
AGPLv3 are as follows:
1. As a special exception to the AGPLv3, the copyright holders give
permission to link the code of its release of Bacula with the OpenSSL
project's "OpenSSL" library (or with modified versions of it that use the
same license as the "OpenSSL" library), and distribute the linked
executables. You must follow the requirements of AGPLv3 in all respects
for all of the code used other than "OpenSSL".
2. As a special exception to the AGPLv3, the copyright holders give
permission to link the code of its release of the Bacula Win32 File daemon
with the Microsoft supplied Volume Shadow Copy (VSS) libraries and
distribute the linked executables. You must follow the requirements of
the AGPLv3 in all respects for all of the code used other than for the
Microsoft VSS code.
If you want to fork Bacula, please read the file LICENSE-FAQ.
Baekmuk Fonts License
Copyright (c) Kim Jeong-Hwan All rights reserved.
Permission to use, copy, modify and distribute this font is
hereby granted, provided that both the copyright notice and
this permission notice appear in all copies of the font,
derivative works or modified versions, and that the following
acknowledgement appear in supporting documentation:
Baekmuk Batang, Baekmuk Dotum, Baekmuk Gulim, and
Baekmuk Headline are registered trademarks owned by
Kim Jeong-Hwan.
COPYRIGHT NOTICE
These patterns and the generating sh script are Copyright (c) GMV 1991
These patterns were developed for internal GMV use and are made public in the hope that they will benefit others. Also, spreading these patterns throughout the Spanish-language TeX community is expected to provide back-benefits to GMV in that it can help keeping GMV in the mainstream of spanish users.
However, this is given for free and WITHOUT ANY WARRANTY. Under no circumstances can Julio Sanchez, GMV, Jos'e A. Ma~nas or any agents or representatives thereof be held responsible for any errors in this software nor for any damages derived from its use, even in case any of the above has been notified of the possibility of such damages. If any such situation arises, you responsible for repair. Use of this software is an explicit acceptance of these conditions.
You can use this software for any purpose. You cannot delete this copyright notice. If you change this software, you must include comments explaining who, when and why. You are kindly requested to send any changes to tex@gmv.es. If you change the generating script, you must include code in it such that any output is clearly labeled as generated by a modified script. Despite the lack of warranty, we would like to hear about any problem you find. Please report problems to tex@gmv.es.
END OF COPYRIGHT NOTICE
BaKoMa Fonts Licence
--------------------
This licence covers two font packs (known as BaKoMa Fonts Colelction,
which is available at `CTAN:fonts/cm/ps-type1/bakoma/'):
1) BaKoMa-CM (1.1/12-Nov-94)
Computer Modern Fonts in PostScript Type 1 and TrueType font formats.
2) BaKoMa-AMS (1.2/19-Jan-95)
AMS TeX fonts in PostScript Type 1 and TrueType font formats.
Copyright (C) 1994, 1995, Basil K. Malyshev. All Rights Reserved.
Permission to copy and distribute these fonts for any purpose is
hereby granted without fee, provided that the above copyright notice,
author statement and this permission notice appear in all copies of
these fonts and related documentation.
Permission to modify and distribute modified fonts for any purpose is
hereby granted without fee, provided that the copyright notice,
author statement, this permission notice and location of original
fonts (http://www.ctan.org/tex-archive/fonts/cm/ps-type1/bakoma)
appear in all copies of modified fonts and related documentation.
Permission to use these fonts (embedding into PostScript, PDF, SVG
and printing by using any software) is hereby granted without fee.
It is not required to provide any notices about using these fonts.
Basil K. Malyshev
INSTITUTE FOR HIGH ENERGY PHYSICS
IHEP, OMVT
Moscow Region
142281 PROTVINO
RUSSIA
E-Mail: bakoma@mail.ru
or malyshev@mail.ihep.ru
## Booz Allen Public License v1.0
### INTRODUCTION
The Booz Allen Public License allows government, non-profit academic, other non-profit, and commercial entities access to distinctive, disruptive, and robust code with the goal of Empowering People to Change the World℠. Products licensed under the Booz Allen Public License are founded on the basis that collective ingenuity can make the largest impact in the community.
### DEFINITIONS
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* **You.** “You” means either an individual or an entity (if you are taking this license on behalf of an entity) that exercises the rights granted under this License.
### LICENSE
**Government/Non-Profit Academic/Other Non-Profit.**
This Section applies if You are not a Commercial Entity.
* **License.** Subject to the terms and conditions of this License, each Originator hereby grants You a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, display, perform, modify, distribute and otherwise use the Product and Derivatives, in Source Code and Object Code form, in accordance with the terms and conditions of this License in order to support the general public good and for your internal business purposes.
* **Distribution.** You may distribute to third parties copies of the Product, including any Derivative that You create, in Source Code or Object Code form. If You distribute copies of the Product, including any Derivative that You create, in Source Code form, such distribution must be under the terms of this License and You must inform recipients of the Source Code that the Product is governed under this License and how they can obtain a copy of this License. You may distribute to third parties copies of the Product, including any Derivative that You create, in Object Code form, or allow third parties to access or use the Product, including any Derivative that You create, under a license of Your choice.
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This Section applies if You are a Commercial Entity.
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* **Commercial Sales.** You may not distribute, or allow third parties to access or use, the Product or any Derivative for a fee, unless You first obtain permission from the Originator. If Booz Allen Hamilton, please contact Booz Allen Hamilton at <opensource@bah.com>.
**Patent Claim(s)**.
This Section applies regardless of whether You are a government, non-profit academic, or other non-profit entity or a Commercial Entity.
* **Patent License.** Subject to the limitations in the Sections above, each Originator hereby grants You a perpetual, worldwide, non-exclusive, royalty-free license under Patent Claims of such Originator to make, use, sell, offer for sale, have made, and import the Product. The foregoing patent license does not apply (a) to any code that an Originator has removed from the Product, or (b) for infringement caused by Your modifications of the Product or the combination of any Derivative created by You or on Your behalf with other software.
### GENERAL TERMS
This Section applies regardless of whether You are a government, non-profit academic, or other non-profit entity or a Commercial Entity.
* **Required Notices.** If You distribute the Product or a Derivative, in Object Code or Source Code form, You shall not remove or otherwise modify any proprietary markings or notices contained within or placed upon the Product or any Derivative. Any distribution of the Product or a Derivative, in Object Code or Source Code form, shall contain a clear and conspicuous Originator copyright and license reference in accordance with the below:
* *Unmodified Product Notice*: “This software package is licensed under the Booz Allen Public License. Copyright © 20__ [Copyright Holder Name]. All Rights Reserved.”
* *Derivative Notice*: “This software package is licensed under the Booz Allen Public License. Portions of this code are Copyright © 20__ [Copyright Holder Name]. All Rights Reserved.”
* **Compliance with Laws.** You agree that You shall not reproduce, display, perform, modify, distribute and otherwise use the Product in any way that violates applicable law or regulation or infringes or violates the rights of others, including, but not limited to, third party intellectual property, privacy, and publicity rights.
* **Disclaimer.** You understand that the Product is licensed to You, and not sold. The Product is provided on an “As Is” basis, without any warranties, representations, and guarantees, whether oral or written, express, implied or statutory, with regard to the Product, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, and warranties arising from course of dealing or usage of trade, to the maximum extent permitted by applicable law. Originator does not warrant that (i) the Product will meet your needs; (ii) the Product will be error-free or accessible at all times; or (iii) the use or the results of the use of the Product will be correct, accurate, timely, or otherwise reliable. You acknowledge that the Product has not been prepared to meet Your individual requirements, whether or not such requirements have been communicated to Originator. You assume all responsibility for use of the Product.
* **Limitation of Liability.** Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Originator, or anyone who distributes the Product in accordance with this License, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if informed of the possibility of such damages.
* **Export Control.** The Product is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledges that You are responsible for obtaining such licenses to export, re-export, or import as may be required.
* **Severability.** If the application of any provision of this License to any particular facts or circumstances shall be held to be invalid or unenforceable, then the validity and enforceability of other provisions of this License shall not in any way be affected or impaired thereby.
This is a package of commutative diagram macros built on top of Xy-pic by
Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be freely
distributed, unchanged, for non-commercial or commercial use. If changed, it
must be renamed. Inclusion in a commercial software package is also permitted,
but I would appreciate receiving a free copy for my personal examination and
use. There are no guarantees that this package is good for anything. I have
tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know of no reason
it will not work with AMSTeX, I have not tested it.
The Baserow Enterprise Edition license (the "EE License")
The Baserow software and associated documentation files (the "Software") may only be
used in production, if you (and any entity that you represent) have a valid Baserow
Enterprise Edition subscription for the correct number of users, you adhere to the
applicable Baserow Subscription Terms of Service, available at
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Notwithstanding the foregoing, you may copy and modify the Software for development and
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The Software is provided "AS IS", without warranty of any kind, express or implied,
including but not limited to the warranties of merchantability, fitness for a
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holders be liable for any claim, damages or other liability, whether in an action of
contract, tort or otherwise, arising from, out of or in connection with the Software
or the use or other dealings in the Software.
The full text of this EE License shall be included in all copies or substantial
parts of the Software. The EE License applies only to the part of the Software that
is not distributed as part of Baserow Open Source Edition (Baserow OSE). Any part of
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For all third party components incorporated into the Baserow Software, those components
are licensed under the original license provided by the owner of the applicable
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The Baserow software and associated documentation files (the "Software") may only be
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and to all such modifications and/or patches, and all such modifications and/or patches
may only be used, copied, modified, displayed, distributed, or otherwise exploited with
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Notwithstanding the foregoing, you may copy and modify the Software for development and
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The Software is provided "AS IS", without warranty of any kind, express or implied,
including but not limited to the warranties of merchantability, fitness for a
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holders be liable for any claim, damages or other liability, whether in an action of
contract, tort or otherwise, arising from, out of or in connection with the Software
or the use or other dealings in the Software.
The full text of this PE License shall be included in all copies or substantial
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is not distributed as part of Baserow Open Source Edition (Baserow OSE). Any part of
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For all third party components incorporated into the Baserow Software, those components
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The Free Software Foundation has exempted Bash from the requirement of
Paragraph 2c of the General Public License. This is to say, there is
no requirement for Bash to print a notice when it is started
interactively in the usual way. We made this exception because users
and standards expect shells not to print such messages. This
exception applies to any program that serves as a shell and that is
based primarily on Bash as opposed to other GNU software.
Written by Solar Designer <solar at openwall.com> in 1998-2014.
No copyright is claimed, and the software is hereby placed in the public
domain. In case this attempt to disclaim copyright and place the software
in the public domain is deemed null and void, then the software is
Copyright (c) 1998-2014 Solar Designer and it is hereby released to the
general public under the following terms:
Redistribution and use in source and binary forms, with or without
modification, are permitted.
There's ABSOLUTELY NO WARRANTY, express or implied.
BEA Public License Version 2.1
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions of this agreement.
"Licensor" shall mean BEA Systems, Inc.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License, including but not limited to each Contributor other than Licensor in such Contributor's role as a licensee for the Software.
"Source Format" shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object Format" shall mean any form resulting from mechanical transformation or translation of a Source Format, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Software" shall mean the original version of the software accompanying this agreement as released by BEA, including in Source or Object Format, and also any documentation provided therewith.
"Derivative Works" shall mean any work, whether in Source or Object Format, that is based on (or derived from) the Software and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Software and derivative works
thereof.
"Contribution" shall mean any work of authorship, including the original version of the Software and any modifications or additions to that Software or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Software by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Software, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Software.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Software and such Derivative Works in Source or Object Format. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the foregoing copyright license.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Software, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Software to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Software or a Contribution incorporated within the Software constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Software shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Software or Derivative Works thereof in any medium, with or without modifications, and in Source or Object Format, provided that You meet the following conditions:
(a) You must give any other recipients of the Software or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source Format of any Derivative Works that You distribute, BEA's copyright notice, © [Date] BEA Systems, Inc. All rights Reserved. and all other copyright, patent, trademark, and attribution notices from the Source Format of the Software, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) You must affix to the Software or any Derivative Works in a prominent manner BEA's copyright notice, © [Date] BEA Systems, Inc. All rights Reserved whenever You distribute the Software or such Derivative Works in Object Format.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Software otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Software by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Software and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using and distributing the Software and assume all risks associated with Your exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Further, You understand that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that its Contribution does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any.
8. Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Accepting Warranty or Additional Liability. Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Software, if You include the Software in a commercial product offering, You may do so only in a manner which does not create potential liability for any Contributor. Therefore, if You include the Software in a commercial product offering, You shall and hereby do agree to defend and indemnify each and every Contributor against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against such Contributor(s) to the extent caused by Your acts or omissions in connection with Your distribution of the Software in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify to receive indemnification from You, a Contributor must: a) promptly notify You in writing of such claim, and b) allow the You to control, and cooperate with the You in, the defense and any related settlement negotiations. The Contributor indemnified by You may participate in any such claim at its own expense.
License
by "Beal Screamer"
-----BEGIN PGP SIGNED MESSAGE-----
A license???? For anonymously published software? Yes! The purpose here is to outline how I would like the software used. Putting together all this has been a lot of work, and I hope people can respect the purpose behind the software, as spelled out here.
The purpose of this software is to re-assert your rights over fair use of audio files that you have legally purchased or otherwise obtained legally. Please use it for that purpose only. Do not use it to unprotect files you don't have a legal right to, or to unprotect legal files for the purpose of re-distributing them to others who do not have a legal right to the content. In other words, in use of this software obey traditional copyright laws -- but the DMCA may be completely ignored as far as this license concerned (although you must accept responsibility for ignoring this law, since it is enforceable).
This is free software, without any warranties, guarantees, or any assurance that it will work as described. It relies on certain other software (from Microsoft) operating as it currently does, so I don't take any responsibility for what happens if Microsoft updates their software to render this useless, or even if they put bombs in their new software to erase all your files if they detect this software. But I sure hope they wouldn't do that.
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zLQiQHXsIuy4Looy9NxNe0REhDT0yg141Kvd+Sbpx2iv7A6H1aelxC4G1JkHU4Rq
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BeeGFS END USER LICENSE AGREEMENT
December 18, 2024
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY USING THE SOFTWARE BEEGFS YOU
ACCEPT ALL TERMS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1.) DEFINITIONS
1.1) LICENSOR: ThinkParQ GmbH, Trippstadter Strasse 113, 67663 Kaiserslautern,
Germany.
1.2) LICENSEE: The user of BEEGFS under this License Agreement.
1.3) LICENSED SOFTWARE: The Software BEEGFS in source code and object code form
including all executable programs.
1.4) DOCUMENTATION: The BEEGFS user's guide, e-mails and other explanatory
materials accompanying the LICENSED SOFTWARE in printed or electronic form.
2.) OWNERSHIP / INTELLECTUAL PROPERTY RIGHTS
LICENSEE acknowledges that ownership and all intellectual property rights
related to the LICENSED SOFTWARE and to the DOCUMENTATION, including patents,
copyright, company or trade secrets remain with the LICENSOR.
LICENSEE promises to keep and not to modify the copyright notices of the
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3.) SCOPE OF LICENSE
3.1) Provided LICENSEE accepts all terms of this License Agreement, LICENSEE
is granted a non-exclusive, non-assignable right to use the LICENSED SOFTWARE,
which means LICENSEE may use the software for an unrestricted number of users,
as well as use the accompanying DOCUMENTATION by the actual number of users.
3.2) Without prior written consent of LICENSOR or an authorized partner,
LICENSEE may modify the source code and use the modified version of the LICENSED
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3.3) Without prior written consent of LICENSOR or an authorized partner,
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- use, copy or distribute the LICENSED SOFTWARE except as provided for under
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All enterprise features are disabled by default. LICENSEE may not modify or
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3.5) The license under this License Agreement relates to the LICENSED SOFTWARE.
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5.) MISCELLANEOUS
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In case that one or several of the terms of this Agreement should be or become
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unaffected. In such a case, the parties shall replace the invalid or
unenforceable condition by another legally effective provision meeting the
purpose of the abolished provision to the greatest extent. The same applies in
case of a gap of regulation.
"THE BEER-WARE LICENSE" (Revision 42):
<phk@FreeBSD.ORG> wrote this file. As long as you retain this notice you
can do whatever you want with this stuff. If we meet some day, and you think
this stuff is worth it, you can buy me a beer in return Poul-Henning Kamp
BERI HARDWARE-SOFTWARE LICENSE v1.0
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not approved or endorsed by the Apache Foundation. Changes primarily
relate to broadening the set of rights covered by the license from simple
copyright to other hardware-related rights such as board layouts and CAD
files. A copy of the non-modified Apache License 2.0 can be found at
http://www.apache.org/licenses/LICENSE-2.0
As this license is not currently OSI or FSF approved, the Licensor
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to its use.
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risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply this license to your work.
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This software and associated documentation files (the "Software") may only be used in production, if you (and any entity that you represent) have agreed to, and are in compliance with, the BerriAI Subscription Terms of Service, available via call or email (info@berri.ai) (the "Enterprise Terms"), or other agreement governing the use of the Software, as agreed by you and BerriAI, and otherwise have a valid BerriAI Enterprise license for the correct number of user seats. Subject to the foregoing sentence, you are free to modify this Software and publish patches to the Software. You agree that BerriAI and/or its licensors (as applicable) retain all right, title and interest in and to all such modifications and/or patches, and all such modifications and/or patches may only be used, copied, modified, displayed, distributed, or otherwise exploited with a valid BerriAI Enterprise license for the correct number of user seats. Notwithstanding the foregoing, you may copy and modify the Software for development and testing purposes, without requiring a subscription. You agree that BerriAI and/or its licensors (as applicable) retain all right, title and interest in and to all such modifications. You are not granted any other rights beyond what is expressly stated herein. Subject to the foregoing, it is forbidden to copy, merge, publish, distribute, sublicense, and/or sell the Software.
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For all third party components incorporated into the BerriAI Software, those components are licensed under the original license provided by the owner of the applicable component.
BigCode Open RAIL-M v1 License Agreement
Section I: Preamble
This OpenRAIL-M License Agreement was created under BigCode, an open and collaborative research project aimed at the responsible development and Use of Large Language Models (“LLMs”) for code generation. This license is generally applicable to any machine-learning Model.
This License Agreement strives for both the open and responsible Use of the accompanying Model. Openness here is understood as enabling users of the Model on a royalty free basis to Use it, modify it, and even share commercial versions of it. Use restrictions are included to prevent misuse of the Model.
This License Agreement governs the Use of the Model and Modifications of the Model. You and Licensor agree as follows:
1.Definitions
a. “Contribution” means any work of authorship, including the original version of the Model and any Modifications of the Model that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
b. “Contributor” means Licensor and any individual or entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.
c. “Data” means a collection of information extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License Agreement.
d. “Explanatory Documentation” means model cards, data cards, or any other similar documentation or related information dedicated to inform the public about the characteristics of the model. Explanatory documentation is not licensed under this license.
e. “Harm” includes but is not limited to physical, mental, psychological, financial and reputational damage, pain, or loss.
f. “License Agreement” means this document.
g. “Licensor” means the rights owners or entity authorized by the rights owners that are granting the terms and conditions of this License Agreement.
h. “Model” means machine-learning based assemblies (including checkpoints), consisting of learnt weights and parameters (including optimizer states), corresponding to a model architecture as embodied in source code. Source code is not licensed under this License Agreement.
i. “Modifications of the Model” means all changes to the Model or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or Output of the Model.
j. “Output” means the results of operating the Model.
k. “Share” means any transmission, reproduction, publication or other sharing of the Model or Modifications of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means, including - but not limited to - API-based or web access.
l. “Third Parties” means individuals or legal entities that are not under common control with Licensor or You.
m. “Use” includes - but is not limited to - generating any Output, fine tuning, updating, running, training, evaluating and/or reparametrizing the Model.
n. “You” (or “Your”) means an individual or Legal Entity exercising permissions granted by this License Agreement and/or making Use of the Model for whichever purpose and in any field of Use.
Section II: INTELLECTUAL PROPERTY RIGHTS
The Model and Modifications of the Model are subject to additional terms as described in Section III, which shall govern the Use of the Model and Modifications of the Model.
Grant of Copyright license. Subject to the terms and conditions of this License Agreement and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, copyright license to reproduce, prepare, publicly display, publicly perform, sublicense under the terms herein, and distribute the Model and Modifications of the Model.
Grant of Patent license. Subject to the terms and conditions of this License Agreement and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free patent license to make, have made, Use, offer to sell, sell, import, and otherwise transfer the Model, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model or a Contribution incorporated within the Model constitutes direct or contributory patent infringement, then any rights granted to You under this License Agreement for the Model shall terminate as of the date such litigation is filed.
Section III: CONDITIONS OF USE
4. Use conditions. Compliance with the restrictions in Attachment A is a condition to the grants in this License Agreement. If You Use the Model, You agree not to Use it for the specified restricted uses set forth in Attachment A.
5. Sharing of the Model
5.1. You may Share the Model or Modifications of the Model under any license of your choice that does not contradict the restrictions in Attachment A of this License Agreement and includes:
a. Paragraph 4 and the restrictions in Attachment A of this License Agreement, or,
b. Use conditions similar to Paragraph 4 that must accomplish the same purpose as the use conditions in Paragraph 4 and a similar set of restrictions to those in Attachment A that must accomplish the same purpose as the restrictions in Attachment A.
5.2. When You Share the Model or Modifications of the Model, You agree to:
a. Give any recipients a copy of this License Agreement;
b. Retain all Explanatory Documentation; and if sharing Modifications of the Model, add Explanatory Documentation of the same or better quality documenting the changes made to create the Modifications of the Model; and
c. Retain all copyright, patent, trademark, and attribution notices.
6. The Output You Generate. Licensor claims no rights in the Output. You agree not to contravene any provision as stated in the License Agreement with your Use of the Output.
Section IV: OTHER PROVISIONS
7. Updates and Runtime Restrictions. Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License Agreement.
8. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Model by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
9. Trademarks and related. Nothing in this License Agreement permits You to make Use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
10. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or sharing the Model and Modifications of the Model, and assume any risks associated with Your exercise of permissions under this License Agreement.
11. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License Agreement or out of the Use or inability to Use the Model (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, model failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
12. Accepting Warranty or Additional Liability. While sharing the Model or Modifications of the Model thereof, You may choose to offer and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
13. This License Agreement is a license of copyright and patent rights and an agreement in contract between You and the Licensor. If any provision of this License Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A - USE RESTRICTIONS
You agree not to Use the Model or Modifications of the Model:
(a) In any way that violates any applicable national, federal, state, local or international law or regulation;
(b) For the purpose of exploiting, Harming or attempting to exploit or harm minors in any way;
(c) To generate and/or disseminate malware (including - but not limited to - ransomware) or any other content to be used for the purpose of Harming electronic systems;
(d) To generate or disseminate verifiably false information and/or content with the purpose of Harming others;
(e) To generate or disseminate personal identifiable information with the purpose of Harming others;
(f) To generate or disseminate information (including - but not limited to - images, code, posts, articles), and place the information in any public context (including - but not limited to - bot generating tweets) without expressly and intelligibly disclaiming that the information and/or content is machine generated;
(g) To intentionally defame, disparage or otherwise harass others;
(h) To impersonate or attempt to impersonate human beings for purposes of deception;
(i) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation without expressly and intelligibly disclaiming that the creation or modification of the obligation is machine generated;
(j) For any Use intended to discriminate against or Harm individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
(k) To intentionally exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
(l) For any Use intended to discriminate against individuals or groups based on legally protected characteristics or categories;
(m) To provide medical advice or medical results interpretation that is intended to be a substitute for professional medical advice, diagnosis, or treatment;
(n) For fully automated decision making in administration of justice, law enforcement, immigration or asylum processes.
BigDigits License
This source code is part of the BIGDIGITS multiple-precision arithmetic
library Version 2.3 originally written by David Ireland, copyright (c)
2001-11 D.I. Management Services Pty Limited, all rights reserved.
You are permitted to use compiled versions of this code at no charge as
part of your own executable files and to distribute unlimited copies of
such executable files for any purposes including commercial ones
provided you agree to these terms and conditions and keep the copyright
notices intact in the source code and you ensure that the following
characters remain in any object or executable files you distribute AND
clearly in any accompanying documentation:
"Contains BIGDIGITS multiple-precision arithmetic code originally
written by David Ireland, copyright (c) 2001-11 by D.I. Management
Services Pty Limited <www.di-mgt.com.au>, and is used with permission."
David Ireland and DI Management Services Pty Limited make no
representations concerning either the merchantability of this software
or the suitability of this software for any particular purpose. It is
provided "as is" without express or implied warranty of any kind. Our
liability will be limited exclusively to the refund of the money you
paid us for the software, namely nothing. By using the software you
expressly agree to such a waiver. If you do not agree to the terms, do
not use the software.
Please forward any comments and bug reports to <www.di-mgt.com.au>. The
latest version of the source code can be downloaded from
<www.di-mgt.com.au/bigdigits.html>.
Last updated: 11 November 2011.
This is the LEGAL NOTICE pertaining to the Lucida fonts from Bigelow & Holmes:
NOTICE TO USER: The source code, including the glyphs or icons
forming a par of the OPEN LOOK TM Graphic User Interface, on this
tape and in these files is copyrighted under U.S. and international
laws. Sun Microsystems, Inc. of Mountain View, California owns
the copyright and has design patents pending on many of the icons.
AT&T is the owner of the OPEN LOOK trademark associated with the
materials on this tape. Users and possessors of this source code
are hereby granted a nonexclusive, royalty-free copyright and
design patent license to use this code in individual and
commercial software. A royalty-free, nonexclusive trademark
license to refer to the code and output as "OPEN LOOK" compatible
is available from AT&T if, and only if, the appearance of the
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necessary to accommodate the standard resolution of the screen or
other output device, the code and output is not changed except as
authorized herein, and the code and output is validated by AT&T.
Bigelow & Holmes is the owner of the Lucida (R) trademark for the
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and only if, the fonts and bit-mapped images are not modified in any
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Any use of this source code must include, in the user documentation
and internal comments to the code, notices to the end user as
follows:
(c) Copyright 1989 Sun Microsystems, Inc. Sun design patents
pending in the U.S. and foreign countries. OPEN LOOK is a
trademark of AT&T. Used by written permission of the owners.
(c) Copyright Bigelow & Holmes 1986, 1985. Lucida is a registered
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and fonts described in this file.
SUN MICROSYSTEMS, INC., AT&T, AND BIGELOW & HOLMES
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THIS SOURCE CODE FOR ANY PURPOSE. IT IS PROVIDED "AS IS"
WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
SUN MICROSYSTEMS, INC., AT&T AND BIGELOW & HOLMES,
SEVERALLY AND INDIVIDUALLY, DISCLAIM ALL WARRANTIES
WITH REGARD TO THIS SOURCE CODE, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
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WITH THE USE OR PERFORMANCE OF THIS SOURCE CODE.
BigScience Open RAIL-M License
dated August 18, 2022
Section I: PREAMBLE
This Open RAIL-M License was created by BigScience, a collaborative open innovation project aimed at the responsible development and use of large multilingual datasets and Large Language Models (“LLMs”). While a similar license was originally designed for the BLOOM model, we decided to adapt it and create this license in order to propose a general open and responsible license applicable to other machine learning based AI models (e.g. multimodal generative models).
In short, this license strives for both the open and responsible downstream use of the accompanying model. When it comes to the open character, we took inspiration from open source permissive licenses regarding the grant of IP rights. Referring to the downstream responsible use, we added use-based restrictions not permitting the use of the Model in very specific scenarios, in order for the licensor to be able to enforce the license in case potential misuses of the Model may occur. Even though downstream derivative versions of the model could be released under different licensing terms, the latter will always have to include - at minimum - the same use-based restrictions as the ones in the original license (this license).
The development and use of artificial intelligence (“AI”), does not come without concerns. The world has witnessed how AI techniques may, in some instances, become risky for the public in general. These risks come in many forms, from racial discrimination to the misuse of sensitive information.
BigScience believes in the intersection between open and responsible AI development; thus, this License aims to strike a balance between both in order to enable responsible open-science in the field of AI.
This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model.
NOW THEREFORE, You and Licensor agree as follows:
1. Definitions
(a) "License" means the terms and conditions for use, reproduction, and Distribution as defined in this document.
(b) “Data” means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License.
(c) “Output” means the results of operating a Model as embodied in informational content resulting therefrom.
(d) “Model” means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
(e) “Derivatives of the Model” means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including - but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
(f) “Complementary Material” means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc, if any.
(g) “Distribution” means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means - e.g. API-based or web access.
(h) “Licensor” means the copyright owner or entity authorized by the copyright owner that is granting the License, including the persons or entities that may have rights in the Model and/or distributing the Model.
(i) "You" (or "Your") means an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator, image generator.
(j) “Third Parties” means individuals or legal entities that are not under common control with Licensor or You.
(k) "Contribution" means any work of authorship, including the original version of the Model and any modifications or additions to that Model or Derivatives of the Model thereof, that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
(l) "Contributor" means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.
Section II: INTELLECTUAL PROPERTY RIGHTS
Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model.
3. Grant of Patent License. Subject to the terms and conditions of this License and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution incorporated within the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or Work shall terminate as of the date such litigation is asserted or filed.
Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
4. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions:
a. Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users You Distribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material.
b. You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License;
c. You must cause any modified files to carry prominent notices stating that You changed the files; d. You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model,
Derivatives of the Model.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions - respecting paragraph 4.a. - for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License.
5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).
6. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License.
Section IV: OTHER PROVISIONS
7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model.
8. Trademarks and related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License.
10. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
11. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
12. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or Derivatives of the Model:
(a) In any way that violates any applicable national, federal, state, local or international law or regulation;
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
(c) To generate or disseminate verifiably false information and/or content with the purpose of harming others;
(d) To generate or disseminate personal identifiable information that can be used to harm an individual;
(e) To generate or disseminate information and/or content (e.g. images, code, posts, articles), and place the information and/or content in any context (e.g. bot generating tweets) without expressly and intelligibly disclaiming that the information and/or content is machine generated;
(f) To defame, disparage or otherwise harass others;
(g) To impersonate or attempt to impersonate (e.g. deepfakes) others without their consent;
(h) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
(i) For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
(j) To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
(k) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
(l) To provide medical advice and medical results interpretation;
(m) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
CreativeML Open RAIL++-M License
dated November 24, 2022
Section I: PREAMBLE
Multimodal generative models are being widely adopted and used, and have the potential to transform the way artists, among other individuals, conceive and benefit from AI or ML technologies as a tool for content creation.
Notwithstanding the current and potential benefits that these artifacts can bring to society at large, there are also concerns about potential misuses of them, either due to their technical limitations or ethical considerations.
In short, this license strives for both the open and responsible downstream use of the accompanying model. When it comes to the open character, we took inspiration from open source permissive licenses regarding the grant of IP rights. Referring to the downstream responsible use, we added use-based restrictions not permitting the use of the Model in very specific scenarios, in order for the licensor to be able to enforce the license in case potential misuses of the Model may occur. At the same time, we strive to promote open and responsible research on generative models for art and content generation.
Even though downstream derivative versions of the model could be released under different licensing terms, the latter will always have to include - at minimum - the same use-based restrictions as the ones in the original license (this license). We believe in the intersection between open and responsible AI development; thus, this License aims to strike a balance between both in order to enable responsible open-science in the field of AI.
This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model.
NOW THEREFORE, You and Licensor agree as follows:
1. Definitions
- "License" means the terms and conditions for use, reproduction, and Distribution as defined in this document.
- "Data" means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License.
- "Output" means the results of operating a Model as embodied in informational content resulting therefrom.
- "Model" means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
- "Derivatives of the Model" means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including - but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
- "Complementary Material" means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc, if any.
- "Distribution" means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means - e.g. API-based or web access.
- "Licensor" means the copyright owner or entity authorized by the copyright owner that is granting the License, including the persons or entities that may have rights in the Model and/or distributing the Model.
- "You" (or "Your") means an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator, image generator.
- "Third Parties" means individuals or legal entities that are not under common control with Licensor or You.
- "Contribution" means any work of authorship, including the original version of the Model and any modifications or additions to that Model or Derivatives of the Model thereof, that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
- "Contributor" means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.
Section II: INTELLECTUAL PROPERTY RIGHTS
Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model.
3. Grant of Patent License. Subject to the terms and conditions of this License and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution incorporated within the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or Work shall terminate as of the date such litigation is asserted or filed.
Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
4. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions:
Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users You Distribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material.
You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License;
You must cause any modified files to carry prominent notices stating that You changed the files;
You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions - respecting paragraph 4.a. - for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License.
5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).
6. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License.
Section IV: OTHER PROVISIONS
7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License.
8. Trademarks and related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License.
10. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
11. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
12. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or Derivatives of the Model:
- In any way that violates any applicable national, federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
BigScience RAIL License v1.0
dated May 19, 2022
This is a license (the “License”) between you (“You”) and the participants of BigScience (“Licensor”). Whereas the Apache 2.0 license was applicable to resources used to develop the Model, the licensing conditions have been modified for the access and distribution of the Model. This has been done to further BigScience’s aims of promoting not just open-access to its artifacts, but also a responsible use of these artifacts. Therefore, this Responsible AI License (RAIL)[1] aims at having an open and permissive character while striving for responsible use of the Model.
Section I: PREAMBLE
BigScience is a collaborative open innovation project aimed at the responsible development and use of large multilingual datasets and Large Language Models (“LLM”), as well as, the documentation of best practices and tools stemming from this collaborative effort. Further, BigScience participants wish to promote collaboration and sharing of research artifacts - including the Model - for the benefit of society, pursuant to this License.
The development and use of LLMs, and broadly artificial intelligence (“AI”), does not come without concerns. The world has witnessed how just a few companies/institutions are able to develop LLMs, and moreover, how Natural Language Processing techniques might, in some instances, become a risk for the public in general. Concerns might come in many forms, from racial discrimination to the treatment of sensitive information.
BigScience believes in the intersection between open and responsible AI development, thus, this License aims to strike a balance between both in order to enable responsible open-science for large language models and future NLP techniques.
This License governs the use of the BigScience BLOOM models (and their derivatives) and is informed by both the BigScience Ethical Charter and the model cards associated with the BigScience BLOOM models. BigScience has set forth its Ethical Charter representing the values of its community. Although the BigScience community does not aim to impose its values on potential users of this Model, it is determined to take tangible steps towards protecting the community from inappropriate uses of the work being developed by BigScience.
Furthermore, the model cards for the BigScience BLOOM models will inform the user about the limitations of the Model, and thus serves as the basis of some of the use-based restrictions in this License (See Part II).
NOW THEREFORE, You and Licensor agree as follows:
1. Definitions
1. "License" shall mean the terms and conditions for use, reproduction, and Distribution as defined in this document.
2. “Data” means a collection of texts extracted from the BigScience Corpus used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License. The BigScience Corpus is a collection of existing sources of language data documented on the BigScience website.
3. “Output” means the results of operating a Model as embodied in informational content resulting therefrom.
4. “Model” means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the BigScience BLOOM model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part, on the Data using the Complementary Material.
5. “Derivatives of the Model” means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including - but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
6. “Complementary Material” shall mean the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation. This includes any accompanying documentation, tutorials, examples etc.
7. “Distribution” means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means - e.g. API-based or web access.
8. “Licensor” means the copyright owner or entity authorized by the copyright owner that is granting the License, including the persons or entities that may have rights in the Model and/or distributing the Model.
9. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator.
10. “Third Parties” means individuals or legal entities that are not under common control with Licensor or You.
11. "Contribution" shall mean any work of authorship, including the original version of the Model and any modifications or additions to that Model or Derivatives of the Model thereof, that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
12. "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.
Section II: INTELLECTUAL PROPERTY RIGHTS
Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution incorporated within the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or Work shall terminate as of the date such litigation is filed.
Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
4. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions:
1. Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users You Distribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material.
2. You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License;
3. You must cause any modified files to carry prominent notices stating that You changed the files;
4. You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions - respecting paragraph 4.a. - for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License.
5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).
6. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License.
Section IV: OTHER PROVISIONS
7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model.
8. Trademarks and related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License.
10. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
11. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
12. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or Derivatives of the Model:
1. In any way that violates any applicable national, federal, state, local or international law or regulation;
2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
3. To generate or disseminate verifiably false information with the purpose of harming others;
4. To generate or disseminate personal identifiable information that can be used to harm an individual;
5. To generate or disseminate information or content, in any context (e.g. posts, articles, tweets, chatbots or other kinds of automated bots) without expressly and intelligibly disclaiming that the text is machine generated;
6. To defame, disparage or otherwise harass others;
7. To impersonate or attempt to impersonate others;
8. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
9. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics
10. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
11. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
12. To provide medical advice and medical results interpretation;
13. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
* Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of the Copyright Holder nor the names of its
suppliers may be used to endorse or promote products derived from this
software without specific prior written permission.
* No reverse engineering, decompilation, or disassembly of this software
is permitted.
Limited patent license. The Copyright Holder grants a world-wide,
royalty-free, non-exclusive license under patents it now or hereafter
owns or controls to make, have made, use, import, offer to sell and
sell ("Utilize") this software, but solely to the extent that any
such patent is necessary to Utilize the software alone, or in
combination with an operating system licensed under an approved Open
Source license as listed by the Open Source Initiative at
http://opensource.org/licenses. The patent license shall not apply to
any other combinations which include this software. No hardware per
se is licensed hereunder.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
* Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of the Copyright Holder nor the names of its
suppliers may be used to endorse or promote products derived from this
software without specific prior written permission.
* No reverse engineering, decompilation, or disassembly of this software
is permitted.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
Biopython License Agreement
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This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the
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dropped.
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software
distribution containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous
Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source
Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it.
(The term "Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you
make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you
must make the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty
whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly
or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or
for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any
terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will
apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a
proprietary license of your choice. If you use any license other than this License, however, you must continue to
fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those
portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time. You may choose to continue to use the license
terms in this version of the License or those from the new version. However, only the Licensor has the right to
change the License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and
the definitions are repeated for your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the
substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of
Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications
that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity
who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a
world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the
following:
1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
part of Derivative Works.
2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as
expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete
from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is
granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product.
Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this
License any code that Licensor otherwise would have a right to license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed
Product, you hereby agree that any Modifications that you create or to which you contribute, and which you
distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications
that you create or to which you contribute may be distributed only under the terms of this License or a future
version of this License released under Section 7. You must include a copy of this License with every copy of the
Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of
the Licensed Product or Modifications that alter or restrict the applicable version of this License or the
recipients' rights hereunder. However, you may include an additional document offering the additional rights
described in Section 4(d).
b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of
the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any
executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development
community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any
version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12)
months after the date it initially became available, or at least six (6) months after a subsequent version of said
Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
c. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third
party's intellectual property right is required to exercise the rights granted by this License, you must include a
text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any
Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been
obtained.
ii. Contributor APIs. If your Modifications include an application
programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement
that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to
4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have
sufficient rights to grant the rights conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation you provide along with the Source
Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe
recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice")
in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification,
you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source
Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file)
where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so
only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such
warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the
Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of
warranty, support, indemnity or liability terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a
license of your choice that may contain terms different from this License provided (i) you have satisfied the
requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the
executable version, related documentation and collateral materials stating that the Source Code version of the
Licensed Product is available under the terms of this License, including a description of how and where you have
fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License
are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every
Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the
Licensed Product with other code) and distribute the Derivative Works as products under any other license you select,
with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that
consist of the Licensed Product or any Modifications thereto.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the
terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or
regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the
statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the
code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included
with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such
description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to
understand it.
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the
Notice in Exhibit A, which is incorporated herein by this reference.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License,
you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product
under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the
right to modify the terms applicable to Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do
only in order to apply it to software that is not already a Licensed Product under this License, you must rename your
license so that it is not confusingly similar to this License, and must make it clear that your license contains
terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any
Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate
automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of
becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any
termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this
License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent
infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or
Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product
directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections
1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable
reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your
litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable
royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of
said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging
that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or
settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses
granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of
any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all
end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you
or any distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and
damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with
Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth
herein.
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any
provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable
law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation
relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of
California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa
Clara County, California, with the losing party responsible for costs including, without limitation, court costs and
reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in
any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of
a contract shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an
individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a
future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is
controlled by, or is under common control with you. For purposes of this definition, control means (i) the power,
direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii)
ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated
here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined
term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification.
(See Section 2)
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
License: This BitTorrent Open Source License. (See first paragraph of License)
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes
all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor: BitTorrent, Inc. (See first paragraph of License)
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed
Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained
therein, plus any associated interface definition files, scripts used to control compilation and installation of an
executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See
Section 1(a))
You: This term is defined in Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or
any hereto. Contributors to any Modifications may add their own copyright notices to identify their own
contributions.
License:
The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not
copy or use this file, in either source code or executable form, except in compliance with the License. You may
obtain a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the License for the specific language governing rights and limitations under the License.
BitTorrent Open Source License
Version 1.1
This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been deleted.
This License provides that:
1. You may use or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others free of charge and without a royalty.
5. You may sell, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any Contributor, provided that such executable versions contain your or another Contributor?s material Modifications. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor?s material Modifications, you may not sell, accept donations or otherwise receive compensation for such executable.
You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for, sell, accept donations or otherwise receive compensation for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time in connection with new versions of a Licensed Product or otherwise. You may choose to continue to use the license terms in this version of the License for the Licensed Product that was originally licensed hereunder, however, the new versions of this License will at all times apply to new versions of the Licensed Product released by Licensor after the release of the new version of this License. Only the Licensor has the right to change the License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by a Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the substance or structure of (i) a file containing a Licensed Product, or (ii) any new file that contains any part of a Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. Subject to the terms and conditions of this License, By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license. As an express condition for your use of the Licensed Product, you hereby agree that you will not, without the prior written consent of Licensor, use any trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. For the avoidance of doubt and without limiting the foregoing, you hereby agree that you will not use or display any trademark of Licensor or any Contributor in any domain name, directory filepath, advertisement, link or other reference to you in any manner or in any media.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(d).
b. Availability of Source Code. You must make available, without charge, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for as long as any executable or other form of the Licensed Product is distributed by you. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
c. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
g. Compensation for Distribution of Executable Versions of Licensed Products, Modifications or Derivative Works. Notwithstanding any provision of this License to the contrary, by distributing, selling, licensing, sublicensing or otherwise making available any Licensed Product, or Modification or Derivative Work thereof, you and Licensor hereby acknowledge and agree that you may sell, license or sublicense for a fee, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any other Contributor, provided that such executable versions (i) contain your or another Contributor?s material Modifications, or (ii) are otherwise material Derivative Works. For purposes of this License, an executable version of the Licensed Product will be deemed to contain a material Modification, or will otherwise be deemed a material Derivative Work, if (a) the Licensed Product is modified with your own or a third party?s software programs or other code, and/or the Licensed Product is combined with a number of your own or a third party?s software programs or code, respectively, and (b) such software programs or code add or contribute material value, functionality or features to the License Product. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor?s material Modifications or is otherwise not a material Derivative Work, in each case as contemplated herein, you may not sell, license or sublicense for a fee, accept donations or otherwise receive compensation for such executable. Additionally, without limitation of the foregoing and notwithstanding any provision of this License to the contrary, you cannot charge for, sell, license or sublicense for a fee, accept donations or otherwise receive compensation for the Source Code.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version, provided that any such license be in full force and effect at the time, and has not been revoked or otherwise terminated. You may also choose to use such Licensed Product under the terms of any subsequent version (but not any prior version) of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within ten (10) days of being notified of the breach by the Licensor. For purposes of this provision, proof of delivery via email to the address listed in the ?WHOIS? database of the registrar for any website through which you distribute or market any Licensed Product, or to any alternate email address which you designate in writing to the Licensor, shall constitute sufficient notification. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license so long as they continue to complye with the terms of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that in any litigation relating to this license the losing party shall be responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is controlled by, is under common control with, or affiliated with, you. For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. You are responsible for advising any affiliated entity of the terms of this License, and that any rights or privileges derived from or obtained by way of this License are subject to the restrictions outlined herein.
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
License: This BitTorrent Open Source License. (See first paragraph of License)
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor: BitTorrent, Inc. (See first paragraph of License)
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See Section 1(a))
You: This term is defined in Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any hereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
BitTorrent Open Source License
Version 1.2
This BitTorrent Open Source License (the "License") applies to certain software that is distributed by BitTorrent, Inc. ("Licensor") specifically under this license ("BitTorrent Products"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been deleted.
This License provides that:
You may use or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others free of charge and without a royalty.
You may sell, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any Contributor, provided that such executable versions contain your or another Contributor’s material Modifications. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor’s material Modifications, you may not sell, accept donations or otherwise receive compensation for such executable.
You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for, sell, accept donations or otherwise receive compensation for the Source Code.
If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time in connection with new versions of a Licensed Product or otherwise. You may choose to continue to use the license terms in this version of the License for the Licensed Product that was originally licensed hereunder, however, the new versions of this License will at all times apply to new versions of the Licensed Product released by Licensor after the release of the new version of this License. Only the Licensor has the right to change the License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
License Terms
Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by a Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the substance or structure of (i) a file containing a Licensed Product, or (ii) any new file that contains any part of a Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. Subject to the terms and conditions of this License, By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license. As an express condition for your use of the Licensed Product, you hereby agree that you will not, without the prior written consent of Licensor, use any trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. For the avoidance of doubt and without limiting the foregoing, you hereby agree that you will not use or display any trademark of Licensor or any Contributor in any domain name, directory filepath, advertisement, link or other reference to you in any manner or in any media.
Your Obligations Regarding Distribution.
Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(d).
Availability of Source Code. You must make available, without charge, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for as long as any executable or other form of the Licensed Product is distributed by you. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
Intellectual Property Matters.
Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
Representations. You represent that, except as disclosed pursuant to 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
Compensation for Distribution of Executable Versions of Licensed Products, Modifications or Derivative Works. Notwithstanding any provision of this License to the contrary, by distributing, selling, licensing, sublicensing or otherwise making available any Licensed Product, or Modification or Derivative Work thereof, you and Licensor hereby acknowledge and agree that you may sell, license or sublicense for a fee, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any other Contributor, provided that such executable versions (i) contain your or another Contributor’s material Modifications, or (ii) are otherwise material Derivative Works. For purposes of this License, an executable version of the Licensed Product will be deemed to contain a material Modification, or will otherwise be deemed a material Derivative Work, if (a) the Licensed Product is modified with your own or a third party’s software programs or other code, and/or the Licensed Product is combined with a number of your own or a third party’s software programs or code, respectively, and (b) such software programs or code add or contribute material value, functionality or features to the License Product. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor’s material Modifications or is otherwise not a material Derivative Work, in each case as contemplated herein, you may not sell, license or sublicense for a fee, accept donations or otherwise receive compensation for such executable. Additionally, without limitation of the foregoing and notwithstanding any provision of this License to the contrary, you cannot charge for, sell, license or sublicense for a fee, accept donations or otherwise receive compensation for the Source Code.
Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
Application of This License. This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
Versions of This License.
New Versions. Licensor may publish from time to time revised and/or new versions of the License.
Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version, provided that any such license be in full force and effect at the time, and has not been revoked or otherwise terminated. You may also choose to use such Licensed Product under the terms of any subsequent version (but not any prior version) of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.
Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Termination.
Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within ten (10) days of being notified of the breach by the Licensor. For purposes of this provision, proof of delivery via email to the address listed in the WHOIS database of the registrar for any website through which you distribute or market any Licensed Product, or to any alternate email address which you designate in writing to the Licensor, shall constitute sufficient notification. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license so long as they continue to comply with the terms of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonable royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that in any litigation relating to this license the losing party shall be responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
Definition of You in This License. You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is controlled by, is under common control with, or affiliated with, you. For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. You are responsible for advising any affiliated entity of the terms of this License, and that any rights or privileges derived from or obtained by way of this License are subject to the restrictions outlined herein.
Glossary. All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
License: This BitTorrent Open Source License. (See first paragraph of License)
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor: BitTorrent, Inc. (See first paragraph of License)
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See Section 1(a))
You: This term is defined in Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any hereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the BitTorrent Open Source License Version 1.2 (the License). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
End User License Agreement (EULA)
By accepting this agreement or by installing BitTorrent or uTorrent or other software offered by or on behalf of BitTorrent, Inc. (the "Software") or by clicking "Install", you agree to the following terms, notwithstanding anything to the contrary in this agreement.
The Software is a peer-to-peer file distribution application distributed by BitTorrent, Inc.
License
Subject to your compliance with these terms and conditions, BitTorrent, Inc. grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. BitTorrent, Inc. reserves all rights in the Software not expressly granted to you here.
Restrictions
The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.
The BitTorrent Technologies
Downloading and Updates
The Software downloads only those files that are both authorized by you for download (specifically or by category or subscription), except that the Software automatically updates itself.
Automatic Uploading
The Software accelerates downloads by enabling your computer to grab pieces of files from other BitTorrent users simultaneously. Your use of the Software to download files will, in turn, enable other users to download pieces of those files from you, thereby maximizing download speeds for all users. In the Software, only files that you are explicitly downloading or sharing or have downloaded or shared through BitTorrent will be made available to others. You consent to other users' use of your network connection to download portions of such files from you. At any time, you may uninstall the Software through the Add/Remove Programs control panel utility. In addition, for the BitTorrent or uTorrent software, you can control the Software in multiple ways through its user interface without affecting any files you have already downloaded.
Disclaimer of Warranty
BitTorrent, Inc. disclaims any responsibility for harm resulting from the Software or any software or content downloaded using the Software, whether or not BitTorrent, Inc. approved such software or content. BitTorrent, Inc. approval does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. BitTorrent, Inc expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software or any software or content you download using the Software. No advice or information, whether oral or written, obtained from BitTorrent, Inc or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.
Limitation of Liability
BitTorrent, Inc's total liability to you from all causes of action and under all theories of liability will be limited to $50.00. In no event and under no theory of liability will BitTorrent, Inc be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not BitTorrent, Inc has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.
U.S. Government Users
The Software is "commercial computer software" any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by BitTorrent, Inc.
General
These BitTorrent, Inc. terms will be governed by and construed in accordance with the laws of California, USA, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the BitTorrent, Inc. terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. BitTorrent, Inc. may make changes to these terms from time to time. When these changes are made, BitTorrent, Inc. will make a new copy of the terms available at www.bittorrent.com/legal/eula. You understand and agree that if you use the Software after the date on which the terms have changed, BitTorrent, Inc. will treat your use as acceptance of the updated terms. You agree that BitTorrent, Inc. may provide you with notices, including those regarding changes to the terms, by postings on www.bittorrent.com/legal/eula. This and the Terms of Use at www.bittorrent.com/legal/terms-of-use are BitTorrent, Inc.'s complete and exclusive understanding with you regarding your use of the Software as an end user.
Contact
If you have any questions, contact us at legal@bittorrent.com.
BITWARDEN LICENSE AGREEMENT
Version 1, 4 September 2020
PLEASE CAREFULLY READ THIS BITWARDEN LICENSE AGREEMENT ("AGREEMENT"). THIS
AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BITWARDEN,
INC. ("BITWARDEN") AND GOVERNS YOUR USE OF THE COMMERCIAL MODULES (DEFINED
BELOW). BY COPYING OR USING THE COMMERCIAL MODULES, YOU AGREE TO THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT COPY OR USE THE COMMERCIAL
MODULES. IF YOU ARE COPYING OR USING THE COMMERCIAL MODULES ON BEHALF OF A LEGAL
ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO AGREE TO THIS
AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT
COPY OR USE THE COMMERCIAL MODULES IN ANY MANNER.
This Agreement is entered into by and between Bitwarden and you, or the legal
entity on behalf of whom you are acting (as applicable, "You" or "Your").
1. DEFINITIONS
"Bitwarden Software" means the Bitwarden server software, libraries, and
Commercial Modules.
"Commercial Modules" means the modules designed to work with and enhance the
Bitwarden Software to which this Agreement is linked, referenced, or appended.
2. LICENSES, RESTRICTIONS AND THIRD PARTY CODE
2.1 Commercial Module License. Subject to Your compliance with this Agreement,
Bitwarden hereby grants to You a limited, non-exclusive, non-transferable,
royalty-free license to use the Commercial Modules for the sole purposes of
internal development and internal testing, and only in a non-production
environment.
2.2 Reservation of Rights. As between Bitwarden and You, Bitwarden owns all
right, title and interest in and to the Bitwarden Software, and except as
expressly set forth in Sections 2.1, no other license to the Bitwarden Software
is granted to You under this Agreement, by implication, estoppel, or otherwise.
2.3 Restrictions. You agree not to: (i) except as expressly permitted in
Section 2.1, sell, rent, lease, distribute, sublicense, loan or otherwise
transfer the Commercial Modules to any third party; (ii) alter or remove any
trademarks, service mark, and logo included with the Commercial Modules, or
(iii) use the Commercial Modules to create a competing product or service.
Bitwarden is not obligated to provide maintenance and support services for the
Bitwarden Software licensed under this Agreement.
2.4 Third Party Software. The Commercial Modules may contain or be provided
with third party open source libraries, components, utilities and other open
source software (collectively, "Open Source Software"). Notwithstanding anything
to the contrary herein, use of the Open Source Software will be subject to the
license terms and conditions applicable to such Open Source Software. To the
extent any condition of this Agreement conflicts with any license to the Open
Source Software, the Open Source Software license will govern with respect to
such Open Source Software only.
3. TERMINATION
3.1 Termination. This Agreement will automatically terminate upon notice from
Bitwarden, which notice may be by email or posting in the location where the
Commercial Modules are made available.
3.2 Effect of Termination. Upon any termination of this Agreement, for any
reason, You will promptly cease use of the Commercial Modules and destroy any
copies thereof. For the avoidance of doubt, termination of this Agreement will
not affect Your right to Bitwarden Software, other than the Commercial Modules,
made available pursuant to an Open Source Software license.
3.3 Survival. Sections 1, 2.2 -2.4, 3.2, 3.3, 4, and 5 will survive any
termination of this Agreement.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, THE BITWARDEN SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED REGARDING OR RELATING TO THE BITWARDEN SOFTWARE, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. FURTHER, BITWARDEN DOES NOT WARRANT RESULTS OF USE
OR THAT THE BITWARDEN SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE
BITWARDEN SOFTWARE WILL BE UNINTERRUPTED.
4.2 Limitation of Liability. IN NO EVENT WILL BITWARDEN OR ITS LICENSORS BE
LIABLE TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR (I) ANY AMOUNTS IN
EXCESS OF US $25 OR (II) FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION,
LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER ALLEGED AS A BREACH
OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF BITWARDEN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. MISCELLANEOUS
5.1 Assignment. You may not assign or otherwise transfer this Agreement or any
rights or obligations hereunder, in whole or in part, whether by operation of
law or otherwise, to any third party without Bitwarden's prior written consent.
Any purported transfer, assignment or delegation without such prior written
consent will be null and void and of no force or effect. Bitwarden may assign
this Agreement to any successor to its business or assets to which this
Agreement relates, whether by merger, sale of assets, sale of stock,
reorganization or otherwise. Subject to this Section 5.1, this Agreement will be
binding upon and inure to the benefit of the parties hereto, and their
respective successors and permitted assigns.
5.2 Entire Agreement; Modification; Waiver. This Agreement represents the
entire agreement between the parties, and supersedes all prior agreements and
understandings, written or oral, with respect to the matters covered by this
Agreement, and is not intended to confer upon any third party any rights or
remedies hereunder. You acknowledge that You have not entered in this Agreement
based on any representations other than those contained herein. No modification
of or amendment to this Agreement, nor any waiver of any rights under this
Agreement, will be effective unless in writing and signed by both parties. The
waiver of one breach or default or any delay in exercising any rights will not
constitute a waiver of any subsequent breach or default.
5.3 Governing Law. This Agreement will in all respects be governed by the laws
of the State of California without reference to its principles of conflicts of
laws. The parties hereby agree that all disputes arising out of this Agreement
will be subject to the exclusive jurisdiction of and venue in the federal and
state courts within Los Angeles County, California. You hereby consent to the
personal and exclusive jurisdiction and venue of these courts. The parties
hereby disclaim and exclude the application hereto of the United Nations
Convention on Contracts for the International Sale of Goods.
5.4 Severability. If any provision of this Agreement is held invalid or
unenforceable under applicable law by a court of competent jurisdiction, it will
be replaced with the valid provision that most closely reflects the intent of
the parties and the remaining provisions of the Agreement will remain in full
force and effect.
5.5 Relationship of the Parties. Nothing in this Agreement is to be construed
as creating an agency, partnership, or joint venture relationship between the
parties hereto. Neither party will have any right or authority to assume or
create any obligations or to make any representations or warranties on behalf of
any other party, whether express or implied, or to bind the other party in any
respect whatsoever.
5.6 Notices. All notices permitted or required under this Agreement will be in
writing and will be deemed to have been given when delivered in person
(including by overnight courier), or three (3) business days after being mailed
by first class, registered or certified mail, postage prepaid, to the address of
the party specified in this Agreement or such other address as either party may
specify in writing.
5.7 U.S. Government Restricted Rights. If Commercial Modules is being licensed
by the U.S. Government, the Commercial Modules is deemed to be "commercial
computer software" and "commercial computer documentation" developed exclusively
at private expense, and (a) if acquired by or on behalf of a civilian agency,
will be subject solely to the terms of this computer software license as
specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its
successors; and (b) if acquired by or on behalf of units of the Department of
Defense ("DOD") will be subject to the terms of this commercial computer
software license as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and
its successors.
5.8 Injunctive Relief. A breach or threatened breach by You of Section 2 may
cause irreparable harm for which damages at law may not provide adequate relief,
and therefore Bitwarden will be entitled to seek injunctive relief in any
applicable jurisdiction without being required to post a bond.
5.9 Export Law Assurances. You understand that the Commercial Modules is
subject to export control laws and regulations. You may not download or
otherwise export or re-export the Commercial Modules or any underlying
information or technology except in full compliance with all applicable laws and
regulations, in particular, but without limitation, United States export control
laws. None of the Commercial Modules or any underlying information or technology
may be downloaded or otherwise exported or re- exported: (a) into (or to a
national or resident of) any country to which the United States has embargoed
goods; or (b) to anyone on the U.S. Treasury Department's list of specially
designated nationals or the U.S. Commerce Department's list of prohibited
countries or debarred or denied persons or entities. You hereby agree to the
foregoing and represents and warrants that You are not located in, under control
of, or a national or resident of any such country or on any such list.
5.10 Construction. The titles and section headings used in this Agreement are
for ease of reference only and will not be used in the interpretation or
construction of this Agreement. No rule of construction resolving any ambiguity
in favor of the non-drafting party will be applied hereto. The word "including",
when used herein, is illustrative rather than exclusive and means "including,
without limitation."
BITZI PUBLIC DOMAIN NOTICES
UPDATED July 13, 2006
When we publish our source code, we usually place it in
the public domain, whenever possible, to allow the widest
possible reuse and benefit.
We try to include on most such released files a small notice
such as:
/* (PD) 2006 The Bitzi Corporation
* Please see file COPYING or http://bitzi.com/publicdomain
* for more info.
*/
For major standalone files, or as the "COPYING" file, we
include a version of this longer explanation:
/* (PD) 2006 The Bitzi Corporation
*
* 1. Authorship. This work and others bearing the above
* label were created by, or on behalf of, the Bitzi
* Corporation. Often other public domain material by
* other authors is incorporated; this should be clear
* from notations in the source code. If other non-
* public-domain code or libraries are included, this is
* is done under those works' respective licenses.
*
* 2. Release. The Bitzi Corporation places its portion
* of these labelled works into the public domain,
* disclaiming all rights granted us by copyright law.
*
* Bitzi places no restrictions on your freedom to copy,
* use, redistribute and modify this work, though you
* should be aware of points (3), (4), and (5) below.
*
* 3. Trademark Advisory. The Bitzi Corporation reserves
* all rights with regard to any of its trademarks which
* may appear herein, such as "Bitzi", "Bitcollider", or
* "Bitpedia". Please take care that your uses of this
* work do not infringe on our trademarks or imply our
* endorsement. For example, you should change labels
* and identifier strings in your derivative works where
* appropriate.
*
* 4. Licensed portions. Some code and libraries may be
* incorporated in this work in accordance with the
* licenses offered by their respective rightsholders.
* Further copying, use, redistribution and modification
* of these third-party portions remains subject to
* their original licenses.
*
* 5. Disclaimer. THIS SOFTWARE IS PROVIDED BY THE AUTHOR
* ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
* EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
* SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
* INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
* LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
* TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
* ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
* ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*
* Please see http://bitzi.com/publicdomain or write
* info@bitzi.com for more info.
*/
We hope you find our public-domain source code useful,
but remember that we can provide absolutely no support
or assurances about it; your use is entirely at your
own risk.
Thank you.
- Bitzi
- March 3, 2001
- updated July 13, 2006 (clarifying that sometimes our
- public-domain releases include portions that remain
- under original licenses)
The reference BLAS is a freely-available software package. It is
available from netlib via anonymous ftp and the World Wide Web. Thus,
it can be included in commercial software packages (and has been). We
only ask that proper credit be given to the authors.
Like all software, it is copyrighted. It is not trademarked, but we do
ask the following:
If you modify the source for these routines we ask that you change the
name of the routine and comment the changes made to the original.
We will gladly answer any questions regarding the software. If a
modification is done, however, it is the responsibility of the person
who modified the routine to provide support
This version of Blender has been originally released at www.blender.org.
It is subject to the GNU GPL license, which is part of this download.
For more information please review the Blender source code distribution,
which should be available at the same location as where you obtained
this version.
IMPORTANT: PLEASE READ CAREFULLY BEFORE USING THE BLENDER SOFTWARE
This License Agreement for the Blender software ("License
Agreement") is an agreement between Stichting Blender Foundation,
Amsterdam, the Netherlands ("BF") and you (either an individual or a
legal entity) ("You") with respect to the software product which this
License Agreement accompanies (the "Software").
By installing, copying or otherwise using the Software, You agree to be
bound by the terms of this License Agreement.
1. Grant of License
Subject to the provisions of the GNU GPL license, BF grants You a
non-exclusive right to use the Software at any computer You own or use.
Artwork you create with the Software - whether it is images, movies,
exported 3d files or the .blend files themselves - is your sole
property, and can be licensed or sold under any conditions you prefer.
2. Permitted copying and electronic distribution of Software
You are hereby granted permission to copy and distribute the Software
without written agreement from BF. This entire License Agreement, and
the GPL-license.txt must appear in and/or accompany all copies of the
Software. The source code distribution, which can be found at the same
location where you obtained the Software, has to accompany all copies
of the Software as well.
3. Disclaimer of Warranties
BF provides you with the Software "as is" and with all faults. BF
explicitly disclaims all warranties and guarantees and does not make any
representations with respect to the Software, whether express, implied,
or statutory, including, but not limited to any (if any) warranties of
or related to: fitness for a particular purpose, title,
non-infringement, lack of viruses, accuracy or completeness of
responses, results, lack of negligence or lack of workmanlike effort,
and correspondence to description. The entire risk arising out of use or
performance of the Software remains with You.
4. Limitation of Liability
In no event shall BF or its employees, agents or suppliers be liable
for any direct, indirect, consequential, incidental, special, punitive,
or other damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business
information, claims of third parties, damages as a result of injury to
any person, or any other loss) arising out of or in connection with the
license granted under this License Agreement or the use of or inability
to use the Software, even if BF has been advised of the possibility of
such damages.
5. User warning and indemnification
WARNING: use of the Software and use of any works that are (partially)
created with the Software (the "Works") may cause physical or
psychological reactions from You or from third parties, which may result
in damages, injuries, losses and/or other negative consequences. You
acknowledge that BF can not be held liable for any such damages,
injuries, losses and/or other negative consequences. You acknowledge
that it is your obligation to investigate, prevent and/or minimize such
reactions prior to having third parties use the Works.
You shall indemnify and hold harmless BF from and against all actions,
claims, demands, proceedings, losses, damages, costs, charges and
expenses, including but not limited to legal fees and expenses, arising
out of or in connection with (i) the use of the Software by You and (ii)
the use of any Works created with the Software by You or any third
parties.
6. Enforceability
If any provision of this License Agreement is held to be unenforceable
by a court of competent jurisdiction for any reason, such provision
shall be adapted or amended only to the extent necessary to make it
enforceable, and the remainder of the License Agreement shall remain in
effect.
7. Governing law and disputes
This License Agreement and all disputes arising from it will be governed
by the laws of The Netherlands. All disputes arising in connection with
this Agreement that cannot be settled amicably shall be brought before
the competent court in Amsterdam, the Netherlands, to which jurisdiction
BF and You hereby irrevocably consent.
Stichting Blender Foundation
Amsterdam
the Netherlands
Chamber of Commerce: 34176425
http://www.blender.org
foundation@blender.org
The author disclaims copyright to this source code.
In place of a legal notice, here is a blessing:
May you do good and not evil.
May you find forgiveness for yourself and forgive others.
May you share freely, never taking more than you give.
The `Blitz++ Artistic License'
(with thanks and apologies to authors of the Perl Artistic License)
Preamble
The intent of this document is to state the conditions under which
Blitz++ may be copied, such that the authors maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and
distribute Blitz++ in a more-or-less customary fashion, plus the
right to make reasonable modifications.
Definitions
`Library' refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
`Standard Version' refers to such a Library if it has not been
modified, or has been modified in accordance with the wishes of the
Copyright Holder as specified below.
Copyright Holder' is whoever is named in the copyright or
copyrights for the package.
`You' is you, if you're thinking about copying, modifying or
distributing this Library.
`Freely Available' means that no fee is charged for the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
``Reasonable copying fee'' is whatever you can justify on the basis
of media cost, duplication charges, time of people involved, and so
on. (You will not be required to justify it to the Copyright Holder,
but only to the computing community at large as a market that must
bear the fee.)
1. You may make and give away verbatim copies of the
Standard Version of this Library without restriction, provided that
you duplicate all of the original copyright notices, this license,
and associated disclaimers.
2. The Standard Version of the Library may be distributed as part
of a collection of software, provided no more than a reasonable
copying fee is charged for the software collection.
3. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A
Library modified in such a way shall still be considered the
Standard Version.
4. You may otherwise modify your copy of this Library in any way,
provided that you insert a prominent notice in each changed file
stating how and when you changed that file, and provided that you do
at least ONE of the following:
a. place your modifications in the Public Domain or otherwise
make them Freely Available, such as by posting said
modifications to the Blitz++ development list,
and allowing the Copyright Holder to include
your modifications in the Standard Version of the Library.
b. use the modified Library only within your corporation or
organization.
c. make other distribution arrangements with the Copyright
Holder.
5. You may distribute programs which use this Library
in object code or executable form without restriction.
6. Any object code generated as a result of using this Library
does not fall under the copyright of this Library, but
belongs to whomever generated it, and may be sold commercially.
7. The name of the Copyright Holder or the Library may not be used to
endorse or promote products derived from this software without
specific prior written permission.
8. THIS PACKAGE IS PROVIDED `AS IS' AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this proprietary software and associated documentation files (the "Software"),
to use, publish, or distribute copies of the Software, and to permit persons to
whom the Software is furnished to do so.
Any other use, including modifying, adapting, reverse engineering, decompiling,
or disassembling, is not permitted.
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
# Blue Oak Model License
Version 1.0.0
## Purpose
This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability.
## Acceptance
In order to receive this license, you must agree to its
rules. The rules of this license are both obligations
under that agreement and conditions to your license.
You must not do anything with this software that triggers
a rule that you cannot or will not follow.
## Copyright
Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.
## Notices
You must ensure that everyone who gets a copy of
any part of this software from you, with or without
changes, also gets the text of this license or a link to
<https://blueoakcouncil.org/license/1.0.0>.
## Excuse
If anyone notifies you in writing that you have not
complied with [Notices](#notices), you can keep your
license by taking all practical steps to comply within 30
days after the notice. If you do not do so, your license
ends immediately.
## Patent
Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.
## Reliability
No contributor can revoke this license.
## No Liability
***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***
The Balloon Open Hardware License (BOHL)
Version 0.2 For Discussion
The Text of this License is Copyright (c) 2006 2007 iTechnic Ltd
Permission is granted to copy this license unmodified and use it to protect Open Hardware
Designs.
Preamble
This license agreement covers hardware designed, manufactured and distributed on an open basis.
The license outlines the Terms and Conditions placed on the use of the design. When licensing
Open Hardware it is important to note that there is a significant distinction between Open
Hardware and Open Software particularly with respect to both the design process and the
replication process.
Firstly the design and replication of hardware is different because there are intermediate steps in
the processes that are valuable in their own right. Secondly the process of replication can involve
considerable time, cost and expertise. For these reasons it is not appropriate to simply transfer
licenses that have validity in the software domain (such as the GPL) to the hardware domain.
This license is intended to establish an Open Design approach in the hardware domain while
building in practical safeguards, which are necessary for the design and manufacture of hardware,
where manufacturers take a financial and legal risk when replicating Open Hardware and where
the physical product must conform to approvals if its sale is to be legal. It is also important to
protect designers from issues of liability particularly as many designers may be working as
individuals and therefore not protected by an employer.
The license is written to apply to any type of hardware produced using an Open Hardware design
process. It has originated from the Balloon Project (www.balloonboard.org) but the license can be
freely applied to any Open Hardware.
In order to augment the text of the license it is accompanied by Notes and Appendices. The
notes help to provide interpretation and guidance within the text of the license and the
appendices contain more detailed discussions about the operation of the license and detail the
types of Manufacturing Information and Design Documentation that might be provided as a part
of any Open Hardware Design. The notes do not form part of the License but are intended to
clarify the intention of the license. The Appendices are intended to provide uniformity to the way
that hardware designs are released and managed when using this license.
{Notes occur in the text of the License between curly brackets and in italics}
Purpose
The purpose of this license is to protect the designers of the hardware from any form of litigation
resulting from its design, manufacture, distribution or use.
It is also the purpose of this license to ensure that the design remains Open in the sense detailed
in the license and that manufacturers, distributors, and users are obliged to adhere to the Open
principles of the design and to protect their rights to access the design as specified in the license.
I don't like licenses, because I don't like having to worry about all this
legal stuff just for a simple piece of software I don't really mind anyone
using. But I also believe that it's important that people share and give back;
so I'm placing this work under the following license, so you feel guilty if
you don't ;)
BOLA - Buena Onda License Agreement (v1.0)
------------------------------------------
This work is provided 'as-is', without any express or implied warranty. In no
event will the authors be held liable for any damages arising from the use of
this work.
To all effects and purposes, this work is to be considered Public Domain.
However, if you want to be "Buena onda", you should:
1. Not take credit for it, and give proper recognition to the authors.
2. Share your modifications, so everybody benefits from them.
4. Do something nice for the authors.
5. Help someone who needs it: sign up for some volunteer work or help your
neighbour paint the house.
6. Don't waste. Anything, but specially energy that comes from natural
non-renewable resources. Extra points if you discover or invent something
to replace them.
7. Be tolerant. Everything that's good in nature comes from cooperation.
The order is important, and the further you go the more "Buena onda" you are.
Make the world a better place: be "Buena onda".
BOLA - Buena Onda License Agreement (v1.1)
------------------------------------------
This work is provided 'as-is', without any express or implied warranty. In no
event will the authors be held liable for any damages arising from the use of
this work.
To all effects and purposes, this work is to be considered Public Domain.
However, if you want to be "buena onda", you should:
1. Not take credit for it, and give proper recognition to the authors.
2. Share your modifications, so everybody benefits from them.
3. Do something nice for the authors.
4. Help someone who needs it: sign up for some volunteer work or help your
neighbour paint the house.
5. Don't waste. Anything, but specially energy that comes from natural
non-renewable resources. Extra points if you discover or invent something
to replace them.
6. Be tolerant. Everything that's good in nature comes from cooperation.
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization
obtaining a copy of the software and accompanying documentation covered by
this license (the "Software") to use, reproduce, display, distribute,
execute, and transmit the Software, and to prepare derivative works of the
Software, and to permit third-parties to whom the Software is furnished to
do so, all subject to the following:
The copyright notices in the Software and this entire statement, including
the above license grant, this restriction and the following disclaimer,
must be included in all copies of the Software, in whole or in part, and
all derivative works of the Software, unless such copies or derivative
works are solely in the form of machine-executable object code generated by
a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
Permission to copy, use, modify, sell and distribute this software is granted
provided this copyright notice appears in all copies. This software is provided "as
is" without express or implied warranty, and with no claim as to its suitability for
any purpose.
Bootloader Exception
In addition to the permissions in the GNU General Public License, the authors give you unlimited permission to link or embed compiled bootloader and related files into combinations with other programs, and to distribute those combinations without any restriction coming from the use of those files. (The General Public License restrictions do apply in other respects; for example, they cover modification of the files, and distribution when not linked into a combined executable.)
Copyright 1993 Francis Borceux
You may freely use, modify, and/or distribute each of the files in this package without limitation. The package consists of the following files:
README
compatibility/OldDiagram
compatibility/OldMaxiDiagram
compatibility/OldMicroDiagram
compatibility/OldMiniDiagram
compatibility/OldMultipleArrows
diagram/Diagram
diagram/MaxiDiagram
diagram/MicroDiagram
diagram/MiniDiagram
diagram/MultipleArrows
user-guides/Diagram_Mode_d_Emploi
user-guides/Diagram_Read_Me
Of course no support is guaranteed, but the author will attempt to assist with problems. Current email address:
francis dot borceux at uclouvain dot be.
* Permission to use, copy, modify, and distribute this software and its
* documentation for any purpose and without fee is hereby granted, provided
* that the above copyright notice appear in all copies and that both that
* copyright notice and this permission notice appear in supporting
* documentation. This software is provided "AS IS." Thomas Boutell and
* Boutell.Com, Inc. disclaim all warranties, either express or implied,
* including but not limited to implied warranties of merchantability and
* fitness for a particular purpose, with respect to this code and accompanying
* documentation.
[BPEL4WS Specification Version 1,1 Dated May 5, 2003, Copyright statement]
Copyright (c) 2002, 2003 BEA Systems, International Business Machines
Corporation, Microsoft Corporation, SAP AG, Siebel Systems. All rights
reserved.
Permission to copy and display the "Business Process Execution Language for
Web Services Specification, version 1.1 dated May 5, 2003" (hereafter "the
BPEL4WS Specification"), in any medium without fee or royalty is hereby
granted, provided that you include the following on ALL copies of the
BPEL4WS Specification, or portions thereof, that you make:
A link to the BPEL4WS Specification at these locations:
http://dev2dev.bea.com/technologies/webservices/BPEL4WS.jsp
http://www-106.ibm.com/developerworks/webservices/library/ws-bpel/
http://msdn.microsoft.com/library/default.asp?url=/library/en-us/dnbiz2k2/html/bpel1-1.asp
http://ifr.sap.com/bpel4ws/
http://www.siebel.com/bpel
The copyright notice as shown in the BPEL4WS Specification:
BEA, IBM, Microsoft, SAP AG and Siebel Systems (collectively, the
"Authors") agree to grant you a royalty-free license, under reasonable,
non-discriminatory terms and conditions, to patents that they deem
necessary to implement the Business Process Execution Language for Web
Services Specification.
THE Business Process Execution Language for Web Services SPECIFICATION
IS PROVIDED "AS IS," AND THE AUTHORS MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE BPEL4WS SPECIFICATION
ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH
CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS,
TRADEMARKS OR OTHER RIGHTS.
THE AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY
USE OR DISTRIBUTION OF THE BPEL4WS SPECIFICATION.
The name and trademarks of the Authors may NOT be used in any manner,
including advertising or publicity pertaining to the BPEL4WS
Specification or its contents without specific, written prior
permission. Title to copyright in the BPEL4WS Specification will at all
times remain with the Authors.
No other rights are granted by implication, estoppel or otherwise.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
The source code responsible for displaying the bpmn.io logo (two green cogwheels
in a box) that links back to http://bpmn.io as part of rendered diagrams MUST
NOT be removed or changed. When this software is being used in a website or
application, the logo must stay fully visible and not visually overlapped by
other elements.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The Rules
Unless noted otherwise, all files and code available on this site are authored by Brad Martinez, who retains exclusive copyright protection and distribution rights.
Developers are free to use any code or concepts presented on this site in their applications without liability or compensation, but the courtesy of both notification of use and inclusion of due credit are requested.
It is PROHIBITED to distribute or reproduce any of the files or code found in this site for profit or otherwise, on any web site, ftp server or BBS, or by any other means, including CD-ROM or other physical media, without the EXPRESS WRITTEN PERMISSION of the author.
The Questions
Due to an inordinate amount of email I receive regarding development specific questions, I find it sometimes difficult to respond. If you don't hear from me, I recommend searching either Microsoft's MSDN Library Online, Microsoft's Online Support Knowledge Base, or Deja News newsgroup archives for answers to your Visual Basic related questions.
You may find me frequenting some of the "vb" newsgroups on the Microsoft news server msnews.microsoft.com, and on occasion, the "vb" newsgroups on the news server news.devx.com.
The Disclaimer
No warranty is implied as to the accuracy and/or reliability of the programs and code available on this site. The developer assumes all risk.
BRANKAS OPEN LICENSE
Version 1.0, September 2022
Preamble
This License establishes the terms under which the Software under this License may be copied, modified, distributed, or redistributed.
Definitions
2.1. “Derivative Works” shall mean any work, whether in Source Form or Object Form, that is based on (or derived from) the Software and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship and not an exact or repackaged copy of the Software. It includes proprietary complements, add-ons, modules, or modifications to the Object Form that link to the interfaces of the Software and the Derivative Works thereof. It shall include, among others:
2.1.1. Any software that results from an addition to, deletion from, or modification of the contents of a file containing Original Software or Derivative Works thereof; and
2.1.2. Any new file that is contributed or otherwise made available under the terms of this License.
2.1.3. “License” means the terms and conditions for use, reproduction, and distribution as defined in this document.
2.1.4. “Licensor” shall mean Brankas, its affiliates, subsidiaries, or permitted assigns.
2.1.5. “Object Form” shall mean any form resulting from mechanical transformation or translation of a source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
2.1.6. “Original Software” means the Source Code of computer software code that was originally released under this License.
2.1.7. “Software” means (a) the Original Software; (b) Derivative Works; or (c) the combination of files containing Original Software with files containing Derivative Works, in each case, including portions thereof.
2.1.8. “Source Code” means (a) the common form of computer software code in which modifications are made, and (b) associated documentation included in or with such code.
2.1.9. “Source Form” shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
2.1.10. “You” means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of an entity, whether by contract or otherwise; or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of an entity.
Grants
3.1. Copyright License
The Licensor grants you a perpetual, non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, modify, distribute, make available, display, and prepare Derivative Works of the Software, in each case subject to the limitations and conditions of this License.
3.1.1. Right to Distribute
Subject to Clause 5, you may distribute the Derivative Works of the Software, provided that you have clear documentation as to how your Derivative Works differ from the Original Software. You are not required to make such documentation public.
3.1.2. Aggregation
Subject to Clause 5, you may aggregate the Original Software with Derivative Works in Object Form or Source Form and distribute the resulting aggregation.
3.2. Patent License
The Licensor grants You a license, under any patent claims the Licensor can license or becomes able to license, to make, have made, use, sell, offer for sale, import, and have imported the software, in each case subject to the limitations and conditions in this License.
Effective date
4.1. The licenses required and granted under Clause 3 with respect to any Derivative Works become effective, for each Derivative Works, on the date you first distribute such Derivative Works.
Limitations and Conditions of this License
5.1. You may not, whether by yourself or with other persons, provide the Software, whether in a repackaged version thereof or in a resulting aggregation with Derivative Works, to a third party as a hosted or managed service, including where you will provide access to any substantial set of the features or functionality of the Software.
Your Responsibilities
6.1. The Derivative Works that you create or to which you contribute are governed by the terms of this License. You represent that the Derivative Works are your original creation(s), as clearly documented by you, and/or you have sufficient rights to grant the rights conveyed by this License.
6.2. You assume full responsibility for informing the recipients of this Software of the terms of this License, and how they can obtain a copy of this License.
6.3. In incorporating Derivative Works into this Software, you must include a statement in your license to that effect in the aggregated Software.
Termination
7.1. If you violate the terms of this License, your use is not licensed and will result in the termination of the licenses granted to you hereunder.
7.2. If the Licensor provides you with a notice of your violation, you shall cease all violations of this license no later than 30 days after receipt of that notice and your licenses will be reinstated retroactively.
7.3. If you violate the terms of this License after such reinstatement under Clause 7.2, any subsequent violations of these terms will result in the termination of your license automatically and permanently.
7.4. This License does not cover any patent claims that you cause to be infringed by Derivative Works or additions to the Software. Should you make any written claim that the Software infringes or contributes to infringement of any patent, the patent license for this Software granted under the terms of this License ends immediately. If Your representative makes a patent claim, the patent license granted under this License likewise ends immediately.
Disclaimer of Warranty
8.1. Unless required by applicable law or agreed to in writing, the Licensor provides the Software on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing Software and assume any risks associated with Your exercise of permissions under this License.
Limitation of Liability
9.1. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Licensor be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if the Licensor has been advised of the possibility of such damages.
General
10.1. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
10.2. This License shall not be enforceable except by a Licensor acting as such, and third-party beneficiary rights are specifically excluded.
Brent Corkum License
Date : April 2002
Author : Brent Corkum Email : corkum@rocscience.com
Latest Version : http:www.rocscience.com/~corkum/BCMenu.html
Bug Fixes and portions of code supplied by:
Ben Ashley,Girish Bharadwaj,Jean-Edouard Lachand-Robert, Robert Edward Caldecott,Kenny Goers,Leonardo Zide, Stefan Kuhr,Reiner Jung,Martin Vladic,Kim Yoo Chul, Oz Solomonovich,Tongzhe Cui,Stephane Clog,Warren Stevens, Damir Valiulin,David Kinder,Marc Loiry
You are free to use/modify this code but leave this header intact. This class is public domain so you are free to use it any of your applications (Freeware,Shareware,Commercial). All I ask is that you let me know so that if you have a real winner I can brag to my buddies that some of my code is in your app. I also wouldn't mind if you sent me a copy of your application since I like to play with new stuff.
Redistribution and use in source and binary forms are
permitted provided that: (1) source distributions retain
this entire copyright notice and comment; (2) modifications
made to the software are prominently mentioned, and a copy
of the original software (or a pointer to its location) are
included; and (3) distributions including binaries display
the following acknowledgement: "This product includes
software developed by Brian M. Clapper <bmc@clapper.org>"
in the documentation or other materials provided with the
distribution. The name of the author may not be used to
endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Effectively, this means you can do what you want with the software
except remove this notice or take advantage of the author's name.
If you modify the software and redistribute your modified version,
you must indicate that your version is a modification of the
original, and you must provide either a pointer to or a copy of the
original.
LICENSE TERMS
The free distribution and use of this software in both source and binary
form is allowed (with or without changes) provided that:
1. distributions of this source code include the above copyright
notice, this list of conditions and the following disclaimer;
2. distributions in binary form include the above copyright
notice, this list of conditions and the following disclaimer
in the documentation and/or other associated materials;
3. the copyright holder's name is not used to endorse products
built using this software without specific written permission.
DISCLAIMER
This software is provided 'as is' with no explicit or implied warranties
in respect of its properties, including, but not limited to, correctness
and fitness for purpose.
LICENSE TERMS
The free distribution and use of this software in both source and binary
form is allowed (with or without changes) provided that:
1. distributions of this source code include the above copyright
notice, this list of conditions and the following disclaimer;
2. distributions in binary form include the above copyright
notice, this list of conditions and the following disclaimer
in the documentation and/or other associated materials;
3. the copyright holder's name is not used to endorse products
built using this software without specific written permission.
ALTERNATIVELY, provided that this notice is retained in full, this product
may be distributed under the terms of the GNU General Public License (GPL),
of your choice
in which case the provisions of the GPL apply INSTEAD OF those given above.
DISCLAIMER
This software is provided 'as is' with no explicit or implied warranties
in respect of its properties, including, but not limited to, correctness
and/or fitness for purpose.
The redistribution and use of this software (with or without changes)
is allowed without the payment of fees or royalties provided that:
source code distributions include the above copyright notice, this
list of conditions and the following disclaimer;
binary distributions include the above copyright notice, this list
of conditions and the following disclaimer in their documentation.
This software is provided 'as is' with no explicit or implied warranties
in respect of its operation, including, but not limited to, correctness
and fitness for purpose.
This software is furnished under license and may be used and copied only in
accordance with the following terms and conditions. Subject to these conditions, you
may download, copy, install, use, modify and distribute modified or unmodified copies
of this software in source and/or binary form. No title or ownership is transferred
hereby.
1) Any source code used, modified or distributed must reproduce and retain this
copyright notice and list of conditions as they appear in the source file.
2) No right is granted to use any trade name, trademark, or logo of Broadcom
Corporation. Neither the "Broadcom Corporation" name nor any trademark or logo of
Broadcom Corporation may be used to endorse or promote products derived from this
software without the prior written permission of Broadcom Corporation.
3) THIS SOFTWARE IS PROVIDED "AS-IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL BROADCOM BE
LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, BROADCOM SHALL NOT BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Confidential Property of Broadcom Corporation
THIS SOFTWARE MAY ONLY BE USED SUBJECT TO AN EXECUTED SOFTWARE LICENSE
AGREEMENT BETWEEN THE USER AND BROADCOM. YOU HAVE NO RIGHT TO USE OR
EXPLOIT THIS MATERIAL EXCEPT SUBJECT TO THE TERMS OF SUCH AN AGREEMENT.
No portions of this material may be reproduced in any form without the written permission of:
Broadcom Corporation
16251 Laguna Canyon Road
Irvine, California 92618
All information contained in this document is Broadcom Corporation company private, proprietary, and trade secret.
Unless you and Broadcom execute a separate written software license agreement
governing use of this software, this software is licensed to you under the
terms of the GNU General Public License version 2, available at
http://www.broadcom.com/licenses/GPLv2.php (the "GPL").
Notwithstanding the above, under no circumstances may you combine this software
in any way with any other Broadcom software provided under a license other than
the GPL, without Broadcom's express prior written consent.
As a special exception, the copyright holders of this software give you permission to link this software with independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module.
An independent module is a module which is not derived from this software. The special exception does not apply to any modifications of the software.
Not withstanding the above, under no circumstances may you combine this software in any way with any other Broadcom software provided under a license other than the GPL, without Broadcom's express prior written consent.
As a special exception, the copyright holders of this software give you
permission to link this software with independent modules, and to copy
and distribute the resulting executable under terms of your choice,
provided that you also meet, for each linked independent module, the
terms and conditions of the license of that module.
An independent module is a module which is not derived from this
software. The special exception does not apply to any modifications of
the software.
SOFTWARE LICENSE AGREEMENT
The accompanying software in binary code form (“Software”), is licensed to you,
or, if you are accepting on behalf of an entity, the entity and its affiliates
exercising rights hereunder (“Licensee”) subject to the terms of this software
license agreement (“Agreement”), unless Licensee and Broadcom Corporation
(“Broadcom”) execute a separate written software license agreement governing
use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE
CONSTITUTES LICENSEE’S ACCEPTANCE OF THIS AGREEMENT.
1. License. Subject to the terms and conditions of this Agreement,
Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable,
royalty-free license: (i) to use and integrate the Software with any other
software; and (ii) to reproduce and distribute the Software complete,
unmodified, and as provided by Broadcom, solely for use with Broadcom
proprietary integrated circuit product(s) sold by Broadcom with which the
Software was designed to be used, or their successors.
2. Restrictions. Licensee shall distribute Software with a copy of this
Agreement. Licensee shall not remove, efface or obscure any copyright or
trademark notices from the Software. Reproductions of the Broadcom copyright
notice shall be included with each copy of the Software, except where such
Software is embedded in a manner not readily accessible to the end user.
Licensee shall not: (i) use, license, sell or otherwise distribute the Software
except as provided in this Agreement; (ii) attempt to modify in any way,
reverse engineer, decompile or disassemble any portion of the Software; or
(iii) use the Software or other material in violation of any applicable law or
regulation, including but not limited to any regulatory agency. This Agreement
shall automatically terminate upon Licensee’s failure to comply with any of the
terms of this Agreement. In such event, Licensee will destroy all copies of the
Software and its component parts.
3. Ownership. The Software is licensed and not sold. Title to and
ownership of the Software, including all intellectual property rights thereto,
and any portion thereof remain with Broadcom or its licensors. Licensee hereby
covenants that it will not assert any claim that the Software created by or for
Broadcom infringe any intellectual property right owned or controlled by
Licensee.
4. Disclaimer. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND
GRANTS AND LICENSEE RECEIVES NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE.
BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR
ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE
ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE
RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR
RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM
OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION
OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
5. Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS
SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND
REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE
SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE
LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE
SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED.
Copyright (c) Broadcom Corporation All Rights Reserved.
THIS SOFTWARE IS OFFERED "AS IS", AND BROADCOM GRANTS NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR OTHERWISE.
BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT
CONCERNING THIS SOFTWARE.
Low resolution timer interface linux specific implementation.
License Grant. Broadcom Corporation (“Broadcom”) hereby grants to you a
perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable (except as stated in this license) license under Licensed
Patents to make, have made, use, offer to sell, sell, import, transfer,
and otherwise run, modify (in a way that still complies with the
Specification), and reproduce any Implementation.
Definitions. Specification means, and includes the following, both
individually and collectively, (a) any standard specification of the
Opus codec adopted by the IETF Codec Working Group (“Standard”) and (b)
any reference implementation (each, a “Reference Implementation”)
published by the IETF Codec Working Group in the request for comments
(“RFC”) issued by the IETF for the Specification draft for which this
License is issued, or any RFC that is issued as an update or new version
thereof. An Implementation means any Reference Implementation, or
another implementation that complies with the Specification. Licensed
Patents means all patents currently owned by Broadcom or acquired hereafter
that Broadcom has the right to license as set forth above and that are
necessarily infringed by the Specification, where “necessarily
infringed” means: in the case of (a) above, there is no commercially
viable means of implementing the Specification without infringing such
patent; in the case of (b) above, use of the reference implementation to
the extent it infringes such patent.
Termination. If you, directly or indirectly via controlled affiliate or
subsidiary, agent, or exclusive licensee, file a Claim for patent
infringement against any entity alleging that an Implementation in whole
or in part constitutes direct or contributory patent infringement, or
inducement of patent infringement (a “Claim”), provided that a Reference
Implementation also infringes the patents asserted in the Claim, then
any patent rights granted to you under this License shall automatically
terminate retroactively as of the date you first received the grant.
Claims made against an Implementation in part will only trigger
termination if the Implementation in part was done for the purpose of
combining it with other technology that complies with the Specification
so that the technology’s ultimate use will be consistent with the
Standard as a whole.
SOFTWARE LICENSE AGREEMENT
Unless you and Broadcom Corporation ("Broadcom") execute a separate written
software license agreement governing use of the accompanying software, this
software is licensed to you under the terms of this Software License
Agreement ("Agreement").
ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES YOUR
ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS.
1.1. "Broadcom Product" means any of the proprietary integrated circuit
product(s) sold by Broadcom with which the Software was designed to be used,
or their successors.
1.2. "Licensee" means you or if you are accepting on behalf of an entity
then the entity and its affiliates exercising rights under, and complying
with all of the terms of this Agreement.
1.3. "Software" shall mean that software made available by Broadcom to
Licensee in binary code form with this Agreement.
2. LICENSE GRANT; OWNERSHIP
2.1. License Grants. Subject to the terms and conditions of this Agreement,
Broadcom hereby grants to Licensee a non-exclusive, non-transferable,
royalty-free license (i) to use and integrate the Software in conjunction
with any other software; and (ii) to reproduce and distribute the Software
complete, unmodified and only for use with a Broadcom Product.
2.2. Restriction on Modification. If and to the extent that the Software is
designed to be compliant with any published communications standard
(including, without limitation, DOCSIS, HomePNA, IEEE, and ITU standards),
Licensee may not make any modifications to the Software that would cause the
Software or the accompanying Broadcom Products to be incompatible with such
standard.
2.3. Restriction on Distribution. Licensee shall only distribute the
Software (a) under the terms of this Agreement and a copy of this Agreement
accompanies such distribution, and (b) agrees to defend and indemnify
Broadcom and its licensors from and against any damages, costs, liabilities,
settlement amounts and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third party that arises
or results from the use or distribution of any and all Software by the
Licensee except as contemplated herein.
2.4. Proprietary Notices. Licensee shall not remove, efface or obscure any
copyright or trademark notices from the Software. Licensee shall include
reproductions of the Broadcom copyright notice with each copy of the
Software, except where such Software is embedded in a manner not readily
accessible to the end user. Licensee acknowledges that any symbols,
trademarks, tradenames, and service marks adopted by Broadcom to identify the
Software belong to Broadcom and that Licensee shall have no rights therein.
2.5. Ownership. Broadcom shall retain all right, title and interest,
including all intellectual property rights, in and to the Software. Licensee
hereby covenants that it will not assert any claim that the Software created
by or for Broadcom infringe any intellectual property right owned or
controlled by Licensee.
2.6. No Other Rights Granted; Restrictions. Apart from the license rights
expressly set forth in this Agreement, Broadcom does not grant and Licensee
does not receive any ownership right, title or interest nor any security
interest or other interest in any intellectual property rights relating to
the Software, nor in any copy of any part of the foregoing. No license is
granted to Licensee in any human readable code of the Software (source code).
Licensee shall not (i) use, license, sell or otherwise distribute the
Software except as provided in this Agreement, (ii) attempt to reverse
engineer, decompile or disassemble any portion of the Software; or (iii) use
the Software or other material in violation of any applicable law or
regulation, including but not limited to any regulatory agency, such as FCC,
rules.
3. NO WARRANTY OR SUPPORT
3.1. No Warranty. THE SOFTWARE IS OFFERED "AS IS," AND BROADCOM GRANTS AND
LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE,
COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. BROADCOM SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC
PURPOSE OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR
DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, BROADCOM
GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT
INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS
THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR
RELIABILITY.
3.2. No Support. Nothing in this agreement shall obligate Broadcom to
provide any support for the Software. Broadcom may, but shall be under no
obligation to, correct any defects in the Software and/or provide updates to
licensees of the Software. Licensee shall make reasonable efforts to
promptly report to Broadcom any defects it finds in the Software, as an aid
to creating improved revisions of the Software.
3.3. Dangerous Applications. The Software is not designed, intended, or
certified for use in components of systems intended for the operation of
weapons, weapons systems, nuclear installations, means of mass
transportation, aviation, life-support computers or equipment (including
resuscitation equipment and surgical implants), pollution control, hazardous
substances management, or for any other dangerous application in which the
failure of the Software could create a situation where personal injury or
death may occur. Licensee understands that use of the Software in such
applications is fully at the risk of Licensee.
4. TERM AND TERMINATION
4.1. Termination. This Agreement will automatically terminate if Licensee
fails to comply with any of the terms and conditions hereof. In such event,
Licensee must destroy all copies of the Software and all of its component
parts.
4.2. Effect Of Termination. Upon any termination of this Agreement, the
rights and licenses granted to Licensee under this Agreement shall
immediately terminate.
4.3. Survival. The rights and obligations under this Agreement which by
their nature should survive termination will remain in effect after
expiration or termination of this Agreement.
5. CONFIDENTIALITY
5.1. Obligations. Licensee acknowledges and agrees that any documentation
relating to the Software, and any other information (if such other
information is identified as confidential or should be recognized as
confidential under the circumstances) provided to Licensee by Broadcom
hereunder (collectively, "Confidential Information") constitute the
confidential and proprietary information of Broadcom, and that Licensee's
protection thereof is an essential condition to Licensee's use and possession
of the Software. Licensee shall retain all Confidential Information in
strict confidence and not disclose it to any third party or use it in any way
except under a written agreement with terms and conditions at least as
protective as the terms of this Section. Licensee will exercise at least the
same amount of diligence in preserving the secrecy of the Confidential
Information as it uses in preserving the secrecy of its own most valuable
confidential information, but in no event less than reasonable diligence.
Information shall not be considered Confidential Information if and to the
extent that it: (i) was in the public domain at the time it was disclosed or
has entered the public domain through no fault of Licensee; (ii) was known to
Licensee, without restriction, at the time of disclosure as proven by the
files of Licensee in existence at the time of disclosure; or (iii) becomes
known to Licensee, without restriction, from a source other than Broadcom
without breach of this Agreement by Licensee and otherwise not in violation
of Broadcom's rights.
5.2. Return of Confidential Information. Notwithstanding the foregoing, all
documents and other tangible objects containing or representing Broadcom
Confidential Information and all copies thereof which are in the possession
of Licensee shall be and remain the property of Broadcom, and shall be
promptly returned to Broadcom upon written request by Broadcom or upon
termination of this Agreement.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ANY OF
BROADCOM'S LICENSORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL BROADCOM'S LIABILITY WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR
SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. MISCELLANEOUS
7.1. Export Regulations. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS
SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND
REGULATIONS AND THAT YOU MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE SOFTWARE
OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE LAWS.
WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE SOFTWARE
TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED.
7.2 Assignment. This Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and assigns, provided,
however that Licensee may not assign this Agreement or any rights or
obligation hereunder, directly or indirectly, by operation of law or
otherwise, without the prior written consent of Broadcom, and any such
attempted assignment shall be void. Notwithstanding the foregoing, Licensee
may assign this Agreement to a successor to all or substantially all of its
business or assets to which this Agreement relates that is not a competitor
of Broadcom.
7.3. Governing Law; Venue. This Agreement shall be governed by the laws of
California without regard to any conflict-of-laws rules, and the United
Nations Convention on Contracts for the International Sale of Goods is hereby
excluded. The sole jurisdiction and venue for actions related to the subject
matter hereof shall be the state and federal courts located in the County of
Orange, California, and both parties hereby consent to such jurisdiction and
venue.
7.4. Severability. All terms and provisions of this Agreement shall, if
possible, be construed in a manner which makes them valid, but in the event
any term or provision of this Agreement is found by a court of competent
jurisdiction to be illegal or unenforceable, the validity or enforceability
of the remainder of this Agreement shall not be affected if the illegal or
unenforceable provision does not materially affect the intent of this
Agreement. If the illegal or unenforceable provision materially affects the
intent of the parties to this Agreement, this Agreement shall become
terminated.
7.5. Equitable Relief. Licensee hereby acknowledges that its breach of this
Agreement would cause irreparable harm and significant injury to Broadcom
that may be difficult to ascertain and that a remedy at law would be
inadequate. Accordingly, Licensee agrees that Broadcom shall have the right
to seek and obtain immediate injunctive relief to enforce obligations under
the Agreement in addition to any other rights and remedies it may have.
7.6. Waiver. The waiver of, or failure to enforce, any breach or default
hereunder shall not constitute the waiver of any other or subsequent breach
or default.
7.7. Entire Agreement. This Agreement sets forth the entire Agreement
between the parties and supersedes any and all prior proposals, agreements
and representations between them, whether written or oral concerning the
Software. This Agreement may be changed only by mutual agreement of the
parties in writing.
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
* This software may only be used for the purposes of developing for,
running or using a Raspberry Pi device, or authorised derivative
device manufactured via the element14 Raspberry Pi Customization Service
* Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of Broadcom Corporation nor the names of its suppliers
may be used to endorse or promote products derived from this software
without specific prior written permission.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
This program is the proprietary software of Broadcom Corporation and/or
its licensors, and may only be used, duplicated, modified or distributed
pursuant to the terms and conditions of a separate, written license
agreement executed between you and Broadcom (an "Authorized License").
Except as set forth in an Authorized License, Broadcom grants no license
(express or implied), right to use, or waiver of any kind with respect to
the Software, and Broadcom expressly reserves all rights in and to the
Software and all intellectual property rights therein. IF YOU HAVE NO
AUTHORIZED LICENSE, THEN YOU HAVE NO RIGHT TO USE THIS SOFTWARE IN ANY WAY,
AND SHOULD IMMEDIATELY NOTIFY BROADCOM AND DISCONTINUE ALL USE OF THE
SOFTWARE.
Except as expressly set forth in the Authorized License,
1. This program, including its structure, sequence and organization,
constitutes the valuable trade secrets of Broadcom, and you shall use all
reasonable efforts to protect the confidentiality thereof, and to use this
information only in connection with your use of Broadcom integrated circuit
products.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED
"AS IS" AND WITH ALL FAULTS AND BROADCOM MAKES NO PROMISES, REPRESENTATIONS
OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH
RESPECT TO THE SOFTWARE. BROADCOM SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR
A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET
ENJOYMENT, QUIET POSSESSION OR CORRESPONDENCE TO DESCRIPTION. YOU ASSUME
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM
OR ITS LICENSORS BE LIABLE FOR (i) CONSEQUENTIAL, INCIDENTAL, SPECIAL,
INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY
RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF BROADCOM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY AMOUNT IN
EXCESS OF THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE ITSELF OR U.S. $1,
WHICHEVER IS GREATER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
As a special exception, the copyright holders of this software give you
permission to link this software with independent modules, and to copy
and distribute the resulting executable under terms of your choice,
provided that you also meet, for each linked independent module, the
terms and conditions of the license of that module.
An independent module is a module which is not derived from this
software. The special exception does not apply to any modifications of
the software.
This is UNPUBLISHED PROPRIETARY SOURCE CODE of Broadcom Corporation; the contents of this file may not be disclosed to third parties, copied or duplicated in any form, in whole or in part, without the prior written permission of Broadcom Corporation.
BROADCOM WICED DEVELOPMENT KIT LICENSE AGREEMENT
IMPORTANT—BY OPENING THE PACKAGE FOR THIS BROADCOM WIRELESS INTERNET CONNECTIVITY FOR EMBEDDED DEVICES DEVELOPER’S KIT ("SDK"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND PROMPTLY RETURN THE SDK AND THE ACCOMPANYING DOCUMENTATION TO BROADCOM. IF YOU AGREE WITH AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, IT SHALL BECOME A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BROADCOM CORPORATION ("BROADCOM"), AND YOU MAY PROCEED TO DOWNLOAD, INSTALL, AND USE THE SDK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. GRANT OF LICENSE.
Subject to the terms and conditions of this Agreement, BROADCOM grants You the following license with respect to the: (1) enclosed software in object code and source code formats, as more specifically described in the Documentation, and upgrades thereto, if any, provided by BROADCOM pursuant to Section 7 hereof (collectively, the "Software"); (2) software tools in object code and source code format; and (3) accompanying documentation ("Documentation"):
BROADCOM grants You a limited, revocable, non-exclusive, non-transferable license solely (i) to use the Software and Documentation for your internal evaluation solely for the purpose of developing application programs ("Developer Programs") that will be used in conjunction with, or will interface with, the Software and Broadcom proprietary integrated circuits, chips, chipsets, or modules described in the Documentation ("Broadcom Chips"); (ii) to use and modify the Software provided in source code format to create derivative works, and (iv) reproduce and distribute the Software, solely in object code form, incorporated into or integrated with Developer Programs solely for use with Broadcom Chips.
THIRD PARTY SOFTWARE. The SDK may include software which is owned or controlled and provided by third parties ("Third Party Software"). Such Third Party Software is subject to the terms set forth or at the links provided in Exhibit A and incorporated by reference herein. You agree to acknowledge and comply with this following third party licensing obligations and/or notices in connection with its use.
2. PROPRIETARY RIGHTS. The Software and the Documentation are proprietary products of BROADCOM. BROADCOM or its suppliers will retain ownership of the SDK, the Software, Documentation and all patents, copyrights, trade secrets and other proprietary rights relating thereto. Except as provided in Section 1 above, you have no right, title or interest in the Software or the Documentation. You will own all rights, title and interest in and to the Developer Programs you may develop, except for any libraries, data or code included in the Developer Programs that are also included in the Software. You hereby covenant that you will not assert any claim that the Software or derivative works thereof created by or for BROADCOM infringe any intellectual property right owned or controlled by You.
3. RESTRICTIONS. The SDK is licensed, not sold. You may not rent, lease or sublicense the Software. You may not reverse engineer, decompile, or disassemble the Software. Except as expressly permitted in Section 1, you may not use, copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer the SDK or any portion thereof in any form, and you may not cause or permit anyone else to do any of the foregoing. You may not alter, obscure, or remove any BROADCOM trademark, trade name, logo, patent or copyright notice, or other notice or marking on the Broadcom Chips, Software or Documentation or add any notices or markings to the Broadcom Chips, Software or Documentation. Without limiting the foregoing restriction, except as otherwise permitted in Section 1, You may not provide access to others on a service bureau basis or otherwise. The Software is not designed or licensed for use in hazardous environments, safety critical or life support applications, or where personal injury or bodily harm may result from Software use. You shall not use the Software or other material provided in the SDK in violation of any applicable law or regulation, including but not limited to any regulatory agency. This Agreement shall automatically terminate upon your failure to comply with any of the terms of this Agreement. In such event, You will destroy all copies of the SDK and its component parts.
You hereby acknowledge that You are not a national of, nor located in, a country designated in Country Group E of Supplement Number 1 to Part 740 of the Export Administration Regulations, 15 CFR Parts 730-774 ("EAR"), which includes, but may not be limited to, Cuba, Iran, North Korea, Sudan, and Syria. Further, You acknowledge that these commodities, technology or software were exported from the United States in accordance with the EAR. Diversion contrary to U.S. law is prohibited. Notwithstanding other provisions of U.S. law, You acknowledge that transfer or re-export to any country, entity, or person subject to U.S. sanctions, a denial order, or identified in Country Group E, requires prior authorization from the U.S. Government.
You agree that you shall indemnify and hold BROADCOM harmless for any liabilities, losses, damages, costs and expenses (including attorneys’ fees and costs) arising from or relating to your failure to comply with any such law or regulation or to obtain any such license, permit or approval.
You may not attempt to obtain the source code for the Software (except for the source code provided) by any means, including but not limited to reverse engineering, decompilation, disassembly, translation or similar manipulation of the Software, unless and only to the extent that applicable law in your jurisdiction specifically gives you the right to do any of the foregoing.
4. LIMITED WARRANTY. THE SDK IS OFFERED "AS IS," AND BROADCOM PROVIDES AND GRANTS AND YOU RECEIVE NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR DOCUMENTATION FOR THE SDK. WITHOUT LIMITATION OF THE ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SDK IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR RELIABILITY.
5. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION OF THE SDK, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. INDEMNIFICATION. You will indemnify, defend and hold harmless BROADCOM and its employees, directors, representatives and agents ("Indemnified Parties") for all losses, damages and all reasonable expenses and costs, including reasonable attorneys’ fees, incurred by them in any third party claim, suit or proceeding based upon use or distribution of the Developer Programs or upon your breach of your obligations under this Agreement; provided that the Indemnified Parties give you written notice of any such claim, suit or proceeding within a reasonable time and control of the defense thereof.
7. SUPPORT. Please refer to BROADCOM’s website at www.Broadcom.com for the current terms of any support BROADCOM elects to make available. In the event that BROADCOM elects to provide upgrades to the Software in connection with any such support, such upgrades shall be included within the definition of Software and shall be provided subject to the rights and restrictions set forth in this Agreement. You shall, at it your own expense, be solely responsible for providing technical support and training to your customers for Developer Programs and/or Software, and BROADCOM shall have no obligation with respect thereto. You shall be solely responsible for, and BROADCOM shall have no obligation to honor, any warranties that you provide to your customers or to end users with respect to the Software, derivative works, or Developer Programs. You shall defend any claim against BROADCOM arising in connection with any such warranties, express, implied, statutory, or otherwise, and shall pay any settlements or damages awarded against BROADCOM that are based on any such warranties.
8. CONFIDENTIALITY. The SDK contains proprietary and confidential technology and information of BROADCOM. Accordingly, you must limit access to the SDK to those of your employees who need to use the SDK for purposes permitted hereunder and who have been clearly informed of their obligation to maintain the confidentiality of the SDK. In addition, you must treat the Software and Documentation as strictly confidential and you must use the same care to protect it from unauthorized use, access or disclosure as you use to protect your own confidential and proprietary information, but never less than the care a reasonable person would use under similar circumstances. Any breach of this Section 8 would cause irreparable injury to BROADCOM for which no adequate remedy at law exists. Therefore, you agree that equitable remedies, including injunctive relief and specific performance, are appropriate remedies to redress any breach or threatened breach of this Section 8, in addition to all other remedies available to BROADCOM. You will not directly or indirectly disclose or provide a copy of SDK to any other wireless silicon solution provider.
9. TERMINATION. Broadcom may terminate this Agreement at any time if you breach this Agreement or any terms and conditions herein and you have failed to immediately cure such breach. Upon termination, you will immediately destroy or return all copies of the SDK and documentation.
0. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation are commercial products, developed at private expense, and provided with restricted rights. Use, reproduction, release, modification or disclosure of the Software or Documentation, or any part thereof, including technical data, by the Government is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense ("DFARS") 227.7202 for military agencies. The Software and Documentation are "commercial items," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire Software and Documentation with only those rights set forth in this Agreement.
11. MISCELLANEOUS. The laws of the state of California govern this Agreement, and it shall inure to the benefit of BROADCOM, its successors, administrators, heirs and assigns. In any action regarding this Agreement, the prevailing party shall be entitled to receive, in addition to any other relief, reasonable attorneys' fees and expenses. If one or more of the provisions contained in this Agreement shall be unenforceable, then such provision shall be considered inoperative to the extent of such enforceability and the remainder of this Agreement shall continue in full force and effect. The parties hereto agree to replace any such invalid or unenforceable provision with a new provision that has the most nearly similar permissible economic or other effect. You may not assign, delegate or otherwise transfer, whether by agreement, operation of law or otherwise, any right or obligation hereunder without the express prior written consent of BROADCOM, and any attempted assignment, delegation or transfer without such consent shall be void. This Agreement supersedes all prior or contemporaneous proposals, representations, warranties, promises and other communications, whether oral or written, relating to the Software and Documentation. This Agreement may not be amended or modified, except by a written document signed by an authorized representative of each party. Any term or condition in any purchase order or other document you may submit to BROADCOM will have no legal effect.
12. ACKNOWLEDGMENT. You acknowledge that you have read this Agreement, understand it, and agree to its terms and conditions. You also agree that this Agreement covers any merged or partial copies of the Software and is the complete and exclusive Agreement between the parties and supersedes all related proposals, communications or prior agreements, oral or written.
Broadleaf Fair Use License Agreement - Version 1.0
BY USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS COMMUNITY FAIR USE LICENSE AGREEMENT ("AGREEMENT") IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. THE SOFTWARE YOU HAVE RECEIVED WITH OR SUBJECT TO THIS LICENSE IS THE SOFTWARE FOR COMMUNITY USE ("COMMUNITY SOFTWARE") AND IS SUBJECT TO VERY SPECIFIC LIMITATIONS BELOW. IF YOU EXCEED SUCH LIMITATIONS, THEN YOU WILL BE IMMEDIATELY REQUIRED TO PURCHASE A PAID PRODUCT AND LICENSE FEES WILL BE DUE FOR ANY PERIOD OF SUCH PAST USE IN VIOLATION HEREOF.
1. Definitions.
1.1 "Broadleaf" means Broadleaf Commerce, LLC a Texas limited liability company, with offices located at 5550 Granite Parkway, Suite 155, Plano, Texas 75024 USA.
1.2 "Internal Business Purpose" means the use of any of the Community Software, associated documentation or other materials, as applicable, only for your internal business use with your systems, networks, devices and data. Such use does not include use of your systems, networks or devices as part of services you provide for a third party's benefit or for competing with Broadleaf.
1.3 "Software" means (a) all of the contents of the files with which this Agreement is provided; or such contents as are hosted by Broadleaf; (b) any Updates; and (c) any documentation regarding such.
1.4 "Territory" means worldwide, except for any countries under embargo or as restricted by the US government.
1.5 "Updates" means upgrades, updates, or any new version of Community Software that is made available to you, but does not mean a new Broadleaf product.
1.6 "Use", "Used" or "Using" means to access, install, download, copy, prepare derivative works of, privately perform and display, and use the Community Software subject to any limitations herein.
2. License. Subject to your compliance with the terms of this Agreement, termination hereof and unless otherwise varied by Broadleaf in writing to you, Broadleaf hereby grants to you a perpetual, non-exclusive, non-transferable, non-assignable, revocable (under the conditions of this Agreement), personal, license to Use the Community Software in the Territory at no additional charge so long as: (i) your Use is solely for the purposes provided by Broadleaf in this Agreement; (ii) your Use is for Internal Business Purposes; or iii) you, your entity, and/or any affiliate has not generated more than $5,000,000 USD in gross revenue in any twelve (12) month period during the period of Use. If you are found to be using the Community Software beyond any of the terms or limitations contained in this Section and/or the broader Agreement, you shall immediately pay Broadleaf a license Fee for such usage of the Community Software and those terms set forth in the Broadleaf Enterprise EULA (located at http://www.broadleafcommerce.com/license/commercial) will be binding once paid. For purposes of calculation of such usage, any metric will include you, your entity, and all affiliates, meaning legal entities controlling, controlled by, or under common control with you. The Community Software licensed will either be substituted with the Broadleaf Enterprise Software as defined under that agreement or will simply be governed thereby. In the event Community Software contains or uses third party software, Broadleaf will have no responsibility and claims no right with respect to such third party software. Your use of such third party software and other copyrighted material is governed by their respective terms you acknowledge that the Community Software may contain bugs, errors and other problems that could cause system or other failures and data loss or have less functionality than a paid for version of the Broadleaf Software ("Paid Products"). Broadleaf is under no obligation to provide or continue providing Community Software or any Updates thereto. If you violate the terms of this Agreement or Broadleaf terminates it under Section 6, below, your license and all rights hereunder shall immediately cease and you must return or destroy the Community Software within ten (10) days thereof.
3. Special Terms Applicable to the Community Software. You acknowledge that any research or development that you perform regarding the Community Software or any product associated with the Community Software is done entirely at your own risk and subject to this Agreement and restrictions herein. If you submit any information or feedback to Broadleaf regarding testing and use of the Community Software, including error or bug reports; you agree to grant Broadleaf a perpetual, non-exclusive, fully-paid up, royalty-free, worldwide license to use, copy, distribute, make derivative works and incorporate the feedback into any Broadleaf Product at Broadleaf's sole discretion. Redistribution in source code or other forms must include a copy of this license document and any redistribution of the Community Software is only allowed subject to this license.
4. Restrictions. You (or a third party acting on your behalf) may not: (i) sell, lease, rent, loan, or resell, with or without consideration, the Community Software; (ii) permit third parties to benefit from the use or functionality of the Community Software via a timesharing, service bureau or other arrangement; (iii) Use the Community Software to compete with Broadleaf or any other Broadleaf offerings; (iv) use the Community Software to investigate a claim or as the basis of a claim against Broadleaf; or (v) violate the usage restrictions in this Agreement. Any consultant, contractor, or agent hired to perform services for you may operate the Community Software on your behalf under these terms and conditions, provided that you remain fully liable for any and all acts or omissions by such third parties related to this Agreement. This license does not grant you any right in the trademarks, service marks, brand names or logos of Broadleaf. All rights not expressly set forth hereunder are reserved by Broadleaf.
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Brocade Linux Fibre Channel HBA Firmware
You may redistribute the hardware specific firmware binary file
under the following terms:
1. Redistribution of source code (only if applicable),
must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Redistribution in binary form must reproduce the above
copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. The name of Brocade Communications Systems, Inc. ("Brocade")
may not be used to endorse or promote products derived from this
software without specific prior written permission by Brocade.
REGARDLESS OF WHAT LICENSING MECHANISM IS USED OR APPLICABLE,
THIS PROGRAM IS PROVIDED BY BROCADE "AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE IS DISCLAIMED. IN NO EVENT SHALL THE AUTHOR
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
USER ACKNOWLEDGES AND AGREES THAT USE OF THIS PROGRAM WILL NOT
CREATE OR GIVE GROUNDS FOR A LICENSE BY IMPLICATION, ESTOPPEL, OR
OTHERWISE IN ANY INTELLECTUAL PROPERTY RIGHTS (PATENT, COPYRIGHT,
TRADE SECRET, MASK WORK, OR OTHER PROPRIETARY RIGHT) EMBODIED IN
ANY OTHER BROCADE HARDWARE OR SOFTWARE EITHER SOLELY OR IN
COMBINATION WITH THIS PROGRAM.
You are free to use/modify this code but leave this header intact.
This class is public domain so you are free to use it any of your
applications (Freeware, Shareware, Commercial).
All I ask is that you let me know so that if you have a real winner I can
brag to my buddies that some of my code is in your app. I also wouldn't
mind if you sent me a copy of your application since I like to play with
new stuff.
Redistribution and use, with or without modification, are permitted provided
that the following condition is met:
Redistributions of this build system must retain the above copyright notice,
this condition and the following disclaimer.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Note that while this license applies to the build system itself the
software it builds is separately licensed under its own terms and conditions.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR AND CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Redistribution and use in source and binary forms are permitted provided that:
(1) source distributions retain this entire copyright notice and comment, and
(2) distributions including binaries display the following acknowledgement:
``This product includes software developed by copyright holder and its
contributors'' in the documentation or other materials provided with the
distribution and in all advertising materials mentioning features or use of this
software.
Neither the name of the {copyright-holder} nor the names of its contributors may
be used to endorse or promote products derived from this software without
specific prior written permission.
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WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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are met:
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disclaimer as the first lines of this file unmodified.
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disclaimer in the documentation and/or other materials provided
with the distribution.
THIS SOFTWARE IS PROVIDED BY NTT "AS IS" AND ANY EXPRESS OR IMPLIED
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
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of the authors and should not be interpreted as representing official policies,
either expressed or implied, of the FreeBSD Project.
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OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
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PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
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* Neither the name of the United States Government, nor the
U.S. Food and Drug Administration (FDA), nor the names of its
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this software without specific prior written permission.
This program is distributed in the hope that it will be useful. Responsibility
for the use of the system and interpretation of documentation and results lies
solely with the user. In no event shall FDA be liable for direct, indirect,
special, incidental, or consequential damages resulting from the use, misuse,
or inability to use the system and accompanying documentation. Third parties'
use of or acknowledgment of the system does not in any way represent that
FDA endorses such third parties or expresses any opinion with respect to their
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This program is free software: you can redistribute it and/or modify it
under the terms of the included License.
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are met:
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NOT LIMITED TO, PATENT INFRINGEMENT; PROCUREMENT OF SUBSTITUTE GOODS OR
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
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ANY, PROVIDED HEREUNDER IS PROVIDED "AS IS". REGENTS HAS NO OBLIGATION
TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR
MODIFICATIONS.
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modification, are permitted provided that the following conditions
are met:
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notice, this list of conditions and the following disclaimer.
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notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
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derived from this software without specific prior written permission.
Changes to this license can be made only by the copyright author with
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THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
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NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
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list of conditions and the following disclaimer.
2. Redistribution in binary form must reproduce the above copyright notice,
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and/or other materials provided with the distribution.
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may be used to endorse or promote products derived from this software without
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YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED, LICENSED OR INTENDED FOR USE
IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY MILITARY FACILITY.
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AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
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OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
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notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer listed
in this license in the documentation and/or other materials
provided with the distribution.
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contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
The copyright holders provide no reassurances that the source code
provided does not infringe any patent, copyright, or any other
intellectual property rights of third parties. The copyright holders
disclaim any liability to any recipient for claims brought against
recipient by any third party for infringement of that parties
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IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
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DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms are permitted provided that
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promote products derived from this software without specific prior written
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warranty
Redistribution and use in source and binary forms are permitted
provided that the above copyright notice and this paragraph are
duplicated in all such forms and that any documentation,
advertising materials, and other materials related to such
distribution and use acknowledge that the software was developed
by the University of California, Berkeley. The name of the
University may not be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. <deleted>
4. Neither the name of the University nor the names of its contributors may
be used to endorse or promote products derived from this software without
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THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
On on July 22 1999, per notice reproduced below, the advertising clause (clause
3) of this license was officially rescinded by the Director of the Office of
Technology Licensing of the University of California.
This applies only to BSD Unix files copyrighted by the Regents of the University
of California under this license.
From: ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change :
"July 22, 1999
To All Licensees, Distributors of Any Version of BSD:
As you know, certain of the Berkeley Software Distribution ("BSD") source
code files require that further distributions of products containing all or
portions of the software, acknowledge within their advertising materials
that such products contain software developed by UC Berkeley and its
contributors.
Specifically, the provision reads:
" * 3. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* This product includes software developed by the University of
* California, Berkeley and its contributors."
Effective immediately, licensees and distributors are no longer required to
include the acknowledgement within advertising materials. Accordingly, the
foregoing paragraph of those BSD Unix files containing it is hereby deleted
in its entirety.
William Hoskins
Director, Office of Technology Licensing
University of California, Berkeley"
Note also that in many variants of this original BSD license, both occurrences
of the phrase "REGENTS AND CONTRIBUTORS" is replaced in the disclaimer section
by "COPYRIGHT HOLDERS AND CONTRIBUTORS".
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* This product includes software developed by Bill Paul.
* 4. Neither the name of the author nor the names of any co-contributors
* may be used to endorse or promote products derived from this software
* without specific prior written permission.
*
* THIS SOFTWARE IS PROVIDED BY Bill Paul AND CONTRIBUTORS ``AS IS'' AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL Bill Paul OR THE VOICES IN HIS HEAD
* BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
* CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
* SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
* INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
* CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
* THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement: This product includes software
developed by the <organization>.
4. Neither the name of the <organization> nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY <COPYRIGHT HOLDER> ''AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither the name of the copyright holder nor the names
of any contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
* Modified source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
Subject to the terms and conditions of this license, each copyright
holder and contributor hereby grants to those receiving rights under
this license a perpetual, worldwide, non-exclusive, no-charge, royalty-
free, irrevocable (except for failure to satisfy the conditions of this
license) patent license to make, have made, use, offer to sell, sell,
import, and otherwise transfer this software, where such license applies
only to those patent claims, already acquired or hereafter acquired,
licensable by such copyright holder or contributor that are necessarily
infringed by:
(a) their Contribution(s) (the licensed copyrights of copyright holders
and non-copyrightable additions of contributors, in source or binary
form) alone; or
(b) combination of their Contribution(s) with the work of authorship to
which such Contribution(s) was added by such copyright holder or
contributor, if, at the time the Contribution is added, such addition
causes such combination to be necessarily infringed. The patent license
shall not apply to any other combinations which include the
Contribution.
Except as expressly stated above, no rights or licenses from any
copyright holder or contributor is granted under this license, whether
expressly, by implication, estoppel or otherwise.
DISCLAIMER
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BSD Protection License
February 2002
Preamble
--------
The Berkeley Software Distribution ("BSD") license has proven very effective
over the years at allowing for a wide spread of work throughout both
commercial and non-commercial products. For programmers whose primary
intention is to improve the general quality of available software, it is
arguable that there is no better license than the BSD license, as it
permits improvements to be used wherever they will help, without
idealogical or metallic constraint.
This is of particular value to those who produce reference
implementations of proposed standards: The case of TCP/IP clearly
illustrates that freely and universally available implementations leads
the rapid acceptance of standards -- often even being used instead of a
de jure standard (eg, OSI network models).
With the rapid proliferation of software licensed under the GNU General
Public License, however, the continued success of this role is called
into question. Given that the inclusion of a few lines of "GPL-tainted"
work into a larger body of work will result in restricted distribution
-- and given that further work will likely build upon the "tainted"
portions, making them difficult to remove at a future date -- there are
inevitable circumstances where authors would, in order to protect their
goal of providing for the widespread usage of their work, wish to guard
against such "GPL-taint".
In addition, one can imagine that companies which operate by producing
and selling (possibly closed-source) code would wish to protect
themselves against the rise of a GPL-licensed competitor. While under
existing licenses this would mean not releasing their code under any
form of open license, if a license existed under which they could
incorporate any improvements back into their own (commercial) products
then they might be far more willing to provide for non-closed distribution.
For the above reasons, we put forth this "BSD Protection License": A
license designed to retain the freedom granted by the BSD license to use
licensed works in a wide variety of settings, both non-commercial and
commercial, while protecting the work from having future contributors
restrict that freedom.
The precise terms and conditions for copying, distribution, and
modification follow.
BSD PROTECTION LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION
----------------------------------------------------------------
0. Definitions.
a) "Program", below, refers to any program or work distributed under
the terms of this license.
b) A "work based on the Program", below, refers to either the Program
or any derivative work under copyright law.
c) "Modification", below, refers to the act of creating derivative
works.
d) "You", below, refers to each licensee.
1. Scope.
This license governs the copying, distribution, and modification of
the Program. Other activities are outside the scope of this
license; The act of running the Program is not restricted, and the
output from the Program is covered only if its contents constitute a
work based on the Program.
2. Verbatim copies.
You may copy and distribute verbatim copies of the Program as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all the notices that refer to this License and to the
absence of any warranty; and give any other recipients of the
Program a copy of this License along with the Program.
3. Modification and redistribution under closed license.
You may modify your copy or copies of the Program, and distribute
the resulting derivative works, provided that you meet the
following conditions:
a) The copyright notice and disclaimer on the Program must be
reproduced and included in the source code, documentation, and/or
other materials provided in a manner in which such notices are
normally distributed.
b) The derivative work must be clearly identified as such, in order
that it may not be confused with the original work.
c) The license under which the derivative work is distributed must
expressly prohibit the distribution of further derivative works.
4. Modification and redistribution under open license.
You may modify your copy or copies of the Program, and distribute
the resulting derivative works, provided that you meet the
following conditions:
a) The copyright notice and disclaimer on the Program must be
reproduced and included in the source code, documentation, and/or
other materials provided in a manner in which such notices are
normally distributed.
b) You must clearly indicate the nature and date of any changes made
to the Program. The full details need not necessarily be
included in the individual modified files, provided that each
modified file is clearly marked as such and instructions are
included on where the full details of the modifications may be
found.
c) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
5. Implied acceptance.
You may not copy or distribute the Program or any derivative works
except as expressly provided under this license. Consequently, any
such action will be taken as implied acceptance of the terms of this
license.
6. NO WARRANTY.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER, OR ANY OTHER
PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
ABOVE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, EVEN
IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
This software is not subject to any export provision of the United States
Department of Commerce, and may be exported to any country or planet.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice immediately at the beginning of the file, without modification,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that: (1) source code distributions retain the above
copyright notice and this paragraph in its entirety, (2) distributions including
binary code include the above copyright notice and this paragraph in its
entirety in the documentation or other materials provided with the distribution
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that redistributions of source
code retain the above copyright notice and this comment without
modification.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
- Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
- Neither name of the copyright holders nor the names of their contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS
IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Current implimentation contains modifications made by W3Works, LLC. The
modifications remain copyright of W3Works, LLC and attribution for these
modification should be made to W3Works, LLC. These modifications and
this copyright must remain with this package.
Additions to the Restrictions set out below are:
1. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product inculdes software developed by W3Works, LLC (http://www.w3works.com)
NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE EXTENDED BY THIS DISTRIBUTION.
Any subsequent derrivations of this package must retainl this copyright.
Original Copyright Below
This library and applications are FREE FOR COMMERCIAL AND NON-COMMERCIAL USE
as long as the following conditions are adhered to.
Copyright remains with Systemics Ltd, and as such any Copyright notices
in the code are not to be removed. If this code is used in a product,
Systemics should be given attribution as the author of the parts used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Systemics Ltd (http://www.systemics.com/)
THIS SOFTWARE IS PROVIDED BY SYSTEMICS LTD ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The licence and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution licence
[including the GNU Public Licence.]
This library and applications are FREE FOR COMMERCIAL AND NON-COMMERCIAL USE
as long as the following conditions are adhered to.
Copyright remains with Systemics Ltd, and as such any Copyright notices
in the code are not to be removed. If this code is used in a product,
Systemics should be given attribution as the author of the parts used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Systemics Ltd (http://www.systemics.com/)
THIS SOFTWARE IS PROVIDED BY SYSTEMICS LTD ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The licence and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution licence [including the GNU Public Licence.]
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions, and the following disclaimer,
* without modification, immediately at the beginning of the file.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. The name of the author may not be used to endorse or promote products
* derived from this software without specific prior written permission.
*
* Where this Software is combined with software released under the terms of
* the GNU General Public License ("GPL") and the terms of the GPL would require the
* combined work to also be released under the terms of the GPL, the terms
* and conditions of this License will apply in addition to those of the
* GPL with the exception of any terms or conditions of this License that
* conflict with, or are expressly prohibited by, the GPL.
*
* THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR
* ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions, and the following disclaimer,
without modification, immediately at the beginning of the file.
2. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer in this
position and unchanged.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice unmodified, this list of conditions, and the following
disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
Neither the name of the copyright owner nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, modify, and/or distribute this software for any
purpose with or without fee is hereby granted.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
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ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Business Source License 1.0
Licensor: MariaDB Corporation Ab
Software: MariaDB MaxScale™ v.2.0. The Software is © 2016 MariaDB Corporation Ab
Use Limitation: Usage of the software is free when your application uses the Software with a total of less than three database server instances for production purposes.
Change Date: 2019-01-01
Change License: Version 2 or later of the GNU General Public License as published by the Free Software Foundation.
For information about alternative licensing arrangements for the Software, please visit: https://mariadb.com/products/mariadb-enterprise
You are granted limited license to the Software under this Business Source License. Please read this Business Source License carefully, particularly the Use Limitation set forth above.
Subject to the Use Limitation, Licensor grants you a non-exclusive, worldwide (subject to applicable laws) license to copy, modify, display, use, create derivative works, and redistribute the Software until the Change Date. If your use of the Software exceeds, or will exceed, the foregoing limitations you MUST obtain alternative licensing terms for the Software directly from Licensor, its affiliated entities, or authorized resellers. For the avoidance of doubt, prior to the Change Date, there is no Use Limitations for non-production purposes.
After the Change Date, this Business Source License will convert to the Change License and your use of the Software, including modified versions of the Software, will be governed by such Change License.
All copies of original and modified Software, and derivative works of the Software, are subject to this Business Source License. This Business Source License applies separately for each version of the Software and the Change Date will vary for each version of the Software released by Licensor.
You must conspicuously display this Business Source License on each original or modified copy of the Software. If you receive the Software in original or modified form from a third party, the restrictions set forth in this Business Source License apply to your use of such Software.
Any use of the Software in violation of this Business Source License will automatically terminate your rights under this Business Source License for the current and all future versions of the Software.
You may not use the marks or logos of Licensor or its affiliates for commercial purposes without prior written consent from Licensor.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL SERVICES PROVIDED BY LICENSOR OR ITS AFFILIATES UNDER OR IN CONNECTION WITH WITH THIS BUSINESS SOURCE LICENSE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT.
Business Source License 1.1
License text copyright © 2017 MariaDB Corporation Ab, All Rights Reserved.
"Business Source License" is a trademark of MariaDB Corporation Ab.
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works, redistribute, and make non-production use of the Licensed Work. The
Licensor may make an Additional Use Grant, above, permitting limited production
use.
Effective on the Change Date, or the fourth anniversary of the first publicly
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License, whichever comes first, the Licensor hereby grants you rights under the
terms of the Change License, and the rights granted in the paragraph above
terminate.
If your use of the Licensed Work does not comply with the requirements currently
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for each version of the Licensed Work and the Change Date may vary for each
version of the Licensed Work released by Licensor.
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Redistribution and use in source and binary forms are permitted
provided that the above copyright notice and this paragraph are
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and other materials related to such
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THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
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Redistribution and use in source and binary forms are permitted
provided that the above copyright notice and this paragraph are
duplicated in all such forms and that any documentation,
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THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
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SDK LICENSE AGREEMENT
Information
Last Updated: September 25, 2013
YOU SHOULD READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BUGSENSE.
By downloading, installing, accessing, or otherwise copying or using all or any portion of the BugSense SDK, (i) you accept this SDK License Agreement ("Agreement") on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by this Agreement or, if there is no such entity for which you are authorized to act, you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) and yourself. Also, to enter into this Agreement, and thereby use the BugSense SDK, you as an individual must be at least 18 years old. Accordingly, you represent and warrant that you are at least 18 years old.
In this Agreement, "BugSense," "we," "us," and "our" refers to BugSense, Inc., a Delaware corporation, and "you" and "your" refer to the entity on whose behalf you are entering into this Agreement or, if there is no such entity, you as an individual.
IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, OR IF YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY OR YOURSELF AS AN INDIVIDUAL (IF THERE IS NO SUCH ENTITY), DO NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE COPY OR USE ALL OR ANY PORTION OF THE BUGSENSE SDK. THE BUGSENSE SDK IS BEING LICENSED AND NOT SOLD TO YOU. BUGSENSE PERMITS YOU TO DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE COPY OR USE THE BUGSENSE SDK (INCLUDING THE FUNCTIONALITY OR FEATURES THEREOF) ONLY IN ACCORDANCE WITH THIS AGREEMENT.
1. Definitions.
Capitalized terms not otherwise defined in the text can be found in Exhibit A.
2. Changes to Agreement.
We reserve the right to update or otherwise make changes to this Agreement from time to time on at least thirty (30) days’ notice, which notice we will provide to you by any reasonable means, including without limitation by posting the revised version of this Agreement on the website located at www.bugsense.com (or such other website as we may designate). If you object to the revised version of this Agreement, you will within such thirty (30) day period notify us of your objection and, if you so notify us, the revised version will not apply to you. Instead, effective at the end of such thirty (30) day period, your existing Agreement will terminate; you will cease all access to and use of the BugSense SDK; and we will have no obligation to further provide the BugSense SDK to you. If you do not notify us of your objection during the thirty (30) day period, your continued access to and use of the BugSense SDK after the effective date of such revised version of this Agreement will be deemed your acceptance of such revised version; however, changes to this Agreement will not apply to any dispute between you and us based on a claim filed before the effective date of the changes. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" or similar legend at the top of this Agreement.
3. License.
Subject to and conditioned on compliance with the terms and conditions of this Agreement, including without limitation compliance with the obligations regarding the End User Requirements (defined below), BugSense hereby grants you a nonexclusive, limited, non-transferable, revocable license (without the right to sublicense except as expressly permitted by this Section) to (i) install, use, and copy the BugSense SDK for the purpose of debugging, monitoring, developing and operating your User App and (ii) include the BugSense SDK in your User App and distribute to End Users (directly or indirectly in accordance with your regular distribution channels for the User App) the BugSense SDK as contained within your User App. For each distribution and copy of your User App that contains the BugSense SDK, you will require the applicable End User to enter into a legally binding license agreement with you that, at a minimum, complies with the following (such criteria, the "End User Requirements"): (a) limits the license grant to use of the User App by the End User on the applicable mobile device(s) on a specified mobile platform; (b) disclaims all warranties by and on behalf of and limits all liabilities of BugSense; (c) prohibits decompilation and other reverse engineering of the BugSense SDK; (d) provides that you will protect the privacy and legal rights of End Users under all applicable laws and regulations, which includes communicating a legally adequate privacy notice; (e) notifies End Users that certain information will be made available to you, BugSense and other entities and that additional charges (e.g., data usage charges) may be incurred by End Users (e.g., in the transmission of such information) by their mobile service providers; (f) obtains sufficient authorization from End Users to transfer such information to you, BugSense and other entities and to permit the storage and processing of such information; and (g) otherwise obtains and maintains any required consents from End Users to allow BugSense (including its service providers) to provide or have provided products and services to you, including without limitation consent for you, BugSense and other entities to access, monitor, use and disclose End User data. Except as required by Section 4 below, in the license agreement with End Users (and notwithstanding anything to the contrary in this Section), you will not refer to BugSense by name or with other identifying information; instead, you will address the End User Requirements by referring to your "suppliers," "licensors" and "service providers" (or using similar words that refer to BugSense).
4. Ownership.
BugSense and/or its suppliers, licensors and service providers own all worldwide right, title and interest in and to the BugSense SDK, including all worldwide patent rights; copyright rights (including those with respect to computer software, software design, software code, software architecture, programming tools, graphical user interfaces, applications programming interfaces, reports, dashboard, business rules, use cases, screens, alerts, notifications, drawings, specifications and databases); trade secrets and other rights with respect to confidential or proprietary information; know-how; other rights with respect to inventions, discoveries, ideas, improvements, techniques, formulae, algorithms, processes, schematics, testing procedures, technical information and other technology; and any other intellectual property and proprietary rights, whether or not subject to registration; and all rights under any license or other arrangement with respect to the foregoing. Except as expressly stated in this Agreement, BugSense does not grant you any license or other rights under or with respect to any intellectual property rights in the BugSense SDK; all right, title, and interest in and to the BugSense SDK not expressly granted in this Agreement remain with BugSense and/or its suppliers, licensors and service providers; and no license or other rights with respect to the BugSense SDK or related intellectual property rights shall be implied. You may not remove or obscure any copyright, trademark, confidentiality, or any other intellectual property or proprietary rights notices from the BugSense SDK. "BugSense" and related trademarks and service marks (including related graphics and logos) and trade names used on or in the BugSense SDK are the trademarks of BugSense, and you may not use, or authorize the use of, such trademarks, service marks or trade names without our express written permission (whether in connection with any products or services or otherwise). Other trademarks, service marks, and trade names that may appear on or in the BugSense SDK are the property of their respective owners. Except as expressly set forth in this Agreement, we retain all rights to our trademarks and service marks.
5. Additional Obligations and Restrictions.
You will at all times access and use the BugSense SDK only in accordance with this Agreement and only in accordance with all applicable laws and regulations. In all circumstances, as a condition to your access to and use of the Software, you agree that you will not access or use the BugSense SDK for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Software or interfere with any other party’s use of the BugSense SDK. BugSense may take whatever steps we believe are appropriate, at our sole discretion, to detect and prevent any such activities. Further, BugSense may take whatever steps we believe are appropriate, at our sole discretion, to enforce or verify compliance with any part of this Agreement (including without limitation our right to pursue or cooperate with any legal process relating to your use of the BugSense SDK or any third party claim that your use of the BugSense SDK is unlawful or infringes such third party’s rights).
Except as expressly permitted in this Agreement, you may not (a) create any derivative works of or otherwise modify, or decompile or otherwise reverse engineer, all or any portion of the BugSense SDK (except that you may modify portions of the BugSense SDK provided to you in source code form in accordance with, and to the extent instructions to modify such portions are set forth in, the Documentation); or (b) remove, circumvent, disable, damage or otherwise interfere with any security features of the BugSense SDK.
You agree not to use the BugSense SDK to transmit any protected health data, as defined in the U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as amended by the U.S. Health Information Technology for Economic and Clinical Health Act, including the HIPAA omnibus final rule.
If you fail to comply with any of the terms and conditions of this Agreement, your right to use the BugSense SDK automatically terminates. Further, we reserve the right to deny you access to and use of the BugSense SDK if you fail to comply with such terms and condition or if you are the subject of complaints by others.
6. Feedback.
If you provide any information, sample data, event types, tags, comments, or other content related to the BugSense SDK or your use of the BugSense SDK (your"Feedback") to BugSense, you hereby grant to BugSense a perpetual, irrevocable, worldwide, royalty free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, transmit, create derivative works of, and otherwise exploit such Feedback, and to grant to others rights to do any of the foregoing.
7. Open Source.
The BugSense SDK includes open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
8. Feedback.
If you post any information, sample data, event types, tags, comments, or other content (your "Feedback") to the Site or through the Services, or otherwise provide any Feedback to BugSense, you hereby grant to BugSense a perpetual, irrevocable, world-wide, royalty free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, transmit, create derivative works of, and otherwise exploit such Feedback, and to grant to others rights to do any of the foregoing.
9. Open Source.
The Software includes open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the terms and conditions of the applicable open source license.
10. Information Processing.
You are responsible for how content is submitted and the security of such transmission. Although, through the BugSense SDK, BugSense may permit submission of free form information into BugSense’s platform, potentially including personal information of your customers, you agree not to transmit any personal information to the BugSense platform through the BugSense SDK, as personal information may be defined by applicable law due to the data type, use or location. For this situation, BugSense is acting as a service provider to you and will handle any personal information only on your instructions.
11. Warranty Disclaimer.
BUGSENSE AND ITS AFFILIATES, AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, PROVIDE THE BUGSENSE SDK ASIS AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ANY QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUGSENSE DOES NOT WARRANT THAT THE BUGSENSE SDK WILL BE ERROR-FREE, NOR DOES BUGSENSE PROVIDE ANY WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE BUGSENSE SDK. YOU AGREE THAT, AS BETWEEN YOU AND BUGSENSE, YOU ARE RESPONSIBLE FOR THE ACCURACY AND QUALITY OF THE DATA PROVIDED BY YOU OR YOUR END USERS TO BUGSENSE AND ITS AFFILIATES AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS. BECAUSE THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES OR JURISDICTIONS, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
12. Limitation of Liability.
BUGSENSE AND ITS AFFILIATES, AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, PROVIDE THE SITE, SERVICES AND SOFTWARE AS-IS AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ANY QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUGSENSE DOES NOT WARRANT THAT THE SITE, SERVICES OR SOFTWARE WILL BE ERROR-FREE, NOR DOES BUGSENSE PROVIDE ANY WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE SITE, SERVICES OR SOFTWARE, OR THE INFORMATION PROVIDED ON THE SITE OR BY THE SERVICES. YOU AGREE THAT, AS BETWEEN YOU AND BUGSENSE, YOU ARE RESPONSIBLE FOR THE ACCURACY AND QUALITY OF THE DATA PROVIDED BY YOU OR YOUR END USERS TO BUGSENSE AND ITS AFFILIATES AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS. BECAUSE THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES OR JURISDICTIONS, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
13. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUGSENSE’S TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND BASED ON ANY THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS ($100) AND (ii) THE AMOUNTS PAID BY YOU TO BUGSENSE IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL BUGSENSE OR ANY OF ITS AFFILIATES OR THEIR SUPPLIERS, LICENSORS OR SERVICE PROVIDERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS OF THE FOREGOING) (COLLECTIVELY, THE "BUGSENSE ENTITIES") BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (OR FOR ANY LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR THE ACCESS TO OR USE OF THE BUGSENSE SDK, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION, OR OTHERWISE, AND WHETHER OR NOT THE BUGSENSE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, THE BUGSENSE ENTITIES WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION RESULTING FROM THE TERMINATION OF RIGHTS GRANTED IN THIS AGREEMENT AND ANY ASSOCIATED CESSATION OF THE FUNCTIONS OF THE BUGSENSE SDK. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BugSense is acting on behalf of its affiliates and their licensors, suppliers and service providers for the purpose of disclaiming, excluding and limiting obligations, warranties and liabilities, but in no other respects and for no other purposes.
14. Export.
The BugSense Materials, or any feature or portion thereof, may not be available for use in all jurisdictions, and BugSense makes no representation that any of the foregoing is appropriate or available for use in any particular jurisdiction. To the extent you choose to access and use the BugSense Materials, you do so at your own initiative and at your own risk, and you are responsible for complying with all applicable laws and regulations.
15. Export.
Your access to and use of the BugSense SDK are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of other countries. You will comply fully with all applicable customs and export control laws and regulations of the United States and any other country where you access or use any of the BugSense SDK. You certify that you are not on any of the relevant U.S. Government Lists of prohibited persons, including but not limited to the U.S. Treasury Department’s List of Specially Designated Nationals, and the U.S. Commerce Department’s List of Denied Persons or Entity List. You further certify that you will not export, re-export, ship, transfer or otherwise use the BugSense SDK in any country subject to an embargo or other sanction by the United States, including without limitation Iran, Syria, Cuba, Sudan and North Korea, and that you will not use the BugSense SDK for any purpose prohibited by U.S. laws or for any nuclear, chemical, missile or biological weapons related end uses.
16. Anti-Bribery/Foreign Corrupt Practices Act.
You acknowledge that you are familiar with and understand the provisions of the U.S. Foreign Corrupt Practices Act ("FCPA") and the U.K. Bribery Act of 2010 ("UKBA") (and any other similar laws in other jurisdictions (collectively, "Anti-Bribery Laws") and you agree to comply with their terms as well as any provisions of related local law and Splunk Inc.’s corporate policy and procedures related thereto, which policy and procedures we will make available to you upon your written request. You further understand the provisions relating to the Anti-Bribery Laws’ prohibitions regarding the payment or giving of anything of value, either directly or indirectly, to an official of a foreign government or political party for the purpose of influencing an act or decision in his or her official capacity or inducing the official to use his or her party’s influence with that government, in each case to obtain or retain business or otherwise gain an advantage. You are also aware of the UKBA’s prohibition relating to providing things of value to any person, not only foreign officials, with the intent to induce such party to not act with good faith or impartiality or to abuse a position of trust. You, including but not limited to your officers, directors, employees, agents or subsidiaries (if any), agree not to violate or knowingly let anyone violate the Anti-Bribery Laws. Upon our request, you agree to provide us with written certifications of your Anti-Bribery Laws compliance and assist us with an investigation into possible wrongdoing if we have reason to believe violations of the Anti-Bribery Laws have occurred in connection with this Agreement.
17. Fees.
To the extent you have agreed to pay specified fees to BugSense pursuant to a separate order or other arrangement with BugSense, you may access and use the BugSense SDK only so long as you are current in your payment obligations.
18. No Support.
BugSense has no obligation to provide maintenance or support of the BugSense SDK.
19. Termination by You.
You may terminate this Agreement at any time and for any or no reason by written notice to BugSense. If you terminate this Agreement, you are not entitled to receive (and BugSense has no obligation to provide) any refund of or credit for any fees paid prior to such termination.
20. Termination by BugSense.
We may terminate this Agreement by written notice to you at any time if we determine that such action is appropriate—for example, to (i) prevent errors or any other harm with respect to the BugSense SDK; (ii) respond to your breach of this Agreement; (iii) mitigate or otherwise limit our damages or our liability; or (iv) respond to applicable law or regulation or any court or governing agency order. Further, we may terminate this Agreement by written notice to you at any time if (a) you fail to make payments to BugSense when due; or (b) you otherwise access or use the BugSense SDK in violation of this Agreement or you otherwise fail to comply with this Agreement.
21. Effect of Termination.
Upon any termination of this Agreement: (i) you will immediately cease access to and use of the BugSense SDK; (ii) all license and other rights granted to you under this Agreement will immediately terminate; (iii) you will promptly return or, if instructed by BugSense, destroy all copies of the BugSense SDK in your possession or control; and (iv) except as expressly set forth in Section 2 of this Agreement, you will not be entitled to receive (and BugSense has no obligation to provide) any refund of or credit for any fees paid prior to such termination. In addition, Sections 4, 6, 8-13, and 17-21 will survive any termination of this Agreement (regardless of the basis for termination).
22. Indemnity.
You will defend, indemnify and hold harmless each of the BugSense Entities from and against any and all third party claims, damages, losses, liabilities, demands, costs and expenses (including reasonable attorneys’ fees and costs) relating to or arising, directly or indirectly, in whole or in part, from:
o Your use of the BugSense SDK;
o Any breach or violation by you of this Agreement or of any applicable law;
o Any breach or violation by you of this Agreement or of any applicable law;
o Any action taken by BugSense as part of its investigation of a suspected violation of this Agreement by you, or as a result of our finding or decision that such violation has occurred; or
o Your violation of any rights of any third party, including without limitation in connection with a dispute between you and another customer of BugSense.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in (and, upon our request, tender to us) the defense of any such claim, action, settlement, or compromise negotiations, as requested by us. In no event will you settle any claim or action without our prior written approval.
You agree not to sue any of the BugSense Entities as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the BugSense SDK, or to take any other action during the investigation of a suspected violation or as a result of BugSense’s conclusion that a violation of this Agreement has occurred.
23. Severability.
Unless otherwise provided herein, all rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. The terms and conditions stated herein are declared to be severable. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
24. Choice of Law and Disputes.
The following Choice of Law and Disputes terms and conditions will apply under this Agreement: This Agreement will be governed by and construed in accordance with the laws of the State of California, as if performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (i) For other than the U.S. Government as a party, any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California and the parties hereby consent to personal jurisdiction and venue therein. If a dispute arises between you and BugSense, and either you or BugSense files suit in any court of competent jurisdiction to enforce rights under this Agreement, then the prevailing party will be entitled to recover from the other party all costs of such action or suit, including but not limited to investigative costs, court costs and reasonable attorneys’ fees (including expenses incurred to collect those expenses). (ii) If a dispute arises between you and BugSense that is related to a government customer that is subject to the Contract Disputes Act, 41 U.S.C. 601 et seq., concerning issues of fact or law which relate to this Agreement (a"CDA Dispute"), the following dispute procedures will apply. If the U.S. Government issues a final decision regarding a CDA Dispute, such decision will be provided within ten (10) days of receipt by you by written notification to BugSense and subsequently binding upon BugSense to the same extent it is binding upon you, subject to BugSense’s right to seek additional time, cost or both. BugSense will continue performance in accordance with the decision pending any appeal that may be initiated pursuant to the provisions below. If you elect to appeal such decision under your prime contract "Disputes" clause, BugSense will be permitted to participate fully in such appeal concerning issues of fact or law which relate to this Agreement for the purpose of protecting BugSense’s interest. You will not enter into a settlement with the government as to any portion of the appeal affecting BugSense without BugSense’s prior written consent. If you elect not to appeal a CDA Dispute, such election must be made within thirty (30) days of the government’s final decision and you agree to notify BugSense within three (3) days after you elect not to appeal. If BugSense elects to pursue appeal of such decision by the Contracting Officer, BugSense will provide written notice of such election to you, and the parties will enter into a sponsorship agreement pursuant to which BugSense will have the right to prosecute in your name any and all appeals arising from the government’s determination. Any such appeal brought by BugSense in your name will be at the expense of BugSense, provided, however, that you, at your expense, will provide BugSense with reasonable assistance in the presentation of such appeal. (iii) If you are the U.S. Government as a party to this Agreement, this Agreement will be governed by and interpreted in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this Agreement will be a dispute to be resolved in accordance with the clause at 48 C.F.R 52.233-1, which is incorporated in this Agreement by reference.
25. General.
All notices required or permitted under this Agreement will be by email. All notices to BugSense will be sent to mobilesupport@splunk.com (or to such other email address as we may notice to you from time to time). All notices to you will be sent to the email address you provide to BugSense as part of registering and establishing an account with us (or to such other email address as you may notice to us from time to time). You may not assign, delegate or transfer this Agreement, in whole or in part, by agreement, operation of law or otherwise. BugSense may assign this Agreement in whole or in part to (i) an affiliate, (ii) in connection with an internal reorganization, or (iii) in connection with a merger, acquisition, sale of all or a portion of BugSense’s business, assets or stock, or similar transaction. Further, BugSense may assign its rights to receive payment due as a result of performance of this Agreement to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727) and may assign this Agreement in accordance with the provisions at 48 C.F.R 42.12, as applicable. Any attempt to assign this Agreement other than as permitted herein will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns. This Agreement, including any exhibits or schedules hereto and any additional terms incorporated by reference, constitutes the complete and exclusive understanding and agreement between the parties and supersedes any and all prior or contemporaneous agreements, communications and understandings, written or oral, relating to their subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of both parties. Any terms and conditions contained or referenced by either party in a quote, purchase order, acceptance, invoice or any similar document purporting to modify the terms and conditions contained in this Agreement are hereby rejected and will be disregarded and have no effect unless otherwise expressly agreed to by the parties in accordance with the preceding sentence. This Agreement is a binding contract between you and BugSense governing your use of the BugSense SDK; however, if you and BugSense enter into a separate written agreement that specifically states that it supersedes this Agreement, in whole or in part, such separate written agreement will apply to your use of the BugSense SDK and supersede this Agreement to the extent and as set forth in such separate written agreement. In addition, this Agreement may be amended and become effective as set forth in Section 2 above.
BYTEmark (tm)
BYTE's Native Mode Benchmarks
Rick Grehan, BYTE Magazine
Creation:
Revision: 3/95;10/95
10/95 - Removed allocation that was taking place inside
the LU Decomposition benchmark. Though it didn't seem to
make a difference on systems we ran it on, it nonetheless
removes an operating system dependency that probably should
not have been there.
DISCLAIMER
The source, executable, and documentation files that comprise
the BYTEmark benchmarks are made available on an "as is" basis.
This means that we at BYTE Magazine have made every reasonable
effort to verify that the there are no errors in the source and
executable code. We cannot, however, guarantee that the programs
are error-free. Consequently, McGraw-HIll and BYTE Magazine make
no claims in regard to the fitness of the source code, executable
code, and documentation of the BYTEmark.
Furthermore, BYTE Magazine, McGraw-Hill, and all employees
of McGraw-Hill cannot be held responsible for any damages resulting
from the use of this code or the results obtained from using
this code.
The bzip2 license
Terms
This program, "bzip2" and associated library "libbzip2", are
copyright (C) Julian R Seward. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. The origin of this software must not be misrepresented; you must
not claim that you wrote the original software. If you use this
software in a product, an acknowledgment in the product
documentation would be appreciated but is not required.
3. Altered source versions must be plainly marked as such, and must
not be misrepresented as being the original software.
4. The name of the author may not be used to endorse or promote
products derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Julian Seward, Cambridge, UK.
jseward@acm.org
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. The origin of this software must not be misrepresented; you must
not claim that you wrote the original software. If you use this
software in a product, an acknowledgment in the product
documentation would be appreciated but is not required.
3. Altered source versions must be plainly marked as such, and must
not be misrepresented as being the original software.
4. The name of the author may not be used to endorse or promote
products derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CONVERTIBLE FREE SOFTWARE LICENSE
Version 1.1, 2016-08-11
copyright 2016, by Elmar Stellnberger
Everyone is permitted to copy and distribute verbatim copies of this license document. You must not modify the license itself.
This license applies to any software containing a notice by the copyright holder saying that it may be used under the terms of the Convertible Free Software License. If a specific version number is mentioned then usage rights include this version as well as any newer version which will always be similar in spirit to this license. The term Convertible Free Software license may be abbreviated as C-FSL.
1. Any work under this license comes completely without any warranty or any kind of liability such as lost revenues, profits, harm or damage of any kind even if the authors should have been advised of the possibility of such harm or damage. It may be seen as research work and does not claim for fitness to any particular usage purpose.
2. The term 'source code' applies to the preferred form that is used to develop or apply changes to a work under this license referred to herein as 'the work'. You are allowed to modify or change the source code if you accept that the resulting changed work will become subject to this license. As soon as you apply any change this is an implicit consent to fully comply with this license and a consent that the work may be used under this license.
3. It is your obligation that the changed version of your sources will be available to the public for free within the time frame of a month at least if there is no undue hindrance by the authors to make it available. Modifications which result in a broken or unusable program which the authors do not plan to continue their work on are considered dead end and do not need to be published. Available for free means that there will be no undue hindrance in obtaining the given item like a registration of the person who wants to download or obtain the given item. Available for free also means that you must not charge for the given item itself apart from the possibility to require a reasonable charge for the physical reproduction of the data.
4. You are allowed to issue an 'automatic derivation process' on the source code which will result in so called 'object code'. You are obligated to provide sufficient data, tools and utilities so that a functionally equivalent object code can be compiled merely from programs and work licensed either under any open source license approved by opensource.org or under C-FSL. The given data and utilities for obtaining functionally equivalent results need to be available to the public for free.
5. When applying changes to the source code you need to leave your name, your email address and the date of your modifications so that other people may contact you. If a contributor should not have a steady access to the internet or a satisfying access to an emailing service he may leave another way by which he can be contacted. We suggest to list all changes by contributors either in a separate changelog file or in the header of the changed file. Several consecutive changes may be collapsed. Furthermore you need to give your changed version a 'marker' which may be used to distinguish it from the upstream version when being distributed to other people. The distributed product needs to be of the form upstream name - dash upstream version - dash your marker optionally followed by a version number under your control. If there should be a chain of upstream contributors there only needs to be one marker by the party which is at the end of the chain as long as that chain remains to be documented in some place where it is shipped with your software. The marker needs to be unique, at least two letters in size. We suggest it to reflect the name of your company or distribution. You may always distribute an upstream version in unchanged form either with your own marker or without.
6. You may choose to create a fork of a work under C-FSL by giving it a completely different name. However you need to assert that people will know that your fork is based on the original work. If your program has a graphical user interface the whole C-FSL license must be referenced via the GUI. Otherwise a plain text copy of this license needs to be given and packed alongside the distributed product. A complete reference to the base product including email address and web presence must be referenced via the GUI for any GUI program that is a fork of another C-FSL program. If your program has a comprehensive help, manual or info page and is a fork a similar reference to the base product must be given there. It does not apply to quick or short command line help output as long as a more comprehensive help page is also available. Any program under C-FSL which is a fork of another C-FSL program must ship with a reference to the base product.
7. Contributing to a work under C-FSL means that you will give a group called the 'original authors' a consensus based right to re-license your derived work so that it will be available under both licenses: the C-FSL and the newly applied license. In order to re-license consensus is only required between these original authors. The original authors are the group of people who have initially started to create a work. They shall be mentioned at the beginning of the changelog or the file header of changes. As soon as there is a consensus to do so by all original authors the work may either be re-licensed, published as upstream version without a marker or new people may be accepted and mentioned as 'original authors'.
8. No work under C-FSL shall be deemed part of an effective measure under anti-circumvention laws like under article 11 of the WIPO copyright treaty adopted on 1996-12-20 or any similar law. By your consent to work under this license you waive any legal power to forbid such circumventions regarding the work under C-FSL or any work combined with it. You must assert that the right to use, modify, generate object code and distribute any software under C-FSL will not be infringed by patent claims or similar law. If you modify a work under C-FSL so that it will knowingly rely on a patent license then it means that you will thereby grant to extend the patent license to any recipient of the work. Every contributor grants by the act of contributing to a work under C-FSL a non-exclusive, worldwide and royalty-free patent license to any prospective contributor or user of the given work applicable to all his 'essential patent claims'. The essential patent claims comprise all claims owned or controlled by the contributor.
9. A work under C-FSL which has another component or plug-in as well as a work under C-FSL which is used itself as a component, plug-in, add-on of another product, any product under C-FSL which is combined or which links against another work requires that the other work will either be put under an open source license as approved by opensource.org or it needs to be put under C-FSL as well. Usage of proprietary libraries and kernel modules pose an exception to this rule. There must be a functionally equivalent open source library for any proprietary library so that a work under C-FSL can run and execute even without any proprietary library. No such restriction applies to kernel modules. The term 'kernel' refers to the core of an operating system. Libraries are separate components which link against the given work or other components. The term 'linking' refers to the relocation of references or addresses when the library is combined with another component in order to make the combined aggregate executable or runnable. Such references are bound to symbols which are part of the common interface between the library and the component which the library is combined with at runtime. Libraries which provide operating system services use a well defined binary interface but do not 'link' against the kernel.
10. This license is either governed by the Laws of Austria or by the laws of the country where the first mentioned original author lives or is a resident. Disputes shall be settled by the nearest proper court given the home town or location of the first original author unless there is a common consensus for another place of court by all original authors. If any of the terms stated in this license were not in accordance with the law of the country that governs this license all other parts of the license shall remain valid.
Computational Use of Data Agreement v1.0
This is the Computational Use of Data Agreement, Version 1.0 (the “C-UDA”). Capitalized terms are defined in Section 5. Data Provider and you agree as follows:
1. Provision of the Data
1.1. You may use, modify, and distribute the Data made available to you by the Data Provider under this C-UDA for Computational Use if you follow the C-UDA's terms.
1.2. Data Provider will not sue you or any Downstream Recipient for any claim arising out of the use, modification, or distribution of the Data provided you meet the terms of the C-UDA.
1.3 This C-UDA does not restrict your use, modification, or distribution of any portions of the Data that are in the public domain or that may be used, modified, or distributed under any other legal exception or limitation.
2. Restrictions
2.1 You agree that you will use the Data solely for Computational Use.
2.2 The C-UDA does not impose any restriction with respect to the use, modification, or distribution of Results.
3. Redistribution of Data
3.1. You may redistribute the Data, so long as:
3.1.1. You include with any Data you redistribute all credit or attribution information that you received with the Data, and your terms require any Downstream Recipient to do the same; and
3.1.2. You bind each recipient to whom you redistribute the Data to the terms of the C-UDA.
4. No Warranty, Limitation of Liability
4.1. Data Provider does not represent or warrant that it has any rights whatsoever in the Data.
4.2. THE DATA IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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5. Definitions
5.1. “Computational Use” means activities necessary to enable the use of Data (alone or along with other material) for analysis by a computer.
5.2.“Data” means the material you receive under the C-UDA in modified or unmodified form, but not including Results.
5.3. “Data Provider” means the source from which you receive the Data and with whom you enter into the C-UDA.
5.4. “Downstream Recipient” means any person or persons who receives the Data directly or indirectly from you in accordance with the C-UDA.
5.5. “Result” means anything that you develop or improve from your use of Data that does not include more than a de minimis portion of the Data on which the use is based. Results may include de minimis portions of the Data necessary to report on or explain use that has been conducted with the Data, such as figures in scientific papers, but do not include more. Artificial intelligence models trained on Data (and which do not include more than a de minimis portion of Data) are Results.
5.6. “Upstream Data Providers” means the source or sources from which the Data Provider directly or indirectly received, under the terms of the C-UDA, material that is included in the Data.
Computer Associates Open Source Software License
Version 1.0
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
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3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by Computer Associates (http://www.ca.com/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The name "Computer Associates" must not be used to endorse or promote products derived from this software without prior written permission.
5. Products may not include "Computer Associates" their name, without prior written permission of the Computer Associates.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COMPUTER ASSOCIATES OR CONTRIBUTORS TO THE JXPLORER OPEN SOURCE PROJECT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Computer Associates Trusted Open Source License
Version 1.1
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE
ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER
ASSOCIATES TRUSTED OPEN SOURCE LICENSE ("LICENSE"). ANY USE,
REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
License Background
Computer Associates International, Inc. (CA) believes in open source. We
believe that the open source development approach can take appropriate
software programs to unprecedented levels of quality, growth, and
innovation. To demonstrate our continuing commitment to open source, we
are releasing the Program (as defined below) under this License.
This License is intended to permit contributors and recipients of the
Program to use the Program, including its source code, freely and
without many of the concerns of some other open source licenses.
Although we expect the underlying Program, and Contributions (as defined
below) made to such Program, to remain open, this License is designed to
permit you to maintain your own software programs free of this License
unless you choose to do so. Thus, only your Contributions to the Program
must be distributed under the terms of this License.
The provisions that follow set forth the terms and conditions under
which you may use the Program.
1. DEFINITIONS
1.1 Contribution means (a) in the case of CA, the Original Program; and
(b) in the case of each Contributor (including CA), changes and
additions to the Program, where such changes and/or additions to the
Program originate from and are distributed by that particular
Contributor to unaffiliated third parties. A Contribution originates
from a Contributor if it was added to the Program by such Contributor
itself or anyone acting on such Contributors behalf. Contributions do
not include additions to the Program which: (x) are separate modules of
software distributed in conjunction with the Program under their own
license agreement, and (y) are not derivative works of the Program.
1.2 Contributor means CA and any other person or entity that distributes
the Program.
1.3 Contributor Version means as to a Contributor, that version of the
Program that includes the Contributors Contribution but not any
Contributions made to the Program thereafter.
1.4 Larger Work means a work that combines the Program or portions
thereof with code not governed by the terms of this License.
1.5 Licensed Patents mean patents licensable by a Contributor that are
infringed by the use or sale of its Contribution alone or when combined
with the Program.
1.6 Original Program means the original version of the software to which
this License is attached and as released by CA, including source code,
object code and documentation, if any.
1.7 Program means the Original Program and Contributions.
1.8 Recipient means anyone who modifies, copies, uses or distributes the
Program.
2. GRANT OF RIGHTS
2.1 Subject to the terms of this License, each Contributor hereby grants
Recipient an irrevocable, non-exclusive, worldwide, royalty-free license
to reproduce, prepare derivative works of, publicly display, publicly
perform, distribute and sublicense the Contribution of such Contributor,
if any, and such derivative works, in source code and object code form.
For the avoidance of doubt, the license provided in this Section 2.1
shall not include a license to any Licensed Patents of a Contributor.
2.2 Subject to the terms of this License, each Contributor hereby grants
Recipient an irrevocable, non-exclusive, worldwide, royalty-free license
to the Licensed Patents to the extent necessary to make, use, sell,
offer to sell and import the Contribution of such Contributor, if any,
in source code and object code form. The license granted in this Section
2.2 shall apply to the combination of the Contribution and the Program
if, at the time the Contribution is added by the Contributor, such
addition of the Contribution causes the Licensed Patents to be infringed
by such combination. Notwithstanding the foregoing, no license is
granted under this Section 2.2: (a) for any code or works that do not
include the Contributor Version, as it exists and is used in accordance
with the terms hereof; (b) for infringements caused by: (i) third party
modifications of the Contributor Version; or (ii) the combination of
Contributions made by each such Contributor with other software (except
as part of the Contributor Version) or other devices; or (c) with
respect to Licensed Patents infringed by the Program in the absence of
Contributions made by that Contributor.
2.3 Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, except as provided in
Section 2.4, no assurances are provided by any Contributor that the
Program does not infringe the patent or other intellectual property
rights of any other person or entity. Each Contributor disclaims any
liability to Recipient for claims brought by any other person or entity
based on infringement of intellectual property rights or otherwise. As a
condition to exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any.
2.4 Each Contributor represents and warrants that it has all right,
title and interest in the copyrights in its Contributions, and has the
right to grant the copyright licenses set forth in this License.
3. DISTRIBUTION REQUIREMENTS
3.1 If the Program is distributed in object code form, then a prominent
notice must be included in the code itself as well as in any related
documentation, stating that the source code for the Program is available
from the Contributor with information on how and where to obtain the
source code. A Contributor may choose to distribute the Program in
object code form under its own license agreement, provided that:
a. it complies with the terms and conditions of this License; and
b. its license agreement:
i. effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title
and non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose, to the maximum extent
permitted by applicable law;
ii. effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits, to the maximum extent permitted by applicable
law;
iii. states that any provisions which are inconsistent with this License are
offered by that Contributor alone and not by any other party; and
iv. states that source code for the Program is available from such
Contributor at the cost of distribution, and informs licensees how to obtain
it in a reasonable manner.
3.2 When the Program is made available in source code form:
a. it must be made available under this License; and
b. a copy of this License must be included with each copy of the Program.
3.3 This License is intended to facilitate the commercial distribution
of the Program by any Contributor. However, Contributors may only charge
Recipients a one-time, upfront fee for the distribution of the Program.
Contributors may not charge Recipients any recurring charge, license
fee, or any ongoing royalty for the Recipients exercise of its rights
under this License to the Program. Contributors shall make the source
code for the Contributor Version they distribute available at a cost, if
any, equal to the cost to the Contributor to physically copy and
distribute the work. It is not the intent of this License to prohibit a
Contributor from charging fees for any service or maintenance that a
Contributor may charge to a Recipient, so long as such fees are not an
attempt to circumvent the foregoing restrictions on charging royalties
or other recurring fees for the Program itself.
3.4 A Contributor may create a Larger Work by combining the Program with
other software code not governed by the terms of this License, and
distribute the Larger Work as a single product. In such a case, the
Contributor must make sure that the requirements of this License are
fulfilled for the Program. Any Contributor who includes the Program in a
commercial product offering, including as part of a Larger Work, may
subject itself, but not any other Contributor, to additional contractual
commitments, including, but not limited to, performance warranties and
non-infringement representations on suchContributors behalf. No
Contributor may create any additional liability for other Contributors.
Therefore, if a Contributor includes the Program in a commercial product
offering, such Contributor (Commercial Contributor) hereby agrees to
defend and indemnify every other Contributor (Indemnified Contributor)
who made Contributions to the Program distributed by the Commercial
Contributor against any losses, damages and costs (collectively Losses)
arising from claims, lawsuits and other legal actions brought by a third
party against the Indemnified Contributor to the extent caused by the
acts or omissions, including any additional contractual commitments, of
such Commercial Contributor in connection with its distribution of the
Program. The obligations in this section do not apply to any claims or
Losses relating to any actual or alleged intellectual property
infringement.
3.5 If Contributor has knowledge that a license under a third partys
intellectual property rights is required to exercise the rights granted
by such Contributor under Sections 2.1 or 2.2, Contributor must (a)
include a text file with the Program source code distribution titled
../IP_ISSUES, and (b) notify CA in writing at Computer Associates
International, Inc., One Computer Associates Plaza, Islandia, New York
11749, Attn: Open Source Group or by email at opensource@ca.com, both
describing the claim and the party making the claim in sufficient detail
that a Recipient and CA will know whom to contact with regard to such
matter. If Contributor obtains such knowledge after the Contribution is
made available, Contributor shall also promptly modify the IP_ISSUES
file in all copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Program that such
new knowledge has been obtained.
3.6 Recipient shall not remove, obscure, or modify any CA or other
Contributor copyright or patent proprietary notices appearing in the
Program, whether in the source code, object code or in any
documentation. In addition to the obligations set forth in Section 4,
each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.
4. CONTRIBUTION RESTRICTIONS
4.1 Each Contributor must cause the Program to which the Contributor
provides a Contribution to contain a file documenting the changes the
Contributor made to create its version of the Program and the date of
any change. Each Contributor must also include a prominent statement
that the Contribution is derived, directly or indirectly, from the
Program distributed by a prior Contributor, including the name of the
prior Contributor from which such Contribution was derived, in (a) the
Program source code, and (b) in any notice in an executable version or
related documentation in which the Contributor describes the origin or
ownership of the Program.
5. NO WARRANTY
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS
PROVIDED AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY,
REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED BY ANY
CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT
PERMITTED BY LAW.
5.2 Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all
risks associated with its exercise of rights under this License,
including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or
equipment, and unavailability or interruption of operations.
5.3 Each Recipient acknowledges that the Program is not intended for use
in the operation of nuclear facilities, aircraft navigation,
communication systems, or air traffic control machines in which case the
failure of the Program could lead to death, personal injury, or severe
physical or environmental damage.
6. DISCLAIMER OF LIABILITY
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT
PERMITTED BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. TRADEMARKS AND BRANDING
7.1 This License does not grant any Recipient or any third party any
rights to use the trademarks or trade names now or subsequently posted
at http://www.ca.com/catrdmrk.htm, or any other trademarks, service
marks, logos or trade names belonging to CA (collectively CA Marks) or
to any trademark, service mark, logo or trade name belonging to any
Contributor. Recipient agrees not to use any CA Marks in or as part of
the name of products derived from the Original Program or to endorse or
promote products derived from the Original Program.
7.2 Subject to Section 7.1, Recipients may distribute the Program under
trademarks, logos, and product names belonging to the Recipient provided
that all copyright and other attribution notices remain in the Program.
8. PATENT LITIGATION
8.1 If Recipient institutes patent litigation against any person or
entity (including a cross-claim or counterclaim in a lawsuit) alleging
that the Program itself (excluding combinations of the Program with
other software or hardware) infringes such Recipients patent(s), then
such Recipients rights granted under Section 2.2 shall terminate as of
the date such litigation is filed.
9. OWNERSHIP
9.1 Subject to the licenses granted under this License in Sections 2.1
and 2.2 above, each Contributor retains all rights, title and interest
in and to any Contributions made by such Contributor. CA retains all
rights, title and interest in and to the Original Program and any
Contributions made by or on behalf of CA (CA Contributions), and such CA
Contributions will not be automatically subject to this License. CA may,
at its sole discretion, choose to license such CA Contributions under
this License, or on different terms from those contained in this License
or may choose not to license them at all.
10. TERMINATION
10.1 All of Recipients rights under this License shall terminate if it
fails to comply with any of the material terms or conditions of this
License and does not cure such failure in a reasonable period of time
after becoming aware of such noncompliance. If Recipients rights under
this License terminate, Recipient agrees to cease use and distribution
of the Program as soon as reasonably practicable. However, Recipients
obligations under this License and any licenses granted by Recipient as
a Contributor relating to the Program shall continue and survive
termination.
11. GENERAL
11.1 If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
11.2 CA may publish new versions (including revisions) of this License
from time to time. Each new version of the License will be given a
distinguishing version number. The Program (including Contributions) may
always be distributed subject to the version of the License under which
it was received. In addition, after a new version of the License is
published, Contributor may elect to distribute the Program (including
its Contributions) under the new version. No one other than CA has the
right to modify this License.
11.3 If it is impossible for Recipient to comply with any of the terms
of this License with respect to some or all of the Program due to
statute, judicial order, or regulation, then Recipient must: (a) comply
with the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be included in the IP_ISSUES file described in Section 3.5 and must be
included with all distributions of the Program source code. Except to
the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a Recipient of ordinary skill to be able to
understand it.
11.4 This License is governed by the laws of the State of New York. No
Recipient will bring a legal action under this License more than one
year after the cause of action arose. Each Recipient waives its rights
to a jury trial in any resulting litigation. Any litigation or other
dispute resolution between a Recipient and CA relating to this License
shall take place in the State of New York, and Recipient and CA hereby
consent to the personal jurisdiction of, and venue in, the state and
federal courts within that district with respect to this License. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
11.5 Where Recipient is located in the province of Quebec, Canada, the
following clause applies: The parties hereby confirm that they have
requested that this License and all related documents be drafted in
English. Les parties contractantes confirment qu'elles ont exige que le
present contrat et tous les documents associes soient rediges en
anglais.
11.6 The Program is subject to all export and import laws, restrictions
and regulations of the country in which Recipient receives the Program.
Recipient is solely responsible for complying with and ensuring that
Recipient does not export, re-export, or import the Program in violation
of such laws, restrictions or regulations, or without any necessary
licenses and authorizations.
11.7 This License constitutes the entire agreement between the parties
with respect to the subject matter hereof.
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
* Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of Cadence Design Systems, Inc., its products
nor the names of its suppliers may be used to endorse or promote products
derived from this Software without specific prior written permission.
* No reverse engineering, decompilation, or disassembly of this software
is permitted.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
# The Cryptographic Autonomy License, v. 1.0, with Combined Work Exception
*This Cryptographic Autonomy License (the "License") applies to any
Work whose owner has marked it with any of the following notices, or a
similar demonstration of intent:*
SPDX-License-Identifier: CAL-1.0
Licensed under the Cryptographic Autonomy License version 1.0
*or*
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception
Licensed under the Cryptographic Autonomy License version 1.0, with
Combined Work Exception
______________________________________________________________________
## 1. Purpose
This License gives You unlimited permission to use and modify the
software to which it applies (the "Work"), either as-is or in modified
form, for Your private purposes, while protecting the owners and
contributors to the software from liability.
This License also strives to protect the freedom and autonomy of third
parties who receive the Work from you. If any non-affiliated third
party receives any part, aspect, or element of the Work from You, this
License requires that You provide that third party all the permissions
and materials needed to independently use and modify the Work without
that third party having a loss of data or capability due to your
actions.
The full permissions, conditions, and other terms are laid out below.
## 2. Receiving a License
In order to receive this License, You must agree to its rules. The
rules of this License are both obligations of Your agreement with the
Licensor and conditions to your License. You must not do anything with
the Work that triggers a rule You cannot or will not follow.
### 2.1. Application
The terms of this License apply to the Work as you receive it from
Licensor, as well as to any modifications, elaborations, or
implementations created by You that contain any licensable portion of
the Work (a "Modified Work"). Unless specified, any reference to the
Work also applies to a Modified Work.
### 2.2. Offer and Acceptance
This License is automatically offered to every person and
organization. You show that you accept this License and agree to its
conditions by taking any action with the Work that, absent this
License, would infringe any intellectual property right held by
Licensor.
### 2.3. Compliance and Remedies
Any failure to act according to the terms and conditions of this
License places Your use of the Work outside the scope of the License
and infringes the intellectual property rights of the Licensor. In the
event of infringement, the terms and conditions of this License may be
enforced by Licensor under the intellectual property laws of any
jurisdiction to which You are subject. You also agree that either the
Licensor or a Recipient (as an intended third-party beneficiary) may
enforce the terms and conditions of this License against You via
specific performance.
## 3. Permissions
### 3.1. Permissions Granted
Conditioned on compliance with section 4, and subject to the
limitations of section 3.2, Licensor grants You the world-wide,
royalty-free, non-exclusive permission to:
+ a) Take any action with the Work that would infringe the non-patent
intellectual property laws of any jurisdiction to which You are
subject; and
+ b) claims that Licensor can license or becomes able to
license, to the extent that those claims are embodied in the Work as
distributed by Licensor. ### 3.2. Limitations on Permissions Granted
The following limitations apply to the permissions granted in section
3.1:
+ a) Licensor does not grant any patent license for claims that are
only infringed due to modification of the Work as provided by
Licensor, or the combination of the Work as provided by Licensor,
directly or indirectly, with any other component, including other
software or hardware.
+ b) Licensor does not grant any license to the trademarks, service
marks, or logos of Licensor, except to the extent necessary to comply
with the attribution conditions in section 4.1 of this License.
## 4. Conditions
If You exercise any permission granted by this License, such that the
Work, or any part, aspect, or element of the Work, is distributed,
communicated, made available, or made perceptible to a non-Affiliate
third party (a "Recipient"), either via physical delivery or via a
network connection to the Recipient, You must comply with the
following conditions:
### 4.1. Provide Access to Source Code
Subject to the exception in section 4.4, You must provide to each
Recipient a copy of, or no-charge unrestricted network access to, the
Source Code corresponding to the Work ("Access").
The "Source Code" of the Work means the form of the Work preferred for
making modifications, including any comments, configuration
information, documentation, help materials, installation instructions,
cryptographic seeds or keys, and any information reasonably necessary
for the Recipient to independently compile and use the Source Code and
to have full access to the functionality contained in the Work.
#### 4.1.1. Providing Network Access to the Source Code
Network Access to the Notices and Source Code may be provided by You
or by a third party, such as a public software repository, and must
persist during the same period in which You exercise any of the
permissions granted to You under this License and for at least one
year thereafter.
#### 4.1.2. Source Code for a Modified Work
Subject to the exception in section 4.5, You must provide to each
Recipient of a Modified Work Access to Source Code corresponding to
those portions of the Work remaining in the Modified Work as well as
the modifications used by You to create the Modified Work. The Source
Code corresponding to the modifications in the Modified Work must be
provided to the Recipient either a) under this License, or b) under a
Compatible Open Source License.
A “Compatible Open Source License” means a license accepted by the Open Source
Initiative that allows object code created using both Source Code provided under
this License and Source Code provided under the other open source license to be
distributed together as a single work.
#### 4.1.3. Coordinated Disclosure of Security Vulnerabilities
You may delay providing the Source Code corresponding to a particular
modification of the Work for up to ninety (90) days (the "Embargo
Period") if:
+ a) the modification is intended to address a newly-identified
vulnerability or a security flaw in the Work,
+ b) disclosure of the vulnerability or security flaw before the end
of the Embargo Period would put the data, identity, or autonomy of one
or more Recipients of the Work at significant risk,
+ c) You are participating in a coordinated disclosure of the
vulnerability or security flaw with one or more additional Licensees,
and
+ d) Access to the Source Code pertaining to the modification is
provided to all Recipients at the end of the Embargo Period.
### 4.2. Maintain User Autonomy
In addition to providing each Recipient the opportunity to have Access
to the Source Code, You cannot use the permissions given under this
License to interfere with a Recipient's ability to fully use an
independent copy of the Work generated from the Source Code You
provide with the Recipient's own User Data.
"User Data" means any data that is an input to or an output from the
Work, where the presence of the data is necessary for substantially
identical use of the Work in an equivalent context chosen by the
Recipient, and where the Recipient has an existing ownership interest,
an existing right to possess, or where the data has been generated by,
for, or has been assigned to the Recipient.
#### 4.2.1. No Withholding User Data
Throughout any period in which You exercise any of the permissions
granted to You under this License, You must also provide to any
Recipient to whom you provide services via the Work, a no-charge copy,
provided in a commonly used electronic form, of the Recipient's User
Data in your possession, to the extent that such User Data is
available to You for use in conjunction with the Work.
#### 4.2.2. No Technical Measures that Limit Access
You may not, by means of the use cryptographic methods applied to
anything provided to the Recipient, by possession or control of
cryptographic keys, seeds, hashes, by any other technological
protection measures, or by any other method, limit a Recipient's
ability to access any functionality present in Recipient's independent
copy of the Work, or to deny a Recipient full control of the
Recipient's User Data.
#### 4.2.3. No Legal or Contractual Measures that Limit Access
You may not contractually restrict a Recipient's ability to
independently exercise the permissions granted under this License. You
waive any legal power to forbid circumvention of technical protection
measures that include use of the Work, and You waive any claim that
the capabilities of the Work were limited or modified as a means of
enforcing the legal rights of third parties against Recipients.
### 4.3. Provide Notices and Attribution
You must retain all licensing, authorship, or attribution notices
contained in the Source Code (the "Notices"), and provide all such
Notices to each Recipient, together with a statement acknowledging the
use of the Work. Notices may be provided directly to a Recipient or
via an easy-to-find hyperlink to an Internet location also providing
Access to Source Code.
### 4.4. Scope of Conditions in this License
You are required to uphold the conditions of this License only
relative to those who are Recipients of the Work from You. Other than
providing Recipients with the applicable Notices, Access to Source
Code, and a copy of and full control of their User Data, nothing in
this License requires You to provide processing services to or engage
in network interactions with anyone.
### 4.5. Combined Work Exception
As an exception to condition that You provide Recipients Access to
Source Code, any Source Code files marked by the Licensor as having
the "Combined Work Exception," or any object code exclusively
resulting from Source Code files so marked, may be combined with other
Software into a "Larger Work." So long as you comply with the
requirements to provide Recipients the applicable Notices and Access
to the Source Code provided to You by Licensor, and you provide
Recipients access to their User Data and do not limit Recipient's
ability to independently work with their User Data, any other Software
in the Larger Work as well as the Larger Work as a whole may be
licensed under the terms of your choice.
## 5. Term and Termination
The term of this License begins when You receive the Work, and
continues until terminated for any of the reasons described herein, or
until all Licensor's intellectual property rights in the Software
expire, whichever comes first ("Term"). This License cannot be
revoked, only terminated for the reasons listed below.
### 5.1. Effect of Termination
If this License is terminated for any reason, all permissions granted
to You under Section 3 by any Licensor automatically terminate. You
will immediately cease exercising any permissions granted in this
License relative to the Work, including as part of any Modified Work.
### 5.2. Termination for Non-Compliance; Reinstatement
This License terminates automatically if You fail to comply with any
of the conditions in section 4. As a special exception to termination
for non-compliance, Your permissions for the Work under this License
will automatically be reinstated if You come into compliance with all
the conditions in section 2 within sixty (60) days of being notified
by Licensor or an intended third-party beneficiary of Your
noncompliance. You are eligible for reinstatement of permissions for
the Work one time only, and only for the sixty days immediately after
becoming aware of noncompliance. Loss of permissions granted for the
Work under this License due to either a) sustained noncompliance
lasting more than sixty days or b) subsequent termination for
noncompliance after reinstatement, is permanent, unless rights are
specifically restored by Licensor in writing.
### 5.3. Termination Due to Litigation
If You initiate litigation against Licensor, or any Recipient of the
Work, either direct or indirect, asserting that the Work directly or
indirectly infringes any patent, then all permissions granted to You
by this License shall terminate. In the event of termination due to
litigation, all permissions validly granted by You under this License,
directly or indirectly, shall survive termination. Administrative
review procedures, declaratory judgment actions, counterclaims in
response to patent litigation, and enforcement actions against former
Licensees terminated under this section do not cause termination due
to litigation.
## 6. Disclaimer of Warranty and Limit on Liability
As far as the law allows, the Work comes AS-IS, without any warranty
of any kind, and no Licensor or contributor will be liable to anyone
for any damages related to this software or this license, under any
kind of legal claim, or for any type of damages, including indirect,
special, incidental, or consequential damages of any type arising as a
result of this License or the use of the Work including, without
limitation, damages for loss of goodwill, work stoppage, computer
failure or malfunction, loss of profits, revenue, or any and all other
commercial damages or losses.
## 7. Other Provisions
### 7.1. Affiliates
An "Affiliate" means any other entity that, directly or indirectly
through one or more intermediaries, controls, is controlled by, or is
under common control with, the Licensee. Employees of a Licensee and
natural persons acting as contractors exclusively providing services
to Licensee are also Affiliates.
### 7.2. Choice of Jurisdiction and Governing Law
A Licensor may require that any action or suit by a Licensee relating
to a Work provided by Licensor under this License may be brought only
in the courts of a particular jurisdiction and under the laws of a
particular jurisdiction (excluding its conflict-of-law provisions), if
Licensor provides conspicuous notice of the particular jurisdiction to
all Licensees.
### 7.3. No Sublicensing
This License is not sublicensable. Each time You provide the Work or a
Modified Work to a Recipient, the Recipient automatically receives a
license under the terms described in this License. You may not impose
any further reservations, conditions, or other provisions on any
Recipients' exercise of the permissions granted herein.
### 7.4. Attorneys' Fees
In any action to enforce the terms of this License, or seeking damages
relating thereto, including by an intended third-party beneficiary,
the prevailing party shall be entitled to recover its costs and
expenses, including, without limitation, reasonable attorneys' fees
and costs incurred in connection with such action, including any
appeal of such action. A "prevailing party" is the party that
achieves, or avoids, compliance with this License, including through
settlement. This section shall survive the termination of this
License.
### 7.5. No Waiver
Any failure by Licensor to enforce any provision of this License will
not constitute a present or future waiver of such provision nor limit
Licensor's ability to enforce such provision at a later time.
### 7.6. Severability
If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Any invalid or unenforceable portion will be interpreted
to the effect and intent of the original portion. If such a
construction is not possible, the invalid or unenforceable portion
will be severed from this License but the rest of this License will
remain in full force and effect.
### 7.7. License for the Text of this License
The text of this license is released under the Creative Commons
Attribution-ShareAlike 4.0 International License, with the caveat that
any modifications of this license may not use the name "Cryptographic
Autonomy License" or any name confusingly similar thereto to describe
any derived work of this License.
# The Cryptographic Autonomy License, v. 1.0
*This Cryptographic Autonomy License (the "License") applies to any
Work whose owner has marked it with any of the following notices, or a
similar demonstration of intent:*
SPDX-License-Identifier: CAL-1.0
Licensed under the Cryptographic Autonomy License version 1.0
*or*
SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception
Licensed under the Cryptographic Autonomy License version 1.0, with
Combined Work Exception
______________________________________________________________________
## 1. Purpose
This License gives You unlimited permission to use and modify the
software to which it applies (the "Work"), either as-is or in modified
form, for Your private purposes, while protecting the owners and
contributors to the software from liability.
This License also strives to protect the freedom and autonomy of third
parties who receive the Work from you. If any non-affiliated third
party receives any part, aspect, or element of the Work from You, this
License requires that You provide that third party all the permissions
and materials needed to independently use and modify the Work without
that third party having a loss of data or capability due to your
actions.
The full permissions, conditions, and other terms are laid out below.
## 2. Receiving a License
In order to receive this License, You must agree to its rules. The
rules of this License are both obligations of Your agreement with the
Licensor and conditions to your License. You must not do anything with
the Work that triggers a rule You cannot or will not follow.
### 2.1. Application
The terms of this License apply to the Work as you receive it from
Licensor, as well as to any modifications, elaborations, or
implementations created by You that contain any licensable portion of
the Work (a "Modified Work"). Unless specified, any reference to the
Work also applies to a Modified Work.
### 2.2. Offer and Acceptance
This License is automatically offered to every person and
organization. You show that you accept this License and agree to its
conditions by taking any action with the Work that, absent this
License, would infringe any intellectual property right held by
Licensor.
### 2.3. Compliance and Remedies
Any failure to act according to the terms and conditions of this
License places Your use of the Work outside the scope of the License
and infringes the intellectual property rights of the Licensor. In the
event of infringement, the terms and conditions of this License may be
enforced by Licensor under the intellectual property laws of any
jurisdiction to which You are subject. You also agree that either the
Licensor or a Recipient (as an intended third-party beneficiary) may
enforce the terms and conditions of this License against You via
specific performance.
## 3. Permissions
### 3.1. Permissions Granted
Conditioned on compliance with section 4, and subject to the
limitations of section 3.2, Licensor grants You the world-wide,
royalty-free, non-exclusive permission to:
+ a) Take any action with the Work that would infringe the non-patent
intellectual property laws of any jurisdiction to which You are
subject; and
+ b) claims that Licensor can license or becomes able to
license, to the extent that those claims are embodied in the Work as
distributed by Licensor. ### 3.2. Limitations on Permissions Granted
The following limitations apply to the permissions granted in section
3.1:
+ a) Licensor does not grant any patent license for claims that are
only infringed due to modification of the Work as provided by
Licensor, or the combination of the Work as provided by Licensor,
directly or indirectly, with any other component, including other
software or hardware.
+ b) Licensor does not grant any license to the trademarks, service
marks, or logos of Licensor, except to the extent necessary to comply
with the attribution conditions in section 4.1 of this License.
## 4. Conditions
If You exercise any permission granted by this License, such that the
Work, or any part, aspect, or element of the Work, is distributed,
communicated, made available, or made perceptible to a non-Affiliate
third party (a "Recipient"), either via physical delivery or via a
network connection to the Recipient, You must comply with the
following conditions:
### 4.1. Provide Access to Source Code
Subject to the exception in section 4.4, You must provide to each
Recipient a copy of, or no-charge unrestricted network access to, the
Source Code corresponding to the Work ("Access").
The "Source Code" of the Work means the form of the Work preferred for
making modifications, including any comments, configuration
information, documentation, help materials, installation instructions,
cryptographic seeds or keys, and any information reasonably necessary
for the Recipient to independently compile and use the Source Code and
to have full access to the functionality contained in the Work.
#### 4.1.1. Providing Network Access to the Source Code
Network Access to the Notices and Source Code may be provided by You
or by a third party, such as a public software repository, and must
persist during the same period in which You exercise any of the
permissions granted to You under this License and for at least one
year thereafter.
#### 4.1.2. Source Code for a Modified Work
Subject to the exception in section 4.5, You must provide to each
Recipient of a Modified Work Access to Source Code corresponding to
those portions of the Work remaining in the Modified Work as well as
the modifications used by You to create the Modified Work. The Source
Code corresponding to the modifications in the Modified Work must be
provided to the Recipient either a) under this License, or b) under a
Compatible Open Source License.
A “Compatible Open Source License” means a license accepted by the Open Source
Initiative that allows object code created using both Source Code provided under
this License and Source Code provided under the other open source license to be
distributed together as a single work.
#### 4.1.3. Coordinated Disclosure of Security Vulnerabilities
You may delay providing the Source Code corresponding to a particular
modification of the Work for up to ninety (90) days (the "Embargo
Period") if:
+ a) the modification is intended to address a newly-identified
vulnerability or a security flaw in the Work,
+ b) disclosure of the vulnerability or security flaw before the end
of the Embargo Period would put the data, identity, or autonomy of one
or more Recipients of the Work at significant risk,
+ c) You are participating in a coordinated disclosure of the
vulnerability or security flaw with one or more additional Licensees,
and
+ d) Access to the Source Code pertaining to the modification is
provided to all Recipients at the end of the Embargo Period.
### 4.2. Maintain User Autonomy
In addition to providing each Recipient the opportunity to have Access
to the Source Code, You cannot use the permissions given under this
License to interfere with a Recipient's ability to fully use an
independent copy of the Work generated from the Source Code You
provide with the Recipient's own User Data.
"User Data" means any data that is an input to or an output from the
Work, where the presence of the data is necessary for substantially
identical use of the Work in an equivalent context chosen by the
Recipient, and where the Recipient has an existing ownership interest,
an existing right to possess, or where the data has been generated by,
for, or has been assigned to the Recipient.
#### 4.2.1. No Withholding User Data
Throughout any period in which You exercise any of the permissions
granted to You under this License, You must also provide to any
Recipient to whom you provide services via the Work, a no-charge copy,
provided in a commonly used electronic form, of the Recipient's User
Data in your possession, to the extent that such User Data is
available to You for use in conjunction with the Work.
#### 4.2.2. No Technical Measures that Limit Access
You may not, by means of the use cryptographic methods applied to
anything provided to the Recipient, by possession or control of
cryptographic keys, seeds, hashes, by any other technological
protection measures, or by any other method, limit a Recipient's
ability to access any functionality present in Recipient's independent
copy of the Work, or to deny a Recipient full control of the
Recipient's User Data.
#### 4.2.3. No Legal or Contractual Measures that Limit Access
You may not contractually restrict a Recipient's ability to
independently exercise the permissions granted under this License. You
waive any legal power to forbid circumvention of technical protection
measures that include use of the Work, and You waive any claim that
the capabilities of the Work were limited or modified as a means of
enforcing the legal rights of third parties against Recipients.
### 4.3. Provide Notices and Attribution
You must retain all licensing, authorship, or attribution notices
contained in the Source Code (the "Notices"), and provide all such
Notices to each Recipient, together with a statement acknowledging the
use of the Work. Notices may be provided directly to a Recipient or
via an easy-to-find hyperlink to an Internet location also providing
Access to Source Code.
### 4.4. Scope of Conditions in this License
You are required to uphold the conditions of this License only
relative to those who are Recipients of the Work from You. Other than
providing Recipients with the applicable Notices, Access to Source
Code, and a copy of and full control of their User Data, nothing in
this License requires You to provide processing services to or engage
in network interactions with anyone.
### 4.5. Combined Work Exception
As an exception to condition that You provide Recipients Access to
Source Code, any Source Code files marked by the Licensor as having
the "Combined Work Exception," or any object code exclusively
resulting from Source Code files so marked, may be combined with other
Software into a "Larger Work." So long as you comply with the
requirements to provide Recipients the applicable Notices and Access
to the Source Code provided to You by Licensor, and you provide
Recipients access to their User Data and do not limit Recipient's
ability to independently work with their User Data, any other Software
in the Larger Work as well as the Larger Work as a whole may be
licensed under the terms of your choice.
## 5. Term and Termination
The term of this License begins when You receive the Work, and
continues until terminated for any of the reasons described herein, or
until all Licensor's intellectual property rights in the Software
expire, whichever comes first ("Term"). This License cannot be
revoked, only terminated for the reasons listed below.
### 5.1. Effect of Termination
If this License is terminated for any reason, all permissions granted
to You under Section 3 by any Licensor automatically terminate. You
will immediately cease exercising any permissions granted in this
License relative to the Work, including as part of any Modified Work.
### 5.2. Termination for Non-Compliance; Reinstatement
This License terminates automatically if You fail to comply with any
of the conditions in section 4. As a special exception to termination
for non-compliance, Your permissions for the Work under this License
will automatically be reinstated if You come into compliance with all
the conditions in section 2 within sixty (60) days of being notified
by Licensor or an intended third-party beneficiary of Your
noncompliance. You are eligible for reinstatement of permissions for
the Work one time only, and only for the sixty days immediately after
becoming aware of noncompliance. Loss of permissions granted for the
Work under this License due to either a) sustained noncompliance
lasting more than sixty days or b) subsequent termination for
noncompliance after reinstatement, is permanent, unless rights are
specifically restored by Licensor in writing.
### 5.3. Termination Due to Litigation
If You initiate litigation against Licensor, or any Recipient of the
Work, either direct or indirect, asserting that the Work directly or
indirectly infringes any patent, then all permissions granted to You
by this License shall terminate. In the event of termination due to
litigation, all permissions validly granted by You under this License,
directly or indirectly, shall survive termination. Administrative
review procedures, declaratory judgment actions, counterclaims in
response to patent litigation, and enforcement actions against former
Licensees terminated under this section do not cause termination due
to litigation.
## 6. Disclaimer of Warranty and Limit on Liability
As far as the law allows, the Work comes AS-IS, without any warranty
of any kind, and no Licensor or contributor will be liable to anyone
for any damages related to this software or this license, under any
kind of legal claim, or for any type of damages, including indirect,
special, incidental, or consequential damages of any type arising as a
result of this License or the use of the Work including, without
limitation, damages for loss of goodwill, work stoppage, computer
failure or malfunction, loss of profits, revenue, or any and all other
commercial damages or losses.
## 7. Other Provisions
### 7.1. Affiliates
An "Affiliate" means any other entity that, directly or indirectly
through one or more intermediaries, controls, is controlled by, or is
under common control with, the Licensee. Employees of a Licensee and
natural persons acting as contractors exclusively providing services
to Licensee are also Affiliates.
### 7.2. Choice of Jurisdiction and Governing Law
A Licensor may require that any action or suit by a Licensee relating
to a Work provided by Licensor under this License may be brought only
in the courts of a particular jurisdiction and under the laws of a
particular jurisdiction (excluding its conflict-of-law provisions), if
Licensor provides conspicuous notice of the particular jurisdiction to
all Licensees.
### 7.3. No Sublicensing
This License is not sublicensable. Each time You provide the Work or a
Modified Work to a Recipient, the Recipient automatically receives a
license under the terms described in this License. You may not impose
any further reservations, conditions, or other provisions on any
Recipients' exercise of the permissions granted herein.
### 7.4. Attorneys' Fees
In any action to enforce the terms of this License, or seeking damages
relating thereto, including by an intended third-party beneficiary,
the prevailing party shall be entitled to recover its costs and
expenses, including, without limitation, reasonable attorneys' fees
and costs incurred in connection with such action, including any
appeal of such action. A "prevailing party" is the party that
achieves, or avoids, compliance with this License, including through
settlement. This section shall survive the termination of this
License.
### 7.5. No Waiver
Any failure by Licensor to enforce any provision of this License will
not constitute a present or future waiver of such provision nor limit
Licensor's ability to enforce such provision at a later time.
### 7.6. Severability
If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Any invalid or unenforceable portion will be interpreted
to the effect and intent of the original portion. If such a
construction is not possible, the invalid or unenforceable portion
will be severed from this License but the rest of this License will
remain in full force and effect.
### 7.7. License for the Text of this License
The text of this license is released under the Creative Commons
Attribution-ShareAlike 4.0 International License, with the caveat that
any modifications of this license may not use the name "Cryptographic
Autonomy License" or any name confusingly similar thereto to describe
any derived work of this License.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
Redistributions of source code and documentation must retain the above
copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed or owned by Caldera
International, Inc.
Neither the name of Caldera International, Inc. nor the names of other
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
USE OF THE SOFTWARE PROVIDED FOR UNDER THIS LICENSE BY CALDERA
INTERNATIONAL, INC. AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL CALDERA INTERNATIONAL, INC. BE LIABLE FOR ANY DIRECT,
INDIRECT INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Caldera International, Inc. hereby grants a fee free license that includes the
rights use, modify and distribute this named source code, including creating
derived binary products created from the source code. The source code for which
Caldera International, Inc. grants rights are limited to the following UNIX
Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of
the 32-Bit UNIX Operating System, with specific exclusion of UNIX System III and
UNIX System V and successor operating systems:
32-bit 32V UNIX
16 bit UNIX Versions 1, 2, 3, 4, 5, 6, 7
Caldera International, Inc. makes no guarantees or commitments that any source
code is available from Caldera International, Inc.
The following copyright notice applies to the source code files for which this
license is granted.
Copyright(C) Caldera International Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
Redistributions of source code and documentation must retain the above copyright
notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
All advertising materials mentioning features or use of this software must
display the following acknowledgement: This product includes software developed
or owned by Caldera International, Inc.
Neither the name of Caldera International, Inc. nor the names of other
contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
USE OF THE SOFTWARE PROVIDED FOR UNDER THIS LICENSE BY CALDERA INTERNATIONAL,
INC. AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL CALDERA
INTERNATIONAL, INC. BE LIABLE FOR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Camunda License 1.0
The Camunda License (the “License”) sets forth the terms and conditions
under which Camunda Services GmbH ("the Licensor") grants You a license
solely to the source code in this repository ("the Software").
Acceptance
By Using the Software, You agree to all the terms and conditions below.
If Your Use of the Software does not comply with the terms and conditions
described in this License, You must purchase a commercial license from the
Licensor, its affiliated entities, or authorized resellers, or You must
refrain from Using the Software. If You receive the Software in original or
modified form from a third party, the terms and conditions outlined in this
License apply to Your Use of that Software. You should have received a copy
of this License in this case.
Copyright License
Subject to the terms and conditions of this License, the Licensor hereby grants
You the non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable
right to Use the Software in any way or manner that would otherwise infringe the
Licensor’s copyright as long and insofar as You Use the Software only and limited
to the Use in or for the purpose of Using the Software in Non-Production Environment.
Each time you distribute or make otherwise publicly available the Software or
Derivative Works thereof, the recipient automatically receives a license from
the original Licensor to the respective Software or Derivative Works thereof
under the terms of this License.
Conditions and Restrictions
All Use of the Software is explicitly made subject to the following conditions:
* You may not move, change, disable, or circumvent the license key functionality
in the Software, and You may not remove or obscure any functionality in the
Software that is protected by the license key.
* If You distribute or make available the Software or any modification or Derivative
Works thereof (including compiled versions), You must conspicuously display and
attach this License on each original or modified copy of the Software and enable
the recipient to obtain the source code if You have distributed a compiled version
Patent License
Patent and trademark rights are not licensed under this Public License.
No Liability
EXCEPT FOR DAMAGES CAUSED BY INTENT OR FRAUDULENTLY CONCEALED DEFECTS, AND EXCEPT FOR
DAMAGES RESULTING FROM BREACH OF ANY WARRANTY OR GUARANTEE EXPRESSLY GIVEN BY LICENSOR
IN THIS LICENCE, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK. ANY MANDATORY STATUTORY
LIABILITY UNDER APPLICABLE LAW REMAINS UNAFFECTED.
No Warranty
EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR REQUIRED BY APPLICABLE LAW, THE WORKS ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES REGARDING THE CONTENTS, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Definitions
You refer to the individual or entity agreeing to these terms.
Use means any action concerning the Software that, without permission, would make Youliable
for infringement under applicable copyright law. Use within the meaning of this License
includes, but is not limited to, copying, distribution (with or without modification),
making available to the public, and modifying the Software.
Non-Production Environment means a setting in which the Software is used for development, staging,
testing, quality assurance, demonstration, or evaluation purposes, and not for any live or
production systems.
Open Government Licence - Canada
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
Use of any Information indicates your acceptance of the terms below.
The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below.
You are free to:
Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence.
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several information providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – Canada.
The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically.
Exemptions
This licence does not grant you any right to use:
Personal Information;
third party rights the Information Provider is not authorized to license;
the names, crests, logos, or other official symbols of the Information Provider; and
Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
No Warranty
The Information is licensed "as is", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the province of Ontario and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought in the courts of Ontario or the Federal Court of Canada.
Definitions
In this licence, the terms below have the following meanings:
"Information"
means information resources protected by copyright or other information that is offered for use under the terms of this licence.
"Information Provider"
means Her Majesty the Queen in right of Canada.
"Personal Information"
means "personal information" as defined in section 3 of the Privacy Act, R.S.C. 1985, c. P-21.
"You"
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
Versioning
This is version 2.0 of the Open Government Licence – Canada. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information.
Open Government Licence - Alberta
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
Use of any Information indicates your acceptance of the terms below.
The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below.
You are free to:
Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence.
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several Information Providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – Alberta.
The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically.
Exemptions
This licence does not grant you any right to use:
Personal Information;
Information or Records that are not accessible under applicable laws;
third party rights the Information Provider is not authorized to license;
the names, crests, logos, or other official symbols of the Information Provider; and
Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
No warranty
The Information is licensed "as is", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the province of Alberta and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought in the courts of Alberta.
Definitions
In this licence, the terms below have the following meanings:
"Information"
means information resources or Records protected by copyright or other information or Records that are offered for use under the terms of this licence.
"Information Provider"
means Her Majesty the Queen in right of Alberta, and agencies, boards, commissions or provincial corporations of Her Majesty.
"Personal Information"
has the meaning set out in section 1(n) of the Freedom of Information and Protection of Privacy Act (Alberta)
"Records"
has the meaning set out in section 1(q) of the Freedom of Information and Protection of Privacy Act (Alberta)
"You"
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
Versioning
This is version 2.1 of the Open Government Licence – Alberta. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information.
Open Government Licence - British Columbia
Note: as per B.C. Government Copyright, the following licence only applies to records in the B.C. Data Catalogue that specify it.
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
Use of any Information indicates your acceptance of the terms below.
The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below.
You are free to:
Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence.
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several Information Providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – British Columbia.
The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically.
Exemptions
This licence does not grant you any right to use:
Personal Information;
Information or Records not accessible under the Freedom of Information and Protection of Privacy Act (B.C.);
third party rights the Information Provider is not authorized to licence;
the names, crests, logos, or other official marks of the Information Provider; and
Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
No warranty
The Information is licensed "as is", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the province of British Columbia and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought in the courts of British Columbia.
Definitions
In this licence, the terms below have the following meanings:
"Information"
means information resources or Records protected by copyright or other information or Records that is are offered for use under the terms of this licence.
"Information Provider"
means Her Majesty the Queen in right of the Province of British Columbia.
"Personal Information"
has the meaning set out in Schedule 1 of the Freedom of Information and Protection of Privacy Act (B.C.).
"Records"
has the meaning set out in section 29 of the Interpretation Act (B.C.).
"You"
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
Versioning
This is version 2.0 of the Open Government Licence for Government of British Columbia Information. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the Information.
Open Government Licence – Nova Scotia
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
Use of any Information indicates your acceptance of the terms below.
The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below.
You are free to:
Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence.
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several information providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – Nova Scotia
The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically.
Exemptions
This licence does not grant you any right to use:
Personal Information;
Information or Records not accessible under the Freedom of Information and Protection of Privacy Act (Nova Scotia) or any other applicable laws;
third party rights the Information Provider is not authorized to license;
the names, crests, logos, or other official symbols of the Information Provider; and
Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
No Warranty
The Information is licensed "as is", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the Province of Nova Scotia and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought in the courts of Nova Scotia.
Definitions
In this licence, the terms below have the following meanings:
"Information"
means information resources or Records protected by copyright or other information or Records that are offered for use under the terms of this licence.
"Information Provider"
means Her Majesty the Queen in right of Province of Nova Scotia.
"Personal Information"
means "personal information" as defined in section 3(1) of the Freedom of Information and Protection of Privacy Act (Nova Scotia).
"Records"
has the meaning of "record" set out in the Government Records Act (Nova Scotia).
"You"
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
Versioning
This is version 1.0 of the Open Government Licence – Nova Scotia. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information.
Open Government Licence – Ontario
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
Use of any Information indicates your acceptance of the terms below.
The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below.
You are free to:
Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
Acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence.
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several Information Providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – Ontario.
The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically.
Exemptions
This licence does not grant you any right to use:
Personal Information;
Information or Records not accessible under the Freedom of Information and Protection of Privacy Act (Ontario);
third party rights the Information Provider is not authorized to license;
the names, crests, logos, or other official symbols of the Information Provider; and
Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
No warranty
The Information is licensed "as is", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the Province of Ontario and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought in the courts of Ontario.
Definitions
"Information"
means information resources or Records protected by copyright or other information or Records that are offered for use under the terms of this licence.
"Information Provider"
means Her Majesty the Queen in right of Ontario.
"Personal Information"
has the meaning set out in section 2(1) of Freedom of Information and Protection of Privacy Act (Ontario).
"Records"
has the meaning of "record" as set out in the Freedom of Information and Protection of Privacy Act (Ontario).
"You"
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
In this licence, the terms below have the following meanings:
Versioning
This is version 1.0 of the Open Government Licence – Ontario. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information.
Updated: September 6, 2018
Published: June 18, 2013
Open Government Licence – Toronto
This licence is based on version 1.0 of the Open Government Licence – Ontario, which was developed through public consultation and a collaborative effort by the provincial and federal government. The only substantive changes in this licence are to replace direct references to the Province of Ontario with the City of Toronto and the inclusion of a provision for the Ontario Personal Health Information Protection Act, 2004.
You are encouraged to use the Information that is available under this licence with only a few conditions.
Using Information under this licence
Use of any Information indicates your acceptance of the terms below.
The Information Provider grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information, including for commercial purposes, subject to the terms below.
You are free to:
Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.
You must, where you do any of the above:
Acknowledge the source of the Information by including any attribution statement specified by the Information Provider and, where possible, provide a link to this licence.
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several information providers and multiple attributions are not practical for your product or application, you must use the following attribution statement:
Contains information licensed under the Open Government Licence – Toronto.
The terms of this licence are important, and if you fail to comply with any of them, the rights granted to you under this licence, or any similar licence granted by the Information Provider, will end automatically.
Exemptions
This licence does not grant you any right to use:
Personal Information;
Information not accessible under the Ontario Municipal Freedom of Information and Protection of Privacy Act or the Ontario Personal Health Information Protection Act, 2004;
Third party rights the Information Provider is not authorized to licence;
The names, crests, logos, or other official symbols of the Information Provider; and
Information subject to other intellectual property rights, including patents, trade-marks and official marks.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
No Warranty
The Information is licensed "as is", and the Information Provider excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with this licence or the Information, even if specifically advised of the possibility of such loss, injury or damage.
Governing Law
This licence is governed by the laws of the province of Ontario and the applicable laws of Canada.
Legal proceedings related to this licence may only be brought against the Information Provider in the courts of the Province of Ontario.
Definitions
In this licence, the terms below have the following meanings:
"Information"
means information resources or Records protected by copyright or other information resources or Records that are offered for use under the terms of this licence.
"Information Provider"
means the City of Toronto.
"Personal Information"
means "personal information" as defined in subsection 2(1) of the Ontario Municipal Freedom of Information and Protection of Privacy Act.
"Records"
means "Records" as defined in subsection 2(1) of the Ontario Municipal Freedom of Information and Protection of Privacy Act.
"You"
means the natural or legal person or body of persons corporate or incorporate, acquiring rights under this licence.
Versioning
This is version 1.0 of the Open Government Licence – Toronto. The Information Provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Your use of the Information will be governed by the terms of the licence in force as of the date you accessed the information.
Canonical Entity Contributor License Agreement
1. Definitions
“You” means any Legal Entity on behalf of whom a Contribution has been received by Us. “Legal Entity” means an entity which is not a natural person. “Affiliates” means other Legal Entities that control, are controlled by, or under common control with that Legal Entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such Legal Entity, whether by contract or otherwise, (ii) ownership of fifty percent (50%) or more of the outstanding shares or securities which vote to elect the management or other persons who direct such Legal Entity or (iii) beneficial ownership of such entity.
“Contribution” means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, please follow the instructions in www.canonical.com/contributors.
“Copyright” means all rights protecting works of authorship owned or controlled by You or Your Affiliates, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You.
“Material” means the work of authorship which is made available by Us to third parties. When this Agreement covers more than one software project, the Material means the
work of authorship to which the Contribution was Submitted. After You Submit the Contribution, it may be included in the Material.
“Submit” means any form of electronic, verbal, or written communication sent to Us or our representatives, including but not limited to electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Us for the purpose of discussing and improving the Material, but excluding communication that is conspicuously marked or otherwise designated in writing by You as “Not a Contribution.”
“Submission Date” means the date on which You Submit a Contribution to Us.
“Effective Date” means the date You execute this Agreement or the date You first Submit a Contribution to Us, whichever is earlier.
“Media” means any portion of a Contribution which is not software.
2. Grant of Rights
2.1 Copyright License
(a) You retain ownership of the Copyright in Your Contribution and have the same rights to use or license the Contribution which You would have had without entering into the Agreement.
(b) To the maximum extent permitted by the relevant law, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable license under the Copyright covering the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to reproduce, modify, display, perform and distribute the Contribution as part of the Material; provided that this license is conditioned upon compliance with Section 2.3.
2.2 Patent License
For patent claims including, without limitation, method, process, and apparatus claims which You or Your Affiliates own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). This license is granted only to the extent that the exercise of the licensed rights infringes such patent claims; and provided that this license is conditioned upon compliance with Section 2.3.
2.3 Outbound License
Based on the grant of rights in Sections 2.1 and 2.2, if We include Your Contribution in a Material, We may license the Contribution under any license, including copyleft, permissive, commercial, or proprietary licenses. As a condition on the exercise of this right, We agree to also license the Contribution under the terms of the license or licenses which We are using for the Material on the Submission Date.
2.4 Moral Rights.
If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
2.5 Our Rights.
You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
2.6 Reservation of Rights.
Any rights not expressly licensed under this section are expressly reserved by You.
3. Agreement You confirm that:
(a) You have the legal authority to enter into this Agreement.
(b) You or Your Affiliates own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2.
(c) The grant of rights under Section 2 does not violate any grant of rights which You or Your Affiliates have made to third parties.
(d) You have followed the instructions in www.canonical.com/contributors, if You do not own the Copyright in the entire work of authorship Submitted.
4. Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
5. Consequential Damage Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
6. Miscellaneous
6.1 This Agreement will be governed by and construed in accordance with the laws of England excluding its conflicts of law provisions. Under certain circumstances, the governing law in this section might be superseded by the United Nations Convention on Contracts for the International Sale of Goods (“UN Convention”) and the parties intend to avoid the application of the UN Convention to this Agreement and, thus, exclude the application of the UN Convention in its entirety to this Agreement.
6.2 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
6.3 If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of
the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.
6.4 The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety.
6.5 If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and which is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.
Canonical Individual Contributor License Agreement
1. Definitions
“You” means the individual who Submits a Contribution to Us.
“Contribution” means any work of authorship that is Submitted by You to Us in which You own or assert ownership of the Copyright. If You do not own the Copyright in the entire work of authorship, please follow the instructions in www.canonical.com/contributors.
“Copyright” means all rights protecting works of authorship owned or controlled by You, including copyright, moral and neighboring rights, as appropriate, for the full term of their existence including any extensions by You.
“Material” means the work of authorship which is made available by Us to third parties. When this Agreement covers more than one software project, the Material means the work of authorship to which the Contribution was Submitted. After You Submit the Contribution, it may be included in the Material.
“Submit” means any form of electronic, verbal, or written communication sent to Us or our representatives, including but not limited to electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Us for the purpose of discussing and improving the Material, but excluding
communication that is conspicuously marked or otherwise designated in writing by You as “Not a Contribution.”
“Submission Date” means the date on which You Submit a Contribution to Us.
“Effective Date” means the date You execute this Agreement or the date You first Submit a Contribution to Us, whichever is earlier.
“Media” means any portion of a Contribution which is not software.
2. Grant of Rights
2.1 Copyright License
(a) You retain ownership of the Copyright in Your Contribution and have the same rights to use or license the Contribution which You would have had without entering into the Agreement.
(b) To the maximum extent permitted by the relevant law, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable license under the Copyright covering the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to reproduce, modify, display, perform and distribute the Contribution as part of the Material; provided that this license is conditioned upon compliance with Section 2.3.
2.2 Patent License
For patent claims including, without limitation, method, process, and apparatus claims which You own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty- free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). This license is granted only to the extent that the exercise of the licensed rights infringes such patent claims; and provided that this license is conditioned upon compliance with Section 2.3.
2.3 Outbound License
Based on the grant of rights in Sections 2.1 and 2.2, if We include Your Contribution in a Material, We may license the Contribution under any license, including copyleft, permissive, commercial, or proprietary licenses. As a condition on the exercise of this right, We agree to also license the Contribution under the terms of the license or licenses which We are using for the Material on the Submission Date.
2.4 Moral Rights.
If moral rights apply to the Contribution, to the maximum extent permitted by law, You waive and agree not to assert such moral rights against Us or our successors in interest, or any of our licensees, either direct or indirect.
2.5 Our Rights.
You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
2.6 Reservation of Rights.
Any rights not expressly licensed under this section are expressly reserved by You.
3. Agreement
You confirm that:
(a) You have the legal authority to enter into this Agreement.
(b) You own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section 2.
(c) The grant of rights under Section 2 does not violate any grant of rights which You have made to third parties, including Your employer. If You are an employee, You have had Your employer approve this Agreement or sign the Entity version of this document. If You are less than eighteen years old, please have Your parents or guardian sign the Agreement.
(d) You have followed the instructions in www.canonical.com/contributors, if You do not own the Copyright in the entire work of authorship Submitted.
4. Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 3, THE CONTRIBUTION IS PROVIDED "AS IS". MORE PARTICULARLY, ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY YOU TO US. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW.
5. Consequential Damage Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
6. Miscellaneous
6.1 This Agreement will be governed by and construed in accordance with the laws of England excluding its conflicts of law provisions. Under certain circumstances, the governing law in this section might be superseded by the United Nations Convention on Contracts for the International Sale of Goods (“UN Convention”) and the parties intend to avoid the application of the UN Convention to this Agreement and, thus, exclude the application of the UN Convention in its entirety to this Agreement.
6.2 This Agreement sets out the entire agreement between You and Us for Your Contributions to Us and overrides all other agreements or understandings.
6.3 If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of
the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.
6.4 The failure of either party to require performance by the other party of any provision of this Agreement in one situation shall not affect the right of a party to require such performance at any time in the future. A waiver of performance under a provision in one situation shall not be considered a waiver of the performance of the provision in the future or a waiver of the provision in its entirety.
6.5 If any provision of this Agreement is found void and unenforceable, such provision will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision and which is enforceable. The terms and conditions set forth in this Agreement shall apply notwithstanding any failure of essential purpose of this Agreement or any limited remedy to the maximum extent possible under law.
15 July 2015 Intellectual property rights policy
Welcome to Canonical’s IPRights Policy. This policy is published by Canonical Limited (Canonical, we, us and our) under the Creative Commons CC-BY-SA version 3.0 UK licence.
Canonical owns and manages certain intellectual property rights in Ubuntu and other associated intellectual property (Canonical IP) and licences the use of these rights to enterprises, individuals and members of the Ubuntu community in accordance with this IPRights Policy.
Your use of Canonical IP is subject to:
Your acceptance of this IPRights Policy;
Your acknowledgement that Canonical IP is the exclusive property of Canonical and can only be used with Canonical’s permission (which can be revoked at any time); and
You taking all reasonable steps to ensure that Canonical IP is used in a manner that does not affect either the validity of such Canonical IP or Canonical’s ownership of Canonical IP in any way; and that you will transfer any goodwill you derive from them to Canonical, if requested.
Ubuntu is a trusted open source platform. To maintain that trust we need to manage the use of Ubuntu and the components within it very carefully. This way, when people use Ubuntu, or anything bearing the Ubuntu brand, they can be assured that it will meet the standards they expect. Your continued use of Canonical IP implies your acceptance and acknowledgement of this IPRights Policy.
Older versions
14 May 2013 › https://ubuntu.com/legal/intellectual-property-policy/2013-05-14
Registered office
5 New Street Square, London EC4A 3TW
1. Summary
You can download, install and receive updates to Ubuntu for free.
You can modify Ubuntu for personal or internal commercial use.
You can redistribute Ubuntu, but only where there has been no modification to it.
You can use our copyright, patent and design materials in accordance with this IPRights Policy.
You can be confident and can trust in the consistency of the Ubuntu experience.
You can rely on the standard expected of Ubuntu.
Ubuntu is an aggregate work; this policy does not modify or reduce rights granted under licences which apply to specific works in Ubuntu.
2. Relationship to other licences
Ubuntu is an aggregate work of many works, each covered by their own licence(s). For the purposes of determining what you can do with specific works in Ubuntu, this policy should be read together with the licence(s) of the relevant packages. For the avoidance of doubt, where any other licence grants rights, this policy does not modify or reduce those rights under those licences.
3. Your use of Ubuntu
You can download, install and receive updates to Ubuntu for free.
Ubuntu is freely available to all users for personal, or in the case of organisations, internal use. It is provided for this use without warranty. All implied warranties are disclaimed to the fullest extent permitted at law.
You can modify Ubuntu for personal or internal use
You can make changes to Ubuntu for your own personal use or for your organisation’s own internal use.
You can redistribute Ubuntu, but only where there has been no modification to it.
You can redistribute Ubuntu in its unmodified form, complete with the installer images and packages provided by Canonical (this includes the publication or launch of virtual machine images).
Any redistribution of modified versions of Ubuntu must be approved, certified or provided by Canonical if you are going to associate it with the Trademarks. Otherwise you must remove and replace the Trademarks and will need to recompile the source code to create your own binaries. This does not affect your rights under any open source licence applicable to any of the components of Ubuntu. If you need us to approve, certify or provide modified versions for redistribution you will require a licence agreement from Canonical, for which you may be required to pay. For further information, please contact us (as set out below).
We do not recommend using modified versions of Ubuntu which are not modified in accordance with this IPRights Policy. Modified versions may be corrupted and users of such modified systems or images may find them to be inconsistent with the updates published by Canonical to its users. If they use the Trademarks, they are in contravention of this IPRights Policy. Canonical cannot guarantee the performance of such modified versions. Canonical’s updates will be consistent with every version of Ubuntu approved, certified or provided by Canonical.
4. Your use of our trademarks
Canonical’s Trademarks (registered in word and logo form) include:
UBUNTU
KUBUNTU
EDUBUNTU
XUBUNTU
JUJU
LANDSCAPE
You can use the Trademarks, in accordance with Canonical’s brand guidelines, with Canonical’s permission in writing. If you require a Trademark licence, please contact us (as set out below).
You will require Canonical’s permission to use: (i) any mark ending with the letters UBUNTU or BUNTU which is sufficiently similar to the Trademarks or any other confusingly similar mark, and (ii) any Trademark in a domain name or URL or for merchandising purposes.
You cannot use the Trademarks in software titles. If you are producing software for use with or on Ubuntu you may reference Ubuntu, but must avoid: (i) any implication of endorsement, or (ii) any attempt to unfairly or confusingly capitalise on the goodwill of Canonical or Ubuntu.
You can use the Trademarks in discussion, commentary, criticism or parody, provided that you do not imply endorsement by Canonical.
You can write articles, create websites, blogs or talk about Ubuntu, provided that it is clear that you are in no way speaking for or on behalf of Canonical and that you do not imply endorsement by Canonical.
Canonical reserves the right to review all use of Canonical’s Trademarks and to object to any use that appears outside of this IPRights Policy.
5. Your use of our copyright, patent and design materials
You can only use Canonical’s copyright materials in accordance with the copyright licences therein and this IPRights Policy.
You cannot use Canonical’s patented materials without our permission.
Copyright
The disk, CD, installer and system images, together with Ubuntu packages and binary files, are in many cases copyright of Canonical (which copyright may be distinct from the copyright in the individual components therein) and can only be used in accordance with the copyright licences therein and this IPRights Policy.
Patents
Canonical has made a significant investment in the Open Invention Network, defending Linux, for the benefit of the open source ecosystem. Additionally, like many open source projects, Canonical also protects its interests from third parties by registering patents. You cannot use Canonical’s patented materials without our permission.
Trade dress and look and feel
Canonical owns intellectual property rights in the trade dress and look and feel of Ubuntu (including the Unity interface), along with various themes and components that may include unregistered design rights, registered design rights and design patents, your use of Ubuntu is subject to these rights.
6. Logo use guidelines
Canonical’s logos are presented in multiple colours and it is important that their visual integrity be maintained. It is therefore preferable that the logos should only be used in their standard form, but if you should feel the need to alter them in any way, you should following the guidelines set out below.
Ubuntu logo guidelines
Canonical logo guidelines
7. Use of Canonical IP by the Ubuntu community
Ubuntu is built by Canonical and the Ubuntu community. We share access rights owned by Canonical with the Ubuntu community for the purposes of discussion, development and advocacy. We recognise that most of the open source discussion and development areas are for non-commercial purposes and we therefore allow the use of Canonical IP in this context, as long as there is no commercial use and that the Canonical IP is used in accordance with this IPRights Policy.
8. Contact us
Please contact us:
if you have any questions or would like further information on our IPRights Policy, Canonical or Canonical IP;
if you would like permission from Canonical to use Canonical IP;
if you require a licence agreement; or
to report a breach of our IPRights Policy.
Please note that due to the volume of mail we receive, it may take up to a week to process your request.
9. Changes
We may make changes to this IPRights Policy from time to time. Please check this IPRights Policy from time to time to ensure that you are in compliance.
Terms of Use
LICENSE
The MITRE Corporation (MITRE) hereby grants you a non-exclusive, royalty-free license to use Common Attack Pattern Enumeration and Classification (CAPEC™) for research, development, and commercial purposes. Any copy you make for such purposes is authorized provided that you reproduce MITRE’s copyright designation and this license in any such copy.
DISCLAIMERS
ALL DOCUMENTS AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS OR IS SPONSORED BY (IF ANY), THE MITRE CORPORATION, ITS BOARD OF TRUSTEES, OFFICERS, AGENTS, AND EMPLOYEES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION THEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Software License, Version 1.0
Copyright 2002-2003, Trustees of Indiana University.
Copyright 2000-2001, University of Notre Dame.
All rights reserved.
Indiana University has the exclusive rights to license this product under the
following license.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* All redistributions of source code must retain the above copyright notice,
the list of authors in the original source code, this list of conditions
and the disclaimer listed in this license;
* All redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the disclaimer listed in this license
in the documentation and/or other materials provided with the distribution;
* Any documentation included with all redistributions must include the
following acknowledgement:
"This product includes software developed at the University of Notre Dame
and the Pervasive Technology Labs at Indiana University. For technical
information contact Andrew Lumsdaine at the Pervasive Technology Labs at
Indiana University. For administrative and license questions contact the
Advanced Research and Technology Institute at 351 West 10th Street.
Indianapolis, Indiana 46202, phone 317-278-4100, fax 317-274-5902."
Alternatively, this acknowledgement may appear in the software itself, and
wherever such third-party acknowledgments normally appear.
* The name Indiana University, the University of Notre Dame or "Caramel"
shall not be used to endorse or promote products derived from this software
without prior written permission from Indiana University. For written
permission, please contact Indiana University Advanced Research &
Technology Institute.
* Products derived from this software may not be called "Caramel", nor may
Indiana University, the University of Notre Dame or "Caramel" appear in
their name, without prior written permission of Indiana University Advanced
Research & Technology Institute.
Indiana University provides no reassurances that the source code provided does
not infringe the patent or any other intellectual property rights of any other
entity. Indiana University disclaims any liability to any recipient for claims
brought by any other entity based on infringement of intellectual property
rights or otherwise.
LICENSEE UNDERSTANDS THAT SOFTWARE IS PROVIDED "AS IS" FOR WHICH NO WARRANTIES
AS TO CAPABILITIES OR ACCURACY ARE MADE. INDIANA UNIVERSITY GIVES NO WARRANTIES
AND MAKES NO REPRESENTATION THAT SOFTWARE IS FREE OF INFRINGEMENT OF THIRD
PARTY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS. INDIANA UNIVERSITY MAKES
NO WARRANTIES THAT SOFTWARE IS FREE FROM "BUGS", "VIRUSES", "TROJAN HORSES",
"TRAP DOORS", "WORMS", OR OTHER HARMFUL CODE. LICENSEE ASSUMES THE ENTIRE RISK
AS TO THE PERFORMANCE OF SOFTWARE AND/OR ASSOCIATED MATERIALS, AND TO THE
PERFORMANCE AND VALIDITY OF INFORMATION GENERATED USING SOFTWARE.
CAREWARE LICENSE
This script is released as "CAREWARE", it may be freely distributed, used,
modified and whatever, provided that the user, at least once per use, performs
ANY of the following
1 - Smiles at somebody/something
2 - Hugs or pats on the shoulder a friend/colleague/pet/furry little creature from Alpha Centauri
3 - Acts nicely towards a friend/foreigner/alien/any other living being
4 - Kisses his/her girlfriend/wife/boyfriend/husband/any other living being (de gustibus...)
5 - Feels happy even without apparent reason
6 - Stops whining for an hour, a day, a week, your choice
Important Note: if you don't like this idea, just ignore it -- you can have this anyway.
That's one way to distinguish the world of ideas from the rest of human history:
you can disregard an idea ...
...and no one knocks on your door at midnight.
(Unless it's your neighbour in need of a cup of sugar), in which case you MAY act NON-nicely
STANDARD DISCLAIMER
Though every reasonable effort has been made in testing this script, the Author
accepts no liability whatsoever. This script may or may not do whatever it is
supposed to do, it could even possibly completely destroy your software,
hardware and set your house/office to fire.
No warranty implied, not even that of fitness for any particular purpose apart
taking up a little bit of your hard disk space.
Permission to use, copy, modify and distribute this software and its
documentation is hereby granted, provided that both the copyright notice and
this permission notice appear in all copies of the software, derivative works or
modified versions, and any portions thereof, and that both notices appear in
supporting documentation.
CARNEGIE MELLON ALLOWS FREE USE OF THIS SOFTWARE IN ITS "AS IS" CONDITION.
CARNEGIE MELLON DISCLAIMS ANY LIABILITY OF ANY KIND FOR ANY DAMAGES WHATSOEVER
RESULTING FROM THE USE OF THIS SOFTWARE.
Carnegie Mellon requests users of this software to return to
Software Distribution Coordinator or Software.Distribution@CS.CMU.EDU
School of Computer Science
Carnegie Mellon University
Pittsburgh PA 15213-3890
any improvements or extensions that they make and grant Carnegie the rights to
redistribute these changes.
Permission to use, copy, modify, and distribute this program for any purpose and
without fee is hereby granted, provided that this copyright and permission
notice appear on all copies and supporting documentation, the name of Carnegie
Mellon not be used in advertising or publicity pertaining to distribution of the
program without specific prior permission, and notice be given in supporting
documentation that copying and distribution is by permission of Carnegie Mellon
and Stanford University. Carnegie Mellon makes no representations about the
suitability of this software for any purpose. It is provided "as is" without
express or implied warranty.
The Catharon Open Source LICENSE
2000-Jul-04
Introduction
============
This license applies to source files distributed by Catharon
Productions, Inc. in several archive packages. This license
applies to all files found in such packages which do not fall
under their own explicit license.
This license was inspired by the BSD, Artistic, and IJG
(Independent JPEG Group) licenses, which all encourage inclusion
and use of free software in commercial and freeware products
alike. As a consequence, its main points are that:
o We don't promise that this software works. However, we are
interested in any kind of bug reports. (`as is' distribution)
o You can use this software for whatever you want, in parts or
full form, without having to pay us. (`royalty-free' usage)
o You may not pretend that you wrote this software. If you use
it, or only parts of it, in a program, you must acknowledge
somewhere in your documentation that you have used the
Catharon Code. (`credits')
We specifically permit and encourage the inclusion of this
software, with or without modifications, in commercial products.
We disclaim all warranties covering the packages distributed by
Catharon Productions, Inc. and assume no liability related to
their use.
Legal Terms
===========
0. Definitions
--------------
Throughout this license, the terms `Catharon Package', `package',
and `Catharon Code' refer to the set of files originally
distributed by Catharon Productions, Inc.
`You' refers to the licensee, or person using the project, where
`using' is a generic term including compiling the project's source
code as well as linking it to form a `program' or `executable'.
This program is referred to as `a program using one of the
Catharon Packages'.
This license applies to all files distributed in the original
Catharon Package(s), including all source code, binaries and
documentation, unless otherwise stated in the file in its
original, unmodified form as distributed in the original archive.
If you are unsure whether or not a particular file is covered by
this license, you must contact us to verify this.
The Catharon Packages are copyright (C) 2000 by Catharon
Productions, Inc. All rights reserved except as specified below.
1. No Warranty
--------------
THE CATHARON PACKAGES ARE PROVIDED `AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OF OR THE INABILITY TO
USE THE CATHARON PACKAGE.
2. Redistribution
-----------------
This license grants a worldwide, royalty-free, perpetual and
irrevocable right and license to use, execute, perform, compile,
display, copy, create derivative works of, distribute and
sublicense the Catharon Packages (in both source and object code
forms) and derivative works thereof for any purpose; and to
authorize others to exercise some or all of the rights granted
herein, subject to the following conditions:
o Redistribution of source code must retain this license file
(`license.txt') unaltered; any additions, deletions or changes
to the original files must be clearly indicated in
accompanying documentation. The copyright notices of the
unaltered, original files must be preserved in all copies of
source files.
o Redistribution in binary form must provide a disclaimer that
states that the software is based in part on the work of
Catharon Productions, Inc. in the distribution documentation.
These conditions apply to any software derived from or based on
the Catharon Packages, not just the unmodified files. If you use
our work, you must acknowledge us. However, no fee need be paid
to us.
3. Advertising
--------------
Neither Catharon Productions, Inc. and contributors nor you shall
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4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Creative Commons Attribution 2.5 Australia
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
Licence
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER THIS LICENCE AND/OR APPLICABLE LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopaedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this Licence.
b. "Derivative Work" means a work that reproduces a substantial part of the Work, or of the Work and other pre-existing works protected by copyright, or that is an adaptation of a Work that is a literary, dramatic, musical or artistic work. Derivative Works include a translation, musical arrangement, dramatisation, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this Licence.
c. "Licensor" means the individual or entity that offers the Work under the terms of this Licence.
d. "Moral rights law" means laws under which an individual who creates a work protected by copyright has rights of integrity of authorship of the work, rights of attribution of authorship of the work, rights not to have authorship of the work falsely attributed, or rights of a similar or analogous nature in the work anywhere in the world.
e. "Original Author" means the individual or entity who created the Work.
f. "Work" means the work or other subject-matter protected by copyright that is offered under the terms of this Licence, which may include (without limitation) a literary, dramatic, musical or artistic work, a sound recording or cinematograph film, a published edition of a literary, dramatic, musical or artistic work or a television or sound broadcast.
g. "You" means an individual or entity exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.
h. "Licence Elements" means the following high-level licence attributes as selected by Licensor and indicated in the title of this Licence: Attribution, NonCommercial, NoDerivatives, ShareAlike.
2. Fair Dealing and Other Rights. Nothing in this Licence excludes or modifies, or is intended to exclude or modify, (including by reducing, limiting, or restricting) the rights of You or others to use the Work arising from fair dealings or other limitations on the rights of the copyright owner or the Original Author under copyright law, moral rights law or other applicable laws.
3. Licence Grant. Subject to the terms and conditions of this Licence, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) licence to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to create and reproduce Derivative Works;
c. to publish, communicate to the public, distribute copies or records of, exhibit or display publicly, perform publicly and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
d. to publish, communicate to the public, distribute copies or records of, exhibit or display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
e. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licences. Licensor will not collect, whether individually or via a performance rights society, royalties for Your communication to the public, broadcast, public performance or public digital performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor will not collect, whether individually or via a music rights agency, designated agent or a music publisher, royalties for any record You create from the Work ("cover version") and distribute, subject to the compulsory licence created by 17 USC Section 115 of the US Copyright Act (or an equivalent statutory licence under the Australian Copyright Act or in other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor will not collect, whether individually or via a performance-rights society, royalties for Your public digital performance (e.g. webcast) of the Work, subject to the compulsory licence created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor under this Licence are hereby reserved.
4. Restrictions. The licence granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may publish, communicate to the public, distribute, publicly exhibit or display, publicly perform, or publicly digitally perform the Work only under the terms of this Licence, and You must include a copy of, or the Uniform Resource Identifier for, this Licence with every copy or record of the Work You publish, communicate to the public, distribute, publicly exhibit or display, publicly perform or publicly digitally perform. You may not offer or impose any terms on the Work that exclude, alter or restrict the terms of this Licence or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this Licence and to the disclaimer of representations and warranties. You may not publish, communicate to the public, distribute, publicly exhibit or display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this Licence. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this Licence. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(b), as requested.
b. If you publish, communicate to the public, distribute, publicly exhibit or display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work. You must also give clear and reasonably prominent credit to (i) the Original Author (by name or pseudonym if applicable), if the name or pseudonym is supplied; and (ii) if another party or parties (eg a sponsor institute, publishing entity or journal) is designated for attribution in the copyright notice, terms of service or other reasonable means associated with the Work, such party or parties. If applicable, that credit must be given in the particular way made known by the Original Author and otherwise as reasonable to the medium or means You are utilizing, by conveying the identity of the Original Author and the other designated party or parties (if applicable); the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
c. False attribution prohibited. Except as otherwise agreed in writing by the Licensor, if You publish, communicate to the public, distribute, publicly exhibit or display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works in accordance with this Licence, You must not falsely attribute the Work to someone other than the Original Author.
d. Prejudice to honour or reputation prohibited. Except as otherwise agreed in writing by the Licensor, if you publish, communicate to the public, distribute, publicly exhibit or display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must not do anything that results in a material distortion of, the mutilation of, or a material alteration to, the Work that is prejudicial to the Original Author's honour or reputation, and You must not do anything else in relation to the Work that is prejudicial to the Original Author's honour or reputation.
5. Disclaimer.
EXCEPT AS EXPRESSLY STATED IN THIS LICENCE OR OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK "AS-IS" AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY OF THE WORK, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
6. Limitation on Liability.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIABILITY ARISING FROM CONTRARY MUTUAL AGREEMENT AS REFERRED TO IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If applicable legislation implies warranties or conditions, or imposes obligations or liability on the Licensor in respect of this Licence that cannot be wholly or partly excluded, restricted or modified, the Licensor's liability is limited, to the full extent permitted by the applicable legislation, at its option, to:
a. in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. the payment of the cost of having the goods repaired; or
b. in the case of services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
7. Termination.
a. This Licence and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this Licence. Individuals or entities who have received Derivative Works or Collective Works from You under this Licence, however, will not have their licences terminated provided such individuals or entities remain in full compliance with those licences. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this Licence.
b. Subject to the above terms and conditions, the licence granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different licence terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this Licence (or any other licence that has been, or is required to be, granted under the terms of this Licence), and this Licence will continue in full force and effect unless terminated as stated above.
8. Miscellaneous.
a. Each time You publish, communicate to the public, distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a licence to the Work on the same terms and conditions as the licence granted to You under this Licence.
b. Each time You publish, communicate to the public, distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a licence to the original Work on the same terms and conditions as the licence granted to You under this Licence.
c. If any provision of this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this Licence shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
e. This Licence constitutes the entire agreement between the parties with respect to the Work licensed here. To the full extent permitted by applicable law, there are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This Licence may not be modified without the mutual written agreement of the Licensor and You.
f. The construction, validity and performance of this Licence shall be governed by the laws in force in New South Wales, Australia.
Creative Commons is not a party to this Licence, and, to the full extent permitted by applicable law, makes no representation or warranty whatsoever in connection with the Work. To the full extent permitted by applicable law, Creative Commons will not be liable to You or any party on any legal theory (including, without limitation, negligence) for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this licence. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at https://creativecommons.org/.
Attribution 2.5
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
For the avoidance of doubt, where the work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Creative Commons Namensnennung 3.0 Österreich
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Bearbeitung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange dieses erkennbar vom Schutzgegenstand abgeleitet wurde. Dies kann insbesondere auch eine Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Bearbeitung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Nutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten zu einem einheitlichen Ganzen, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine eigentümliche geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Bearbeitungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit zugänglich zu machen oder in Verkehr zu bringen.
d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und eine Erteilung, Übertragung oder Einräumung von Nutzungsbewilligungen bzw Nutzungsrechten an Dritte erlaubt.
f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine eigentümliche geistige Schöpfung jeglicher Art oder ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff „Schutzgegenstand“ im Sinne dieser Lizenz.
g. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährte Nutzungsbewilligung trotz eines vorherigen Verstoßes auszuüben.
h. Unter "Öffentlich Wiedergeben" im Sinne dieser Lizenz sind Wahrnehmbarmachungen des Schutzgegenstandes in unkörperlicher Form zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung oder zeit- und ortsunabhängiger Zurverfügungstellung erfolgen, unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, gleichviel in welchem Verfahren, auf welchem Träger, in welcher Menge und ob vorübergehend oder dauerhaft, Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch das erstmalige Festhalten des Schutzgegenstandes oder dessen Wahrnehmbarmachung auf Mitteln der wiederholbaren Wiedergabe sowie das Herstellen von Vervielfältigungsstücken dieser Festhaltung, sowie die Speicherung einer geschützten Darbietung oder eines Bild- und/oder Schallträgers in digitaler Form oder auf einem anderen elektronischen Medium.
2. Beschränkungen der Verwertungsrechte
Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die sich aus den Beschränkungen der Verwertungsrechte, anderen Beschränkungen der Ausschließlichkeitsrechte des Rechtsinhabers oder anderen entsprechenden Rechtsnormen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Lizenzierung
Unter den Bedingungen dieser Lizenz erteilt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - die vergütungsfreie, räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts am Schutzgegenstand) unbeschränkte Nutzungsbewilligung, den Schutzgegenstand in der folgenden Art und Weise zu nutzen:
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. Den Schutzgegenstand zu bearbeiten, einschließlich Übersetzungen unter Nutzung jedweder Medien anzufertigen, sofern deutlich erkennbar gemacht wird, dass es sich um eine Bearbeitung handelt;
c. Den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich wiederzugeben und zu verbreiten; und
d. Bearbeitungen des Schutzgegenstandes zu veröffentlichen, öffentlich wiederzugeben und zu verbreiten.
e. Bezüglich der Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechenden Vergütungsansprüche für jede Ausübung eines Rechts aus dieser Lizenz durch Sie geltend zu machen.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Geltendmachung der Vergütungsansprüche durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
Die vorgenannte Nutzungsbewilligung wird für alle bekannten sowie alle noch nicht bekannten Nutzungsarten eingeräumt. Sie beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich vom Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf die Geltendmachung sämtlicher daraus resultierender Rechte.
4. Bedingungen
Die Erteilung der Nutzungsbewilligung gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich wiedergeben. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich wiedergeben, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich wiedergeben, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dasselbe gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.b) aufgezählten Hinweise entfernen. Wenn Sie eine Bearbeitung vornehmen, müssen Sie – soweit dies praktikabel ist – auf die Mitteilung eines Lizenzgebers hin von der Bearbeitung die in Abschnitt 4.b) aufgezählten Hinweise entfernen.
b. Die Verbreitung und die öffentliche Wiedergabe des Schutzgegenstandes oder auf ihm aufbauender Inhalte oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Urheberschaft oder die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie selbst – soweit bekannt – Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) Rechteinhabers, und/oder falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) („Zuschreibungsempfänger“), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
iv. und im Falle einer Bearbeitung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Bearbeitung handelt.
Die nach diesem Abschnitt 4.b) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Bearbeitung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung aller Beitragenden dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Urhebers, des Lizenzgebers und/oder des Zuschreibungsempfängers weder implizit noch explizit irgendeine Verbindung mit dem oder eine Unterstützung oder Billigung durch den Urheber, den Lizenzgeber oder den Zuschreibungsempfänger andeuten oder erklären.
c. Die oben unter 4.a) und b) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
d. (Urheber)Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE ERTEILUNG DER NUTZUNGSBEWILLIGUNG UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN.
6. Haftungsbeschränkung
ÜBER DIE IN ZIFFER 5 GENANNTE GEWÄHRLEISTUNG HINAUS HAFTET DER LIZENZGEBER IHNEN GEGENÜBER FÜR SCHÄDEN JEGLICHER ART NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG FÜR FOLGE- ODER ANDERE SCHÄDEN, AUCH WENN ER ÜBER DIE MÖGLICHKEIT IHRES EINTRITTS UNTERRICHTET WURDE.
7. Erlöschen
a. Diese Lizenz und die durch sie erteilte Nutzungsbewilligung erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Bearbeitungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke sowie entsprechende Vervielfältigungsstücke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Jedes Mal wenn Sie eine Bearbeitung des Schutzgegenstandes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß 8.a) und b) angebotenen Lizenzen aus.
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Republik Österreich Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
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i. any connection between the Original Author, Licensor or any other Attribution Party and You or Your use of the Work; or
ii. sponsorship or endorsement by the Original Author, Licensor or any other Attribution Party of You or Your use of the Work,
without their separate, express prior written permission.
4C Moral Rights
Moral rights remain unaffected to the extent they are recognised and nonwaivable at law. In this clause 4C, "moral rights" means the personal rights granted by law to the Original Author of a copyright work. For example, Part IX of the Copyright Act 1968 (Cth) grants authors the right of integrity of authorship, the right of attribution of authorship, and the right not to have authorship falsely attributed.
5. Representations, Warranties and Disclaimer
Except as expressly stated in this Licence or otherwise agreed to by the parties in writing, and to the full extent permitted by applicable law, the Licensor offers the Work "as-is" and makes no representations, warranties or conditions of any kind concerning the Work, express, implied, statutory or otherwise. This includes, without limitation, any representations, warranties or conditions regarding:
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i. title, merchantability, or fitness for a particular purpose;
ii. non-infringement;
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iv. the presence or absence of errors, whether or not discoverable.
b. The Trade Practices Act 1974 (Cth), and the corresponding State and Territory fair trading legislation, imply certain warranties and conditions in certain circumstances, such as the right to supply or fitness for purpose of goods or services supplied to a consumer. Clause 5(a) cannot and is not intended to exclude, restrict or modify these warranties.
6. Limit of Liability
a. To the full extent permitted by applicable law, and except for any liability arising from contrary agreement, in no event will the Licensor be liable to You on any legal basis (including without limitation, negligence) for any loss or damage whatsoever, including (without limitation):
i. loss of production or operation time, loss, damage or corruption of data or records; or
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iii. any special, incidental, consequential, punitive or exemplary damages arising out of or in connection with this Licence or the use of the Work, even if the Licensor has been advised of the possibility of such damages.
b. If applicable legislation implies warranties or conditions, or imposes obligations or liability on the Licensor in respect of this Licence that cannot be wholly or partly excluded, restricted or modified, the Licensor’s liability is limited, to the full extent permitted by the applicable legislation, at its option, to:
i. in the case of goods, any one or more of the following:
* the replacement of the goods or the supply of equivalent goods;
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* the payment of the cost of replacing the goods or of acquiring equivalent goods;
* the payment of the cost of having the goods repaired; or
ii. in the case of services:
* the supplying of the services again; or
* the payment of the cost of having the services supplied again.
c. The Trade Practices Act 1974 (Cth), and the corresponding State and Territory fair trading legislation, restrict the limitation of liability in certain circumstances, such as a contract for the supply of goods or services of a kind ordinarily acquired for personal, domestic, or household use. Clauses 6(a) and 6(b) cannot and are not intended to apply in circumstances where it is prohibited by law.
7. Termination
This Licence and the rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of the Licence. Individuals or entities who have received a Derivative Work or a Collection from You pursuant to this Licence, however, will not have their licences terminated provided they remain in full compliance with those licences. Clauses 1, 2, 5, 6, 7, 8, 9, 10, 11, 12 and 13 shall survive any termination of this Licence.
8. Licensor’s Rights Retained
Subject to the above terms, the Licence granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding this, the Licensor reserves the right to release the Work under different licence terms or to stop distributing the Work at any time. However, any such release will not serve to withdraw this Licence (or any other licence that has been granted under the terms of this Licence), and this Licence will continue in full force and effect unless terminated as stated above.
9. Licence Grant to Recipients of the Work from You
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13. Governing Law
The construction, validity and performance of this Licence shall be governed by the laws in force in the Australian Capital Territory, Australia.
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Creative Commons Namensnennung 3.0 Deutschland
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Abwandlung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange die eigenpersönlichen Züge des Schutzgegenstandes darin nicht verblassen und daran eigene Schutzrechte entstehen. Das kann insbesondere eine Bearbeitung, Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Abwandlung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Benutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Abwandlungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit anzubieten oder in Verkehr zu bringen.
d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person oder Gruppe von Personen, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und bei dem eine Einräumung von Nutzungsrechten oder eine Weiterübertragung an Dritte möglich ist.
f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine persönliche geistige Schöpfung jeglicher Art, ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
g. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz eines vorherigen Verstoßes auszuüben.
h. Unter "Öffentlich Zeigen" im Sinne dieser Lizenz sind Veröffentlichungen und Präsentationen des Schutzgegenstandes zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und in unkörperlicher Form mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung, zeit- und ortsunabhängiger Zugänglichmachung oder in körperlicher Form mittels Ausstellung erfolgen, unabhängig von bestimmten Veranstaltungen und unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, mittels beliebiger Verfahren Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch den Vorgang, erstmals körperliche Fixierungen des Schutzgegenstandes sowie Vervielfältigungsstücke dieser Fixierungen anzufertigen, sowie die Übertragung des Schutzgegenstandes auf einen Bild- oder Tonträger oder auf ein anderes elektronisches Medium, gleichviel ob in digitaler oder analoger Form.
2. Schranken des Immaterialgüterrechts. Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die Ihnen aufgrund der Schranken des Urheberrechts oder anderer Rechtsnormen bereits ohne Weiteres zustehen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Einräumung von Nutzungsrechten. Unter den Bedingungen dieser Lizenz räumt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - das vergütungsfreie, räumlich und zeitlich (für die Dauer des Schutzrechts am Schutzgegenstand) unbeschränkte einfache Recht ein, den Schutzgegenstand auf die folgenden Arten und Weisen zu nutzen ("unentgeltlich eingeräumtes einfaches Nutzungsrecht für jedermann"):
a. den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. Abwandlungen des Schutzgegenstandes anzufertigen, einschließlich Übersetzungen unter Nutzung jedweder Medien, sofern deutlich erkennbar gemacht wird, dass es sich um Abwandlungen handelt;
c. den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich zu zeigen und zu verbreiten;
d. Abwandlungen des Schutzgegenstandes zu veröffentlichen, öffentlich zu zeigen und zu verbreiten.
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechende Vergütung einzuziehen für jede Ausübung eines Rechts aus dieser Lizenz durch Sie.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Einziehung der Vergütung durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
Das vorgenannte Nutzungsrecht wird für alle bekannten sowie für alle noch nicht bekannten Nutzungsarten eingeräumt. Es beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich durch den Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf sämtliche aus diesem Schutz resultierenden Rechte.
4. Bedingungen. Die Einräumung des Nutzungsrechts gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich zeigen. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.a) gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.b) aufgezählten Hinweise entfernen. Wenn Sie eine Abwandlung vornehmen, müssen Sie auf die Mitteilung eines Lizenzgebers hin von der Abwandlung die in Abschnitt 4.b) aufgezählten Hinweise entfernen.
b. Die Verbreitung und das öffentliche Zeigen des Schutzgegenstandes oder auf ihm aufbauender Abwandlungen oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers und / oder, falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
iv. und im Falle einer Abwandlung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Abwandlung handelt.
Die nach diesem Abschnitt 4.b) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Abwandlung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung mehrerer Rechteinhaber dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Lizenzgebers und / oder des Zuschreibungsempfängers weder explizit noch implizit irgendeine Verbindung zum Lizenzgeber oder Zuschreibungsempfänger und ebenso wenig eine Unterstützung oder Billigung durch ihn andeuten.
c. Die oben unter 4.a) und b) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
d. Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE EINRÄUMUNG VON RECHTEN UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN. DIESE GEWÄHRLEISTUNGSBESCHRÄNKUNG GILT NICHT, SOWEIT MÄNGEL ZU SCHÄDEN DER IN ABSCHNITT 6 BEZEICHNETEN ART FÜHREN UND AUF SEITEN DES LIZENZGEBERS DAS JEWEILS GENANNTE VERSCHULDEN BZW. VERTRETENMÜSSEN EBENFALLS VORLIEGT.
6. Haftungsbeschränkung
DER LIZENZGEBER HAFTET IHNEN GEGENÜBER IN BEZUG AUF SCHÄDEN AUS DER VERLETZUNG DES LEBENS, DES KÖRPERS ODER DER GESUNDHEIT NUR, SOFERN IHM WENIGSTENS FAHRLÄSSIGKEIT VORZUWERFEN IST, FÜR SONSTIGE SCHÄDEN NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG.
7. Erlöschen
a. Diese Lizenz und die durch sie eingeräumten Nutzungsrechte erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Abwandlungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal, wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Jedes Mal, wenn Sie eine Abwandlung des Schutzgegenstandes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen davon unberührt.
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß Ziffern 8.a) und b) angebotenen Lizenzen aus.
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
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Creative Commons Attribution 3.0 IGO
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Creative Commons Naamsvermelding 3.0
CREATIVE COMMONS CORPORATION IS GEEN ADVOCATENPRAKTIJK EN VERLEENT GEEN JURIDISCHE DIENSTEN. DE VERSPREIDING VAN DEZE LICENTIE ROEPT GEEN JURIDISCHE RELATIE MET CREATIVE COMMONS IN HET LEVEN. CREATIVE COMMONS VERSPREIDT DEZE INFORMATIE 'AS-IS'. CREATIVE COMMONS STAAT NIET IN VOOR DE INHOUD VAN DE VERSTREKTE INFORMATIE EN SLUIT ALLE AANSPRAKELIJKHEID UIT VOOR ENIGERLEI SCHADE VOORTVLOEIEND UIT HET GEBRUIK VAN DEZE INFORMATIE INDIEN EN VOORZOVER DE WET NIET ANDERS BEPAALT.
Licentie
HET WERK (ALS HIERONDER OMSCHREVEN) WORDT TER BESCHIKKING GESTELD OVEREENKOMSTIG DE VOORWAARDEN VAN DEZE CREATIVE COMMONS PUBLIEKE LICENTIE ('CCPL' OF 'LICENTIE'). HET WERK WORDT BESCHERMD OP GROND VAN HET AUTEURSRECHT, NABURIGE RECHTEN, HET DATABANKENRECHT EN/OF ENIGE ANDERE TOEPASSELIJKE RECHTEN. MET UITZONDERING VAN HET IN DEZE LICENTIE OMSCHREVEN TOEGESTANE GEBRUIK VAN HET WERK IS ENIG ANDER GEBRUIK VAN HET WERK NIET TOEGESTAAN.
DOOR HET UITOEFENEN VAN DE IN DEZE LICENTIE VERLEENDE RECHTEN MET BETREKKING TOT HET WERK AANVAARDT EN GAAT DE GEBRUIKER AKKOORD MET DE VOORWAARDEN VAN DEZE LICENTIE, MET DIEN VERSTANDE DAT (DE INHOUD VAN) DEZE LICENTIE OP VOORHAND VOLDOENDE DUIDELIJK KENBAAR DIENT TE ZIJN VOOR DE ONTVANGER VAN HET WERK.
DE LICENTIEGEVER VERLEENT DE GEBRUIKER DE IN DEZE LICENTIE OMSCHREVEN RECHTEN MET INACHTNEMING VAN DE DESBETREFFENDE VOORWAARDEN.
1. Definities
a. 'Verzamelwerk' een werk waarin het Werk, in zijn geheel en in ongewijzigde vorm, samen met een of meer andere werken, die elk een afzonderlijk en zelfstandig werk vormen, tot een geheel is samengevoegd. Voorbeelden van een verzamelwerk zijn een tijdschrift, een bloemlezing of een encyclopedie. Een Verzamelwerk zal voor de toepassing van deze Licentie niet als een Afgeleid werk (als hieronder omschreven) worden beschouwd.
b. 'Afgeleid werk' een werk dat is gebaseerd op het Werk of op het Werk en andere reeds bestaande werken. Voorbeelden van een Afgeleid werk zijn een vertaling, een muziekschikking (arrangement), een toneelbewerking, een literaire bewerking, een verfilming, een geluidsopname, een kunstreproductie, een verkorte versie, een samenvatting of enig andere bewerking van het Werk, met dien verstande dat een Verzamelwerk voor de toepassing van deze Licentie niet als een Afgeleid werk zal worden beschouwd.
Indien het Werk een muziekwerk betreft, zal de synchronisatie van de tijdslijnen van het Werk en een bewegend beeld ('synching') voor de toepassing van deze Licentie als een Afgeleid Werk worden beschouwd.
c. 'Licentiegever' de natuurlijke persoon/personen of rechtspersoon/rechtspersonen die het Werk volgens de voorwaarden van deze Licentie aanbiedt/aanbieden.
d. 'Maker' de natuurlijke persoon/personen of rechtspersoon/personen die het oorspronkelijke werk gemaakt heeft/hebben. Voor de toepassing van deze Licentie wordt onder de Maker mede verstaan de uitvoerende kunstenaar, film- en fonogramproducent en omroeporganisaties in de zin van de Wet op de naburige rechten en de producent van een databank in de zin van de Databankenwet.
e. 'Werk' het auteursrechtelijk beschermde werk dat volgens de voorwaarden van deze Licentie wordt aangeboden. Voor de toepassing van deze Licentie wordt onder het Werk mede verstaan het fonogram, de eerste vastlegging van een film en het (omroep)programma in de zin van de Wet op de naburige rechten en de databank in de zin van de Databankenwet, voor zover dit fonogram, deze eerste vastlegging van een film, dit (omroep)programma en deze databank beschermd wordt krachtens de toepasselijke wet in de jurisdictie van de Gebruiker.
f. 'Gebruiker' de natuurlijke persoon of rechtspersoon die rechten ingevolge deze Licentie uitoefent en die de voorwaarden van deze Licentie met betrekking tot het Werk niet eerder geschonden heeft, of die van de Licentiegever uitdrukkelijke toestemming gekregen heeft om rechten ingevolge deze Licentie uit te oefenen ondanks een eerdere schending.
2. Beperkingen van de uitsluitende rechten. Niets in deze Licentie strekt ertoe om de rechten te beperken die voortvloeien uit de beperkingen en uitputting van de uitsluitende rechten van de rechthebbende krachtens het auteursrecht, de naburige rechten, het databankenrecht of enige andere toepasselijke rechten.
3. Licentieverlening. Met inachtneming van de voorwaarden van deze Licentie verleent de Licentiegever hierbij aan de Gebruiker een wereldwijde, niet-exclusieve licentie om de navolgende rechten met betrekking tot het Werk vrij van royalty's uit te oefenen voor de duur van de toepasselijke intellectuele eigendomsrechten:
a. het reproduceren van het Werk, het opnemen van het Werk in een of meerdere Verzamelwerken, en het reproduceren van het in de Verzamelwerken opgenomen Werk;
b. het maken en reproduceren van Afgeleide werken met dien verstande dat met betrekking tot het Afgeleide werk, met inbegrip van welke vertaling in welk medium dan ook, duidelijk wordt gemaakt dat er wijzigingen in het oorspronkelijke Werk zijn aangebracht. Bijvoorbeeld, aan een vertaling kan worden toegevoegd dat 'het oorspronkelijke Werk is van het Engels in het Spaans vertaald', of in geval van een verandering kan worden aangegeven dat 'het oorspronkelijke werk is veranderd';
c. het verspreiden van exemplaren van het Werk, het in het openbaar tonen, op- en uitvoeren en het on-line beschikbaar stellen van het Werk, afzonderlijk en als deel van een Verzamelwerk;
d. het verspreiden van exemplaren van Afgeleide werken, het in het openbaar te tonen, op- en uitvoeren en het on-line beschikbaar stellen van Afgeleide werken;
e. het opvragen en hergebruiken van het Werk;
f. Volledigheidshalve dient te worden vermeld dat:
i. Niet voor afstand vatbare heffingsregelingen. in het geval van niet voor afstand vatbare heffingsregelingen (bijvoorbeeld met betrekking tot thuiskopieën) de Licentiegever zich het recht voorbehoudt om dergelijke heffingen te innen (al dan niet door middel van een auteursrechtenorganisatie) bij zowel commercieel als niet-commercieel gebruik van het Werk;
ii. Voor afstand vatbare heffingsregeling. in het geval van voor afstand vatbare heffingsregelingen (bijvoorbeeld met betrekking tot leenrechten) de Licentiegever afstand doet van het recht om dergelijke heffingen te innen bij zowel commercieel als niet-commercieel gebruik van het Werk;
iii. Collectief rechtenbeheer. de Licentiegever afstand doet van het recht om vergoedingen te innen (zelfstandig of, indien de Licentiegever lid is van een auteursrechtenorganisatie, door middel van die organisatie) bij zowel commercieel als niet-commercieel gebruik van het Werk.
De Gebruiker mag deze rechten uitoefenen met behulp van alle thans bekende media, dragers en formats. De Gebruiker is tevens gerechtigd om technische wijzigingen aan te brengen die noodzakelijk zijn om de rechten met behulp van andere media, dragers en formats uit te oefenen. Alle niet uitdrukkelijk verleende rechten zijn hierbij voorbehouden aan de Licentiegever, met inbegrip van maar niet beperkt tot de rechten die in artikel 4(d) worden genoemd. Voor zover de Licentiegever op basis van het nationale recht ter implementatie van de Europese Databankenrichtlijn over uitsluitende rechten beschickt doet de Licentiegever afstand van deze rechten.
4. Beperkingen. De in artikel 3 verleende Licentie is uitdrukkelijk gebonden aan de volgende beperkingen:
a. De Gebruiker mag het Werk uitsluitend verspreiden, in het openbaar tonen, op- of uitvoeren of on-line beschikbaar stellen met inachtneming van de voorwaarden van deze Licentie, en de Gebruiker dient een exemplaar van, of de Uniform Resource Identifier voor, deze Licentie toe te voegen aan elk exemplaar van het Werk dat de Gebruiker verspreidt, in het openbaar toont, op- of uitvoert, of on-line beschikbaar stelt. Het is de Gebruiker niet toegestaan om het Werk onder enige afwijkende voorwaarden aan te bieden waardoor de voorwaarden van deze Licentie dan wel de mogelijkheid van de ontvangers van het Werk om de rechten krachtens deze Licentie uit te oefenen worden beperkt. Het is de Gebruiker niet toegestaan om het Werk in sublicentie te geven. De Gebruiker dient alle vermeldingen die verwijzen naar deze Licentie dan wel naar de uitsluiting van garantie te laten staan. Het is de Gebruiker niet toegestaan om het Werk te verspreiden, in het openbaar te tonen, op- of uit te voeren of on-line beschikbaar te stellen met toepassing van technologische voorzieningen waardoor de voorwaarden van deze Licentie dan wel de mogelijkheid van de ontvangers van het Werk om de rechten krachtens deze Licentie uit te oefenen worden beperkt. Het voorgaande is tevens van toepassing op het Werk dat deel uitmaakt van een Verzamelwerk, maar dat houdt niet in dat het Verzamelwerk, afgezien van het Werk zelf, gebonden is aan de voorwaarden van deze Licentie. Indien de Gebruiker een Verzamelwerk maakt, dient deze, op verzoek van welke Licentiegever ook, de op grond van artikel 4(b) vereiste naamsvermelding uit het Verzamelwerk te verwijderen, voor zover praktisch mogelijk, conform het verzoek. Indien de Gebruiker een Afgeleid werk maakt, dient hij, op verzoek van welke Licentiegever ook, de op grond van artikel 4(b) vereiste naamsvermelding uit het Afgeleide werk te verwijderen, voorzover praktisch mogelijk, conform het verzoek.
b. Indien de Gebruiker het Werk, Afgeleide Werken of Verzamelwerken verspreidt, in het openbaar toont, op- of uitvoert of on-line beschikbaar stelt, dient de Gebruiker, tenzij er sprake is van een verzoek als vermeld in lid 4(a), alle auteursrechtvermeldingen met betrekking tot het Werk te laten staan. Tevens dient de Gebruiker, op een wijze die redelijk is in verhouding tot het gebruikte medium, de naam te vermelden van (i) de Maker (of zijn/haar pseudoniem indien van toepassing) indien deze wordt vermeld; en/of (ii) van (een) andere partij(en) (b.v. sponsor, uitgeverij, tijdschrift) indien de naamsvermelding van deze partij(en) ("Naamsvermeldingsgerechtigden") in de auteursrechtvermelding of algemene voorwaarden van de Licentiegever of op een andere redelijke wijze verplicht is gesteld door de Maker en/of de Licentiegever; de titel van het Werk indien deze wordt vermeld; voorzover redelijkerwijs toepasbaar de Uniform Resource Identifier, indien aanwezig, waarvan de Licentiegever heeft aangegeven dat deze bij het Werk hoort, tenzij de URI niet verwijst naar de auteursrechtvermeldingen of de licentie-informatie betreffende het Werk; in overeenstemming met artikel 3(b) in geval van een Afgeleid werk, door te verwijzen naar het gebruik van het Werk in het Afgeleide werk (bijvoorbeeld: 'De Franse vertaling van het Werk van de Maker' of 'Scenario gebaseerd op het Werk van de Maker'). De Gebruiker dient op redelijke wijze aan de in dit artikel genoemde vereisten te voldoen; echter, met dien verstande dat, in geval van een Afgeleid werk of een Verzamelwerk, de naamsvermeldingen in ieder geval geplaatst dienen te worden, indien er een naamsvermelding van alle makers van het Afgeleide werk of het Verzamelwerk geplaatst wordt dan als deel van die naamsvermeldingen, en op een wijze die in ieder geval even duidelijk is als de naamsvermeldingen van de overige makers.
Volledigheidshalve dient te worden vermeld dat de Gebruiker uitsluitend gebruik mag maken van de naamsvermelding op de in dit artikel omschreven wijze teneinde te voldoen aan de naamsvermeldingsverplichting en, door gebruikmaking van zijn rechten krachtens deze Licentie, is het de Gebruiker niet toegestaan om op enigerlei wijze de indruk te wekken dat er sprake is van enig verband met, sponsorschap van of goedkeuring van de (toepasselijke) Maker, Licentiegever c.q. Naamsvermeldingsgerechtigden van de Gebruiker of diens gebruik van het Werk, zonder de afzonderlijke, uitdrukkelijke, voorafgaande, schriftelijke toestemming van de Maker, Licentiegever c.q. Naamsvermeldingsgerechtigden.
c. Volledigheidshalve dient te worden vermeld, dat de hierboven vermelde beperkingen (lid 4(a) en lid 4(b)) niet van toepassing zijn op die onderdelen van het Werk die geacht worden te vallen onder de definitie van het 'Werk' zoals vermeld in deze Licentie uitsluitend omdat zij voldoen aan de criteria van het sui generis databankenrecht krachtens het nationale recht ter implementatie van de Europese Databankenrichtlijn.
d. De in artikel 3 verleende rechten moeten worden uitgeoefend met inachtneming van het morele recht van de Maker (en/of de uitvoerende kunstenaar) om zich te verzetten tegen elke misvorming, verminking of andere aantasting van het werk, welke nadeel zou kunnen toebrengen aan de eer of de naam van de Maker (en/of de uitvoerende kunstenaar) of aan zijn waarde in deze hoedanigheid, indien en voor zover de Maker (en/of de uitvoerende kunstenaar) op grond van een op hem van toepassing zijnde wettelijke bepaling geen afstand kan doen van dat morele recht.
5. Garantie en vrijwaring.
TENZIJ ANDERS SCHRIFTELIJK IS OVEREENGEKOMEN DOOR DE PARTIJEN, STELT DE LICENTIEGEVER HET WERK BESCHIKBAAR OP 'AS-IS' BASIS, ZONDER ENIGE GARANTIE, HETZIJ DIRECT, INDIRECT OF ANDERSZINS, MET BETREKKING TOT HET WERK, MET INBEGRIP VAN, MAAR NIET BEPERKT TOT GARANTIES MET BETREKKING TOT DE EIGENDOMSTITEL, DE VERKOOPBAARHEID, DE GESCHIKTHEID VOOR BEPAALDE DOELEINDEN, MOGELIJKE INBREUK, DE AFWEZIGHEID VAN LATENTE OF ANDERE TEKORTKOMINGEN, DE JUISTHEID OF DE AAN- OF AFWEZIGHEID VAN FOUTEN, ONGEACHT DE OPSPOORBAARHEID DAARVAN, INDIEN EN VOORZOVER DE WET NIET ANDERS BEPAALT.
6. Beperking van de aansprakelijkheid.
DE LICENTIEGEVER AANVAARDT GEEN ENKELE AANSPRAKELIJKHEID JEGENS DE GEBRUIKER VOOR ENIGE BIJZONDERE OF INCIDENTELE SCHADE OF GEVOLGSCHADE VOORTVLOEIEND UIT DEZE LICENTIE OF HET GEBRUIK VAN HET WERK, ZELFS NIET INDIEN DE LICENTIEGEVER OP DE HOOGTE IS GESTELD VAN HET RISICO VAN DERGELIJKE SCHADE, INDIEN EN VOORZOVER DE WET NIET ANDERS BEPAALT.
7. Beëindiging
a. Deze Licentie en de daarin verleende rechten vervallen automatisch op het moment dat de Gebruiker in strijd handelt met de voorwaarden van deze Licentie. De licenties van natuurlijke personen of rechtspersonen die Verzamelwerken hebben ontvangen van de Gebruiker krachtens deze Licentie blijven echter in stand zolang dergelijke natuurlijke personen of rechtspersonen zich houden aan de voorwaarden van die licenties. Na de beëindiging van deze Licentie blijven artikelen 1, 2, 5, 6, 7 en 8 onverminderd van kracht.
b. Met inachtneming van de hierboven vermelde voorwaarden wordt de Licentie verleend voor de duur van de toepasselijke intellectuele eigendomsrechten op het Werk. De Licentiegever behoudt zich desalniettemin te allen tijde het recht voor om het Werk volgens gewijzigde licentievoorwaarden te verspreiden of om het Werk niet langer te verspreiden; met dien verstande dat een dergelijk besluit niet de intrekking van deze Licentie (of enig andere licentie die volgens de voorwaarden van deze Licentie (verplicht) is verleend) tot gevolg heeft, en deze Licentie onverminderd van kracht blijft tenzij zij op de in lid a omschreven wijze wordt beëindigd.
8. Diversen
a. Elke keer dat de Gebruiker het Werk of een Verzamelwerk verspreidt of on-line beschikbaar stelt, biedt de Licentiegever de ontvanger een licentie op het Werk aan volgens de algemene voorwaarden van deze Licentie.
b. Elke keer dat de Gebruiker een Afgeleid werk verspreidt of on-line beschikbaar stelt, biedt de Licentiegever de ontvanger een licentie op het oorspronkelijke werk aan volgens de algemene voorwaarden van deze Licentie.
c. Indien enige bepaling van deze Licentie nietig of niet rechtens afdwingbaar is, zullen de overige voorwaarden van deze Licentie volledig van kracht blijven. De nietige of niet-afdwingbare bepaling zal, zonder tussenkomst van de partijen, worden vervangen door een geldige en afdwingbare bepaling waarbij het doel en de strekking van de oorspronkelijke bepaling zoveel mogelijk in acht worden genomen.
d. Een verklaring van afstand van in deze Licentie verleende rechten of een wijziging van de voorwaarden van deze Licentie dient schriftelijk te geschieden en getekend te zijn door de partij die verantwoordelijk is voor de verklaring van afstand respectievelijk de partij wiens toestemming voor de wijziging is vereist.
f. Deze Licentie bevat de volledige overeenkomst tussen de partijen met betrekking tot het in licentie gegeven Werk. Er zijn geen andere afspraken gemaakt met betrekking tot het Werk. De Licentiegever is niet gebonden aan enige aanvullende bepalingen die worden vermeld in mededelingen van de Gebruiker. Deze licentie kan uitsluitend worden gewijzigd met de wederzijdse, schriftelijke instemming van de Licentiegever en de Gebruiker.
Aansprakelijkheid en merkrechten van Creative Commons
Creative Commons is geen partij bij deze Licentie en stelt geen enkele garantie met betrekking tot het Werk. Creative Commons kan op geen enkele wijze aansprakelijk worden gehouden jegens de Gebruiker of derden voor enigerlei schade met inbegrip van, maar niet beperkt tot enige algemene, bijzondere, incidentele of gevolgschade voortvloeiend uit deze Licentie. Onverminderd het bepaalde in de twee (2) voorgaande volzinnen is Creative Commons gebonden aan alle rechten en verplichtingen van de Licentiegever indien Creative Commons zichzelf uitdrukkelijk kenbaar gemaakt heeft als de Licentiegever krachtens deze Licentie.
Met uitzondering van het beperkte doel om iedereen erop te wijzen dat het Werk in licentie is gegeven krachtens de CCPL, geeft Creative Commons aan geen van de partijen toestemming om gebruik te maken van de merknaam 'Creative Commons', enige daarmee verband houdende merknamen dan wel het logo van Creative Commons gebruiken zonder de voorafgaande schriftelijke toestemming van Creative Commons. Het geoorloofde gebruik dient in overeenstemming te zijn met de alsdan geldende richtlijnen betreffende het gebruik van merknamen van Creative Commons zoals die bekend worden gemaakt op de website of anderszins van tijd tot tijd, desgevraagd, ter beschikking worden gesteld. Volledigheidshalve dient te worden vermeld dat deze merkrechtelijke beperking geen deel uitmaakt van de Licentie.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
For the avoidance of doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Attribution-NonCommercial 2.5
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(c), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(c), as requested.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
For the avoidance of doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Creative Commons Namensnennung - Keine kommerzielle Nutzung 3.0 Deutschland
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Abwandlung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange die eigenpersönlichen Züge des Schutzgegenstandes darin nicht verblassen und daran eigene Schutzrechte entstehen. Das kann insbesondere eine Bearbeitung, Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Abwandlung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Benutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Abwandlungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit anzubieten oder in Verkehr zu bringen.
d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person oder Gruppe von Personen, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und bei dem eine Einräumung von Nutzungsrechten oder eine Weiterübertragung an Dritte möglich ist.
f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine persönliche geistige Schöpfung jeglicher Art, ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
g. Mit "Sie" bzw. "Ihne*" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz eines vorherigen Verstoßes auszuüben.
h. Unter "Öffentlich Zeigen" im Sinne dieser Lizenz sind Veröffentlichungen und Präsentationen des Schutzgegenstandes zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und in unkörperlicher Form mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung, zeit- und ortsunabhängiger Zugänglichmachung oder in körperlicher Form mittels Ausstellung erfolgen, unabhängig von bestimmten Veranstaltungen und unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, mittels beliebiger Verfahren Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch den Vorgang, erstmals körperliche Fixierungen des Schutzgegenstandes sowie Vervielfältigungsstücke dieser Fixierungen anzufertigen, sowie die Übertragung des Schutzgegenstandes auf einen Bild- oder Tonträger oder auf ein anderes elektronisches Medium, gleichviel ob in digitaler oder analoger Form.
2. Schranken des Immaterialgüterrechts. Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die Ihnen aufgrund der Schranken des Urheberrechts oder anderer Rechtsnormen bereits ohne Weiteres zustehen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Einräumung von Nutzungsrechten. Unter den Bedingungen dieser Lizenz räumt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 4.e) - das vergütungsfreie, räumlich und zeitlich (für die Dauer des Schutzrechts am Schutzgegenstand) unbeschränkte einfache Recht ein, den Schutzgegenstand auf die folgenden Arten und Weisen zu nutzen ("unentgeltlich eingeräumtes einfaches Nutzungsrecht für jedermann"):
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. Abwandlungen des Schutzgegenstandes anzufertigen, einschließlich Übersetzungen unter Nutzung jedweder Medien, sofern deutlich erkennbar gemacht wird, dass es sich um Abwandlungen handelt;
c. den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich zu zeigen und zu verbreiten;
d. Abwandlungen des Schutzgegenstandes zu veröffentlichen, öffentlich zu zeigen und zu verbreiten.
Das vorgenannte Nutzungsrecht wird für alle bekannten sowie für alle noch nicht bekannten Nutzungsarten eingeräumt. Es beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich durch den Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf sämtliche aus diesem Schutz resultierenden Rechte.
4. Bedingungen. Die Einräumung des Nutzungsrechts gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich zeigen. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.a) gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.c) aufgezählten Hinweise entfernen. Wenn Sie eine Abwandlung vornehmen, müssen Sie auf die Mitteilung eines Lizenzgebers hin von der Abwandlung die in Abschnitt 4.c) aufgezählten Hinweise entfernen.
b. Die Rechteeinräumung gemäß Abschnitt 3 gilt nur für Handlungen, die nicht vorrangig auf einen geschäftlichen Vorteil oder eine geldwerte Vergütung gerichtet sind ("nicht-kommerzielle Nutzung", "Non-commercial-Option"). Wird Ihnen in Zusammenhang mit dem Schutzgegenstand dieser Lizenz ein anderer Schutzgegenstand überlassen, ohne dass eine vertragliche Verpflichtung hierzu besteht (etwa im Wege von File-Sharing), so wird dies nicht als auf geschäftlichen Vorteil oder geldwerte Vergütung gerichtet angesehen, wenn in Verbindung mit dem Austausch der Schutzgegenstände tatsächlich keine Zahlung oder geldwerte Vergütung geleistet wird.
c. Die Verbreitung und das öffentliche Zeigen des Schutzgegenstandes oder auf ihm aufbauender Abwandlungen oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers und / oder, falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
iv. und im Falle einer Abwandlung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Abwandlung handelt.
Die nach diesem Abschnitt 4.c) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Abwandlung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung mehrerer Rechteinhaber dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Lizenzgebers und / oder des Zuschreibungsempfängers weder explizit noch implizit irgendeine Verbindung zum Lizenzgeber oder Zuschreibungsempfänger und ebenso wenig eine Unterstützung oder Billigung durch ihn andeuten.
d. Die oben unter 4.a) bis c) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechende Vergütung einzuziehen für jede Ausübung eines Rechts aus dieser Lizenz durch Sie.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, behält sich der Lizenzgeber das ausschließliche Recht auf Einziehung der entsprechenden Vergütung für den Fall vor, dass Sie eine Nutzung des Schutzgegenstandes für andere als die in Abschnitt 4.b) als nicht-kommerziell definierten Zwecke vornehmen, verzichtet für alle übrigen, lizenzgerechten Fälle von Nutzung jedoch auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Einziehung der Vergütung durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre. Der Lizenzgeber behält sich jedoch das ausschließliche Recht auf Einziehung der entsprechenden Vergütung (durch ihn selbst oder eine Verwertungsgesellschaft) für den Fall vor, dass Sie eine Nutzung des Schutzgegenstandes für andere als die in Abschnitt 4.b) als nicht-kommerziell definierten Zwecke vornehmen.
f. Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE EINRÄUMUNG VON RECHTEN UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN. DIESE GEWÄHRLEISTUNGSBESCHRÄNKUNG GILT NICHT, SOWEIT MÄNGEL ZU SCHÄDEN DER IN ABSCHNITT 6 BEZEICHNETEN ART FÜHREN UND AUF SEITEN DES LIZENZGEBERS DAS JEWEILS GENANNTE VERSCHULDEN BZW. VERTRETENMÜSSEN EBENFALLS VORLIEGT.
6. Haftungsbeschränkung
DER LIZENZGEBER HAFTET IHNEN GEGENÜBER IN BEZUG AUF SCHÄDEN AUS DER VERLETZUNG DES LEBENS, DES KÖRPERS ODER DER GESUNDHEIT NUR, SOFERN IHM WENIGSTENS FAHRLÄSSIGKEIT VORZUWERFEN IST, FÜR SONSTIGE SCHÄDEN NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG.
7. Erlöschen
a. Diese Lizenz und die durch sie eingeräumten Nutzungsrechte erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Abwandlungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Jedes Mal wenn Sie eine Abwandlung des Schutzgegenstandes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß Ziffern 8.a) und b) angeboteten Lizenzen aus.
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
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Unter einer "Bearbeitung" wird eine Übersetzung oder andere Bearbeitung des Werkes verstanden, die eine eigentümliche geistige Schöpfung von Ihnen ist bzw eine Übersetzung oder andere Bearbeitung eines anderen urheberrechtlichen Schutzgegenstandes als einem Werk, wenn diese zu einem eigenen Schutzrecht führt. Eine freie Benutzung eines Werkes wird nicht als Bearbeitung angesehen.
Unter den "Lizenzelementen" werden
die folgenden Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt und in der Bezeichnung der Lizenz genannt werden: "Namensnennung", "Nicht-kommerziell", "Weitergabe unter gleichen Bedingungen".
Unter dem "Lizenzgeber" wird die natürliche oder juristische Person verstanden, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet.
Unter einem "Sammelwerk" wird eine Sammlung verstanden, die infolge der Zusammenstellung einzelner Beiträge zu einem einheitlichen Ganzen eine eigentümliche geistige Schöpfung darstellt. Darunter fallen auch Sammlungen von Werken, Daten oder anderen unabhängigen Elementen, die systematisch oder methodisch angeordnet und einzeln mit elektronischen Mitteln oder auf andere Weise zugänglich sind, wenn sie infolge der Auswahl oder Anordnung des Stoffes eine eigentümliche geistige Schöpfung sind (Datenbankwerke). Ein Sammelwerk wird im Zusammenhang mit dieser Lizenz nicht als Bearbeitung (wie oben beschrieben) angesehen.
Mit "SIE" und "Ihnen" ist die natürliche oder juristische Person gemeint, die die in dieser Lizenz erteilte Nutzungsbewilligung (Befugnisse) ausübt und die zuvor die Bedingungen dieser Lizenz im Hinblick auf das Werk nicht verletzt hat, oder die die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz erteilte Nutzungsbewilligung trotz einer vorherigen Verletzung auszuüben.
Unter dem "Schutzgegenstand" wird das Werk oder Sammelwerk oder das Schutzobjekt eines verwandten Schutzrechts verstanden, das Ihnen unter den Bedingungen dieser Lizenz angeboten wird.
Unter dem "Urheber" wird die natürliche Person verstanden, die das Werk geschaffen hat.
Unter einem "verwandten Schutzrecht" wird das Recht an einem anderen urheberrechtlichen Schutzgegenstand als einem Werk verstanden, zum Beispiel einem nachgelassenen Werk, einem Lichtbild, einer Datenbank, einem Schallträger, einer Rundfunksendung, einem Laufbild oder einer Darbietung eines ausübenden Künstlers.
Unter dem "Werk" wird eine eigentümliche geistige Schöpfung verstanden, die Ihnen unter den Bedingungen dieser Lizenz angeboten wird.
2. Schranken des Urheberrechts. Diese Lizenz lässt sämtliche Rechte unberührt, die sich aus den Beschränkungen der Verwertungsrechte, aus dem Erschöpfungsgrundsatz oder anderen Beschränkungen der Ausschließlichkeitsrechte des Rechtsinhabers durch die Anwendung findenden Gesetze ergeben.
3. Lizenzierung. Unter den Bedingungen dieses Lizenzvertrages erteilt Ihnen der Lizenzgeber eine unentgeltliche, räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts) unbeschränkte, nicht-ausschließliche Nutzungsbewilligung, den Schutzgegenstand in der folgenden Art und Weise zu nutzen:
den Schutzgegenstand in körperlicher Form zu verwerten, insbesondere zu vervielfältigen und zu verbreiten;
den Schutzgegenstand in unkörperlicher Form öffentlich wiederzugeben, insbesondere zu senden, weiterzusenden, vorzutragen, aufzuführen, vorzuführen und öffentlich zur Verfügung zu stellen;
den Schutzgegenstand auf Bild- oder Schallträger festzuhalten und mit dem Bild- oder Schallträger auf die in 3 a. oder b. erlaubte Weise zu verfahren.
Die in diesem Lizenzvertrag erteilte Nutzungsbewilligung kann für alle bekannten Nutzungsarten ausgeübt werden. Die genannte Nutzungsbewilligung beinhaltet die Befugnis, solche Veränderungen an dem Werk vorzunehmen, die technisch erforderlich sind, um die Nutzungsbewilligung für alle Nutzungsarten wahrzunehmen. Insbesondere sind davon die Anpassung an andere Medien und auf andere Dateiformate umfasst.
4. Beschränkungen. Die Erteilung der Nutzungsbewilligung gemäß Ziffer 3 erfolgt ausdrücklich nur unter den folgenden Bedingungen:
Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz vervielfältigen, verbreiten oder im Sinne von Ziffer 3.b. dieses Vertrags öffentlich wiedergeben und Sie müssen stets eine Kopie oder die vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) dieser Lizenz beifügen, wenn Sie den Schutzgegenstand vervielfältigen, verbreiten oder im Sinne von Ziffer 3.b. dieses Vertrags öffentlich wiedergeben. Sie dürfen keine Vertragsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch sie gewährten Befugnisse ändern oder beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Sie müssen alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungs- und/oder Gewährleistungsausschluss hinweisen. Sie dürfen den Schutzgegenstand mit keinen technischen Schutzmaßnahmen versehen, die den Zugang oder den Gebrauch des Schutzgegenstandes in einer Weise kontrollieren, die mit den Bedingungen dieser Lizenz im Widerspruch stehen. Die genannten Beschränkungen gelten auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet; sie verlangen aber nicht, dass das Sammelwerk insgesamt zum Gegenstand dieser Lizenz gemacht wird. Wenn Sie ein Sammelwerk erstellen, müssen Sie - soweit dies praktikabel ist - auf die Aufforderung eines Lizenzgebers oder Urhebers hin aus dem Sammelwerk jeglichen Hinweis auf diesen Lizenzgeber oder diesen Urheber entfernen.
Sie dürfen die in Ziffer 3 erteilten Befugnisse in keiner Weise verwenden, die überwiegend auf einen geschäftlichen Vorteil oder eine vertraglich geschuldete geldwerte Vergütung abzielt oder darauf gerichtet ist.
Wenn Sie den Schutzgegenstand oder ein Sammelwerk vervielfältigen, verbreiten oder im Sinne von Ziffer 3.b. dieses Vertrags öffentlich wiedergeben, müssen Sie alle Urhebervermerke für den Schutzgegenstand unverändert lassen und die Urheberschaft oder Rechtsinhaberschaft in einer der von Ihnen vorgenommenen Nutzung angemessenen Form anerkennen, indem Sie den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Urhebers oder Rechtsinhabers nennen, wenn dieser angegeben ist. Dies gilt auch für den Titel des Schutzgegenstandes, wenn dieser angegeben ist, sowie - in einem vernünftigerweise durchführbaren Umfang - für die mit dem Schutzgegenstand zu verbindende vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI), wie sie der Lizenzgeber angegeben hat, sofern dies geschehen ist, es sei denn, diese Internetadresse verweist nicht auf den Urhebervermerk oder die Lizenzinformationen zu dem Schutzgegenstand.
Obwohl die gemäß Ziffer 3 erteilten Befugnisse in umfassender Weise ausgeübt werden dürfen, findet diese Erlaubnis ihre gesetzliche Grenze in den Persönlichkeitsrechten sowie im Schutz der berechtigten geistigen Interessen der Urheber und ausübenden Künstler, die nicht dadurch gefährdet werden dürfen, dass ein Schutzgegenstand über das gesetzlich zulässige Maß hinaus beeinträchtigt wird.
5. Gewährleistung.
Sofern dies von den Vertragsparteien nicht schriftlich anders vereinbart wurde, bietet der Lizenzgeber keine Gewährleistung für die in diesem Lizenzvertrag erteilte Nutzungsbewilligung. Für Mängel anderer Art, insbesondere bei der mangelhaften Lieferung von Verkörperungen des Schutzgegenstandes, richtet sich die Gewährleistung nach der Regelung, die die Person, die Ihnen den Schutzgegenstand zur Verfügung stellt, mit Ihnen außerhalb der Lizenz vereinbart, oder - wenn eine solche Regelung nicht getroffen wurde - nach den gesetzlichen Vorschriften.
6. Haftung. Über die in Ziffer 5 genannte Gewährleistung hinaus haftet Ihnen der Lizenzgeber bezüglich Schäden, die in Verbindung mit der Erteilung der Nutzungsbewilligung entstehen, nur für Vorsatz. Für Geschäfte zwischen Unternehmern und Verbrauchern im Sinne des österreichischen Konsumentenschutzgesetzes gilt die Abweichung, dass nur die Haftung für leichte Fahrlässigkeit bei anderen Schäden als Personenschäden ausgeschlossen ist.
7. Vertragsende
Dieser Lizenzvertrag und die durch diesen erteilten Befugnisse enden automatisch bei jeder Verletzung der Vertragsbedingungen durch Sie. Die Ziffern 1, 2, 5, 6, 7 und 8 gelten bei einer Vertragsbeendigung fort.
Unter den oben genannten Bedingungen erfolgt die Lizenz dauerhaft (für die Dauer des Urheberrechts oder verwandten Schutzrechts). Dennoch behält sich der Lizenzgeber das Recht vor, den Schutzgegenstand unter anderen Lizenzbedingungen zu nutzen oder die eigene Weitergabe des Schutzgegenstandes jederzeit zu beenden, vorausgesetzt, dass solche Handlungen nicht dem Widerruf dieser Lizenz dienen (oder jeder anderen Lizenzierung, die auf Grundlage dieser Lizenz erfolgt ist oder erfolgen muss) und diese Lizenz wirksam bleibt, bis sie unter den oben genannten Voraussetzungen endet.
8. Schlussbestimmungen
Jedes Mal, wenn Sie den Schutzgegenstand vervielfältigen, verbreiten oder im Sinne von Ziffer 3.b. dieses Vertrags öffentlich wiedergeben, bietet der Lizenzgeber dem Erwerber eine Lizenz für den Schutzgegenstand unter denselben Vertragsbedingungen an, unter denen er Ihnen die Lizenz erteilt hat.
Sollte eine Bestimmung dieses Lizenzvertrages unwirksam sein, so wird die Wirksamkeit der übrigen Lizenzbestimmungen dadurch nicht berührt und an die Stelle der unwirksamen Bestimmung tritt die wirksame Bestimmung, die dem mit der unwirksamen Bestimmung angestrebten Zweck am nächsten kommt.
Nichts soll dahingehend ausgelegt werden, dass auf eine Bestimmung dieses Lizenzvertrages verzichtet oder einer Vertragsverletzung zugestimmt wird, so lange ein solcher Verzicht oder eine solche Zustimmung nicht schriftlich vorliegt und von der verzichtenden oder zustimmenden Vertragspartei unterschrieben ist.
Dieser Lizenzvertrag stellt die vollständige Vereinbarung zwischen den Vertragsparteien hinsichtlich des Schutzgegenstandes dar. Es gibt keine weiteren ergänzenden Vereinbarungen oder mündlichen Abreden im Hinblick auf den Schutzgegenstand. Der Lizenzgeber ist an keine zusätzlichen Abreden gebunden, die aus irgendeiner Absprache mit Ihnen entstehen könnten. Der Lizenzvertrag kann nicht ohne eine übereinstimmende schriftliche Vereinbarung zwischen dem Lizenzgeber und Ihnen abgeändert werden.
Auf diesen Lizenzvertrag findet das Recht der Bundesrepublik Österreich Anwendung.
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Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
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Creative Commons Namensnennung - Keine kommerzielle Nutzung - Keine Bearbeitungen 3.0 Deutschland
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Abwandlung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange die eigenpersönlichen Züge des Schutzgegenstandes darin nicht verblassen und daran eigene Schutzrechte entstehen. Das kann insbesondere eine Bearbeitung, Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Abwandlung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Benutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit anzubieten oder in Verkehr zu bringen.
d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person oder Gruppe von Personen, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und bei dem eine Einräumung von Nutzungsrechten oder eine Weiterübertragung an Dritte möglich ist.
f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine persönliche geistige Schöpfung jeglicher Art, ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
g. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz eines vorherigen Verstoßes auszuüben.
h. Unter "Öffentlich Zeigen" im Sinne dieser Lizenz sind Veröffentlichungen und Präsentationen des Schutzgegenstandes zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und in unkörperlicher Form mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung, zeit- und ortsunabhängiger Zugänglichmachung oder in körperlicher Form mittels Ausstellung erfolgen, unabhängig von bestimmten Veranstaltungen und unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, mittels beliebiger Verfahren Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch den Vorgang, erstmals körperliche Fixierungen des Schutzgegenstandes sowie Vervielfältigungsstücke dieser Fixierungen anzufertigen, sowie die Übertragung des Schutzgegenstandes auf einen Bild- oder Tonträger oder auf ein anderes elektronisches Medium, gleichviel ob in digitaler oder analoger Form.
2. Schranken des Immaterialgüterrechts. Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die Ihnen aufgrund der Schranken des Urheberrechts oder anderer Rechtsnormen bereits ohne Weiteres zustehen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Einräumung von Nutzungsrechten. Unter den Bedingungen dieser Lizenz räumt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 4.e) - das vergütungsfreie, räumlich und zeitlich (für die Dauer des Schutzrechts am Schutzgegenstand) unbeschränkte einfache Recht ein, den Schutzgegenstand auf die folgenden Arten und Weisen zu nutzen ("unentgeltlich eingeräumtes einfaches Nutzungsrecht für jedermann"):
a. den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich zu zeigen und zu verbreiten.
Das vorgenannte Nutzungsrecht wird für alle bekannten sowie für alle noch nicht bekannten Nutzungsarten eingeräumt. Es beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Weitergehende Änderungen oder Abwandlungen sind jedoch untersagt. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich durch den Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf sämtliche aus diesem Schutz resultierenden Rechte.
4. Bedingungen. Die Einräumung des Nutzungsrechts gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich zeigen. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.a) gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.c) aufgezählten Hinweise entfernen.
b. Die Rechteeinräumung gemäß Abschnitt 3 gilt nur für Handlungen, die nicht vorrangig auf einen geschäftlichen Vorteil oder eine geldwerte Vergütung gerichtet sind ("nicht-kommerzielle Nutzung", "Non-commercial-Option"). Wird Ihnen in Zusammenhang mit dem Schutzgegenstand dieser Lizenz ein anderer Schutzgegenstand überlassen, ohne dass eine vertragliche Verpflichtung hierzu besteht (etwa im Wege von File-Sharing), so wird dies nicht als auf geschäftlichen Vorteil oder geldwerte Vergütung gerichtet angesehen, wenn in Verbindung mit dem Austausch der Schutzgegenstände tatsächlich keine Zahlung oder geldwerte Vergütung geleistet wird.
c. Die Verbreitung und das öffentliche Zeigen des Schutzgegenstandes oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers und / oder, falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand.
Die nach diesem Abschnitt 4.c) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung mehrerer Rechteinhaber dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Lizenzgebers und / oder des Zuschreibungsempfängers weder explizit noch implizit irgendeine Verbindung zum Lizenzgeber oder Zuschreibungsempfänger und ebenso wenig eine Unterstützung oder Billigung durch ihn andeuten.
d. Die oben unter 4.a) bis c) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechende Vergütung einzuziehen für jede Ausübung eines Rechts aus dieser Lizenz durch Sie.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, behält sich der Lizenzgeber das ausschließliche Recht auf Einziehung der entsprechenden Vergütung für den Fall vor, dass Sie eine Nutzung des Schutzgegenstandes für andere als die in Abschnitt 4.b) als nicht-kommerziell definierten Zwecke vornehmen, verzichtet für alle übrigen, lizenzgerechten Fälle von Nutzung jedoch auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Einziehung der Vergütung durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre. Der Lizenzgeber behält sich jedoch das ausschließliche Recht auf Einziehung der entsprechenden Vergütung (durch ihn selbst oder eine Verwertungsgesellschaft) für den Fall vor, dass Sie eine Nutzung des Schutzgegenstandes für andere als die in Abschnitt 4.b) als nicht-kommerziell definierten Zwecke vornehmen.
f. Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE EINRÄUMUNG VON RECHTEN UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN. DIESE GEWÄHRLEISTUNGSBESCHRÄNKUNG GILT NICHT, SOWEIT MÄNGEL ZU SCHÄDEN DER IN ABSCHNITT 6 BEZEICHNETEN ART FÜHREN UND AUF SEITEN DES LIZENZGEBERS DAS JEWEILS GENANNTE VERSCHULDEN BZW. VERTRETENMÜSSEN EBENFALLS VORLIEGT.
6. Haftungsbeschränkung
DER LIZENZGEBER HAFTET IHNEN GEGENÜBER IN BEZUG AUF SCHÄDEN AUS DER VERLETZUNG DES LEBENS, DES KÖRPERS ODER DER GESUNDHEIT NUR, SOFERN IHM WENIGSTENS FAHRLÄSSIGKEIT VORZUWERFEN IST, FÜR SONSTIGE SCHÄDEN NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG.
7. Erlöschen
a. Diese Lizenz und die durch sie eingeräumten Nutzungsrechte erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die den Schutzgegenstand enthaltende Sammelwerke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
c. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
d. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß Ziffern 8.a) angeboteten Lizenzen aus.
e. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. THE LICENSOR IS NOT NECESSARILY AN INTERGOVERNMENTAL ORGANIZATION (IGO), AS DEFINED IN THE LICENSE BELOW.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("LICENSE"). THE LICENSOR (DEFINED BELOW) HOLDS COPYRIGHT AND OTHER RIGHTS IN THE WORK. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
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c. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License and may be, but is not necessarily, an IGO.
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e. "Reproduce" means to make a copy of the Work in any manner or form, and by any means.
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h. "Adaptation" means a work derived from or based upon the Work, or upon the Work and other pre-existing works. Adaptations may include works such as translations, derivative works, or any alterations and arrangements of any kind involving the Work. For purposes of this License, where the Work is a musical work, performance, or phonogram, the synchronization of the Work in timed-relation with a moving image is an Adaptation. For the avoidance of doubt, including the Work in a Collection is not an Adaptation.
i. "Collection" means a collection of literary or artistic works or other works or subject matter other than works listed in Section 1(b) which by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. For the avoidance of doubt, a Collection will not be considered as an Adaptation.
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3. License Grant. Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non-exclusive license to exercise the rights in the Work as follows:
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This License lasts for the duration of the term of the copyright in the Work licensed by the Licensor. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Adaptations. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work (see section 8(a)). You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from a Licensor You must, to the extent practicable, remove from the Collection any credit (inclusive of any logo, trademark, official mark or official emblem) as required by Section 4(c), as requested.
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e. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). Interpretation of the scope of the rights granted by the Licensor and the conditions imposed on You under this License, this License, and the rights and conditions set forth herein shall be made with reference to copyright as determined in accordance with general principles of international law, including the above mentioned conventions.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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Creative Commons Namensnennung — Nicht-kommerziell — Weitergabe unter gleichen Bedingungen 2.0
CREATIVE COMMONS IST KEINE RECHTSANWALTSGESELLSCHAFT UND LEISTET KEINE RECHTSBERATUNG. DIE WEITERGABE DIESES LIZENZENTWURFES FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS ERBRINGT DIESE INFORMATIONEN OHNE GEWÄHR. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS IHREM GEBRAUCH ERGEBEN.
Lizenzvertrag
DAS URHEBERRECHTLICH GESCHÜTZTE WERK ODER DER SONSTIGE SCHUTZGEGENSTAND (WIE UNTEN BESCHRIEBEN) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE („CCPL“ ODER „LIZENZVERTRAG“) ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER EINSCHLÄGIGE GESETZE GESCHÜTZT.
DURCH DIE AUSÜBUNG EINES DURCH DIESEN LIZENZVERTRAG GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. DER LIZENZGEBER RÄUMT IHNEN DIE HIER BESCHRIEBENEN RECHTE UNTER DER VORAUSSETZUNGEIN, DASS SIE SICH MIT DIESEN VERTRAGSBEDINGUNGEN EINVERSTANDEN ERKLÄREN.
1. Definitionen
a. Unter einer „Bearbeitung“ wird eine Übersetzung oder andere Bearbeitung des Werkes verstanden, die Ihre persönliche geistige Schöpfung ist. Eine freie Benutzung des Werkes wird nicht als Bearbeitung angesehen.
b. Unter den „Lizenzelementen“ werden die folgenden Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt und in der Bezeichnung der Lizenz genannt werden: „Namensnennung“, „Nicht-kommerziell“, „Weitergabe unter gleichen Bedingungen“.
c. Unter dem „Lizenzgeber“ wird die natürliche oder juristische Person verstanden, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet.
d. Unter einem „Sammelwerk“ wird eine Sammlung von Werken, Daten oder anderen unabhängigen Elementen verstanden, die aufgrund der Auswahl oder Anordnung der Elemente eine persönliche geistige Schöpfung ist. Darunter fallen auch solche Sammelwerke, deren Elemente systematisch oder methodisch angeordnet und einzeln mit Hilfe elektronischer Mittel oder auf andere Weise zugänglich sind (Datenbankwerke). Ein Sammelwerk wird im Zusammenhang mit dieser Lizenz nicht als Bearbeitung (wie oben beschrieben) angesehen.
e. Mit „SIE“ und „Ihnen“ ist die natürliche oder juristische Person gemeint, die die durch diese Lizenz gewährten Nutzungsrechte ausübt und die zuvor die Bedingungen dieser Lizenz im Hinblick auf das Werk nicht verletzt hat, oder die die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz einer vorherigen Verletzung auszuüben.
f. Unter dem „Schutzgegenstand“wird das Werk oder Sammelwerk oder das Schutzobjekt eines verwandten Schutzrechts, das Ihnen unter den Bedingungen dieser Lizenz angeboten wird, verstanden
g. Unter dem „Urheber“ wird die natürliche Person verstanden, die das Werk geschaffen hat.
h. Unter einem „verwandten Schutzrecht“ wird das Recht an einem anderen urheberrechtlichen Schutzgegenstand als einem Werk verstanden, zum Beispiel einer wissenschaftlichen Ausgabe, einem nachgelassenen Werk, einem Lichtbild, einer Datenbank, einem Tonträger, einer Funksendung, einem Laufbild oder einer Darbietung eines ausübenden Künstlers.
i. Unter dem „Werk“ wird eine persönliche geistige Schöpfung verstanden, die Ihnen unter den Bedingungen dieser Lizenz angeboten wird.
2. Schranken des Urheberrechts. Diese Lizenz lässt sämtliche Befugnisse unberührt, die sich aus den Schranken des Urheberrechts,aus dem Erschöpfungsgrundsatz oder anderen Beschränkungen der Ausschließlichkeitsrechte des Rechtsinhabers ergeben.
3. Lizenzierung. Unter den Bedingungen dieses Lizenzvertrages räumt Ihnen der Lizenzgeber ein lizenzgebührenfreies, räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts) unbeschränktes einfaches Nutzungsrecht ein, den Schutzgegenstand in der folgenden Art und Weise zu nutzen:
a. den Schutzgegenstand in körperlicher Form zu verwerten, insbesondere zu vervielfältigen, zu verbreiten und auszustellen;
b. den Schutzgegenstand in unkörperlicher Form öffentlich wiederzugeben, insbesondere vorzutragen, aufzuführen und vorzuführen, öffentlich zugänglich zu machen, zu senden, durch Bild- und Tonträger wiederzugeben sowie Funksendungen und öffentliche Zugänglichmachungen wiederzugeben;
c. den Schutzgegenstand auf Bild- oder Tonträger aufzunehmen, Lichtbilder davon herzustellen, weiterzusenden und in dem in a. und b. genannten Umfang zu verwerten;
d. den Schutzgegenstand zu bearbeiten oder in anderer Weise umzugestalten und die Bearbeitungen zu veröffentlichen und in dem in a. bis c. genannten Umfang zu verwerten;
Die genannten Nutzungsrechte können für alle bekannten Nutzungsarten ausgeübt werden. Die genannten Nutzungsrechte beinhalten das Recht, solche Veränderungen an dem Werk vorzunehmen, die technisch erforderlich sind, um die Nutzungsrechte für alle Nutzungsarten wahrzunehmen. Insbesondere sind davon die Anpassung an andere Medien und auf andere Dateiformate umfasst.
4. Beschränkungen. Die Einräumung der Nutzungsrechte gemäß Ziffer 3 erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz vervielfältigen, verbreiten oder öffentlich wiedergeben, und Sie müssen stets eine Kopie oder die vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) dieser Lizenz beifügen, wenn Sie den Schutzgegenstandvervielfältigen, verbreiten oder öffentlich wiedergeben. Sie dürfen keine Vertragsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch sie gewährten Rechte ändern oder beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Sie müssen alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Sie dürfen den Schutzgegenstand mit keinen technischen Schutzmaßnahmen versehen, die den Zugang oder den Gebrauch des Schutzgegenstandes in einer Weise kontrollieren, die mit den Bedingungen dieser Lizenz im Widerspruch stehen. Die genannten Beschränkungen gelten auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet; sie verlangen aber nicht, dass das Sammelwerk insgesamt zum Gegenstand dieser Lizenz gemacht wird. Wenn Sie ein Sammelwerk erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines Lizenzgebers oder Urhebers hin aus dem Sammelwerk jeglichen Hinweis auf diesen Lizenzgeber oder diesen Urheber entfernen. Wenn Sie den Schutzgegenstand bearbeiten, müssen Sie - soweit dies praktikabel ist- auf die Aufforderung eines Rechtsinhabers hin von der Bearbeitung jeglichen Hinweis auf diesen Rechtsinhaber entfernen.
b. Sie dürfen eine Bearbeitung ausschließlich unter den Bedingungen dieser Lizenz, einer späteren Version dieser Lizenz mit denselben Lizenzelementen wie diese Lizenz oder einer Creative Commons iCommons Lizenz, die dieselben Lizenzelemente wie diese Lizenz enthält (z.B. Namensnennung - Nicht-kommerziell - Weitergabe unter gleichen Bedingungen 2.0 Japan), vervielfältigen, verbreiten oder öffentlich wiedergeben. Sie müssen stets eine Kopie oder die Internetadresse in Form des Uniform-Resource-Identifier (URI) dieser Lizenz oder einer anderen Lizenz der im vorhergehenden Satz beschriebenen Art beifügen, wenn Sie die Bearbeitung vervielfältigen, verbreiten oder öffentlich wiedergeben. Sie dürfen keine Vertragsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch sie gewährten Rechte ändern oder beschränken, und Sie müssen alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Sie dürfen eine Bearbeitung nicht mit technischen Schutzmaßnahmen versehen, die den Zugang oder den Gebrauch der Bearbeitung in einer Weise kontrollieren, die mit den Bedingungen dieser Lizenz im Widerspruch stehen. Die genannten Beschränkungen gelten auch für eine Bearbeitung als Bestandteil eines Sammelwerkes; sie erfordern aber nicht, dass das Sammelwerk insgesamt zum Gegenstand dieser Lizenz gemacht wird.
c. Sie dürfen die in Ziffer 3 gewährten Nutzungsrechte in keiner Weise verwenden, die hauptsächlich auf einen geschäftlichen Vorteil oder eine vertraglich geschuldete geldwerte Vergütung abzielt oder darauf gerichtet ist. Erhalten Sie im Zusammenhang mit der Einräumung der Nutzungsrechte ebenfalls einen Schutzgegenstand, ohne dass eine vertragliche Verpflichtung hierzu besteht, so wird dies nicht als geschäftlicher Vorteil oder vertraglich geschuldete geldwerte Vergütung angesehen, wenn keine Zahlung oder geldwerte Vergütung in Verbindung mit dem Austausch der Schutzgegenstände geleistet wird (z.B. File-Sharing).
d. Wenn Sie den Schutzgegenstand oder eine Bearbeitung oder ein Sammelwerk vervielfältigen, verbreiten oder öffentlich wiedergeben, müssen Sie alle Urhebervermerke für den Schutzgegenstand unverändert lassen und die Urheberschaft oder Rechtsinhaberschaft in einer der von Ihnen vorgenommenen Nutzung angemessenen Form anerkennen, indem Sie den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Urhebers oder Rechteinhabers nennen, wenn dieser angegeben ist. Dies gilt auch für den Titel des Schutzgegenstandes, wenn dieser angeben ist, sowie - in einem vernünftigerweise durchführbaren Umfang - für die mit dem Schutzgegenstand zu verbindende Internetadresse in Form des Uniform-Resource-Identifier (URI), wie sie der Lizenzgeber angegeben hat, sofern dies geschehen ist, es sei denn, diese Internetadresse verweist nicht auf den Urhebervermerk oder die Lizenzinformationen zu dem Schutzgegenstand. Bei einer Bearbeitung ist ein Hinweis darauf aufzuführen, in welcher Form der Schutzgegenstand in die Bearbeitung eingegangen ist (z.B. „Französische Übersetzung des ... (Werk) durch ... (Urheber)“ oder „Das Drehbuch beruht auf dem Werk des ... (Urheber)“). Ein solcher Hinweis kann in jeder angemessenen Weise erfolgen, wobei jedoch bei einer Bearbeitung, einer Datenbank oder einem Sammelwerk der Hinweis zumindest an gleicher Stelle und in ebenso auffälliger Weise zu erfolgen hat wie vergleichbare Hinweise auf andere Rechtsinhaber.
e. Obwohl die gemäss Ziffer 3 gewährten Nutzungsrechte in umfassender Weise ausgeübt werden dürfen, findet diese Erlaubnis ihre gesetzliche Grenze in den Persönlichkeitsrechten der Urheber und ausübenden Künstler, deren berechtigte geistige und persönliche Interessen bzw. deren Ansehen oder Ruf nicht dadurch gefährdet werden dürfen, dass ein Schutzgegenstand über das gesetzlich zulässige Maß hinaus beeinträchtigt wird.
5. Gewährleistung. Sofern dies von den Vertragsparteien nicht anderweitig schriftlich vereinbart,, bietet der Lizenzgeber keine Gewährleistung für die erteilten Rechte, außer für den Fall, dass Mängel arglistig verschwiegen wurden. Für Mängel anderer Art, insbesondere bei der mangelhaften Lieferung von Verkörperungen des Schutzgegenstandes, richtet sich die Gewährleistung nach der Regelung, die die Person, die Ihnen den Schutzgegenstand zur Verfügung stellt, mit Ihnen außerhalb dieser Lizenz vereinbart, oder - wenn eine solche Regelung nicht getroffen wurde - nach den gesetzlichen Vorschriften.
6. Haftung. Über die in Ziffer 5 genannte Gewährleistung hinaus haftet Ihnen der Lizenzgeber nur für Vorsatz und grobe Fahrlässigkeit.
7. Vertragsende
a. Dieser Lizenzvertrag und die durch ihn eingeräumten Nutzungsrechte enden automatisch bei jeder Verletzung der Vertragsbedingungen durch Sie. Für natürliche und juristische Personen, die von Ihnen eine Bearbeitung, eine Datenbank oder ein Sammelwerk unter diesen Lizenzbedingungen erhalten haben, gilt die Lizenz jedoch weiter, vorausgesetzt, diese natürlichen oder juristischen Personen erfüllen sämtliche Vertragsbedingungen. Die Ziffern 1, 2, 5, 6, 7 und 8 gelten bei einer Vertragsbeendigung fort.
b. Unter den oben genannten Bedingungen erfolgt die Lizenz auf unbegrenzte Zeit (für die Dauer des Schutzrechts). Dennoch behält sich der Lizenzgeber das Recht vor, den Schutzgegenstand unter anderen Lizenzbedingungen zu nutzen oder die eigene Weitergabe des Schutzgegenstandes jederzeit zu beenden, vorausgesetzt, dass solche Handlungen nicht dem Widerruf dieser Lizenz dienen (oder jeder anderen Lizenzierung, die auf Grundlage dieser Lizenz erfolgt ist oder erfolgen muss) und diese Lizenz wirksam bleibt, bis Sie unter den oben genannten Voraussetzungen endet.
8. Schlussbestimmungen
a. Jedes Mal, wenn Sie den Schutzgegenstand vervielfältigen, verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Erwerber eine Lizenz für den Schutzgegenstand unter denselben Vertragsbedingungen an, unter denen er Ihnen die Lizenz eingeräumt hat.
b. Jedes Mal, wenn Sie eine Bearbeitung vervielfältigen, verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Erwerber eine Lizenz für den ursprünglichen Schutzgegenstand unter denselben Vertragsbedingungen an, unter denen er Ihnen die Lizenz eingeräumt hat.
c. Sollte eine Bestimmung dieses Lizenzvertrages unwirksam sein, so wird die Wirksamkeit der übrigen Lizenzbestimmungen dadurch nicht berührt, und an die Stelle der unwirksamen Bestimmung tritt eine Ersatzregelung, die dem mit der unwirksamen Bestimmung angestrebten Zweck am nächsten kommt.
d. Nichts soll dahingehend ausgelegt werden, dass auf eine Bestimmung dieses Lizenzvertrages verzichtet oder einer Vertragsverletzung zugestimmt wird, so lange ein solcher Verzicht oder eine solche Zustimmung nicht schriftlich vorliegen und von der verzichtenden oder zustimmenden Vertragspartei unterschrieben sind
e. Dieser Lizenzvertrag stellt die vollständige Vereinbarung zwischen den Vertragsparteien hinsichtlich des Schutzgegenstandes dar. Es gibt keine weiteren ergänzenden Vereinbarungen oder mündlichen Abreden im Hinblick auf den Schutzgegenstand. Der Lizenzgeber ist an keine zusätzlichen Abreden gebunden, die aus irgendeiner Absprache mit Ihnen entstehen könnten. Der Lizenzvertrag kann nicht ohne eine übereinstimmende schriftliche Vereinbarung zwischen dem Lizenzgeber und Ihnen abgeändert werden.
f. Auf diesen Lizenzvertrag findet das Recht der Bundesrepublik Deutschland Anwendung.
CREATIVE COMMONS IST KEINE VERTRAGSPARTEI DIESES LIZENZVERTRAGES UND ÜBERNIMMT KEINERLEI GEWÄHRLEISTUNG FÜR DAS WERK. CREATIVE COMMONS IST IHNEN ODER DRITTEN GEGENÜBER NICHT HAFTBAR FÜR SCHÄDEN JEDWEDER ART. UNGEACHTET DER VORSTEHENDEN ZWEI (2) SÄTZE HAT CREATIVE COMMONS ALL RECHTE UND PFLICHTEN EINES LIZENSGEBERS, WENN SICH CREATIVE COMMONS AUSDRÜCKLICH ALS LIZENZGEBER BEZEICHNET.
AUSSER FÜR DEN BESCHRÄNKTEN ZWECK EINES HINWEISES AN DIE ÖFFENTLICHKEIT, DASS DAS WERK UNTER DER CCPL LIZENSIERT WIRD, DARF KENIE VERTRAGSPARTEI DIE MARKE “CREATIVE COMMONS” ODER EINE ÄHNLICHE MARKE ODER DAS LOGO VON CREATIVE COMMONS OHNE VORHERIGE GENEHMIGUNG VON CREATIVE COMMONS NUTZEN. JEDE GESTATTETE NUTZUNG HAT IN ÜBREEINSTIMMUNG MIT DEN JEWEILS GÜLTIGEN NUTZUNGSBEDINGUNGEN FÜR MARKEN VON CREATIVE COMMONS ZU ERFOLGEN, WIE SIE AUF DER WEBSITE ODER IN ANDERER WEISE AUF ANFRAGE VON ZEIT ZU ZEIT ZUGÄNGLICH GEMACHT WERDEN.
CREATIVE COMMONS KANN UNTER https://creativecommons.org KONTAKTIERT WERDEN.
Creative Commons Paternité - Pas d'Utilisation Commerciale - Partage Des Conditions Initiales A l'Identique 2.0
Creative Commons n'est pas un cabinet d'avocats et ne fournit pas de services de conseil juridique. La distribution de la présente version de ce contrat ne crée aucune relation juridique entre les parties au contrat présenté ci-après et Creative Commons. Creative Commons fournit cette offre de contrat-type en l'état, à seule fin d'information. Creative Commons ne saurait être tenu responsable des éventuels préjudices résultant du contenu ou de l'utilisation de ce contrat.
Contrat
L'Oeuvre (telle que définie ci-dessous) est mise à disposition selon les termes du présent contrat appelé Contrat Public Creative Commons (dénommé ici « CPCC » ou « Contrat »). L'Oeuvre est protégée par le droit de la propriété littéraire et artistique (droit d'auteur, droits voisins, droits des producteurs de bases de données) ou toute autre loi applicable. Toute utilisation de l'Oeuvre autrement qu'explicitement autorisée selon ce Contrat ou le droit applicable est interdite.
L'exercice sur l'Oeuvre de tout droit proposé par le présent contrat vaut acceptation de celui-ci. Selon les termes et les obligations du présent contrat, la partie Offrante propose à la partie Acceptante l'exercice de certains droits présentés ci-après, et l'Acceptant en approuve les termes et conditions d'utilisation.
1. Définitions
a. « Oeuvre » : oeuvre de l'esprit protégeable par le droit de la propriété littéraire et artistique ou toute loi applicable et qui est mise à disposition selon les termes du présent Contrat.
b. « Oeuvre dite Collective » : une oeuvre dans laquelle l'oeuvre, dans sa forme intégrale et non modifiée, est assemblée en un ensemble collectif avec d'autres contributions qui constituent en elles-mêmes des oeuvres séparées et indépendantes. Constituent notamment des Oeuvres dites Collectives les publications périodiques, les anthologies ou les encyclopédies. Aux termes de la présente autorisation, une oeuvre qui constitue une Oeuvre dite Collective ne sera pas considérée comme une Oeuvre dite Dérivée (telle que définie ci-après).
c. « Oeuvre dite Dérivée » : une oeuvre créée soit à partir de l'Oeuvre seule, soit à partir de l'Oeuvre et d'autres oeuvres préexistantes. Constituent notamment des Oeuvres dites Dérivées les traductions, les arrangements musicaux, les adaptations théâtrales, littéraires ou cinématographiques, les enregistrements sonores, les reproductions par un art ou un procédé quelconque, les résumés, ou toute autre forme sous laquelle l'Oeuvre puisse être remaniée, modifiée, transformée ou adaptée, à l'exception d'une oeuvre qui constitue une Oeuvre dite Collective. Une Oeuvre dite Collective ne sera pas considérée comme une Oeuvre dite Dérivée aux termes du présent Contrat. Dans le cas où l'Oeuvre serait une composition musicale ou un enregistrement sonore, la synchronisation de l'oeuvre avec une image animée sera considérée comme une Oeuvre dite Dérivée pour les propos de ce Contrat.
d. « Auteur original » : la ou les personnes physiques qui ont créé l'Oeuvre.
e. « Offrant » : la ou les personne(s) physique(s) ou morale(s) qui proposent la mise à disposition de l'Oeuvre selon les termes du présent Contrat.
f. « Acceptant » : la personne physique ou morale qui accepte le présent contrat et exerce des droits sans en avoir violé les termes au préalable ou qui a reçu l'autorisation expresse de l'Offrant d'exercer des droits dans le cadre du présent contrat malgré une précédente violation de ce contrat.
g. « Options du Contrat » : les attributs génériques du Contrat tels qu'ils ont été choisis par l'Offrant et indiqués dans le titre de ce Contrat : Paternité - Pas d'Utilisation Commerciale - Partage Des Conditions Initiales A l'Identique.
2. Exceptions aux droits exclusifs. Aucune disposition de ce contrat n'a pour intention de réduire, limiter ou restreindre les prérogatives issues des exceptions aux droits, de l'épuisement des droits ou d'autres limitations aux droits exclusifs des ayants droit selon le droit de la propriété littéraire et artistique ou les autres lois applicables.
3. Autorisation. Soumis aux termes et conditions définis dans cette autorisation, et ceci pendant toute la durée de protection de l'Oeuvre par le droit de la propriété littéraire et artistique ou le droit applicable, l'Offrant accorde à l'Acceptant l'autorisation mondiale d'exercer à titre gratuit et non exclusif les droits suivants :
a. reproduire l'Oeuvre, incorporer l'Oeuvre dans une ou plusieurs Oeuvres dites Collectives et reproduire l'Oeuvre telle qu'incorporée dans lesdites Oeuvres dites Collectives;
b. créer et reproduire des Oeuvres dites Dérivées;
c. distribuer des exemplaires ou enregistrements, présenter, représenter ou communiquer l'Oeuvre au public par tout procédé technique, y compris incorporée dans des Oeuvres Collectives;
d. distribuer des exemplaires ou phonogrammes, présenter, représenter ou communiquer au public des Oeuvres dites Dérivées par tout procédé technique;
e. lorsque l'Oeuvre est une base de données, extraire et réutiliser des parties substantielles de l'Oeuvre.
Les droits mentionnés ci-dessus peuvent être exercés sur tous les supports, médias, procédés techniques et formats. Les droits ci-dessus incluent le droit d'effectuer les modifications nécessaires techniquement à l'exercice des droits dans d'autres formats et procédés techniques. L'exercice de tous les droits qui ne sont pas expressément autorisés par l'Offrant ou dont il n'aurait pas la gestion demeure réservé, notamment les mécanismes de gestion collective obligatoire applicables décrits à l'article 4(e).
4. Restrictions. L'autorisation accordée par l'article 3 est expressément assujettie et limitée par le respect des restrictions suivantes :
a. L'Acceptant peut reproduire, distribuer, représenter ou communiquer au public l'Oeuvre y compris par voie numérique uniquement selon les termes de ce Contrat. L'Acceptant doit inclure une copie ou l'adresse Internet (Identifiant Uniforme de Ressource) du présent Contrat à toute reproduction ou enregistrement de l'Oeuvre que l'Acceptant distribue, représente ou communique au public y compris par voie numérique. L'Acceptant ne peut pas offrir ou imposer de conditions d'utilisation de l'Oeuvre qui altèrent ou restreignent les termes du présent Contrat ou l'exercice des droits qui y sont accordés au bénéficiaire. L'Acceptant ne peut pas céder de droits sur l'Oeuvre. L'Acceptant doit conserver intactes toutes les informations qui renvoient à ce Contrat et à l'exonération de responsabilité. L'Acceptant ne peut pas reproduire, distribuer, représenter ou communiquer au public l'Oeuvre, y compris par voie numérique, en utilisant une mesure technique de contrôle d'accès ou de contrôle d'utilisation qui serait contradictoire avec les termes de cet Accord contractuel. Les mentions ci-dessus s'appliquent à l'Oeuvre telle qu'incorporée dans une Oeuvre dite Collective, mais, en dehors de l'Oeuvre en elle-même, ne soumettent pas l'Oeuvre dite Collective, aux termes du présent Contrat. Si l'Acceptant crée une Oeuvre dite Collective, à la demande de tout Offrant, il devra, dans la mesure du possible, retirer de l'Oeuvre dite Collective toute référence au dit Offrant, comme demandé. Si l'Acceptant crée une Oeuvre dite Collective, à la demande de tout Auteur, il devra, dans la mesure du possible, retirer de l'Oeuvre dite Collective toute référence au dit Auteur, comme demandé. Si l'Acceptant crée une Oeuvre dite Dérivée, à la demande de tout Offrant, il devra, dans la mesure du possible, retirer de l'Oeuvre dite Dérivée toute référence au dit Offrant, comme demandé. Si l'Acceptant crée une Oeuvre dite Dérivée, à la demande de tout Auteur, il devra, dans la mesure du possible, retirer de l'Oeuvre dite Dérivée toute référence au dit Auteur, comme demandé.
b. L'Acceptant peut reproduire, distribuer, représenter ou communiquer au public une Oeuvre dite Dérivée y compris par voie numérique uniquement sous les termes de ce Contrat, ou d'une version ultérieure de ce Contrat comprenant les mêmes Options du Contrat que le présent Contrat, ou un Contrat Creative Commons iCommons comprenant les mêmes Options du Contrat que le présent Contrat (par exemple Paternité - Pas d'Utilisation Commerciale - Partage Des Conditions Initiales A l'Identique 2.0 Japon). L'Acceptant doit inclure une copie ou l'adresse Internet (Identifiant Uniforme de Ressource) du présent Contrat, ou d'un autre Contrat tel que décrit à la phrase précédente, à toute reproduction ou enregistrement de l'Oeuvre dite Dérivée que l'Acceptant distribue, représente ou communique au public y compris par voie numérique. L'Acceptant ne peut pas offrir ou imposer de conditions d'utilisation sur l'Oeuvre dite Dérivée qui altèrent ou restreignent les termes du présent Contrat ou l'exercice des droits qui y sont accordés au bénéficiaire, et doit conserver intactes toutes les informations qui renvoient à ce Contrat et à l'avertissement sur les garanties. L'Acceptant ne peut pas reproduire, distribuer, représenter ou communiquer au public y compris par voie numérique l'Oeuvre dite Dérivée en utilisant une mesure technique de contrôle d'accès ou de contrôle d'utilisation qui serait contradictoire avec les termes de cet Accord contractuel. Les mentions ci-dessus s'appliquent à l'Oeuvre dite Dérivée telle qu'incorporée dans une Oeuvre dite Collective, mais, en dehors de l'Oeuvre dite Dérivée en elle-même, ne soumettent pas l'Oeuvre Collective, aux termes du présent Contrat.
c. L'Acceptant ne peut exercer aucun des droits conférés par l'article 3 avec l'intention ou l'objectif d'obtenir un profit commercial ou une compensation financière personnelle. L'échange de l'Oeuvre avec d'autres Oeuvres protégées par le droit de la propriété littéraire et artistique par le partage électronique de fichiers, ou par tout autre moyen, n'est pas considéré comme un échange avec l'intention ou l'objectif d'un profit commercial ou d'une compensation financière personnelle, dans la mesure où aucun paiement ou compensation financière n'intervient en relation avec l'échange d'Oeuvres protégées.
d. Si l'Acceptant reproduit, distribue, représente ou communique au public, y compris par voie numérique, l'Oeuvre ou toute Oeuvre dite Dérivée ou toute Oeuvre dite Collective, il doit conserver intactes toutes les informations sur le régime des droits et en attribuer la paternité à l'Auteur Original, de manière raisonnable au regard au médium ou au moyen utilisé. Il doit communiquer le nom de l'Auteur Original ou son éventuel pseudonyme s'il est indiqué ; le titre de l'Oeuvre Originale s'il est indiqué ; dans la mesure du possible, l'adresse Internet ou Identifiant Uniforme de Ressource (URI), s'il existe, spécifié par l'Offrant comme associé à l'Oeuvre, à moins que cette adresse ne renvoie pas aux informations légales (paternité et conditions d'utilisation de l'Oeuvre). Dans le cas d'une Oeuvre dite Dérivée, il doit indiquer les éléments identifiant l'utilisation l'Oeuvre dans l'Oeuvre dite Dérivée par exemple « Traduction anglaise de l'Oeuvre par l'Auteur Original » ou « Scénario basé sur l'Oeuvre par l'Auteur Original ». Ces obligations d'attribution de paternité doivent être exécutées de manière raisonnable. Cependant, dans le cas d'une Oeuvre dite Dérivée ou d'une Oeuvre dite Collective, ces informations doivent, au minimum, apparaître à la place et de manière aussi visible que celles à laquelle apparaissent les informations de même nature.
e. Dans le cas où une utilisation de l'Oeuvre serait soumise à un régime légal de gestion collective obligatoire, l'Offrant se réserve le droit exclusif de collecter ces redevances par l'intermédiaire de la société de perception et de répartition des droits compétente. Sont notamment concernés la radiodiffusion et la communication dans un lieu public de phonogrammes publiés à des fins de commerce, certains cas de retransmission par câble et satellite, la copie privée d'Oeuvres fixées sur phonogrammes ou vidéogrammes, la reproduction par reprographie.
5. Garantie et exonération de responsabilité
a. En mettant l'Oeuvre à la disposition du public selon les termes de ce Contrat, l'Offrant déclare de bonne foi qu'à sa connaissance et dans les limites d'une enquête raisonnable :
i. L'Offrant a obtenu tous les droits sur l'Oeuvre nécessaires pour pouvoir autoriser l'exercice des droits accordés par le présent Contrat, et permettre la jouissance paisible et l'exercice licite de ces droits, ceci sans que l'Acceptant n'ait aucune obligation de verser de rémunération ou tout autre paiement ou droits, dans la limite des mécanismes de gestion collective obligatoire applicables décrits à l'article 4(e);
ii. L'Oeuvre n'est constitutive ni d'une violation des droits de tiers, notamment du droit de la propriété littéraire et artistique, du droit des marques, du droit de l'information, du droit civil ou de tout autre droit, ni de diffamation, de violation de la vie privée ou de tout autre préjudice délictuel à l'égard de toute tierce partie.
b. A l'exception des situations expressément mentionnées dans le présent Contrat ou dans un autre accord écrit, ou exigées par la loi applicable, l'Oeuvre est mise à disposition en l'état sans garantie d'aucune sorte, qu'elle soit expresse ou tacite, y compris à l'égard du contenu ou de l'exactitude de l'Oeuvre.
6. Limitation de responsabilité. A l'exception des garanties d'ordre public imposées par la loi applicable et des réparations imposées par le régime de la responsabilité vis-à-vis d'un tiers en raison de la violation des garanties prévues par l'article 5 du présent contrat, l'Offrant ne sera en aucun cas tenu responsable vis-à-vis de l'Acceptant, sur la base d'aucune théorie légale ni en raison d'aucun préjudice direct, indirect, matériel ou moral, résultant de l'exécution du présent Contrat ou de l'utilisation de l'Oeuvre, y compris dans l'hypothèse où l'Offrant avait connaissance de la possible existence d'un tel préjudice.
7. Résiliation
a. Tout manquement aux termes du contrat par l'Acceptant entraîne la résiliation automatique du Contrat et la fin des droits qui en découlent. Cependant, le contrat conserve ses effets envers les personnes physiques ou morales qui ont reçu de la part de l'Acceptant, en exécution du présent contrat, la mise à disposition d'Oeuvres dites Dérivées, ou d'Oeuvres dites Collectives, ceci tant qu'elles respectent pleinement leurs obligations. Les sections 1, 2, 5, 6 et 7 du contrat continuent à s'appliquer après la résiliation de celui-ci.
b. Dans les limites indiquées ci-dessus, le présent Contrat s'applique pendant toute la durée de protection de l'Oeuvre selon le droit applicable. Néanmoins, l'Offrant se réserve à tout moment le droit d'exploiter l'Oeuvre sous des conditions contractuelles différentes, ou d'en cesser la diffusion; cependant, le recours à cette option ne doit pas conduire à retirer les effets du présent Contrat (ou de tout contrat qui a été ou doit être accordé selon les termes de ce Contrat), et ce Contrat continuera à s'appliquer dans tous ses effets jusqu'à ce que sa résiliation intervienne dans les conditions décrites ci-dessus.
8. Divers
a. A chaque reproduction ou communication au public par voie numérique de l'Oeuvre ou d'une Oeuvre dite Collective par l'Acceptant, l'Offrant propose au bénéficiaire une offre de mise à disposition de l'Oeuvre dans des termes et conditions identiques à ceux accordés à la partie Acceptante dans le présent Contrat.
b. A chaque reproduction ou communication au public par voie numérique d'une Oeuvre dite Dérivée par l'Acceptant, l'Offrant propose au bénéficiaire une offre de mise à disposition du bénéficiaire de l'Oeuvre originale dans des termes et conditions identiques à ceux accordés à la partie Acceptante dans le présent Contrat.
c. La nullité ou l'inapplicabilité d'une quelconque disposition de ce Contrat au regard de la loi applicable n'affecte pas celle des autres dispositions qui resteront pleinement valides et applicables. Sans action additionnelle par les parties à cet accord, lesdites dispositions devront être interprétées dans la mesure minimum nécessaire à leur validité et leur applicabilité.
d. Aucune limite, renonciation ou modification des termes ou dispositions du présent Contrat ne pourra être acceptée sans le consentement écrit et signé de la partie compétente.
e. Ce Contrat constitue le seul accord entre les parties à propos de l'Oeuvre mise ici à disposition. Il n'existe aucun élément annexe, accord supplémentaire ou mandat portant sur cette Oeuvre en dehors des éléments mentionnés ici. L'Offrant ne sera tenu par aucune disposition supplémentaire qui pourrait apparaître dans une quelconque communication en provenance de l'Acceptant. Ce Contrat ne peut être modifié sans l'accord mutuel écrit de l'Offrant et de l'Acceptant.
f. Le droit applicable est le droit français.
Creative Commons n'est pas partie à ce Contrat et n'offre aucune forme de garantie relative à l'Oeuvre. Creative Commons décline toute responsabilité à l'égard de l'Acceptant ou de toute autre partie, quel que soit le fondement légal de cette responsabilité et quel que soit le préjudice subi, direct, indirect, matériel ou moral, qui surviendrait en rapport avec le présent Contrat. Cependant, si Creative Commons s'est expressément identifié comme Offrant pour mettre une Oeuvre à disposition selon les termes de ce Contrat, Creative Commons jouira de tous les droits et obligations d'un Offrant.
A l'exception des fins limitées à informer le public que l'Oeuvre est mise à disposition sous CPCC, aucune des parties n'utilisera la marque « Creative Commons » ou toute autre indication ou logo afférent sans le consentement préalable écrit de Creative Commons. Toute utilisation autorisée devra être effectuée en conformité avec les lignes directrices de Creative Commons à jour au moment de l'utilisation, telles qu'elles sont disponibles sur son site Internet ou sur simple demande.
Creative Commons peut être contacté à https://creativecommons.org/.
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to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(e) and 4(f).
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
For the avoidance of doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Attribution-NonCommercial-ShareAlike 2.5
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License
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1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
"License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(e) and 4(f).
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(d), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(d), as requested.
You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
For the avoidance of doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Creative Commons Namensnennung - Keine kommerzielle Nutzung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Abwandlung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange die eigenpersönlichen Züge des Schutzgegenstandes darin nicht verblassen und daran eigene Schutzrechte entstehen. Das kann insbesondere eine Bearbeitung, Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Abwandlung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Benutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Abwandlungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit anzubieten oder in Verkehr zu bringen.
d. Unter "Lizenzelementen" werden im Sinne dieser Lizenz die folgenden übergeordneten Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt wurden und in der Bezeichnung der Lizenz zum Ausdruck kommen: "Namensnennung", "Keine kommerzielle Nutzung", "Weitergabe unter gleichen Bedingungen".
e. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
f. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person oder Gruppe von Personen, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und bei dem eine Einräumung von Nutzungsrechten oder eine Weiterübertragung an Dritte möglich ist.
g. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine persönliche geistige Schöpfung jeglicher Art, ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
h. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz eines vorherigen Verstoßes auszuüben.
i. Unter "Öffentlich Zeigen" im Sinne dieser Lizenz sind Veröffentlichungen und Präsentationen des Schutzgegenstandes zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und in unkörperlicher Form mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung, zeit- und ortsunabhängiger Zugänglichmachung oder in körperlicher Form mittels Ausstellung erfolgen, unabhängig von bestimmten Veranstaltungen und unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
j. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, mittels beliebiger Verfahren Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch den Vorgang, erstmals körperliche Fixierungen des Schutzgegenstandes sowie Vervielfältigungsstücke dieser Fixierungen anzufertigen, sowie die Übertragung des Schutzgegenstandes auf einen Bild- oder Tonträger oder auf ein anderes elektronisches Medium, gleichviel ob in digitaler oder analoger Form.
2. Schranken des Immaterialgüterrechts. Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die Ihnen aufgrund der Schranken des Urheberrechts oder anderer Rechtsnormen bereits ohne Weiteres zustehen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Einräumung von Nutzungsrechten. Unter den Bedingungen dieser Lizenz räumt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 4.f) - das vergütungsfreie, räumlich und zeitlich (für die Dauer des Schutzrechts am Schutzgegenstand) unbeschränkte einfache Recht ein, den Schutzgegenstand auf die folgenden Arten und Weisen zu nutzen ("unentgeltlich eingeräumtes einfaches Nutzungsrecht für jedermann"):
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. Abwandlungen des Schutzgegenstandes anzufertigen, einschließlich Übersetzungen unter Nutzung jedweder Medien, sofern deutlich erkennbar gemacht wird, dass es sich um Abwandlungen handelt;
c. den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich zu zeigen und zu verbreiten;
d. Abwandlungen des Schutzgegenstandes zu veröffentlichen, öffentlich zu zeigen und zu verbreiten.
Das vorgenannte Nutzungsrecht wird für alle bekannten sowie für alle noch nicht bekannten Nutzungsarten eingeräumt. Es beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich durch den Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf sämtliche aus diesem Schutz resultierenden Rechte.
4. Bedingungen. Die Einräumung des Nutzungsrechts gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich zeigen. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.a) gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.d) aufgezählten Hinweise entfernen. Wenn Sie eine Abwandlung vornehmen, müssen Sie auf die Mitteilung eines Lizenzgebers hin von der Abwandlung die in Abschnitt 4.d) aufgezählten Hinweise entfernen.
b. Sie dürfen eine Abwandlung ausschließlich unter den Bedingungen
i. dieser Lizenz,
ii. einer späteren Version dieser Lizenz mit denselben Lizenzelementen;
iii. einer rechtsordnungsspezifischen Creative-Commons-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts (z.B. Namensnennung - Keine kommerzielle Nutzung - Weitergabe unter gleichen Bedingungen 3.0 US) oder
iv. der Creative-Commons-Unported-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts
verbreiten oder öffentlich zeigen ("Verwendbare Lizenz").
Sie müssen stets eine Kopie der verwendbaren Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen, wenn Sie die Abwandlung verbreiten oder öffentlich zeigen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen der verwendbaren Lizenz oder die durch sie gewährten Rechte beschränken. Bei jeder Abwandlung, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise auf die verwendbare Lizenz und den Haftungsausschluss unverändert lassen. Wenn Sie die Abwandlung verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf die Abwandlung) keine technischen Maßnahmen ergreifen, die den Nutzer der Abwandlung in der Ausübung der ihm durch die verwendbare Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.b) gilt auch für den Fall, dass die Abwandlung einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt der verwendbaren Lizenz unterstellt werden muss.
c. Die Rechteeinräumung gemäß Abschnitt 3 gilt nur für Handlungen, die nicht vorrangig auf einen geschäftlichen Vorteil oder eine geldwerte Vergütung gerichtet sind ("nicht-kommerzielle Nutzung", "Non-commercial-Option"). Wird Ihnen in Zusammenhang mit dem Schutzgegenstand dieser Lizenz ein anderer Schutzgegenstand überlassen, ohne dass eine vertragliche Verpflichtung hierzu besteht (etwa im Wege von File-Sharing), so wird dies nicht als auf geschäftlichen Vorteil oder geldwerte Vergütung gerichtet angesehen, wenn in Verbindung mit dem Austausch der Schutzgegenstände tatsächlich keine Zahlung oder geldwerte Vergütung geleistet wird.
d. Die Verbreitung und das öffentliche Zeigen des Schutzgegenstandes oder auf ihm aufbauender Abwandlungen oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers und / oder, falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
iv. und im Falle einer Abwandlung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Abwandlung handelt.
Die nach diesem Abschnitt 4.d) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Abwandlung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung mehrerer Rechteinhaber dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Lizenzgebers und / oder des Zuschreibungsempfängers weder explizit noch implizit irgendeine Verbindung zum Lizenzgeber oder Zuschreibungsempfänger und ebenso wenig eine Unterstützung oder Billigung durch ihn andeuten.
e. Die oben unter 4.a) bis d) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
f. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechende Vergütung einzuziehen für jede Ausübung eines Rechts aus dieser Lizenz durch Sie.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, behält sich der Lizenzgeber das ausschließliche Recht auf Einziehung der entsprechenden Vergütung für den Fall vor, dass Sie eine Nutzung des Schutzgegenstandes für andere als die in Abschnitt 4.c) als nicht-kommerziell definierten Zwecke vornehmen, verzichtet für alle übrigen, lizenzgerechten Fälle von Nutzung jedoch auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Einziehung der Vergütung durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre. Der Lizenzgeber behält sich jedoch das ausschließliche Recht auf Einziehung der entsprechenden Vergütung (durch ihn selbst oder eine Verwertungsgesellschaft) für den Fall vor, dass Sie eine Nutzung des Schutzgegenstandes für andere als die in Abschnitt 4.c) als nicht-kommerziell definierten Zwecke vornehmen.
g. Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE EINRÄUMUNG VON RECHTEN UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN. DIESE GEWÄHRLEISTUNGSBESCHRÄNKUNG GILT NICHT, SOWEIT MÄNGEL ZU SCHÄDEN DER IN ABSCHNITT 6 BEZEICHNETEN ART FÜHREN UND AUF SEITEN DES LIZENZGEBERS DAS JEWEILS GENANNTE VERSCHULDEN BZW. VERTRETENMÜSSEN EBENFALLS VORLIEGT.
6. Haftungsbeschränkung
DER LIZENZGEBER HAFTET IHNEN GEGENÜBER IN BEZUG AUF SCHÄDEN AUS DER VERLETZUNG DES LEBENS, DES KÖRPERS ODER DER GESUNDHEIT NUR, SOFERN IHM WENIGSTENS FAHRLÄSSIGKEIT VORZUWERFEN IST, FÜR SONSTIGE SCHÄDEN NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG.
7. Erlöschen
a. Diese Lizenz und die durch sie eingeräumten Nutzungsrechte erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Abwandlungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Jedes Mal wenn Sie eine Abwandlung des Schutzgegenstandes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß Ziffern 8.a) und b) angeboteten Lizenzen aus.
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
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License
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b. If You fail to comply with this License, then this License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License. Notwithstanding the foregoing, this License reinstates automatically as of the date the violation is cured, provided it is cured within 30 days of You discovering the violation, or upon express reinstatement by the Licensor. For the avoidance of doubt, this Section 7(b) does not affect any rights the Licensor may have to seek remedies for violations of this License by You.
8. Miscellaneous
a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b Each time You Distribute or Publicly Perform an Adaptation, the Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the Licensor.
e. This License constitutes the entire agreement between You and the Licensor with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). Interpretation of the scope of the rights granted by the Licensor and the conditions imposed on You under this License, this License, and the rights and conditions set forth herein shall be made with reference to copyright as determined in accordance with general principles of international law, including the above mentioned conventions.
g. Nothing in this License constitutes or may be interpreted as a limitation upon or waiver of any privileges and immunities that may apply to the Licensor or You, including immunity from the legal processes of any jurisdiction, national court or other authority.
h. Where the Licensor is an IGO, any and all disputes arising under this License that cannot be settled amicably shall be resolved in accordance with the following procedure:
i. Pursuant to a notice of mediation communicated by reasonable means by either You or the Licensor to the other, the dispute shall be submitted to non-binding mediation conducted in accordance with rules designated by the Licensor in the copyright notice published with the Work, or if none then in accordance with those communicated in the notice of mediation. The language used in the mediation proceedings shall be English unless otherwise agreed.
ii. If any such dispute has not been settled within 45 days following the date on which the notice of mediation is provided, either You or the Licensor may, pursuant to a notice of arbitration communicated by reasonable means to the other, elect to have the dispute referred to and finally determined by arbitration. The arbitration shall be conducted in accordance with the rules designated by the Licensor in the copyright notice published with the Work, or if none then in accordance with the UNCITRAL Arbitration Rules as then in force. The arbitral tribunal shall consist of a sole arbitrator and the language of the proceedings shall be English unless otherwise agreed. The place of arbitration shall be where the Licensor has its headquarters. The arbitral proceedings shall be conducted remotely (e.g., via telephone conference or written submissions) whenever practicable.
iii. Interpretation of this License in any dispute submitted to mediation or arbitration shall be as set forth in Section 8(f), above.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
"Original Author" means the individual, individuals, entity or entities who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
"License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(e) and 4(f).
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(d), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(d), as requested.
You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under: (i) the terms of this License; (ii) a later version of this License with the same License Elements as this License; or, (iii) either the unported Creative Commons license or a Creative Commons license for another jurisdiction (either this or a later license version) that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 3.0 (Unported)) ("the Applicable License"). You must include a copy of, or the Uniform Resource Identifier for, the Applicable License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that restrict the terms of the Applicable License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the Applicable License. You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work, You may not impose any technological measures on the Derivative Work that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of the Applicable License.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
If You distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(d) may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
For the avoidance of doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), if Your public digital performance is primarily intended for or directed toward commercial advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above) from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons Notice
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.
Creative Commons may be contacted at https://creativecommons.org/.
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1. Definitions
a. "Adaptation" means a work based upon the Work, or upon the Work and
other pre-existing works, such as a translation, adaptation,
derivative work, arrangement of music or other alterations of a
literary or artistic work, or phonogram or performance and includes
cinematographic adaptations or any other form in which the Work may be
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b. "Collection" means a collection of literary or artistic works, such as
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broadcasts, or other works or subject matter other than works listed
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the individual, individuals, entity or entities who created the Work
or if no individual or entity can be identified, the publisher; and in
addition (i) in the case of a performance the actors, singers,
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performance or other sounds; and, (iii) in the case of broadcasts, the
organization that transmits the broadcast.
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form of its expression including digital form, such as a book,
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of the same nature; a dramatic or dramatico-musical work; a
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extent it is protected as a copyrightable work; or a work performed by
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considered a literary or artistic work.
h. "You" means an individual or entity exercising rights under this
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respect to the Work, or who has received express permission from the
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a. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
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including any translation in any medium, takes reasonable steps to
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modification could indicate "The original work has been modified.";
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d. to Distribute and Publicly Perform Adaptations.
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of this License. You must include a copy of, or the Uniform Resource
Identifier (URI) for, this License with every copy of the Work You
Distribute or Publicly Perform. You may not offer or impose any terms
on the Work that restrict the terms of this License or the ability of
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to the disclaimer of warranties with every copy of the Work You
Distribute or Publicly Perform. When You Distribute or Publicly
Perform the Work, You may not impose any effective technological
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Work from You to exercise the rights granted to that recipient under
the terms of the License. This Section 4(a) applies to the Work as
incorporated in a Collection, but this does not require the Collection
apart from the Work itself to be made subject to the terms of this
License. If You create a Collection, upon notice from any Licensor You
must, to the extent practicable, remove from the Collection any credit
as required by Section 4(d), as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the extent
practicable, remove from the Adaptation any credit as required by
Section 4(d), as requested.
b. You may Distribute or Publicly Perform an Adaptation only under: (i)
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the same License Elements as this License; (iii) a Creative Commons
jurisdiction license (either this or a later license version) that
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every copy of each Adaptation You Distribute or Publicly Perform. You
may not offer or impose any terms on the Adaptation that restrict the
terms of the Applicable License or the ability of the recipient of the
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and/or if the Original Author and/or Licensor designate another party
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attribution ("Attribution Parties") in Licensor's copyright notice,
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a credit identifying the use of the Work in the Adaptation (e.g.,
"French translation of the Work by Original Author," or "Screenplay
based on original Work by Original Author"). The credit required by
this Section 4(d) may be implemented in any reasonable manner;
provided, however, that in the case of a Adaptation or Collection, at
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authors of the Adaptation or Collection appears, then as part of these
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use the credit required by this Section for the purpose of attribution
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If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Attribution-NoDerivs 2.0
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works.
For the avoidance of doubt, where the work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Attribution-NoDerivs 2.5
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works.
For the avoidance of doubt, where the work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
Creative Commons Namensnennung - Keine Bearbeitungen 3.0 Deutschland
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Abwandlung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange die eigenpersönlichen Züge des Schutzgegenstandes darin nicht verblassen und daran eigene Schutzrechte entstehen. Das kann insbesondere eine Bearbeitung, Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Abwandlung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Benutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit anzubieten oder in Verkehr zu bringen.
d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person oder Gruppe von Personen, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und bei dem eine Einräumung von Nutzungsrechten oder eine Weiterübertragung an Dritte möglich ist.
f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine persönliche geistige Schöpfung jeglicher Art, ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
g. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz eines vorherigen Verstoßes auszuüben.
h. Unter "Öffentlich Zeigen" im Sinne dieser Lizenz sind Veröffentlichungen und Präsentationen des Schutzgegenstandes zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und in unkörperlicher Form mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung, zeit- und ortsunabhängiger Zugänglichmachung oder in körperlicher Form mittels Ausstellung erfolgen, unabhängig von bestimmten Veranstaltungen und unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, mittels beliebiger Verfahren Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch den Vorgang, erstmals körperliche Fixierungen des Schutzgegenstandes sowie Vervielfältigungsstücke dieser Fixierungen anzufertigen, sowie die Übertragung des Schutzgegenstandes auf einen Bild- oder Tonträger oder auf ein anderes elektronisches Medium, gleichviel ob in digitaler oder analoger Form.
2. Schranken des Immaterialgüterrechts. Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die Ihnen aufgrund der Schranken des Urheberrechts oder anderer Rechtsnormen bereits ohne Weiteres zustehen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Einräumung von Nutzungsrechten. Unter den Bedingungen dieser Lizenz räumt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.c) - das vergütungsfreie, räumlich und zeitlich (für die Dauer des Schutzrechts am Schutzgegenstand) unbeschränkte einfache Recht ein, den Schutzgegenstand auf die folgenden Arten und Weisen zu nutzen ("unentgeltlich eingeräumtes einfaches Nutzungsrecht für jedermann"):
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich zu zeigen und zu verbreiten.
c. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechende Vergütung einzuziehen für jede Ausübung eines Rechts aus dieser Lizenz durch Sie.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Einziehung der Vergütung durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
Das vorgenannte Nutzungsrecht wird für alle bekannten sowie für alle noch nicht bekannten Nutzungsarten eingeräumt. Es beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Weitergehende Änderungen oder Abwandlungen sind jedoch untersagt. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich durch den Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf sämtliche aus diesem Schutz resultierenden Rechte.
4. Bedingungen. Die Einräumung des Nutzungsrechts gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich zeigen. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.a) gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.b) aufgezählten Hinweise entfernen.
b. Die Verbreitung und das öffentliche Zeigen des Schutzgegenstandes oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers und / oder, falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand.
Die nach diesem Abschnitt 4.b) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung mehrerer Rechteinhaber dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Lizenzgebers und / oder des Zuschreibungsempfängers weder explizit noch implizit irgendeine Verbindung zum Lizenzgeber oder Zuschreibungsempfänger und ebenso wenig eine Unterstützung oder Billigung durch ihn andeuten.
c. Die oben unter 4.a) und b) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
d. Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE EINRÄUMUNG VON RECHTEN UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN. DIESE GEWÄHRLEISTUNGSBESCHRÄNKUNG GILT NICHT, SOWEIT MÄNGEL ZU SCHÄDEN DER IN ABSCHNITT 6 BEZEICHNETEN ART FÜHREN UND AUF SEITEN DES LIZENZGEBERS DAS JEWEILS GENANNTE VERSCHULDEN BZW. VERTRETENMÜSSEN EBENFALLS VORLIEGT.
6. Haftungsbeschränkung
DER LIZENZGEBER HAFTET IHNEN GEGENÜBER IN BEZUG AUF SCHÄDEN AUS DER VERLETZUNG DES LEBENS, DES KÖRPERS ODER DER GESUNDHEIT NUR, SOFERN IHM WENIGSTENS FAHRLÄSSIGKEIT VORZUWERFEN IST, FÜR SONSTIGE SCHÄDEN NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG.
7. Erlöschen
a. Diese Lizenz und die durch sie eingeräumten Nutzungsrechte erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die den Schutzgegenstand enthaltende Sammelwerke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
c. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
d. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß Ziffern 8.a) angeboteten Lizenzen aus.
e. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
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By exercising the Licensed Rights (defined below), You accept and agree
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Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
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and in which the Licensed Material is translated, altered,
arranged, transformed, or otherwise modified in a manner requiring
permission under the Copyright and Similar Rights held by the
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3. Term. The term of this Public License is specified in Section
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4. Media and formats; technical modifications allowed. The
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(4) never produces Adapted Material.
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extent reasonably practicable;
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You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
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Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
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Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
This Creative Commons England and Wales Public Licence enables You (all capitalised terms defined below) to view, edit, modify, translate and distribute Works worldwide, under the terms of this licence, provided that You credit the Original Author.
'The Licensor' [one or more legally recognised persons or entities offering the Work under the terms and conditions of this Licence]
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* copy the Work;
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* make reference to this Licence (by Uniform Resource Identifier (URI), spoken word or as appropriate to the media used) on all copies of the Work and Collective Works published, distributed, performed or otherwise disseminated or made available to the public by You;
* recognise the Licensor's / Original Author's right of attribution in any Work and Collective Work that You publish, distribute, perform or otherwise disseminate to the public and ensure that You credit the Licensor / Original Author as appropriate to the media used; and
* to the extent reasonably practicable, keep intact all notices that refer to this Licence, in particular the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work.
Additional Provisions for third parties making use of the Work
2.2. Further licence from the Licensor
Each time You publish, distribute, perform or otherwise disseminate
* the Work; or
* any Derivative Work; or
* the Work as incorporated in a Collective Work
the Licensor agrees to offer to the relevant third party making use of the Work (in any of the alternatives set out above) a licence to use the Work on the same terms and conditions as granted to You hereunder.
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Each time You publish, distribute, perform or otherwise disseminate
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You agree to offer to the relevant third party making use of the Work (in either of the alternatives set out above) a licence to use the Derivative Work on any of the following premises:
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* a later version of the licence granted to You hereunder; or
* any other Creative Commons licence with the same Licence Elements.
2.4. This Licence does not affect any rights that the User may have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.
2.5. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to, the exclusive right to collect, whether individually or via a licensing body, such as a collecting society, royalties for any use of the Work which results in commercial advantage or private monetary compensation.
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6.2. This Licence constitutes the entire Licence Agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication in any form.
6.3. A person who is not a party to this Licence shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
6.4. This Licence shall be governed by the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
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アトリビューション—シェアアライク 2.1
（帰属—同一条件許諾）
クリエイティブ・コモンズ及びクリエイティブ・コモンズ・ジャパンは法律事務所ではありません。この利用許諾条項の頒布は法的アドバイスその他の法律業務を行うものではありません。クリエイティブ・コモンズ及びクリエイティブ・コモンズ・ジャパンは、この利用許諾の当事者ではなく、ここに提供する情報及び本作品に関しいかなる保証も行いません。クリエイティブ・コモンズ及びクリエイティブ・コモンズ・ジャパンは、いかなる法令に基づこうとも、あなた又はいかなる第三者の損害（この利用許諾に関連する通常損害、特別損害を含みますがこれらに限られません）について責任を負いません。
利用許諾
本作品（下記に定義する）は、このクリエイティブ・コモンズ･パブリック･ライセンス日本版（以下「この利用許諾」という）の条項の下で提供される。本作品は、著作権法及び／又は他の適用法によって保護される。本作品をこの利用許諾又は著作権法の下で授権された以外の方法で使用することを禁止する。
許諾者は、かかる条項をあなたが承諾することとひきかえに、ここに規定される権利をあなたに付与する。本作品に関し、この利用許諾の下で認められるいずれかの利用を行うことにより、あなたは、この利用許諾（条項）に拘束されることを承諾し同意したこととなる。
第1条 定義
この利用許諾中の用語を以下のように定義する。その他の用語は、著作権法その他の法令で定める意味を持つものとする。
a. 「二次的著作物」とは、著作物を翻訳し、編曲し、若しくは変形し、または脚色し、映画化し、その他翻案することにより創作した著作物をいう。ただし、編集著作物又はデータベースの著作物（以下、この二つを併せて「編集著作物等」という。）を構成する著作物は、二次的著作物とみなされない。また、原著作者及び実演家の名誉又は声望を害する方法で原著作物を改作、変形もしくは翻案して生じる著作物は、この利用許諾の目的においては、二次的著作物に含まれない。
b. 「許諾者」とは、この利用許諾の条項の下で本作品を提供する個人又は団体をいう。
c. 「あなた」とは、この利用許諾に基づく権利を行使する個人又は団体をいう。
d. 「原著作者」とは、本作品に含まれる著作物を創作した個人又は団体をいう。
e. 「本作品」とは、この利用許諾の条項に基づいて利用する権利が付与される対象たる無体物をいい、著作物、実演、レコード、放送にかかる音又は影像、もしくは有線放送にかかる音又は影像をすべて含むものとする。
f. 「ライセンス要素」とは、許諾者が選択し、この利用許諾に表示されている、以下のライセンス属性をいう：帰属・同一条件許諾
第2条 著作権等に対する制限
この利用許諾に含まれるいかなる条項によっても、許諾者は、あなたが著作権の制限（著作権法第30条〜49条）、著作者人格権に対する制限（著作権法第18条2項〜4項、第19条2項〜4項、第20条2項）、著作隣接権に対する制限（著作権法第102条）その他、著作権法又はその他の適用法に基づいて認められることとなる本作品の利用を禁止しない。
第3条 ライセンスの付与
この利用許諾の条項に従い、許諾者はあなたに、本作品に関し、すべての国で、ロイヤリティ・フリー、非排他的で、（第7条bに定める期間）継続的な以下のライセンスを付与する。ただし、あなたが以前に本作品に関するこの利用許諾の条項に違反したことがないか、あるいは、以前にこの利用許諾の条項に違反したがこの利用許諾に基づく権利を行使するために許諾者から明示的な許可を得ている場合に限る。
a. 本作品に含まれる著作物（以下「本著作物」という。）を複製すること（編集著作物等に組み込み複製することを含む。以下、同じ。）、
b. 本著作物を翻案して二次的著作物を創作し、複製すること、
c. 本著作物又はその二次的著作物の複製物を頒布すること（譲渡または貸与により公衆に提供することを含む。以下同じ。）、上演すること、演奏すること、上映すること、公衆送信を行うこと（送信可能化を含む。以下、同じ。）、公に口述すること、公に展示すること、
d. 本作品に含まれる実演を、録音・録画すること（録音･録画物を増製することを含む）、録音･録画物により頒布すること、公衆送信を行うこと、
e. 本作品に含まれるレコードを、複製すること、頒布すること、公衆送信を行うこと、
f. 本作品に含まれる、放送に係る音又は影像を、複製すること、その放送を受信して再放送すること又は有線放送すること、その放送又はこれを受信して行う有線放送を受信して送信可能化すること、そのテレビジョン放送又はこれを受信して行う有線放送を受信して、影像を拡大する特別の装置を用いて公に伝達すること、
g. 本作品に含まれる、有線放送に係る音又は影像を、複製すること、その有線放送を受信して放送し、又は再有線放送すること、その有線放送を受信して送信可能化すること、その有線テレビジョン放送を受信して、影像を拡大する特別の装置を用いて公に伝達すること、
上記に定められた本作品又はその二次的著作物の利用は、現在及び将来のすべての媒体・形式で行うことができる。あなたは、他の媒体及び形式で本作品又はその二次的著作物を利用するのに技術的に必要な変更を行うことができる。許諾者は本作品又はその二次的著作物に関して、この利用許諾に従った利用については自己が有する著作者人格権及び実演家人格権を行使しない。許諾者によって明示的に付与されない全ての権利は、留保される。
第4条 受領者へのライセンス提供
あなたが本作品をこの利用許諾に基づいて利用する度毎に、許諾者は本作品又は本作品の二次的著作物の受領者に対して、直接、この利用許諾の下であなたに許可された利用許諾と同じ条件の本作品のライセンスを提供する。
第5条 制限
上記第3条及び第4条により付与されたライセンスは、以下の制限に明示的に従い、制約される。
a. あなたは、この利用許諾の条項に基づいてのみ、本作品を利用することができる。
b. あなたは、この利用許諾又はこの利用許諾と同一のライセンス要素を含むほかのクリエイティブ･コモンズ・ライセンス（例えば、この利用許諾の新しいバージョン、又はこの利用許諾と同一のライセンス要素の他国籍ライセンスなど）に基づいてのみ、本作品の二次的著作物を利用することができる。
c. あなたは、本作品を利用するときは、この利用許諾の写し又はURI（Uniform Resource Identifier）を本作品の複製物に添付又は表示しなければならない。
d. あなたは、本作品の二次的著作物を利用するときは、この利用許諾又はこの利用許諾と同一のライセンス要素を含むほかのクリエイティブ･コモンズ･ライセンスの写し又はURIを本作品の二次的著作物の複製物に添付または表示しなければならない。
e. あなたは、この利用許諾条項及びこの利用許諾によって付与される利用許諾受領者の権利の行使を変更又は制限するような、本作品又はその二次的著作物に係る条件を提案したり課したりしてはならない。
f. あなたは、本作品を再利用許諾することができない。
g. あなたは、本作品又はその二次的著作物の利用にあたって、この利用許諾及びその免責条項に関する注意書きの内容を変更せず、見やすい態様でそのまま掲載しなければならない。
h. あなたは、この利用許諾条項と矛盾する方法で本著作物へのアクセス又は使用をコントロールするような技術的保護手段を用いて、本作品又はその二次的著作物を利用してはならない。
i. 本条の制限は、本作品又はその二次的著作物が編集著作物等に組み込まれた場合にも、その組み込まれた作品に関しては適用される。しかし、本作品又はその二次的著作物が組み込まれた編集著作物等そのものは、この利用許諾の条項に従う必要はない。
j. あなたは、本作品、その二次的著作物又は本作品を組み込んだ編集著作物等を利用する場合には、（1）本作品に係るすべての著作権表示をそのままにしておかなければならず、（2）原著作者及び実演家のクレジットを、合理的な方式で、（もし示されていれば原著作者及び実演家の名前又は変名を伝えることにより、）表示しなければならず、（3）本作品のタイトルが示されている場合には、そのタイトルを表示しなければならず、（4）許諾者が本作品に添付するよう指定したURIがあれば、合理的に実行可能な範囲で、そのURIを表示しなければならず（ただし、そのURIが本作品の著作権表示またはライセンス情報を参照するものでないときはこの限りでない。）（5）二次的著作物の場合には、当該二次的著作物中の原著作物の利用を示すクレジットを表示しなければならない。これらのクレジットは、合理的であればどんな方法でも行うことができる。しかしながら、二次的著作物又は編集著作物等の場合には、少なくとも他の同様の著作者のクレジットが表示される箇所で当該クレジットを表示し、少なくとも他の同様の著作者のクレジットと同程度に目立つ方法であることを要する。
k. もし、あなたが、本作品の二次的著作物、又は本作品もしくはその二次的著作物を組み込んだ編集著作物等を創作した場合、あなたは、許諾者からの通知があれば、実行可能な範囲で、要求に応じて、二次的著作物又は編集著作物等から、許諾者又は原著作者への言及をすべて除去しなければならない。
第6条 責任制限
この利用許諾の両当事者が書面にて別途合意しない限り、許諾者は本作品を現状のまま提供するものとし、明示・黙示を問わず、本作品に関していかなる保証（特定の利用目的への適合性、第三者の権利の非侵害、欠陥の不存在を含むが、これに限られない。）もしない。
この利用許諾又はこの利用許諾に基づく本作品の利用から発生する、いかなる損害（許諾者が、本作品にかかる著作権、著作隣接権、著作者人格権、実演家人格権、商標権、パブリシティ権、不正競争防止法その他関連法規上保護される利益を有する者からの許諾を得ることなく本作品の利用許諾を行ったことにより発生する損害、プライバシー侵害又は名誉毀損から発生する損害等の通常損害、及び特別損害を含むが、これに限らない。）についても、許諾者に故意又は重大な過失がある場合を除き、許諾者がそのような損害発生の可能性を知らされたか否かを問わず、許諾者は、あなたに対し、これを賠償する責任を負わない。
第7条 終了
a. この利用許諾は、あなたがこの利用許諾の条項に違反すると自動的に終了する。しかし、本作品、その二次的著作物又は編集著作物等をあなたからこの利用許諾に基づき受領した第三者に対しては、その受領者がこの利用許諾を遵守している限り、この利用許諾は終了しない。第1条、第2条、第4条から第9条は、この利用許諾が終了してもなお有効に存続する。
b. 上記aに定める場合を除き、この利用許諾に基づくライセンスは、本作品に含まれる著作権法上の権利が存続するかぎり継続する。
c. 許諾者は、上記aおよびbに関わらず、いつでも、本作品をこの利用許諾に基づいて頒布することを将来に向かって中止することができる。ただし、許諾者がこの利用許諾に基づく頒布を将来に向かって中止した場合でも、この利用許諾に基づいてすでに本作品を受領した利用者に対しては、この利用許諾に基づいて過去及び将来に与えられるいかなるライセンスも終了することはない。また、上記によって終了しない限り、この利用許諾は、全面的に有効なものとして継続する。
第8条 その他
a. この利用許諾のいずれかの規定が、適用法の下で無効及び／又は執行不能の場合であっても、この利用許諾の他の条項の有効性及び執行可能性には影響しない。
b. この利用許諾の条項の全部又は一部の放棄又はその違反に関する承諾は、これが書面にされ、当該放棄又は承諾に責任を負う当事者による署名又は記名押印がなされない限り、行うことができない。
c. この利用許諾は、当事者が本作品に関して行った最終かつ唯一の合意の内容である。この利用許諾は、許諾者とあなたとの相互の書面による合意なく修正されない。
d. この利用許諾は日本語により提供される。この利用許諾の英語その他の言語への翻訳は参照のためのものに過ぎず、この利用許諾の日本語版と翻訳との間に何らかの齟齬がある場合には日本語版が優先する。
第9条 準拠法
この利用許諾は、日本法に基づき解釈される。
本作品がクリエイティブ・コモンズ・ライセンスに基づき利用許諾されたことを公衆に示すという限定された目的の場合を除き、許諾者も被許諾者もクリエイティブ・コモンズの事前の書面による同意なしに「クリエイティブ・コモンズ」の商標若しくは関連商標又はクリエイティブ・コモンズのロゴを使用しないものとします。使用が許可された場合はクリエイティブ・コモンズおよびクリエイティブ･コモンズ･ジャパンのウェブサイト上に公表される、又はその他随時要求に従い利用可能となる、クリエイティブ・コモンズの当該時点における商標使用指針を遵守するものとします。クリエイティブ・コモンズは https://creativecommons.org/から、クリエイティブ・コモンズ・ジャパンはhttp://www.creativecommons.jp/から連絡することができます。
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CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Bearbeitung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange dieses erkennbar vom Schutzgegenstand abgeleitet wurde. Dies kann insbesondere auch eine Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Bearbeitung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Nutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten zu einem einheitlichen Ganzen, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine eigentümliche geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Bearbeitungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit zugänglich zu machen oder in Verkehr zu bringen.
d. Unter "Lizenzelementen" werden im Sinne dieser Lizenz die folgenden übergeordneten Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt wurden und in der Bezeichnung der Lizenz zum Ausdruck kommen: "Namensnennung", "Weitergabe unter gleichen Bedingungen".
e. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
f. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und eine Erteilung, Übertragung oder Einräumung von Nutzungsbewilligungen bzw Nutzungsrechten an Dritte erlaubt.
g. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine eigentümliche geistige Schöpfung jeglicher Art oder ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
h. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährte Nutzungsbewilligung trotz eines vorherigen Verstoßes auszuüben.
i. Unter "Öffentlich Wiedergeben" im Sinne dieser Lizenz sind Wahrnehmbarmachungen des Schutzgegenstandes in unkörperlicher Form zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung oder zeit- und ortsunabhängiger Zurverfügungstellung erfolgen, unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
j. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, gleichviel in welchem Verfahren, auf welchem Träger, in welcher Menge und ob vorübergehend oder dauerhaft, Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch das erstmalige Festhalten des Schutzgegenstandes oder dessen Wahrnehmbarmachung auf Mitteln der wiederholbaren Wiedergabe sowie das Herstellen von Vervielfältigungsstücken dieser Festhaltung, sowie die Speicherung einer geschützten Darbietung oder eines Bild- und/oder Schallträgers in digitaler Form oder auf einem anderen elektronischen Medium.
k. "Mit Creative Commons kompatible Lizenz" bezeichnet eine Lizenz, die unter https://creativecommons.org/compatiblelicenses aufgelistet ist und die durch Creative Commons als grundsätzlich zur vorliegenden Lizenz äquivalent akzeptiert wurde, da zumindest folgende Voraussetzungen erfüllt sind:
Diese mit Creative Commons kompatible Lizenz
i. enthält Bestimmungen, welche die gleichen Ziele verfolgen, die gleiche Bedeutung haben und die gleichen Wirkungen erzeugen wie die Lizenzelemente der vorliegenden Lizenz; und
ii. erlaubt ausdrücklich das Lizenzieren von ihr unterstellten Abwandlungen unter vorliegender Lizenz, unter einer anderen rechtsordnungsspezifisch angepassten Creative-Commons-Lizenz mit denselben Lizenzelementen wie vorliegende Lizenz aufweist oder unter der entsprechenden Creative-Commons-Unported-Lizenz.
2. Beschränkungen der Verwertungsrechte
Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die sich aus den Beschränkungen der Verwertungsrechte, anderen Beschränkungen der Ausschließlichkeitsrechte des Rechtsinhabers oder anderen entsprechenden Rechtsnormen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Lizenzierung
Unter den Bedingungen dieser Lizenz erteilt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - die vergütungsfreie, räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts am Schutzgegenstand) unbeschränkte Nutzungsbewilligung, den Schutzgegenstand in der folgenden Art und Weise zu nutzen:
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. Den Schutzgegenstand zu bearbeiten, einschließlich Übersetzungen unter Nutzung jedweder Medien anzufertigen, sofern deutlich erkennbar gemacht wird, dass es sich um eine Bearbeitung handelt;
c. Den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich wiederzugeben und zu verbreiten; und
d. Bearbeitungen des Schutzgegenstandes zu veröffentlichen, öffentlich wiederzugeben und zu verbreiten.
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechenden Vergütungsansprüche für jede Ausübung eines Rechts aus dieser Lizenz durch Sie geltend zu machen.
ii. Vergütung bei Zwangslizenzen: Soweit Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Geltendmachung der Vergütungsansprüche durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
Die vorgenannte Nutzungsbewilligung wird für alle bekannten sowie alle noch nicht bekannten Nutzungsarten eingeräumt. Sie beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich vom Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf die Geltendmachung sämtlicher daraus resultierender Rechte.
4. Bedingungen
Die Erteilung der Nutzungsbewilligung gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich wiedergeben. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich wiedergeben, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich wiedergeben, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dasselbe gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.c) aufgezählten Hinweise entfernen. Wenn Sie eine Bearbeitung vornehmen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines Lizenzgebers hin von der Bearbeitung die in Abschnitt 4.c) aufgezählten Hinweise entfernen.
b. Sie dürfen eine Bearbeitung ausschließlich unter den Bedingungen
i. dieser Lizenz,
ii. einer späteren Version dieser Lizenz mit denselben Lizenzelementen,
iii. einer rechtsordnungsspezifischen Creative-Commons-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts (z.B. Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 US),
iv. der Creative-Commons-Unported-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts, oder
v. einer mit Creative Commons kompatiblen Lizenz
verbreiten oder öffentlich wiedergeben.
Falls Sie die Bearbeitung gemäß Abschnitt b)(v) unter einer mit Creative Commons kompatiblen Lizenz lizenzieren, müssen Sie deren Lizenzbestimmungen Folge leisten.
Falls Sie die Bearbeitung unter einer der unter b)(i)-(iv) genannten Lizenzen ("Verwendbare Lizenzen") lizenzieren, müssen Sie deren Lizenzbestimmungen sowie folgenden Bestimmungen Folge leisten: Sie müssen stets eine Kopie der verwendbaren Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen, wenn Sie die Bearbeitung verbreiten oder öffentlich wiedergeben. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen der verwendbaren Lizenz oder die durch sie gewährten Rechte beschränken. Bei jeder Bearbeitung, die Sie verbreiten oder öffentlich wiedergeben, müssen Sie alle Hinweise auf die verwendbare Lizenz und den Haftungsausschluss unverändert lassen. Wenn Sie die Bearbeitung verbreiten oder öffentlich wiedergeben, dürfen Sie (in Bezug auf die Bearbeitung) keine technischen Maßnahmen ergreifen, die den Nutzer der Bearbeitung in der Ausübung der ihm durch die verwendbare Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.b) gilt auch für den Fall, dass die Bearbeitung einen Bestandteil eines Sammelwerkes bildet; dies bedeutet jedoch nicht, dass das Sammelwerk insgesamt der verwendbaren Lizenz unterstellt werden muss.
c. Die Verbreitung und die öffentliche Wiedergabe des Schutzgegenstandes oder auf ihm aufbauender Inhalte oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Urheberschaft oder die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie selbst - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers, und/oder falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
iv. und im Falle einer Bearbeitung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Bearbeitung handelt.
Die nach diesem Abschnitt 4.c) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Bearbeitung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung aller Beitragenden dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Urhebers, des Lizenzgebers und/oder des Zuschreibungsempfängers weder implizit noch explizit irgendeine Verbindung mit dem oder eine Unterstützung oder Billigung durch den Lizenzgeber oder den Zuschreibungsempfänger andeuten oder erklären.
d. Die oben unter 4.a) bis c) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
e. (Urheber)Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE ERTEILUNG DER NUTZUNGSBEWILLIGUNG UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN.
6. Haftungsbeschränkung
ÜBER DIE IN ZIFFER 5 GENANNTE GEWÄHRLEISTUNG HINAUS HAFTET DER LIZENZGEBER IHNEN GEGENÜBER FÜR SCHÄDEN JEGLICHER ART NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG FÜR FOLGE- ODER ANDERE SCHÄDEN, AUCH WENN ER ÜBER DIE MÖGLICHKEIT IHRES EINTRITTS UNTERRICHTET WURDE.
7. Erlöschen
a. Diese Lizenz und die durch sie erteilte Nutzungsbewilligung erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Bearbeitungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke sowie entsprechende Vervielfältigungsstücke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Jedes Mal wenn Sie eine Bearbeitung des Schutzgegenstandes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß 8.a) und b) angebotenen Lizenzen aus.
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Republik Österreich Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
Creative Commons Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
Lizenz
DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
1. Definitionen
a. Der Begriff "Abwandlung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange die eigenpersönlichen Züge des Schutzgegenstandes darin nicht verblassen und daran eigene Schutzrechte entstehen. Das kann insbesondere eine Bearbeitung, Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Abwandlung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Benutzung des Schutzgegenstandes.
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Abwandlungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit anzubieten oder in Verkehr zu bringen.
d. Unter "Lizenzelementen" werden im Sinne dieser Lizenz die folgenden übergeordneten Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt wurden und in der Bezeichnung der Lizenz zum Ausdruck kommen: "Namensnennung", "Weitergabe unter gleichen Bedingungen".
e. Der "*Lizenzgeber*" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
f. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person oder Gruppe von Personen, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und bei dem eine Einräumung von Nutzungsrechten oder eine Weiterübertragung an Dritte möglich ist.
g. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine persönliche geistige Schöpfung jeglicher Art, ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff "Schutzgegenstand" im Sinne dieser Lizenz.
h. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährten Nutzungsrechte trotz eines vorherigen Verstoßes auszuüben.
i. Unter "Öffentlich Zeigen" im Sinne dieser Lizenz sind Veröffentlichungen und Präsentationen des Schutzgegenstandes zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und in unkörperlicher Form mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung, zeit- und ortsunabhängiger Zugänglichmachung oder in körperlicher Form mittels Ausstellung erfolgen, unabhängig von bestimmten Veranstaltungen und unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
j. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, mittels beliebiger Verfahren Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch den Vorgang, erstmals körperliche Fixierungen des Schutzgegenstandes sowie Vervielfältigungsstücke dieser Fixierungen anzufertigen, sowie die Übertragung des Schutzgegenstandes auf einen Bild- oder Tonträger oder auf ein anderes elektronisches Medium, gleichviel ob in digitaler oder analoger Form.
k. "Mit Creative Commons kompatible Lizenz" bezeichnet eine Lizenz, die unter https://creativecommons.org/compatiblelicenses aufgelistet ist und die durch Creative Commons als grundsätzlich zur vorliegenden Lizenz äquivalent akzeptiert wurde, da zumindest folgende Voraussetzungen erfüllt sind:
Diese mit Creative Commons kompatible Lizenz
i. enthält Bestimmungen, welche die gleichen Ziele verfolgen, die gleiche Bedeutung haben und die gleichen Wirkungen erzeugen wie die Lizenzelemente der vorliegenden Lizenz; und
ii. erlaubt ausdrücklich das Lizenzieren von ihr unterstellten Abwandlungen unter vorliegender Lizenz, unter einer anderen rechtsordnungsspezifisch angepassten Creative-Commons-Lizenz mit denselben Lizenzelementen, wie sie die vorliegende Lizenz aufweist, oder unter der entsprechenden Creative-Commons-Unported-Lizenz.
2. Schranken des Immaterialgüterrechts. Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die Ihnen aufgrund der Schranken des Urheberrechts oder anderer Rechtsnormen bereits ohne Weiteres zustehen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
3. Einräumung von Nutzungsrechten. Unter den Bedingungen dieser Lizenz räumt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - das vergütungsfreie, räumlich und zeitlich (für die Dauer des Schutzrechts am Schutzgegenstand) unbeschränkte einfache Recht ein, den Schutzgegenstand auf die folgenden Arten und Weisen zu nutzen ("unentgeltlich eingeräumtes einfaches Nutzungsrecht für jedermann"):
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
b. Abwandlungen des Schutzgegenstandes anzufertigen, einschließlich Übersetzungen unter Nutzung jedweder Medien, sofern deutlich erkennbar gemacht wird, dass es sich um Abwandlungen handelt;
c. den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich zu zeigen und zu verbreiten;
d. Abwandlungen des Schutzgegenstandes zu veröffentlichen, öffentlich zu zeigen und zu verbreiten.
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechende Vergütung einzuziehen für jede Ausübung eines Rechts aus dieser Lizenz durch Sie.
ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Einziehung der Vergütung durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
Das vorgenannte Nutzungsrecht wird für alle bekannten sowie für alle noch nicht bekannten Nutzungsarten eingeräumt. Es beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich durch den Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf sämtliche aus diesem Schutz resultierenden Rechte.
4. Bedingungen. Die Einräumung des Nutzungsrechts gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich zeigen. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.a) gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.c) aufgezählten Hinweise entfernen. Wenn Sie eine Abwandlung vornehmen, müssen Sie auf die Mitteilung eines Lizenzgebers hin von der Abwandlung die in Abschnitt 4.c) aufgezählten Hinweise entfernen.
b. Sie dürfen eine Abwandlung ausschließlich unter den Bedingungen
i. dieser Lizenz,
ii. einer späteren Version dieser Lizenz mit denselben Lizenzelementen,
iii. einer rechtsordnungsspezifischen Creative-Commons-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts (z.B. Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 US),
iv. der Creative-Commons-Unported-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts, oder
v. einer mit Creative Commons kompatiblen Lizenz
verbreiten oder öffentlich zeigen.
Falls Sie die Abwandlung gemäß Abschnitt (v) unter einer mit Creative Commons kompatiblen Lizenz lizenzieren, müssen Sie deren Lizenzbestimmungen Folge leisten.
Falls Sie die Abwandlungen unter einer der unter (i)-(iv) genannten Lizenzen ("Verwendbare Lizenzen") lizenzieren, müssen Sie deren Lizenzbestimmungen sowie folgenden Bestimmungen Folge leisten: Sie müssen stets eine Kopie der verwendbaren Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen, wenn Sie die Abwandlung verbreiten oder öffentlich zeigen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen der verwendbaren Lizenz oder die durch sie gewährten Rechte beschränken. Bei jeder Abwandlung, die Sie verbreiten oder öffentlich zeigen, müssen Sie alle Hinweise auf die verwendbare Lizenz und den Haftungsausschluss unverändert lassen. Wenn Sie die Abwandlung verbreiten oder öffentlich zeigen, dürfen Sie (in Bezug auf die Abwandlung) keine technischen Maßnahmen ergreifen, die den Nutzer der Abwandlung in der Ausübung der ihm durch die verwendbare Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.b) gilt auch für den Fall, dass die Abwandlung einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt der verwendbaren Lizenz unterstellt werden muss.
c. Die Verbreitung und das öffentliche Zeigen des Schutzgegenstandes oder auf ihm aufbauender Abwandlungen oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie - soweit bekannt - Folgendes angeben:
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers und / oder, falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) ("Zuschreibungsempfänger"), Namen bzw. Bezeichnung dieses oder dieser Dritten;
ii. den Titel des Inhaltes;
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
iv. und im Falle einer Abwandlung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Abwandlung handelt.
Die nach diesem Abschnitt 4.c) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Abwandlung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung mehrerer Rechteinhaber dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Lizenzgebers und / oder des Zuschreibungsempfängers weder explizit noch implizit irgendeine Verbindung zum Lizenzgeber oder Zuschreibungsempfänger und ebenso wenig eine Unterstützung oder Billigung durch ihn andeuten.
d. Die oben unter 4.a) bis c) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
e. Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
5. Gewährleistung
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE EINRÄUMUNG VON RECHTEN UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN. DIESE GEWÄHRLEISTUNGSBESCHRÄNKUNG GILT NICHT, SOWEIT MÄNGEL ZU SCHÄDEN DER IN ABSCHNITT 6 BEZEICHNETEN ART FÜHREN UND AUF SEITEN DES LIZENZGEBERS DAS JEWEILS GENANNTE VERSCHULDEN BZW. VERTRETENMÜSSEN EBENFALLS VORLIEGT.
6. Haftungsbeschränkung
DER LIZENZGEBER HAFTET IHNEN GEGENÜBER IN BEZUG AUF SCHÄDEN AUS DER VERLETZUNG DES LEBENS, DES KÖRPERS ODER DER GESUNDHEIT NUR, SOFERN IHM WENIGSTENS FAHRLÄSSIGKEIT VORZUWERFEN IST, FÜR SONSTIGE SCHÄDEN NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG.
7. Erlöschen
a. Diese Lizenz und die durch sie eingeräumten Nutzungsrechte erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Abwandlungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
8. Sonstige Bestimmungen
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
b. Jedes Mal wenn Sie eine Abwandlung des Schutzgegenstandes verbreiten oder öffentlich zeigen, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß Ziffern 8.a) und b) angeboteten Lizenzen aus.
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung.
Creative Commons Notice
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. THE LICENSOR IS NOT NECESSARILY AN INTERGOVERNMENTAL ORGANIZATION (IGO), AS DEFINED IN THE LICENSE BELOW.
License
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1. Definitions
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c. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License and may be, but is not necessarily, an IGO.
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i. "Adaptation" means a work derived from or based upon the Work, or upon the Work and other pre-existing works. Adaptations may include works such as translations, derivative works, or any alterations and arrangements of any kind involving the Work. For purposes of this License, where the Work is a musical work, performance, or phonogram, the synchronization of the Work in timed-relation with a moving image is an Adaptation. For the avoidance of doubt, including the Work in a Collection is not an Adaptation.
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This License lasts for the duration of the term of the copyright in the Work licensed by the Licensor. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by the Licensor are hereby reserved.
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b. You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) either the unported Creative Commons license or a ported Creative Commons license (either this or a later license version) containing the same License Elements; or (iv) a Creative Commons Compatible License. If You license the Adaptation under one of the licenses mentioned in (iv), You must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), You must comply with terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform. (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License. (III) You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform. (IV) When You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
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f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). Interpretation of the scope of the rights granted by the Licensor and the conditions imposed on You under this License, this License, and the rights and conditions set forth herein shall be made with reference to copyright as determined in accordance with general principles of international law, including the above mentioned conventions.
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License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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Licença Pública Geral do GNU (GPL) [General Public License]
This is an unofficial translation of the GNU General Public License into Portuguese. It was not published by the Free Software Foundation, and does not legally state the distribution terms for software that uses the GNU GPL--only the original English text of the GNU GPL does that. However, we hope that this translation will help Portuguese speakers understand the GNU GPL better.
Esta é uma tradução não-oficial da GNU General Public License para o Português. Ela não é publicada pela Free Software Foundation e não traz os termos de distribuição legal do software que usa a GNU GPL -- estes termos estão contidos apenas no texto da GNU GPL original em inglês. No entanto, esperamos que esta tradução ajudará no melhor entendimento da GNU GPL em Português.
Versão 2, Junho de 1991 Direitos Autorais Reservados © 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite [conjunto] 330, Boston, MA [Massachusetts] 02111-1307 USA [Estados Unidos da América]
É permitido a qualquer pessoa copiar e distribuir cópias sem alterações deste documento de licença, sendo vedada, entretanto, qualquer modificação.
Introdução
As licenças da maioria dos softwares são elaboradas para suprimir sua liberdade de compartilhá-los e modificá-los. A Licença Pública Geral do GNU, ao contrário, visa garantir sua liberdade de compartilhar e modificar softwares livres para assegurar que o software seja livre para todos os seus usuários. Esta Licença Pública Geral é aplicável à maioria dos softwares da Free Software Foundation [Fundação do Software Livre] e a qualquer outro programa cujos autores se comprometerem a usá-la. (Em vez dela, alguns outros softwares da Free Software Foundation são cobertos pela Licença Pública Geral de Biblioteca do GNU). Você também poderá aplicá-la aos seus programas.
Quando falamos de software livre, estamos nos referindo à liberdade, não ao preço. Nossas Licenças Públicas Gerais visam garantir que você tenha a liberdade de distribuir cópias de software livre (e cobrar por isso se desejar), que receba código-fonte ou possa obtê-lo se desejar, que possa modificá-lo ou usar partes dele em novos programas livres; finalmente, que você tenha ciência de que pode fazer tudo isso.
Para proteger seus direitos, necessitamos fazer restrições que proíbem que alguém negue esses direitos a você ou que solicite que você renuncie a eles. Essas restrições se traduzem em determinadas responsabilidades que você deverá assumir, se for distribuir cópias do software ou modificá-lo.
Por exemplo, se você distribuir cópias de algum desses programas, tanto gratuitamente como mediante uma taxa, você terá de conceder aos receptores todos os direitos que você possui. Você terá de garantir que, também eles, recebam ou possam obter o código-fonte. E você terá a obrigação de exibir a eles esses termos, para que eles conheçam seus direitos.
Protegemos seus direitos através de dois passos: (1) estabelecendo direitos autorais sobre o software e (2) concedendo a você esta licença, que dá permissão legal para copiar, distribuir e/ou modificar o software.
Além disso, para a proteção de cada autor e a nossa, queremos ter certeza de que todos entendam que não há nenhuma garantia para este software livre. Se o software for modificado por alguém e passado adiante, queremos que seus receptores saibam que o que receberam não é o original, de forma que quaisquer problemas introduzidos por terceiros não afetem as reputações dos autores originais.
Finalmente, qualquer programa livre é constantemente ameaçado por patentes de software. Queremos evitar o risco de que redistribuidores de um programa livre obtenham individualmente licenças sob uma patente, tornando o programa, com efeito, proprietário. Para impedir isso, deixamos claro que qualquer patente deve ser licenciada para o uso livre por parte de qualquer pessoa ou, então, simplesmente não deve ser licenciada.
Os exatos termos e condições para cópia, distribuição e modificação seguem abaixo.
TERMOS E CONDIÇÕES PARA CÓPIA, DISTRIBUIÇÃO E MODIFICAÇÃO
Esta Licença se aplica a qualquer programa ou outra obra que contenha um aviso inserido pelo respectivo titular dos direitos autorais, informando que a referida obra pode ser distribuída em conformidade com os termos desta Licença Pública Geral. O termo "Programa", utilizado abaixo, refere-se a qualquer programa ou obra, e o termo "obras baseadas no Programa" significa tanto o Programa, como qualquer obra derivada nos termos da legislação de direitos autorais: isto é, uma obra contendo o Programa ou uma parte dele, tanto de forma idêntica como com modificações, e/ou traduzida para outra linguagem. (Doravante, o termo "modificação" inclui também, sem reservas, a tradução). Cada licenciado, doravante, será denominado "você".
Outras atividades que não a cópia, distribuição e modificação, não são cobertas por esta Licença; elas estão fora de seu escopo. O ato de executar o Programa não tem restrições e o resultado gerado a partir do Programa encontra-se coberto somente se seu conteúdo constituir uma obra baseada no Programa (independente de ter sido produzida pela execução do Programa). Na verdade, isto dependerá daquilo que o Programa faz.
Você poderá fazer cópias idênticas do código-fonte do Programa ao recebê-lo e distribui-las, em qualquer mídia ou meio, desde que publique, de forma ostensiva e adequada, em cada cópia, um aviso de direitos autorais (ou copyright) apropriado e uma notificação sobre a exoneração de garantia; mantenha intactas as informações, avisos ou notificações referentes a esta Licença e à ausência de qualquer garantia; e forneça a quaisquer outros receptores do Programa uma cópia desta Licença junto com o Programa.
Você poderá cobrar um valor pelo ato físico de transferir uma cópia, e você pode oferecer, se quiser, a proteção de uma garantia em troca de um valor.
Você poderá modificar sua cópia ou cópias do Programa ou qualquer parte dele, formando, dessa forma, uma obra baseada no Programa, bem como copiar e distribuir essas modificações ou obra, de acordo com os termos da Cláusula 1 acima, desde que você também atenda a todas as seguintes condições:
Você deve fazer com que os arquivos modificados contenham avisos, em destaque, informando que você modificou os arquivos, bem como a data de qualquer modificação.
Você deve fazer com que qualquer obra que você distribuir ou publicar, que no todo ou em parte contenha o Programa ou seja dele derivada, ou derivada de qualquer parte dele, seja licenciada como um todo sem qualquer custo para todos terceiros nos termos desta licença.
Se o programa modificado normalmente lê comandos interativamente quando executado, você deverá fazer com que ele, ao começar a ser executado para esse uso interativo em sua forma mais simples, imprima ou exiba um aviso incluindo o aviso de direitos autorais (ou copyright) apropriado, além de uma notificação de que não há garantia (ou, então, informando que você oferece garantia) e informando que os usuários poderão redistribuir o programa de acordo com essas condições, esclarecendo ao usuário como visualizar uma cópia desta Licença. (Exceção: se o Programa em si for interativo mas não imprimir normalmente avisos como esses, não é obrigatório que a sua obra baseada no Programa imprima um aviso).
Essas exigências se aplicam à obra modificada como um todo. Se partes identificáveis dessa obra não forem derivadas do Programa e puderem ser consideradas razoavelmente como obras independentes e separadas por si próprias, nesse caso, esta Licença e seus termos não se aplicarão a essas partes quando você distribui-las como obras separadas. Todavia, quando você distribui-las como parte de um todo que constitui uma obra baseada no Programa, a distribuição deste todo terá de ser realizada em conformidade com esta Licença, cujas permissões para outros licenciados se estenderão à obra por completo e, conseqüentemente, a toda e qualquer parte, independentemente de quem a escreveu.
Portanto, esta cláusula não tem a intenção de afirmar direitos ou contestar os seus direitos sobre uma obra escrita inteiramente por você; a intenção é, antes, de exercer o direito de controlar a distribuição de obras derivadas ou obras coletivas baseadas no Programa.
Além do mais, a simples agregação de outra obra que não seja baseada no Programa a ele (ou a uma obra baseada no Programa) em um volume de mídia ou meio de armazenamento ou distribuição, não inclui esta outra obra no âmbito desta Licença.
Você poderá copiar e distribuir o Programa (ou uma obra baseada nele, de acordo com a Cláusula 2) em código-objeto ou formato executável de acordo com os termos das Cláusulas 1 e 2 acima, desde que você também tome uma das providências seguintes:
Incluir o código-fonte correspondente completo, passível de leitura pela máquina, o qual terá de ser distribuído de acordo com as Cláusulas 1 e 2 acima, em um meio ou mídia habitualmente usado para intercâmbio de software; ou,
Incluir uma oferta por escrito, válida por pelo menos três anos, para fornecer a qualquer terceiro, por um custo que não seja superior ao seu custo de fisicamente realizar a distribuição da fonte, uma cópia completa passível de leitura pela máquina, do código-fonte correspondente, a ser distribuído de acordo com as Cláusulas 1 e 2 acima, em um meio ou mídia habitualmente usado para intercâmbio de software; ou,
Incluir as informações recebidas por você, quanto à oferta para distribuir o código-fonte correspondente. (Esta alternativa é permitida somente para distribuição não-comercial e apenas se você tiver recebido o programa em código-objeto ou formato executável com essa oferta, de acordo com a letra b, acima).
O código-fonte de uma obra significa o formato preferencial da obra para que sejam feitas modificações na mesma. Para uma obra executável, o código-fonte completo significa o código-fonte inteiro de todos os módulos que ela contiver, mais quaisquer arquivos de definição de interface associados, além dos scripts usados para controlar a compilação e instalação do executável. Entretanto, como uma exceção especial, o código-fonte distribuído não precisa incluir nada que não seja normalmente distribuído (tanto no formato fonte como no binário) com os componentes principais (compilador, kernel e assim por diante) do sistema operacional no qual o executável é executado, a menos que este componente em si acompanhe o executável.
Se a distribuição do executável ou código-objeto for feita mediante a permissão de acesso para copiar, a partir de um local designado, então, a permissão de acesso equivalente para copiar o código-fonte a partir do mesmo local será considerada como distribuição do código-fonte, mesmo que os terceiros não sejam levados a copiar a fonte junto com o código-objeto.
Você não poderá copiar, modificar, sublicenciar ou distribuir o Programa, exceto conforme expressamente estabelecido nesta Licença. Qualquer tentativa de, de outro modo, copiar, modificar, sublicenciar ou distribuir o Programa será inválida, e automaticamente rescindirá seus direitos sob esta Licença. Entretanto, terceiros que tiverem recebido cópias ou direitos de você de acordo esta Licença não terão suas licenças rescindidas, enquanto estes terceiros mantiverem o seu pleno cumprimento.
Você não é obrigado a aceitar esta Licença, uma vez que você não a assinou. Porém, nada mais concede a você permissão para modificar ou distribuir o Programa ou respectivas obras derivativas. Tais atos são proibidos por lei se você não aceitar esta Licença. Conseqüentemente, ao modificar ou distribuir o Programa (ou qualquer obra baseada no Programa), você estará manifestando sua aceitação desta Licença para fazê-lo, bem como de todos os seus termos e condições para copiar, distribuir ou modificar o Programa ou obras nele baseadas.
Cada vez que você redistribuir o Programa (ou obra baseada no Programa), o receptor receberá, automaticamente, uma licença do licenciante original, para copiar, distribuir ou modificar o Programa, sujeito a estes termos e condições. Você não poderá impor quaisquer restrições adicionais ao exercício, pelos receptores, dos direitos concedidos por este instrumento. Você não tem responsabilidade de promover o cumprimento por parte de terceiros desta licença.
Se, como resultado de uma sentença judicial ou alegação de violação de patente, ou por qualquer outro motivo (não restrito às questões de patentes), forem impostas a você condições (tanto através de mandado judicial, contrato ou qualquer outra forma) que contradigam as condições desta Licença, você não estará desobrigado quanto às condições desta Licença. Se você não puder atuar como distribuidor de modo a satisfazer simultaneamente suas obrigações sob esta licença e quaisquer outras obrigações pertinentes, então, como conseqüência, você não poderá distribuir o Programa de nenhuma forma. Por exemplo, se uma licença sob uma patente não permite a redistribuição por parte de todos aqueles que tiverem recebido cópias, direta ou indiretamente de você, sem o pagamento de royalties, então, a única forma de cumprir tanto com esta exigência quanto com esta licença será deixar de distribuir, por completo, o Programa.
Se qualquer parte desta Cláusula for considerada inválida ou não executável, sob qualquer circunstância específica, o restante da cláusula deverá continuar a ser aplicado e a cláusula, como um todo, deverá ser aplicada em outras circunstâncias.
Esta cláusula não tem a finalidade de induzir você a infringir quaisquer patentes ou direitos de propriedade, nem de contestar a validade de quaisquer reivindicações deste tipo; a única finalidade desta cláusula é proteger a integridade do sistema de distribuição do software livre, o qual é implementado mediante práticas de licenças públicas. Muitas pessoas têm feito generosas contribuições à ampla gama de software distribuído através desse sistema, confiando na aplicação consistente deste sistema; cabe ao autor/doador decidir se deseja distribuir software através de qualquer outro sistema e um licenciado não pode impor esta escolha.
Esta cláusula visa deixar absolutamente claro o que se acredita ser uma conseqüência do restante desta Licença.
Se a distribuição e/ou uso do Programa for restrito em determinados países, tanto por patentes ou por interfaces protegidas por direito autoral, o titular original dos direitos autorais que colocar o Programa sob esta Licença poderá acrescentar uma limitação geográfica de distribuição explícita excluindo esses países, de modo que a distribuição seja permitida somente nos países ou entre os países que não foram excluídos dessa forma. Nesse caso, esta Licença passa a incorporar a limitação como se esta tivesse sido escrita no corpo desta Licença.
A Free Software Foundation poderá de tempos em tempos publicar novas versões e/ou versões revisadas da Licença Pública Geral. Essas novas versões serão semelhantes em espírito à presente versão, mas podem diferenciar-se, porém, em detalhe, para tratar de novos problemas ou preocupações.
Cada versão recebe um número de versão distinto. Se o Programa especificar um número de versão desta Licença que se aplique a ela e a "qualquer versão posterior", você terá a opção de seguir os termos e condições tanto daquela versão como de qualquer versão posterior publicada pela Free Software Foundation. Se o Programa não especificar um número de versão desta Licença, você poderá escolher qualquer versão já publicada pela Free Software Foundation.
Se você desejar incorporar partes do Programa em outros programas livres cujas condições de distribuição sejam diferentes, escreva ao autor solicitando a respectiva permissão. Para software cujos direitos autorais sejam da Free Software Foundation, escreva para ela; algumas vezes, abrimos exceções para isso. Nossa decisão será guiada pelos dois objetivos de preservar a condição livre de todos os derivados de nosso software livre e de promover o compartilhamento e reutilização de software, de modo geral.
EXCLUSÃO DE GARANTIA
COMO O PROGRAMA É LICENCIADO SEM CUSTO, NÃO HÁ NENHUMA GARANTIA PARA O PROGRAMA, NO LIMITE PERMITIDO PELA LEI APLICÁVEL. EXCETO QUANDO DE OUTRA FORMA ESTABELECIDO POR ESCRITO, OS TITULARES DOS DIREITOS AUTORAIS E/OU OUTRAS PARTES, FORNECEM O PROGRAMA "NO ESTADO EM QUE SE ENCONTRA", SEM NENHUMA GARANTIA DE QUALQUER TIPO, TANTO EXPRESSA COMO IMPLÍCITA, INCLUINDO, DENTRE OUTRAS, AS GARANTIAS IMPLÍCITAS DE COMERCIABILIDADE E ADEQUAÇÃO A UMA FINALIDADE ESPECÍFICA. O RISCO INTEGRAL QUANTO À QUALIDADE E DESEMPENHO DO PROGRAMA É ASSUMIDO POR VOCÊ. CASO O PROGRAMA CONTENHA DEFEITOS, VOCÊ ARCARÁ COM OS CUSTOS DE TODOS OS SERVIÇOS, REPAROS OU CORREÇÕES NECESSÁRIAS.
EM NENHUMA CIRCUNSTÂNCIA, A MENOS QUE EXIGIDO PELA LEI APLICÁVEL OU ACORDADO POR ESCRITO, QUALQUER TITULAR DE DIREITOS AUTORAIS OU QUALQUER OUTRA PARTE QUE POSSA MODIFICAR E/OU REDISTRIBUIR O PROGRAMA, CONFORME PERMITIDO ACIMA, SERÁ RESPONSÁVEL PARA COM VOCÊ POR DANOS, INCLUINDO ENTRE OUTROS, QUAISQUER DANOS GERAIS, ESPECIAIS, FORTUITOS OU EMERGENTES, ADVINDOS DO USO OU IMPOSSIBILIDADE DE USO DO PROGRAMA (INCLUINDO, ENTRE OUTROS, PERDAS DE DADOS OU DADOS SENDO GERADOS DE FORMA IMPRECISA, PERDAS SOFRIDAS POR VOCÊ OU TERCEIROS OU A IMPOSSIBILIDADE DO PROGRAMA DE OPERAR COM QUAISQUER OUTROS PROGRAMAS), MESMO QUE ESSE TITULAR, OU OUTRA PARTE, TENHA SIDO ALERTADA SOBRE A POSSIBILIDADE DE OCORRÊNCIA DESSES DANOS.
FINAL DOS TERMOS E CONDIÇÕES
Como Aplicar Estes Termos para Seus Novos Programas
Se você desenvolver um programa novo e quiser que ele seja da maior utilidade possível para o público, o melhor caminho para obter isto é fazer dele um software livre, o qual qualquer pessoa pode redistribuir e modificar sob os presentes termos.
Para fazer isto, anexe as notificações seguintes ao programa. É mais seguro anexá-las ao começo de cada arquivo-fonte, de modo a transmitir do modo mais eficiente a exclusão de garantia; e cada arquivo deve ter ao menos a linha de "direitos autorais reservados" e uma indicação de onde a notificação completa se encontra.
<uma linha para informar o nome do programa e uma breve idéia do que ele faz.>
Direitos Autorais Reservados (c) <ano> <nome do autor>
Este programa é software livre; você pode redistribuí-lo e/ou modificá-lo sob os termos da Licença Pública Geral GNU conforme publicada pela Free Software Foundation; tanto a versão 2 da Licença, como (a seu critério) qualquer versão posterior.
Este programa é distribuído na expectativa de que seja útil, porém, SEM NENHUMA GARANTIA; nem mesmo a garantia implícita de COMERCIABILIDADE OU ADEQUAÇÃO A UMA FINALIDADE ESPECÍFICA. Consulte a Licença Pública Geral do GNU para mais detalhes.
Você deve ter recebido uma cópia da Licença Pública Geral do GNU junto com este programa; se não, escreva para a Free Software Foundation, Inc., no endereço 59 Temple Street, Suite 330, Boston, MA 02111-1307 USA.
Inclua também informações sobre como contatar você por correio eletrônico e por meio postal.
Se o programa for interativo, faça com que produza uma pequena notificação como esta, quando for iniciado em um modo interativo:
Versão 69 do Gnomovision, Direitos Autorais Reservados (c) ano nome do autor. O Gnomovision NÃO POSSUI QUALQUER TIPO DE GARANTIA; para detalhes, digite 'show w'. Este é um software livre e você é bem-vindo para redistribuí-lo sob certas condições; digite 'show c' para detalhes.
Os comandos hipotéticos `show w' e `show c' devem mostrar as partes apropriadas da Licença Pública Geral. Naturalmente, os comandos que você utilizar poderão ter outras denominações que não `show w' e `show c'; eles poderão até ser cliques do mouse ou itens de um menu - o que for adequado ao seu programa.
Você também pode solicitar a seu empregador (se você for um programador) ou sua instituição acadêmica, se for o caso, para assinar uma "renúncia de direitos autorais" sobre o programa, se necessário. Segue um exemplo; altere os nomes:
A Yoyodyne Ltda., neste ato, renuncia a todos eventuais direitos autorais sobre o programa `Gnomovision' (que realiza passagens em compiladores), escrito por James Hacker.
<Assinatura de Ty Coon>
1º de abril de 1989, Ty Coon, Presidente
Esta Licença Pública Geral não permite a incorporação do seu programa a programas proprietários. Se seu programa é uma biblioteca de sub-rotinas, você poderá considerar ser mais útil permitir a ligação de aplicações proprietárias à sua biblioteca. Se isso é o que você deseja fazer, utilize a Licença Pública Geral de Biblioteca do GNU, ao invés desta Licença.
Licença Pública Geral Menor do GNU
This is an unofficial translation of the GNU Lesser General Public License into Portuguese. It was not published by the Free Software Foundation, and does not legally state the distribution terms for software that uses the GNU LGPL--only the original English text of the GNU LGPL does that. However, we hope that this translation will help Portuguese speakers understand the GNU LGPL better.
Esta é uma tradução não-oficial da GNU Lesser General Public License para o Português. Ela não é publicada pela Free Software Foundation e não traz os termos de distribuição legal do software que usa a GNU LGPL -- estes termos estão contidos apenas no texto da GNU LGPL original em inglês. No entanto, esperamos que esta tradução ajudará no melhor entendimento da GNU LGPL em Português.
Versão 2.1, Fevereiro de 1999
Copyright © 1991, 1999 Free Software Foundation, Inc.
59 Temple Place, Suite [conjunto] 330, Boston, MA [Massachusetts] 021111307 USA [Estados Unidos da América] É permitido a qualquer pessoa copiar e distribuir cópias sem alterações deste documento de licença, sendo vedada, entretanto, sua modificação.
[Esta é a primeira versão da GPL Menor a ser lançada. Ela também constitui a sucessora da Licença Pública de Biblioteca do GNU, daí o número 2.1. da versão].
Introdução
As licenças da maioria dos softwares são elaboradas para suprimir sua liberdade de compartilhá-los e modificá-los. As Licenças Públicas do GNU, ao contrário, têm o objetivo de assegurar sua liberdade para compartilhar e modificar softwares livres para garantir que o software seja livre para todos os seus usuários.
A presente Licença Pública Geral Menor se aplica a alguns pacotes de software especialmente designados - normalmente bibliotecas - da Free Software Foundation e de outros autores que decidam utilizá-la. Você pode utilizá-la também, mas recomendamos que antes, você analise cuidadosamente se esta licença, ou a Licença Pública Geral comum, é a melhor estratégia a ser adotada em cada caso específico, tendo como base as explicações abaixo.
Quando falamos de software livre, estamos nos referindo a liberdade de uso e não de gratuidade de preço. Nossas Licenças Públicas Gerais são elaboradas para garantir que você tenha liberdade para distribuir cópias de software livre (cobrando por esse serviço se você assim o desejar); que você receba código-fonte ou o obtenha, se quiser; que você modifique o software e utilize partes dele em novos programas livres; e que você tenha ciência de que pode praticar estes atos.
A fim de proteger seus direitos, é necessário que façamos restrições que proíbam distribuídores de negar estes direitos a você ou de pedir que você que renuncie a eles. Essas restrições se traduzem em determinadas responsabilidades que você deverá assumir, se vier a distribuir cópias da biblioteca ou modificá-la.
Por exemplo, se você distribuir cópias da biblioteca, seja gratuitamente ou mediante um valor, terá de conceder a seus receptores todos os direitos que estamos concedendo a você. Você terá de garantir que eles, também, recebam ou possam obter o código-fonte. Se você ligar outro código com a biblioteca, você deve fornecer os arquivos-objeto completos para os receptores, de modo que eles possam ligá-los novamente com a biblioteca após terem feito mudanças na biblioteca e recompilado a mesma. E você terá de exibir a eles esses termos, para que eles conheçam seus direitos.
Protegemos seus direitos através de um método que envolve dois passos: (1) estabelecemos direitos autorais sobre a biblioteca e (2) oferecemos a você esta licença, que dá a você permissão para copiar, distribuir e/ou modificar a biblioteca.
Para proteger cada distribuidor, queremos deixar bem claro que não há nenhuma garantia para a biblioteca livre. Além disso, se a biblioteca for modificada por alguém e passada adiante, os receptores devem saber que o que eles têm não é a versão original, de modo que a reputação do autor original não será afetada por problemas que possam ser introduzidos por outros.
Por fim, as patentes de software representam uma ameaça constante para a existência de qualquer programa livre. Queremos assegurar que uma empresa não possa efetivamente restringir os usuários de um programa livre por ter obtido uma licença restritiva de um titular de direitos de patente. Por isso, insistimos que qualquer licença de patente obtida para alguma versão da biblioteca seja consistente com a plena liberdade de uso, especificada nesta licença.
A maior parte dos softwares do GNU, incluindo algumas bibliotecas, está coberta pela Licença Pública Geral comum do GNU. A presente Licença Pública Geral Menor do GNU se aplica a determinadas bibliotecas designadas, sendo bastante diferente da Licença Pública Geral comum. Usamos esta licença para determinadas bibliotecas, a fim de permitir a ligação dessas bibliotecas a programas não-livres.
Quando um programa é ligado a uma biblioteca, seja estaticamente ou usando uma biblioteca compartilhada, essa combinação das duas é em termos legais uma obra combinada, uma derivação da biblioteca original. Por essa razão, a Licença Pública Geral comum somente permite essa ligação se a combinação como um todo atender a seus critérios de liberdade. A Licença Pública Geral Menor permite critérios mais flexíveis para a ligação de outros códigos à biblioteca.
Chamamos esta licença de Licença Pública Geral "Menor" porque ela faz Menos para proteger a liberdade do usuário do que a Licença Pública Geral comum. Ela também oferece a outros desenvolvedores de software livre uma Menor vantagem na competição com com programas não livres. Essas desvantagens são o motivo pelo qual usamos a Licença Pública Geral comum para muitas bibliotecas. Por outro lado, em determinadas circunstâncias especiais, a licença Menor oferece vantagens.
Por exemplo, em raras ocasiões, pode existir uma necessidade especial de se incentivar a mais ampla utilização possível de uma determinada biblioteca, para que ela se torne um padrão de fato. Para conseguir isso, deve-se permitir que programas não-livres utilizem a biblioteca. Um caso mais freqüente ocorre quando uma biblioteca livre desempenha a mesma função de bibliotecas não-livres amplamente usadas. Nesse caso, existem poucas vantagens em restringir a biblioteca livre somente para software livre, então utilizamos a Licença Pública Geral Menor.
Em outros casos, a permissão para usar uma determinada biblioteca em programas não-livres possibilita que um maior número de pessoas use um amplo leque de softwares livres. Por exemplo, a permissão para usar a Biblioteca C do GNU permite que muito mais pessoas usem todo o sistema operacional do GNU, bem como sua variante, o sistema operacional do GNU/Linux.
Mesmo protegendo a liberdade dos usuários em menor grau, a Licença Pública Geral Menor garante ao usuário de um programa que esteja ligado à Biblioteca a liberdade e os meios para executar o programa, usando uma versão modificada da Biblioteca.
Seguem abaixo os termos e condições exatos para a cópia, distribuição e modificação. Preste muita atenção à diferença entre uma "obra baseada na biblioteca" e uma "obra que usa a biblioteca". O primeiro contém código que é derivado da biblioteca, enquanto o segundo tem de ser combinado à biblioteca para que possa ser executado.
LICENÇA PÚBLICA GERAL MENOR DO GNU
TERMOS E CONDIÇÕES PARA CÓPIA, DISTRIBUIÇÃO E MODIFICAÇÃO
O presente Contrato de Licença se aplica a qualquer biblioteca de software ou a outro programa que contenha um aviso colocado pelo titular dos direitos autorais ou outra parte autorizada, informando que ela pode ser distribuída nos termos desta Licença Pública Geral Menor (também denominada "esta Licença"). Cada licenciado doravante será denominado "você".
Uma "biblioteca" significa uma coleção de funções de software e/ou dados preparados, de forma a serem convenientemente ligados com programas de aplicação (que usam algumas dessas funções e dados) para formar executáveis.
O termo "Biblioteca", abaixo, refere-se a qualquer biblioteca de software ou obra que tenha sido distribuída de acordo com esses termos. Uma "obra baseada na Biblioteca" significa tanto a Biblioteca como qualquer obra derivada, nos termos da legislação autoral: isto é, uma obra contendo a Biblioteca ou parte dela, seja sem alterações ou com modificações e/ou traduzida diretamente para outra linguagem. (Doravante, o termo "modificação" inclui, sem reservas, o termo "tradução").
O código-fonte de uma obra significa o formato preferencial da obra para que sejam feitas modificações na mesma. Para uma biblioteca, o código-fonte completo significa todo o código fonte para todos os módulos contidos na mesma, além de quaisquer arquivos de definição de interface associados, além dos scripts utilizados para controlar a compilação e a instalação da biblioteca.
Outras atividades que não a cópia, distribuição e modificação não são cobertas por esta Licença; elas estão fora de seu escopo. O ato de executar um programa usando a Biblioteca não tem restrições, e o resultado gerado a partir desse programa encontra-se coberto somente se seu conteúdo constituir uma obra baseada na Biblioteca (independente do uso da Biblioteca em uma ferramenta para escrevê-lo). Na verdade, isto dependerá daquilo que a Biblioteca faz e o que o programa que usa a biblioteca faz.
Você pode copiar e distribuir cópias sem alterações do código-fonte completo da Biblioteca ao recebê-lo, em qualquer meio ou mídia, desde que publique, ostensiva e adequadamente, um aviso de direitos autorais (ou copyright) apropriado e uma notificação sobre a exoneração de garantias; mantenha intactas as informações, avisos ou notificações referentes a esta Licença e à ausência de qualquer garantia; e distribua uma cópia desta Licença junto com a Biblioteca.
Você poderá cobrar um valor pelo ato físico de transferir uma cópia, e você pode oferecer, se quiser, a proteção de uma garantia em troca de um valor.
Você pode modificar sua cópia ou cópias da Biblioteca ou qualquer parte dela, formando, assim, uma obra baseada na Biblioteca, bem como copiar e distribuir essas modificações ou obra, em conformidade com a Cláusula 1 acima, desde que atenda, ainda, a todas as seguintes condições:
O obra modificada tem de ser, por si só, uma biblioteca de software.
Você tem de fazer com que os arquivos modificados contenham avisos, em destaque, de que você modificou os arquivos e a data de qualquer modificação.
Você tem de fazer com que a obra como um todo seja licenciada, sem nenhum custo, a todos os terceiros, de acordo com esta Licença.
Se um dispositivo, na Biblioteca modificada, se referir a uma função ou a uma tabela de dados a ser fornecida por um programa de aplicação que usa esse dispositivo, outro que não um argumento transmitido quando o dispositivo é invocado, nesse caso, você terá de fazer um esforço de boa-fé para assegurar que, no caso de uma aplicação que não forneça essa função ou tabela, o dispositivo ainda assim opere, e irá realizar qualquer parte de sua finalidade que permanecer significativa.
(Por exemplo, uma função de uma biblioteca para computar raízes quadradas tem uma finalidade que é completamente bem definida independentemente da aplicação. Por essa razão, a letra d, da Cláusula 2, exige que qualquer função ou tabela fornecida pela aplicação, usada por essa função, tem de ser opcional: se a aplicação não fornecê-la, a função de raízes quadradas deverá ainda assim computar raízes quadradas).
Essas exigências se aplicam à obra modificada como um todo. Se partes identificáveis dessa obra não forem derivadas da Biblioteca e puderem ser consideradas razoavelmente, em si, como obras independentes e separadas, nesse caso, esta Licença e seus termos não se aplicarão a essas partes quando você distribui-las como obras separadas. Todavia, quando você distribuir essas mesmas partes como partes de um todo, que por si seja uma obra baseada na Biblioteca, a distribuição desse todo deverá ser realizada de acordo com esta Licença, cujas respectivas permissões para outros licenciados extendem-se à integralidade deste todo, dessa forma, a toda e qualquer parte, independentemente de quem a escreveu.
Assim, esta cláusula não tem a intenção de afirmar direitos ou contestar os seus direitos sobre uma obra escrita inteiramente por você; a intenção é, antes, de exercer o direito de controlar a distribuição de obras derivadas ou obras coletivas baseadas na Biblioteca.
Além disto, a simples agregação de outra obra, que não seja baseada na Biblioteca, à Biblioteca (ou a uma obra baseada na Biblioteca) em um volume de meio ou mídia de armazenamento ou distribuição, não inclui esta outra obra no âmbito desta Licença.
Você poderá optar por aplicar os termos da Licença Pública Geral do GNU ao invés desta Licença, para uma determinada cópia da Biblioteca. Para tanto, você deverá alterar todos os avisos ou notificações que se refiram a esta Licença, para que eles se refiram à Licença Pública Geral comum do GNU, versão 2, ao invés desta Licença. (Se uma versão mais nova do que a versão 2 da Licença Pública Geral comum do GNU tiver sido gerada, então você poderá especificar essa versão, se preferir). Não faça nenhuma outra alteração nesses avisos ou notificações.
Uma vez que essa alteração tenha sido feita em uma determinada cópia, ela é irreversível para esta cópia, passando a Licença Pública Geral comum do GNU a ser aplicada para todas as cópias e obras derivadas subseqüentes, feitas a partir dessa cópia.
Essa opção é útil quando você desejar copiar parte do código da Biblioteca em um programa que não seja uma biblioteca.
Você poderá copiar e distribuir a Biblioteca (ou uma parte ou obra derivada dela, de acordo com a Cláusula 2) em código-objeto ou formato executável, sob as Cláusulas 1 e 2 acima, desde que inclua todo o código-fonte correspondente, passível de leitura pela máquina, que deve ser distribuído sob os termos das Cláusulas 1 e 2 acima, em um meio ou mídia costumeiramente utilizado para o intercâmbio de software.
Se a distribuição do código-objeto for feita pela oferta de acesso para cópia a partir de um local designado, então a permissão de acesso equivalente para copiar o código-fonte a partir do mesmo local atende a exigência de distribuição do código-fonte, mesmo que terceiros não sejam levados a copiar a fonte junto com o código-objeto.
Um programa que não contenha nenhum derivativo de qualquer parte da Biblioteca, mas que seja desenhado para operar com a Biblioteca ao ser compilado ou ligado a ela, é chamado de uma "obra que usa a Biblioteca". Essa obra, isoladamente, não é uma obra derivada da Biblioteca e, portanto, fica de fora do âmbito desta Licença.
Entretanto, a ligação de uma "obra que usa a Biblioteca" com a Biblioteca constitui um executável que é um derivado da Biblioteca (pois contém partes da Biblioteca), e não uma "obra que usa a Biblioteca". O executável é, assim, coberto por esta Licença. A Cláusula 6 estabelece os termos para a distribuição desses executáveis.
Quando uma "obra que usa a Biblioteca" usar material de um arquivo de cabeçalho que é parte da Biblioteca, o código-objeto para a obra poderá ser uma obra derivada da Biblioteca, mesmo que o código-fonte não o seja. Para que isto seja verdade, é especialmente importante se a obra pode ser ligada sem a Biblioteca, ou se a obra é, em si mesma, uma biblioteca. O limiar para que isto seja verdade não é definido com precisão pela lei.
Se um arquivo-objeto usar somente parâmetros numéricos, layouts e accessors da estrutura de dados, bem como pequenas macros e pequenas funções inline (dez linhas ou menos de extensão), então o uso do arquivo-objeto não é restrito, independente de ser ele legalmente uma obra derivada. (Executáveis contendo este código-objeto mais partes da Biblioteca continuam submetidos aos termos da Cláusula 6).
Do contrário, se a obra for um derivado da Biblioteca, você poderá distribuir o código objeto da obra sob os termos da Cláusula 6. Quaisquer executáveis contendo esta obra também se submetmem à Cláusula 6, estejam ou não diretamente ligados à Biblioteca em si.
Como exceção à Cláusula acima, você também pode combinar ou ligar uma "obra que usa a Biblioteca" à Biblioteca para produzir uma obra contendo partes da Biblioteca e distribuí-la de acordo com os termos de sua escolha, desde que estes termos permitam modificações na obra para uso próprio por parte do cliente e engenharia reversa para depuração dessas modificações.
Em cada cópia da obra, você terá de colocar um aviso, em destaque, de que a Biblioteca foi usada e que ela e seu uso estão cobertos por esta Licença. Você deverá fornecer uma cópia desta Licença. Se, durante a execução, a obra exibir avisos ou notificações de direitos autorais (ou copyright), você terá de incluir, entre eles, o aviso de direitos autorais (ou copyright) referente à Biblioteca, bem como uma referência direcionando o usuário para a cópia desta Licença. Além disso, você dever tomar ao menos uma das seguintes providências:
Incluir na obra todo o código-fonte da Biblioteca, passível de leitura pela máquina, incluindo quaisquer modificações que foram usadas na obra (as quais devem ser distribuídas conforme as Cláusulas 1 e 2 acima); e, se a obra for um executável ligado à Biblioteca, com toda a "obra que usa a Bilblioteca" passível de leitura pela máquina, como código-objeto e/ou código-fonte, de modo que o usuário possa modificar a biblioteca e, depois, religar para produzir um executável modificado contendo a Biblioteca modificada. (Fica entendido que o usuário que modificar o conteúdo dos arquivos de definições da Biblioteca não necessariamente será capaz de recompilar a aplicação para usar as definições modificadas).
Usar um mecanismo adequado de biblioteca compartilhada para ligar com a Biblioteca. Um mecanismo adequado é aquele que (a) usa, ao tempo da execução, uma cópia da biblioteca já presente no sistema do computador do usuário, e (2) irá operar adequadamente com uma versão modificada da biblioteca, se o usuário instalar uma, desde que a versão modificada seja compatível com a interface da versão com a qual a obra foi feita.
Incluir na obra uma oferta por escrito, válida por pelo menos 3 anos, oferencendo ao mesmo usuário os materiais especificados na letra "a" da Cláusula 6 acima, por um custo não superior ao custo de fazer esta distribuição.
Se a distribuição da obra for feita com a permissão de acesso para copiar, a partir de um local designado, oferecer acesso equivalente para copiar os materiais acima especificados, a partir do mesmo local.
Certificar-se se o usuário já recebeu uma cópia desses materiais ou de que você já enviou uma cópia a esse usuário.
Para um executável, o formato exigido da "obra que usa a Biblioteca" deve incluir quaisquer dados e programas utilitários necessários para reprodução do executável a partir dele. Todavia, como uma exceção especial, os materiais a serem distribuídos não necessitam incluir algo que seja normalmente distribuído (tanto no formato fonte quanto binário) com os componentes mais importantes (compilador, kernel, e assim por diante) do sistema operacional no qual executável é executado, a menos que esse componente, em si, acompanhe o executável.
Pode ocorrer que essa exigência contradiga as restrições da licença de outras bibliotecas proprietárias que normalmente não acompanham o sistema operacional. Essa contradição significa que você não pode utilizar ambas e a Biblioteca juntas em um executável distribuído por você.
Você pode colocar dispositivos da biblioteca que sejam uma obra baseada na Biblioteca lado-a-lado em uma única biblioteca junto com outros dispositivos de bibliotecas, desde que uma distribuição separada da obra baseada na Biblioteca e dos outros dispositivos de bibliotecas seja, de outro modo, permitida e desde que você tome uma das seguintes providências:
Incluir na biblioteca combinada uma cópia dessa obra baseada na Biblioteca sem a combinação com quaisquer outros dispositivos de biblioteca. Essa cópia tem de ser distribuída de acordo com as condições das cláusulas acima.
Junto com a biblioteca combinada, fornecer um aviso, em destaque, sobre o fato de que parte dela é uma obra baseada na Biblioteca, e explicando onde encontrar o formato não combinado incluso dessa mesma obra.
Você não poderá copiar, modificar, sublicenciar, ligar, ou distribuir a Biblioteca, exceto conforme expressamente disposto nesta Licença. Qualquer tentativa de, de outro modo, copiar, modificar, sublicenciar, ligar ou distribuir a Biblioteca é inválida, e automaticamente terminará seus direitos sob esta Licença. Todavia, terceiros que tiverem recebido cópias ou direitos de você, de acordo com esta Licença, não terão seus direitos rescindidos, enquanto estes terceiros mantiverem o seu pleno cumprimento.
Você não é obrigado a aceitar esta Licença, uma vez que você não a assinou. Entretanto, nada mais concede a você permissão para modificar ou distribuir a Biblioteca ou suas obras derivadas. Esses atos são proibidos por lei se você não aceitar esta Licença. Portanto, ao modificar ou distribuir a Biblioteca (ou qualquer obra baseada na Biblioteca), você manifesta sua aceitação desta Licença para fazê-lo, bem como de todos os seus termos e condições para cópia, distribuição ou modificação da Biblioteca ou obras nela baseadas.
A cada vez que você redistribuir a Biblioteca (ou qualquer obra nela baseada), o receptor automaticamente recebe uma licença do licenciante original para copiar, distribuir, ligar ou modificar a Biblioteca, sujeito a estes respectivos termos e condições. Você não poderá impor quaisquer restrições adicionais ao exercício, pelos receptores, dos direitos concedidos por este instrumento. Você não tem responsabilidade de promover o cumprimento desta licença por parte de terceiros.
Se, como resultado de uma sentença judicial ou alegação de violação de patente, ou por qualquer outro motivo (não restrito às questões de patentes), forem impostas a você condições (tanto através de mandado judicial, contrato ou qualquer outra forma) que contradigam as condições desta Licença, você não estará desobrigado quanto às condições desta Licença. Se você não puder atuar como distribuidor de modo a satisfazer simultaneamente suas obrigações sob esta licença e quaisquer outras obrigações pertinentes, então, como conseqüência, você não poderá distribuir a Biblioteca de nenhuma forma. Por exemplo, se uma licença sob uma patente não permite a redistribuição por parte de todos aqueles que tiverem recebido cópias, direta ou indiretamente de você, sem o pagamento de royalties, então, a única forma de cumprir tanto com esta exigência quanto com esta licença será deixar de distribuir, por completo, a Biblioteca.
Se qualquer parte desta Cláusula for considerada inválida ou não executável, sob qualquer circunstância específica, o restante da cláusula deverá continuar a ser aplicado e a cláusula, como um todo, deverá ser aplicada em outras circunstâncias.
Esta cláusula não tem a finalidade de induzir você a infringir quaisquer patentes ou direitos de propriedade, nem de contestar a validade de quaisquer reivindicações deste tipo; a única finalidade desta cláusula é proteger a integridade do sistema de distribuição do software livre, o qual é implementado mediante práticas de licenças públicas. Muitas pessoas têm feito generosas contribuições à ampla gama de software distribuído através desse sistema, confiando na aplicação consistente deste sistema; cabe ao autor/doador decidir se deseja distribuir software através de qualquer outro sistema e um licenciado não pode impor esta escolha.
Esta cláusula visa deixar absolutamente claro o que se acredita ser uma conseqüência do restante desta Licença.
Se a distribuição e/ou uso da Biblioteca for restrito em determinados países, tanto por patentes ou por interfaces protegidas por direito autoral, o titular original dos direitos autorais que colocar a Biblioteca sob esta Licença poderá acrescentar uma limitação geográfica de distribuição explícita excluindo esses países, de modo que a distribuição seja permitida somente nos países ou entre os países que não foram excluídos dessa forma. Nesse caso, esta Licença passa a incorporar a limitação como se esta tivesse sido escrita no corpo desta Licença
A Free Software Foundation [Fundação Software Livre] poderá de tempos em tempos publicar versões revisadas e/ou novas da Licença Pública Geral Menor. Essas novas versões serão semelhantes em espírito à presente versão, podendo, porém, ter diferenças nos detalhes, para tratar de novos problemas ou preocupações.
Cada versão recebe um número distinto de versão. Se a Biblioteca especificar um número de versão desta Licença, aplicável à Biblioteca ou a "qualquer versão posterior", você terá a opção de seguir os termos e condições tanto daquela versão como de qualquer versão posterior publicada pela Free Software Foundation. Se a Biblioteca não especificar um número de licença da versão, você poderá escolher qualquer versão já publicada pela Free Software Foundation.
Se você desejar incorporar partes da Biblioteca em outros programas livres cujas condições de distribuição sejam incompatíveis com estas, escreva ao autor para solicitar permissão. Para software cujos direitos autorais pertencerem à Free Software Foundation, escreva à Fundação; algumas vezes, fazemos exceções nesse sentido. Nossa decisão será guiada pelos dois objetivos de preservar a condição livre de todos os derivados de nosso software livre e de promover o compartilhamento e reutilização de softwares, de modo geral.
EXCLUSÃO DE GARANTIA
COMO A BIBLIOTECA É LICENCIADA SEM CUSTO, NÃO HÁ NENHUMA GARANTIA PARA A BIBLIOTECA, NO LIMITE PERMITIDO PELA LEI APLICÁVEL. EXCETO QUANDO DE OUTRA FORMA ESTABELECIDO POR ESCRITO, OS TITULARES DOS DIREITOS AUTORAIS E/OU OUTRAS PARTES FORNECEM A BIBLIOTECA "NO ESTADO EM QUE SE ENCONTRA", SEM NENHUMA GARANTIA DE QUALQUER TIPO, TANTO EXPRESSA COMO IMPLÍCITA, INCLUINDO, DENTRE OUTRAS, AS GARANTIAS IMPLÍCITAS DE COMERCIABILIDADE E ADEQUAÇÃO PARA UMA FINALIDADE ESPECÍFICA. O RISCO INTEGRAL QUANTO À QUALIDADE E DESEMPENHO DA BIBLIOTECA É ASSUMIDO POR VOCÊ. CASO A BIBLIOTECA CONTENHA DEFEITOS, VOCÊ ARCARÁ COM OS CUSTOS DE TODOS OS SERVIÇOS, REPAROS OU CORREÇÕES NECESSÁRIAS.
EM NENHUMA CIRCUNSTÂNCIA, A MENOS QUE EXIGIDO PELA LEI APLICÁVEL OU ACORDADO POR ESCRITO, QUALQUER TITULAR DE DIREITOS AUTORAIS OU QUALQUER OUTRA PARTE QUE POSSA MODIFICAR E/OU REDISTRIBUIR A BIBLIOTECA, CONFORME PERMITIDO ACIMA, SERÁ RESPONSÁVEL PARA COM VOCÊ POR DANOS, INCLUINDO ENTRE OUTROS QUAISQUER DANOS GERAIS, ESPECIAIS, FORTUITOS OU EMERGENTES, ADVINDOS DO USO OU IMPOSSIBILIDADE DE USO DA BIBLIOTECA (INCLUINDO, ENTRE OUTROS, PERDA DE DADOS, DADOS SENDO GERADOS DE FORMA IMPRECISA, PERDAS SOFRIDAS POR VOCÊ OU TERCEIROS OU A IMPOSSIBILIDADE DA BIBLIOTECA DE OPERAR COM QUALQUER OUTRO SOFTWARE), MESMO QUE ESSE TITULAR, OU OUTRA PARTE, TENHA SIDO AVISADO SOBRE A POSSIBILIDADE DESSES DANOS.
FINAL DOS TERMOS E CONDIÇÕES
Como Aplicar Estes Termos para Suas Novas Bibliotecas
Se você desenvolver uma nova biblioteca e quiser que ela seja da maior utilidade possível para o público, nós recomendamos fazer dela um software livre que todos possam redistribuir e modificar. Você pode fazer isto permitindo a redistribuição sob estes termos (ou, alternativamente, sob os termos da Licença Pública Geral comum)
Para fazer isto, anexe as notificações seguintes à biblioteca. É mais seguro anexá-las ao começo de cada arquivo-fonte, de modo a transmitir do modo mais eficiente a exclusão de garantia; e cada arquivo deve ter ao menos a linha de "direitos autorais reservados" e uma indicação de onde a notificação completa se encontra.
<uma linha para informar o nome da biblioteca e uma breve idéia do que ela faz.>
Direitos Autorais Reservados (c) <ano> <nome do autor>
Esta biblioteca é software livre; você pode redistribuí-la e/ou modificá-la sob os termos da Licença Pública Geral
Menor do GNU conforme publicada pela Free Software Foundation; tanto a versão 2.1 da Licença, ou (a seu critério) qualquer versão posterior.
Esta biblioteca é distribuído na expectativa de que seja útil, porém, SEM NENHUMA GARANTIA; nem mesmo a garantia implícita de COMERCIABILIDADE OU ADEQUAÇÃO A UMA FINALIDADE ESPECÍFICA. Consulte a Licença Pública Geral Menor do GNU para mais detalhes.
Você deve ter recebido uma cópia da Licença Pública Geral Menor do GNU junto com esta biblioteca; se não, escreva para a Free Software Foundation, Inc., no endereço 59 Temple Street, Suite 330, Boston, MA 02111-1307 USA.
Inclua também informações sobre como contatar você por correio eletrônico e por meio postal.
Você também pode solicitar a seu empregador (se você for um programador) ou a sua instituição acadêmica, se for o caso, para assinar uma "renúncia de direitos autorais" sobre a biblioteca, se necessário. Segue um exemplo; altere os nomes:
A Yoyodyne Ltda., neste ato, renuncia a todos eventuais direitos autorais sobre a biblioteca 'Frob' (uma biblioteca para ajustar fechaduras), escrita por James Random Hacker.
<Assinatura de Ty Coon>
1º de abril de 1990, Ty Coon, Presidente
Isto é tudo!
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1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
5. Representations, Warranties and Disclaimer
By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
The person or persons who have associated work with this document (the "Dedicator" or "Certifier") hereby either (a) certifies that, to the best of his knowledge, the work of authorship identified is in the public domain of the country from which the work is published, or (b) hereby dedicates whatever copyright the dedicators holds in the work of authorship identified below (the "Work") to the public domain. A certifier, moreover, dedicates any copyright interest he may have in the associated work, and for these purposes, is described as a "dedicator" below.
A certifier has taken reasonable steps to verify the copyright status of this work. Certifier recognizes that his good faith efforts may not shield him from liability if in fact the work certified is not in the public domain.
Dedicator makes this dedication for the benefit of the public at large and to the detriment of the Dedicator's heirs and successors. Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, in the Work. Dedicator understands that such relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.
Dedicator recognizes that, once placed in the public domain, the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived.
Public Domain Mark 1.0
No Copyright
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission. See Other Information below.
Other Information
The work may not be free of known copyright restrictions in all jurisdictions.
Persons may have other rights in or related to the work, such as patent or trademark rights, and others may have rights in how the work is used, such as publicity or privacy rights.
In some jurisdictions moral rights of the author may persist beyond the term of copyright. These rights may include the right to be identified as the author and the right to object to derogatory treatments.
Unless expressly stated otherwise, the person who identified the work makes no warranties about the work, and disclaims liability for all uses of the work, to the fullest extent permitted by applicable law.
When using or citing the work, you should not imply endorsement by the author or the person who identified the work.
ShareAlike 1.0
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
5. Representations, Warranties and Disclaimer
By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Sampling 1.0
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant & Restrictions. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below on the conditions as stated below:
Re-creativity. You may create and reproduce Derivative Works, provided that
the Derivative Work(s) constitute a good-faith partial or recombined usage employing "sampling," "collage," "mash-up," or other comparable artistic technique, whether now known or hereafter devised, that is highly transformative of the original, as appropriate to the medium, genre, and market niche; and
Your Derivative Work(s) must only make a partial use of the original Work, or if you choose to use the original Work as a whole, you must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work. In the case of a musical Work and/or audio recording, the mere synchronization ("synching") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.
You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission, any Derivative Work(s).
Prohibition on advertising. All advertising and promotional uses are excluded from the above rights, except for advertisement and promotion of the Derivative Work(s) that you are creating from the Work and Yourself as the author thereof.
Attribution and Notice. If you distribute, publicly display, publicly perform, or publicly digitally perform any Derivative Work(s), You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; to the extent reasonably practicable, provide the Uniform Resource Identifier, if any, that Licensor specifies to be associated with a Derivative Work, unless such Uniform Resource Identifier does not refer to the copyright notice or licensing information for the Work; and provide a credit identifying the use of the Work in the Derivative Work (e.g., "Remix of the Work by Original Author," or "Inclusion of a portion of the Work by Original Author in a collage"). Such credit may be implemented in any reasonable manner; provided, however, that at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. Upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Disclaimer
UNLESS SPECIFIED OTHERWISE BY THE PARTIES IN A SEPARATE WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
5. Limitation on Liability.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 4, 5, 6, and 7 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
7. Miscellaneous
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements, or representations with respect to the subject matter here, not specified above. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Sampling Plus 1.0
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant & Restrictions. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below on the conditions as stated below:
Re-creativity permitted. You may create and reproduce Derivative Works, provided that:
the Derivative Work(s) constitute a good-faith partial or recombined usage employing "sampling," "collage," "mash-up," or other comparable artistic technique, whether now known or hereafter devised, that is highly transformative of the original, as appropriate to the medium, genre, and market niche; and
Your Derivative Work(s) must only make a partial use of the original Work, or if You choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work. In the case of a musical Work and/or audio recording, the mere synchronization ("synching") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.
You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission, any Derivative Work(s) authorized under this License.
Prohibition on advertising. All advertising and promotional uses are excluded from the above rights, except for advertisement and promotion of the Derivative Work(s) that You are creating from the Work and Yourself as the author thereof.
Noncommercial sharing of verbatim copies permitted.
You may reproduce the Work, incorporate the Work into one or more Collective Works, and reproduce the Work as incorporated in the Collective Works. You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including or incorporated in Collective Works.
You may not exercise any of the rights granted to You in the paragraph immediately above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
Attribution and Notice.
If You distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, provide the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work or a Derivative Work, unless such Uniform Resource Identifier does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, provide a credit identifying the use of the Work in the Derivative Work (e.g., "Remix of the Work by Original Author," or "Inclusion of a portion of the Work by Original Author in collage"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
You may distribute, publicly display, publicly perform or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work or Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access of use of the Work in a manner inconsistent with the terms of this License. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. Upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work or Collective Work any reference to such Licensor or the Original Author, as requested.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Disclaimer
UNLESS SPECIFIED OTHERWISE BY THE PARTIES IN A SEPARATE WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
5. Limitation on Liability.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 4, 5, 6, and 7 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
7. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements, or representations with respect to the Work, and with respect to the subject matter hereof, not specified above. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
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Statement of Purpose
The laws of most jurisdictions throughout the world automatically confer
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Research and Academic Use License
Cognitive Computation Group
University of Illinois at Urbana-Champaign
Downloading software implies that you accept the following license terms:
Under this Agreement, The Board of Trustees of the University of Illinois ("University"), a body corporate and politic of the State of Illinois with its principal offices at 506 South Wright Street, Urbana, Illinois 61801, U.S.A., on behalf of its Department of Computer Science on the Urbana-Champaign Campus, provides the software ("Software") described in Appendix A, attached hereto and incorporated herein, to the Licensee identified below ("Licensee") subject to the following conditions:
1. Upon execution of this Agreement by Licensee below, the University grants, and Licensee accepts, a roylaty-free, non-exclusive license:
A. To use unlimited copies of the Software for its own academic and research purposes.
B. To make derivative works. However, if Licensee distributes any derivative work based on or derived from the Software (with such distribution limited to binary form only), then Licensee will (1) notify the University (c/o Professor Dan Roth, e-mail: danr@cs.uiuc.edu) regarding its distribution of the derivative work and provide a copy if requested, and (2) clearly notify users that such derivative work is a modified version and not the original Software distributed by the University.
C. To redistribute (sublicense) derivative works based on the Software in binary form only to third parties provided that (1) the copyright notice and any accompanying legends or proprietary notices are reproduced on all copies, (2) no royalty is charged for such copies, and (3) third parties are restricted to using the derivative work for academic and research purposes only, without further sublicensing rights.
No license is granted herein that would permit Licensee to incorporate the Software into a commercial product, or to otherwise commercially exploit the Software. Should Licensee wish to make commercial use of the Software, Licensee should contact the University, c/o the Office of Technology Management ("OTM") to negotiate an appropriate license for such commercial use. To contact the OTM: otmmailaccount@ad.uiuc.edu; telephone: (217)333-3781; fax: (217) 265-5530.
2. THE UNIVERSITY GIVES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
3. Licensee understands the Software is a research tool for which no warranties as to capabilities or accuracy are made, and Licensee accepts the Software on an "as is, with all defects" basis, without maintenance, debugging , support or improvement. Licensee assumes the entire risk as to the results and performance of the Software and/or associated materials. Licensee agrees that University shall not be held liable for any direct, indirect, consequential, or incidental damages with respect to any claim by Licensee or any third party on account of or arising from this Agreement or use of the Software and/or associated materials.
4. Licensee understands the Software is proprietary to the University. Licensee will take all reasonable steps to insure that the source code is protected and secured from unauthorized disclosure, use, or release and will treat it with at least the same level of care as Licensee would use to protect and secure its own proprietary computer programs and/or information, but using no less than reasonable care.
5. In the event that Licensee shall be in default in the performance of any material obligations under this Agreement, and if the default has not been remedied within sixty (60) days after the date of notice in writing of such default, University may terminate this Agreement by written notice. In the event of termination, Licensee shall promptly return to University the original and any copies of licensed Software in Licensee's possession. In the event of any termination of this Agreement, any and all sublicenses granted by Licensee to third parties pursuant to this Agreement (as permitted by this Agreement) prior to the date of such termination shall nevertheless remain in full force and effect.
6. The Software was developed, in part, with support from the National Science Foundation, and the Federal Government has certain license rights in the Software.
7. This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois, U.S.A..
8. This Agreement shall be subject to all United States Government laws and regulations now and hereafter applicable to the subject matter of this Agreement, including specifically the Export Law provisions of the Departments of Commerce and State. Licensee will not export or re-export the Software without the appropriate United States or foreign government license.
By its registration below, Licensee confirms that it understands the terms and conditions of this Agreement, and agrees to be bound by them. This Agreement shall become effective as of the date of execution by Licensee.
CCLRC License for CCLRC Software forming part of the Climate Model Output
Rewriter Tools Package.
The Council for the Central Laboratory of the Research Councils (CCLRC)
grants any person who obtains a copy of this software (the Software),
free of charge, the non-exclusive, worldwide right to use, copy, modify,
distribute and sub-license the use of the Software on the terms and
conditions appearing below:
1)The Software may be used only as part of the Climate Data Analysis
Tools Package, made available to users free of charge.
2)The CCLRC copyright notice and any other notice placed by CCLRC on the
Software must be reproduced on every copy of the Software, and on every
Derived Work. A Derived Work means any modification of, or enhancement
or improvement to, any of the Software, and any software or other work
developed or derived from any of the Software.
3)CCLRC gives no warranty and makes no representation in relation to
the Software. The Licensee and anyone to whom the Licensee makes the
Software or any Derived Work available, use the Software at their own
risk.
4)All warranties, conditions, terms, undertakings and obligations on the
part of CCLRC, implied by statute, common law, custom, trade usage,
course of dealing or in any other way are excluded to the fullest extent
permitted by law.
5)Subject to condition 6, CCLRC will not be liable for:
a)any loss of profits, loss of revenue, loss or corruption
of data, loss of contracts or opportunity, loss of savings or third
party claims (in each case whether direct or indirect);
b)any indirect loss or damage arising out of or in
connection with the Software;
c)any direct loss or damage arising out of, or in connection
with, the Software in each case, whether that loss arises as a result of
CCLRC's negligence, or in any other way, even if CCLRC has been
advised of the possibility of that loss arising, or if it was within
CCLRC's contemplation.
6)None of these conditions limits or excludes CCLRC's liability for
death or personal injury caused by its negligence or for any fraud, or
for any sort of liability that, by law, cannot be limited or excluded.
7)These conditions set out the entire agreement relating to the
Software. The licensee acknowledges that it has not relied on any
warranty, representation, statement, agreement or undertaking given by
CCLRC, and waives any claim in respect of any of the same.
8)The rights granted above will cease immediately on any breach of these
conditions and the licensee will destroy all copies of the Software and
any Derived Work in its control or possession. Conditions 3, 4, 5, 6, 7,
8, 9 and 10 will survive termination and continue indefinitely.
9)The licence and these conditions are governed by, and are to be
construed in accordance with, English law. The English Courts will have
exclusive jurisdiction to deal with any dispute which has arisen or may
arise out of or in connection with the Software, the rights granted and
these conditions, except that CCLRC may bring proceedings for an
injunction in any jurisdiction.
10)If the whole or any part of these conditions are void or
unenforceable in any jurisdiction, the other provisions, and the rest of
the void or unenforceable provision, will continue in force in that
jurisdiction, and the validity and enforceability of that provision in
any other jurisdiction will not be affected.
Common Cure Rights Commitment
Version 1.0
Before filing or continuing to prosecute any legal proceeding or claim
(other than a Defensive Action) arising from termination of a Covered
License, we commit to extend to the person or entity ('you') accused
of violating the Covered License the following provisions regarding
cure and reinstatement, taken from GPL version 3. As used here, the
term 'this License' refers to the specific Covered License being
enforced.
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly
and finally terminates your license, and (b) permanently, if the
copyright holder fails to notify you of the violation by some
reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you
have received notice of violation of this License (for any work)
from that copyright holder, and you cure the violation prior to 30
days after your receipt of the notice.
We intend this Commitment to be irrevocable, and binding and
enforceable against us and assignees of or successors to our
copyrights.
Definitions
'Covered License' means the GNU General Public License, version 2
(GPLv2), the GNU Lesser General Public License, version 2.1
(LGPLv2.1), or the GNU Library General Public License, version 2
(LGPLv2), all as published by the Free Software Foundation.
'Defensive Action' means a legal proceeding or claim that We bring
against you in response to a prior proceeding or claim initiated by
you or your affiliate.
'We' means each contributor to this repository as of the date of
inclusion of this file, including subsidiaries of a corporate
contributor.
This work is available under a Creative Commons Attribution-ShareAlike
4.0 International license (https://creativecommons.org/licenses/by-sa/4.0/).
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1. Definitions.
1.1. Contributor means each individual or entity that creates or contributes to the creation of Modifications.
1.2. Contributor Version means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. Covered Software means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. Executable means the Covered Software in any form other than Source Code.
1.5. Initial Developer means the individual or entity that first makes Original Software available under this License.
1.6. Larger Work means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. License means this document.
1.8. Licensable means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. Modifications means the Source Code and Executable form of any of the following: A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications; B. Any new file that contains any part of the Original Software or previous Modification; or C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. Original Software means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. Source Code means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. You (or Your) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant. Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof);
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License;
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant. Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code. Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
3.2. Modifications. The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices. You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms. You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions. You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipients rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works. You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions. Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions. You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions. When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as Participant) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS. The Covered Software is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdictions conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source Code.
1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as "Participant") alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
Community Data License Agreement – Permissive – Version 1.0
This is the Community Data License Agreement – Permissive, Version 1.0 ("Agreement"). Data is provided to You under this Agreement by each of the Data Providers. Your exercise of any of the rights and permissions granted below constitutes Your acceptance and agreement to be bound by the terms and conditions of this Agreement.
The benefits that each Data Provider receives from making Data available and that You receive from Data or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this Agreement. Accordingly, Data Provider(s) and You (the "Parties") agree as follows:
Section 1. Definitions
1.1 "Add" means to supplement Data with Your own or someone else’s Data, resulting in Your "Additions." Additions do not include Results.
1.2 "Computational Use" means Your analysis (through the use of computational devices or otherwise) or other interpretation of Data. By way of example and not limitation, "Computational Use" includes the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.
1.3 "Data" means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a Data Provider or an Entity acting on its behalf, to which rights are granted under this Agreement.
1.4 "Data Provider" means any Entity (including any employee or contractor of such Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this Agreement prior to Your Receiving it.
1.5 "Enhanced Data" means the subset of Data that You Publish and that is composed of (a) Your Additions and/or (b) Modifications to Data You have received under this Agreement.
1.6 "Entity" means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.
1.7 "Modify" means to delete, erase, correct or re-arrange Data, resulting in "Modifications." Modifications do not include Results.
1.8 "Publish" means to make all or a subset of Data (including Your Enhanced Data) available in any manner which enables its Use, including by providing a copy on physical media or remote access. For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity’s behalf. A "Publication" occurs each time You Publish Data.
1.9 "Receive" or "Receives" means to have been given access to Data, locally or remotely.
1.10 "Results" means the outcomes or outputs that You obtain from Your Computational Use of Data. Results shall not include more than a de minimis portion of the Data on which the Computational Use is based.
1.11 "Sui Generis Database Rights" means rights, other than copyright, resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other equivalent rights anywhere in the world.
1.12 "Use" means using Data (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it), either by machines or humans, or a combination of both.
1.13 "You" or "Your" means any Entity that Receives Data under this Agreement.
Section 2. Right and License to Use and to Publish
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to: (a) Use Data; and (b) Publish Data.
2.2 To the extent that the Data or the coordination, selection or arrangement of Data is protected or protectable under copyright, Sui Generis Database Rights, or other law, Data Provider(s) further agree(s) that such Data or coordination, selection or arrangement is hereby licensed to You and to anyone else who Receives Data under this Agreement for Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
Section 3. Conditions on Rights Granted
3.1 If You Publish Data You Receive or Enhanced Data:
(a) You may do so under a license of Your choice provided that You give anyone who Receives the Data from You the text of this Agreement, the name of this Agreement and/or a hyperlink or other method reasonably likely to provide a copy of the text of this Agreement; and
(b) You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or attribution to the Data Provider(s). Such retained credit or attribution includes any of the following to the extent they exist in Data as You have Received it: legal notices or metadata; identification of the Data Provider(s); or hyperlinks to Data to the extent it is practical to do so.
3.2 You may provide additional or different license terms and conditions for use, reproduction, or distribution of that Enhanced Data, or for any combination of Data and Enhanced Data as a whole, provided that Your Use and Publication of that combined Data otherwise complies with the conditions stated in this License.
3.3 You and each Data Provider agree that Enhanced Data shall not be considered a work of joint authorship by virtue of its relationship to Data licensed under this Agreement and shall not require either any obligation of accounting to or the consent of any Data Provider.
3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
Section 4. Data Provider(s)’ Representations
4.1 Each Data Provider represents that the Data Provider has exercised reasonable care, to assure that: (a) the Data it Publishes was created or generated by it or was obtained from others with the right to Publish the Data under this Agreement; and (b) Publication of such Data does not violate any privacy or confidentiality obligation undertaken by the Data Provider.
Section 5. Termination
5.1 All of Your rights under this Agreement will terminate, and Your right to Receive, Use or Publish the Data will be revoked or modified if You materially fail to comply with the terms and conditions of this Agreement and You do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Your rights under this Agreement terminate, You agree to cease Receipt, Use and Publication of Data. However, Your obligations and any rights and permissions granted by You under this Agreement relating to Data that You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else who Receives the Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting breach of this Agreement, then any rights previously granted to You to Receive, Use and Publish Data under this Agreement will terminate as of the date such litigation is filed.
Section 6. Disclaimer of Warranties and Limitation of Liability
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 7. Miscellaneous
7.1 You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your Use or Publication of Data, including any applicable privacy, data protection, security and export laws. You agree to take reasonable steps to assist a Data Provider fulfilling responsibilities to comply with applicable laws with regard to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights You or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or confidentiality in any Data that they Publish under this Agreement. If You choose to Publish Data under this Agreement, You similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that Data.
7.5 The Community Data License Agreement workgroup under The Linux Foundation is the steward of this Agreement ("Steward"). No one other than the Steward has the right to modify or publish new versions of this Agreement. Each version will be given a distinguishing version number. You may Use and Publish Data Received hereunder under the terms of the version of the Agreement under which You originally Received the Data, or under the terms of any subsequent version published by the Steward.
Community Data License Agreement - Permissive - Version 2.0
This is the Community Data License Agreement - Permissive, Version 2.0 (the "agreement"). Data Provider(s) and Data Recipient(s) agree as follows:
1. Provision of the Data
1.1. A Data Recipient may use, modify, and share the Data made available by Data Provider(s) under this agreement if that Data Recipient follows the terms of this agreement.
1.2. This agreement does not impose any restriction on a Data Recipient's use, modification, or sharing of any portions of the Data that are in the public domain or that may be used, modified, or shared under any other legal exception or limitation.
2. Conditions for Sharing Data
2.1. A Data Recipient may share Data, with or without modifications, so long as the Data Recipient makes available the text of this agreement with the shared Data.
3. No Restrictions on Results
3.1. This agreement does not impose any restriction or obligations with respect to the use, modification, or sharing of Results.
4. No Warranty; Limitation of Liability
4.1. All Data Recipients receive the Data subject to the following terms:
THE DATA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO DATA PROVIDER SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Definitions
5.1. "Data" means the material received by a Data Recipient under this agreement.
5.2. "Data Provider" means any person who is the source of Data provided under this agreement and in reliance on a Data Recipient's agreement to its terms.
5.3. "Data Recipient" means any person who receives Data directly or indirectly from a Data Provider and agrees to the terms of this agreement.
5.4. "Results" means any outcome obtained by computational analysis of Data, including for example machine learning models and models' insights.
Community Data License Agreement – Sharing – Version 1.0
This is the Community Data License Agreement – Sharing, Version 1.0 ("Agreement"). Data is provided to You under this Agreement by each of the Data Providers. Your exercise of any of the rights and permissions granted below constitutes Your acceptance and agreement to be bound by the terms and conditions of this Agreement.
The benefits that each Data Provider receives from making Data available and that You receive from Data or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this Agreement. Accordingly, Data Provider(s) and You (the "Parties") agree as follows:
Section 1. Definitions
1.1 "Add" means to supplement Data with Your own or someone else’s Data, resulting in Your "Additions." Additions do not include Results.
1.2 "Computational Use" means Your analysis (through the use of computational devices or otherwise) or other interpretation of Data. By way of example and not limitation, "Computational Use" includes the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.
1.3 "Data" means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a Data Provider or an Entity acting on its behalf, to which rights are granted under this Agreement.
1.4 "Data Provider" means any Entity (including any employee or contractor of such Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this Agreement prior to Your Receiving it.
1.5 "Enhanced Data" means the subset of Data that You Publish and that is composed of (a) Your Additions and/or (b) Modifications to Data You have received under this Agreement.
1.6 "Entity" means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.
1.7 "Ledger" means a digital record of Data or grants of rights in Data governed by this Agreement, using any technology having functionality to record and store Data or grants, contributions, or licenses to Data governed by this Agreement.
1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting in "Modifications." Modifications do not include Results.
1.9 "Publish" means to make all or a subset of Data (including Your Enhanced Data) available in any manner which enables its Use, including by providing a copy on physical media or remote access. For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity’s behalf. A "Publication" occurs each time You Publish Data.
1.10 "Receive" or "Receives" means to have been given access to Data, locally or remotely.
1.11 "Results" means the outcomes or outputs that You obtain from Your Computational Use of Data. Results shall not include more than a de minimis portion of the Data on which the Computational Use is based.
1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other equivalent rights anywhere in the world.
1.13 "Use" means using Data (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it), either by machines or humans, or a combination of both.
1.14 "You" or "Your" means any Entity that Receives Data under this Agreement.
Section 2. Right and License to Use and to Publish
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to: (a) Use Data; and (b) Publish Data.
2.2 To the extent that the Data or the coordination, selection or arrangement of Data is protected or protectable under copyright, Sui Generis Database Rights, or other law, Data Provider(s) further agree(s) that such Data or coordination, selection or arrangement is hereby licensed to You and to anyone else who Receives Data under this Agreement for Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
Section 3. Conditions on Rights Granted
3.1 If You Publish Data You Receive or Enhanced Data:
(a) The Data (including the Enhanced Data) must be Published under this Agreement in accordance with this Section 3; and
(b) You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or attribution to the Data Provider(s). Such retained credit or attribution includes any of the following to the extent they exist in Data as You have Received it: legal notices or metadata; identification of the Data Provider(s); or hyperlinks to Data to the extent it is practical to do so.
3.2 You may not restrict or deter the ability of anyone who Receives the Data (a) to Publish the Data in a publicly-accessible manner or (b) if the project has designated a Ledger for recording Data or grants of rights in Data for purposes of this Agreement, to record the Data or grants of rights in Data in the Ledger.
3.3 If You Publish Data You Receive, You must do so under an unmodified form of this Agreement and include the text of this Agreement, the name of this Agreement and/or a hyperlink or other method reasonably likely to provide a copy of the text of this Agreement. You may not modify this Agreement or impose any further restrictions on the exercise of the rights granted under this Agreement, including by adding any restriction on commercial or non-commercial Use of Data (including Your Enhanced Data) or by limiting permitted Use of such Data to any particular platform, technology or field of endeavor. Notices that purport to modify this Agreement shall be of no effect.
3.4 You and each Data Provider agree that Enhanced Data shall not be considered a work of joint authorship by virtue of its relationship to Data licensed under this Agreement and shall not require either any obligation of accounting to or the consent of any Data Provider.
3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
Section 4. Data Provider(s)’ Representations
4.1 Each Data Provider represents that the Data Provider has exercised reasonable care, to assure that: (a) the Data it Publishes was created or generated by it or was obtained from others with the right to Publish the Data under this Agreement; and (b) Publication of such Data does not violate any privacy or confidentiality obligation undertaken by the Data Provider.
Section 5. Termination
5.1 All of Your rights under this Agreement will terminate, and Your right to Receive, Use or Publish the Data will be revoked or modified if You materially fail to comply with the terms and conditions of this Agreement and You do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Your rights under this Agreement terminate, You agree to cease Receipt, Use and Publication of Data. However, Your obligations and any rights and permissions granted by You under this Agreement relating to Data that You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else who Receives the Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting breach of this Agreement, then any rights previously granted to You to Receive, Use and Publish Data under this Agreement will terminate as of the date such litigation is filed.
Section 6. Disclaimer of Warranties and Limitation of Liability
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 7. Miscellaneous
7.1 You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your Use or Publication of Data, including any applicable privacy, data protection, security and export laws. You agree to take reasonable steps to assist a Data Provider fulfilling responsibilities to comply with applicable laws with regard to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights You or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or confidentiality in any Data that they Publish under this Agreement. If You choose to Publish Data under this Agreement, You similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that Data.
7.5 The Community Data License Agreement workgroup under The Linux Foundation is the steward of this Agreement ("Steward"). No one other than the Steward has the right to modify or publish new versions of this Agreement. Each version will be given a distinguishing version number. You may Use and Publish Data Received hereunder under the terms of the version of the Agreement under which You originally Received the Data, or under the terms of any subsequent version published by the Steward.
FREE SOFTWARE LICENSING AGREEMENT CeCILL
========================================
Notice
------
This Agreement is a free software license that is the result of discussions
between its authors in order to ensure compliance with the two main
principles guiding its drafting:
- firstly, its conformity with French law, both as regards the law of
torts and intellectual property law, and the protection that it offers
to authors and the holders of economic rights over software.
- secondly, compliance with the principles for the distribution of free
software: access to source codes, extended user-rights.
The following bodies are the authors of this license CeCILL (Ce : CEA, C :
CNRS, I : INRIA, LL : Logiciel Libre):
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial establishment, having its principal place of business at 31-33
rue de la Fédération, 75752 PARIS cedex 15.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business at
3 rue Michel-Ange 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique - INRIA, a
public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le
Chesnay cedex.
PREAMBLE
--------
The purpose of this Free Software Licensing Agreement is to grant users the
right to modify and redistribute the software governed by this license
within the framework of an "open source" distribution model.
The exercising of these rights is conditional upon certain obligations for
users so as to ensure that this status is retained for subsequent
redistribution operations.
Nevertheless, access to the source code, and the resulting rights to copy,
modify and redistribute only provide users with a limited warranty and the
software's author, the holder of the economic rights, and the successive
licensors only have limited liability.
In this respect, the user's attention is drawn to the risks associated with
loading, using, modifying and/or developing or reproducing the software by
the user in light of its specific status of free software, that may mean
that it is complicated to manipulate, and that also therefore means that it
is reserved for developers and experienced professionals having in-depth IT
knowledge. Users are therefore encouraged to load and test the Software's
suitability as regards their requirements in conditions enabling the
security of their systems and/or data to be ensured and, more generally, to
use and operate it in the same conditions as regards security. This
Agreement may be freely reproduced and published, provided it is not
altered, and that no Articles are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the operation thereof to its provisions.
Article 1 - DEFINITIONS
------------------------
For the purposes of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this Licensing Agreement, and any or all of its subsequent
versions.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" at the time when the
Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and/or Object Code
form and, where applicable, its documentation, "as is" at the time when it
is distributed for the first time under the terms and conditions of the
Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder of the economic copyright over the Initial
Software.
Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any or all other individual or legal entity,
that distributes the Software under the Agreement.
Contributions: mean any or all modifications, corrections, translations,
adaptations and/or new functionalities integrated into the Software by any
or all Contributor, and the Static Modules.
Module: means a set of sources files including their documentation that,
once compiled in executable form, enables supplementary functionalities or
services to be developed in addition to those offered by the Software.
Dynamic Module: means any or all module, created by the Contributor, that
is independent of the Software, so that this module and the Software are in
two different executable forms that are run in separate address spaces,
with one calling the other when they are run.
Static Module: means any or all module, created by the Contributor and
connected to the Software by a static link that makes their object codes
interdependent. This module and the Software to which it is connected, are
combined in a single executable.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
-------------------
The purpose of the Agreement is to enable the Licensor to grant the
Licensee a free, non-exclusive, transferable and worldwide License for the
Software as set forth in Article 5 hereinafter for the whole term of
protection of the rights over said Software.
Article 3 - ACCEPTANCE
----------------------
3.1. The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement by the occurrence of the first of the
following events:
- (i) loading the Software by any or all means, notably, by downloading
from a remote server, or by loading from a physical medium;
- (ii) the first time the Licensee exercises any of the rights granted
hereunder.
3.2. One copy of the Agreement, containing a notice relating to the
specific nature of the Software, to the limited warranty, and to the
limitation to use by experienced users has been provided to the Licensee
prior to its acceptance as set forth in Article 3.1 hereinabove, and the
Licensee hereby acknowledges that it is aware thereof.
Article 4 - EFFECTIVE DATE AND TERM
-----------------------------------
4.1. EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2. TERM
The Agreement shall remain in force during the whole legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF THE RIGHTS GRANTED
---------------------------------------
The Licensor hereby grants to the Licensee, that accepts such, the
following rights as regards the Software for any or all use, and for the
term of the Agreement, on the basis of the terms and conditions set forth
hereinafter.
Otherwise, the Licensor grants to the Licensee free of charge exploitation
rights on the patents he holds on whole or part of the inventions
implemented in the Software.
5.1. RIGHTS OF USE
The Licensee is authorized to use the Software, unrestrictedly, as regards
the fields of application, with it being hereinafter specified that this
relates to:
- permanent or temporary reproduction of all or part of the Software by
any or all means and in any or all form.
- loading, displaying, running, or storing the Software on any or all
medium.
- entitlement to observe, study or test the operation thereof so as to
establish the ideas and principles that form the basis for any or all
constituent elements of said Software. This shall apply when the
Licensee carries out any or all loading, displaying, running,
transmission or storage operation as regards the Software, that it is
entitled to carry out hereunder.
5.2. entitlement to make CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modification to the Software, and the right to
reproduce the resulting Software.
The Licensee is authorized to make any or all Contribution to the Software
provided that it explicitly mentions its name as the author of said
Contribution and the date of the development thereof.
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
In particular, the right of distribution and publication includes the right
to transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, a copy or copies of the Software
by means of any or all process.
The Licensee is further authorized to redistribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to redistribute true copies of the Software in
Source Code or Object Code form, provided that said redistribution complies
with all the provisions of the Agreement and is accompanied by:
- a copy of the Agreement,
- a notice relating to the limitation of both the Licensor's warranty
and liability as set forth in Articles 8 and 9,
and that, in the event that only the Software's Object Code is
redistributed, the Licensee allows future Licensees unhindered access to
the Software's full Source Code by providing them with the terms and
conditions for access thereto, it being understood that the additional cost
of acquiring the Source Code shall not exceed the cost of transferring the
data.
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and
conditions for the redistribution of the Modified Software shall then be
subject to all the provisions hereof.
The Licensee is authorized to redistribute the Modified Software, in Source
Code or Object Code form, provided that said redistribution complies with
all the provisions of the Agreement and is accompanied by:
- a copy of the Agreement,
- a notice relating to the limitation of both the Licensor's warranty
and liability as set forth in Articles 8 and 9,
and that, in the event that only the Modified Software's Object Code is
redistributed, the Licensee allows future Licensees unhindered access to
the Modified Software's full Source Code by providing them with the terms
and conditions for access thereto, it being understood that the additional
cost of acquiring the Source Code shall not exceed the cost of transferring
the data.
5.3.3. redistribution OF DYNAMIC MODULES
When the Licensee has developed a Dynamic Module, the terms and conditions
hereof do not apply to said Dynamic Module, that may be distributed under
a separate Licensing Agreement.
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
In the event that the Modified or unmodified Software includes a code that
is subject to the provisions of the GPL License, the Licensee is authorized
to redistribute the whole under the GPL License.
In the event that the Modified Software includes a code that is subject to
the provisions of the GPL License, the Licensee is authorized to
redistribute the Modified Software under the GPL License.
Article 6 - INTELLECTUAL PROPERTY
----------------------------------
6.1. OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and
conditions under which the Holder has elected to distribute its work and no
one shall be entitled to and it shall have sole entitlement to modify the
terms and conditions for the distribution of said Initial Software.
The Holder undertakes to maintain the distribution of the Initial Software
under the conditions of the Agreement, for the duration set forth in
article 4.2..
6.2. OVER THE CONTRIBUTIONS
The intellectual property rights over the Contributions are attached to the
holder of the economic rights as designated by effective legislation.
6.3. OVER THE DYNAMIC MODULES
The Licensee having developed a Dynamic Module is the holder of the
intellectual property rights over said Dynamic Module and is free to choose
the agreement that shall govern its distribution.
6.4. JOINT PROVISIONS
6.4.1. The Licensee expressly undertakes:
- not to remove, or modify, in any or all manner, the intellectual
property notices affixed to the Software;
- to reproduce said notices, in an identical manner, in the copies of
the Software.
6.4.2. The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors and to take,
where applicable, vis-à-vis its staff, any or all measures required to
ensure respect for said intellectual property rights of the Holder and/or
Contributors.
Article 7 - RELATED SERVICES
-----------------------------
7.1. Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of service. The
terms and conditions of such technical assistance, and/or such
maintenance, shall then be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2. Similarly, any or all Licensor shall be entitled to offer to its
Licensees, under its own responsibility, a warranty, that shall only be
binding upon itself, for the redistribution of the Software and/or the
Modified Software, under terms and conditions that it shall decide upon
itself. Said warranty, and the financial terms and conditions of its
application, shall be subject to a separate instrument executed between the
Licensor and the Licensee.
Article 8 - LIABILITY
----------------------
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
fulfill all or part of its obligations hereunder, the Licensee shall be
entitled to claim compensation for the direct loss suffered that it is able
to justify, subject to providing proof of negligence by the Licensor in
question.
8.2. The Licensor's liability is limited to the commitments made under this
Licensing Agreement and shall not be incurred as a result , in particular:
(i) of loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss due to the Software's use or
performance that is suffered by the Licensee, when the latter is a
professional using said Software for professional purposes and (iii)
consequential loss due to the Software's use or performance. The Parties
expressly agree that any or all pecuniary or business loss (i.e. loss of
data, loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party, shall
constitute consequential loss and shall not provide entitlement to any or
all compensation from the Licensor.
Article 9 - WARRANTY
---------------------
9.1. The Licensee acknowledges that the current situation as regards
scientific and technical know-how at the time when the Software was
distributed did not enable all possible uses to be tested and verified, nor
for the presence of any or all faults to be detected. In this respect, the
Licensee's attention has been drawn to the risks associated with loading,
using, modifying and/or developing and reproducing the Software that are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the
product's suitability for its requirements, its due and proper functioning,
and for ensuring that it shall not cause damage to either persons or
property.
9.2. The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights on the Software (including in particular the rights
set forth in Article 5 hereof over the Software).
9.3. The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any or all other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any or all
warranty as to its market value, its securised, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free from
any or all error, that it shall operate continuously, that it shall be
compatible with the Licensee's own equipment and its software
configuration, nor that it shall meet the Licensee's requirements.
9.4. The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any or all third party intellectual right
relating to a patent, software or to any or all other property right.
Moreover, the Licensor shall not hold the Licensee harmless against any or
all proceedings for infringement that may be instituted in respect of the
use, modification and redistribution of the Software. Nevertheless, should
such proceedings be instituted against the Licensee, the Licensor shall
provide it with technical and legal assistance for its defense. Such
technical and legal assistance shall be decided upon on a case-by-case
basis between the relevant Licensor and the Licensee pursuant to a
memorandum of understanding. The Licensor disclaims any or all liability as
regards the Licensee's use of the Software's name. No warranty shall be
provided as regards the existence of prior rights over the name of the
Software and as regards the existence of a trademark.
Article 10 - TERMINATION
-------------------------
10.1. In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement thirty
(30) days after notice has been sent to the Licensee and has remained
ineffective.
10.2. The Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any or all
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance with
the terms and conditions hereof.
Article 11 - MISCELLANEOUS PROVISIONS
--------------------------------------
11.1. EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an
act of God or an outside cause, such as, notably, defective functioning, or
interruptions affecting the electricity or telecommunications networks,
blocking of the network following a virus attack, the intervention of the
government authorities, natural disasters, water damage, earthquakes, fire,
explosions, strikes and labor unrest, war, etc.
11.2. The fact that either Party may fail, on one or several occasions, to
invoke one or several of the provisions hereof, shall under no
circumstances be interpreted as being a waiver by the interested Party of
its entitlement to invoke said provision(s) subsequently.
11.3. The Agreement cancels and replaces any or all previous agreement,
whether written or oral, between the Parties and having the same purpose,
and constitutes the entirety of the agreement between said Parties
concerning said purpose. No supplement or modification to the terms and
conditions hereof shall be effective as regards the Parties unless it is
made in writing and signed by their duly authorized representatives.
11.4. In the event that one or several of the provisions hereof were to
conflict with a current or future applicable act or legislative text, said
act or legislative text shall take precedence, and the Parties shall make
the necessary amendments so as to be in compliance with said act or
legislative text. All the other provisions shall remain effective.
Similarly, the fact that a provision of the Agreement may be null and
void, for any reason whatsoever, shall not cause the Agreement as a whole
to be null and void.
11.5. LANGUAGE
The Agreement is drafted in both French and English. In the event of a
conflict as regards construction, the French version shall be deemed
authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
-------------------------------------------
12.1. Any or all person is authorized to duplicate and distribute copies of
this Agreement.
12.2. So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, that reserve the
right to periodically publish updates or new versions of the Agreement,
each with a separate number. These subsequent versions may incorporate new
problems encountered by the free software.
12.3. Any or all Software distributed under a given version of the
Agreement may only be subsequently distributed under the same version of
the Agreement, or a subsequent version, subject to the provisions of
article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
-------------------------------------------
13.1. The Agreement is governed by French law. The Parties agree to
endeavor to settle the disagreements or disputes that may arise during the
performance of the Agreement out-of-court.
13.2. In the absence of an out-of-court settlement within two (2) months as
from their occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the first Party to take action.
Version 1 of 06/21/2004
CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL
===========================================
Avertissement
-------------
Ce contrat est une licence de logiciel libre issue d'une concertation entre
ses auteurs afin que le respect de deux grands principes préside à sa
rédaction :
- d'une part, sa conformité au droit français, tant au regard du droit de
la responsabilité civile que du droit de la propriété intellectuelle
et de la protection qu'il offre aux auteurs et titulaires des droits
patrimoniaux sur un logiciel.
- d'autre part, le respect des principes de diffusion des logiciels
libres : accès au code source, droits étendus conférés aux
utilisateurs.
Les auteurs de la cette licence CeCILL (Ce : CEA, C : CNRS, I : INRIA, LL :
Logiciel Libre) sont :
Commissariat à l'Energie Atomique - CEA, établissement public de caractère
scientifique technique et industriel, dont le siège est situé 31-33 rue de
la Fédération, 75752 PARIS cedex 15.
Centre National de la Recherche Scientifique - CNRS, établissement public à
caractère scientifique et technologique, dont le siège est situé 3 rue
Michel-Ange 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique - INRIA,
établissement public à caractère scientifique et technologique, dont le
siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex.
PREAMBULE
---------
Ce contrat est une licence de logiciel libre dont l'objectif est de
conférer aux utilisateurs la liberté de modification et de redistribution
du logiciel régi par cette licence dans le cadre d'un modèle de diffusion
« open source » fondée sur le droit français.
L'exercice de ces libertés est assorti de certains devoirs à la charge des
utilisateurs afin de préserver ce statut au cours des redistributions
ultérieures.
L'accessibilité au code source et les droits de copie, de modification et
de redistribution qui en découlent ont pour contrepartie de n'offrir aux
utilisateurs qu'une garantie limitée et de ne faire peser sur l'auteur du
logiciel, le titulaire des droits patrimoniaux et les concédants successifs
qu'une responsabilité restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques
associés au chargement, à l'utilisation, à la modification et/ou au
développement et à la reproduction du logiciel par l'utilisateur étant
donné sa spécificité de logiciel libre, qui peut le rendre complexe à
manipuler et qui le réserve donc à des développeurs et des professionnels
avertis possédant des connaissances informatiques approfondies. Les
utilisateurs sont donc invités à charger et tester l'adéquation du Logiciel
à leurs besoins dans des conditions permettant d'assurer la sécurité de
leurs systèmes et ou de leurs données et, plus généralement, à l'utiliser
et l'exploiter dans les même conditions de sécurité. Ce contrat peut être
reproduit et diffusé librement, sous réserve de le conserver en l'état,
sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le titulaire
des droits patrimoniaux décide de soumettre l'exploitation aux dispositions
qu'il contient.
Article 1er - DEFINITIONS
-------------------------
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une
lettre capitale, auront la signification suivante :
Contrat : désigne le présent contrat de licence, ses éventuelles versions
postérieures avenants et annexes.
Logiciel : désigne le logiciel sous sa forme de Code Objet et/ou de Code
Source et le cas échéant sa documentation, dans leur état au moment de
l'acceptation du Contrat par le Licencié.
Logiciel Initial : désigne le Logiciel sous sa forme de Code Source et de
Code Objet et le cas échéant sa documentation, dans leur état au moment de
leur première diffusion sous les termes du Contrat.
Logiciel Modifié : désigne le Logiciel modifié par au moins une
Contribution.
Code Source : désigne l'ensemble des instructions et des lignes de
programme du Logiciel et auquel l'accès est nécessaire en vue de modifier
le Logiciel.
Code Objet : désigne les fichiers binaires issus de la compilation du Code
Source.
Titulaire : désigne le détenteur des droits patrimoniaux d'auteur sur le
Logiciel Initial.
Licencié(s) : désigne le ou les utilisateur(s) du Logiciel ayant accepté le
Contrat.
Contributeur : désigne le Licencié auteur d'au moins une Contribution.
Concédant : désigne le Titulaire ou toute personne physique ou morale
distribuant le Logiciel sous le Contrat.
Contributions : désigne l'ensemble des modifications, corrections,
traductions, adaptations et/ou nouvelles fonctionnalités intégrées dans le
Logiciel par tout Contributeur, ainsi que les Modules Statiques.
Module : désigne un ensemble de fichiers sources y compris leur
documentation qui, une fois compilé sous forme exécutable, permet de
réaliser des fonctionnalités ou services supplémentaires à ceux fournis par
le Logiciel.
Module Dynamique : désigne tout Module, créé par le Contributeur,
indépendant du Logiciel, tel que ce Module et le Logiciel sont sous forme
de deux exécutables indépendants qui s'exécutent dans un espace d'adressage
indépendant, l'un appelant l'autre au moment de leur exécution.
Module Statique : désigne tout Module créé par le Contributeur et lié au
Logiciel par un lien statique rendant leur code objet dépendant l'un de
l'autre. Ce Module et le Logiciel auquel il est lié, sont regroupés en un
seul exécutable.
Parties : désigne collectivement le Licencié et le Concédant.
Ces termes s'entendent au singulier comme au pluriel.
Article 2 - OBJET
-----------------
Le Contrat a pour objet la concession par le Concédant au Licencié d'une
Licence non exclusive, transférable et mondiale du Logiciel telle que
définie ci-après à l'article 5 pour toute la durée de protection des droits
portant sur ce Logiciel.
Article 3 - ACCEPTATION
-----------------------
3.1. L'acceptation par le Licencié des termes du Contrat est réputée
acquise du fait du premier des faits suivants :
- (i) le chargement du Logiciel par tout moyen notamment par
téléchargement à partir d'un serveur distant ou par chargement à
partir d'un support physique ;
- (ii) le premier exercice par le Licencié de l'un quelconque des droits
concédés par le Contrat.
3.2. Un exemplaire du Contrat, contenant notamment un avertissement relatif
aux spécificités du Logiciel, à la restriction de garantie et à la
limitation à un usage par des utilisateurs expérimentés a été mis à
disposition du Licencié préalablement à son acceptation telle que définie à
l'article 3.1 ci dessus et le Licencié reconnaît en avoir pris
connaissances.
Article 4 - ENTREE EN VIGUEUR ET DUREE
--------------------------------------
4.1. ENTREE EN VIGUEUR
Le Contrat entre en vigueur à la date de son acceptation par le Licencié
telle que définie en 3.1.
4.2. DUREE
Le Contrat produira ses effets pendant toute la durée légale de protection
des droits patrimoniaux portant sur le Logiciel.
Article 5 - ETENDUE DES DROITS CONCEDES
---------------------------------------
Le Concédant concède au Licencié, qui accepte, les droits suivants sur le
Logiciel pour toutes destinations et pour la durée du Contrat dans les
conditions ci-après détaillées.
Par ailleurs, le Concédant concède au Licencié à titre gracieux les droits
d'exploitation du ou des brevets qu'il détient sur toute ou partie des
inventions implémentées dans le Logiciel.
5.1. DROITS D'UTILISATION
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant aux
domaines d'application, étant ci-après précisé que cela comporte :
- la reproduction permanente ou provisoire du Logiciel en tout ou partie
par tout moyen et sous toute forme.
- le chargement, l'affichage, l'exécution, ou le stockage du Logiciel
sur tout support.
- la possibilité d'en observer, d'en étudier, ou d'en tester le
fonctionnement afin de déterminer les idées et principes qui sont à la
base de n'importe quel élément de ce Logiciel ; et ceci, lorsque le
Licencié effectue toute opération de chargement, d'affichage,
d'exécution, de transmission ou de stockage du Logiciel qu'il est en
droit d'effectuer en vertu du Contrat.
5.2. DROIT D'APPORTER DES CONTRIBUTIONS
Le droit d'apporter des Contributions comporte le droit de traduire,
d'adapter, d'arranger ou d'apporter toute autre modification du Logiciel et
le droit de reproduire le Logiciel en résultant.
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous
réserve de mentionner, de façon explicite, son nom en tant qu'auteur de
cette Contribution et la date de création de celle-ci.
5.3. DROITS DE DISTRIBUTION ET DE DIFFUSION
Le droit de distribution et de diffusion comporte notamment le droit de
transmettre et de communiquer le Logiciel au public sur tout support et
par tout moyen ainsi que le droit de mettre sur le marché à titre onéreux
ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à redistribuer des copies du Logiciel, modifié ou
non, à des tiers dans les conditions ci-après détaillées.
5.3.1. REDISTRIBUTION DU LOGICIEL SANS MODIFICATION
Le Licencié est autorisé à redistribuer des copies conformes du Logiciel,
sous forme de Code Source ou de Code Objet, à condition que cette
redistribution respecte les dispositions du Contrat dans leur totalité et
soit accompagnée :
- d'un exemplaire du Contrat,
- d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8 et 9,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué, le
Licencié permette aux futurs Licenciés d'accéder facilement au Code Source
complet du Logiciel en indiquant les modalités d'accès, étant entendu que
le coût additionnel d'acquisition du Code Source ne devra pas excéder le
simple coût de transfert des données.
5.3.2. REDISTRIBUTION DU LOGICIEL MODIFIE
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions de
redistribution du Logiciel Modifié sont alors soumises à l'intégralité des
dispositions du Contrat.
Le Licencié est autorisé à redistribuer le Logiciel Modifié, sous forme de
Code Source ou de Code Objet, à condition que cette redistribution respecte
les dispositions du Contrat dans leur totalité et soit accompagnée :
- d'un exemplaire du Contrat,
- d'un avertissement relatif à la restriction de garantie et de
responsabilité du concédant telle que prévue aux articles 8 et 9,
et que, dans le cas où seul le Code Objet du Logiciel Modifié est
redistribué, le Licencié permette aux futurs Licenciés d'accéder facilement
au Code Source complet du Logiciel Modifié en indiquant les modalités
d'accès, étant entendu que le coût additionnel d'acquisition du Code Source
ne devra pas excéder le simple coût de transfert des données.
5.3.3. redistribution des MODULES DYNAMIQUES
Lorsque le Licencié a développé un Module Dynamique les conditions du
Contrat ne s'appliquent pas à ce Module Dynamique, qui peut être distribué
sous un contrat de licence différent.
5.3.4. COMPATIBILITE AVEC LA LICENCE GPL
Dans le cas où le Logiciel, Modifié ou non, est intégré à un code soumis
aux dispositions de la licence GPL, le Licencié est autorisé à redistribuer
l'ensemble sous la licence GPL.
Dans le cas où le Logiciel Modifié intègre un code soumis aux dispositions
de la licence GPL, le Licencié est autorisé à redistribuer le Logiciel
Modifié sous la licence GPL.
Article 6 - PROPRIETE INTELLECTUELLE
------------------------------------
6.1. SUR LE LOGICIEL INITIAL
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel Initial.
Toute utilisation du Logiciel Initial est soumise au respect des conditions
dans lesquelles le Titulaire a choisi de diffuser son oeuvre et nul autre
n'a la faculté de modifier les conditions de diffusion de ce Logiciel
Initial.
Le Titulaire s'engage à maintenir la diffusion du Logiciel initial sous
les conditions du Contrat et ce, pour la durée visée à l'article 4.2.
6.2. SUR LES CONTRIBUTIONS
Les droits de propriété intellectuelle sur les Contributions sont attachés
au titulaire de droits patrimoniaux désignés par la législation applicable.
6.3. SUR LES MODULES DYNAMIQUES
Le Licencié ayant développé un Module Dynamique est titulaire des droits de
propriété intellectuelle sur ce Module Dynamique et reste libre du choix du
contrat régissant sa diffusion.
6.4. DISPOSITIONS COMMUNES
6.4.1. Le Licencié s'engage expressément :
- à ne pas supprimer ou modifier de quelque manière que ce soit les
mentions de propriété intellectuelle apposées sur le Logiciel;
- à reproduire à l'identique lesdites mentions de propriété
intellectuelle sur les copies du Logiciel.
6.4.2. Le Licencié s'engage à ne pas porter atteinte, directement ou
indirectement, aux droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs et à prendre, le cas échéant, à l'égard de son personnel
toutes les mesures nécessaires pour assurer le respect des dits droits de
propriété intellectuelle du Titulaire et/ou des Contributeurs.
Article 7 - SERVICES ASSOCIES
-----------------------------
7.1. Le Contrat n'oblige en aucun cas le Concédant à la réalisation de
prestations d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les
termes et conditions d'une telle assistance technique et/ou d'une telle
maintenance seront alors déterminés dans un acte séparé. Ces actes de
maintenance et/ou assistance technique n'engageront que la seule
responsabilité du Concédant qui les propose.
7.2. De même, tout Concédant est libre de proposer, sous sa seule
responsabilité, à ses licenciés une garantie, qui n'engagera que lui, lors
de la redistribution du Logiciel et/ou du Logiciel Modifié et ce, dans les
conditions qu'il souhaite. Cette garantie et les modalités financières de
son application feront l'objet d'un acte séparé entre le Concédant et le
Licencié.
Article 8 - RESPONSABILITE
--------------------------
8.1. Sous réserve des dispositions de l'article 8.2, si le Concédant
n'exécute pas tout ou partie des obligations mises à sa charge par le
Contrat, le Licencié a la faculté, sous réserve de prouver la faute du
Concédant concerné, de solliciter la réparation du préjudice direct qu'il
subit et dont il apportera la preuve.
8.2. La responsabilité du Concédant est limitée aux engagements pris en
application du Contrat et ne saurait être engagée
en raison notamment :(i) des dommages dus à l'inexécution, totale ou
partielle, de ses obligations par le Licencié, (ii) des dommages directs ou
indirects découlant de l'utilisation ou des performances du Logiciel subis
par le Licencié lorsqu'il s'agit d'un professionnel utilisant le Logiciel à
des fins professionnelles et (iii) des dommages indirects découlant de
l'utilisation ou des performances du Logiciel. Les Parties conviennent
expressément que tout préjudice financier ou commercial (par exemple perte
de données, perte de bénéfices, perte d'exploitation, perte de clientèle ou
de commandes, manque à gagner, trouble commercial quelconque) ou toute
action dirigée contre le Licencié par un tiers, constitue un dommage
indirect et n'ouvre pas droit à réparation par le Concédant.
Article 9 - GARANTIE
--------------------
9.1. Le Licencié reconnaît que l'état actuel des connaissances
scientifiques et techniques au moment de la mise en circulation du Logiciel
ne permet pas d'en tester et d'en vérifier toutes les utilisations ni de
détecter l'existence d'éventuels défauts. L'attention du Licencié a été
attirée sur ce point sur les risques associés au chargement, à
l'utilisation, la modification et/ou au développement et à la reproduction
du Logiciel qui sont réservés à des utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous moyens,
l'adéquation du produit à ses besoins, son bon fonctionnement et de
s'assurer qu'il ne causera pas de dommages aux personnes et aux biens.
9.2. Le Concédant déclare de bonne foi être en droit de concéder l'ensemble
des droits attachés au Logiciel (comprenant notamment les droits visés à
l'article 5).
9.3. Le Licencié reconnaît que le Logiciel est fourni « en l'état » par le
Concédant sans autre garantie, expresse ou tacite, que celle prévue à
l'article 9.2 et notamment sans aucune garantie sur sa valeur commerciale,
son caractère sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt
d'erreur, qu'il fonctionnera sans interruption, qu'il sera compatible avec
l'équipement du Licencié et sa configuration logicielle ni qu'il remplira
les besoins du Licencié.
9.4. Le Concédant ne garantit pas, de manière expresse ou tacite, que le
Logiciel ne porte pas atteinte à un quelconque droit de propriété
intellectuelle d'un tiers portant sur un brevet, un logiciel ou sur tout
autre droit de propriété. Ainsi, le Concédant exclut toute garantie au
profit du Licencié contre les actions en contrefaçon qui pourraient être
diligentées au titre de l'utilisation, de la modification, et de la
redistribution du Logiciel. Néanmoins, si de telles actions sont exercées
contre le Licencié, le Concédant lui apportera son aide technique et
juridique pour sa défense. Cette aide technique et juridique est déterminée
au cas par cas entre le Concédant concerné et le Licencié dans le cadre
d'un protocole d'accord. Le Concédant dégage toute responsabilité quant à
l'utilisation de la dénomination du Logiciel par le Licencié. Aucune
garantie n'est apportée quant à l'existence de droits antérieurs sur le nom
du Logiciel et sur l'existence d'une marque.
Article 10 - RESILIATION
-------------------------
10.1. En cas de manquement par le Licencié aux obligations mises à sa
charge par le Contrat, le Concédant pourra résilier de plein droit le
Contrat trente (30) jours après notification adressée au Licencié et restée
sans effet.
10.2. Le Licencié dont le Contrat est résilié n'est plus autorisé à
utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les
Licences licences qu'il aura concédées antérieurement à la résiliation du
Contrat resteront valides sous réserve qu'elles aient été effectuées en
conformité avec le Contrat.
Article 11 - DISPOSITIONS DIVERSES
----------------------------------
11.1. CAUSE EXTERIEURE
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance
d'exécution du Contrat qui serait dû à un cas de force majeure, un cas
fortuit ou une cause extérieure, telle que, notamment, le mauvais
fonctionnement ou les interruptions du réseau électrique ou de
télécommunication, la paralysie du réseau liée à une attaque informatique,
l'intervention des autorités gouvernementales, les catastrophes naturelles,
les dégâts des eaux, les tremblements de terre, le feu, les explosions, les
grèves et les conflits sociaux, l'état de guerre.
11.2. Le fait, par l'une ou l'autre des Parties, d'omettre en une ou
plusieurs occasions de se prévaloir d'une ou plusieurs dispositions du
Contrat, ne pourra en aucun cas impliquer renonciation par la Partie
intéressée à s'en prévaloir ultérieurement.
11.3. Le Contrat annule et remplace toute convention antérieure, écrite ou
orale, entre les Parties sur le même objet et constitue l'accord entier
entre les Parties sur cet objet. Aucune addition ou modification aux termes
du Contrat n'aura d'effet à l'égard des Parties à moins d'être faite par
écrit et signée par leurs représentants dûment habilités.
11.4. Dans l'hypothèse où une ou plusieurs des dispositions du Contrat
s'avèrerait contraire à une loi ou à un texte applicable, existants ou
futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les
amendements nécessaires pour se conformer à cette loi ou à ce texte. Toutes
les autres dispositions resteront en vigueur. De même, la nullité, pour
quelque raison que ce soit, d'une des dispositions du Contrat ne saurait
entraîner la nullité de l'ensemble du Contrat.
11.5. LANGUE
Le Contrat est rédigé en langue française et en langue anglaise. En cas de
divergence d'interprétation, seule la version française fait foi.
Article 12 - NOUVELLES VERSIONS DU CONTRAT
------------------------------------------
12.1. Toute personne est autorisée à copier et distribuer des copies de ce
Contrat.
12.2. Afin d'en préserver la cohérence, le texte du Contrat est protégé et
ne peut être modifié que par les auteurs de la licence, lesquels se
réservent le droit de publier périodiquement des mises à jour ou de
nouvelles versions du Contrat, qui possèderont chacune un numéro distinct.
Ces versions ultérieures seront susceptibles de prendre en compte de
nouvelles problématiques rencontrées par les logiciels libres.
12.3. Tout Logiciel diffusé sous une version donnée du Contrat ne pourra
faire l'objet d'une diffusion ultérieure que sous la même version du
Contrat ou une version postérieure, sous réserve des dispositions de
l'article 5.3.4.
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
------------------------------------------------------
13.1. Le Contrat est régi par la loi française. Les Parties conviennent de
tenter de régler à l'amiable les différends ou litiges qui viendraient à se
produire par suite ou à l'occasion du Contrat.
13.2. A défaut d'accord amiable dans un délai de deux (2) mois à compter de
leur survenance et sauf situation relevant d'une procédure d'urgence, les
différends ou litiges seront portés par la Partie la plus diligente devant
les Tribunaux compétents de Paris.
Version 1 du 21/06/2004
FREE SOFTWARE LICENSING AGREEMENT CeCILL
========================================
Notice
------
This Agreement is a free software license that is the result of discussions
between its authors in order to ensure compliance with the two main
principles guiding its drafting:
- firstly, its conformity with French law, both as regards the law of
torts and intellectual property law, and the protection that it offers
to authors and the holders of economic rights over software.
- secondly, compliance with the principles for the distribution of free
software: access to source codes, extended user-rights.
The following bodies are the authors of this license CeCILL (Ce : CEA, C :
CNRS, I : INRIA, LL : Logiciel Libre):
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial establishment, having its principal place of business at 31-33
rue de la Fédération, 75752 PARIS cedex 15, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business at
3 rue Michel-Ange 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA, a
public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le
Chesnay cedex.
PREAMBLE
--------
The purpose of this Free Software Licensing Agreement is to grant users the
right to modify and redistribute the software governed by this license
within the framework of an "open source" distribution model.
The exercising of these rights is conditional upon certain obligations for
users so as to ensure that this status is retained for subsequent
redistribution operations.
As a counterpart to the access to the source code and rights to copy, modify
and redistribute granted by the license, users are provided only with a
limited warranty and the software's author, the holder of the economic
rights, and the successive licensors only have limited liability.
In this respect, it is brought to the user's attention that the risks
associated with loading, using, modifying and/or developing or reproducing
the software by the user given its nature of Free Software, that may
mean that it is complicated to manipulate, and that also therefore means
that it is reserved for developers and experienced professionals having
in-depth computer knowledge. Users are therefore encouraged to load and test
the Software's suitability as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and, more
generally, to use and operate it in the same conditions of security.
This Agreement may be freely reproduced and published, provided it is
not altered, and that no Articles are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the operation thereof to its provisions.
Article 1 - DEFINITIONS
------------------------
For the purposes of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this Licensing Agreement, and any or all of its subsequent
versions.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" at the time when the
Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and/or Object Code
form and, where applicable, its documentation, "as is" at the time when it
is distributed for the first time under the terms and conditions of the
Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder of the economic rights over the Initial
Software.
Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any or all other individual or legal entity,
that distributes the Software under the Agreement.
Contributions: mean any or all modifications, corrections, translations,
adaptations and/or new functionalities integrated into the Software by any
or all Contributor, and the Static Modules.
Module: means a set of sources files including their documentation that,
once compiled in executable form, enables supplementary functionalities or
services to be developed in addition to those offered by the Software.
Dynamic Module: means any or all module, created by the Contributor, that
is independent of the Software, so that this module and the Software are in
two different executable forms that are run in separate address spaces,
with one calling the other when they are run.
Static Module: means any or all module, created by the Contributor and
connected to the Software by a static link that makes their object codes
interdependent. This module and the Software to which it is connected, are
combined in a single executable.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
-------------------
The purpose of the Agreement is to enable the Licensor to grant the
Licensee a free, non-exclusive, transferable and worldwide License for the
Software as set forth in Article 5 hereinafter for the whole term of
protection of the rights over said Software.
Article 3 - ACCEPTANCE
----------------------
3.1. The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement by the occurrence of the first of the
following events:
- (i) loading the Software by any or all means, notably, by downloading
from a remote server, or by loading from a physical medium;
- (ii) the first time the Licensee exercises any of the rights granted
hereunder.
3.2. One copy of the Agreement, containing a notice relating to the
specific nature of the Software, to the limited warranty, and to the
limitation to use by experienced users has been provided to the Licensee
prior to its acceptance as set forth in Article 3.1 hereinabove, and the
Licensee hereby acknowledges that it is aware thereof.
Article 4 - EFFECTIVE DATE AND TERM
-----------------------------------
4.1. EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2. TERM
The Agreement shall remain in force during the whole legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF THE RIGHTS GRANTED
---------------------------------------
The Licensor hereby grants to the Licensee, that accepts such, the
following rights as regards the Software for any or all use, and for the
term of the Agreement, on the basis of the terms and conditions set forth
hereinafter.
Otherwise, the Licensor grants to the Licensee free of charge exploitation
rights on the patents he holds on whole or part of the inventions
implemented in the Software.
5.1. RIGHTS OF USE
The Licensee is authorized to use the Software, unrestrictedly, as regards
the fields of application, with it being hereinafter specified that this
relates to:
- permanent or temporary reproduction of all or part of the Software by
any or all means and in any or all form.
- loading, displaying, running, or storing the Software on any or all
medium.
- entitlement to observe, study or test the operation thereof so as to
establish the ideas and principles that form the basis for any or all
constituent elements of said Software. This shall apply when the
Licensee carries out any or all loading, displaying, running,
transmission or storage operation as regards the Software, that it is
entitled to carry out hereunder.
5.2. entitlement to make CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modification to the Software, and the right to
reproduce the resulting Software.
The Licensee is authorized to make any or all Contribution to the Software
provided that it explicitly mentions its name as the author of said
Contribution and the date of the development thereof.
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
In particular, the right of distribution and publication includes the right
to transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, a copy or copies of the Software
by means of any or all process.
The Licensee is further authorized to redistribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to redistribute true copies of the Software in
Source Code or Object Code form, provided that said redistribution complies
with all the provisions of the Agreement and is accompanied by:
- a copy of the Agreement,
- a notice relating to the limitation of both the Licensor's warranty
and liability as set forth in Articles 8 and 9,
and that, in the event that only the Software's Object Code is
redistributed, the Licensee allows future Licensees unhindered access to
the Software's full Source Code by providing them with the terms and
conditions for access thereto, it being understood that the additional cost
of acquiring the Source Code shall not exceed the cost of transferring the
data.
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and
conditions for the redistribution of the Modified Software shall then be
subject to all the provisions hereof.
The Licensee is authorized to redistribute the Modified Software, in Source
Code or Object Code form, provided that said redistribution complies with
all the provisions of the Agreement and is accompanied by:
- a copy of the Agreement,
- a notice relating to the limitation of both the Licensor's warranty
and liability as set forth in Articles 8 and 9,
and that, in the event that only the Modified Software's Object Code is
redistributed, the Licensee allows future Licensees unhindered access to
the Modified Software's full Source Code by providing them with the terms
and conditions for access thereto, it being understood that the additional
cost of acquiring the Source Code shall not exceed the cost of transferring
the data.
5.3.3. redistribution OF DYNAMIC MODULES
When the Licensee has developed a Dynamic Module, the terms and conditions
hereof do not apply to said Dynamic Module, that may be distributed under
a separate Licensing Agreement.
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
In the event that the Modified or unmodified Software is included in a code
that is subject to the provisions of the GPL License, the Licensee is
authorized to redistribute the whole under the GPL License.
In the event that the Modified Software includes a code that is subject to
the provisions of the GPL License, the Licensee is authorized to
redistribute the Modified Software under the GPL License.
Article 6 - INTELLECTUAL PROPERTY
----------------------------------
6.1. OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and
conditions under which the Holder has elected to distribute its work and no
one shall be entitled to and it shall have sole entitlement to modify the
terms and conditions for the distribution of said Initial Software.
The Holder undertakes to maintain the distribution of the Initial Software
under the conditions of the Agreement, for the duration set forth in
article 4.2..
6.2. OVER THE CONTRIBUTIONS
The intellectual property rights over the Contributions belong to the
holder of the economic rights as designated by effective legislation.
6.3. OVER THE DYNAMIC MODULES
The Licensee having developed a Dynamic Module is the holder of the
intellectual property rights over said Dynamic Module and is free to choose
the agreement that shall govern its distribution.
6.4. JOINT PROVISIONS
6.4.1. The Licensee expressly undertakes:
- not to remove, or modify, in any or all manner, the intellectual
property notices affixed to the Software;
- to reproduce said notices, in an identical manner, in the copies of
the Software.
6.4.2. The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors and to take,
where applicable, vis-à-vis its staff, any or all measures required to
ensure respect for said intellectual property rights of the Holder and/or
Contributors.
Article 7 - RELATED SERVICES
-----------------------------
7.1. Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of service. The
terms and conditions of such technical assistance, and/or such
maintenance, shall then be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2. Similarly, any or all Licensor shall be entitled to offer to its
Licensees, under its own responsibility, a warranty, that shall only be
binding upon itself, for the redistribution of the Software and/or the
Modified Software, under terms and conditions that it shall decide upon
itself. Said warranty, and the financial terms and conditions of its
application, shall be subject to a separate instrument executed between the
Licensor and the Licensee.
Article 8 - LIABILITY
----------------------
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
fulfill all or part of its obligations hereunder, the Licensee shall be
entitled to claim compensation for the direct loss suffered as a result of
a fault on the part of the Licensor, subject to providing evidence of it.
8.2. The Licensor's liability is limited to the commitments made under this
Licensing Agreement and shall not be incurred as a result , in particular:
(i) of loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss due to the Software's use or
performance that is suffered by the Licensee, when the latter is a
professional using said Software for professional purposes and (iii)
consequential loss due to the Software's use or performance. The Parties
expressly agree that any or all pecuniary or business loss (i.e. loss of
data, loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party, shall
constitute consequential loss and shall not provide entitlement to any or
all compensation from the Licensor.
Article 9 - WARRANTY
---------------------
9.1. The Licensee acknowledges that the current situation as regards
scientific and technical know-how at the time when the Software was
distributed did not enable all possible uses to be tested and verified, nor
for the presence of any or all faults to be detected. In this respect, the
Licensee's attention has been drawn to the risks associated with loading,
using, modifying and/or developing and reproducing the Software that are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the
product's suitability for its requirements, its due and proper functioning,
and for ensuring that it shall not cause damage to either persons or
property.
9.2. The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights on the Software (including in particular the rights
set forth in Article 5 hereof over the Software).
9.3. The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any or all other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any or all
warranty as to its market value, its secured, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free from
any or all error, that it shall operate continuously, that it shall be
compatible with the Licensee's own equipment and its software
configuration, nor that it shall meet the Licensee's requirements.
9.4. The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any or all third party intellectual right
relating to a patent, software or to any or all other property right.
Moreover, the Licensor shall not hold the Licensee harmless against any or
all proceedings for infringement that may be instituted in respect of the
use, modification and redistribution of the Software. Nevertheless, should
such proceedings be instituted against the Licensee, the Licensor shall
provide it with technical and legal assistance for its defense. Such
technical and legal assistance shall be decided upon on a case-by-case
basis between the relevant Licensor and the Licensee pursuant to a
memorandum of understanding. The Licensor disclaims any or all liability as
regards the Licensee's use of the Software's name. No warranty shall be
provided as regards the existence of prior rights over the name of the
Software and as regards the existence of a trademark.
Article 10 - TERMINATION
-------------------------
10.1. In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement thirty
(30) days after notice has been sent to the Licensee and has remained
ineffective.
10.2. The Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any or all
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance with
the terms and conditions hereof.
Article 11 - MISCELLANEOUS PROVISIONS
--------------------------------------
11.1. EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an
act of God or an outside cause, such as, notably, defective functioning, or
interruptions affecting the electricity or telecommunications networks,
blocking of the network following a virus attack, the intervention of the
government authorities, natural disasters, water damage, earthquakes, fire,
explosions, strikes and labor unrest, war, etc.
11.2. The fact that either Party may fail, on one or several occasions, to
invoke one or several of the provisions hereof, shall under no
circumstances be interpreted as being a waiver by the interested Party of
its entitlement to invoke said provision(s) subsequently.
11.3. The Agreement cancels and replaces any or all previous agreement,
whether written or oral, between the Parties and having the same purpose,
and constitutes the entirety of the agreement between said Parties
concerning said purpose. No supplement or modification to the terms and
conditions hereof shall be effective as regards the Parties unless it is
made in writing and signed by their duly authorized representatives.
11.4. In the event that one or several of the provisions hereof were to
conflict with a current or future applicable act or legislative text, said
act or legislative text shall take precedence, and the Parties shall make
the necessary amendments so as to be in compliance with said act or
legislative text. All the other provisions shall remain effective.
Similarly, the fact that a provision of the Agreement may be null and
void, for any reason whatsoever, shall not cause the Agreement as a whole
to be null and void.
11.5. LANGUAGE
The Agreement is drafted in both French and English. In the event of a
conflict as regards construction, the French version shall be deemed
authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
-------------------------------------------
12.1. Any or all person is authorized to duplicate and distribute copies of
this Agreement.
12.2. So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, that reserve the
right to periodically publish updates or new versions of the Agreement,
each with a separate number. These subsequent versions may address new issues
encountered by Free Software.
12.3. Any or all Software distributed under a given version of the
Agreement may only be subsequently distributed under the same version of
the Agreement, or a subsequent version, subject to the provisions of
article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
-------------------------------------------
13.1. The Agreement is governed by French law. The Parties agree to
endeavor to settle the disagreements or disputes that may arise during the
performance of the Agreement out-of-court.
13.2. In the absence of an out-of-court settlement within two (2) months as
from their occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the first Party to take action.
Version 1.1 of 10/26/2004
CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL
Avertissement
Ce contrat est une licence de logiciel libre issue d'une concertation
entre ses auteurs afin que le respect de deux grands principes préside à
sa rédaction:
* d'une part, le respect des principes de diffusion des logiciels
libres: accès au code source, droits étendus conférés aux
utilisateurs,
* d'autre part, la désignation d'un droit applicable, le droit
français, auquel elle est conforme, tant au regard du droit de la
responsabilité civile que du droit de la propriété intellectuelle
et de la protection qu'il offre aux auteurs et titulaires des
droits patrimoniaux sur un logiciel.
Les auteurs de la licence CeCILL (pour Ce[a] C[nrs] I[nria] L[ogiciel]
L[ibre]) sont:
Commissariat à l'Energie Atomique - CEA, établissement public de
recherche à caractère scientifique, technique et industriel, dont le
siège est situé 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris.
Centre National de la Recherche Scientifique - CNRS, établissement
public à caractère scientifique et technologique, dont le siège est
situé 3 rue Michel-Ange, 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique -
INRIA, établissement public à caractère scientifique et technologique,
dont le siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153
Le Chesnay cedex.
Préambule
Ce contrat est une licence de logiciel libre dont l'objectif est de
conférer aux utilisateurs la liberté de modification et de
redistribution du logiciel régi par cette licence dans le cadre d'un
modèle de diffusion en logiciel libre.
L'exercice de ces libertés est assorti de certains devoirs à la charge
des utilisateurs afin de préserver ce statut au cours des
redistributions ultérieures.
L'accessibilité au code source et les droits de copie, de modification
et de redistribution qui en découlent ont pour contrepartie de n'offrir
aux utilisateurs qu'une garantie limitée et de ne faire peser sur
l'auteur du logiciel, le titulaire des droits patrimoniaux et les
concédants successifs qu'une responsabilité restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques
associés au chargement, à l'utilisation, à la modification et/ou au
développement et à la reproduction du logiciel par l'utilisateur étant
donné sa spécificité de logiciel libre, qui peut le rendre complexe à
manipuler et qui le réserve donc à des développeurs ou des
professionnels avertis possédant des connaissances informatiques
approfondies. Les utilisateurs sont donc invités à charger et tester
l'adéquation du logiciel à leurs besoins dans des conditions permettant
d'assurer la sécurité de leurs systèmes et/ou de leurs données et, plus
généralement, à l'utiliser et l'exploiter dans les mêmes conditions de
sécurité. Ce contrat peut être reproduit et diffusé librement, sous
réserve de le conserver en l'état, sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le
titulaire des droits patrimoniaux décide de soumettre l'exploitation aux
dispositions qu'il contient.
Article 1 - DEFINITIONS
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une
lettre capitale, auront la signification suivante:
Contrat: désigne le présent contrat de licence, ses éventuelles versions
postérieures et annexes.
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code
Source et le cas échéant sa documentation, dans leur état au moment de
l'acceptation du Contrat par le Licencié.
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et
éventuellement de Code Objet et le cas échéant sa documentation, dans
leur état au moment de leur première diffusion sous les termes du Contrat.
Logiciel Modifié: désigne le Logiciel modifié par au moins une
Contribution.
Code Source: désigne l'ensemble des instructions et des lignes de
programme du Logiciel et auquel l'accès est nécessaire en vue de
modifier le Logiciel.
Code Objet: désigne les fichiers binaires issus de la compilation du
Code Source.
Titulaire: désigne le ou les détenteurs des droits patrimoniaux d'auteur
sur le Logiciel Initial.
Licencié: désigne le ou les utilisateurs du Logiciel ayant accepté le
Contrat.
Contributeur: désigne le Licencié auteur d'au moins une Contribution.
Concédant: désigne le Titulaire ou toute personne physique ou morale
distribuant le Logiciel sous le Contrat.
Contribution: désigne l'ensemble des modifications, corrections,
traductions, adaptations et/ou nouvelles fonctionnalités intégrées dans
le Logiciel par tout Contributeur, ainsi que tout Module Interne.
Module: désigne un ensemble de fichiers sources y compris leur
documentation qui permet de réaliser des fonctionnalités ou services
supplémentaires à ceux fournis par le Logiciel.
Module Externe: désigne tout Module, non dérivé du Logiciel, tel que ce
Module et le Logiciel s'exécutent dans des espaces d'adressage
différents, l'un appelant l'autre au moment de leur exécution.
Module Interne: désigne tout Module lié au Logiciel de telle sorte
qu'ils s'exécutent dans le même espace d'adressage.
GNU GPL: désigne la GNU General Public License dans sa version 2 ou
toute version ultérieure, telle que publiée par Free Software Foundation
Inc.
Parties: désigne collectivement le Licencié et le Concédant.
Ces termes s'entendent au singulier comme au pluriel.
Article 2 - OBJET
Le Contrat a pour objet la concession par le Concédant au Licencié d'une
licence non exclusive, cessible et mondiale du Logiciel telle que
définie ci-après à l'article 5 pour toute la durée de protection des droits
portant sur ce Logiciel.
Article 3 - ACCEPTATION
3.1 L'acceptation par le Licencié des termes du Contrat est réputée
acquise du fait du premier des faits suivants:
* (i) le chargement du Logiciel par tout moyen notamment par
téléchargement à partir d'un serveur distant ou par chargement à
partir d'un support physique;
* (ii) le premier exercice par le Licencié de l'un quelconque des
droits concédés par le Contrat.
3.2 Un exemplaire du Contrat, contenant notamment un avertissement
relatif aux spécificités du Logiciel, à la restriction de garantie et à
la limitation à un usage par des utilisateurs expérimentés a été mis à
disposition du Licencié préalablement à son acceptation telle que
définie à l'article 3.1 ci dessus et le Licencié reconnaît en avoir pris
connaissance.
Article 4 - ENTREE EN VIGUEUR ET DUREE
4.1 ENTREE EN VIGUEUR
Le Contrat entre en vigueur à la date de son acceptation par le Licencié
telle que définie en 3.1.
4.2 DUREE
Le Contrat produira ses effets pendant toute la durée légale de
protection des droits patrimoniaux portant sur le Logiciel.
Article 5 - ETENDUE DES DROITS CONCEDES
Le Concédant concède au Licencié, qui accepte, les droits suivants sur
le Logiciel pour toutes destinations et pour la durée du Contrat dans
les conditions ci-après détaillées.
Par ailleurs, si le Concédant détient ou venait à détenir un ou
plusieurs brevets d'invention protégeant tout ou partie des
fonctionnalités du Logiciel ou de ses composants, il s'engage à ne pas
opposer les éventuels droits conférés par ces brevets aux Licenciés
successifs qui utiliseraient, exploiteraient ou modifieraient le
Logiciel. En cas de cession de ces brevets, le Concédant s'engage à
faire reprendre les obligations du présent alinéa aux cessionnaires.
5.1 DROIT D'UTILISATION
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant
aux domaines d'application, étant ci-après précisé que cela comporte:
1. la reproduction permanente ou provisoire du Logiciel en tout ou
partie par tout moyen et sous toute forme.
2. le chargement, l'affichage, l'exécution, ou le stockage du
Logiciel sur tout support.
3. la possibilité d'en observer, d'en étudier, ou d'en tester le
fonctionnement afin de déterminer les idées et principes qui sont
à la base de n'importe quel élément de ce Logiciel; et ceci,
lorsque le Licencié effectue toute opération de chargement,
d'affichage, d'exécution, de transmission ou de stockage du
Logiciel qu'il est en droit d'effectuer en vertu du Contrat.
5.2 DROIT D'APPORTER DES CONTRIBUTIONS
Le droit d'apporter des Contributions comporte le droit de traduire,
d'adapter, d'arranger ou d'apporter toute autre modification au Logiciel
et le droit de reproduire le logiciel en résultant.
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous
réserve de mentionner, de façon explicite, son nom en tant qu'auteur de
cette Contribution et la date de création de celle-ci.
5.3 DROIT DE DISTRIBUTION
Le droit de distribution comporte notamment le droit de diffuser, de
transmettre et de communiquer le Logiciel au public sur tout support et
par tout moyen ainsi que le droit de mettre sur le marché à titre
onéreux ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à distribuer des copies du Logiciel, modifié ou
non, à des tiers dans les conditions ci-après détaillées.
5.3.1 DISTRIBUTION DU LOGICIEL SANS MODIFICATION
Le Licencié est autorisé à distribuer des copies conformes du Logiciel,
sous forme de Code Source ou de Code Objet, à condition que cette
distribution respecte les dispositions du Contrat dans leur totalité et
soit accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
et 9,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué,
le Licencié permette aux futurs Licenciés d'accéder facilement au Code
Source complet du Logiciel en indiquant les modalités d'accès, étant
entendu que le coût additionnel d'acquisition du Code Source ne devra
pas excéder le simple coût de transfert des données.
5.3.2 DISTRIBUTION DU LOGICIEL MODIFIE
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions
de distribution du Logiciel Modifié en résultant sont alors soumises à
l'intégralité des dispositions du Contrat.
Le Licencié est autorisé à distribuer le Logiciel Modifié, sous forme de
code source ou de code objet, à condition que cette distribution
respecte les dispositions du Contrat dans leur totalité et soit
accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
et 9,
et que, dans le cas où seul le code objet du Logiciel Modifié est
redistribué, le Licencié permette aux futurs Licenciés d'accéder
facilement au code source complet du Logiciel Modifié en indiquant les
modalités d'accès, étant entendu que le coût additionnel d'acquisition
du code source ne devra pas excéder le simple coût de transfert des données.
5.3.3 DISTRIBUTION DES MODULES EXTERNES
Lorsque le Licencié a développé un Module Externe les conditions du
Contrat ne s'appliquent pas à ce Module Externe, qui peut être distribué
sous un contrat de licence différent.
5.3.4 COMPATIBILITE AVEC LA LICENCE GNU GPL
Le Licencié peut inclure un code soumis aux dispositions d'une des
versions de la licence GNU GPL dans le Logiciel modifié ou non et
distribuer l'ensemble sous les conditions de la même version de la
licence GNU GPL.
Le Licencié peut inclure le Logiciel modifié ou non dans un code soumis
aux dispositions d'une des versions de la licence GNU GPL et distribuer
l'ensemble sous les conditions de la même version de la licence GNU GPL.
Article 6 - PROPRIETE INTELLECTUELLE
6.1 SUR LE LOGICIEL INITIAL
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel
Initial. Toute utilisation du Logiciel Initial est soumise au respect
des conditions dans lesquelles le Titulaire a choisi de diffuser son
oeuvre et nul autre n'a la faculté de modifier les conditions de
diffusion de ce Logiciel Initial.
Le Titulaire s'engage à ce que le Logiciel Initial reste au moins régi
par le Contrat et ce, pour la durée visée à l'article 4.2.
6.2 SUR LES CONTRIBUTIONS
Le Licencié qui a développé une Contribution est titulaire sur celle-ci
des droits de propriété intellectuelle dans les conditions définies par
la législation applicable.
6.3 SUR LES MODULES EXTERNES
Le Licencié qui a développé un Module Externe est titulaire sur celui-ci
des droits de propriété intellectuelle dans les conditions définies par
la législation applicable et reste libre du choix du contrat régissant
sa diffusion.
6.4 DISPOSITIONS COMMUNES
Le Licencié s'engage expressément:
1. à ne pas supprimer ou modifier de quelque manière que ce soit les
mentions de propriété intellectuelle apposées sur le Logiciel;
2. à reproduire à l'identique lesdites mentions de propriété
intellectuelle sur les copies du Logiciel modifié ou non.
Le Licencié s'engage à ne pas porter atteinte, directement ou
indirectement, aux droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs sur le Logiciel et à prendre, le cas échéant, à
l'égard de son personnel toutes les mesures nécessaires pour assurer le
respect des dits droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs.
Article 7 - SERVICES ASSOCIES
7.1 Le Contrat n'oblige en aucun cas le Concédant à la réalisation de
prestations d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les
termes et conditions d'une telle assistance technique et/ou d'une telle
maintenance seront alors déterminés dans un acte séparé. Ces actes de
maintenance et/ou assistance technique n'engageront que la seule
responsabilité du Concédant qui les propose.
7.2 De même, tout Concédant est libre de proposer, sous sa seule
responsabilité, à ses licenciés une garantie, qui n'engagera que lui,
lors de la redistribution du Logiciel et/ou du Logiciel Modifié et ce,
dans les conditions qu'il souhaite. Cette garantie et les modalités
financières de son application feront l'objet d'un acte séparé entre le
Concédant et le Licencié.
Article 8 - RESPONSABILITE
8.1 Sous réserve des dispositions de l'article 8.2, le Licencié a la
faculté, sous réserve de prouver la faute du Concédant concerné, de
solliciter la réparation du préjudice direct qu'il subirait du fait du
Logiciel et dont il apportera la preuve.
8.2 La responsabilité du Concédant est limitée aux engagements pris en
application du Contrat et ne saurait être engagée en raison notamment:
(i) des dommages dus à l'inexécution, totale ou partielle, de ses
obligations par le Licencié, (ii) des dommages directs ou indirects
découlant de l'utilisation ou des performances du Logiciel subis par le
Licencié et (iii) plus généralement d'un quelconque dommage indirect. En
particulier, les Parties conviennent expressément que tout préjudice
financier ou commercial (par exemple perte de données, perte de
bénéfices, perte d'exploitation, perte de clientèle ou de commandes,
manque à gagner, trouble commercial quelconque) ou toute action dirigée
contre le Licencié par un tiers, constitue un dommage indirect et
n'ouvre pas droit à réparation par le Concédant.
Article 9 - GARANTIE
9.1 Le Licencié reconnaît que l'état actuel des connaissances
scientifiques et techniques au moment de la mise en circulation du
Logiciel ne permet pas d'en tester et d'en vérifier toutes les
utilisations ni de détecter l'existence d'éventuels défauts. L'attention
du Licencié a été attirée sur ce point sur les risques associés au
chargement, à l'utilisation, la modification et/ou au développement et à
la reproduction du Logiciel qui sont réservés à des utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous
moyens, l'adéquation du produit à ses besoins, son bon fonctionnement et
de s'assurer qu'il ne causera pas de dommages aux personnes et aux biens.
9.2 Le Concédant déclare de bonne foi être en droit de concéder
l'ensemble des droits attachés au Logiciel (comprenant notamment les
droits visés à l'article 5).
9.3 Le Licencié reconnaît que le Logiciel est fourni "en l'état" par le
Concédant sans autre garantie, expresse ou tacite, que celle prévue à
l'article 9.2 et notamment sans aucune garantie sur sa valeur commerciale,
son caractère sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt
d'erreur, qu'il fonctionnera sans interruption, qu'il sera compatible
avec l'équipement du Licencié et sa configuration logicielle ni qu'il
remplira les besoins du Licencié.
9.4 Le Concédant ne garantit pas, de manière expresse ou tacite, que le
Logiciel ne porte pas atteinte à un quelconque droit de propriété
intellectuelle d'un tiers portant sur un brevet, un logiciel ou sur tout
autre droit de propriété. Ainsi, le Concédant exclut toute garantie au
profit du Licencié contre les actions en contrefaçon qui pourraient être
diligentées au titre de l'utilisation, de la modification, et de la
redistribution du Logiciel. Néanmoins, si de telles actions sont
exercées contre le Licencié, le Concédant lui apportera son aide
technique et juridique pour sa défense. Cette aide technique et
juridique est déterminée au cas par cas entre le Concédant concerné et
le Licencié dans le cadre d'un protocole d'accord. Le Concédant dégage
toute responsabilité quant à l'utilisation de la dénomination du
Logiciel par le Licencié. Aucune garantie n'est apportée quant à
l'existence de droits antérieurs sur le nom du Logiciel et sur
l'existence d'une marque.
Article 10 - RESILIATION
10.1 En cas de manquement par le Licencié aux obligations mises à sa
charge par le Contrat, le Concédant pourra résilier de plein droit le
Contrat trente (30) jours après notification adressée au Licencié et
restée sans effet.
10.2 Le Licencié dont le Contrat est résilié n'est plus autorisé à
utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les
licences qu'il aura concédées antérieurement à la résiliation du Contrat
resteront valides sous réserve qu'elles aient été effectuées en
conformité avec le Contrat.
Article 11 - DISPOSITIONS DIVERSES
11.1 CAUSE EXTERIEURE
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance
d'exécution du Contrat qui serait dû à un cas de force majeure, un cas
fortuit ou une cause extérieure, telle que, notamment, le mauvais
fonctionnement ou les interruptions du réseau électrique ou de
télécommunication, la paralysie du réseau liée à une attaque
informatique, l'intervention des autorités gouvernementales, les
catastrophes naturelles, les dégâts des eaux, les tremblements de terre,
le feu, les explosions, les grèves et les conflits sociaux, l'état de
guerre...
11.2 Le fait, par l'une ou l'autre des Parties, d'omettre en une ou
plusieurs occasions de se prévaloir d'une ou plusieurs dispositions du
Contrat, ne pourra en aucun cas impliquer renonciation par la Partie
intéressée à s'en prévaloir ultérieurement.
11.3 Le Contrat annule et remplace toute convention antérieure, écrite
ou orale, entre les Parties sur le même objet et constitue l'accord
entier entre les Parties sur cet objet. Aucune addition ou modification
aux termes du Contrat n'aura d'effet à l'égard des Parties à moins
d'être faite par écrit et signée par leurs représentants dûment habilités.
11.4 Dans l'hypothèse où une ou plusieurs des dispositions du Contrat
s'avèrerait contraire à une loi ou à un texte applicable, existants ou
futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les
amendements nécessaires pour se conformer à cette loi ou à ce texte.
Toutes les autres dispositions resteront en vigueur. De même, la
nullité, pour quelque raison que ce soit, d'une des dispositions du
Contrat ne saurait entraîner la nullité de l'ensemble du Contrat.
11.5 LANGUE
Le Contrat est rédigé en langue française et en langue anglaise, ces
deux versions faisant également foi.
Article 12 - NOUVELLES VERSIONS DU CONTRAT
12.1 Toute personne est autorisée à copier et distribuer des copies de
ce Contrat.
12.2 Afin d'en préserver la cohérence, le texte du Contrat est protégé
et ne peut être modifié que par les auteurs de la licence, lesquels se
réservent le droit de publier périodiquement des mises à jour ou de
nouvelles versions du Contrat, qui posséderont chacune un numéro
distinct. Ces versions ultérieures seront susceptibles de prendre en
compte de nouvelles problématiques rencontrées par les logiciels libres.
12.3 Tout Logiciel diffusé sous une version donnée du Contrat ne pourra
faire l'objet d'une diffusion ultérieure que sous la même version du
Contrat ou une version postérieure, sous réserve des dispositions de
l'article 5.3.4.
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
13.1 Le Contrat est régi par la loi française. Les Parties conviennent
de tenter de régler à l'amiable les différends ou litiges qui
viendraient à se produire par suite ou à l'occasion du Contrat.
13.2 A défaut d'accord amiable dans un délai de deux (2) mois à compter
de leur survenance et sauf situation relevant d'une procédure d'urgence,
les différends ou litiges seront portés par la Partie la plus diligente
devant les Tribunaux compétents de Paris.
Version 2.0 du 2006-09-05.
CeCILL FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to
users,
* secondly, the election of a governing law, French law, with which
it is conformant, both as regards the law of torts and
intellectual property law, and the protection that it offers to
both authors and holders of the economic rights over software.
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
and industrial research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
INRIA, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
The purpose of this Free Software license agreement is to grant users
the right to modify and redistribute the software governed by this
license within the framework of an open source distribution model.
The exercising of these rights is conditional upon certain obligations
for users so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the
suitability of the software as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and,
more generally, to use and operate it in the same conditions of
security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no provisions are either added or
removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Software by any or
all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that
enables supplementary functions or services in addition to those offered
by the Software.
External Module: means any or all Modules, not derived from the
Software, so that this Module and the Software run in separate address
spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so
that they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any
subsequent version, as published by the Free Software Foundation Inc.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical
medium;
* (ii) the first time the Licensee exercises any of the rights
granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
hereinabove, and the Licensee hereby acknowledges that it has read and
understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or
all medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission
or storage operation as regards the Software, that it is entitled
to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modifications to the Software, and the right
to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the
Software provided that it includes an explicit notice that it is the
author of said Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows future Licensees unhindered access to
the full Source Code of the Software by indicating how to access it, it
being understood that the additional cost of acquiring the Source Code
shall not exceed the cost of transferring the data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and
conditions for the distribution of the resulting Modified Software
become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in
source code or object code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified
Software is redistributed, the Licensee allows future Licensees
unhindered access to the full source code of the Modified Software by
indicating how to access it, it being understood that the additional
cost of acquiring the source code shall not exceed the cost of
transferring the data.
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and
conditions of this Agreement do not apply to said External Module, that
may be distributed under a separate license agreement.
5.3.4 COMPATIBILITY WITH THE GNU GPL
The Licensee can include a code that is subject to the provisions of one
of the versions of the GNU GPL in the Modified or unmodified Software,
and distribute that entire code under the terms of the same version of
the GNU GPL.
The Licensee can include the Modified or unmodified Software in a code
that is subject to the provisions of one of the versions of the GNU GPL,
and distribute that entire code under the terms of the same version of
the GNU GPL.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the
intellectual property rights over this External Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies
of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors on the
Software and to take, where applicable, vis-à-vis its staff, any and all
measures required to ensure respect of said intellectual property rights
of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working
order, and for ensuring that it shall not cause damage to either persons
or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version, subject to the provisions of Article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
Version 2.0 dated 2006-09-05.
CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL
Version 2.1 du 2013-06-21
Avertissement
Ce contrat est une licence de logiciel libre issue d'une concertation
entre ses auteurs afin que le respect de deux grands principes préside à
sa rédaction:
* d'une part, le respect des principes de diffusion des logiciels
libres: accès au code source, droits étendus conférés aux utilisateurs,
* d'autre part, la désignation d'un droit applicable, le droit
français, auquel elle est conforme, tant au regard du droit de la
responsabilité civile que du droit de la propriété intellectuelle et
de la protection qu'il offre aux auteurs et titulaires des droits
patrimoniaux sur un logiciel.
Les auteurs de la licence CeCILL (Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
sont:
Commissariat à l'énergie atomique et aux énergies alternatives - CEA,
établissement public de recherche à caractère scientifique, technique et
industriel, dont le siège est situé 25 rue Leblanc, immeuble Le Ponant
D, 75015 Paris.
Centre National de la Recherche Scientifique - CNRS, établissement
public à caractère scientifique et technologique, dont le siège est
situé 3 rue Michel-Ange, 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique -
Inria, établissement public à caractère scientifique et technologique,
dont le siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153
Le Chesnay cedex.
Préambule
Ce contrat est une licence de logiciel libre dont l'objectif est de
conférer aux utilisateurs la liberté de modification et de
redistribution du logiciel régi par cette licence dans le cadre d'un
modèle de diffusion en logiciel libre.
L'exercice de ces libertés est assorti de certains devoirs à la charge
des utilisateurs afin de préserver ce statut au cours des
redistributions ultérieures.
L'accessibilité au code source et les droits de copie, de modification
et de redistribution qui en découlent ont pour contrepartie de n'offrir
aux utilisateurs qu'une garantie limitée et de ne faire peser sur
l'auteur du logiciel, le titulaire des droits patrimoniaux et les
concédants successifs qu'une responsabilité restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques
associés au chargement, à l'utilisation, à la modification et/ou au
développement et à la reproduction du logiciel par l'utilisateur étant
donné sa spécificité de logiciel libre, qui peut le rendre complexe à
manipuler et qui le réserve donc à des développeurs ou des
professionnels avertis possédant des connaissances informatiques
approfondies. Les utilisateurs sont donc invités à charger et tester
l'adéquation du logiciel à leurs besoins dans des conditions permettant
d'assurer la sécurité de leurs systèmes et/ou de leurs données et, plus
généralement, à l'utiliser et l'exploiter dans les mêmes conditions de
sécurité. Ce contrat peut être reproduit et diffusé librement, sous
réserve de le conserver en l'état, sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le
titulaire des droits patrimoniaux décide de soumettre l'exploitation aux
dispositions qu'il contient.
Une liste de questions fréquemment posées se trouve sur le site web
officiel de la famille des licences CeCILL
(http://www.cecill.info/index.fr.html) pour toute clarification qui
serait nécessaire.
Article 1 - DEFINITIONS
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une
lettre capitale, auront la signification suivante:
Contrat: désigne le présent contrat de licence, ses éventuelles versions
postérieures et annexes.
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code
Source et le cas échéant sa documentation, dans leur état au moment de
l'acceptation du Contrat par le Licencié.
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et
éventuellement de Code Objet et le cas échéant sa documentation, dans
leur état au moment de leur première diffusion sous les termes du Contrat.
Logiciel Modifié: désigne le Logiciel modifié par au moins une
Contribution.
Code Source: désigne l'ensemble des instructions et des lignes de
programme du Logiciel et auquel l'accès est nécessaire en vue de
modifier le Logiciel.
Code Objet: désigne les fichiers binaires issus de la compilation du
Code Source.
Titulaire: désigne le ou les détenteurs des droits patrimoniaux d'auteur
sur le Logiciel Initial.
Licencié: désigne le ou les utilisateurs du Logiciel ayant accepté le
Contrat.
Contributeur: désigne le Licencié auteur d'au moins une Contribution.
Concédant: désigne le Titulaire ou toute personne physique ou morale
distribuant le Logiciel sous le Contrat.
Contribution: désigne l'ensemble des modifications, corrections,
traductions, adaptations et/ou nouvelles fonctionnalités intégrées dans
le Logiciel par tout Contributeur, ainsi que tout Module Interne.
Module: désigne un ensemble de fichiers sources y compris leur
documentation qui permet de réaliser des fonctionnalités ou services
supplémentaires à ceux fournis par le Logiciel.
Module Externe: désigne tout Module, non dérivé du Logiciel, tel que ce
Module et le Logiciel s'exécutent dans des espaces d'adressage
différents, l'un appelant l'autre au moment de leur exécution.
Module Interne: désigne tout Module lié au Logiciel de telle sorte
qu'ils s'exécutent dans le même espace d'adressage.
GNU GPL: désigne la GNU General Public License dans sa version 2 ou
toute version ultérieure, telle que publiée par Free Software Foundation
Inc.
GNU Affero GPL: désigne la GNU Affero General Public License dans sa
version 3 ou toute version ultérieure, telle que publiée par Free
Software Foundation Inc.
EUPL: désigne la Licence Publique de l'Union européenne dans sa version
1.1 ou toute version ultérieure, telle que publiée par la Commission
Européenne.
Parties: désigne collectivement le Licencié et le Concédant.
Ces termes s'entendent au singulier comme au pluriel.
Article 2 - OBJET
Le Contrat a pour objet la concession par le Concédant au Licencié d'une
licence non exclusive, cessible et mondiale du Logiciel telle que
définie ci-après à l'article 5 <#etendue> pour toute la durée de
protection des droits portant sur ce Logiciel.
Article 3 - ACCEPTATION
3.1 L'acceptation par le Licencié des termes du Contrat est réputée
acquise du fait du premier des faits suivants:
* (i) le chargement du Logiciel par tout moyen notamment par
téléchargement à partir d'un serveur distant ou par chargement à
partir d'un support physique;
* (ii) le premier exercice par le Licencié de l'un quelconque des
droits concédés par le Contrat.
3.2 Un exemplaire du Contrat, contenant notamment un avertissement
relatif aux spécificités du Logiciel, à la restriction de garantie et à
la limitation à un usage par des utilisateurs expérimentés a été mis à
disposition du Licencié préalablement à son acceptation telle que
définie à l'article 3.1 <#acceptation-acquise> ci dessus et le Licencié
reconnaît en avoir pris connaissance.
Article 4 - ENTREE EN VIGUEUR ET DUREE
4.1 ENTREE EN VIGUEUR
Le Contrat entre en vigueur à la date de son acceptation par le Licencié
telle que définie en 3.1 <#acceptation-acquise>.
4.2 DUREE
Le Contrat produira ses effets pendant toute la durée légale de
protection des droits patrimoniaux portant sur le Logiciel.
Article 5 - ETENDUE DES DROITS CONCEDES
Le Concédant concède au Licencié, qui accepte, les droits suivants sur
le Logiciel pour toutes destinations et pour la durée du Contrat dans
les conditions ci-après détaillées.
Par ailleurs, si le Concédant détient ou venait à détenir un ou
plusieurs brevets d'invention protégeant tout ou partie des
fonctionnalités du Logiciel ou de ses composants, il s'engage à ne pas
opposer les éventuels droits conférés par ces brevets aux Licenciés
successifs qui utiliseraient, exploiteraient ou modifieraient le
Logiciel. En cas de cession de ces brevets, le Concédant s'engage à
faire reprendre les obligations du présent alinéa aux cessionnaires.
5.1 DROIT D'UTILISATION
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant
aux domaines d'application, étant ci-après précisé que cela comporte:
1.
la reproduction permanente ou provisoire du Logiciel en tout ou
partie par tout moyen et sous toute forme.
2.
le chargement, l'affichage, l'exécution, ou le stockage du Logiciel
sur tout support.
3.
la possibilité d'en observer, d'en étudier, ou d'en tester le
fonctionnement afin de déterminer les idées et principes qui sont à
la base de n'importe quel élément de ce Logiciel; et ceci, lorsque
le Licencié effectue toute opération de chargement, d'affichage,
d'exécution, de transmission ou de stockage du Logiciel qu'il est en
droit d'effectuer en vertu du Contrat.
5.2 DROIT D'APPORTER DES CONTRIBUTIONS
Le droit d'apporter des Contributions comporte le droit de traduire,
d'adapter, d'arranger ou d'apporter toute autre modification au Logiciel
et le droit de reproduire le logiciel en résultant.
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous
réserve de mentionner, de façon explicite, son nom en tant qu'auteur de
cette Contribution et la date de création de celle-ci.
5.3 DROIT DE DISTRIBUTION
Le droit de distribution comporte notamment le droit de diffuser, de
transmettre et de communiquer le Logiciel au public sur tout support et
par tout moyen ainsi que le droit de mettre sur le marché à titre
onéreux ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à distribuer des copies du Logiciel, modifié ou
non, à des tiers dans les conditions ci-après détaillées.
5.3.1 DISTRIBUTION DU LOGICIEL SANS MODIFICATION
Le Licencié est autorisé à distribuer des copies conformes du Logiciel,
sous forme de Code Source ou de Code Objet, à condition que cette
distribution respecte les dispositions du Contrat dans leur totalité et
soit accompagnée:
1.
d'un exemplaire du Contrat,
2.
d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
<#responsabilite> et 9 <#garantie>,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué,
le Licencié permette un accès effectif au Code Source complet du
Logiciel pour une durée d'au moins 3 ans à compter de la distribution du
logiciel, étant entendu que le coût additionnel d'acquisition du Code
Source ne devra pas excéder le simple coût de transfert des données.
5.3.2 DISTRIBUTION DU LOGICIEL MODIFIE
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions
de distribution du Logiciel Modifié en résultant sont alors soumises à
l'intégralité des dispositions du Contrat.
Le Licencié est autorisé à distribuer le Logiciel Modifié, sous forme de
code source ou de code objet, à condition que cette distribution
respecte les dispositions du Contrat dans leur totalité et soit
accompagnée:
1.
d'un exemplaire du Contrat,
2.
d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
<#responsabilite> et 9 <#garantie>,
et, dans le cas où seul le code objet du Logiciel Modifié est redistribué,
3.
d'une note précisant les conditions d'accès effectif au code source
complet du Logiciel Modifié, pendant une période d'au moins 3 ans à
compter de la distribution du Logiciel Modifié, étant entendu que le
coût additionnel d'acquisition du code source ne devra pas excéder
le simple coût de transfert des données.
5.3.3 DISTRIBUTION DES MODULES EXTERNES
Lorsque le Licencié a développé un Module Externe les conditions du
Contrat ne s'appliquent pas à ce Module Externe, qui peut être distribué
sous un contrat de licence différent.
5.3.4 COMPATIBILITE AVEC D'AUTRES LICENCES
Le Licencié peut inclure un code soumis aux dispositions d'une des
versions de la licence GNU GPL, GNU Affero GPL et/ou EUPL dans le
Logiciel modifié ou non et distribuer l'ensemble sous les conditions de
la même version de la licence GNU GPL, GNU Affero GPL et/ou EUPL.
Le Licencié peut inclure le Logiciel modifié ou non dans un code soumis
aux dispositions d'une des versions de la licence GNU GPL, GNU Affero
GPL et/ou EUPL et distribuer l'ensemble sous les conditions de la même
version de la licence GNU GPL, GNU Affero GPL et/ou EUPL.
Article 6 - PROPRIETE INTELLECTUELLE
6.1 SUR LE LOGICIEL INITIAL
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel
Initial. Toute utilisation du Logiciel Initial est soumise au respect
des conditions dans lesquelles le Titulaire a choisi de diffuser son
oeuvre et nul autre n'a la faculté de modifier les conditions de
diffusion de ce Logiciel Initial.
Le Titulaire s'engage à ce que le Logiciel Initial reste au moins régi
par le Contrat et ce, pour la durée visée à l'article 4.2 <#duree>.
6.2 SUR LES CONTRIBUTIONS
Le Licencié qui a développé une Contribution est titulaire sur celle-ci
des droits de propriété intellectuelle dans les conditions définies par
la législation applicable.
6.3 SUR LES MODULES EXTERNES
Le Licencié qui a développé un Module Externe est titulaire sur celui-ci
des droits de propriété intellectuelle dans les conditions définies par
la législation applicable et reste libre du choix du contrat régissant
sa diffusion.
6.4 DISPOSITIONS COMMUNES
Le Licencié s'engage expressément:
1.
à ne pas supprimer ou modifier de quelque manière que ce soit les
mentions de propriété intellectuelle apposées sur le Logiciel;
2.
à reproduire à l'identique lesdites mentions de propriété
intellectuelle sur les copies du Logiciel modifié ou non.
Le Licencié s'engage à ne pas porter atteinte, directement ou
indirectement, aux droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs sur le Logiciel et à prendre, le cas échéant, à
l'égard de son personnel toutes les mesures nécessaires pour assurer le
respect des dits droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs.
Article 7 - SERVICES ASSOCIES
7.1 Le Contrat n'oblige en aucun cas le Concédant à la réalisation de
prestations d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les
termes et conditions d'une telle assistance technique et/ou d'une telle
maintenance seront alors déterminés dans un acte séparé. Ces actes de
maintenance et/ou assistance technique n'engageront que la seule
responsabilité du Concédant qui les propose.
7.2 De même, tout Concédant est libre de proposer, sous sa seule
responsabilité, à ses licenciés une garantie, qui n'engagera que lui,
lors de la redistribution du Logiciel et/ou du Logiciel Modifié et ce,
dans les conditions qu'il souhaite. Cette garantie et les modalités
financières de son application feront l'objet d'un acte séparé entre le
Concédant et le Licencié.
Article 8 - RESPONSABILITE
8.1 Sous réserve des dispositions de l'article 8.2
<#limite-responsabilite>, le Licencié a la faculté, sous réserve de
prouver la faute du Concédant concerné, de solliciter la réparation du
préjudice direct qu'il subirait du fait du Logiciel et dont il apportera
la preuve.
8.2 La responsabilité du Concédant est limitée aux engagements pris en
application du Contrat et ne saurait être engagée en raison notamment:
(i) des dommages dus à l'inexécution, totale ou partielle, de ses
obligations par le Licencié, (ii) des dommages directs ou indirects
découlant de l'utilisation ou des performances du Logiciel subis par le
Licencié et (iii) plus généralement d'un quelconque dommage indirect. En
particulier, les Parties conviennent expressément que tout préjudice
financier ou commercial (par exemple perte de données, perte de
bénéfices, perte d'exploitation, perte de clientèle ou de commandes,
manque à gagner, trouble commercial quelconque) ou toute action dirigée
contre le Licencié par un tiers, constitue un dommage indirect et
n'ouvre pas droit à réparation par le Concédant.
Article 9 - GARANTIE
9.1 Le Licencié reconnaît que l'état actuel des connaissances
scientifiques et techniques au moment de la mise en circulation du
Logiciel ne permet pas d'en tester et d'en vérifier toutes les
utilisations ni de détecter l'existence d'éventuels défauts. L'attention
du Licencié a été attirée sur ce point sur les risques associés au
chargement, à l'utilisation, la modification et/ou au développement et à
la reproduction du Logiciel qui sont réservés à des utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous
moyens, l'adéquation du produit à ses besoins, son bon fonctionnement et
de s'assurer qu'il ne causera pas de dommages aux personnes et aux biens.
9.2 Le Concédant déclare de bonne foi être en droit de concéder
l'ensemble des droits attachés au Logiciel (comprenant notamment les
droits visés à l'article 5 <#etendue>).
9.3 Le Licencié reconnaît que le Logiciel est fourni "en l'état" par le
Concédant sans autre garantie, expresse ou tacite, que celle prévue à
l'article 9.2 <#bonne-foi> et notamment sans aucune garantie sur sa
valeur commerciale, son caractère sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt
d'erreur, qu'il fonctionnera sans interruption, qu'il sera compatible
avec l'équipement du Licencié et sa configuration logicielle ni qu'il
remplira les besoins du Licencié.
9.4 Le Concédant ne garantit pas, de manière expresse ou tacite, que le
Logiciel ne porte pas atteinte à un quelconque droit de propriété
intellectuelle d'un tiers portant sur un brevet, un logiciel ou sur tout
autre droit de propriété. Ainsi, le Concédant exclut toute garantie au
profit du Licencié contre les actions en contrefaçon qui pourraient être
diligentées au titre de l'utilisation, de la modification, et de la
redistribution du Logiciel. Néanmoins, si de telles actions sont
exercées contre le Licencié, le Concédant lui apportera son expertise
technique et juridique pour sa défense. Cette expertise technique et
juridique est déterminée au cas par cas entre le Concédant concerné et
le Licencié dans le cadre d'un protocole d'accord. Le Concédant dégage
toute responsabilité quant à l'utilisation de la dénomination du
Logiciel par le Licencié. Aucune garantie n'est apportée quant à
l'existence de droits antérieurs sur le nom du Logiciel et sur
l'existence d'une marque.
Article 10 - RESILIATION
10.1 En cas de manquement par le Licencié aux obligations mises à sa
charge par le Contrat, le Concédant pourra résilier de plein droit le
Contrat trente (30) jours après notification adressée au Licencié et
restée sans effet.
10.2 Le Licencié dont le Contrat est résilié n'est plus autorisé à
utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les
licences qu'il aura concédées antérieurement à la résiliation du Contrat
resteront valides sous réserve qu'elles aient été effectuées en
conformité avec le Contrat.
Article 11 - DISPOSITIONS DIVERSES
11.1 CAUSE EXTERIEURE
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance
d'exécution du Contrat qui serait dû à un cas de force majeure, un cas
fortuit ou une cause extérieure, telle que, notamment, le mauvais
fonctionnement ou les interruptions du réseau électrique ou de
télécommunication, la paralysie du réseau liée à une attaque
informatique, l'intervention des autorités gouvernementales, les
catastrophes naturelles, les dégâts des eaux, les tremblements de terre,
le feu, les explosions, les grèves et les conflits sociaux, l'état de
guerre...
11.2 Le fait, par l'une ou l'autre des Parties, d'omettre en une ou
plusieurs occasions de se prévaloir d'une ou plusieurs dispositions du
Contrat, ne pourra en aucun cas impliquer renonciation par la Partie
intéressée à s'en prévaloir ultérieurement.
11.3 Le Contrat annule et remplace toute convention antérieure, écrite
ou orale, entre les Parties sur le même objet et constitue l'accord
entier entre les Parties sur cet objet. Aucune addition ou modification
aux termes du Contrat n'aura d'effet à l'égard des Parties à moins
d'être faite par écrit et signée par leurs représentants dûment habilités.
11.4 Dans l'hypothèse où une ou plusieurs des dispositions du Contrat
s'avèrerait contraire à une loi ou à un texte applicable, existants ou
futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les
amendements nécessaires pour se conformer à cette loi ou à ce texte.
Toutes les autres dispositions resteront en vigueur. De même, la
nullité, pour quelque raison que ce soit, d'une des dispositions du
Contrat ne saurait entraîner la nullité de l'ensemble du Contrat.
11.5 LANGUE
Le Contrat est rédigé en langue française et en langue anglaise, ces
deux versions faisant également foi.
Article 12 - NOUVELLES VERSIONS DU CONTRAT
12.1 Toute personne est autorisée à copier et distribuer des copies de
ce Contrat.
12.2 Afin d'en préserver la cohérence, le texte du Contrat est protégé
et ne peut être modifié que par les auteurs de la licence, lesquels se
réservent le droit de publier périodiquement des mises à jour ou de
nouvelles versions du Contrat, qui posséderont chacune un numéro
distinct. Ces versions ultérieures seront susceptibles de prendre en
compte de nouvelles problématiques rencontrées par les logiciels libres.
12.3 Tout Logiciel diffusé sous une version donnée du Contrat ne pourra
faire l'objet d'une diffusion ultérieure que sous la même version du
Contrat ou une version postérieure, sous réserve des dispositions de
l'article 5.3.4 <#compatibilite>.
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
13.1 Le Contrat est régi par la loi française. Les Parties conviennent
de tenter de régler à l'amiable les différends ou litiges qui
viendraient à se produire par suite ou à l'occasion du Contrat.
13.2 A défaut d'accord amiable dans un délai de deux (2) mois à compter
de leur survenance et sauf situation relevant d'une procédure d'urgence,
les différends ou litiges seront portés par la Partie la plus diligente
devant les Tribunaux compétents de Paris.
CeCILL FREE SOFTWARE LICENSE AGREEMENT
Version 2.1 dated 2013-06-21
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it
is conformant, both as regards the law of torts and intellectual
property law, and the protection that it offers to both authors and
holders of the economic rights over software.
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a
public scientific, technical and industrial research establishment,
having its principal place of business at 25 rue Leblanc, immeuble Le
Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
Inria, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
The purpose of this Free Software license agreement is to grant users
the right to modify and redistribute the software governed by this
license within the framework of an open source distribution model.
The exercising of this right is conditional upon certain obligations for
users so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the
suitability of the software as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and,
more generally, to use and operate it in the same conditions of
security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no provisions are either added or
removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Frequently asked questions can be found on the official website of the
CeCILL licenses family (http://www.cecill.info/index.en.html) for any
necessary clarification.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Software by any or
all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that
enables supplementary functions or services in addition to those offered
by the Software.
External Module: means any or all Modules, not derived from the
Software, so that this Module and the Software run in separate address
spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so
that they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any
subsequent version, as published by the Free Software Foundation Inc.
GNU Affero GPL: means the GNU Affero General Public License version 3 or
any subsequent version, as published by the Free Software Foundation Inc.
EUPL: means the European Union Public License version 1.1 or any
subsequent version, as published by the European Commission.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 <#scope> hereinafter for the whole
term of the protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical medium;
* (ii) the first time the Licensee exercises any of the rights granted
hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
<#accepting> hereinabove, and the Licensee hereby acknowledges that it
has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1 <#accepting>.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all
medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission or
storage operation as regards the Software, that it is entitled to
carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modifications to the Software, and the right
to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the
Software provided that it includes an explicit notice that it is the
author of said Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty
and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows effective access to the full Source
Code of the Software for a period of at least three years from the
distribution of the Software, it being understood that the additional
acquisition cost of the Source Code shall not exceed the cost of the
data transfer.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and
conditions for the distribution of the resulting Modified Software
become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in
source code or object code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty
and liability as set forth in Articles 8 and 9,
and, in the event that only the object code of the Modified Software is
redistributed,
3. a note stating the conditions of effective access to the full source
code of the Modified Software for a period of at least three years
from the distribution of the Modified Software, it being understood
that the additional acquisition cost of the source code shall not
exceed the cost of the data transfer.
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and
conditions of this Agreement do not apply to said External Module, that
may be distributed under a separate license agreement.
5.3.4 COMPATIBILITY WITH OTHER LICENSES
The Licensee can include a code that is subject to the provisions of one
of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the
Modified or unmodified Software, and distribute that entire code under
the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
The Licensee can include the Modified or unmodified Software in a code
that is subject to the provisions of one of the versions of the GNU GPL,
GNU Affero GPL and/or EUPL and distribute that entire code under the
terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2 <#term>.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the
intellectual property rights over this External Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of
the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights on the Software of the Holder and/or
Contributors, and to take, where applicable, vis-à-vis its staff, any
and all measures required to ensure respect of said intellectual
property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working
order, and for ensuring that it shall not cause damage to either persons
or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5 <#scope>).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 <#good-faith> and, in particular,
without any warranty as to its commercial value, its secured, safe,
innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
expertise for its defense. Such technical and legal expertise shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version, subject to the provisions of Article 5.3.4
<#compatibility>.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to
users,
* secondly, the election of a governing law, French law, with which
it is conformant, both as regards the law of torts and
intellectual property law, and the protection that it offers to
both authors and holders of the economic rights over software.
The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
and industrial research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
INRIA, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
This Agreement is an open source software license intended to give users
significant freedom to modify and redistribute the software licensed
hereunder.
The exercising of this freedom is conditional upon a strong obligation
of giving credits for everybody that distributes a software
incorporating a software ruled by the current license so as all
contributions to be properly identified and acknowledged.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the
suitability of the software as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and,
more generally, to use and operate it in the same conditions of
security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no provisions are either added or
removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Software by any or
all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that
enables supplementary functions or services in addition to those offered
by the Software.
External Module: means any or all Modules, not derived from the
Software, so that this Module and the Software run in separate address
spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so
that they both execute in the same address space.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical
medium;
* (ii) the first time the Licensee exercises any of the rights
granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
hereinabove, and the Licensee hereby acknowledges that it has read and
understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or
all medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission
or storage operation as regards the Software, that it is entitled
to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modifications to the Software, and the right
to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the
Software provided that it includes an explicit notice that it is the
author of said Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows effective access to the full Source
Code of the Software at a minimum during the entire period of its
distribution of the Software, it being understood that the additional
cost of acquiring the Source Code shall not exceed the cost of
transferring the data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
If the Licensee makes any Contribution to the Software, the resulting
Modified Software may be distributed under a license agreement other
than this Agreement subject to compliance with the provisions of Article
5.3.4.
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and
conditions of this Agreement do not apply to said External Module, that
may be distributed under a separate license agreement.
5.3.4 CREDITS
Any Licensee who may distribute a Modified Software hereby expressly
agrees to:
1. indicate in the related documentation that it is based on the
Software licensed hereunder, and reproduce the intellectual
property notice for the Software,
2. ensure that written indications of the Software intended use,
intellectual property notice and license hereunder are included in
easily accessible format from the Modified Software interface,
3. mention, on a freely accessible website describing the Modified
Software, at least throughout the distribution term thereof, that
it is based on the Software licensed hereunder, and reproduce the
Software intellectual property notice,
4. where it is distributed to a third party that may distribute a
Modified Software without having to make its source code
available, make its best efforts to ensure that said third party
agrees to comply with the obligations set forth in this Article .
If the Software, whether or not modified, is distributed with an
External Module designed for use in connection with the Software, the
Licensee shall submit said External Module to the foregoing obligations.
5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
Where a Modified Software contains a Contribution subject to the CeCILL
license, the provisions set forth in Article 5.3.4 shall be optional.
A Modified Software may be distributed under the CeCILL-C license. In
such a case the provisions set forth in Article 5.3.4 shall be optional.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the
intellectual property rights over this External Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies
of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors on the
Software and to take, where applicable, vis-à-vis its staff, any and all
measures required to ensure respect of said intellectual property rights
of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working
order, and for ensuring that it shall not cause damage to either persons
or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
Version 1.0 dated 2006-09-05.
CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL-B
Avertissement
Ce contrat est une licence de logiciel libre issue d'une concertation
entre ses auteurs afin que le respect de deux grands principes préside à
sa rédaction:
* d'une part, le respect des principes de diffusion des logiciels
libres: accès au code source, droits étendus conférés aux
utilisateurs,
* d'autre part, la désignation d'un droit applicable, le droit
français, auquel elle est conforme, tant au regard du droit de la
responsabilité civile que du droit de la propriété intellectuelle
et de la protection qu'il offre aux auteurs et titulaires des
droits patrimoniaux sur un logiciel.
Les auteurs de la licence CeCILL-B (pour Ce[a] C[nrs] I[nria] L[ogiciel]
L[ibre]) sont:
Commissariat à l'Energie Atomique - CEA, établissement public de
recherche à caractère scientifique, technique et industriel, dont le
siège est situé 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris.
Centre National de la Recherche Scientifique - CNRS, établissement
public à caractère scientifique et technologique, dont le siège est
situé 3 rue Michel-Ange, 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique -
INRIA, établissement public à caractère scientifique et technologique,
dont le siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153
Le Chesnay cedex.
Préambule
Ce contrat est une licence de logiciel libre dont l'objectif est de
conférer aux utilisateurs une très large liberté de modification et de
redistribution du logiciel régi par cette licence.
L'exercice de cette liberté est assorti d'une obligation forte de
citation à la charge de ceux qui distribueraient un logiciel incorporant
un logiciel régi par la présente licence afin d'assurer que les
contributions de tous soient correctement identifiées et reconnues.
L'accessibilité au code source et les droits de copie, de modification
et de redistribution qui découlent de ce contrat ont pour contrepartie
de n'offrir aux utilisateurs qu'une garantie limitée et de ne faire
peser sur l'auteur du logiciel, le titulaire des droits patrimoniaux et
les concédants successifs qu'une responsabilité restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques
associés au chargement, à l'utilisation, à la modification et/ou au
développement et à la reproduction du logiciel par l'utilisateur étant
donné sa spécificité de logiciel libre, qui peut le rendre complexe à
manipuler et qui le réserve donc à des développeurs ou des
professionnels avertis possédant des connaissances informatiques
approfondies. Les utilisateurs sont donc invités à charger et tester
l'adéquation du logiciel à leurs besoins dans des conditions permettant
d'assurer la sécurité de leurs systèmes et/ou de leurs données et, plus
généralement, à l'utiliser et l'exploiter dans les mêmes conditions de
sécurité. Ce contrat peut être reproduit et diffusé librement, sous
réserve de le conserver en l'état, sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le
titulaire des droits patrimoniaux décide de soumettre l'exploitation aux
dispositions qu'il contient.
Article 1 - DEFINITIONS
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une
lettre capitale, auront la signification suivante:
Contrat: désigne le présent contrat de licence, ses éventuelles versions
postérieures et annexes.
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code
Source et le cas échéant sa documentation, dans leur état au moment de
l'acceptation du Contrat par le Licencié.
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et
éventuellement de Code Objet et le cas échéant sa documentation, dans
leur état au moment de leur première diffusion sous les termes du Contrat.
Logiciel Modifié: désigne le Logiciel modifié par au moins une
Contribution.
Code Source: désigne l'ensemble des instructions et des lignes de
programme du Logiciel et auquel l'accès est nécessaire en vue de
modifier le Logiciel.
Code Objet: désigne les fichiers binaires issus de la compilation du
Code Source.
Titulaire: désigne le ou les détenteurs des droits patrimoniaux d'auteur
sur le Logiciel Initial.
Licencié: désigne le ou les utilisateurs du Logiciel ayant accepté le
Contrat.
Contributeur: désigne le Licencié auteur d'au moins une Contribution.
Concédant: désigne le Titulaire ou toute personne physique ou morale
distribuant le Logiciel sous le Contrat.
Contribution: désigne l'ensemble des modifications, corrections,
traductions, adaptations et/ou nouvelles fonctionnalités intégrées dans
le Logiciel par tout Contributeur, ainsi que tout Module Interne.
Module: désigne un ensemble de fichiers sources y compris leur
documentation qui permet de réaliser des fonctionnalités ou services
supplémentaires à ceux fournis par le Logiciel.
Module Externe: désigne tout Module, non dérivé du Logiciel, tel que ce
Module et le Logiciel s'exécutent dans des espaces d'adressage
différents, l'un appelant l'autre au moment de leur exécution.
Module Interne: désigne tout Module lié au Logiciel de telle sorte
qu'ils s'exécutent dans le même espace d'adressage.
Parties: désigne collectivement le Licencié et le Concédant.
Ces termes s'entendent au singulier comme au pluriel.
Article 2 - OBJET
Le Contrat a pour objet la concession par le Concédant au Licencié d'une
licence non exclusive, cessible et mondiale du Logiciel telle que
définie ci-après à l'article 5 pour toute la durée de protection des droits
portant sur ce Logiciel.
Article 3 - ACCEPTATION
3.1 L'acceptation par le Licencié des termes du Contrat est réputée
acquise du fait du premier des faits suivants:
* (i) le chargement du Logiciel par tout moyen notamment par
téléchargement à partir d'un serveur distant ou par chargement à
partir d'un support physique;
* (ii) le premier exercice par le Licencié de l'un quelconque des
droits concédés par le Contrat.
3.2 Un exemplaire du Contrat, contenant notamment un avertissement
relatif aux spécificités du Logiciel, à la restriction de garantie et à
la limitation à un usage par des utilisateurs expérimentés a été mis à
disposition du Licencié préalablement à son acceptation telle que
définie à l'article 3.1 ci dessus et le Licencié reconnaît en avoir pris
connaissance.
Article 4 - ENTREE EN VIGUEUR ET DUREE
4.1 ENTREE EN VIGUEUR
Le Contrat entre en vigueur à la date de son acceptation par le Licencié
telle que définie en 3.1.
4.2 DUREE
Le Contrat produira ses effets pendant toute la durée légale de
protection des droits patrimoniaux portant sur le Logiciel.
Article 5 - ETENDUE DES DROITS CONCEDES
Le Concédant concède au Licencié, qui accepte, les droits suivants sur
le Logiciel pour toutes destinations et pour la durée du Contrat dans
les conditions ci-après détaillées.
Par ailleurs, si le Concédant détient ou venait à détenir un ou
plusieurs brevets d'invention protégeant tout ou partie des
fonctionnalités du Logiciel ou de ses composants, il s'engage à ne pas
opposer les éventuels droits conférés par ces brevets aux Licenciés
successifs qui utiliseraient, exploiteraient ou modifieraient le
Logiciel. En cas de cession de ces brevets, le Concédant s'engage à
faire reprendre les obligations du présent alinéa aux cessionnaires.
5.1 DROIT D'UTILISATION
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant
aux domaines d'application, étant ci-après précisé que cela comporte:
1. la reproduction permanente ou provisoire du Logiciel en tout ou
partie par tout moyen et sous toute forme.
2. le chargement, l'affichage, l'exécution, ou le stockage du
Logiciel sur tout support.
3. la possibilité d'en observer, d'en étudier, ou d'en tester le
fonctionnement afin de déterminer les idées et principes qui sont
à la base de n'importe quel élément de ce Logiciel; et ceci,
lorsque le Licencié effectue toute opération de chargement,
d'affichage, d'exécution, de transmission ou de stockage du
Logiciel qu'il est en droit d'effectuer en vertu du Contrat.
5.2 DROIT D'APPORTER DES CONTRIBUTIONS
Le droit d'apporter des Contributions comporte le droit de traduire,
d'adapter, d'arranger ou d'apporter toute autre modification au Logiciel
et le droit de reproduire le logiciel en résultant.
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous
réserve de mentionner, de façon explicite, son nom en tant qu'auteur de
cette Contribution et la date de création de celle-ci.
5.3 DROIT DE DISTRIBUTION
Le droit de distribution comporte notamment le droit de diffuser, de
transmettre et de communiquer le Logiciel au public sur tout support et
par tout moyen ainsi que le droit de mettre sur le marché à titre
onéreux ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à distribuer des copies du Logiciel, modifié ou
non, à des tiers dans les conditions ci-après détaillées.
5.3.1 DISTRIBUTION DU LOGICIEL SANS MODIFICATION
Le Licencié est autorisé à distribuer des copies conformes du Logiciel,
sous forme de Code Source ou de Code Objet, à condition que cette
distribution respecte les dispositions du Contrat dans leur totalité et
soit accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
et 9,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué,
le Licencié permette un accès effectif au Code Source complet du
Logiciel pendant au moins toute la durée de sa distribution du Logiciel,
étant entendu que le coût additionnel d'acquisition du Code Source ne
devra pas excéder le simple coût de transfert des données.
5.3.2 DISTRIBUTION DU LOGICIEL MODIFIE
Lorsque le Licencié apporte une Contribution au Logiciel, le Logiciel
Modifié peut être distribué sous un contrat de licence autre que le
présent Contrat sous réserve du respect des dispositions de l'article
5.3.4.
5.3.3 DISTRIBUTION DES MODULES EXTERNES
Lorsque le Licencié a développé un Module Externe les conditions du
Contrat ne s'appliquent pas à ce Module Externe, qui peut être distribué
sous un contrat de licence différent.
5.3.4 CITATIONS
Le Licencié qui distribue un Logiciel Modifié s'engage expressément:
1. à indiquer dans sa documentation qu'il a été réalisé à partir du
Logiciel régi par le Contrat, en reproduisant les mentions de
propriété intellectuelle du Logiciel,
2. à faire en sorte que l'utilisation du Logiciel, ses mentions de
propriété intellectuelle et le fait qu'il est régi par le Contrat
soient indiqués dans un texte facilement accessible depuis
l'interface du Logiciel Modifié,
3. à mentionner, sur un site Web librement accessible décrivant le
Logiciel Modifié, et pendant au moins toute la durée de sa
distribution, qu'il a été réalisé à partir du Logiciel régi par le
Contrat, en reproduisant les mentions de propriété intellectuelle
du Logiciel,
4. lorsqu'il le distribue à un tiers susceptible de distribuer
lui-même un Logiciel Modifié, sans avoir à en distribuer le code
source, à faire ses meilleurs efforts pour que les obligations du
présent article 5.3.4 soient reprises par le dit tiers.
Lorsque le Logiciel modifié ou non est distribué avec un Module Externe
qui a été conçu pour l'utiliser, le Licencié doit soumettre le dit
Module Externe aux obligations précédentes.
5.3.5 COMPATIBILITE AVEC LES LICENCES CeCILL et CeCILL-C
Lorsqu'un Logiciel Modifié contient une Contribution soumise au contrat
de licence CeCILL, les stipulations prévues à l'article 5.3.4 sont
facultatives.
Un Logiciel Modifié peut être distribué sous le contrat de licence
CeCILL-C. Les stipulations prévues à l'article 5.3.4 sont alors
facultatives.
Article 6 - PROPRIETE INTELLECTUELLE
6.1 SUR LE LOGICIEL INITIAL
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel
Initial. Toute utilisation du Logiciel Initial est soumise au respect
des conditions dans lesquelles le Titulaire a choisi de diffuser son
oeuvre et nul autre n'a la faculté de modifier les conditions de
diffusion de ce Logiciel Initial.
Le Titulaire s'engage à ce que le Logiciel Initial reste au moins régi
par le Contrat et ce, pour la durée visée à l'article 4.2.
6.2 SUR LES CONTRIBUTIONS
Le Licencié qui a développé une Contribution est titulaire sur celle-ci
des droits de propriété intellectuelle dans les conditions définies par
la législation applicable.
6.3 SUR LES MODULES EXTERNES
Le Licencié qui a développé un Module Externe est titulaire sur celui-ci
des droits de propriété intellectuelle dans les conditions définies par
la législation applicable et reste libre du choix du contrat régissant
sa diffusion.
6.4 DISPOSITIONS COMMUNES
Le Licencié s'engage expressément:
1. à ne pas supprimer ou modifier de quelque manière que ce soit les
mentions de propriété intellectuelle apposées sur le Logiciel;
2. à reproduire à l'identique lesdites mentions de propriété
intellectuelle sur les copies du Logiciel modifié ou non.
Le Licencié s'engage à ne pas porter atteinte, directement ou
indirectement, aux droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs sur le Logiciel et à prendre, le cas échéant, à
l'égard de son personnel toutes les mesures nécessaires pour assurer le
respect des dits droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs.
Article 7 - SERVICES ASSOCIES
7.1 Le Contrat n'oblige en aucun cas le Concédant à la réalisation de
prestations d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les
termes et conditions d'une telle assistance technique et/ou d'une telle
maintenance seront alors déterminés dans un acte séparé. Ces actes de
maintenance et/ou assistance technique n'engageront que la seule
responsabilité du Concédant qui les propose.
7.2 De même, tout Concédant est libre de proposer, sous sa seule
responsabilité, à ses licenciés une garantie, qui n'engagera que lui,
lors de la redistribution du Logiciel et/ou du Logiciel Modifié et ce,
dans les conditions qu'il souhaite. Cette garantie et les modalités
financières de son application feront l'objet d'un acte séparé entre le
Concédant et le Licencié.
Article 8 - RESPONSABILITE
8.1 Sous réserve des dispositions de l'article 8.2, le Licencié a la
faculté, sous réserve de prouver la faute du Concédant concerné, de
solliciter la réparation du préjudice direct qu'il subirait du fait du
Logiciel et dont il apportera la preuve.
8.2 La responsabilité du Concédant est limitée aux engagements pris en
application du Contrat et ne saurait être engagée en raison notamment:
(i) des dommages dus à l'inexécution, totale ou partielle, de ses
obligations par le Licencié, (ii) des dommages directs ou indirects
découlant de l'utilisation ou des performances du Logiciel subis par le
Licencié et (iii) plus généralement d'un quelconque dommage indirect. En
particulier, les Parties conviennent expressément que tout préjudice
financier ou commercial (par exemple perte de données, perte de
bénéfices, perte d'exploitation, perte de clientèle ou de commandes,
manque à gagner, trouble commercial quelconque) ou toute action dirigée
contre le Licencié par un tiers, constitue un dommage indirect et
n'ouvre pas droit à réparation par le Concédant.
Article 9 - GARANTIE
9.1 Le Licencié reconnaît que l'état actuel des connaissances
scientifiques et techniques au moment de la mise en circulation du
Logiciel ne permet pas d'en tester et d'en vérifier toutes les
utilisations ni de détecter l'existence d'éventuels défauts. L'attention
du Licencié a été attirée sur ce point sur les risques associés au
chargement, à l'utilisation, la modification et/ou au développement et à
la reproduction du Logiciel qui sont réservés à des utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous
moyens, l'adéquation du produit à ses besoins, son bon fonctionnement et
de s'assurer qu'il ne causera pas de dommages aux personnes et aux biens.
9.2 Le Concédant déclare de bonne foi être en droit de concéder
l'ensemble des droits attachés au Logiciel (comprenant notamment les
droits visés à l'article 5).
9.3 Le Licencié reconnaît que le Logiciel est fourni "en l'état" par le
Concédant sans autre garantie, expresse ou tacite, que celle prévue à
l'article 9.2 et notamment sans aucune garantie sur sa valeur commerciale,
son caractère sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt
d'erreur, qu'il fonctionnera sans interruption, qu'il sera compatible
avec l'équipement du Licencié et sa configuration logicielle ni qu'il
remplira les besoins du Licencié.
9.4 Le Concédant ne garantit pas, de manière expresse ou tacite, que le
Logiciel ne porte pas atteinte à un quelconque droit de propriété
intellectuelle d'un tiers portant sur un brevet, un logiciel ou sur tout
autre droit de propriété. Ainsi, le Concédant exclut toute garantie au
profit du Licencié contre les actions en contrefaçon qui pourraient être
diligentées au titre de l'utilisation, de la modification, et de la
redistribution du Logiciel. Néanmoins, si de telles actions sont
exercées contre le Licencié, le Concédant lui apportera son aide
technique et juridique pour sa défense. Cette aide technique et
juridique est déterminée au cas par cas entre le Concédant concerné et
le Licencié dans le cadre d'un protocole d'accord. Le Concédant dégage
toute responsabilité quant à l'utilisation de la dénomination du
Logiciel par le Licencié. Aucune garantie n'est apportée quant à
l'existence de droits antérieurs sur le nom du Logiciel et sur
l'existence d'une marque.
Article 10 - RESILIATION
10.1 En cas de manquement par le Licencié aux obligations mises à sa
charge par le Contrat, le Concédant pourra résilier de plein droit le
Contrat trente (30) jours après notification adressée au Licencié et
restée sans effet.
10.2 Le Licencié dont le Contrat est résilié n'est plus autorisé à
utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les
licences qu'il aura concédées antérieurement à la résiliation du Contrat
resteront valides sous réserve qu'elles aient été effectuées en
conformité avec le Contrat.
Article 11 - DISPOSITIONS DIVERSES
11.1 CAUSE EXTERIEURE
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance
d'exécution du Contrat qui serait dû à un cas de force majeure, un cas
fortuit ou une cause extérieure, telle que, notamment, le mauvais
fonctionnement ou les interruptions du réseau électrique ou de
télécommunication, la paralysie du réseau liée à une attaque
informatique, l'intervention des autorités gouvernementales, les
catastrophes naturelles, les dégâts des eaux, les tremblements de terre,
le feu, les explosions, les grèves et les conflits sociaux, l'état de
guerre...
11.2 Le fait, par l'une ou l'autre des Parties, d'omettre en une ou
plusieurs occasions de se prévaloir d'une ou plusieurs dispositions du
Contrat, ne pourra en aucun cas impliquer renonciation par la Partie
intéressée à s'en prévaloir ultérieurement.
11.3 Le Contrat annule et remplace toute convention antérieure, écrite
ou orale, entre les Parties sur le même objet et constitue l'accord
entier entre les Parties sur cet objet. Aucune addition ou modification
aux termes du Contrat n'aura d'effet à l'égard des Parties à moins
d'être faite par écrit et signée par leurs représentants dûment habilités.
11.4 Dans l'hypothèse où une ou plusieurs des dispositions du Contrat
s'avèrerait contraire à une loi ou à un texte applicable, existants ou
futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les
amendements nécessaires pour se conformer à cette loi ou à ce texte.
Toutes les autres dispositions resteront en vigueur. De même, la
nullité, pour quelque raison que ce soit, d'une des dispositions du
Contrat ne saurait entraîner la nullité de l'ensemble du Contrat.
11.5 LANGUE
Le Contrat est rédigé en langue française et en langue anglaise, ces
deux versions faisant également foi.
Article 12 - NOUVELLES VERSIONS DU CONTRAT
12.1 Toute personne est autorisée à copier et distribuer des copies de
ce Contrat.
12.2 Afin d'en préserver la cohérence, le texte du Contrat est protégé
et ne peut être modifié que par les auteurs de la licence, lesquels se
réservent le droit de publier périodiquement des mises à jour ou de
nouvelles versions du Contrat, qui posséderont chacune un numéro
distinct. Ces versions ultérieures seront susceptibles de prendre en
compte de nouvelles problématiques rencontrées par les logiciels libres.
12.3 Tout Logiciel diffusé sous une version donnée du Contrat ne pourra
faire l'objet d'une diffusion ultérieure que sous la même version du
Contrat ou une version postérieure.
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
13.1 Le Contrat est régi par la loi française. Les Parties conviennent
de tenter de régler à l'amiable les différends ou litiges qui
viendraient à se produire par suite ou à l'occasion du Contrat.
13.2 A défaut d'accord amiable dans un délai de deux (2) mois à compter
de leur survenance et sauf situation relevant d'une procédure d'urgence,
les différends ou litiges seront portés par la Partie la plus diligente
devant les Tribunaux compétents de Paris.
Version 1.0 du 2006-09-05.
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to
users,
* secondly, the election of a governing law, French law, with which
it is conformant, both as regards the law of torts and
intellectual property law, and the protection that it offers to
both authors and holders of the economic rights over software.
The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
and industrial research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
INRIA, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
The purpose of this Free Software license agreement is to grant users
the right to modify and re-use the software governed by this license.
The exercising of this right is conditional upon the obligation to make
available to the community the modifications made to the source code of
the software so as to contribute to its evolution.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the
suitability of the software as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and,
more generally, to use and operate it in the same conditions of
security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no provisions are either added or
removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one
Integrated Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Integrated
Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Integrated Contribution: means any or all modifications, corrections,
translations, adaptations and/or new functions integrated into the
Source Code by any or all Contributors.
Related Module: means a set of sources files including their
documentation that, without modification to the Source Code, enables
supplementary functions or services in addition to those offered by the
Software.
Derivative Software: means any combination of the Software, modified or
not, and of a Related Module.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical
medium;
* (ii) the first time the Licensee exercises any of the rights
granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
hereinabove, and the Licensee hereby acknowledges that it has read and
understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or
all medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission
or storage operation as regards the Software, that it is entitled
to carry out hereunder.
5.2 RIGHT OF MODIFICATION
The right of modification includes the right to translate, adapt,
arrange, or make any or all modifications to the Software, and the right
to reproduce the resulting software. It includes, in particular, the
right to create a Derivative Software.
The Licensee is authorized to make any or all modification to the
Software provided that it includes an explicit notice that it is the
author of said modification and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows effective access to the full Source
Code of the Software at a minimum during the entire period of its
distribution of the Software, it being understood that the additional
cost of acquiring the Source Code shall not exceed the cost of
transferring the data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes an Integrated Contribution to the Software, the
terms and conditions for the distribution of the resulting Modified
Software become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in
source code or object code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified
Software is redistributed, the Licensee allows effective access to the
full source code of the Modified Software at a minimum during the entire
period of its distribution of the Modified Software, it being understood
that the additional cost of acquiring the source code shall not exceed
the cost of transferring the data.
5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
When the Licensee creates Derivative Software, this Derivative Software
may be distributed under a license agreement other than this Agreement,
subject to compliance with the requirement to include a notice
concerning the rights over the Software as defined in Article 6.4.
In the event the creation of the Derivative Software required modification
of the Source Code, the Licensee undertakes that:
1. the resulting Modified Software will be governed by this Agreement,
2. the Integrated Contributions in the resulting Modified Software
will be clearly identified and documented,
3. the Licensee will allow effective access to the source code of the
Modified Software, at a minimum during the entire period of
distribution of the Derivative Software, such that such
modifications may be carried over in a subsequent version of the
Software; it being understood that the additional cost of
purchasing the source code of the Modified Software shall not
exceed the cost of transferring the data.
5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
When a Modified Software contains an Integrated Contribution subject to
the CeCILL license agreement, or when a Derivative Software contains a
Related Module subject to the CeCILL license agreement, the provisions
set forth in the third item of Article 6.4 are optional.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE INTEGRATED CONTRIBUTIONS
The Licensee who develops an Integrated Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE RELATED MODULES
The Licensee who develops a Related Module is the owner of the
intellectual property rights over this Related Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution under the conditions defined in Article 5.3.3.
6.4 NOTICE OF RIGHTS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies
of the Software modified or not;
3. to ensure that use of the Software, its intellectual property
notices and the fact that it is governed by the Agreement is
indicated in a text that is easily accessible, specifically from
the interface of any Derivative Software.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors on the
Software and to take, where applicable, vis-à-vis its staff, any and all
measures required to ensure respect of said intellectual property rights
of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working
order, and for ensuring that it shall not cause damage to either persons
or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
Version 1.0 dated 2006-09-05.
CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL-C
Avertissement
Ce contrat est une licence de logiciel libre issue d'une concertation
entre ses auteurs afin que le respect de deux grands principes préside à
sa rédaction:
* d'une part, le respect des principes de diffusion des logiciels
libres: accès au code source, droits étendus conférés aux
utilisateurs,
* d'autre part, la désignation d'un droit applicable, le droit
français, auquel elle est conforme, tant au regard du droit de la
responsabilité civile que du droit de la propriété intellectuelle
et de la protection qu'il offre aux auteurs et titulaires des
droits patrimoniaux sur un logiciel.
Les auteurs de la licence CeCILL-C (pour Ce[a] C[nrs] I[nria] L[ogiciel]
L[ibre]) sont:
Commissariat à l'Energie Atomique - CEA, établissement public de
recherche à caractère scientifique, technique et industriel, dont le
siège est situé 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris.
Centre National de la Recherche Scientifique - CNRS, établissement
public à caractère scientifique et technologique, dont le siège est
situé 3 rue Michel-Ange, 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique -
INRIA, établissement public à caractère scientifique et technologique,
dont le siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153
Le Chesnay cedex.
Préambule
Ce contrat est une licence de logiciel libre dont l'objectif est de
conférer aux utilisateurs la liberté de modifier et de réutiliser le
logiciel régi par cette licence.
L'exercice de cette liberté est assorti d'une obligation de remettre à
la disposition de la communauté les modifications apportées au code
source du logiciel afin de contribuer à son évolution.
L'accessibilité au code source et les droits de copie, de modification
et de redistribution qui découlent de ce contrat ont pour contrepartie
de n'offrir aux utilisateurs qu'une garantie limitée et de ne faire
peser sur l'auteur du logiciel, le titulaire des droits patrimoniaux et
les concédants successifs qu'une responsabilité restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques
associés au chargement, à l'utilisation, à la modification et/ou au
développement et à la reproduction du logiciel par l'utilisateur étant
donné sa spécificité de logiciel libre, qui peut le rendre complexe à
manipuler et qui le réserve donc à des développeurs ou des
professionnels avertis possédant des connaissances informatiques
approfondies. Les utilisateurs sont donc invités à charger et tester
l'adéquation du logiciel à leurs besoins dans des conditions permettant
d'assurer la sécurité de leurs systèmes et/ou de leurs données et, plus
généralement, à l'utiliser et l'exploiter dans les mêmes conditions de
sécurité. Ce contrat peut être reproduit et diffusé librement, sous
réserve de le conserver en l'état, sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le
titulaire des droits patrimoniaux décide de soumettre l'exploitation aux
dispositions qu'il contient.
Article 1 - DEFINITIONS
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une
lettre capitale, auront la signification suivante:
Contrat: désigne le présent contrat de licence, ses éventuelles versions
postérieures et annexes.
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code
Source et le cas échéant sa documentation, dans leur état au moment de
l'acceptation du Contrat par le Licencié.
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et
éventuellement de Code Objet et le cas échéant sa documentation, dans
leur état au moment de leur première diffusion sous les termes du Contrat.
Logiciel Modifié: désigne le Logiciel modifié par au moins une
Contribution Intégrée.
Code Source: désigne l'ensemble des instructions et des lignes de
programme du Logiciel et auquel l'accès est nécessaire en vue de
modifier le Logiciel.
Code Objet: désigne les fichiers binaires issus de la compilation du
Code Source.
Titulaire: désigne le ou les détenteurs des droits patrimoniaux d'auteur
sur le Logiciel Initial.
Licencié: désigne le ou les utilisateurs du Logiciel ayant accepté le
Contrat.
Contributeur: désigne le Licencié auteur d'au moins une Contribution
Intégrée.
Concédant: désigne le Titulaire ou toute personne physique ou morale
distribuant le Logiciel sous le Contrat.
Contribution Intégrée: désigne l'ensemble des modifications,
corrections, traductions, adaptations et/ou nouvelles fonctionnalités
intégrées dans le Code Source par tout Contributeur.
Module Lié: désigne un ensemble de fichiers sources y compris leur
documentation qui, sans modification du Code Source, permet de réaliser
des fonctionnalités ou services supplémentaires à ceux fournis par le
Logiciel.
Logiciel Dérivé: désigne toute combinaison du Logiciel, modifié ou non,
et d'un Module Lié.
Parties: désigne collectivement le Licencié et le Concédant.
Ces termes s'entendent au singulier comme au pluriel.
Article 2 - OBJET
Le Contrat a pour objet la concession par le Concédant au Licencié d'une
licence non exclusive, cessible et mondiale du Logiciel telle que
définie ci-après à l'article 5 pour toute la durée de protection des droits
portant sur ce Logiciel.
Article 3 - ACCEPTATION
3.1 L'acceptation par le Licencié des termes du Contrat est réputée
acquise du fait du premier des faits suivants:
* (i) le chargement du Logiciel par tout moyen notamment par
téléchargement à partir d'un serveur distant ou par chargement à
partir d'un support physique;
* (ii) le premier exercice par le Licencié de l'un quelconque des
droits concédés par le Contrat.
3.2 Un exemplaire du Contrat, contenant notamment un avertissement
relatif aux spécificités du Logiciel, à la restriction de garantie et à
la limitation à un usage par des utilisateurs expérimentés a été mis à
disposition du Licencié préalablement à son acceptation telle que
définie à l'article 3.1 ci dessus et le Licencié reconnaît en avoir pris
connaissance.
Article 4 - ENTREE EN VIGUEUR ET DUREE
4.1 ENTREE EN VIGUEUR
Le Contrat entre en vigueur à la date de son acceptation par le Licencié
telle que définie en 3.1.
4.2 DUREE
Le Contrat produira ses effets pendant toute la durée légale de
protection des droits patrimoniaux portant sur le Logiciel.
Article 5 - ETENDUE DES DROITS CONCEDES
Le Concédant concède au Licencié, qui accepte, les droits suivants sur
le Logiciel pour toutes destinations et pour la durée du Contrat dans
les conditions ci-après détaillées.
Par ailleurs, si le Concédant détient ou venait à détenir un ou
plusieurs brevets d'invention protégeant tout ou partie des
fonctionnalités du Logiciel ou de ses composants, il s'engage à ne pas
opposer les éventuels droits conférés par ces brevets aux Licenciés
successifs qui utiliseraient, exploiteraient ou modifieraient le
Logiciel. En cas de cession de ces brevets, le Concédant s'engage à
faire reprendre les obligations du présent alinéa aux cessionnaires.
5.1 DROIT D'UTILISATION
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant
aux domaines d'application, étant ci-après précisé que cela comporte:
1. la reproduction permanente ou provisoire du Logiciel en tout ou
partie par tout moyen et sous toute forme.
2. le chargement, l'affichage, l'exécution, ou le stockage du
Logiciel sur tout support.
3. la possibilité d'en observer, d'en étudier, ou d'en tester le
fonctionnement afin de déterminer les idées et principes qui sont
à la base de n'importe quel élément de ce Logiciel; et ceci,
lorsque le Licencié effectue toute opération de chargement,
d'affichage, d'exécution, de transmission ou de stockage du
Logiciel qu'il est en droit d'effectuer en vertu du Contrat.
5.2 DROIT DE MODIFICATION
Le droit de modification comporte le droit de traduire, d'adapter,
d'arranger ou d'apporter toute autre modification au Logiciel et le
droit de reproduire le logiciel en résultant. Il comprend en particulier
le droit de créer un Logiciel Dérivé.
Le Licencié est autorisé à apporter toute modification au Logiciel sous
réserve de mentionner, de façon explicite, son nom en tant qu'auteur de
cette modification et la date de création de celle-ci.
5.3 DROIT DE DISTRIBUTION
Le droit de distribution comporte notamment le droit de diffuser, de
transmettre et de communiquer le Logiciel au public sur tout support et
par tout moyen ainsi que le droit de mettre sur le marché à titre
onéreux ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à distribuer des copies du Logiciel, modifié ou
non, à des tiers dans les conditions ci-après détaillées.
5.3.1 DISTRIBUTION DU LOGICIEL SANS MODIFICATION
Le Licencié est autorisé à distribuer des copies conformes du Logiciel,
sous forme de Code Source ou de Code Objet, à condition que cette
distribution respecte les dispositions du Contrat dans leur totalité et
soit accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
et 9,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué,
le Licencié permette un accès effectif au Code Source complet du
Logiciel pendant au moins toute la durée de sa distribution du Logiciel,
étant entendu que le coût additionnel d'acquisition du Code Source ne
devra pas excéder le simple coût de transfert des données.
5.3.2 DISTRIBUTION DU LOGICIEL MODIFIE
Lorsque le Licencié apporte une Contribution Intégrée au Logiciel, les
conditions de distribution du Logiciel Modifié en résultant sont alors
soumises à l'intégralité des dispositions du Contrat.
Le Licencié est autorisé à distribuer le Logiciel Modifié sous forme de
code source ou de code objet, à condition que cette distribution
respecte les dispositions du Contrat dans leur totalité et soit
accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de
responsabilité du Concédant telle que prévue aux articles 8
et 9,
et que, dans le cas où seul le code objet du Logiciel Modifié est
redistribué, le Licencié permette un accès effectif à son code source
complet pendant au moins toute la durée de sa distribution du Logiciel
Modifié, étant entendu que le coût additionnel d'acquisition du code
source ne devra pas excéder le simple coût de transfert des données.
5.3.3 DISTRIBUTION DU LOGICIEL DERIVE
Lorsque le Licencié crée un Logiciel Dérivé, ce Logiciel Dérivé peut
être distribué sous un contrat de licence autre que le présent Contrat à
condition de respecter les obligations de mention des droits sur le
Logiciel telles que définies à l'article 6.4. Dans le cas où la création du
Logiciel Dérivé a nécessité une modification du Code Source le licencié
s'engage à ce que:
1. le Logiciel Modifié correspondant à cette modification soit régi
par le présent Contrat,
2. les Contributions Intégrées dont le Logiciel Modifié résulte
soient clairement identifiées et documentées,
3. le Licencié permette un accès effectif au code source du Logiciel
Modifié, pendant au moins toute la durée de la distribution du
Logiciel Dérivé, de telle sorte que ces modifications puissent
être reprises dans une version ultérieure du Logiciel, étant
entendu que le coût additionnel d'acquisition du code source du
Logiciel Modifié ne devra pas excéder le simple coût du transfert
des données.
5.3.4 COMPATIBILITE AVEC LA LICENCE CeCILL
Lorsqu'un Logiciel Modifié contient une Contribution Intégrée soumise au
contrat de licence CeCILL, ou lorsqu'un Logiciel Dérivé contient un
Module Lié soumis au contrat de licence CeCILL, les stipulations prévues
au troisième item de l'article 6.4 sont facultatives.
Article 6 - PROPRIETE INTELLECTUELLE
6.1 SUR LE LOGICIEL INITIAL
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel
Initial. Toute utilisation du Logiciel Initial est soumise au respect
des conditions dans lesquelles le Titulaire a choisi de diffuser son
oeuvre et nul autre n'a la faculté de modifier les conditions de
diffusion de ce Logiciel Initial.
Le Titulaire s'engage à ce que le Logiciel Initial reste au moins régi
par le Contrat et ce, pour la durée visée à l'article 4.2.
6.2 SUR LES CONTRIBUTIONS INTEGREES
Le Licencié qui a développé une Contribution Intégrée est titulaire sur
celle-ci des droits de propriété intellectuelle dans les conditions
définies par la législation applicable.
6.3 SUR LES MODULES LIES
Le Licencié qui a développé un Module Lié est titulaire sur celui-ci des
droits de propriété intellectuelle dans les conditions définies par la
législation applicable et reste libre du choix du contrat régissant sa
diffusion dans les conditions définies à l'article 5.3.3.
6.4 MENTIONS DES DROITS
Le Licencié s'engage expressément:
1. à ne pas supprimer ou modifier de quelque manière que ce soit les
mentions de propriété intellectuelle apposées sur le Logiciel;
2. à reproduire à l'identique lesdites mentions de propriété
intellectuelle sur les copies du Logiciel modifié ou non;
3. à faire en sorte que l'utilisation du Logiciel, ses mentions de
propriété intellectuelle et le fait qu'il est régi par le Contrat
soient indiqués dans un texte facilement accessible notamment
depuis l'interface de tout Logiciel Dérivé.
Le Licencié s'engage à ne pas porter atteinte, directement ou
indirectement, aux droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs sur le Logiciel et à prendre, le cas échéant, à
l'égard de son personnel toutes les mesures nécessaires pour assurer le
respect des dits droits de propriété intellectuelle du Titulaire et/ou
des Contributeurs.
Article 7 - SERVICES ASSOCIES
7.1 Le Contrat n'oblige en aucun cas le Concédant à la réalisation de
prestations d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les
termes et conditions d'une telle assistance technique et/ou d'une telle
maintenance seront alors déterminés dans un acte séparé. Ces actes de
maintenance et/ou assistance technique n'engageront que la seule
responsabilité du Concédant qui les propose.
7.2 De même, tout Concédant est libre de proposer, sous sa seule
responsabilité, à ses licenciés une garantie, qui n'engagera que lui,
lors de la redistribution du Logiciel et/ou du Logiciel Modifié et ce,
dans les conditions qu'il souhaite. Cette garantie et les modalités
financières de son application feront l'objet d'un acte séparé entre le
Concédant et le Licencié.
Article 8 - RESPONSABILITE
8.1 Sous réserve des dispositions de l'article 8.2, le Licencié a la
faculté, sous réserve de prouver la faute du Concédant concerné, de
solliciter la réparation du préjudice direct qu'il subirait du fait du
Logiciel et dont il apportera la preuve.
8.2 La responsabilité du Concédant est limitée aux engagements pris en
application du Contrat et ne saurait être engagée en raison notamment:
(i) des dommages dus à l'inexécution, totale ou partielle, de ses
obligations par le Licencié, (ii) des dommages directs ou indirects
découlant de l'utilisation ou des performances du Logiciel subis par le
Licencié et (iii) plus généralement d'un quelconque dommage indirect. En
particulier, les Parties conviennent expressément que tout préjudice
financier ou commercial (par exemple perte de données, perte de
bénéfices, perte d'exploitation, perte de clientèle ou de commandes,
manque à gagner, trouble commercial quelconque) ou toute action dirigée
contre le Licencié par un tiers, constitue un dommage indirect et
n'ouvre pas droit à réparation par le Concédant.
Article 9 - GARANTIE
9.1 Le Licencié reconnaît que l'état actuel des connaissances
scientifiques et techniques au moment de la mise en circulation du
Logiciel ne permet pas d'en tester et d'en vérifier toutes les
utilisations ni de détecter l'existence d'éventuels défauts. L'attention
du Licencié a été attirée sur ce point sur les risques associés au
chargement, à l'utilisation, la modification et/ou au développement et à
la reproduction du Logiciel qui sont réservés à des utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous
moyens, l'adéquation du produit à ses besoins, son bon fonctionnement et
de s'assurer qu'il ne causera pas de dommages aux personnes et aux biens.
9.2 Le Concédant déclare de bonne foi être en droit de concéder
l'ensemble des droits attachés au Logiciel (comprenant notamment les
droits visés à l'article 5).
9.3 Le Licencié reconnaît que le Logiciel est fourni "en l'état" par le
Concédant sans autre garantie, expresse ou tacite, que celle prévue à
l'article 9.2 et notamment sans aucune garantie sur sa valeur commerciale,
son caractère sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt
d'erreur, qu'il fonctionnera sans interruption, qu'il sera compatible
avec l'équipement du Licencié et sa configuration logicielle ni qu'il
remplira les besoins du Licencié.
9.4 Le Concédant ne garantit pas, de manière expresse ou tacite, que le
Logiciel ne porte pas atteinte à un quelconque droit de propriété
intellectuelle d'un tiers portant sur un brevet, un logiciel ou sur tout
autre droit de propriété. Ainsi, le Concédant exclut toute garantie au
profit du Licencié contre les actions en contrefaçon qui pourraient être
diligentées au titre de l'utilisation, de la modification, et de la
redistribution du Logiciel. Néanmoins, si de telles actions sont
exercées contre le Licencié, le Concédant lui apportera son aide
technique et juridique pour sa défense. Cette aide technique et
juridique est déterminée au cas par cas entre le Concédant concerné et
le Licencié dans le cadre d'un protocole d'accord. Le Concédant dégage
toute responsabilité quant à l'utilisation de la dénomination du
Logiciel par le Licencié. Aucune garantie n'est apportée quant à
l'existence de droits antérieurs sur le nom du Logiciel et sur
l'existence d'une marque.
Article 10 - RESILIATION
10.1 En cas de manquement par le Licencié aux obligations mises à sa
charge par le Contrat, le Concédant pourra résilier de plein droit le
Contrat trente (30) jours après notification adressée au Licencié et
restée sans effet.
10.2 Le Licencié dont le Contrat est résilié n'est plus autorisé à
utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les
licences qu'il aura concédées antérieurement à la résiliation du Contrat
resteront valides sous réserve qu'elles aient été effectuées en
conformité avec le Contrat.
Article 11 - DISPOSITIONS DIVERSES
11.1 CAUSE EXTERIEURE
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance
d'exécution du Contrat qui serait dû à un cas de force majeure, un cas
fortuit ou une cause extérieure, telle que, notamment, le mauvais
fonctionnement ou les interruptions du réseau électrique ou de
télécommunication, la paralysie du réseau liée à une attaque
informatique, l'intervention des autorités gouvernementales, les
catastrophes naturelles, les dégâts des eaux, les tremblements de terre,
le feu, les explosions, les grèves et les conflits sociaux, l'état de
guerre...
11.2 Le fait, par l'une ou l'autre des Parties, d'omettre en une ou
plusieurs occasions de se prévaloir d'une ou plusieurs dispositions du
Contrat, ne pourra en aucun cas impliquer renonciation par la Partie
intéressée à s'en prévaloir ultérieurement.
11.3 Le Contrat annule et remplace toute convention antérieure, écrite
ou orale, entre les Parties sur le même objet et constitue l'accord
entier entre les Parties sur cet objet. Aucune addition ou modification
aux termes du Contrat n'aura d'effet à l'égard des Parties à moins
d'être faite par écrit et signée par leurs représentants dûment habilités.
11.4 Dans l'hypothèse où une ou plusieurs des dispositions du Contrat
s'avèrerait contraire à une loi ou à un texte applicable, existants ou
futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les
amendements nécessaires pour se conformer à cette loi ou à ce texte.
Toutes les autres dispositions resteront en vigueur. De même, la
nullité, pour quelque raison que ce soit, d'une des dispositions du
Contrat ne saurait entraîner la nullité de l'ensemble du Contrat.
11.5 LANGUE
Le Contrat est rédigé en langue française et en langue anglaise, ces
deux versions faisant également foi.
Article 12 - NOUVELLES VERSIONS DU CONTRAT
12.1 Toute personne est autorisée à copier et distribuer des copies de
ce Contrat.
12.2 Afin d'en préserver la cohérence, le texte du Contrat est protégé
et ne peut être modifié que par les auteurs de la licence, lesquels se
réservent le droit de publier périodiquement des mises à jour ou de
nouvelles versions du Contrat, qui posséderont chacune un numéro
distinct. Ces versions ultérieures seront susceptibles de prendre en
compte de nouvelles problématiques rencontrées par les logiciels libres.
12.3 Tout Logiciel diffusé sous une version donnée du Contrat ne pourra
faire l'objet d'une diffusion ultérieure que sous la même version du
Contrat ou une version postérieure.
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
13.1 Le Contrat est régi par la loi française. Les Parties conviennent
de tenter de régler à l'amiable les différends ou litiges qui
viendraient à se produire par suite ou à l'occasion du Contrat.
13.2 A défaut d'accord amiable dans un délai de deux (2) mois à compter
de leur survenance et sauf situation relevant d'une procédure d'urgence,
les différends ou litiges seront portés par la Partie la plus diligente
devant les Tribunaux compétents de Paris.
Version 1.0 du 2006-09-05.
This product includes computer software created and made available by CERN. This acknowledgment shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof.
CERN OHL v1.1
2011-07-08 - CERN, Geneva, Switzerland
CERN Open Hardware Licence v1.1
Preamble
Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization wishes to disseminate its hardware designs (as published on http://www.ohwr.org/) as widely as possible, and generally to foster collaboration among public research hardware designers. The CERN OHL is copyright of CERN. Anyone is welcome to use the CERN OHL, in unmodified form only, for the distribution of his own Open Hardware designs. Any other right is reserved.
1. Definitions
In this Licence, the following terms have the following meanings:
"Licence" means this CERN OHL.
"Documentation" means schematic diagrams, designs, circuit or circuit board layouts, mechanical drawings, flow charts and descriptive text, and other explanatory material that is explicitly stated as being made available under the conditions of this Licence. The Documentation may be in any medium, including but not limited to computer files and representations on paper, film, or any other media.
"Product" means either an entire, or any part of a, device built using the Documentation or the modified Documentation.
"Licensee" means any natural or legal person exercising rights under this Licence.
"Licensor" means any natural or legal person that creates or modifies Documentation and subsequently communicates to the public and/ or distributes the resulting Documentation under the terms and conditions of this Licence.
A Licensee may at the same time be a Licensor, and vice versa.
2. Applicability
2.1 This Licence governs the use, copying, modification, communication to the public and distribution of the Documentation, and the manufacture and distribution of Products. By exercising any right granted under this Licence, the Licensee irrevocably accepts these terms and conditions.
2.2 This Licence is granted by the Licensor directly to the Licensee, and shall apply worldwide and without limitation in time. The Licensee may assign his licence rights or grant sub-licences.
2.3 This Licence does not apply to software, firmware, or code loaded into programmable devices which may be used in conjunction with the Documentation, the modified Documentation or with Products. The use of such software, firmware, or code is subject to the applicable licence terms and conditions.
3. Copying, modification, communication to the public and distribution of the Documentation
3.1 The Licensee shall keep intact all copyright and trademarks notices and all notices that refer to this Licence and to the disclaimer of warranties that is included in the Documentation. He shall include a copy thereof in every copy of the documentation or, as the case may be, modified Documentation, that he communicates to the public or distributes.
3.2 The Licensee may use, copy, communicate to the public and distribute verbatim copies of the Documentation, in any medium, subject to the requirements specified in section 3.1.
3.3 The Licensee may modify the Documentation or any portion thereof. The Licensee may communicate to the public and distribute the modified Documentation (thereby in addition to being a Licensee also becoming a Licensor), always provided that he shall:
a. comply with section 3.1;
b. cause the modified Documentation to carry prominent notices stating that the Licensee has modified the Documentation, with the date and details of the modifications;
c. license the modified Documentation under the terms and conditions of this Licence or, where applicable, a later version of this Licence as may be issued by CERN; and
d. send a copy of the modified Documentation to all Licensors that contributed to the parts of the Documentation that were modified, as well as to any other Licensor who has requested to receive a copy of the modified Documentation and has provided a means of contact with the Documentation.
3.4 The Licence includes a licence to those patents or registered designs that are held by the Licensor, to the extent necessary to make use of the rights granted under this Licence. The scope of this section 3.4 shall be strictly limited to the parts of the Documentation or modified Documentation created by the Licensor.
4. Manufacture and distribution of Products
4.1 The Licensee may manufacture or distribute Products always provided that the Licensee distributes to each recipient of such Products a copy of the Documentation or modified Documentation, as applicable, and complies with section 3.
4.2 The Licensee is invited to inform in writing any Licensor who has indicated its wish to receive this information about the type, quantity and dates of production of Products the Licensee has (had) manufactured.
5. Warranty and liability
5.1 DISCLAIMER – The Documentation and any modified Documentation are provided "as is" and any express or implied warranties, including, but not limited to, implied warranties of merchantability, of satisfactory quality, and fitness for a particular purpose or use are disclaimed in respect of the Documentation, the modified Documentation or any Product. The Licensor makes no representation that the Documentation, modified Documentation, or any Product, does or will not infringe any patent, copyright, trade secret or other proprietary right. The entire risk as to the use, quality, and performance of a Product shall be with the Licensee and not the Licensor. This disclaimer of warranty is an essential part of this Licence and a condition for the grant of any rights granted under this Licence. The Licensee warrants that it does not act in a consumer capacity.
5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for direct, indirect, special, incidental, consequential, exemplary, punitive or other damages of any character including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, however caused and on any theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Documentation, modified Documentation and/or the use, manufacture or distribution of a Product, even if advised of the possibility of such damages, and the Licensee shall hold the Licensor(s) free and harmless from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.
6. General
6.1 The rights granted under this Licence do not imply or represent any transfer or assignment of intellectual property rights to the Licensee.
6.2 The Licensee shall not use or make reference to any of the names, acronyms, images or logos under which the Licensor is known, save in so far as required to comply with section 3. Any such permitted use or reference shall be factual and shall in no event suggest any kind of endorsement by the Licensor or its personnel of the modified Documentation or any Product, or any kind of implication by the Licensor or its personnel in the preparation of the modified Documentation or Product.
6.3 CERN may publish updated versions of this Licence which retain the same general provisions as this version, but differ in detail so far this is required and reasonable. New versions will be published with a unique version number.
6.4 This Licence shall terminate with immediate effect, upon written notice and without involvement of a court if the Licensee fails to comply with any of its terms and conditions, or if the Licensee initiates legal action against Licensor in relation to this Licence. Section 5 shall continue to apply.
6.5 Except as may be otherwise agreed with the Intergovernmental Organization, any dispute with respect to this Licence involving an Intergovernmental Organization shall, by virtue of the latter's Intergovernmental status, be settled by international arbitration. The arbitration proceedings shall be held at the place where the Intergovernmental Organization has its seat. The arbitral award shall be final and binding upon the parties, who hereby expressly agree to renounce any form of appeal or revision.
CERN OHL v1.2
2013-09-06 - CERN, Geneva, Switzerland
CERN Open Hardware Licence v1.2
Preamble
Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN wishes to provide a tool to foster collaboration and sharing among hardware designers. The CERN OHL is copyright CERN. Anyone is welcome to use the CERN OHL, in unmodified form only, for the distribution of their own Open Hardware designs. Any other right is reserved. Release of hardware designs under the CERN OHL does not constitute an endorsement of the licensor or its designs nor does it imply any involvement by CERN in the development of such designs.
1. Definitions
In this Licence, the following terms have the following meanings:
"Licence" means this CERN OHL.
"Documentation" means schematic diagrams, designs, circuit or circuit board layouts, mechanical drawings, flow charts and descriptive text, and other explanatory material that is explicitly stated as being made available under the conditions of this Licence. The Documentation may be in any medium, including but not limited to computer files and representations on paper, film, or any other media.
"Documentation Location" means a location where the Licensor has placed Documentation, and which he believes will be publicly accessible for at least three years from the first communication to the public or distribution of Documentation.
"Product" means either an entire, or any part of a, device built using the Documentation or the modified Documentation.
"Licensee" means any natural or legal person exercising rights under this Licence.
"Licensor" means any natural or legal person that creates or modifies Documentation and subsequently communicates to the public and/ or distributes the resulting Documentation under the terms and conditions of this Licence.
A Licensee may at the same time be a Licensor, and vice versa.
Use of the masculine gender includes the feminine and neuter genders and is employed solely to facilitate reading.
2. Applicability
2.1. This Licence governs the use, copying, modification, communication to the public and distribution of the Documentation, and the manufacture and distribution of Products. By exercising any right granted under this Licence, the Licensee irrevocably accepts these terms and conditions.
2.2. This Licence is granted by the Licensor directly to the Licensee, and shall apply worldwide and without limitation in time. The Licensee may assign his licence rights or grant sub-licences.
2.3. This Licence does not extend to software, firmware, or code loaded into programmable devices which may be used in conjunction with the Documentation, the modified Documentation or with Products, unless such software, firmware, or code is explicitly expressed to be subject to this Licence. The use of such software, firmware, or code is otherwise subject to the applicable licence terms and conditions.
3. Copying, modification, communication to the public and distribution of the Documentation
3.1. The Licensee shall keep intact all copyright and trademarks notices, all notices referring to Documentation Location, and all notices that refer to this Licence and to the disclaimer of warranties that are included in the Documentation. He shall include a copy thereof in every copy of the Documentation or, as the case may be, modified Documentation, that he communicates to the public or distributes.
3.2. The Licensee may copy, communicate to the public and distribute verbatim copies of the Documentation, in any medium, subject to the requirements specified in section 3.1.
3.3. The Licensee may modify the Documentation or any portion thereof provided that upon modification of the Documentation, the Licensee shall make the modified Documentation available from a Documentation Location such that it can be easily located by an original Licensor once the Licensee communicates to the public or distributes the modified Documentation under section 3.4, and, where required by section 4.1, by a recipient of a Product. However, the Licensor shall not assert his rights under the foregoing proviso unless or until a Product is distributed.
3.4. The Licensee may communicate to the public and distribute the modified Documentation (thereby in addition to being a Licensee also becoming a Licensor), always provided that he shall:
a) comply with section 3.1;
b) cause the modified Documentation to carry prominent notices stating that the Licensee has modified the Documentation, with the date and description of the modifications;
c) cause the modified Documentation to carry a new Documentation Location notice if the original Documentation provided for one;
d) make available the modified Documentation at the same level of abstraction as that of the Documentation, in the preferred format for making modifications to it (e.g. the native format of the CAD tool as applicable), and in the event that format is proprietary, in a format viewable with a tool licensed under an OSI-approved license if the proprietary tool can create it; and
e) license the modified Documentation under the terms and conditions of this Licence or, where applicable, a later version of this Licence as may be issued by CERN.
3.5. The Licence includes a non-exclusive licence to those patents or registered designs that are held by, under the control of, or sub-licensable by the Licensor, to the extent necessary to make use of the rights granted under this Licence. The scope of this section 3.5 shall be strictly limited to the parts of the Documentation or modified Documentation created by the Licensor.
4. Manufacture and distribution of Products
4.1. The Licensee may manufacture or distribute Products always provided that, where such manufacture or distribution requires a licence under this Licence the Licensee provides to each recipient of such Products an easy means of accessing a copy of the Documentation or modified Documentation, as applicable, as set out in section 3.
4.2. The Licensee is invited to inform any Licensor who has indicated his wish to receive this information about the type, quantity and dates of production of Products the Licensee has (had) manufactured
5. Warranty and liability
5.1. DISCLAIMER – The Documentation and any modified Documentation are provided "as is" and any express or implied warranties, including, but not limited to, implied warranties of merchantability, of satisfactory quality, non-infringement of third party rights, and fitness for a particular purpose or use are disclaimed in respect of the Documentation, the modified Documentation or any Product. The Licensor makes no representation that the Documentation, modified Documentation, or any Product, does or will not infringe any patent, copyright, trade secret or other proprietary right. The entire risk as to the use, quality, and performance of a Product shall be with the Licensee and not the Licensor. This disclaimer of warranty is an essential part of this Licence and a condition for the grant of any rights granted under this Licence. The Licensee warrants that it does not act in a consumer capacity.
5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability for direct, indirect, special, incidental, consequential, exemplary, punitive or other damages of any character including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, however caused and on any theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Documentation, modified Documentation and/or the use, manufacture or distribution of a Product, even if advised of the possibility of such damages, and the Licensee shall hold the Licensor(s) free and harmless from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.
6. General
6.1. Except for the rights explicitly granted hereunder, this Licence does not imply or represent any transfer or assignment of intellectual property rights to the Licensee.
6.2. The Licensee shall not use or make reference to any of the names (including acronyms and abbreviations), images, or logos under which the Licensor is known, save in so far as required to comply with section 3. Any such permitted use or reference shall be factual and shall in no event suggest any kind of endorsement by the Licensor or its personnel of the modified Documentation or any Product, or any kind of implication by the Licensor or its personnel in the preparation of the modified Documentation or Product.
6.3. CERN may publish updated versions of this Licence which retain the same general provisions as this version, but differ in detail so far this is required and reasonable. New versions will be published with a unique version number.
6.4. This Licence shall terminate with immediate effect, upon written notice and without involvement of a court if the Licensee fails to comply with any of its terms and conditions, or if the Licensee initiates legal action against Licensor in relation to this Licence. Section 5 shall continue to apply.
CERN Open Hardware Licence Version 2 - Permissive
Preamble
CERN has developed this licence to promote collaboration among
hardware designers and to provide a legal tool which supports the
freedom to use, study, modify, share and distribute hardware designs
and products based on those designs. Version 2 of the CERN Open
Hardware Licence comes in three variants: this licence, CERN-OHL-P
(permissive); and two reciprocal licences: CERN- OHL-W (weakly
reciprocal) and CERN-OHL-S (strongly reciprocal).
The CERN-OHL-P is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any
Licensor or their designs nor does it imply any involvement by CERN in
their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-P.
1.2 'Source' means information such as design materials or digital
code which can be applied to Make or test a Product or to
prepare a Product for use, Conveyance or sale, regardless of its
medium or how it is expressed. It may include Notices.
1.3 'Covered Source' means Source that is explicitly made available
under this Licence.
1.4 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.5 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.6 'Notice' means copyright, acknowledgement and trademark notices,
references to the location of any Notices, modification notices
(subsection 3.3(b)) and all notices that refer to this Licence
and to the disclaimer of warranties that are included in the
Covered Source.
1.7 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.8 'Licensor' means a person who creates Source or modifies Covered
Source and subsequently Conveys the resulting Covered Source
under the terms and conditions of this Licence. A person may be
a Licensee and a Licensor at the same time.
1.9 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
3 Copying, modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices.
You may only delete Notices if they are no longer applicable to
the corresponding Covered Source as modified by You and You may
add additional Notices applicable to Your modifications.
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2; and
b) add a Notice to the modified Covered Source stating that You
have modified it, with the date and brief description of how
You have modified it.
3.4 You may Convey Covered Source or modified Covered Source under
licence terms which differ from the terms of this Licence
provided that:
a) You comply at all times with subsection 3.3; and
b) You provide a copy of this Licence to anyone to whom You
Convey Covered Source or modified Covered Source.
4 Making and Conveying Products
You may Make Products, and/or Convey them, provided that You ensure
that the recipient of the Product has access to any Notices applicable
to the Product.
5 DISCLAIMER AND LIABILITY
5.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' and any express or implied warranties,
including, but not limited to, implied warranties of
merchantability, of satisfactory quality, non-infringement of
third party rights, and fitness for a particular purpose or use
are disclaimed in respect of any Source or Product to the
maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not
infringe any patent, copyright, trade secret or other
proprietary right. The entire risk as to the use, quality, and
performance of any Source or Product shall be with You and not
the Licensor. This disclaimer of warranty is an essential part
of this Licence and a condition for the grant of any rights
granted under this Licence.
5.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
the maximum extent permitted by law, have no liability for
direct, indirect, special, incidental, consequential, exemplary,
punitive or other damages of any character including, without
limitation, procurement of substitute goods or services, loss of
use, data or profits, or business interruption, however caused
and on any theory of contract, warranty, tort (including
negligence), product liability or otherwise, arising in any way
in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of
the possibility of such damages, and You shall hold the
Licensor(s) free and harmless from any liability, costs,
damages, fees and expenses, including claims by third parties,
in relation to such use.
6 Patents
6.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in this section 6, or where terminated by the Licensor
for cause) patent license to Make, have Made, use, offer to
sell, sell, import, and otherwise transfer the Covered Source
and Products, where such licence applies only to those patent
claims licensable by such Licensor that are necessarily
infringed by exercising rights under the Covered Source as
Conveyed by that Licensor.
6.2 If You institute patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the
Covered Source or a Product constitutes direct or contributory
patent infringement, or You seek any declaration that a patent
licensed to You under this Licence is invalid or unenforceable
then any rights granted to You under this Licence shall
terminate as of the date such process is initiated.
7 General
7.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
7.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is
known, except where needed to comply with section 3, or where
the use is otherwise allowed by law. Any such permitted use
shall be factual and shall not be made so as to suggest any kind
of endorsement or implication of involvement by the Licensor or
its personnel.
7.3 CERN may publish updated versions and variants of this Licence
which it considers to be in the spirit of this version, but may
differ in detail to address new problems or concerns. New
versions will be published with a unique version number and a
variant identifier specifying the variant. If the Licensor has
specified that a given variant applies to the Covered Source
without specifying a version, You may treat that Covered Source
as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be
treated as being released under CERN-OHL-S. The Licensor may
also specify that the Covered Source is subject to a specific
version of the CERN-OHL or any later version in which case You
may apply this or any later version of CERN-OHL with the same
variant identifier published by CERN.
7.4 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.
CERN Open Hardware Licence Version 2 - Strongly Reciprocal
Preamble
CERN has developed this licence to promote collaboration among
hardware designers and to provide a legal tool which supports the
freedom to use, study, modify, share and distribute hardware designs
and products based on those designs. Version 2 of the CERN Open
Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
two reciprocal licences: CERN-OHL-W (weakly reciprocal) and this
licence, CERN-OHL-S (strongly reciprocal).
The CERN-OHL-S is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any
Licensor or their designs nor does it imply any involvement by CERN in
their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-S.
1.2 'Compatible Licence' means
a) any earlier version of the CERN Open Hardware licence, or
b) any version of the CERN-OHL-S, or
c) any licence which permits You to treat the Source to which
it applies as licensed under CERN-OHL-S provided that on
Conveyance of any such Source, or any associated Product You
treat the Source in question as being licensed under
CERN-OHL-S.
1.3 'Source' means information such as design materials or digital
code which can be applied to Make or test a Product or to
prepare a Product for use, Conveyance or sale, regardless of its
medium or how it is expressed. It may include Notices.
1.4 'Covered Source' means Source that is explicitly made available
under this Licence.
1.5 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.6 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.7 'Available Component' means any part, sub-assembly, library or
code which:
a) is licensed to You as Complete Source under a Compatible
Licence; or
b) is available, at the time a Product or the Source containing
it is first Conveyed, to You and any other prospective
licensees
i) as a physical part with sufficient rights and
information (including any configuration and
programming files and information about its
characteristics and interfaces) to enable it either to
be Made itself, or to be sourced and used to Make the
Product; or
ii) as part of the normal distribution of a tool used to
design or Make the Product.
1.8 'Complete Source' means the set of all Source necessary to Make
a Product, in the preferred form for making modifications,
including necessary installation and interfacing information
both for the Product, and for any included Available Components.
If the format is proprietary, it must also be made available in
a format (if the proprietary tool can create it) which is
viewable with a tool available to potential licensees and
licensed under a licence approved by the Free Software
Foundation or the Open Source Initiative. Complete Source need
not include the Source of any Available Component, provided that
You include in the Complete Source sufficient information to
enable a recipient to Make or source and use the Available
Component to Make the Product.
1.9 'Source Location' means a location where a Licensor has placed
Covered Source, and which that Licensor reasonably believes will
remain easily accessible for at least three years for anyone to
obtain a digital copy.
1.10 'Notice' means copyright, acknowledgement and trademark notices,
Source Location references, modification notices (subsection
3.3(b)) and all notices that refer to this Licence and to the
disclaimer of warranties that are included in the Covered
Source.
1.11 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.12 'Licensor' means a natural or legal person who creates or
modifies Covered Source. A person may be a Licensee and a
Licensor at the same time.
1.13 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
3 Copying, modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices, provided that
You irrevocably undertake to make that modified Covered Source
available from a Source Location should You Convey a Product in
circumstances where the recipient does not otherwise receive a
copy of the modified Covered Source. In each case subsection 3.3
shall apply.
You may only delete Notices if they are no longer applicable to
the corresponding Covered Source as modified by You and You may
add additional Notices applicable to Your modifications.
Including Covered Source in a larger work is modifying the
Covered Source, and the larger work becomes modified Covered
Source.
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2;
b) add a Notice to the modified Covered Source stating that You
have modified it, with the date and brief description of how
You have modified it;
c) add a Source Location Notice for the modified Covered Source
if You Convey in circumstances where the recipient does not
otherwise receive a copy of the modified Covered Source; and
d) license the modified Covered Source under the terms and
conditions of this Licence (or, as set out in subsection
8.3, a later version, if permitted by the licence of the
original Covered Source). Such modified Covered Source must
be licensed as a whole, but excluding Available Components
contained in it, which remain licensed under their own
applicable licences.
4 Making and Conveying Products
You may Make Products, and/or Convey them, provided that You either
provide each recipient with a copy of the Complete Source or ensure
that each recipient is notified of the Source Location of the Complete
Source. That Complete Source is Covered Source, and You must
accordingly satisfy Your obligations set out in subsection 3.3. If
specified in a Notice, the Product must visibly and securely display
the Source Location on it or its packaging or documentation in the
manner specified in that Notice.
5 Research and Development
You may Convey Covered Source, modified Covered Source or Products to
a legal entity carrying out development, testing or quality assurance
work on Your behalf provided that the work is performed on terms which
prevent the entity from both using the Source or Products for its own
internal purposes and Conveying the Source or Products or any
modifications to them to any person other than You. Any modifications
made by the entity shall be deemed to be made by You pursuant to
subsection 3.2.
6 DISCLAIMER AND LIABILITY
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' and any express or implied warranties,
including, but not limited to, implied warranties of
merchantability, of satisfactory quality, non-infringement of
third party rights, and fitness for a particular purpose or use
are disclaimed in respect of any Source or Product to the
maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not
infringe any patent, copyright, trade secret or other
proprietary right. The entire risk as to the use, quality, and
performance of any Source or Product shall be with You and not
the Licensor. This disclaimer of warranty is an essential part
of this Licence and a condition for the grant of any rights
granted under this Licence.
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
the maximum extent permitted by law, have no liability for
direct, indirect, special, incidental, consequential, exemplary,
punitive or other damages of any character including, without
limitation, procurement of substitute goods or services, loss of
use, data or profits, or business interruption, however caused
and on any theory of contract, warranty, tort (including
negligence), product liability or otherwise, arising in any way
in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of
the possibility of such damages, and You shall hold the
Licensor(s) free and harmless from any liability, costs,
damages, fees and expenses, including claims by third parties,
in relation to such use.
7 Patents
7.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in subsections 7.2 and 8.4) patent license to Make, have
Made, use, offer to sell, sell, import, and otherwise transfer
the Covered Source and Products, where such licence applies only
to those patent claims licensable by such Licensor that are
necessarily infringed by exercising rights under the Covered
Source as Conveyed by that Licensor.
7.2 If You institute patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the
Covered Source or a Product constitutes direct or contributory
patent infringement, or You seek any declaration that a patent
licensed to You under this Licence is invalid or unenforceable
then any rights granted to You under this Licence shall
terminate as of the date such process is initiated.
8 General
8.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
8.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is
known, except where needed to comply with section 3, or where
the use is otherwise allowed by law. Any such permitted use
shall be factual and shall not be made so as to suggest any kind
of endorsement or implication of involvement by the Licensor or
its personnel.
8.3 CERN may publish updated versions and variants of this Licence
which it considers to be in the spirit of this version, but may
differ in detail to address new problems or concerns. New
versions will be published with a unique version number and a
variant identifier specifying the variant. If the Licensor has
specified that a given variant applies to the Covered Source
without specifying a version, You may treat that Covered Source
as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be
treated as being released under CERN-OHL-S. The Licensor may
also specify that the Covered Source is subject to a specific
version of the CERN-OHL or any later version in which case You
may apply this or any later version of CERN-OHL with the same
variant identifier published by CERN.
8.4 This Licence shall terminate with immediate effect if You fail
to comply with any of its terms and conditions.
8.5 However, if You cease all breaches of this Licence, then Your
Licence from any Licensor is reinstated unless such Licensor has
terminated this Licence by giving You, while You remain in
breach, a notice specifying the breach and requiring You to cure
it within 30 days, and You have failed to come into compliance
in all material respects by the end of the 30 day period. Should
You repeat the breach after receipt of a cure notice and
subsequent reinstatement, this Licence will terminate
immediately and permanently. Section 6 shall continue to apply
after any termination.
8.6 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.
CERN Open Hardware Licence Version 2 - Weakly Reciprocal
Preamble
CERN has developed this licence to promote collaboration among
hardware designers and to provide a legal tool which supports the
freedom to use, study, modify, share and distribute hardware designs
and products based on those designs. Version 2 of the CERN Open
Hardware Licence comes in three variants: CERN-OHL-P (permissive); and
two reciprocal licences: this licence, CERN- OHL-W (weakly reciprocal)
and CERN-OHL-S (strongly reciprocal).
The CERN-OHL-W is copyright CERN 2020. Anyone is welcome to use it, in
unmodified form only.
Use of this Licence does not imply any endorsement by CERN of any
Licensor or their designs nor does it imply any involvement by CERN in
their development.
1 Definitions
1.1 'Licence' means this CERN-OHL-W.
1.2 'Compatible Licence' means
a) any earlier version of the CERN Open Hardware licence, or
b) any version of the CERN-OHL-S or the CERN-OHL-W, or
c) any licence which permits You to treat the Source to which
it applies as licensed under CERN-OHL-S or CERN-OHL-W
provided that on Conveyance of any such Source, or any
associated Product You treat the Source in question as being
licensed under CERN-OHL-S or CERN-OHL-W as appropriate.
1.3 'Source' means information such as design materials or digital
code which can be applied to Make or test a Product or to
prepare a Product for use, Conveyance or sale, regardless of its
medium or how it is expressed. It may include Notices.
1.4 'Covered Source' means Source that is explicitly made available
under this Licence.
1.5 'Product' means any device, component, work or physical object,
whether in finished or intermediate form, arising from the use,
application or processing of Covered Source.
1.6 'Make' means to create or configure something, whether by
manufacture, assembly, compiling, loading or applying Covered
Source or another Product or otherwise.
1.7 'Available Component' means any part, sub-assembly, library or
code which:
a) is licensed to You as Complete Source under a Compatible
Licence; or
b) is available, at the time a Product or the Source containing
it is first Conveyed, to You and any other prospective
licensees
i) with sufficient rights and information (including any
configuration and programming files and information
about its characteristics and interfaces) to enable it
either to be Made itself, or to be sourced and used to
Make the Product; or
ii) as part of the normal distribution of a tool used to
design or Make the Product.
1.8 'External Material' means anything (including Source) which:
a) is only combined with Covered Source in such a way that it
interfaces with the Covered Source using a documented
interface which is described in the Covered Source; and
b) is not a derivative of or contains Covered Source, or, if it
is, it is solely to the extent necessary to facilitate such
interfacing.
1.9 'Complete Source' means the set of all Source necessary to Make
a Product, in the preferred form for making modifications,
including necessary installation and interfacing information
both for the Product, and for any included Available Components.
If the format is proprietary, it must also be made available in
a format (if the proprietary tool can create it) which is
viewable with a tool available to potential licensees and
licensed under a licence approved by the Free Software
Foundation or the Open Source Initiative. Complete Source need
not include the Source of any Available Component, provided that
You include in the Complete Source sufficient information to
enable a recipient to Make or source and use the Available
Component to Make the Product.
1.10 'Source Location' means a location where a Licensor has placed
Covered Source, and which that Licensor reasonably believes will
remain easily accessible for at least three years for anyone to
obtain a digital copy.
1.11 'Notice' means copyright, acknowledgement and trademark notices,
Source Location references, modification notices (subsection
3.3(b)) and all notices that refer to this Licence and to the
disclaimer of warranties that are included in the Covered
Source.
1.12 'Licensee' or 'You' means any person exercising rights under
this Licence.
1.13 'Licensor' means a natural or legal person who creates or
modifies Covered Source. A person may be a Licensee and a
Licensor at the same time.
1.14 'Convey' means to communicate to the public or distribute.
2 Applicability
2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
2.2 This Licence is granted by the Licensor directly to You, and
shall apply worldwide and without limitation in time.
2.3 You shall not attempt to restrict by contract or otherwise the
rights granted under this Licence to other Licensees.
2.4 This Licence is not intended to restrict fair use, fair dealing,
or any other similar right.
3 Copying, modifying and Conveying Covered Source
3.1 You may copy and Convey verbatim copies of Covered Source, in
any medium, provided You retain all Notices.
3.2 You may modify Covered Source, other than Notices, provided that
You irrevocably undertake to make that modified Covered Source
available from a Source Location should You Convey a Product in
circumstances where the recipient does not otherwise receive a
copy of the modified Covered Source. In each case subsection 3.3
shall apply.
You may only delete Notices if they are no longer applicable to
the corresponding Covered Source as modified by You and You may
add additional Notices applicable to Your modifications.
3.3 You may Convey modified Covered Source (with the effect that You
shall also become a Licensor) provided that You:
a) retain Notices as required in subsection 3.2;
b) add a Notice to the modified Covered Source stating that You
have modified it, with the date and brief description of how
You have modified it;
c) add a Source Location Notice for the modified Covered Source
if You Convey in circumstances where the recipient does not
otherwise receive a copy of the modified Covered Source; and
d) license the modified Covered Source under the terms and
conditions of this Licence (or, as set out in subsection
8.3, a later version, if permitted by the licence of the
original Covered Source). Such modified Covered Source must
be licensed as a whole, but excluding Available Components
contained in it or External Material to which it is
interfaced, which remain licensed under their own applicable
licences.
4 Making and Conveying Products
4.1 You may Make Products, and/or Convey them, provided that You
either provide each recipient with a copy of the Complete Source
or ensure that each recipient is notified of the Source Location
of the Complete Source. That Complete Source includes Covered
Source and You must accordingly satisfy Your obligations set out
in subsection 3.3. If specified in a Notice, the Product must
visibly and securely display the Source Location on it or its
packaging or documentation in the manner specified in that
Notice.
4.2 Where You Convey a Product which incorporates External Material,
the Complete Source for that Product which You are required to
provide under subsection 4.1 need not include any Source for the
External Material.
4.3 You may license Products under terms of Your choice, provided
that such terms do not restrict or attempt to restrict any
recipients' rights under this Licence to the Covered Source.
5 Research and Development
You may Convey Covered Source, modified Covered Source or Products to
a legal entity carrying out development, testing or quality assurance
work on Your behalf provided that the work is performed on terms which
prevent the entity from both using the Source or Products for its own
internal purposes and Conveying the Source or Products or any
modifications to them to any person other than You. Any modifications
made by the entity shall be deemed to be made by You pursuant to
subsection 3.2.
6 DISCLAIMER AND LIABILITY
6.1 DISCLAIMER OF WARRANTY -- The Covered Source and any Products
are provided 'as is' and any express or implied warranties,
including, but not limited to, implied warranties of
merchantability, of satisfactory quality, non-infringement of
third party rights, and fitness for a particular purpose or use
are disclaimed in respect of any Source or Product to the
maximum extent permitted by law. The Licensor makes no
representation that any Source or Product does not or will not
infringe any patent, copyright, trade secret or other
proprietary right. The entire risk as to the use, quality, and
performance of any Source or Product shall be with You and not
the Licensor. This disclaimer of warranty is an essential part
of this Licence and a condition for the grant of any rights
granted under this Licence.
6.2 EXCLUSION AND LIMITATION OF LIABILITY -- The Licensor shall, to
the maximum extent permitted by law, have no liability for
direct, indirect, special, incidental, consequential, exemplary,
punitive or other damages of any character including, without
limitation, procurement of substitute goods or services, loss of
use, data or profits, or business interruption, however caused
and on any theory of contract, warranty, tort (including
negligence), product liability or otherwise, arising in any way
in relation to the Covered Source, modified Covered Source
and/or the Making or Conveyance of a Product, even if advised of
the possibility of such damages, and You shall hold the
Licensor(s) free and harmless from any liability, costs,
damages, fees and expenses, including claims by third parties,
in relation to such use.
7 Patents
7.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in subsections 7.2 and 8.4) patent license to Make, have
Made, use, offer to sell, sell, import, and otherwise transfer
the Covered Source and Products, where such licence applies only
to those patent claims licensable by such Licensor that are
necessarily infringed by exercising rights under the Covered
Source as Conveyed by that Licensor.
7.2 If You institute patent litigation against any entity (including
a cross-claim or counterclaim in a lawsuit) alleging that the
Covered Source or a Product constitutes direct or contributory
patent infringement, or You seek any declaration that a patent
licensed to You under this Licence is invalid or unenforceable
then any rights granted to You under this Licence shall
terminate as of the date such process is initiated.
8 General
8.1 If any provisions of this Licence are or subsequently become
invalid or unenforceable for any reason, the remaining
provisions shall remain effective.
8.2 You shall not use any of the name (including acronyms and
abbreviations), image, or logo by which the Licensor or CERN is
known, except where needed to comply with section 3, or where
the use is otherwise allowed by law. Any such permitted use
shall be factual and shall not be made so as to suggest any kind
of endorsement or implication of involvement by the Licensor or
its personnel.
8.3 CERN may publish updated versions and variants of this Licence
which it considers to be in the spirit of this version, but may
differ in detail to address new problems or concerns. New
versions will be published with a unique version number and a
variant identifier specifying the variant. If the Licensor has
specified that a given variant applies to the Covered Source
without specifying a version, You may treat that Covered Source
as being released under any version of the CERN-OHL with that
variant. If no variant is specified, the Covered Source shall be
treated as being released under CERN-OHL-S. The Licensor may
also specify that the Covered Source is subject to a specific
version of the CERN-OHL or any later version in which case You
may apply this or any later version of CERN-OHL with the same
variant identifier published by CERN.
You may treat Covered Source licensed under CERN-OHL-W as
licensed under CERN-OHL-S if and only if all Available
Components referenced in the Covered Source comply with the
corresponding definition of Available Component for CERN-OHL-S.
8.4 This Licence shall terminate with immediate effect if You fail
to comply with any of its terms and conditions.
8.5 However, if You cease all breaches of this Licence, then Your
Licence from any Licensor is reinstated unless such Licensor has
terminated this Licence by giving You, while You remain in
breach, a notice specifying the breach and requiring You to cure
it within 30 days, and You have failed to come into compliance
in all material respects by the end of the 30 day period. Should
You repeat the breach after receipt of a cure notice and
subsequent reinstatement, this Licence will terminate
immediately and permanently. Section 6 shall continue to apply
after any termination.
8.6 This Licence shall not be enforceable except by a Licensor
acting as such, and third party beneficiary rights are
specifically excluded.
This software may be modified only if its author and version
information is updated accurately, and may be redistributed
only if accompanied by this unaltered notice. Subject to those
restrictions, permission is granted to anyone to do anything
with this software. The copyright holders make no guarantees
regarding this software, and are not responsible for any damage
resulting from its use.
Copyright (Unpublished-all rights reserved under the copyright laws of the United States),
U.S. Government as represented by the Administrator of the National Aeronautics and Space
Administration. No copyright is claimed in the United States under Title 17, U.S. Code.
Permission to freely use, copy, modify, and distribute this software and its documentation
without fee is hereby granted, provided that this copyright notice and disclaimer of warranty
appears in all copies.
DISCLAIMER:
THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SOFTWARE WILL CONFORM TO
SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND FREEDOM FROM INFRINGEMENT, AND ANY WARRANTY THAT THE DOCUMENTATION WILL CONFORM TO
THE SOFTWARE, OR ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE. IN NO EVENT SHALL NASA
BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS
SOFTWARE, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT , OR OTHERWISE, WHETHER OR NOT
INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE, AND WHETHER OR NOT LOSS WAS
SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE SOFTWARE OR SERVICES
PROVIDED HEREUNDER.
As a special exception, you have permission to link this library
with the CGAL library (http://www.cgal.org) and distribute executables,
as long as you follow the requirements of the GNU GPL in regard to
all of the software in the executable aside from CGAL.
CGIC License Terms
------------------
Basic License
-------------
CGIC, copyright 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004 by Thomas Boutell and Boutell.Com, Inc..
Permission is granted to use CGIC in any application, commercial or
noncommercial, at no cost. HOWEVER, this copyright paragraph must appear on a
"credits" page accessible in the public online and offline documentation of the
program. Modified versions of the CGIC library should not be distributed without
the attachment of a clear statement regarding the author of the modifications,
and this notice may in no case be removed. Modifications may also be submitted
to the author for inclusion in the main CGIC distribution.
IF YOU WOULD PREFER NOT TO ATTACH THE ABOVE NOTICE to the public documentation
of your application, consult the information which follows regarding the
availability of a nonexclusive commercial license for CGIC.
Commercial License
------------------
The price of a nonexclusive commercial license is $200 U.S. To purchase the license:
1. Print and sign two copies of the document below.
2. Send both copies, along with Visa, Mastercard, Discover, or Amex card number,
cardholder's name, and expiration date OR a check for $200 in U.S. funds drawn
on a U.S. bank, to:
Boutell.Com, Inc. PO Box 63767 Philadelphia, PA 19147 USA
Credit card orders may alternatively be faxed to:
Boutell.Com, Inc. (208) 445-0327
BE SURE TO INCLUDE AN EMAIL ADDRESS, as well as a postal address and phone number.
3. We will return one signed copy to you promptly.
You will also receive swift notification of new versions of CGIC, in addition to ongoing email support.
*** CGIC Nonexclusive Commercial License
The licensee named below is granted the right to utilize CGIC, major version 1
or 2, any minor version thereof, in CGI applications without the need for a
credit notice of any kind. CGI applications developed by the holder of this
license may be distributed freely in source code or binary form without
additional fees or royalties. This license does not grant the right to use CGIC
to create a development tool which passes on substantially all of the
capabilities of the CGIC library to the user of the tool, unless that tool is to
be used internally by the license holder only in order to develop CGI
applications. This license may not be resold, but applications developed in
accordance with the terms of the license may be distributed freely subject to
the limitations described above.
Future minor (2.x) versions of CGIC will be covered by this license free of
charge. If significant defects of workmanship are discovered in version 2.x,
minor releases to correct them will be made available before or at the same time
that those defects are addressed in any future major version. Future "major"
(3.x) versions will be available to licensees at an upgrade price of $50.
If, for any reason, any portion of this license is found to be invalid, that
portion of the license only is invalidated and the remainder of the agreement
remains in effect.
If this license has not been signed by Thomas Boutell or M. L. Grant on behalf
of Boutell. Com, Inc., it is invalid.
Licensee's Name:
Signed for Licensee:
Complete Mailing Address:
Phone Number:
Email Address:
Signed for Boutell.Com, Inc.:
Date:
Chameleon Research License
Chameleon Version Release Date: June 18, 2024
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Non-Commercial Non-Exclusive License for Charm++ Software
The Software (as defined below) will only be licensed to You (as
defined below) upon the condition that You accept all of the terms and
conditions contained in this license agreement ("License"). Please
read this License carefully. By downloading and using the Software,
You accept the terms and conditions of this License.
1 Definitions.
1.1 "Illinois" means The Board of Trustees of the University of
Illinois.
1.2 "Software" means the Charm++/Converse parallel programming
software source code and object code.
1.3 "You" (or "Your") means an individual or legal entity exercising
rights under, and complying with all of the terms of, this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with
You. For purposes of this License, "control" means ownership,
directly or indirectly, of more than fifty percent (50%) of the
equity capital of the legal entity.
2 License Grant. Subject to Your compliance with the terms and
conditions of this License, Illinois on behalf of Prof. Sanjay
Kale's Parallel Programming Laboratory (PPL) group in the Department
of Computer Science, hereby grants You a non-commercial,
non-exclusive, non-transferable, royalty-free, restrictive license
to download, use, and create derivative works of the Software for
academic and research purposes only.
License Restrictions. Any uses of Software or Software derivative
works beyond those granted in Section 2 above require a separate for a
fee license. To negotiate a license with additional rights, You may
contact Illinois at the Office of Technology Management at
otm@illinois.edu or Charmworks, Inc. at info@hpccharm.com.
3 The following are some of the restricted use cases:
3.1 Integration of all or part of the Software or Software
derivative works into a product for sale, lease or license by or
on behalf of You to third parties; or
3.2 Distribution of all or part of the Software or Software
derivative works to third parties for any reason, including for
commercializing products sold or licensed by or on behalf of
You, except for contributing changes to Software;
3.3 Use of Software or Software derivative works for internal
commercial purposes.
3.4 For avoidance of doubt, You may at Your own expense, create and
freely distribute Your works that interoperate with the
Software, directing the users of such works to license and
download the Software itself from Illinois' site at
http://charm.cs.illinois.edu/research/charm.
4 Derivative works: You may at Your own expense, modify the Software
to make derivative works as outlined in Section 2. Any derivative
work should be clearly marked and renamed to notify users that it is
a modified version and not the original Software distributed by
Illinois. You agree to reproduce the copyright notice per Section 7
and other proprietary markings on any derivative work and to include
in the documentation of such work the acknowledgement: "This
software includes code developed by Parallel Programming Laboratory
research group in the Department of Computer Science, at the
University of Illinois at Urbana-Champaign."
5 Contributing derivative works: Software is being freely distributed
as a research and teaching tool and as such, PPL research group
encourages feedback and contributions from users of the code that
might, at Illinois' sole discretion, be used or incorporated to make
the basic operating framework of the Software a more stable,
flexible, and/or useful product. If You wish to contribute Your
code to become an internal portion of the Software:
5.1 You agree that such code may be distributed by Illinois under
the terms of this License; and
5.2 You may be required to sign an "Agreement Regarding Contributory
Code for Charm++ Software" (contact kale@illinois.edu), before
Illinois can accept it.
6 Acknowledgment.
6.1 You shall own the results obtained by using the outputs of
Software and Software derivative works. If You publish such
results, You shall acknowledge the use of Software and its
derivative works by the appropriate citation as follows:
"Charm++ software was developed by the Parallel Programming
Laboratory research group in the Department of Computer Science
at the University of Illinois at Urbana-Champaign."
6.2 Any published work, which utilizes Software, shall include the
following the references listed in the file named CITATION.cff
in the distribution.
6.3 Electronic documents will include a direct link to the official
Software page at http://charm.cs.illinois.edu/research/charm.
7 Copyright Notices. All copies of the Software or derivative works
shall include the following copyright notice: "Copyright 2019 The
Board of Trustees of the University of Illinois. All rights
reserved."
8 Confidential Information. You acknowledge that the Software is
proprietary to Illinois. You agree to protect the Software from
unauthorized disclosure, use, or release and to treat the Software
with at least the same level of care as You use to protect Your own
proprietary software and/or confidential information, but in no
event less than a reasonable standard of care. If You become aware
of any unauthorized licensing, copying or use of the Software, You
shall promptly notify Illinois in writing at otm@illinois.edu.
9 Limitation of Warranties. Limitation of
Liability. Indemnification. THIS SOFTWARE IS PROVIDED "AS IS" AND
ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THAT THE USE OF THE SOFTWARE AND DERIVATIVE WORKS WILL NOT
INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS. YOU ASSUME THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND/OR
DERIVATIVE WORKS. YOU AGREE THAT ILLINOIS SHALL NOT BE HELD LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH
RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR
ARISING FROM THIS LICENSE OR USE OF THE SOFTWARE AND/OR DERIVATIVE
WORKS. YOU SHALL INDEMNIFY AND HOLD HARMLESS ILLINOIS (INCLUDING
ITS TRUSTEES, FELLOWS, OFFICERS, EMPLOYEES, STUDENTS, AND AGENTS)
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND/OR LIABILITY, AS
WELL AS COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES AND REASONABLE
ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR USE, OR INABILITY
TO USE, THE SOFTWARE OR SOFTWARE DERIVATIVE WORKS, REGARDLESS OF
THEORY OF LIABILITY, WHETHER FOR BREACH OR IN TORT (INCLUDING
NEGLIGENCE).
10 Termination.
10.1 This License is effective until terminated, as provided
herein, or until all intellectual property rights in the
Software expire.
10.2 You may terminate this License at any time by destroying all
copies of the Software and its derivative works.
10.3 This License, and the rights granted hereunder, will terminate
automatically, and without any further notice from or action
by Illinois, if You fail to comply with any obligation of this
License.
10.4 Upon termination, You must immediately cease use of and destroy
all copies of the Software and its derivative works and verify
such destruction in writing.
10.5 The provisions set forth in Sections 5, 9, 11, 12, 13, 14, 15
shall survive termination or expiration of this License.
11 Governing Law. By using this Software, You agree to abide by the
laws of the State of Illinois and all other applicable laws of the
U.S, including, but not limited to, export control laws, copyright
law and the terms of this License.
12 Severability. If any provision of this License is held to be
invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not in any way affect the
validity or enforceability of the remaining provisions.
13 Assignment. You may not assign or otherwise transfer any of Your
rights or obligations under this License, without the prior written
consent of Illinois.
14 Entire License. This License represents the parties' entire
agreement relating to the Software. Except as otherwise provided
herein, no modification of this License is binding unless in
writing and signed by an authorized representative of each party.
15 Waiver. The failure of either party to enforce any provision of
this License shall not constitute a waiver of that right or future
enforcement of that or any other provision.
Approved for legal form Illinois Counsel SJA 10/18
University Technology No. TF08023 Commercial Non-Exclusive Software License
Charm++/Converse License
University of Illinois
University of Illinois
Charm++/Converse Parallel Programming System Software
Non-Exclusive, Non-Commercial Use License
Upon execution of this Agreement by the party identified below ("Licensee"),
The Board of Trustees of the University of Illinois ("Illinois"), on behalf of
The Parallel Programming Laboratory ("PPL") in the Department of Computer
Science, will provide the Charm++/Converse Parallel Programming System software
("Charm++") in Binary Code and/or Source Code form ("Software") to Licensee,
subject to the following terms and conditions. For purposes of this Agreement,
Binary Code is the compiled code, which is ready to run on Licensee's computer.
Source code consists of a set of files which contain the actual program
commands that are compiled to form the Binary Code.
1. The Software is intellectual property owned by Illinois, and all right,
title and interest, including copyright, remain with Illinois. Illinois
grants, and Licensee hereby accepts, a restricted, non-exclusive,
non-transferable license to use the Software for academic, research and
internal business purposes only, e.g. not for commercial use (see Clause 7
below), without a fee.
2. Licensee may, at its own expense, create and freely distribute complimentary
works that interoperate with the Software, directing others to the PPL server
(http://charm.cs.illinois.edu) to license and obtain the Software itself. Licensee
may, at its own expense, modify the Software to make derivative works. Except
as explicitly provided below, this License shall apply to any derivative work
as it does to the original Software distributed by Illinois. Any derivative
work should be clearly marked and renamed to notify users that it is a modified
version and not the original Software distributed by Illinois. Licensee agrees
to reproduce the copyright notice and other proprietary markings on any
derivative work and to include in the documentation of such work the
acknowledgment:
"This software includes code developed by the Parallel Programming Laboratory
in the Department of Computer Science at the University of Illinois at
Urbana-Champaign."
Licensee may redistribute without restriction works with up to 1/2 of their
non-comment source code derived from at most 1/10 of the non-comment source
code developed by Illinois and contained in the Software, provided that the
above directions for notice and acknowledgment are observed. Any other
distribution of the Software or any derivative work requires a separate license
with Illinois. Licensee may contact Illinois (kale@illinois.edu) to negotiate
an appropriate license for such distribution.
3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED
"AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE
SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS. LICENSEE
ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE
AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL NOT BE HELD
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH
RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING
FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED MATERIALS.
4. Licensee understands the Software is proprietary to Illinois. Licensee
agrees to take all reasonable steps to insure that the Software is protected
and secured from unauthorized disclosure, use, or release and will treat it
with at least the same level of care as Licensee would use to protect and
secure its own proprietary computer programs and/or information, but using no
less than a reasonable standard of care. Licensee agrees to provide the
Software only to any other person or entity who has registered with Illinois.
If licensee is not registering as an individual but as an institution or
corporation each member of the institution or corporation who has access to or
uses Software must agree to and abide by the terms of this license. If Licensee
becomes aware of any unauthorized licensing, copying or use of the Software,
Licensee shall promptly notify Illinois in writing. Licensee expressly agrees
to use the Software only in the manner and for the specific uses authorized in
this Agreement.
5. By using or copying this Software, Licensee agrees to abide by the
copyright law and all other applicable laws of the U.S. including, but not
limited to, export control laws and the terms of this license. Illinois shall
have the right to terminate this license immediately by written notice upon
Licensee's breach of, or non-compliance with, any terms of the license.
Licensee may be held legally responsible for any copyright infringement that
is caused or encouraged by its failure to abide by the terms of this license.
Upon termination, Licensee agrees to destroy all copies of the Software in its
possession and to verify such destruction in writing.
6. The user agrees that any reports or published results obtained with the
Software will acknowledge its use by the appropriate citation as follows:
"Charm++/Converse was developed by the Parallel Programming Laboratory in the
Department of Computer Science at the University of Illinois at
Urbana-Champaign."
Any published work which utilizes Charm++ shall include the following
reference:
"L. V. Kale and S. Krishnan. Charm++: Parallel Programming with Message-Driven
Objects. In 'Parallel Programming using C++' (Eds. Gregory V. Wilson and Paul
Lu), pp 175-213, MIT Press, 1996."
Any published work which utilizes Converse shall include the following
reference:
"L. V. Kale, Milind Bhandarkar, Narain Jagathesan, Sanjeev Krishnan and Joshua
Yelon. Converse: An Interoperable Framework for Parallel Programming.
Proceedings of the 10th International Parallel Processing Symposium, pp
212-217, April 1996."
Electronic documents will include a direct link to the official Charm++ page
at http://charm.cs.illinois.edu/
7. Commercial use of the Software, or derivative works based thereon, REQUIRES
A COMMERCIAL LICENSE. Should Licensee wish to make commercial use of the
Software, Licensee will contact Illinois (kale@illinois.edu) to negotiate an
appropriate license for such use. Commercial use includes:
(1) integration of all or part of the Software into a product for sale, lease
or license by or on behalf of Licensee to third parties, or
(2) distribution of the Software to third parties that need it to commercialize
product sold or licensed by or on behalf of Licensee.
8. Government Rights. Because substantial governmental funds have been used in
the development of Charm++/Converse, any possession, use or sublicense of the
Software by or to the United States government shall be subject to such
required restrictions.
9. Charm++/Converse is being distributed as a research and teaching tool and as
such, PPL encourages contributions from users of the code that might, at
Illinois' sole discretion, be used or incorporated to make the basic operating
framework of the Software a more stable, flexible, and/or useful product.
Licensees who contribute their code to become an internal portion of the
Software agree that such code may be distributed by Illinois under the terms
of this License and may be required to sign an "Agreement Regarding
Contributory Code for Charm++/Converse Software" before Illinois can accept it
(contact kale@illinois.edu for a copy).
UNDERSTOOD AND AGREED.
Contact Information:
The best contact path for licensing issues is by e-mail to kale@illinois.edu or
send correspondence to:
Prof. L. V. Kale
Dept. of Computer Science
University of Illinois
201, N. Goodwin Ave.,
Urbana, Illinois 61801 USA
FAX: (217) 265-4035
ChartDirector 6.0 (ASP/COM/VB Edition)
License Agreement
You should carefully read the following terms and conditions before using the ChartDirector software. Your use of the ChartDirector software indicates your acceptance of this license agreement. Do not use the ChartDirector software if you do not agree with this license agreement.
Disclaimer of Warranty
The ChartDirector software and the accompanying files are distributed and licensed "as is". Advanced Software Engineering Limited disclaims all warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Should the ChartDirector software prove defective, the licensee assumes the risk of paying the entire cost of all necessary servicing, repair, or correction and any incidental or consequential damages. In no event will Advanced Software Engineering Limited be liable for any damages whatsoever (including without limitation damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or the inability to use the ChartDirector software even if Advanced Software Engineering Limited has been advised of the possibility of such damages.
Intellectual Property
The ChartDirector software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ChartDirector software is licensed, not sold. Title to the ChartDirector software shall at all times remain with Advanced Software Engineering Limited.
You agree not to modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the ChartDirector software.
Trial Version
The trial version of the ChartDirector software will produce yellow banner messages at the bottom of the chart images generated by it. You agree to not remove, obscure, or alter this message.
Subjected to the conditions in this license agreement:
You may use the unmodified trial version of the ChartDirector software without charge.
You may redistribute the unmodified trial version of the ChartDirector software, provided you do not charge for it.
You may embed the unmodified trial version of the ChartDirector software (or part of it), in a product and distribute the product, provided you do not charge for the product.
If you do not want the yellow banner messages appearing in the charts, or you want to embed the ChartDirector software (or part of it) in a product that is not free, you must purchase a commercial license to use the ChartDirector software from Advanced Software Engineering Limited. Please refer to Advanced Software Engineering's web site at www.advsofteng.com for details.
Credits
The ChartDirector software is developed using code from the Independent JPEG Group and the FreeType team. Any software that is derived from the ChartDirector software must include the following text in its documentation. This applies to both the trial version of the ChartDirector software and to the commercial version of the ChartDirector software.
This software is based in part on the work of the Independent JPEG Group
This software is based in part of the work of the FreeType Team
© 2015 Advanced Software Engineering Limited. All rights reserved.
Permission is granted to copy and/or distribute this file, with or
without modifications, provided this notice is preserved.
Redistribution of this program in any form, with or without
modifications, is permitted, provided that the above copyright is
retained in distributions of this program in source form.
(This is a free, non-copyleft license compatible with pretty much any
other free or proprietary license, including the GPL. It's essentially
a scaled-down version of the "modified" BSD license.)
Chelsio Communication Terminator 4/5 ethernet controller firmware
Redistribution and use in binary form, without modification, are permitted provided
that the following conditions are met:
1. Redistribution in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
2. The name of Chelsio Communications may not be used to endorse or promote products
derived from this software without specific prior written permission.
3. Reverse engineering, decompilation, or disassembly of this firmware is not
permitted.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Chicken Dance License v0.2
http://supertunaman.com/cdl/
Redistribution and use in source and binary forms, with
or without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain the
above copyright notice, this list of conditions and
the following disclaimer.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and
the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. Neither the name of the <ORGANIZATION> nor the names
of its contributors may be used to endorse or promote
products derived from this software without specific
prior written permission.
4. An entity wishing to redistribute in binary form or
include this software in their product without
redistribution of this software's source code with the
product must also submit to these conditions where
applicable:
* For every thousand (1000) units distributed, at
least half of the employees or persons
affiliated with the product must listen to the
"Der Ententanz" (AKA "The Chicken Dance") as
composed by Werner Thomas for no less than two
(2) minutes
* For every twenty-thousand (20000) units distributed,
one (1) or more persons affiliated with the entity
must be recorded performing the full Chicken Dance,
in an original video at the entity's own expense,
and a video encoded in OGG Theora format or a format
and codec specified by <OWNER>, at least three (3)
minutes in length, must be submitted to <OWNER>,
provided <OWNER>'s contact information. Any and all
copyrights to this video must be transfered to
<ORGANIZATION>. The dance featured in the video
must be based upon the instructions on how to perform
the Chicken Dance that you should have received with
this software.
* Any employee or person affiliated with the product
must be prohibited from saying the word "gazorninplat" in
public at all times, as long as distribution of the
product continues.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. <ORGANIZATION> ACCEPTS NO LIABILITY FOR
ANY INJURIES OR EXPENSES SUSTAINED IN THE ACT OF FULFILLING ANY OF
THE ABOVE TERMS AND CONDITIONS, ACCIDENTAL OR OTHERWISE.
ChilliCream License 1.0
Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations and conditions below.
Limitations
You may not move, change, disable, or circumvent the license key functionality in the software, and you may not remove or obscure any functionality in the software that is protected by the license key.
You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the software. Any use of the licensor’s trademarks is subject to applicable law.
Patents
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the software, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the software. If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
Notices
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms.
If you modify the software, you must include in any modified copies of the software prominent notices stating that you have modified the software.
No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
Termination
If you use the software in violation of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.
No Liability
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Definitions
The licensor is the entity offering these terms, and the software is the software the licensor makes available under these terms, including any portion of it.
you refers to the individual or entity agreeing to these terms.
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your licenses are all the licenses granted to you for the software under these terms.
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This code may be used in compiled form in any way you desire. This file may be
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An email letting me know how you are using it would be nice as well.
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-----------------------------------------
AVC/H.264 Patent Portfolio License Notice
-----------------------------------------
The binary form of this Software is distributed by Cisco under the AVC/H.264 Patent Portfolio License from MPEG LA, and is subject to the following requirements, which may or may not be applicable to your use of this software:
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
Accordingly, please be advised that content providers and broadcasters using AVC/H.264 in their service may be required to obtain a separate use license from MPEG LA, referred to as "(b) sublicenses" in the SUMMARY OF AVC/H.264 LICENSE TERMS from MPEG LA found at http://www.openh264.org/mpegla
---------------------------------------------
AVC/H.264 Patent Portfolio License Conditions
---------------------------------------------
In addition, the Cisco-provided binary of this Software is licensed under Cisco's license from MPEG LA only if the following conditions are met:
1. The Cisco-provided binary is separately downloaded to an end user’s device, and not integrated into or combined with third party software prior to being downloaded to the end user’s device;
2. The end user must have the ability to control (e.g., to enable, disable, or re-enable) the use of the Cisco-provided binary;
3. Third party software, in the location where end users can control the use of the Cisco-provided binary, must display the following text:
"OpenH264 Video Codec provided by Cisco Systems, Inc."
4. Any third-party software that makes use of the Cisco-provided binary must reproduce all of the above text, as well as this last condition, in the EULA and/or in another location where licensing information is to be presented to the end user.
CiviCRM licensing exception
This CiviCRM Licensing Exception is an additional permission under section 7 of the GNU Affero General Public License, version 3. It applies to a given file that bears a notice stating that the file is governed by that license along with this exception. Permission is hereby granted to combine the Program with works licensed under the PHP License versions 2.01, 2.02, 3.0 and 3.01. Permission is hereby granted to license modified versions of the Program to CiviCRM LLC under the Academic Free License version 3.
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you may provide modules found here, as source, within applications delivered to
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both retain the embedded copyright notice(s),
you may email samples you consider cool to your friends, if you tell them where
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you may cite this site and its owner in the credits for your application, if you
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Copyright violations will be pursued vigorously.
Rationale
This site is intended to be a benefit to the community of Classic VB developers.
Code provided here is subject to continual update, as site visitors report bugs,
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always know where they can turn to find the latest and presumably greatest. This
way, if you have downloaded code from this site, and it isn't behaving in a
reasonable manner, the first thing you can do is return to see if it's been
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When the contents of this site are redistributed elsewhere, I lose control over
versioning, and inevitably end up with emails asking about bugs fixed long ago.
It really is easier for everyone to have a single source. The policy stated here
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likely I haven't explained it well enough.
If you find problems with code here, or wonder about licensing and
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Thanks for understanding...
Exceptions
You're probably thinking, "Yeah, but maybe if I email him and ask really nice,
... , after all, my posting to the internet will absolutely benefit all
humanity, and I stand to gain nothing personally, and yadda yadda yadda..." I
know. A million good causes, and a free sample to go with each. Well, yeah, I
really do mean, and want to stick with, what I wrote above. I'm very glad you
like my code, so much so that you want to repost it somewhere else. I'd really
prefer you didn't do that. I do appreciate your understanding.
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The Clearthought Software License, Version 2.0
I. Terms for redistribution of original source and binaries
Redistribution and use of unmodified source and/or binaries are
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Basically, if you distribute unmodified source, you meet
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II. Terms for distribution of derived works via subclassing and/or
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You may generate derived works by means of subclassing and/or
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2. The original software is not altered.
3. Derived works are not contained in the info.clearthought
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For example, you may define a class with the following full name:
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However, you may not define a class with the either of the
following full names:
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org.nameOfMyOrganization.layouts.TableLayout
III. Terms for redistribution of source modified via patch files.
You may generate derived works by means of patch files provided
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copyright notice and license. You are not required to
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means that your patch files must change the namespace/package
for the derived work. See section II for examples.
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info.clearthought... packages. This means your patch files
must change the names of the interfaces and classes they alter.
See section II for examples.
5. Derived works must include the following disclaimer.
"This work is derived from Clearthought's TableLayout,
https://tablelayout.dev.java.net, by means of patch files
rather than subclassing or composition. Therefore, this work
might not contain the latest fixes and features of TableLayout."
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You may do any of the following with the binaries of the
original software.
1. You may move binaries (.class files) from the original .jar file
to your own .jar file.
2. You may move binaries from the original .jar file to other
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3. You may backend compile the binaries to any platform, including
but not limited to Win32, Win64, MAC OS, Linux, Palm OS, any
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4. You may transcribe the binaries to other virtual machine byte
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V. License Disclaimer.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR, AFFILATED BUSINESSES,
OR ANYONE ELSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
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SUCH DAMAGE.
Permission is hereby granted, free of charge, to any person obtaining a
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Software is furnished to do so, subject to the following conditions:
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CLIPS License Information
Permission is hereby granted, free of charge, to any person obtaining a
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This copyright does NOT cover user programs that run in CLISP and third-party
packages not part of CLISP, if a) They only reference external symbols in
CLISP's public packages that define API also provided by many other Common Lisp
implementations (namely the packages COMMON-LISP, COMMON-LISP-USER, KEYWORD,
CLOS, GRAY, EXT), i.e. if they don't rely on CLISP internals and would as well
run in any other Common Lisp implementation. Or b) They only reference external
symbols in CLISP's public packages that define API also provided by many other
Common Lisp implementations (namely the packages COMMON-LISP, COMMON-LISP-USER,
KEYWORD, CLOS, GRAY, EXT) and some external, not CLISP specific, symbols in
third-party packages that are released with source code under a GPL compatible
license and that run in a great number of Common Lisp implementations, i.e. if
they rely on CLISP internals only to the extent needed for gaining some
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Such user programs are not covered by the term "derived work" used in the
GNU GPL. Neither is their compiled code, i.e. the result of compiling them by
use of the function COMPILE-FILE. We refer to such user programs as
"independent work".
You may copy and distribute memory image files generated by the function
SAVEINITMEM, if it was generated only from CLISP and independent work, and
provided that you accompany them, in the sense of section 3 of the GNU GPL, with
the source code of CLISP - precisely the same CLISP version that was used to
build the memory image -, the source or compiled code of the user programs
needed to rebuild the memory image (source code for all the parts that are not
independent work, see above), and a precise description how to rebuild the
memory image from these.
Foreign non-Lisp code that is linked with CLISP or loaded into CLISP through
dynamic linking is not exempted from this copyright. I.e. such code, when
distributed for use with CLISP, must be distributed under the GPL.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or combining it with any of the below libraries (or a modified version of that library), containing parts covered by the terms of any of the below libraries, the licensors of this Program grant you additional permission to convey the resulting work.
Cloudera Express License
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13. Termination. The term of this Agreement commences on the Effective Date and continues unless terminated for Customer's breach of any material term herein. Notwithstanding any terms to the contrary in this Agreement, in the event of a breach of Sections 3, 4 or 6, Cloudera may immediately terminate this Agreement. Upon expiration or termination of this Agreement: (a) all rights granted to Customer under this Agreement will immediately cease; and (b) Customer will promptly provide Cloudera with all Confidential Information (including, but not limited to the Products) then in its possession or destroy all copies of such Confidential Information, at Cloudera's sole discretion and direction. Notwithstanding any terms to the contrary in this Agreement, this sentence and the following Sections will survive any termination or expiration of this Agreement: 4, 6, 7, 8, 9, 10, 13 and 15.
14. In the event that Customer uses the functionality in the Product for the purposes of downloading and installing any Cloudera-provided public beta software, such beta software will be subject either to the Apache 2 license, or to the terms and conditions of the Public Beta License located here: (http://ccp.cloudera.com/display/SUPPORT/CLOUDERA+PUBLIC+BETA+AGREEMENT) as applicable.
15. Miscellaneous. This Agreement will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Santa Clara County, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agy. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. Except for payments due under this Agreement, neither party will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by Cloudera to link its servers to the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third-party (each a "Force Majeure Event"). In the event of any such delay the date of delivery will be deferred for a period equal to the time lost by reason of the delay. Any notice or communication required or permitted to be given hereunder must be in writing signed or authorized by the party giving notice, and may be delivered by hand, deposited with an overnight courier, sent by confirmed email, confirmed facsimile or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address below or at such other address as may hereafter be furnished in accordance with this Section. No modification, addition or deletion, or waiver of any rights under this Agreement will be binding on a party unless made in an agreement clearly understood by the parties to be a modification or waiver and signed by a duly authorized representative of each party. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.
THE PERMISSION CONDITION ABOUT USING C/Migemo AND Migemo DLL
Since: 16-Dec-2001
Version 1.0
Author: MURAOKA Taro (KoRoN)
Last Change: 16-Dec-2003
Translated into English by:
Translator: Mamoru Tasaka <mtasaka@ioa.s.u-tokyo.ac.jp>
Version 1.0-1
Date: Apr, 10 2007
THE DEFINITION OF TERMS
The meaning of each term is defined as below:
This software: C/Migemo and Migemo DLL
(including binary form and source codes, but
excluding dictionary data).
Malfunction: The behavior which differs from which is
documented or which is not documented.
Manager: Those who own this software (who are
the developers or the copyright owners of this
software). At the time this copyright is
written, it is Taro Muraoka.
<koron@tka.att.ne.jp>
User: Those who use or used this software.
others: Those who are not managers or users. Especially,
the developers and the copyright owner of
the dictionaries for this software are included
into "others".
THE MAIN RULE
Those who agreed with the following conditions may use this
software. Those who won't agree with them should stop using
this software and should remove the files related to this software
from the memory media they are using.
THE CONDITIONS IMPOSED ON MANAGERS
The managers own the following rights related to this software.
- the right to modify this software
- the right to distribute this software
- the right to let this software used
- the right to devolve the part or the whole of the rights
related to this software
The managers have a duty to resolve malfunctions of this software.
The managers have no responsibility for any damages the users
may cause and may sustain.
THE CONDITIONS IMPOSED ON USERS
A user has the following duties on using this software
- The duty to pay a fee to the developers based on the
consideration regulation described below.
- To protect the rights of the managers
- To protect the rights of others.
A user has a right to use this software for any purpose
provided the usage won't violate any other conditions.
THE CONSIDERATION REGULATION
The consideration regulation of this software is defined as
below.
- zero yen
THE MAIN RULE ENDS HERE
If you cannot agree with the conditions above, please
stop using this software.
Permission to use, copy, modify, distribute and sell this software
and its documentation for any purpose is hereby granted without fee,
provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear
in supporting documentation. Christian Michelsen Research AS
makes no representations about the suitability of this software for
any purpose. It is provided "as is" without express or implied warranty.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The name "Carnegie Mellon University" must not be used to
endorse or promote products derived from this software without
prior written permission. For permission or any legal
details, please contact
Office of Technology Transfer
Carnegie Mellon University
5000 Forbes Avenue
Pittsburgh, PA 15213-3890
(412) 268-4387, fax: (412) 268-7395
tech-transfer@andrew.cmu.edu
4. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by Computing Services
at Carnegie Mellon University (http://www.cmu.edu/computing/)."
CARNEGIE MELLON UNIVERSITY DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS, IN NO EVENT SHALL CARNEGIE MELLON UNIVERSITY BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Permission is hereby granted, free of charge, to use and distribute
this software and its documentation without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of this work, and to
permit persons to whom this work is furnished to do so, subject to
the following conditions:
1. The code must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Any modifications must be clearly marked as such.
3. Original authors' names are not deleted.
4. The authors' names are not used to endorse or promote products
derived from this software without specific prior written
permission.
CARNEGIE MELLON UNIVERSITY AND THE CONTRIBUTORS TO THIS WORK
DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT
SHALL CARNEGIE MELLON UNIVERSITY NOR THE CONTRIBUTORS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THIS SOFTWARE.
Permission to use, copy, modify, and distribute this software and
its documentation is hereby granted (including for commercial or
for-profit use), provided that both the copyright notice and this
permission notice appear in all copies of the software, derivative
works, or modified versions, and any portions thereof.
THIS SOFTWARE IS EXPERIMENTAL AND IS KNOWN TO HAVE BUGS, SOME OF
WHICH MAY HAVE SERIOUS CONSEQUENCES. CARNEGIE MELLON PROVIDES THIS
SOFTWARE IN ITS ``AS IS'' CONDITION, AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL CARNEGIE MELLON UNIVERSITY BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Carnegie Mellon encourages (but does not require) users of this
software to return any improvements or extensions that they make,
and to grant Carnegie Mellon the rights to redistribute these
changes without encumbrance.
Permission is hereby granted, free of charge, to use and
distribute this software and its documentation without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of this work, and to permit persons to whom this
work is furnished to do so, subject to the following conditions:
1. The code must retain the above copyright notice, this list
of conditions and the following disclaimer.
2. Any modifications must be clearly marked as such.
3. Original authors' names are not deleted.
NAGOYA INSTITUTE OF TECHNOLOGY, NARA INSTITUTE OF SCIENCE AND
TECHNOLOGY, CARNEGIE MELLON UNIVERSITY, AND THE CONTRIBUTORS TO
THIS WORK DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS,
IN NO EVENT SHALL NAGOYA INSTITUTE OF TECHNOLOGY, NARA
INSTITUTE OF SCIENCE AND TECHNOLOGY, CARNEGIE MELLON UNIVERSITY,
NOR THE CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Permission to use, copy, modify, and distribute this software and its
documentation is hereby granted, provided that the above copyright
notice appears in all copies. This software is provided without any
warranty, express or implied.
Permission to use, copy, modify and distribute this software and its
documentation is hereby granted, provided that both the copyright notice and
this permission notice appear in all copies of the software, derivative works
or modified versions, and any portions thereof, and that both notices appear
in supporting documentation.
COPYRIGHT HOLDER ALLOWS FREE USE OF THIS SOFTWARE IN ITS "AS IS" CONDITION.
COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY OF ANY KIND FOR ANY DAMAGES
WHATSOEVER RESULTING FROM THE USE OF THIS SOFTWARE.
Permission to use, copy, modify and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the names of the copyright holders not be used in advertising or publicity pertaining to distribution of the software without specific written permission.
THE COPYRIGHT HOLDERS DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Cloud Native Computing Foundation
A project of The Linux Foundation
Software Grant and Corporate Contributor License Agreement ("Agreement") v1.0
Thank you for your interest in the Cloud Native Computing Foundation project (“CNCF”) of The
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This version of the Agreement allows an entity (the "Corporation") to submit Contributions to the
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If you have not already done so, please complete and sign, then scan and email a PDF file of
this Agreement to cla@cncf.io
If necessary, send an original signed Agreement to The Linux
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Please read this document carefully before signing and keep a copy for your records.
Corporation name: ________________________________________________
Corporation address: ________________________________________________
________________________________________________
________________________________________________
Point of Contact: ________________________________________________
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Telephone: _____________________
You accept and agree to the following terms and conditions for Your present and future
Contributions submitted to the Foundation. In return, the Foundation shall not use Your
Contributions in a way that is contrary to the public benefit or inconsistent with its nonprofit
status and bylaws in effect at the time of the Contribution. Except for the license granted herein
to the Foundation and recipients of software distributed by the Foundation, You reserve all right,
title, and interest in and to Your Contributions.
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owner that is making this Agreement with the Foundation. For legal entities, the entity making a
Contribution and all other entities that control, are controlled by, or are under common control
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"control" means (i) the power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"Contribution" shall mean the code, documentation or other original works of authorship
expressly identified in Schedule B, as well as any original work of authorship, including any
modifications or additions to an existing work, that is intentionally submitted by You to the
Foundation for inclusion in, or documentation of, any of the products owned or managed by the
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electronic, verbal, or written communication sent to the Foundation or its representatives,
including but not limited to communication on electronic mailing lists, source code control
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the purpose of discussing and improving the Work, but excluding communication that is
conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
2. Grant of Copyright License. Subject to the terms and conditions of this Agreement, You
hereby grant to the Foundation and to recipients of software distributed by the Foundation a
perpetual, worldwide, nonexclusive, nocharge, royaltyfree, irrevocable copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and
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3. Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby
grant to the Foundation and to recipients of software distributed by the Foundation a perpetual,
worldwide, nonexclusive, nocharge, royaltyfree, irrevocable (except as stated in this section)
patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the
Work, where such license applies only to those patent claims licensable by You that are
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with the Work to which such Contribution(s) were submitted. If any entity institutes patent
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6. You are not expected to provide support for Your Contributions, except to the extent You
desire to provide support. You may provide support for free, for a fee, or not at all. Unless
required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS"
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7. Should You wish to submit work that is not Your original creation, You may submit it to the
Foundation separately from any Contribution, identifying the complete details of its source and
of any license or other restriction (including, but not limited to, related patents, trademarks, and
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8. It is your responsibility to notify the Foundation when any change is required to the list of
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Please sign: __________________________________ Date: _______________
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Please indicate “CLA Manager” next to the name of any employees listed below that are
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Schedule B
[Identification of optional concurrent software grant. Would be left blank or omitted if there is no
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Cloud Native Computing Foundation
A project of The Linux Foundation
Individual Contributor License Agreement ("Agreement") v1.0
Thank you for your interest in the Cloud Native Computing Foundation project (“CNCF”) of The
Linux Foundation (the "Foundation"). In order to clarify the intellectual property license granted
with Contributions from any person or entity, the Foundation must have a Contributor License
Agreement ("CLA") on file that has been signed by each Contributor, indicating agreement to
the license terms below. This license is for your protection as a Contributor as well as the
protection of CNCF, the Foundation and its users; it does not change your rights to use your
own Contributions for any other purpose.
If you have not already done so, please complete and sign, then scan and email a pdf file of this
Agreement to cla@cncf.io
If necessary, send an original signed Agreement to The Linux
Foundation, 1 Letterman Drive, Building D, Suite D4700, San Francisco CA 94129, U.S.A.
Please read this document carefully before signing and keep a copy for your records.
Full name: ______________________________________________________
Public name: _________________________________________
Mailing Address: ________________________________________________
________________________________________________
Country: ______________________________________________________
Telephone: ______________________________________________________
EMail: ______________________________________________________
You accept and agree to the following terms and conditions for Your present and future
Contributions submitted to the Foundation. In return, the Foundation shall not use Your
Contributions in a way that is contrary to the public benefit or inconsistent with its nonprofit
status and bylaws in effect at the time of the Contribution. Except for the license granted herein
to the Foundation and recipients of software distributed by the Foundation, You reserve all right,
title, and interest in and to Your Contributions.
1. Definitions.
"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright
owner that is making this Agreement with the Foundation. For legal entities, the entity making a
Contribution and all other entities that control, are controlled by, or are under common control
with that entity are considered to be a single Contributor. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
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additions to an existing work, that is intentionally submitted by You to the Foundation for
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hereby grant to the Foundation and to recipients of software distributed by the Foundation a
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grant to the Foundation and to recipients of software distributed by the Foundation a perpetual,
worldwide, nonexclusive, nocharge, royaltyfree, irrevocable (except as stated in this section)
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CockroachDB Community License Agreement
Please read this CockroachDB Community License Agreement (the "Agreement")
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CockroachDB Software License
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Your licenses to the Software will automatically terminate if You breach any
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breach is capable of being cured and You cure it within 15 days of the breach
to Licensor’s satisfaction, Your licenses will be reinstated retroactively.
Notwithstanding the foregoing, intentional or repeated breaches of this
Agreement by You will cause Your licenses to terminate automatically and
permanently.
Disclaimer; Liability Limitations
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”
AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT
OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LICENSOR WILL NOT BE LIABLE TO YOU FOR (I) ANY CONSEQUENTIAL, INDIRECT,
SPECIAL, MULTIPLE, PUNITIVE OR INCIDENTAL DAMAGES, (INCLUDING WITHOUT
LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATA) OR (II)
DAMAGES IN EXCESS OF ONE HUNDRED US DOLLARS ($100), ARISING OUT OF THIS
AGREEMENT OR THE USE OF THE SOFTWARE, REGARDLESS OF THE TYPE OF LEGAL CLAIM
AND WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law
This Agreement shall be governed by and construed under the laws of the State
of New York and the United States without regard to the conflicts of laws
provisions thereof. The state and federal courts located in New York County,
New York, have exclusive jurisdiction for all purposes relating to this
Agreement. The rights and obligations of the parties to this Agreement will
not be governed by the United Nations Convention on the International Sale of
Goods
Definitions
Agreement: This CockroachDB Software License.
Benchmark: Any benchmark, comparative test or evaluation of the Software.
CockroachDB: A database application that is created by compiling either the
source code of the Software in its complete, unmodified form, or the source
code of a Modified Version.
Introductory Period: A limited time period during which the Software is
designed by Licensor to be fully functional and not trigger Protective
Measures without requiring a License Key to be entered.
License Key: A valid unique code or token for use of the Software that is
provisioned for You by Licensor.
Licensor: Cockroach Labs, Inc.
Limited Non-Production Use: Use for design, prototyping, testing, or
development purposes in non-production, internal development environments
either (i) during the Introductory Period (if any) or (ii) in deploying a
database that runs solely on a single node.
Modified Version: A derivative work of the Software that provides all or
substantially all of the features and functionality of the unmodified
Software using all or substantially all of the source code of the unmodified
Software.
Software: The software provided to You under this Agreement that includes or
refers to this Agreement, in any form, including any portion of such software.
Telemetry: Data about Your use of the Software and its features that is
communicated to Licensor by the Software.
Third-Party Software: Third-party software made available under open source
or other license terms.
You: The individual or entity agreeing to this Agreement.
Parameters
Licensor: Cockroach Labs, Inc.
Licensed Work: CockroachDB 19.2
The Licensed Work is (c) 2019 Cockroach Labs, Inc.
Additional Use Grant: You may make use of the Licensed Work, provided that
you may not use the Licensed Work for a Database
Service.
A “Database Service” is a commercial offering that
allows third parties (other than your employees and
contractors) to access the functionality of the
Licensed Work by creating tables whose schemas are
controlled by such third parties.
Change Date: 2022-10-01
Change License: Apache License, Version 2.0
For information about alternative licensing arrangements for the Software,
please visit: https://cockroachlabs.com/
Notice
The Business Source License (this document, or the “License”) is not an Open
Source license. However, the Licensed Work will eventually be made available
under an Open Source License, as stated in this License.
# Code Credit License
Version 1.0.0
## Purpose
This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability and requiring credit for their work.
## Agreement
In order to receive this license, you have to agree
to its rules. Those rules are both obligations under
that agreement and conditions to your license. Don't do
anything with this software that triggers a rule you can't
or won't follow.
## Notices
Make sure everyone who gets a copy of any part of
this software from you, with or without changes,
also gets the text of this license or a link to
<https://codecreditlicense.com/license/1.0.0>.
## Give Credit
You must give this software and each contributor credit
for contributing to goods or services that you develop,
test, produce, or provide with the help of this software.
## How to Give Credit
In general, you must give credit in such a way that others
can freely and readily find a written notice identifying
this software, by name, as a contribution to your goods
or services, as well as each contributor, by name, as a
contributor to this software. You must not do anything
to stop others from sharing, publishing, or using those
credits.
## Conventions
If widespread convention dictates a particular way to
give credit for your kind of goods or services, such as
by end credit for a film, citation for an academic paper,
acknowledgment for a book, or billing for a show, then
follow that convention. For software provided to users to
run on their own computers, give credit in documentation,
notice files, and any "about" page or screen. For software
provided as a web service, give credit in `credits.txt`
according to <https://creditstxt.com>.
## Who to Credit
If contributors give their names or the name of this
software along with the software in a conventional way,
such as in software package metadata or on an "about"
page or screen, you may rely on the names they give that
way to be accurate and complete. If contributors don't
give names that way, but include a link to a homepage
for this software, you must investigate that homepage for
names to credit. If contributors give neither names to
credit nor a link to a homepage, you do not have to do
independent research to find names to credit.
## Declining Credit
On written request from a contributor, you must remove
their name from the credits for your goods or services
going forward. On written request from all credited
contributors to this software, you must do the same for
the name of this software.
## Copyright
Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.
## Patent
Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.
## Excuse
If anyone notifies you in writing that you have not
complied with [Notices](#notices) or [Credit](#credit),
you can keep your license by taking all practical steps
to comply within thirty days after the notice. If you do
not do so, your license ends immediately.
## Reliability
No contributor can revoke this license.
## No Liability
***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***
# Code Credit License
Version 1.0.0
## Purpose
This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability and requiring credit for their work.
## Agreement
In order to receive this license, you have to agree
to its rules. Those rules are both obligations under
that agreement and conditions to your license. Don't do
anything with this software that triggers a rule you can't
or won't follow.
## Notices
Make sure everyone who gets a copy of any part of
this software from you, with or without changes,
also gets the text of this license or a link to
<https://codecreditlicense.com/license/1.0.0>.
## Give Credit
You must give this software and each contributor credit
for contributing to goods or services that you develop,
test, produce, or provide with the help of this software.
## How to Give Credit
In general, you must give credit in such a way that others
can freely and readily find a written notice identifying
this software, by name, as a contribution to your goods
or services, as well as each contributor, by name, as a
contributor to this software. You must not do anything
to stop others from sharing, publishing, or using those
credits.
## Conventions
If widespread convention dictates a particular way to
give credit for your kind of goods or services, such as
by end credit for a film, citation for an academic paper,
acknowledgment for a book, or billing for a show, then
follow that convention. For software provided to users to
run on their own computers, give credit in documentation,
notice files, and any "about" page or screen. For software
provided as a web service, give credit in `credits.txt`
according to <https://creditstxt.com>.
## Who to Credit
If contributors give their names or the name of this
software along with the software in a conventional way,
such as in software package metadata or on an "about"
page or screen, you may rely on the names they give that
way to be accurate and complete. If contributors don't
give names that way, but include a link to a homepage
for this software, you must investigate that homepage for
names to credit. If contributors give neither names to
credit nor a link to a homepage, you do not have to do
independent research to find names to credit.
## Declining Credit
On written request from a contributor, you must remove
their name from the credits for your goods or services
going forward. On written request from all credited
contributors to this software, you must do the same for
the name of this software.
## Copyright
Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.
## Patent
Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.
## Excuse
If anyone notifies you in writing that you have not
complied with [Notices](#notices) or [Credit](#credit),
you can keep your license by taking all practical steps
to comply within thirty days after the notice. If you do
not do so, your license ends immediately.
## Reliability
No contributor can revoke this license.
## No Liability
***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***
# Code Credit License
Version 1.0.1
## Purpose
This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability and requiring credit for their work.
## Agreement
In order to receive this license, you have to agree
to its rules. Those rules are both obligations under
that agreement and conditions to your license. Don't do
anything with this software that triggers a rule you can't
or won't follow.
## Notices
Make sure everyone who gets a copy of any part of
this software from you, with or without changes,
also gets the text of this license or a link to
<https://codecreditlicense.com/license/1.0.1>.
## Give Credit
You must give this software and each contributor credit
for contributing to goods or services that you develop,
test, produce, or provide with the help of this software.
## How to Give Credit
In general, you must give credit in such a way that others
can freely and readily find a written notice identifying
this software, by name, as a contribution to your goods
or services, as well as each contributor, by name, as a
contributor to this software. You must not do anything
to stop others from sharing, publishing, or using those
credits.
## Conventions
If widespread convention dictates a particular way to
give credit for your kind of goods or services, such as
by end credit for a film, citation for an academic paper,
acknowledgment for a book, or billing for a show, then
follow that convention. For software provided to users to
run on their own computers, give credit in documentation,
notice files, and any "about" page or screen. For software
provided as a web service, give credit in `credits.txt`
according to <https://creditstxt.com>.
## Who to Credit
If contributors give their names or the name of this
software along with the software in a conventional way,
such as in software package metadata or on an "about"
page or screen, you may rely on the names they give that
way to be accurate and complete. If contributors don't
give names that way, but include a link to a homepage
for this software, you must investigate that homepage for
names to credit. If contributors give neither names to
credit nor a link to a homepage, you do not have to do
independent research to find names to credit.
## Declining Credit
On written request from a contributor, you must remove
their name from the credits for your goods or services
going forward. On written request from all credited
contributors to this software, you must do the same for
the name of this software.
## Copyright
Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.
## Patent
Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.
## Excuse
If anyone notifies you in writing that you have
not complied with [Notices](#notices) or [Give
Credit](#give-credit), you can keep your license by
taking all practical steps to comply within thirty days
after the notice. If you do not do so, your license
ends immediately.
## Reliability
No contributor can revoke this license.
## No Liability
***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***
# Code Credit License
Version 1.1.0
## Purpose
This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability and requiring credit for their work.
## Agreement
In order to receive this license, you have to agree
to its rules. Those rules are both obligations under
that agreement and conditions to your license. Don't do
anything with this software that triggers a rule you can't
or won't follow.
## Notices
Make sure everyone who gets a copy of any part of
this software from you, with or without changes,
also gets the text of this license or a link to
<https://codecreditlicense.com/license/1.1.0>.
## Give Credit
Give this software and each contributor credit for
contributing to goods or services that you develop, test,
produce, or provide with the help of this software.
## How to Give Credit
In general, give credit in such a way that others can
freely and readily find a written notice identifying
this software, by name, as a contribution to your goods
or services, as well as each contributor, by name, as a
contributor to this software. Do not do anything to stop
others from sharing, publishing, or using those credits.
## Conventions
If widespread convention dictates a particular way to
give credit for your kind of goods or services, such as
by end credit for a film, citation for an academic paper,
acknowledgment for a book, or billing for a show, then
follow that convention. For software provided to users to
run on their own computers, give credit in documentation,
notice files, and any "about" page or screen. For software
provided as a web service, give credit in `credits.txt`
according to <https://creditstxt.com>.
## Who to Credit
If contributors give their names or the name of this
software along with the software in a conventional way,
such as in software package metadata or on an "about" page
or screen, you may rely on the names they give that way
to be accurate and complete. If contributors don't give
names that way, but include a link to a homepage for this
software, investigate that homepage for names to credit.
If contributors give neither names to credit nor a link
to a homepage, you do not have to do independent research
to find names to credit.
## Declining Credit
On written request from a contributor, remove their name
from the credits for your goods or services going forward.
On written request from all credited contributors to this
software, do the same for the name of this software.
## Copyright
Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.
## Patent
Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.
## Excuse
If anyone notifies you in writing that you have
not complied with [Notices](#notices) or [Give
Credit](#give-credit), you can keep your license by
taking all practical steps to comply within thirty days
after the notice. If you do not do so, your license
ends immediately.
## Reliability
No contributor can revoke this license.
## No Liability
***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***
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EXCEPTION:
==========
The only exception is that plugins developed for CodeLite and are linking against CodeLite sources (either static linking or dynamic linking), and the plugin is NOT one of the official plugins (see list below):
- Abbreviation
- CodeFormatter
- ContinousBuild
- Copyright
- Cscope
- ExternalTools
- Gizmos
- QMakePlugin
- snipwiz
- Subversion
- UnitTestPP
- wxFormBuilder plugin
- Tweaks
- CMakePlugin
- CodeLiteDiff
- SFTP
- ZoomNavigator
- git
- LLDB Debugger
Can be distributed under a license other than the GPL
Permission to use, copy, modify, and distribute this file
for any purpose is hereby granted without fee, provided that
the above copyright notice and this notice appears in all
copies.
This file is distributed WITHOUT ANY WARRANTY; without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
By Mike Ryan (mike@codexia.com)
Copyright (c) 2000, portions (c) Allen Denver
07.30.2000
Some of the code based on Allen Denver's article "Using the Performance Data Helper Library"
Free usage granted in all applications including commercial.
Do NOT distribute without permission from me. I can be reached
at mike@codexia.com, http://www.codexia.com
Please feel free to email me about this class.
Compatibility:
Windows 98, Windows NT 4.0 SP 3 (Dlls required), Windows 2000
Development Environ:
Visual C++ 6.0
Libraries / DLLs:
pdh.lib (linked in)
pdh.dll (provided with Windows 2000, must copy in for NT 4.0)
CognitiveWeb Open Source License
Version 1.1
This CognitiveWeb™ Open Source License (the "License") applies to
CognitiveWeb software products as well as any updates or maintenance
releases of that software ("CognitiveWeb Products") that are distributed
by CognitiveWeb. ("Licensor"). Any CognitiveWeb Product licensed
pursuant to this License is a Licensed Product. Licensed Product, in
its entirety, is protected by U.S. copyright law. This License
identifies the terms under which you may use, copy, distribute or modify
Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature and
scope of this License. However, this Preamble is not a part of this
license. The legal effect of this License is dependent only upon the
terms of the License and not this Preamble. This License complies with
the Open Source Definition and has been approved by Open Source
Initiative. Software distributed under this License may be marked as
"OSI Certified Open Source Software."
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or as
a component of an aggregate software distribution containing programs
from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed
Product, including Modifications made by previous Contributors, are
available for your use. (The terms "Licensed Product," "Modifications,"
"Contributors" and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product,
and you can create Derivative Works from it. (The term "Derivative
Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this
License, you agree that any Modifications you make to the Licensed
Product and then distribute are governed by the provisions of this
License. In particular, you must make the Source Code of your
Modifications available to others.
5. You may use the Licensed Product for any purpose, but the
Licensor is not providing you any warranty whatsoever, nor is the
Licensor accepting any liability in the event that the Licensed Product
doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you
may charge fees for warranty or support, or for accepting indemnity or
liability obligations to your customers. You cannot charge for the
Source Code.
7. If you assert any patent claims against the Licensor relating to
the Licensed Product, or if you breach any terms of the License, your
rights to the Licensed Product under this License automatically
terminate. You may use this License to distribute your own Derivative
Works, in which case the provisions of this License will apply to your
Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other
OSI-approved Open Source license, or under a proprietary license of your
choice. If you use any license other than this License, however, you
must continue to fulfill the requirements of this License (including the
provisions relating to publishing the Source Code) for those portions of
your Derivative Works that consist of the Licensed Product, including
the files containing Modifications.
New versions of this License may be published from time to time. You
may choose to continue to use the license terms in this version of the
License or those from the new version. However, only the Licensor has
the right to change the License terms as they apply to the Licensed
Product. This License relies on precise definitions for certain terms.
Those terms are defined when they are first used, and the definitions
are repeated for your convenience in a Glossary at the end of the
License.
License Terms
1. Grant of License From Licensor. Licensor hereby grants you a
world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and
distribute any Modifications created by such Contributor or portions
thereof, in both Source Code or as an executable program, either on an
unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make, use,
sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications"
means any additions to or deletions from the substance or structure of
(i) a file containing Licensed Product, or (ii) any new file that
contains any part of Licensed Product. Hereinafter in this License, the
term "Licensed Product" shall include all previous Modifications that
you receive from any Contributor. By application of the provisions in
Section 4(a) below, each person or entity who created or contributed to
the creation of, and distributed, a Modification (a "Contributor")
hereby grants you a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, to do the
following:
a. Use, reproduce, modify, display, perform, sublicense and distribute
any Modifications created by such Contributor or portions thereof, in
both Source Code or as an executable program, either on an unmodified
basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make, use,
sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. No patent license is
granted separate from the Licensed Product, for code that you delete
from the Licensed Product, or for combinations of the Licensed Product
with other software or hardware. No right is granted to the trademarks
of Licensor or any Contributor even if such marks are included in the
Licensed Product. Nothing in this License shall be interpreted to
prohibit Licensor from licensing under different terms from this License
any code that Licensor otherwise would have a right to license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an
express condition for your use of the Licensed Product, you hereby agree
that any Modifications that you create or to which you contribute, and
which you distribute, are governed by the terms of this License
including, without limitation, Section 2. Any Modifications that you
create or to which you contribute may be distributed only under the
terms of this License or a future version of this License released under
Section 7. You must include a copy of this License with every copy of
the Modifications you distribute. You agree not to offer or impose any
terms on any Source Code or executable version of the Licensed Product
or Modifications that alter or restrict the applicable version of this
License or the recipients' rights hereunder. However, you may include an
additional document offering the additional rights described in Section
4(e).
b. Availability of Source Code. You must make available, under
the terms of this License, the Source Code of the Licensed Product and
any Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or via
a mechanism generally accepted in the software development community for
the electronic transfer of data (an "Electronic Distribution
Mechanism"). The Source Code for any version of Licensed Product or
Modifications that you distribute must remain available for at least
twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of said Licensed Product
or Modifications has been made available. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
c. Description of Modifications. You must cause any Modifications
that you create or to which you contribute, and which you distribute, to
contain a file documenting the additions, changes or deletions you made
to create or contribute to those Modifications, and the dates of any
such additions, changes or deletions. You must include a prominent
statement that the Modifications are derived, directly or indirectly,
from the Licensed Product and include the names of the Licensor and any
Contributor to the Licensed Product in (i) the Source Code and (ii) in
any notice displayed by a version of the Licensed Product you distribute
or in related documentation in which you describe the origin or
ownership of the Licensed Product. You may not modify or delete any
preexisting copyright notices in the Licensed Product.
d. Intellectual Property Matters.
i. Third Party Claims.
If you have knowledge that a license to a third party's intellectual
property right is required to exercise the rights granted by this
License, you must include a text file with the Source Code distribution
titled "LEGAL" that describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact. If you
obtain such knowledge after you make any Modifications available as
described in Section 4(b), you shall promptly modify the LEGAL file in
all copies you make available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Licensed Product from you
that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include
an application programming interface ("API") and you have knowledge of
patent licenses that are reasonably necessary to implement that API, you
must also include this information in the LEGAL file.
iii. Representations. You represent that, except as
disclosed pursuant to 4(d)(i) above, you believe that any Modifications
you distribute are your original creations and that you have sufficient
rights to grant the rights conveyed by this License.
e. Required Notices. You must duplicate this License in any
documentation you provide along with the Source Code of any
Modifications you create or to which you contribute, and which you
distribute, wherever you describe recipients' rights relating to
Licensed Product. You must duplicate the notice contained in Exhibit A
(the "Notice") in each file of the Source Code of any copy you
distribute of the Licensed Product. If you created a Modification, you
may add your name as a Contributor to the Notice. If it is not possible
to put the Notice in a particular Source Code file due to its structure,
then you must include such Notice in a location (such as a relevant
directory file) where a user would be likely to look for such a notice.
You may choose to offer, and charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Licensed
Product. However, you may do so only on your own behalf, and not on
behalf of the Licensor or any Contributor. You must make it clear that
any such warranty, support, indemnity or liability obligation is offered
by you alone, and you hereby agree to indemnify the Licensor and every
Contributor for any liability incurred by the Licensor or such
Contributor as a result of warranty, support, indemnity or liability
terms you offer.
f. Distribution of Executable Versions. You may distribute
Licensed Product as an executable program under a license of your choice
that may contain terms different from this License provided (i) you have
satisfied the requirements of Sections 4(a) through 4(e) for that
distribution, (ii) you include a conspicuous notice in the executable
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15. Glossary. All defined terms in this License that are used in more
than one Section of this License are repeated here, in alphabetical
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to the developers of the Jabber Open Source License 1.0 (JOSL), from
which this License was derived. This License contains terms that differ
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# Copyfree Open Innovation License
This is version 1.0 of the Copyfree Open Innovation License.
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CommonJ Timer and Work Manager License
General information:
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License Text
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This program is based on zlib-1.1.3,
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EXCEPTION TO THE APACHE 2.0 LICENSE
As a special exception to the Apache License 2.0 (and referring to the
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Preamble
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END OF TERMS AND CONDITIONS
CONDOR PUBLIC LICENSE
Version 1.1, October 30, 2003
Copyright 1990-2006 Condor Team, Computer Sciences Department,
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This software referred to as the Condor
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("Software") was developed by the Condor Project, Condor Team,
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Installation, use, reproduction, display, modification and
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must include the following notice:
"This product includes software from the Condor Project (http://www.condorproject.org/)"
Alternatively, if that is where third-party acknowledgments
normally appear, this acknowledgment must be reproduced in the
Software itself.
Any academic report, publication, or other academic disclosure
of results obtained with this Software will acknowledge this
Software's use by an appropriate citation.
The name Condor
is a registered trademark of the University of
Wisconsin-Madison. The trademark may not be used to endorse or
promote software, or products derived therefrom, and, other than
as required by section 2 and 3 above, it may not be affixed to modified
redistributions of this Software without the prior written
approval, obtainable via email to condor-admin@cs.wisc.edu.
To the extent that patent claims licensable by the University of
Wisconsin-Madison are necessarily infringed by the use or sale of
the Software, you are granted a non-exclusive, worldwide, royalty-
free perpetual license under such patent claims, with the rights
for you to make, use, sell, offer to sell, import and otherwise
transfer the Software in source code and object code form and
derivative works. This patent license shall apply to the
combination of the Software with other software if, at the time
the Software is added by you, such addition of the Software causes
such combination to be covered by such patent claims. This patent
license shall not apply to any other combinations which include
the Software. No hardware per se is licensed hereunder.
If you or any subsequent sub-licensee (a ``Recipient") institutes
patent litigation against any entity (including a cross-claim or
counterclaim in a lawsuit) alleging that the Software infringes
such Recipient's patent(s), then such Recipient's rights granted
(directly or indirectly) under the patent license above shall
terminate as of the date such litigation is filed. All
sublicenses to the Software which have been properly granted prior
to termination shall survive any termination of said patent
license, if not otherwise terminated pursuant to this section.
DISCLAIMER
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
AND THE UNIVERSITY "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS FOR A
PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE COPYRIGHT HOLDERS
AND CONTRIBUTORS AND THE UNIVERSITY MAKE NO REPRESENTATION THAT THE
SOFTWARE, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF,
WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR
OTHER PROPRIETARY RIGHT.
LIMITATION OF LIABILITY
THE COPYRIGHT HOLDERS AND CONTRIBUTORS AND ANY OTHER OFFICER,
AGENT, OR EMPLOYEE OF THE UNIVERSITY SHALL HAVE NO LIABILITY TO
LICENSEE OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS
INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain uses and transfers of the Software or documentation, and/or
items or software incorporating the Condor Software or
documentation, may require a license under U.S. Export Control
laws. Licensee represents and warrants that all uses and transfers
of the Condor Software or documentation and/or any items or
software incorporating Condor shall be in compliance with U.S.
Export Control laws, and Licensee further understands that failure
to comply with such export control laws may result in criminal
liability to Licensee under U.S. laws.
The Condor Team may publish revised and/or new versions of this
Condor Public License (``this License") from time to time. Each
version will be given a distinguishing version number. Once
Software has been published under a particular version of this
License, you may always continue to use it under the terms of that
version. You may also choose to use such Software under the terms
of any subsequent version of this License published by the Condor
Team. No one other than the Condor Team has the right to modify
the terms of this License.
Confluent Community License Version 1.0
This Confluent Community License Agreement Version 1.0 (the “Agreement”) sets forth the terms on which Confluent, Inc. (“Confluent”) makes available certain software made available by Confluent under this Agreement (the “Software”). BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.
LICENSE GRANT AND CONDITIONS.
1.1 License. Subject to the terms and conditions of this Agreement, Confluent hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicenseable license during the term of this Agreement to: (a) use the Software; (b) prepare modifications and derivative works of the Software; (c) distribute the Software (including without limitation in source code or object code form); and (d) reproduce copies of the Software (the “License”). Licensee is not granted the right to, and Licensee shall not, exercise the License for an Excluded Purpose. For purposes of this Agreement, “Excluded Purpose” means making available any software-as-a-service, platform-as-a-service, infrastructure-as-a-service or other similar online service that competes with Confluent products or services that provide the Software.
1.2 Conditions. In consideration of the License, Licensee’s distribution of the Software is subject to the following conditions:
a. Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software.
b. On each Software copy, Licensee shall reproduce and not remove or alter all Confluent or third party copyright or other proprietary notices contained in the Software, and Licensee must provide the notice below with each copy.
“This software is made available by Confluent, Inc., under the terms of the Confluent Community License Agreement, Version 1.0 located at http://www.confluent.io/confluent-community-license. BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.”
1.3 Licensee Modifications. Licensee may add its own copyright notices to modifications made by Licensee and may provide additional or different license terms and conditions for use, reproduction, or distribution of Licensee’s modifications. While redistributing the Software or modifications thereof, Licensee may choose to offer, for a fee or free of charge, support, warranty, indemnity, or other obligations. Licensee, and not Confluent, will be responsible for any such obligations.
1.4 No Sublicensing. The License does not include the right to sublicense the Software, however, each recipient to which Licensee provides the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this Agreement.
TERM AND TERMINATION.
This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently.
INTELLECTUAL PROPERTY.
As between the parties, Confluent will retain all right, title, and interest in the Software, and all intellectual property rights therein. Confluent hereby reserves all rights not expressly granted to Licensee in this Agreement. Confluent hereby reserves all rights in its trademarks and service marks, and no licenses therein are granted in this Agreement.
DISCLAIMER.
CONFLUENT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
LIMITATION OF LIABILITY.
CONFLUENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL.
6.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of California, without reference to its conflict of laws principles. If Licensee is located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Santa Clara County, California. USA. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be Palo Alto, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement to any third party. Confluent may freely assign its rights under this Agreement to any third party.
6.3. Other. This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Confluent of a breach of any provision of this Agreement or the failure by Confluent to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
COOPERATIVE NON-VIOLENT PUBLIC LICENSE v4
Preamble
The Cooperative Non-Violent Public license is a freedom-respecting sharealike
license for both the author of a work as well as those subject to a work.
It aims to protect the basic rights of human beings from exploitation,
the earth from plunder, and the equal treatment of the workers involved in the
creation of the work. It aims to ensure a copyrighted work is forever
available for public use, modification, and redistribution under the same
terms so long as the work is not used for harm. For more information about
the CNPL refer to the official webpage
Official Webpage: https://thufie.lain.haus/NPL.html
Terms and Conditions
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
COOPERATIVE NON-VIOLENT PUBLIC LICENSE v4 ("LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS
LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT,
THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION
FOR ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
1. DEFINITIONS
a. "Act of War" means any action of one country against any group
either with an intention to provoke a conflict or an action that
occurs during a declared war or during armed conflict between
military forces of any origin. This includes but is not limited
to enforcing sanctions or sieges, supplying armed forces,
or profiting from the manufacture of tools or weaponry used in
military conflict.
b. "Adaptation" means a work based upon the Work, or upon the
Work and other pre-existing works, such as a translation,
adaptation, derivative work, arrangement of music or other
alterations of a literary or artistic work, or phonogram or
performance and includes cinematographic adaptations or any
other form in which the Work may be recast, transformed, or
adapted including in any form recognizably derived from the
original, except that a work that constitutes a Collection will
not be considered an Adaptation for the purpose of this License.
For the avoidance of doubt, where the Work is a musical work,
performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be
considered an Adaptation for the purpose of this License.
c. "Bodily Harm" means any physical hurt or injury to a person that
interferes with the health or comfort of the person and that is more
more than merely transient or trifling in nature.
d. "Collection" means a collection of literary or artistic
works, such as encyclopedias and anthologies, or performances,
phonograms or broadcasts, or other works or subject matter other
than works listed in Section 1(i) below, which, by reason of the
selection and arrangement of their contents, constitute
intellectual creations, in which the Work is included in its
entirety in unmodified form along with one or more other
contributions, each constituting separate and independent works
in themselves, which together are assembled into a collective
whole. A work that constitutes a Collection will not be
considered an Adaptation (as defined above) for the purposes of
this License.
e. "Distribute" means to make available to the public the
original and copies of the Work or Adaptation, as appropriate,
through sale, gift or any other transfer of possession or
ownership.
f. "Incarceration" means confinement in a jail, prison, or any
other place where individuals of any kind are held against
either their will or the will of their legal guardians.
g. "Licensor" means the individual, individuals, entity or
entities that offer(s) the Work under the terms of this License.
h. "Original Author" means, in the case of a literary or
artistic work, the individual, individuals, entity or entities
who created the Work or if no individual or entity can be
identified, the publisher; and in addition (i) in the case of a
performance the actors, singers, musicians, dancers, and other
persons who act, sing, deliver, declaim, play in, interpret or
otherwise perform literary or artistic works or expressions of
folklore; (ii) in the case of a phonogram the producer being the
person or legal entity who first fixes the sounds of a
performance or other sounds; and, (iii) in the case of
broadcasts, the organization that transmits the broadcast.
i. "Work" means the literary and/or artistic work offered under
the terms of this License including without limitation any
production in the literary, scientific and artistic domain,
whatever may be the mode or form of its expression including
digital form, such as a book, pamphlet and other writing; a
lecture, address, sermon or other work of the same nature; a
dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or
without words; a cinematographic work to which are assimilated
works expressed by a process analogous to cinematography; a work
of drawing, painting, architecture, sculpture, engraving or
lithography; a photographic work to which are assimilated works
expressed by a process analogous to photography; a work of
applied art; an illustration, map, plan, sketch or
three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a
phonogram; a compilation of data to the extent it is protected
as a copyrightable work; or a work performed by a variety or
circus performer to the extent it is not otherwise considered a
literary or artistic work.
j. "You" means an individual or entity exercising rights under
this License who has not previously violated the terms of this
License with respect to the Work, or who has received express
permission from the Licensor to exercise rights under this
License despite a previous violation.
k. "Publicly Perform" means to perform public recitations of the
Work and to communicate to the public those public recitations,
by any means or process, including by wire or wireless means or
public digital performances; to make available to the public
Works in such a way that members of the public may access these
Works from a place and at a place individually chosen by them;
to perform the Work to the public by any means or process and
the communication to the public of the performances of the Work,
including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or
images.
l. "Reproduce" means to make copies of the Work by any means
including without limitation by sound or visual recordings and
the right of fixation and reproducing fixations of the Work,
including storage of a protected performance or phonogram in
digital form or other electronic medium.
m. "Software" means any digital Work which, through use of a
third-party piece of Software or through the direct usage of
itself on a computer system, the memory of the computer is
modified dynamically or semi-dynamically. "Software",
secondly, processes or interprets information.
n. "Source Code" means the human-readable form of Software
through which the Original Author and/or Distributor originally
created, derived, and/or modified it.
o. "Surveilling" means the use of the Work to either
overtly or covertly observe and record persons and or their
activities.
p. "Web Service" means the use of a piece of Software to
interpret or modify information that is subsequently and directly
served to users over the Internet.
q. "Discriminate" means the use of a work to differentiate between
humans in a such a way which prioritizes some above others on the
basis of percieved membership within certain groups.
r. "Hate Speech" means communication or any form
of expression which is solely for the purpose of expressing hatred
for some group or advocating a form of Discrimination
(to Discriminate per definition in (q)) between humans.
2. FAIR DEALING RIGHTS
Nothing in this License is intended to reduce, limit, or restrict any
uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright
protection under copyright law or other applicable laws.
3. LICENSE GRANT
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or
more Collections, and to Reproduce the Work as incorporated in
the Collections;
b. to create and Reproduce Adaptations provided that any such
Adaptation, including any translation in any medium, takes
reasonable steps to clearly label, demarcate or otherwise
identify that changes were made to the original Work. For
example, a translation could be marked "The original work was
translated from English to Spanish," or a modification could
indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations. The above
rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right
to make such modifications as are technically necessary to
exercise the rights in other media and formats. Subject to
Section 8(g), all rights not expressly granted by Licensor are
hereby reserved, including but not limited to the rights set
forth in Section 4(i).
4. RESTRICTIONS
The license granted in Section 3 above is expressly made subject to and
limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under
the terms of this License. You must include a copy of, or the
Uniform Resource Identifier (URI) for, this License with every
copy of the Work You Distribute or Publicly Perform. You may not
offer or impose any terms on the Work that restrict the terms of
this License or the ability of the recipient of the Work to
exercise the rights granted to that recipient under the terms of
the License. You may not sublicense the Work. You must keep
intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You
Distribute or Publicly Perform. When You Distribute or Publicly
Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of
the Work from You to exercise the rights granted to that
recipient under the terms of the License. This Section 4(a)
applies to the Work as incorporated in a Collection, but this
does not require the Collection apart from the Work itself to be
made subject to the terms of this License. If You create a
Collection, upon notice from any Licensor You must, to the
extent practicable, remove from the Collection any credit as
required by Section 4(h), as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the
extent practicable, remove from the Adaptation any credit as
required by Section 4(h), as requested.
b. Subject to the exception in Section 4(e), you may not
exercise any of the rights granted to You in Section 3 above in
any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The
exchange of the Work for other copyrighted works by means of
digital file-sharing or otherwise shall not be considered to be
intended for or directed toward commercial advantage or private
monetary compensation, provided there is no payment of any
monetary compensation in connection with the exchange of
copyrighted works.
c. If the Work meets the definition of Software, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code of
the Work, to any recipients upon request.
d. If the Work is used as or for a Web Service, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code to the
Work, to any recipients of the data served or modified by the Web
Service.
e. You may exercise the rights granted in Section 3 for
commercial purposes only if you satisfy any of the following:
i. You are a worker-owned business or worker-owned
collective; and
ii. after tax, all financial gain, surplus, profits and
benefits produced by the business or collective are
distributed among the worker-owners unless a set amount
is to be allocated towards community projects as decided
by a previously-established consensus agreement between the
worker-owners where all worker-owners agreed
iii. You are not using such rights on behalf of a business
other than those specified in 4(e.i) and elaborated upon in
4(e.ii), nor are using such rights as a proxy on behalf of a
business with the intent to circumvent the aforementioned
restrictions on such a business.
f. Any use by a business that is privately owned and managed,
and that seeks to generate profit from the labor of employees
paid by salary or other wages, is not permitted under this
license.
g. You may exercise the rights granted in Section 3 for
any purposes only if:
i. You do not use the Work for the purpose of inflicting
Bodily Harm on human beings (subject to criminal
prosecution or otherwise) outside of providing medical aid.
ii.You do not use the Work for the purpose of Surveilling
or tracking individuals for financial gain.
iii. You do not use the Work in an Act of War.
iv. You do not use the Work for the purpose of supporting
or profiting from an Act of War.
v. You do not use the Work for the purpose of Incarceration.
vi. You do not use the Work for the purpose of extracting
oil, gas, or coal.
vii. You do not use the Work for the purpose of
expediting, coordinating, or facilitating paid work
undertaken by individuals under the age of 12 years.
viii. You do not use the Work to either Discriminate or
spread Hate Speech on the basis of sex, sexual orientation,
gender identity, race, age, disability, color, national origin,
religion, or lower economic status.
h. If You Distribute, or Publicly Perform the Work or any
Adaptations or Collections, You must, unless a request has been
made pursuant to Section 4(a), keep intact all copyright notices
for the Work and provide, reasonable to the medium or means You
are utilizing: (i) the name of the Original Author (or
pseudonym, if applicable) if supplied, and/or if the Original
Author and/or Licensor designate another party or parties (e.g.,
a sponsor institute, publishing entity, journal) for attribution
("Attribution Parties") in Licensor!s copyright notice, terms of
service or by other reasonable means, the name of such party or
parties; (ii) the title of the Work if supplied; (iii) to the
extent reasonably practicable, the URI, if any, that Licensor
specifies to be associated with the Work, unless such URI does
not refer to the copyright notice or licensing information for
the Work; and, (iv) consistent with Section 3(b), in the case of
an Adaptation, a credit identifying the use of the Work in the
Adaptation (e.g., "French translation of the Work by Original
Author," or "Screenplay based on original Work by Original
Author"). The credit required by this Section 4(h) may be
implemented in any reasonable manner; provided, however, that in
the case of an Adaptation or Collection, at a minimum such credit
will appear, if a credit for all contributing authors of the
Adaptation or Collection appears, then as part of these credits
and in a manner at least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may
only use the credit required by this Section for the purpose of
attribution in the manner set out above and, by exercising Your
rights under this License, You may not implicitly or explicitly
assert or imply any connection with, sponsorship or endorsement
by the Original Author, Licensor and/or Attribution Parties, as
appropriate, of You or Your use of the Work, without the
separate, express prior written permission of the Original
Author, Licensor and/or Attribution Parties.
i. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties
through any statutory or compulsory licensing scheme
cannot be waived, the Licensor reserves the exclusive
right to collect such royalties for any exercise by You of
the rights granted under this License;
ii. Waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties
through any statutory or compulsory licensing scheme can
be waived, the Licensor reserves the exclusive right to
collect such royalties for any exercise by You of the
rights granted under this License if Your exercise of such
rights is for a purpose or use which is otherwise than
noncommercial as permitted under Section 4(b) and
otherwise waives the right to collect royalties through
any statutory or compulsory licensing scheme; and,
iii.Voluntary License Schemes. The Licensor reserves the
right to collect royalties, whether individually or, in
the event that the Licensor is a member of a collecting
society that administers voluntary licensing schemes, via
that society, from any exercise by You of the rights
granted under this License that is for a purpose or use
which is otherwise than noncommercial as permitted under
Section 4(b).
j. Except as otherwise agreed in writing by the Licensor or as
may be otherwise permitted by applicable law, if You Reproduce,
Distribute or Publicly Perform the Work either by itself or as
part of any Adaptations or Collections, You must not distort,
mutilate, modify or take other derogatory action in relation to
the Work which would be prejudicial to the Original Author's
honor or reputation. Licensor agrees that in those jurisdictions
(e.g. Japan), in which any exercise of the right granted in
Section 3(b) of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or
other derogatory action prejudicial to the Original Author's
honor and reputation, the Licensor will waive or not assert, as
appropriate, this Section, to the fullest extent permitted by
the applicable national law, to enable You to reasonably
exercise Your right under Section 3(b) of this License (right to
make Adaptations) but not otherwise.
k. Do not make any legal claim against anyone accusing the
Work, with or without changes, alone or with other works,
of infringing any patent claim.
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
YOU.
6. LIMITATION ON LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. TERMINATION
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this
License. Individuals or entities who have received Adaptations
or Collections from You under this License, however, will not
have their licenses terminated provided such individuals or
entities remain in full compliance with those licenses. Sections
1, 2, 5, 6, 7, and 8 will survive any termination of this
License.
b. Subject to the above terms and conditions, the license
granted here is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding the above, Licensor
reserves the right to release the Work under different license
terms or to stop distributing the Work at any time; provided,
however that any such election will not serve to withdraw this
License (or any other license that has been, or is required to
be, granted under the terms of this License), and this License
will continue in full force and effect unless terminated as
stated above.
8. REVISED LICENSE VERSIONS
a. This License may receive future revisions in the original
spirit of the license intended to strengthen This License.
Each version of This License has an incrementing version number.
b. Unless otherwise specified like in Section 8(c) The Licensor
has only granted this current version of This License for The Work.
In this case future revisions do not apply.
c. The Licensor may specify that the latest available
revision of This License be used for The Work by either explicitly
writing so or by suffixing the License URI with a "+" symbol.
d. The Licensor may specify that The Work is also available
under the terms of This License's current revision as well
as specific future revisions. The Licensor may do this by
writing it explicitly or suffixing the License URI with any
additional version numbers each separated by a comma.
9. MISCELLANEOUS
a. Each time You Distribute or Publicly Perform the Work or a
Collection, the Licensor offers to the recipient a license to
the Work on the same terms and conditions as the license granted
to You under this License.
b. Each time You Distribute or Publicly Perform an Adaptation,
Licensor offers to the recipient a license to the original Work
on the same terms and conditions as the license granted to You
under this License.
c. If the Work is classified as Software, each time You Distribute
or Publicly Perform an Adaptation, Licensor offers to the recipient
a copy and/or URI of the corresponding Source Code on the same
terms and conditions as the license granted to You under this License.
d. If the Work is used as a Web Service, each time You Distribute
or Publicly Perform an Adaptation, or serve data derived from the
Software, the Licensor offers to any recipients of the data a copy
and/or URI of the corresponding Source Code on the same terms and
conditions as the license granted to You under this License.
e. If any provision of this License is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License,
and without further action by the parties to this agreement,
such provision shall be reformed to the minimum extent necessary
to make such provision valid and enforceable.
f. No term or provision of this License shall be deemed waived
and no breach consented to unless such waiver or consent shall
be in writing and signed by the party to be charged with such
waiver or consent.
g. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to
the Work not specified here. Licensor shall not be bound by any
additional provisions that may appear in any communication from
You. This License may not be modified without the mutual written
agreement of the Licensor and You.
h. The rights granted under, and the subject matter referenced,
in this License were drafted utilizing the terminology of the
Berne Convention for the Protection of Literary and Artistic
Works (as amended on September 28, 1979), the Rome Convention of
1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
and Phonograms Treaty of 1996 and the Universal Copyright
Convention (as revised on July 24, 1971). These rights and
subject matter take effect in the relevant jurisdiction in which
the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty
provisions in the applicable national law. If the standard suite
of rights granted under applicable copyright law includes
additional rights not granted under this License, such
additional rights are deemed to be included in the License; this
License is not intended to restrict the license of any rights
under applicable law.
COOPERATIVE NON-VIOLENT PUBLIC LICENSE v6
Preamble
The Cooperative Non-Violent Public license is a freedom-respecting sharealike
license for both the author of a work as well as those subject to a work.
It aims to protect the basic rights of human beings from exploitation,
the earth from plunder, and the equal treatment of the workers involved in the
creation of the work. It aims to ensure a copyrighted work is forever
available for public use, modification, and redistribution under the same
terms so long as the work is not used for harm. For more information about
the CNPL refer to the official webpage
Official Webpage: https://thufie.lain.haus/NPL.html
Terms and Conditions
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
COOPERATIVE NON-VIOLENT PUBLIC LICENSE ("LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS
LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT,
THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION
FOR ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
1. DEFINITIONS
a. "Act of War" means any action of one country against any group
either with an intention to provoke a conflict or an action that
occurs during a declared war or during armed conflict between
military forces of any origin. This includes but is not limited
to enforcing sanctions or sieges, supplying armed forces,
or profiting from the manufacture of tools or weaponry used in
military conflict.
b. "Adaptation" means a work based upon the Work, or upon the
Work and other pre-existing works, such as a translation,
adaptation, derivative work, arrangement of music or other
alterations of a literary or artistic work, or phonogram or
performance and includes cinematographic adaptations or any
other form in which the Work may be recast, transformed, or
adapted including in any form recognizably derived from the
original, except that a work that constitutes a Collection will
not be considered an Adaptation for the purpose of this License.
For the avoidance of doubt, where the Work is a musical work,
performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be
considered an Adaptation for the purpose of this License. In
addition, where the Work is designed to output a neural network
the output of the neural network will be considered an
Adaptation for the purpose of this license.
c. "Bodily Harm" means any physical hurt or injury to a person that
interferes with the health or comfort of the person and that is more
than merely transient or trifling in nature.
d. "Collection" means a collection of literary or artistic
works, such as encyclopedias and anthologies, or performances,
phonograms or broadcasts, or other works or subject matter other
than works listed in Section 1(i) below, which, by reason of the
selection and arrangement of their contents, constitute
intellectual creations, in which the Work is included in its
entirety in unmodified form along with one or more other
contributions, each constituting separate and independent works
in themselves, which together are assembled into a collective
whole. A work that constitutes a Collection will not be
considered an Adaptation (as defined above) for the purposes of
this License.
e. "Distribute" means to make available to the public the
original and copies of the Work or Adaptation, as appropriate,
through sale, gift or any other transfer of possession or
ownership.
f. "Incarceration" means confinement in a jail, prison, or
any other place where individuals of any kind are held against
either their will or (if their will cannot be determined) the
will of their legal guardian or guardians. In the case of a
conflict between the will of the individual and the will of
their legal guardian or guardians, the will of the
individual will take precedence.
g. "Licensor" means the individual, individuals, entity or
entities that offer(s) the Work under the terms of this License.
h. "Original Author" means, in the case of a literary or
artistic work, the individual, individuals, entity or entities
who created the Work or if no individual or entity can be
identified, the publisher; and in addition (i) in the case of a
performance the actors, singers, musicians, dancers, and other
persons who act, sing, deliver, declaim, play in, interpret or
otherwise perform literary or artistic works or expressions of
folklore; (ii) in the case of a phonogram the producer being the
person or legal entity who first fixes the sounds of a
performance or other sounds; and, (iii) in the case of
broadcasts, the organization that transmits the broadcast.
i. "Work" means the literary and/or artistic work offered under
the terms of this License including without limitation any
production in the literary, scientific and artistic domain,
whatever may be the mode or form of its expression including
digital form, such as a book, pamphlet and other writing; a
lecture, address, sermon or other work of the same nature; a
dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or
without words; a cinematographic work to which are assimilated
works expressed by a process analogous to cinematography; a work
of drawing, painting, architecture, sculpture, engraving or
lithography; a photographic work to which are assimilated works
expressed by a process analogous to photography; a work of
applied art; an illustration, map, plan, sketch or
three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a
phonogram; a compilation of data to the extent it is protected
as a copyrightable work; or a work performed by a variety or
circus performer to the extent it is not otherwise considered a
literary or artistic work.
j. "You" means an individual or entity exercising rights under
this License who has not previously violated the terms of this
License with respect to the Work, or who has received express
permission from the Licensor to exercise rights under this
License despite a previous violation.
k. "Publicly Perform" means to perform public recitations of the
Work and to communicate to the public those public recitations,
by any means or process, including by wire or wireless means or
public digital performances; to make available to the public
Works in such a way that members of the public may access these
Works from a place and at a place individually chosen by them;
to perform the Work to the public by any means or process and
the communication to the public of the performances of the Work,
including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or
images.
l. "Reproduce" means to make copies of the Work by any means
including without limitation by sound or visual recordings and
the right of fixation and reproducing fixations of the Work,
including storage of a protected performance or phonogram in
digital form or other electronic medium.
m. "Software" means any digital Work which, through use of a
third-party piece of Software or through the direct usage of
itself on a computer system, the memory of the computer is
modified dynamically or semi-dynamically. "Software",
secondly, processes or interprets information.
n. "Source Code" means the human-readable form of Software
through which the Original Author and/or Distributor originally
created, derived, and/or modified it.
o. "Surveilling" means the use of the Work to either
overtly or covertly observe and record persons and or their
activities.
p. "Network Service" means the use of a piece of Software to
interpret or modify information that is subsequently and directly
served to users over the Internet.
q. "Discriminate" means the use of a work to differentiate between
humans in a such a way which prioritizes some above others on the
basis of percieved membership within certain groups.
r. "Hate Speech" means communication or any form
of expression which is solely for the purpose of expressing hatred
for some group or advocating a form of Discrimination
(to Discriminate per definition in (q)) between humans.
s. "Coercion" means leveraging of the threat of force or use of force
to intimidate a person in order to gain compliance, or to offer
large incentives which aim to entice a person to act against their
will.
2. FAIR DEALING RIGHTS
Nothing in this License is intended to reduce, limit, or restrict any
uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright
protection under copyright law or other applicable laws.
3. LICENSE GRANT
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or
more Collections, and to Reproduce the Work as incorporated in
the Collections;
b. to create and Reproduce Adaptations provided that any such
Adaptation, including any translation in any medium, takes
reasonable steps to clearly label, demarcate or otherwise
identify that changes were made to the original Work. For
example, a translation could be marked "The original work was
translated from English to Spanish," or a modification could
indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations. The above
rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right
to make such modifications as are technically necessary to
exercise the rights in other media and formats. Subject to
Section 8(g), all rights not expressly granted by Licensor are
hereby reserved, including but not limited to the rights set
forth in Section 4(i).
4. RESTRICTIONS
The license granted in Section 3 above is expressly made subject to and
limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under
the terms of this License. You must include a copy of, or the
Uniform Resource Identifier (URI) for, this License with every
copy of the Work You Distribute or Publicly Perform. You may not
offer or impose any terms on the Work that restrict the terms of
this License or the ability of the recipient of the Work to
exercise the rights granted to that recipient under the terms of
the License. You may not sublicense the Work. You must keep
intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You
Distribute or Publicly Perform. When You Distribute or Publicly
Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of
the Work from You to exercise the rights granted to that
recipient under the terms of the License. This Section 4(a)
applies to the Work as incorporated in a Collection, but this
does not require the Collection apart from the Work itself to be
made subject to the terms of this License. If You create a
Collection, upon notice from any Licensor You must, to the
extent practicable, remove from the Collection any credit as
required by Section 4(h), as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the
extent practicable, remove from the Adaptation any credit as
required by Section 4(h), as requested.
b. Subject to the exception in Section 4(e), you may not
exercise any of the rights granted to You in Section 3 above in
any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The
exchange of the Work for other copyrighted works by means of
digital file-sharing or otherwise shall not be considered to be
intended for or directed toward commercial advantage or private
monetary compensation, provided there is no payment of any
monetary compensation in connection with the exchange of
copyrighted works.
c. If the Work meets the definition of Software, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code of
the Work, to any recipients upon request.
d. If the Work is used as or for a Network Service, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code to the
Work, to any recipients of the data served or modified by the Web
Service.
e. You may exercise the rights granted in Section 3 for
commercial purposes only if:
i. You are a worker-owned business or worker-owned
collective; and
ii. after tax, all financial gain, surplus, profits and
benefits produced by the business or collective are
distributed among the worker-owners unless a set amount
is to be allocated towards community projects as decided
by a previously-established consensus agreement between the
worker-owners where all worker-owners agreed
iii. You are not using such rights on behalf of a business
other than those specified in 4(e.i) and elaborated upon in
4(e.ii), nor are using such rights as a proxy on behalf of a
business with the intent to circumvent the aforementioned
restrictions on such a business.
f. Any use by a business that is privately owned and managed,
and that seeks to generate profit from the labor of employees
paid by salary or other wages, is not permitted under this
license.
g. You may exercise the rights granted in Section 3 for
any purposes only if:
i. You do not use the Work for the purpose of inflicting
Bodily Harm on human beings (subject to criminal
prosecution or otherwise) outside of providing medical aid
or undergoing a voluntary procedure under no form of
Coercion.
ii.You do not use the Work for the purpose of Surveilling
or tracking individuals for financial gain.
iii. You do not use the Work in an Act of War.
iv. You do not use the Work for the purpose of supporting
or profiting from an Act of War.
v. You do not use the Work for the purpose of Incarceration.
vi. You do not use the Work for the purpose of extracting,
processing, or refining, oil, gas, or coal. Or to in any other
way to deliberately pollute the environment as a byproduct
of manufacturing or irresponsible disposal of hazardous materials.
vii. You do not use the Work for the purpose of
expediting, coordinating, or facilitating paid work
undertaken by individuals under the age of 12 years.
viii. You do not use the Work to either Discriminate or
spread Hate Speech on the basis of sex, sexual orientation,
gender identity, race, age, disability, color, national origin,
religion, or lower economic status.
h. If You Distribute, or Publicly Perform the Work or any
Adaptations or Collections, You must, unless a request has been
made pursuant to Section 4(a), keep intact all copyright notices
for the Work and provide, reasonable to the medium or means You
are utilizing: (i) the name of the Original Author (or
pseudonym, if applicable) if supplied, and/or if the Original
Author and/or Licensor designate another party or parties (e.g.,
a sponsor institute, publishing entity, journal) for attribution
("Attribution Parties") in Licensor's copyright notice, terms of
service or by other reasonable means, the name of such party or
parties; (ii) the title of the Work if supplied; (iii) to the
extent reasonably practicable, the URI, if any, that Licensor
to be associated with the Work, unless such URI does
not refer to the copyright notice or licensing information for
the Work; and, (iv) consistent with Section 3(b), in the case of
an Adaptation, a credit identifying the use of the Work in the
Adaptation (e.g., "French translation of the Work by Original
Author," or "Screenplay based on original Work by Original
Author"). The credit required by this Section 4(h) may be
implemented in any reasonable manner; provided, however, that in
the case of an Adaptation or Collection, at a minimum such credit
will appear, if a credit for all contributing authors of the
Adaptation or Collection appears, then as part of these credits
and in a manner at least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may
only use the credit required by this Section for the purpose of
attribution in the manner set out above and, by exercising Your
rights under this License, You may not implicitly or explicitly
assert or imply any connection with, sponsorship or endorsement
by the Original Author, Licensor and/or Attribution Parties, as
appropriate, of You or Your use of the Work, without the
separate, express prior written permission of the Original
Author, Licensor and/or Attribution Parties.
i. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties
through any statutory or compulsory licensing scheme
cannot be waived, the Licensor reserves the exclusive
right to collect such royalties for any exercise by You of
the rights granted under this License;
ii. Waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties
through any statutory or compulsory licensing scheme can
be waived, the Licensor reserves the exclusive right to
collect such royalties for any exercise by You of the
rights granted under this License if Your exercise of such
rights is for a purpose or use which is otherwise than
noncommercial as permitted under Section 4(b) and
otherwise waives the right to collect royalties through
any statutory or compulsory licensing scheme; and,
iii.Voluntary License Schemes. The Licensor reserves the
right to collect royalties, whether individually or, in
the event that the Licensor is a member of a collecting
society that administers voluntary licensing schemes, via
that society, from any exercise by You of the rights
granted under this License that is for a purpose or use
which is otherwise than noncommercial as permitted under
Section 4(b).
j. Except as otherwise agreed in writing by the Licensor or as
may be otherwise permitted by applicable law, if You Reproduce,
Distribute or Publicly Perform the Work either by itself or as
part of any Adaptations or Collections, You must not distort,
mutilate, modify or take other derogatory action in relation to
the Work which would be prejudicial to the Original Author's
honor or reputation. Licensor agrees that in those jurisdictions
(e.g. Japan), in which any exercise of the right granted in
Section 3(b) of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or
other derogatory action prejudicial to the Original Author's
honor and reputation, the Licensor will waive or not assert, as
appropriate, this Section, to the fullest extent permitted by
the applicable national law, to enable You to reasonably
exercise Your right under Section 3(b) of this License (right to
make Adaptations) but not otherwise.
k. Do not make any legal claim against anyone accusing the
Work, with or without changes, alone or with other works,
of infringing any patent claim.
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
YOU.
6. LIMITATION ON LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. TERMINATION
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this
License. Individuals or entities who have received Adaptations
or Collections from You under this License, however, will not
have their licenses terminated provided such individuals or
entities remain in full compliance with those licenses. Sections
1, 2, 5, 6, 7, and 8 will survive any termination of this
License.
b. Subject to the above terms and conditions, the license
granted here is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding the above, Licensor
reserves the right to release the Work under different license
terms or to stop distributing the Work at any time; provided,
however that any such election will not serve to withdraw this
License (or any other license that has been, or is required to
be, granted under the terms of this License), and this License
will continue in full force and effect unless terminated as
stated above.
8. REVISED LICENSE VERSIONS
a. This License may receive future revisions in the original
spirit of the license intended to strengthen This License.
Each version of This License has an incrementing version number.
b. Unless otherwise specified like in Section 8(c) The Licensor
has only granted this current version of This License for The Work.
In this case future revisions do not apply.
c. The Licensor may specify that the latest available
revision of This License be used for The Work by either explicitly
writing so or by suffixing the License URI with a "+" symbol.
d. The Licensor may specify that The Work is also available
under the terms of This License's current revision as well
as specific future revisions. The Licensor may do this by
writing it explicitly or suffixing the License URI with any
additional version numbers each separated by a comma.
9. MISCELLANEOUS
a. Each time You Distribute or Publicly Perform the Work or a
Collection, the Licensor offers to the recipient a license to
the Work on the same terms and conditions as the license granted
to You under this License.
b. Each time You Distribute or Publicly Perform an Adaptation,
Licensor offers to the recipient a license to the original Work
on the same terms and conditions as the license granted to You
under this License.
c. If the Work is classified as Software, each time You Distribute
or Publicly Perform an Adaptation, Licensor offers to the recipient
a copy and/or URI of the corresponding Source Code on the same
terms and conditions as the license granted to You under this License.
d. If the Work is used as a Network Service, each time You Distribute
or Publicly Perform an Adaptation, or serve data derived from the
Software, the Licensor offers to any recipients of the data a copy
and/or URI of the corresponding Source Code on the same terms and
conditions as the license granted to You under this License.
e. If any provision of this License is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License,
and without further action by the parties to this agreement,
such provision shall be reformed to the minimum extent necessary
to make such provision valid and enforceable.
f. No term or provision of this License shall be deemed waived
and no breach consented to unless such waiver or consent shall
be in writing and signed by the party to be charged with such
waiver or consent.
g. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to
the Work not specified here. Licensor shall not be bound by any
additional provisions that may appear in any communication from
You. This License may not be modified without the mutual written
agreement of the Licensor and You.
h. The rights granted under, and the subject matter referenced,
in this License were drafted utilizing the terminology of the
Berne Convention for the Protection of Literary and Artistic
Works (as amended on September 28, 1979), the Rome Convention of
1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
and Phonograms Treaty of 1996 and the Universal Copyright
Convention (as revised on July 24, 1971). These rights and
subject matter take effect in the relevant jurisdiction in which
the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty
provisions in the applicable national law. If the standard suite
of rights granted under applicable copyright law includes
additional rights not granted under this License, such
additional rights are deemed to be included in the License; this
License is not intended to restrict the license of any rights
under applicable law.
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
COOPERATIVE NON-VIOLENT PUBLIC LICENSE (\"LICENSE\"). THE WORK IS
PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS
LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.TO THE
EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR
GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING
THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS LICENSE.
# Definitions
An Act of War is any action of one country against any group either with
an intention to provoke a conflict or an action that occurs during a
declared war or during armed conflict between military forces of any
origin. This includes but is not limited to enforcing sanctions or
sieges, supplying armed forces, or profiting from the manufacture of
tools or weaponry used in military conflict.
An Adaptation is a work based upon the Work, or upon the Work and other
pre-existing works, such as a translation, adaptation, derivative work,
arrangement of music or other alterations of a literary or artistic
work, or phonogram or performance and includes cinematographic
adaptations or any other form in which the Work may be recast,
transformed, or adapted including in any form recognizably derived from
the original, except that a work that constitutes a Collection will not
be considered an Adaptation for the purpose of this License. For the
avoidance of doubt, where the Work is a musical work, performance or
phonogram, the synchronization of the Work in timed-relation with a
moving image (\"synching\") will be considered an Adaptation for the
purpose of this License. In addition, where the Work is designed to
output a neural network the output of the neural network will be
considered an Adaptation for the purpose of this license.
Bodily Harm is any physical hurt or injury to a person that interferes
with the health or comfort of the person and that is more than merely
transient or trifling in nature.
Distribute is to make available to the public the original and copies of
the Work or Adaptation, as appropriate, through sale, gift or any other
transfer of possession or ownership.
Incarceration is Confinement in a jail, prison, or any other place where
individuals of any kind are held against either their will or (if their
will cannot be determined) the will of their legal guardian or
guardians. In the case of a conflict between the will of the individual
and the will of their legal guardian or guardians, the will of the
individual will take precedence.
Licensor is The individual, individuals, entity, or entities that
offer(s) the Work under the terms of this License
Original Author is in the case of a literary or artistic work, the
individual, individuals, entity or entities who created the Work or if
no individual or entity can be identified, the publisher; and in
addition
- in the case of a performance the actors, singers, musicians,
dancers, and other persons who act, sing, deliver, declaim, play in,
interpret or otherwise perform literary or artistic works or
expressions of folklore;
- in the case of a phonogram the producer being the person or legal
entity who first fixes the sounds of a performance or other sounds;
and,
- in the case of broadcasts, the organization that transmits the
broadcast.
Work is the literary and/or artistic work offered under the terms of
this License including without limitation any production in the
literary, scientific and artistic domain, whatever may be the mode or
form of its expression including digital form, such as a book, pamphlet
and other writing; a lecture, address, sermon or other work of the same
nature; a dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or without words;
a cinematographic work to which are assimilated works expressed by a
process analogous to cinematography; a work of drawing, painting,
architecture, sculpture, engraving or lithography; a photographic work
to which are assimilated works expressed by a process analogous to
photography; a work of applied art; an illustration, map, plan, sketch
or three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a phonogram; a
compilation of data to the extent it is protected as a copyrightable
work; or a work performed by a variety or circus performer to the extent
it is not otherwise considered a literary or artistic work.
You means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect
to the Work, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Publicly Perform means to perform public recitations of the Work and to
communicate to the public those public recitations, by any means or
process, including by wire or wireless means or public digital
performances; to make available to the public Works in such a way that
members of the public may access these Works from a place and at a place
individually chosen by them; to perform the Work to the public by any
means or process and the communication to the public of the performances
of the Work, including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or images.
Reproduce is to make copies of the Work by any means including without
limitation by sound or visual recordings and the right of fixation and
reproducing fixations of the Work, including storage of a protected
performance or phonogram in digital form or other electronic medium.
Software is any digital Work which, through use of a third-party piece
of Software or through the direct usage of itself on a computer system,
the memory of the computer is modified dynamically or semi-dynamically.
\"Software\", secondly, processes or interprets information.
Source Code is Any digital Work which, through use of a third-party
piece of Software or through the direct usage of itself on a computer
system, the memory of the computer is modified dynamically or
semi-dynamically. \"Software\", secondly, processes or interprets
information.
Surveilling is the use of the Work to either overtly or covertly observe
and record persons and or their activities.
A Network Service is the use of a piece of Software to interpret or
modify information that is subsequently and directly served to users
over the Internet.
To Discriminate is the use of a piece of Software to interpret or modify
information that is subsequently and directly served to users over the
Internet.
Hate Speech is Communication or any form of expression which is solely
for the purpose of expressing hatred for some group or advocating a form
of Discrimination between humans.
Coercion is leveraging of the threat of force or use of force to
intimidate a person in order to gain compliance, or to offer large
incentives which aim to entice a person to act against their will.
# Fair Dealing Rights
Nothing in this License is intended to reduce, limit, or restrict any
uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright
protection under copyright law or other applicable laws.
# License Grant
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
To Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections
To create and Reproduce Adaptations provided that any such Adaptation,
including any translation in any medium, takes reasonable steps to
clearly label, demarcate or otherwise identify that changes were made to
the original Work. For example, a translation could be marked \"The
original work was translated from English to Spanish,\" or a
modification could indicate \"The original work has been modified.\"
To Distribute and Publicly Perform the Work including as incorporated in
Collections.
To Distribute and Publicly Perform Adaptations. The above rights may be
exercised in all media and formats whether now known or hereafter
devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and
formats. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to the Work
not specified here. Licensor shall not be bound by any additional
provisions that may appear in any communication from You. This License
may not be modified without the mutual written agreement of the Licensor
and You. All rights not expressly granted by Licensor are hereby
reserved, including but not limited to the rights set forth in
Non-waivable Compulsory License Schemes, Waivable Compulsory License
Schemes, and Voluntary License Schemes in the restrictions.
# Restrictions
The license granted in the license grant above is expressly made subject
to and limited by the following restrictions:
You may Distribute or Publicly Perform the Work only under the terms of
this License. You must include a copy of, or the Uniform Resource
Identifier (URI) for, this License with every copy of the Work You
Distribute or Publicly Perform. You may not offer or impose any terms on
the Work that restrict the terms of this License or the ability of the
recipient of the Work to exercise the rights granted to that recipient
under the terms of the License. You may not sublicense the Work. You
must keep intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You Distribute or
Publicly Perform. When You Distribute or Publicly Perform the Work, You
may not impose any effective technological measures on the Work that
restrict the ability of a recipient of the Work from You to exercise the
rights granted to that recipient under the terms of the License. This
Section applies to the Work as incorporated in a Collection, but this
does not require the Collection apart from the Work itself to be made
subject to the terms of this License. If You create a Collection, upon
notice from any Licensor You must, to the extent practicable, remove
from the Collection any credit as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the extent
practicable, remove from the Adaptation any credit as requested.
## Commercial Restrictions
You may not exercise any of the rights granted to You in the above
section in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation unless you meet
the following requirements.
i. You are a worker-owned business or worker-owned collective.
ii. after tax, all financial gain, surplus, profits and benefits
produced by the business or collective are distributed among the
worker-owners unless a set amount is to be allocated towards
community projects as decided by a previously-established consensus
agreement between the worker-owners where all worker-owners agreed.
iii. You are not using such rights on behalf of a business other than
those specified in (i) or (ii) above, nor are using such rights as
a proxy on behalf of a business with the intent to circumvent the
aforementioned restrictions on such a business.
The exchange of the Work for other copyrighted works by means of digital
file-sharing or otherwise shall not be considered to be intended for or
directed toward commercial advantage or private monetary compensation,
provided there is no payment of any monetary compensation in connection
with the exchange of copyrighted works.
If the Work meets the definition of Software, You may exercise the
rights granted in the license grant only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code of the
Work, to any recipients upon request.
If the Work is used as or for a Network Service, You may exercise the
rights granted in the license grant only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code to the
Work, to any recipients of the data served or modified by the Web
Service.
Any use by a business that is privately owned and managed, and that
seeks to generate profit from the labor of employees paid by salary or
other wages, is not permitted under this license.
##
You may exercise the rights granted in the license grant for any
purposes only if:
i. You do not use the Work for the purpose of inflicting Bodily Harm on
human beings (subject to criminal prosecution or otherwise) outside
of providing medical aid or undergoing a voluntary procedure under
no form of Coercion.
ii. You do not use the Work for the purpose of Surveilling or tracking
individuals for financial gain.
iii. You do not use the Work in an Act of War.
iv. You do not use the Work for the purpose of supporting or profiting
from an Act of War.
v. You do not use the Work for the purpose of Incarceration.
vi. You do not use the Work for the purpose of extracting, processing,
or refining, oil, gas, or coal. Or to in any other way to
deliberately pollute the environment as a byproduct of manufacturing
or irresponsible disposal of hazardous materials.
vii. You do not use the Work for the purpose of expediting,
coordinating, or facilitating paid work undertaken by individuals
under the age of 12 years.
viii. You do not use the Work to either Discriminate or spread Hate
Speech on the basis of sex, sexual orientation, gender identity,
race, age, disability, color, national origin, religion, caste, or
lower economic status.
##
If You Distribute, or Publicly Perform the Work or any Adaptations or
Collections, You must, unless a request has been made by any Licensor to
remove credit from a Collection or Adaptation, keep intact all copyright
notices for the Work and provide, reasonable to the medium or means You
are utilizing:
i. the name of the Original Author (or pseudonym, if applicable) if
supplied, and/or if the Original Author and/or Licensor designate
another party or parties (e.g., a sponsor institute, publishing
entity, journal) for attribution (\"Attribution Parties\") in
Licensor\'s copyright notice, terms of service or by other
reasonable means, the name of such party or parties;
ii. the title of the Work if supplied;
iii. to the extent reasonably practicable, the URI, if any, that
Licensor to be associated with the Work, unless such URI does not
refer to the copyright notice or licensing information for the
Work; and,
iv. in the case of an Adaptation, a credit identifying the use of the
Work in the Adaptation (e.g., \"French translation of the Work by
Original Author,\" or \"Screenplay based on original Work by
Original Author\").
If any Licensor has sent notice to request removing credit, You must, to
the extent practicable, remove any credit as requested. The credit
required by this Section may be implemented in any reasonable manner;
provided, however, that in the case of an Adaptation or Collection, at a
minimum such credit will appear, if a credit for all contributing
authors of the Adaptation or Collection appears, then as part of these
credits and in a manner at least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may only use
the credit required by this Section for the purpose of attribution in
the manner set out above and, by exercising Your rights under this
License, You may not implicitly or explicitly assert or imply any
connection with, sponsorship or endorsement by the Original Author,
Licensor and/or Attribution Parties, as appropriate, of You or Your use
of the Work, without the separate, express prior written permission of
the Original Author, Licensor and/or Attribution Parties.
Non-waivable Compulsory License Schemes. In those jurisdictions in which
the right to collect royalties through any statutory or compulsory
licensing scheme cannot be waived, the Licensor reserves the exclusive
right to collect such royalties for any exercise by You of the rights
granted under this License
Waivable Compulsory License Schemes. In those jurisdictions in which the
right to collect royalties through any statutory or compulsory licensing
scheme can be waived, the Licensor reserves the exclusive right to
collect such royalties for any exercise by You of the rights granted
under this License if Your exercise of such rights is for a purpose or
use which is otherwise than noncommercial as permitted under Commercial
Restrictions and otherwise waives the right to collect royalties through
any statutory or compulsory licensing scheme.
Voluntary License Schemes. The Licensor reserves the right to collect
royalties, whether individually or, in the event that the Licensor is a
member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights
granted under this License that is for a purpose or use which is
otherwise than noncommercial as permitted under the license grant.
Except as otherwise agreed in writing by the Licensor or as may be
otherwise permitted by applicable law, if You Reproduce, Distribute or
Publicly Perform the Work either by itself or as part of any Adaptations
or Collections, You must not distort, mutilate, modify or take other
derogatory action in relation to the Work which would be prejudicial to
the Original Author\'shonor or reputation. Licensor agrees that in those
jurisdictions (e.g. Japan), in which any exercise of the right granted
in the license grant of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or other
derogatory action prejudicial to the Original Author\'s honor and
reputation, the Licensor will waive or not assert, as appropriate, this
Section, to the fullest extent permitted by the applicable national law,
to enable You to reasonably exercise Your right under the license grant
of this License (right to make Adaptations) but not otherwise.
Do not make any legal claim against anyone accusing the Work, with or
without changes, alone or with other works, of infringing any patent
claim.
# Representations Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
# Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
# Termination
This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License.
Individuals or entities who have received Adaptations or Collections
from You under this License, however, will not have their licenses
terminated provided such individuals or entities remain in full
compliance with those licenses. The Sections on definitions, fair
dealing rights, representations, warranties, and disclaimer, limitation
on liability, termination, and revised license versions will survive any
termination of this License.
Subject to the above terms and conditions, the license granted here is
perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, Licensor reserves the right to release the
Work under different license terms or to stop distributing the Work at
any time; provided, however that any such election will not serve to
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
# Revised License Versions
This License may receive future revisions in the original spirit of the
license intended to strengthen This License. Each version of This
License has an incrementing version number.
Unless otherwise specified like in the below subsection The Licensor has
only granted this current version of This License for The Work. In this
case future revisions do not apply.
The Licensor may specify that the latest available revision of This
License be used for The Work by either explicitly writing so or by
suffixing the License URI with a \"+\" symbol.
The Licensor may specify that The Work is also available under the terms
of This License\'s current revision as well as specific future
revisions. The Licensor may do this by writing it explicitly or
suffixing the License URI with any additional version numbers each
separated by a comma.
# Miscellaneous
Each time You Distribute or Publicly Perform the Work or a Collection,
the Licensor offers to the recipient a license to the Work on the same
terms and conditions as the license granted to You under this License.
Each time You Distribute or Publicly Perform an Adaptation, Licensor
offers to the recipient a license to the original Work on the same terms
and conditions as the license granted to You under this License.
If the Work is classified as Software, each time You Distribute or
Publicly Perform an Adaptation, Licensor offers to the recipient a copy
and/or URI of the corresponding Source Code on the same terms and
conditions as the license granted to You under this License.
If the Work is used as a Network Service, each time You Distribute or
Publicly Perform an Adaptation, or serve data derived from the Software,
the Licensor offers to any recipients of the data a copy and/or URI of
the corresponding Source Code on the same terms and conditions as the
license granted to You under this License.
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties to this agreement, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
enforceable.
No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with
respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not specified
here. Licensor shall not be bound by any additional provisions that may
appear in any communication from You. This License may not be modified
without the mutual written agreement of the Licensor and You.
The rights granted under, and the subject matter referenced, in this
License were drafted utilizing the terminology of the Berne Convention
for the Protection of Literary and Artistic Works (as amended on
September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and
the Universal Copyright Convention (as revised on July 24, 1971). These
rights and subject matter take effect in the relevant jurisdiction in
which the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty
provisions in the applicable national law. If the standard suite of
rights granted under applicable copyright law includes additional rights
not granted under this License, such additional rights are deemed to be
included in the License; this License is not intended to restrict the
license of any rights under applicable law.
♡ Copying is an act of love. Please copy.
copyleft-next 0.3.0 ("this License")
Release date: 2013-05-16
1. License Grants; No Trademark License
Subject to the terms of this License, I grant You:
a) A non-exclusive, worldwide, perpetual, royalty-free, irrevocable
copyright license, to reproduce, Distribute, prepare derivative works
of, publicly perform and publicly display My Work.
b) A non-exclusive, worldwide, perpetual, royalty-free, irrevocable
patent license under Licensed Patents to make, have made, use, sell,
offer for sale, and import Covered Works.
This License does not grant any rights in My name, trademarks, service
marks, or logos.
2. Distribution: General Conditions
You may Distribute Covered Works, provided that You (i) inform
recipients how they can obtain a copy of this License; (ii) satisfy the
applicable conditions of sections 3 through 6; and (iii) preserve all
Legal Notices contained in My Work (to the extent they remain
pertinent). "Legal Notices" means copyright notices, license notices,
license texts, and author attributions, but does not include logos,
other graphical images, trademarks or trademark legends.
3. Conditions for Distributing Derived Works; Outbound GPL Compatibility
If You Distribute a Derived Work, You must license the entire Derived
Work as a whole under this License, with prominent notice of such
licensing. This condition may not be avoided through such means as
separate Distribution of portions of the Derived Work. You may
additionally license the Derived Work under the GPL, so that the
recipient may further Distribute the Derived Work under either this
License or the GPL.
4. Condition Against Further Restrictions; Inbound License Compatibility
When Distributing a Covered Work, You may not impose further
restrictions on the exercise of rights in the Covered Work granted under
this License. This condition is not excused merely because such
restrictions result from Your compliance with conditions or obligations
extrinsic to this License (such as a court order or an agreement with a
third party).
However, You may Distribute a Covered Work incorporating material
governed by a license that is both OSI-Approved and FSF-Free as of the
release date of this License, provided that Your Distribution complies
with such other license.
5. Conditions for Distributing Object Code
You may Distribute an Object Code form of a Covered Work, provided that
you accompany the Object Code with a URL through which the Corresponding
Source is made available, at no charge, by some standard or customary
means of providing network access to source code.
If you Distribute the Object Code in a physical product or tangible
storage medium ("Product"), the Corresponding Source must be available
through such URL for two years from the date of Your most recent
Distribution of the Object Code in the Product. However, if the Product
itself contains or is accompanied by the Corresponding Source (made
available in a customarily accessible manner), You need not also comply
with the first paragraph of this section.
Each recipient of the Covered Work from You is an intended third-party
beneficiary of this License solely as to this section 5, with the right
to enforce its terms.
6. Symmetrical Licensing Condition for Upstream Contributions
If You Distribute a work to Me specifically for inclusion in or
modification of a Covered Work (a "Patch"), and no explicit licensing
terms apply to the Patch, You license the Patch under this License, to
the extent of Your copyright in the Patch. This condition does not
negate the other conditions of this License, if applicable to the Patch.
7. Nullification of Copyleft/Proprietary Dual Licensing
If I offer to license, for a fee, a Covered Work under terms other than
a license that is OSI-Approved or FSF-Free as of the release date of this
License or a numbered version of copyleft-next released by the
Copyleft-Next Project, then the license I grant You under section 1 is no
longer subject to the conditions in sections 2 through 5.
8. Copyleft Sunset
The conditions in sections 2 through 5 no longer apply once fifteen
years have elapsed from the date of My first Distribution of My Work
under this License.
9. Pass-Through
When You Distribute a Covered Work, the recipient automatically receives
a license to My Work from Me, subject to the terms of this License.
10. Termination
Your license grants under section 1 are automatically terminated if You
a) fail to comply with the conditions of this License, unless You cure
such noncompliance within thirty days after becoming aware of it, or
b) initiate a patent infringement litigation claim (excluding
declaratory judgment actions, counterclaims, and cross-claims)
alleging that any part of My Work directly or indirectly infringes
any patent.
Termination of Your license grants extends to all copies of Covered
Works You subsequently obtain. Termination does not terminate the
rights of those who have received copies or rights from You subject to
this License.
To the extent permission to make copies of a Covered Work is necessary
merely for running it, such permission is not terminable.
11. Later License Versions
The Copyleft-Next Project may release new versions of copyleft-next,
designated by a distinguishing version number ("Later Versions").
Unless I explicitly remove the option of Distributing Covered Works
under Later Versions, You may Distribute Covered Works under any Later
Version.
** 12. No Warranty **
** **
** My Work is provided "as-is", without warranty. You bear the risk **
** of using it. To the extent permitted by applicable law, each **
** Distributor of My Work excludes the implied warranties of title, **
** merchantability, fitness for a particular purpose and **
** non-infringement. **
** 13. Limitation of Liability **
** **
** To the extent permitted by applicable law, in no event will any **
** Distributor of My Work be liable to You for any damages **
** whatsoever, whether direct, indirect, special, incidental, or **
** consequential damages, whether arising under contract, tort **
** (including negligence), or otherwise, even where the Distributor **
** knew or should have known about the possibility of such damages. **
14. Severability
The invalidity or unenforceability of any provision of this License
does not affect the validity or enforceability of the remainder of
this License. Such provision is to be reformed to the minimum extent
necessary to make it valid and enforceable.
15. Definitions
"Copyleft-Next Project" means the project that maintains the source
code repository at <https://gitorious.org/copyleft-next/> as of the
release date of this License.
"Corresponding Source" of a Covered Work in Object Code form means (i)
the Source Code form of the Covered Work; (ii) all scripts,
instructions and similar information that are reasonably necessary for
a skilled developer to generate such Object Code from the Source Code
provided under (i); and (iii) a list clearly identifying all Separate
Works (other than those provided in compliance with (ii)) that were
specifically used in building and (if applicable) installing the
Covered Work (for example, a specified proprietary compiler including
its version number). Corresponding Source must be machine-readable.
"Covered Work" means My Work or a Derived Work.
"Derived Work" means a work of authorship that copies from, modifies,
adapts, is based on, is a derivative work of, transforms, translates or
contains all or part of My Work, such that copyright permission is
required. The following are not Derived Works: (i) Mere Aggregation;
(ii) a mere reproduction of My Work; and (iii) if My Work fails to
explicitly state an expectation otherwise, a work that merely makes
reference to My Work.
"Distribute" means to distribute, transfer or make a copy available to
someone else, such that copyright permission is required.
"Distributor" means Me and anyone else who Distributes a Covered Work.
"FSF-Free" means classified as 'free' by the Free Software Foundation.
"GPL" means a version of the GNU General Public License or the GNU
Affero General Public License.
"I"/"Me"/"My" refers to the individual or legal entity that places My
Work under this License. "You"/"Your" refers to the individual or legal
entity exercising rights in My Work under this License. A legal entity
includes each entity that controls, is controlled by, or is under
common control with such legal entity. "Control" means (a) the power to
direct the actions of such legal entity, whether by contract or
otherwise, or (b) ownership of more than fifty percent of the
outstanding shares or beneficial ownership of such legal entity.
"Licensed Patents" means all patent claims licensable royalty-free by
Me, now or in the future, that are necessarily infringed by making,
using, or selling My Work, and excludes claims that would be infringed
only as a consequence of further modification of My Work.
"Mere Aggregation" means an aggregation of a Covered Work with a
Separate Work.
"My Work" means the particular work of authorship I license to You
under this License.
"Object Code" means any form of a work that is not Source Code.
"OSI-Approved" means approved as 'Open Source' by the Open Source
Initiative.
"Separate Work" means a work that is separate from and independent of a
particular Covered Work and is not by its nature an extension or
enhancement of the Covered Work, and/or a runtime library, standard
library or similar component that is used to generate an Object Code
form of a Covered Work.
"Source Code" means the preferred form of a work for making
modifications to it.
copyleft-next 0.3.1 ("this License")
Release date: 2016-04-29
1. License Grants; No Trademark License
Subject to the terms of this License, I grant You:
a) A non-exclusive, worldwide, perpetual, royalty-free, irrevocable
copyright license, to reproduce, Distribute, prepare derivative works
of, publicly perform and publicly display My Work.
b) A non-exclusive, worldwide, perpetual, royalty-free, irrevocable
patent license under Licensed Patents to make, have made, use, sell,
offer for sale, and import Covered Works.
This License does not grant any rights in My name, trademarks, service
marks, or logos.
2. Distribution: General Conditions
You may Distribute Covered Works, provided that You (i) inform
recipients how they can obtain a copy of this License; (ii) satisfy the
applicable conditions of sections 3 through 6; and (iii) preserve all
Legal Notices contained in My Work (to the extent they remain
pertinent). "Legal Notices" means copyright notices, license notices,
license texts, and author attributions, but does not include logos,
other graphical images, trademarks or trademark legends.
3. Conditions for Distributing Derived Works; Outbound GPL Compatibility
If You Distribute a Derived Work, You must license the entire Derived
Work as a whole under this License, with prominent notice of such
licensing. This condition may not be avoided through such means as
separate Distribution of portions of the Derived Work.
If the Derived Work includes material licensed under the GPL, You may
instead license the Derived Work under the GPL.
4. Condition Against Further Restrictions; Inbound License Compatibility
When Distributing a Covered Work, You may not impose further
restrictions on the exercise of rights in the Covered Work granted under
this License. This condition is not excused merely because such
restrictions result from Your compliance with conditions or obligations
extrinsic to this License (such as a court order or an agreement with a
third party).
However, You may Distribute a Covered Work incorporating material
governed by a license that is both OSI-Approved and FSF-Free as of the
release date of this License, provided that compliance with such
other license would not conflict with any conditions stated in other
sections of this License.
5. Conditions for Distributing Object Code
You may Distribute an Object Code form of a Covered Work, provided that
you accompany the Object Code with a URL through which the Corresponding
Source is made available, at no charge, by some standard or customary
means of providing network access to source code.
If you Distribute the Object Code in a physical product or tangible
storage medium ("Product"), the Corresponding Source must be available
through such URL for two years from the date of Your most recent
Distribution of the Object Code in the Product. However, if the Product
itself contains or is accompanied by the Corresponding Source (made
available in a customarily accessible manner), You need not also comply
with the first paragraph of this section.
Each direct and indirect recipient of the Covered Work from You is an
intended third-party beneficiary of this License solely as to this
section 5, with the right to enforce its terms.
6. Symmetrical Licensing Condition for Upstream Contributions
If You Distribute a work to Me specifically for inclusion in or
modification of a Covered Work (a "Patch"), and no explicit licensing
terms apply to the Patch, You license the Patch under this License, to
the extent of Your copyright in the Patch. This condition does not
negate the other conditions of this License, if applicable to the Patch.
7. Nullification of Copyleft/Proprietary Dual Licensing
If I offer to license, for a fee, a Covered Work under terms other than
a license that is OSI-Approved or FSF-Free as of the release date of this
License or a numbered version of copyleft-next released by the
Copyleft-Next Project, then the license I grant You under section 1 is no
longer subject to the conditions in sections 3 through 5.
8. Copyleft Sunset
The conditions in sections 3 through 5 no longer apply once fifteen
years have elapsed from the date of My first Distribution of My Work
under this License.
9. Pass-Through
When You Distribute a Covered Work, the recipient automatically receives
a license to My Work from Me, subject to the terms of this License.
10. Termination
Your license grants under section 1 are automatically terminated if You
a) fail to comply with the conditions of this License, unless You cure
such noncompliance within thirty days after becoming aware of it, or
b) initiate a patent infringement litigation claim (excluding
declaratory judgment actions, counterclaims, and cross-claims)
alleging that any part of My Work directly or indirectly infringes
any patent.
Termination of Your license grants extends to all copies of Covered
Works You subsequently obtain. Termination does not terminate the
rights of those who have received copies or rights from You subject to
this License.
To the extent permission to make copies of a Covered Work is necessary
merely for running it, such permission is not terminable.
11. Later License Versions
The Copyleft-Next Project may release new versions of copyleft-next,
designated by a distinguishing version number ("Later Versions").
Unless I explicitly remove the option of Distributing Covered Works
under Later Versions, You may Distribute Covered Works under any Later
Version.
** 12. No Warranty **
** **
** My Work is provided "as-is", without warranty. You bear the risk **
** of using it. To the extent permitted by applicable law, each **
** Distributor of My Work excludes the implied warranties of title, **
** merchantability, fitness for a particular purpose and **
** non-infringement. **
** 13. Limitation of Liability **
** **
** To the extent permitted by applicable law, in no event will any **
** Distributor of My Work be liable to You for any damages **
** whatsoever, whether direct, indirect, special, incidental, or **
** consequential damages, whether arising under contract, tort **
** (including negligence), or otherwise, even where the Distributor **
** knew or should have known about the possibility of such damages. **
14. Severability
The invalidity or unenforceability of any provision of this License
does not affect the validity or enforceability of the remainder of
this License. Such provision is to be reformed to the minimum extent
necessary to make it valid and enforceable.
15. Definitions
"Copyleft-Next Project" means the project that maintains the source
code repository at <https://github.com/copyleft-next/copyleft-next.git/>
as of the release date of this License.
"Corresponding Source" of a Covered Work in Object Code form means (i)
the Source Code form of the Covered Work; (ii) all scripts,
instructions and similar information that are reasonably necessary for
a skilled developer to generate such Object Code from the Source Code
provided under (i); and (iii) a list clearly identifying all Separate
Works (other than those provided in compliance with (ii)) that were
specifically used in building and (if applicable) installing the
Covered Work (for example, a specified proprietary compiler including
its version number). Corresponding Source must be machine-readable.
"Covered Work" means My Work or a Derived Work.
"Derived Work" means a work of authorship that copies from, modifies,
adapts, is based on, is a derivative work of, transforms, translates or
contains all or part of My Work, such that copyright permission is
required. The following are not Derived Works: (i) Mere Aggregation;
(ii) a mere reproduction of My Work; and (iii) if My Work fails to
explicitly state an expectation otherwise, a work that merely makes
reference to My Work.
"Distribute" means to distribute, transfer or make a copy available to
someone else, such that copyright permission is required.
"Distributor" means Me and anyone else who Distributes a Covered Work.
"FSF-Free" means classified as 'free' by the Free Software Foundation.
"GPL" means a version of the GNU General Public License or the GNU
Affero General Public License.
"I"/"Me"/"My" refers to the individual or legal entity that places My
Work under this License. "You"/"Your" refers to the individual or legal
entity exercising rights in My Work under this License. A legal entity
includes each entity that controls, is controlled by, or is under
common control with such legal entity. "Control" means (a) the power to
direct the actions of such legal entity, whether by contract or
otherwise, or (b) ownership of more than fifty percent of the
outstanding shares or beneficial ownership of such legal entity.
"Licensed Patents" means all patent claims licensable royalty-free by
Me, now or in the future, that are necessarily infringed by making,
using, or selling My Work, and excludes claims that would be infringed
only as a consequence of further modification of My Work.
"Mere Aggregation" means an aggregation of a Covered Work with a
Separate Work.
"My Work" means the particular work of authorship I license to You
under this License.
"Object Code" means any form of a work that is not Source Code.
"OSI-Approved" means approved as 'Open Source' by the Open Source
Initiative.
"Separate Work" means a work that is separate from and independent of a
particular Covered Work and is not by its nature an extension or
enhancement of the Covered Work, and/or a runtime library, standard
library or similar component that is used to generate an Object Code
form of a Covered Work.
"Source Code" means the preferred form of a work for making
modifications to it.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose, without fee, and without written
agreement is hereby granted, provided that the above copyright notice
and the following two paragraphs appear in all copies of this
software.
IN NO EVENT SHALL THE CORNELL UNIVERSITY BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF CORNELL
UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE CORNELL UNIVERSITY SPECIFICALLY DISCLAIMS ANY WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE
PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND CORNELL UNIVERSITY HAS
NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS,
OR MODIFICATIONS.
The +CAL Software License Agreement Legal Notice
This Software is available without charge but subject to compliance obligations; you can redistribute and/or modify this Software under the terms of the +CAL Software License Agreement (the "Agreement"), as published by the Corporate Accountability Lab NFP ("CAL"), available here: https://www.legaldesign.org/cal-software-license. CAL is a 501(c)(3) non-profit organization based in Chicago, IL that designs legal solutions to protect people and the environment from corporate abuse. Through this Agreement, CAL seeks to empower producers of intellectual property to keep their intellectual property out of unethical supply chains and to support ethical and sustainable commercial use of intellectual property.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; including without even the implied warranty of MERCHANTABILITY, NON-INFRINGEMENT, or FITNESS FOR A PARTICULAR PURPOSE. See the Agreement for more details.
The +CAL Software License Agreement (the "Agreement") (Version 1.1)
By exercising any of the rights licensed below, you (whether an individual or legal entity, the "Licensee") accept and agree to be bound by the terms and conditions of this Agreement. Licensee acknowledges and agrees that Licensee is granted the licensed rights set forth in Section 1 from the party listed above in the legal notice (whether an individual or legal entity, the "Licensor") in consideration of Licensee's acceptance of these terms and conditions, and Licensor grants Licensee such rights in consideration of benefits the Licensor receives from making the software and associated documentation files (the "Software") available under these terms and conditions. Licensor shall notify Corporate Accountability Lab ("CAL") of use of this Agreement by completing the form on the website at https://www.legaldesign.org/cal-software-license. Additional obligations apply only to use of the Software for Commercial Purpose, as stated in Sections 2(b) and 6(a). "Commercial Purpose" means any use of the Software other than for individual, personal, and non-business use and Commercial Purpose includes, without limitation, the (i) internal use of the Software (including Modified Software) for business purposes or (ii) Sharing (defined below) of the Software (including Modified Software) -- alone, in combination with, or embedded in other products or services that are made available to third parties -- for a fee or other consideration, or directly or indirectly in connection with any business.
For consideration Licensee and Licensor agree is satisfactory:
Section 1. License.
(a) Permission is hereby granted by Licensor, on a non-exclusive basis and free of charge to Licensee obtaining a copy of this Software, to use, copy, modify, merge, publish, distribute, embed in other products, sell copies of, or otherwise Share (defined below) the Software, and to permit persons to whom the Software is furnished to do all of the above, subject to compliance with the terms and conditions set forth in this Agreement. For the avoidance of doubt, nothing herein is intended to nor shall be interpreted to interfere with any "fair use" rights available under copyright law nor grant any rights that are not protected by copyright law.
(b) Each time Licensee distributes, publishes, or otherwise makes the Software (or any component thereof) available to another person or entity in any manner (including embedded in another product) ("Share" or "Sharing"), the Licensee's recipient automatically receives a license from the original licensors, including Licensor, subject to this Agreement, and the recipient then becomes a Licensee that must comply with the terms of this Agreement.
(c) If Licensee creates a modified version of the Software (including any derivative work thereof) ("Modified Software"), Licensee may in turn Share the Modified Software; provided, however, that Licensee must apply this Agreement (or a later version) to any Sharing of the Modified Software as further described in Section 2, in which event Licensee would become a licensor and its recipient(s) would become licensee(s) with respect to the Modified Software.
(d) For the avoidance of doubt, Licensor may also offer the Software (but not Modified Software) under separate terms or conditions or stop distributing the Software at any time; however, doing so will not terminate this Agreement to Licensee nor Licensee's obligations pursuant to this Agreement.
Section 2. License Conditions. The grant of rights stated in Section 1 is expressly made subject to ongoing compliance with the following conditions and restrictions (the "Conditions") which are hereby accepted and agreed to by Licensee as obligations:
(a) Notice and Registration. The above legal notice shall be included in all copies or substantial portions of the Software (including Modified Software) in both the code (e.g., in comments included in the source and object code) and human readable form (e.g., in a "readme" file or credits screen). Corporate Accountability Lab requests, though does not require, that Licensee register its use of the Software (including Modified Software) with CAL by completing the form on the website at https://www.legaldesign.org/cal-software-license. For the avoidance of doubt, failure to register use shall not relieve Licensee from its obligations to comply with the Conditions of the Agreement.
(b) Morals Clause for Safe and Environmentally Sustainable Supply Chains. If Licensee is a commercial entity, Licensee accepts a duty of care, as that term is used in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, including without limitation, a requirement to act with the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would use ("Duty of Care") towards any person directly impacted by any supply chain utilizing the Software for Commercial Purposes (e.g., any person working in, or residing in proximity to, any supply chain activities, or person harmed in the production of Licensee's goods or provision of Licensee's services) and towards the environment directly impacted by any supply chain utilizing the Software for Commercial Purposes (e.g., any natural resources used in the production or manufacturing of Licensee's goods or provision of Licensee's services, or environment harmed by the disposal or removal of any by-products created during the production or manufacturing of Licensee's goods or provision of Licensee's services). If Licensee, its subsidiaries, affiliates, contractors, or suppliers should, during the term of this Agreement,
engage in any negligent conduct with respect to any person directly impacted by any supply chain utilizing the Software for Commercial Purposes (e.g., violate any applicable labor law, fail to uphold a Duty of Care towards any worker or impacted person, fail to uphold a Licensee's own corporate-social responsibility commitments), or
engage in any negligent conduct with respect to the environment directly impacted by any supply chain utilizing the Software for Commercial Purposes (e.g., violate any applicable environmental law, fail to conduct environmental impact assessments of supply chain activities or otherwise fail to uphold a Duty of Care towards the environment, fail to uphold Licensee's own environmental commitments),
Licensor and any Third-Party Beneficiary, and only Licensor and any Third-Party Beneficiary, will have the right to terminate this Agreement for cause. This shall not be interpreted to include acts committed by individuals outside the scope of their employment. If the Agreement is terminated pursuant to this clause, Licensor, and any Third-Party Beneficiary will each have an independent right to seek appropriate remedies at law or equity.
Section 3. No Warranties; Liability Limitations.
(a) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(b) To the extent possible, in no event will the Licensor be liable to Licensee on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Agreement or use of the Software, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to Licensee.
(c) Licensor and CAL make no representations or warranties regarding the Agreement, including its legal enforceability. The Agreement is offered on an "AS IS" basis and Licensor and Licensee agree to defend, indemnify, and hold CAL harmless from any claims relating to the use of the Agreement.
(d) The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 4. Term; Survival.
(a) Term and Termination. This Agreement applies for the term of the copyright in the Software licensed hereunder. However, if Licensee fails to comply with this Agreement, then all rights licensed hereunder terminate automatically.
(b) Survival. Sections 2, 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.
Section 5. Equitable Relief; Non-Exclusive Remedies. The parties agree that irreparable damage would occur if any provision of Section 2 were not performed in accordance with the terms hereof by Licensee and that the Licensor and any Third-Party Beneficiary shall be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.
Section 6. Third-Party Beneficiaries.
(a) Licensee acknowledges and agrees that the Conditions are intended to benefit and protect not only Licensor but also any person directly impacted by any supply chain utilizing the Software for Commercial Purposes by creating a Duty of Care relating to the Conditions. Any individual who is injured or suffers damages, including but not limited to workers, laborers, landowners, property owners, those residing in proximity to supply chain activities, survivors of those killed or disabled including but not limited to widows, widowers, children, and community members, due to Licensee's breach of a Duty of Care arising through this Agreement or due to negligent conduct proscribed in the Conditions, is an intended third-party beneficiary of this Agreement ("Third-Party Beneficiary"), having the independent right to seek enforcement of Sections 2, 4, 5, 6, 7, and 8 and any other available remedy at law and equity.
(b) Except as expressly stated in this Agreement, there are no third-party beneficiaries of this Agreement.
Section 7. Interpretation. For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," and "hereunder" refer to this Agreement as a whole. "Conditions" is to be read as both condition and covenant, actionable under both contract and copyright law to the extent permissible by law. Unless the context otherwise requires, references herein to a statute, regulation, treaty, guideline, and similar instruments means such statute, regulation, treaty, guideline, and similar instrument as amended from time to time and includes any successor thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
Section 8. Severability. To the extent possible, if any provision of this Agreement is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable; if the provision cannot be reformed, it shall be severed from this Agreement without affecting the enforceability of the remaining terms and conditions, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Nothing in this Agreement constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or Licensee, including from the legal processes of any jurisdiction or authority to the extent such privileges and immunities may not be waived under applicable law.
The CC+CAL Commercial Use License Agreement Legal Notice
The CC+CAL Commercial Use License Agreement (the "Agreement") is intended to be used in tandem with any standard Creative Commons Public License that does not provide the public with rights to use licensed material for commercial purposes (i.e., a Creative Commons Public License that includes a NonCommercial restriction). Through this Agreement, licensors using a Creative Commons Public License grant additional permissions to the public to use the licensed material for commercial purposes subject to a Morals Clause for Safe and Environmentally Sustainable Supply Chains set forth in this Agreement. For the avoidance of doubt, this Agreement does not modify or customize any Creative Commons Public License. This Agreement is a separate and independent agreement intended to exist alongside a Creative Commons Public License, granting additional permissions not provided by the Creative Commons Public License that pertain specifically to the commercial use of licensed material and the use of licensed material to promote safe and environmentally sustainable supply chains.
The CC+CAL Commercial Use License Agreement is published by the Corporate Accountability Lab NFP ("CAL"). CAL is a 501(c)(3) non-profit organization based in Chicago, IL that designs legal solutions to protect people and the environment from corporate abuse. Through this Agreement, CAL seeks to empower producers of intellectual property to keep their intellectual property out of unethical supply chains and to support ethical and environmentally sustainable commercial use of intellectual property. CAL is not affiliated with Creative Commons and makes no representations as to Creative Commons' opinion of this Agreement or of CAL.
More information about Creative Commons Public Licenses can be found at https://creativecommons.org/choose/.
More information about CCPlus, which denotes the combination of a Creative Commons official license (unmodified and verbatim) with another separate and independent agreement granting more permissions (here, this Agreement), can be found at https://wiki.creativecommons.org/wiki/CCPlus.
The CC+CAL Commercial Use License Agreement (the "Agreement") (Version 1.1)
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Agreement. To the extent this Agreement may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
Section 1 - Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Agreement, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synced in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Agreement.
c. Commercial means primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Agreement, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is Commercial if there is payment of monetary compensation or payment in other goods in connection with the exchange.
d. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Agreement, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
e. Duty of Care means a duty of care as used in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law. For the purposes of this Agreement, a Duty of Care includes, without limitation, a requirement to act with the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would use.
f. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
g. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Agreement.
i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Agreement, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
j. Licensor means the individual(s) or entity(ies) granting rights under this Agreement.
k. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
l. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
m. You means the individual or entity exercising the Licensed Rights under this Agreement. Your has a corresponding meaning.
Section 2 - Scope
a. License grant.
Subject to the terms and conditions of this Agreement, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
A. reproduce and Share the Licensed Material, in whole or in part, for Commercial purposes only; and
B. produce, reproduce, and Share Adapted Material for Commercial purposes only.
2. Exceptions and Limitations.
A. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Agreement does not apply, and You do not need to comply with its terms and conditions.
B. For the avoidance of doubt, this Agreement does not alter, supersede, or terminate any Licensed Rights to the Licensed Material extended by a NonCommercial Creative Commons Public License.
3.Term. The term of this Agreement is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Agreement, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
5. Downstream recipients.
A. Offer from the Licensor - Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Agreement.
B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Agreement constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor, others designated to receive attribution as provided in Section 3(b)(1)(A)(i), or Corporate Accountability Lab.
b. Other rights.
Aside from any moral rights that are exercised by Licensor by including the Morals Clause for Safe and Environmentally Sustainable Supply Chains in Section 3(a), moral rights, such as the right of integrity, are not licensed under this Agreement, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
Patent and trademark rights are not licensed under this Agreement.
To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used for Commercial purposes after Your rights under this Agreement have been terminated pursuant to Section 6(a).
Section 3 - License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
a. Morals Clause for Safe and Environmentally Sustainable Supply Chains. If You are a commercial entity and You exercise the Licensed Rights for Commercial purposes, You accept:
1. a Duty of Care towards any person directly impacted by any supply chain utilizing the Licensed Material for Commercial purposes (e.g., any person working in, or residing in proximity to, any supply chain activities, or person harmed in the production of Your goods or provision of Your services), and
2. a Duty of Care towards the environment directly impacted by any supply chain utilizing the Licensed Material for Commercial purposes (e.g., any natural resources used in the production or manufacturing of Your goods or provision of Your services, or environment harmed by the disposal or removal of any by-products created during the production or manufacturing of Your goods or provision of Your services).
b. Attribution.
1. If You Share the Licensed Material (including in modified form), You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Agreement;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Agreement, and include the text of, or the URI or hyperlink to, this Agreement.
2. You may satisfy the conditions in Section 3(b)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(b)(1)(A) to the extent reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Agreement.
Section 4 - Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for Commercial purposes, subject to the terms and conditions of this Agreement;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(b) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Agreement where the Licensed Rights include other Copyright and Similar Rights.
Section 5 - Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Agreement or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 - Term and Termination.
a. This Agreement applies for the term of the Copyright and Similar Rights licensed here. However, if You, Your subsidiaries, affiliates, contractors, or suppliers should, during the term of this Agreement,
engage in any negligent conduct or conduct in violation of Section 3.a. of this agreement, with respect to any person directly impacted by any supply chain utilizing the Licensed Material for Commercial purposes (e.g., violate any applicable labor law, fail to uphold a Duty of Care towards any worker or impacted person, fail to uphold Your own corporate-social responsibility commitments), or
engage in any negligent conduct or conduct in violation of Section 3.a. of this agreement, with respect to the environment directly impacted by any supply chain utilizing the Licensed Material for Commercial purposes (e.g., violate any applicable environmental law, fail to conduct environmental impact assessments of supply chain activities or otherwise fail to uphold a Duty of Care towards the environment, fail to uphold Your own environmental commitments),
Your rights under this Agreement terminate automatically. For the avoidance of doubt, termination pursuant to this Section 6(a) shall not be triggered by any negligent conduct committed by individuals acting outside the scope of their employment for You, Your subsidiaries, affiliates, contractors, or suppliers.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor and any third-party beneficiary may have to seek remedies for Your violations of this Agreement.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Agreement.
d. Sections 1, 5, 6, 7, 8 and 9 survive termination of this Agreement.
Section 7 -- Third-Party Beneficiaries.
a. Licensor intends the terms of Section 3(a) to benefit and protect not only Licensor but also any person directly impacted by any supply chain utilizing the Licensed Material for Commercial purposes. Any individual who is injured, harmed, or otherwise suffers damages, including but not limited to workers, laborers, landowners, property owners, those residing in proximity to supply chain activities, survivors of those killed or disabled including but not limited to widows, widowers, children, and community members, due to Your breach of a Duty of Care arising through this Agreement or through negligent conduct proscribed in Section 6(a)(1)-(2), is an intended third-party beneficiary of this Agreement, having the independent right to seek remedies for Your violations of this Agreement, including but not limited to termination of Your Licensed Rights.
b. Except as expressly stated in this Agreement, there are no third-party beneficiaries of this Agreement.
Section 8 - Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Agreement.
Section 9 - Interpretation.
a. For the avoidance of doubt, this Agreement does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Agreement.
b. To the extent possible, if any provision of this Agreement is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Agreement without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Agreement will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
Nothing in this Agreement constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Cougaar Open Source License
The Cougaar Open Source License (COSL) is a modified version of the OSI
approved BSD License. Sections 3 and 4 have been modified.
COSL License :
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the original author's copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the original author's copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if
any, must include the following acknowledgement: "This product includes
software developed in part by support from the Defense Advanced Research
Project Agency (DARPA)."
4. Neither the name of the DARPA nor the names of its contributors may
be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Civilian Open Source License (COSLi)
-------------------------------------------------------------------------------
Copyright (c) 2017-2019 The Fieldtracks Project. All rights reserved.
Based on the OpenSSL License // Copyright (c) The OpenSSL Project
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. The software must not be used for millitary purposes. This includes:
(i) use in the context of military operations (i.e. trainings, maneuvers,
combat), (ii) use by armed forces, private military companies and
intelligence services and (iii) use in cooperation with such
organisations. Please contact info@fieldtracks.org for:
- A written permission in dual-use situations.
- Clarification for a specific application, organisation or
use-case.
- Re-licensing for inclusion in other OpenSource projects (i.e. GPL
based ones).
2. Redistributions of source code must retain the above copyright
notice, this list of conditions, this restriction on military usage
and the following disclaimer.
3. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions, this restriction on military usage
and the following disclaimer in the documentation and/or other
materials provided with the distribution.
4. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by the fieldtracks Project
(https://www.fieldtracks.org/)"
5. The name "Fieldtracks" must not be used to
endorse or promote products derived from this software without
prior written permission. For written permission, please contact
info@fieldtracks.org.
6. Products derived from this software may not be called "Fieldtracks"
nor may "Fieldtracks" appear in their names without prior written
permission of the Fieldtracks Project.
7. Redistributions of any form whatsoever must retain the restriction on
military usage and following acknowledgment:
"This product includes software developed by the Fieldtracks Project
(https://fieldtracks.org/) - military use is forbidden"
THIS SOFTWARE IS PROVIDED BY THE Fieldtracks PROJECT ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE Fieldtracks PROJECT OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. MILITARY USAGE IS FORBIDDEN.
COUCHBASE INC. COMMUNITY EDITION LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: BY CLICKING THE "I ACCEPT" BOX OR
INSTALLING, DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ANY
ASSOCIATED DOCUMENTATION, YOU, ON BEHALF OF YOURSELF OR AS AN
AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY ("LICENSEE") AGREE TO
ALL THE TERMS OF THIS COMMUNITY EDITION LICENSE AGREEMENT (THE
"AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. YOU REPRESENT AND
WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THE LICENSEE TO
THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT
SELECT THE "I ACCEPT" BOX AND DO NOT INSTALL, DOWNLOAD OR OTHERWISE
USE THE SOFTWARE. THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE ON
WHICH YOU CLICK "I ACCEPT" OR OTHERWISE INSTALL, DOWNLOAD OR USE THE
SOFTWARE.
1. License Grant. Couchbase Inc. hereby grants Licensee, free of
charge, the non-exclusive right to use, copy, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
Licensee including the following copyright notice in all copies or
substantial portions of the Software:
Couchbase (r)
http://www.Couchbase.com
Copyright 2010 Couchbase, Inc.
As used in this Agreement, "Software" means the object code version of
the applicable elastic data management server software provided by
Couchbase Inc..
2. Support. Couchbase Inc. will provide Licensee with access to, and
use of, the Couchbase Inc. support forum available at the following
URL: http://couchbase.com . Couchbase Inc. may, at its discretion,
modify, suspend or terminate support at any time upon notice to
Licensee.
3. Warranty Disclaimer and Limitation of Liability. THE SOFTWARE IS
PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT
SHALL COUCHBASE INC. OR THE AUTHORS OR COPYRIGHT HOLDERS IN THE
SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES (IINCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES) OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
COUCHBASE INC. ENTERPRISE LICENSE AGREEMENT - FREE EDITION
IMPORTANT-READ CAREFULLY: BY CLICKING THE "I ACCEPT" BOX OR INSTALLING,
DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ANY ASSOCIATED
DOCUMENTATION, YOU, ON BEHALF OF YOURSELF OR AS AN AUTHORIZED
REPRESENTATIVE ON BEHALF OF AN ENTITY ("LICENSEE") AGREE TO ALL THE
TERMS OF THIS ENTERPRISE LICENSE AGREEMENT - FREE EDITION (THE
"AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. YOU REPRESENT AND
WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THE LICENSEE TO THIS
AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT SELECT
THE "I ACCEPT" BOX AND DO NOT INSTALL, DOWNLOAD OR OTHERWISE USE THE
SOFTWARE. THE EFFECTIVE DATE OF THIS AGREEMENT IS THE DATE ON WHICH YOU
CLICK "I ACCEPT" OR OTHERWISE INSTALL, DOWNLOAD OR USE THE SOFTWARE.
1. License Grant. Subject to Licensee's compliance with the terms and
conditions of this Agreement, Couchbase Inc. hereby grants to Licensee a
perpetual, non-exclusive, non-transferable, non-sublicensable,
royalty-free, limited license to install and use the Software only for
Licensee's own internal production use on up to two (2) Licensed Servers
or for Licensee's own internal non-production use for the purpose of
evaluation and/or development on an unlimited number of Licensed
Servers.
2. Restrictions. Licensee will not: (a) copy or use the Software in any
manner except as expressly permitted in this Agreement; (b) use or
deploy the Software on any server in excess of the Licensed Servers for
which Licensee has paid the applicable Subscription Fee unless it is
covered by a valid license; (c) transfer, sell, rent, lease, lend,
distribute, or sublicense the Software to any third party; (d) use the
Software for providing time-sharing services, service bureau services or
as part of an application services provider or as a service offering
primarily designed to offer the functionality of the Software; (e)
reverse engineer, disassemble, or decompile the Software (except to the
extent such restrictions are prohibited by law); (f) alter, modify,
enhance or prepare any derivative work from or of the Software; (g)
alter or remove any proprietary notices in the Software; (h) make
available to any third party the functionality of the Software or any
license keys used in connection with the Software; (i) publically
display or communicate the results of internal performance testing or
other benchmarking or performance evaluation of the Software; or (j)
export the Software in violation of U.S. Department of Commerce export
administration rules or any other export laws or regulations.
3. Proprietary Rights. The Software, and any modifications or
derivatives thereto, is and shall remain the sole property of Couchbase
Inc. and its licensors, and, except for the license rights granted
herein, Couchbase Inc. and its licensors retain all right, title and
interest in and to the Software, including all intellectual property
rights therein and thereto. The Software may include third party open
source software components. If Licensee is the United States Government
or any contractor thereof, all licenses granted hereunder are subject to
the following: (a) for acquisition by or on behalf of civil agencies, as
necessary to obtain protection as "commercial computer software" and
related documentation in accordance with the terms of this Agreement and
as specified in Subpart 12.1212 of the Federal Acquisition Regulation
(FAR), 48 C.F.R.12.1212, and its successors; and (b) for acquisition by
or on behalf of the Department of Defense (DOD) and any agencies or
units thereof, as necessary to obtain protection as "commercial computer
software" and related documentation in accordance with the terms of this
Agreement and as specified in Subparts 227.7202-1 and 227.7202-3 of the
DOD FAR Supplement, 48 C.F.R.227.7202-1 and 227.7202-3, and its
successors. Manufacturer is Couchbase, Inc.
4. Support. Couchbase Inc. will provide Licensee with: (a) periodic
Software updates to correct known bugs and errors to the extent
Couchbase Inc. incorporates such corrections into the free edition
version of the Software; and (b) access to, and use of, the Couchbase
Inc. support forum available at the following URL:
http://www.couchbase.org/forums/. Licensee must have Licensed Servers
at the same level of Support Services for all instances in a production
deployment running the Software. Licensee must also have Licensed
Servers at the same level of Support Services for all instances in a
development and test environment running the Software, although these
Support Services may be at a different level than the production
Licensed Servers. Couchbase Inc. may, at its discretion, modify,
suspend or terminate support at any time upon notice to Licensee.
5. Records Retention and Audit. Licensee shall maintain complete and
accurate records to permit Couchbase Inc. to verify the number of
Licensed Servers used by Licensee hereunder. Upon Couchbase Inc.'s
written request, Licensee shall: (a) provide Couchbase Inc. with such
records within ten (10) days; and (b) will furnish Couchbase Inc. with a
certification signed by an officer of Licensee verifying that the
Software is being used pursuant to the terms of this Agreement. Upon at
least thirty (30) days prior written notice, Couchbase Inc. may audit
Licensee's use of the Software to ensure that Licensee is in compliance
with the terms of this Agreement. Any such audit will be conducted
during regular business hours at Licensee's facilities and will not
unreasonably interfere with Licensee's business activities. Licensee
will provide Couchbase Inc. with access to the relevant Licensee records
and facilities. If an audit reveals that Licensee has used the Software
in excess of the authorized Licensed Servers, then (i) Couchbase Inc.
will invoice Licensee, and Licensee will promptly pay Couchbase Inc.,
the applicable licensing fees for such excessive use of the Software,
which fees will be based on Couchbase Inc.'s price list in effect at the
time the audit is completed; and (ii) Licensee will pay Couchbase Inc.'s
reasonable costs of conducting the audit.
6. Confidentiality. Licensee and Couchbase Inc. will maintain the
confidentiality of Confidential Information. The receiving party of any
Confidential Information of the other party agrees not to use such
Confidential Information for any purpose except as necessary to fulfill
its obligations and exercise its rights under this Agreement. The
receiving party shall protect the secrecy of and prevent disclosure and
unauthorized use of the disclosing party's Confidential Information
using the same degree of care that it takes to protect its own
confidential information and in no event shall use less than reasonable
care. The terms of this Confidentiality section shall survive
termination of this Agreement. Upon termination or expiration of this
Agreement, the receiving party will, at the disclosing party's option,
promptly return or destroy (and provide written certification of such
destruction) the disclosing party's Confidential Information.
7. Disclaimer of Warranty. THE SOFTWARE AND ANY SERVICES PROVIDED
HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COUCHBASE
INC. DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICES PROVIDED
HEREUNDER WILL MEET LICENSEE'S REQUIREMENTS, THAT THE SOFTWARE WILL
OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT FOR USE, THAT THE
OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT
ALL SOFTWARE ERRORS WILL BE CORRECTED. COUCHBASE INC. HEREBY DISCLAIMS
ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING, USAGE OR TRADE.
8. Agreement Term and Termination. The term of this Agreement shall
begin on the Effective Date and will continue until terminated by the
parties. Licensee may terminate this Agreement for any reason, or for no
reason, by providing at least ten (10) days prior written notice to
Couchbase Inc. Couchbase Inc. may terminate this Agreement if Licensee
materially breaches its obligations hereunder and, where such breach is
curable, such breach remains uncured for ten (10) days following written
notice of the breach. Licensee acknowledges that the Software may
contain a license key with a time-out mechanism that will suspend and/or
terminate Licensee's use of the Software upon termination of this
Agreement. Upon termination of this Agreement, Licensee will, at
Couchbase Inc.'s option, promptly return or destroy (and provide written
certification of such destruction) the applicable Software and all
copies and portions thereof, in all forms and types of media. The
following sections will survive termination or expiration of this
Agreement: Sections 2, 3, 6, 7, 8, 9, 10 and 11.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL COUCHBASE INC. OR ITS LICENSORS BE
LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR THE COST OF
PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN ANY WAY
RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR
INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR THE SERVICES PROVIDED
BY COUCHBASE INC. HEREUNDER INCLUDING, WITHOUT LIMITATION, DAMAGES OR
OTHER LOSSES FOR LOSS OF USE, LOSS OF BUSINESS, LOSS OF GOODWILL, WORK
STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY
THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT
OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT WILL COUCHBASE
INC.'S OR ITS LICENSORS' AGGREGATE LIABILITY TO LICENSEE, FROM ALL
CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED ONE
THOUSAND DOLLARS (US $1,000). The parties expressly acknowledge and
agree that Couchbase Inc. has set its prices and entered into this
Agreement in reliance upon the limitations of liability specified
herein, which allocate the risk between Couchbase Inc. and Licensee and
form a basis of the bargain between the parties.
10. General. Couchbase Inc. shall not be liable for any delay or failure
in performance due to causes beyond its reasonable control. Neither
party will, without the other party's prior written consent, make any
news release, public announcement, denial or confirmation of this
Agreement, its value, or its terms and conditions, or in any manner
advertise or publish the fact of this Agreement. Notwithstanding the
above, Couchbase Inc. may use Licensee's name and logo, consistent with
Licensee's trademark policies, on customer lists so long as such use in
no way promotes either endorsement or approval of Couchbase Inc. or any
Couchbase Inc. products or services. Licensee may not assign this
Agreement, in whole or in part, by operation of law or otherwise,
without Couchbase Inc.'s prior written consent. Any attempt to assign
this Agreement, without such consent, will be null and of no effect.
Subject to the foregoing, this Agreement will bind and inure to the
benefit of each party's successors and permitted assigns. If for any
reason a court of competent jurisdiction finds any provision of this
Agreement invalid or unenforceable, that provision of the Agreement will
be enforced to the maximum extent permissible and the other provisions
of this Agreement will remain in full force and effect. The failure by
either party to enforce any provision of this Agreement will not
constitute a waiver of future enforcement of that or any other
provision. All waivers must be in writing and signed by both parties.
All notices permitted or required under this Agreement shall be in
writing and shall be delivered in person, by confirmed facsimile,
overnight courier service or mailed by first class, registered or
certified mail, postage prepaid, to the address of the party specified
above or such other address as either party may specify in writing. Such
notice shall be deemed to have been given upon receipt. This Agreement
shall be governed by the laws of the State of California, U.S.A.,
excluding its conflicts of law rules. The parties expressly agree that
the UN Convention for the International Sale of Goods (CISG) will not
apply. Any legal action or proceeding arising under this Agreement will
be brought exclusively in the federal or state courts located in the
Northern District of California and the parties hereby irrevocably
consent to the personal jurisdiction and venue therein. Any amendment or
modification to the Agreement must be in writing signed by both parties.
This Agreement constitutes the entire agreement and supersedes all prior
or contemporaneous oral or written agreements regarding the subject
matter hereof. To the extent there is a conflict between this Agreement
and the terms of any "shrinkwrap" or "clickwrap" license included in any
package, media, or electronic version of Couchbase Inc.-furnished
software, the terms and conditions of this Agreement will control. Each
of the parties has caused this Agreement to be executed by its duly
authorized representatives as of the Effective Date. Except as expressly
set forth in this Agreement, the exercise by either party of any of its
remedies under this Agreement will be without prejudice to its other
remedies under this Agreement or otherwise. The parties to this
Agreement are independent contractors and this Agreement will not
establish any relationship of partnership, joint venture, employment,
franchise, or agency between the parties. Neither party will have the
power to bind the other or incur obligations on the other's behalf
without the other's prior written consent.
11. Definitions. Capitalized terms used herein shall have the following
definitions: "Confidential Information" means any proprietary
information received by the other party during, or prior to entering
into, this Agreement that a party should know is confidential or
proprietary based on the circumstances surrounding the disclosure
including, without limitation, the Software and any non-public technical
and business information. Confidential Information does not include
information that (a) is or becomes generally known to the public through
no fault of or breach of this Agreement by the receiving party; (b) is
rightfully known by the receiving party at the time of disclosure
without an obligation of confidentiality; (c) is independently developed
by the receiving party without use of the disclosing party's
Confidential Information; or (d) the receiving party rightfully obtains
from a third party without restriction on use or disclosure.
"Documentation" means any technical user guides or manuals provided by
Couchbase Inc. related to the Software. "Licensed Server" means an
instance of the Software running on one (1) operating system. Each
operating system instance may be running directly on physical hardware,
in a virtual machine, or on a cloud server. "Couchbase Website" means
www.couchbase.com."Software" means the object code version of the
applicable elastic data management server software provided by Couchbase
Inc. and ordered by Licensee during the ordering process on the
Couchbase Website. If you have any questions regarding this Agreement,
please contact us at 650-417-7500.
Common Public Attribution License Version 1.0 (CPAL)
1. "Definitions"
1.0.1 "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1 "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2 "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3 "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5 "Executable" means Covered Code in any form other than Source Code.
1.6 "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8 "License" means this document.
1.8.1 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10 "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1 "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11 "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor’s choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12 "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2 Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients’ rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party’s intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor’s Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor’s Modifications are Contributor’s original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients’ rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients’ rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient’s rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer, Original Developer or any Contributor. You hereby agree to indemnify the Initial Developer, Original Developer and every Contributor for any liability incurred by the Initial Developer, Original Developer or such Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions.
Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Socialtext. No one other than Socialtext has the right to modify the terms applicable to Covered Code created under this License.
6.3 Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Socialtext", "CPAL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the CPAL. (Filling in the name of the Initial Developer, Original Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer, Original Developer or a Contributor (the Initial Developer, Original Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant’s Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant’s Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging that such Participant’s Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer, Original Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer, Original Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the CPAL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
14. ADDITIONAL TERM: ATTRIBUTION
(a) As a modest attribution to the organizer of the development of the Original Code ("Original Developer"), in the hope that its promotional value may help justify the time, money and effort invested in writing the Original Code, the Original Developer may include in Exhibit B ("Attribution Information") a requirement that each time an Executable and Source Code or a Larger Work is launched or initially run (which includes initiating a session), a prominent display of the Original Developer’s Attribution Information (as defined below) must occur on the graphic user interface employed by the end user to access such Covered Code (which may include display on a splash screen), if any. The size of the graphic image should be consistent with the size of the other elements of the Attribution Information. If the access by the end user to the Executable and Source Code does not create a graphic user interface for access to the Covered Code, this obligation shall not apply. If the Original Code displays such Attribution Information in a particular form (such as in the form of a splash screen, notice at login, an "about" display, or dedicated attribution area on user interface screens), continued use of such form for that Attribution Information is one way of meeting this requirement for notice.
(b) Attribution information may only include a copyright notice, a brief phrase, graphic image and a URL ("Attribution Information") and is subject to the Attribution Limits as defined below. For these purposes, prominent shall mean display for sufficient duration to give reasonable notice to the user of the identity of the Original Developer and that if You include Attribution Information or similar information for other parties, You must ensure that the Attribution Information for the Original Developer shall be no less prominent than such Attribution Information or similar information for the other party. For greater certainty, the Original Developer may choose to specify in Exhibit B below that the above attribution requirement only applies to an Executable and Source Code resulting from the Original Code or any Modification, but not a Larger Work. The intent is to provide for reasonably modest attribution, therefore the Original Developer cannot require that You display, at any time, more than the following information as Attribution Information: (a) a copyright notice including the name of the Original Developer; (b) a word or one phrase (not exceeding 10 words); (c) one graphic image provided by the Original Developer; and (d) a URL (collectively, the "Attribution Limits").
(c) If Exhibit B does not include any Attribution Information, then there are no requirements for You to display any Attribution Information of the Original Developer.
(d) You acknowledge that all trademarks, service marks and/or trade names contained within the Attribution Information distributed with the Covered Code are the exclusive property of their owners and may only be used with the permission of their owners, or under circumstances otherwise permitted by law or as expressly set out in this License.
15. ADDITIONAL TERM: NETWORK USE.
The term "External Deployment" means the use, distribution, or communication of the Original Code or Modifications in any way such that the Original Code or Modifications may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Code or Modifications as a distribution under section 3.1 and make Source Code available under Section 3.2.
EXHIBIT A. Common Public Attribution License Version 1.0.
"The contents of this file are subject to the Common Public Attribution License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at . The License is based on the Mozilla Public License Version 1.1 but Sections 14 and 15 have been added to cover use of software over a computer network and provide for limited attribution for the Original Developer. In addition, Exhibit A has been modified to be consistent with Exhibit B.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is .
The Original Developer is not the Initial Developer and is . If left blank, the Original Developer is the Initial Developer.
The Initial Developer of the Original Code is . All portions of the code written by are Copyright (c) . All Rights Reserved.
Contributor .
Alternatively, the contents of this file may be used under the terms of the license (the [ ] License), in which case the provisions of [ ] License are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms of the [ ] License and not to allow others to use your version of this file under the CPAL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [ ] License. If you do not delete the provisions above, a recipient may use your version of this file under either the CPAL or the [ ] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
EXHIBIT B. Attribution Information
Attribution Copyright Notice:
Attribution Phrase (not exceeding 10 words):
Attribution URL:
Graphic Image as provided in the Covered Code, if any.
Display of Attribution Information is [required/not required] in Larger Works which are defined in the CPAL as a work which combines Covered Code or portions thereof with code not governed by the terms of the CPAL.
Common Public License Version 0.5
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates' from
a Contributor if it was added to the Program by such Contributor itself or
anyone acting on such Contributor's behalf. Contributions do not include
additions to the Program which: (i) are separate modules of software
distributed in conjunction with the Program under their own license
agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any, and
such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents to make, use, sell, offer to sell, import and otherwise
transfer the Contribution of such Contributor, if any, in source code and
object code form. This patent license shall apply to the combination of the
Contribution and the Program if, at the time the Contribution is added by
the Contributor, such addition of the Contribution causes such combination
to be covered by the Licensed Patents. The patent license shall not apply to
any other combinations which include the Contribution. No hardware per se is
licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor disclaims
any liability to Recipient for claims brought by any other entity based on
infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is required to
allow Recipient to distribute the Program, it is Recipient's responsibility
to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license
set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its
own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title
and non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered
by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner
on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the
Program.
Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors. Therefore, if
a Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and other legal
actions brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial Contributor in
connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor to
control, and cooperate with the Commercial Contributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may participate in
any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its exercise of
rights under this Agreement, including but not limited to the risks and costs of
program errors, compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such Recipient
under this Agreement shall terminate as of the date such litigation is filed. In
addition, If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue and
survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
as the Agreement Steward to a suitable separate entity. Each new version of the
Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the Agreement
under which it was received. In addition, after a new version of the Agreement
is published, Contributor may elect to distribute the Program (including its
Contributions) under the new version. Except as expressly stated in Sections
2(a) and 2(b) above, Recipient receives no rights or licenses to the
intellectual property of any Contributor under this Agreement, whether
expressly, by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial in
any resulting litigation.
Common Public License - v 1.0
Updated 16 Apr 2009
As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the CPL to the Eclipse Foundation. Eclipse has designated the Eclipse Public License (EPL) as the follow-on version of the CPL.
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Let this paragraph represent a right to use, distribute, modify, enhance, and otherwise
make available in a nonexclusive manner CP/M and its derivatives. This right comes from
the company, DRDOS, Inc.'s purchase of Digital Research, the company and all assets,
dating back to the mid-1990's. DRDOS, Inc. and I, Bryan Sparks, President of DRDOS,
Inc. as its representative, is the owner of CP/M and the successor in interest of
Digital Research assets.
The Code Project Open License (CPOL) 1.0
***** Preamble *****
This License governs Your use of the Work. This License is intended to allow
developers to use the Source Code and Executable Files provided as part of the
Work in any application in any form.
The main points subject to the terms of the License are:
* Source Code and Executable Files can be used in commercial applications;
* Source Code and Executable Files can be redistributed; and
* Source Code can be modified to create derivative works.
* No claim of suitability, guarantee, or any warranty whatsoever is
provided. The software is provided "as-is".
This License is entered between You, the individual or other entity reading or
otherwise making use of the Work licensed pursuant to this License and the
individual or other entity which offers the Work under the terms of this
License ("Author").
***** License *****
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CODE PROJECT
OPEN LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER
APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE
OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. THE AUTHOR GRANTS YOU THE RIGHTS
CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS
LICENSE, YOU CANNOT MAKE ANY USE OF THE WORK.
1. Definitions.
1. "Articles" means, collectively, all articles written by Author
which describes how the Source Code and Executable Files for the
Work may be used by a user.
2. "Author" means the individual or entity that offers the Work under
the terms of this License.
3. "Derivative Work" means a work based upon the Work or upon the Work
and other pre-existing works.
4. "Executable Files" refer to the executables, binary files,
configuration and any required data files included in the Work.
5. "Publisher" means the provider of the website, magazine, CD-ROM,
DVD or other medium from or by which the Work is obtained by You.
6. "Source Code" refers to the collection of source code and
configuration files used to create the Executable Files.
7. "Standard Version" refers to such a Work if it has not been
modified, or has been modified in accordance with the consent of
the Author, such consent being in the full discretion of the
Author.
8. "Work" refers to the collection of files distributed by the
Publisher, including the Source Code, Executable Files, binaries,
data files, documentation, whitepapers and the Articles.
9. "You" is you, an individual or entity wishing to use the Work and
exercise your rights under this License.
2. Fair Use/Fair Use Rights. Nothing in this License is intended to reduce,
limit, or restrict any rights arising from fair use, fair dealing, first
sale or other limitations on the exclusive rights of the copyright owner
under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, the
Author hereby grants You a worldwide, royalty-free, non-exclusive,
perpetual (for the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:
1. You may use the standard version of the Source Code or Executable
Files in Your own applications.
2. You may apply bug fixes, portability fixes and other modifications
obtained from the Public Domain or from the Author. A Work modified
in such a way shall still be considered the standard version and
will be subject to this License.
3. You may otherwise modify Your copy of this Work (excluding the
Articles) in any way to create a Derivative Work, provided that You
insert a prominent notice in each changed file stating how, when
and where You changed that file.
4. You may distribute the standard version of the Executable Files and
Source Code or Derivative Work in aggregate with other (possibly
commercial) programs as part of a larger (possibly commercial)
software distribution.
5. The Articles discussing the Work published in any form by the
author may not be distributed or republished without the Author's
consent. The author retains copyright to any such Articles. You may
use the Executable Files and Source Code pursuant to this License
but you may not repost or republish or otherwise distribute or make
available the Articles, without the prior written consent of the
Author.
Any subroutines or modules supplied by You and linked into the Source
Code or Executable Files this Work shall not be considered part of this
Work and will not be subject to the terms of this License.
4. Patent License. Subject to the terms and conditions of this License, each
Author hereby grants to You a perpetual, worldwide, non-exclusive, no-
charge, royalty-free, irrevocable (except as stated in this section)
patent license to make, have made, use, import, and otherwise transfer
the Work.
5. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
1. You agree not remove any of the original copyright, patent,
trademark, and attribution notices and associated disclaimers that
may appear in the Source Code or Executable Files.
2. You agree not to advertise or in any way imply that this Work is a
product of Your own.
3. The name of the Author may not be used to endorse or promote
products derived from the Work without the prior written consent of
the Author.
4. You agree not to sell, lease, or rent any part of the Work.
5. You may distribute the Executable Files and Source Code only under
the terms of this License, and You must include a copy of, or the
Uniform Resource Identifier for, this License with every copy of
the Executable Files or Source Code You distribute and ensure that
anyone receiving such Executable Files and Source Code agrees that
the terms of this License apply to such Executable Files and/or
Source Code. You may not offer or impose any terms on the Work that
alter or restrict the terms of this License or the recipients'
exercise of the rights granted hereunder. You may not sublicense
the Work. You must keep intact all notices that refer to this
License and to the disclaimer of warranties. You may not distribute
the Executable Files or Source Code with any technological measures
that control access or use of the Work in a manner inconsistent
with the terms of this License.
6. You agree not to use the Work for illegal, immoral or improper
purposes, or on pages containing illegal, immoral or improper
material. The Work is subject to applicable export laws. You agree
to comply with all such laws and regulations that may apply to the
Work after Your receipt of the Work.
6. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS
IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN
ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT,
SUITABILITY, ETC. AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR
STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-
INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT,
USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU MUST PASS THIS DISCLAIMER ON
WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE WORKS.
7. Indemnity.You agree to defend, indemnify and hold harmless the Author and
the Publisher from and against any claims, suits, losses, damages,
liabilities, costs, and expenses (including reasonable legal or
attorneysâ fees) resulting from or relating to any use of the Work by
You.
8. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY
LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR
OTHERWISE, EVEN IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. Termination.
1. This License and the rights granted hereunder will terminate
automatically upon any breach by You of any term of this License.
Individuals or entities who have received Derivative Works from You
under this License, however, will not have their licenses
terminated provided such individuals or entities remain in full
compliance with those licenses. Sections 1, 2, 6, 7, 8, 9, 10 and
11 will survive any termination of this License.
2. If You bring a copyright, trademark, patent or any other
infringement claim against any contributor over infringements You
claim are made by the Work, your License from such contributor to
the Work ends automatically.
3. Subject to the above terms and conditions, this License is
perpetual (for the duration of the applicable copyright in the
Work). Notwithstanding the above, the Author reserves the right to
release the Work under different license terms or to stop
distributing the Work at any time; provided, however that any such
election will not serve to withdraw this License (or any other
license that has been, or is required to be, granted under the
terms of this License), and this License will continue in full
force and effect unless terminated as stated above.
10. Publisher. The parties hereby confirm that the Publisher shall not, under
any circumstances, be responsible for and shall not have any liability in
respect of the subject matter of this License. The Publisher makes no
warranty whatsoever in connection with the Work and shall not be liable
to You or any party on any legal theory for any damages whatsoever,
including without limitation any general, special, incidental or
consequential damages arising in connection to this license. The
Publisher reserves the right to cease making the Work available to You at
any time without notice
11. Miscellaneous
1. This License shall be governed by the laws of the location of the
head office of the Author or if the Author is an individual, the
laws of location of the principal place of residence of the Author.
2. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability
of the remainder of the terms of this License, and without further
action by the parties to this License, such provision shall be
reformed to the minimum extent necessary to make such provision
valid and enforceable.
3. No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in
writing and signed by the party to be charged with such waiver or
consent.
4. This License constitutes the entire agreement between the parties
with respect to the Work licensed herein. There are no
understandings, agreements or representations with respect to the
Work not specified herein. The Author shall not be bound by any
additional provisions that may appear in any communication from
You. This License may not be modified without the mutual written
agreement of the Author and You.
The Code Project Open License (CPOL) 1.02
Preamble
This License governs Your use of the Work. This License is intended to allow developers to use the Source Code and Executable Files provided as part of the Work in any application in any form.
The main points subject to the terms of the License are:
* Source Code and Executable Files can be used in commercial applications;
* Source Code and Executable Files can be redistributed; and
* Source Code can be modified to create derivative works.
* No claim of suitability, guarantee, or any warranty whatsoever is provided. The software is provided "as-is".
* The Article accompanying the Work may not be distributed or republished without the Author's consent
This License is entered between You, the individual or other entity reading or otherwise making use of the Work licensed pursuant to this License and the individual or other entity which offers the Work under the terms of this License ("Author").
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CODE PROJECT OPEN LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE AUTHOR GRANTS YOU THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE, YOU CANNOT MAKE ANY USE OF THE WORK.
1. Definitions.
1. "Articles" means, collectively, all articles written by Author which describes how the Source Code and Executable Files for the Work may be used by a user.
2. "Author" means the individual or entity that offers the Work under the terms of this License.
3. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works.
4. "Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work.
5. "Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by which the Work is obtained by You.
6. "Source Code" refers to the collection of source code and configuration files used to create the Executable Files.
7. "Standard Version" refers to such a Work if it has not been modified, or has been modified in accordance with the consent of the Author, such consent being in the full discretion of the Author.
8. "Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles.
9. "You" is you, an individual or entity wishing to use the Work and exercise your rights under this License.
2. Fair Use/Fair Use Rights. Nothing in this License is intended to reduce, limit, or restrict any rights arising from fair use, fair dealing, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
1. You may use the standard version of the Source Code or Executable Files in Your own applications.
2. You may apply bug fixes, portability fixes and other modifications obtained from the Public Domain or from the Author. A Work modified in such a way shall still be considered the standard version and will be subject to this License.
3. You may otherwise modify Your copy of this Work (excluding the Articles) in any way to create a Derivative Work, provided that You insert a prominent notice in each changed file stating how, when and where You changed that file.
4. You may distribute the standard version of the Executable Files and Source Code or Derivative Work in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution.
5. The Articles discussing the Work published in any form by the author may not be distributed or republished without the Author's consent. The author retains copyright to any such Articles. You may use the Executable Files and Source Code pursuant to this License but you may not repost or republish or otherwise distribute or make available the Articles, without the prior written consent of the Author.
Any subroutines or modules supplied by You and linked into the Source Code or Executable Files this Work shall not be considered part of this Work and will not be subject to the terms of this License.
4. Patent License. Subject to the terms and conditions of this License, each Author hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, import, and otherwise transfer the Work.
5. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
1. You agree not to remove any of the original copyright, patent, trademark, and attribution notices and associated disclaimers that may appear in the Source Code or Executable Files.
2. You agree not to advertise or in any way imply that this Work is a product of Your own.
3. The name of the Author may not be used to endorse or promote products derived from the Work without the prior written consent of the Author.
4. You agree not to sell, lease, or rent any part of the Work. This does not restrict you from including the Work or any part of the Work inside a larger software distribution that itself is being sold. The Work by itself, though, cannot be sold, leased or rented.
5. You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License.
6. You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal, immoral or improper material. The Work is subject to applicable export laws. You agree to comply with all such laws and regulations that may apply to the Work after Your receipt of the Work.
6. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE WORKS.
7. Indemnity. You agree to defend, indemnify and hold harmless the Author and the Publisher from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal or attorneys’ fees) resulting from or relating to any use of the Work by You.
8. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination.
1. This License and the rights granted hereunder will terminate automatically upon any breach by You of any term of this License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8, 9, 10 and 11 will survive any termination of this License.
2. If You bring a copyright, trademark, patent or any other infringement claim against any contributor over infringements You claim are made by the Work, your License from such contributor to the Work ends automatically.
3. Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
10. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. The Publisher reserves the right to cease making the Work available to You at any time without notice
11. Miscellaneous
1. This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual, the laws of location of the principal place of residence of the Author.
2. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
3. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
4. This License constitutes the entire agreement between the parties with respect to the Work licensed herein. There are no understandings, agreements or representations with respect to the Work not specified herein. The Author shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Author and You.
Standard C++ Foundation grants you a worldwide, nonexclusive, royalty-free,
perpetual license to copy, use, modify, and create derivative works from this
project for your personal or internal business use only. The above copyright
notice and this permission notice shall be included in all copies or
substantial portions of the project. This license does not grant permission
to use the trade names, trademarks, service marks, or product names of the
licensor, except as required for reasonable and customary use in describing
the origin of the project.
Standard C++ Foundation reserves the right to accept contributions to the
project at its discretion.
By contributing material to this project, you grant Standard C++ Foundation,
and those who receive the material directly or indirectly from Standard C++
Foundation, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable,
transferrable license to reproduce, prepare derivative works of, publicly
display, publicly perform, and distribute your contributed material and such
derivative works, and to sublicense any or all of the foregoing rights to third
parties for commercial or non-commercial use. You also grant Standard C++
Foundation, and those who receive the material directly or indirectly from
Standard C++ Foundation, a perpetual, worldwide, non-exclusive, royalty-free,
irrevocable license under your patent claims that directly read on your
contributed material to make, have made, use, offer to sell, sell and import
or otherwise dispose of the material. You warrant that your material is your
original work, or that you have the right to grant the above licenses.
THE PROJECT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE PROJECT OR THE USE OR OTHER DEALINGS IN THE
PROJECT.
If you believe that anything in the project infringes your copyright, please
contact us at admin@isocpp.org with your contact information and a detailed
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believe your intellectual property is being infringed.
THE CRAPL v0 BETA 1
0. Information about the CRAPL
If you have questions or concerns about the CRAPL, or you need more
information about this license, please contact:
Matthew Might
http://matt.might.net/
I. Preamble
Science thrives on openness.
In modern science, it is often infeasible to replicate claims without
access to the software underlying those claims.
Let's all be honest: when scientists write code, aesthetics and
software engineering principles take a back seat to having running,
working code before a deadline.
So, let's release the ugly. And, let's be proud of that.
II. Definitions
1. "This License" refers to version 0 beta 1 of the Community
Research and Academic Programming License (the CRAPL).
2. "The Program" refers to the medley of source code, shell scripts,
executables, objects, libraries and build files supplied to You,
or these files as modified by You.
[Any appearance of design in the Program is purely coincidental and
should not in any way be mistaken for evidence of thoughtful
software construction.]
3. "You" refers to the person or persons brave and daft enough to use
the Program.
4. "The Documentation" refers to the Program.
5. "The Author" probably refers to the caffeine-addled graduate
student that got the Program to work moments before a submission
deadline.
III. Terms
1. By reading this sentence, You have agreed to the terms and
conditions of this License.
2. If the Program shows any evidence of having been properly tested
or verified, You will disregard this evidence.
3. You agree to hold the Author free from shame, embarrassment or
ridicule for any hacks, kludges or leaps of faith found within the
Program.
4. You recognize that any request for support for the Program will be
discarded with extreme prejudice.
5. The Author reserves all rights to the Program, except for any
rights granted under any additional licenses attached to the
Program.
IV. Permissions
1. You are permitted to use the Program to validate published
scientific claims.
2. You are permitted to use the Program to validate scientific claims
submitted for peer review, under the condition that You keep
modifications to the Program confidential until those claims have
been published.
3. You are permitted to use and/or modify the Program for the
validation of novel scientific claims if You make a good-faith
attempt to notify the Author of Your work and Your claims prior to
submission for publication.
4. If You publicly release any claims or data that were supported or
generated by the Program or a modification thereof, in whole or in
part, You will release any inputs supplied to the Program and any
modifications You made to the Progam. This License will be in
effect for the modified program.
V. Disclaimer of Warranty
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
VI. Limitation of Liability
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR
CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT
NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR
LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM
TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Updated: July 23, 2018
This Crashlytics Agreement ("Agreement") is entered into by Crashlytics (defined as either: (a) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Your principal place of business (for entities) or place of residence (for individuals) is in any country within Europe, the Middle East, or Africa ("EMEA"), (b) Google Asia Pacific Pte. Ltd., with offices at 8 Marina View Asia Square 1 #30-01 Singapore 018960, if Your principal place of business (for entities) or place of residence (for individuals) is in any country within the Asia Pacific region ("APAC"), or (c) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Your principal place of business (for entities) or place of residence (for individuals) is in any country in the world other than those in EMEA and APAC) and you ("Developer" or "You") and governs your access and use of www.crashlytics.com and the Crashlytics crash reporting and beta testing solution (collectively, the "Services" as more fully described below). If You are accessing or using the Services on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms "Developer" and "You" shall refer to such entity. You and Crashlytics hereby agree as follows:
YOUR RIGHT TO ACCESS AND USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THIS AGREEMENT. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY ("ENTITY"), YOU AGREE TO PROVIDE CRASHLYTICS WITH THE NAME OF THE ENTITY AND OBTAIN CRASHLYTICS'S APPROVAL TO USE THE SOFTWARE ON YOUR BEHALF AND BEHALF OF THE ENTITY AND YOU AGREE TO REMAIN RESPONSIBLE AND LIABLE FOR YOUR AND SUCH ENTITY'S COMPLIANCE WITH THIS AGREEMENT. FURTHER, YOU REPRESENT AND WARRANT THAT: (I) YOU ARE THE AUTHORIZED AGENT OF THE APPLICABLE ENTITY AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THE AGREEMENT ON BEHALF OF YOURSELF AND THE ENTITY, AND (II) YOU HAVE OBTAINED, ON BEHALF OF YOURSELF AND THE ENTITY (IF APPLICABLE), ALL NECESSARY RIGHTS, WAIVERS, CONSENTS AND PERMISSIONS NECESSARY TO COLLECT, USE, STORE, AND SHARE USER INFORMATION IN CONNECTION WITH THE SOFTWARE.
Effective November 20, 2015, this Agreement does not cover www.answers.io or the related "Answers" service, which is a software development kit and associated services focused on analysis and computation of the behavior and usage of mobile applications, including app analytics, event tracking, and conversion tracking. If you use Answers, then please consult the Answers Agreement, which is the contract governing your use of Answers. If you have questions regarding this Agreement, please contact Crashlytics at support@crashlytics.com.
SECTION 1. OVERVIEW OF THE SERVICES
1.1 The Services provide a reporting solution for developers of mobile applications, including publicly released mobile applications ("Application(s)"), and facilitates Developers' ability to invite certain designated users ("Beta Tester(s)") to test mobile applications that have not yet been publicly released ("Beta Application(s)"). The Services provide information to Developers about the functioning of Applications and Beta Applications they own or manage, including, but not limited to, information about how and under what circumstances such applications crashed and how many users interact with such applications and how they do so.
SECTION 2. SPECIFIC TERMS FOR DEVELOPERS
2.1 Service and Access Credentials. Developer will provide reasonable cooperation, assistance, information and access to Crashlytics as may be necessary to initiate Developer's use of the Services. During the Term, and subject to Developer's compliance with all terms and conditions of this Agreement, Crashlytics will provide Developer with access to the Services. As part of the implementation process, Developer will identify a user name and password that will be used to set up Developer's account. Developer will not share its user name or password with any third party and will be responsible and liable for the acts or omissions of any person who accesses the Services using passwords or access procedures provided to Developer. Crashlytics reserves the right to refuse registration of, or to suspend or cancel, login IDs used by Developer to access the Services for any reason, including if Developer violates the terms and conditions set forth in this Agreement.
2.2 License to Developer. During the Term, and subject to all terms and conditions of this Agreement (as a condition to the grants below), Crashlytics grants Developer and Developer accepts a nonexclusive, nontransferable right and license (without right to sublicense) to: (a) access and use the Services, solely for the purpose of accessing and downloading the Software (defined below) and assessing the performance of its own Applications and Beta Applications for Developer's internal business purposes; and (b) download, install and use a reasonable number of copies of the Crashlytics software development kit (the "SDK") and any tools provided as part of the SDK, including, but not limited to, any plugins (collectively, the "Software") solely for the integration of the Software into an Application or Beta Application. Developer may use the Services and the Software solely for the purpose: (i) enabling Developer's users, including Beta Testers, to access and use Applications and Beta Applications, (ii) obtaining information regarding the installation, use of and engagement with, and the functionality of Developer's Applications and Beta Applications, including reporting on errors or bugs (collectively, "Performance Data"), (iii) improving the functionality of Developer's Applications, Beta Applications and related products and services, and/or (iv) communicating with users, including Beta Testers, about Developer's Applications and Beta Applications. Developer's access and use of the Services shall also comply with all other conditions set forth in all documentation, instructions, end user guides and other documents regarding the Services and Software, in each case that is provided or made available by Crashlytics to Developer in electronic or other form (collectively, "Documentation"). Developer shall comply with all: (a) applicable laws, rules, and regulations, and (b) any applicable third party terms, including any third party terms applicable to Developer's development and distribution of any Application or Beta Application operating on the Android or iOS mobile operating systems, or any other operating system upon which the Application or Beta Application is made available and upon which Crashlytics makes the Services available to Developer.
2.3 Restrictions. Developer shall not directly or indirectly, or allow any third-party to: (a) use the Services or any of Crashlytics's Confidential Information (as defined below) to create any service, software, or documentation that is the same as, substantially similar to or has similar functionality as the Services, (b) disassemble, decompile, reverse engineer, decipher, translate or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Services or Background Materials (defined below), except and only to the extent these restrictions are expressly prohibited by applicable statutory law, (c) encumber, sublicense, transfer, distribute, rent, lease, timeshare, or use any Crashlytics Properties (as defined below) in any service bureau, rental or managed services arrangement or permit other individuals or entities to create Internet "links" to the Crashlytics Properties or "frame" or "mirror" the Crashlytics Properties on any other server, or wireless or Internet-based device, (d) adapt, combine, create derivative works of, or otherwise modify any Crashlytics Properties, (e) use or allow the transmission, transfer, export, reexport, or other transfer of any product, technology, or information it obtains or learns in connection with Developer's use of the Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction, (f) remove or alter any proprietary notices or labels on or in any Crashlytics Properties; (g) use any Crashlytics Properties in connection with the development or transmission of any virus, worms or malicious code, (h) use any Crashlytics Properties to infringe the rights of Crashlytics or any third party, or in any way that does not comply with all applicable laws, or (i) use any Crashlytics Properties (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Crashlytics or any third party, including any mobile communications carrier.
2.4 Developer Feedback. From time to time, Crashlytics may solicit from Developer or Developer may make, in its sole discretion, suggestions for changes, modifications or improvements to the Crashlytics Properties (as defined below) or any other feedback related to Crashlytics or the Crashlytics Properties (collectively, "Developer Feedback"). All Developer Feedback shall be solely owned by Crashlytics (including all intellectual property rights therein and thereto) and shall also be Crashlytics's confidential information. Developer hereby assigns all of its right, title and interest in and to any Developer Feedback to Crashlytics and acknowledges that Crashlytics has the unrestricted right to use and exploit such Developer Feedback in any manner, without attribution, and without any obligations or compensation to Developer.
2.5 Developer Data. Developer hereby grants Crashlytics a nonexclusive, license fee free and royalty free right and license to access, copy, distribute, process and use all information, data and other content provided by Developer or received by Crashlytics in connection with Developer's authorized use of the Services, including, without limitation information provided through any Application or Beta Application that Developer makes available for testing through the Services (collectively, "Developer Data"), solely for the purpose of providing, developing, and maintaining the Services, along with any related customer or technical support, and as otherwise expressly permitted in this Agreement. Developer agrees that: (a) the Services depend on the availability of the Developer Data, and (b) Crashlytics will not assume any responsibility or liability for, or undertake to verify, the legality, accuracy or completeness of the Developer Data. Crashlytics shall have no obligation to store any Developer Data or Results (as defined below).
2.6 Access by Beta Testers; EULA; End Users; Compliance. Developer shall provide to Crashlytics the contact information of any user of Developer's application(s) whom Developer intends to invite to become a Beta Tester. Developer is solely responsible for determining which users will receive an invitation to become a Beta Tester, and for ensuring the accuracy of any user contact information provided to Crashlytics. Developer may provide Beta Testers with its own EULA for a Beta Application that will be accessed by Beta Testers ("Developer EULA"); provided that the Developer EULA provides terms and conditions consistent with this Agreement and, with respect to Crashlytics, no less protective than those terms and conditions set forth in the standard EULA provided in Appendix A ("Standard EULA"). If Developer does not provide a separate Developer EULA to Beta Testers in connection with Developer's Beta Application, then Developer acknowledges and agrees that such Beta Testers, by accessing the Beta Application through the Services, will be made subject to the terms and conditions of the Standard EULA between Developer and such Beta Testers. Developer acknowledges and agrees that Crashlytics provides the Standard EULA by way of convenience only, and does not represent or warrant that the Standard EULA will be enforceable under, or in compliance with, all applicable laws, rules, regulations, or otherwise. Developer acknowledges and agrees that the EULA applicable to Developer's Beta Application shall be between Developer and any Beta Tester, and Crashlytics shall not be responsible for, and shall not have any liability whatsoever for, such EULA, any application tested by a Beta Tester, or for any breach by Developer or any Beta Tester of the terms and conditions of such EULA. The Services allow the Developer to collect information relating to performance of Developer's applications, including, without limitation, device state information, unique device identifiers, information relating to the physical location of a device, and information about how the application was used. Developer may turn on features of the Services to allow collection of other information via the Services, including some personally identifiable information (e.g., a user's email address), which allows Developers to communicate with users about the engagement with and functionality of their applications and to invite them to become Beta Testers. Developer represents and warrants that Developer is collecting information via the Services solely to obtain information about the user engagement with and functionality of Developer's applications, and to communicate with users about such engagement and functionality. Developer agrees that it will not enable collection of personally identifiable information via the Services unless it is necessary to communicate with users about the applications or Developer wishes to invite users to be Beta Testers and the user has provided affirmative consent to the collection and use of such information. Subject to and without limiting the foregoing, Developer agrees it will not enable collection or use of credit card information, Social Security numbers, driver's license numbers, dates of birth or physical addresses via the Services. Developer further agrees it will not invite any user to be a Beta Tester that is under the age of consent as defined under any applicable laws, rules, or regulations relating to data collection, including without limitation the Children's Online Privacy Protection Act of 1998 ("COPPA"), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or "GDPR"), and all other relevant laws and regulations. At all times during the term of this Agreement, Developer shall maintain a privacy policy: (a) that is readily accessible to users from its website or within its online service (as applicable), (b) that fully and accurately discloses to its users what information is collected about its users, and (c) that states that such information is disclosed to and processed by third party providers like Crashlytics in the manner contemplated by the Services, including, without limitation, disclosure of the use of technology to track users' activity and otherwise collect information from users. For Developer's users in the European Union, Developer shall provide such users with clear notice of, and obtain such users' consent to, the transfer, storage, and use of their information in the United States and any other country where Crashlytics, or any third party service providers acting on its behalf, operates, and shall further notify such users that the privacy and data protection laws in some of these countries may vary from the laws in the country where such users live. Developer shall at all times comply with all applicable laws, rules and regulations relating to data collection, privacy and security, including without limitation, COPPA, GDPR, and all other such laws and regulations. Developer will obtain and maintain any required consents necessary and will comply with any other applicable requirements to permit the processing of Developer Data under this Agreement.
2.7 Developer Systems. Developer is responsible for providing: (a) all equipment, subscriptions and credentials necessary for Crashlytics to receive the Developer Data, and (b) all modems, servers, devices, storage, software (other than Software), databases, network and communications equipment and ancillary services needed to connect to, access, or otherwise use the Services at its facility (collectively, "Developer Systems"). Developer shall ensure that Developer Systems are compatible with the Services and comply with all configurations and specifications described in the Documentation.
2.8 Limitations. Crashlytics will not be responsible or liable for any failures in the Services or any other problems which are related to: (a) the Developer Data or Developer Systems, or (b) any satellite, telecommunications, network or other equipment or service outside of Crashlytics's facilities or control.
2.9 Confidentiality. "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient") that is marked or otherwise identified as "confidential" or "proprietary," or by its nature or the circumstances of disclosure should reasonably be understood to be confidential, including without limitation, all financial, business or technical information disclosed in relation to this Agreement. Except for the specific rights granted by this Agreement, the Recipient may not use, copy or disclose any Confidential Information of the Discloser without Discloser's prior written consent, and shall use no less than reasonable care to safeguard Discloser's Confidential Information, including ensuring that Recipient's employees, contractors and agents ("Representatives")with access to Discloser's Confidential Information have a need to know such Confidential Information for the purposes of this Agreement and are bound by confidentiality obligations no less protective of the parties as those set forth herein. The foregoing obligations shall not apply to any Confidential Information that Recipient can demonstrate is: (a) already known by it without restriction, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to Discloser, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reference to or use of any of Discloser's Confidential Information and without any violation of any obligation of this Agreement. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly upon Discloser's request at any time, Recipient shall, or in the case of Developer Data shall use reasonable efforts to, return all of Discloser's tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records, copies, summaries, analyses and materials developed therefrom. Nothing herein shall prevent a party from disclosing any of the other's Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, however, prior to any such disclosure, Recipient shall use reasonable efforts to: (i) promptly notify Discloser in writing of such requirement to disclose where permitted by law, and (ii) cooperate with Discloser in protecting against or minimizing any such disclosure and/or obtaining a protective order.
2.10 Proprietary Rights. As used in this Agreement: "Background Materials" means all ideas, concepts, inventions, systems, platforms, software (including all Software), interfaces, tools, utilities, templates, forms, Report Formats, techniques, methods, processes, algorithms, knowhow, trade secrets and other technologies and information that are used by Crashlytics in providing the Services and Results (including any correction, improvement, derivative work, extension or other modification to the Services made, created, conceived or developed by or for Crashlytics, including at Developer's request or as a result of feedback provided by Developer to Crashlytics); "Reports" means the reports, charts, graphs and other presentation in which the Results are presented to Developer; "Report Formats" means the formatting, look and feel of the Reports; and "Results" means the work products resulting from the Services that are delivered to Developer by Crashlytics through the Services, and which are based on the Developer Data. For the sake of clarity, Results shall expressly exclude all Background Materials. Developer shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to: (a) feedback, suggestions, ideas or other materials and information provided by Beta Testers with respect to any Beta Application ("User Feedback"), (b) the Results and (c) Developer Data. Developer acknowledges and agrees that the Results will be presented to it in a Report, the Report Format of which is Confidential Information and proprietary to Crashlytics. Developer may make a reasonable number of copies of the Reports only for its internal purposes in using the Results.
2.11 General Learning; Aggregate Data. Crashlytics reserves the right to disclose aggregate information of Services usage, engagement, and performance, and to reuse all general knowledge, experience, knowhow, works and technologies (including ideas, concepts, processes and techniques) related to the Results or acquired during provision of the Services (including without limitation, that which it could have acquired performing the same or similar services for another customer).
2.12 Reservation of Rights. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Crashlytics (and its licensors) shall retain all right, title, and interest (including all intellectual property and proprietary rights embodied therein) in and to the Services, Software, Documentation, Background Materials, aggregate data, and analyses (collectively, "Crashlytics Properties").
SECTION 3. SPECIFIC TERMS FOR BETA TESTERS
3.1 License; Restrictions. In order to access and use the Services to test any Beta Application, you may need to download or install Software (defined in Section 2 above), web clips, certificates, or other materials provided by Crashlytics ("Crashlytics Material"). Subject to your compliance with this Agreement, Crashlytics grants you a limited, nonexclusive, non-assignable, non-sublicensable license to access, download, and use any Crashlytics Material made available to you by Crashlytics, solely to access and use the Services. Crashlytics reserves all right, title, and interest in the Crashlytics Material not expressly granted to you, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not do any of the following with respect to any Crashlytics Material you receive or otherwise have access to: (a) modify, reverse engineer, decompile, or disassemble any Crashlytics Material, (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer any Crashlytics Material, (c) make any copy of or otherwise reproduce any Crashlytics Material, (d) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in any Crashlytics Material, (e) work around any technical limitations in any Crashlytics Material, or (f) use any Crashlytics Material for purposes for which it is not designed.
3.2 No Responsibility for Beta Applications. If you have any complaints or disputes relating to your use of any Beta Application, you agree to look solely to the applicable Developer of such Beta Application and not Crashlytics. You acknowledge and agree that the applicable Developer, not Crashlytics, is fully responsible for any Beta Application, and the processing of information about your use of any Beta Application. If you want to terminate this Agreement, you must stop using the Services and delete from your device all Crashlytics Material.
3.3 Consent to Data Processing and Transfer. Irrespective of which country you live in, you authorize Crashlytics to use your information in, and as a result to transfer it to and store it in, the United States and any other country where Crashlytics operates. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
3.4 No Compensation. By becoming a Beta Tester, you are acting as a volunteer. You will bear your own costs, including any mobile carrier and data costs that you incur in connection with your use of the Beta Application or any User Feedback (defined above) that you submit.
3.5 Standard EULA for Beta Applications. You agree to comply with the terms of the Standard EULA in connection with your access and use of any Beta Application of a Developer, unless you agree to comply with a separate license agreement that the Developer provides in connection with such Beta Application, in which case the terms of that separate license agreement will govern.
SECTION 4. WARRANTY, LIABILITY & INDEMNITY
4.1 Warranties. Crashlytics represents and warrants that it has full right, power, and authority to enter into this Agreement and to perform its obligations and duties under this Agreement, and that the performance of such obligations and duties does not conflict with or result in a breach of any other agreement of Crashlytics, or any judgment, order, or decree by which such party is bound. Developer's sole and exclusive remedy for any and all breaches of this provision is the remedy set forth in Section 4.4. Developer represents and warrants that it owns all right, title and interest, or possesses sufficient license rights, in and to the Developer Data as may be necessary to grant the rights and licenses, and provide the representations, and for Crashlytics to provide the Services set forth herein. Developer bears all responsibility and liability for the legality, accuracy and completeness of the Developer Data and Crashlytics's access, possession, distribution, and use thereof, as permitted herein.
4.2 Disclaimers. THE CRASHLYTICS SERVICES, CRASHLYTICS PROPERTIES AND RESULTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CRASHLYTICS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE "CRASHLYTICS ENTITIES") MAKE NO WARRANTY: (A) THAT THE SERVICES OR RESULTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR FREE OR BUGFREE, (B) REGARDING THE RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICES, OR (C) THAT ANY ERRORS IN THE SERVICES CAN OR WILL BE CORRECTED. THE CRASHLYTICS ENTITIES HEREBY DISCLAIM (FOR THEMSELVES AND THEIR SUPPLIERS) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
4.3 Claims Against Crashlytics. Developer will defend Crashlytics from all third party claims, whether actual or alleged (collectively, "Crashlytics Claims"), and will indemnify Crashlytics and hold Crashlytics harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) resulting from such Crashlytics Claims that arise out of Developer's: (a) use of the Services, (b) actual or alleged infringement or misappropriation of the rights of any third party, including, without limitation, any intellectual property rights, privacy rights or publicity rights, and (c) breach of any representations and warranties set forth in the Agreement. Developer is solely responsible for defending any such Crashlytics Claims, subject to Crashlytics's right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from such Claims against Crashlytics, provided that Developer will not agree to any settlement related to any such Crashlytics Claims without Crashlytics's prior express written consent regardless of whether or not such settlement releases Crashlytics from any obligation or liability. If Developer uses the Services in an official capacity as an employee or representative of a United States federal, state, or local government entity and is legally unable to accept this indemnification provision, then it does not apply to such entity, but only to the extent required by applicable law.
4.4 Claims Against Developer. Crashlytics will defend the Developer from all third party claims, actions, suits, or proceedings, whether actual or alleged (collectively, "Developer Claims"), and will indemnify Developer and hold Developer harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) resulting from such Developer Claims, that arise out of an allegation that the Services, when used as expressly permitted by this Agreement, infringes the intellectual property rights of such third party. Notwithstanding the foregoing, Crashlytics will have no obligation under this Section 4.4 or otherwise with respect to any infringement claim based upon: (a) any use of the Services not expressly permitted under this Agreement; (b) any use of the Services in combination with products, equipment, software, or data not made available by Crashlytics if such infringement would have been avoided without the combination with such other products, equipment, software, or data; (c) any modification of the Services by any person other than Crashlytics or its authorized agents or subcontractors; or (d) any claim not clearly based on the Services itself. This Section 4.4 states Crashlytics's entire liability and Developer's sole and exclusive remedy for all third party claims.
4.5 Procedure. The foregoing obligations are conditioned on the party seeking indemnification: (a) promptly notifying the other party in writing of such claim; (b) giving the other party sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at the other party's request and expense, assisting in such defense. Neither party may make any public announcement of any claim, defense or settlement without the other party's prior written approval. The indemnifying party may not settle, compromise or resolve a claim without the consent of the indemnified party, if such settlement, compromise or resolution (i) causes or requires an admission or finding of guilt against the indemnified party, (i) imposes any monetary damages against the indemnified party, or (iii) does not fully release the indemnified party from liability with respect to the claim.
4.6 Limitation of Liability.
(a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY DAMAGES ASSOCIATED WITH ANY LOSS OF USE, BUSINESS, PROFITS, OR GOODWILL OR FOR INTERRUPTION, LOSS OR CORRUPTION OF DATA OR NETWORKS.
(b) IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT EXCEED FIFTY ($50.00) DOLLARS (USD).
(c) THE FOREGOING LIMITATIONS SHALL NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS OR FOR MISAPPROPRIATION OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.
SECTION 5. TERM AND TERMINATION
5.1 Term. The term of this Agreement will begin on the date you first agree to this Agreement and are approved to register for the Services, and continue until terminated as set forth herein ("Term"). Your use of the Services may be terminated by Crashlytics or you at any time, for any reason, effective immediately upon notice provided by one party to the other party as set forth herein.
5.2 Effects of Termination. Upon any expiration or termination of this Agreement, all rights, obligations and licenses of the parties shall cease, except that: (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive, (b) you must discontinue accessing and using the Services and delete all Software, Crashlytics Properties, and Crashlytics Material, and (c) the provisions in Section 2 titled Restrictions, Developer Feedback, Confidentiality, Proprietary Rights, General Learning; Aggregate Data, the provisions of Section 4 and the provisions in this Section 5 shall survive. Crashlytics has no obligation to store, delete or return any User Feedback, Performance Data, Developer Data, or Results.
SECTION 6. MISCELLANEOUS
6.1 Entire Agreement. This Agreement (which includes any order form completed by Developer) constitutes the entire agreement, and supersede all prior negotiations, understandings, or agreements (oral or written), between the parties about the subject matter of this Agreement.
6.2 Waivers, Consents and Amendments. No waiver, consent, or modification of this Agreement shall bind the Crashlytics Entities unless in writing and signed by Crashlytics. Crashlytics may amend this Agreement from time to time. If we make a change to this Agreement that, in our sole discretion, is material, we will notify you at the email address that you provided upon signing up to access the Services or upon signing up to access the Crashlytics Fabric services, at crashlytics.com, or otherwise through the Services. If you do not agree to the modified terms, you shall notify Crashlytics in writing within thirty (30) days, after which your right to access and use the Services shall immediately terminate and the Crashlytics Entities shall have no further responsibility or liability to you. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
6.3 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.4 Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
(a) Except as set forth in Section 6.4(b) below, all claims arising out of or relating to this Agreement or the Services ("Disputes") will be governed by California law, excluding California's conflict of laws rules, and all Disputes will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and Crashlytics consent to personal jurisdiction in those courts.
(b) If Your principal place of business (for entities) or place of residence (for individuals) is in any country within APAC (other than Australia, Japan, New Zealand or Singapore) or Latin America, this Section 6.4(b) will apply instead of Section 6.4(a) above. ALL DISPUTES (AS DEFINED ABOVE) WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement. Subject to the confidentiality requirements in of this Agreement, either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator's powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this subsection. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Any arbitration proceeding conducted in accordance with this section will be considered Confidential Information under this Agreement's confidentiality section, including: (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this section to a competent court as may be necessary to file any order under this section or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private). The parties will pay the arbitrator's fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision.
6.5 Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
6.6 Notices. Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, confirmed electronic transmission, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party, which, in the case of Developer, shall be the email address provided to Crashlytics upon signing up for the Services or upon signing up to access the Crashlytics Fabric services, and, in the case of Crashlytics, shall be Google LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department. All notices shall be in English, and deemed to have been received when they are hand delivered, or five business days after their mailing, or upon confirmed electronic transmission or confirmed facsimile transmission.
6.7 Assignment. This Agreement and the rights and obligations hereunder may not be assigned, transferred or delegated, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether Developer is the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, by Developer without Crashlytics's prior written consent. Any assignment or transfer in violation of the foregoing shall automatically be null and void, and Crashlytics may immediately terminate this Agreement upon such an attempt. This Agreement shall be binding upon, and inure to the benefit of, any permitted successors, representatives, and permitted assigns of the parties hereto.
6.8 Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose.
Appendix A - Standard EULA
You, the Beta Tester, and the Developer ("Licensor") of the Beta Application you access and use via the Services agree to comply with the terms of this EULA in connection with your access and use of such Beta Application (the "Application").
Relationship between the Parties. Licensor and the Beta Tester acknowledge that this Standard EULA is entered into by and between Licensor and the Beta Tester only, and not with Google LLCand its worldwide affiliates ("Crashlytics"), and Licensor, not Crashlytics, is solely responsible and liable for the Application accessed and used by the Beta Tester, including (i) any related maintenance and support, (ii) any and all express, implied, or statutory warranties associated with the Application, and (iii) any disputes or claims arising out of or related to the access and use of the Application.
License. Subject to your compliance with this Standard EULA, the Licensor grants you a limited, nonexclusive, non-assignable, non-sublicensable license to access, download, and use the Application and any related documentation made available to you by the Licensor, solely for beta testing purposes. Licensor reserves all right, title, and interest in the Application not expressly granted to you, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not do any of the following with respect to the Application: (a) modify, reverse engineer, decompile, or disassemble the Application; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Application; or (c) make any copy of or otherwise reproduce the Application. This license is effective until terminated by you or the Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term of this Standard EULA. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
Consent to Data Processing and Transfer. Irrespective of which country you live in, you authorize us to use your information in, and as a result to transfer it to and store it in, the United States and any other country where we or Crashlytics operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
No Compensation. By becoming a Beta Tester, you are acting as a volunteer. You will bear your own costs, including any mobile carrier and data costs that you incur in connection with your use of the Application or any User Feedback (defined in Section 2 above) that you submit.
User Feedback. You agree to use reasonable efforts to beta test any application downloaded from the Services. User Feedback shall be owned by the Licensor. You hereby assign all of your right, title, and interest in and to any User Feedback to Licensor and acknowledge that Licensor has the unrestricted right to use and exploit such User Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.
Confidentiality. The Application and related information that Licensor provides to you are Licensor's confidential information. You will not disclose information about the Application or any other Licensor confidential information to anyone other than Licensor's employees, unless Licensor gives you written permission. For example, do not share screenshots or video clips of the Application with your friends, family, coworkers, or the media. You will also take reasonable precautions to prevent anyone from obtaining Licensor's confidential information. For example, you should restrict access to your mobile device, prevent others from watching you use the Application, and not create any screenshots or video clips of the Application.
Disclaimer. THE APPLICATION IS A TEST VERSION THAT IS MADE AVAILABLE TO YOU FOR TESTING AND EVALUATION PURPOSES ONLY. THE APPLICATION IS NOT READY FOR COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE APPLICATION IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS, AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW, OR OTHERWISE) REGARDING THE APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING FOR LOSS OF DATA, LOSS OF CONTENT, LOSS OF IN-APPLICATION FEATURES, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF LICENSOR AND/OR ITS SUPPLIERS HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR AND ITS SUPPLIERS' AGGREGATE LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION EXCEED FIFTY UNITED STATES DOLLARS (US $50.00).
Previous versions
January 27, 2017
Permission is granted free of charge to copy, modify, use and distribute
this software provided you include the entirety of this notice in all
copies made.
THIS SOFTWARE IS PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. COPY ASSUMES
NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT,
HEWLETT-PACKARD ASSUMES NO COST OR LIABILITY FOR ANY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR
OTHERWISE, SHALL HEWLETT-PACKARD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WITH RESPECT TO THE
SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF HEWLETT-PACKARD SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY RESULTING
FROM HEWLETT-PACKARD's NEGLIGENCE TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
This software may be used, modified, copied, distributed, and sold,
in both source and binary form provided that the copyright
and these terms are retained. Under no circumstances is the author
responsible for the proper functioning of this software, nor does
the author assume any responsibility for damages incurred with its use.
Copyright (C) 1995-2009 Gerd Neugebauer
cwpuzzle.dtx is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY. No author or distributor accepts responsibility to anyone for the
consequences of using it or for whether it serves any particular purpose or
works at all, unless he says so in writing.
Everyone is granted permission to copy, modify and redistribute cwpuzzle.dtx,
provided this copyright notice is preserved and any modifications are indicated.
Data Access Terms
Effective date: 12/17/2019
License to Crunchbase Materials. Subject to all terms and conditions in the Agreement, Crunchbase, Inc. (“Crunchbase”) grants to Licensee a nonexclusive, nontransferable, nonsublicensable, limited license to use Crunchbase’s application programming interface, the Crunchbase data described in your Order Form, and all other documentation and materials provided by Crunchbase (collectively, the “Crunchbase Materials”) solely as specifically set forth in your Order Form and as further limited by these Data Access Terms and Conditions (the “Terms”). Licensee may not download or use the Crunchbase Materials for any other purpose without Crunchbase’s prior written consent. Crunchbase shall not be liable for any (i) modifications to Crunchbase Materials other than by Crunchbase, (ii) combination of Crunchbase Materials with any other data, information, or other materials, or (iii) use of Crunchbase Materials in any manner not expressly permitted by Crunchbase hereunder.
Restrictions. Except as expressly and unambiguously authorized in your Order Form, Licensee may not (and will not permit or assist any third party to) (i) sell, rent, lease, loan, license, reproduce, modify, transfer, assign, sublicense, display, publish, distribute, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law) any part of the Crunchbase Materials, (ii) otherwise use the Crunchbase Materials on behalf of any third party, (iii) use the Crunchbase Materials in any infringing, defamatory, harmful, fraudulent, illegal, deceptive, threatening, harassing, or obscene way, or (iv) disclose the terms and conditions of the Order Form or this Agreement (including, without limitation, pricing terms) to any third party. This Agreement does not include any right for Licensee to use any trademark, service mark, trade name or any other mark of Crunchbase or any other party or licensor. No rights or licenses are granted except as expressly and unambiguously set forth herein.
Data Processing Terms. To the extent that the Crunchbase Materials include any personal data, the Independent Controller Processing Addendum [https://data.crunchbase.com/docs/independent-controller-data-processing-addendum] shall apply.
Proprietary Rights. As between Crunchbase and Licensee, the Crunchbase Materials and all intellectual property rights in and to the Crunchbase Materials are and shall at all times remain the sole and exclusive property of Crunchbase and are protected by applicable intellectual property laws and treaties. Except for the licenses expressly granted hereunder, Crunchbase reserves all right, title and interest that it may have in the Crunchbase Materials.
Marketing Rights. Licensee grants Crunchbase the right to use Licensee’s name and logo on Crunchbase websites and applications and in marketing and promotional material.
Payment. Licensee agrees to pay all applicable Fees set forth in each applicable Order Form in accordance with the schedule, and in the manner specified, on such Order Form. All fees shall be non-refundable, and payable in US dollars on the date they come due. Licensee shall also pay all sales, use, value-added and other taxes, tariffs and duties of any type assessed against Crunchbase except for taxes on Crunchbase’s income. Crunchbase may disable access to Crunchbase Materials in the event of a failure to pay.
Support. Licensee agrees to report to Crunchbase any errors or difficulties discovered and the conditions and symptoms of such errors and difficulties. Crunchbase is in no way obligated to provide Licensee with any error correction or support, but may provide whatever error correction and/or support services Crunchbase may determine in its sole discretion (and anything it provides in connection therewith will be deemed part of the Crunchbase Materials).
Licensee Responsibility. Licensee agrees that Crunchbase shall have no liability whatsoever for (i) any use Licensee makes of the Crunchbase Materials or (ii) Licensee’s products or services that interact with or otherwise use any part of the Crunchbase Materials. Licensee shall indemnify and hold harmless Crunchbase from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from (i) or (ii) above or for any breach of this Agreement and/or unauthorized use or disclosure of Crunchbase confidential information.
Warranty Disclaimer. The parties acknowledge that the Crunchbase Materials and any services are provided “AS IS.” CRUNCHBASE AND ITS LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE CRUNCHBASE MATERIALS OR ANY SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. CRUNCHBASE AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR THE TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS OR (C) FOR ANY AMOUNT IN THE AGGREGATE OF THE AMOUNT PAID OR PAYABLE BY LICENSEE UNDER SECTION 5 (PROVIDED THAT, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP SHALL BE FIVE HUNDRED DOLLARS (US$500.00)).
Termination. This Agreement shall continue until the expiration of the Term specified in your Order Form or earlier terminated as set forth in this section. Either party may terminate this Agreement at any time in the event (a) of a material breach by the other party which remains uncured after ten (10) days written notice thereof, or (b) the other party ceases to do business without a successor, is the subject of any proceeding related to its liquidation or insolvency (whether voluntary or involuntary) that is not dismissed within ninety (90) calendar days, or makes an assignment for the benefit of creditors. Upon any termination or expiration of the Agreement (or the Order Form), all licenses granted to Licensee hereunder shall also terminate. Upon expiration or any termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Crunchbase Materials, and an officer of Licensee shall so certify to Crunchbase that such actions have occurred within ten (10) days following such expiration or termination. Crunchbase may audit Licensee’s systems to ensure compliance with the foregoing requirement for up to one (1) year after such expiration or termination. Sections 2, 3, 4, and 8 through 14 (and any accrued rights to payment) shall survive termination of this Agreement.
Government Use. If Licensee is part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Crunchbase Materials are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Crunchbase Materials is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Crunchbase Materials by the Government shall be governed solely by the terms of this Agreement.
Export Controls. Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and Licensee shall not export, or allow the export or re-export of any part of the Crunchbase Materials in violation of any such restrictions, laws or regulations. By downloading or using the Crunchbase Materials, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under the control of, or a national or resident of any restricted country.
General. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to the principles of conflicts of law and without application of the UN Convention on Contracts for the International Sale of Goods. All disputes arising in connection with this Agreement shall be subject to the sole and exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys’ fees. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. In the event that any term of this Agreement is held by a court to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Licensee agrees that Crunchbase is not responsible for anything resulting from events beyond Crunchbase’s reasonable control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials. Licensee may not assign or transfer this Agreement (or any part hereof), including, without limitation, in connection with any merger, sale, or other change in control of Licensee or Licensee’s assets relating to this Agreement or by operation of law, without the prior written consent of Crunchbase. Crunchbase shall have the right to freely assign or otherwise transfer this Agreement (in whole or part). All notices required or permitted under this Agreement will be in writing and will be sent (i) if to Crunchbase: 564 Market Street, Suite 700, San Francisco, CA 94104, and if Licensee: such address as Licensee provides to Crunchbase on registering for access to Crunchbase Materials (or, in either case, such other address as a party may designate in writing). This Agreement is the complete agreement between the parties hereto concerning the subject matter of this Agreement and replaces any prior oral or written communications between the parties with respect thereto. This Agreement may only be modified by a written document executed by the parties hereto.
For the avoidance of doubt the "preferred form" of this code is one which
is in an open non patent encumbered format. Where cryptographic key signing
forms part of the process of creating an executable the information
including keys needed to generate an equivalently functional executable
are deemed to be part of the source code.
Compilation Copyright (c) 1995-2010 by Wei Dai. All rights reserved.
This copyright applies only to this software distribution package as a
compilation, and does not imply a copyright on any particular file in the
package.
All individual files in this compilation are placed in the public domain by Wei
Dai and other contributors. I would like to thank the following authors for
placing their works into the public domain:
Joan Daemen - 3way.cpp Leonard Janke - cast.cpp, seal.cpp Steve Reid - cast.cpp
Phil Karn - des.cpp Andrew M. Kuchling - md2.cpp, md4.cpp Colin Plumb - md5.cpp
Seal Woods - rc6.cpp Chris Morgan - rijndael.cpp Paulo Baretto - rijndael.cpp,
skipjack.cpp, square.cpp Richard De Moliner - safer.cpp Matthew Skala -
twofish.cpp Kevin Springle - camellia.cpp, shacal2.cpp, ttmac.cpp, whrlpool.cpp,
ripemd.cpp
Permission to use, copy, modify, and distribute this compilation for any
purpose, including commercial applications, is hereby granted without fee,
subject to the following restrictions:
1. Any copy or modification of this compilation in any form, except in object
code form as part of an application software, must include the above copyright
notice and this license.
2. Users of this software agree that any modification or extension they provide
to Wei Dai will be considered public domain and not copyrighted unless it
includes an explicit copyright notice.
3. Wei Dai makes no warranty or representation that the operation of the
software in this compilation will be error-free, and Wei Dai is under no
obligation to provide any services, by way of maintenance, update, or otherwise.
THE SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT EXPRESS OR
IMPLIED WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WEI DAI
OR ANY OTHER CONTRIBUTOR BE LIABLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Users will not use Wei Dai or any other contributor's name in any publicity
or advertising, without prior written consent in each case.
5. Export of this software from the United States may require a specific license
from the United States Government. It is the responsibility of any person or
organization contemplating export to obtain such a license before exporting.
6. Certain parts of this software may be protected by patents. It is the users'
responsibility to obtain the appropriate licenses before using those parts.
If this compilation is used in object code form in an application software,
acknowledgement of the author is not required but would be appreciated. The
contribution of any useful modifications or extensions to Wei Dai is not
required but would also be appreciated.
This software is provided 'as-is', without any express or implied warranty.
In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
- The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation is required.
- Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
- This notice may not be removed or altered from any source or binary distribution.
- Redistributions of any form whatsoever must retain the following acknowledgment: 'This product includes software developed by the "Marcin Krzyzanowski" (http://krzyzanowskim.com/).'
Crystal Stacker is freeware. This means you can pass copies around freely provided you include this document in it's original form in your distribution. Please see the "Contacting Us" section of this document if you need to contact us for any reason.
Disclaimer
NewCreature Design makes no guarantees regarding the Crystal Stacker software. We are not responsible for damages caused by it, though the software is not known to cause any problems. If you have trouble with the software, see the "Contacting Us" section of this document.
The source code is provided as-is and you may do with it whatsoever you please provided that you include this file in its unmodified form with any new distribution. NewCreature Design makes no gaurantees regarding the usability of the source but are willing to help with any problems you might run into. Please see the "Contacting Us" section of this document if you need to get in touch with us about any issues you have regarding the source.
Community Specification License 1.0
The Purpose of this License. This License sets forth the terms under which
1) Contributor will participate in and contribute to the development
of specifications, standards, best practices, guidelines, and other
similar materials under this Working Group, and 2) how the materials
developed under this License may be used. It is not intended for source
code. Capitalized terms are defined in the License’s last section.
1. Copyright.
1.1. Copyright License. Contributor grants everyone a non-sublicensable,
perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as expressly stated in this License) copyright license, without
any obligation for accounting, to reproduce, prepare derivative works
of, publicly display, publicly perform, and distribute any materials
it submits to the full extent of its copyright interest in those
materials. Contributor also acknowledges that the Working Group may
exercise copyright rights in the Specification, including the rights to
submit the Specification to another standards organization.
1.2. Copyright Attribution. As a condition, anyone exercising this
copyright license must include attribution to the Working Group in any
derivative work based on materials developed by the Working Group.
That attribution must include, at minimum, the material’s name,
version number, and source from where the materials were retrieved.
Attribution is not required for implementations of the Specification.
2. Patents.
2.1. Patent License.
2.1.1. As a Result of Contributions.
2.1.1.1. As a Result of Contributions to Draft Specifications.
Contributor grants Licensee a non-sublicensable, perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
expressly stated in this License) license to its Necessary Claims in 1)
Contributor’s Contributions and 2) to the Draft Specification that
is within Scope as of the date of that Contribution, in both cases for
Licensee’s Implementation of the Draft Specification, except for those
patent claims excluded by Contributor under Section 3.
2.1.1.2. For Approved Specifications. Contributor grants Licensee a
non-sublicensable, perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as expressly stated in this License)
license to its Necessary Claims included the Approved Specification
that are within Scope for Licensee’s Implementation of the Approved
Specification, except for those patent claims excluded by Contributor
under Section 3.
2.1.2. Patent Grant from Licensee. Licensee grants each other Licensee
a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as expressly stated in this License)
license to its Necessary Claims for its Implementation, except for those
patent claims excluded under Section 3.
2.1.3. Licensee Acceptance. The patent grants set forth in Section 2.1
extend only to Licensees that have indicated their agreement to this
License as follows:
2.1.3.1. Source Code Distributions. For distribution in source code,
by including this License in the root directory of the source code with
the Implementation;
2.1.3.2. Non-Source Code Distributions. For distribution in any form
other than source code, by including this License in the documentation,
legal notices, via notice in the software, and/or other written materials
provided with the Implementation; or
2.1.3.3. Via Notices.md. By issuing pull request or commit to the
Specification’s repository’s Notices.md file by the Implementer’s
authorized representative, including the Implementer’s name, authorized
individual and system identifier, and Specification version.
2.1.4. Defensive Termination. If any Licensee files or maintains a
claim in a court asserting that a Necessary Claim is infringed by an
Implementation, any licenses granted under this License to the Licensee
are immediately terminated unless 1) that claim is directly in response
to a claim against Licensee regarding an Implementation, or 2) that claim
was brought to enforce the terms of this License, including intervention
in a third-party action by a Licensee.
2.1.5. Additional Conditions. This License is not an assurance (i)
that any of Contributor’s copyrights or issued patent claims cover
an Implementation of the Specification or are enforceable or (ii) that
an Implementation of the Specification would not infringe intellectual
property rights of any third party.
2.2. Patent Licensing Commitment. In addition to the rights granted
in Section 2.1, Contributor agrees to grant everyone a no charge,
royalty-free license on reasonable and non-discriminatory terms
to Contributor’s Necessary Claims that are within Scope for:
1) Implementations of a Draft Specification, where such license
applies only to those Necessary Claims infringed by implementing
Contributor's Contribution(s) included in that Draft Specification,
and 2) Implementations of the Approved Specification.
This patent licensing commitment does not apply to those claims subject
to Contributor’s Exclusion Notice under Section 3.
2.3. Effect of Withdrawal. Contributor may withdraw from the Working Group
by issuing a pull request or commit providing notice of withdrawal to
the Working Group repository’s Notices.md file. All of Contributor’s
existing commitments and obligations with respect to the Working Group
up to the date of that withdrawal notice will remain in effect, but no
new obligations will be incurred.
2.4. Binding Encumbrance. This License is binding on any future owner,
assignee, or party who has been given the right to enforce any Necessary
Claims against third parties.
3. Patent Exclusion.
3.1. As a Result of Contributions. Contributor may exclude Necessary
Claims from its licensing commitments incurred under Section 2.1.1
by issuing an Exclusion Notice within 45 days of the date of that
Contribution. Contributor may not issue an Exclusion Notice for any
material that has been included in a Draft Deliverable for more than 45
days prior to the date of that Contribution.
3.2. As a Result of a Draft Specification Becoming an Approved
Specification. Prior to the adoption of a Draft Specification as an
Approved Specification, Contributor may exclude Necessary Claims from
its licensing commitments under this Agreement by issuing an Exclusion
Notice. Contributor may not issue an Exclusion Notice for patents that
were eligible to have been excluded pursuant to Section 3.1.
4. Source Code License. Any source code developed by the Working Group is
solely subject the source code license included in the Working Group’s
repository for that code. If no source code license is included, the
source code will be subject to the MIT License.
5. No Other Rights. Except as specifically set forth in this License, no
other express or implied patent, trademark, copyright, or other rights are
granted under this License, including by implication, waiver, or estoppel.
6. Antitrust Compliance. Contributor acknowledge that it may compete
with other participants in various lines of business and that it is
therefore imperative that they and their respective representatives
act in a manner that does not violate any applicable antitrust laws and
regulations. This License does not restrict any Contributor from engaging
in similar specification development projects. Each Contributor may
design, develop, manufacture, acquire or market competitive deliverables,
products, and services, and conduct its business, in whatever way it
chooses. No Contributor is obligated to announce or market any products
or services. Without limiting the generality of the foregoing, the
Contributors agree not to have any discussion relating to any product
pricing, methods or channels of product distribution, division of markets,
allocation of customers or any other topic that should not be discussed
among competitors under the auspices of the Working Group.
7. Non-Circumvention. Contributor agrees that it will not intentionally
take or willfully assist any third party to take any action for the
purpose of circumventing any obligations under this License.
8. Representations, Warranties and Disclaimers.
8.1. Representations, Warranties and Disclaimers. Contributor and Licensee
represents and warrants that 1) it is legally entitled to grant the
rights set forth in this License and 2) it will not intentionally include
any third party materials in any Contribution unless those materials are
available under terms that do not conflict with this License. IN ALL OTHER
RESPECTS ITS CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to
implementing or otherwise using the Contribution or the Specification
is assumed by the implementer and user. Except as stated herein,
CONTRIBUTOR AND LICENSEE EXPRESSLY DISCLAIM ANY WARRANTIES (EXPRESS,
IMPLIED, OR OTHERWISE), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY,
OR TITLE, RELATED TO THE CONTRIBUTION OR THE SPECIFICATION. IN NO EVENT
WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY
FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO
THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Any obligations regarding
the transfer, successors in interest, or assignment of Necessary Claims
will be satisfied if Contributor or Licensee notifies the transferee
or assignee of any patent that it knows contains Necessary Claims or
necessary claims under this License. Nothing in this License requires
Contributor to undertake a patent search. If Contributor is 1) employed by
or acting on behalf of an employer, 2) is making a Contribution under the
direction or control of a third party, or 3) is making the Contribution
as a consultant, contractor, or under another similar relationship with
a third party, Contributor represents that they have been authorized by
that party to enter into this License on its behalf.
8.2. Distribution Disclaimer. Any distributions of technical
information to third parties must include a notice materially similar
to the following: “THESE MATERIALS ARE PROVIDED “AS IS.” The
Contributors and Licensees expressly disclaim any warranties (express,
implied, or otherwise), including implied warranties of merchantability,
non-infringement, fitness for a particular purpose, or title, related to
the materials. The entire risk as to implementing or otherwise using the
materials is assumed by the implementer and user. IN NO EVENT WILL THE
CONTRIBUTORS OR LICENSEES BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS
OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO
THIS DELIVERABLE OR ITS GOVERNING AGREEMENT, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT
THE OTHER MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.”
9. Definitions.
9.1. Affiliate. “Affiliate” means an entity that directly or
indirectly Controls, is Controlled by, or is under common Control of
that party.
9.2. Approved Specification. “Approved Specification” means the final
version and contents of any Draft Specification designated as an Approved
Specification as set forth in the accompanying Governance.md file.
9.3. Contribution. “Contribution” means any original work of
authorship, including any modifications or additions to an existing
work, that Contributor submits for inclusion in a Draft Specification,
which is included in a Draft Specification or Approved Specification.
9.4. Contributor. “Contributor” means any person or entity that has
indicated its acceptance of the License 1) by making a Contribution to
the Specification, or 2) by entering into the Community Specification
Contributor License Agreement for the Specification. Contributor includes
its Affiliates, assigns, agents, and successors in interest.
9.5. Control. “Control” means direct or indirect control of more
than 50% of the voting power to elect directors of that corporation,
or for any other entity, the power to direct management of such entity.
9.6. Draft Specification. “Draft Specification” means all versions
of the material (except an Approved Specification) developed by this
Working Group for the purpose of creating, commenting on, revising,
updating, modifying, or adding to any document that is to be considered
for inclusion in the Approved Specification.
9.7. Exclusion Notice. “Exclusion Notice” means a written notice
made by making a pull request or commit to the repository’s Notices.md
file that identifies patents that Contributor is excluding from its
patent licensing commitments under this License. The Exclusion Notice
for issued patents and published applications must include the Draft
Specification’s name, patent number(s) or title and application
number(s), as the case may be, for each of the issued patent(s) or
pending patent application(s) that the Contributor is excluding from the
royalty-free licensing commitment set forth in this License. If an issued
patent or pending patent application that may contain Necessary Claims
is not set forth in the Exclusion Notice, those Necessary Claims shall
continue to be subject to the licensing commitments under this License.
The Exclusion Notice for unpublished patent applications must provide
either: (i) the text of the filed application; or (ii) identification
of the specific part(s) of the Draft Specification whose implementation
makes the excluded claim a Necessary Claim. If (ii) is chosen, the
effect of the exclusion will be limited to the identified part(s) of
the Draft Specification.
9.8. Implementation. “Implementation” means making, using, selling,
offering for sale, importing or distributing any implementation of the
Specification 1) only to the extent it implements the Specification and 2)
so long as all required portions of the Specification are implemented.
9.9. License. “License” means this Community Specification License.
9.10. Licensee. “Licensee” means any person or entity that has
indicated its acceptance of the License as set forth in Section 2.1.3.
Licensee includes its Affiliates, assigns, agents, and successors in
interest.
9.11. Necessary Claims. “Necessary Claims” are those patent claims, if
any, that a party owns or controls, including those claims later acquired,
that are necessary to implement the required portions (including the
required elements of optional portions) of the Specification that are
described in detail and not merely referenced in the Specification.
9.12. Specification. “Specification” means a Draft Specification
or Approved Specification included in the Working Group’s repository
subject to this License, and the version of the Specification implemented
by the Licensee.
9.13. Scope. “Scope” has the meaning as set forth in the accompanying
Scope.md file included in this Specification’s repository. Changes
to Scope do not apply retroactively. If no Scope is provided, each
Contributor’s Necessary Claims are limited to that Contributor’s
Contributions.
9.14. Working Group. “Working Group” means this project to develop
specifications, standards, best practices, guidelines, and other similar
materials under this License.
The text of this Community Specification License is Copyright 2020
Joint Development Foundation and is licensed under the Creative
Commons Attribution 4.0 International License available at
https://creativecommons.org/licenses/by/4.0/.
SPDX-License-Identifier: CC-BY-4.0
LICENSE AND WARRANTY
Version 4.0.3
The CSLA .NET framework is Copyright 2013 by Marimer, LLC.
You can use this Software for any noncommercial purpose, including
distributing derivative works. You can use this Software for any commercial
purpose other than you may not use it, in whole or in part, to create a
commercial framework product.
In short, you can use CSLA .NET and modify it to create other commercial or
business software, you just can't take the framework itself, modify it and
sell it as a product.
In return, the owner simply requires that you agree:
This Software License Agreement ("Agreement") is effective
upon your use of CSLA .NET ("Software").
1. Ownership.
The CSLA .NET framework is Copyright 2013 by Marimer, LLC,
Eden Prairie, MN, USA.
2. Copyright Notice.
You must not remove any copyright notices from the Software source code.
3. License.
The owner hereby grants a perpetual, non-exclusive, limited license to use
the Software as set forth in this Agreement.
4. Source Code Distribution.
If you distribute the Software in source code form you must do so only under
this License (i.e. you must include a complete copy of this License with
your distribution).
5. Binary or Object Distribution.
You may distribute the Software in binary or object form with no requirement
to display copyright notices to the end user. The binary or object form must
retain the copyright notices included in the Software source code.
6. Restrictions.
You may not sell the Software. If you create a software development framework
based on the Software as a derivative work, you may not sell that derivative
work. This does not restrict the use of the Software for creation of other
types of non-commercial or commercial applications or derivative works.
7. Disclaimer of Warranty.
The Software comes "as is", with no warranties. None whatsoever. This means
no express, implied, statutory or other warranty, including without
limitation, warranties of merchantability or fitness for a particular
purpose, noninfringement, or the presence or absence of errors, whether or
not discoverable. You, and your distributees, use this Software at your own
risk. Also, you must pass this disclaimer on whenever you distribute
the Software.
8. Liability.
Neither Marimer, LLC nor any contributor to the Software will be liable
for any type of direct damages or for any of those types of damages known
as indirect, special, consequential, incidental, punitive or exemplary
related to the Software or this License, to the maximum extent the law
permits, no matter what legal theory it’s based on. Also, you must pass
this limitation of liability on whenever you distribute the Software.
9. Patents.
If you sue anyone over patents that you think may apply to the Software
for a person's use of the Software, your license to the Software ends
automatically.
The patent rights, if any, licensed hereunder only apply to the Software,
not to any derivative works you make.
10. Termination.
Your rights under this License end automatically if you breach it in any way.
Marimer, LLC reserves the right to release the Software under different
license terms or to stop distributing the Software at any time. Such an
election will not serve to withdraw this Agreement, and this Agreement will
continue in full force and effect unless terminated as stated above.
11. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws
of the state of Minnesota, USA.
12. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned
by Licensee without the prior express written approval of Developer.
13. Final Agreement.
This Agreement terminates and supersedes all prior understandings or
agreements on the subject matter hereof. This Agreement may be modified
only by a further writing that is duly executed by both parties.
14. Severability.
If any term of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, then this Agreement, including all of the
remaining terms, will remain in full force and effect as if such invalid
or unenforceable term had never been included.
15. Headings.
Headings used in this Agreement are provided for convenience only and shall
not be used to construe meaning or intent.
Redistribution of the CSPRNG
modules and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice
and this permission notice in its entirety.
2. Redistributions in binary form must reproduce the copyright notice in
the documentation and/or other materials provided with the distribution.
3. A copy of any bugfixes or enhancements made must be provided to the
author, <pgut001@cs.auckland.ac.nz> to allow them to be added to the
baseline version of the code.
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
* Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of Creative Technology Ltd or its affiliates ("CTL")
nor the names of its suppliers may be used to endorse or promote
products derived from this software without specific prior written
permission.
* No reverse engineering, decompilation, or disassembly of this software
(or any part thereof) is permitted.
Limited patent license. CTL grants a limited, world-wide,
royalty-free, non-exclusive license under patents it now or hereafter
owns or controls to make, have made, use, import, offer to sell and
sell ("Utilize") this software, but strictly only to the extent that any
such patent is necessary to Utilize the software alone, or in
combination with an operating system licensed under an approved Open
Source license as listed by the Open Source Initiative at
http://opensource.org/licenses. The patent license shall not be
applicable, to any other combinations which include this software.
No hardware per se is licensed hereunder.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
NO OTHER RIGHTS GRANTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF
THIS SOFTWARE SHALL NOT CREATE OR GIVE GROUNDS FOR A LICENSE BY
IMPLICATION, ESTOPPEL, OR OTHERWISE TO ANY INTELLECTUAL PROPERTY RIGHTS
(PATENT, COPYRIGHT, TRADE SECRET, MASK WORK, OR OTHER PROPRIETARY RIGHT)
EMBODIED IN ANY OTHER CTL HARDWARE OR SOFTWARE WHETHER SOLELY OR IN
COMBINATION WITH THIS SOFTWARE.
CUA Office Public License Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such
entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made
by that Contributor with other software (except as part of the
Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by
that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six
(6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after
the Modification is made available as described in Section 3.2,
Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
CUA Office Project may publish revised
and/or new versions of the License from time to time. Each version
will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms
of any subsequent version of the License published by CUA Office Project. No one
other than CUA Office Project has the right to modify the terms applicable to
Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that
the phrases "CUA Office", "CUA", "CUAPL", or any confusingly similar phrase do not appear in your
license (except to note that your license differs from this License)
and (b) otherwise make it clear that Your version of the license
contains terms which differ from the CUA Office Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in
Exhibit A shall not of themselves be deemed to be modifications of
this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those
rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of,
or an entity chartered or registered to do business in the United
States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County,
California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the NPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - CUA Office Public License.
``The contents of this file are subject to the CUA Office Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://cuaoffice.sourceforge.net/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is .
The Initial Developer of the Original Code is .
Portions created by are Copyright (C)
. All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms
of the license (the "[ ] License"), in which case the
provisions of [ ] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [ ] License and not to allow others to use
your version of this file under the CUAPL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [ ] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the CUAPL or the [ ] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
Cube game engine source code, 20 dec 2003 release.
Copyright (C) 2001-2003 Wouter van Oortmerssen.
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software in a
product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
additional clause specific to Cube:
4. Source versions may not be "relicensed" under a different license
without my explicitly written permission.
Cubiware Sp. z o.o. Software License Version 1.0
Any rights which are not expressly granted in this License are entirely and
exclusively reserved to and by Cubiware Sp. z o.o. You may not rent, lease,
modify, translate, reverse engineer, decompile, disassemble, or create
derivative works based on this Software. You may not make access to this
Software available to others in connection with a service bureau,
application service provider, or similar business, or make any other use of
this Software without express written permission from Cubiware Sp. z o.o.
Any User wishing to make use of this Software must contact
Cubiware Sp. z o.o. to arrange an appropriate license. Use of the Software
includes, but is not limited to:
(1) integrating or incorporating all or part of the code into a product for
sale or license by, or on behalf of, User to third parties;
(2) distribution of the binary or source code to third parties for use with
a commercial product sold or licensed by, or on behalf of, User.
In addition, as the copyright holder of CUPS, Apple Inc. grants
the following special exceptions:
1. Apple Operating System Development License Exception;
a. Software that is developed by any person or entity
for an Apple Operating System ("Apple OS-Developed
Software"), including but not limited to Apple and
third party printer drivers, filters, and backends
for an Apple Operating System, that is linked to the
CUPS imaging library or based on any sample filters
or backends provided with CUPS shall not be
considered to be a derivative work or collective work
based on the CUPS program and is exempt from the
mandatory source code release clauses of the GNU GPL.
You may therefore distribute linked combinations of
the CUPS imaging library with Apple OS-Developed
Software without releasing the source code of the
Apple OS-Developed Software. You may also use sample
filters and backends provided with CUPS to develop
Apple OS-Developed Software without releasing the
source code of the Apple OS-Developed Software.
b. An Apple Operating System means any operating system
software developed and/or marketed by Apple Inc.,
including but not limited to all existing releases and
versions of Apple's Darwin, OS X, and OS X Server
products and all follow-on releases and future
versions thereof.
c. This exception is only available for Apple
OS-Developed Software and does not apply to software
that is distributed for use on other operating
systems.
d. All CUPS software that falls under this license
exception have the following text at the top of each
source file:
This file is subject to the Apple OS-Developed
Software exception.
2. OpenSSL Toolkit License Exception;
a. Apple Inc. explicitly allows the compilation and
distribution of the CUPS software with the OpenSSL
Toolkit.
No developer is required to provide these exceptions in a
derived work.
Software License Agreement
Copyright 2007-2009 by Apple Inc.
1 Infinite Loop
Cupertino, CA 95014 USA
WWW: http://www.cups.org/
Introduction
CUPSTM is provided under the GNU General Public License ("GPL") and GNU Library General Public License ("LGPL"), Version 2, with exceptions for Apple operating systems and the OpenSSL toolkit. A copy of the exceptions and licenses follow this introduction.
The GNU LGPL applies to the CUPS and CUPS Imaging libraries located in the "cups" and "filter" subdirectories of the CUPS source distribution and in the "cups" include directory and library files in the binary distributions. The GNU GPL applies to the remainder of the CUPS distribution, including the "pdftops" filter which is based upon Xpdf.
For those not familiar with the GNU GPL, the license basically allows you to:
Use the CUPS software at no charge.
Distribute verbatim copies of the software in source or binary form.
Sell verbatim copies of the software for a media fee, or sell support for the software.
What this license does not allow you to do is make changes or add features to CUPS and then sell a binary distribution without source code. You must provide source for any changes or additions to the software, and all code must be provided under the GPL or LGPL as appropriate. The only exceptions to this are the portions of the CUPS software covered by the Apple operating system license exceptions outlined later in this license agreement.
The GNU LGPL relaxes the "link-to" restriction, allowing you to develop applications that use the CUPS and CUPS Imaging libraries under other licenses and/or conditions as appropriate for your application, driver, or filter.
License Exceptions
In addition, as the copyright holder of CUPS, Apple Inc. grants the following special exceptions:
Apple Operating System Development License Exception;
Software that is developed by any person or entity for an Apple Operating System ("Apple OS-Developed Software"), including but not limited to Apple and third party printer drivers, filters, and backends for an Apple Operating System, that is linked to the CUPS imaging library or based on any sample filters or backends provided with CUPS shall not be considered to be a derivative work or collective work based on the CUPS program and is exempt from the mandatory source code release clauses of the GNU GPL. You may therefore distribute linked combinations of the CUPS imaging library with Apple OS-Developed Software without releasing the source code of the Apple OS-Developed Software. You may also use sample filters and backends provided with CUPS to develop Apple OS-Developed Software without releasing the source code of the Apple OS-Developed Software.
An Apple Operating System means any operating system software developed and/or marketed by Apple Computer, Inc., including but not limited to all existing releases and versions of Apple's Darwin, Mac OS X, and Mac OS X Server products and all follow-on releases and future versions thereof.
This exception is only available for Apple OS-Developed Software and does not apply to software that is distributed for use on other operating systems.
All CUPS software that falls under this license exception have the following text at the top of each source file:
This file is subject to the Apple OS-Developed Software exception.
OpenSSL Toolkit License Exception;
Apple Inc. explicitly allows the compilation and distribution of the CUPS software with the OpenSSL Toolkit.
No developer is required to provide these exceptions in a derived work.
Kerberos Support Code
The Kerberos support code ("KSC") is copyright 2006 by Jelmer Vernooij and is provided 'as-is', without any express or implied warranty. In no event will the author or Apple Inc. be held liable for any damages arising from the use of the KSC.
Sources files containing KSC have the following text at the top of each source file:
This file contains Kerberos support code, copyright 2006 by Jelmer Vernooij.
The KSC copyright and license apply only to Kerberos-related feature code in CUPS. Such code is typically conditionally compiled based on the present of the HAVE_GSSAPI preprocessor definition.
Permission is granted to anyone to use the KSC for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
The origin of the KSC must not be misrepresented; you must not claim that you wrote the original software. If you use the KSC in a product, an acknowledgment in the product documentation would be appreciated but is not required.
Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
This notice may not be removed or altered from any source distribution.
Trademarks
CUPS and the CUPS logo (the "CUPS Marks") are trademarks of Apple Inc. Apple grants you a non-exclusive and non-transferable right to use the CUPS Marks in any direct port or binary distribution incorporating CUPS software and in any promotional material therefor. You agree that your products will meet the highest levels of quality and integrity for similar goods, not be unlawful, and be developed, manufactured, and distributed in compliance with this license. You will not interfere with Apple's rights in the CUPS Marks, and all use of the CUPS Marks shall inure to the benefit of Apple. This license does not apply to use of the CUPS Marks in a derivative products, which requires prior written permission from Apple Inc.
Permission to use, copy, modify, and distribute this software for any purpose
with or without fee is hereby granted, provided that the above copyright
notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN
NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE
OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not
be used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization of the copyright holder.
CVE Usage: MITRE hereby grants you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
derivative works of, publicly display, publicly perform, sublicense, and
distribute Common Vulnerabilities and Exposures (CVE®). Any copy you make for
such purposes is authorized provided that you reproduce MITRE's copyright
designation and this license in any such copy.
DISCLAIMERS
ALL DOCUMENTS AND THE INFORMATION CONTAINED THEREIN PROVIDED BY MITRE ARE
PROVIDED ON AN "AS IS" BASIS AND THE CONTRIBUTOR, THE ORGANIZATION HE/SHE
REPRESENTS OR IS SPONSORED BY (IF ANY), THE MITRE CORPORATION, ITS BOARD OF
TRUSTEES, OFFICERS, AGENTS, AND EMPLOYEES, DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
INFORMATION THEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Collaborative Virtual Workspace License (CVW)
License Agreement
General
1. Redistribution of the CVW software or derived works must reproduce MITRE's copyright designation and this License in the documentation and/or other materials provided with the distribution.
Copyright © . The MITRE Corporation (http://www.mitre.org/). All Rights Reserved.
2. The terms "MITRE" and "The MITRE Corporation" are trademarks of The MITRE Corporation and must not be used to endorse or promote products derived from this software or in redistribution of this software in any form.
3. The terms "CVW" and "Collaborative Virtual Workspace" are trademarks of The MITRE Corporation and must not be used to endorse or promote products derived from this software without the prior written permission of MITRE. For written permission, please contact corpc@mitre.org.
4. UNITED STATES GOVERNMENT RIGHTS: This software was produced for the U.S. Government under Contract No. F19628-99-C-0001, and is subject to the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation Clause (DFARS) 252.227-7014 (JUN 1995). The Licensee agrees that the US Government will not be charged any license fee and/or royalties related to this software.
5. Downloaders of the CVW software may choose to have their access to and use of the CVW software governed under either the GNU General Public License (Version 2) or the Mozilla License (Version 1.0). In either case, if you transmit source code improvements or modifications to MITRE, you agree to assign to MITRE copyright to such improvements or modifications, which MITRE will then make available from MITRE's web site.
6. If you choose to use the Mozilla License (Version 1.0), please note that because the software in this module was developed using, at least in part, Government funds, the Government has certain rights in the module which apply instead of the Government rights in Section 10 of the Mozilla License. These Government rights DO NOT affect your right to use the module on an Open Source basis as set forth in the Mozilla License. The statement of Government rights which replaces Section 10 of the Mozilla License is stated in Section 4 above.
CWE Usage: MITRE hereby grants you a non-exclusive, royalty-free license to use
CWE for research, development, and commercial purposes. Any copy you make for
such purposes is authorized on the condition that you reproduce MITRE’s
copyright designation and this license in any such copy.
DISCLAIMERS
ALL DOCUMENTS AND THE INFORMATION CONTAINED IN THE CWE ARE PROVIDED ON AN
"AS IS" BASIS AND THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS OR IS
SPONSORED BY (IF ANY), THE MITRE CORPORATION, ITS BOARD OF TRUSTEES, OFFICERS,
AGENTS, AND EMPLOYEES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION THEREIN WILL NOT
INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS OR IS
SPONSORED BY (IF ANY), THE MITRE CORPORATION, ITS BOARD OF TRUSTEES, OFFICERS,
AGENTS, AND EMPLOYEES BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE INFORMATION OR THE USE OR OTHER DEALINGS IN THE CWE.
This copy of the CxImage notices is provided for your convenience. In case of
any discrepancy between this copy and the notices in the file ximage.h that is
included in the CxImage distribution, the latter shall prevail.
If you modify CxImage you may insert additional notices immediately following
this sentence.
--------------------------------------------------------------------------------
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
CxImage version 5.99c 17/Oct/2004
CxImage : Copyright (C) 2001 - 2004, Davide Pizzolato
Original CImage and CImageIterator implementation are:
Copyright (C) 1995, Alejandro Aguilar Sierra (asierra(at)servidor(dot)unam(dot)mx)
Covered code is provided under this license on an "as is" basis, without warranty
of any kind, either expressed or implied, including, without limitation, warranties
that the covered code is free of defects, merchantable, fit for a particular purpose
or non-infringing. The entire risk as to the quality and performance of the covered
code is with you. Should any covered code prove defective in any respect, you (not
the initial developer or any other contributor) assume the cost of any necessary
servicing, repair or correction. This disclaimer of warranty constitutes an essential
part of this license. No use of any covered code is authorized hereunder except under
this disclaimer.
Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, including commercial applications,
freely and without fee, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
--------------------------------------------------------------------------------
Other information: about CxImage, and the latest version, can be found at the
CxImage home page: http://www.xdp.it
--------------------------------------------------------------------------------
In accordance with section 10 of the GPL, Red Hat permits programs whose
sources are distributed under a license that complies with the Open
Source definition to be linked with libcygwin.a without libcygwin.a
itself causing the resulting program to be covered by the GNU GPL.
As a special exception to GPLv3+, Red Hat grants you permission to link
software whose sources are distributed under a license that satisfies
the Open Source Definition with libcygwin.a, without libcygwin.a
itself causing the resulting program to be covered by GPLv3+.
As a special exception, the copyright holders of the Cygwin library grant you
additional permission to link libcygwin.a, crt0.o, and gcrt0.o with independent
modules to produce an executable, and to convey the resulting executable under
terms of your choice, without any need to comply with the conditions of LGPLv3
section 4. An independent module is a module which is not itself based on the
Cygwin library.
### CYPRESS WIRELESS CONNECTIVITY DEVICES
### DRIVER END USER LICENSE AGREEMENT (SOURCE AND BINARY DISTRIBUTION)
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, ANY ACCOMPANYING
DOCUMENTATION, OR ANY UPDATES PROVIDED BY CYPRESS ("Software"). BY
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE. IF YOU HAVE
PURCHASED THE SOFTWARE, YOUR RIGHT TO RETURN THE SOFTWARE EXPIRES 30 DAYS
AFTER YOUR PURCHASE AND APPLIES ONLY TO THE ORIGINAL PURCHASER.
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Software to reproduce and distribute the Software in object code form only,
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Software Provided in Source Code Form. This paragraph applies to any Software
provided in source code form ("Cypress Source Code"). Subject to the terms and
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to reproduce, modify, compile, and distribute the Cypress Source Code (whether
in source code form or as compiled into binary code form) solely for the
Purpose. Cypress retains ownership of the Cypress Source Code and any compiled
version thereof. Subject to Cypress' ownership of the underlying Cypress
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notices from the Cypress Source Code and any modifications thereof. Any
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the Cypress Source Code except as permitted in this paragraph is prohibited
without the express written permission of Cypress.
Free and Open Source Software. Portions of the Software may be licensed under
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Proprietary Rights. The Software, including all intellectual property rights
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Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYPRESS MAKES
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THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS
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LIMITATION MAY NOT APPLY TO YOU.
Restricted Rights. The Software under this Agreement is commercial computer
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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of the CyVerse, BIO5, The University of Arizona, Cold Spring Harbor Laboratory, The University of Texas at Austin, nor the names of other contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Arizona Required Clauses:
1.1. Arbitration. The parties agree that if a dispute arises between them concerning this Agreement, the parties may be required to submit the matter to arbitration pursuant to Arizona law.
1.2. Applicable Law and Venue. This Agreement shall be interpreted pursuant to the laws of the State of Arizona. Any arbitration or litigation between the Parties shall be conducted in Pima County, ARIZONA, and LICENSEE hereby submits to venue and jurisdiction in Pima County, ARIZONA.
1.3. Non-Discrimination. The Parties agree to be bound by state and federal laws and regulations governing equal opportunity and non-discrimination and immigration.
1.4. Appropriation of Funds. The Parties recognize that performance by ARIZONA may depend upon appropriation of funds by the State Legislature of ARIZONA. If the Legislature fails to appropriate the necessary funds, or if ARIZONA’S appropriation is reduced during the fiscal year, ARIZONA may cancel this Agreement without further duty or obligation. ARIZONA will notify LICENSEE as soon as reasonably possible after it knows of the loss of funds.
1.5. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38-511 and other conflict of interest regulations. Within three years of the EFFECTIVE DATE, ARIZONA may cancel this Agreement if any person significantly involved in initiating, negotiating, drafting, securing, or creating this Agreement for or on behalf of ARIZONA becomes an employee or consultant in any capacity of LICENSEE with respect to the subject matter of this Agreement.
Deutsche Freie Software Lizenz
(c) Ministerium für Wissenschaft und Forschung
Nordrhein-Westfalen 2004
Erstellt von Axel Metzger und Till Jaeger,
Institut für Rechtsfragen der Freien und Open
Source Software - <http://www.ifross.de>.
Präambel
Software ist mehr als ein Wirtschaftsgut. Sie ist
die technische Grundlage der
Informationsgesellschaft. Die Frage der Teilhabe
der Allgemeinheit ist deswegen von besonderer
Bedeutung. Herkömmlich lizenzierte Programme
werden nur im Object Code vertrieben, der Nutzer
darf das Programm weder verändern noch
weitergeben. Das Lizenzmodell der Freien Software
(synonym "Open Source Software") gewährt Ihnen
dagegen umfassende Freiheiten im Umgang mit dem
Programm. Die Deutsche Freie Software Lizenz
folgt diesem Lizenzmodell. Sie gewährt Ihnen das
Recht, das Programm in umfassender Weise zu
nutzen. Es ist Ihnen gestattet, das Programm nach
Ihren Vorstellungen zu verändern, in veränderter
oder unveränderter Form zu vervielfältigen, zu
verbreiten und öffentlich zugänglich zu machen.
Diese Rechte werden unentgeltlich eingeräumt.
Die Deutsche Freie Software Lizenz verbindet die
Rechtseinräumung allerdings mit Pflichten, die
dem Zweck dienen, das freie Zirkulieren des
Programms und aller veröffentlichten
Fortentwicklungen zu sichern. Wenn Sie das
Programm verbreiten oder öffentlich zugänglich
machen, dann müssen Sie jedem, der das Programm
von Ihnen erhält, eine Kopie dieser Lizenz
mitliefern und den Zugriff auf den Source Code
ermöglichen. Eine weitere Pflicht betrifft
Fortentwicklungen des Programms. Änderungen am
Programm, die Sie öffentlich verbreiten oder
zugänglich machen, müssen nach den Bestimmungen
dieser Lizenz frei gegeben werden.
Die Deutsche Freie Software Lizenz nimmt auf die
besonderen Anforderungen des deutschen und
europäischen Rechts Rücksicht. Sie ist
zweisprachig gestaltet und damit auch auf den
internationalen Vertrieb ausgerichtet.
§ 0 Definitionen
Dokumentation: Die Beschreibung des Aufbaus
und/oder der Struktur der Programmierung und/oder
der Funktionalitäten des Programms, unabhängig
davon, ob sie im Source Code oder gesondert
vorgenommen wird.
Lizenz: Die zwischen dem Lizenzgeber und Ihnen
geschlossene Vereinbarung mit dem Inhalt der
"Deutschen Freien Software Lizenz" bzw. das
Angebot hierzu.
Lizenznehmer: Jede natürliche oder juristische
Person, die die Lizenz angenommen hat.
Programm: Jedes Computerprogramm, das von den
Rechtsinhabern nach den Bestimmungen dieser
Lizenz verbreitet oder öffentlich zugänglich
gemacht worden ist.
Object Code: Die maschinenlesbare, übersetzte
Form des Programms.
Öffentlich: Nicht nur an einen bestimmten
Personenkreis gerichtet, der persönlich oder
durch die Zugehörigkeit zu einer juristischen
Person oder einem öffentlichen Träger miteinander
verbunden ist.
Öffentlich zugänglich machen: Die öffentliche
Weitergabe des Programms in unkörperlicher Form,
insbesondere das Bereithalten zum Download in
Datennetzen.
Rechtsinhaber: Der bzw. die Urheber oder
sonstigen Inhaber der ausschließlichen
Nutzungsrechte an dem Programm.
Source Code: Die für Menschen lesbare, in
Programmiersprache dargestellte Form des
Programms.
Verändern: Jede Erweiterung, Kürzung und
Bearbeitung des Programms, insbesondere
Weiterentwicklungen.
Verbreiten: Die öffentliche Weitergabe
körperlicher Vervielfältigungsstücke,
insbesondere auf Datenträgern oder in Verbindung
mit Hardware.
Vollständiger Source Code: Der Source Code in der
für die Erstellung bzw. die Bearbeitung benutzten
Form zusammen mit den zur Übersetzung und
Installation erforderlichen Konfigurationsdateien
und Software-Werkzeugen, sofern diese in der
benötigten Form nicht allgemein gebräuchlich
(z.B. Standard-Kompiler) oder für jedermann
lizenzgebührenfrei im Internet abrufbar sind.
§ 1 Rechte
(1) Sie dürfen das Programm in unveränderter Form
vervielfältigen, verbreiten und öffentlich
zugänglich machen.
(2) Sie dürfen das Programm verändern und
entsprechend veränderte Versionen
vervielfältigen, verbreiten und öffentlich
zugänglich machen. Gestattet ist auch die
Kombination des Programms oder Teilen hiervon mit
anderen Programmen.
(3) Sie erhalten die Rechte unentgeltlich.
§ 2 Pflichten beim Vertrieb
(1) Wenn Sie das Programm verbreiten oder
öffentlich zugänglich machen, sei es in
unveränderter oder veränderter Form, sei es in
einer Kombination mit anderen Programmen oder in
Verbindung mit Hardware, dann müssen sie
mitliefern:
1. alle Vermerke im Source Code und/oder Object
Code, die auf diese Lizenz hinweisen;
2. alle Vermerke im Source Code und/oder Object
Code, die über die Urheber des Programms Auskunft
geben;
3. einen für den Empfänger deutlich wahrnehmbaren
Hinweis auf diese Lizenz und die Internetadresse
<http://www.d-fsl.de>;
4. den vollständigen Text dieser Lizenz in
deutlich wahrnehmbarer Weise.
(2) Wenn bei der Installation des Programms
und/oder beim Programmstart Lizenz- und/oder
Vertragsbedingungen angezeigt werden, dann müssen
1. diese Lizenz,
2. ein Hinweis auf diese Lizenz und
3. ein Hinweis auf den oder die Rechtsinhaber an
den ersten unter dieser Lizenz nutzbaren
Programmbestandteilen
ebenfalls angezeigt werden.
(3) Sie dürfen die Nutzung des Programms nicht
von Pflichten oder Bedingungen abhängig machen,
die nicht in dieser Lizenz vorgesehen sind.
(4) Sofern Sie mit dem Programm eine
Dokumentation erhalten haben, muss diese
Dokumentation entsprechend mitgeliefert werden,
es sei denn, die freie Mitlieferung der
Dokumentation ist Ihnen aufgrund der Lizenz für
die Dokumentation nicht gestattet.
§ 3 Weitere Pflichten beim Vertrieb veränderter
Versionen
(1) Veränderte Versionen des Programms dürfen Sie
nur unter den Bedingungen dieser Lizenz
verbreiten oder öffentlich zugänglich machen, so
dass Dritte das veränderte Programm insgesamt
unter dieser Lizenz nutzen können.
(2) Wird das Programm oder ein Teil hiervon mit
einem anderen Programm kombiniert, gilt auch die
Kombination insgesamt als eine veränderte Version
des Programms, es sei denn, das andere Programm
ist formal und inhaltlich eigenständig. Ein
anderes Programm ist dann als eigenständig
anzusehen, wenn es die folgenden Voraussetzungen
alle erfüllt:
1. Der Source Code der kombinierten Programme
muss jeweils in eigenen Dateien vorhanden sein,
die keine Bestandteile des anderen Teils
enthalten, die über die zur Programmkombination
üblichen und erforderlichen Informationen über
den anderen Teil hinausgehen, wobei der Source
Code des anderen Programms nicht mitgeliefert
werden muss.
2. Der mit dem Programm kombinierte Teil muss
auch dann sinnvoll nutzbar sein, wenn er nicht
mit dem Programm kombiniert wird, und zwar
entweder alleine oder mit sonstigen Programmen.
Was als "sinnvoll nutzbar" anzusehen ist, richtet
sich nach der Auffassung der betroffenen
Fachkreise. Zu den betroffenen Fachkreisen
gehören alle Personen, die das Programm oder
Programme mit vergleichbarer Funktionalität
entwickeln, benutzen, verbreiten oder öffentlich
zugänglich machen.
(3) Wenn Sie das Programm oder einen Teil hiervon
- verändert oder unverändert - zusammen mit einem
anderen Programm verbreiten oder öffentlich
zugänglich machen, das unter der GNU General
Public License (GPL) lizenziert wird, darf das
Programm auch unter den Bedingungen der GPL
genutzt werden, sofern es mit dem anderen
Programm ein "derivative work" im Sinne der GPL
bildet. Dabei sollen die Hinweise auf diese
Lizenz entfernt und durch einen Hinweis auf die
GPL ersetzt werden. Ob bei der Zusammenstellung
ein "derivate work" im Sinne der GPL entsteht,
beurteilt sich nach Ziffer 2 b) der GPL. Diese
Bestimmung lautet: "You must cause any work that
you distribute or publish, that in whole or in
part contains or is derived from the Program or
any part thereof, to be licensed as a whole at no
charge to all third parties under the terms of
this License." Die GPL kann abgerufen werden
unter <http://www.fsf.org/licenses/gpl>.
(4) Wenn Sie das Programm in einer veränderten
Form verbreiten oder öffentlich zugänglich
machen, müssen Sie im Source Code einen Hinweis
mit den Änderungen aufnehmen und mit dem Datum
der Änderung versehen. Der Hinweis muss erkennen
lassen, welche Änderungen vorgenommen wurden und
bestehende Vermerke, die über die Urheber des
Programms Auskunft geben, übernehmen. Dies gilt
unabhängig davon, ob Sie einen eigenen
Urhebervermerk hinzufügen. Anstelle eines
Hinweises im Source Code können Sie auch ein
Versionskontrollsystem verwenden oder
weiterführen, sofern dieses mitverbreitet wird
oder öffentlich zugänglich ist.
(5) Sie dürfen von Dritten für die Einräumung
eines einfachen Nutzungsrechts an veränderten
Versionen des Programms kein Entgelt verlangen.
(6) Wenn Sie an der veränderten Version des
Programms ein anderes Schutzrecht als ein
Urheberrecht erwerben, insbesondere ein Patent
oder Gebrauchsmuster, lizenzieren Sie dieses
Schutzrecht für veränderte und unveränderte
Versionen des Programms in dem Umfang, der
erforderlich ist, um die Rechte aus dieser Lizenz
wahrnehmen zu können.
§ 4 Weitere Pflichten beim Vertrieb im Object
Code
(1) Wenn Sie das Programm nur im Object Code
verbreiten, dann müssen Sie zusätzlich zu den in
§ 2 und § 3 geregelten Pflichten entweder
1. den vollständigen Source Code im Internet
öffentlich zugänglich machen und bei der
Verbreitung des Object Codes deutlich auf die
vollständige Internetadresse hinweisen, unter der
der Source Code abgerufen werden kann oder
2. den vollständigen Source Code auf einem
hierfür üblichen Datenträger unter Beachtung der
§§ 2 und 3 mitverbreiten.
(2) Wenn Sie das Programm im Object Code
öffentlich zugänglich machen, dann müssen Sie
zusätzlich zu den in § 2 und § 3 geregelten
Pflichten den vollständigen Source Code im
Internet öffentlich zugänglich machen und dabei
deutlich auf die vollständige Internetadresse
hinweisen.
(3) Sofern Sie mit dem Programm eine
Dokumentation erhalten haben, muss diese
Dokumentation entsprechend der Absätze 1 und 2
mitgeliefert werden, es sei denn, die freie
Mitlieferung der Dokumentation ist Ihnen aufgrund
der Lizenz für die Dokumentation nicht gestattet.
§ 5 Vertragsschluss
(1) Mit dieser Lizenz wird Ihnen und jeder
anderen Person ein Angebot auf Abschluss eines
Vertrages über die Nutzung des Programms unter
den Bedingungen der Deutschen Freien
Softwarelizenz unterbreitet.
(2) Sie dürfen das Programm nach den jeweils
anwendbaren gesetzlichen Vorschriften
bestimmungsgemäß benutzen, ohne dass es der
Annahme dieser Lizenz bedarf. Dieses Recht
umfasst in der Europäischen Union und in den
meisten anderen Rechtsordnungen insbesondere die
folgenden Befugnisse:
1. das Programm ablaufen zu lassen sowie die
Erstellung von hierfür erforderlichen
Vervielfältigungen im Haupt- und Arbeitsspeicher;
2. das Erstellen einer Sicherungskopie;
3. die Fehlerberichtigung;
4. die Weitergabe einer rechtmäßig erworbenen
körperlichen Kopie des Programms.
(3) Sie erklären Ihre Zustimmung zum Abschluss
dieser Lizenz, indem Sie das Programm verbreiten,
öffentlich zugänglich machen, verändern oder in
einer Weise vervielfältigen, die über die
bestimmungsgemäße Nutzung im Sinne von Absatz 2
hinausgeht. Ab diesem Zeitpunkt ist diese Lizenz
als rechtlich verbindlicher Vertrag zwischen den
Rechtsinhabern und Ihnen geschlossen, ohne dass
es eines Zugangs der Annahmeerklärung bei den
Rechtsinhabern bedarf.
(4) Sie und jeder andere Lizenznehmer erhalten
die Rechte aus dieser Lizenz direkt von den
Rechtsinhabern. Eine Unterlizenzierung oder
Übertragung der Rechte ist nicht gestattet.
§ 6 Beendigung der Rechte bei Zuwiderhandlung
(1) Jede Verletzung Ihrer Verpflichtungen aus
dieser Lizenz führt zu einer automatischen
Beendigung Ihrer Rechte aus dieser Lizenz.
(2) Die Rechte Dritter, die das Programm oder
Rechte an dem Programm von Ihnen erhalten haben,
bleiben hiervon unberührt.
§ 7 Haftung und Gewährleistung
(1) Für entgegenstehende Rechte Dritter haften
die Rechtsinhaber nur, sofern sie Kenntnis von
diesen Rechten hatten, ohne Sie zu informieren.
(2) Die Haftung für Fehler und sonstige Mängel
des Programms richtet sich nach den außerhalb
dieser Lizenz getroffenen Vereinbarungen zwischen
Ihnen und den Rechtsinhabern oder, wenn eine
solche Vereinbarung nicht existiert, nach den
gesetzlichen Regelungen.
§ 8 Verträge mit Dritten
(1) Diese Lizenz regelt nur die Beziehung
zwischen Ihnen und den Rechtsinhabern. Sie ist
nicht Bestandteil der Verträge zwischen Ihnen und
Dritten.
(2) Die Lizenz beschränkt Sie nicht in der
Freiheit, mit Dritten, die von Ihnen Kopien des
Programms erhalten oder Leistungen in Anspruch
nehmen, die im Zusammenhang mit dem Programm
stehen, Verträge beliebigen Inhalts zu schließen,
sofern Sie dabei Ihren Verpflichtungen aus dieser
Lizenz nachkommen und die Rechte der Dritten aus
dieser Lizenz nicht beeinträchtigt werden.
Insbesondere dürfen Sie für die Überlassung des
Programms oder sonstige Leistungen ein Entgelt
verlangen.
(3) Diese Lizenz verpflichtet Sie nicht, das
Programm an Dritte weiterzugeben. Es steht Ihnen
frei zu entscheiden, wem Sie das Programm
zugänglich machen. Sie dürfen aber die weitere
Nutzung durch Dritte nicht durch den Einsatz
technischer Schutzmaßnahmen, insbesondere durch
den Einsatz von Kopierschutzvorrichtungen
jeglicher Art, verhindern oder erschweren. Eine
passwortgeschützte Zugangsbeschränkung oder die
Nutzung in einem Intranet wird nicht als
technische Schutzmaßnahme angesehen.
§ 9 Text der Lizenz
(1) Diese Lizenz ist in deutscher und englischer
Sprache abgefasst. Beide Fassungen sind gleich
verbindlich. Es wird unterstellt, dass die in der
Lizenz verwandten Begriffe in beiden Fassungen
dieselbe Bedeutung haben. Ergeben sich dennoch
Unterschiede, so ist die Bedeutung maßgeblich,
welche die Fassungen unter Berücksichtigung des
Ziels und Zwecks der Lizenz am besten miteinander
in Einklang bringt.
(2) Der Lizenzrat der Deutschen Freien Software
Lizenz kann mit verbindlicher Wirkung neue
Versionen der Lizenz in Kraft setzen, soweit
dies erforderlich und zumutbar ist. Neue
Versionen der Lizenz werden auf der Internetseite
<http://www.d-fsl.de> mit einer eindeutigen
Versionsnummer veröffentlicht. Die neue Version
der Lizenz erlangt für Sie verbindliche Wirkung,
wenn Sie von deren Veröffentlichung Kenntnis
genommen haben. Gesetzliche Rechtsbehelfe gegen
die Änderung der Lizenz werden durch die
vorstehenden Bestimmungen nicht beschränkt.
(3) Sie dürfen diese Lizenz in unveränderter Form
vervielfältigen, verbreiten und öffentlich
zugänglich machen.
§ 10 Anwendbares Recht
Auf diese Lizenz findet deutsches Recht
Anwendung.
Anhang: Wie unterstellen Sie ein Programm der
Deutschen Freien Software Lizenz?
Um jedermann den Abschluss dieser Lizenz zu
ermöglichen, wird empfohlen, das Programm mit
folgendem Hinweis auf die Lizenz zu versehen:
"Copyright (C) 20[jj] [Name des Rechtsinhabers].
Dieses Programm kann durch jedermann gemäß den
Bestimmungen der Deutschen Freien Software Lizenz
genutzt werden.
Die Lizenz kann unter <http://www.d-fsl.de>
abgerufen werden."
German Free Software License
(c) Ministry of Science and Research, State of
North-Rhine Westphalia 2004
Developed and created by Axel Metzger and Till
Jaeger, Institut für Rechtsfragen der Freien und
Open Source Software (Institute for Legal Issues
On Free and Open Source Software),
<http://www.ifross.de>.
Preamble
Software is more than a mere economic asset. It
is the technical foundation of the information
society. Therefore, the issue of the public share
in software is of particular importance.
Conventionally licensed computer programs are
distributed in object code form only, and the
user is not entitled to modify or pass on the
program to third parties. The license model for
Free Software (synonym "Open Source Software"),
however, grants comprehensive rights in the
handling of the program. The German Free Software
License is based on this license model. It gives
you the right to use the program in a
comprehensive manner. You are allowed to modify
the computer program according to your
requirements or to reproduce or distribute it and
make it publicly available in a modified or
unmodified form. These rights are granted free of
charge.
However, the German Free Software License
combines these rights with certain obligations
that will ensure the free circulation of the
program and all further developments published.
If you distribute the program or make it publicly
available, you have to include a copy of this
license to anyone receiving the program from you
and enable access to its source code. Another
obligation arises from further developments of
the program. Modifications to the program which
you distribute or make publicly available shall
be released in accordance with the conditions of
this license.
German Free Software License takes into account
the special requirements of German and European
law. It is drafted bilingually and thus intended
for international distribution.
Section 0 Definitions
Documentation: Description of composition,
architecture and/or structure of the programming
process and/or functionalities of the program,
irrespective of whether they were done in the
Source Code or separately.
License: The agreement concluded between the
licensor and you, with the content of the German
Free Software License and/or the pertaining
offer.
Licensee: Every natural or legal entity who has
accepted this License.
Program: Every computer program which has been
distributed or made publicly available by the
entitled person in accordance with the terms of
this License.
Object Code: The machine-readable form of the
Program.
Public/publicly: Not solely directed towards a
certain group of people who have a personal
connection to each other or are associated
through their affiliation with a legal person or
public organisation.
Making Publicly Available: The public
distribution of the Program in an immaterial
form, in particular, by making it available for
download in data networks.
Entitled Person(s): The author(s) or other
holders of the exclusive right to use for the
Program.
Source Code: The form of the Program represented
in programming language and readable for humans.
Modification: Any extension, shortening and/or
alteration of the Program, including, but not
limited to further developments.
Distribution: The public passing on of material
copies to third parties, in particular, onto
storage devices or in connection with hardware.
Complete Source Code: The Source Code in the form
used for preparation and/or modification together
with the configuration files and software tools
required for compilation and installation,
provided that these are not commonly used in the
required form (e.g. standard compiler) or can be
downloaded by any Internet user without license
fee.
Section 1 Rights
(1) You may reproduce and distribute the Program
and make it publicly available in an unmodified
form.
(2) You may modify the Program and reproduce and
distribute modified versions and make them
publicly available. It is also permitted to
combine the Program or parts thereof with other
programs.
(3) You obtain the rights free of charge.
Section 2 Obligations for Distribution and Making
Publicly Available
(1) If you distribute the Program or make it
publicly available, be it in unmodified or
modified form, be it in combination with other
programs or in connection with hardware, you also
have to provide or include the following:
1. all references to this License in the Source
Code and/or Object Code;
2. all references in the Source Code and/or
Object Code containing information about the
author of the Program;
3. a conspicuous reference to this License and
the Internet address <http://www.d-fsl.org>, to
be displayed in a form that can easily be read by
the recipient;
4. the complete text of this License in a form
easy to perceive.
(2) If license and/or contract terms are
displayed when the Program is installed and/or
started, the following items must also be
displayed:
1. this License;
2. a reference to this License; and
3. a reference to the Entitled Person(s) to the
initial program components used under this
License.
(3) You may not make the use of the Program
contingent upon the compliance with conditions or
obligations that are not set forth in this
License.
(4) Provided that you have received Documentation
for the Program, you have to deliver this
Documentation with the Program, as well, unless
free delivery of the Documentation is not
permitted by the documentation license.
Section 3 Further Obligations regarding the
Distribution of Modified Versions
(1) You may only distribute modified versions of
the Program or make them publicly available in
accordance with the terms of this License, so
that any third party is able to make use of the
modified Program as a whole under this License.
(2) If the Program or a part thereof is combined
with another program, this also applies to the
entire combination as a modified version of the
Program, unless the other program is independent
in terms of form and content. Another program
shall be regarded as independent if it fulfils
the following requirements:
1. The Source Code of the combined programs must
be contained in separate files which do not
include components of the other part except for
parts containing the information customary and
required for the Program combination. The Source
Code of the other program does not have to be
delivered.
2. The part which is combined with the Program
must also be reasonably usable when not combined
with the Program, i.e. on a standalone basis or
with other programs. The meaning of "reasonably
usable" will be based on the opinion of pertinent
circles of expert groups in the relevant field.
Such circles of experts include everyone who
develops, uses, distributes or makes publicly
available the Program concerned or programs with
similar functionality.
(3) If you distribute or make publicly available
the Program or parts thereof - modified or
unmodified - in combination with another program
licensed under the GNU General Public License
(GPL), the Program may also be used under
conditions of the GPL, provided it constitutes a
"derivative work" together with the other program
in the sense of the GPL. In this case, any
reference to this License should be removed and
replaced by a reference to the GPL. Whether a
"derivative work" in the sense of the GPL arises
from this combination is primarily defined in
section 2 b) of the GPL. This provision reads:
"You must cause any work that you distribute or
publish, that in whole or in part contains or is
derived from the Program or any part thereof, to
be licensed as a whole at no charge to all third
parties under the terms of this License." The GPL
can be obtained under
<http://www.fsf.org/licenses/gpl>.
(4) If you distribute the Program or make it
publicly available in a modified form, you must
include a reference to the modifications and the
date of the modification in the Source Code. This
reference must reveal which modifications were
carried out and include existing references
containing information on the author of the
Program. This applies to whether or not you add
your own copyright notice. Instead of a reference
in the Source Code you may also use or carry on a
version control system, provided this is also
distributed or made publicly available.
(5) You may not charge any third party for the
granting of the non-exclusive rights of use for
the Program.
(6) If you acquire any other intellectual or
industrial property right to this Program apart
from a copyright, in particular a patent or
utility model, you license this intellectual or
industrial property right for modified or
unmodified versions of the Program to the extent
that is necessary to make due use of the rights
arising from this License.
Section 4 Further Obligations for the
Distribution of the Object Code
(1) If you distribute the Program in Object Code
form only, apart from the obligations defined in
Sections 2 and 3, you have to either:
1. make the Complete Source Code publicly
available in the Internet and - when distributing
the Object Code - make a clear reference to the
complete Internet address from which the Source
Code can be downloaded; or
2. distribute the Complete Source Code on a
customary data carrier, taking into consideration
Sections 2 and 3.
(2) If you make the Program publicly available in
Object Code form, apart from the obligations
defined in Sections 2 and 3 you must also make
the Complete Source Code publicly available in
the Internet and make a clear reference to the
complete Internet address.
(3) Provided that you have received the
Documentation for the Program, you have to
deliver this Documentation together with the
Program in accordance with Subsections 1 and 2,
as well, unless free delivery of the
Documentation is not permitted by the
documentation license.
Section 5 Conclusion of the Contract
(1) With this License you and any other person
are offered the conclusion of a contract for the
use of this Program under the conditions of this
License.
(2) You may use the Program in accordance with
the applicable statutory provisions for the
intended purpose without having to accept this
License. In the European Union and in most other
legal systems, this right in particular includes
the following authorizations:
1. Running of the Program as well as reproducing
on hard-drive and RAM required for this;
2. Making of a back-up copy;
3. Correcting errors;
4. Distributing a lawfully acquired physical copy
of the Program.
(3) You declare your acceptance of this License
by distributing the Program, making it publicly
available, modifying or reproducing it in a way
that goes beyond the intended use in the sense of
Subsection 2. From this time on, this License
shall be deemed as a legally binding agreement
between the Entitled Persons and you, without the
need for the Entitled Persons to obtain a
declaration of acceptance.
(4) You and any other licensee acquire the rights
arising from this License directly from the
Entitled Persons. Any sub-licensing or transfer
of rights is not permitted.
Section 6 Termination of Rights in the Event of
Violations
(1) Any violation of your obligations under this
License automatically leads to the termination of
your rights under this License.
(2) Any rights of third parties having obtained
the Program or rights to the Program from you
shall remain unaffected.
Section 7 Liability and Warranty
(1) The Entitled Persons are only liable for
conflicting third-party rights if they were aware
of such rights without informing you.
(2) Liability for errors and/or other defects in
the Program shall be governed by agreements
concluded between you and the Entitled Person
beyond the scope of this License or, if no such
agreement exists, by the pertinent statutory
provisions.
Section 8 Agreements with Third Parties
(1) This License only governs the relationship
between you and the Entitled Persons. It is not
part of agreements between you and third parties.
(2) This License does not limit your freedom to
conclude agreements of any content whatsoever
with third parties obtaining copies of the
Program from you or purchasing services from you
in connection with the Program, provided that you
fulfil your obligations under this License and
third-party rights under this License are not
infringed. In particular, you may charge a fee as
consideration for the transfer of the Program or
other services.
(3) This License does not commit you to forward
the Program to a third party. You are free to
decide to whom you wish to make the Program
available. However, you may not prevent or
complicate further use by third parties through
the use of technical protective measures, in
particular, the use of copy protection of any
kind. Password-protected access restriction or
use in an Intranet shall not be regarded as
technical protective measures.
Section 9 Text of the License
(1) This License is written in German and
English. Both versions are equally binding. It is
assumed that terminology used in the License has
the same meaning in both versions. Should,
however, differences arise, such meaning is
authoritative which best brings into line both
versions, taking into consideration the aim and
purpose of the License.
(2) The license board of the German Free Software
License may put into force binding new versions
of this License inasmuch as this is required and
reasonable. New versions of the License will be
published on the Internet site <http://www.d-
fsl.org> with a unique version number. The new
version of the License becomes binding for you as
soon as you become aware of its publication.
Legal remedies against the modification of the
License are not restricted by the regulations
described above.
(3) You may reproduce and distribute this License
and make it publicly available in an unmodified
form.
Section 10 Applicable Law
The License is governed by German law.
Appendix: How to submit a Program to the German
Free Software License.
In order to make it possible for anyone to
conclude this License, it is recommended to
include the following reference to the License in
the Program:
"Copyright (C) 20[yy] [Name of the Entitled
Person].
This Program may be used by anyone in accordance
with the terms of the German Free Software
License
The License may be obtained under <http://www.d-fsl.org>."
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, in both source and binary form, subject to the following
restrictions:
o The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
o Altered source versions must be plainly marked as such, and must not
be misrepresented as being the original software.
o This notice may not be removed or altered from any source
distribution.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
The names and trademarks of copyright holders may not be used in advertising or publicity pertaining to the software without specific prior permission. Title to copyright in this software and any associated documentation will at all times remain with the copyright holders.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The Don't Ask Me About It License
Full License Text
Copying and distribution of this file, with or without modification, are
permitted in any medium provided you do not contact the author about the file or
any problems you are having with the file.
How To Apply This To Your Stuff
Add a copyright notice to whatever you want to license and then copy the license
text verbatim.
License
Licensed under itself. Don't bother emailing me about it.
You can follow me on Twitter though!
This is provided as is without express or implied warranties. You may freely
copy and compile this source into applications you distribute provided that the
copyright text below is included in the resulting source code, for example:
"Portions copyright (c) Dante Treglia II, 2000"
DB license
Definitions.
Agreement: The agreement between Databricks, Inc., and you governing the use of the Databricks Services, as that term is defined in the Master Cloud Services Agreement (MCSA) located at www.databricks.com/legal/mcsa.
Licensed Materials: The source code, object code, data, and/or other works to which this license applies.
Scope of Use. You may not use the Licensed Materials except in connection with your use of the Databricks Services pursuant to the Agreement. Your use of the Licensed Materials must comply at all times with any restrictions applicable to the Databricks Services, generally, and must be used in accordance with any applicable documentation. You may view, use, copy, modify, publish, and/or distribute the Licensed Materials solely for the purposes of using the Licensed Materials within or connecting to the Databricks Services. If you do not agree to these terms, you may not view, use, copy, modify, publish, and/or distribute the Licensed Materials.
Redistribution. You may redistribute and sublicense the Licensed Materials so long as all use is in compliance with these terms. In addition:
You must give any other recipients a copy of this License;
You must cause any modified files to carry prominent notices stating that you changed the files;
You must retain, in any derivative works that you distribute, all copyright, patent, trademark, and attribution notices, excluding those notices that do not pertain to any part of the derivative works; and
If a "NOTICE" text file is provided as part of its distribution, then any derivative works that you distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the derivative works.
You may add your own copyright statement to your modifications and may provide additional license terms and conditions for use, reproduction, or distribution of your modifications, or for any such derivative works as a whole, provided your use, reproduction, and distribution of the Licensed Materials otherwise complies with the conditions stated in this License.
Termination. This license terminates automatically upon your breach of these terms or upon the termination of your Agreement. Additionally, Databricks may terminate this license at any time on notice. Upon termination, you must permanently delete the Licensed Materials and all copies thereof.
DISCLAIMER; LIMITATION OF LIABILITY.
THE LICENSED MATERIALS ARE PROVIDED “AS-IS” AND WITH ALL FAULTS. DATABRICKS, ON BEHALF OF ITSELF AND ITS LICENSORS, SPECIFICALLY DISCLAIMS ALL WARRANTIES RELATING TO THE LICENSED MATERIALS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DATABRICKS AND ITS LICENSORS TOTAL AGGREGATE LIABILITY RELATING TO OR ARISING OUT OF YOUR USE OF OR DATABRICKS’ PROVISIONING OF THE LICENSED MATERIALS SHALL BE LIMITED TO ONE THOUSAND ($1,000) DOLLARS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE LICENSED MATERIALS OR THE USE OR OTHER DEALINGS IN THE LICENSED MATERIALS.
DataBricks eXtensions aka dbx
This library (the "Software") may not be used except in connection with the Licensee's use of the Databricks Platform Services pursuant
to an Agreement (defined below) between Licensee (defined below) and Databricks, Inc. ("Databricks"). The Object Code version of the
Software shall be deemed part of the Downloadable Services under the Agreement, or if the Agreement does not define Downloadable Services,
Subscription Services, or if neither are defined then the term in such Agreement that refers to the applicable Databricks Platform
Services (as defined below) shall be substituted herein for “Downloadable Services.” Licensee's use of the Software must comply at
all times with any restrictions applicable to the Downloadable Services and Subscription Services, generally, and must be used in
accordance with any applicable documentation. For the avoidance of doubt, the Software constitutes Databricks Confidential Information
under the Agreement.
Additionally, and notwithstanding anything in the Agreement to the contrary:
* THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
* you may view, make limited copies of, and may compile the Source Code version of the Software into an Object Code version of the
Software. For the avoidance of doubt, you may not make derivative works of Software (or make any any changes to the Source Code
version of the unless you have agreed to separate terms with Databricks permitting such modifications (e.g., a contribution license
agreement)).
If you have not agreed to an Agreement or otherwise do not agree to these terms, you may not use the Software or view, copy or compile
the Source Code of the Software.
This license terminates automatically upon the termination of the Agreement or Licensee's breach of these terms. Additionally,
Databricks may terminate this license at any time on notice. Upon termination, you must permanently delete the Software and all
copies thereof (including the Source Code).
Agreement: the agreement between Databricks and Licensee governing the use of the Databricks Platform Services, which shall be, with
respect to Databricks, the Databricks Terms of Service located at www.databricks.com/termsofservice, and with respect to Databricks
Community Edition, the Community Edition Terms of Service located at www.databricks.com/ce-termsofuse, in each case unless Licensee
has entered into a separate written agreement with Databricks governing the use of the applicable Databricks Platform Services.
Databricks Platform Services: the Databricks services or the Databricks Community Edition services, according to where the Software is used.
Licensee: the user of the Software, or, if the Software is being used on behalf of a company, the company.
Object Code: is version of the Software produced when an interpreter or a compiler translates the Source Code into recognizable and
executable machine code.
Source Code: the human readable portion of the Software.
This code is free for personal and commercial use, providing the copyright
notice remains intact in the source files and all eventual changes are clearly
marked with comments.
No warrantee of any kind, express or implied, is included with this software;
use at your own risk, responsibility for damages (if any) to anyone resulting
from the use of this software rests entirely with the user.
[Day Specification License]
Day Management AG ("Licensor") is willing to license this specification
to you ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED
IN THIS LICENSE AGREEMENT ("Agreement"). Please read the terms and
conditions of this Agreement carefully.
Content Repository for JavaTM Technology API Specification ("Specification")
Version: 1.0
Status: FCS
Release: 11 May 2005
Copyright 2005 Day Management AG
Barfüsserplatz 6, 4001 Basel, Switzerland.
All rights reserved.
NOTICE; LIMITED LICENSE GRANTS
1. License for Purposes of Evaluation and Developing Applications.
Licensor hereby grants you a fully-paid, non-exclusive, non-transferable,
worldwide, limited license (without the right to sublicense), under
Licensor's applicable intellectual property rights to view, download,
use and reproduce the Specification only for the purpose of internal
evaluation. This includes developing applications intended to run on an
implementation of the Specification provided that such applications do
not themselves implement any portion(s) of the Specification.
2. License for the Distribution of Compliant Implementations. Licensor
also grants you a perpetual, non-exclusive, non-transferable, worldwide,
fully paid-up, royalty free, limited license (without the right to
sublicense) under any applicable copyrights or, subject to the provisions
of subsection 4 below, patent rights it may have covering the
Specification to create and/or distribute an Independent Implementation
of the Specification that: (a) fully implements the Specification
including all its required interfaces and functionality; (b) does not
modify, subset, superset or otherwise extend the Licensor Name Space, or
include any public or protected packages, classes, Java interfaces, fields
or methods within the Licensor Name Space other than those
required/authorized by the Specification or Specifications being
implemented; and (c) passes the Technology Compatibility Kit (including
satisfying the requirements of the applicable TCK Users Guide) for such
Specification ("Compliant Implementation"). In addition, the foregoing
license is expressly conditioned on your not acting outside its scope.
No license is granted hereunder for any other purpose (including, for
example, modifying the Specification, other than to the extent of your
fair use rights, or distributing the Specification to third parties).
3. Pass-through Conditions. You need not include limitations (a)-(c) from
the previous paragraph or any other particular "pass through" requirements
in any license You grant concerning the use of your Independent
Implementation or products derived from it. However, except with respect
to Independent Implementations (and products derived from them) that
satisfy limitations (a)-(c) from the previous paragraph, You may neither:
(a) grant or otherwise pass through to your licensees any licenses under
Licensor's applicable intellectual property rights; nor (b) authorize your
licensees to make any claims concerning their implementation's compliance
with the Specification.
4. Reciprocity Concerning Patent Licenses. With respect to any patent
claims covered by the license granted under subparagraph 2 above that
would be infringed by all technically feasible implementations of the
Specification, such license is conditioned upon your offering on fair,
reasonable and non-discriminatory terms, to any party seeking it from
You, a perpetual, non-exclusive, non-transferable, worldwide license
under Your patent rights that are or would be infringed by all technically
feasible implementations of the Specification to develop, distribute and
use a Compliant Implementation.
5. Definitions. For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the Specification that
neither derives from any of Licensor's source code or binary code
materials nor, except with an appropriate and separate license from
Licensor, includes any of Licensor's source code or binary code materials;
"Licensor Name Space" shall mean the public class or interface
declarations whose names begin with "java", "javax", "javax.jcr" or their
equivalents in any subsequent naming convention adopted by Licensor
through the Java Community Process, or any recognized successors or
replacements thereof; and "Technology Compatibility Kit" or "TCK" shall
mean the test suite and accompanying TCK User's Guide provided by
Licensor which corresponds to the particular version of the Specification
being tested.
6. Termination. This Agreement will terminate immediately without notice
from Licensor if you fail to comply with any material provision of or act
outside the scope of the licenses granted above.
7. Trademarks. No right, title, or interest in or to any trademarks,
service marks, or trade names of Licensor is granted hereunder. Java is
a registered trademark of Sun Microsystems, Inc. in the United States and
other countries.
8. Disclaimer of Warranties. The Specification is provided "AS IS".
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A
CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR
THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE.
This document does not represent any commitment to release or implement
any portion of the Specification in any product.
The Specification could include technical inaccuracies or typographical
errors. Changes are periodically added to the information therein; these
changes will be incorporated into new versions of the Specification, if
any. Licensor may make improvements and/or changes to the product(s)
and/or the program(s) described in the Specification at any time. Any
use of such changes in the Specification will be governed by the
then-current license for the applicable version of the Specification.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY
FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Report. If you provide Licensor with any comments or suggestions in
connection with your use of the Specification ("Feedback"), you hereby:
(i) agree that such Feedback is provided on a non-proprietary and
non-confidential basis, and (ii) grant Licensor a perpetual,
non-exclusive, worldwide, fully paid-up, irrevocable license, with the
right to sublicense through multiple levels of sublicensees, to
incorporate, disclose, and use without limitation the Feedback for any
purpose related to the Specification and future versions,
implementations, and test suites thereof.
[Addendum to the Day Specification License]
In addition to the permissions granted under the Specification
License, Day Management AG hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
license to reproduce, publicly display, publicly perform,
sublicense, and distribute unmodified copies of the Content
Repository for Java Technology API (JCR 1.0) Java Archive (JAR)
file ("jcr-1.0.jar") and to make, have made, use, offer to sell,
sell, import, and otherwise transfer said file on its own or
as part of a larger work that makes use of the JCR API.
With respect to any patent claims covered by this license
that would be infringed by all technically feasible implementations
of the Specification, such license is conditioned upon your
offering on fair, reasonable and non-discriminatory terms,
to any party seeking it from You, a perpetual, non-exclusive,
non-transferable, worldwide license under Your patent rights
that are or would be infringed by all technically feasible
implementations of the Specification to develop, distribute
and use a Compliant Implementation.
# DON'T BE A DICK PUBLIC LICENSE
> Version 1.1, December 2016
> Copyright (C) [year] [fullname]
Everyone is permitted to copy and distribute verbatim or modified
copies of this license document.
> DON'T BE A DICK PUBLIC LICENSE
> TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
1. Do whatever you like with the original work, just don't be a dick.
Being a dick includes - but is not limited to - the following instances:
1a. Outright copyright infringement - Don't just copy this and change the name.
1b. Selling the unmodified original with no work done what-so-ever, that's REALLY being a dick.
1c. Modifying the original work to contain hidden harmful content. That would make you a PROPER dick.
2. If you become rich through modifications, related works/services, or supporting the original work,
share the love. Only a dick would make loads off this work and not buy the original work's
creator(s) a pint.
3. Code is provided with no warranty. Using somebody else's code and bitching when it goes wrong makes
you a DONKEY dick. Fix the problem yourself. A non-dick would submit the fix back.
Everyone is permitted to copy and distribute verbatim or modified copies of this license document.
DON'T BE A DICK PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
Do whatever you like with the original work, just don't be a dick.
Being a dick includes - but is not limited to - the following instances:
1a. Outright copyright infringement - Don't just copy this and change the name.
1b. Selling the unmodified original with no work done what-so-ever, that's REALLY being a dick.
1c. Modifying the original work to contain hidden harmful content. That would make you a PROPER dick.
If you become rich through modifications, related works/services, or supporting the original work, share the love. Only a dick would make loads off this work and not buy the original work's creator(s) a pint.
Code is provided with no warranty. Using somebody else's code and bitching when it goes wrong makes you a DONKEY dick. Fix the problem yourself. A non-dick would submit the fix back.
ODC Database Contents License (DbCL)
The Licensor and You agree as follows:
1.0 Definitions of Capitalised Words
The definitions of the Open Database License (ODbL) 1.0 are incorporated
by reference into the Database Contents License.
2.0 Rights granted and Conditions of Use
2.1 Rights granted. The Licensor grants to You a worldwide,
royalty-free, non-exclusive, perpetual, irrevocable copyright license to
do any act that is restricted by copyright over anything within the
Contents, whether in the original medium or any other. These rights
explicitly include commercial use, and do not exclude any field of
endeavour. These rights include, without limitation, the right to
sublicense the work.
2.2 Conditions of Use. You must comply with the ODbL.
2.3 Relationship to Databases and ODbL. This license does not cover any
Database Rights, Database copyright, or contract over the Contents as
part of the Database. Please see the ODbL covering the Database for more
details about Your rights and obligations.
2.4 Non-assertion of copyright over facts. The Licensor takes the
position that factual information is not covered by copyright. The DbCL
grants you permission for any information having copyright contained in
the Contents.
3.0 Warranties, disclaimer, and limitation of liability
3.1 The Contents are licensed by the Licensor "as is" and without any
warranty of any kind, either express or implied, whether of title, of
accuracy, of the presence of absence of errors, of fitness for purpose,
or otherwise. Some jurisdictions do not allow the exclusion of implied
warranties, so this exclusion may not apply to You.
3.2 Subject to any liability that may not be excluded or limited by law,
the Licensor is not liable for, and expressly excludes, all liability
for loss or damage however and whenever caused to anyone by any use
under this License, whether by You or by anyone else, and whether caused
by any fault on the part of the Licensor or not. This exclusion of
liability includes, but is not limited to, any special, incidental,
consequential, punitive, or exemplary damages. This exclusion applies
even if the Licensor has been advised of the possibility of such
damages.
3.3 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on
the part of the Licensor.
# DB Inner Source Lizenz Version 1.0
_Fachautoren: [Cornelius Schumacher](https://github.com/cornelius), [Schlomo Schapiro](https://github.com/schlomo) (beide DB Systel GmbH)_
Diese Inner-Source-Lizenz für die Deutsche Bahn („DBISL“) gilt für Werke (im Sinne der nachfolgenden Begriffsbestimmung), die unter DBISL-Bedingungen zur Verfügung gestellt werden. Das Werk darf nur in der durch diese Lizenz gestatteten Form genutzt werden (insoweit eine solche Nutzung dem Urheber vorbehalten ist).
Das Werk wird unter den Bedingungen dieser Lizenz zur Verfügung gestellt, wenn der Lizenzgeber (im Sinne der nachfolgenden Begriffsbestimmung) den folgenden Hinweis unmittelbar hinter dem Urheberrechtshinweis dieses Werks anbringt:
„Lizenziert unter der DBISL“ oder alternativ „Licensed under the DBISL“
oder in einer anderen Form zum Ausdruck bringt, dass er es unter der DBISL lizenzieren möchte.
## 1. Begriffsbestimmungen
Für diese Lizenz gelten folgende Begriffsbestimmungen:
* „Lizenz“: diese Lizenz.
* „Originalwerk“: das Werk oder die Software, die vom Lizenzgeber unter dieser Lizenz verbreitet oder zugänglich gemacht wird, und zwar als Quellcode und gegebenenfalls auch als ausführbarer Code.
* „Bearbeitungen“: die Werke oder Software, die der Lizenznehmer auf der Grundlage des Originalwerks oder seiner Bearbeitungen schaffen kann. In dieser Lizenz wird nicht festgelegt, wie umfangreich die Änderung oder wie stark die Abhängigkeit vom Originalwerk für eine Einstufung als Bearbeitung sein muss; dies bestimmt sich nach dem anwendbaren Urheberrecht
* „Werk“: das Originalwerk oder seine Bearbeitungen.
* „Quellcode“: diejenige Form des Werkes, die zur Auffassung durch den Menschen bestimmt ist und die am besten geeignet ist, um vom Menschen verstanden und verändert zu werden.
* „Ausführbarer Code“: die — üblicherweise — kompilierte Form des Werks, die von einem Computer als Programm ausgeführt werden soll.
* „Lizenzgeber“: die juristische Person innerhalb des DB Konzerns, die das Werk unter der Lizenz verbreitet oder zugänglich macht.
* „Urheberrechtsinhaber/Autor“: jeder, der bestimmte von ihm selbst entwickelte oder von Dritten vorgegebene Aufgabenstellungen in ein Originalwerk umsetzt oder am Originalwerk eine Bearbeitung vornimmt.
* „Bearbeiter“: jeder, der das Werk unter der Lizenz verändert oder auf andere Weise zur Schaffung einer Bearbeitung beiträgt. Jeder Autor ist auch Bearbeiter.
* „Lizenznehmer“ („Sie“, „Ihnen“): jede juristische Person innerhalb des DB Konzerns, die das Werk unter den Lizenzbedingungen nutzt.
* „Verbreitung“ oder „Zugänglichmachung“: alle Formen von Verkauf, Überlassung, Verleih, Vermietung, Verbreitung, Weitergabe, Übermittlung oder anderweitiger Online- oder Offline-Bereitstellung von Vervielfältigungen des Werks oder Zugänglichmachung seiner wesentlichen Funktionen für dritte natürliche oder juristische Personen.
* „Beitrag“: jedes urheberrechtliche Werk, einschließlich des Originalwerks sowie jeglicher Änderungen, die der Bearbeiter vornimmt, und die dem Lizenzgeber bewusst zur Aufnahme in das Werk eingereicht werden.
* „DB“ oder „DB Konzern“: die Deutsche Bahn AG und alle mit ihr nach §15 AktG verbundenen Unternehmen.
## 2. Umfang der Lizenzrechte
Der Lizenzgeber erteilt Ihnen hiermit eine weltweite, unentgeltliche, nicht ausschließliche, unterlizenzierbare Lizenz, die Sie für Geschäftszwecke des DB Konzerns berechtigt:
* das Werk uneingeschränkt zu nutzen,
* das Werk zu vervielfältigen,
* das Werk zu verändern und Bearbeitungen auf der Grundlage des Werks zu schaffen,
* das Werk oder Vervielfältigungen davon innerhalb der DB zu verbreiten,
Für die Wahrnehmung dieser Rechte können beliebige, derzeit bekannte oder künftige Medien, Träger und Formate verwendet werden, soweit das geltende Recht dem nicht entgegensteht.
Der Lizenzgeber erteilt dem Lizenznehmer ein nicht ausschließliches, unentgeltliches Nutzungsrecht an seinen Patenten, sofern dies zur Ausübung der durch die Lizenz erteilten Nutzungsrechte am Werk notwendig ist.
## 3. Zugänglichmachung des Quellcodes
Der Lizenzgeber kann das Werk entweder als Quellcode oder als ausführbaren Code zur Verfügung stellen. Stellt er es als ausführbaren Code zur Verfügung, so stellt er darüber hinaus eine maschinenlesbare Kopie des Quellcodes für jedes von ihm verbreitete Vervielfältigungsstück des Werks zur Verfügung, oder er verweist in einem Vermerk im Anschluss an den dem Werk beigefügten Urheberrechtshinweis auf einen Speicherort, an dem problemlos und unentgeltlich auf den Quellcode zugegriffen werden kann, solange der Lizenzgeber das Werk verbreitet oder zugänglich macht.
## 4. Einschränkungen des Urheberrechts
Es ist nicht Zweck dieser Lizenz, Ausnahmen oder Schranken der ausschließlichen Rechte des Urhebers am Werk, die dem Lizenznehmer zugutekommen, einzuschränken. Auch die Erschöpfung dieser Rechte bleibt von dieser Lizenz unberührt.
## 5. Pflichten des Lizenznehmers
Die Einräumung der oben genannten Rechte ist an mehrere Beschränkungen und Pflichten für den Lizenznehmer gebunden:
* Inner Source: Der Lizenznehmer darf das Werk ausschließlich für Geschäftszwecke des DB Konzerns nutzen.
* Urheberrechtshinweis, Lizenztext, Nennung des Bearbeiters: Der Lizenznehmer muss alle Urheberrechts-, Patent- oder Markenrechtshinweise und alle Hinweise auf die Lizenz und den Haftungsausschluss unverändert lassen. Jedem von ihm verbreiteten oder zugänglich gemachten Vervielfältigungsstück des Werks muss der Lizenznehmer diese Hinweise sowie diese Lizenz beifügen. Der Lizenznehmer muss auf jedem abgeleiteten Werk deutlich darauf hinweisen, dass das Werk geändert wurde, und das Datum der Bearbeitung angeben.
* „Copyleft“-Klausel: Der Lizenznehmer darf Vervielfältigungen des Originalwerks oder Bearbeitungen nur unter den Bedingungen dieser DBISL oder einer neueren Version dieser Lizenz innerhalb der DB verbreiten oder zugänglich machen. Der Lizenznehmer (der zum Lizenzgeber wird) darf für das Werk oder die Bearbeitung keine zusätzlichen Bedingungen anbieten oder vorschreiben, die die Bedingungen dieser Lizenz verändern oder einschränken.
* Bereitstellung des Quellcodes: Wenn der Lizenznehmer Vervielfältigungsstücke des Werks verbreitet oder zugänglich macht, muss er eine maschinenlesbare Fassung des Quellcodes mitliefern oder einen Speicherort angeben, über den problemlos und unentgeltlich so lange auf diesen Quellcode zugegriffen werden kann, wie der Lizenznehmer das Werk verbreitet oder zugänglich macht.
* Rechtsschutz: Diese Lizenz erlaubt nicht die Benutzung von Kennzeichen, Marken oder geschützten Namensrechten des Lizenzgebers, soweit dies nicht für die angemessene und übliche Beschreibung der Herkunft des Werks und der inhaltlichen Wiedergabe des Urheberrechtshinweises erforderlich ist.
# 6. Urheber und Bearbeiter
Der ursprüngliche Lizenzgeber gewährleistet, dass er das Urheberrecht am Originalwerk innehat oder dieses an ihn lizenziert wurde und dass er befugt ist, diese Lizenz zu erteilen.
Jeder Bearbeiter gewährleistet, dass er das Urheberrecht an den von ihm vorgenommenen Änderungen des Werks besitzt und befugt ist, einen Beitrag unter dieser Lizenz zu erstellen und beizutragen.
Für jeden Fall, in dem der Lizenznehmer die Lizenz annimmt, erteilt der ursprüngliche Lizenzgeber und alle folgenden Bearbeiter eine Befugnis zur Nutzung der Beiträge zum Werk unter den Bedingungen dieser Lizenz.
## 7. Gewährleistungsausschluss
Falls die konzerninternen Leistungsbedingungen keine Anwendung finden, gelten die folgenden Regelungen.
Die Arbeit an diesem Werk wird laufend fortgeführt; es wird durch unzählige Bearbeiter ständig verbessert. Das Werk ist nicht vollendet und kann daher Fehler („Bugs“) enthalten, die dieser Art der Entwicklung inhärent sind.
Aus den genannten Gründen wird das Werk unter dieser Lizenz „so, wie es ist“ ohne jegliche Gewährleistung zur Verfügung gestellt. Dies gilt unter anderem — aber nicht ausschließlich — für Marktreife, Verwendbarkeit für einen bestimmten Zweck, Mängelfreiheit, Richtigkeit sowie Nichtverletzung von anderen Immaterialgüterrechten als dem Urheberrecht (vgl. dazu Artikel 6 dieser Lizenz).
Dieser Gewährleistungsausschluss ist wesentlicher Bestandteil der Lizenz und Bedingung für die Einräumung von Rechten an dem Werk.
## 8. Haftungsausschluss/Haftungsbeschränkung
Falls die konzerninternen Leistungsbedingungen keine Anwendung finden, gelten die folgenden Regelungen.
Außer in Fällen von Vorsatz oder der Verursachung von Personenschäden haftet der Lizenzgeber nicht für direkte oder indirekte, materielle oder immaterielle Schäden irgendwelcher Art, die aus der Lizenz oder der Benutzung des Werks folgen; dies gilt unter anderem, aber nicht ausschließlich, für Firmenwertverluste, Produktionsausfall, Computerausfall oder Computerfehler, Datenverlust oder wirtschaftliche Schäden, und zwar auch dann, wenn der Lizenzgeber auf die Möglichkeit solcher Schäden hingewiesen wurde. Unabhängig davon haftet der Lizenzgeber im Rahmen der gesetzlichen Produkthaftung, soweit die entsprechenden Regelungen auf das Werk anwendbar sind.
## 9. Zusatzvereinbarungen
Wenn der Lizenznehmer das Werk verbreitet, kann er Zusatzvereinbarungen schließen, in denen Verpflichtungen oder Dienstleistungen festgelegt werden, die mit dieser Lizenz vereinbar sind.
Der Lizenznehmer darf Verpflichtungen nur in seinem eigenen Namen eingehen, nicht jedoch im Namen des ursprünglichen Lizenzgebers oder eines anderen Bearbeiters, und nur, wenn er sich gegenüber allen Bearbeitern verpflichtet, sie zu entschädigen, zu verteidigen und von der Haftung freizustellen, falls aufgrund der von ihm eingegangenen Gewährleistungsverpflichtung oder Haftungsübernahme Forderungen gegen sie geltend gemacht werden oder eine Haftungsverpflichtung entsteht.
## 10. Annahme der Lizenz
Der Lizenznehmer stimmt den Bestimmungen dieser Lizenz zu, indem er das Symbol „Lizenz annehmen“ unter dem Fenster mit dem Lizenztext anklickt oder indem er seine Zustimmung auf vergleichbare Weise gibt. Das Anklicken des Symbols gilt als Anzeichen der eindeutigen und unwiderruflichen Annahme der Lizenz und der darin enthaltenen Klauseln und Bedingungen.
In gleicher Weise gilt als Zeichen der eindeutigen und unwiderruflichen Zustimmung die Ausübung eines Rechtes, das in Artikel 2 dieser Lizenz angeführt ist, wie das Erstellen einer Bearbeitung oder die Verbreitung oder Zugänglichmachung des Werks oder dessen Vervielfältigungen.
## 11. Informationspflichten
Wenn der Lizenznehmer das Werk verbreitet oder zugänglich macht (beispielsweise, indem er es zum Herunterladen von einer Website anbietet), muss der Lizenznehmer über den Vertriebskanal oder das benutzte Verbreitungsmedium dem Adressatenkreis bzw. der Öffentlichkeit Mindest-Informationen bereitstellen, üblicherweise bezüglich der Lizenzgeber, der Lizenz und ihrer Zugänglichkeit, des Abschlusses des Lizenzvertrags sowie darüber, wie die Lizenz durch den Lizenznehmer gespeichert und vervielfältigt werden kann.
## 12. Beendigung der Lizenz
Die Lizenz und die damit eingeräumten Rechte erlöschen automatisch, wenn der Lizenznehmer gegen die Lizenzbedingungen verstößt.
Ein solches Erlöschen der Lizenz führt nicht zum Erlöschen der Lizenzen von Dritten, denen das Werk vom Lizenznehmer unter dieser Lizenz zur Verfügung gestellt worden ist, solange diese Personen die Lizenzbedingungen erfüllen.
## 13. Einreichung von Beiträgen
Sofern nichts ausdrücklich anderes angegeben, unterliegt jeder Beitrag, den der Lizenzgeber bewusst zur Aufnahme in das Werk eingereicht hat, den Bedingungen dieser Lizenz, ohne dass zusätzliche Bedingungen gelten. Ungeachtet des Vorstehenden ersetzt oder ändert keine der hierin enthaltenen Bestimmungen die Bedingungen einer separaten Lizenzvereinbarung, die der Auftraggeber möglicherweise mit dem Auftragnehmer für solche Beiträge abgeschlossen hat.
Für die Länder, in denen Urheberpersönlichkeitsrechte an einem Werk entstehen können, verzichtet der Urheberrechtsinhaber/Autor im gesetzlich zulässigen Umfang auf seine Urheberpersönlichkeitsrechte, um die Lizenzierung der oben aufgeführten Verwertungsrechte wirksam durchführen zu können.
## 14. Sonstiges
Unbeschadet des Artikels 9 stellt diese Lizenz die vollständige Vereinbarung der Parteien über das Werk dar.
Es gilt deutsches Recht. Sind einzelne Bestimmungen der Lizenz nach geltendem Recht nichtig oder unwirksam, so berührt dies nicht die Wirksamkeit oder Durchsetzbarkeit der Lizenz an sich. Solche Bestimmungen werden vielmehr dergestalt ausgelegt oder modifiziert, dass sie wirksam und durchsetzbar sind.
## 15. Gesellschaftsrechtliche Veränderungen
Bei gesellschaftsrechtlichen Veränderungen, z.B. dem Verkauf oder der Abspaltung einer DB Gesellschaft, gilt folgende Regelung:
Eine weitere Nutzung der lizenzierten Software durch ein nicht mehr dem DB Konzern angehöriges Unternehmen unterliegt der Zustimmung durch die Urheber bzw. das [Entscheidungsgremium].
## 16. Lizenzänderungen
Die Urheber eines Werks können gemeinsam eine Änderung der Lizenz entscheiden, z.B. um das Werk als Open Source Software zu veröffentlichen. Falls die Urheber nicht verfügbar sind oder sich nicht einigen können, so kann das [Entscheidungsgremium] stellvertretend für alle Urheber innerhalb der DB die Änderung der Lizenz für ein Werk beschließen.
## 17. Streitbeilegung
Unbeschadet der Regelungen in den konzerninternen Leistungsbedingungen zwischen den Parteien gilt zwischen den Parteien Folgendes:
Bei Streitigkeiten im Zusammenhang mit der Auslegung und Anwendung dieser Lizenz, bei denen mehr als ein Konzernunternehmen beteiligt ist, dient das [Entscheidungsgremium] als Entscheidungsgremium, welches von jeder Partei angerufen werden kann.
## 18. Lizenz der Lizenz
Dieser Lizenztext ist lizenziert unter einer „[Creative Commons Namensnennung 4.0 International Lizenz](http://creativecommons.org/licenses/by/4.0/)“ (CC-BY 4.0), siehe http://creativecommons.org/licenses/by/4.0/ für den vollständigen Lizenztext.
Sie dürfen diesen Lizenztext für sich kopieren und anpassen, solange Sie dabei die Deutsche Bahn Marke und „DB“ nur innerhalb der DB benutzen. Falls Sie das Material für die Verwendung außerhalb der DB anpassen, so müssen Sie alle Nennungen der Deutschen Bahn und DB ersetzen bzw. entfernen. Geänderte Versionen des Lizenztextes müssen klar als geänderte Versionen kenntlich gemacht werden.
Teile des Textes dieser Lizenz basieren auf der EU Public License (EUPL) v1.2.
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12. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of DeepSeek, and only if You agree to indemnify, defend, and hold DeepSeek harmless for any liability incurred by, or claims asserted against, DeepSeek by reason of your accepting any such warranty or additional liability.
13. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
14. Governing Law and Jurisdiction. This agreement will be governed and construed under PRC laws without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this agreement. The courts located in the domicile of Hangzhou DeepSeek Artificial Intelligence Fundamental Technology Research Co., Ltd. shall have exclusive jurisdiction of any dispute arising out of this agreement.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or Derivatives of the Model:
- In any way that violates any applicable national or international law or regulation or infringes upon the lawful rights and interests of any third party;
- For military use in any way;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate inappropriate content subject to applicable regulatory requirements;
- To generate or disseminate personal identifiable information without due authorization or for unreasonable use;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories.
PREFACE
The Defensive Patent License (DPL) is a free, copyleft-style license for patents.
Most patents and patent licenses are designed to take away the public’s access to knowledge and the freedom to share and improve on the patented inventions. By contrast, the DPL is intended to protect the freedom to share and improve patented inventions, among a community of like-minded people. It is also intended to help establish a robust body of prior art that prevents subsequent attempts to patent the same inventions in ways that restrict access and freedom.
To join this community, all that a person or company must do is to guarantee the same freedom to everyone else in the DPL community, with respect to all of their own patents (and any future patents they may acquire). However, you do not need to own any patents to become part of the DPL community. You need only make the same commitment and then abide by it in the case that you do acquire patents at some future time.
The result is that this patent-sharing community ends up with a network of patents that guarantees each member a zero-cost license to any or all of the patents within the network, while still leaving those patents enforceable against anyone who has chosen not to join the DPL’s patent-sharing community.
Unlike copyright-based licenses such as the GNU General Public License, the DPL v1.1 requires that a person or organization license ALL their patents under the DPL in order to receive free licenses from other DPL users. This is due to differences between patents and copyrights and the ways in which patents can threaten access to knowledge and freedom in ways that copyright cannot. In requiring this, the DPL stands as a unequivocal commitment to non-aggression among
a community of people and companies who obtain patents to defend themselves, but who do not want to use those patents aggressively against the public.
At the start, the DPL patent-sharing community is likely to be small, so joining it will seldom impact the revenues that a patent holder obtains from commercial licensees. As the community grows, it becomes more and more attractive to join the community, even for large companies with many patents. The benefit to each existing community member grows as more and more patent-holders join and freely license their patents to all the members.
Another benefit is creating a robust body of prior art to prevent proprietary patent owners from patenting similar inventions. Currently, many innovators choose not to patent what they create because they disagree with the patent system or they are cautious or skeptical that their patents will end up being used to bully or troll other creators. The DPL legally binds patent owners to supporting access and freedom within the DPL community and thus provides assurances that
patenting a given innovation will not be abused or misused within the DPL community. In this way, DPL patents provide assurances regarding freedom and access while at the same time serving as serious roadblocks to subsequent attempts to file patents on the same inventions.
The effect of the DPL v.1.1’s “all-in” requirement is that companies with large inventories of proprietary patents may be less likely to join the patent-sharing community at first. However, this means that DPL patent holders are free to enter commercial licenses with, collect royalties from, and/or file lawsuits against those companies. Alternatively, if such companies do at some point join the patent-sharing community, the community would get the free use of all of their numerous patents.
To join the DPL community, you simply declare on a publicly available website your commitment to offer any patents you have or obtain under the DPL to anyone who makes a similar commitment (what we are calling an “Offering Announcement”) and then, when you contact another DPL user to accept the license to its patents, you provide it with the URL for the website where you posted your commitment. We also encourage you to email your Offering Announcement URL
to the DPL Foundation via the email address listed on its website (http://www.defensivepatentlicense.org/content/frequently-asked-questions#how-can-I-start) so others can learn about it and contact you to accept your licenses.
If you were to change your mind later, you can withdraw from the DPL patent-sharing community on 180 days’ notice. You can effectuate this by posting another announcement on a publicly available website (what we are calling a “Discontinuation Announcement”) declaring the final date you will be offering your patents under the DPL and then emailing that URL to anyone from whom you’ve taken the DPL license. Again, we also encourage but do not require that you email
the DPL Foundation with your Discontinuation Announcement.
After withdrawing, existing licenses you previously granted to community members remain valid, but your obligation to grant free licenses to the DPL community ceases. Also, you retain any free licenses that you obtained from other DPL users. But those other DPL users have the right at any point to convert your license to a similar license that requires you to pay a fair, reasonable, and non-discriminatory royalty for each licensed product or service.
LICENSE
NOTICE
NOTICE: ALL RIGHTS IN LICENSED PATENTS (as defined below) PROVIDED UNDER THIS DEFENSIVE PATENT LICENSE (“DPL”) ARE SUBJECT TO ALL OF THE CONDITIONS AND LIMITATIONS SET FORTH BELOW. MAKING, USING, SELLING, OFFERING FOR SALE, IMPORTING, OR DISTRIBUTING PRODUCTS OR SERVICES EMBODYING THE LICENSED PATENTS, OTHER THAN AS EXPLICITLY AUTHORIZED UNDER THIS LICENSE OR PATENT LAW, IS PROHIBITED.
1.
LICENSE GRANT
Subject to the conditions and limitations of this License, Licensor hereby grants and agrees to grant to any DPL User (as defined in Section 7.6) who follows the procedures for License Acceptance (as defined in Section 1.1) a worldwide, royalty-free, no-charge, non-exclusive, irrevocable (except as stated in Sections 2(e) and 2(f)) license, perpetual for the term of the relevant Licensed Patents, to make, have made, use, sell, offer for sale, import, and distribute Licensed Products and Services that would otherwise infringe any claim of Licensed Patents. A Licensee’s sale of Licensed Products
and Services pursuant to this agreement exhausts the Licensor’s ability to assert infringement against a downstream purchaser or user of the Licensed Products or Services. Licensor’s obligation to grant Licenses under this provision ceases upon the arrival of any applicable Discontinuation Date, unless that Date is followed by a subsequent Offering Announcement.
1.1
LICENSE ACCEPTANCE
In order to accept this License, Licensee must qualify as a DPL User (as defined in Section 7.6) and must contact Licensor via the information provided in Licensor’s Offering Announcement to state affirmatively that Licensee accepts the terms of this License. Licensee must also communicate the URL of its own Offering Announcement (as defined in Section 7.13) and specify whether it is accepting the License to all Licensor’s Patents or only a subset of those Patents. If Licensee is only accepting the License to a subset
of Licensor’s Patents, Licensee must specify each individual Patent’s country of issuance and corresponding patent number for which it is accepting a License. There is no requirement that the Licensor respond to the Licensee’s affirmative acceptance of this License.
2.
LICENSE RESTRICTIONS
Notwithstanding the foregoing, this License is expressly subject to and limited by the following restrictions:
(a) No Sublicensing. This License does not include the right to sublicense any Licensed Patent of any Licensor.
(b) License Extends Solely to Licensed Patents in Connection with Licensed Products and Services. For clarity, this License does not purport to grant any rights in any Licensor’s copyright, trademark, trade dress, design, trade secret, other intellectual property, or any other rights of Licensor other than the rights to Licensed Patents granted in Section 2, nor does the License cover products or services other than the Licensed Products and Services. For example, this License would not apply to any conduct of a Licensee that occurred prior to accepting this License under Section 1.1.
(c) Scope. This License does not include Patents with a priority date or Effective Filing Date later than Licensor’s last Discontinuation Date that has not been followed by a subsequent Offering Announcement by Licensor.
(d) Future DPL Users. This License does not extend to any DPL User whose Offering Announcement occurs later than Licensor’s last Discontinuation Date that has not been followed by a subsequent Offering Announcement by Licensor.
(e) Revocation and Termination Rights. Licensor reserves the right to revoke and/or terminate this License with respect to a particular Licensee if, after the date of the Licensee’s most recent Offering Announcement:
i. Licensee makes any Infringement Claim, not including Defensive Patent Claims, against a DPL User; or
ii. Licensee assigns, transfers, or grants an exclusive license for a Patent to an entity or individual other than a DPL User without conditioning the assignment, transfer, or exclusive license on the recipient continuing to abide by the terms of this License, including but not limited to the revocation and termination rights under this Section.
(f) Optional Conversion to FRAND Upon Discontinuation. Notwithstanding any other provision in this License, as of any particular Licensee’s Discontinuation Date, Licensor has the right to convert the License of that particular Licensee from one that is royalty-free and no-charge to one that is subject to Fair, Reasonable, And Non-Discriminatory (FRAND) terms going forward. No other terms in the license may be altered in any way under this provision.
3.
VERSIONS OF THE LICENSE
(a) New Versions
The DPL Foundation, Jason M. Schultz of New York University, and Jennifer M. Urban of the University of California at Berkeley are the license stewards. Unless otherwise designated by one of the license stewards, no one other than the license stewards has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
(b) Effect of New or Revised Versions
Any one of the license stewards may publish revised and/or new versions of the DPL from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If Licensor specifies in her Offering Announcement that she is offering a certain numbered version of the DPL “or any later version”, Licensee has the option of following the terms and conditions either of that numbered version or of any later version published by one of the license stewards. If Licensor does not specify a version number of the DPL in her Offering Announcement,
Licensee may choose any version ever published by any of the license stewards.
4.
DISCLAIMER OF CLAIMS RELATED TO PATENT VALIDITY & NON-INFRINGEMENT
Licensor makes no representations and disclaims any and all warranties as to the validity of the Licensed Patents or the products or processes covered by Licensed Patents do not infringe the patent, copyright, trademark, trade secret, or other intellectual property rights of any other party.
5.
DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE PATENT LICENSE GRANTED HEREIN “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED PATENTS OR ANY PRODUCT EMBODYING ANY LICENSED PATENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE PRESENCE OR ABSENCE OF ERRORS, REGARDLESS OF THEIR DISCOVERABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH EXCLUSION MAY NOT APPLY TO LICENSEE.
6.
LIMITATION OF LIABILITY
LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS LICENSE, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER ON WARRANTY, CONTRACT, NEGLIGENCE, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PRIOR TO SUCH AN OCCURRENCE.
Defold License
Version 1.0, May 2020
https://www.defold.com/opensource
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and
distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright
owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities
that control, are controlled by, or are under common control with that entity.
For the purposes of this definition, "control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
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outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including
but not limited to software source code, documentation source, and
configuration files.
"Object" form shall mean any form resulting from mechanical transformation or
translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form,
made available under the License, as indicated by a copyright notice that is
included in or attached to the work (an example is provided in the Appendix
below).
"Derivative Works" shall mean any work, whether in Source or Object form, that
is based on (or derived from) the Work and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an
original work of authorship. For the purposes of this License, Derivative Works
shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of, the Work
and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original
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Derivative Works thereof, that is intentionally submitted to Licensor for
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Entity authorized to submit on behalf of the copyright owner. For the purposes
of this definition, "submitted" means any form of electronic, verbal, or
written communication sent to the Licensor or its representatives, including
but not limited to communication on electronic mailing lists, source code
control systems, and issue tracking systems that are managed by, or on behalf
of, the Licensor for the purpose of discussing and improving the Work, but
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"Contributor" shall mean Licensor and any individual or Legal Entity on behalf
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“Game Engine Product” shall mean software used for video game development. This
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2. Grant of Copyright License. Subject to the terms and conditions of this
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reproduce, prepare Derivative Works of, publicly display, publicly perform,
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3. Grant of Patent License. Subject to the terms and conditions of this
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section) patent license to make, have made, use, offer to sell, sell, import,
and otherwise transfer the Work, where such license applies only to those
patent claims licensable by such Contributor that are necessarily infringed by
their Contribution(s) alone or by combination of their Contribution(s) with the
Work to which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim in a
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constitutes direct or contributory patent infringement, then any patent
licenses granted to You under this License for that Work shall terminate as of
the date such litigation is filed.
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Derivative Works thereof in any medium, with or without modifications, and in
Source or Object form, provided that You meet the following conditions:
a) You do not sell or otherwise commercialise the Work or Derivative Works as a
Game Engine Product; and
b) You must give any other recipients of the Work or Derivative Works a copy of
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c) You must cause any modified files to carry prominent notices stating that
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d) You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices from the
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You distribute, alongside or as an addendum to the NOTICE text from the Work,
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You may add Your own copyright statement to Your modifications and may provide
additional or different license terms and conditions for use, reproduction, or
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5. Submission of Contributions. Unless You explicitly state otherwise, any
Contribution intentionally submitted for inclusion in the Work by You to the
Licensor shall be under the terms and conditions of this License, without any
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supersede or modify the terms of any separate license agreement you may have
executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as required
for reasonable and customary use in describing the origin of the Work and
reproducing the content of the NOTICE file.
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writing, Licensor provides the Work (and each Contributor provides its
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KIND, either express or implied, including, without limitation, any warranties
or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any risks
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8. Limitation of Liability. In no event and under no legal theory, whether in
tort (including negligence), contract, or otherwise, unless required by
applicable law (such as deliberate and grossly negligent acts) or agreed to in
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direct, indirect, special, incidental, or consequential damages of any
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use the Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all other commercial
damages or losses), even if such Contributor has been advised of the
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9. Accepting Warranty or Additional Liability. While redistributing the Work or
Derivative Works thereof, You may choose to offer, and charge a fee for,
acceptance of support, warranty, indemnity, or other liability obligations
and/or rights consistent with this License. However, in accepting such
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responsibility, not on behalf of any other Contributor, and only if You agree
to indemnify, defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason of your
accepting any such warranty or additional liability.
Copyright 2020 The Defold Foundation
Licensed under the Defold License version 1.0 (the "License"); you may not use
this file except in compliance with the License.
You may obtain a copy of the License, together with FAQs at
https://www.defold.com/license
Unless required by applicable law or agreed to in writing, software distributed
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DejaVu Font License
Fonts are (c) Bitstream (see below). DejaVu changes are in public domain.
Glyphs imported from Arev fonts are (c) Tavmjong Bah (see below)
------------------------------ Bitstream Vera Fonts Copyright ------------------------------
Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved.
Bitstream Vera is a trademark of Bitstream, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license ("Fonts") and associated documentation files (the "Font Software"), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.
The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words "Bitstream" or the word "Vera".
This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the "Bitstream Vera" names.
The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Except as contained in this notice, the names of Gnome, the Gnome Foundation, and Bitstream Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from the Gnome Foundation or Bitstream Inc., respectively. For further information, contact: fonts at gnome dot org.
------------------------------ Arev Fonts Copyright ------------------------------
Copyright (c) 2006 by Tavmjong Bah. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license ("Fonts") and associated documentation files (the "Font Software"), to reproduce and distribute the modifications to the Bitstream Vera Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.
The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words "Tavmjong Bah" or the word "Arev".
This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the "Tavmjong Bah Arev" names.
The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL TAVMJONG BAH BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Except as contained in this notice, the name of Tavmjong Bah shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from Tavmjong Bah. For further information, contact: tavmjong@free.fr.
Redistribution, modification, and use in source and binary forms is permitted
provided that the above copyright notice and following paragraph are
duplicated in all such forms.
This file is distributed WITHOUT ANY WARRANTY; without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Commercial use is permitted only if products which are derived from or include
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Otherwise, redistribution and use in source and binary forms are permitted.
Devblocks Public License 1.0 (DPL)
The following are the terms and conditions by which Webgroup Media, LLC (“Licensor”) grants you a License to use, modify, and redistribute this software, which is protected as the exclusive intellectual property of Licensor by U.S. copyright law.
Licensor’s copyrights are also protected by international treaties where applicable, including but not limited to: the Berne Convention, World Intellectual Property Organization (WIPO), and the World Trade Organization’s (WTO) Trade-related Aspects of Intellectual Property Rights (TRIPS).
By using this software, you acknowledge having read this License and agree to be bound thereby.
Devblocks Public License 1.0 (DPL)
Definitions
Grant of Rights
Governing Law and Venue
Limited Warranty
Disclaimer of Warranties
Limitation of Liability and Remedies
Definitions
The terms “reproduce”, “reproduction”, and “distribution” have the same meaning here as under U.S. copyright law.
“You” means the licensee of the software.
“Your organization” means the company, institution, cause, or other group represented by you while using this software.
“Private use” means use of this software within your organization, and it specifically excludes the right to distribute this software outside of your organization.
Grant of Rights
Copyright Grant - Subject to the terms of this License, Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free copyright license to reproduce this software for private use.
Modification and Redistribution of Derivative Works - You are permitted to produce and distribute modifications to this software provided that the following conditions are met:
You must not alter or obliterate any copyright notices found in this software or its source code.
Your website and documentation must provide a clearly visible link to this software’s official website. You must clearly state that your modifications are an unofficial version that is derived from this software.
You are not permitted to produce or disseminate any technology or modifications to this software or source code which circumvent its digital copyright protection or interfere with the enforcement of per-seat licensing.
This software must remain compatible with digital software licenses authorized and issued exclusively by Licensor.
Your modifications must remain publicly available in source code form, and may not be encrypted, obfuscated, or otherwise rendered intentionally human-unreadable.
Any modifications you make to this software and its source code must continue to be governed by this License.
Neither the name of Licensor nor the names of its contributors may be used to endorse or promote redistributions of this software without prior written permission from Licensor.
You are prohibited from charging a fee for redistributing this software without prior written permission from Licensor.
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You retain the copyright to any plugins you create.
You are not required to distribute your plugins.
You may distribute your plugins under any software license.
You may sell your plugins, or charge a fee for the development of new plugins.
You agree that Licensor is not liable for the effects of any third-party plugins that you produce or install.
Governing Law and Venue
This License, its construction, performance, scope, validity, and effects are governed and shall be construed in accordance with the laws applicable and in force in the United States.
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial district of Orange County, California, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.
Limited Warranty
Licensor warrants that this software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state or jurisdiction, and federal, state, or provincial law prohibits disclaimer of it, you also have an implied warranty or condition, but only as to the defects discovered during the period of this limited warranty (90 days). As to any defects discovered after the 90 day period, there is no warranty or condition of any kind. Some states or jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any updates or patches to this software provided to you after the expiration of the 90 day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.
Disclaimer of Warranties
The Limited Warranty described above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations. Except for the Limited Warranty or when otherwise stated in writing the copyright holders and/or other parties, and to the extent permitted by applicable law, this software is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repairs, or corrections.
Limitation of Liability and Remedies
In no event unless required by applicable law or agreed to in writing will Licensor be liable to you under any circumstances for any lost profits or any indirect, special, consequential or punitive damages including, without limitation, loss or alteration of data, failure to provide support, interruption of business, or loss of employee work time. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and Licensor’s liability will be limited to the maximum extent permitted by law. The entire liability of Licensor shall not exceed the aggregate amount paid by you for the software.
Dgraph Community License Agreement
Please read this Dgraph Community License Agreement (the "Agreement")
carefully before using Dgraph (as defined below), which is offered by
Dgraph Labs, Inc. or its affiliated Legal Entities ("Dgraph Labs").
By downloading Dgraph or using it in any manner, You agree that You have
read and agree to be bound by the terms of this Agreement. If You are
accessing Dgraph on behalf of a Legal Entity, You represent and warrant
that You have the authority to agree to these terms on its behalf and the
right to bind that Legal Entity to this Agreement. Use of Dgraph is
expressly conditioned upon Your assent to all the terms of this Agreement, to
the exclusion of all other terms.
1. Definitions. In addition to other terms defined elsewhere in this
Agreement, the terms below have the following meanings.
(a) "Dgraph" shall mean the graph database software provided by Dgraph
Labs, including both Dgraph Core and Dgraph Enterprise
editions, as defined below.
(b) "Dgraph Core" shall mean the open source version of
Dgraph, available free of charge at
https://github.com/dgraph-io/dgraph
(c) "Dgraph Enterprise Edition" shall mean the additional features made
available by Dgraph Labs, the use of which is subject to additional
terms set out below.
(d) "Contribution" shall mean any work of authorship, including the original
version of the Work and any modifications or additions to that Work or
Derivative Works thereof, that is intentionally submitted Dgraph Labs
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Legal Entity authorized to submit on behalf of the copyright owner. For
the purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to Dgraph Labs or
its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, and issue
tracking systems that are managed by, or on behalf of, Dgraph Labs
for the purpose of discussing and improving the Work, but excluding
communication that is conspicuously marked or otherwise designated in
writing by the copyright owner as "Not a Contribution."
(e) "Contributor" shall mean any copyright owner or individual or Legal
Entity authorized by the copyright owner, other than Dgraph Labs,
from whom Dgraph Labs receives a Contribution that Dgraph Labs
subsequently incorporates within the Work.
(f) "Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work, such as a
translation, abridgement, condensation, or any other recasting,
transformation, or adaptation for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole,
an original work of authorship. For the purposes of this License,
Derivative Works shall not include works that remain separable from, or
merely link (or bind by name) to the interfaces of, the Work and
Derivative Works thereof.
(g) "Legal Entity" shall mean the union of the acting entity and all other
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with that entity. For the purposes of this definition, "control" means
(i) the power, direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or (ii) ownership of
fifty percent (50%) or more of the outstanding shares, or (iii)
beneficial ownership of such entity.
(h) "License" shall mean the terms and conditions for use, reproduction, and
distribution of a Work as defined by this Agreement.
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limited to compiled object code, generated documentation, and
conversions to other media types.
(k) "Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source,
and configuration files.
(l) "Third Party Works" shall mean Works, including Contributions, and other
technology owned by a person or Legal Entity other than Dgraph Labs,
as indicated by a copyright notice that is included in or attached to
such Works or technology.
(m) "Work" shall mean the work of authorship, whether in Source or Object
form, made available under a License, as indicated by a copyright notice
that is included in or attached to the work.
(n) "You" (or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
2. Licenses.
(a) License to Dgraph Core. The License for Dgraph
Core is the Apache License, Version 2.0 ("Apache License").
The Apache License includes a grant of patent license, as well as
redistribution rights that are contingent on several requirements.
Please see
http://www.apache.org/licenses/LICENSE-2.0
for full terms. Dgraph Core is a no-cost, entry-level license and as
such, contains the following disclaimers: NOTWITHSTANDING ANYTHING TO
THE CONTRARY HEREIN, DGRAPH CORE IS PROVIDED "AS IS" AND "AS
AVAILABLE", AND ALL EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED AND
DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE IN TRADE. For
clarity, the terms of this Agreement, other than the relevant
definitions in Section 1 and this Section 2(a) do not apply to Dgraph
Core.
(b) License to Dgraph Enterprise Edition.
i Grant of Copyright License: Subject to the terms of this Agreement,
Licensor hereby grants to You a worldwide, non-exclusive,
non-transferable limited license to reproduce, prepare Enterprise
Derivative Works (as defined below) of, publicly display, publicly
perform, sublicense, and distribute Dgraph Enterprise Edition
for Your business purposes, for so long as You are not in violation
of this Section 2(b) and are current on all payments required by
Section 4 below.
ii Grant of Patent License: Subject to the terms of this Agreement,
Licensor hereby grants to You a worldwide, non-exclusive,
non-transferable limited patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer Dgraph
Enterprise Edition, where such license applies only to those patent
claims licensable by Licensor that are necessarily infringed by
their Contribution(s) alone or by combination of their
Contribution(s) with the Work to which such Contribution(s) was
submitted. If You institute patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that
the Work or a Contribution incorporated within the Work constitutes
direct or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate as
of the date such litigation is filed.
iii License to Third Party Works: From time to time Dgraph Labs may
use, or provide You access to, Third Party Works in connection
Dgraph Enterprise Edition. You acknowledge and agree that in
addition to this Agreement, Your use of Third Party Works is subject
to all other terms and conditions set forth in the License provided
with or contained in such Third Party Works. Some Third Party Works
may be licensed to You solely for use with Dgraph Enterprise
Edition under the terms of a third party License, or as otherwise
notified by Dgraph Labs, and not under the terms of this
Agreement. You agree that the owners and third party licensors of
Third Party Works are intended third party beneficiaries to this
Agreement.
3. Support. From time to time, in its sole discretion, Dgraph Labs may
offer professional services or support for Dgraph, which may now or in
the future be subject to additional fees.
4. Fees for Dgraph Enterprise Edition or Dgraph Support.
(a) Fees. The License to Dgraph Enterprise Edition is conditioned upon
Your payment of the fees which You agree to pay to Dgraph Labs in
accordance with the payment terms agreed upon by contacting
contact@dgraph.io. Any professional services or support for Dgraph
may also be subject to Your payment of fees, which will be
specified by Dgraph Labs when you sign up to receive such
professional services or support. Dgraph Labs reserves the right
to change the fees at any time with prior written notice; for
recurring fees, any such adjustments will take effect as of the
next pay period.
(b) Overdue Payments and Taxes. Overdue payments are subject to a service
charge equal to the lesser of 1.5% per month or the maximum legal
interest rate allowed by law, and You shall pay all Dgraph Labs’
reasonable costs of collection, including court costs and attorneys’
fees. Fees are stated and payable in U.S. dollars and are exclusive of
all sales, use, value added and similar taxes, duties, withholdings and
other governmental assessments (but excluding taxes based on Dgraph
Labs’ income) that may be levied on the transactions contemplated by
this Agreement in any jurisdiction, all of which are Your responsibility
unless you have provided Dgraph Labs with a valid tax-exempt
certificate.
(c) Record-keeping and Audit. If fees for Dgraph Enterprise Edition
are based on the number of cores or servers running on Dgraph
Enterprise Edition or another use-based unit of measurement, You must
maintain complete and accurate records with respect to Your use of
Dgraph Enterprise Edition and will provide such records to
Dgraph Labs for inspection or audit upon Dgraph Labs’ reasonable
request. If an inspection or audit uncovers additional usage by You for
which fees are owed under this Agreement, then You shall pay for such
additional usage at Dgraph Labs’ then-current rates.
5. Trial License. If You have signed up for a trial or evaluation of
Dgraph Enterprise Edition, Your License to Dgraph Enterprise
Edition is granted without charge for the trial or evaluation period
specified when You signed up, or if no term was specified, for thirty (30)
calendar days, provided that Your License is granted solely for purposes of
Your internal evaluation of Dgraph Enterprise Edition during the trial
or evaluation period (a "Trial License"). You may not use Dgraph
Enterprise Edition under a Trial License more than once in any twelve (12)
month period. Dgraph Labs may revoke a Trial License at any time and
for any reason. Sections 3, 4, 9 and 11 of this Agreement do not apply to
Trial Licenses.
6. Redistribution. You may reproduce and distribute copies of the Work or
Derivative Works thereof in any medium, with or without modifications, and
in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a
copy of this License; and
(b) You must cause any modified files to carry prominent notices stating
that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices
from the Source form of the Work, excluding those notices that do not
pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution,
then any Derivative Works that You distribute must include a readable
copy of the attribution notices contained within such NOTICE file,
excluding those notices that do not pertain to any part of the
Derivative Works, in at least one of the following places: within a
NOTICE text file distributed as part of the Derivative Works; within the
Source form or documentation, if provided along with the Derivative
Works; or, within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents of the
NOTICE file are for informational purposes only and do not modify the
License. You may add Your own attribution notices within Derivative
Works that You distribute, alongside or as an addendum to the NOTICE
text from the Work, provided that such additional attribution notices
cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may
provide additional or different license terms and conditions for use,
reproduction, or distribution of Your modifications, or for any such
Derivative Works as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated
in this License.
(e) Enterprise Derivative Works: Derivative Works of Dgraph Enterprise
Edition ("Enterprise Derivative Works") may be made, reproduced and
distributed in any medium, with or without modifications, in Source or
Object form, provided that each Enterprise Derivative Work will be
considered to include a License to Dgraph Enterprise Edition and
thus will be subject to the payment of fees to Dgraph Labs by any
user of the Enterprise Derivative Work.
7. Submission of Contributions. Unless You explicitly state otherwise, any
Contribution intentionally submitted for inclusion in Dgraph by You to
Dgraph Labs shall be under the terms and conditions of
https://cla-assistant.io/dgraph-io/dgraph
(which is based off of the Apache License), without any additional terms or
conditions, payments of royalties or otherwise to Your benefit.
Notwithstanding the above, nothing herein shall supersede or modify the
terms of any separate license agreement You may have executed with
Dgraph Labs regarding such Contributions.
8. Trademarks. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of Licensor, except as required
for reasonable and customary use in describing the origin of the Work and
reproducing the content of the NOTICE file.
9. Limited Warranty.
(a) Warranties. Dgraph Labs warrants to You that: (i) Dgraph
Enterprise Edition will materially perform in accordance with the
applicable documentation for ninety (90) days after initial delivery to
You; and (ii) any professional services performed by Dgraph Labs
under this Agreement will be performed in a workmanlike manner, in
accordance with general industry standards.
(b) Exclusions. Dgraph Labs’ warranties in this Section 9 do not extend
to problems that result from: (i) Your failure to implement updates
issued by Dgraph Labs during the warranty period; (ii) any
alterations or additions (including Enterprise Derivative Works and
Contributions) to Dgraph not performed by or at the direction of
Dgraph Labs; (iii) failures that are not reproducible by Dgraph
Labs; (iv) operation of Dgraph Enterprise Edition in violation of
this Agreement or not in accordance with its documentation; (v) failures
caused by software, hardware or products not licensed or provided by
Dgraph Labs hereunder; or (vi) Third Party Works.
(c) Remedies. In the event of a breach of a warranty under this Section 9,
Dgraph Labs will, at its discretion and cost, either repair, replace
or re-perform the applicable Works or services or refund a portion of
fees previously paid to Dgraph Labs that are associated with the
defective Works or services. This is Your exclusive remedy, and
Dgraph Labs’ sole liability, arising in connection with the limited
warranties herein.
10. Disclaimer of Warranty. Except as set out in Section 9, unless required
by applicable law, Licensor provides the Work (and each Contributor
provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied, arising out of course
of dealing, course of performance, or usage in trade, including, without
limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, CORRECTNESS, RELIABILITY, or FITNESS FOR A PARTICULAR
PURPOSE, all of which are hereby disclaimed. You are solely responsible
for determining the appropriateness of using or redistributing Works and
assume any risks associated with Your exercise of permissions under the
applicable License for such Works.
11. Limited Indemnity.
(a) Indemnity. Dgraph Labs will defend, indemnify and hold You harmless
against any third party claims, liabilities or expenses incurred
(including reasonable attorneys’ fees), as well as amounts finally
awarded in a settlement or a non-appealable judgement by a court
("Losses"), to the extent arising from any claim or allegation by a
third party that Dgraph Enterprise Edition infringes or
misappropriates a valid United States patent, copyright or trade secret
right of a third party; provided that You give Dgraph Labs: (i)
prompt written notice of any such claim or allegation; (ii) sole control
of the defense and settlement thereof; and (iii) reasonable cooperation
and assistance in such defense or settlement. If any Work within
Dgraph Enterprise Edition becomes or, in Dgraph Labs’ opinion,
is likely to become, the subject of an injunction, Dgraph Labs may,
at its option, (A) procure for You the right to continue using such
Work, (B) replace or modify such Work so that it becomes non-infringing
without substantially compromising its functionality, or, if (A) and (B)
are not commercially practicable, then (C) terminate Your license to the
allegedly infringing Work and refund to You a prorated portion of the
prepaid and unearned fees for such infringing Work. The foregoing
states the entire liability of Dgraph Labs with respect to
infringement of patents, copyrights, trade secrets or other intellectual
property rights.
(b) Exclusions. The foregoing obligations shall not apply to: (i) Works
modified by any party other than Dgraph Labs (including Enterprise
Derivative Works and Contributions), if the alleged infringement relates
to such modification, (ii) Works combined or bundled with any products,
processes or materials not provided by Dgraph Labs where the alleged
infringement relates to such combination, (iii) use of a version of
Dgraph Enterprise Edition other than the version that was current
at the time of such use, as long as a non-infringing version had been
released, (iv) any Works created to Your specifications, (v)
infringement or misappropriation of any proprietary right in which You
have an interest, or (vi) Third Party Works. You will defend, indemnify
and hold Dgraph Labs harmless against any Losses arising from any
such claim or allegation, subject to conditions reciprocal to those in
Section 11(a).
12. Limitation of Liability. In no event and under no legal or equitable
theory, whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts), and notwithstanding anything in this Agreement to the
contrary, shall Licensor or any Contributor be liable to You for (i) any
amounts in excess, in the aggregate, of the fees paid by You to Dgraph
Labs under this Agreement in the twelve (12) months preceding the date the
first cause of liability arose), or (ii) any indirect, special,
incidental, punitive, exemplary, reliance, or consequential damages of any
character arising as a result of this Agreement or out of the use or
inability to use the Work (including but not limited to damages for loss
of goodwill, profits, data or data use, work stoppage, computer failure or
malfunction, cost of procurement of substitute goods, technology or
services, or any and all other commercial damages or losses), even if such
Licensor or Contributor has been advised of the possibility of such
damages. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Accepting Warranty or Additional Liability. While redistributing Works or
Derivative Works thereof, and without limiting your obligations under
Section 6, You may choose to offer, and charge a fee for, acceptance of
support, warranty, indemnity, or other liability obligations and/or rights
consistent with this License. However, in accepting such obligations, You
may act only on Your own behalf and on Your sole responsibility, not on
behalf of any other Contributor, and only if You agree to indemnify,
defend, and hold Dgraph Labs and each other Contributor harmless for
any liability incurred by, or claims asserted against, such Contributor by
reason of your accepting any such warranty or additional liability.
14. General.
(a) Relationship of Parties. You and Dgraph Labs are independent
contractors, and nothing herein shall be deemed to constitute either
party as the agent or representative of the other or both parties as
joint venturers or partners for any purpose.
(b) Export Control. You shall comply with the U.S. Foreign Corrupt
Practices Act and all applicable export laws, restrictions and
regulations of the U.S. Department of Commerce, and any other applicable
U.S. and foreign authority.
(c) Assignment. This Agreement and the rights and obligations herein may
not be assigned or transferred, in whole or in part, by You without the
prior written consent of Dgraph Labs. Any assignment in violation of
this provision is void. This Agreement shall be binding upon, and inure
to the benefit of, the successors and permitted assigns of the parties.
(d) Governing Law. This Agreement shall be governed by and construed under
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to conflicts of laws provisions thereof, and without regard to the
Uniform Computer Information Transactions Act.
(e) Attorneys’ Fees. In any action or proceeding to enforce rights under
this Agreement, the prevailing party shall be entitled to recover its
costs, expenses and attorneys’ fees.
(f) Severability. If any provision of this Agreement is held to be invalid,
illegal or unenforceable in any respect, that provision shall be limited
or eliminated to the minimum extent necessary so that this Agreement
otherwise remains in full force and effect and enforceable.
(g) Entire Agreement; Waivers; Modification. This Agreement constitutes the
entire agreement between the parties relating to the subject matter
hereof and supersedes all proposals, understandings, or discussions,
whether written or oral, relating to the subject matter of this
Agreement and all past dealing or industry custom. The failure of either
party to enforce its rights under this Agreement at any time for any
period shall not be construed as a waiver of such rights. No changes,
modifications or waivers to this Agreement will be effective unless in
writing and signed by both parties.
1. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
(1) Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
2. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code ("Enhancements") to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such enhancements or derivative works thereof, in binary and source code form.
COPYRIGHT, DISCLAIMER AND LIMITED BSD LICENSE.
AUTHOR:
David H. Bailey
Lawrence Berkeley National Lab (retired) and University of California, Davis
Email: dhbailey@lbl.gov
COPYRIGHT (c) 2015 by David H. Bailey. All rights reserved.
By downloading this software, you agree to the following:
1. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
a. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
b. Redistributions in binary form must reproduce the copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
c. Neither the name of the author nor the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
2. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. You are under no obligation whatsoever to provide any modifications or enhancements of this software to anyone. However, if you choose to provide these modifications or enhancements to the author or make them publicly available, without enacting a separate written license agreement covering these modifications or enhancements, then you hereby grant to the author a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such enhancements or derivative works thereof, in binary and source code form.
Copyright (c) 2000 internet.com Corp. All Rights Reserved.
Originally published and documented at http://www.dhtmlab.com/
You may use this code on a public Web site only if this entire
copyright notice appears unchanged and you publicly display
on the Web page a link to http://www.dhtmlab.com/."
1. you can do what you want with it
2. I refuse any responsibility for the consequences
Commercial License Usage
Licensees holding valid commercial Qt licenses may use this file in
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Software or, alternatively, in accordance with the terms contained in
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use the contact form at http://qt.digia.com/contact-us.
As an additional permission to the GNU Lesser General Public License version
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material from a header file that is part of the Library. You may distribute
such object code under terms of your choice, provided that:
(i) the header files of the Library have not been modified; and
(ii) the incorporated material is limited to numerical parameters, data
structure layouts, accessors, macros, inline functions and
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(iii) you comply with the terms of Section 6 of the GNU Lesser General
Public License version 2.1.
Moreover, you may apply this exception to a modified version of the Library,
provided that such modification does not involve copying material from the
Library into the modified Library's header files unless such material is
limited to (i) numerical parameters; (ii) data structure layouts;
(iii) accessors; and (iv) small macros, templates and inline functions of
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Furthermore, you are not required to apply this additional permission to a
modified version of the Library.
TECHNOLOGY PREVIEW LICENSE AGREEMENT
For individuals and/or legal entities resident in the Americas (North
America, Central America and South America), the applicable licensing
terms are specified under the heading "Technology Preview License
Agreement: The Americas".
For individuals and/or legal entities not resident in The Americas, the
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Preview License Agreement: Rest of the World".
TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
Agreement version 2.4
This Technology Preview License Agreement ("Agreement")is a legal agreement
between Digia USA, Inc. ("Digia"), with its registered office at 2350
Mission College Blvd., Suite 1020, Santa Clara, California 95054,
U.S.A. and you (either an individual or a legal entity) ("Licensee") for the
Licensed Software (as defined below).
1. DEFINITIONS
"Affiliate" of a Party shall mean an entity (i) which is directly or
indirectly controlling such Party; (ii) which is under the same direct
or indirect ownership or control as such Party; or (iii) which is
directly or indirectly owned or controlled by such Party. For these
purposes, an entity shall be treated as being controlled by another if
that other entity has fifty percent (50 %) or more of the votes in such
entity, is able to direct its affairs and/or to control the composition
of its board of directors or equivalent body.
"Applications" shall mean Licensee's software products created using the
Licensed Software which may include portions of the Licensed Software.
"Term" shall mean the period of time six (6) months from the later of
(a) the Effective Date; or (b) the date the Licensed Software was
initially delivered to Licensee by Digia. If no specific Effective Date
is set forth in the Agreement, the Effective Date shall be deemed to be
the date the Licensed Software was initially delivered to Licensee.
"Licensed Software" shall mean the computer software, "online" or
electronic documentation, associated media and printed materials,
including the source code, example programs and the documentation
delivered by Digia to Licensee in conjunction with this Agreement.
"Party" or "Parties" shall mean Licensee and/or Digia.
2. OWNERSHIP
The Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Software is licensed, not sold.
If Licensee provides any findings, proposals, suggestions or other
feedback ("Feedback") to Digia regarding the Licensed Software, Digia
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sell, offer for sale, lease, dispose, offer for disposal or otherwise
exploit any products or services of Digia containing Feedback, and
(iii) sublicense all the foregoing rights to third party licensees and
customers of Digia and/or its Affiliates.
3. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If Licensee
does not agree to the terms of this Agreement, Licensee may not install,
copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
of the terms and conditions of this Agreement, Digia grants Licensee the
right to use the Licensed Software in the manner provided below.
4. LICENSES
4.1. Using and Copying
Digia grants to Licensee a non-exclusive, non-transferable, time-limited
license to use and copy the Licensed Software for sole purpose of
designing, developing and testing Applications, and evaluating and the
Licensed Software during the Term.
Licensee may install copies of the Licensed Software on an unlimited
number of computers provided that (a) if an individual, only such
individual; or (b) if a legal entity only its employees; use the
Licensed Software for the authorized purposes.
4.2 No Distribution or Modifications
Licensee may not disclose, modify, sell, market, commercialise,
distribute, loan, rent, lease, or license the Licensed Software or any
copy of it or use the Licensed Software for any purpose that is not
expressly granted in this Section 4. Licensee may not alter or remove
any details of ownership, copyright, trademark or other property right
connected with the Licensed Software. Licensee may not distribute any
software statically or dynamically linked with the Licensed Software.
4.3 No Technical Support
Digia has no obligation to furnish Licensee with any technical support
whatsoever. Any such support is subject to separate agreement between
the Parties.
5. PRE-RELEASE CODE
The Licensed Software contains pre-release code that is not at the level
of performance and compatibility of a final, generally available,
product offering. The Licensed Software may not operate correctly and
may be substantially modified prior to the first commercial product
release, if any. Digia is not obligated to make this or any later
version of the Licensed Software commercially available. The License
Software is "Not for Commercial Use" and may only be used for the
purposes described in Section 4. The Licensed Software may not be used
in a live operating environment where it may be relied upon to perform
in the same manner as a commercially released product or with data that
has not been sufficiently backed up.
6. THIRD PARTY SOFTWARE
The Licensed Software may provide links to third party libraries or code
(collectively "Third Party Software") to implement various functions.
Third Party Software does not comprise part of the Licensed Software. In
some cases, access to Third Party Software may be included along with
the Licensed Software delivery as a convenience for development and
testing only. Such source code and libraries may be listed in the
".../src/3rdparty" source tree delivered with the Licensed Software or
documented in the Licensed Software where the Third Party Software is
used, as may be amended from time to time, do not comprise the Licensed
Software. Licensee acknowledges (1) that some part of Third Party
Software may require additional licensing of copyright and patents from
the owners of such, and (2) that distribution of any of the Licensed
Software referencing any portion of a Third Party Software may require
appropriate licensing from such third parties.
7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The Licensed Software is licensed to Licensee "as is". To the maximum
extent permitted by applicable law, Digia on behalf of itself and its
suppliers, disclaims all warranties and conditions, either express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.
8. LIMITATION OF LIABILITY
If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
Licensee, whether in contract, tort or any other legal theory, based on
the Licensed Software, Digia's entire liability to Licensee and
Licensee's exclusive remedy shall be, at Digia's option, either (A)
return of the price Licensee paid for the Licensed Software, or (B)
repair or replacement of the Licensed Software, provided Licensee
returns to Digia all copies of the Licensed Software as originally
delivered to Licensee. Digia shall not under any circumstances be liable
to Licensee based on failure of the Licensed Software if the failure
resulted from accident, abuse or misapplication, nor shall Digia under
any circumstances be liable for special damages, punitive or exemplary
damages, damages for loss of profits or interruption of business or for
loss or corruption of data. Any award of damages from Digia to Licensee
shall not exceed the total amount Licensee has paid to Digia in
connection with this Agreement.
9. CONFIDENTIALITY
Each party acknowledges that during the Term of this Agreement it shall
have access to information about the other party's business, business
methods, business plans, customers, business relations, technology, and
other information, including the terms of this Agreement, that is
confidential and of great value to the other party, and the value of
which would be significantly reduced if disclosed to third parties (the
"Confidential Information"). Accordingly, when a party (the "Receiving
Party") receives Confidential Information from another party (the
"Disclosing Party"), the Receiving Party shall, and shall obligate its
employees and agents and employees and agents of its Affiliates to: (i)
maintain the Confidential Information in strict confidence; (ii) not
disclose the Confidential Information to a third party without the
Disclosing Party's prior written approval; and (iii) not, directly or
indirectly, use the Confidential Information for any purpose other than
for exercising its rights and fulfilling its responsibilities pursuant
to this Agreement. Each party shall take reasonable measures to protect
the Confidential Information of the other party, which measures shall
not be less than the measures taken by such party to protect its own
confidential and proprietary information.
"Confidential Information" shall not include information that (a) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (b) was in the Receiving Party's lawful possession
prior to the disclosure hereunder and was not subject to limitations on
disclosure or use; (c) is developed by the Receiving Party without
access to the Confidential Information of the Disclosing Party or by
persons who have not had access to the Confidential Information of the
Disclosing Party as proven by the written records of the Receiving
Party; (d) is lawfully disclosed to the Receiving Party without
restrictions, by a third party not under an obligation of
confidentiality; or (e) the Receiving Party is legally compelled to
disclose the information, in which case the Receiving Party shall assert
the privileged and confidential nature of the information and cooperate
fully with the Disclosing Party to protect against and prevent
disclosure of any Confidential Information and to limit the scope of
disclosure and the dissemination of disclosed Confidential Information
by all legally available means.
The obligations of the Receiving Party under this Section shall continue
during the Initial Term and for a period of five (5) years after
expiration or termination of this Agreement. To the extent that the
terms of the Non-Disclosure Agreement between Digia and Licensee
conflict with the terms of this Section 9, this Section 9 shall be
controlling over the terms of the Non-Disclosure Agreement.
10. GENERAL PROVISIONS
10.1 No Assignment
Licensee shall not be entitled to assign or transfer all or any of its
rights, benefits and obligations under this Agreement without the prior
written consent of Digia, which shall not be unreasonably withheld.
10.2 Termination
Digia may terminate the Agreement at any time immediately upon written
notice by Digia to Licensee if Licensee breaches this Agreement.
Upon termination of this Agreement, Licensee shall return to Digia all
copies of Licensed Software that were supplied by Digia. All other
copies of Licensed Software in the possession or control of Licensee
must be erased or destroyed. An officer of Licensee must promptly
deliver to Digia a written confirmation that this has occurred.
10.3 Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably
should survive a cancellation or termination of this Agreement shall
also be deemed to survive. Such terms and conditions include, but are
not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
10.5, 10.6, 10.7, and 10.8 of this Agreement.
10.4 Entire Agreement
This Agreement constitutes the complete agreement between the parties
and supersedes all prior or contemporaneous discussions,
representations, and proposals, written or oral, with respect to the
subject matters discussed herein, with the exception of the
non-disclosure agreement executed by the parties in connection with this
Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
Section 9. No modification of this Agreement shall be effective unless
contained in a writing executed by an authorized representative of each
party. No term or condition contained in Licensee's purchase order shall
apply unless expressly accepted by Digia in writing. If any provision of
the Agreement is found void or unenforceable, the remainder shall remain
valid and enforceable according to its terms. If any remedy provided is
determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this Agreement shall
remain in effect.
10.5 Export Control
Licensee acknowledges that the Licensed Software may be subject to
export control restrictions of various countries. Licensee shall fully
comply with all applicable export license restrictions and requirements
as well as with all laws and regulations relating to the importation of
the Licensed Software and shall procure all necessary governmental
authorizations, including without limitation, all necessary licenses,
approvals, permissions or consents, where necessary for the
re-exportation of the Licensed Software.,
10.6 Governing Law and Legal Venue
This Agreement shall be governed by and construed in accordance with the
federal laws of the United States of America and the internal laws of
the State of New York without given effect to any choice of law rule
that would result in the application of the laws of any other
jurisdiction. The United Nations Convention on Contracts for the
International Sale of Goods (CISG) shall not apply. Each Party (a)
hereby irrevocably submits itself to and consents to the jurisdiction of
the United States District Court for the Southern District of New York
(or if such court lacks jurisdiction, the state courts of the State of
New York) for the purposes of any action, claim, suit or proceeding
between the Parties in connection with any controversy, claim, or
dispute arising out of or relating to this Agreement; and (b) hereby
waives, and agrees not to assert by way of motion, as a defense or
otherwise, in any such action, claim, suit or proceeding, any claim that
is not personally subject to the jurisdiction of such court(s), that the
action, claim, suit or proceeding is brought in an inconvenient forum or
that the venue of the action, claim, suit or proceeding is improper.
Notwithstanding the foregoing, nothing in this Section 9.6 is intended
to, or shall be deemed to, constitute a submission or consent to, or
selection of, jurisdiction, forum or venue for any action for patent
infringement, whether or not such action relates to this Agreement.
10.7 No Implied License
There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder,
shall remain with Digia and its licensors. In addition, no licenses or
immunities are granted to the combination of the Licensed Software with
any other software or hardware not delivered by Digia under this
Agreement.
10.8 Government End Users
A "U.S. Government End User" shall mean any agency or entity of the
government of the United States. The following shall apply if Licensee
is a U.S. Government End User. The Licensed Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire
the Licensed Software with only those rights set forth herein. The
Licensed Software (including related documentation) is provided to U.S.
Government End Users: (a) only as a commercial end item; and (b) only
pursuant to this Agreement.
TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World
Agreement version 2.4
This Technology Preview License Agreement ("Agreement") is a legal
agreement between Digia Finland Ltd ("Digia"), with its registered office at
Valimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a
legal entity) ("Licensee") for the Licensed Software.
1. DEFINITIONS
"Affiliate" of a Party shall mean an entity (i) which is directly or
indirectly controlling such Party; (ii) which is under the same direct
or indirect ownership or control as such Party; or (iii) which is
directly or indirectly owned or controlled by such Party. For these
purposes, an entity shall be treated as being controlled by another if
that other entity has fifty percent (50 %) or more of the votes in such
entity, is able to direct its affairs and/or to control the composition
of its board of directors or equivalent body.
"Applications" shall mean Licensee's software products created using the
Licensed Software which may include portions of the Licensed Software.
"Term" shall mean the period of time six (6) months from the later of
(a) the Effective Date; or (b) the date the Licensed Software was
initially delivered to Licensee by Digia. If no specific Effective Date
is set forth in the Agreement, the Effective Date shall be deemed to be
the date the Licensed Software was initially delivered to Licensee.
"Licensed Software" shall mean the computer software, "online" or
electronic documentation, associated media and printed materials,
including the source code, example programs and the documentation
delivered by Digia to Licensee in conjunction with this Agreement.
"Party" or "Parties" shall mean Licensee and/or Digia.
2. OWNERSHIP
The Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Software is licensed, not sold.
If Licensee provides any findings, proposals, suggestions or other
feedback ("Feedback") to Digia regarding the Licensed Software, Digia
shall own all right, title and interest including the intellectual
property rights in and to such Feedback, excluding however any existing
patent rights of Licensee. To the extent Licensee owns or controls any
patents for such Feedback Licensee hereby grants to Digia and its
Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
royalty-free license to (i) use, copy and modify Feedback and to create
derivative works thereof, (ii) to make (and have made), use, import,
sell, offer for sale, lease, dispose, offer for disposal or otherwise
exploit any products or services of Digia containing Feedback, and
(iii) sublicense all the foregoing rights to third party licensees and
customers of Digia and/or its Affiliates.
3. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If Licensee
does not agree to the terms of this Agreement, Licensee may not install,
copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
of the terms and conditions of this Agreement, Digia grants Licensee the
right to use the Licensed Software in the manner provided below.
4. LICENSES
4.1. Using and Copying
Digia grants to Licensee a non-exclusive, non-transferable, time-limited
license to use and copy the Licensed Software for sole purpose of
designing, developing and testing Applications, and evaluating and the
Licensed Software during the Term.
Licensee may install copies of the Licensed Software on an unlimited
number of computers provided that (a) if an individual, only such
individual; or (b) if a legal entity only its employees; use the
Licensed Software for the authorized purposes.
4.2 No Distribution or Modifications
Licensee may not disclose, modify, sell, market, commercialise,
distribute, loan, rent, lease, or license the Licensed Software or any
copy of it or use the Licensed Software for any purpose that is not
expressly granted in this Section 4. Licensee may not alter or remove
any details of ownership, copyright, trademark or other property right
connected with the Licensed Software. Licensee may not distribute any
software statically or dynamically linked with the Licensed Software.
4.3 No Technical Support
Digia has no obligation to furnish Licensee with any technical support
whatsoever. Any such support is subject to separate agreement between
the Parties.
5. PRE-RELEASE CODE
The Licensed Software contains pre-release code that is not at the level
of performance and compatibility of a final, generally available,
product offering. The Licensed Software may not operate correctly and
may be substantially modified prior to the first commercial product
release, if any. Digia is not obligated to make this or any later
version of the Licensed Software commercially available. The License
Software is "Not for Commercial Use" and may only be used for the
purposes described in Section 4. The Licensed Software may not be used
in a live operating environment where it may be relied upon to perform
in the same manner as a commercially released product or with data that
has not been sufficiently backed up.
6. THIRD PARTY SOFTWARE
The Licensed Software may provide links to third party libraries or code
(collectively "Third Party Software") to implement various functions.
Third Party Software does not comprise part of the Licensed Software. In
some cases, access to Third Party Software may be included along with
the Licensed Software delivery as a convenience for development and
testing only. Such source code and libraries may be listed in the
".../src/3rdparty" source tree delivered with the Licensed Software or
documented in the Licensed Software where the Third Party Software is
used, as may be amended from time to time, do not comprise the Licensed
Software. Licensee acknowledges (1) that some part of Third Party
Software may require additional licensing of copyright and patents from
the owners of such, and (2) that distribution of any of the Licensed
Software referencing any portion of a Third Party Software may require
appropriate licensing from such third parties.
7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The Licensed Software is licensed to Licensee "as is". To the maximum
extent permitted by applicable law, Digia on behalf of itself and its
suppliers, disclaims all warranties and conditions, either express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.
8. LIMITATION OF LIABILITY
If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
Licensee, whether in contract, tort or any other legal theory, based on
the Licensed Software, Digia's entire liability to Licensee and
Licensee's exclusive remedy shall be, at Digia's option, either (A)
return of the price Licensee paid for the Licensed Software, or (B)
repair or replacement of the Licensed Software, provided Licensee
returns to Digia all copies of the Licensed Software as originally
delivered to Licensee. Digia shall not under any circumstances be liable
to Licensee based on failure of the Licensed Software if the failure
resulted from accident, abuse or misapplication, nor shall Digia under
any circumstances be liable for special damages, punitive or exemplary
damages, damages for loss of profits or interruption of business or for
loss or corruption of data. Any award of damages from Digia to Licensee
shall not exceed the total amount Licensee has paid to Digia in
connection with this Agreement.
9. CONFIDENTIALITY
Each party acknowledges that during the Term of this Agreement it shall
have access to information about the other party's business, business
methods, business plans, customers, business relations, technology, and
other information, including the terms of this Agreement, that is
confidential and of great value to the other party, and the value of
which would be significantly reduced if disclosed to third parties (the
"Confidential Information"). Accordingly, when a party (the "Receiving
Party") receives Confidential Information from another party (the
"Disclosing Party"), the Receiving Party shall, and shall obligate its
employees and agents and employees and agents of its Affiliates to: (i)
maintain the Confidential Information in strict confidence; (ii) not
disclose the Confidential Information to a third party without the
Disclosing Party's prior written approval; and (iii) not, directly or
indirectly, use the Confidential Information for any purpose other than
for exercising its rights and fulfilling its responsibilities pursuant
to this Agreement. Each party shall take reasonable measures to protect
the Confidential Information of the other party, which measures shall
not be less than the measures taken by such party to protect its own
confidential and proprietary information.
"Confidential Information" shall not include information that (a) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (b) was in the Receiving Party's lawful possession
prior to the disclosure hereunder and was not subject to limitations on
disclosure or use; (c) is developed by the Receiving Party without
access to the Confidential Information of the Disclosing Party or by
persons who have not had access to the Confidential Information of the
Disclosing Party as proven by the written records of the Receiving
Party; (d) is lawfully disclosed to the Receiving Party without
restrictions, by a third party not under an obligation of
confidentiality; or (e) the Receiving Party is legally compelled to
disclose the information, in which case the Receiving Party shall assert
the privileged and confidential nature of the information and cooperate
fully with the Disclosing Party to protect against and prevent
disclosure of any Confidential Information and to limit the scope of
disclosure and the dissemination of disclosed Confidential Information
by all legally available means.
The obligations of the Receiving Party under this Section shall continue
during the Initial Term and for a period of five (5) years after
expiration or termination of this Agreement. To the extent that the
terms of the Non-Disclosure Agreement between Digia and Licensee
conflict with the terms of this Section 9, this Section 9 shall be
controlling over the terms of the Non-Disclosure Agreement.
10. GENERAL PROVISIONS
10.1 No Assignment
Licensee shall not be entitled to assign or transfer all or any of its
rights, benefits and obligations under this Agreement without the prior
written consent of Digia, which shall not be unreasonably withheld.
10.2 Termination
Digia may terminate the Agreement at any time immediately upon written
notice by Digia to Licensee if Licensee breaches this Agreement.
Upon termination of this Agreement, Licensee shall return to Digia all
copies of Licensed Software that were supplied by Digia. All other
copies of Licensed Software in the possession or control of Licensee
must be erased or destroyed. An officer of Licensee must promptly
deliver to Digia a written confirmation that this has occurred.
10.3 Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably
should survive a cancellation or termination of this Agreement shall
also be deemed to survive. Such terms and conditions include, but are
not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
10.5, 10.6, 10.7, and 10.8 of this Agreement.
10.4 Entire Agreement
This Agreement constitutes the complete agreement between the parties
and supersedes all prior or contemporaneous discussions,
representations, and proposals, written or oral, with respect to the
subject matters discussed herein, with the exception of the
non-disclosure agreement executed by the parties in connection with this
Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
Section 9. No modification of this Agreement shall be effective unless
contained in a writing executed by an authorized representative of each
party. No term or condition contained in Licensee's purchase order shall
apply unless expressly accepted by Digia in writing. If any provision of
the Agreement is found void or unenforceable, the remainder shall remain
valid and enforceable according to its terms. If any remedy provided is
determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this Agreement shall
remain in effect.
10.5 Export Control
Licensee acknowledges that the Licensed Software may be subject to
export control restrictions of various countries. Licensee shall fully
comply with all applicable export license restrictions and requirements
as well as with all laws and regulations relating to the importation of
the Licensed Software and shall procure all necessary governmental
authorizations, including without limitation, all necessary licenses,
approvals, permissions or consents, where necessary for the
re-exportation of the Licensed Software.,
10.6 Governing Law and Legal Venue
This Agreement shall be construed and interpreted in accordance with the
laws of Finland, excluding its choice of law provisions. Any disputes
arising out of or relating to this Agreement shall be resolved in
arbitration under the Rules of Arbitration of the Chamber of Commerce of
Helsinki, Finland. The arbitration tribunal shall consist of one (1), or
if either Party so requires, of three (3), arbitrators. The award shall
be final and binding and enforceable in any court of competent
jurisdiction. The arbitration shall be held in Helsinki, Finland and the
process shall be conducted in the English language.
10.7 No Implied License
There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder,
shall remain with Digia and its licensors. In addition, no licenses or
immunities are granted to the combination of the Licensed Software with
any other software or hardware not delivered by Digia under this
Agreement.
10.8 Government End Users
A "U.S. Government End User" shall mean any agency or entity of the
government of the United States. The following shall apply if Licensee
is a U.S. Government End User. The Licensed Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire
the Licensed Software with only those rights set forth herein. The
Licensed Software (including related documentation) is provided to U.S.
Government End Users: (a) only as a commercial end item; and (b) only
pursuant to this Agreement.
DigiRule Solutions's FOSS License Exception Terms and Conditions
1. Definitions.
"Derivative Work" means a derivative work, as defined under applicable copyright law, formed entirely from the Program and one or more FOSS Applications.
"FOSS Application" means a free and open source software application distributed subject to a license listed in the section below titled "FOSS License List."
"FOSS Notice" means a notice placed by DigiRule Solutions in a copy of the Client Libraries stating that such copy of the Client Libraries may be distributed under DigiRule Solutions's or FOSS License Exception.
"Independent Work" means portions of the Derivative Work that are not derived from the Program and can reasonably be considered independent and separate works.
"Program" means a copy of DigiRule Solutions's Client Libraries that contain a FOSS Notice.
2. A FOSS application developer ("you" or "your") may distribute a Derivative Work provided that you and the Derivative Work meet all of the following conditions:
1. You obey the GPL in all respects for the Program and all portions (including modifications) of the Program included in the Derivative Work (provided that this condition does not apply to Independent Works);
2. The Derivative Work does not include any work licensed under the GPL other than the Program;
3. You distribute Independent Works subject to a license listed in the section below titled "FOSS License List";
4. You distribute Independent Works in object code or executable form with the complete corresponding machine-readable source code on the same medium and under the same FOSS license applying to the object code or executable forms;
5. All works that are aggregated with the Program or the Derivative Work on a medium or volume of storage are not derivative works of the Program, Derivative Work or FOSS Application, and must reasonably be considered independent and separate works.
3. DigiRule Solutions reserves all rights not expressly granted in these terms and conditions. If all of the above conditions are not met, then this FOSS License Exception does not apply to you or your Derivative Work.
FOSS License List
License Name Version(s)/Copyright Date
Release Early Certified Software
Academic Free License 2.0
Apache Software License 1.0/1.1/2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Development and Distribution License (CDDL) 1.0
Common Public License 1.0
Eclipse Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1/3.0
Jabber Open Source License 1.0
MIT License (As listed in file MIT-License.txt) -
Mozilla Public License (MPL) 1.0/1.1
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0/3.01
Python license (CNRI Python License) -
Python Software Foundation License 2.1.1
Sleepycat License "1999"
University of Illinois/NCSA Open Source License -
W3C License "2001"
X11 License "2001"
Zlib/libpng License -
Zope Public License 2.0
DivX Open License
=================
Version 1.0
Copyright (C) 2001 Project Mayo.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Provided below is our open source license agreement ("License") under which we provide the Codec (defined below) to you free of charge. Please read it carefully.
BY USING, COPYING, MODIFYING, OR DISTRIBUTING THE CODEC OR A LARGER WORK (DEFINED BELOW), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS.
For purposes of this Agreement, the "Codec" shall mean the OpenDivX compression/decompression software provided to you by Project Mayo ("Project Mayo") and any derivative work thereof, that is to say, a work containing the Codec or a portion of it, either verbatim or with modifications and/or translated into another language. A "Larger Work" shall mean any work including or integrating the Codec as an object file or linked library. "Encoded Content" shall mean any multimedia content encoded as output of the Codec, even if that Code is integrated into a Larger Work.
Permission is granted to you to use the Codec for any personal, non-commercial purpose, and to copy it, alter it and redistribute it, subject to the following:
1. You may use the Codec (and any Larger Work created by you) to create Encoded Content, and may use, copy, distribute, display and transmit that Encoded Content, provided that Encoded Content may not be used for direct commercialization, without written permission of Project Mayo. For the purposes of this License, direct commercialization includes uses where the Encoded Content is a primary or substantial product, regardless of the means of revenue generation (including, but not limited to direct pay, subscription, and advertising subsidization). Direct commercialization does not include personal or promotional use or uses where the Encoded Content is a peripheral element of a larger product.
2. You may modify your copy or copies of the Codec or any portion of it, provided that you cause the modified files to carry prominent notices stating that you changed the files and the date of any such change.
3. You may copy, distribute, display and transmit the Codec's source code, in any medium, subject to the following:
a. You conspicuously and appropriately publish appropriate copyright notice and disclaimer of all the notices that refer to this License and warranty; and give any other recipients of the
on each copy an warranty; keep intact to the absence of any Codec a copy of thisLicense along with the Codec.
b. You must cause any Codec that you distribute or publish to be licensed as a whole at no charge to all third parties under the terms of this License. However, you may charge a fee for the physical act of transferring a copy of the Codec, and you may at your option offer warranty protection in exchange for a fee.
c. In each instance in which you attribute ownership or authorship of the Codec you will include an acknowledgement in a location viewable to users of the Codec as follows: "This product includes software developed by or derived from software developed by Project Mayo." In any event, the origin of the Codec must not be misrepresented; you must not claim sole authorship in the Codec.
d. Each time you redistribute the Codec, the recipient automatically receives a license from Project Mayo to copy, distribute or modify the Codec subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
4. You may copy and distribute the Codec in object code or executable form under the terms of Sections 3, provided that you also accompany it with the complete machine-readable source code, or information about where the source code can be obtained.
5. You may incorporate the Codec into a Larger Work and distribute that Larger Work under terms of your choice, provided that:
a. The terms permit modification of the work for the customer's own use and reverse engineering for debugging such modifications.
b. The terms are consistent with the limitations on use described in Section 1.
c. You include an acknowledgement in a location viewable to users of a distribution of a Larger Work as follows: "This product includes software developed by or derived from software developed by Project Mayo."
6. Any MPEG-4
Codec or Larger Works created by you must conform to the Video Standard.
7. You Mayo before you use the names "DivX;-)", "DivX" or "Project Mayo" (or any names incorporating those names) or the file extensions ".divx" or ".div" to promote or endorse products derived from the Codec, including, but not limited to Larger Works.
8. The Codec contains copyrighted materials that are proprietary to Project Mayo, and no rights are granted to you except as expressly provided herein. You may not copy, modify, sublicense, display, distribute or transmit the Codec except as expressly provided under this License. Any act or attempt to copy, modify, sublicense, display, distribute or transmit the Codec other than as permitted herein will automatically terminate your rights under this License. However, parties who have received copies from you under this License will not have their licenses terminated so long as such parties
must receive prior express written permission from Project
remain in full compliance.
THIS CODEC IS PROVIDED BY PROJECT MAYO AND ITS CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL PROJECT MAYO OR ITS CONTRIBUTORS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
"OpenDivX" is licensed under the DivX Open License.
DivX Open License
=================
Version 2.1
This version of the DivX Open License supercedes any prior versions.
Copyright (C) 2001 Project Mayo. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Provided below is our open source license agreement ("License") under which we provide the Codec (defined below) to you free of charge. Please read it carefully.
BY USING, COPYING, MODIFYING, OR DISTRIBUTING THE CODEC OR A LARGER WORK (DEFINED BELOW), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS.
For purposes of this Agreement, the "Codec" shall mean the OpenDivX compression/decompression software provided to you by Project Mayo ("Project Mayo") and any derivative work thereof, that is to say, a work containing the Codec or a portion of it, either verbatim or with modifications and/or translated into another language. A "Larger Work" shall mean any work including or integrating the Codec as an object file or linked library. "Encoded Content" shall mean any multimedia content encoded as output of the Codec, even if that Codec is integrated into a Larger Work.
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a. You must conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Codec a copy of this License along with the Codec.
b. You must cause any Codec that you distribute or publish to be licensed as a whole at no charge to all third parties under the terms of this License. However, you may charge a fee for the physical act of transferring a copy of the Codec, and you may at your option offer warranty protection in exchange for a fee.
c. In each instance in which you attribute ownership or authorship of the Codec you will include an acknowledgement in a location viewable to users of the Codec as follows: "This product includes software developed by or derived from software developed by Project Mayo." In any event, the origin of the Codec must not be misrepresented; you must not claim sole authorship in the Codec.
d. Each time you redistribute the Codec, the recipient automatically receives a license from Project Mayo to copy, distribute or modify the Codec subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
3. You may copy and distribute the Codec in object code or executable form under the terms of Section 2, provided that you also accompany it with the complete machine-readable source code, or make such source-code freely and publicly available.
4. You may incorporate the Codec into a Larger Work and distribute that Larger Work under terms of your choice, provided that:
a. The terms permit modification of the work for the customer's own use and reverse engineering for debugging such modifications.
b. You include an acknowledgement in a location viewable to users of a distribution of a Larger Work as follows: "This product includes software developed by or derived from software developed by Project Mayo."
5. Any Codec or Larger Works created by you must conform to the MPEG-4 Video Standard, however modules of the Codec that do not derive from MoMuSys can be used and incorporated into a non-MPEG-4 conforming work that otherwise complies with this license.
6. Except as provided in section 7 below, you must receive prior express written permission from Project Mayo before you use the names "DivX;-)" or "DivX" (or any names incorporating those names) or the file extensions ".divx" or ".div" to promote or endorse any products derived from the Codec, including, but not limited to Larger Works.
7. You must use the ".divx" file extension in any Encoded Content, when tools for this purpose are readily available. For Encoded Content used for a commercial purpose, you must prominently display the "Encoded in DivX" logo on the package of any Encoded Content in a manner immediately visible to viewers and you must include the "Encoded in DivX" video logo at the beginning of any Encoded Content when the means for such display are reasonably available.
8. The Codec contains copyrighted materials that are proprietary to Project Mayo, and no rights are granted to you except as expressly provided herein. You may not copy, modify, sublicense, display, distribute or transmit the Codec except as expressly provided under this License. Any act or attempt to copy, modify, sublicense, display, distribute or transmit the Codec other than as permitted herein will automatically terminate your rights under this License. However, parties who have received copies from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
THIS CODEC IS PROVIDED BY PROJECT MAYO AND ITS CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL PROJECT MAYO OR ITS CONTRIBUTORS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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DL-DE->BY-1.0
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Jede Nutzung mit Quellenvermerk ist zulässig.
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DL-DE->BY-1.0
Data licence Germany – attribution – Version 1.0
Any use shall be permitted provided the source is mentioned.
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DL-DE->BY-2.0
Datenlizenz Deutschland – Namensnennung – Version 2.0
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Die bereitgestellten Daten und Metadaten dürfen für die kommerzielle und nicht kommerzielle Nutzung insbesondere
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2. mit eigenen Daten und Daten Anderer zusammengeführt und zu selbständigen neuen Datensätzen verbunden werden;
3. in interne und externe Geschäftsprozesse, Produkte und Anwendungen in öffentlichen und nicht öffentlichen elektronischen Netzwerken eingebunden werden.
(2) Bei der Nutzung ist sicherzustellen, dass folgende Angaben als Quellenvermerk enthalten sind:
Bezeichnung des Bereitstellers nach dessen Maßgabe,
1. der Vermerk „Datenlizenz Deutschland – Namensnennung – Version 2.0" oder „dl-de/by-2-0" mit Verweis auf den Lizenztext unter www.govdata.de/dl-de/by-2-0 sowie
2. einen Verweis auf den Datensatz (URI).
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Data licence Germany – attribution – version 2.0
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2. be merged with own data and with the data of others and be combined to form new and independent datasets;
3. be integrated in internal and external business processes, products and applications in public and non-public electronic networks.
(2) The user must ensure that the source note contains the following information:
1. the name of the provider,
2. the annotation "Data licence Germany – attribution – Version 2.0" or "dl-de/by-2-0" referring to the licence text available at www.govdata.de/dl-de/by-2-0, and
3. a reference to the dataset (URI).
This applies only if the entity keeping the data provides the pieces of information 1-3 for the source note.
(3) Changes, editing, new designs or other amendments must be marked as such in the source note.
DL-DE->BY-NC-1.0
Datenlizenz Deutschland – Namensnennung – nicht kommerziell – Version 1.0
Jede Nutzung mit Quellenvermerk zu nicht kommerziellen Zwecken ist zulässig.
Veränderungen, Bearbeitungen, neue Gestaltungen oder sonstige Abwandlungen sind mit einem Veränderungshinweis im Quellenvermerk zu versehen oder der Quellenvermerk ist zu löschen, sofern die datenhaltende Stelle dies verlangt.
Der Bereitsteller stellt die Daten, Inhalte und Dienste mit der zur Erfüllung seiner öffentlichen Aufgaben erforderlichen Sorgfalt zur Verfügung. Für die Daten, Inhalte und Dienste gelten in Bezug auf deren Verfügbarkeit und deren Qualität die durch den Bereitsteller in den Metadaten oder sonstigen Beschreibungen zugewiesenen Spezifikationen und Qualitätsmerkmale. Der Bereitsteller übernimmt jedoch keine Gewähr für die Richtigkeit und Vollständigkeit der Daten und Inhalte sowie die dauerhafte Verfügbarkeit der Dienste. Davon ausgenommen sind Schadensersatzansprüche aufgrund einer Verletzung des Lebens, körperliche Unversehrtheit oder Gesundheit. Ebenfalls ausgenommen sind Schäden, die auf Vorsatz oder grober Fahrlässigkeit beruhen.
DL-DE->BY-NC-1.0
Data licence Germany – attribution – non-commercial – Version 1.0
Any use for non-commercial purposes quoting the source for is permissible.
Changes, editing, new designs or other amendments shall be marked with information in the source note about relevant changes, or the source note must be deleted if the entity keeping the data requires so.
The provider makes available the data, contents and services with the diligence necessary for the discharge of its public tasks. With reference to their availability and quality, the specifications and quality features assigned by the provider in the meta-data or other descriptions apply to the data, contents and services. However, the provider does not assume any liability for the accuracy and completeness of data and contents and for permanent availability of services. Exempt from this are any claims for damage due to an injury to life, limb or health. Also exempt is damage based on wilfulness or gross negligence.
DL-DE->Zero-2.0
Datenlizenz Deutschland – Zero – Version 2.0
Jede Nutzung ist ohne Einschränkungen oder Bedingungen zulässig.
Die bereitgestellten Daten und Metadaten dürfen für die kommerzielle und nicht kommerzielle Nutzung insbesondere
vervielfältigt, ausgedruckt, präsentiert, verändert, bearbeitet sowie an Dritte übermittelt werden;
mit eigenen Daten und Daten Anderer zusammengeführt und zu selbständigen neuen Datensätzen verbunden werden;
in interne und externe Geschäftsprozesse, Produkte und Anwendungen in öffentlichen und nicht öffentlichen elektronischen Netzwerken eingebunden werden.
Data licence Germany – Zero – version 2.0
Any use is permitted without restrictions or conditions.
The data and meta-data provided may, for commercial and non-commercial use, in particular
be copied, printed, presented, altered, processed and transmitted to third parties;
be merged with own data and with the data of others and be combined to form new and independent datasets;
be integrated in internal and external business processes, products and applications in public and non-public electronic networks.
URL: https://www.govdata.de/dl-de/zero-2-0
Permission to use, copy, modify, and distribute this software for
any purpose and without fee is hereby granted, provided that the
above copyright notice and this permission notice appear in all
copies, and that the name of Gray Watson not be used in advertising
or publicity pertaining to distribution of the document or software
without specific, written prior permission.
Gray Watson makes no representations about the suitability of the
software described herein for any purpose. It is provided "as is"
without express or implied warranty.
The Distributed Management Task Force (DMTF) grants rights under copyright in
this software on the terms of the BSD 3-Clause License as set forth below; no
other rights are granted by DMTF. This software might be subject to other rights
(such as patent rights) of other parties.
### Copyrights.
Copyright (c) 2017, Contributing Member(s) of Distributed Management Task Force,
Inc.. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
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list of conditions and the following disclaimer in the documentation and/or
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* Neither the name of the Distributed Management Task Force (DMTF) nor the names
of its contributors may be used to endorse or promote products derived from this
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
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ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
### Patents.
This software may be subject to third party patent rights, including provisional
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Do No Harm License
Version 0.1, August 2018
https://github.com/raisely/NoHarm
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Preamble
Most software today is developed with little to no thought of how it will be used, or the
consequences for our society and planet.
As software developers, we engineer the infrastructure of the 21st century. We recognise that our
infrastructure has great power to shape the world and the lives of those we share it with, and we
choose to consciously take responsibility for the social and environmental impacts of what we build.
We envisage a world free from injustice, inequality, and the reckless destruction of lives and our
planet. We reject slavery in all its forms, whether by force, indebtedness, or by algorithms that
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and ourselves. We want our work to enrich the physical, mental and spiritual wellbeing of all
society.
We build software to further this vision of a just world, or at the very least, to not put that
vision further from reach.
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behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You
agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or
claims asserted against, such Contributor by reason of your accepting any such warranty or
additional liability.
END OF TERMS AND CONDITIONS
Copyright (year) [owner](url).
Licensed under the Do No Harm License, Version 0.1 (the "License"); you may not use this file except
in compliance with the License. You may obtain a copy of the License.
Unless required by applicable law or agreed to in writing, software distributed under the License is
distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied. See the License for the specific language governing permissions and limitations under the
License.
Permission to use, copy, modify and distribute the DocBook XML DTD
and its accompanying documentation for any purpose and without fee
is hereby granted in perpetuity, provided that the above copyright
notice and this paragraph appear in all copies. The copyright
holders make no representation about the suitability of the DTD for
any purpose. It is provided "as is" without expressed or implied
warranty.
If you modify the Simplified DocBook DTD in any way, except for
declaring and referencing additional sets of general entities and
declaring additional notations, label your DTD as a variant of
DocBook. See the maintenance documentation for more information.
Please direct all questions, bug reports, or suggestions for
changes to the docbook@lists.oasis-open.org mailing list. For more
information, see http://www.oasis-open.org/docbook/.
Permission to use, copy, modify and distribute the DocBook schema
and its accompanying documentation for any purpose and without fee
is hereby granted in perpetuity, provided that the above copyright
notice and this paragraph appear in all copies. The copyright
holders make no representation about the suitability of the schema
for any purpose. It is provided "as is" without expressed or implied
warranty.
If you modify the DocBook schema in any way, label your schema as a
variant of DocBook. See the reference documentation
(http://docbook.org/tdg5/en/html/ch05.html#s-notdocbook)
for more information.
Please direct all questions, bug reports, or suggestions for changes
to the docbook@lists.oasis-open.org mailing list. For more
information, see http://www.oasis-open.org/docbook/.
Permission to use, copy, modify and distribute this stylesheet
and its accompanying documentation for any purpose and
without fee is hereby granted in perpetuity, provided that
the above copyright notice and this paragraph appear in
all copies. The copyright holders make no representation
about the suitability of the schema for any purpose. It
is provided "as is" without expressed or implied warranty.
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the ``Software''), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
Except as contained in this notice, the names of individuals
credited with contribution to this software shall not be used in
advertising or otherwise to promote the sale, use or other
dealings in this Software without prior written authorization
from the individuals in question.
Any stylesheet derived from this Software that is publically
distributed will be identified with a different name and the
version strings in any derived Software will be changed so that
no possibility of confusion between the derived package and this
Software will exist.
Warranty
--------
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL NORMAN WALSH OR ANY OTHER
CONTRIBUTOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain copyright statements and
notices. Redistributions must also contain a copy of this document.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The name "DOM4J" must not be used to endorse or promote products derived
from this Software without prior written permission of MetaStuff, Ltd. For
written permission, please contact dom4j-info@metastuff.com.
4. Products derived from this Software may not be called "DOM4J" nor may
"DOM4J" appear in their names without prior written permission of MetaStuff, Ltd. DOM4J
is a registered trademark of MetaStuff, Ltd.
5. Due credit should be given to the DOM4J Project - http://www.dom4j.org
THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED.
IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DOS/32 Advanced DOS Extender Software License
=============================================
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment:
"This product uses DOS/32 Advanced DOS Extender technology."
Alternately, this acknowledgment may appear in the software itself, if
and wherever such third-party acknowledgments normally appear.
4. Products derived from this software may not be called "DOS/32A" or
"DOS/32 Advanced".
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" AND ANY EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Delayed Open Source Attribution License 1.0 (DOSA-1.0)
"Delayed Open Source Attribution License" and "DOSA License" are trademarks of Child Mind Institute, Inc.
[License text files available at https://github.com/ChildMindInstitute/DOSA-license]
Though it is not itself an open source license, the purpose of this Delayed Open Source Attribution License (the "DOSA License") is to provide open access to software for non-commercial use while giving attribution to its original developer, and after a delay of three years, forcing the software to fall under the terms of the open source CPAL-1.0 license (located at https://opensource.org/licenses/CPAL-1.0) or a future version of the CPAL-1.0 license published by Socialtext, Inc. (the "CPAL License") that preserves the attribution information of this DOSA License. This delay is intended to protect the commercial interests of the licensor without compromising on the many benefits of creating open source products.
Child Mind Institute, Inc. ("CMI") hereby grants you permission to use this DOSA License’s text (unmodified except for identifying the relevant parties and providing attribution information as called for in Section 1(a) and Schedule A) to license your works, and to refer to it using the trademark "Delayed Open Source Attribution License" or "DOSA License".
Terms
Delayed open source.
______________________ (the "Licensor") hereby grants permission, free of charge, to any person obtaining a copy of this Software, to use, copy, modify, merge, publish, and distribute the Software, in each case for any purpose other than a Commercial Purpose and to permit persons to whom the Software is furnished to do so, subject to the terms and conditions of this DOSA License.
This DOSA License applies separately for each version of the Software. No version of the Software can be used for Commercial Purposes within three years of the first publicly available distribution of that version under this DOSA License.
Effective on the third anniversary of the first publicly available distribution of each version of the Software under this DOSA License, you are hereby granted a license to that version of the Software under the terms of the CPAL License. The " Notice Exhibits to the time-delayed CPAL License" set forth in Schedule A, below, shall constitute Exhibits A and B to the CPAL License (and shall not, for the avoidance of doubt, be deemed to constitute a license or other grant of rights in the Software under this DOSA License).
Attribution.
Each time the Software is launched or initially run (such as by initiating a session), a prominent display of the Original Developer’s Attribution Information (defined below) must occur on the graphic user interface employed by the end user. If the end user does not access the Software through a graphic user interface, this obligation shall not apply. If the Original Code displays such Attribution Information in a particular form (such as in the form of a splash screen, notice at login, an "about" display, or dedicated attribution area on user interface screens), continued use of that form is one way of meeting this requirement.
Attribution Information may include: (i) a copyright notice including the name of the Original Developer; (ii) a phrase (not exceeding 10 words); (iii) one graphic image provided by the Original Developer; and (iv) a URL. For these purposes, prominent shall mean display for sufficient duration to give reasonable notice to the user of the identity of the Original Developer and that if You display an attribution, notice or similar information for other parties, You must ensure that the Attribution Information for the Original Developer shall be no less prominently displayed.
If Attribution Information is not provided, then there are no requirements for You to display any Attribution Information of the Original Developer.
You acknowledge that all trademarks, service marks and/or trade names contained within the Attribution Information distributed with the Software are the exclusive property of their owners and may only be used with their permission, or under circumstances otherwise permitted by law or as expressly set out in this DOSA License.
Distribution and Modification.
The Software (including Modifications which You create or to which You contribute) may be distributed only under the terms of this DOSA License or a future version of this DOSA License released by CMI and You must include a copy of this DOSA License with every copy of the Software You distribute pursuant to this DOSA License. You may not offer or impose any terms on any Software version that alter or restrict the applicable version of this DOSA License or the recipients’ rights hereunder.
Any Modifications which You create or to which You contribute are governed by the terms of this DOSA License, including without limitation the licenses granted under Section 1. Such Modifications must be made available in Source Code form either on the same media as an Executable version or via an accepted a mechanism generally accepted in the software development community for the electronic transfer of data to anyone to whom you made an Executable version available and must remain available in Source Code form for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients, whichever is longer. You are responsible for ensuring that the Source Code version of such Modifications remains available even if the distribution mechanism You select is maintained by a third party.
You must cause all Modifications which You create or to which You contribute to contain a file documenting the changes You made to create that Software and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Original Developer and including the name of the Original Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Software.
Larger Works.
You may create a Larger Work by combining Software with other code not governed by the terms of this DOSA License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this DOSA License are fulfilled for the Software.
Compliance and Disclaimer.
You must conspicuously display this DOSA License on each original or modified copy of the Software. If you receive the Software in original or modified form from a third party, the terms and conditions set forth in this DOSA License apply to your use of that Software.
Any use of the Software in violation of this DOSA License will automatically terminate your rights under this DOSA License for the current and all other versions of the Software. For any intended use of the Software that does not comply with the requirements described in this DOSA License, you must purchase a commercial license from the Licensor, its affiliated entities, or authorized resellers, or you must refrain from using the Software.
To the extent permitted by applicable law, the Software is provided on an "as is" basis. Licensor hereby disclaims all warranties and conditions, express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
Definitions
"Attribution Information" means the information set forth in Exhibit B to Schedule A.
"Commercial Purposes" means making available to a third party for the direct or indirect generation of income.
"CPAL License" has the meaning set forth in the preamble.
"DOSA License" means this document.
"Executable" means the Software in any form other than Source Code.
"Larger Work" means a work which combines one or more element of the Software with other software not governed by the terms of this DOSA License.
"Licensor" has the meaning set forth in Section 1(a).
"Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When the Software is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
"Original Code" means the original Source Code developed by the Original Developer, and which, at the time of its release under this DOSA License is not already governed by this DOSA License.
"Original Developer" means the organizer of the development of the Original Code.
"Software" means the Original Code or Modifications or the combination of the Original Code and Modifications, including in the form of Source Code, Executables, or as incorporated into Larger Works, in each case including portions thereof and associated documentation files.
"Source Code" means the preferred form of the Software for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable.
"You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this DOSA License or a future version of this DOSA License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
Schedule A: Notice Exhibits to the time-delayed CPAL License
Below please find excerpts from the CPAL License, reproduced here for the purpose of setting forth the terms under which this version of the Software will be made available once three years have elapsed since its initial publication date, pursuant to Section 1(c) of this DOSA License. For the avoidance of doubt the terms set forth in this Schedule A are not themselves a license or other grant of rights in the Software under this DOSA License.
Capitalized terms in the following exhibits refer to the corresponding terms as defined in the CPAL License, which differ from the defined terms under this DOSA License. Without prejudice or modification to the definitions set forth under the CPAL License, the following guidelines are provided with the sole purpose to aide in populating this Schedule A to the DOSA License:
In Paragraph 1, please provide the location at which a version of the CPAL License specific to the licensed Software will be made available.
"Original Code" – Please provide the title used to refer to the Software.
"Initial Developer", "Original Developer" and "Contributor" – These terms are used to refer to the individuals or entities which produced the original Software, subsequent works licensed under the CPAL License (potentially including portions of Larger Works), and Modifications, respectively.
If Licensor is the only attributed developer of the Software, the fields designating the "Original Developer" and "Contributor" may be left blank, and the fields designating the "Initial Developer" should refer to Licensor.
If the Software requires attribution to multiple parties involved in its development, please refer to the terms of the CPAL License Agreement to ensure proper attribution.
EXHIBIT A. Common Public Attribution License Version 1.0.
"The contents of this file are subject to the Common Public Attribution License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at ______________________. The License is based on the Mozilla Public License Version 1.1 but Sections 14 and 15 have been added to cover use of software over a computer network and provide for limited attribution for the Original Developer. In addition, Exhibit A has been modified to be consistent with Exhibit B.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is ______________________.
The Original Developer is the Initial Developer and is __________. If left blank, the Original Developer is the Initial Developer.
The Initial Developer of the Original Code is ______________________. All portions of the code written by ______________________ are Copyright (c) ______________________. All Rights Reserved.
Contributor ______________________.
EXHIBIT B. Attribution Information.
Attribution copyright notice: ______________________
Attribution phrase: ______________________
Attribution URL: ______________________
Graphic image: ______________________
This file may be freely transmitted and reproduced, but it may not be changed unless the name is changed also (except that you may freely change the paper-size option for \documentclass).
This notice must be left intact.
Doug Lea License
Doug Lea - 8094a
Your File: Barrier.java File: Barrier.java
Originally written by Doug Lea and released into the public domain. This may be used for any purposes whatsoever without acknowledgment.
Thanks for the assistance and support of Sun Microsystems Labs, and everyone contributing, testing, and using this code.
History: Date Who What 11Jun1998 dl Create public version
Lea - 8094b
Your File: BrokenBarrierException.java
File: BrokenBarrierException.java . Originally written by Doug Lea and released into the public domain. This may be used for any purposes whatsoever without acknowledgment.
Thanks for the assistance and support of Sun Microsystems Labs, and everyone contributing, testing, and using this code.
History: Date Who WhatLea - 8094c
Your File: CyclicBarrier.java File: CyclicBarrier.java
Originally written by Doug Lea and released into the public domain. This may be used for any purposes whatsoever without acknowledgment.
Thanks for the assistance and support of Sun Microsystems Labs, and everyone contributing, testing, and using this code.
History: Date Who What 11Jul1998 dl Create public version 28Aug1998 dl minor code simplification
Lea - 80094d
Your File: TimeoutException.java File: TimeoutException.java
Originally written by Doug Lea and released into the public domain. This may be used for any purposes whatsoever without acknowledgment.
Thanks for the assistance and support of Sun Microsystems Labs, and everyone contributing, testing, and using this code.
Permission to use, copy, modify, and distribute this software for any purpose
except publication and without fee is hereby granted, provided that the above
copyright notice appear in all copies of the software.
DSTC Public License (DPL)
Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
The Distributed Systems Technology Centre ("DSTC") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by DSTC. No one other than DSTC has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "DSTC", "DPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the DSTC Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. Disclaimer of Warranty.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Termination.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as 'Participant') alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. Government End Users.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. Miscellaneous.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Queensland, Australia law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in Australia, any litigation relating to this License shall be subject to the jurisdiction of Australian Courts, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for Claims.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-licensed Code.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the DPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
14. High Risk Activities.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").
EXHIBIT A - DSTC Public License.
The contents of this file are subject to the DSTC Public License Version 1.1 (the 'License'); you may not use this file except in compliance with the License.
Software distributed under the License is distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is . Portions created by are Copyright © . All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms of the license (the "[ ] License"), in which case the provisions of [ ] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [ ] License and not to allow others to use your version of this file under the DPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [ ] License. If you do not delete the provisions above, a recipient may use your version of this file under either the DPL or the [ ] License.'
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
Permission to use, copy, modify, distribute and sell this software
and its documentation for any purpose is hereby granted without fee,
provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear
in supporting documentation. Dr John Maddock
makes no representations about the suitability of this software for
any purpose. It is provided "as is" without express or implied warranty.
Detection Rule License (DRL) 1.0
Permission is hereby granted, free of charge, to any person obtaining a copy of
this rule set and associated documentation files (the "Rules"), to deal in the
Rules without restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sublicense, and/or sell copies of the Rules,
and to permit persons to whom the Rules are furnished to do so, subject to the
following conditions:
If you share the Rules (including in modified form), you must retain the
following if it is supplied within the Rules:
identification of the authors(s) ("author" field) of the Rule and any others
designated to receive attribution, in any reasonable manner requested by the
Rule author (including by pseudonym if designated).
a URI or hyperlink to the Rule set or explicit Rule to the extent reasonably
practicable
indicate the Rules are licensed under this Detection Rule License, and include
the text of, or the URI or hyperlink to, this Detection Rule License to the
extent reasonably practicable
THE RULES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE RULES OR THE USE OR OTHER DEALINGS IN THE RULES.
Detection Rule License (DRL) 1.1
Permission is hereby granted, free of charge, to any person obtaining a copy
of this rule set and associated documentation files (the "Rules"), to deal
in the Rules without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Rules, and to permit persons to whom the Rules are furnished to do so,
subject to the following conditions:
If you share the Rules (including in modified form), you must retain the
following if it is supplied within the Rules:
1. identification of the authors(s) ("author" field) of the Rule and any
others designated to receive attribution, in any reasonable manner
requested by the Rule author (including by pseudonym if designated).
2. a URI or hyperlink to the Rule set or explicit Rule to the extent
reasonably practicable
3. indicate the Rules are licensed under this Detection Rule License, and
include the text of, or the URI or hyperlink to, this Detection Rule
License to the extent reasonably practicable
If you use the Rules (including in modified form) on data, messages based on
matches with the Rules must retain the following if it is supplied within the
Rules:
1. identification of the authors(s) ("author" field) of the Rule and any
others designated to receive attribution, in any reasonable manner
requested by the Rule author (including by pseudonym if designated).
THE RULES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE RULES OR THE USE OR OTHER DEALINGS IN THE
RULES.
Dropbear contains a number of components from different sources, hence there
are a few licenses and authors involved. All licenses are fairly
non-restrictive.
The majority of code is written by Matt Johnston, under the license below.
Portions of the client-mode work are (c) 2004 Mihnea Stoenescu, under the
same license:
Copyright (c) 2002-2015 Matt Johnston
Portions copyright (c) 2004 Mihnea Stoenescu
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
=====
LibTomCrypt and LibTomMath are written by Tom St Denis, and are Public Domain.
=====
sshpty.c is taken from OpenSSH 3.5p1,
Copyright (c) 1995 Tatu Ylonen <ylo@cs.hut.fi>, Espoo, Finland
All rights reserved
"As far as I am concerned, the code I have written for this software can be used freely for any purpose. Any derived versions of this
software must be clearly marked as such, and if the derived work is incompatible with the protocol description in the RFC file, it must be
called by a name other than "ssh" or "Secure Shell". "
=====
loginrec.c
loginrec.h
atomicio.h
atomicio.c
and strlcat() (included in util.c) are from OpenSSH 3.6.1p2, and are licensed under the 2 point BSD license.
loginrec is written primarily by Andre Lucas, atomicio.c by Theo de Raadt.
strlcat() is (c) Todd C. Miller
=====
Import code in keyimport.c is modified from PuTTY's import.c, licensed as follows:
PuTTY is copyright 1997-2003 Simon Tatham.
Portions copyright Robert de Bath, Joris van Rantwijk, Delian Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry,
Justin Bradford, and CORE SDI S.A.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files
(the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
=====
curve25519-donna:
/* Copyright 2008, Google Inc.
* All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions are
* met:
*
* * Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* * Redistributions in binary form must reproduce the above
* copyright notice, this list of conditions and the following disclaimer
* in the documentation and/or other materials provided with the
* distribution.
* * Neither the name of Google Inc. nor the names of its
* contributors may be used to endorse or promote products derived from
* this software without specific prior written permission.
*
* THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
* "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
* LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
* A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
* OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
* LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
* DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
* THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
* OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*
* curve25519-donna: Curve25519 elliptic curve, public key function
*
* http://code.google.com/p/curve25519-donna/
*
* Adam Langley <agl@imperialviolet.org>
*
* Derived from public domain C code by Daniel J. Bernstein <djb@cr.yp.to>
*
* More information about curve25519 can be found here
* http://cr.yp.to/ecdh.html
*
* djb's sample implementation of curve25519 is written in a special assembly
* language called qhasm and uses the floating point registers.
*
* This is, almost, a clean room reimplementation from the curve25519 paper. It
* uses many of the tricks described therein. Only the crecip function is taken
* from the sample implementation.
*/
The majority of code is written by Matt Johnston, under the license below.
Portions of the client-mode work are (c) 2004 Mihnea Stoenescu, under the
same license:
Copyright (c) 2002-2008 Matt Johnston
Portions copyright (c) 2004 Mihnea Stoenescu
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
=====
LibTomCrypt and LibTomMath are written by Tom St Denis, and are Public Domain.
=====
sshpty.c is taken from OpenSSH 3.5p1,
Copyright (c) 1995 Tatu Ylonen <ylo@cs.hut.fi>, Timo Rinne <tri@iki.fi>,Espoo, Finland
All rights reserved
"As far as I am concerned, the code I have written for this software
can be used freely for any purpose. Any derived versions of this
software must be clearly marked as such, and if the derived work is
incompatible with the protocol description in the RFC file, it must be
called by a name other than "ssh" or "Secure Shell". "
=====
loginrec.c is written primarily by Andre Lucas, Jason Downs, Theo de Raadt:
Copyright (c) 2000 Andre Lucas.
Portions copyright (c) 1998 Todd C. Miller
Portions copyright (c) 1996 Jason Downs
Portions Copyright (c) 1996 Theo de Raadt.
loginrec.h is written by Andre Lucas:
Copyright (c) 2000 Andre Lucas.
atomicio.h,atomicio.c written by Theo de Raadt (1995-1999)
Copyright (c) 1995,1999 Theo de Raadt.
And are licensed under the following terms:
Copyright (c) <YEAR>, <OWNER>
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
and strlcat() is (c) Todd C. Miller (included in util.c -- ) are from OpenSSH 3.6.1p2, and are licensed
under the BSD-Modified license:
Copyright (c) 1998 Todd C. Miller , < OWNER >
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the < ORGANIZATION > nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=====
Import code in keyimport.c is modified from PuTTY's import.c, licensed as
follows:
PuTTY is copyright 1997-2003 Simon Tatham.
Portions copyright Robert de Bath, Joris van Rantwijk, Delian
Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry,
Justin Bradford, and CORE SDI S.A.
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation files
(the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE
FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
# Detection Rule Usage License (DRUL) 1.0
Permission is hereby granted, free of charge, to any person obtaining a copy
of this rule set and associated documentation files (the "Rules"), to deal
in the Rules without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Rules, and to permit persons to whom the Rules are furnished to do so,
subject to the following condition:
Attribution — You must give appropriate credit to the original author(s) of the
Rules, and indicate if changes were made. You may
do so in any reasonable manner, but not in any way that suggests the licensor endorses
you or your use.
Wherever feasible, a link to the original project should be included.
THE RULES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE RULES OR THE USE OR OTHER DEALINGS IN THE
RULES.
COPYRIGHT NOTIFICATION
(C) COPYRIGHT 2004 UNIVERSITY OF CHICAGO
This program discloses material protectable under copyright laws of the United
States. Permission to copy and modify this software and its documentation is
hereby granted, provided that this notice is retained thereon and on all copies
or modifications. The University of Chicago makes no representations as to the
suitability and operability of this software for any purpose. It is provided "as
is"; without express or implied warranty. Permission is hereby granted to use,
reproduce, prepare derivative works, and to redistribute to others, so long as
this original copyright notice is retained. Any publication resulting from
research that made use of this software should cite this document.
This software was authored by:
Steven J. Benson Mathematics and Computer Science Division Argonne National
Laboratory Argonne IL 60439
Yinyu Ye Department of Management Science and Engineering Stanford
University Stanford, CA U.S.A
Any questions or comments on the software may be directed to
benson@mcs.anl.gov or yinyu-ye@stanford.edu
Argonne National Laboratory with facilities in the states of Illinois and Idaho,
is owned by The United States Government, and operated by the University of
Chicago under provision of a contract with the Department of Energy.
DISCLAIMER
THIS PROGRAM WAS PREPARED AS AN ACCOUNT OF WORK SPONSORED BY AN AGENCY OF THE
UNITED STATES GOVERNMENT. NEITHER THE UNITED STATES GOVERNMENT NOR ANY AGENCY
THEREOF, NOR THE UNIVERSITY OF CHICAGO, NOR ANY OF THEIR EMPLOYEES OR OFFICERS,
MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION,
APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT
INFRINGE PRIVATELY OWNED RIGHTS. REFERENCE HEREIN TO ANY SPECIFIC COMMERCIAL
PRODUCT, PROCESS, OR SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR
OTHERWISE, DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT,
RECOMMENDATION, OR FAVORING BY THE UNITED STATES GOVERNMENT OR ANY AGENCY
THEREOF. THE VIEW AND OPINIONS OF AUTHORS EXPRESSED HEREIN DO NOT NECESSARILY
STATE OR REFLECT THOSE OF THE UNITED STATES GOVERNMENT OR ANY AGENCY THEREOF.
Copyright (c) 2002-2003 Geir Landr
This script can be used freely as long as all copyright messages are intact.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
Alternatively, this software may be distributed under the terms of the
GNU General Public License ("GPL") version 2 as published by the Free
Software Foundation.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This file is licensed under GNU General Public license, except that if you have entered
into a signed, written license agreement with the copyright holder covering this file,
that agreement applies to this file instead of the GNU General Public License.
This file is free software: you can redistribute and/or modify it under the
terms of the GNU General Public License, Version 2, as published by the Free
Software Foundation, unless a different license applies as provided above.
This program is distributed in the hope that it will be useful, but AS-IS and
WITHOUT ANY WARRANTY; without even the implied warranties of MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, or NONINFRINGEMENT. Redistribution,
except as permitted by the GNU General Public License or another license
agreement between you and the copyright holder, is prohibited.
You should have received a copy of the GNU General Public License, Version 2
along with this file; if not, see <http://www.gnu.org/licenses/>.
Duende Software, Inc. – Rev. 01/2022
DUENDE™ SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Agreement”) is a legal agreement between you (either
as an individual or a single entity (“You”)) and Duende Software, Inc. (“Licensor”) for certain
software application libraries as set forth on the quote or invoice (“Applications”) provided to
You by Licensor (“Quote”), associated “online”, electronic or hard copy user documentation,
and any upgrades, modified versions, bug fixes, additions and improvements thereof that
Licensor may make available during the Term of the Agreement (collectively referred to as
the “Software”).
References to “You” herein shall refer to You, and/or the entity on whose behalf You are using
the Software, and all individual developer-users of the Software on behalf of such entity.
Please note: this Agreement is not intended for affiliate use outside the scope of this
Agreement. If you intend to purchase the software for use by Your Affiliates please contact
licensor for the appropriate fees and license before proceeding. “Affiliate” means any parent
or subsidiary entity that controls or is controlled by You. "Control" means the direct or indirect
ownership of more than fifty percent (50%) of the voting securities of an entity or possession
of the right to vote more than fifty percent (50%) of the voting interest in the ordinary direction
of the entity's affairs. An Affiliate shall only be considered such for so long as such control
exists.
If the Software is acquired by or on behalf of a unit or agency of the U.S. Government
(the “Government”), the Government agrees that the Software is “commercial
computer software” or “commercial computer software documentation” and that,
absent a written agreement to the contrary, the Government’s rights with respect to
the Software is limited by the terms of this Agreement, pursuant to applicable FAR
and/or DFARS and successor regulations.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE
SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE
TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT
USE THE SOFTWARE OR ACCESS THE SOURCE CODE.
Accordingly, You and Licensor acknowledge and agree as follows:
1. LIMITED LICENSE
A. Subject to your complete and ongoing compliance with all the terms and
conditions set forth in this Agreement, including without limitation, payment of
any applicable fees and all license limitations and restrictions set forth herein,
Licensor grants You the following limited, non-exclusive, non-transferable, nonsublicensable, revocable license to use, and (where applicable) authorize your
employees and other personnel to use, the unmodified Software in binary form,
internally solely in connection with the specific Software Application(s) and
usage as set forth on the Quote and/or purchase terms selected and paid for in
conjunction with downloading the Software.
B. The License granted in Paragraph A above does not include the right to
sublicense, however, you may redistribute the Software upon payment of
additional license fees under a separate redistribution license agreement for the
Software.
2. RESTRICTIONS
A. You acknowledge that the license granted in Paragraph 1A does not include any
right to: (i) redistribute, sell, lease, license, or modify any portion of the
Software; (ii) reproduce, distribute, publicly display, or publicly perform any part
of the Software; (iii) modify the source code of any portion of the Software (other
than modifications made in a non-production environment); or (iv) remove,
obscure, interfere with or circumvent any feature of the Software, including
without limitation any copyright or other intellectual property notices, security,
or access control mechanism.
B. You may not use the Software for any purpose other than deploying it on one or
more servers in a manner for which the Software is expressly designed.
C. The Software may only be hosted on the machines, servers, and internetworking
devices within Your computer network or systems.
D. You may not sell, license, distribute, copy, modify, publicly perform or display,
transmit, publish, edit, adapt, create derivative works from, or make any use of
the Software except as expressly authorized in this Agreement.
E. If You are prohibited under applicable law from using the Software, You may not
use it, and You will comply with all applicable laws and regulations (including
without limitation laws and regulations related to export controls) in connection
with your use of the Software.
3. LICENSE FEES
A. If you wish to use the Software in a production environment, you may download
and use the Software for the Term upon payment of the appropriate license fee
as indicated on the Quote in accordance with the terms and conditions of this
Agreement.
B. If you wish to use the Software in a non-production environment, you may
download and access the source and/or binaries at no charge solely for testing
and evaluation purposes and in accordance with all license limitations and
restrictions set forth in this Agreement.
4. SUPPORT
A. Licensor will only provide support in accordance with the support guidelines
posted at https://duendesoftware.com/products/support. Licensor will use
Duende Software, Inc. – Rev. 01/2022 Page 3 of 5
commercially reasonable efforts to resolve all reasonable support requests, but
makes no guarantee that all requests can be finally resolved.
B. Licensor shall not provide support for: instances of the Software deployed on
unsupported platforms as specified in the documentation accompanying the
Software; support requests not resulting from the ordinary use of the Software; or
support requests resulting from the use of third-party products.
C. Licensor will not provide You with any individual or customized support services
under this Agreement.
D. A support contract may be purchased separately from Licensor for individual or
customized support services with varying higher service levels than those
provided herein.
5. EXPORT CONTROLS. You represent and warrant that the Software will not be
shipped, transferred or exported into any country or used in any manner prohibited by
the United States Export Administration Act or any other export laws, restrictions or
regulations (collectively, “Export Laws”). In addition, if the Software is identified as
export controlled items under the Export Laws, You represent and warrant that You
are not a citizen, or otherwise located within, an embargoed nation (including without
limitation Cuba, Iran, North Korea, Sudan, or Syria) and that You are not otherwise
prohibited under the Export Laws from receiving the Software. Any use in violation of
the foregoing limitations and restrictions is strictly prohibited, and unlicensed.
6. RESERVATION OF RIGHTS. The Software is owned by Licensor and licensed, not
sold, to You. The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. Except for the limited
rights of use granted herein, all right, title and interest to the Software, including patent,
copyright, and trademark rights in and to the Software, the accompanying printed
materials, and any copies of the Software are owned by Licensor.
7. CONFIDENTIALITY. The Software is the confidential and proprietary information of
Licensor, and You may not, during the term or thereafter, disclose it to any third party,
or to use it for any purpose other than as expressly provided herein, without a separate
written agreement with Licensor authorizing You to do so.
8. FEEDBACK. If You provide Licensor with any comments, bug reports, feedback,
enhancements, or modifications proposed or suggested by You for the Software
(“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding
any notice to the contrary You may include in any accompanying communication), and
Licensor shall have the right to use such Feedback at its discretion, including, but not
limited to the incorporation of such suggested changes into future releases of the
Software. You hereby grant Licensor a perpetual, irrevocable, transferable,
sublicensable, nonexclusive license under all rights necessary to incorporate and use
your Feedback for any purpose, including to make and sell any products and services.
Duende Software, Inc. – Rev. 01/2022 Page 4 of 5
9. TERM AND TERMINATION. This Agreement will remain in effect for the time
frame specified in your Quote issued to you by Licensor and commences on the
date You: (i) paid the applicable license fee for the Software; or (ii) downloaded
the Software as a non-production user. However, Licensor may terminate this
Agreement upon 30 days’ prior written notice allowing You the opportunity to cure, for
any actual or suspected misuse or abuse by You of the Software or any material
violation of this Agreement. You may also choose to terminate this Agreement for any
reason by ceasing all use of the Software. Following any termination of this Agreement,
You will not be provided any refund, in whole or in part, and You must immediately
cease use of the Software, remove or destroy any instances of the Software and/or
copies thereof, and be able to show evidence of such cessation to Licensor upon
request. The terms of this Agreement that expressly are to, or by implication ought to,
survive, will survive this Agreement. Notwithstanding the foregoing, should Licensor
completely cease to do business (excluding transactions in connection with a sale of
all or substantially all of Licensor’s assets or stock, or in connection with a merger or
other corporate reorganization), the term of this Agreement shall be perpetual as to
Your custom application previously deployed by You prior to the date of such cessation
of business and without the need for any further payments in accordance with all
limitations and restrictions in this Agreement.
10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
The Software and any support are provided on an “as is” basis, without warranty
of any kind. To the maximum extent permitted by applicable law, Licensor
disclaims all warranties and conditions, express, implied, statutory or otherwise,
including but not limited to implied warranties or conditions of fitness for a
particular purpose, merchantability, title, quality, results, and non-infringement.
Under no circumstances will Licensor be liable for any consequential, special,
indirect, incidental or punitive damages whatsoever arising out of the use or
inability to use the Software, even if Licensor has been advised of the possibility
of such damages, and notwithstanding any failure of essential purpose of any
limited remedy. In no event will Licensor’s aggregate liability for damages arising
out of this Agreement or the terms exceed the amount paid by you for the
Software. Some jurisdictions do not allow limitations on implied warranties or
the exclusion or limitation of liability for consequential or incidental damages,
so the above limitations may not apply to You. In such an event, the above
limitations and exclusions will be enforced to the maximum extent permitted
under applicable law.
11. INDEMNITY. You agree to indemnify Licensor and its affiliates, officers, directors,
suppliers, licensors, and other customers from and against any and all liability and
costs (including reasonable attorneys’ fees) incurred by such parties in connection with
or arising out of your use or misuse of the Software.
Duende Software, Inc. – Rev. 01/2022 Page 5 of 5
12. GOVERNING LAW; VENUE. This Agreement shall be governed by and interpreted
in accordance with the laws of the State of New York, USA, excluding its law on conflict
of laws. You hereby consent to submit to personal jurisdiction and venue exclusively
in the federal and state courts of the State of New York, USA.
13. GENERAL PROVISIONS.
A. You will be responsible for the payment of all taxes, duties, levies, and other charges
including, but not limited to sales, use, gross receipts, excise, VAT, ad valorem and
any other taxes, any withholdings or deductions, import and custom taxes, any duties,
or any other charges imposed by any taxing authority (excluding any taxes based on
the Licensor’s income) with respect to the fees payable to Licensor in connection with
this Agreement.
B. This Agreement contains the entire agreement between You and Licensor,
supersedes any other agreement or discussions, oral and written, concerning
the subject matter hereof, and may not be modified or amended except by a
written amendment signed by both parties.
C. If any provision of this Agreement is declared invalid, illegal, or unenforceable
by a court of competent jurisdiction, such provision shall, as to that jurisdiction,
be ineffective only to the extent of such invalidity, illegality, or unenforceability,
and shall not in any manner affect the remaining provisions hereof in such
jurisdiction or render any other provision of this Agreement invalid, illegal, or
unenforceable in any other jurisdiction.
D. You may provide Licensor with a valid purchase order; provided, however,
purchase orders are to be used solely for your accounting purposes and any
terms and conditions contained therein shall be deemed null and void with
respect to the parties’ relationship and this License Agreement. Any such
purchase order provided to Licensor shall in no way relieve you of any obligation
entered into pursuant to this License Agreement including, but not limited to,
your obligation to pay Licensor the appropriate license fees.
E. You agree that in the event of a breach or threatened breach of this Agreement,
Licensor may suffer irreparable harm and will be entitled to specific
performance, and preliminary and/or permanent injunctive relief to enforce this
Agreement without the need to post bond and that such relief shall be in addition
to, and not in lieu of, any monetary damages or other relief a court of competent
jurisdiction, whether at law or equity, may award.
F. This Agreement shall supersede any provisions of the Uniform Commercial
Code as adopted or made applicable to the Software in any competent
jurisdiction. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods.
/* _______ ____ __ ___ ___
* \ _ \ \ / \ / \ \ / / ' ' '
* | | \ \ | | || | \/ | . .
* | | | | | | || ||\ /| |
* | | | | | | || || \/ | | ' ' '
* | | | | | | || || | | . .
* | |_/ / \ \__// || | |
* /_______/ynamic \____/niversal /__\ /____\usic /| . . ibliotheque
* / \
* / . \
* licence.txt - Conditions for use of DUMB. / / \ \
* | < / \_
* If you do not agree to these terms, please | \/ /\ /
* do not use DUMB. \_ / > /
* | \ / /
* Information in [brackets] is provided to aid | ' /
* interpretation of the licence. \__/
*/
Dynamic Universal Music Bibliotheque, Version 0.9.3
Copyright (C) 2001-2005 Ben Davis, Robert J Ohannessian and Julien Cugniere
This software is provided 'as-is', without any express or implied warranty.
In no event shall the authors be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a
product, you are requested to acknowledge its use in the product
documentation, along with details on where to get an unmodified version of
this software, but this is not a strict requirement.
[Note that the above point asks for a link to DUMB, not just a mention.
Googling for DUMB doesn't help much! The URL is "http://dumb.sf.net/".]
[The link was originally strictly required. This was changed for two
reasons. Firstly, if many projects request an acknowledgement, the list of
acknowledgements can become quite unmanageable. Secondly, DUMB was placing
a restriction on the code using it, preventing people from using the GNU
General Public Licence which disallows any such restrictions. See
http://www.gnu.org/philosophy/bsd.html for more information on this
subject. However, if DUMB plays a significant part in your project, we do
urge you to acknowledge its use.]
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed from or altered in any source distribution.
4. If you are using the Program in someone else's bedroom on any Monday at
3:05 pm, you are not allowed to modify the Program for ten minutes. [This
clause provided by Inphernic; every licence should contain at least one
clause, the reasoning behind which is far from obvious.]
5. Users who wish to use DUMB for the specific purpose of playing music are
required to feed their dog on every full moon (if deemed appropriate).
[This clause provided by Allefant, who couldn't remember what Inphernic's
clause was.]
6. No clause in this licence shall prevent this software from being depended
upon by a product licensed under the GNU General Public Licence. If such a
clause is deemed to exist, Debian, then it shall be respected in spirit as
far as possible and all other clauses shall continue to apply in full
force.
8. Take the number stated as introducing this clause. Multiply it by two,
then subtract four. Now insert a '+' between the two digits and evaluate
the resulting sum. Call the result 'x'. If you have not yet concluded that
every numbered clause in this licence whose ordinal number is strictly
greater than 'x' (with the exception of the present clause) is null and
void, Debian, then you are hereby informed that laughter is good for one's
health and you are warmly suggested to do it. By the way, Clauses 4, 5 and
6 are null and void. Incidentally, I like Kubuntu. The work you guys do is
awesome. (Lawyers, on the other hand ...)
We regret that we cannot provide any warranty, not even the implied warranty
of merchantability or fitness for a particular purpose.
Some files generated or copied by automake, autoconf and friends are
available in an extra download. These fall under separate licences but are
all free to distribute. Please check their licences as necessary.
As a special exception, you may use the DUNE source files as part of a software
library or application without restriction. Specifically, if other files
instantiate templates or use macros or inline functions from one or more of the
DUNE source files, or you compile one or more of the DUNE source files and link
them with other files to produce an executable, this does not by itself cause
the resulting executable to be covered by the GNU General Public License. This
exception does not however invalidate any other reasons why the executable file
might be covered by the GNU General Public License.
A modified version of this file may be distributed, but it should be distributed
with a *different* name. Changed files must be distributed *together with a
complete and unchanged* distribution of these files.
This project is licensed under the terms of the
DO WHAT THE FUCK YOU WANT TO BUT IT'S NOT MY FAULT PUBLIC LICENSE, version 3,
as it follows:
0. You just DO WHAT THE FUCK YOU WANT TO.
1. Do not hold the author(s), creator(s), developer(s) or
distributor(s) liable for anything that happens or goes wrong
with your use of the work.
Dynamic Drive DHTML scripts- Terms of Use
Unless indicated otherwise by the credit, all scripts on this site are original
scripts written by the authors of Dynamic Drive, and are protected by both US
and international copyright laws. The below lists the terms of use users of
Dynamic Drive must agree to before using the programs/scripts (Last updated: May
22nd, 06):
1. Users may use any DHTML scripts offered for download on Dynamic Drive, free
of charge, on both personal and commercial web sites. This includes web
designers who wish to use our DHTML scripts in their paid web site projects.
2. You may modify our scripts to customize them based on your needs.
3. Users may NOT, however, redistribute or repost/ resell for download any DHTML
script found on Dynamic Drive. Redistribution is defined as re-offering our
scripts for download in any fashion, whether on a competing web site, an
application that generates code snippets, or a CD-ROM collection of
CSS/JavaScript codes etc. Some examples of what is acceptable and what is not
are:
Acceptable:
-Use our DHTML scripts on any personal or commercial web site to aid in its
functionality/ usability.
-As a web designer, use our DHTML scripts in your paid projects for your client
web sites.
-As a software developer, use our DHTML scripts within a application/ program as
part of its interface, such as a CSS menu being used as the program's navigation
interface. The program itself can be distributable.
In all cases above, the credit notice within the script must remain intact and
unaltered.
Not Acceptable:
-Put our DHTML scripts on another script library or webmaster type site for
others to download.
-Use our DHTML scripts in any type of service or application whereby our codes
are part of the product offerings themselves.
-Put our DHTML scripts in any other types of medium for direct redistribution,
such as a CD-ROM that consists of, but not limited to, webmaster codes and web
graphics.
4. Users agree not to remove/ edit the credit notice within the DHTML source
code, or claim the code to be work of their own. What is the copyright notice?
It appears inside the <script> tag of each script, and looks something like
this:
/***********************************************
* Dynamic Countdown script- © Dynamic Drive (http://www.dynamicdrive.com)
* This notice MUST stay intact for legal use
* Visit http://www.dynamicdrive.com/ for this script and 100s more.
***********************************************/
Sometimes you may wish to move the DHTML script to an external .js file. In such
instances, the credit notice must still be retained within the SCRIPT tags, in
the page's visible source:
<script src="countdown.js" type="text/javascript">
/***********************************************
* Dynamic Countdown script- © Dynamic Drive (http://www.dynamicdrive.com)
* This notice MUST stay intact for legal use
* Visit http://www.dynamicdrive.com/ for this script and 100s more.
***********************************************/
</script>
5. Users agree not to use scripts found on Dynamic Drive for illegal purposes,
or on pages containing illegal material.
6. Users agree not to hold Dynamic Drive liable for any damages resulted from
proper or improper use of any of the scripts found on Dynamic Drive. Use at your
own risk.
7. Users are not required to link back to Dynamic Drive to use our DHTML
scripts, as much as they are appreciated. :)
By using any of the scripts on Dynamic Drive, you understand that you have read
and agreed to the above usage terms. These terms will be strictly enforced, and
violators will face criminal charges. Don't say our lawyer didn't warn you!
PRODUCT: hmenu
Version: 2.9
License type: developer
Download date:
LICENSEE:
Registration key:
Definitions of terms
"PRODUCT" refers to the product offered by Dynarch.com (the object of this license agreement).
"LICENSEE" refers to the one that has downloaded the PRODUCT package. Sometimes we might use "you" as a synonym.
Other terms that might be used
"Application", "Software Application" or "Web Application": will refer to an application developed by the LICENSEE. An Application has a finite scope.
"Library", "Software Library": refers to a possibly reusable collection of tools intended to help developers build Applications.
Here is an example to make clear the distinction between an Application and a Library: the Opera Web Browser is an Application built on top of the Qt Toolkit. While Opera has a finite scope (it is a Web browser), Qt is also used in a lot of other applications, for instance the KDE Desktop. Qt is a Library for developers, while Opera is a general audience Application.
License agreement
LICENSEE is NOT allowed to modify or remove any copyright notices from any of the PRODUCT files.
Subject to the terms of this agreement, Dynarch.com grants LICENSEE a non-exclusive, non-transferable, license to use the PRODUCT in any number of Applications developed by the LICENSEE, as long as the PRODUCT does not make the main nor major functionality of any of those Applications.
The LICENSEE may distribute such Applications incorporating the PRODUCT without paying royalty fees to Dynarch.com.
The PRODUCT can NOT be redistributed as part of a Software Library. Only Applications having a finite purpose are supported by this license.
All rights not specifically granted to LICENSEE herein are retained by Dynarch.com.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
© Dynarch.com 2004. All rights reserved.
PRODUCT: hmenu
Version: 2.9
License type: linkware
Download date:
LICENSEE:
Registration key:
Definitions of terms
"PRODUCT" refers to the product offered by Dynarch.com (the object of this license agreement).
"LICENSEE" refers to the one that has downloaded the PRODUCT package. Sometimes we might use "you" as a synonym.
License agreement
LICENSEE is NOT allowed to modify or remove any copyright notices from any of the PRODUCT files.
Subject to the terms of this agreement, Dynarch.com grants you a non-exclusive, non-transferable, free license to use the PRODUCT on Sites that you own, under the following terms and conditions:
(1) Non-commercial. Sites that use the PRODUCT under this license ("Sites") must be non-profit; examples of accepted websites are free or hobby Websites, blogs, charity organizations or universities, or websites of open source projects.
Sites may contain advertising, as long as they are not published for the specific purpose of showing ads. We will not accept spam sites.
The Sites may not include:
Pornography, adult, or mature content
Gambling or casino-related content
If you are not sure that your Site follows our policy, you must ask us.
(2) Link back. Sites using the PRODUCT under this license must link back to the PRODUCT home page, in each page where the PRODUCT is used. The link must be visible and direct.
Example of acceptable code:
<a href="http://www.dynarch.com/products/dhtml-menu/"
title="Visit the DHTML Menu Page">
DHTML Menu by Dynarch.com
</a>
You can include a target="_blank" attribute if you wish.
You may place the link anywhere in the page, the main requirement is that it must be visible and that it should point directly to the PRODUCT page—server-side redirects are not acceptable.
Please refer to the file linkware.html in the PRODUCT package for more details on this, after you download the PRODUCT.
(3) No Intranet. This free license does not cover usage on your Intranet—for that you need to purchase a commercial license.
(4) No distribution. You may not distribute the PRODUCT nor any derivative works to any third party. You may not distribute free nor commercial Software applications or Libraries that incorporate the PRODUCT.
All rights not specifically granted to LICENSEE herein are retained by Dynarch.com.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
© Dynarch.com 2003-2005. All rights reserved.
WARRANTY
There is NO WARRANTY for the ec fonts, to the extent permitted by
applicable law. Except when otherwise stated in writing, the authors
provides the program `as is' without warranty of any kind, either
expressed or implied, including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality and performance of the program is
with you. Should the program prove defective, you assume the cost of
all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing
will the authors be liable to you for damages, including any general,
special, incidental or consequential damages arising out of any use of the
program or out of inability to use the program (including but not
limited to loss of data or data being rendered inaccurate or losses
sustained by you or by third parties as a result of a failure of the
program to operate with any other programs), even if such holder or
other party has been advised of the possibility of such damages.
DISTRIBUTION
Redistribution of unchanged files is allowed provided that all files
listed in the file 00files.txt are distributed, including this file.
If you receive only some of these files from someone, complain!
The distribution of changed versions of certain files included in
the ec fonts, and the re-use of code from those files, are allowed
under the following restrictions:
* It is allowed only if the legal notice in the file does not
expressly forbid it.
* You rename the file before you make any changes to it, unless the
file explicitly says that renaming is not required. Any such changed
files should be distributed under conditions that ensure that those
files, and any files derived from them, will never be redistributed
under the names used by the original files in the ec fonts.
* The names of the modified fonts must not start with the two letters
`ec' or `tc'.
* You change the `error report address' so that we do not get error
reports for files not maintained by us.
The Educational Community License 1.0
This Educational Community License (the "License") applies
to any original work of authorship (the "Original Work") whose owner
(the "Licensor") has placed the following notice immediately following
the copyright notice for the Original Work:
Copyright (c) <year> <copyright holders>
Licensed under the Educational Community License version 1.0
This Original Work, including software, source code, documents,
or other related items, is being provided by the copyright holder(s)
subject to the terms of the Educational Community License. By
obtaining, using and/or copying this Original Work, you agree that you
have read, understand, and will comply with the following terms and
conditions of the Educational Community License:
Permission to use, copy, modify, merge, publish, distribute, and
sublicense this Original Work and its documentation, with or without
modification, for any purpose, and without fee or royalty to the
copyright holder(s) is hereby granted, provided that you include the
following on ALL copies of the Original Work or portions thereof,
including modifications or derivatives, that you make:
The full text of the Educational Community License in a location viewable to
users of the redistributed or derivative work.
Any pre-existing intellectual property disclaimers, notices, or terms and
conditions.
Notice of any changes or modifications to the Original Work, including the
date the changes were made.
Any modifications of the Original Work must be distributed in such a manner as
to avoid any confusion with the Original Work of the copyright holders.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The name and trademarks of copyright holder(s) may NOT be used
in advertising or publicity pertaining to the Original or Derivative
Works without specific, written prior permission. Title to copyright in
the Original Work and any associated documentation will at all times
remain with the copyright holders.
Educational Community License
Version 2.0, April 2007
http://www.osedu.org/licenses/
The Educational Community License version 2.0 ("ECL") consists of the Apache 2.0
license, modified to change the scope of the patent grant in section 3 to be
specific to the needs of the education communities using this license. The
original Apache 2.0 license can be found at:
http://www.apache.org/licenses/LICENSE-2.0
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and
distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright
owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities
that control, are controlled by, or are under common control with that entity.
For the purposes of this definition, "control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including
but not limited to software source code, documentation source, and configuration
files.
"Object" form shall mean any form resulting from mechanical transformation or
translation of a Source form, including but not limited to compiled object code,
generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made
available under the License, as indicated by a copyright notice that is included
in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that
is based on (or derived from) the Work and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an
original work of authorship. For the purposes of this License, Derivative Works
shall not include works that remain separable from, or merely link (or bind by
name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version
of the Work and any modifications or additions to that Work or Derivative Works
thereof, that is intentionally submitted to Licensor for inclusion in the Work
by the copyright owner or by an individual or Legal Entity authorized to submit
on behalf of the copyright owner. For the purposes of this definition,
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END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Educational Community License to your work
To apply the Educational Community License to your work, attach
the following boilerplate notice, with the fields enclosed by
brackets "[]" replaced with your own identifying information.
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appropriate comment syntax for the file format. We also recommend
that a file or class name and description of purpose be included on
the same "printed page" as the copyright notice for easier
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Copyright [yyyy] [name of copyright owner] Licensed under the
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ECL graph converter license
Redistribution and use in source and binary forms, with or without modification, are permitted for academic, research, experimental, or personal use provided that the following conditions are met:
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For all other uses, please contact the Office for Commercialization and Industry Relations at Texas State University http://www.txstate.edu/ocir/.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Eclipse.org Software User Agreement
1st November, 2001
ECLIPSE.ORG MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Unless otherwise indicated, all Content made available by Eclipse.org is provided to you under the terms and conditions of the Common Public License Version 0.5. For purposes of the Common Public License, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") and subsequently released as project builds ("Builds").
Content as files may contain portions distributed under different license agreements and/or notices. Details about these license agreements and notices are contained in "about.html" files ("Abouts"). Abouts are located in the Repository in the root directory for each CVS module. Abouts in Builds may be in the program root directory and plug-in directories. Such Abouts govern your use of the associated software in that directory, not the Common Public License.
You must agree to the terms and conditions of the Common Public License Version 0.5 and all Abouts contained in any Content and any other terms and conditions that are provided with the Content, if any.
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Eclipse.org Software User Agreement
17th June, 2002
ECLIPSE.ORG MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Unless otherwise indicated, all Content made available by Eclipse.org is provided to you under the terms and conditions of the Common Public License Version 1.0 ("CPL"). A copy of the CPL is provided with this Content and is also available at http://www.eclipse.org/legal/cpl-v10.html. For purposes of the CPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be apportioned into plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features"). A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with a Feature. Plug-ins and Fragments are located in directories named "plugins" and Features are located in directories named "features".
Features may also include other Features ("Included Features"). Files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
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Subdirectories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by Eclipse.org is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties". Such Abouts, Feature Licenses and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory. The Abouts, Feature Licenses and Feature Update Licenses may refer to the CPL or other license agreements, notices or terms and conditions . It is your obligation to read and accept all such all terms and conditions prior to use of the Content. If no About, Feature License or Feature Update License is provided, please contact Eclipse.org to determine what terms and conditions govern that particular Content.
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Eclipse.org Software User Agreement
14th August, 2003
Usage Of Content
ECLIPSE.ORG MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by Eclipse.org is provided to you under the terms and conditions of the Common Public License Version 1.0 ("CPL"). A copy of the CPL is provided with this Content and is also available at http://www.eclipse.org/legal/cpl-v10.html. For purposes of the CPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be apportioned into plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features"). A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with a Feature. Plug-ins and Fragments are located in directories named "plugins" and Features are located in directories named "features".
Features may also include other Features ("Included Features"). Files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Subdirectories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by Eclipse.org is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties". Such Abouts, Feature Licenses and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES AND FEATURE UPDATE LICENSES MAY REFER TO THE CPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
IBM Public License 1.0 (available at http://oss.software.ibm.com/developerworks/opensource/license10.html)
Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License or Feature Update License is provided, please contact Eclipse.org to determine what terms and conditions govern that particular Content.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Eclipse.org Software User Agreement
15th June, 2004
Usage Of Content
ECLIPSE.ORG MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by Eclipse.org is provided to you under the terms and conditions of the Common Public License Version 1.0 ("CPL"). A copy of the CPL is provided with this Content and is also available at http://www.eclipse.org/legal/cpl-v10.html. For purposes of the CPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be apportioned into plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features"). A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with a Feature. Plug-ins and Fragments are located in directories named "plugins" and Features are located in directories named "features".
Features may also include other Features ("Included Features"). Files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Subdirectories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by Eclipse.org is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties". Such Abouts, Feature Licenses and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES AND FEATURE UPDATE LICENSES MAY REFER TO THE CPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Eclipse Public License Version 1.0 (available at http://www.eclipse.org/legal/epl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
IBM Public License 1.0 (available at http://oss.software.ibm.com/developerworks/opensource/license10.html)
Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License or Feature Update License is provided, please contact Eclipse.org to determine what terms and conditions govern that particular Content.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Eclipse Foundation Software User Agreement
March 17, 2005
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ( "Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Inside Plug-ins and Fragments packaged as JARs
Sub-directories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
IBM Public License 1.0 (available at http://oss.software.ibm.com/developerworks/opensource/license10.html)
Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country’s laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both.
Eclipse Foundation Software User Agreement
April 14, 2010
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Inside Plug-ins and Fragments packaged as JARs
Sub-directories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Use of Provisioning Technology
The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Eclipse Foundation Software User Agreement
February 1, 2011
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Inside Plug-ins and Fragments packaged as JARs
Sub-directories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Eclipse Distribution License Version 1.0 (available at http://www.eclipse.org/licenses/edl-v1.0.html)
Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Use of Provisioning Technology
The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Eclipse Foundation Software User Agreement
November 22, 2014
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 2.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-2.0. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Inside Plug-ins and Fragments packaged as JARs
Sub-directories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Eclipse Public License Version 1.0 (available at http://www.eclipse.org/legal/epl-v10.html)
Eclipse Distribution License Version 1.0 (available at http://www.eclipse.org/licenses/edl-v1.0.html)
Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Use of Provisioning Technology
The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Eclipse Foundation Software User Agreement
April 9, 2014
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Inside Plug-ins and Fragments packaged as JARs
Sub-directories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Eclipse Distribution License Version 1.0 (available at http://www.eclipse.org/licenses/edl-v1.0.html)
Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Use of Provisioning Technology
The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Eclipse Foundation Software User Agreement
November 22, 2017
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 2.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-2.0. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
The top-level (root) directory
Plug-in and Fragment directories
Inside Plug-ins and Fragments packaged as JARs
Sub-directories of the directory named "src" of certain Plug-ins
Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
Eclipse Public License Version 1.0 (available at http://www.eclipse.org/legal/epl-v10.html)
Eclipse Distribution License Version 1.0 (available at http://www.eclipse.org/licenses/edl-v1.0.html)
Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Use of Provisioning Technology
The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Eclipse Foundation Technology Compatibility Kit License - v1.1
The accompanying Technology Compatibility Kit is "Copyright (c) [$date-of-document], Eclipse Foundation AISBL and its licensors."
Redistribution and use of the TCK (as defined below) in binary form is permitted provided that the following conditions are met:
Use of the Technology Compatibility Kit accompanying this license ( the “TCK”) and its documentation is permitted solely for the purpose of testing compatibility of an implementation (the “Product”) of a specification (the “Specification”) made available by the Eclipse Foundation AISBL (“Eclipse”).
Only those modifications expressly permitted by the TCK and its documentation are permitted. Except in these limited circumstances, no modifications to the TCK are permitted under this license.
A Product will be deemed to be “compatible” with the Specification if it fully and completely meets and satisfies all requirements of the TCK.
Before any claim of compatibility (or any similar claim suggesting compatibility) is made based on the TCK, the testing party must:
use the TCK to demonstrate that the Product fully and completely meets and satisfies all requirements of the TCK;
make TCK test results showing full and complete satisfaction of all requirements of the TCK publicly available on the testing party’s website and send a link to such test results to Eclipse at tck@eclipse.org; and
comply with any requirements stated in the Specification with regard to subsetting, supersetting, modifying or extending the Specification in any Product claimed to be compatible with the Specification.
The test results must be continuously available and the link must be live for at least as long as the Product is available in the marketplace.
The TCK may not be used as a basis for any statements of partial compatibility. The TCK may only be used as a basis for true, factual statements of full compatibility of Products that fully meet and satisfy all requirements of the TCK.
A determination that a Product is compatible with the TCK does not, in itself, give rise to the right to use any name, mark, logo associated with the TCK, Eclipse, or Eclipse’s contributors or licensors.
Upon the request of Eclipse, a tester will retract any statements of compatibility (or any similar claim suggesting compatibility) which Eclipse reasonably determines to be false or misleading or in violation of the terms of this license.
Redistribution of the TCK must be under this Eclipse Foundation Technology Compatibility Kit License and must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name, trademarks or logos of Eclipse, nor the names, trademarks or logos of its contributors or licensors may be used to endorse or promote products tested with this software without specific prior written permission.
The source code for the TCK accompanying this license is available from Eclipse.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COPYRIGHT OWNER OR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This document and possible translations of it may be copied and furnished to
others, and derivative works that comment on or otherwise explain it or assist
in its implementation may be prepared, copied, published, and distributed, in
whole or in part, without restriction of any kind, provided that the above
copyright notice and this section are included on all such copies and derivative
works. However, this document itself may not be modified in any way, including
by removing the copyright notice or references to Ecma International, except as
needed for the purpose of developing any document or deliverable produced by
Ecma International (in which case the rules applied to copyrights must be
followed) or as required to translate it into languages other than English. The
limited permissions granted above are perpetual and will not be revoked by Ecma
International or its successors or assigns. This document and the information
contained herein is provided on an "AS IS" basis and ECMA INTERNATIONAL
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP
RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
This Software may be subject to third party rights (rights from parties other than
Ecma International), including patent rights, and no licenses under such third
party rights are granted under this license even if the third party concerned is
a member of Ecma International.
SEE THE ECMA CODE OF CONDUCT IN PATENT MATTERS
AVAILABLE AT http://www.ecma-international.org/memento/codeofconduct.htm FOR
INFORMATION REGARDING THE LICENSING OF PATENT CLAIMS THAT ARE REQUIRED TO
IMPLEMENT ECMA INTERNATIONAL STANDARDS*.
Historical Code of Conduct in Patent Matters (valid until December 3, 2009)
1.
Policy
General Declaration:
The General Assembly of Ecma shall not approve recommendations of Standards which are covered by patents when such patents will not be licensed by their owners on a reasonable and non-discriminatory basis.
1.1
In case the proposed Standard is covered by issued patents of Ecma members only: Members of the General Assembly are asked to state the Company licensing policy with respect to these patents.
1.2
In case the proposed Standard is covered by issued patents by non Ecma members: A written statement from the patentee is required, according to which he is prepared to grant licences on a reasonable, non-discriminatory basis.
The General Assembly and/or the Management shall decide in this case which steps must be undertaken in order to obtain such a statement.
1.3
In case the proposed Standard is covered by patent applications of Ecma members (which is not known, neither during the work of the TC nor at the time of the vote in the General Assembly):
1.3.1
Each member of the TCs and/or of the General Assembly of Ecma will determine whether any proposed standard may be covered by any patent for which his company has a pending application; if such a patent application exists, his continued participation to the relevant committee will imply that such a patent, when obtained later, will be made available from his company for licensing on a reasonable, non-discriminatory basis.
1.3.2
Each member of the TCs and/or of the General Assembly of Ecma will determine whether any proposed standard may be covered by any patent for which his company has a pending application; if such a patent application exists, the favourable vote of the Company to the General Assembly will imply that such a patent, when obtained later, will be made available from his company for licensing on a reasonable, non-discriminatory basis.
1.4
In case the proposed Standard is covered by patent applications of third parties (which is not known during the work of the TC nor at the time of the vote in the General Assembly): In this case practically nothing can be done at the time of the vote. When afterwards said patents are issued, it should be tried to obtain reasonable, non-discriminatory licences. If this proves to be impossible, the standard will have to be cancelled.
2.
Procedure
2.1
The questions related to protective rights are in the competence of the General Assembly of Ecma and should not be discussed at the TC level.
2.2
Each draft standard shall be submitted two months ahead of a General Assembly. All members are required to state no less than two weeks before the GA or at the end of the postal voting period whether they claim any issued protective rights covering the subject matter of the proposed standard and/or have knowledge of such rights of third parties.
2.3
Replies to this request will be circulated in due time before the General Assembly.
2.4
When an answer is not received from a Company, the General Assembly may proceed to a vote on the assumption that this Company will act in accordance with the General Declaration, that is to license possible relevant issued patents on a reasonable and non-discriminatory basis.
Code of Conduct in Patent Matters
Version 1 (approved by the Ecma GA in December 2009)
1. Ecma considers it is desirable that fullest available information should be disclosed to those selecting technology for Ecma International Standards* and those interested in adopting Ecma International Standards. Ecma desires to develop standards for which licenses for any essential patents are available on a non-discriminatory basis and on reasonable terms and conditions. Therefore, Ecma desires that any party participating in a technical committee of Ecma International promptly disclose any patent or pending patent application that it believes contain claims that may be required to implement an Ecma International Standard, in accordance with the following provisions.
2. If an Ecma International Standard is developed and a party may own or control a patent or application with claims that are required to implement such Ecma International Standard, three different situations may arise:
2.1 The patent holder is prepared to grant licenses free of charge to other parties on a non-discriminatory basis on reasonable terms and conditions. Negotiations are left to the parties concerned and are performed outside of Ecma International.
2.2 The patent holder is prepared to grant licenses to other parties on a non-discriminatory basis on reasonable terms and conditions. Negotiations are left to the parties concerned and are performed outside of Ecma International.
For patented technology contributed to and incorporated into a Final Draft Ecma International Standard by a patent holder member, the patent holder member may select 2.1 or 2.2. If such patent holder member does not make a selection, 2.2 shall apply.
2.3 For patented technology contributed by a party other than the patent holder, the patent holder is not prepared to comply with the provisions of either Paragraph 2.1 or Paragraph 2.2.
3. Whatever case applies (2.1, 2.2 or 2.3), the patent holder shall, for patents and pending applications it owns or controls that it believes contains claims that may be required to implement the identified Draft Ecma International Standard, provide a timely written statement to be filed with the Ecma Secretary General at the Ecma International Secretariat, using the attached “Patent Statement and Licensing Declaration Form for an Ecma International Standard” (the “Form” available here in WORD format and here in PDF format). Any licensing commitment selected will only apply to those claims that end up being required to implement the Final Ecma International Standard.
3.1 In the event the patent holder selects per Paragraph 2.1 and 2.2, the patent holder may identify specific patents associated with box 1 or box 2 of the Form. If an Ecma member does not identify specific patents on the list, the designated licensing commitment will apply to all of the Ecma member's claims in patents and pending applications it owns or controls that end up being required to implement the finalized Standard. The patent holder may submit multiple Forms to document additional patents, each Form applying to patents associated with one of the boxes. A patent holder may re-designate as follows: Box selections cannot be changed, except that identified patents may be re-designated from box 3 to box 1 or 2, or from box 2 to box 1. For licenses executed before a re-designation, the licensees may continue under the existing license or may request terms in accordance with the re-designation.
3.2 In the event a patent holder selects per Paragraph 2.3, the patent holder must identify the specific patents it owns or controls and believes are required to implement the Ecma Standard in a Form under box 3.
3.3 The Form must not include additional provisions, conditions, or any other clauses that may interpret, restrict or vary the terms of the selected box on the Form.
4. Pursuant to Article 9 of the Ecma International by-laws, each Final Draft Ecma International Standard to be approved shall be submitted two months ahead of a General Assembly (GA).
4.1 Each Ecma member participating in the development of the proposed standard shall, and other Ecma members may, submit a Form at the latest two weeks before the GA (if the vote occurs at the GA) or the end of the postal voting period (if the vote is by mail), if they own or control any patents or patent applications that they believe are required to implement such standard. For so long as such Standard remains an approved Ecma International Standard, the member will be prepared to grant licenses for its essential claims in patents and patent applications in accordance with Paragraph 2 above. In the event Paragraph 2.3 is selected, a patent license may not be available and the technical committee should explore other options.
4.2 This Policy creates no duty for Ecma members to search for any patents or patent applications at any time. A Member’s general licensing commitment shall apply to the claims in any patents or patent applications that are required to implement the Standard even if such patents are acquired by the Member after the Standard is finalized. If Paragraph 2.1 or 2.2 is selected, a commitment attaches to a Standard, then the same commitment would automatically apply to future versions of the Standard if the same implicated patent claims (i) are required for implementation of the revised Standard, and (ii) are used in a substantially similar manner, to a substantially similar extent, to achieve a substantially similar result as the same patent claims were used in the prior version for which the Member has made a licensing commitment.
4.3 An Ecma member that has not submitted a Form regarding a Final Draft Ecma International Standard within the period mentioned in Paragraph 4.1 is obliged to license any claims in patents or patent applications required to implement the Standard on a reasonable and non-discriminatory basis.
5. Anybody may disclose, in written form identifying the title and patent information, another party’s patents and applications that it reasonably believes may be required to implement an Ecma Standard. Such disclosure is not an assertion that such patents or applications are required for the Ecma Standard, but is provided for informational purposes. The Ecma Secretary General will, as feasible, send a Form to each such potential patent holder. A non-member may submit a Form to the Ecma Secretary General that lists the non-member’s patents and applications that it believes may be essential to a draft or final Ecma Standard and select one of the options described above in Paragraph 2.
6. Ecma International shall not provide legal opinions about evidence, validity or enforceability of patents, or whether a claim is required to implement a standard. Accordingly, in instances where a patent or pending patent application is disclosed to the Ecma Secretary General and it is not subject to a license commitment in accordance with boxes 1 or 2 of the Form, approval and publication of a proposed standard is authorized if 2/3 of the GA by vote in person or via letter ballot, support proceeding with the standard notwithstanding possible uncommitted patent(s) and patent application(s) of Ecma members or non-members. As a condition to proceeding, the Ecma Secretary General must provide notice of all identified and possibly uncommitted patents or patent applications and their disposal (if any) (i) to the voting members at least 10 days before the vote on the standard will be completed and (ii) to the public if and when the standard is published as final.
7. If a patent or pending patent application, that is not subject to a license commitment in accordance with boxes 1 or 2 of the Form, is disclosed to the Ecma Secretary General after an Ecma International Standard has been approved, the process of Paragraph 6 shall be followed to determine if the standard shall be continued, withdrawn or modified.
* Ecma International Standards hereafter means Ecma International Standards as well as Ecma Technical Reports.
Ecma Code of Conduct in Patent Matters*
Version 2 (approved by the Ecma GA in June 2016)
1. Ecma considers it is desirable that fullest available information should be disclosed to those selecting technology for Ecma International Standards and those interested in adopting Ecma International Standards1. Ecma desires to develop standards for which licenses for any essential patents are available on a non-discriminatory basis and on reasonable terms and conditions. Therefore, Ecma desires that any party participating in a technical committee of Ecma International promptly disclose any patent or pending patent application that it believes contain claims that may be required to implement an Ecma International Standard, in accordance with the following provisions.
2. If an Ecma International Standard is developed and a party may own or control a patent or application with claims that are required to implement such Ecma International Standard, three different situations may arise:
2.1 The patent holder is prepared to grant licenses free of charge to other parties on a non-discriminatory basis on reasonable terms and conditions. Negotiations are left to the parties concerned and are performed outside of Ecma International.
2.2 The patent holder is prepared to grant licenses to other parties on a non-discriminatory basis on reasonable terms and conditions. Negotiations are left to the parties concerned and are performed outside of Ecma International. For patented technology contributed to and incorporated into a Final Draft Ecma International Standard by a patent holder member, the patent holder member may select 2.1 or 2.2. If such patent holder member does not make a selection, 2.2 shall apply.
2.3 For patented technology contributed by a party other than the patent holder, the patent holder is not prepared to comply with the provisions of either Paragraph 2.1 or Paragraph 2.2.
3. Whatever case applies (2.1, 2.2 or 2.3), the patent holder shall, for patents and pending applications it owns or controls that it believes contains claims that may be required to implement the identified Draft Ecma International Standard, provide a timely written statement to be filed with the Ecma Secretary General at the Ecma International Secretariat, using the attached “Patent Statement and Licensing Declaration Form for an Ecma International Standard” (the “Form” available here in WORD format and here in PDF format). Any licensing commitment selected will only apply to those claims that end up being required to implement the Final Ecma International Standard.
3.1 In the event the patent holder selects per Paragraph 2.1 and 2.2, the patent holder may identify specific patents associated with box 1 or box 2 of the Form. If an Ecma member does not identify specific patents on the list, the designated licensing commitment will apply to all of the Ecma member's claims in patents and pending applications it owns or controls that end up being required to implement the finalized Standard. The patent holder may submit multiple Forms to document additional patents, each Form applying to patents associated with one of the boxes. A patent holder may re-designate as follows: Box selections cannot be changed, except that identified patents may be re-designated from box 3 to box 1 or 2, or from box 2 to box 1. For licenses executed before a re-designation, the licensees may continue under the existing license or may request terms in accordance with the re-designation.
3.2 In the event a patent holder selects per Paragraph 2.3, the patent holder must identify the specific patents it owns or controls and believes are required to implement the Ecma Standard in a Form under box 3.
3.3 The Form must not include additional provisions, conditions, or any other clauses that may interpret, restrict or vary the terms of the selected box on the Form.
4. Pursuant to Article 9 of the Ecma International by-laws, each Final Draft Ecma International Standard to be approved shall be submitted two months ahead of a General Assembly (GA).
4.1 Each Ecma member participating in the development of the proposed standard shall, and other Ecma members may, submit a Form at the latest two weeks before the GA (if the vote occurs at the GA) or the end of the postal voting period (if the vote is by mail), if they own or control any patents or patent applications that they believe are required to implement such standard. For so long as such Standard remains an approved Ecma International Standard, the member will be prepared to grant licenses for its essential claims in patents and patent applications in accordance with Paragraph 2 above. In the event Paragraph 2.3 is selected, a patent license may not be available and the technical committee should explore other options.
4.2 This Policy creates no duty for Ecma members to search for any patents or patent applications at any time. A Member’s general licensing commitment shall apply to the claims in any patents or patent applications that are required to implement the Standard even if such patents are acquired by the Member after the Standard is finalized. If Paragraph 2.1 or 2.2 is selected, a commitment attaches to a Standard, then the same commitment would automatically apply to future versions of the Standard if the same implicated patent claims (i) are required for implementation of the revised Standard, and (ii) are used in a substantially similar manner, to a substantially similar extent, to achieve a substantially similar result as the same patent claims were used in the prior version for which the Member has made a licensing commitment.
4.3 An Ecma member participating in the development of the proposed standard that has not submitted a Form regarding a Final Draft Ecma International Standard within the period mentioned in Paragraph 4.1 is obliged to license any claims in patents or patent applications required to implement the Standard on a reasonable and non-discriminatory basis.
5. Anybody may disclose, in written form identifying the title and patent information, another party’s patents and applications that it reasonably believes may be required to implement an Ecma Standard. Such disclosure is not an assertion that such patents or applications are required for the Ecma Standard, but is provided for informational purposes. The Ecma Secretary General will, as feasible, send a Form to each such potential patent holder. A non-member may submit a Form to the Ecma Secretary General that lists the non-member’s patents and applications that it believes may be essential to a draft or final Ecma Standard and select one of the options described above in Paragraph 2.
6. Ecma International shall not provide legal opinions about evidence, validity or enforceability of patents, or whether a claim is required to implement a standard. Accordingly, in instances where a patent or pending patent application is disclosed to the Ecma Secretary General and it is not subject to a license commitment in accordance with boxes 1 or 2 of the Form, approval and publication of a proposed standard is authorized if 2/3 of the GA by vote in person or via letter ballot, support proceeding with the standard notwithstanding possible uncommitted patent(s) and patent application(s) of Ecma members or non-members. As a condition to proceeding, the Ecma Secretary General must provide notice of all identified and possibly uncommitted patents or patent applications and their disposal (if any) (i) to the voting members at least 10 days before the vote on the standard will be completed and (ii) to the public if and when the standard is published as final.
7. If a patent or pending patent application, that is not subject to a license commitment in accordance with boxes 1 or 2 of the Form, is disclosed to the Ecma Secretary General after an Ecma International Standard has been approved, the process of Paragraph 6 shall be followed to determine if the standard shall be continued, withdrawn or modified.
___________________________
* The old Ecma Code of Conduct in Patent Matters that was valid until 3 December 2009 is to be found here and Version 1 approved in December 2009 is to be found here.
1 Ecma International Standards hereafter means Ecma International Standards as well as Ecma International Technical Reports.
COPYRIGHT NOTICE
This document may be copied, published and distributed to others, and certain derivative works of it may be prepared, copied, published, and distributed, in whole or in part, provided that the above copyright notice and this Copyright License and Disclaimer are included on all such copies and derivative works. The only derivative works that are permissible under this Copyright License and Disclaimer are:
(i) works which incorporate all or portion of this document for the purpose of providing commentary or explanation (such as an annotated version of the document),
(ii) works which incorporate all or portion of this document for the purpose of incorporating features that provide accessibility,
(iii) translations of this document into languages other than English and into different formats and
(iv) works by making use of this specification in standard conformant products by implementing (e.g. by copy and paste wholly or partly) the functionality therein.
However, the content of this document itself may not be modified in any way, including by removing the copyright notice or references to Ecma International, except as required to translate it into languages other than English or into a different format.
The official version of an Ecma International document is the English language version on the Ecma International website. In the event of discrepancies between a translated version and the official version, the official version shall govern.
The limited permissions granted above are perpetual and will not be revoked by Ecma International or its successors or assigns.
This document and the information contained herein is provided on an "AS IS" basis and ECMA INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
As a special exception, if other files instantiate templates or use macros
or inline functions from this file, or you compile this file and link it
with other works to produce a work based on this file, this file does not
by itself cause the resulting work to be covered by the GNU General Public
License. However the source code for this file must still be made available
in accordance with section (3) of the GNU General Public License.
This exception does not invalidate any other reasons why a work based on
this file might be covered by the GNU General Public License.
This file is part of eCos, the Embedded Configurable Operating System.
eCos is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free
Software Foundation; either version 2 or (at your option) any later version.
eCos is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License
for more details.
You should have received a copy of the GNU General Public License along
with eCos; if not, write to the Free Software Foundation, Inc.,
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.
As a special exception, if other files instantiate templates or use macros
or inline functions from this file, or you compile this file and link it
with other works to produce a work based on this file, this file does not
by itself cause the resulting work to be covered by the GNU General Public
License. However the source code for this file must still be made available
in accordance with section (3) of the GNU General Public License.
This exception does not invalidate any other reasons why a work based on
this file might be covered by the GNU General Public License.
CYGNUS ECOS PUBLIC LICENSE Version 1.0
1. DEFINITIONS.
1.1. "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not
already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities,
"You" includes any entity which controls, is controlled by, or is under
common control with You. For purposes of this definition, "control"
means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b)
ownership of fifty percent (50%) or more of the outstanding shares or
beneficial ownership of such entity.
1.13. "Cygnus's Branded Code" is code that Cygnus Solutions ("Cygnus")
distributes and/or permits others to distribute under different terms
than the Cygnus eCos Public License. Cygnus's Branded Code may contain
part or all of the Covered Code.
2. SOURCE CODE LICENSE.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or
without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Initial Developer, to make, have made, use and sell ("Utilize")
the Original Code (or portions thereof), but solely to the
extent that any such patent is reasonably necessary to enable
You to Utilize the Original Code (or portions thereof) and not
to any greater extent that may be necessary to Utilize further
Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Contributor, to Utilize the Contributor Version (or portions
thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Contributor
Version (or portions thereof), and not to any greater extent
that may be necessary to Utilize further Modifications or
combinations.
3. DISTRIBUTION OBLIGATIONS.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
via an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available and to the Initial
Developer; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months
after the date it initially became available, or at least six (6)
months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
You are responsible for notifying the Initial Developer of the
Modification and the location of the Source if a contact means is
provided. Cygnus will be acting as maintainer of the Source and may
provide an Electronic Distribution mechanism for the Modification to
be made available. You can contact Cygnus to make the Modification
available and to notify the Initial Developer.
(http://sourceware.cygnus.com/ecos)
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a
file documenting the changes You made to create that Covered Code
and the date of any change. You must include a prominent statement
that the Modification is derived, directly or indirectly, from
Original Code provided by the Initial Developer and including the
name of the Initial Developer in (a) the Source Code, and (b) in any
notice in an Executable version or related documentation in which
You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its
utilization under this License), you must include a text file
with the source code distribution titled "LEGAL" which describes
the claim and the party making the claim in sufficient detail
that a recipient will know whom to contact. If you obtain such
knowledge after You make Your Modification available as
described in Section 3.2, You shall promptly modify the LEGAL
file in all copies You make available thereafter and shall take
other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received
the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in
the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered
Code. If You created one or more Modification(s), You may add your
name as a Contributor to the Source Code. If it is not possible to
put such notice in a particular Source Code file due to its
structure, then you must include such notice in a location (such as
a relevant directory file) where a user would be likely to look for
such a notice. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of
the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree
to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights
relating to the Covered Code. You may distribute the Executable
version of Covered Code under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for
the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that any
terms which differ from this License are offered by You alone, not
by the Initial Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of any such terms You offer.
If you distribute executable versions containing Covered Code, you
must reproduce the notice in Exhibit B in the documentation and/or
other materials provided with the product.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure
the requirements of this License are fulfilled for the Covered Code.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute
or regulation then You must: (a) comply with the terms of this License
to the maximum extent possible; (b) cite the statute or regulation that
prohibits you from adhering to the license; and (c) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed
for a recipient of ordinary skill to be able to understand it. You must
submit this LEGAL file to Cygnus for review, and You will not be able
use the covered code in any means until permission is granted from
Cygnus to allow for the inability to comply due to statute or
regulation.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A, and to related Covered Code.
Cygnus may include Covered Code in products without such additional
products becoming subject to the terms of this License, and may license
such additional products on different terms from those contained in this
License.
Cygnus may license the Source Code of Cygnus's Branded Code without
Cygnus's Branded Code becoming subject to the terms of this License, and
may license Cygnus's Branded Code on different terms from those
contained in this License. Contact Cygnus for details of alternate
licensing terms available.
6. VERSIONS OF THE LICENSE.
6.1. New Versions.
Cygnus may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of
that version. You may also choose to use such Covered Code under
the terms of any subsequent version of the License published by
Cygnus. No one other than Cygnus has the right to modify the terms
applicable to Covered Code beyond what is granted under this and
subsequent Licenses.
6.3. Derivative Works.
If you create or use a modified version of this License (which you
may only do in order to apply it to code which is not already
Covered Code governed by this License), you must (a) rename Your
license so that the phrases "ECOS", "eCos", "Cygnus", "CPL" or any
confusingly similar phrase do not appear anywhere in your license
and (b) otherwise make it clear that your version of the license
contains terms which differ from the eCos Public License and Cygnus
Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this
License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in, the United States of America: (a) unless
otherwise agreed in writing, all disputes relating to this License
(excepting any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration, with the losing party
paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in Santa Clara County, California, under the
auspices of JAMS/EndDispute; and (c) any litigation relating to this
Agreement shall be subject to the jurisdiction of the Federal Courts of
the Northern District of California, with venue lying in Santa Clara
County, California, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys fees
and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with
Section 3.4, You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues
you received from utilizing such rights, and other relevant factors. You
agree to work with affected parties to distribute responsibility on an
equitable basis.
13. ADDITIONAL TERMS APPLICABLE TO THE CYGNUS ECOS PUBLIC LICENSE.
Nothing in this License shall be interpreted to prohibit Cygnus from
licensing under different terms than this License any code which Cygnus
otherwise would have a right to license.
Cygnus and logo - This License does not grant any rights to use the
trademark "Cygnus", the Cygnus logo, eCos logo, even if such marks are
included in the Original Code. You may contact Cygnus for permission to
display the Cygnus and eCos marks in either the documentation or the
Executable version beyond that required in Exhibit B.
Inability to Comply Due to Contractual Obligation - To the extent that
Cygnus is limited contractually from making third party code available
under this License, Cygnus may choose to integrate such third party code
into Covered Code without being required to distribute such third party
code in Source Code form, even if such third party code would otherwise
be considered "Modifications" under this License.
EXHIBIT A.
"The contents of this file are subject to the Cygnus eCos Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://sourceware.cygnus.com/ecos
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.
The Original Code is eCos - Embedded Cygnus Operating System, released
September 30, 1998.
The Initial Developer of the Original Code is Cygnus. Portions created
by Cygnus are Copyright (C) 1998 Cygnus Solutions. All Rights Reserved."
EXHIBIT B.
Part of the software embedded in this product is eCos - Embedded Cygnus
Operating System, a trademark of Cygnus Solutions. Portions created by
Cygnus are Copyright (C) 1998 Cygnus Solutions (http://www.cygnus.com).
All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY CYGNUS SOLUTIONS
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Red Hat eCos Public License v1.1
1. DEFINITIONS
1.1. "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not
already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities,
"You" includes any entity which controls, is controlled by, or is under
common control with You. For purposes of this definition, "control"
means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b)
ownership of fifty percent (50%) or more of the outstanding shares or
beneficial ownership of such entity.
1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or
permits others to distribute under different terms than the Red Hat eCos
Public License. Red Hat's Branded Code may contain part or all of the
Covered Code.
2. SOURCE CODE LICENSE
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or
without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Initial Developer, to make, have made, use and sell ("Utilize")
the Original Code (or portions thereof), but solely to the
extent that any such patent is reasonably necessary to enable
You to Utilize the Original Code (or portions thereof) and not
to any greater extent that may be necessary to Utilize further
Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Contributor, to Utilize the Contributor Version (or portions
thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Contributor
Version (or portions thereof), and not to any greater extent
that may be necessary to Utilize further Modifications or
combinations.
3. DISTRIBUTION OBLIGATIONS
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
via an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available and to the Initial
Developer; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months
after the date it initially became available, or at least six (6)
months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
You are responsible for notifying the Initial Developer of the
Modification and the location of the Source if a contact means is
provided. Red Hat will be acting as maintainer of the Source and may
provide an Electronic Distribution mechanism for the Modification to
be made available. You can contact Red Hat to make the Modification
available and to notify the Initial Developer.
(http://sourceware.cygnus.com/ecos/)
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a
file documenting the changes You made to create that Covered Code
and the date of any change. You must include a prominent statement
that the Modification is derived, directly or indirectly, from
Original Code provided by the Initial Developer and including the
name of the Initial Developer in (a) the Source Code, and (b) in any
notice in an Executable version or related documentation in which
You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its
utilization under this License), you must include a text file
with the source code distribution titled "LEGAL" which describes
the claim and the party making the claim in sufficient detail
that a recipient will know whom to contact. If you obtain such
knowledge after You make Your Modification available as
described in Section 3.2, You shall promptly modify the LEGAL
file in all copies You make available thereafter and shall take
other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received
the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in
the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered
Code. If You created one or more Modification(s), You may add your
name as a Contributor to the Source Code. If it is not possible to
put such notice in a particular Source Code file due to its
structure, then you must include such notice in a location (such as
a relevant directory file) where a user would be likely to look for
such a notice. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of
the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree
to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights
relating to the Covered Code. You may distribute the Executable
version of Covered Code under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for
the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that any
terms which differ from this License are offered by You alone, not
by the Initial Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of any such terms You offer.
If you distribute executable versions containing Covered Code, you
must reproduce the notice in Exhibit B in the documentation and/or
other materials provided with the product.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure
the requirements of this License are fulfilled for the Covered Code.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute
or regulation then You must: (a) comply with the terms of this License
to the maximum extent possible; (b) cite the statute or regulation that
prohibits you from adhering to the license; and (c) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed
for a recipient of ordinary skill to be able to understand it. You must
submit this LEGAL file to Red Hat for review, and You will not be able
use the covered code in any means until permission is granted from Red
Hat to allow for the inability to comply due to statute or regulation.
5. APPLICATION OF THIS LICENSE
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A, and to related Covered Code.
Red Hat may include Covered Code in products without such additional
products becoming subject to the terms of this License, and may license
such additional products on different terms from those contained in this
License.
Red Hat may license the Source Code of Red Hat Branded Code without Red
Hat Branded Code becoming subject to the terms of this License, and may
license Red Hat Branded Code on different terms from those contained in
this License. Contact Red Hat for details of alternate licensing terms
available.
6. VERSIONS OF THE LICENSE
6.1. New Versions.
Red Hat may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of
that version. You may also choose to use such Covered Code under the
terms of any subsequent version of the License published by Red Hat.
No one other than Red Hat has the right to modify the terms
applicable to Covered Code beyond what is granted under this and
subsequent Licenses.
6.3. Derivative Works.
If you create or use a modified version of this License (which you
may only do in order to apply it to code which is not already
Covered Code governed by this License), you must (a) rename Your
license so that the phrases "ECOS", "eCos", "Red Hat", "RHEPL" or
any confusingly similar phrase do not appear anywhere in your
license and (b) otherwise make it clear that your version of the
license contains terms which differ from the Red Hat eCos Public
License. (Filling in the name of the Initial Developer, Original
Code or Contributor in the notice described in Exhibit A shall not
of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in, the United States of America: (a) unless
otherwise agreed in writing, all disputes relating to this License
(excepting any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration, with the losing party
paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in Santa Clara County, California, under the
auspices of JAMS/EndDispute; and (c) any litigation relating to this
Agreement shall be subject to the jurisdiction of the Federal Courts of
the Northern District of California, with venue lying in Santa Clara
County, California, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys fees
and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS
Except in cases where another Contributor has failed to comply with
Section 3.4, You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues
you received from utilizing such rights, and other relevant factors. You
agree to work with affected parties to distribute responsibility on an
equitable basis.
13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE
Nothing in this License shall be interpreted to prohibit Red Hat from
licensing under different terms than this License any code which Red Hat
otherwise would have a right to license.
Red Hat and logo - This License does not grant any rights to use the
trademark Red Hat, the Red Hat logo, eCos logo, even if such marks are
included in the Original Code. You may contact Red Hat for permission to
display the Red Hat and eCos marks in either the documentation or the
Executable version beyond that required in Exhibit B.
Inability to Comply Due to Contractual Obligation - To the extent that
Red Hat is limited contractually from making third party code available
under this License, Red Hat may choose to integrate such third party
code into Covered Code without being required to distribute such third
party code in Source Code form, even if such third party code would
otherwise be considered "Modifications" under this License.
EXHIBIT A
"The contents of this file are subject to the Red Hat eCos Public
License Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.redhat.com/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.
The Original Code is eCos - Embedded Configurable Operating System,
released September 30, 1998. The Initial Developer of the Original Code
is Red Hat. Portions created by Red Hat are Copyright (C) 1998, 1999,
2000 Red Hat, Inc. All Rights Reserved."
EXHIBIT B
Part of the software embedded in this product is eCos - Embedded
Configurable Operating System, a trademark of Red Hat. Portions created
by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
(http://www.redhat.com/). All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
eCos and the eCos logo are registered trademarks of eCosCentric Limited.
[EDRDG]
****** ELECTRONIC DICTIONARY RESEARCH AND DEVELOPMENT GROUP ******
****** GENERAL DICTIONARY LICENCE STATEMENT ******
EDRDG_Home_Page
1. Introduction
In March 2000, James William Breen assigned ownership of the copyright of the
dictionary files assembled, coordinated and edited by him to the The Electronic
Dictionary Research and Development Group, then at Monash University (hereafter
"the Group"), on the understanding that the Group will foster the development
of the dictionary files, and will utilize all monies received for use of the
files for the further development of the files, and for research into computer
lexicography and electronic dictionaries.
This document outlines the licence arrangement put in place by The Group for
usage of the files. It replaces all previous copyright and licence statements
applying to the files.
2. Application
This licence statement and copyright notice applies to the following dictionary
files, the associated documentation files, and any data files which are derived
from them.
* JMDICT - Japanese-Multilingual Dictionary File - the Japanese and English
components (the translational equivalents in other languages, e.g.
German, French, Dutch, etc. are covered by separate copyright held by the
compilers of that material.)
* EDICT - Japanese-English Electronic DICTionary File
* ENAMDICT - Japanese Names File
* COMPDIC - Japanese-English Computing and Telecommunications Terminology
File
* KANJIDIC2 - File of Information about the Kanji in JIS X 0208, JIS X 0212
and JIS X 0213 in XML format.
* KANJIDIC - File of Information about the 6,355 Kanji in the JIS X 0208
Standard (special conditions apply)
* KANJD212 - File of Information about the 5,801 Supplementary Kanji in the
JIS X 0212 Standard
* EDICT-R - romanized version of the EDICT file. (NB: this file has been
withdrawn from circulation, and all sites carrying it are requested to
remove their copies.)
* RADKFILE/KRADFILE - files relating to the decomposition of the 6,355
kanji in JIS X 0208 into their visible components.
Copyright over the documents covered by this statement is held by James William
BREEN and The Electronic Dictionary Research and Development Group.
3. Licence Conditions
[http://creativecommons.org/images/public/somerights20.gif]
The dictionary files are made available under a Creative Commons Attribution-
ShareAlike Licence (V3.0). The Licence Deed can be viewed here, and the full
Licence Code is here.
In summary (extract from the Licence Deed):
_____________________________________________________________________________
|You are free: |
| * to Share - to copy, distribute and transmit the work |
| * to Remix - to adapt the work |
|Under the following conditions: |
| * Attribution. You must attribute the work in the manner specified by the|
| author or licensor (but not in any way that suggests that they endorse |
| you or your use of the work). |
| * Share Alike. If you alter, transform, or build upon this work, you may |
| distribute the resulting work only under the same, similar or a |
| compatible_licence. |
|_____________________________________________________________________________|
For attribution of these files, you must:
a. in the case of publishing significant extracts of the files, or material
based on significant extracts of the files, e.g. in a published
dictionary or in vocabulary lists, clearly acknowledge that you used the
files for this purpose;
b. in the case of a software package, WWW server, smartphone app, etc. which
uses the files or incorporates data from the files, you must:
i. acknowledge the usage and source of the files in the documentation,
publicity material, WWW site of the package/server, etc.;
ii. provide copies of the documentation and licence files (in the case
of software packages). Where the application packaging does not
provide for the inclusion of such files (e.g. with iPhone
applications), it is sufficient to provide links, as per the next
point;
iii. provide links to either local copies of the documentation and
licence files or to the locations of the files at Monash University
or at the EDRDG site.
If a WWW server is providing a dictionary function or an on-screen
display of words from the files, the acknowledgement must be made
on each screen display, e.g. in the form of a message at the foot
of the screen or page. If, however, material from the files is
mixed with information from other sources, it is sufficient to
provide a general acknowledgement of the sources as described
above.
For smartphone and tablet apps, acknowledgement must be made, e.g.
on a separate screen accessed from a menu, such as one labelled
"About", "Sources", etc. It is not sufficient just to mention it on
a start-up/launch page of the app.
For the EDICT, JMdict and KANJIDIC files, the following URLs may be
used or quoted:
# http://www.edrdg.org/wiki/index.php/JMdict-
EDICT_Dictionary_Project
# http://www.edrdg.org/wiki/index.php/KANJIDIC_Project
See this_page for samples of possible acknowledgement text.
Note that in all cases, the addition of material to the files or to extracts
from the files does not remove or in any way diminish the Group's copyright
over the files. Users of material from the files must NOT claim copyright over
that material.
Note also that provided the conditions above are met, there is NO restriction
placed on commercial use of the files. The files can be bundled with software
and sold for whatever the developer wants to charge. Software using these files
does not have to be under any form of open-source licence.
Where use of the files results in a financial return to the user, it is
suggested that the user make a donation to the Group to assist with the
continued development of the files. The only method currently available is to
make a donation via PayPal using a credit or debit card. Simply click on the
following button and follow the instructions.
[Submit https://www.paypal.com/en_US/i/btn/x-click-but21.gif]
NB: No contract or agreement needs to be signed in order to use the files. By
using the files, the user implicitly undertakes to abide by the conditions of
this licence.
4. Updating Dictionary Versions
If a software package, WWW server, smartphone app, etc. uses the files or
incorporates data from the files, there must be a procedure for regular
updating of the data from the most recent versions available. For example, WWW-
based dictionary servers should update their dictionary versions at least once
a month. Failure to keep the versions up-to-date is a violation of the licence
to use the data.
5. Warranty and Liability
While every effort has been made to ensure the accuracy of the information in
the files, it is possible that errors may still be included. The files are made
available without any warranty whatsoever as to their accuracy or suitability
for a particular application.
Any individual or organization making use of the files must agree:
a. to assume all liability for the use or misuse of the files, and must
agree not to hold the Group liable for any actions or events resulting
from use of the files.
b. to refrain from bringing action or suit or claim against the Group or any
of the Group's members on the basis of the use of the files, or any
information included in the files.
c. to indemnify the Group or its members in the case of action by a third
party on the basis of the use of the files, or any information included
in the files.
6. Copyright
Every effort has been made in the compilation of these files to ensure that the
copyright of other compilers of dictionaries and lexicographic material has not
been infringed. The Group asserts its intention to rectify immediately any
breach of copyright brought to its attention.
Any individual or organization in possession of copies of the files, upon
becoming aware that a possible copyright infringement may be present in the
files, must undertake to contact the Group immediately with details of the
possible infringement.
7. Prior Permission
All permissions for use of the files granted by James William Breen prior to
March 2000 will be honoured and maintained, however the placing of the KANJD212
and EDICTH files under the GNU GPL has been withdrawn as of 25 March 2000.
8. Special Conditions for the KANJIDIC, KANJD212 and KANJIDIC2 Files
In addition to licensing arrangements described above, the following additional
conditions apply to the KANJIDIC, KANJD212 and KANJIDIC2 files.
The following people have granted permission for material for which they hold
copyright to be included in the files, and distributed under the above
conditions, while retaining their copyright over that material:
Jack HALPERN: The SKIP codes.
Note that the SKIP codes are under their own similar Creative Common licence.
See Jack Halpern's conditions_of_use page.
Christian WITTERN and Koichi YASUOKA: The Pinyin information.
Urs APP: the Four Corner codes and the Morohashi information.
Mark SPAHN and Wolfgang HADAMITZKY: the kanji descriptors from their
dictionary.
Charles MULLER: the Korean readings.
Joseph DE ROO: the De Roo codes.
9. Enquiries
All enquiries to:
The Electronic Dictionary Research and Development Group
Attn: Dr Jim Breen
(jimbreen@gmail.com)
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Liability for slight negligence is limited to material breach of contractual
obligations and in that case to the typically predictable loss. Any further
liability is excluded. Contributory negligence of the licensee and other
parties will be taken into account. Any liability under the terms of product
liability laws remains unaffected.
You agree to ensure that a data backup is performed on all computers that the
Software Product or redistributable parts of it are used on. In case of loss
of data, liability is limited to the cost that would arise in the case where a
proper backup has been performed.
The limitation period is one year, if not otherwise regulated by law, and
starts with the service provision.
Any limitation of ej-technologies' liability also applies to your staff,
agents and associated companies.
9. GENERAL
ej-technologies may terminate this EULA if you fail to comply with any term or
condition of this EULA. In such event, you must destroy all copies of the
Software Product and Software Product Licenses.
This EULA is governed by the laws of Germany. Exclusive jurisdiction and place
of performance is Muenchen, Germany, as long as permitted by applicable law.
The United Nations Convention for the International Sale of Goods shall not
apply.
This EULA is the entire agreement between ej-technologies and you, and
supersedes any other communications or advertising with respect to the
Software Product; this EULA may be modified only by written agreement signed
by authorized representatives of you and ej-technologies.
If any provision of this EULA is held invalid, the remainder of this EULA
shall continue in full force and effect.
All rights not expressly granted in this agreement are retained by
ej-technologies.
10. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact
ej-technologies for any reason, please direct correspondence to
ej-technologies GmbH, Claude-Lorrain-Str. 7, D-81543 Muenchen, Germany, or
send email to info@ej-technologies.com.
Ekiga/GnomeMeeting is licensed under the GNU GPL license and as a special
exception, you have permission to link or otherwise combine this program with
the programs OPAL, OpenH323, PWLIB, and OpenSSL, and distribute
the combination, without applying the requirements of the GNU GPL to these
programs, as long as you do follow the requirements of the GNU GPL for all the
rest of the software thus combined.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal in the Software without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
ELASTIC LICENSE AGREEMENT
PLEASE READ CAREFULLY THIS ELASTIC LICENSE AGREEMENT (THIS "AGREEMENT"), WHICH
CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS ALL OF YOUR USE OF ALL OF
THE ELASTIC SOFTWARE WITH WHICH THIS AGREEMENT IS INCLUDED ("ELASTIC SOFTWARE")
THAT IS PROVIDED IN OBJECT CODE FORMAT, AND, IN ACCORDANCE WITH SECTION 2 BELOW,
CERTAIN OF THE ELASTIC SOFTWARE THAT IS PROVIDED IN SOURCE CODE FORMAT. BY
INSTALLING OR USING ANY OF THE ELASTIC SOFTWARE GOVERNED BY THIS AGREEMENT, YOU
ARE ASSENTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE ELASTIC SOFTWARE
GOVERNED BY THIS AGREEMENT. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON
BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL
AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF
SUCH ENTITY.
Posted Date: April 20, 2018
This Agreement is entered into by and between Elasticsearch BV ("Elastic") and
You, or the legal entity on behalf of whom You are acting (as applicable,
"You").
1. OBJECT CODE END USER LICENSES, RESTRICTIONS AND THIRD PARTY OPEN SOURCE
SOFTWARE
1.1 Object Code End User License. Subject to the terms and conditions of
Section 1.2 of this Agreement, Elastic hereby grants to You, AT NO CHARGE and
for so long as you are not in breach of any provision of this Agreement, a
License to the Basic Features and Functions of the Elastic Software.
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic
and its licensors own all right, title and interest in and to the Elastic
Software, and except as expressly set forth in Sections 1.1, and 2.1 of this
Agreement, no other license to the Elastic Software is granted to You under
this Agreement, by implication, estoppel or otherwise. You agree not to: (i)
reverse engineer or decompile, decrypt, disassemble or otherwise reduce any
Elastic Software provided to You in Object Code, or any portion thereof, to
Source Code, except and only to the extent any such restriction is prohibited
by applicable law, (ii) except as expressly permitted in this Agreement,
prepare derivative works from, modify, copy or use the Elastic Software Object
Code or the Commercial Software Source Code in any manner; (iii) except as
expressly permitted in Section 1.1 above, transfer, sell, rent, lease,
distribute, sublicense, loan or otherwise transfer, Elastic Software Object
Code, in whole or in part, to any third party; (iv) use Elastic Software
Object Code for providing time-sharing services, any software-as-a-service,
service bureau services or as part of an application services provider or
other service offering (collectively, "SaaS Offering") where obtaining access
to the Elastic Software or the features and functions of the Elastic Software
is a primary reason or substantial motivation for users of the SaaS Offering
to access and/or use the SaaS Offering ("Prohibited SaaS Offering"); (v)
circumvent the limitations on use of Elastic Software provided to You in
Object Code format that are imposed or preserved by any License Key, or (vi)
alter or remove any Marks and Notices in the Elastic Software. If You have any
question as to whether a specific SaaS Offering constitutes a Prohibited SaaS
Offering, or are interested in obtaining Elastic's permission to engage in
commercial or non-commercial distribution of the Elastic Software, please
contact elastic_license@elastic.co.
1.3 Third Party Open Source Software. The Commercial Software may contain or
be provided with third party open source libraries, components, utilities and
other open source software (collectively, "Open Source Software"), which Open
Source Software may have applicable license terms as identified on a website
designated by Elastic. Notwithstanding anything to the contrary herein, use of
the Open Source Software shall be subject to the license terms and conditions
applicable to such Open Source Software, to the extent required by the
applicable licensor (which terms shall not restrict the license rights granted
to You hereunder, but may contain additional rights). To the extent any
condition of this Agreement conflicts with any license to the Open Source
Software, the Open Source Software license will govern with respect to such
Open Source Software only. Elastic may also separately provide you with
certain open source software that is licensed by Elastic. Your use of such
Elastic open source software will not be governed by this Agreement, but by
the applicable open source license terms.
2. COMMERCIAL SOFTWARE SOURCE CODE
2.1 Limited License. Subject to the terms and conditions of Section 2.2 of
this Agreement, Elastic hereby grants to You, AT NO CHARGE and for so long as
you are not in breach of any provision of this Agreement, a limited,
non-exclusive, non-transferable, fully paid up royalty free right and license
to the Commercial Software in Source Code format, without the right to grant
or authorize sublicenses, to prepare Derivative Works of the Commercial
Software, provided You (i) do not hack the licensing mechanism, or otherwise
circumvent the intended limitations on the use of Elastic Software to enable
features other than Basic Features and Functions or those features You are
entitled to as part of a Subscription, and (ii) use the resulting object code
only for reasonable testing purposes.
2.2 Restrictions. Nothing in Section 2.1 grants You the right to (i) use the
Commercial Software Source Code other than in accordance with Section 2.1
above, (ii) use a Derivative Work of the Commercial Software outside of a
Non-production Environment, in any production capacity, on a temporary or
permanent basis, or (iii) transfer, sell, rent, lease, distribute, sublicense,
loan or otherwise make available the Commercial Software Source Code, in whole
or in part, to any third party. Notwithstanding the foregoing, You may
maintain a copy of the repository in which the Source Code of the Commercial
Software resides and that copy may be publicly accessible, provided that you
include this Agreement with Your copy of the repository.
3. TERMINATION
3.1 Termination. This Agreement will automatically terminate, whether or not
You receive notice of such Termination from Elastic, if You breach any of its
provisions.
3.2 Post Termination. Upon any termination of this Agreement, for any reason,
You shall promptly cease the use of the Elastic Software in Object Code format
and cease use of the Commercial Software in Source Code format. For the
avoidance of doubt, termination of this Agreement will not affect Your right
to use Elastic Software, in either Object Code or Source Code formats, made
available under the Apache License Version 2.0.
3.3 Survival. Sections 1.2, 2.2. 3.3, 4 and 5 shall survive any termination or
expiration of this Agreement.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, THE ELASTIC SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR
STATUTORY REGARDING OR RELATING TO THE ELASTIC SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY
DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ELASTIC SOFTWARE, AND WITH
RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS
OF USE OR THAT THE ELASTIC SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE
ELASTIC SOFTWARE WILL BE UNINTERRUPTED.
4.2 Limitation of Liability. IN NO EVENT SHALL ELASTIC OR ITS LICENSORS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES,
INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH
OR ARISING OUT OF THE USE OR INABILITY TO USE THE ELASTIC SOFTWARE, OR THE
PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A
BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF ELASTIC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. MISCELLANEOUS
This Agreement completely and exclusively states the entire agreement of the
parties regarding the subject matter herein, and it supersedes, and its terms
govern, all prior proposals, agreements, or other communications between the
parties, oral or written, regarding such subject matter. This Agreement may be
modified by Elastic from time to time, and any such modifications will be
effective upon the "Posted Date" set forth at the top of the modified
Agreement. If any provision hereof is held unenforceable, this Agreement will
continue without said provision and be interpreted to reflect the original
intent of the parties. This Agreement and any non-contractual obligation
arising out of or in connection with it, is governed exclusively by Dutch law.
This Agreement shall not be governed by the 1980 UN Convention on Contracts
for the International Sale of Goods. All disputes arising out of or in
connection with this Agreement, including its existence and validity, shall be
resolved by the courts with jurisdiction in Amsterdam, The Netherlands, except
where mandatory law provides for the courts at another location in The
Netherlands to have jurisdiction. The parties hereby irrevocably waive any and
all claims and defenses either might otherwise have in any such action or
proceeding in any of such courts based upon any alleged lack of personal
jurisdiction, improper venue, forum non conveniens or any similar claim or
defense. A breach or threatened breach, by You of Section 2 may cause
irreparable harm for which damages at law may not provide adequate relief, and
therefore Elastic shall be entitled to seek injunctive relief without being
required to post a bond. You may not assign this Agreement (including by
operation of law in connection with a merger or acquisition), in whole or in
part to any third party without the prior written consent of Elastic, which
may be withheld or granted by Elastic in its sole and absolute discretion.
Any assignment in violation of the preceding sentence is void. Notices to
Elastic may also be sent to legal@elastic.co.
6. DEFINITIONS
The following terms have the meanings ascribed:
6.1 "Affiliate" means, with respect to a party, any entity that controls, is
controlled by, or which is under common control with, such party, where
"control" means ownership of at least fifty percent (50%) of the outstanding
voting shares of the entity, or the contractual right to establish policy for,
and manage the operations of, the entity.
6.2 "Basic Features and Functions" means those features and functions of the
Elastic Software that are eligible for use under a Basic license, as set forth
at https://www.elastic.co/subscriptions, as may be modified by Elastic from
time to time.
6.3 "Commercial Software" means the Elastic Software Source Code in any file
containing a header stating the contents are subject to the Elastic License or
which is contained in the repository folder labeled "x-pack", unless a LICENSE
file present in the directory subtree declares a different license.
6.4 "Derivative Work of the Commercial Software" means, for purposes of this
Agreement, any modification(s) or enhancement(s) to the Commercial Software,
which represent, as a whole, an original work of authorship.
6.5 "License" means a limited, non-exclusive, non-transferable, fully paid up,
royalty free, right and license, without the right to grant or authorize
sublicenses, solely for Your internal business operations to (i) install and
use the applicable Features and Functions of the Elastic Software in Object
Code, and (ii) permit Contractors and Your Affiliates to use the Elastic
software as set forth in (i) above, provided that such use by Contractors must
be solely for Your benefit and/or the benefit of Your Affiliates, and You
shall be responsible for all acts and omissions of such Contractors and
Affiliates in connection with their use of the Elastic software that are
contrary to the terms and conditions of this Agreement.
6.6 "License Key" means a sequence of bytes, including but not limited to a
JSON blob, that is used to enable certain features and functions of the
Elastic Software.
6.7 "Marks and Notices" means all Elastic trademarks, trade names, logos and
notices present on the Documentation as originally provided by Elastic.
6.8 "Non-production Environment" means an environment for development, testing
or quality assurance, where software is not used for production purposes.
6.9 "Object Code" means any form resulting from mechanical transformation or
translation of Source Code form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.
6.10 "Source Code" means the preferred form of computer software for making
modifications, including but not limited to software source code,
documentation source, and configuration files.
6.11 "Subscription" means the right to receive Support Services and a License
to the Commercial Software.
Elastic License 2.0
URL: https://www.elastic.co/licensing/elastic-license
## Acceptance
By using the software, you agree to all of the terms and conditions below.
## Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide,
non-sublicensable, non-transferable license to use, copy, distribute, make
available, and prepare derivative works of the software, in each case subject to
the limitations and conditions below.
## Limitations
You may not provide the software to third parties as a hosted or managed
service, where the service provides users with access to any substantial set of
the features or functionality of the software.
You may not move, change, disable, or circumvent the license key functionality
in the software, and you may not remove or obscure any functionality in the
software that is protected by the license key.
You may not alter, remove, or obscure any licensing, copyright, or other notices
of the licensor in the software. Any use of the licensor’s trademarks is subject
to applicable law.
## Patents
The licensor grants you a license, under any patent claims the licensor can
license, or becomes able to license, to make, have made, use, sell, offer for
sale, import and have imported the software, in each case subject to the
limitations and conditions in this license. This license does not cover any
patent claims that you cause to be infringed by modifications or additions to
the software. If you or your company make any written claim that the software
infringes or contributes to infringement of any patent, your patent license for
the software granted under these terms ends immediately. If your company makes
such a claim, your patent license ends immediately for work on behalf of your
company.
## Notices
You must ensure that anyone who gets a copy of any part of the software from you
also gets a copy of these terms.
If you modify the software, you must include in any modified copies of the
software prominent notices stating that you have modified the software.
## No Other Rights
These terms do not imply any licenses other than those expressly granted in
these terms.
## Termination
If you use the software in violation of these terms, such use is not licensed,
and your licenses will automatically terminate. If the licensor provides you
with a notice of your violation, and you cease all violation of this license no
later than 30 days after you receive that notice, your licenses will be
reinstated retroactively. However, if you violate these terms after such
reinstatement, any additional violation of these terms will cause your licenses
to terminate automatically and permanently.
## No Liability
*As far as the law allows, the software comes as is, without any warranty or
condition, and the licensor will not be liable to you for any damages arising
out of these terms or the use or nature of the software, under any kind of
legal claim.*
## Definitions
The **licensor** is the entity offering these terms, and the **software** is the
software the licensor makes available under these terms, including any portion
of it.
**you** refers to the individual or entity agreeing to these terms.
**your company** is any legal entity, sole proprietorship, or other kind of
organization that you work for, plus all organizations that have control over,
are under the control of, or are under common control with that
organization. **control** means ownership of substantially all the assets of an
entity, or the power to direct its management and policies by vote, contract, or
otherwise. Control can be direct or indirect.
**your licenses** are all the licenses granted to you for the software under
these terms.
**use** means anything you do with the software requiring one of your licenses.
**trademark** means trademarks, service marks, and similar rights.
GNU ELIB GENERAL PUBLIC LICENSE
The license agreements of most software companies keep you at the mercy of those companies. By contrast, our general public license is intended to give everyone the right to share GNU Elib. To make sure that you get the rights we want you to have, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. Hence this license agreement.
Specifically, we want to make sure that you have the right to give away copies of GNU Elib, that you receive source code or else can get it if you want it, that you can change GNU Elib or use pieces of it in new free programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to deprive anyone else of these rights. For example, if you distribute copies of GNU Elib, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must tell them their rights.
Also, for our own protection, we must make certain that everyone finds out that there is no warranty for GNU Elib. If GNU Elib is modified by someone else and passed on, we want its recipients to know that what they have is not what we distributed, so that any problems introduced by others will not reflect on our reputation.
Therefore we make the following terms which say what you must do to be allowed to distribute or change GNU Elib.
COPYING POLICIES
1. You may copy and distribute verbatim copies of GNU Elib source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy a valid copyright notice "Copyright (C) 1992 Free Software Foundation (or with whatever year is appropriate); keep intact the notices on all files that refer to this License Agreement and to the absence of any warranty; and give any other recipients of the GNU Elib program a copy of this License Agreement along with the program. You may charge a distribution fee for the physical act of transferring a copy.
2. You may modify your copy or copies of GNU Elib or any portion of it, and copy and distribute such modifications under the terms of Paragraph 1 above, provided that you also do the following:
* cause the modified files to carry prominent notices stating that you changed the files and the date of any change; and
* cause the whole of any work that you distribute or publish, that in whole or in part contains or is a derivative of GNU Elib or any part thereof, to be licensed at no charge to all third parties on terms identical to those contained in this License Agreement (except that you may choose to grant more extensive warranty protection to some or all third parties, at your option).
* You may charge a distribution fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
Mere aggregation of another unrelated program with this program (or its derivative) on a volume of a storage or distribution medium does not bring the other program under the scope of these terms.
3. You may copy and distribute GNU Elib (or any portion of it in under Paragraph 2) in object code or executable form under the terms of Paragraphs 1 and 2 above provided that you also do one of the following:
* accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Paragraphs 1 and 2 above; or,
* accompany it with a written offer, valid for at least three years, to give any third party free (except for a nominal shipping charge) a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Paragraphs 1 and 2 above; or,
* accompany it with the information you received as to where the corresponding source code may be obtained. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form alone.)
For an executable file, complete source code means all the source code for all modules it contains; but, as a special exception, it need not include source code for modules which are standard libraries that accompany the operating system on which the executable file runs.
4. You may not copy, sublicense, distribute or transfer GNU Elib except as expressly provided under this License Agreement. Any attempt otherwise to copy, sublicense, distribute or transfer GNU Elib is void and your rights to use the program under this License agreement shall be automatically terminated. However, parties who have received computer software programs from you with this License Agreement will not have their licenses terminated so long as such parties remain in full compliance.
5. If you wish to incorporate parts of GNU Elib into other free programs whose distribution conditions are different, write to the Free Software Foundation at 675 Mass Ave, Cambridge, MA 02139. We have not yet worked out a simple rule that can be stated here, but we will often permit this. We will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software.
Your comments and suggestions about our licensing policies and our software are welcome! Please contact the Free Software Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, or call (617) 876-3296.
NO WARRANTY
BECAUSE GNU ELIB IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, FREE SOFTWARE FOUNDATION, INC, INGE WALLIN AND/OR OTHER PARTIES PROVIDE GNU ELIB "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GNU ELIB IS WITH YOU. SHOULD GNU ELIB PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL INGE WALLIN, THE FREE SOFTWARE FOUNDATION, INC., AND/OR ANY OTHER PARTY WHO MAY MODIFY AND REDISTRIBUTE GNU ELIB AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS) GNU ELIB, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
ELIXIR TEAM TRADEMARKS POLICY
This document outlines the policy for allowed usage of the “Elixir” word and the
Elixir logo by other parties.
“Elixir” and the Elixir logo are registered trademarks of the Elixir Team. The
Elixir Team believes in a decentralized approach to growing the community and
the ecosystem, independent of the Elixir project and the Elixir Team.
Anyone can use the Elixir trademarks if that use of the trademark is nominative.
The trademarks must not be used to disparage the project and its community, nor
be used in any way to imply ownership, endorsement, or association with the
Elixir project and the Elixir Team.
You must not visually combine the Elixir logo with any other images, or change
the logo in any way other than ways required by printing restrictions. If you
want to create your own visual identity in relation to Elixir, you might use the
shape of an unrelated “water drop” as part of your design, as seen in many
community projects and initiatives. You must not combine or modify the Elixir
logo.
The Elixir logo is available in our repository in both vertical and horizontal
versions.
Nominative use
The “nominative use” (or “nominative fair use”) is a legal doctrine that
authorizes everyone (even commercial companies) to use or refer to the trademark
of another if:
The product or service in question must be one not readily identifiable without
use of the trademark.
Only so much of the mark or marks may be used as is reasonably necessary to
identify the product or service.
The organization using the mark must do nothing that would, in conjunction with
the mark, suggest sponsorship or endorsement by the trademark holder.
Our trademarks must be used to refer to the Elixir programming language.
Examples of permitted use
All examples listed next must strictly adhere to the terms outlined in the
previous sections:
Usage of the Elixir logo to say a technology is “powered by Elixir” under
nominative use. Linking back to the Elixir website, if possible, is appreciated.
Usage of the Elixir logo to display it as a supported technology in a service or
platform. For instance, you may say “we support Elixir” and use the Elixir logo,
but you may not refer to yourself as “the Elixir platform” nor imply any form of
endorsement or association with Elixir.
Usage of the Elixir logo in non-commercial community meetups, in presentations,
and in courses when referring to the language and its ecosystem under nominative
use.
Usage of the Elixir logo in non-commercial swag (stickers, t-shirts, mugs, etc)
to promote the Elixir programming language. The Elixir marks must be the only
marks featured in the product. You need permission to make swag that include
Elixir and other third party marks in them.
Inclusion of the Elixir logo in non-commercial icon sets. Use of the Elixir
icons must still adhere to Elixir’s trademark policies.
Usage of the “Elixir” word in book titles, meetups, conferences, and podcasts.
You must not use the word to imply uniqueness or endorsement from the Elixir
team. “The Elixir book” and “The Elixir podcast” are not permitted.
“Elixir in Action”, “Thinking Elixir”, and “Kraków Elixir User Group” are valid
examples already in use today.
Usage of the “Elixir” word in the names of freely distributed software and
hardware products is allowed when referring to use with or suitability for the
Elixir programming language, such as wxElixir, Elixirsense, etc. If the product
includes the Elixir programming language itself, then you must also respect its
license.
Examples of not permitted use
Here is a non-exhaustive list of non permitted uses of the marks:
Usage of the Elixir logo in book covers, conferences, and podcasts.
Usage of the Elixir logo as the mark of third party projects, even in combination
with other marks.
Naming any company or product after Elixir, such as “The Elixir Hosting”,
“The Elixir Consultants”, etc.
Examples that require permission
Here are some examples that may be granted permission upon request:
Selling merchandise (stickers, t-shirts, mugs, etc).
You can request permission by emailing trademarks@elixir-lang.org.
Important note
Nothing in this page shall be interpreted to allow any third party to claim any
association with the Elixir project and the Elixir Team, or to imply any
approval or support by the Elixir project and the Elixir Team for any third
party products, services, or events.
This license is a legal agreement between you and {copyright-owner} for the use
of {component} (the "Software"). By obtaining the Software you
agree to comply with the terms and conditions of this license.
PERMITTED USE
You are permitted to use, copy, modify, and distribute the Software and its
documentation, with or without modification, for any purpose, provided that
the following conditions are met:
1. A copy of this license agreement must be included with the distribution.
2. Redistributions of source code must retain the above copyright notice in
all source code files.
3. Redistributions in binary form must reproduce the above copyright notice
in the documentation and/or other materials provided with the distribution.
4. Any files that have been modified must carry notices stating the nature
of the change and the names of those who changed them.
5. Products derived from the Software must include an acknowledgment that
they are derived from {component} in their documentation and/or other
materials provided with the distribution.
6. Products derived from the Software may not be called "{component}",
nor may "{component}" appear in their name, without prior written
permission from {copyright-owner}.
INDEMNITY
You agree to indemnify and hold harmless the authors of the Software and
any contributors for any direct, indirect, incidental, or consequential
third-party claims, actions or suits, as well as any related expenses,
liabilities, damages, settlements or fees arising from your use or misuse
of the Software, or a violation of any terms of this license.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE SOFTWARE BE LIABLE
FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION
WITH THE SOFTWARE. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE
APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING
BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF
DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
Embedthis Evaluation License
This is a license for evaluating Embedthis software for non-commercial, evaluation purposes.
This is a License Agreement between Embedthis Software LLC. (“Embedthis”) and you, the Licensee.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. YOUR USE OF THE SOFTWARE INDICATES YOUR FULL ACCEPTANCE AND YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT VOIDS THE AGREEMENT, DISALLOWS LICENSEE USE OF THE SOFTWARE AND MAY GIVE RISE TO UNSPECIFIED DAMAGES.
Definitions
“Integrated Product” means a single Licensee’s product that incorporate(s) the Software in binary form only, together with other hardware or software of significant value-add. “Software” means the Embedthis software including source code, headers, documentation, data files and the Embedthis Builder and Ioto cloud based management service.
1. License to Use
1.1. Licensee is hereby granted a limited, non-exclusive, non-transferable right to use, compile and modify the Software for evaluation or non-commercial purposes when creating Integrated Products.
1.2. Licensee is prohibited from distributing, selling or renting Integrated Products containing any portion of the Software. Licensee acknowledges that a separate Embedthis license is required for further development after this Agreement has terminated or for the distribution and selling Integrated Products.
1.3 Licensee is
2. Copyright and Ownership
2.1. The Software is owned by Embedthis and is protected by international copyright, trademark and any other applicable laws. Licensee must comply with the terms of the copyright notice in the Software and must never remove any notice or product identification from the Software or the accompanying documentation. Licensee acknowledges that the copyright, patent, trade secret and all other intellectual property rights in the Software shall remain the exclusive property of Embedthis. Licensee also acknowledges that Embedthis owns the Embedthis, Ioto and Embedthis GoAhead trademarks and logos.
3. Warranties and Limitations
3.1. Embedthis DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO THE Software, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS Agreement. The Software and accompanying written materials are supplied “AS IS”, without warranty of any kind. Embedthis does not warrant, guarantee or make any representations regarding the use of or the results of the use of the Software or as to its correctness, accuracy, reliability, currentness or otherwise. Licensee assumes the entire risk as to the results and performance of the Software.
4. Notices
4.1. Embedthis may, at its sole discretion, terminate this Agreement at any time without notice.
5. Applicable Law
5.1. This Agreement will be governed by the laws of the State of Washington, USA and the parties submit to the non-exclusive jurisdiction of the courts of that state.
Embedthis Extension License
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The Software is used with an Embedthis product licensed under an Embedthis Commercial License.
Terms of Use
Welcome to EmbedThis
Embedthis Software, LLC. provides this web site, the services available via this web site, and associated embedded device Software (the “Service”) to you (“You”) subject to the following Terms of Use (“Terms”). By using the Service you accept the Terms and agree to be bound by the current Terms displayed on the Embedthis web site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. YOUR USE OF THE SERVICE INDICATES YOUR FULL ACCEPTANCE OF THE TERMS AND YOU AGREE TO BE BOUND BY ALL THE CONDITIONS OF THESE TERMS. FAILURE TO COMPLY WITH ALL THE TERMS DISALLOWS USE OF THE SERVICE AND MAY GIVE RISE TO UNSPECIFIED DAMAGES.
Definitions
Software means the Embedthis embedded device software including source code, headers, documentation and data files. It includes updates and upgrades to the software that have been supplied by Embedthis to You, provided You have a current paid-up subscription to the Service.
Integrated Product means a single end-user product that incorporates the Software in binary form only, together with other hardware or software of significant value-add.
1. License to Use
1.1. Subject to the conditions of these Terms and receipt by Embedthis of all payments due under these Terms, You are hereby granted a worldwide, non-exclusive, non-transferable (except as permitted herein) right to:
a. Use, compile and modify the Software for the purposes of creating Integrated Products.
b. Use, demonstrate, distribute, market, promote, rent, reproduce and sell Integrated Products containing the Software in binary form only, including the ability to provide remote access to Integrated Products via cloud services.
c. Distribute the Software in source code form to Your contract manufacturers for the sole purpose of creating Integrated Products for You. This does not include the right to sublicense the Software, nor does it permit contract manufacturers to distribute or sell the Software except in binary form when part of Your Integrated Product and sold directly to You.
d. Use and interact with the Service using the documented published APIs of the Service for the sole purpose of managing Your Integrated Products.
1.2 You will maintain a valid billing card with the Service and immediately pay all Service fees immediately they become due, unless You have a prior contractual billing agreement with Embedthis that specifies alternate payment terms.
1.3 You agree that You will not take any action that interferes, or attempts to interfere with the proper working of the Service or imposes an unreasonable or disproportionately large load on the infrastructure of the Service as determined solely by Embedthis. You agree that you will not use the Service in any manner other than as expressly authorized by these Terms.
1.4 You agree to keep accurate records relating to the number of devices you create using the Software and Embedthis shall have the right to verify Your compliance with these terms and your subscription volume, at our expense, during the term of this agreement and for a period of one year thereafter. In such case, we will engage an independent accountant from a nationally recognized public accounting firm, which will be subject to a confidentiality obligation. Verification will take place upon not fewer than 30 days notice, during normal business hours and in a manner that does not interfere unreasonably with your operations.
2. Termination
2.1. Provided that You have paid all due Service fees and are not in breach of these Terms, You may terminate this agreement at any time by closing Your account, immediately ceasing to use the Service and ceasing the manufacturer of Integrated Products containing the Software. In the event of such termination, You are not entitled to a refund of the whole or part of any fees paid. Your right to distribute Integrated Products that were manufactured prior to termination, (without the right to connect to the Service) is not affected.
2.2. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Embedthis. This includes, but is not limited to, any dispute related to, or arising out of: (a) any item of the Terms or Embedthis’s enforcement or application of the Terms; (b) any policy or practice of Embedthis, including the operation of the Service, your ability to access and use the Service, or Embedthis’s governance of the Service.
2.3. Embedthis may, at its sole discretion, terminate this Agreement if the Licensee breaches any provision of this Agreement and such breach is not cured within sixty (60) days. Embedthis will not be liable to You for the termination of your account.
2.4 If Embedthis and its successors cease to operate in the ordinary course of business, Your rights granted in this Section 2, including the ability to create and sell Integrated Products, shall continue unaffected. In this event, if you are subscribed at that time to the Service, You are granted an option for a period of sixty (60) days from such event, at your election, to acquire at no charge, a royalty-free, non-exclusive, non-transferable license for the Builder software code required to host the Service including the right to compile, host, execute, market and promote this Builder software only as required to run the Service for your Integrated Products.
3. Assignment
3.1. Neither party may assign or otherwise transfer any of the rights or obligations arising out of these Terms except to transfer this agreement to any successor in connection with any transfer of all or substantially all of its business or assets or to any entity that acquires voting control of the party in a merger, acquisition or reorganization.
4. Copyright and Ownership
4.1. The Service is owned by Embedthis and is protected by international copyright, trademark and any other applicable laws. You must comply with the terms of the copyright notice in the Service and must never remove any notice or product identification from the Service or the accompanying documentation. You acknowledges that the copyright, patent, trade secret and all other intellectual property rights in the Service shall remain the exclusive property of Embedthis. You also acknowledges that Embedthis owns the Embedthis, Appweb, Ioto and Embedthis GoAhead trademarks and logos.
4.2. All right and title to modifications made solely by You to the Software and the right and title to other software that is included by You in an Integrated Product, shall remain Your property or that of other third parties.
5. Property Rights
5.1. The Software provided as part of the Service is commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging solely to Embedthis. Embedthis warrants that to the best of its knowledge, the Software does not infringe the proprietary rights of any third party.
5.2. The Software contains no code licensed under the GNU Public License (GPL) or similar copy-left license that would adversely impact Your full exercise of the rights granted to You by these Terms. Where some code in the Software has been licensed to Embedthis from other parties, Embedthis has rights to such code in the Software, sufficient to provide You with the rights granted by these Terms. Third-party licenses are specified in the Software’s LICENSE.md file included with the Software.
5.3. If a lawsuit brought against You finds that the Software infringes a United States patent, trade secret or copyright in a final determination, Embedthis shall correct the Software and provide You with a non-infringing update of the Software, provided that Embedthis is given prompt written notice of such infringement claim, all information in Your possession related to such claim, and the option to participate fully in the defense against such claim.
6. Warranties and Limitations
6.1. No Other Warranties: Embedthis DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO THE Service, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THESE Terms. The Service and Software are supplied “AS IS”, without warranty of any kind. Embedthis does not warrant, guarantee or make any representations regarding the use of or the results of the use of the Service or as to its correctness, accuracy, reliability, currentness or otherwise. You assumes the entire risk as to the results and performance of the Service. Where legislation does not permit such exclusion of liability, Embedthis’s liability is limited to correction of defects in the Service.
6.2. Limitation of Liability: Except in case of intentional misconduct, gross negligence or breach of these Terms, in no event shall either party be liable to the other party for any damages, whether in contract or tort, including but not limited to damages for loss of business profits, business interruption, direct, consequential, special, exemplary, incidental and indirect damages arising out of or in connection with these Terms or the use, results of use or the inability to use the Service, even if either party has been advised by the other party of the possibility of such damages. In any event, either party’s entire liability under any provision of these Terms shall be limited 100% of the fees paid by You.
7. Confidentiality
7.1. Embedthis and You shall keep in strict confidence, and use only in furtherance of the objectives of these Terms, all technical or commercial know-how, specifications, inventions, processes, and initiatives or other disclosures written or otherwise which are of a confidential nature and have been identified as such, or which a reasonable person would conclude to be confidential under the circumstances, and have been disclosed to the Recipient by the Discloser, and any other confidential information concerning the Discloser’s business or its products which the Recipient may obtain. The Recipient shall restrict disclosure of such confidential material to such of its employees as need to know, the same for the purpose of discharging the Recipient’s obligations to the Discloser, and shall ensure that such employees are subject to obligations of confidentiality corresponding to those which bind the Recipient.
7.2. Information shall not be deemed confidential and Recipient shall have no obligation with respect to any information to the extent that it can be proven by Recipient’s written records that said information: (a) is already known to Recipient prior to receipt from or disclosure by Discloser, without obligation of confidentiality; (b) after receipt from Discloser becomes publicly known through no wrongful act of Recipient; (c) is rightfully received from a third party without similar restriction and without breach of these Terms; (d) is independently developed by Recipient without reference to, or use of, Discloser’s confidential information; (e) is furnished to a third party by Discloser without a similar restriction on the third party’s rights; (f) is approved for release by written authorization of Discloser; or (g) is disclosed to the extent required to comply with a judicial order or applicable governmental regulation or statutory requirement, provided that Recipient provides Discloser with advance notice of the requirement and an opportunity to object to any disclosure.
7.3 Certain registration and identifying information and other information about You may be collected by or through the Service. Embedthis’s use of this information is governed by the Embedthis Privacy Statement.
8. Notices
8.1. Any notice required or permitted by these Terms shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service, or via email with evidence of delivery.
9. Severability
9.1. If one or more provisions of these Terms are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each party as close as possible to that under the provision rendered unenforceable. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such a provision, then (a) such provision shall be excluded from these Terms, (b) the balance of the Terms shall be interpreted as if such provision were so excluded and (c) the balance of the Terms shall be enforceable in accordance with its terms.
10. Entire Agreement
10.1. These Terms contains the entire agreement between You and Embedthis and supersede all prior negotiations, commitments or other communications between the parties relating to the Service. No additional purchase order terms or conditions shall be binding on either party.
11. Applicable Law
11.1. These Terms will be governed by the laws of the State of Washington, USA and the parties submit to the non-exclusive jurisdiction of the courts of that state.
Revised: 9/25/22
The Enhanced MIT License
Introduction
This license is exactly like the MIT License, with one exception –
Any distribution of this source code or any modification thereof in source code format, must be done under the Enhanced MIT license and not under any other licenses, such as GPL.
The Reason
We believe MIT license has a bug since it allows others to use it against its nature. Our belief is that the MIT license is intended to make source code available to anyone who wants to use it without additional obligations, but we have found cases where someone takes a project licensed under MIT license, adds a few lines of source code to it, and then changes the licensing to a different, more restrictive license which is against the nature and the intent of the MIT license. By doing so, the source code released under the original MIT is no longer a true “free/open” source code, thus undermining the intention of the original creator of the source code.
The concept of this Enhanced MIT license is simple and more robust – you can do what you want with this source code, exactly like any other MIT license, but if you release it again as open source (even if modified), you must release it under this Enhanced MIT license – to be clear, this is not a “viral” license, it only refers to the actual source code released under this license and not to other components interacting with it. If GPL is a viral license, this license can be described as a “robust” one as it prevents licensing changes that are against its nature and it defends its own licensing principles. The essence of the Enhanced MIT license is to prevent bullies from using open source code that is truly free and open under the MIT License and turning it into other viral and more restrictive licenses – such as GPL.
Q: Can I build an application with it, or DLL, or any other binary distribution, and not share the source code?
A: Yes, exactly like in a regular MIT license
Q: Can I use the EMIT license in combination with other source codes under other licenses without being forced to change the license for the other source codes?
A: Yes, this license does not require any change to other source codes, and it allows you to distribute it with other source code licensed under other licenses.
Q: Can I add code to this license and then change the license to something else, such as GPL? Or MIT?
A: No, if you add/change the source code, the license must be kept as Enhanced MIT license.
Official Wording of The EMIT
The Enhanced MIT License (EMIT)
Copyright (c) 2016 Wix.com
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
1) the above copyright notice, this permission notice and the complete introduction section above shall be included in all copies or substantial portions of the Software.
2) when the Software is distributed as source code, the licensee is prohibited to change the license of the Software to any “viral” copyleft-type license, such as, inter alia: GPL, LGPL, EPL, MPL, etc.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The emx libraries are not distributed under the GPL. Linking an
application with the emx libraries does not cause the executable
to be covered by the GNU General Public License. You are allowed
to change and copy the emx library sources if you keep the copyright
message intact. If you improve the emx libraries, please send your
enhancements to the emx author (you should copyright your
enhancements similar to the existing emx libraries).
If you have questions about your rights to use or distribute this software, please contact Berkeley Lab's Innovation & Partnerships Office at IPO@lbl.gov.
NOTICE: This Software was developed under funding from the U.S. Department of Energy and the U.S. Government consequently retains certain rights. As such, the U.S. Government has been granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the Software to reproduce, distribute copies to the public, prepare derivative works, and perform publicly and display publicly, and to permit others to do so.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
(1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, the University of Illinois, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
(4) Use of EnergyPlus™ Name. If Licensee (i) distributes the software in stand-alone form without changes from the version obtained under this License, or (ii) Licensee makes a reference solely to the software portion of its product, Licensee must refer to the software as "EnergyPlus version X" software, where "X" is the version number Licensee obtained under this License and may not use a different name for the software. Except as specifically required in this Section (4), Licensee shall not use in a company name, a product name, in advertising, publicity, or other promotional activities any name, trade name, trademark, logo, or other designation of "EnergyPlus", "E+", "e+" or confusingly similar designation, without Lawrence Berkeley National Laboratory’s prior written consent
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code ("Enhancements") to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such enhancements or derivative works thereof, in binary and source code form.
NOTICE: This Software was developed under funding from the U.S. Department of Energy and the U.S. Government consequently retains certain rights. As such, the U.S. Government has been granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the Software to reproduce, distribute copies to the public, prepare derivative works, and perform publicly and display publicly, and to permit others to do so.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
(1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, the University of Illinois, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
(4) Use of EnergyPlus(TM) Name. If Licensee (i) distributes the software in stand-alone form without changes from the version obtained under this License, or (ii) Licensee makes a reference solely to the software portion of its product, Licensee must refer to the software as "EnergyPlus version X" software, where "X" is the version number Licensee obtained under this License and may not use a different name for the software. Except as specifically required in this Section (4), Licensee shall not use in a company name, a product name, in advertising, publicity, or other promotional activities any name, trade name, trademark, logo, or other designation of "EnergyPlus", "E+", "e+" or confusingly similar designation, without the U.S. Department of Energy's prior written consent.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Enhydra Public License Version 1.1
1. Definitions
This license is a union of the following two parts that should be found as text files in the same place (directory), in the order of preeminence: [1] This file itself, named EPL.html [2] The contents of the file opl.html, stating the general licensing policy of the software.
2. Precedence of the license parts
In case of conflicting dispositions in the parts of this license, the terms of the lower-numbered part will always be superseded by the terms of the higher numbered part.
3. Lutris Technologies, Inc. is License Author
For the purposes of this License the "License Author" defined in section 1.13 of OPL.html shall be Lutris Technologies, Inc., 1200 Pacific Ave., Santa Cruz, CA 95060. (http://www.lutris.com)
4. Section 11 of the OPL.html:
11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California, excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in San Francisco County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in San Francisco County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The applicationof the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
5. Exhibit A
"The contents of this file are subject to the Enhydra Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License on the Enhydra web site (http://www.enhydra.org).
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific terms governing rights and limitations under the License. The Initial Developer of the Enhydra Application Server is Lutris Technologies, Inc. The Enhydra Application Server and portions created by Lutris Technologies, Inc. are Copyright Lutris Technologies, Inc. All Rights Reserved.
Contributor(s): . "
6. Exhibit B
Part of the software embedded in this product is Enhydra (Java[TM]/XML Application Server), a trademark of Lutris Technologies Inc.
Portions created by Lutris are Copyright 1997-2000 Lutris Technologies (http://www.lutris.com). All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY LUTRIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Trademarks
You shall not remove or alter any Lutris or Enhydra trademark or trade name placed in the Original Code by Lutris. All copies of the Covered Code distributed by You shall include any such Lutris and Enhydra trademarks and trade names, as well as all required notices provided for in Sections 3.5 and 3.6. Except for the foregoing obligation, You are granted no rights to reproduce or display any Lutris or Enhydra trademarks or trade names.
8. Section 1.10 of OPL
The following shall be added to section 1.10: "Original Code" shall include, but is not limited to, all the files in the Java packages in coveredCode.html.
9. Section 3.2 of OPL 1.0
As used in section 3.2 of the OPL "Contact Means" shall mean the email address info@lutris.com
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies of the Software, its documentation and marketing & publicity materials, and acknowledgment shall be given in the documentation, materials and software packages that this Software was used.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies of the Software and its Copyright notices. In addition publicly
documented acknowledgment must be given that this software has been used if no
source code of this software is made available publicly. This includes
acknowledgments in either Copyright notices, Manuals, Publicity and Marketing
documents or any documentation provided with any product containing this
software. This License does not apply to any software that links to the
libraries provided by this software (statically or dynamically), but only to the
software provided.
Please see the COPYING.PLAIN for a plain-english explanation of this notice and
it's intent.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Entessa Public License Version. 1.0
Copyright (c) 2003 Entessa, LLC. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment:
"This product includes open source software developed by openSEAL (http://www.openseal.org/)."
Alternately, this acknowledgment may appear in the software itself, if and
wherever such third-party acknowledgments normally appear.
4. The names "openSEAL" and "Entessa" must not be used to endorse or promote
products derived from this software without prior written permission. For
written permission, please contact epl@entessa.com.
5. Products derived from this software may not be called "openSEAL", nor may
"openSEAL" appear in their name, without prior written permission of Entessa.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ENTESSA, LLC,
OPENSEAL OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
============================================================
This software consists of voluntary contributions made by many individuals on
behalf of openSEAL and was originally based on software contributed by Entessa,
LLC, http://www.entessa.com. For more information on the openSEAL, please see
<http://www.openseal.org/>.
Permission to reproduce portions of this document is given provided the web site
listed below is referenced. No additional restrictions apply. Source code, when
part of a software project, may be used freely without reference to the author.
Tom Niemann
Portland, Oregon
epaperpress.com
Experimental Physics and Industrial Control System (EPICS) Open Source License
EPICS Open License Terms
The following is the text of the EPICS Open software license agreement which now applies to EPICS Base and many of the unbundled EPICS extensions and support modules.
Copyright © <YEAR> <HOLDERS>. All rights reserved.
<PRODUCT> is distributed subject to the following license conditions:
SOFTWARE LICENSE AGREEMENT
Software: <PRODUCT>
The "Software", below, refers to <PRODUCT> (in either source code, or binary form and accompanying documentation). Each licensee is addressed as "you" or "Licensee."
The copyright holders shown above and their third-party licensors hereby grant Licensee a royalty-free nonexclusive license, subject to the limitations stated herein and U.S. Government license rights.
You may modify and make a copy or copies of the Software for use within your organization, if you meet the following conditions:
Copies in source code must include the copyright notice and this Software License Agreement.
Copies in binary form must include the copyright notice and this Software License Agreement in the documentation and/or other materials provided with the copy.
You may modify a copy or copies of the Software or any portion of it, thus forming a work based on the Software, and distribute copies of such work outside your organization, if you meet all of the following conditions:
Copies in source code must include the copyright notice and this Software License Agreement;
Copies in binary form must include the copyright notice and this Software License Agreement in the documentation and/or other materials provided with the copy;
Modified copies and works based on the Software must carry prominent notices stating that you changed specified portions of the Software.
Portions of the Software resulted from work developed under a U.S. Government contract and are subject to the following license: the Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable worldwide license in this computer software to reproduce, prepare derivative works, and perform publicly and display publicly.
WARRANTY DISCLAIMER. THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COPYRIGHT HOLDERS, THEIR THIRD PARTY LICENSORS, THE UNITED STATES, THE UNITED STATES DEPARTMENT OF ENERGY, AND THEIR EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE COPYRIGHT HOLDERS, THEIR THIRD PARTY LICENSORS, THE UNITED STATES, THE UNITED STATES DEPARTMENT OF ENERGY, OR THEIR EMPLOYEES: BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF ANY OF SAID PARTIES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Eclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Eclipse Public License - v 2.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial content
Distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are Distributed by that particular Contributor. A Contribution
"originates" from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include changes or additions to the Program that
are not Modified Works.
"Contributor" means any person or entity that Distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which
are necessarily infringed by the use or sale of its Contribution alone
or when combined with the Program.
"Program" means the Contributions Distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agreement
or any Secondary License (as applicable), including Contributors.
"Derivative Works" shall mean any work, whether in Source Code or other
form, that is based on (or derived from) the Program and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship.
"Modified Works" shall mean any work in Source Code or other form that
results from an addition to, deletion from, or modification of the
contents of the Program, including, for purposes of clarity any new file
in Source Code form that contains any contents of the Program. Modified
Works shall not include works that contain only declarations,
interfaces, types, classes, structures, or files of the Program solely
in each case in order to link to, bind by name, or subclass the Program
or Modified Works thereof.
"Distribute" means the acts of a) distributing or b) making available
in any manner that enables the transfer of a copy.
"Source Code" means the form of a Program preferred for making
modifications, including but not limited to software source code,
documentation source, and configuration files.
"Secondary License" means either the GNU General Public License,
Version 2.0, or any later versions of that license, including any
exceptions or additional permissions as identified by the initial
Contributor.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare Derivative Works of, publicly display,
publicly perform, Distribute and sublicense the Contribution of such
Contributor, if any, and such Derivative Works.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor,
if any, in Source Code or other form. This patent license shall
apply to the combination of the Contribution and the Program if, at
the time the Contribution is added by the Contributor, such addition
of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party
patent license is required to allow Recipient to Distribute the
Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d) Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
e) Notwithstanding the terms of any Secondary License, no
Contributor makes additional grants to any Recipient (other than
those set forth in this Agreement) as a result of such Recipient's
receipt of the Program under the terms of a Secondary License
(if permitted under the terms of Section 3).
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then:
a) the Program must also be made available as Source Code, in
accordance with section 3.2, and the Contributor must accompany
the Program with a statement that the Source Code for the Program
is available under this Agreement, and informs Recipients how to
obtain it in a reasonable manner on or through a medium customarily
used for software exchange; and
b) the Contributor may Distribute the Program under a license
different than this Agreement, provided that such license:
i) effectively disclaims on behalf of all other Contributors all
warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and
implied warranties or conditions of merchantability and fitness
for a particular purpose;
ii) effectively excludes on behalf of all other Contributors all
liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) does not attempt to limit or alter the recipients' rights
in the Source Code under section 3.2; and
iv) requires any subsequent distribution of the Program by any
party to be under a license that satisfies the requirements
of this section 3.
3.2 When the Program is Distributed as Source Code:
a) it must be made available under this Agreement, or if the
Program (i) is combined with other material in a separate file or
files made available under a Secondary License, and (ii) the initial
Contributor attached to the Source Code the notice described in
Exhibit A of this Agreement, then the Program may be made available
under the terms of such Secondary Licenses, and
b) a copy of this Agreement must be included with each copy of
the Program.
3.3 Contributors may not remove or alter any copyright, patent,
trademark, attribution notices, disclaimers of warranty, or limitations
of liability ("notices") contained within the Program from any copy of
the Program which they Distribute, provided that Contributors may add
their own appropriate notices.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this
license is intended to facilitate the commercial use of the Program,
the Contributor who includes the Program in a commercial product
offering should do so in a manner which does not create potential
liability for other Contributors. Therefore, if a Contributor includes
the Program in a commercial product offering, such Contributor
("Commercial Contributor") hereby agrees to defend and indemnify every
other Contributor ("Indemnified Contributor") against any losses,
damages and costs (collectively "Losses") arising from claims, lawsuits
and other legal actions brought by a third party against the Indemnified
Contributor to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its distribution of the Program
in a commercial product offering. The obligations in this section do not
apply to any claims or Losses relating to any actual or alleged
intellectual property infringement. In order to qualify, an Indemnified
Contributor must: a) promptly notify the Commercial Contributor in
writing of such claim, and b) allow the Commercial Contributor to control,
and cooperate with the Commercial Contributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may
participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those performance
claims and warranties, and if a court requires any other Contributor to
pay any damages as a result, the Commercial Contributor must pay
those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs
or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other software
or hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and
may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. The Eclipse Foundation
is the initial Agreement Steward. The Eclipse Foundation may assign the
responsibility to serve as the Agreement Steward to a suitable separate
entity. Each new version of the Agreement will be given a distinguishing
version number. The Program (including Contributions) may always be
Distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published,
Contributor may elect to Distribute the Program (including its
Contributions) under the new version.
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any
Contributor under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in the Program not expressly granted
under this Agreement are reserved. Nothing in this Agreement is intended
to be enforceable by any entity that is not a Contributor or Recipient.
No third-party beneficiary rights are created under this Agreement.
Exhibit A - Form of Secondary Licenses Notice
"This Source Code is also Distributed under one
or more Secondary Licenses, as those terms are defined by
the Eclipse Public License, v. 2.0: {name license(s),version(s),
and exceptions or additional permissions here}."
Simply including a copy of this Agreement, including this Exhibit A
is not sufficient to license the Source Code under Secondary Licenses.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to
look for such a notice.
You may add additional accurate notices of copyright ownership.
European Patent Organisation Open Source Licence No. 2005/1
This Licence applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this Licence. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification"). Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this Licence; they are outside its scope.
1. Licence
1.1 You may install, use, reproduce, display, modify and redistribute the Program or work based on the Program in source and binary forms subject to the following conditions:
(a) You conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this Licence and to the absence of any warranty; and give any other recipients of the Program or work based on the Program a copy of this Licence along with the Program or work based on the Program.
(b) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
(c) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this Licence.
(d) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this Licence. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works.
(e) If you copy or distribute the Program (or a work based on it) in any form including object code or executable form, you must:
(i) Accompany it with the complete corresponding machine-readable source code and the full comments, which must be distributed under the terms of sections (a) to (d) above on a medium customarily used for software interchange; or,
(ii) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of (a) to (d) above on a medium customarily used for software interchange.
For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
1.2 You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this Licence. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this Licence. However, parties who have received copies, or rights, from you under this Licence will not have their licenses terminated so long as such parties remain in full compliance.
2. No Warranty, disclaimer of liability
2.1 The Program or work based on the Program is provided free of charge AS IS.
NO REPRESENTATION OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED ARE GIVEN. IN PARTICULAR, BUT WITHOUT LIMITATION, NO WARRANTY IS PROVIDED IN RESPECT OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TO THE EFFECT THAT THE PROGRAM OR WORK BASED ON THE PROGRAM IS FREE OF DEFECTS, OR NOT SUBJECT TO THE RIGHTS OF THIRD PARTIES, IN PARTICULAR PATENTS OR COPYRIGHTS.
2.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM OR WORK BASED ON THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Applicable Law and Arbitration
This Agreement shall be subject to German law. Any dispute arising out of or in connection with this Agreement shall be settled finally by a three-person arbitration panel administered under the WIPO Arbitration Rules in Geneva using English as the procedural language.
4. General
4.1 Should any provision of this Licence be or become invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, and the respective provision shall be replaced by a valid provision coming closest to achieving the purpose and meaning of the invalid clause.
4.2 The European Patent Organisation reserves the right to publish new versions of this Licence from time to time. The Program and work based on the Program may always be distributed subject to the version of the Licence under which it was received.
AVASYS PUBLIC LICENSE
2008-04-01
This License applies to any program or other work identified as such
at the point of distribution and/or in a suitable location in the
sources for a work including it, for example in a README file. Such
sources should include a verbatim copy of this License.
The "Program", below, refers to any program or work covered by this
License; each "Licensee" is addressed as "you".
You may use, reproduce, modify and distribute the Program subject to
the terms and conditions below.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
1. Copyright of the Program is reserved by AVASYS Corporation and
its Licensor(s).
2. You may freely reproduce and distribute verbatim copies of the
Program in any medium, provided that recipients of such copies
are given a copy of this License. Verbatim copies are covered
by the terms of this License.
3. You may modify the Program and freely distribute your modified
version(s), provided that you distribute it under the terms of
this License. Recipients of any modified version(s) should be
provided with a copy of this License.
4. You shall treat those parts of the Program that were provided
to you in executable or object code only as the proprietary
and confidential information of AVASYS Corporation and its
Licensor(s).
5. You may neither reverse engineer, reverse compile, reverse
assemble nor otherwise attempt to analyse those parts of the
Program that were provided to you in executable or object code
only. However, as a special exception AVASYS Corporation and
its Licensor(s) give permission to reverse engineer the
Program in those cases, and only those cases, where this is
required by the terms stipulated in the GNU Library General
Public License or GNU Lesser General Public License, both as
published by the Free Software Foundation; either version 2 of
the former license, version 2.1 of the latter license, or (at
your option) any later version.
6. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
7. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS
OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH
ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
EPSON END USER SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.
IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 19-23 OF THIS DOCUMENT APPLY TO YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO WISH TO BE EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.
IF YOU ACQUIRE THIS PRODUCT IN AUSTRALIA, SECTIONS 24-36 OF THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 25 AND 28 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 24-36 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 24-36.
This is a legal agreement (“Agreement”) between you (an individual or entity, referred to hereinafter as “you”) and Seiko Epson Corporation (including its affiliates, “Epson”) for the enclosed software programs, including any related documentation, firmware, or updates (collectively referred to hereinafter as the “Software”). The Software is provided by Epson and its suppliers for use only with the corresponding Epson brand computer peripheral product (the “Epson Hardware”). BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU NEED TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE EPSON PRIVACY POLICY stated in Section 17. If you agree, click on the Agree (“ACCEPT”, “OK” or any similar representation of agreement) button below if any. If you do not agree with the terms and conditions of this Agreement, click on the Disagree (“EXIT”, “Cancel” or any similar representation of disagreement) button if any and return the Software, along with the packaging and related materials, to Epson or the place of purchase for a full refund.
1. Grant of License.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), Epson grants you a limited, nonexclusive license to download, install and use the Software for your personal and internal business use on hard disks or other computer storage devices, or in the case of a software application (also referred to as “Software”), on the smartphone, tablet, or other mobile device (collectively, “Device”), provided that the Software is used (i) only in a single location (e.g., a home or office or place of business), or in the case of a mobile device, on a Device owned or otherwise controlled by you, and (ii) only in connection with Epson Hardware owned by you. You may allow other users of the Epson Hardware connected to your network to use the Software, provided that you shall ensure that such users use the Software only in accordance with this Agreement. You agree to be responsible for and indemnify Epson for liabilities incurred as a consequence of use by such users. You may make backup copies of the Software, as necessary, provided the backup is only used to support your use of the Epson Hardware.
2. Upgrades and Updates.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), if you acquire an upgrade, updated version, modified version, or additions to or for the Software from Epson, the upgrade, updated version, modified version, or addition, shall be included in the defined term Software and governed by this Agreement. You acknowledge that Epson has no obligation to provide you with any Updates (as defined below in this Section 2) to the Software. Epson may, however, from time to time, issue updated versions of the Software and the Software may automatically connect to Epson or third-party servers via the Internet to check for available updates to the Software, such as bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions (collectively, “Updates”) and may either (a) automatically electronically update the version of the Software that you are using on your personal device or (b) give you the option of manually downloading applicable Updates. In case you installed the EPSON Software Updater separately but do not wish to allow Epson to check for available updates to the Software, you may disable this feature by uninstalling EPSON Software Updater. By installing the Software and not disabling any automated check for Updates, if applicable, you hereby agree and consent to automatically request and receive Updates from Epson or third-party servers, and that the terms and conditions of this Agreement shall apply to all of these Updates.
3. Other Rights and Limitations.
You agree not to modify, adapt or translate the Software and further agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not rent, lease, distribute, lend the Software to third parties or incorporate the Software into a revenue generating product or service. You may, however, transfer all of your rights to use the Software to another person or legal entity, provided that the recipient also agrees to the terms of this Agreement and you transfer the Software, including all copies, updates and prior versions, and the Epson Hardware, to such person or entity. The Software is licensed as a single unit, and its component programs may not be separated for some other use. Further, you agree not to place the Software onto or into a shared environment accessible via a public network such as the Internet or otherwise accessible by others outside the single location referred to in Section 1 above.
4. Ownership.
Title, ownership rights, and intellectual property rights in and to the Software shall remain with Epson or its licensors and suppliers. The Software is protected by United States Copyright Law, copyright laws of Japan and international copyright treaties, as well as other intellectual property laws and treaties. There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. Epson and/or its licensors and suppliers reserve all rights not granted. The Software may also contain images, illustrations, designs and photos (“Materials”), and the copyright of such material belongs to Epson and/or its licensors and suppliers, protected by national and/or international intellectual property laws, conventions and treaties. For clarity, (1) the Materials shall be used for non-commercial purposes only, (2) the Materials shall be edited, adjusted and copied only in the manner designated by the Software, and (3) you may use the Materials only for lawful personal use, home use or as otherwise legally permitted.
5. Open Source and Other Third-Party Components.
Notwithstanding the foregoing license grant, you acknowledge that certain components of the Software may be covered by third-party licenses, including so-called “open source” software licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format (such third-party components, “Third-Party Components”). A list of Third-Party Components, and associated license terms (as required), for particular versions of the Software is indicated at https://support.epson.net/terms/, the end of this Agreement, relevant user manual/CD, or the license information displayed on your Device/in Software. To the extent required by the licenses covering Third-Party Components, the terms of such licenses will apply in lieu of the terms of this Agreement. To the extent the terms of the licenses applicable to Third-Party Components prohibit any of the restrictions in this Agreement with respect to such Third-Party Components, such restrictions will not apply to such Third-Party Component.
6. Multiple Versions of Software.
You may receive or obtain the Software in more than one version (e.g. for different operating environments; two or more language translation versions; downloaded from an Epson server or on a CD-ROM), however, regardless of the type or number of copies you receive, you still may use only the media or version appropriate for the license granted in Section 1 above.
7. Disclaimer of Warranty and Remedy.
Subject to Section 25 (which may apply to you if you acquire goods and services from Epson in Australia), if you obtained the Software by media from Epson or a dealer, Epson warrants that the media on which the Software is recorded will be free from defects in workmanship and materials under normal use for a period of 90 days from the date of delivery to you. If the media is returned to Epson or the dealer from which the media was obtained within 90 days of the date of delivery to you, and if Epson determines the media to be defective and provided the media was not subject to misuse, abuse, misapplication or use in defective equipment, Epson will replace the media, upon your return to Epson of the Software, including all copies of any portions thereof. You acknowledge and agree that the use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Epson does not warrant that the operation of the Software will be uninterrupted, error free, free from viruses or other harmful components or vulnerabilities, or that the functions of the Software will meet your needs or requirements. Epson’s sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to either, at Epson’s option, the replacement of the media for the Software or to refund your money upon returning the Software and Epson Hardware. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. If the above remedy fails for any reason, Epson’s entire liability for a breach of warranty shall be limited to a refund of the price paid for the Epson Hardware. Epson is not liable for performance delays or for nonperformance due to causes beyond its reasonable control. This Limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Limitation of Liability.
Subject to Sections 25 and/or 28 (which may apply to you if you acquire goods and services from Epson in Australia), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
9. U.S. Government Acquisition of the Software.
This Section applies to all acquisitions of the Software by or for the U.S. Government (“Government”), or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, “other transaction” (“OT”), or other activity with the Government. By accepting delivery of the Software, the Government, any prime contractor, and any subcontractor agree that the Software qualifies as “commercial” computer software within the meaning of FAR Part 12, paragraph (b) of FAR Subpart 27.405, or DFARS Subpart 227.7202, as applicable, and that no other regulation, or FAR or DFARS data rights clause, applies to the delivery of this Software to the Government. Accordingly, the terms and conditions of this Agreement govern the Government’s (and the prime contractor and subcontractor’s) use and disclosure of the Software, and supersede any conflicting terms and conditions of the contract, grant, cooperative agreement, OT, or other activity pursuant to which the Software is delivered to the Government. If this Software fails to meet the Government’s needs, if this Agreement is inconsistent in any respect with Federal law, or if the above cited FAR and DFARS provisions do not govern, the Government agrees to return the Software, unused, to Epson.
10. Export Restriction.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
11. Entire Agreement.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), this Agreement is the entire agreement between the parties related to the Software and supersedes any purchase order, communication, advertisement, or representation concerning the Software.
12. Binding Agreement; Assignees.
This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives.
13. Severability; Modifications.
If any provision herein is found void or unenforceable by a court of competent jurisdiction (subject to Section 22.8 and 22.9 if you are a located in the U.S.), it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), his Agreement may only be modified in writing signed by an authorized representative of Epson.
14. Indemnification.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), you agree that you will indemnify and hold harmless, and upon Epson’s request, defend Epson and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable attorneys’ fees), actions, suits, and claims arising from (i) any breach of any of your obligations in this Agreement or (ii) any use of the Software or the Epson Hardware. If Epson asks you to defend any such action, suit or claim, Epson will have the right, at its own expense, to participate in the defense thereof with counsel of its choice. You will not settle any third-party claims for which Epson is entitled to indemnification without the prior written approval of Epson.
15. Termination.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), without prejudice to any other rights Epson has, your license rights under Section 1 above and your warranty rights under Section 7 above, shall automatically terminate upon failure by you to comply with this Agreement. Upon termination of such rights, you agree that the Software, and all copies thereof, will be immediately destroyed.
16. Capacity and Authority to Contract.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), you represent that you are of the legal age of majority in your state or jurisdiction of residence and have all necessary authority to enter into this Agreement, including, if applicable, due authorization by your employer to enter into this Agreement.
17. Privacy, Information Processing.
The Software may have the ability to connect over the Internet to transmit data to and from your Device. For example, if you install the Software, the Software may cause your Device to send information about your Epson Hardware such as model and serial number, country identifier, language code, operating system information, and Epson Hardware usage information to an Epson Internet site which may return promotional or service information to your Device for display. Any processing of information provided through the Software, shall be according to applicable data protection laws and the Epson Privacy Policy located at https://global.epson.com/privacy/area_select_confirm_eula.html. To the extent permitted by applicable laws, by agreeing to the terms of this Agreement and by installing the Software, you consent to the processing and storage of your information in and/or outside your country of residence. If there is a specific privacy policy incorporated into the Software and/or displayed when you use the Software (for example, in the case of certain software application software), such specific privacy policy shall prevail over the Epson Privacy Policy stated above. Furthermore, this website uses Google Analytics to gather and analyze your access log to this website and your download. Google Analytics uses "cookies" to collect standard internet log information and visitor behavior information in an anonymous form. You may block a Cookie or set your browser to issue a warning before receiving a Cookie in order to deny acceptance of a Cookie. If you block a Cookie, part(s) of this website and download the Software may become unavailable to you. Access Log is under control of the Google Analytics Terms of Service, you should read it before using this website.
18. Third Party Websites.
You may, through hypertext or other computer links from the Software, gain access to websites and use certain services that are not under the control of or operated by Epson, but rather are controlled by third parties. You acknowledge and agree that Epson is not responsible for such third party sites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. These third party websites/services are subject to different terms and conditions and when you access and use third party websites/services, you will be legally bound by the terms and conditions of those websites/services. The third party websites’/services’ terms and conditions will govern with respect to your access and use of those websites/services. Although Epson may provide a link to a third party website/service from the Software, such a link is not an authorization, endorsement, sponsorship or affiliation by Epson with respect to such website/services, its content, its owners or its providers. Epson provides such links for your reference and convenience only. Accordingly, Epson makes no representations whatsoever concerning such websites/services and does not provide any support related to such third party sites or services. Epson has not tested any information, products or software found on such websites/services and therefore cannot make any representations whatsoever with respect thereto. You agree that Epson is not responsible for the content or operation of such websites/services, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites/services to which you link from this Software.
(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 19-23 APPLY TO YOU)
19. Ink Purchases.
For certain Epson printer products sold in North America, the Software may also display an option to buy ink from Epson. If you click on the buy button, the Software will cause your Device to display Epson Hardware cartridge types and ink levels and provide other information about your cartridges, such as the colors, available cartridge sizes, and prices for replacement ink cartridges, which you may purchase online from Epson.
20. Downloadable Updates.
You may also be able to download from an Epson Internet site updates or upgrades to the Software if such updates or upgrades are made available. If you agree to install the Software, any transmissions to or from the Internet, and data collection and use, will be in accordance with Epson’s then-current Privacy Policy, and by installing the Software you agree that such then-current Privacy Policy shall govern such activities.
21. Epson Accounts and Promotional Messages.
In addition, if you install the Software and register your Epson Hardware with Epson, and/or you create an account at the Epson Store, and provided your consent to such use, you agree that Epson may merge the data collected in connection with installation of the Software, registration of your Epson Hardware and/or creation of your Epson Store account, consisting of personal information and non-personally identifiable information, and use such merged data to send you Epson promotional or service information. If you do not wish to send information about your Epson Hardware or receive promotional or service information, you will be able to disable these features on a Windows system through the Monitoring Preferences section in the driver. On a Mac operating system, you can disable these features by uninstalling the Epson Customer Research Participation and Low Ink Reminder software.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes.
The terms of this Section 22 shall apply to all Disputes between you and Epson. The term “Dispute” is meant to have the broadest meaning permissible under law or in equity and includes any past, present, or future dispute, claim, controversy or action between you and Epson including those that arose before the existence of this or any prior Agreement arising out of or relating to this Agreement (including its formation, performance, or breach), the Software, Epson Hardware, the parties’ relationship with each other and/or any other transaction involving you and Epson, whether in contract, or with respect to warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. However, a “Dispute” does not include a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). A “Dispute” also does not include a request for public injunctive relief. You and Epson agree, consistent with Section 22.6(a), that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim, as well as whether a claim seeks public injunctive relief.
22.2 Initial Dispute Resolution.
Before submitting a claim for arbitration in accordance with this Section 22, you and Epson agree to try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to resolve the Dispute within the sixty (60) days, you or Epson may commence an arbitration in accordance with Section 22.6. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. Any notice sent to you will be sent to the most recent address Epson has in its records for you. For this reason, it is important to notify us if your address changes by emailing us at EAILegal@ea.epson.com or writing us at the address above. You and Epson agree to act in good faith to resolve the Dispute before commencing arbitration in accordance with this Section 22. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of this Agreement and a requirement that must be fulfilled before commencing any arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements regarding compliance with this Section 22.2 shall be decided by a court, not an arbitrator; pending resolution of any such disagreements by a court, which may include requests to compel compliance with this Section 22.2, you and we agree that arbitration (as well as any obligation to pay arbitration fees) shall be stayed until the initial dispute resolution process in Section 22.2 is complete. You and Epson acknowledge that either party’s failure to comply with the provisions of this Section 22.2 would irreparably harm the other, and you and Epson agree that a court may issue an order staying arbitration (and any obligation to pay arbitration fees) until the initial dispute resolution process in this Section 22.2 is complete.
22.3 Binding Arbitration.
If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section 22.2 above, then either party may initiate binding arbitration. Except as stated below in Section 22.4, you and Epson agree that all Disputes shall be resolved by binding arbitration according to this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to this Agreement, and except as stated below in Section 22.6(h), binding arbitration shall be administered by JAMS, a nationally recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its applicable code of procedures then in effect for consumer related disputes, but excluding any rules that permit class arbitration. For more detail on the procedure to initiate arbitration and what your demand for arbitration should include, see Sections 22.6(g) and 22.6(h) below. You and Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section 22, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section 22 shall survive termination of this Agreement.
22.4 Exception - Small Claims Court.
Notwithstanding the parties’ agreement to resolve Disputes through arbitration, either party can elect to have an individual claim resolved in small claims court of your state or municipality if the action is within that court’s jurisdiction, even if the claim was initiated by another party in a different forum.
22.5 WAIVER OF CLASS ACTION AND CLASS ARBITRATION.
YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS action or class arbitration. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 22.3 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
22.6 Arbitration Procedure.
(a)
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except for requests for public injunctive relief, if any, which shall be decided by a court, not an arbitrator. If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in Section 22 of this Agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.
The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, and consistent with Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this Agreement, a court may determine: (i) the limited question of whether a claim or cause of action is for an IP Claim, which is excluded from the definition of “Disputes” in Section 22.1 above; (ii) disagreements regarding compliance with the initial dispute resolution provisions in Section 22.2 above; (iii) disagreements regarding claims for public injunctive relief as set forth in this Section 22.6(a); and/or (iv) disagreements regarding the provisions for “Mass Arbitration” in Section 22.6(h) below.
(b) Costs of Arbitration and Legal Fees.
In some instances, the costs of arbitration can exceed the costs of litigation. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If, however, the arbitrator determines that a claim or defense asserted by you or Epson is patently frivolous or in bad faith, the arbitrator may award the reasonable legal fees and costs incurred by the other party defending against the claim or defense. By way of illustration only, and without limitation, a patently frivolous claim may be found where it is based on a product never purchased by a claimant.
(c) Discovery.
The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration. The right to discovery may be more limited in arbitration than in court.
(d) Awards.
The arbitrator’s award is binding and may be entered as a judgment in any court of competent jurisdiction.
(e) Hearing Format and Location.
You may choose to engage in arbitration hearings by telephone or, if you and we both agree, to conduct it online, in lieu of appearing live. Arbitration hearings not conducted by telephone or online shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.
(f) Settlement Offers.
During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Epson is entitled.
(g) Initiation of Arbitration Proceeding Before JAMS.
Except as stated in Section 22.6(h) below, if you or Epson commences arbitration, the arbitration shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator, which shall be selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. If either you or Epson decides to arbitrate a Dispute before JAMS, both parties agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. The demand also must identify the product purchased, identify the date and place of purchase and, if possible, provide the serial number and proof of purchase. You can find a copy of a demand for arbitration at http://www.jamsadr.com.
(ii) Send three copies of the demand for arbitration, plus the appropriate filing fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send one copy of the demand for arbitration to the other party (at the same address as the notice of a dispute, above in section 22.2), or as otherwise agreed by the parties.
(h) Initiation of Mass Arbitration Before FedArb.
Notwithstanding Sections 22.3 and 22.6(g), if 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration”.
If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party fails or refuses to commence the Mass Arbitration before FedArb, you or Epson may seek an order from a court of competent jurisdiction compelling compliance with this Section 22.6(h) and compelling administration of the Mass Arbitration before FedArb. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Epson acknowledge that either party’s failure to comply with the provisions of this Section 22.6(h) would irreparably harm the other, and you and Epson agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this Section 22.6(h) are resolved by the court.
22.7 30 Day Opt-out Right.
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class proceedings set forth in Sections 22.3 to 22.6 of this Agreement by sending a written letter to the Epson address listed above in Section 22.2 within thirty (30) days of your assent to this Agreement that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class proceedings specified in this Section 22. In the event that you opt-out consistent with the procedure set forth above, all other terms set forth in the Agreement, including this Section 22, shall continue to apply, including the requirement to provide notice prior to litigation. If you opt-out of these arbitration provisions, Epson will also not be bound by them.
22.8 Amendments to Section 22.
Notwithstanding any provision in this Agreement to the contrary, you and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Epson’s address) in this Agreement, Epson will obtain your affirmative assent to the applicable amendment. If you do not affirmatively assent to the applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in accordance with the language of this Section 22 (or resolve disputes as provided for in Section 22, if you timely elected to opt-out) when you first assented to this Agreement.
22.9 Severability.
If any provision in this Section 22 is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class actions as provided in Section 22.5. This means that if Section 22.5 is found to be unenforceable, the entire Section 22 (but only Section 22) shall be null and void.
23. For New Jersey Residents.
NOTWITHSTANDING ANY TERMS SET FORTH IN THIS AGREEMENT, IF ANY OF THE PROVISIONS SET FORTH IN SECTIONS 7 OR 8 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
THE FOLLOWING SECTIONS 24-36 OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 25 AND 28 FOR FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)
24. Definitions.
For the purpose of the following Sections 24-36 of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
25. Acquiring Product as a Consumer.
If you acquire the Software in Australia as a consumer under the Australian Consumer Law, which can include individuals or businesses or other entities of any size, this Agreement is subject to the following Sections 26 and 27.
26. Australian Consumer Law.
Nothing in this Agreement applies where it would exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law if such right or remedy cannot lawfully be excluded, restricted or modified.
Notwithstanding anything to the contrary in this Agreement, if you acquire goods and services from Epson as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any other terms of this Agreement.
The statutory guarantees include (without limitation) the following:
Goods must be of acceptable quality. This means they must:
-be safe;
-be free from defects;
-be acceptable in appearance and finish;
-do all the things someone would normally expect them to do;
-match any demonstration model or sample;
-be fit for the purpose which Epson has represented to you it would be fit for;
-match the description of the goods given by Epson; and
-meet any express warranty given by Epson to you at the time of your purchase about their performance, condition and quality.
Services provided by Epson must:
-be provided with due care and skill or technical knowledge;
-be fit for the purpose or give the results that have been agreed to; and
-be delivered within a reasonable time when there is no agreed end date.
To the extent that Epson fails to comply with a consumer guarantee applicable to you under the Australian Consumer Law you are entitled to the remedies as set out in the Australian Consumer Law.
27. Disclaimer of Warranty and Remedy.
Section 7 will not apply to you. The following section will apply instead:
EPSON GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR MODIFIES WARRANTIES, GUARANTEES OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW: (1) THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND; (2) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE; (3) Epson does not warrant that the operation of the Software will be uninterrupted, error free, free from viruses or other harmful components or vulnerabilities, or that the functions of the Software will meet your needs or requirements; (4) Epson is not liable for performance delays or for non-performance due to causes beyond its reasonable control; and (5) EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
28. Acquiring Product under a Consumer or Small Business Contract.
If:
(a) you are an individual and you acquire the Software wholly or predominantly for personal, domestic or household use or consumption; or
(b) this agreement constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),
then the following Sections 29 - 36 will apply to you.
29. Limitation of Liability.
Section 8 will not apply to you. The following section will apply instead of:
Subject to Section 25, IN NO EVENT WILL A PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, EVEN IF THAT PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
30. Grant of License.
The obligation to indemnify Epson set out in Section 1 (Grant of License) does not apply to you. You acknowledge and agree that you are responsible and liable for any act and omission of other users you allow to use the Software as though it were an act or omission by you.
31. Upgrades and Updates.
Where Epson automatically updates the Software under Section 2 (Upgrades and Updates), you may terminate this Agreement in writing with no further liability to Epson if a material feature of the Software is changed, discontinued or removed (as a result of the bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions) from the Software and you can demonstrate that this has more than a minor detrimental impact on you.
32. Entire Agreement.
Section 11 (Entire Agreement) will not apply to you.
33. Severability; Modifications.
This Agreement may only be modified if, in addition to being modified in writing signed by, or by an authorized representative of, Epson, it is also modified in writing signed by, or by an authorized representative of, you.
34. Indemnification.
Section 14 (Indemnification) will not apply to you.
35. Termination.
Section 15 (Termination) will not apply to you. The following section will apply instead:
Without prejudice to any other rights of the parties, each party may terminate this Agreement, effective on notice to the other party, if the other party fails to comply with this Agreement. Upon termination, you must cease using the Software, and all copies thereof, must be immediately destroyed.
36. Capacity and Authority to Contract.
In addition to the representation made by you in Section 16 (Capacity and Authority to Contract), Epson represents that it has all necessary authority to enter into this Agreement.
2023
Eclipse Foundation Quality Verification Suite License - V 1.0
Redistribution and use of the Quality Verification Suite accompanying this license (the "QVS") in binary form is permitted subject to the following rules and conditions:
Use of the QVS and its documentation is permitted by Eclipse solely for the purpose of testing an implementation (the "Product") to determine if it meets the requirements of a quality verification suite (the "Suite") made available by Eclipse.
No modifications to the QVS in binary form are permitted, except as expressly permitted by the QVS and its documentation. The source code for the QVS accompanying this license is available from Eclipse under separate terms.
Redistribution of the QVS in binary form must be accompanied with, and be made pursuant to the terms of this Eclipse Foundation Quality Verification Suite License and must include the text of this License in whole, including the copyright notice above, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution.
A Product will be deemed to be "verified" by the QVS if it fully and completely meets and satisfies all requirements of the QVS.
Before any claim of quality verification (or any other claim suggesting quality verification) is made based on the QVS, the testing party must:
use the QVS to determine that the Product fully and completely meets and satisfies all requirements of the QVS; and
make QVS test results showing full and complete satisfaction of all requirements of the QVS publicly available on the testing party's website and send a link to such test results to Eclipse at qvs@eclipse.org.
The QVS test results must be continuously available on the testing party's website for at least as long as the testing party makes any representation or claim that the Product has been quality verified by the QVS.
The QVS may not be used as a basis for any statements of partial verification. The QVS may only be used as a basis for true, factual statements of full quality verification of Products that fully meet and satisfy all requirements of the QVS.
Nothing in this license is intended to grant any license to use any of the names, marks or logos associated with the QVS, Eclipse, or Eclipse's contributors or licensors. No such name, mark or logo may be used to endorse or promote products tested with the QVS, unless with the specific prior written permission of the rightholders. Nor may any such name, mark or logo be used in connection with any verification of a Product except as permitted in the QVS Guidelines (https://adoptium.net/qvs-policy). A determination that a Product has been quality verified by the QVS does not, in itself, give rise to the right to use any such name, mark or logo. Any use of any Eclipse Foundation names, marks, or logos must be in accordance with our Trademark Usage Policy.
Upon the request of Eclipse, any user of the QVS will remove and delete any statements of quality verification (or any other claim suggesting quality verification) which Eclipse reasonably determines to be false or misleading or in violation of the terms of this license.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COPYRIGHT OWNER OR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Permission to use, copy, modify, and distribute this document for any purpose
and without any fee is hereby granted, provided that the above copyright notice
and this list of conditions appear in all copies.
If you modify this Program, or any covered work, by linking or
combining it with runtime libraries of Erlang/OTP as released by
Ericsson on https://www.erlang.org (or a modified version of these
libraries), containing parts covered by the terms of the Erlang Public
License (https://www.erlang.org/EPLICENSE), the licensors of this
Program grant you additional permission to convey the resulting work
without the need to license the runtime libraries of Erlang/OTP under
the GNU Affero General Public License. Corresponding Source for a
non-source form of such a combination shall include the source code
for the parts of the runtime libraries of Erlang/OTP used as well as
that of the covered work.
ERLANG PUBLIC LICENSE
Version 1.1
1. Definitions.
1.1. ``Contributor'' means each entity that creates or contributes to
the creation of Modifications.
1.2. ``Contributor Version'' means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. ``Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. ``Executable'' means Covered Code in any form other than Source
Code.
1.6. ``Initial Developer'' means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. ``Larger Work'' means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. ``License'' means this document.
1.9. ``Modifications'' means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. ``Original Code'' means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.11. ``Source Code'' means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source
code differential comparisons against either the Original Code or
another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is
widely available for no charge.
1.12. ``You'' means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License. For legal
entities,``You'' includes any entity which controls, is controlled by,
or is under common control with You. For purposes of this definition,
``control'' means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (b) ownership of fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or without
Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial
Developer, to make, have made, use and sell (``Utilize'') the
Original Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable You to Utilize
the Original Code (or portions thereof) and not to any greater
extent that may be necessary to Utilize further Modifications or
combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor,
to Utilize the Contributor Version (or portions thereof), but
solely to the extent that any such patent is reasonably necessary
to enable You to Utilize the Contributor Version (or portions
thereof), and not to any greater extent that may be necessary to
Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You contribute are governed by the terms of
this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms
of this License, and You must include a copy of this License with
every copy of the Source Code You distribute. You may not offer or
impose any terms on any Source Code version that alters or restricts
the applicable version of this License or the recipients' rights
hereunder. However, You may include an additional document offering
the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You contribute must be made available in Source
Code form under the terms of this License either on the same media as
an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available;
and if made available via Electronic Distribution Mechanism, must
remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a
subsequent version of that particular Modification has been made
available to such recipients. You are responsible for ensuring that
the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property
right in particular functionality or code (or its utilization
under this License), you must include a text file with the source
code distribution titled ``LEGAL'' which describes the claim and
the party making the claim in sufficient detail that a recipient
will know whom to contact. If you obtain such knowledge after You
make Your Modification available as described in Section 3.2, You
shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated to
inform those who received the Covered Code that new knowledge has
been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in the
LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code, and this License in any documentation for the Source Code, where
You describe recipients' rights relating to Covered Code. If You
created one or more Modification(s), You may add your name as a
Contributor to the notice described in Exhibit A. If it is not
possible to put such notice in a particular Source Code file due to
its structure, then you must include such notice in a location (such
as a relevant directory file) where a user would be likely to look for
such a notice. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any
Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or
such Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code under a license of Your choice, which may contain terms different
from this License, provided that You are in compliance with the terms
of this License and that the license for the Executable version does
not attempt to limit or alter the recipient's rights in the Source
Code version from the rights set forth in this License. If You
distribute the Executable version under a different license You must
make it absolutely clear that any terms which differ from this License
are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial Developer
or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute
or regulation then You must: (a) comply with the terms of this License
to the maximum extent possible; and (b) describe the limitations and
the code they affect. Such description must be included in the LEGAL
file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed
for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A, and to related Covered Code.
6. CONNECTION TO MOZILLA PUBLIC LICENSE
This Erlang License is a derivative work of the Mozilla Public
License, Version 1.0. It contains terms which differ from the Mozilla
Public License, Version 1.0.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
9. DISCLAIMER OF LIABILITY
Any utilization of Covered Code shall not cause the Initial Developer
or any Contributor to be liable for any damages (neither direct nor
indirect).
10. MISCELLANEOUS
This License represents the complete agreement concerning the subject
matter hereof. If any provision is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be construed by and in accordance with
the substantive laws of Sweden. Any dispute, controversy or claim
arising out of or relating to this License, or the breach, termination
or invalidity thereof, shall be subject to the exclusive jurisdiction
of Swedish courts, with the Stockholm City Court as the first
instance.
EXHIBIT A.
``The contents of this file are subject to the Erlang Public License,
Version 1.1, (the "License"); you may not use this file except in
compliance with the License. You should have received a copy of the
Erlang Public License along with this software. If not, it can be
retrieved via the world wide web at http://www.erlang.org/.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and limitations
under the License.
The Initial Developer of the Original Code is Ericsson Utvecklings AB.
Portions created by Ericsson are Copyright 1999, Ericsson Utvecklings
AB. All Rights Reserved.''
As a special exception, the copyright holders of Errbot hereby grant permission
for plug-ins, scripts or add-ons not bundled or distributed as part
of Errbot itself and potentially licensed under a different license, to be
used with Errbot, provided that you also meet the terms and conditions of the
licenses of those plug-ins, scripts or add-ons.
Copyright 2006 ESRI
All rights reserved under the copyright laws of the United States
and applicable international laws, treaties, and conventions.
You may freely redistribute and use this sample code, with or
without modification, provided you include the original copyright
notice and use restrictions.
See use restrictions at /arcgis/developerkit/userestrictions.
IMPORTANT—READ CAREFULLY
Unless superseded by a signed license agreement between you and Esri, Esri is willing to license Products to you only if you accept all terms and conditions contained in this License Agreement. Please read the terms and conditions carefully. You may not use the Products until you have agreed to the terms and conditions of the License Agreement. If you do not agree to the terms and conditions as stated, click "I do not accept the license agreement" below; you may then request a refund of applicable fees paid.
LICENSE AGREEMENT
(E204 06/13/2014)
This License Agreement is between you ("Licensee") and Environmental Systems Research Institute, Inc. ("Esri"), a California corporation with a place of business at 380 New York Street, Redlands, California 92373-8100 USA.
GENERAL LICENSE TERMS AND CONDITIONS
ARTICLE 1—DEFINITIONS
Definitions. The terms used are defined as follows:
a. "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, token, account user name and password, or other mechanism required for use of a Product.
b. "Beta" means any alpha, beta, or prerelease Product.
c. "Commercial Application Service Provider Use" or "Commercial ASP Use" means generating revenue by providing access to Software or Online Services through a Value-Added Application, for example, by charging a subscription fee, service fee, or any other form of transaction fee or by generating more than incidental advertising revenue.
d. "Content" has the meaning provided in Addendum 3.
e. "Data" means any Esri or third-party digital dataset(s) including, but not limited to, geographic vector data, raster data reports, or associated tabular attributes, whether bundled with Software and Online Services or delivered independently.
f. "Deployment License" means a license that allows Licensee to sublicense select Software and associated Authorization Codes to third parties.
g. "Documentation" means all user reference documentation that is delivered with the Software.
h. "Online Services" means any Internet-based geospatial system, including applications and associated APIs, but excluding Data or Content, hosted by Esri or its licensors, for storing, managing, publishing, and using maps, data, and other information.
i. "Ordering Document(s)" means a sales quotation, purchase order, or other document identifying the Products that Licensee orders.
j. "Perpetual License" means a license to use a version of a Product for which applicable license fees have been paid, indefinitely, unless terminated by Esri or Licensee as authorized under this Agreement.
k. "Product(s)" means Software, Data, Online Services, and Documentation licensed under the terms of this License Agreement.
l. "Sample(s)" means sample code, sample applications, add-ons, or sample extensions of Products.
m. "Service Credit(s)" means a unit of exchange that is allocated with an Online Services subscription in an amount specified in the Ordering Document. Each Service Credit entitles Licensee to consume a set amount of Online Services, the amount varying depending on the Online Services being consumed. As Online Services are consumed, Service Credits are automatically debited from Licensee's account, up to the maximum number of Service Credits available. Additional Service Credits can be purchased as described in Addendum 3 (also available at http://www.esri.com/legal).
n. "Software" means all or any portion of Esri's proprietary software technology, excluding Data, accessed or downloaded from an Esri-authorized website or delivered on any media in any format including backups, updates, service packs, patches, hot fixes, or permitted merged copies.
o. "Term License" means a license or access provided for use of a Product for a limited time period ("Term") or on a subscription or transaction basis.
p. "Value-Added Application" means an application developed by Licensee for use in conjunction with the authorized use of any Software, Data, or Online Services.
ARTICLE 2—INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP
Products are licensed, not sold. Esri and its licensors own Products and all copies, which are protected by United States and applicable international laws, treaties, and conventions regarding intellectual property and proprietary rights including trade secrets. Licensee agrees to use reasonable means to protect Products from unauthorized use, reproduction, distribution, or publication. Esri and its third-party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve Products.
ARTICLE 3—GRANT OF LICENSE
3.1 Grant of License. Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use the Products as set forth in the applicable Ordering Documents (i) for which the applicable license fees have been paid; (ii) in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor; and (iii) for the applicable Term or, if no Term is applicable or identified, until terminated in accordance with Article 5. In addition to the Scope of Use in Article 4, Exhibit 1—Scope of Use (E300) applies to specific Products. Addendum 1, Addendum 2, Addendum 3, and Addendum 4 collectively comprise Exhibit 1—Scope of Use (E300) and are also available at http://www.esri.com/legal/software-license. Addendums only apply to Products specifically identified within an Addendum. Exhibit 1—Scope of Use (E300) includes Addendums for the following Product types, which are incorporated by reference:
a. Software. Terms of use for specific Software products are set forth in Addendum 1.
b. Data. Data terms of use are set forth in Addendum 2.
c. Online Services. Terms of use for Online Services are set forth in Addendum 3.
d. Limited Use Programs. Terms of use for noncommercial, nonprofit, educational, or other limited-use programs are set forth in Addendum 4.
3.2 Evaluation and Beta Licenses. Products acquired under an evaluation license or under a Beta program are intended for evaluation and testing purposes only and not for commercial use. Any such use is at Licensee's own risk, and the Products do not qualify for Esri or distributor maintenance.
ARTICLE 4—SCOPE OF USE
4.1 Permitted Uses
a. For Products delivered to Licensee, Licensee may
1. Install and store Products on electronic storage device(s);
2. Make archival copies and routine computer backups;
3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed six (6) months, provided that the deployment of either version does not exceed Licensee's licensed quantity; thereafter, Licensee shall not use more Software in the aggregate than Licensee's total licensed quantity;
4. Move the Software in the licensed configuration to a replacement computer; and
5. Distribute to third parties Software and any associated Authorization Codes required for use of a Deployment License.
b. Commercial Application Service Provider Use. Licensee may use the Product for Commercial ASP Use provided that Licensee (i) acquires a Commercial ASP Use license, or (ii) is a governmental or not-for-profit organization that operates a website or offers an Internet service on a cost recovery basis and not for profit.
c. Licensee may customize Software using any (i) macro or scripting language, (ii) published application programming interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in Documentation.
d. Licensee may use, copy, or prepare derivative works of Documentation supplied in digital format and thereafter reproduce, display, and distribute the customized documentation only for Licensee's own internal use. Portions of Documentation supplied in digital format merged with other software and printed or digital documentation are subject to this License Agreement. Licensee shall include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors: "Portions of this document include intellectual property of Esri and its licensors and are used herein under license. Copyright © [Licensee will insert the actual copyright date(s) from the source materials] Esri and its licensors. All rights reserved."
e. Font Components. All fonts provided with a Product may be used with the authorized use of any Products. Esri fonts may also be separately used to print any output created by Products. Additional use restrictions for third-party fonts included with a Product are set forth in the font file itself.
f. Consultant or Contractor Access. Subject to Section 3.1, Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee shall be solely responsible for compliance by consultants and contractors with this License Agreement and shall ensure that the consultant or contractor discontinues Product use upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited.
g. Licensee may use, copy, reproduce, publish, publicly display, or redistribute map images and reports containing map images derived from the use of Esri Product(s) in hard copy or static, electronic formats (e.g., PDF, GIF, JPEG) to third parties subject to restrictions set forth in this License Agreement, provided that Licensee affixes an attribution statement to the map images acknowledging Esri and/or its applicable licensor(s) as the source of the portion(s) of the Data used for the map images. For avoidance of doubt, any data that is supplied or used by Licensee in its use of the Product(s) that is not Data shall be and remain the property of Licensee or its third-party licensor(s).
4.2 Uses Not Permitted. Except to the extent that applicable law prohibits or overrides these restrictions, or as provided herein, Licensee shall not
a. Sell, rent, lease, sublicense, lend, time-share, assign, or use Products for Commercial ASP Use or service bureau purposes;
b. Provide third parties with direct access to Products so that the third parties may use the Product directly, develop their own GIS applications, or create their own solutions in conjunction with the Product;
c. Distribute Software, Data, or Online Services to third parties, in whole or in part, including, but not limited to, extensions, components, or DLLs;
d. Distribute Authorization Codes to third parties;
e. Reverse engineer, decompile, or disassemble Products;
f. Make any attempt to circumvent the technological measure(s) that controls access to or use of Products;
g. Store, cache, use, upload, distribute, or sublicense Content or otherwise use Products in violation of Esri's or a third party's rights, including intellectual property rights, privacy rights, nondiscrimination laws, or any other applicable law or government regulation;
h. Remove or obscure any Esri (or its licensors') patent, copyright, trademark, proprietary rights notices, and/or legends contained in or affixed to any Product, Product output, metadata file, or online and/or hard-copy attribution page of any Data or Documentation delivered hereunder;
i. Unbundle or independently use individual or component parts of Software, Online Services, or Data;
j. Incorporate any portion of the Product into a product or service that competes with any Product;
k. Publish or in any other way communicate the results of benchmark tests run on Beta without the prior written permission of Esri and its licensors; or
l. Use, incorporate, modify, distribute, provide access to, or combine any computer code provided with any Product in a manner that would subject such code or any part of the Product to open source license terms, which includes any license terms that require computer code to be (i) disclosed in source code form to third parties, (ii) licensed to third parties for the purpose of making derivative works, or (iii) redistributable to third parties at no charge.
ARTICLE 5—TERM AND TERMINATION
This License Agreement is effective upon acceptance. Licensee may terminate this License Agreement or any Product license at any time upon written notice to Esri. Either party may terminate this License Agreement or any license for a material breach that is not cured within thirty (30) days of written notice to the breaching party, except that termination is immediate for a material breach that is impossible to cure. Upon termination of the License Agreement, all licenses granted hereunder terminate as well. Upon termination of a license or the License Agreement, Licensee will (i) stop accessing and using affected Product(s); (ii) clear any client-side data cache derived from Online Services; and (iii) uninstall, remove, and destroy all copies of affected Product(s) in Licensee's possession or control, including any modified or merged portions thereof, in any form, and execute and deliver evidence of such actions to Esri or its authorized distributor.
ARTICLE 6—LIMITED WARRANTIES AND DISCLAIMERS
6.1 Limited Warranties. Except as otherwise provided in this Article 6, Esri warrants for a period of ninety (90) days from the date Esri issues the Authorization Code enabling use of Software and Online Services that (i) the unmodified Software and Online Services will substantially conform to the published Documentation under normal use and service and (ii) media on which Software is provided will be free from defects in materials and workmanship.
6.2 Special Disclaimer. CONTENT, DATA, SAMPLES, HOT FIXES, PATCHES, UPDATES, ONLINE SERVICES PROVIDED ON A NO-FEE BASIS, AND EVALUATION AND BETA SOFTWARE ARE DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND.
6.3 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (ii) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (iii) NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF ONLINE SERVICES.
6.4 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ESRI DOES NOT WARRANT THAT PRODUCTS WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT-TOLERANT, OR FAIL-SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. LICENSEE SHOULD NOT FOLLOW ANY ROUTE SUGGESTIONS THAT APPEAR TO BE HAZARDOUS, UNSAFE, OR ILLEGAL. ANY SUCH USES SHALL BE AT LICENSEE'S OWN RISK AND COST.
6.5 Exclusive Remedy. Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in this Article 6 shall be limited, at Esri's sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a workaround for Software or Online Services subject to the Esri Maintenance Program or Licensee's authorized distributor's maintenance program, as applicable; or (iii) return of the license fees paid by Licensee for Software or Online Services that do not meet Esri's limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of Software or Documentation; ceases using Online Services; and executes and delivers evidence of such actions to Esri or its authorized distributor.
ARTICLE 7—LIMITATION OF LIABILITY
7.1 Disclaimer of Certain Types of Liability. ESRI, ITS AUTHORIZED DISTRIBUTOR, AND ITS LICENSORS SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, WHETHER OR NOT ESRI, ITS AUTHORIZED DISTRIBUTOR, OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7.2 General Limitation of Liability. EXCEPT AS PROVIDED IN ARTICLE 8—INFRINGEMENT INDEMNITY, THE TOTAL CUMULATIVE LIABILITY OF ESRI AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE PRODUCTS THAT GIVE RISE TO THE CAUSE OF ACTION.
7.3 Applicability of Disclaimers and Limitations. The limitations of liability and disclaimers set forth in this License Agreement will apply regardless of whether Licensee has accepted Products or any other product or service delivered by Esri or its authorized distributor. The parties agree that Esri or its authorized distributor has set its fees and entered into this License Agreement in reliance on the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE FOREGOING WARRANTIES, LIMITATIONS, AND EXCLUSIONS MAY NOT BE VALID IN SOME JURISDICTIONS AND APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT MAY NOT BE WAIVED OR DISCLAIMED. ESRI DOES NOT SEEK TO LIMIT LICENSEE'S WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
ARTICLE 8—INFRINGEMENT INDEMNITY
8.1 Esri shall defend, indemnify as described below, and hold Licensee harmless from and against any loss, liability, cost, or expense, including reasonable attorneys' fees, arising out of any claims, actions, or demands by a third party alleging that Licensee's licensed use of Software or Online Services infringe a US patent, copyright, or trademark, provided
a. Licensee promptly notifies Esri in writing of the claim;
b. Licensee provides documents describing the allegations of infringement;
c. Esri has sole control of the defense of any action and negotiation related to the defense or settlement of any claim; and
d. Licensee reasonably cooperates in the defense of the claim at Esri's request and expense.
8.2 If Software or Online Services are found to infringe a US patent, copyright, or trademark, Esri, at its own expense, may either (i) obtain rights for Licensee to continue using the Software or Online Services or (ii) modify the allegedly infringing elements of Software or Online Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, the license shall terminate, and Licensee shall cease accessing infringing Online Services and shall uninstall and return to Esri or its authorized distributor any infringing item(s). Esri's entire liability shall then be to indemnify Licensee pursuant to Section 8.1 and (i) refund the Perpetual License fees paid by Licensee to Esri or its authorized distributor for the infringing items, prorated on a five (5)-year, straight-line depreciation basis beginning from the initial date of delivery, and (ii) for Term Licenses and maintenance, refund the unused portion of the fees paid.
8.3 Esri shall have no obligation to defend Licensee or to pay any resultant costs, damages, or attorneys' fees for any claims or demands alleging direct or contributory infringement to the extent arising out of (i) the combination or integration of Software or Online Services with a product, process, or system not supplied by Esri or specified by Esri in its Documentation; (ii) material alteration of Software or Online Services by anyone other than Esri or its subcontractors; or (iii) use of Software or Online Services after modifications have been provided by Esri for avoiding infringement or use after a return is ordered by Esri under Section 8.2.
8.4 THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI AND ITS AUTHORIZED DISTRIBUTOR WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
ARTICLE 9—GENERAL PROVISIONS
9.1 Future Updates. Use of Products licensed under this License Agreement is covered by the terms and conditions contained herein. New or updated Products may require additional or revised terms of use under the then-current Esri License Agreement. Esri will make new or revised terms of use available at http://www.esri.com/legal/software-license or provide notice of new or revised terms to Licensee.
9.2 Export Control Regulations. Licensee expressly acknowledges and agrees that Licensee shall not export, reexport, import, transfer, release, or provide access to Products, Content, Licensee's Content, or Value-Added Applications to (i) any US embargoed country; (ii) any person on the US Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the US Commerce Department's Denied Persons List, Entity List, or Unverified List; or (iv) any person or entity or into any country where such export, reexport, access, or import violates any US, local, or other applicable import/export control laws or regulations including, but not limited to, the terms of any import/export license or license exemption and any amendments and supplemental additions to those import/export laws as they may occur from time to time.
9.3 Taxes and Fees, Shipping Charges. License fees quoted to Licensee are exclusive of any and all applicable taxes or fees, including, but not limited to, sales tax, use tax, value-added tax (VAT), customs, duties, or tariffs, and shipping and handling charges.
9.4 No Implied Waivers. The failure of either party to enforce any provision of this License Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.
9.5 Severability. The parties agree that if any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.
9.6 Successor and Assigns. Licensee shall not assign, sublicense, or transfer Licensee's rights or delegate Licensee's obligations under this License Agreement without Esri's and its authorized distributor's prior written consent, and any attempt to do so without consent shall be void. This License Agreement shall be binding on the respective successors and assigns of the parties to this License Agreement. Notwithstanding, a government contractor under contract to the government to deliver Products may assign this License Agreement and Products acquired for delivery to its government customer upon written notice to Esri, provided the government customer assents to the terms of this License Agreement.
9.7 Survival of Terms. The provisions of Articles 2, 5, 6, 7, 8, and 9 of this License Agreement shall survive the expiration or termination of this License Agreement.
9.8 Equitable Relief. Licensee agrees that any breach of this License Agreement by Licensee may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Esri or its authorized distributor shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or proving injury as a condition for relief.
9.9 US Government Licensee. The Products are commercial items, developed at private expense, provided to Licensee under this License Agreement. If Licensee is a US government entity or US government contractor, Esri licenses Products to Licensee in accordance with this License Agreement under FAR Subparts 12.211/12.212 or DFARS Subpart 227.7202. Esri Data and Online Services are licensed under the same DFARS Subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS. Products are subject to restrictions, and this License Agreement strictly governs Licensee's use, modification, performance, reproduction, release, display, or disclosure of Products. License provisions that are inconsistent with federal law will not apply. A US government Licensee may transfer Software to any of its facilities to which it transfers the computer(s) on which such Software is installed. If any court, arbitrator, or board holds that Licensee has greater rights to any portion of Products under applicable public procurement law, such rights shall extend only to the portions affected.
9.10 Governing Law, Arbitration
a. Licensees in the United States of America, Its Territories, and Outlying Areas. This License Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles, except that US federal law shall govern in matters of intellectual property and for US government agency use. Except as provided in Section 9.8, any dispute arising out of or relating to this License Agreement or the breach thereof that cannot be settled through negotiation shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction. If Licensee is a US government agency, this License Agreement is subject to the Contract Disputes Act of 1978, as amended (41 USC 601–613), in lieu of the arbitration provisions of this clause. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
b. All Other Licensees. Except as provided in Section 9.8, any dispute arising out of or relating to this License Agreement or the breach thereof that cannot be settled through negotiation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one (1) arbitrator appointed in accordance with said rules. The language of the arbitration shall be English. The place of the arbitration shall be at an agreed-upon location. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Either party shall, at the request of the other, make available documents or witnesses relevant to the major aspects of the dispute.
9.11 Maintenance. Maintenance for qualifying Products consists of updates and other benefits, such as access to technical support, specified in Esri's or its distributor's current applicable maintenance policy.
9.12 Feedback. Esri may freely use any feedback, suggestions, or requests for Product improvements that Licensee provides to Esri.
9.13 Patents. Licensee may not seek, and may not permit any other user to seek, a patent or similar right worldwide that is based on or incorporates any Esri technology or services. This express prohibition on patenting shall not apply to Licensee's software and technology except to the extent that Esri technology or services, or any portion thereof, are a part of any claim or preferred embodiment in a patent application or a similar application.
9.14 Entire Agreement. This License Agreement, including its incorporated documents, constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous license agreements, understandings, and arrangements between the parties relating to such subject matter. Additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documents exchanged during the ordering process, other than product descriptions, quantities, pricing, and delivery instructions, are void and of no effect. Any modification(s) or amendment(s) to this License Agreement must be in writing and signed by each party.
EXHIBIT 1
SCOPE OF USE
(E300 02/25/2015)
ADDENDUM 1
SOFTWARE TERMS OF USE
(E300-1)
This Software Terms of Use Addendum ("Addendum 1") sets forth the terms of Licensee's use of Software and includes the Licensee's existing master license agreement, if any, or the License Agreement found at http://www.esri.com/legal/software-license (as applicable, the "License Agreement"), which is incorporated by reference. This Addendum 1 takes precedence over conflicting General License Terms and Conditions of the License Agreement.
SECTION 1—DEFINITIONS
Software may be offered under the following license types as set forth in the applicable sales quotation, purchase order, or other document identifying the Products that Licensee orders:
1. "Concurrent Use License" means a license to install and use the Product on computer(s) on a network, but the number of simultaneous users may not exceed the number of licenses acquired. A Concurrent Use License includes the right to run passive failover instances of Concurrent Use License management software in a separate operating system environment for temporary failover support.
2. "Deployment Server License" means a full use license that authorizes Licensee to install and use the Software for all uses permitted in the License Agreement and as described in the Documentation.
3. "Development Server License" means a license that authorizes Licensee to install and use the Software to build and test Value-Added Applications as described in the Documentation.
4. "Esri Client Software" means ArcGIS Runtime apps, ArcGIS for Desktop, and ArcGIS API for Flex apps.
5. "Esri Content Package" means a digital file containing ArcGIS Online basemap content (e.g., raster map tiles, images, vector data) extracted from the ArcGIS Online Basemap Services.
6. "Single Use License" means a license that allows Licensee to permit a single authorized end user to install and use the Product on a single computer for use by that end user on the computer on which the Product is installed. Licensee may permit the single authorized end user to install a second copy for end user's exclusive use on a second computer as long as only one (1) copy of Product is in use at any time. No other end user may use Product under the same license at the same time for any other purpose.
7. "Staging Server License" means a license that authorizes Licensee to install and use the Software for the following purposes: building and testing Value-Added Applications and map caches; conducting user acceptance testing, performance testing, and load testing of other third-party software; staging new commercial data updates; and training activities as described in the Documentation. Value-Added Applications and map caches can be used with Development and Deployment Servers.
8. "Term License" means a license or access provided for use of a Product for a limited time period ("Term") or on a subscription or transaction basis.
9. "Perpetual License" means a license to use a version of the Product, for which applicable license fees have been paid, indefinitely, unless terminated by Esri or Licensee as authorized under this Agreement.
SECTION 2—TERMS OF USE FOR SPECIFIC SOFTWARE
The following table is a list of Esri Products that have specific terms of use in addition to the general terms of use as set forth in the General License Terms and Conditions of the License Agreement. Additional terms of use are listed immediately below this table and are referenced by number(s), shown in parentheses, immediately following each Product name in the following table (in some cases, the additional terms of use referenced may be found in a separate Addendum, as noted):
Desktop Products
▪ ArcGIS for Desktop (Advanced, Standard, or Basic) (26; Addendum 2, Note 1; Addendum 2, Note 6)
▪ ArcGIS Explorer Desktop (20; Addendum 2, Note 1)
▪ ArcGIS for AutoCAD (20)
▪ ArcPad (12; 13; Addendum 2, Note 1; Addendum 2, Note 2)
▪ ArcReader (20; Addendum 2, Note 1)
▪ Esri Business Analyst (Addendum 2, Note 1; Addendum 2, Note 4)
▪ ArcGIS for Windows Mobile (15; 54; Addendum 2, Note 1)
▪ ArcGIS for iOS; ArcGIS for Windows Phone; ArcGIS for Android (Addendum 2, Note 1)
Server Products
▪ ArcGIS for Server
– Workgroup (28; 29; 30; 32; 38; 39; Addendum 2, Note 1; Addendum 2, Note 6)
– Enterprise (31; 38; 39; Addendum 2, Note 1; Addendum 2, Note 6)
– with Virtual Cloud Infrastructure (10; Addendum 3—Common Terms)
▪ ArcGIS for Server Extension
– ArcGIS for INSPIRE (Addendum 2, Note 1)
▪ Esri Business Analyst for Server
– Workgroup (28; 29; 30; 31; 39; Addendum 2, Note 1; Addendum 2, Note 4)
– Enterprise (31; 39; Addendum 2, Note 1; Addendum 2, Note 4)
▪ Portal for ArcGIS (31; Addendum 2, Note 1)
▪ Esri Tracking Server (31)
Developer Tools
▪ ArcGIS Runtime SDK for Android, iOS, Java, Mac OS X, Microsoft .NET Framework (Windows [desktop], Windows Phone, Windows Store), Qt, or WPF (16; 19; Addendum 2, Note 1)
▪ ArcGIS Runtime Standard Level for Android, iOS, Java, Mac OS X, Microsoft .NET Framework (Windows [desktop], Windows Phone, Windows Store), Qt, or WPF (15; 18; Addendum 2, Note 1)
▪ ArcGIS Engine Developer Kit and Extensions (16, 19; 22, 26)
▪ ArcGIS Engine for Windows/Linux and Extensions (15; 22; 26; Addendum 2, Note 1; Addendum 2, Note 6)
▪ ArcGIS Web Mapping (including ArcGIS API for JavaScript/HTML5, ArcGIS API for Flex, ArcGIS API for Microsoft Silverlight) (15; 16; 64; 66; Addendum 2, Note 1)
▪ Esri Business Analyst Server Developer (Addendum 2, Note 1; Addendum 2, Note 4)
▪ Esri Developer Network (EDN) Software and Data (24; 26; Addendum 2, Note 6)
▪ Esri File Geodatabase API (47)
Bundled Products
▪ ArcGIS for Transportation Analytics (1; Addendum 2, Note 1; Addendum 2, Note 2; Addendum 2, Note 11)
Notes:
▪ If you do not license any of the Products in the table above, these additional terms of use do not apply to you.
▪ Additional terms of use for Products ONLY APPLY to the Products that reference them by number in the table above.
▪ Unless otherwise noted in the applicable Ordering Document, extensions to Software follow the same scope of use as that granted for the corresponding Software.
Additional Terms of Use for Products listed above:
1. Licensee may use the Software, Data, and Online Services included in ArcGIS for Transportation Analytics solely for direct support of fleet operations. No other use of ArcGIS for Transportation Analytics or the individual components that are part of ArcGIS for Transportation Analytics is permitted. This restriction does not apply to the ArcGIS Online for Organizations account included with ArcGIS for Transportation Analytics. The ArcGIS Online for Organizations account can be used for any purpose subject to the terms of this License Agreement.
2–9. Reserved.
10. Licensee will provide information or other materials related to its content (including copies of any client-side applications) as reasonably requested to verify Licensee's compliance with this License Agreement. Esri may monitor the external interfaces (e.g., ports) of Licensee's content to verify Licensee's compliance with this License Agreement. Licensee will not block or interfere with such monitoring, but Licensee may use encryption technology or firewalls to help keep its content confidential. Licensee will reasonably cooperate with Esri to identify the source of any problem with the ArcGIS for Server with Virtual Cloud Infrastructure services that may reasonably be attributed to Licensee's content or any end-user materials that Licensee controls.
11. Reserved.
12. Software is licensed for navigational use only when used in conjunction with ArcLogistics.
13. "Dual Use License" means the Software may be installed on a desktop computer and used simultaneously with either a personal digital assistant (PDA) or handheld mobile computer as long as the Software is only used by a single individual at any one (1) time.
14. Reserved.
15. Licensed as a Deployment License, subject to Article 3, Section 3.1 of the General License Terms and Conditions.
16. Licensee may use the SDKs or APIs to create Value-Added Applications and distribute and license those Value-Added Applications to its end users to use the Value-Added Applications anywhere not prohibited under export regulation subject to Article 3, Section 3.1 of the General License Terms and Conditions.
17. Reserved.
18. The Deployment License is per Value-Added Application per computer.
19. License may not be used to develop Internet or server-based Value-Added Applications.
20. Licensee may reproduce and distribute the Software provided all the following occur:
a. The Software is reproduced and distributed in its entirety;
b. A license agreement accompanies each copy of the Software that protects the Software to the same extent as this License Agreement, and the recipient agrees to be bound by the terms and conditions of the license agreement;
c. All copyright and trademark attributions/notices are reproduced; and
d. There is no charge or fee attributable to the use of the Software.
21. Reserved.
22. a. An end user must license either ArcGIS Engine for Windows/Linux Software or other ArcGIS for Desktop Software (Basic, Standard, or Advanced) to obtain the right to run an ArcGIS Engine application on one (1) computer; and
b. The ArcGIS Engine for Windows/Linux extensions shall not be used in combination with ArcGIS for Desktop Software to run ArcGIS Engine Value-Added Applications. A single user can have multiple ArcGIS Engine Value-Added Applications installed on one (1) computer for use only by that end user.
23. Reserved.
24. EDN Software may be used only for the purposes of development, testing, and demonstration of a prototype Value-Added Application and creating map caches. Value-Added Applications and map caches can be used with Staging and Deployment Servers. EDN server Software and Data may be installed on multiple computers for use by any Licensee EDN developer; all other EDN Software is licensed as a Single Use License.
25. Reserved.
26. An ArcSDE Personal Edition geodatabase is restricted to ten (10) gigabytes of Licensee's data.
27. Reserved.
28. Use is limited to ten (10) concurrent end users of applications other than ArcGIS for Server applications. This restriction includes use of ArcGIS for Desktop Software, ArcGIS Engine Software, and third-party applications that connect directly to any ArcGIS for Server geodatabase. There are no limitations on the number of connections from web applications.
29. Software can only be used with a supported version of SQL Server Express. Supported versions are listed with the system requirements for the product on the Esri website.
30. Use is restricted to a maximum of ten (10) gigabytes of Licensee's data.
31. Licensee may have redundant Esri Server Software installation(s) for failover operations, but the redundant Software can only be operational during the period the primary site is nonoperational. The redundant Software installation(s) shall remain dormant, except for system maintenance and updating of databases, while the primary site or any other redundant site is operational.
32. Redundant Software installation for failover operations is not permitted.
33–37. Reserved.
38. The ArcGIS 3D Analyst for Server extension included with ArcGIS for Server Standard (Workgroup or Enterprise) may be used only for generating globe data cache(s) or publishing a globe document as an ArcGIS Globe Service. No other use of the ArcGIS 3D Analyst for Server extension Software is permitted with ArcGIS for Server Standard.
39. Any editing functionality included with ArcGIS for Server is not permitted for use with ArcGIS for Server Basic (Workgroup or Enterprise).
40–46. Reserved.
47. Licensee may develop and distribute Value-Added Applications that use Esri File Geodatabase API to Licensee's end users.
48–53. Reserved.
54. ArcGIS for Windows Mobile Deployments are licensed for use with ArcGIS for Server Enterprise (Advanced or Standard), ArcGIS for Server Workgroup (Advanced), ArcGIS for Desktop (Advanced, Standard, Basic), and ArcGIS Engine Value-Added Applications.
55–63. Reserved.
64. Value-Added Application(s) for web deployment must be used in conjunction with other Esri Product(s). Third-party technologies may also be used in conjunction with Value-Added Application(s) as long as the Value-Added Application(s) is always used in conjunction with other Esri Product(s).
65. Reserved.
66. For desktop applications, each license is per organization. For the purposes of this license, organization is equivalent to a principal registered unique domain identifier. Domain is the Internet domain name registered with a domain name registrar. For instance, in example.com, example.com is the registered unique domain identifier. Similarly, in example.com.xx, where xx is a registered country code, example.com.xx is the registered unique domain identifier. Desktop applications can be used by any employee of the organization with the principal registered unique domain identifier. There is no limit to the number of applications that can be built and deployed within an organization.
ADDENDUM 2
DATA TERMS OF USE
(E300-2)
This Data Terms of Use Addendum ("Addendum 2") sets forth the terms of Licensee's use of Data and includes Licensee's existing master license agreement, if any, or the License Agreement found at http://www.esri.com/legal/software-license (as applicable, the "License Agreement"), which is incorporated by reference. This Addendum 2 takes precedence over conflicting General License Terms and Conditions of the License Agreement. Esri reserves the right to modify the Data terms of use referenced below at any time. For Data licensed through a subscription, Licensee may cancel the subscription upon written notice to Esri or discontinue use of the Data, as applicable. If Licensee continues to use the Data, Licensee will be deemed to have accepted the modification. Data terms of use are set forth in the notes referenced below:
SECTION 1—GENERAL RESTRICTIONS ON USE OF DATA
In addition to the restrictions set forth in Article 4.2 of the License Agreement, the following restrictions apply to use of Data by Licensee and Licensee's end users (collectively, "Users"). Any use of Data that is not expressly authorized in Section 2 or elsewhere in the License Agreement is strictly prohibited. Without limiting the generality of the foregoing, Licensee shall ensure Users are prohibited from (i) cobranding Data, (ii) using the Data in any unauthorized service or product, or (iii) offering Data through or on behalf of any third party.
SECTION 2—SPECIFIC TERMS OF USE FOR DATA
The following table is a list of Esri Products that have specific terms of use in addition to the general terms of use as set forth in the General License Terms and Conditions of the License Agreement. Additional terms of use are listed immediately below this table and are referenced by number(s), shown in parenthesis, immediately following each Product name in the following table:
▪ ArcGIS Online Data (1)
▪ StreetMap Premium for ArcGIS (2)
▪ StreetMap for Windows Mobile (2)
▪ StreetMap for ArcPad (2)
▪ StreetMap Premium for ArcGIS for Transportation Analytics (2; Addendum 1, Note 1)
▪ HERE Traffic Data (11; Addendum 1, Note 1)
▪ Data Appliance for ArcGIS (3)
▪ Business Analyst Data (4, 10)
▪ Demographic, Consumer, and Business Data ("Esri Data") (5, 10)
▪ Data and Maps for ArcGIS (6)
▪ Esri MapStudio Data (9)
Notes:
▪ If you do not license any of the Products in the table above, these additional terms of use do not apply to you.
▪ Additional terms of use for Products ONLY APPLY to the Products that reference them, by number, in the table above.
Additional Terms of Use for Products listed above:
1. ArcGIS Online Data: Software and Online Services that reference this note enable access to ArcGIS Online Data. ArcGIS Online Data is provided for use solely in conjunction with Licensee's authorized use of Esri Software and Online Services. Use of ArcGIS Online Data that is accessible through non-fee-based ArcGIS Online accounts may be subject to usage limits.
ArcGIS Online Basemap Data:
a. ArcGIS Online basemap data can be taken offline through Esri Content Packages and subsequently delivered (transferred) to any device for use exclusively with licensed Esri Client Software.
b. ArcGIS Online basemap data is subject to an aggregate limit of fifty million (50,000,000) transactions during any twelve (12)-month period. Transactions include both basemap and geosearch Transactions. "Transaction" is defined in the Documentation at ArcGIS Resources at http://links.esri.com/agol/transactiondef.
Licensee may use Data accessed through ArcGIS Online as permitted under the terms of the URLs referenced below:
a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE.
b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9792-teleatlas_use_data.pdf.
c. Data from i-cubed is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9946-icubed.pdf.
d. Microsoft Bing Maps data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/e-802-bing-mapsvcs.pdf.
e. BODC bathymetry data is subject to the terms of use found at http://www.esri.com/terms-of-use-bodc.
f. MB-Research GmbH (MBR) Data: Users are prohibited from (i) using MBR Data, including, without limitation, European demographic data, consumer demand data, and postal and geographic boundaries, for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any database or other compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party or (ii) modifying or otherwise altering MBR Data without MBR's prior written consent, such consent to be granted or withheld at MBR's sole discretion.
g. D&B Data: May not be used for direct mailing or direct marketing purposes.
2. StreetMap Premium for ArcGIS: StreetMap for ArcGIS for Windows Mobile; StreetMap for ArcPad; StreetMap Premium for ArcGIS for Transportation Analytics: These Products, collectively referred to as "StreetMap Data," may be used for mapping, geocoding, and point-to-point routing purposes but are not licensed for dynamic, real-time routing guidance. For instance, StreetMap Data may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn) or to calculate an alternate route if a turn is missed. StreetMap Data may not be used to perform synchronized multivehicle routing or route optimization. StreetMap Data acquired for use with ArcGIS for Desktop, ArcGIS for Server, ArcPad, or ArcGIS for Transportation Analytics may only be used with the Product for which the StreetMap Data was acquired, and may not be used with any other Product. StreetMap for Windows Mobile Data is licensed for use solely on mobile devices or in conjunction with ArcGIS for Mobile applications. StreetMap Data may include data from either of the following sources:
a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE. HERE data, when licensed for use in StreetMap Premium for ArcGIS for Transportation Analytics, permits tracking, synchronized multivehicle routing, and route optimization.
b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9792-teleatlas_use_data.pdf.
3. Data Appliance for ArcGIS: Data provided with Data Appliance is subject to the following additional terms of use:
a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE.
b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9792-teleatlas_use_data.pdf.
c. Data from i-cubed is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9946-icubed.pdf.
d. BODC bathymetry data is subject to the terms of use found at http://www.esri.com/terms-of-use-bodc.
4. Business Analyst Data: Business Analyst Data is provided with Esri Business Analyst (Server, Desktop). The Data is subject to the following additional terms of use:
a. The Data is provided for Licensee's internal business use solely in connection with Licensee's authorized use of Software. Subject to Addendum 2, Note 10, Business Analyst Data, including derivative products (e.g., geocodes), are restricted for use only in conjunction with the respective Business Analyst extension. If Licensee orders a license for Esri Business Analyst or Business Analyst (Canadian Edition) with a subset of the national dataset (i.e., Region, State, Local), Licensee may use only the licensed subset, not any other portion of the national dataset.
b. Business Analyst Data provided with Business Analyst for Server may not be cached or downloaded by client applications and devices.
c. Infogroup data is subject to the following terms of use: "Users" means end users of Esri Software. Any use of the Infogroup database not expressly authorized in this License Agreement is strictly prohibited. Without limiting the generality of the foregoing, Users are expressly prohibited from (i) sublicensing or reselling the Infogroup database; (ii) using or allowing third parties to use the Infogroup database for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising, or other compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party; (iii) using the Infogroup database in any service or product not specifically authorized in this License Agreement or offering it through any third party; (iv) disassembling, decompiling, reverse engineering, modifying, or otherwise altering the Infogroup database or any part thereof without Infogroup's prior written consent, such consent to be granted or withheld at Infogroup's sole discretion; or (v) using the Infogroup database for any direct marketing purposes.
d. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE.
e. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9792-teleatlas_use_data.pdf.
f. MBR Data: Users are prohibited from (i) using MBR Data, including, without limitation, European demographic data, consumer demand data, and postal and geographic boundaries, for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any database or other compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party or (ii) modifying, or otherwise altering MBR Data without MBR's prior written consent, such consent to be granted or withheld at MBR's sole discretion.
g. D&B Data: May not be used for direct mailing or direct marketing purposes.
5. Demographic, Consumer, and Business Data ("Esri Data"): This Data category includes the Updated Demographic Database, Census Data, American Community Survey (ACS) Data, Consumer Spending, Business, Retail MarketPlace, Tapestry Segmentation, Market Potential, Crime Index, Major Shopping Center, Traffic Count, and Banking datasets. Esri Data may be used independently of Software or Online Services. Each dataset is available under one or more of the following license types:
▪ Single Use: Permits access by a single user to access the data for development or internal use on a desktop computer or server. No Internet access is permitted.
▪ Internal Site/Server—Known User: Permits access by named (known) users for Licensee's internal use. Web access by those named users is permitted.
▪ Public website (noncommercial)—Constituent-Served Model: Permits a municipal government Licensee to use the Data in an externally facing Value-Added Application serving a defined population, provided Licensee does not generate revenue from such use.
▪ Public website (commercial) Known User: Permits Licensee to use the Data in an externally facing Value-Added Application for use by named users and to generate revenue from such Value-Added Application.
▪ Public website (commercial) Anonymous User: Permits Licensee to use the Data in an externally facing Value-Added Application for general use and to generate revenue from such Value-Added Application.
6. Data and Maps for ArcGIS: The Data is available to licensed users of ArcGIS for Desktop, ArcGIS for Server, and ArcGIS Online. Data and Maps for ArcGIS is provided for use solely in conjunction with authorized use of ArcGIS for Desktop, ArcGIS for Server, and ArcGIS Online.
a. Licensee may redistribute the Data as described in the Redistribution Rights Matrix available at http://www.esri.com/legal/redistribution-rights, in the Help system, or in supporting metadata files, subject to the specific attribution descriptions and requirements for the dataset accessed.
b. StreetMap Data may be used for mapping, geocoding, and routing purposes but is not licensed for dynamic routing purposes. For instance, StreetMap USA may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn) or to calculate an alternate route if a turn is missed.
7. Reserved.
8. Reserved.
9. MapStudio Data: Use of this Data is subject to the following terms and conditions:
a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE.
b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9792-teleatlas_use_data.pdf.
c. Data from i-cubed is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9946-icubed.pdf.
d. D&B Data: May not be used for direct mailing or direct marketing purposes.
10. Licensee may include Data in hard-copy or read-only format ("Outputs") in presentation packages, marketing studies, or other reports or documents prepared for third parties. Licensee shall not resell or otherwise externally distribute Outputs in stand-alone form.
11. ArcGIS for Transportation Analytics—HERE traffic data option: This online data service is available as an option for use exclusively with ArcGIS for Transportation Analytics. Use of this data is subject to the following terms and conditions:
a. HERE traffic data is subject to the terms of use at http://www.esri.com/supplierterms-HERE.
b. No automatic routing or rerouting based on traffic conditions is permitted without the Navigation add-on.
c. HERE traffic data may not be archived and may be delivered only for end users' personal, near-term use, not to exceed one (1) twenty-four (24)-hour period.
d. HERE traffic data may not be used to display or broadcast in any FM/AM/HD radio broadcast or television broadcast or through any RDS delivery method.
e. HERE traffic data may not be used with or incorporated into any traffic system that provides voice traffic reports to inbound callers.
f. HERE traffic data may not be used to develop or commercially make available a text-to-voice e-mail alert or message or voice mail application using any portion of HERE traffic data.
ADDENDUM 3
ONLINE SERVICES ADDENDUM
(E300-3)
This Online Services Addendum ("Addendum 3") sets forth the terms of Licensee's use of Online Services and includes the Licensee's existing master license agreement, if any, or the License Agreement found at http://www.esri.com/legal/software-license (as applicable, the "License Agreement"), which is incorporated by reference. This Addendum 3 takes precedence over conflicting General License Terms and Conditions of the License Agreement. Esri reserves the right to update the terms from time to time. Section 1 of this Addendum 3 contains terms applicable to all Online Services; Section 2 contains common terms applicable to specific Online Services.
SECTION 1—COMMON TERMS OF USE OF ONLINE SERVICES
ARTICLE 1—DEFINITIONS
In addition to the definitions provided in the License Agreement, the following definitions apply to this Addendum 3:
a. "Anonymous Users" refers to anyone who has public access to any part of the Licensee's Content or Value-Added Applications, which Licensee has published through the use of the Sharing Tools, included with Licensee's licensed use of the Software or Online Services, as further described in Section 2 of this Addendum.
b. "API" means application programming interface.
c. "App Login Credential" means a system-generated application login and associated password, provided by registering a Value-Added Application with ArcGIS Online, which can be embedded in a Value-Added Application to enable the Value-Added Application to access and use Online Services.
d. "ArcGIS Website" means http://www.arcgis.com and any related or successor websites.
e. "Content" means data, images, photographs, animations, video, audio, text, maps, databases, data models, spreadsheets, user interfaces, software applications, and Developer Tools.
f. "Developer Tools" means software development kits (SDKs), APIs, software libraries, code samples, and other resources.
g. "Licensee's Content" means any Content that Licensee, a Licensee's Named User, or any other user submits to Esri in connection with Licensee's use of the Online Services, any results derived from the use of Licensee's Content with Online Services, and any Value-Added Applications Licensee builds with Developer Tools and deploys with Online Services. Licensee's Content excludes any feedback, suggestions, or requests for Product improvements that Licensee provides to Esri.
h. "Named User(s)" means individuals to whom Licensee specifically enables private access to Online Services and Value-Added Applications through Licensee's Online Services account. Named Users can be anyone whom Licensee authorizes to access Online Services, but only for the exclusive benefit of Licensee, for example, Licensee's employees, agents, consultants, or contractors. For Education Plan accounts, Named Users may include registered students. No other third parties may be Named Users. Named Users have private access to features of Online Services that are not publicly accessible to Anonymous Users. Named Users have unique, individual login credentials.
i. "Online Content" means Content hosted or provided by Esri as part of Online Services, including any Map Services, Task Services, Image Services, and Developer Tools and excluding Content provided by third parties that Licensee accesses through Online Services.
j. "Service Components" means each of the following: Online Services, Online Content, ArcGIS Website, Developer Tools, Documentation, or related materials.
k. "Sharing Tools" means publishing capabilities included with Online Services and ArcGIS Website that allow Licensee to make Licensee's Content and Value-Added Applications available to third parties and/or Anonymous Users.
l. "Value-Added Application" means an application developed by Licensee for use in conjunction with the authorized use of any Software, Data, or Online Services.
m. "Web Services" as used under Licensee's existing signed license agreement, if any, means Online Services and any Content delivered by such Online Services.
ARTICLE 2—USE OF ONLINE SERVICES
2.1 License to Online Services. Esri grants Licensee a personal, nonexclusive, nontransferable, worldwide license to access and use Online Services as set forth in the applicable Ordering Documents (i) for which the applicable license fees have been paid (if required), (ii) for Licensee's own internal use by Licensee and Licensee's Named Users or Anonymous Users (if applicable), and (iii) in accordance with this License Agreement and the licensed configuration on file as authorized by Esri.
2.2 Provision of Subscription Online Services. For subscription Online Services, Esri will
a. Provide Online Services to Licensee in accordance with the Documentation;
b. Provide customer support in accordance with Esri's standard customer support policies and any additional support Licensee may purchase; and
c. Use commercially reasonable efforts to ensure that Online Services will not transmit to Licensee any Malicious Code, provided Esri is not responsible for Malicious Code that was introduced to Online Services through Licensee's account or through third-party Content.
2.3 Licensee's Responsibilities.
a. Licensee shall be responsible for Named Users' compliance with this Agreement. Licensee and Licensee's Named Users or Anonymous Users (if applicable) are the only persons authorized to access Online Services through Licensee's accounts. Named Users' login credentials are for designated Named Users only and may not be shared among multiple individuals. Named Users' login credentials may be reassigned to new Named Users if the former users no longer require access to Online Services.
b. Licensee and Licensee's Named Users are responsible for maintaining the confidentiality of Authorization Codes, Access Codes, Named Users' login credentials, or any other method that is provided that enables access to Online Services and for ensuring that unauthorized third parties do not access Licensee's account. Licensee will immediately notify Esri if Licensee becomes aware of any unauthorized use of Licensee's account or any other breach of security.
c. Licensee is solely responsible for the development and operation of Licensee's Content and Value-Added Applications and the manner in which it chooses to allow or provide use, access, transfer, transmission, maintenance, or processing ability to or by others, including any use and access to Products, and any subsequent end user, end use, and destination restrictions issued by the US government and other governments.
2.4 Prohibited Uses of the Online Services. In addition to the prohibited uses or except as provided under the License Agreement, Licensee shall not (i) attempt to gain unauthorized access to the Online Services or assist others to do so; (ii) use Online Services for spamming, to transmit junk e-mail or offensive or defamatory material, or for stalking or making threats of physical harm; (iii) use Online Services to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment ("Malicious Code"); (iv) mirror, reformat, or display Online Services in an attempt to mirror and/or make commercial use of Online Services except to the degree that Online Services directly enable such functionality; (v) share the client-side data cache derived from Online Content with other licensed end users or third parties; (vi) distribute the client-side data cache derived from Online Services to third parties; (vii) manually or systematically collect or scrape (screen or web scraping) Content from Online Services; (viii) use ArcGIS Online Map Services, Geocoding Services, or Routing Services in communication with any in-vehicle navigation system installed in a vehicle (this does not include portable navigation devices) or that provides real-time, dynamic routing to any device (for instance, these services may not be used to alert a user about upcoming maneuvers such as warning of an upcoming turn or to calculate an alternate route if a turn is missed); or (ix) incorporate any portion of Online Services into a commercial product or service unless the commercial product adds material functionality to Online Services. Licensee shall not use Online Services to (a) infringe or misappropriate any third-party proprietary rights or privacy rights; (b) process, store, transmit, or enable access to any information, data, or technology controlled for export under the International Traffic in Arms (ITAR) regulations; (c) violate any export law; or (d) store or process Content online that is unclassified controlled technical information (UCTI) under DFARS 204.73, or is protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA). Licensee shall not attempt to (a) probe, scan, or test the vulnerability of the Online Services or to breach any security or authentication measures used by the Online Services; or (b) benchmark the availability, performance, or functionality of Online Services for competitive purposes. Licensee is responsible for any fines, penalties, or claims against Esri, including reasonable attorneys' fees, arising out of Licensee's noncompliance with any of the foregoing prohibitions.
2.5 Evaluations. Esri may provide licenses to use certain Services for Licensee's internal evaluation purposes. Such licenses continue until the stated evaluation period expires or until Licensee purchases a subscription, whichever occurs first. IF LICENSEE DOES NOT CONVERT LICENSEE'S EVALUATION LICENSE TO A SUBSCRIPTION PRIOR TO EXPIRATION OF THE EVALUATION TERM, ANY CONTENT AND CUSTOMIZATIONS THAT LICENSEE UPLOADED OR MADE DURING THE EVALUATION TERM WILL BE PERMANENTLY LOST. IF LICENSEE DOES NOT WISH TO PURCHASE A SUBSCRIPTION, LICENSEE MUST EXPORT SUCH CONTENT BEFORE THE END OF LICENSEE'S EVALUATION PERIOD.
2.6 Modifications of Online Services. Esri reserves the right to alter or modify Online Service(s) and related APIs at any time. If reasonable under the circumstances, Esri will provide thirty (30) days' prior notice of any material alterations.
2.7 Discontinuation or Deprecation of Online Services. Esri reserves the right to discontinue or deprecate an Online Service(s) and related API(s) at any time. If reasonable under the circumstances, Esri will provide ninety (90) days' prior notice of any Online Service discontinuation or deprecation. Esri will attempt to support any deprecated APIs for up to six (6) months, unless there are legal, financial, or technological reasons not to support them.
2.8 If any modification, discontinuation, or deprecation of Online Service(s) causes a material, adverse impact to Licensee's operations, Esri may at its sole discretion attempt to repair, correct, or provide a workaround for Online Services. If a viable solution is not commercially reasonable, Licensee may cancel its subscription to Online Services, and Esri will issue a prorated refund.
2.9 Attributions. Licensee is not permitted to remove any Esri or Esri's licensors' logos or other attribution associated with any use of ArcGIS Online Services.
ARTICLE 3—TERM AND TERMINATION
The following supplements Article 5—Term and Termination of the License Agreement:
3.1 Term of Subscriptions. The term of any subscription will be provided in the Ordering Document under which it is purchased or in the Online Services description referenced therein.
3.2 Subscription Rate Changes. Monthly subscription rates may be increased upon thirty (30) days' notice. Esri may increase rates for subscriptions with a term greater than one (1) month by notifying Licensee at least sixty (60) days prior to expiration of the then-current subscription term.
3.3 Service Interruption. Licensee's access (including access on behalf of Licensee's customers) to and use of Online Service(s) may be temporarily unavailable, without prior notice, for any unanticipated or unscheduled downtime or unavailability of all or any portion of Online Services, including system failure or other events beyond the reasonable control of Esri.
3.4 Service Suspension. Esri shall be entitled, without any liability to Licensee, to suspend access to any portion or all of Online Services at any time on a service-wide basis (a) if Licensee breaches the License Agreement; (b) if Licensee exceeds usage limits and fails to purchase additional license capacity sufficient to support Licensee's continued use of Online Services as described in Article 5 of this Addendum; (c) if there is reason to believe that Licensee's use of Online Service(s) will adversely affect the integrity, functionality, or usability of the Online Service(s); (d) if Esri and its licensors may incur liability by not suspending Licensee's account; (e) for scheduled downtime to conduct maintenance or make modifications to Online Service(s); (f) in the event of a threat or attack on Online Service(s) (including a denial-of-service attack) or other event that may create a risk to the applicable part of Online Services; or (g) in the event that Esri determines that Online Services (or portions thereof) are prohibited by law or otherwise that it is necessary or prudent to do so for legal or regulatory reasons. If feasible under these circumstances, Licensee will be notified of any Service Suspension beforehand and allowed reasonable opportunity to take remedial action.
3.5 Esri is not responsible for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Licensee or any Licensee customer may incur as a result of any Service Interruption or Service Suspension.
ARTICLE 4—LICENSEE'S CONTENT, FEEDBACK
4.1 Licensee's Content. Licensee retains all right, title, and interest in Licensee's Content. Licensee hereby grants Esri and Esri's licensors a nonexclusive, nontransferable, worldwide right to host, run, and reproduce Licensee's Content solely for the purpose of enabling Licensee's use of Online Services. Without Licensee's permission, Esri will not access, use, or disclose Licensee's Content except as reasonably necessary to support Licensee's use of Online Services, respond to Licensee's requests for customer support, or troubleshoot Licensee's account or for any other purpose authorized by Licensee in writing. If Licensee accesses Online Services with an application provided by a third party, Esri may disclose Licensee's Content to such third party as necessary to enable interoperation between the application, Online Services, and Licensee's Content. Esri may disclose Licensee's Content if required to do so by law or pursuant to the order of a court or other government body, in which case Esri will reasonably attempt to limit the scope of disclosure. It is Licensee's sole responsibility to ensure that Licensee's Content is suitable for use with Online Services and for maintaining regular offline backups using the Online Services export and download capabilities.
4.2 Removal of Licensee's Content. Licensee will provide information and/or other materials related to Licensee's Content as reasonably requested by Esri to verify Licensee's compliance with this License Agreement. Esri may remove or delete any portions of Licensee's Content if there is reason to believe that uploading it to, or using it with, Online Services violates this License Agreement. If reasonable under these circumstances, Esri will notify Licensee before Licensee's Content is removed. Esri will respond to any Digital Millennium Copyright Act take-down notices in accordance with Esri's Copyright Policy, available at http://www.esri.com/legal/dmca_policy.
4.3 Sharing Licensee's Content. If Licensee elects to share Licensee's Content using Sharing Tools, then Licensee acknowledges that it has enabled third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Licensee's Content through Online Services. ESRI IS NOT RESPONSIBLE FOR ANY LOSS, DELETION, MODIFICATION, OR DISCLOSURE OF LICENSEE'S CONTENT RESULTING FROM USE OR MISUSE OF SHARING TOOLS OR ANY OTHER SERVICE COMPONENTS. LICENSEE'S USE OF SHARING TOOLS IS AT LICENSEE'S SOLE RISK.
4.4 Retrieving Licensee's Content upon Termination. Upon termination of the License Agreement or any trial, evaluation, or subscription, Esri will make Licensee's Content available to Licensee for download for a period of thirty (30) days unless Licensee requests a shorter window of availability or Esri is legally prohibited from doing so. Thereafter, Licensee's right to access or use Licensee's Content with Online Services will end, and Esri will have no further obligations to store or return Licensee's Content.
ARTICLE 5—LIMITS ON USE OF ONLINE SERVICES; SERVICE CREDITS
Esri may establish limits on the Online Services available to Licensee. These limits may be controlled through Service Credits. Service Credits are used to measure the consumption of ArcGIS Online services made available through Licensee's account. The maximum Service Credits provided with Licensee's ArcGIS Online account will be addressed in the applicable Ordering Document. Esri will notify Licensee's account administrator when Licensee's Service Credit consumption reaches approximately seventy-five percent (75%) of the Service Credits allocated to Licensee through Licensee's subscription. Esri will notify Licensee's account administrator if Licensee's Service Credit consumption reaches or exceeds one hundred percent (100%). If Licensee's account exceeds one hundred percent (100%) of the available Service Credits, Licensee may continue to access its account; however, Licensee's access to services that consume Service Credits will be suspended. Licensee's access to the services that consume Service Credits will be restored immediately upon the completion of Licensee's purchase of additional Service Credits.
ARTICLE 6—ONLINE CONTENT; THIRD-PARTY CONTENT AND WEBSITES
6.1 Online Content. ArcGIS Online Data is included as a component of Online Services and is licensed under the terms of the License Agreement.
6.2 Third-Party Content and Websites. Online Services and ArcGIS Website may reference or link to third-party websites or enable Licensee to access, view, use, and download third-party Content. This Agreement does not address Licensee's use of third-party Content, and Licensee may be required to agree to different or additional terms in order to use third-party Content. Esri does not control these websites and is not responsible for their operation, content, or availability; Licensee's use of any third-party websites and third-party Content is as is, without warranty, and at Licensee's sole risk. The presence of any links or references in Online Services to third-party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind.
SECTION 2—TERMS OF USE FOR SPECIFIC ONLINE SERVICES
The following table is a list of Esri Products that have specific terms of use in addition to the general terms of use as set forth in the General License Terms and Conditions of the License Agreement. Additional terms of use are listed immediately below this table and are referenced by number(s), shown in parentheses, immediately following each Product name in the following table (in some cases, the additional terms of use referenced may be found in a separate Addendum, as noted):
▪ ArcGIS Online (1; 2; Addendum 2, Note 1; Addendum 2, Note 6)
▪ Esri Business Analyst Online (3; Addendum 2, Note 1)
▪ Esri Business Analyst Online Mobile (3; Addendum 2, Note 1)
▪ Esri Community Analyst (3; Addendum 2, Note 1)
▪ Esri Redistricting Online (Addendum 2, Note 1)
▪ Esri MapStudio (4; Addendum 2, Note 1; Addendum 2, Note 9)
Notes:
▪ If you do not license any of the Products in the table above, these additional terms of use do not apply to you.
▪ Additional terms of use for Products ONLY APPLY to the Products that reference them by number in the table above.
Additional Terms of Use for Products listed above:
1. In addition to the common terms of use of Online Services:
a. Licensee may use Licensee's Esri Online Services account to build a Value-Added Application(s) for Licensee's internal use.
b. Licensee may also provide access to Licensee's Value-Added Application(s) to third parties, subject to the following terms:
i. Licensee may allow Anonymous Users to access Licensee's Value-Added Application(s).
ii. Licensee shall not add third parties as Named Users to Licensee's ArcGIS Online account for the purpose of allowing third parties to access Licensee's Value-Added Application(s). This restriction does not apply to third parties included within the definition of Named Users.
iii. Licensee shall not provide a third party with access to ArcGIS Online Services enabled through Licensee's ArcGIS Online account other than through Licensee's Value-Added Application(s). This restriction does not apply to third parties included within the definition of Named Users.
iv. Licensee is responsible for any fees accrued through the use of Licensee's ArcGIS Online account by third parties accessing Licensee's Value-Added Application(s). This includes Service Credits required to support third-party Online Services usage and any additional subscription fees for Online Services as required.
v. Licensee is solely responsible for providing technical support for Licensee's Value-Added Application(s).
vi. Licensee will restrict third-party use of Online Services as required by the terms of this Agreement.
vii. Licensee may not remove or obscure any trademarks or logos that would normally be displayed through the use of the Online Services without written permission. Licensee must include attribution acknowledging that its application is using Online Services provided by Esri, if attribution is not automatically displayed through the use of Online Services. Guidelines are provided in the Documentation.
viii. Licensee may not embed a Named User credential into a Value-Added Application. For ArcGIS Online for Organizations, Education, and Nongovernmental Organization/Nonprofit Organization (NGO/NPO) Plan accounts, an App Login Credential may only be embedded into Value-Added Applications that are used to provide public, anonymous access to ArcGIS Online. Licensee may not embed or use ArcGIS Online App Login Credentials in Value-Added Applications for internal use. Value-Added Applications used internally require Named User login credentials.
c. For ArcGIS Online ELA, ArcGIS Online for Organizations, and paid Developer Plan accounts:
i. Licensee is also permitted to
(1) Charge an additional fee to third parties to access Licensee's Value-Added Application(s), subject to the terms of this License Agreement; and
(2) Transfer Licensee's Value-Added Application(s) to a third party's ArcGIS Online account, subject to the following:
(a) Licensee may charge third parties a fee for Licensee's Value-Added Application(s).
(b) Licensee is not obligated to provide technical support for the third party's general use of its ArcGIS Online account not related to Licensee's Value-Added Application(s).
(c) Licensee is not responsible for any fees accrued through the third party's use of Licensee's Value-Added Application(s) that have been transferred to or implemented on the third party's ArcGIS Online account.
(d) Licensee is not permitted to invite licensees of an ArcGIS Online Public Plan to participate in private groups. This restriction also applies to licensees of Education Plan accounts and NGO/NPO Plan accounts.
d. For ArcGIS Online Public Plan accounts, Development and Testing Plan accounts, Education Plan accounts, and NGO/NPO use of ArcGIS Online for Organizations accounts: Licensee is not permitted to charge an additional fee to third parties to access Licensee's Value-Added Application(s) or generate more than incidental advertising revenue as a consequence of the deployment or use of the Value-Added Application(s). Charging a fee to access Licensee's Value-Added Application(s) or generating more than incidental advertising revenue requires an ArcGIS Online ELA, ArcGIS Online for Organizations, or paid Developer Plan account.
e. For ArcGIS Online Public Plan accounts:
i. Public Plan accounts are licensed for the personal use of an individual. Any use of Public Plan accounts by an individual for the benefit of a for-profit business or a government agency is prohibited.
▪ This restriction does not apply to educational institutions when used for teaching purposes only, qualified NGO/NPO organizations, and press or media organizations. Individuals affiliated with these specific types of organization are permitted to use ArcGIS Online Public Plan accounts for the benefit of their affiliated organization(s).
ii. Public Plan account Licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online for Organizations, Education, NGO/NPO, or ELA Plans.
f. For ArcGIS Online Development and Testing Plan accounts:
i. Subject to the terms of this License Agreement, Licensee is permitted to
(1) Allow third parties to access Licensee's Value-Added Application(s) powered by their Development and Testing Plan account, but only if the Value-Added Application(s) is published for public access and is not used for the benefit of a for-profit business or government agency.
▪ This restriction does not apply to educational institutions when used for teaching purposes only, qualified NGO/NPO organizations, and press or media organizations. Individuals affiliated with these specific types of organizations are permitted to use ArcGIS Online Development and Testing Plan accounts for the benefit of their affiliated organization(s).
ii. Development and Testing Plan account licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online for Organizations, Education, NGO/NPO, or ELA Plans.
g. For ArcGIS Online paid Developer Plan accounts or Development and Testing Plan accounts:
i. Licensee is limited to one million (1,000,000) basemap and one million (1,000,000) geosearch Transactions per month in conjunction with Licensee's account. "Transaction" is defined in the Documentation at ArcGIS Resources at http://links.esri.com/agol/transactiondef.
h. Licensee is not permitted to be the licensee of an ArcGIS Online account for or on behalf of a third party.
▪ This restriction does not apply to education institutions that are permitted to be licensees of ArcGIS Online Public Plan accounts on behalf of registered students of the education institution for teaching purposes only. Education institutions are also permitted to provide access to a single ArcGIS Online Public Plan account to more than one (1) registered student when used for teaching purposes only.
i. The terms "Online ELA account," "Organizations Plan account," "Developer Plan account," "Public Plan account," "Development and Testing Plan account," and "Education Plan account" refer to different types of ArcGIS Online accounts.
2. Terms of Use for ArcGIS Online Services:
a. World Geocoding Service: Licensee may not store the geocoded results generated by the service without an ArcGIS Online account.
b. Infographics Service: Licensee may use the data accessible through this service for display purposes only. Licensee is prohibited from saving any data accessible through this service.
3. Licensee may not display or post any combination of more than one hundred (100) Esri Business Analyst Online or Esri Community Analyst Reports and maps on Licensee's external websites.
4. Licensee may create, publicly display, and distribute maps in hard copy and static electronic format for news-reporting purposes, subject to any restrictions for ArcGIS Online Data set forth in Addendum 2, Note 1.
ADDENDUM 4
LIMITED USE PROGRAMS
(E300-4)
This Limited Use Programs Addendum ("Addendum 4") applies to any Licensee that has been qualified by Esri or its authorized distributor to participate in any of the programs described herein. This Addendum 4 includes the Licensee's existing master license agreement, if any, or the License Agreement found at http://www.esri.com/legal/software-license (as applicable, the "License Agreement"), which is incorporated by reference. This Addendum 4 takes precedence over conflicting terms of the License Agreement. Esri reserves the right to update the terms from time to time.
▪ Educational Programs (1)
▪ Grant Programs (2)
▪ Home Use Program (3)
▪ Other Esri Limited Use Programs (4)
Notes
1. Educational Programs: Licensee agrees to use Products solely for educational purposes during the educational use Term. Licensee shall not use Products for any Administrative Use unless Licensee has acquired an Administrative Use Term License. "Administrative Use" means administrative activities that are not directly related to instruction or education, such as asset mapping, facilities management, demographic analysis, routing, campus safety, and accessibility analysis. Licensee shall not use Products for revenue-generating or for-profit purposes.
2. Grant Programs: Licensee may use Products only for Noncommercial purposes. Except for cost recovery of using and operating the Products, Licensee shall not use Products for revenue-generating or for-profit purposes.
3. ArcGIS for Home Use Program:
a. All ArcGIS for Home Use Program Products are provided as Term Licenses and are identified on Esri's Home Use Program website found at http://www.esri.com/software/arcgis/arcgis-for-home or Licensee's authorized distributor's website.
b. Esri grants to Licensee a personal, nonexclusive, nontransferable, Single Use License, without the authorization to install or use a second copy, solely to use the Products provided under the ArcGIS for Home Use Program as set forth in the applicable Ordering Documents (i) for which the applicable license fees have been paid, (ii) for Licensee's own Noncommercial internal use, (iii) in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor, and (iv) for a period of twelve (12) months unless terminated earlier in accordance with the License Agreement. "Noncommercial" means use in a personal or individual capacity that (i) is not compensated in any fashion; (ii) is not intended to produce any works for commercial use or compensation; (iii) is not intended to provide a commercial service; and (iv) is neither conducted nor funded by any person or entity engaged in the commercial use, application, or exploitation of works similar to the licensed Products.
c. Installation Support. Installation Support for a period of ninety (90) days is included with ArcGIS for Home Use. As discussed further on the Esri or authorized distributor's website, Esri provides technical support in response to specific inquiries. Installation Support will apply only to unmodified Software. Software is provided only for standard hardware platforms and operating systems supported by Esri as described in the Software Documentation. Esri is not responsible for making or arranging for updates to interfaces for nonstandard devices or custom applications.
Esri Installation Support will be provided in compliance with the Esri ArcGIS for Home Use Installation Support document on the Esri website at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/home-use-installation-support.pdf. Esri supports users solely with the installation of Esri Software. Esri's Support website is at http://support.esri.com/en/support. Support provided by an authorized distributor will be in accordance with the distributor's technical support program terms and conditions.
4. Other Esri Limited Use Programs: If Licensee acquires Products under any limited use program not listed above, Licensee's use of the Products may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esri's website in addition to the nonconflicting terms of this Addendum 4. All such program terms are incorporated herein by reference.
# OPEN LICENCE 2.0/LICENCE OUVERTE 2.0
## “Reuse” of the “Information” covered by this licence
The “Grantor” grants the “Reuser” the free, non-exclusive right to “Reuse” the “Information” subject of this licence, for commercial or non-commercial purposes, worldwide and for an unlimited period, in accordance with the conditions stated below.
**The “Reuser” is free to reuse the “Information”:**
- To reproduce it, copy it.
- To adapt, modify, retrieve and transform it in order to create “derived information”, products and services.
- To share, disseminate, redistribute, publish and transmit it.
- To exploit it for commercial purposes, e.g., by combining it with other information, or by including it in his/her own product or application.
**Subject to:**
- An acknowledgement of the authorship of the “Information”: its source (at least, the name of the “Grantor”) and the date of the most recent update of the reused “Information”. Specifically, the “Reuser” may satisfy this condition by pointing, via a hypertext link, to the source of “the Information” and so supplying an actual acknowledgement of its authorship.
**For example:**
> “Ministry of xxx—Original data downloaded from `http://www.data.gouv.fr/fr/datasets/xxx/`, updated on 14 February 2017”.
This acknowledgement of authorship does not confer any official status on the “Reuse” of the “Information”, and must not suggest any sort of recognition or endorsement on the part of the “Grantor”, or any other public entity, of the “Reuser” or of their “Reuse”.
## Personal data
The “Information” made available may contain “Personal data” that may be subject to “Reuse”. If this is the case, the “Grantor” informs the “Reuser” about its existence. The “Information” may be freely reused, within the rights granted by this licence, subject to compliance with the legal framework relating to personal data protection.
## Intellectual property rights
It is guaranteed to The “Reuser” that potential “Intellectual property rights” held by third parties or by the “Grantor” on “Information” do not interfere with the rights granted by this licence.
When the “Grantor” holds transferable “Intellectual property rights” on the “Information”, he/she assigns these to the “Reuser” on a non-exclusive basis, free of charge, worldwide, for the entire duration of the “Intellectual property rights”, and the “Reuser” is free to use the “Information” for any purpose that complies with the rights and conditions defined in this licence.
## Liability
The “Information” is made available as it is produced or received by the “Grantor”, without any other express or tacit guarantee than those set out in this licence. The “Grantor” does not guarantee the absence of errors or inaccuracies in the “Information”, nor a continuous supply of the “Information”. He/she cannot be held responsible for any loss, prejudice or damage of any kind caused to third parties as a result of the “Reuse”.
The “Reuser” is solely responsible for the “Reuse” of the “Information”. This “Reuse” must not mislead third parties as to the contents of the “Information”, its source or its date of update.
## Applicable legislation
This licence is governed by French law.
### Compatibility of this licence
This licence has been designed to be compatible with any free licence that at least requires an acknowledgement of authorship, and specifically with the previous version of this licence as well as with the following licences: United Kingdom’s “Open Government Licence” (OGL), Creative Commons’ “Creative Commons Attribution” (CC-BY) and Open Knowledge Foundation’s “Open Data Commons Attribution” (ODC-BY).
## Definitions
Within the meaning of this licence, are to be considered as :
- The “Grantor”: any person granting the right to “Reuse” “Information” under the rights and conditions set out in this licence.
- The “Information”:
- any public information contained in documents disclosed or published by any administration referred to in the first paragraph of Article L. 300-2 of the code des relations entre le public et l’administration (CRPA),
- any information made available by any person under the terms and conditions of this licence.
- The “Reuse”: the use of the “Information” for other purposes than those for which it was produced or received.
- The“Reuser”: any person reusing the “Information” in accordance with the conditions of this licence.
- “Personal data”: any information relating to an identified or identifiable natural person who may be identified directly or indirectly. Its “Reuse” is conditional on the respect of the existing legal framework.
- “Derived information”: any new data or information created directly from the “Information” or from a combination of the “Information” and other data or information not subject to this licence.
- “Intellectual property rights”: all rights identified as such under the code de la propriété intellectuelle (including copyright, rights related to copyright, sui generis rights of database producers, etc.).
## About this licence
This licence is intended to be used by administrations for the reuse of their public information. It can also be used by any individual wishing to supply “Information” under the conditions defined in this licence.
France has a comprehensive legal framework aiming at the spontaneous dissemination by the administrations of their public information in order to ensure the widest possible reuse of this information.
The right to “Reuse” the administrations’ “Information” is governed by the code des relations entre le public et l’administration (CRPA).
This licence facilitates the unrestricted and free of charge reuse of public information and is one of the licences which can be used by the administration pursuant to the decree issued under article L. 323-2 of the CRPA.
Under the Prime Minister’s authority, the Etalab mission is mandated to open up the maximum amount of data held by State administrations and public institutions. Etalab has drawn up the Open Licence to facilitate the unrestricted and free of charge reuse of public information, as defined by article L. 321-1 of the CRPA.
This licence is version 2.0 of the Open Licence.
Etalab reserves the right to propose new versions of the Open Licence. Nevertheless, “Reusers” may continue to reuse information obtained under this licence should they so wish.
LICENCE OUVERTE / OPEN LICENCE
===================================================================
- Version 2.0
- Avril 2017
« RÉUTILISATION » DE L’« INFORMATION » SOUS CETTE LICENCE
-------------------------------------------------------------------
Le « Concédant » concède au « Réutilisateur » un droit non exclusif et gratuit
de libre « Réutilisation » de l’« Information » objet de la présente licence,
à des fins commerciales ou non, dans le monde entier et pour une durée
illimitée, dans les conditions exprimées ci-dessous.
Le « Réutilisateur » est libre de réutiliser l’« Information » :
- de la reproduire, la copier,
- de l’adapter, la modifier, l’extraire et la transformer, pour créer des
« Informations dérivées », des produits ou des services,
- de la communiquer, la diffuser, la redistribuer, la publier et la transmettre,
- de l’exploiter à titre commercial, par exemple en la combinant avec d’autres
informations, ou en l’incluant dans son propre produit ou application.
Sous réserve de :
- mentionner la paternité de l’« Information » : sa source (au moins le nom du
« Concédant ») et la date de dernière mise à jour de l’« Information »
réutilisée.
Le « Réutilisateur » peut notamment s’acquitter de cette condition en renvoyant,
par un lien hypertexte, vers la source de « l’Information » et assurant une
mention effective de sa paternité.
Par exemple :
« Ministère de xxx - Données originales téléchargées sur
http://www.data.gouv.fr/fr/datasets/xxx/, mise à jour du 14 février 2017 ».
Cette mention de paternité ne confère aucun caractère officiel à la
« Réutilisation » de l’« Information », et ne doit pas suggérer une quelconque
reconnaissance ou caution par le « Concédant », ou par toute autre entité
publique, du « Réutilisateur » ou de sa « Réutilisation ».
« DONNÉES À CARACTÈRE PERSONNEL »
-------------------------------------------------------------------
L’« Information » mise à disposition peut contenir des « Données à caractère
personnel » pouvant faire l’objet d’une « Réutilisation ». Si tel est le cas,
le « Concédant » informe le « Réutilisateur » de leur présence.
L’« Information » peut être librement réutilisée, dans le cadre des droits
accordés par la présente licence, à condition de respecter le cadre légal
relatif à la protection des données à caractère personnel.
« DROITS DE PROPRIÉTÉ INTELLECTUELLE »
-------------------------------------------------------------------
Il est garanti au « Réutilisateur » que les éventuels « Droits de propriété
intellectuelle » détenus par des tiers ou par le « Concédant » sur
l’« Information » ne font pas obstacle aux droits accordés par la présente
licence.
Lorsque le « Concédant » détient des « Droits de propriété intellectuelle »
cessibles sur l’« Information », il les cède au « Réutilisateur » de façon non
exclusive, à titre gracieux, pour le monde entier, pour toute la durée des
« Droits de propriété intellectuelle », et le « Réutilisateur » peut faire tout
usage de l’« Information » conformément aux libertés et aux conditions définies
par la présente licence.
RESPONSABILITÉ
-------------------------------------------------------------------
L’« Information » est mise à disposition telle que produite ou reçue par le
« Concédant », sans autre garantie expresse ou tacite que celles prévues par la
présente licence. L’absence de défauts ou d’erreurs éventuellement contenues
dans l’« Information », comme la fourniture continue de l’« Information » n’est
pas garantie par le « Concédant ». Il ne peut être tenu pour responsable de
toute perte, préjudice ou dommage de quelque sorte causé à des tiers du fait de
la « Réutilisation ».
Le « Réutilisateur » est seul responsable de la « Réutilisation » de
l’« Information ».
La « Réutilisation » ne doit pas induire en erreur des tiers quant au contenu
de l’« Information », sa source et sa date de mise à jour.
DROIT APPLICABLE
-------------------------------------------------------------------
La présente licence est régie par le droit français.
COMPATIBILITÉ DE LA PRÉSENTE LICENCE
-------------------------------------------------------------------
La présente licence a été conçue pour être compatible avec toute licence libre
qui exige au moins la mention de paternité et notamment avec la version
antérieure de la présente licence ainsi qu’avec les licences :
- « Open Government Licence » (OGL) du Royaume-Uni,
- « Creative Commons Attribution » (CC-BY) de Creative Commons et
- « Open Data Commons Attribution » (ODC-BY) de l’Open Knowledge Foundation.
DÉFINITIONS
-------------------------------------------------------------------
Sont considérés, au sens de la présente licence comme :
Le « Concédant » : toute personne concédant un droit de « Réutilisation » sur
l’« Information » dans les libertés et les conditions prévues par la présente
licence
L’« Information » :
- toute information publique figurant dans des documents communiqués ou publiés
par une administration mentionnée au premier alinéa de l’article L.300-2 du
CRPA;
- toute information mise à disposition par toute personne selon les termes et
conditions de la présente licence.
La « Réutilisation » : l’utilisation de l’« Information » à d’autres fins que
celles pour lesquelles elle a été produite ou reçue.
Le « Réutilisateur »: toute personne qui réutilise les « Informations »
conformément aux conditions de la présente licence.
Des « Données à caractère personnel » : toute information se rapportant à une
personne physique identifiée ou identifiable, pouvant être identifiée
directement ou indirectement. Leur « Réutilisation » est subordonnée au respect
du cadre juridique en vigueur.
Une « Information dérivée » : toute nouvelle donnée ou information créées
directement à partir de l’« Information » ou à partir d’une combinaison de
l’« Information » et d’autres données ou informations non soumises à cette
licence.
Les « Droits de propriété intellectuelle » : tous droits identifiés comme tels
par le Code de la propriété intellectuelle (notamment le droit d’auteur, droits
voisins au droit d’auteur, droit sui generis des producteurs de bases de
données…).
À PROPOS DE CETTE LICENCE
-------------------------------------------------------------------
La présente licence a vocation à être utilisée par les administrations pour la
réutilisation de leurs informations publiques. Elle peut également être
utilisée par toute personne souhaitant mettre à disposition de
l’« Information » dans les conditions définies par la présente licence.
La France est dotée d’un cadre juridique global visant à une diffusion
spontanée par les administrations de leurs informations publiques afin d’en
permettre la plus large réutilisation.
Le droit de la « Réutilisation » de l’« Information » des administrations est
régi par le code des relations entre le public et l’administration (CRPA).
Cette licence facilite la réutilisation libre et gratuite des informations
publiques et figure parmi les licences qui peuvent être utilisées par
l’administration en vertu du décret pris en application de l’article L.323-2
du CRPA.
Etalab est la mission chargée, sous l’autorité du Premier ministre, d’ouvrir le
plus grand nombre de données publiques des administrations de l’Etat et de ses
établissements publics. Elle a réalisé la Licence Ouverte pour faciliter la
réutilisation libre et gratuite de ces informations publiques, telles que
définies par l’article L321-1 du CRPA.
Cette licence est la version 2.0 de la Licence Ouverte.
Etalab se réserve la faculté de proposer de nouvelles versions de la Licence
Ouverte. Cependant, les « Réutilisateurs » pourront continuer à réutiliser les
informations qu’ils ont obtenues sous cette licence s’ils le souhaitent.
LICENCE OUVERTE / OPEN LICENCE
===================================================================
- Version 2.0
- Avril 2017
« RÉUTILISATION » DE L’« INFORMATION » SOUS CETTE LICENCE
-------------------------------------------------------------------
Le « Concédant » concède au « Réutilisateur » un droit non exclusif et gratuit
de libre « Réutilisation » de l’« Information » objet de la présente licence,
à des fins commerciales ou non, dans le monde entier et pour une durée
illimitée, dans les conditions exprimées ci-dessous.
Le « Réutilisateur » est libre de réutiliser l’« Information » :
- de la reproduire, la copier,
- de l’adapter, la modifier, l’extraire et la transformer, pour créer des
« Informations dérivées », des produits ou des services,
- de la communiquer, la diffuser, la redistribuer, la publier et la transmettre,
- de l’exploiter à titre commercial, par exemple en la combinant avec d’autres
informations, ou en l’incluant dans son propre produit ou application.
Sous réserve de :
- mentionner la paternité de l’« Information » : sa source (au moins le nom du
« Concédant ») et la date de dernière mise à jour de l’« Information »
réutilisée.
Le « Réutilisateur » peut notamment s’acquitter de cette condition en renvoyant,
par un lien hypertexte, vers la source de « l’Information » et assurant une
mention effective de sa paternité.
Par exemple :
« Ministère de xxx - Données originales téléchargées sur
http://www.data.gouv.fr/fr/datasets/xxx/, mise à jour du 14 février 2017 ».
Cette mention de paternité ne confère aucun caractère officiel à la
« Réutilisation » de l’« Information », et ne doit pas suggérer une quelconque
reconnaissance ou caution par le « Concédant », ou par toute autre entité
publique, du « Réutilisateur » ou de sa « Réutilisation ».
« DONNÉES À CARACTÈRE PERSONNEL »
-------------------------------------------------------------------
L’« Information » mise à disposition peut contenir des « Données à caractère
personnel » pouvant faire l’objet d’une « Réutilisation ». Si tel est le cas,
le « Concédant » informe le « Réutilisateur » de leur présence.
L’« Information » peut être librement réutilisée, dans le cadre des droits
accordés par la présente licence, à condition de respecter le cadre légal
relatif à la protection des données à caractère personnel.
« DROITS DE PROPRIÉTÉ INTELLECTUELLE »
-------------------------------------------------------------------
Il est garanti au « Réutilisateur » que les éventuels « Droits de propriété
intellectuelle » détenus par des tiers ou par le « Concédant » sur
l’« Information » ne font pas obstacle aux droits accordés par la présente
licence.
Lorsque le « Concédant » détient des « Droits de propriété intellectuelle »
cessibles sur l’« Information », il les cède au « Réutilisateur » de façon non
exclusive, à titre gracieux, pour le monde entier, pour toute la durée des
« Droits de propriété intellectuelle », et le « Réutilisateur » peut faire tout
usage de l’« Information » conformément aux libertés et aux conditions définies
par la présente licence.
RESPONSABILITÉ
-------------------------------------------------------------------
L’« Information » est mise à disposition telle que produite ou reçue par le
« Concédant », sans autre garantie expresse ou tacite que celles prévues par la
présente licence. L’absence de défauts ou d’erreurs éventuellement contenues
dans l’« Information », comme la fourniture continue de l’« Information » n’est
pas garantie par le « Concédant ». Il ne peut être tenu pour responsable de
toute perte, préjudice ou dommage de quelque sorte causé à des tiers du fait de
la « Réutilisation ».
Le « Réutilisateur » est seul responsable de la « Réutilisation » de
l’« Information ».
La « Réutilisation » ne doit pas induire en erreur des tiers quant au contenu
de l’« Information », sa source et sa date de mise à jour.
DROIT APPLICABLE
-------------------------------------------------------------------
La présente licence est régie par le droit français.
COMPATIBILITÉ DE LA PRÉSENTE LICENCE
-------------------------------------------------------------------
La présente licence a été conçue pour être compatible avec toute licence libre
qui exige au moins la mention de paternité et notamment avec la version
antérieure de la présente licence ainsi qu’avec les licences :
- « Open Government Licence » (OGL) du Royaume-Uni,
- « Creative Commons Attribution » (CC-BY) de Creative Commons et
- « Open Data Commons Attribution » (ODC-BY) de l’Open Knowledge Foundation.
DÉFINITIONS
-------------------------------------------------------------------
Sont considérés, au sens de la présente licence comme :
Le « Concédant » : toute personne concédant un droit de « Réutilisation » sur
l’« Information » dans les libertés et les conditions prévues par la présente
licence
L’« Information » :
- toute information publique figurant dans des documents communiqués ou publiés
par une administration mentionnée au premier alinéa de l’article L.300-2 du
CRPA;
- toute information mise à disposition par toute personne selon les termes et
conditions de la présente licence.
La « Réutilisation » : l’utilisation de l’« Information » à d’autres fins que
celles pour lesquelles elle a été produite ou reçue.
Le « Réutilisateur »: toute personne qui réutilise les « Informations »
conformément aux conditions de la présente licence.
Des « Données à caractère personnel » : toute information se rapportant à une
personne physique identifiée ou identifiable, pouvant être identifiée
directement ou indirectement. Leur « Réutilisation » est subordonnée au respect
du cadre juridique en vigueur.
Une « Information dérivée » : toute nouvelle donnée ou information créées
directement à partir de l’« Information » ou à partir d’une combinaison de
l’« Information » et d’autres données ou informations non soumises à cette
licence.
Les « Droits de propriété intellectuelle » : tous droits identifiés comme tels
par le Code de la propriété intellectuelle (notamment le droit d’auteur, droits
voisins au droit d’auteur, droit sui generis des producteurs de bases de
données…).
À PROPOS DE CETTE LICENCE
-------------------------------------------------------------------
La présente licence a vocation à être utilisée par les administrations pour la
réutilisation de leurs informations publiques. Elle peut également être
utilisée par toute personne souhaitant mettre à disposition de
l’« Information » dans les conditions définies par la présente licence.
La France est dotée d’un cadre juridique global visant à une diffusion
spontanée par les administrations de leurs informations publiques afin d’en
permettre la plus large réutilisation.
Le droit de la « Réutilisation » de l’« Information » des administrations est
régi par le code des relations entre le public et l’administration (CRPA).
Cette licence facilite la réutilisation libre et gratuite des informations
publiques et figure parmi les licences qui peuvent être utilisées par
l’administration en vertu du décret pris en application de l’article L.323-2
du CRPA.
Etalab est la mission chargée, sous l’autorité du Premier ministre, d’ouvrir le
plus grand nombre de données publiques des administrations de l’Etat et de ses
établissements publics. Elle a réalisé la Licence Ouverte pour faciliter la
réutilisation libre et gratuite de ces informations publiques, telles que
définies par l’article L321-1 du CRPA.
Cette licence est la version 2.0 de la Licence Ouverte.
Etalab se réserve la faculté de proposer de nouvelles versions de la Licence
Ouverte. Cependant, les « Réutilisateurs » pourront continuer à réutiliser les
informations qu’ils ont obtenues sous cette licence s’ils le souhaitent.
EU DataGrid Software License
Copyright (c) 2001 EU DataGrid. All rights reserved.
This software includes voluntary contributions made to the EU DataGrid. For more information on the EU DataGrid, please see http://www.eu-datagrid.org/.
Installation, use, reproduction, display, modification and redistribution of this software, with or without modification, in source and binary forms, are permitted. Any exercise of rights under this license by you or your sub-licensees is subject to the following conditions:
1. Redistributions of this software, with or without modification, must reproduce the above copyright notice and the above license statement as well as this list of conditions, in the software, the user documentation and any other materials provided with the software.
2. The user documentation, if any, included with a redistribution, must include the following notice: "This product includes software developed by the EU DataGrid (http://www.eu-datagrid.org/)."
Alternatively, if that is where third-party acknowledgments normally appear, this acknowledgment must be reproduced in the software itself.
3. The names "EDG", "EDG Toolkit", and "EU DataGrid Project" may not be used to endorse or promote software, or products derived therefrom, except with prior written permission by hep-project-grid-edg-license@cern.ch.
4. You are under no obligation to provide anyone with any bug fixes, patches, upgrades or other modifications, enhancements or derivatives of the features,functionality or performance of this software that you may develop. However, if you publish or distribute your modifications, enhancements or derivative works without contemporaneously requiring users to enter into a separate written license agreement, then you are deemed to have granted participants in the EU DataGrid a worldwide, non-exclusive, royalty-free, perpetual license to install, use, reproduce, display, modify, redistribute and sub-license your modifications, enhancements or derivative works, whether in binary or source code form, under the license conditions stated in this list of conditions.
5. DISCLAIMER
THIS SOFTWARE IS PROVIDED BY THE EU DATAGRID AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE EU DATAGRID AND CONTRIBUTORS MAKE NO REPRESENTATION THAT THE SOFTWARE, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.
6. LIMITATION OF LIABILITY
THE EU DATAGRID AND CONTRIBUTORS SHALL HAVE NO LIABILITY TO LICENSEE OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
European Union Public Licence V.1.0
EUPL © the European Community 2007
This European Union Public Licence (the "EUPL") applies to the Work or Software (as defined below) which is provided under the terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such use is covered by a right of the copyright holder of the Work). The Original Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following notice immediately following the copyright notice for the Original Work:
Licensed under the EUPL V.1.0
or has expressed by any other mean his willingness to license under the EUPL.
1. Definitions. In this Licence, the following terms have the following meaning:
- The Licence: this Licence.
- The Original Work or the Software: the software distributed and/or communicated by the Licensor under this Licence, available as Source Code and also as Executable Code as the case may be.
- Derivative Works: the works or software that could be created by the Licensee, based upon the Original Work or modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in the country mentioned in Article 15.
- The Work: the Original Work and/or its Derivative Works.
- The Source Code: the human-readable form of the Work which is the most convenient for people to study and modify.
- The Executable Code: any code which has generally been compiled and which is meant to be interpreted by a computer as a program.
- The Licensor: the natural or legal person that distributes and/or communicates the Work under the Licence.
- Contributor(s): any natural or legal person who modifies the Work under the Licence, or otherwise contributes to the creation of a Derivative Work.
- The Licensee or "You": any natural or legal person who makes any usage of the Software under the terms of the Licence. - Distribution and/or Communication: any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, on-line or off-line, copies of the Work at the disposal of any other natural or legal person.
2. Scope of the rights granted by the Licence
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-licensable licence to do the following, for the duration of copyright vested in the Original Work:
- use the Work in any circumstance and for all usage,
- reproduce the Work,
- modify the Original Work, and make Derivative Works based upon the Work,
- communicate to the public, including the right to make available or display the Work or copies thereof to the public and perform publicly, as the case may be, the Work,
- distribute the Work or copies thereof,
- lend and rent the Work or copies thereof,
- sub-license rights in the Work or copies thereof.
Those rights can be exercised on any media, supports and formats, whether now known or later invented, as far as the applicable law permits so. In the countries where moral rights apply, the Licensor waives his right to exercise his moral right to the extent allowed by law in order to make effective the licence of the economic rights here above listed.
The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any patents held by the Licensor, to the extent necessary to make use of the rights granted on the Work under this Licence.
3. Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as Executable Code. If the Work is provided as Executable Code, the Licensor provides in addition a machine readable copy of the Source Code of the Work along with each copy of the Work that the Licensor distributes or indicates, in a notice following the copyright notice attached to the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to distribute and/or communicate the Work.
4. Limitations on copyright
Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception or limitation to the exclusive rights of the rights owners in the Original Work or Software, of the exhaustion of those rights or of other applicable limitations thereto.
5. Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions and obligations imposed on the Licensee. Those obligations are the following:
Attribution right: the Licensee shall keep intact all copyright, patent or trademarks notices and all notices that refer to the Licence and to the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the Licence with every copy of the Work he/she distributes and/or communicates. The Licensee must cause any Derivative Work to carry prominent notices stating that the Work has been modified and the date of modification.
Copyleft clause: If the Licensee distributes and/or communicates copies of the Original Works or Derivative Works based upon the Original Work, this Distribution and/or Communication will be done under the terms of this Licence. The Licensee (becoming Licensor) cannot offer or impose any additional terms or conditions on the Work or Derivative Work that alter or restrict the terms of the Licence.
Compatibility clause: If the Licensee Distributes and/or Communicates Derivative Works or copies thereof based upon both the Original Work and another work licensed under a Compatible Licence, this Distribution and/or Communication can be done under the terms of this Compatible Licence. For the sake of this clause, "Compatible Licence" refers to the licences listed in the appendix attached to this Licence. Should the Licensee’s obligations under the Compatible Licence conflict with his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail.
Provision of Source Code: When distributing and/or communicating copies of the Work, the Licensee will provide a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available for as long as the Licensee continues to distribute and/or communicate the Work.
Legal Protection: This Licence does not grant permission to use the trade names, trademarks, service marks, or names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the copyright notice.
6. Chain of Authorship
The original Licensor warrants that the copyright in the Original Work granted hereunder is owned by him/her or licensed to him/her and that he/she has the power and authority to grant the Licence. Each Contributor warrants that the copyright in the modifications he/she brings to the Work are owned by him/her or licensed to him/her and that he/she has the power and authority to grant the Licence. Each time You, as a Licensee, receive the Work, the original Licensor and subsequent Contributors grant You a licence to their contributions to the Work, under the terms of this Licence.
7. Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerous contributors. It is not a finished work and may therefore contain defects or "bugs" inherent to this type of software development. For the above reason, the Work is provided under the Licence on an "as is" basis and without warranties of any kind concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 6 of this Licence. This disclaimer of warranty is an essential part of the Licence and a condition for the grant of any rights to the Work.
8. Disclaimer of Liability
Except in the cases of wilful misconduct or damages directly caused to natural persons, the
Licensor will in no event be liable for any direct or indirect, material or moral, damages of
any kind, arising out of the Licence or of the use of the Work, including without limitation,
damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or
any commercial damage, even if the Licensor has been advised of the possibility of such
damage. However, the Licensor will be liable under statutory product liability laws as far such
laws apply to the Work.
9. Additional agreements
While distributing the Original Work or Derivative Works, You may choose to conclude an
additional agreement to offer, and charge a fee for, acceptance of support, warranty,
indemnity, or other liability obligations and/or services consistent with this Licence.
However, in accepting such obligations, You may act only on your own behalf and on your
sole responsibility, not on behalf of the original Licensor or any other Contributor, and only if
You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred
by, or claims asserted against such Contributor by the fact You have accepted any such
warranty or additional liability.
10. Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an icon "I agree" placed under
the bottom of a window displaying the text of this Licence or by affirming consent in any
other similar way, in accordance with the rules of applicable law. Clicking on that icon
indicates your clear and irrevocable acceptance of this Licence and all of its terms and conditions.
Similarly, you irrevocably accept this Licence and all of its terms and conditions by
exercising any rights granted to You by Article 2 of this Licence, such as the use of the Work,
the creation by You of a Derivative Work or the Distribution and/or Communication by You
of the Work or copies thereof.
11. Information to the public
In case of any Distribution and/or Communication of the Work by means of electronic
communication by You (for example, by offering to download the Work from a remote
location) the distribution channel or media (for example, a website) must at least provide to
the public the information requested by the applicable law regarding the identification and
address of the Licensor, the Licence and the way it may be accessible, concluded, stored and
reproduced by the Licensee.
12. Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically upon any breach by
the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who has received the Work
from the Licensee under the Licence, provided such persons remain in full compliance with
the Licence.
13. Miscellaneous
Without prejudice of Article 9 above, the Licence represents the complete agreement between
the Parties as to the Work licensed hereunder.
If any provision of the Licence is invalid or unenforceable under applicable law, this will not
affect the validity or enforceability of the Licence as a whole. Such provision will be
construed and/or reformed so as necessary to make it valid and enforceable.
The European Commission may put into force translations and/or binding new versions of
this Licence, so far this is required and reasonable. New versions of the Licence will be
published with a unique version number. The new version of the Licence becomes binding for
You as soon as You become aware of its publication.
14. Jurisdiction
Any litigation resulting from the interpretation of this License, arising between the European
Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court
of Justice of the European Communities, as laid down in article 238 of the Treaty establishing
the European Community.
Any litigation arising between Parties, other than the European Commission, and resulting
from the interpretation of this License, will be subject to the exclusive jurisdiction of the
competent court where the Licensor resides or conducts its primary business.
15. Applicable Law
This Licence shall be governed by the law of the European Union country where the Licensor resides or has his registered office.
This licence shall be governed by the Belgian law if:
- a litigation arises between the European Commission, as a Licensor, and any Licensee;
- the Licensor, other than the European Commission, has no residence or registered office inside a European Union country.
===Appendix
"Compatible Licences" according to article 5 EUPL are:
- General Public License (GPL) v. 2
- Open Software License (OSL) v. 2.1, v. 3.0
- Common Public License v. 1.0
- Eclipse Public License v. 1.0
- Cecill v. 2.0
European Union Public Licence
V. 1.1
EUPL © the European Community 2007
This European Union Public Licence (the "EUPL") applies to the Work or Software
(as defined below) which is provided under the terms of this Licence. Any use of the
Work, other than as authorised under this Licence is prohibited (to the extent such use
is covered by a right of the copyright holder of the Work).
The Original Work is provided under the terms of this Licence when the Licensor (as
defined below) has placed the following notice immediately following the copyright
notice for the Original Work:
Licensed under the EUPL V.1.1
or has expressed by any other mean his willingness to license under the EUPL.
1. Definitions
In this Licence, the following terms have the following meaning:
- The Licence: this Licence.
- The Original Work or the Software: the software distributed and/or communicated
by the Licensor under this Licence, available as Source Code and also as Executable
Code as the case may be.
- Derivative Works: the works or software that could be created by the Licensee,
based upon the Original Work or modifications thereof. This Licence does not define
the extent of modification or dependence on the Original Work required in order to
classify a work as a Derivative Work; this extent is determined by copyright law
applicable in the country mentioned in Article 15.
- The Work: the Original Work and/or its Derivative Works.
- The Source Code: the human-readable form of the Work which is the most
convenient for people to study and modify.
- The Executable Code: any code which has generally been compiled and which is
meant to be interpreted by a computer as a program.
- The Licensor: the natural or legal person that distributes and/or communicates the
Work under the Licence.
- Contributor(s): any natural or legal person who modifies the Work under the
Licence, or otherwise contributes to the creation of a Derivative Work.
- The Licensee or "You": any natural or legal person who makes any usage of the
Software under the terms of the Licence.
- Distribution and/or Communication: any act of selling, giving, lending, renting,
distributing, communicating, transmitting, or otherwise making available, on-line or
off-line, copies of the Work or providing access to its essential functionalities at the
disposal of any other natural or legal person.
2. Scope of the rights granted by the Licence
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-
licensable licence to do the following, for the duration of copyright vested in the
Original Work:
- use the Work in any circumstance and for all usage,
- reproduce the Work,
- modify the Original Work, and make Derivative Works based upon the Work,
- communicate to the public, including the right to make available or display the
Work or copies thereof to the public and perform publicly, as the case may be,
the Work,
- distribute the Work or copies thereof,
- lend and rent the Work or copies thereof,
- sub-license rights in the Work or copies thereof.
Those rights can be exercised on any media, supports and formats, whether now
known or later invented, as far as the applicable law permits so.
In the countries where moral rights apply, the Licensor waives his right to exercise his
moral right to the extent allowed by law in order to make effective the licence of the
economic rights here above listed.
The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any
patents held by the Licensor, to the extent necessary to make use of the rights granted
on the Work under this Licence.
3. Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as Executable
Code. If the Work is provided as Executable Code, the Licensor provides in addition a
machine-readable copy of the Source Code of the Work along with each copy of the
Work that the Licensor distributes or indicates, in a notice following the copyright
notice attached to the Work, a repository where the Source Code is easily and freely
accessible for as long as the Licensor continues to distribute and/or communicate the
Work.
4. Limitations on copyright
Nothing in this Licence is intended to deprive the Licensee of the benefits from any
exception or limitation to the exclusive rights of the rights owners in the Original
Work or Software, of the exhaustion of those rights or of other applicable limitations
thereto.
5. Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions and obligations
imposed on the Licensee. Those obligations are the following:
Attribution right: the Licensee shall keep intact all copyright, patent or trademarks
notices and all notices that refer to the Licence and to the disclaimer of warranties.
The Licensee must include a copy of such notices and a copy of the Licence with
every copy of the Work he/she distributes and/or communicates. The Licensee must
cause any Derivative Work to carry prominent notices stating that the Work has been
modified and the date of modification.
Copyleft clause: If the Licensee distributes and/or communicates copies of the
Original Works or Derivative Works based upon the Original Work, this Distribution
and/or Communication will be done under the terms of this Licence or of a later
version of this Licence unless the Original Work is expressly distributed only under
this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose
any additional terms or conditions on the Work or Derivative Work that alter or
restrict the terms of the Licence.
Compatibility clause: If the Licensee Distributes and/or Communicates Derivative
Works or copies thereof based upon both the Original Work and another work
licensed under a Compatible Licence, this Distribution and/or Communication can be
done under the terms of this Compatible Licence. For the sake of this clause,
"Compatible Licence" refers to the licences listed in the appendix attached to this
Licence. Should the Licensee’s obligations under the Compatible Licence conflict
with his/her obligations under this Licence, the obligations of the Compatible Licence
shall prevail.
Provision of Source Code: When distributing and/or communicating copies of the
Work, the Licensee will provide a machine-readable copy of the Source Code or
indicate a repository where this Source will be easily and freely available for as long
as the Licensee continues to distribute and/or communicate the Work.
Legal Protection: This Licence does not grant permission to use the trade names,
trademarks, service marks, or names of the Licensor, except as required for
reasonable and customary use in describing the origin of the Work and reproducing
the content of the copyright notice.
6. Chain of Authorship
The original Licensor warrants that the copyright in the Original Work granted
hereunder is owned by him/her or licensed to him/her and that he/she has the power
and authority to grant the Licence.
Each Contributor warrants that the copyright in the modifications he/she brings to the
Work are owned by him/her or licensed to him/her and that he/she has the power and
authority to grant the Licence.
Each time You accept the Licence, the original Licensor and subsequent Contributors
grant You a licence to their contributions to the Work, under the terms of this
Licence.
7. Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerous
contributors. It is not a finished work and may therefore contain defects or "bugs"
inherent to this type of software development.
For the above reason, the Work is provided under the Licence on an "as is" basis and
without warranties of any kind concerning the Work, including without limitation
merchantability, fitness for a particular purpose, absence of defects or errors,
accuracy, non-infringement of intellectual property rights other than copyright as
stated in Article 6 of this Licence.
This disclaimer of warranty is an essential part of the Licence and a condition for the
grant of any rights to the Work.
8. Disclaimer of Liability
Except in the cases of wilful misconduct or damages directly caused to natural
persons, the Licensor will in no event be liable for any direct or indirect, material or
moral, damages of any kind, arising out of the Licence or of the use of the Work,
including without limitation, damages for loss of goodwill, work stoppage, computer
failure or malfunction, loss of data or any commercial damage, even if the Licensor
has been advised of the possibility of such damage. However, the Licensor will be
liable under statutory product liability laws as far such laws apply to the Work.
9. Additional agreements
While distributing the Original Work or Derivative Works, You may choose to
conclude an additional agreement to offer, and charge a fee for, acceptance of support,
warranty, indemnity, or other liability obligations and/or services consistent with this
Licence. However, in accepting such obligations, You may act only on your own
behalf and on your sole responsibility, not on behalf of the original Licensor or any
other Contributor, and only if You agree to indemnify, defend, and hold each
Contributor harmless for any liability incurred by, or claims asserted against such
Contributor by the fact You have accepted any such warranty or additional liability.
10. Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an icon "I agree"
placed under the bottom of a window displaying the text of this Licence or by
affirming consent in any other similar way, in accordance with the rules of applicable
law. Clicking on that icon indicates your clear and irrevocable acceptance of this
Licence and all of its terms and conditions.
Similarly, you irrevocably accept this Licence and all of its terms and conditions by
exercising any rights granted to You by Article 2 of this Licence, such as the use of
the Work, the creation by You of a Derivative Work or the Distribution and/or
Communication by You of the Work or copies thereof.
11. Information to the public
In case of any Distribution and/or Communication of the Work by means of electronic
communication by You (for example, by offering to download the Work from a
remote location) the distribution channel or media (for example, a website) must at
least provide to the public the information requested by the applicable law regarding
the Licensor, the Licence and the way it may be accessible, concluded, stored and
reproduced by the Licensee.
12. Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically upon any
breach by the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who has received the
Work from the Licensee under the Licence, provided such persons remain in full
compliance with the Licence.
13. Miscellaneous
Without prejudice of Article 9 above, the Licence represents the complete agreement
between the Parties as to the Work licensed hereunder.
If any provision of the Licence is invalid or unenforceable under applicable law, this
will not affect the validity or enforceability of the Licence as a whole. Such provision
will be construed and/or reformed so as necessary to make it valid and enforceable.
The European Commission may publish other linguistic versions and/or new versions
of this Licence, so far this is required and reasonable, without reducing the scope of
the rights granted by the Licence. New versions of the Licence will be published with
a unique version number.
All linguistic versions of this Licence, approved by the European Commission, have
identical value. Parties can take advantage of the linguistic version of their choice.
14. Jurisdiction
Any litigation resulting from the interpretation of this License, arising between the
European Commission, as a Licensor, and any Licensee, will be subject to the
jurisdiction of the Court of Justice of the European Communities, as laid down in
article 238 of the Treaty establishing the European Community.
Any litigation arising between Parties, other than the European Commission, and
resulting from the interpretation of this License, will be subject to the exclusive
jurisdiction of the competent court where the Licensor resides or conducts its primary
business.
15. Applicable Law
This Licence shall be governed by the law of the European Union country where the
Licensor resides or has his registered office.
This licence shall be governed by the Belgian law if:
- a litigation arises between the European Commission, as a Licensor, and any
Licensee;
- the Licensor, other than the European Commission, has no residence or
registered office inside a European Union country.
EUROPEAN UNION PUBLIC LICENCE v. 1.2
EUPL © the European Union 2007, 2016
This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined below) which is provided under the terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such use is covered by a right of the copyright holder of the Work).
The Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following notice immediately following the copyright notice for the Work:
Licensed under the EUPL
or has expressed by any other means his willingness to license under the EUPL.
1.Definitions
In this Licence, the following terms have the following meaning:
— ‘The Licence’:this Licence.
— ‘The Original Work’:the work or software distributed or communicated by the Licensor under this Licence, available as Source Code and also as Executable Code as the case may be.
— ‘Derivative Works’:the works or software that could be created by the Licensee, based upon the Original Work or modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in the country mentioned in Article 15.
— ‘The Work’:the Original Work or its Derivative Works.
— ‘The Source Code’:the human-readable form of the Work which is the most convenient for people to study and modify.
— ‘The Executable Code’:any code which has generally been compiled and which is meant to be interpreted by a computer as a program.
— ‘The Licensor’:the natural or legal person that distributes or communicates the Work under the Licence.
— ‘Contributor(s)’:any natural or legal person who modifies the Work under the Licence, or otherwise contributes to the creation of a Derivative Work.
— ‘The Licensee’ or ‘You’:any natural or legal person who makes any usage of the Work under the terms of the Licence.
— ‘Distribution’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential functionalities at the disposal of any other natural or legal person.
2.Scope of the rights granted by the Licence
The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, sublicensable licence to do the following, for the duration of copyright vested in the Original Work:
— use the Work in any circumstance and for all usage,
— reproduce the Work,
— modify the Work, and make Derivative Works based upon the Work,
— communicate to the public, including the right to make available or display the Work or copies thereof to the public and perform publicly, as the case may be, the Work,
— distribute the Work or copies thereof,
— lend and rent the Work or copies thereof,
— sublicense rights in the Work or copies thereof.
Those rights can be exercised on any media, supports and formats, whether now known or later invented, as far as the applicable law permits so.
In the countries where moral rights apply, the Licensor waives his right to exercise his moral right to the extent allowed by law in order to make effective the licence of the economic rights here above listed.
The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to any patents held by the Licensor, to the extent necessary to make use of the rights granted on the Work under this Licence.
3.Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as Executable Code. If the Work is provided as Executable Code, the Licensor provides in addition a machine-readable copy of the Source Code of the Work along with each copy of the Work that the Licensor distributes or indicates, in a notice following the copyright notice attached to the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to distribute or communicate the Work.
4.Limitations on copyright
Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception or limitation to the exclusive rights of the rights owners in the Work, of the exhaustion of those rights or of other applicable limitations thereto.
5.Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions and obligations imposed on the Licensee. Those obligations are the following:
Attribution right: The Licensee shall keep intact all copyright, patent or trademarks notices and all notices that refer to the Licence and to the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the Licence with every copy of the Work he/she distributes or communicates. The Licensee must cause any Derivative Work to carry prominent notices stating that the Work has been modified and the date of modification.
Copyleft clause: If the Licensee distributes or communicates copies of the Original Works or Derivative Works, this Distribution or Communication will be done under the terms of this Licence or of a later version of this Licence unless the Original Work is expressly distributed only under this version of the Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot offer or impose any additional terms or conditions on the Work or Derivative Work that alter or restrict the terms of the Licence.
Compatibility clause: If the Licensee Distributes or Communicates Derivative Works or copies thereof based upon both the Work and another work licensed under a Compatible Licence, this Distribution or Communication can be done under the terms of this Compatible Licence. For the sake of this clause, ‘Compatible Licence’ refers to the licences listed in the appendix attached to this Licence. Should the Licensee's obligations under the Compatible Licence conflict with his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail.
Provision of Source Code: When distributing or communicating copies of the Work, the Licensee will provide a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available for as long as the Licensee continues to distribute or communicate the Work.
Legal Protection: This Licence does not grant permission to use the trade names, trademarks, service marks, or names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the copyright notice.
6.Chain of Authorship
The original Licensor warrants that the copyright in the Original Work granted hereunder is owned by him/her or licensed to him/her and that he/she has the power and authority to grant the Licence.
Each Contributor warrants that the copyright in the modifications he/she brings to the Work are owned by him/her or licensed to him/her and that he/she has the power and authority to grant the Licence.
Each time You accept the Licence, the original Licensor and subsequent Contributors grant You a licence to their contributions to the Work, under the terms of this Licence.
7.Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerous Contributors. It is not a finished work and may therefore contain defects or ‘bugs’ inherent to this type of development.
For the above reason, the Work is provided under the Licence on an ‘as is’ basis and without warranties of any kind concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 6 of this Licence.
This disclaimer of warranty is an essential part of the Licence and a condition for the grant of any rights to the Work.
8.Disclaimer of Liability
Except in the cases of wilful misconduct or damages directly caused to natural persons, the Licensor will in no event be liable for any direct or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the Work, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or any commercial damage, even if the Licensor has been advised of the possibility of such damage. However, the Licensor will be liable under statutory product liability laws as far such laws apply to the Work.
9.Additional agreements
While distributing the Work, You may choose to conclude an additional agreement, defining obligations or services consistent with this Licence. However, if accepting obligations, You may act only on your own behalf and on your sole responsibility, not on behalf of the original Licensor or any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against such Contributor by the fact You have accepted any warranty or additional liability.
10.Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ placed under the bottom of a window displaying the text of this Licence or by affirming consent in any other similar way, in accordance with the rules of applicable law. Clicking on that icon indicates your clear and irrevocable acceptance of this Licence and all of its terms and conditions.
Similarly, you irrevocably accept this Licence and all of its terms and conditions by exercising any rights granted to You by Article 2 of this Licence, such as the use of the Work, the creation by You of a Derivative Work or the Distribution or Communication by You of the Work or copies thereof.
11.Information to the public
In case of any Distribution or Communication of the Work by means of electronic communication by You (for example, by offering to download the Work from a remote location) the distribution channel or media (for example, a website) must at least provide to the public the information requested by the applicable law regarding the Licensor, the Licence and the way it may be accessible, concluded, stored and reproduced by the Licensee.
12.Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically upon any breach by the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who has received the Work from the Licensee under the Licence, provided such persons remain in full compliance with the Licence.
13.Miscellaneous
Without prejudice of Article 9 above, the Licence represents the complete agreement between the Parties as to the Work.
If any provision of the Licence is invalid or unenforceable under applicable law, this will not affect the validity or enforceability of the Licence as a whole. Such provision will be construed or reformed so as necessary to make it valid and enforceable.
The European Commission may publish other linguistic versions or new versions of this Licence or updated versions of the Appendix, so far this is required and reasonable, without reducing the scope of the rights granted by the Licence.
New versions of the Licence will be published with a unique version number.
All linguistic versions of this Licence, approved by the European Commission, have identical value. Parties can take advantage of the linguistic version of their choice.
14.Jurisdiction
Without prejudice to specific agreement between parties,
— any litigation resulting from the interpretation of this License, arising between the European Union institutions, bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union,
— any litigation arising between other parties and resulting from the interpretation of this License, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.
15.Applicable Law
Without prejudice to specific agreement between parties,
— this Licence shall be governed by the law of the European Union Member State where the Licensor has his seat, resides or has his registered office,
— this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside a European Union Member State.
Licence Version 2
This software is provided 'as-is', without warranty of any kind, express or implied. In no event will the authors or copyright holders be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. You must not use any of the names of the authors or copyright holders of the original software for advertising or publicity pertaining to distribution without specific, written prior permission.
4. If you change this software and redistribute parts or all of it in any form, you must make the source code of the altered version of this software available.
5. This notice may not be removed or altered from any source distribution.
This licence is governed by the Laws of Germany. Disputes shall be settled by Saarbruecken City Court.
DISCLAIMER:
DISCLAIMER OF WARRANTY
THIS SOFTWARE AND MANUAL ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY
OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE
OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO
WHICH THIS PROGRAM MAY BE PUT, NO WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING
PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED
WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER
MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THE
DEVELOPER DOES NOT RETAIN ANY LIABILITY ON ANY DAMAGE
CAUSED THROUGH THE USE OF THIS PRODUCT.
//////////////////////////////////////////////////////////////
LICENSE TO USE:
You are permitted to use this program freely. You, however,
are not permitted to decompile this program or use it as a
portion of any other application.
You are permitted to freely distribute this program and its
associated files provided that (1) You do not charge a fee for
its distribution, (2) you do not include it as a part of a
commercial offering, and (3) you do distribute all
accompanying files together. If you wish to include ExamDiff
as a part of a commercial offering, written permission
from the author is required.
Deviations of the above are considered a breach of the
copyright on this application.
EXAONE AI Model License Agreement 1.1 - NC
This License Agreement (“Agreement”) is entered into between you (“Licensee”) and LG Management Development
Institute Co., Ltd. (“Licensor”), governing the use of the EXAONE AI Model (“Model”). By downloading,
installing, copying, or using the Model, you agree to comply with and be bound by the terms of this Agreement.
If you do not agree to all the terms, you must not download, install, copy, or use the Model. This Agreement
constitutes a binding legal agreement between the Licensee and Licensor.
1. Definitions
1.1 Model: The artificial intelligence model provided by Licensor, which includes any software,
algorithms, machine learning models, or related components supplied by Licensor. This definition extends
to encompass all updates, enhancements, improvements, bug fixes, patches, or other modifications that may
be provided by Licensor from time to time, whether automatically or manually implemented.
1.2 Derivatives: Any modifications, alterations, enhancements, improvements, adaptations, or derivative
works of the Model created by Licensee or any third party. This includes changes made to the Model's
architecture, parameters, data processing methods, or any other aspect of the Model that results in a
modification of its functionality or output.
1.3 Output: Any data, results, content, predictions, analyses, insights, or other materials generated by
the Model or Derivatives, regardless of whether they are in their original form or have been further
processed or modified by the Licensee. This includes, but is not limited to, textual or numerical produced
directly or indirectly through the use of the Model.
1.4 Licensor: LG Management Development Institute Co., Ltd., the owner, developer, and provider of the
EXAONE AI Model. The Licensor holds all rights, title, and interest in the Model and is responsible for
granting licenses to use the Model under the terms specified in this Agreement.
1.5 Licensee: The individual, organization, corporation, academic institution, government agency, or other
entity using or intending to use the Model under the terms and conditions of this Agreement. The Licensee
is responsible for ensuring compliance with the Agreement by all authorized users who access or utilize
the Model on behalf of the Licensee.
2. License Grant
2.1 Grant of License: Subject to the terms and conditions outlined in this Agreement, the Licensor hereby
grants the Licensee a limited, non-exclusive, non-transferable, worldwide, and revocable license to:
a. Access, download, install, and use the Model solely for research purposes. This includes
evaluation, testing, academic research, experimentation, and participation in competitions, provided
that such participation is in a non-commercial context. Notwithstanding Section 3.1, the Licensee may
only provide the Model or Derivatives for a competition if no commercial license is granted to the
competition organizer or any third party.
b. Publicly disclose research results and findings derived from the use of the Model or Derivatives,
including publishing papers or presentations.
c. Modify the Model and create Derivatives based on the Model, provided that such modifications and
Derivatives are used exclusively for research purposes. The Licensee may conduct experiments, perform
analyses, and apply custom modifications to the Model to explore its capabilities and performance
under various scenarios. If the Model is modified, the modified Model must include “EXAONE” at the
beginning of its name.
d. Distribute the Model and Derivatives in each case with a copy of this Agreement.
2.2 Scope of License: The license granted herein does not authorize the Licensee to use the Model for any
purpose not explicitly permitted under this Agreement. Any use beyond the scope of this license, including
any commercial application or external distribution, is strictly prohibited unless explicitly agreed upon
in writing by the Licensor.
3. Restrictions
3.1 Commercial Use: The Licensee is expressly prohibited from using the Model, Derivatives, or Output for
any commercial purposes, including but not limited to, developing or deploying products, services, or
applications that generate revenue, whether directly or indirectly. Any commercial exploitation of the
Model or its derivatives requires a separate commercial license agreement with the Licensor. Furthermore,
the Licensee shall not use the Model, Derivatives or Output to develop or improve other models.
3.2 Reverse Engineering: The Licensee shall not decompile, disassemble, reverse engineer, or attempt to
derive the source code, underlying ideas, algorithms, or structure of the Model, except to the extent that
such activities are expressly permitted by applicable law. Any attempt to bypass or circumvent
technological protection measures applied to the Model is strictly prohibited.
3.3 Unlawful Use: The Licensee shall not use the Model and Derivatives for any illegal, fraudulent, or
unauthorized activities, nor for any purpose that violates applicable laws or regulations. This includes
but is not limited to the creation, distribution, or dissemination of malicious, deceptive, or unlawful
content.
3.4 Ethical Use: The Licensee shall ensure that the Model or Derivatives is used in an ethical and
responsible manner, adhering to the following guidelines:
a. The Model and Derivatives shall not be used to generate, propagate, or amplify false, misleading,
or harmful information, including fake news, misinformation, or disinformation.
b. The Model and Derivatives shall not be employed to create, distribute, or promote content that is
discriminatory, harassing, defamatory, abusive, or otherwise offensive to individuals or groups based
on race, gender, sexual orientation, religion, nationality, or other protected characteristics.
c. The Model and Derivatives shall not infringe on the rights of others, including intellectual
property rights, privacy rights, or any other rights recognized by law. The Licensee shall obtain all
necessary permissions and consents before using the Model and Derivatives in a manner that may impact
the rights of third parties.
d. The Model and Derivatives shall not be used in a way that causes harm, whether physical, mental,
emotional, or financial, to individuals, organizations, or communities. The Licensee shall take all
reasonable measures to prevent misuse or abuse of the Model and Derivatives that could result in harm
or injury.
4. Ownership
4.1 Intellectual Property: All rights, title, and interest in and to the Model, including any
modifications, Derivatives, and associated documentation, are and shall remain the exclusive property of
the Licensor. The Licensee acknowledges that this Agreement does not transfer any ownership rights to the
Licensee. All trademarks, service marks, and logos associated with the Model are the property of the
Licensor.
4.2 Output: All rights, title, and interest in and to the Output generated by the Model and Derivatives
whether in its original form or modified, are and shall remain the exclusive property of the Licensor.
Licensee may use, modify, and distribute the Output and its derivatives for research purpose. The Licensee
shall not claim ownership of the Output except as expressly provided in this Agreement. The Licensee may
use the Output solely for the purposes permitted under this Agreement and shall not exploit the Output for
unauthorized or commercial purposes.
4.3 Attribution: In any publication or presentation of results obtained using the Model, the Licensee
shall provide appropriate attribution to the Licensor, citing the Model's name and version, along with any
relevant documentation or references specified by the Licensor.
5. No Warranty
5.1 “As-Is” Basis: The Model, Derivatives, and Output are provided on an “as-is” and “as-available” basis,
without any warranties or representations of any kind, whether express, implied, or statutory. The
Licensor disclaims all warranties, including but not limited to, implied warranties of merchantability,
fitness for a particular purpose, accuracy, reliability, non-infringement, or any warranty arising from
the course of dealing or usage of trade.
5.2 Performance and Reliability: The Licensor does not warrant or guarantee that the Model, Derivatives or
Output will meet the Licensee’s requirements, that the operation of the Model, Derivatives or Output will
be uninterrupted or error-free, or that defects in the Model will be corrected. The Licensee acknowledges
that the use of the Model, Derivatives or Output is at its own risk and that the Model, Derivatives or
Output may contain bugs, errors, or other limitations.
5.3 No Endorsement: The Licensor does not endorse, approve, or certify any results, conclusions, or
recommendations derived from the use of the Model. The Licensee is solely responsible for evaluating the
accuracy, reliability, and suitability of the Model for its intended purposes.
6. Limitation of Liability
6.1 No Liability for Damages: To the fullest extent permitted by applicable law, in no event shall the
Licensor be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages,
including but not limited to, damages for loss of business profits, business interruption, loss of
business information, loss of data, or any other pecuniary or non-pecuniary loss arising out of or in
connection with the use or inability to use the Model, Derivatives or any Output, even if the Licensor has
been advised of the possibility of such damages.
6.2 Indemnification: The Licensee agrees to indemnify, defend, and hold harmless the Licensor, its
affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages,
losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the
Licensee's use of the Model, any Derivatives, or any Output, including any violation of this Agreement or
applicable laws.
7. Termination
7.1 Termination by Licensor: The Licensor reserves the right to terminate this Agreement and revoke the
Licensee’s rights to use the Model at any time, with or without cause, and without prior notice if the
Licensee breaches any of the terms or conditions of this Agreement. Termination shall be effective
immediately upon notice.
7.2 Effect of Termination: Upon termination of this Agreement, the Licensee must immediately cease all use
of the Model, Derivatives, and Output and destroy all copies of the Model, Derivatives, and Output in its
possession or control, including any backup or archival copies. The Licensee shall certify in writing to
the Licensor that such destruction has been completed.
7.3 Survival: The provisions of this Agreement that by their nature should survive termination, including
but not limited to, Sections 4 (Ownership), 5 (No Warranty), 6 (Limitation of Liability), and this Section
7 (Termination), shall continue to apply after termination.
8. Governing Law
8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the
Republic of Korea, without regard to its conflict of laws principles.
8.2 Arbitration: Any disputes, controversies, or claims arising out of or relating to this Agreement,
including its existence, validity, interpretation, performance, breach, or termination, shall be referred
to and finally resolved by arbitration administered by the Korean Commercial Arbitration Board (KCAB) in
accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board in force at
the time of the commencement of the arbitration. The seat of arbitration shall be Seoul, Republic of
Korea. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
9. Alterations
9.1 Modifications: The Licensor reserves the right to modify or amend this Agreement at any time, in its
sole discretion. Any modifications will be effective upon posting the updated Agreement on the Licensor’s
website or through other means of communication. The Licensee is responsible for reviewing the Agreement
periodically for changes. Continued use of the Model after any modifications have been made constitutes
acceptance of the revised Agreement.
9.2 Entire Agreement: This Agreement constitutes the entire agreement between the Licensee and Licensor
concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written
agreements, representations, or understandings. Any terms or conditions of any purchase order or other
document submitted by the Licensee in connection with the Model that are in addition to, different from,
or inconsistent with the terms and conditions of this Agreement are not binding on the Licensor and are
void.
By downloading, installing, or using the EXAONE AI Model, the Licensee acknowledges that it has read,
understood, and agrees to be bound by the terms and conditions of this Agreement.
Excelsior JET Licensing Terms and Conditions
Production and Redistribution Use
Production use and redistribution use of Excelsior JET Runtime is permitted only in conjunction with and as part of your software product.
Excelsior JET Runtime includes the standard Java API code licensed from Sun Microsystems. According to that license:
Deployment of your software product that includes Excelsior JET Runtime onto general purpose desktop computers and servers shall be royalty-free, but
Usage of Excelsior JET Runtime in embedded systems in the general case requires you to sign a trademark and license agreement with Sun Microsystems and pay per-unit royalties. Exceptions are low-volume deals, for which Excelsior help you negotiate a flat fee with Sun.
from http://www.excelsior-usa.com/pdf/iltemplate.pdf
C. RUNTIME LICENSE
In addition to the Development License granted above, Excelsior grants You a non-exclusive, non-transferable, feebearing
license to use software programs or components of the Software that are incorporated or embedded in and
used in the execution of Your software ("Runtime Components") for the number of applications, users, CPUs, servers,
or connections and at the sites, as specified on Your invoice, on the following terms:
Embedded Use. Use of the Runtime Components in devices other than General Purpose Desktop Computers And
Servers is not allowed under this Agreement. Please contact Excelsior for the conditions of such use.
Production Use. You may use the Runtime Components in Your applications legally developed under the Development
License above for internal business purposes, which may include third party customers’ access to or use of such
applications.
Redistribution Use. You may redistribute the Runtime Components on the following conditions:
You agree to: a. distribute the Runtime Components in object code form only and in conjunction with and as a part
of Your software product legally developed under the Development License above; b. not suppress, alter, or remove
proprietary rights notices contained therein; c. indemnify, hold harmless, and defend Excelsior and its suppliers from
and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of Your
software product; and d. ensure that Your distributors and customers agree to act in a manner consistent with Your
obligations under this Agreement.
Your license agreement with Your distributors and/or customers will: a. not permit Your end users to modify,
translate, reverse engineer, decompile, or disassemble the Runtime Components except as expressly permitted by law;
b. not permit further distribution of the Runtime Components by end users. c. include statements that Your product: (i)
is licensed not sold, and that title to such offering is not passed to the customer, (ii) may include material licensed by a
third party, and that You have assumed responsibility for the presence and use of this material; and (iii) comply with the
requirements of Section H "Limited Warranty" as appropriate.
Fees. The runtime license fees applicable to Production Use and Redistribution Use are detailed at
http://www.excelsior-usa.com/fees.html.
It may be used and modified freely, but I do request that this copyright
notice remain attached to the file. You may modify this module as you
wish, but if you redistribute a modified version, please attach a note
listing the modifications you have made.
Fabric Software and Services Agreement
Last Updated: January 27, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE UPGRADE OR SIGN UP BUTTON OR BY ACCESSING OR USING THE FABRIC TECHNOLOGY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE FABRIC TECHNOLOGY.
This Fabric Software and Services Agreement (“Agreement”) is entered into by Google Inc. and you (“Developer” or “You”) and governs Your access and use of the Fabric Technology (defined below). If You are accessing or using the Fabric Technology on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms “Developer” and “You” shall refer to such entity. You and Google hereby agree as follows:
Definitions
In addition to terms defined elsewhere in this Agreement, the terms set forth immediately below have the following meanings.
“Application” means any mobile application of Developer into which the Fabric Kit or any other Kit may be integrated.
“Developer Data” means (i) the identity of the individual or entity, if any, who invited Developer to use the Fabric Technology; (ii) the names of Developer’s non-publicly available Applications; and (iii) a unique installation identifier for each installation of each Application.
“Documentation” means the documentation, instructions, user guides, and other documents made available by Google that relate to the Services and Software.
“Fabric Kit” means the underlying, base software development kit for Fabric made available by Google via the Plugin, including any updates or modifications thereto, that Developer installs in order to integrate any other Kit within an Application.
“Kit” means any software development kit, other than the Fabric Kit, made available for download via any Plugin.
“Plugin” means any development environment software plugin made available by Google via the Services, including any updates or modifications thereto, that Developer must install in the designated development environment in order for Developer to integrate the Fabric Kit or any other Kit within an Application.
“Services” means the Site and any hosted software services made available via the Site, including without limitation any dashboards, reporting tools, or other services, or any Plugin.
“Site” means all websites and webpages hosted at the fabric.io domain, as well as any Fabric-branded mobile application Google may make available.
“Software” means the Fabric Kit and any Plugin.
“Term” means the term of this Agreement, which commences on the date upon which Developer enters into this Agreement and continues until terminated by Developer or Google.
“Fabric Technology” means the Services, Software, and Documentation.
“Usage Data” means all information, data and other content, not including any Developer Data, received by Google related to Developer’s use of the Fabric Technology, including without limitation Developer’s IP address; web request headers, including without limitation browser type, user agent, and referral page; pages or screens Developer visits on the Site; timestamps; cookie information from Developer’s usage of the Site, including without limitation analytics data; Developer’s device state, hardware, and OS information; and unique identifier(s) for Developer’s device(s).
Licenses; Access Rights; Restrictions
License Grant. Subject to Developer’s compliance with the terms and conditions of this Agreement (as a condition to the grants below), Google grants Developer, and Developer accepts, a personal, nonexclusive, non-transferable, non-sublicensable, and revocable license, during the Term, to: (a) install and use any Plugin within the designated development environment solely for the purpose of downloading the Fabric Kit and other Kits to such environment; (b) install and use the Fabric Kit solely for the purpose of enabling the integration of one or more Kits into an application; (c) incorporate the Fabric Kit into any application and distribute (in object form only) the Fabric Kit solely as incorporated within such Application; (d) download and/or print a reasonable number of copies of any reports or results made available via the Services (“Reports”) for internal use by Developer only; and (e) make and use a reasonable number of copies of any Plugin, Fabric Kit, and Documentation solely as necessary to exercise any of the licenses or rights granted to Developer under this Agreement.
Access to Services. During the Term, and subject to the terms and conditions of this Agreement, Google will use commercially reasonable efforts to provide Developer with access to the Services. Developer will cooperate with Google, as requested, to facilitate the initiation of Developer’s access and use of the Services. Developer will identify a user name and password that will be used solely by Developer to access and use Developer’s account on the Services. Developer will not share its user name or password with any third party and will be responsible and liable for the acts or omissions of any person who accesses the Services via such account. Developer will (a) provide accurate, current, and complete information when setting up such account; (b) maintain and promptly update any account information; (c) maintain the security of any password and accept all risks of unauthorized access to its account; and (d) promptly notify Google if it discovers or otherwise suspects any security breaches related to such account.
Restrictions. Developer shall not directly or indirectly: (a) modify or create any derivative works of any Reports, Fabric Technology, or components thereof; (b) work around any technical limitations in any Fabric Technology or use any Fabric Technology, alone or in conjunction with any device, program, or service, to circumvent technical measures employed to control access to, or the rights in, a content, file, or other work; (c) reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any Fabric Technology (except as and only to the extent that the foregoing restriction is prohibited by applicable law); (d) publish, rent, lease, lend, sell, sublicense, distribute (except as permitted in Sections 2.1(c)), transfer, disclose, or otherwise make any Fabric Technology or Reports available to any third party; (e) provide use of the Fabric Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Fabric Technology or "frame" or "mirror" the Fabric Technology on any other server, or wireless or Internet-based device; (f) remove or alter any proprietary notices or labels on or in any Fabric Technology or Reports; (g) use any Fabric Technology in connection with the development or transmission of any virus, worms or malicious code; (h) use any Fabric Technology or Reports to infringe the rights of Google or any third party, or in any way that does not comply with all applicable laws; or (i) use any Fabric Technology (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Google or any third party, including any mobile communications carrier.
Updates
Developer acknowledges that Google may update or modify any component of the Fabric Technology at any time and in its sole discretion without prior notice to Developer. Developer acknowledges that future versions of the Fabric Kit may be incompatible with Applications developed using previous versions of the Fabric Kit, which may adversely affect the manner in which Developer accesses or communicates with the Fabric Technology. Google may provision any updates to any Software automatically or it may prompt Developer to install such updates. If Google prompts Developer to install an updated version of any Software (“Updated Version”), the license granted under Section 2.1 of this Agreement (“License”) with respect to any previous version of such Software will be revoked upon release of such Updated Version and Developer will immediately discontinue all use of, and delete, such previous version; provided, however, that, the License to such previous version of the Fabric Kit shall not be immediately revoked if such previous version of the Fabric Kit has been incorporated within an Application that Developer (a) has publicly distributed via an app store as of the date on which Google released the Updated Version (“Release Date”), (b) has already submitted to an app store for distribution approval as of the Release Date, or (c) submits to an app store for distribution approval within fourteen (14) days of the Release Date. Notwithstanding the foregoing, Google reserves the right, at any time, to revoke the License to any previous version of the Fabric Kit, regardless of the foregoing conditions, in which case Developer shall immediately discontinue all use of, and delete, such previous version of the Fabric Kit.
Kit Terms
Additional terms and conditions may apply to Developer’s access and use of any Kit made available via any Plugin. Developer will comply with any terms applicable to any Kit that Developer installs, accesses, or uses. Certain Kits may be made available by third parties. Google provides such third-party Kits as a convenience only and does not endorse any such third-party Kits. Developer acknowledges and agrees that (i) such third-party Kits are not under the control of Google and Google is not liable or responsible for such third-party Kits, and (ii) Google does not warrant and will not have any liability or responsibility for such third-party Kits.
Security
Developer is fully responsible for all of its Applications, including for maintaining the security of all such Applications. Developer will use industry standard security measures to prevent unauthorized access or use of any of the features and functionality of all Applications, including access by viruses, worms, or any other harmful code or material. Developer will immediately notify Google if Developer knows of or suspects any breach of security or potential vulnerability of any Application that may damage, interfere with, or otherwise impact any Fabric Technology or any information, content, or material accessible via any Fabric Technology. Developer will promptly remedy such breach or potential vulnerability.
Compliance
Developer shall comply with (a) all applicable laws, rules, and regulations, (b) all instructions and requirements set forth in any applicable Documentation, and (c) any applicable third-party terms, including any third-party terms applicable to any Kit, any development environment used by Developer, and Developer’s development and distribution of its Application via any relevant mobile operating system platform. Developer will not, directly or indirectly, export or re-export, or knowingly permit the export or re-export of, any Software or technical information obtained under this Agreement, including without limitation any Documentation, (y) without compliance with all laws applicable to the export or re-export of, any Software or technical information obtained under this Agreement, or (z) to any country to which the United States Export Administration Act, any regulation thereunder, or any similar United States law or regulation, prohibits the export or re-export of such software and/or technical information.
Developer Feedback
From time to time, Google may solicit from Developer or Developer may provide, in its sole discretion, suggestions for changes, modifications, or improvements or any other feedback related to any Fabric Technology or Google (collectively, “Developer Feedback”). All Developer Feedback shall be solely owned by Google (including all intellectual property rights therein and thereto) and shall also be deemed Google’s Confidential Information. Developer hereby assigns all of its right, title, and interest in and to any Developer Feedback to Google and acknowledges that Google has the unrestricted right to use and exploit such Developer Feedback in any manner, without attribution, and without any obligations or compensation to Developer. Google may reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes, and techniques) acquired during provision of any Fabric Technology to Developer.
Data Usage and Transfer
Developer hereby grants Google a worldwide, nonexclusive, and royalty-free right and license to access, copy, distribute, process, and use Developer Data solely for the purpose of (a) providing any Fabric Technology to Developer; (b) creating aggregate measures of any Fabric Technology usage, engagement, and performance; and (c) improving any component of the Fabric Technology generally or any other service of Google.
Developer acknowledges and agrees that Google will not assume any responsibility or liability for, or undertake to verify, the accuracy, completeness, or legality of any Developer Data. Google shall have no obligation to store, delete, or return any Developer Data. Developer represents and warrants that it owns all right, title, and interest, or possesses sufficient license rights, in and to the names of Developer’s non-publicly available Applications as may be necessary to grant the rights and licenses under this section. Developer bears all responsibility and liability for the legality, accuracy, and completeness of the Developer Data and Google’s access and possession thereof, as permitted herein.
Irrespective of which country Developer is based in, Developer authorizes Google to use its information in, and as a result to transfer it to and store it in, the United States and any other country where Google, or any third-party service providers acting on its behalf, operates. Privacy and data protection laws in some of these countries may vary from the laws in the country where Developer is based.
Developer Systems
Developer is solely responsible for providing all modems, servers, devices, storage, software, databases, network, and communications equipment, and ancillary services needed to connect to, access, or otherwise use the Fabric Technology (collectively, “Developer Systems”). Developer shall ensure that Developer Systems are compatible with any Fabric Technology and comply with all configurations and specifications described in the applicable Documentation.
Suspension; Discontinuance
Google reserves the right to discontinue or suspend (permanently or temporarily) the Fabric Technology or any features or portions thereof without prior notice. Google will not be liable for any suspension or discontinuance of any Fabric Technology or any part thereof.
Confidentiality
“Confidential Information” means any information disclosed by one party (“Discloser“) to the other party (“Recipient“) that is marked or otherwise identified as “confidential“ or “proprietary,“ or by its nature or the circumstances of disclosure should reasonably be understood to be confidential. In particular, Confidential Information shall include the Fabric Technology, Reports, Developer Data and all related information, but does not include Usage Data. Recipient may use the Confidential Information of the Discloser only as necessary in fulfilling its obligations or exercising its rights under this Agreement. Recipient may not disclose any Confidential Information of the Discloser to any third party without the Discloser’s prior written consent. Recipient will protect the Discloser’s Confidential Information from unauthorized use, access, and disclosure in the same manner that it protects its own confidential and proprietary information of a similar nature, but in no event with less than a reasonable degree of care. Recipient shall have the right to disclose any Confidential Information of Discloser to any third-party service provider that performs services on behalf of Recipient subject to confidentiality obligations consistent with this Agreement. Promptly upon Discloser’s request at any time, Recipient shall, or in the case of Developer Data shall use reasonable efforts to, return all of Discloser’s tangible Confidential Information, and/or permanently erase all such Confidential Information from any storage media and destroy all information, records, copies, summaries, analyses, and materials developed therefrom.
Limitations. The foregoing obligations shall not apply to any information that Recipient can demonstrate is (i) already known by it without restriction, (ii) rightfully furnished to it without restriction by a third party not in breach of any obligation of this Agreement or any other applicable confidentiality obligation or agreement, (iii) generally available to the public without breach of this Agreement or wrongdoing by any party, or (iv) independently developed by it without reference to or use of any information deemed confidential under this section and without any violation of any obligation of this Agreement. Recipient shall be responsible for any breach of confidentiality by its employees, contractors, and agents, as applicable. Nothing herein shall prevent Recipient from disclosing any of Discloser’s Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement, or similar requirement or investigation; provided, however, prior to any such disclosure, Recipient shall use reasonable efforts to promptly notify the Discloser in writing of such requirement to disclose where permitted by law and cooperate in protecting against or minimizing any such disclosure and/or obtaining a protective order.
Ownership; Reservation of Rights
Google retains all right, title, and interest in and to all Usage Data. Developer acknowledges and agrees that Google may use Usage Data for its own business purposes, including without limitation analyzing Developer’s installation, use of, and engagement with, and the functionality of the Services, as well as improving the functionality of the Services and other products and services offered or developed by Google, and may share such Usage Data with third-party service providers to assist with or conduct such activities on Google’s behalf. Google may share such Usage Data with other third parties solely in an aggregated and anonymized manner or otherwise in a manner that does not identify the source of such Usage Data. Google and its suppliers own all right, title, interest, copyright, and other intellectual property rights in all Fabric Technology (and any derivative works and enhancements thereof developed by or on behalf of Google) and reserve all rights not expressly granted to Developer in this Agreement. The Fabric Technology (and any derivative works and enhancements thereof developed by or on behalf of Google) are protected by copyright and other intellectual property laws and treaties. THE FABRIC TECHNOLOGY IS SOLELY LICENSED AS SET FORTH IN SECTION 2, NOT SOLD.
Representations and Warranties
Google represents and warrants that it has full right, power, and authority to enter into this Agreement and to perform its obligations and duties under this Agreement, and that the performance of such obligations and duties does not conflict with or result in a breach of any other agreement of Google, or any judgment, order, or decree by which such party is bound. Developer’s sole and exclusive remedy for any and all breaches of this provision is the remedy set forth in Section 15.1.
Developer represents and warrants to Google that: (a) the Applications do not and will not infringe any intellectual property or other proprietary right of any third party or violate any right of or duty owed to any third party (including contract rights, privacy rights, and publicity rights); and (b) the Applications and Developer’s performance under this Agreement (including use of the Fabric Technology) do not and will not breach any other agreement of Developer or violate any applicable law, rule, or regulation.
Google Disclaimers
THE FABRIC TECHNOLOGY AND REPORTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GOOGLE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “GOOGLE ENTITIES”) MAKE NO REPRESENTATION OR WARRANTY (I) THAT THE FABRIC TECHNOLOGY AND REPORTS OR RESULTS THEREFROM WILL MEET DEVELOPER’S REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR BUG-FREE, (II) REGARDING THE RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE FABRIC TECHNOLOGY OR REPORTS, OR (III) THAT ANY ERRORS IN THE FABRIC TECHNOLOGY OR REPORTS CAN OR WILL BE CORRECTED. THE GOOGLE ENTITIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Indemnification
Claims Against Developer. Google will defend the Developer from all third party claims, actions, suits, or proceedings, whether actual or alleged (collectively, “Developer Claims”), and will indemnify Developer and hold Developer harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) resulting from such Developer Claims, that arise out of an allegation that the Fabric Technology, when used as expressly permitted by this Agreement, infringes the intellectual property rights of such third party. Notwithstanding the foregoing, Google will have no obligation under this Section 15.1 or otherwise with respect to any infringement claim based upon: (a) any use of the Fabric Technology not expressly permitted under this Agreement; (b) any use of the Fabric Technology in combination with products, equipment, software, or data not made available by Google if such infringement would have been avoided without the combination with such other products, equipment, software, or data; (c) any modification of the Fabric Technology by any person other than Google or its authorized agents or subcontractors; or (d) any claim not clearly based on the Fabric Technology itself. This Section 15.1 states Google’s entire liability and Developer’s sole and exclusive remedy for all third party claims.
Claims Against Google. Developer will defend Google from all third party claims, actions, suits, or proceedings, whether actual or alleged (collectively, “Google Claims”), and will indemnify Google and hold Google harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) resulting from such Google Claims, that arise out of Developer’s (a) use of the Fabric Technology or Reports; (b) actual or alleged infringement, misappropriation, or violation of the rights of any third party, including without limitation any intellectual property rights, privacy rights, or publicity rights; and (c) breach of any term of this Agreement, including without limitation Developer’s representations and warranties set forth in Section 13 above. Developer is solely responsible for defending any such Google Claims, subject to Google’s right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from such Google Claims, provided that Developer will not agree to any settlement related to any such Google Claims without Google’s prior express written consent regardless of whether or not such settlement releases Google from any obligation or liability. If Developer uses the Fabric Technology in an official capacity as an employee or representative of a United States federal, state or local government entity and is legally unable to accept this indemnification provision, then it does not apply to such entity, but only to the extent as required by applicable law.
Procedure. The foregoing obligations are conditioned on the party seeking indemnification: (a) promptly notifying the other party in writing of such claim; (b) giving the other party sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at other party’s request and expense, assisting in such defense. Neither party may make any public announcement of any claim, defense or settlement without the other party’s prior written approval. The indemnifying party may not settle, compromise or resolve a claim without the consent of the indemnified party, if such settlement, compromise or resolution (x) causes or requires an admission or finding of guilt against the indemnified party, (y) imposes any monetary damages against the indemnified party, or (z) does not fully release the indemnified party from liability with respect to the claim.
Limitation of Liability
(a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY DAMAGES ASSOCIATED WITH ANY LOSS OF USE, BUSINESS, PROFITS, OR GOODWILL OR FOR INTERRUPTION, LOSS OR CORRUPTION OF DATA OR NETWORKS.
(b) IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT EXCEED FIFTY($50.00) DOLLARS (USD).
(c) THE FOREGOING LIMITATIONS SHALL NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS OR FOR MISAPPROPRIATION OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.
Termination
Either party may terminate this Agreement with or without cause immediately upon providing notice to the other party. Upon any termination of this Agreement, (a) Developer must discontinue accessing and using the Fabric Technology and delete all Software and Documentation; (b) the provisions in Sections 4 (Kit Terms), 7 (Developer Feedback), 8 (Data Usage and Transfer), 11 (Confidentiality), 12 (Ownership; Reservation of Rights), 14 (Google Disclaimers), 15 (Indemnification), 16 (Limitation of Liability), this Section 17 (Termination) and Section 18(e) (Governing Law; Venue; Prevailing Fees) shall survive; (c) all obligations or liabilities that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive; and (d) all other rights, obligations, and licenses of the parties under this Agreement shall terminate.
Miscellaneous
Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings, or agreements (oral or written), between the parties about the subject matter of this Agreement.
Amendments. Google may amend this Agreement from time to time. If Google makes a change to this Agreement that, in its sole discretion, is material, Google will notify Developer by providing notice of the change through the Services, the Plugin, or at the email address that Developer provided to Google upon signing up to access the Services. If Developer does not agree to the modified terms of the Agreement, Developer shall notify Google in writing within thirty (30) days, after which this Agreement shall immediately terminate and the Google Entities shall have no further responsibility or liability to Developer.
Waivers. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Governing Law; Venue; Prevailing Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. (a) Except as set forth in Section 18.5(b) below, all claims arising out of or relating to this Agreement or the Services ("Disputes”) will be governed by California law, excluding California’s conflict of laws rules, and all Disputes will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and Google consent to personal jurisdiction in those courts. (b) If Your principal place of business (for entities) or place of residence (for individuals) is in any country within APAC (other than Australia, Japan, New Zealand or Singapore) or Latin America, this Section 18.5(b) will apply instead of Section 18.5(a) above. ALL DISPUTES (AS DEFINED ABOVE) WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement. Subject to the confidentiality requirements in this Agreement, either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this subsection. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Any arbitration proceeding conducted in accordance with this section will be considered Confidential Information under this Agreement's confidentiality section, including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this section to a competent court as may be necessary to file any order under this section or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private). The parties will pay the arbitrator’s fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision. (c) If Your principal place of business (for entities) or place of residence (for individuals) is in Greece, all Disputes (as defined above) will be governed by Greek law and the parties submit to the exclusive jurisdiction of the courts of Athens in relation to any Dispute.
Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
Notices. Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, confirmed electronic transmission, recognized express delivery courier, or certified or registered mail, prepaid and return receipt requested, addressed to the other party, which, in the case of Developer, shall be the email address that Developer provided to Google upon signing up for the Services, and, in the case of Google, shall be Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department. All notices shall be in English, and deemed to have been received when they are hand delivered, or five business days of their mailing, or upon confirmed electronic transmission or confirmed facsimile transmission.
Assignment. This Agreement and the rights and obligations hereunder may not be assigned, transferred, or delegated, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether Developer is the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, by Developer without Google’s prior written consent. Any assignment or transfer in violation of the foregoing shall automatically be null and void, and Google may immediately terminate this Agreement upon such an attempt. This Agreement shall be binding upon, and inure to the benefit of, any permitted successors, representatives, and permitted assigns of the parties hereto.
Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose. Neither party will have the right or authority to assume or create any obligation or responsibility on behalf of the other party.
No Publicity. Developer will not issue any press release or otherwise make any public announcement with respect to this Agreement, any Fabric Technology, or Developer’s relationship with Google without Google’s prior written consent.
Facebook, Inc. ("Facebook") owns all right, title and interest, including all
intellectual property and other proprietary rights, in and to the Nuclide
software (the "Software"). Subject to your compliance with these terms, you are
hereby granted a non-exclusive, worldwide, royalty-free copyright license to
(1) use and copy the Software; and (2) reproduce and distribute the Software as part
of your own software ("Your Software"), provided Your Software does not consist
solely of the Software; and (3) modify the Software for your own internal use.
Facebook reserves all rights not expressly granted to you in this license agreement.
THE SOFTWARE AND DOCUMENTATION, IF ANY, ARE PROVIDED "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED.
IN NO EVENT SHALL FACEBOOK OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Additional Grant of Patent Rights Version 2
"Software" means the <fastText> software distributed by Facebook, Inc.
Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software
("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable
(subject to the termination provision below) license under any Necessary
Claims, to make, have made, use, sell, offer to sell, import, and otherwise
transfer the Software. For avoidance of doubt, no license is granted under
Facebook’s rights in any patent claims that are infringed by (i) modifications
to the Software made by you or any third party or (ii) the Software in
combination with any software or other technology.
The license granted hereunder will terminate, automatically and without notice,
if you (or any of your subsidiaries, corporate affiliates or agents) initiate
directly or indirectly, or take a direct financial interest in, any Patent
Assertion: (i) against Facebook or any of its subsidiaries or corporate
affiliates, (ii) against any party if such Patent Assertion arises in whole or
in part from any software, technology, product or service of Facebook or any of
its subsidiaries or corporate affiliates, or (iii) against any party relating
to the Software. Notwithstanding the foregoing, if Facebook or any of its
subsidiaries or corporate affiliates files a lawsuit alleging patent
infringement against you in the first instance, and you respond by filing a
patent infringement counterclaim in that lawsuit against that party that is
unrelated to the Software, the license granted hereunder will not terminate
under section (i) of this paragraph due to such counterclaim.
A "Necessary Claim" is a claim of a patent owned by Facebook that is
necessarily infringed by the Software standing alone.
A "Patent Assertion" is any lawsuit or other action alleging direct, indirect,
or contributory infringement or inducement to infringe any patent, including a
cross-claim or counterclaim.
You are hereby granted a non-exclusive, worldwide, royalty-free license to use,
copy, modify, and distribute this software in source code or binary form for use
in connection with the web services and APIs provided by Facebook.
As with any software that integrates with the Facebook platform, your use of
this software is subject to the Facebook Developer Principles and Policies
[http://developers.facebook.com/policy/]. This copyright notice shall be
included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
# Fair AI Public License 1.0-SD
Published by the [Freedom of Development Project](https://freedevproject.org).
*This "SD variant" license contains a [Prohibited Uses](#prohibited-uses)
section designed to be compatible with Stable Diffusion's license. Because of
that section, this is not a free software license. Unless you are releasing a
derivative of a Stable Diffusion model, it is not recommended that you use this
license.*
*This license comes with special requirements if you intend to allow users
to access this software over a network. See [Notices](#notices) for more
information.*
## Purpose
This license gives everyone as much permission to work with this software as
possible, while protecting contributors from liability, protecting the
freedom of end users, and reducing harm.
## Definitions
In this license, "model" refers to machine learning model weights, biases,
parameters, optimizer states, and any byproducts of a training or pretraining
process, whether in the form of checkpoints or any other form.
The term "derived model" refers to any model based on this model.
The term "software" also refers to any model along with documentation or
other resources provided with the software.
The term "source code" refers to the preferred form of making modifications
to software. It also includes any models, if applicable, but it does not
include any datasets used to train a model.
To "modify" also means to perform any training on a model or to combine a
model with another model.
## Acceptance
In order to receive this license, you must agree to its rules. The rules of
this license are both obligations under that agreement and conditions to your
license. You must not do anything with this software that triggers a rule that
you cannot or will not follow. If you do not agree, then you cannot use this
software in any way.
## Copyright
Each contributor licenses you to do everything with this software that would
otherwise infringe that contributor's copyright in it.
## Freedom
Neither this software nor any work that is combined with this software will be
considered a technological protection measure under the WIPO Copyright Treaty
or any similar law. Reverse engineering of this software and of any work that
is combined with this software is always allowed.
## Notices
You must ensure that everyone who gets a copy of any part of this software from
you, with or without changes, also gets the text of this license along with
the corresponding source code.
If you modify this software and allow users to interact with it through a
computer network, you must ensure they have a reasonable way to receive the
corresponding source code from you, whether that is via a download link or a
prominent written offer. As a special case, if you are only allowing users to
interact with a derived model, then you may choose to provide a download link
or written offer only for the derived model.
This software, all source code, and all modifications must be provided under
this license or another license that allows everything this license allows.
Note that this does not give you permission to change the license for this
software.
## Excuse
If anyone notifies you in writing that you have not complied with
[Notices](#notices), you can keep your license by taking all practical steps
to comply within 30 days after the notice. If you do not do so, your license
ends immediately.
## Output
The output of this software is not covered by this license, and no contributor
claims any rights to it.
## Patent
Each contributor licenses you to do everything with this software that would
otherwise infringe any patent claims they can license or become able to license.
## Reliability
No contributor can revoke this license.
## Alternatives
You can also use any non-model parts of this software under the terms of the
GNU AGPL 3.0, or any later version of that license. If you do,
[No Harm](#no-harm) and [No Liability](#no-liability) still apply.
## Revisions
The Freedom of Development Project may publish revised or new versions of the
Fair AI Public License. Those new versions will be similar in spirit to this
license.
Unless a contributor specifies otherwise, you have the option of following the
terms of any later version of this license. Your choice to follow a later
version of the license will not impose additional obligations on any
contributor. Even if you do choose to follow a later version, the restrictions
of [Prohibited Uses](#prohibited-uses) will still apply.
## Survival
The provisions of [No Harm](#no-harm) and [No Liability](#no-liability) survive
the end of your license.
## No Harm
You agree that no contributor's conduct in the creation of this software has
caused you any harm. As far as the law allows, you give up your right to pursue
any kind of legal claim against any contributor for actions related the
creation of this software, even if those actions broke a previous agreement.
Additionally, you agree not to use this model for harmful purposes, as listed
in [Prohibited Uses](#prohibited-uses). These restrictions do not apply to
non-model parts of this software.
## No Liability
***As far as the law allows, this software comes as is, without any warranty or
condition, and no contributor will be liable to anyone for any damages related
to this software or this license, under any kind of legal claim.***
## Prohibited Uses
You may not use this model or any derived model for the following:
- In any way that violates any applicable national, federal, state, local or
international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm
minors in any way;
- To generate or disseminate verifiably false information and/or content with
the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used
to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s
legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or
harming individuals or groups based on online or offline social behavior or
known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on
their age, social, physical or mental characteristics, in order to materially
distort the behavior of a person pertaining to that group in a manner that
causes or is likely to cause that person or another person physical or
psychological harm;
- For any use intended to or which has the effect of discriminating against
individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for
administration of justice, law enforcement, immigration or asylum processes,
such as predicting an individual will commit fraud/crime commitment (e.g. by
text profiling, drawing causal relationships between assertions made in
documents, indiscriminate and arbitrarily-targeted use).
# Fair AI Public License 1.0
Published by the [Freedom of Development Project](https://freedevproject.org).
*This license comes with special requirements if you intend to allow users
to access this software over a network. See [Notices](#notices) for more
information.*
## Purpose
This license gives everyone as much permission to work with this software as
possible, while protecting contributors from liability and protecting the
freedom of end users.
## Definitions
In this license, "model" refers to machine learning model weights, biases,
parameters, optimizer states, and any byproducts of a training or pretraining
process, whether in the form of checkpoints or any other form.
The term "derived model" refers to any model based on this model.
The term "software" also refers to any model along with documentation or
other resources provided with the software.
The term "source code" refers to the preferred form of making modifications
to software. It also includes any models, if applicable, but it does not
include any datasets used to train a model.
To "modify" also means to perform any training on a model or to combine a
model with another model.
## Acceptance
In order to receive this license, you must agree to its rules. The rules of
this license are both obligations under that agreement and conditions to your
license. You must not do anything with this software that triggers a rule that
you cannot or will not follow. If you do not agree, then you cannot use this
software in any way.
## Copyright
Each contributor licenses you to do everything with this software that would
otherwise infringe that contributor's copyright in it.
## Freedom
Neither this software nor any work that is combined with this software will be
considered a technological protection measure under the WIPO Copyright Treaty
or any similar law. Reverse engineering of this software and of any work that
is combined with this software is always allowed.
## Notices
You must ensure that everyone who gets a copy of any part of this software from
you, with or without changes, also gets the text of this license along with
the corresponding source code.
If you modify this software and allow users to interact with it through a
computer network, you must ensure they have a reasonable way to receive the
corresponding source code from you, whether that is via a download link or a
prominent written offer. As a special case, if you are only allowing users to
interact with a derived model, then you may choose to provide a download link
or written offer only for the derived model.
This software, all source code, and all modifications must be provided under
this license or another license that allows everything this license allows.
Note that this does not give you permission to change the license for this
software.
## Excuse
If anyone notifies you in writing that you have not complied with
[Notices](#notices), you can keep your license by taking all practical steps
to comply within 30 days after the notice. If you do not do so, your license
ends immediately.
## Output
The output of this software is not covered by this license, and no contributor
claims any rights to it.
## Patent
Each contributor licenses you to do everything with this software that would
otherwise infringe any patent claims they can license or become able to license.
## Reliability
No contributor can revoke this license.
## Alternatives
You can also use this software under the terms of the GNU AGPL 3.0, or any later
version of that license. If you do, [No Harm](#no-harm) and
[No Liability](#no-liability) still apply.
## Revisions
The Freedom of Development Project may publish revised or new versions of the
Fair AI Public License. Those new versions will be similar in spirit to this
license.
Unless a contributor specifies otherwise, you have the option of following the
terms of any later version of this license. Your choice to follow a later
version of the license will not impose additional obligations on any
contributor.
## Survival
The provisions of [No Harm](#no-harm) and [No Liability](#no-liability) survive
the end of your license.
## No Harm
You agree that no contributor's conduct in the creation of this software has
caused you any harm. As far as the law allows, you give up your right to pursue
any kind of legal claim against any contributor for actions related the
creation of this software, even if those actions broke a previous agreement.
## No Liability
***As far as the law allows, this software comes as is, without any warranty or
condition, and no contributor will be liable to anyone for any damages related
to this software or this license, under any kind of legal claim.***
Fair Source License, version 0.9
Copyright © [year] [copyright owner]
Licensor: [legal name of licensor]
Software: [name software and version if applicable]
Use Limitation: [number] users
License Grant. Licensor hereby grants to each recipient of the Software (“you”) a non-exclusive, non-transferable, royalty-free and fully-paid-up license, under all of the Licensor’s copyright and patent rights, to use, copy, distribute, prepare derivative works of, publicly perform and display the Software, subject to the Use Limitation and the conditions set forth below.
Use Limitation. The license granted above allows use by up to the number of users per entity set forth above (the “Use Limitation”). For determining the number of users, “you” includes all affiliates, meaning legal entities controlling, controlled by, or under common control with you. If you exceed the Use Limitation, your use is subject to payment of Licensor’s then-current list price for licenses.
Conditions. Redistribution in source code or other forms must include a copy of this license document to be provided in a reasonable manner. Any redistribution of the Software is only allowed subject to this license.
Trademarks. This license does not grant you any right in the trademarks, service marks, brand names or logos of Licensor.
DISCLAIMER. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LICENSORS HEREBY DISCLAIM ALL LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE.
Termination. If you violate the terms of this license, your rights will terminate automatically and will not be reinstated without the prior written consent of Licensor. Any such termination will not affect the right of others who may have received copies of the Software from you.
Usage of the works is permitted provided that this instrument is retained with
the works, so that any entity that uses the works is notified of this
instrument.
DISCLAIMER: THE WORKS ARE WITHOUT WARRANTY.
Falcon 2 11B TII License Version 1.0
May 2024
FalconLLM.tii.ae
Introductory note
This license is, in part, based on the Apache License Version 2.0 (available at http://www.apache.org/licenses/), with a series of modifications. The contribution of the Apache License 2.0 to the framing of this document is acknowledged.
Terms and conditions for use, reproduction, and distribution
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
Definitions
“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 to 11 of this document.
“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, training datasets used for training or fine tuning a machine learning model or artificial intelligence model, documentation source, and configuration files.
“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, a trained and/or fine-tuned machine learning model or artificial intelligence model, generated documentation, and conversions to other media types.
“Work” shall mean the work of authorship, which in relation to the initial release of Falcon 2 11B is in Object form only, but in the case of any and all Derivative Works means that Work whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
"Acceptable Use Policy” means the latest version from time to time of the policy designated as such hosted at FalconLLM.tii.ae.
“Falcon 2 11B” shall mean TII’s 11 billion parameter Falcon large language models (both the VL and non-VL variants), initially made available in Object form only under this license at FalconLLM.tii.ae.
“TII” shall mean the Technology Innovation Institute – Sole Proprietorship L.L.C., or any party nominated in writing by Technology Innovation Institute – Sole Proprietorship L.L.C. as its successor for the purposes of this License, or any party nominated in writing to be a successor to any successor for the purposes of this license.
Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
Your copyright license to use the Work shall be royalty free and without charge.
Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
Your patent license to use the Work shall be royalty free and without charge.
Redistribution
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
use-based restrictions incorporating the Acceptable Use Policy in the manner set out in Section 5 of this license, and which do not otherwise conflict with the Acceptable Use Policy, must be included as enforceable provisions by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Work or any Derivative Works that You distribute;
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
Subject to Section 6, You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
Acceptable Use
Subject to Section 5.3, your use of the Work or any Derivative Work must comply with the Acceptable Use Policy at all times. You shall procure that all persons using the Work or Derivative Work for you or on your behalf comply with the Acceptable Use Policy in their use.
You may not use the Work or any Derivative Work or any output from the Work or Derivative Work, whether directly or indirectly, to create other works for any purpose which conflicts with the Acceptable Use Policy.
The Acceptable Use Policy may be updated from time to time. You should monitor the web address at which the Acceptable Use Policy is hosted to ensure that your use of the Work or any Derivative Work complies with the updated Acceptable Use Policy.
Publication
You shall include prominently in any public statement regarding a Derivative Work the following statement:
“[name of relevant Derivative Work] is built using Falcon LLM technology from the Technology Innovation Institute”.
You may request from TII a reasonably adjusted version of the above statement to suit the publication the relevant statement is being made in. TII will not unreasonably withhold or delay approval of such a request.
Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
Trademarks
Except as required for compliance with Section 6 of this License, this License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Falcon 2 11B TII License to your work.
To apply the Falcon 2 11B TII License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner] Licensed under the Falcon 2 11B TII License, Version 1.0 (the "License"); you may not use this file except in compliance with the License.
You may obtain a copy of the License at FalconLLM.tii.ae. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and limitations under the License.
Redistribution and use of this effect in source form, with or without modification,
are permitted provided that the following conditions are met:
* USE OF SOURCE ON COMMERCIAL (FOR-PROFIT) WEBSITE REQUIRES ONE-TIME LICENSE FEE PER DOMAIN.
Reasonably priced! Visit www.fancyzoom.com for licensing instructions. Thanks!
* Non-commercial (personal) website use is permitted without license/payment!
* Redistribution of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistribution of source code and derived works cannot be sold without specific
written prior permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPTION:
Far Manager plugins that use only the following header files from this
distribution (none or any): farcolor.hpp, farkeys.hpp, plugin.hpp,
farcolorW.pas, farkeysW.pas and pluginW.pas; can be distributed under any other
possible license with no implications from the above license on them.
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software.
2. If you use this software, in source or binary form, an acknowledgment in the product documentation or credits would be appreciated but is not required. Example: "This product uses FASTBuild © 2012-2020 Franta Fulin."
3. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
4. This notice may not be removed or altered from any source distribution.
This FastCGI application library source and object code (the
"Software") and its documentation (the "Documentation") are
copyrighted by Open Market, Inc ("Open Market"). The following terms
apply to all files associated with the Software and Documentation
unless explicitly disclaimed in individual files.
Open Market permits you to use, copy, modify, distribute, and license
this Software and the Documentation for any purpose, provided that
existing copyright notices are retained in all copies and that this
notice is included verbatim in any distributions. No written
agreement, license, or royalty fee is required for any of the
authorized uses. Modifications to this Software and Documentation may
be copyrighted by their authors and need not follow the licensing
terms described here. If modifications to this Software and
Documentation have new licensing terms, the new terms must be clearly
indicated on the first page of each file where they apply.
OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE
SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN
NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE
DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR
LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.
/ FatFs module is an open source software. Redistribution and use of FatFs in
/ source and binary forms, with or without modification, are permitted provided
/ that the following condition is met:
/
/ 1. Redistributions of source code must retain the above copyright notice,
/ this condition and the following disclaimer.
/
/ This software is provided by the copyright holder and contributors "AS IS"
/ and any warranties related to this software are DISCLAIMED.
/ The copyright owner or contributors be NOT LIABLE for any damages caused
/ by use of this software.
Linking this library statically or dynamically with other modules is
making a combined work based on this library. Thus, the terms and
conditions of the GNU General Public License cover the whole
combination. As a special exception, the copyright holders of this
library give you permission to link this library with independent
modules to produce an executable, regardless of the license terms of
these independent modules, and to copy and distribute the resulting
executable under terms of your choice, provided that you also meet, for
each linked independent module, the terms and conditions of the license
of that module. An independent module is a module which is not derived
from or based on this library. If you modify this library, you may
extend this exception to your version of the library, but you are not
obligated to do so. If you do not wish to do so, delete this exception
statement from your version. Additionally if other files instantiate
templates or use macros or inline functions from this file, or you
compile this file and link it with other files to produce an executable,
this file does not by itself cause the resulting executable to be
covered by the GNU General Public License. This exception does not
however invalidate any other reasons why the executable file might be
covered by the GNU General Public License.
Permission is granted to use this file in whole or in
part for any purpose, educational, recreational or commercial,
provided that this copyright notice is retained unchanged.
This software is available to all free of charge by anonymous
FTP and in the UUNET archives.
# Fair Core License, Version 1.0, Apache 2.0 Future License
## Abbreviation
FCL-1.0-Apache-2.0
## Notice
Copyright ${year} ${licensor name}
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Limitations,
Patents, Redistribution and Trademark clauses below, we hereby grant you the
right to use, copy, modify, create derivative works, publicly perform, publicly
display and redistribute the Software for any Permitted Purpose identified
below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means making the Software available to others in a commercial product or
service that:
1. substitutes for the Software;
2. substitutes for any other product or service we offer using the Software
that exists as of the date we make the Software available; or
3. offers the same or substantially similar functionality as the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with professional services that you provide to a licensee
using the Software in accordance with these Terms and Conditions.
### Limitations
You must not move, change, disable, or circumvent the license key functionality
in the Software; or modify any portion of the Software protected by the license
key to:
1. enable access to the protected functionality without a valid license key; or
2. remove the protected functionality.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright or other proprietary notices provided in or with the
Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
In the event the provision of this Disclaimer section is unenforceable under
applicable law, the licenses granted herein are void.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Grant of Future License
We hereby irrevocably grant you an additional license to use the Software,
under the Apache License, Version 2.0, that is effective on the second
anniversary of the date we make the Software available. On or after that date,
you may use the Software under the Apache License, Version 2.0, in which case
the following will apply:
Licensed under the Apache License, Version 2.0 (the "License"); you may not use
this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed
under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the
specific language governing permissions and limitations under the License.
# Fair Core License, Version 1.0, MIT Future License
## Abbreviation
FCL-1.0-MIT
## Notice
Copyright ${year} ${licensor name}
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Limitations,
Patents, Redistribution and Trademark clauses below, we hereby grant you the
right to use, copy, modify, create derivative works, publicly perform, publicly
display and redistribute the Software for any Permitted Purpose identified
below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means making the Software available to others in a commercial product or
service that:
1. substitutes for the Software;
2. substitutes for any other product or service we offer using the Software
that exists as of the date we make the Software available; or
3. offers the same or substantially similar functionality as the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with professional services that you provide to a licensee
using the Software in accordance with these Terms and Conditions.
### Limitations
You must not move, change, disable, or circumvent the license key functionality
in the Software; or modify any portion of the Software protected by the license
key to:
1. enable access to the protected functionality without a valid license key; or
2. remove the protected functionality.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright or other proprietary notices provided in or with the
Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
In the event the provision of this Disclaimer section is unenforceable under
applicable law, the licenses granted herein are void.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Grant of Future License
We hereby irrevocably grant you an additional license to use the Software,
under the MIT license, that is effective on the second anniversary of the date
we make the Software available. On or after that date, you may use the Software
under the MIT license, in which case the following will apply:
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
The author hereby grants a perpetual license to everybody to
use this code for any purpose as long as the copyright message is included
in the source code of this or any derived work.
Yes, this means that you, your company, your club, and anyone else
can use this code anywhere you want. You can change it and distribute it
under the GPL, include it in your commercial product without releasing
the source code, put it on the web, etc.
The only thing you cannot do is remove my copyright message,
or distribute any source code based on this implementation that does not
include my copyright message.
I appreciate a mention in the documentation or credits,
but I understand if that is difficult to do.
I also appreciate it if you tell me where and why you used my code.
Floodgap Free Software License
The author of your software has chosen to distribute it under the
Floodgap Free Software License. Although this software is without cost,
it is not released under Copyleft or GPL, and there are differences
which you should read. Your use of this software package constitutes
your binding acceptance without restriction.
This software is without cost
The Floodgap Free Software License (FFSL) has one overriding mandate:
that software using it, or derivative works based on software that uses
it, must be free. By free we mean simply "free as in beer" -- you may
put your work into open or closed source packages as you see fit,
whether or not you choose to release your changes or updates publicly,
but you must not ask any fee for it. (There are certain exceptions for
for-profit use which we will discuss below.)
Definitions and terms
Author
The declared copyright owner of this software package.
Binary
A pre-compiled or pre-interpreted bytecode or machine language
representation of a software package not designed for further
modification and tied to a particular platform or architecture.
Derivative work
Any distribution (q.v.) that contains any modification to or
deviation from the official reference distribution (q.v.); or
any software package significantly based on or integrally
including the source code for its features, including but not
limited to supersets; subsets of a significant proportion;
in-place patched changes to source or binary files; linking in
as a library; binary-only distributions if the original package
included source (even if the source was not modified prior to
compilation); or translations to another programming language,
architecture or operating system environment. Derivative works
of packages released under this license are also considered
subject to this license.
However, a software package that requires this package but does
not include it or is not based upon it, even if it will not
operate without it, is not considered a derivative work. For
example, interpreted programs requiring an interpreter issued
under this license, assuming they are not distributed with any
portion of the interpreter, are not derivative works.
Distribution
A packaged release of this software, either the author's
original work (the "reference distribution") or a derivative
work based upon it.
Reference distribution
A packaged release of this software explicitly designated as the
official release, written by or on behalf of the Author with his
or her explicit designation as official. Only exact copies of
the reference distribution may be called reference
distributions; all other forms are derivative works.
Source code
The human-readable programming instructions of the package which
might be easily read as text and subsequently edited, but
requiring compilation or interpretation into binary before being
directly useable.
What you are permitted to do under this license
Pursuant to the remainder of the terms below,
* You may freely use, copy, and disseminate this software package for
any non-commercial purpose as well as the commercial purposes
permitted below.
* You may freely modify this package, including source code if
available. Your modifications need not be released, although you
are encouraged to do so.
* You may release your derivative works based upon this software in
purely binary (non-source) form if you choose. You are not
obligated to release any portion of your source code openly,
although you are encouraged to do so.
* If this package is a tool used for generation, compilation or
maintenance of works, including but not limited to readable
documents, software packages or images (for example, compilers,
interpreters, translators, linkers, editors, assemblers or
typesetters), you may freely use it for that purpose, commercial or
otherwise, as the works made by this package are not considered
subject to this license unless specified otherwise within and may
be distributed under any desired license and/or offered for sale or
rental. Any run-time library or run-time code section linked into
the output by a compiler or similar code-generating tool governed
by this license is considered to be an integral part of the output,
and its presence does not subject the generated work to this
license either. (This is, of course, assuming you are not using
said tools to generate a derivative work based on this package in
violation of the other license terms.)
However, if you are linking or including a separately distributed
library that is under this license, no matter what tool you are
using to do the linking or inclusion, you are then considered to be
making a derivative work based on that library and your work does
fall under this license. To avoid this, do not include the library
with your work (even though it needs the library to function) and
instead offer the library separately without cost.
* In addition to non-commercial use and the uses permitted above, you
may use this software package in any for-profit endeavour as long
as it does not involve the specific sale or rental of this package.
Some specific but by no means exhaustive examples are listed below.
Note that some of these situations may require additional action be
taken to ensure compliance.
+ If this package or a derivative work allows you to serve data
or make data available to others (for example, web servers,
mail servers, gopher servers, etc.), you may use it to serve
any commercial content or in any commercial setting whether
you choose to charge a fee or not, as you are considered to be
earning income from the content you serve and/or the services
facilitated by your business and not from the sale of this
package itself. (This is, of course, assuming that you are not
charging a fee for sale or rental of this package or a
derivative work based on this package in violation of the
other license terms.) Similarly, any data you may acquire from
the use of this package is yours, and not governed by this
license in any way even if for-profit.
+ If you are selling a product that includes this package or a
derivative work either as part of your product's requirements
for function or as a bundled extra, such as an operating
system distribution, you may charge a fee for your product as
long as you also make this package or said derivative work
available for free separately (such as by download or link
back to this package's site), as you are considered to be
requesting a fee for your own product and the package is
merely included as a convenience to your users.
+ If you offer installation of this package or a derivative work
as a service, you may charge a fee for the act of installation
as long as you also make this package or said derivative work
available for free (such as by download or link back to this
package's site), as you are considered to be requesting a fee
for the act of installation and not for the software you are
installing.
+ The Author may also grant, in writing, other specified
exemptions for your particular commercial purpose that do not
contravene the spirit of this license or any license terms
this package additionally carries.
* In your derivative works based on this package, you may choose to
offer warranty support or guarantees of performance. This does not
in any way make the original Author legally, financially or in any
other respect liable for claims issued under your warranty or
guarantee, and you are solely responsible for the fulfillment of
your terms even if the Author of the work you have based your work
upon offers his or her own.
* In your derivative works based on this package, you may further
restrict the acceptable uses of your package or situations in which
it may be employed as long as you clearly state that your terms
apply only to your derivative work and not to the original
reference distribution. However, you may not countermand or ignore,
directly or otherwise, any restriction already made in the
reference distribution's license, including in this document
itself, in similar fashion to other licenses allowing compatible
licenses to co-govern a particular package's use.
What you must not do under this license
Remember that these limits apply only to redistribution of a reference
distribution, or to a true derivative work. If your project does not
include this package or code based upon it, even if it requires this
package to function, it is not considered subject to this license or
these restrictions.
* You must not charge a fee for purchase or rental of this package or
any derivative work based on this package. It is still possible to
use this package in a commercial environment, however -- see What
you are permitted to do under this license.
* You must not countermand or ignore, directly or otherwise, the
restrictions already extant in this package's license in your
derivative work based on it. As a corollary, you must not place
your derivative work under a secondary license or description of
terms that conflicts with it (for example, this license is not
compatible with the GNU Public License).
* You must not label any modified distribution of this package as a
reference or otherwise official distribution without the permission
of the original Author or Authors. You must clearly specify that
your modified work is a derivative work, including binary-only
releases if the original included source code and you do not even
if you did not modify the source prior to compilation.
What you must do under this license
* You must agree to all terms specified (agreement to which is
unconditionally signified by your usage, modification or
repurposing of this package), or to remove the package from your
computer and not use it further.
* In the absence of any specific offer for redress or assistance
under warranty or guarantee of performance that the Author of this
package might make, you must agree to accept any and all liability
that may come from the use of this package, proper or improper,
real or imagined, and certify without condition that you use this
product at your own risk with no guarantee of function,
merchantability or fitness for a particular purpose. If such offer
of redress or assistance is extended, it is fulfillable only by the
Author who extended the offer, which might not necessarily be this
Author, nor might it be the Authors of any packages it might be
based upon.
* If you choose to publicly redistribute this package or create a
derivative work based on this package, you must make it available
without any purchase or rental fee of any kind.
* If you choose to create a derivative work based on this package,
your derivative work must be copyrighted, and must be governed
under (at a minimum) the original package's license, which will
necessarily include all terms noted here. As such, if you choose to
distribute your derivative work, you must include a human-readable
license in your distribution containing all restrictions of use,
necessarily including this license, and any additional restrictions
the Author has mandated that do not contravene this license which
you and users of your derivative work must also honour.
* If you choose to create and distribute a derivative work based on
this package, your derivative work must clearly make reference to
this package, any other packages your work or the original work
might be based on, and all applicable copyrights, either in your
documentation, your work's standard human-readable output, or both.
A suggested method might be
Contains or is based on the Foo software package.
Copyright (C) 2112 D. Original Author. All rights reserved.
http://their.web.site.invalid/
Additional notes
Enforcement is the responsibility of the Author. However, violation of
this license may subject you to criminal and civil penalties depending
on your country.
This package is bound by the version of license that accompanies it.
Future official versions of a particular package may use a more updated
license, and you should always review the license before use. This
license's most current version is always available from the following
locations:
[1]http://www.floodgap.com/software/ffsl/
[2]gopher://gopher.floodgap.com/1/ffsl/
This license is version 1, dated 19 November 2006.
This license is copyright © 2006 Cameron Kaiser. All rights reserved.
The text of this license is available for re-use and re-distribution
under the Creative Commons. The use of the term "Floodgap Free Software
License" does not imply endorsement of packages using this license by
Floodgap Systems or by Cameron Kaiser. Modified licenses using portions
of these terms may refer to themselves as modified FFSL, with the
proviso that their modifications be clearly marked in accordance with
the Creative Commons Attribution-ShareAlike 2.5 License.
Only the text of this license, and not programs covered by this
license, is so offered under Creative Commons.
References
1. http://www.floodgap.com/software/ffsl/
2. gopher://gopher.floodgap.com/1/ffsl/
FFTPACK license:
Redistribution and use of the Software in source and binary forms,
with or without modification, is permitted provided that the
following conditions are met:
- Neither the names of NCAR's Computational and Information Systems
Laboratory, the University Corporation for Atmospheric Research,
nor the names of its sponsors or contributors may be used to
endorse or promote products derived from this Software without
specific prior written permission.
- Redistributions of source code must retain the above copyright
notices, this list of conditions, and the disclaimer below.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions, and the disclaimer below in the
documentation and/or other materials provided with the
distribution.
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE
SOFTWARE.
Metadata Usage Terms (for Relying Parties or Service Providers)
THIS METADATA USAGE TERMS (“Terms”) governs your use of Metadata Statements and BLOB files, including Metadata Statements in the BLOB files (collectively “METADATA”) accessed, viewed, downloaded or otherwise received by you (“You”) directly from the Metadata Service (“MDS”), operated by FIDO Alliance, Inc. (“FIDO”). The specification of Version 3.0 of the Metadata Statements is defined by FIDO in the FIDO Metadata Statements Specification available at https://fidoalliance.org/specs/mds/fido-metadata-statement-v3.0-ps-20210518.html . Each Metadata Statement is owned and contributed by its respective vendor (“Contributing Vendor”) through the MDS for use by You in accordance with the provisions of these Terms. The BLOB file is owned and made available by FIDO for use by You in accordance with the provisions of these Terms. The specification of the BLOB file is defined by FIDO in Version 3.0 of the FIDO Metadata Service Specification available at https://fidoalliance.org/specs/mds/fido-metadata-service-v3.0-ps-20210518.html. By continuing to access the MDS and use METADATA, You agree to accept and be bound by the terms of these Terms. If You do not agree to be bound by these Terms (or any part thereof), You are not granted permission to use the MDS or METADATA.
1. METADATA License; Minimum Terms for Third Party Use of METADATA
1.1 Subject to your acceptance and agreement to be bound by these Terms, You may access and use the MDS in order to access, view, download and use the METADATA solely for the purpose of enabling authentication in accordance with FIDO Specifications found at https://fidoalliance.org/specifications/download/ (“Authorized Use”).
1.2 Subject to your acceptance and agreement to be bound by these Terms, the Contributing Vendor of a Metadata Statement grants You a limited, royalty-free, non-exclusive, nontransferable, nonsublicenseable right to access, download, view and use the Metadata Statement solely for the purpose of enabling authentication in accordance with FIDO Specifications found at https://fidoalliance.org/specifications/download/ .
1.3 Subject to your acceptance and agreement to be bound by these Terms, FIDO grants You a limited, personal, royalty-free, non-exclusive, nontransferable, nonsublicenseable right to access, download, view and use the BLOB file solely for the purpose of enabling authentication in accordance with FIDO Specifications found at https://fidoalliance.org/specifications/download/ .
2. Ownership of FIDO Materials With the exception of the Metadata Statements, which may contain non-public confidential and/or proprietary information of the Contributing Vendors, the MDS, the BLOB file and all methodology, user interfaces, trademarks, logos, content, and computer code therein (collectively, the “FIDO Materials”), including the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the MDS, are owned by FIDO and are protected by trade dress, trade secret, copyright, and trademark laws, and other intellectual property rights. Except as expressly provided in these Terms, the MDS may not be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, or distributed in any way for any purpose without FIDO’s express prior written consent. For the avoidance of any doubt, FIDO, the FIDO logo, and other FIDO logos and names of FIDO are trademarks of FIDO. You agree not to display or use these trademarks in any manner without the prior, written consent of FIDO, as specified for example in the FIDO Alliance Specification Trademark License Agreement. Additionally, unless otherwise authorized, You shall not, and shall cause your affiliates, agents, employees and contractors not to, use or disclose to any third party any transaction information or other data or information regarding any other users of the MDS, which is obtained through the MDS or disclosed to You by FIDO in connection with a transaction made via the MDS, for any purpose except as necessary to complete transactions made through the MDS and otherwise fulfill their obligations under these Terms.
3. Unauthorized Activities.
3.1 Unauthorized Activities with respect to Metadata Statements and the BLOB File:
(a) You agree that You will not remove, delete, detach or modify any Legal Header that is included in a Metadata Statement or a BLOB file. Removing, deleting, detaching or modifying any Legal Header that is included in a Metadata Statement or a BLOB file is a breach of these Terms and You shall cease use thereof immediately.
(b) You agree that You will not use any Metadata Statement or BLOB file for (i) any illegal purpose that violate any local, national, or international laws; (ii) any activities other than the Authorized Use set out in Section 1.1 above; or (iii) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring or selling any Metadata Statement or BLOB file, unless otherwise authorized by FIDO and/or the applicable Contributing Vendor in a separate written agreement.
(c) It is Your responsibility to use only valid Metadata Statements that You downloaded from the MDS based on the latest BLOB file. You must check the validity of the digital signature of the BLOB file prior to use of the BLOB file or any included Metadata Statements. If the check of the digital signature fails, the BLOB file is invalid. You agree that, upon determination of invalidity of a BLOB file, You shall not use the invalid BLOB file. Subject to the preceding sentence, (i) FIDO and/or the applicable Contributing Vendor strictly prohibits You from using any part of an invalid BLOB file or included Metadata Statement and (ii) using an invalid BLOB file or included Metadata Statement is strictly prohibited under these Terms.
(d) You agree that You will promptly delete any copies of a Metadata Statement that is no longer present in the latest version of the BLOB file available at https://mds.fidoalliance.org/.
3.2 Unauthorized Activities with respect to MDS and FIDO Materials. You agree that You will not knowingly access or use the MDS or any of the FIDO Materials for (i) any illegal purpose that violate any local, national, or international laws; (ii) any activities other than the Authorized Use set out in Section 1.1 above; (iii) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring or selling any of the FIDO Materials, unless otherwise authorized by FIDO in a separate written agreement; (iv) attempting to gain unauthorized access to FIDO’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the MDS or any services provided through the MDS; (v) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the MDS aimed at preventing or restricting the unauthorized use of the MDS or any of the FIDO Materials; or (vi) any downloading or copying of the FIDO Materials, other than the BLOB file, for any reason other than the uses expressly permitted hereunder, or any use of data mining or similar data gathering and extraction tools.
3.3 Any unauthorized use of the Metadata Statements or the BLOB file as described in Section 3.1, or any unauthorized use of the MDS and/or the FIDO Materials as described in Section 3.2, without the prior written permission of FIDO and/or the applicable Contributing Vendor is strictly prohibited. You acknowledge and agree that any unauthorized use of the Metadata Statements, BLOB file, the MDS and/or the FIDO Materials may cause irreparable harm to FIDO and/or FIDO Ecosystem Providers (as defined below). In the event of such unauthorized use, FIDO and/or the applicable Contributing Vendor shall be entitled to an injunction in addition to any other remedies available at law or in equity.
4. Third Party Links and Content. The MDS may contain links or APIs to other websites or advertisements for or placed by third parties, as well as websites that enable You to obtain information including certain metadata, purchase products and services. Your use of any third party’s website, services, or content is subject to the terms and conditions of such third party. It is solely your obligation to review and understand the practices and policies of such third parties. FIDO will use commercially reasonable efforts to review and monitor any third party materials in the MDS, but in any event expressly disclaims any responsibility for such content, the accuracy of the information, or quality of products or services provided by or advertised by third parties or the transactions You conduct or enter into with third parties. FIDO does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the MDS.
5. Disclaimer. The MDS, METADATA and the FIDO Materials are for informational purposes only. Without limiting anything else in these Terms or otherwise, FIDO and its subsidiaries, affiliates, suppliers, licensors, members, partners, relying parties and Contributing Vendors contributing their Metadata Statements (collectively, “FIDO Ecosystem Providers”) shall not be responsible for any errors or omissions in the MDS, METADATA or FIDO Materials. FIDO and the FIDO Ecosystem Providers are not responsible for and do not guarantee the accuracy or completeness of any FIDO Materials, METADATA, products, data, services, links, advertisements or other items contained within the MDS. FIDO reserves the right to immediately remove any FIDO Materials or METADATA should the FIDO Materials or METADATA contain serious errors (intentional or unintentional), false or fraudulent information, information infringing third party proprietary rights, malware, illegal content or the like and to insure smooth operation of the MDS. THE MDS, THE FIDO MATERIALS, METADATA, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE MDS ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE MDS, FIDO MATERIALS AND THE METADATA IS ENTIRELY AT YOUR OWN RISK. FIDO AND THE FIDO ECOSYSTEM PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE MDS, THE METADATA, THE FIDO MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE MDS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT.
6. Limitation of Liability. EACH PARTY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THIS AGREEMENT OR THE SUBJECT MATTER THEREOF.
7. Indemnification. You shall indemnify FIDO and its directors, officers, employees, agents and any Contributing Vendors (“FIDO Indemnitees”) against any and all third party claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with (a) Your use of the MDS, METADATA, FIDO Materials or any services, product or data obtained through the MDS; (b) Your fraud, violation of law, negligence, willful misconduct; and (c) any other use by You of the MDS, the METADATA, the FIDO Materials, or the services, products, information and other materials on, in and made available through the MDS, including any breach by You of these Terms, and shall indemnify and hold FIDO Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You agree to promptly notify FIDO of any Claims filed by third parties resulting from or in connection with the access or use of the MDS, METADATA, FIDO Materials or any services, product or data obtained through the MDS or the METADATA by You.
8. Internet Security. FIDO uses commercially reasonable efforts to ensure that the MDS is generally available and secure. You acknowledge that the technical processing and transmission of the content on the MDS, including any information that You transmitted, may involve (a) transmissions over various public networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices, over which FIDO and the FIDO Ecosystem Providers do not have control and are not responsible.
Changes to Terms. FIDO reserves the right to modify, change, or update these Terms at any time. Notice of any new or revised Terms, as well as the location of the new or revised Terms, will be posted on the MDS website. FIDO agrees that it will post a notification for any changes to these Terms on the MDS website no later than thirty (30) days before the changes become effective. If You do not agree to the Terms as changed, You must terminate these Terms before the changes become effective.
10. Termination. You may terminate these Terms at any time for any reason. FIDO may suspend or terminate these Terms between You or your account and/or your ability to access and use the MDS, or any services on the MDS, for failure to comply with these Terms, for providing FIDO with untrue or inaccurate information about yourself, for infringement of FIDO proprietary rights, or for any other reason whatsoever. As a consequence of termination of these Terms, You shall cease access and use of the MDS, the Metadata Statements and BLOB files. Sections 2, 3, 5, 6, 7, 10, 11 and 12 shall survive any termination of these Terms.
11. Governing Law and Jurisdiction. These Terms represent the entire agreement between You and FIDO with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules. By agreeing to these Terms or accessing the METADATA, You consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in San Jose, California; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
12. Miscellaneous. Without limiting any other provision hereunder set forth, FIDO makes no representation that the MDS, FIDO Materials, METADATA, services, products, information or other materials available on, in, or through the MDS is appropriate or available for use in other locations. The waiver or failure of FIDO to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not a party to these Terms will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Any personal information that is provided by or on behalf of You to FIDO in connection with the MDS is subject to our Privacy Policy. For more information, click here to view the Privacy Statement, https://fidoalliance.org/privacy-policy/ which is incorporated into these Terms by reference, as if set forth fully herein.
Dated: 2020-01-30
Version UT-3.00
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
The end-user documentation included with the redistribution, if any, must
include the following acknowledgment: "This product includes software
developed by Filament Group, Inc (http://www.filamentgroup.com/) and its
contributors", in the same place and form as other third-party acknowledgments.
Alternately, this acknowledgment may appear in the software itself, in the same
form and location as other such third-party acknowledgments.
Usage Agreement
EPSS is an emerging standard developed by a volunteer group of researchers, practitioners, academics and government personnel. We grant the use of EPSS scores freely to the public, subject to the conditions below. We reserve the right to update the model and these webpages periodically, as necessary, though we will make every attempt to provide sufficient notice to users in the event of material changes. While membership in the EPSS SIG is not required to use or implement EPSS, however, we ask that if you are using EPSS, that you provide appropriate attribution where possible. EPSS can be cited either from this website (e.g. "See EPSS at https://www.first.org/epss), or as: Jay Jacobs, Sasha Romanosky, Benjamin Edwards, Michael Roytman, Idris Adjerid, (2021), Exploit Prediction Scoring System, Digital Threats Research and Practice, 2(3)
First Works Appreciative License
Version 1.2
July 7, 2005
Copyright (c) 2005
Jonathan Michael Davis
<jond_123@hotmail.com>
<jon@jondavis.net>
All Rights Reserved
This First Works Appreciative License (the "License") applies to any original
work of authorship (the "Original Work") under whose owner (the "Licensor") has
included and clearly referenced this license as part of the Original work, or
has placed the following notice immediately following or accompanying the
copyright notice for the Original Work:
"Licensed under the First Works Appreciative License version 1.2"
The recipient and/or of Original Work (the "Licensee") is hereby granted this
License.
1) GRANT OF LICENSE. Licensor hereby grants to the Licensee a worldwide,
non-exclusive, perpetual license to exercise the following activities:
a) to reproduce the Original Work in its original state;
b) to prepare cooperative works in conjunction with the Original Work
that extend the functionality or usefulness of Original Work;
c) to modify the Original Work (the "Modified Work") for personal use
or limited distribution, with the provision that copies of the
Modified Work shall conform to the obligations set forth by the
sections of this license entitled Conditions Of Redistribution
(section 2) and Limitations Of Derivative Work (section 3);
d) to distribute copies of the Original Work and associated works to
the public, with the provision that copies of the Original Work
shall conform to the obligations set forth by the sections of this
license entitled Conditions Of Redistribution (section 2) and
Limitations Of Derivative Work (section 3);
e) to perform the Original Work publicly or privately;
f) to display the Original Work publicly or privately.
2) CONDITIONS OF REDISTRIBUTION. The grant of copyright license for
redistribution is limited to the following conditions:
a) Original authorship recognition shall be retained with all copies of
Original Work and Modified Work insomuch as was reflected by the
Original Work. Modified Work may assign new logos and other artwork
and designs to override Original Work, provided it does not negate
communication of original authorship or Licensor and identifies the
name and/or title of the Original Work.
b) Distribution of Original Work may not directly profit, including
profitable sale of the Original Work, without permission from the
Licensor, whether accompanied with this License or provided to
Licensee as a separate exchange of communication or agreement. This
limitation DOES NOT hinder Licensee from bundling Original Work with
other work of value for profit, provided that the bundle is not
identified, labeled, described, or otherwise marketed with the
bundled work being the primary product associated with the bundle.
c) Distribution of Modified Work may directly profit, including
profitable sale of the Modified Work, provided that the Licensee has
made a reasonable effort to obtain prior permission to perform the
work. Licensor reserves the right to deny permission if contacted.
However, the requirement of permission is dependent upon the
Licensor's accessibility, such as having a valid address. If the
Licensee can reasonably evidence that contact could not be made
with the Licensor to obtain permission within 60 days of reasonable
effort, obtainment of permission is not required, provided
subsection "d" is retained.
d) Distribution of Modified Work shall not be granted unless either:
1. The modifications are reasonably minor, and the product is
clearly identified as modified, but the product otherwise
retains all identifications of the Original Work, with the
original author and Licensor retained.
ii. The modifications are reasonably significant, and the
Modified Work has insignificant (less than 50%) dependence
upon the Original Work to maintain value or usefulness.
Ratio of dependence shall not be construed to assume
measurement based upon file size, lines of code, visual
exposure, or otherwise, but shall be measured fairly on a
case by case basis in a court of law or by a third party
mediator.
3) LIMITATIONS OF DERIVATIVE WORK. Source code is provided freely for personal
use on the local machine, and for modifying Original Work to create Modified
Work for use on a personal basis on a local machine, or to distribute
according to the Conditions of Redistribution (section 2). Source code may
also be used for business use, but not for commercial use except as outlined
in Conditions of Redistribution (section 2). Source code is also provided
for unlimited educational use, provided that the Licensee is or represents
an established educational organization, and original authorship notations
and recognitions are retained.
4) NO WARRANTY. Except as expressly set forth in this or any superseding
agreement, the Original Work is provided on an "as is" basis, without
warranties or conditions of any kind, either express or implied including,
without limitation, any warranties or conditions of title, non-infringement,
merchantability or fitness for a particular purpose. Each Recipient is
solely responsible for determining the appropriateness of using and
distributing the Original Work (or Modified Work) and assumes all risks
associated with its exercise of rights under this License, including but not
limited to the risks and costs of software errors, compliance with
applicable laws, damage to or loss of data, software or hardware, and
unavailability or interruption of operations.
5) DISCLAIMER OF LIABILITY. Except as expressly set forth in this or any
superseding agreement, neither Licensee nor Licensor, nor any contributors
to Modified Works, shall have any liability for any direct, indirect,
incidental, special, exemplary, or consequential damages (including without
limitation lost profits), however caused and on any theory of liability,
whether in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the use or distribution of the Original
Work or the exercise of any rights granted hereunder, even if advised of
the possibility of such damages.
The United States Government has rights in this work pursuant
to contract no. DE-AC03-76SF00098 between the United States
Department of Energy and the University of California.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
Neither the name of the University nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
This basically says "do whatever you please with this software except
remove this notice or take advantage of the University's (or the flex
authors') name".
Note that the "flex.skl" scanner skeleton carries no copyright notice.
You are free to do whatever you please with scanners generated using flex;
for them, you are not even bound by the above copyright.
ADOBE FLEX 2.0.1 SOFTWARE DEVELOPMENT KIT (Non Open Source Version)
Software License Agreement
NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNS INSTALLATION AND USE OF THE ADOBE SOFTWARE DESCRIBED HEREIN BY LICENSEES OF SUCH SOFTWARE. LICENSEE AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY LICENSEE. BY CLICKING TO ACKNOWLEDGE AGREEMENT TO BE BOUND DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE, OR DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, LICENSEE ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS AND USES THE SOFTWARE AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT INSTALLS OR USES THE SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.
THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE TO WHICH LICENSEE HAS OBTAINED A VALID LICENSE (E.G., ADOBE FLEX DATA SERVICES SOFTWARE OR ADOBE FLEX SOFTWARE DEVELOPMENT KIT) REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
LICENSEE’S RIGHTS UNDER THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IN A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
1. Definitions
1.1 "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 9(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Dublin, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
1.2 "Authorized Users" means employees and individual contractors (i.e., temporary employees) of Licensee.
1.3 "Computer" means one or more central processing units ("CPU") in a hardware device (including hardware devices accessed by multiple users through a network ("Server")) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
1.4 "Development Software" means Software licensed for use in a technical environment solely for internal development and testing with respect to licensed Production Software.
1.5 "Disaster Recovery Environment" means Licensee’s technical environment designed solely to allow Licensee to respond to an interruption in service due to an event beyond Licensee’s control that creates an inability on Licensee’s part to provide critical business functions for a material period of time.
1.6 "Documentation" means the user manuals and/or technical publications as applicable, relating to installation, use and administration of the Software.
1.7 "Flex Software Development Kit" means the SDK Components that are licensed as a standalone deliverable, and not as part of another software application.
1.8 "Internal Network" means Licensee’s private, proprietary network resource accessible only by Authorized Users. "Internal Network" specifically excludes the Internet (as such term is commonly defined) or any other network community open to the public, including membership or subscription driven groups, associations or similar organizations. Connection by secure links such as VPN or dial up to Licensee’s Internal Network for the purpose of allowing Authorized Users to use the Software should be deemed use over an Internal Network.
1.9 "Per-CPU" The total number of CPUs on the Computers used to operate the Software may not exceed the licensed quantity of CPUs. For purposes of this definition, all CPUs on a Computer on which the Software is installed shall be deemed to operate the Software unless Customer configures that Computer (using a reliable and verifiable means of hardware or software partitioning) such that the total number of CPUs that actually operate the Software is less than the total number on that Computer.
1.10 "Production Software" means Software licensed for productive business use.
1.11 "Sample Code" means sample software in source code format designated in the Documentation as "sample code", "samples," "sample application code", and/or "snippets", and found in directories labeled "samples", but shall not mean any components that are part of the SDK Components.
1.12 "SDK Components" means the files, libraries, and executables contained in the directory labeled Flex SDK 2 or, as applicable, subsequently labeled directories (e.g. Flex SDK 2.1, Flex SDK 3, etc.) (except for the contents contained in subdirectory "samples"), including the SDK Source Files, build files, compilers, and related information, as well as the file format specifications, if any, included as part of the Software as described in the Documentation or a "Read Me" file accompanying the applicable Software.
1.13 "Software" means the object code version of the validly licensed software program(s) including all Documentation and other materials provided by Adobe to Licensee under this Agreement, and any modified versions and copies of, and upgrades, updates and additions to such Software, provided to Licensee by Adobe at any time, to the extent not provided under a separate agreement. The term "Software Product" may also be used to indicate a particular product or version of a product, and otherwise has the same meaning as Software.
2. License. Subject to the terms and conditions of this Agreement, Adobe grants to Licensee a perpetual, non-exclusive license to use the Software delivered hereunder according to the terms and conditions of this Agreement, on Computers connected to Licensee’s Internal Network, on the licensed platforms and configurations, in the manner and for the purposes described in the Documentation. If Licensee has licensed Adobe Flex Data Services Software, then the terms of Section 3 also apply to Licensee’s use of the Software unless Licensee licenses the software for evaluation purposes, in which case Section 4.1 applies, or unless Licensee licenses Not For Resale software, in which case Section 4.2 applies. The following additional terms also apply to Licensee’s use of the Software.
2.1 SDK Components.
2.1.1 License Grant. Subject to the terms and conditions of this Agreement, Adobe grants Licensee a non-exclusive, nontransferable license to (a) use the SDK Components for the sole purpose of internally developing Developer Programs, (b) use the SDK Components as part of Licensee’s website for the sole purpose of compiling the Developer Programs that are distributed through the Licensee’s website, (c) modify and reproduce SDK Source Files for use as a component of Developer Programs that add Material Improvements to the SDK Source Files, and (d) distribute SDK Source Files in object code form and/or source code form only as a component of Developer Programs that add Material Improvements to the SDK Source Files, provided that (1) such Developer Programs are designed to operate in connection with Adobe Flex Builder, Adobe Flex Charting, Adobe Flex Data Services Software, or the SDK Components, (2) Licensee distributes such object code and/or source code under the terms and conditions of an End User License Agreement, (3) Licensee includes a copyright notice reflecting the copyright ownership of Developer in such Developer Programs, (4) Licensee shall be solely responsible to its customers for any update or support obligation or other liability which may arise from such distribution, (5) Licensee does not make any statements that its Developer Program is "certified," or that its performance is guaranteed, by Adobe, (6) Licensee does not use Adobe’s name or trademarks to market its Developer Programs without written permission of Adobe, (7) Licensee does not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within the SDK Source Files and/or SDK Components, or any documentation relating to the SDK Components, (8) Licensee causes any modified files to carry prominent notices stating that Licensee changed the files, and (9) Licensee does not use "mx", "mxml", "flex", "flash" or "adobe" in any new package or class names distributed with the SDK Source Files. Any modified or merged portion of the SDK Source Files is subject to this Agreement.
2.1.2 Definitions Related To SDK Components.
(a) "Developer Programs" shall mean programs that are built consisting partly of the SDK Source Files and partly of user’s Material Improvement to add to or extend the SDK Source Files.
(b) "End User License Agreement" means an end user license agreement that provides a: (1) limited, nonexclusive right to use the subject Developer Program; (2) set of provisions that ensures that any sublicensee of Licensee exercising the rights in such End User License Agreement complies with all restrictions and obligations set forth herein with respect to SDK Components; (3) prohibition against reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the subject Developer Program that is substantially similar to that set forth in Section 2.10.1 below; (4) statement that, if Licensee’s customer requires any Adobe software in order to use the Developer Program, (i) Licensee’s customer must obtain such Adobe software via a valid license, and (ii) Licensee’s customer’s use of such Adobe software must be in accordance with the terms and conditions of the end user license agreement that ships with such Adobe software; (5) statement that Licensee and its suppliers retain all right, title and interest in the subject Developer Program that is substantially similar to that set forth as Section 5 below, (6) statement that Licensee’s suppliers disclaim all warranties, conditions, representations or terms with respect to the subject Developer Program, and (7) limit of liability that disclaims all liability for the benefit of Licensee’s suppliers.
(c) "Material Improvement" shall mean perceptible, measurable and definable improvements to the SDK Source Files that provide extended or additional significant and primary functionality that add significant business value to the SDK Source Files.
(d) "SDK Source Files" shall mean the Flex Framework source code files that are provided with the SDK Components and, if Licensee purchases a license to Adobe Flex Charting Software, Flex Charting components source code files that are provided with Flex Charting Software.
2.1.3 Restrictions.
(a) General Restrictions. Except for the limited distribution rights as provided in Section 2.1.1 above with respect to SDK Source Files, Licensee may not distribute, sell, sublicense, rent, loan, or lease the SDK Components and/or any component thereof to any third party. For the avoidance of doubt, Licensee shall not have a right to distribute any SDK Components that are provided as executables and/or in object code form. Licensee also agrees not to add or delete any program files that would modify the functionality and/or appearance of other Adobe software and/or any component thereof.
(b) Development Restrictions. Licensee agrees that Licensee will not use the SDK Components to create, develop or use any program, software or service which (1) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (2) when used in the manner in which it is intended, violates any material law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); or (3) interferes with the operability of other Adobe or third-party programs or software.
(c) Indemnification. Licensee agrees to defend, indemnify, and hold Adobe and its suppliers harmless from and against any claims or lawsuits, including attorneys’ reasonable fees, that arise or result from the use or distribution of Developer Programs, provided that Adobe gives Licensee prompt written notice of any such claim, tenders to Licensee the defense or settlement of such a claim at Licensee’s expense, and cooperates with Licensee, at Licensee’s expense, in defending or settling such claim.
2.2 Sample Code. Licensee may modify the Sample Code solely for the purposes of designing, developing and testing Licensee’s own software applications. However, Licensee is permitted to use, copy and redistribute its modified Sample Code only if all of the following conditions are met: (a) Licensee includes Adobe's copyright notice (if any) with Licensee’s application, including every location in which any other copyright notice appears in such application; and (b) Licensee does not otherwise use Adobe's name, logos or other Adobe trademarks to market Licensee’s application. Licensee agrees to defend, indemnify, and hold Adobe and its suppliers harmless from and against any claims or lawsuits, including attorneys’ reasonable fees, that arise or result from the use or distribution of Licensee’s applications, provided that Adobe gives Licensee prompt written notice of any such claim, tenders to Licensee the defense or settlement of such a claim at Licensee’s expense, and cooperates with Licensee, at Licensee’s expense, in defending or settling such claim.
2.3 Adobe Flex Charting Software. If Adobe Flex Charting Software is included with the Software, then such Adobe Flex Charting Software is deemed an evaluation version, use of which is subject to Section 4.1 of this Agreement except for the sixty (60) day time out described therein; provided, however, such evaluation version shall be used solely in connection with Licensee’s use of the Flex SDK Components. In the event Licensee purchases a Production Software license to Adobe Flex Charting Software and enables such license with a production serial number, then the Licensee’s use of such Production Software shall be governed by the following terms:
Adobe grants Licensee a non-exclusive license to use the Adobe Flex Charting Software for which Licensee has purchased and provided hereunder in the manner and for the purposes described in the Documentation, as further set forth below:
2.3.1 General Use. Licensee may install and use one copy of the Adobe Flex Charting Software on up to the licensed number of its compatible Computers; or
2.3.2 Server Deployment. Licensee may install one copy of the Adobe Flex Charting Software on one Computer file server within its Internal Network for the purpose of downloading and installing the Software on up to the licensed number of other Computers within the same Internal Network; or
2.3.3 Server Use. Licensee may install the licensed number of copies of the Adobe Flex Charting Software on the licensed number of Computer file server(s) within your Internal Network only for use of the Adobe Flex Charting Software (in conjunction with the use of licensed copies of Flex Data Services Software) initiated by an individual through commands, data or instructions (e.g., scripts) from a Computer within the same Internal Network. The total number of users (not the concurrent number of users) permitted to use the Software on such Computer file server(s) may not exceed the licensed number.
2.3.4 Portable or Home Computer Use. The primary user of the Computer on which the Software is installed may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary Computer.
2.4 Backup and Disaster Recovery. Licensee may make a reasonable number of backup copies of the Software, provided the backup copies are not installed or used for other than archival purposes. With respect to Flex Data Services Software, if applicable, Licensee may also install copies of the Software in a Disaster Recovery Environment for use solely in disaster recovery and not for production, development, evaluation or testing purposes other than to ensure that the Software is capable of replacing the primary usage of the Software in case of a disaster.
2.5 Documentation. Licensee may make copies of the Documentation for use by Authorized Users in connection with use of the Software in accordance with this Agreement, but no more than the amount reasonably necessary. Any permitted copy of the Documentation that Licensee makes must contain the same copyright and other proprietary notices that appear on or in the Documentation.
2.6 Outsourcing. Licensee may sub-license use of the Software to a third party outsourcing or facilities management contractor to operate the Software on Licensee’s behalf, provided that (a) Licensee provides Adobe with prior written notice; (b) Licensee is responsible for ensuring that any such contractor agrees to abide by and fully complies with the terms of this Agreement as they relate to the use of the Software on the same basis as applies to Licensee; (c) such use is only in relation to Licensee’s direct beneficial business purposes as restricted herein; (d) such use does not represent or constitute an increase in the scope or number of licenses provided hereunder; and (e) Licensee shall remain fully liable for any and all acts or omissions by the contractor related to this Agreement.
2.7 Font Software. If the Software includes font software, then Licensee may (a) use the font software on Licensee’s Computers in connection with Licensee’s use of the Software as permitted under this Agreement; (b) output such font software on any output devices connected to Licensee’s Computers; (c) convert and install the font software into another format for use in other environments provided that use of the converted font software may not be distributed or transferred for any purpose except in accordance with the transfer section in this Agreement; and (d) embed copies of the font software into Licensee’s electronic documents for the purpose of printing and viewing the document, provided that if the font software Licensee is embedding is identified as "licensed for editable embedding" on Adobe’s website at http://www.adobe.com/type/browser/legal/embeddingeula.html, Licensee may also embed copies of that font software for the additional limited purpose of editing Licensee’s electronic documents.
2.8 Deployment. Any application created using Flex Data Service Software must be deployed with an authorized and validly licensed Production Software copy of Flex Data Services Software.
2.9 JRun Application. Licensee is prohibited from using Adobe JRun application server included with the Software other than solely in connection with its use of the Software and only for purposes of development.
2.10 Restrictions
2.10.1 No Modifications, No Reverse Engineering. Except as specifically provided herein with respect to SDK Components, Licensee shall not modify, port, adapt or translate the Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of Licensee’s jurisdiction give Licensee the right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that Licensee must first request such information from Adobe and Adobe may, in its discretion, either provide such information to Licensee or impose reasonable conditions, including a reasonable fee, on such use of the source code to ensure that Adobe’s and its suppliers’ proprietary rights in the source code for the Software are protected.
2.10.2 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages or may be provided to Licensee on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to Licensee as a single product to be used as a single product on Computers and platforms as permitted herein. Licensee is not required to use all component parts of the Software, but Licensee shall not unbundle the component parts of the Software for use on different Computers. Licensee shall not unbundle or repackage the Software for distribution, transfer or resale.
2.10.3 No Transfer. Licensee shall not sublicense, assign or transfer the Software or Licensee’s rights in the Software, or authorize any portion of the Software to be copied onto or accessed from another individual’s or entity’s Computer except as may be explicitly provided in this Agreement. Notwithstanding anything to the contrary in this Section 2.10.3, Licensee may transfer copies of the Software installed on one of Licensee’s Computers to another one of Licensee’s Computers provided that the resulting installation and use of the Software is in accordance with the terms of this Agreement and does not cause Licensee to exceed Licensee’s right to use the Software under this Agreement.
2.10.4 Prohibited Use. Except as expressly authorized under this Agreement, Licensee is prohibited from: (a) using the Software on behalf of third parties; (b) renting, leasing, lending or granting other rights in the Software including rights on a membership or subscription basis; and (c) providing use of the Software in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis.
2.10.5 Export Rules. Licensee agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as an export controlled item under the Export Laws, Licensee represents and warrants that Licensee is not a citizen of, or located within, an embargoed or otherwise restricted nation (including Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Software. All rights to install and use the Software are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement.
3. License Metrics and Limitations.
3.1 Production Software License. Unless Licensee has been granted a valid serial number for another type of Adobe Flex Data Services Software license, Licensee shall be deemed to have licensed Adobe Flex Data Services Express Software.
3.1.1 Adobe Flex Data Services Enterprise License. This Section 3.1.1 applies only if Licensee has obtained a valid Adobe Flex Data Services Enterprise Software license. Adobe grants Licensee a license to install and use the Adobe Flex Data Services Software as Production Software on a Per-CPU basis.
3.1.2 Adobe Flex Data Services Departmental License. This Section 3.1.2 applies only if Licensee has obtained a valid Adobe Flex Data Services Departmental Software license. Adobe grants Licensee a license to (a) install and use the Adobe Flex Data Services Departmental Software as Production Software on a Per-CPU basis, and (b) operate applications designed to use the Flex Data Services Departmental Software (each a "Licensee Application") only with licensed CPUs provided that no more than 100 users shall concurrently use and/or access any Licensee Application or group of Licensee Applications that are operated with one (1) or more of the same CPUs.
3.1.3 Adobe Flex Data Services Express License. This Section 3.1.3 applies only if Licensee has obtained a valid Adobe Flex Data Services Express Software license. With respect to each unique application created by Licensee, Adobe grants Licensee a license to install and use such unique application and the Adobe Flex Data Services Express Software as Production Software on a Per-CPU basis; provided that Licensee shall not: (a) install, use or access such unique application and/or the Adobe Flex Data Services Express Software on more than one CPU, (b) cluster any CPUs, and/or (c) use load balancing. For avoidance of doubt, Licensee shall not deploy any unique application on multiple disconnected single CPUs, including without limitation, on kiosks and other such devices.
3.2 Development Software License. This Section 3.2 applies only if Licensee has obtained a valid Development Software license to the Software. In addition to the other terms contained herein, Licensee’s license to the Development Software is limited to use in Licensee’s technical environment strictly for testing and development purposes and not for production purposes. Licensee may (a) install the Development Software on Servers connected to Licensee’s Internal Network provided that the total number of Computers used to operate the Development Software does not exceed the licensed amount, and (b) permit Authorized Users to use the Development Software in accordance with this Agreement.
3.3 Adobe Flex Automation Agents License. This Section 3.3 governs Licensee’s use of the Adobe Flex Automation Agents software that accompanies Adobe Flex Data Services Enterprise Software and Adobe Flex Data Services Departmental Software. Adobe grants to Licensee a license to use the Adobe Flex Automation Agents software in connection with validly licensed Adobe Flex software to (a) build and internally playback tests of Flex applications developed by Licensee as Development Software, provided that the total number of Authorized Users permitted to create and/or execute test scripts shall not exceed the total number of valid CPU licenses of Adobe Flex Data Services Enterprise Software and Adobe Flex Data Services Departmental Software obtained by Licensee; and (b) deploy Flex applications developed by Licensee that use Adobe Flex Automation Agents on Licensee’s Computers as Production Software, provided that the total number of CPUs on which such applications are deployed shall not exceed the total number of valid CPU licenses of Adobe Flex Data Services Enterprise Software and Adobe Flex Data Services Departmental Software obtained by Licensee.
4. Evaluation Software and Not for Resale Software.
4.1 Evaluation Software. This Section 4.1 applies only if Licensee has obtained a valid license to evaluate Software as separately provided in writing by Adobe, as indicated by the serial number Licensee enters upon installation, and/or as indicated by the Software when first executed.
4.1.1 License. In addition to the other terms contained herein, Licensee’s license to evaluate the Software is limited to use strictly for Licensee’s own internal evaluation and review purposes and not for production purposes, and is further limited to a period not to exceed sixty (60) days from the date Licensee obtains the Software, unless such period of time is extended by Adobe, in which case, such period shall not exceed the expiration date of such extended period. Licensee may (a) install the Software on one (1) Computer connected to Licensee’s Internal Network, and (b) permit Authorized Users to use the Software to deliver content within Licensee’s Internal Network. Licensee’s rights with respect to the Software are further limited as described in Section 4.1.2.
4.1.2 Limitations. Licensee acknowledges that as evaluation software, the Software might place watermarks on output, contain limited functionality, or cease operations after a designated period of time unless extended by Adobe upon Licensee’s acquisition of a full commercial license. Licensee’s rights to install and use Software under this Section 4.1 will terminate immediately upon the earlier of (a) the expiration of the evaluation period described herein, or (b) such time that Licensee purchases a license to a non-evaluation version of such Software. Adobe reserves the right to terminate Licensee’s license to evaluate Software at any time in its sole discretion. Licensee agrees to return or destroy Licensee’s copy of the Software upon termination of this Agreement for any reason. To the extent that any provision in this Section 4.1 is in conflict with any other term or condition in this Agreement, this Section 4.1 shall supersede such other term(s) and condition(s) with respect to the evaluation of Software, but only to the extent necessary to resolve the conflict. LICENSEE ACKNOWLEDGES THAT THE EVALUATION SOFTWARE MIGHT PLACE WATERMARKS ON OUTPUT, CONTAIN LIMITED FUNCTIONALITY, OR FUNCTION FOR A LIMITED PERIOD OF TIME, AND ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE OR ANY PRODUCT ASSOCIATED WITH SUCH SOFTWARE IS ENTIRELY AT LICENSEE’S OWN RISK. ADOBE IS LICENSING THE SOFTWARE FOR EVALUATION ON AN "AS IS" BASIS AT LICENSEE’S OWN RISK. ADOBE DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO LICENSEE OF ANY KIND. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN EVALUATION OF SOFTWARE.
4.2. Not For Resale Software. This Section 4.2 applies only if Licensee has obtained a valid license to evaluate the Software as "Not For Resale" or "NFR" software separately provided in writing by Adobe, as indicated by the serial number Licensee enters upon installation and/or as indicated by the Software when first executed.
4.2.1 License. In addition to the other terms contained herein, Licensee’s license to evaluate the Software is limited to use strictly for Licensee’s own internal evaluation and review purposes and not for production purposes. Licensee may (a) install the Software on one (1) Computer connected to Licensee’s Internal Network, and (b) permit Authorized Users to use the Software to deliver content within Licensee’s Internal Network. Licensee’s rights with respect to the Software are further limited as described in Section 4.2.2.
4.2.2 Limitations. Adobe reserves the right to terminate Licensee’s license to evaluate Software at any time in its sole discretion. Licensee agrees to return or destroy Licensee’s copy of the Software upon termination of this Agreement for any reason. To the extent that any provision in this Section 4.2 is in conflict with any other term or condition in this Agreement, this Section 4.2 shall supersede such other term(s) and condition(s) with respect to the evaluation and review of the Software, but only to the extent necessary to resolve the conflict. ADOBE IS LICENSING THE SOFTWARE FOR EVALUATION ON AN "AS IS" BASIS AT LICENSEE’S OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN NOT FOR RESALE SOFTWARE.
5. Intellectual Property Rights. The Software and any copies that Licensee is authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant Licensee any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe.
6. Updates. If the Software is an upgrade or update to a previous version of the Software, Licensee must possess a valid license to such previous version in order to use such upgrade or update. All upgrades and updates are provided to Licensee subject to the terms of this Agreement on a license exchange basis. Licensee agrees that by using an upgrade or update Licensee voluntarily terminates Licensee’s right to use any previous version of the Software. As an exception, Licensee may continue to use previous versions of the Software on Licensee’s Computers after Licensee obtains the upgrade or update but only for a reasonable period of time to assist Licensee in the transition to the upgrade or update, and further provided that such simultaneous use shall not be deemed to increase the number of copies, licensed amounts or scope of use granted to Licensee hereunder. Upgrades and updates may be licensed to Licensee by Adobe with additional or different terms.
7. WARRANTY
7.1. Warranty. Adobe warrants to Licensee that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following shipment of the Software when used on the recommended operating system, platform and hardware configuration. This limited warranty does not apply to Flex Data Services Express Software, evaluation software (as identified in Section 4.1), Not For Resale software (as identified in Section 4.2), Flex Software Development Kit, patches, Sample Code, and font software converted into other formats. All warranty claims must be made within such ninety (90) day period. If the Software does not perform as warranted above, the entire liability of Adobe and Licensee’s exclusive remedy shall be limited to either, at Adobe’s option, the replacement of the Software or the refund of the license fee paid to Adobe for the Software.
7.2 DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY ADOBE AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE’S, ITS AFFILIATES’ OR ITS SUPPLIERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IN LICENSEE’S JURISDICTION, ADOBE, ITS AFFILIATES AND ITS SUPPLIERS PROVIDE THE SOFTWARE AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE, IN NO EVENT WILL ADOBE, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this Agreement limits Adobe’s liability to Licensee in the event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Licensee Support Department.
9. Governing Law. This Agreement, each transaction entered into hereunder, and all matters arising from or related to this Agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is purchased when Licensee is in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when Licensee is in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when Licensee is in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. Updates may be licensed to Licensee by Adobe with additional or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement. This is the entire agreement between Adobe and Licensee relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
11. Notice to U.S. Government End Users.
11.1 Commercial Items. The Software and Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
11.2 U.S. Government Licensing of Adobe Technology. Licensee agrees that when licensing Adobe Software for acquisition by the U.S. Government, or any contractor therefore, Licensee will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
12. Compliance with Licenses. Adobe may, at its expense, and no more than once every twelve (12) months, appoint its own personnel or an independent third party to verify the number of copies and installations as well as usage of the Adobe software in use by Licensee. Any such verification shall be conducted upon seven (7) business days notice, during regular business hours at Licensee’s offices and shall not unreasonably interfere with Licensee’s business activities. Both Adobe and its auditors shall execute a commercially reasonable non-disclosure agreement with Licensee before proceeding with the verification. If such verification shows that Licensee is using a greater number of copies of the Software than that legitimately licensed, or are deploying or using the Software in any way not permitted under this Agreement and which would require additional license fees, Licensee shall pay the applicable fees for such additional copies within thirty (30) days of invoice date, with such underpaid fees being the license fees as per Adobe’s then-current, country specific, license fee list. If underpaid fees are in excess of five percent (5%) of the value of the fees paid under this Agreement, then Licensee shall pay such underpaid fees and Adobe’s reasonable costs of conducting the verification.
13. Third-Party Beneficiary. Licensee acknowledges and agrees that Adobe’s licensors (and/or Adobe if Licensee obtained the Software from any party other than Adobe) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with respect to the respective technology of such licensors and/or Adobe.
14. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
14.1 Limited Warranty for Users Residing in Germany or Austria. If Licensee obtained the Software in Germany or Austria, and Licensee usually resides in such country, then Section 7 does not apply; instead, Adobe warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if Licensee is a business user and two (2) years if Licensee is not a business user. Non-substantial variation from the agreed upon functionalities will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO LICENSEE FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR TO FONT SOFTWARE CONVERTED INTO OTHER FORMATS, WEB SITES, ONLINE SERVICES, OR SOFTWARE THAT HAS BEEN ALTERED BY LICENSEE, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. s To make a warranty claim, during the limited warranty period Licensee must return, at our expense, the Software and proof of purchase to the location where Licensee obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, Licensee is entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact the Adobe Customer Support Department.
14.2 Limitation of Liability for Users Residing in Germany and Austria.
14.2.1 If Licensee obtained the Software in Germany or Austria, and Licensee usually resides in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, Adobe and its affiliates' statutory liability for damages will be limited as follows: (i) Adobe and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
14.2.3 Licensee is required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and Licensee’s computer data subject to the provisions of this agreement.
15. Educational Software Product. If the Software accompanying this agreement is Educational Software Product (Software manufactured and distributed for use by only Educational End Users), Licensee is not entitled to use the Software unless Licensee qualifies in its jurisdiction as an Educational End User. Please visit http://www.adobe.com/education/purchasing to learn if Licensee qualifies. To find an Adobe Authorized Academic Reseller in Licensee’s area, please visit http://www.adobe.com/store and look for the link for Buying Adobe Products Worldwide.
If Licensee has any questions regarding this agreement or if Licensee wishes to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving Licensee’s jurisdiction.
Adobe is either a registered trademark or trademark of Adobe Systems Incorporated in the United States and/or other countries.
Flora License
Version 1.1, April, 2013
http://floralicense.org/license
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
"Tizen Certified Platform" shall mean a software platform that complies with the standards set forth in the Tizen Compliance Specification and passes the Tizen Compliance Tests as defined from time to time by the Tizen Technical Steering Group and certified by the Tizen Association or its designated agent.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work solely as incorporated into a Tizen Certified Platform, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work solely as incorporated into a Tizen Certified Platform to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof pursuant to the copyright license above, in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License and your own copyright statement or terms and conditions do not conflict the conditions stated in this License including section 3.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Flora License to your work
To apply the Flora License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Flora License, Version 1.1 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://floralicense.org/license
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
Change Log
* Version 1.1, April, 2013
The term "Compatibility Definition Document" has been changed to "Tizen Compliance Specification"
The term "Compatibility Test Suites" has been changed to "Tizen Compliance Tests"
Clarified 4.4 condition on Licensee's own copyright to derivative works or modifications
FlowCrypt Free License 1.0
Licensor: FlowCrypt a.s.
Software: FlowCrypt PGP browser extension, FlowCrypt Android App, FlowCrypt iOS App.
Use Limitation: This software is free to use with the following limitations:
Password-protected messages are stored for 90 days for both free users and Enterprise users who use Shared Tenant FES but Enterprise users who run their own server infrastructure can choose the expiration time.
Messages, attachments, or files can only be transferred through the used email provider or through services provided by the Licensor. Never through 3rd party or custom services.
A plain-text portion of password-protected messages must only include a link to a page on the flowcrypt.com domain. The recipient cannot be directed to any other place or means of decrypting password-protected messages.
Password-protected messages cannot link or lead to a web page where an encrypted reply is possible.
Cannot request attestation of secondary send-from email addresses (email aliases).
Limit one re-attestation (change of associated pubkey) per email address.
Cannot set up a custom email footer to be included in sent messages (encrypted or not).
Maximum 100 email addresses per domain, except for gmail.com, outlook.com, and other public email service provider domains.
You are granted a limited license to the Software under this FlowCrypt Free License. Please read this FlowCrypt Free License carefully, particularly the Use Limitation outlined above.
Subject to the Use Limitation, Licensor grants you a non-exclusive, worldwide (subject to applicable laws) license to copy, modify, display, use, create derivative works, and redistribute the Software. If your use of the Software exceeds or will exceed, the foregoing limitations you must obtain alternative licensing terms for the Software directly from Licensor, its affiliated entities, or authorized resellers. There are no Use Limitations for non-production purposes.
All copies of original and modified Software, and derivative works of the Software, are subject to this FlowCrypt Free License. This FlowCrypt Free License applies separately to each version of the Software.
You must conspicuously display this FlowCrypt Free License on each original or modified copy of the Software. If you receive the Software in original or modified form from a third party, the restrictions outlined in this FlowCrypt Free License apply to your use of such Software.
Any use of the Software in violation of this FlowCrypt Free License will automatically terminate your rights under this FlowCrypt Free License for the current and all future versions of the Software.
You may not use the marks or logos of the Licensor or its affiliates for commercial purposes without prior written consent from the Licensor.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL SERVICES PROVIDED BY LICENSOR OR ITS AFFILIATES UNDER OR IN CONNECTION WITH THIS FLOWCRYPT FREE LICENSE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT.
FlowCrypt License 1.1
Licensor: FlowCrypt a. s.
Software: FlowCrypt PGP browser extension.
Use Limitation: This software is free to use with the following limitations:
- Password encrypted messages and attachments have to expire in 7 days.
- Messages, attachments or files can only be transferred through used email provider or through services provided by Licensor. Never through 3rd party or custom services.
- Plain-text portion of password encrypted messages must only include a link to a page on flowcrypt.com domain. Recipient cannot be directed to any other place or means of decrypting password encrypted messages.
- Password encrypted messages cannot link or lead to a web page where encrypted reply is possible.
- Cannot set up a custom email footer to be included in sent messages (encrypted or not).
- Maximum 100 email addresses per domain (except gmail.com, outlook.com and other public email service provider domains).
_____________________________________________
You are granted limited license to the Software under this FlowCrypt License. Please read this FlowCrypt License carefully, particularly the Use Limitation set forth above.
Subject to the Use Limitation, Licensor grants you a non-exclusive, worldwide (subject to applicable laws) license to copy, modify, display, use, create derivative works, and redistribute the Software. If your use of the Software exceeds, or will exceed, the foregoing limitations you MUST obtain alternative licensing terms for the Software directly from Licensor, its affiliated entities, or authorized resellers. There are no Use Limitations for non-production purposes.
All copies of original and modified Software, and derivative works of the Software, are subject to this FlowCrypt License. This FlowCrypt License applies separately for each version of the Software.
You must conspicuously display this FlowCrypt License on each original or modified copy of the Software. If you receive the Software in original or modified form from a third party, the restrictions set forth in this FlowCrypt License apply to your use of such Software.
Any use of the Software in violation of this FlowCrypt License will automatically terminate your rights under this FlowCrypt License for the current and all future versions of the Software.
You may not use the marks or logos of Licensor or its affiliates for commercial purposes without prior written consent from Licensor.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL SERVICES PROVIDED BY LICENSOR OR ITS AFFILIATES UNDER OR IN CONNECTION WITH THIS FLOWCRYPT LICENSE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, AND ACCURACY OF INFORMATIONAL CONTENT.
FlowCrypt License 1.2
Licensor: FlowCrypt a. s.
Software: FlowCrypt iOS App.
Applicability: Within this repository except otherwise stated.
Use Limitation: Maximum 100 email addresses per domain (except gmail.com, outlook.com and other public email service provider domains).
_____________________________________________
You are granted limited license to the Software under this FlowCrypt License. Please read this FlowCrypt License carefully, particularly the Use Limitation set forth above.
Subject to the Use Limitation, Licensor grants you a non-exclusive, worldwide (subject to applicable laws) license to use the Software. If your use of the Software exceeds, or will exceed, the foregoing limitations you MUST obtain alternative licensing terms for the Software directly from Licensor, its affiliated entities, or authorized resellers.
Modification of the Software is permitted for individual non-commercial use. Redistribution of modified copies is not allowed.
All copies of original and modified Software, and derivative works of the Software, are subject to this FlowCrypt License. This FlowCrypt License applies separately for each version of the Software.
You must conspicuously display this FlowCrypt License on each original or modified copy of the Software. If you receive the Software in original or modified form from a third party, the restrictions set forth in this FlowCrypt License apply to your use of such Software.
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FLUX.1 [dev] Non-Commercial License
Black Forest Labs, Inc. (“we” or “our” or “Company”) is pleased to make available the weights, parameters and inference code for the FLUX.1 [dev] Model (as defined below) freely available for your non-commercial and non-production use as set forth in this FLUX.1 [dev] Non-Commercial License (“License”). The “FLUX.1 [dev] Model” means the FLUX.1 [dev] text-to-image AI model and its elements which includes algorithms, software, checkpoints, parameters, source code (inference code, evaluation code, and if applicable, fine-tuning code) and any other materials associated with the FLUX.1 [dev] AI model made available by Company under this License, including if any, the technical documentation, manuals and instructions for the use and operation thereof (collectively, “FLUX.1 [dev] Model”).
By downloading, accessing, use, Distributing (as defined below), or creating a Derivative (as defined below) of the FLUX.1 [dev] Model, you agree to the terms of this License. If you do not agree to this License, then you do not have any rights to access, use, Distribute or create a Derivative of the FLUX.1 [dev] Model and you must immediately cease using the FLUX.1 [dev] Model. If you are agreeing to be bound by the terms of this License on behalf of your employer or other entity, you represent and warrant to us that you have full legal authority to bind your employer or such entity to this License. If you do not have the requisite authority, you may not accept the License or access the FLUX.1 [dev] Model on behalf of your employer or other entity.
Definitions. Capitalized terms used in this License but not defined herein have the following meanings:
“Derivative” means any (i) modified version of the FLUX.1 [dev] Model (including but not limited to any customized or fine-tuned version thereof), (ii) work based on the FLUX.1 [dev] Model, or (iii) any other derivative work thereof. For the avoidance of doubt, Outputs are not considered Derivatives under this License.
“Distribution” or “Distribute” or “Distributing” means providing or making available, by any means, a copy of the FLUX.1 [dev] Models and/or the Derivatives as the case may be.
“Non-Commercial Purpose” means any of the following uses, but only so far as you do not receive any direct or indirect payment arising from the use of the model or its output: (i) personal use for research, experiment, and testing for the benefit of public knowledge, personal study, private entertainment, hobby projects, or otherwise not directly or indirectly connected to any commercial activities, business operations, or employment responsibilities; (ii) use by commercial or for-profit entities for testing, evaluation, or non-commercial research and development in a non-production environment, (iii) use by any charitable organization for charitable purposes, or for testing or evaluation. For clarity, use for revenue-generating activity or direct interactions with or impacts on end users, or use to train, fine tune or distill other models for commercial use is not a Non-Commercial purpose.
“Outputs” means any content generated by the operation of the FLUX.1 [dev] Models or the Derivatives from a prompt (i.e., text instructions) provided by users. For the avoidance of doubt, Outputs do not include any components of a FLUX.1 [dev] Models, such as any fine-tuned versions of the FLUX.1 [dev] Models, the weights, or parameters.
“you” or “your” means the individual or entity entering into this License with Company.
License Grant.
License. Subject to your compliance with this License, Company grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, royalty free and limited license to access, use, create Derivatives of, and Distribute the FLUX.1 [dev] Models solely for your Non-Commercial Purposes. The foregoing license is personal to you, and you may not assign or sublicense this License or any other rights or obligations under this License without Company’s prior written consent; any such assignment or sublicense will be void and will automatically and immediately terminate this License. Any restrictions set forth herein in regarding the FLUX.1 [dev] Model also applies to any Derivative you create or that are created on your behalf.
Non-Commercial Use Only. You may only access, use, Distribute, or creative Derivatives of or the FLUX.1 [dev] Model or Derivatives for Non-Commercial Purposes. If You want to use a FLUX.1 [dev] Model a Derivative for any purpose that is not expressly authorized under this License, such as for a commercial activity, you must request a license from Company, which Company may grant to you in Company’s sole discretion and which additional use may be subject to a fee, royalty or other revenue share. Please contact Company at the following e-mail address if you want to discuss such a license: info@blackforestlabs.ai.
Reserved Rights. The grant of rights expressly set forth in this License are the complete grant of rights to you in the FLUX.1 [dev] Model, and no other licenses are granted, whether by waiver, estoppel, implication, equity or otherwise. Company and its licensors reserve all rights not expressly granted by this License.
Outputs. We claim no ownership rights in and to the Outputs. You are solely responsible for the Outputs you generate and their subsequent uses in accordance with this License. You may use Output for any purpose (including for commercial purposes), except as expressly prohibited herein. You may not use the Output to train, fine-tune or distill a model that is competitive with the FLUX.1 [dev] Model.
Distribution. Subject to this License, you may Distribute copies of the FLUX.1 [dev] Model and/or Derivatives made by you, under the following conditions:
you must make available a copy of this License to third-party recipients of the FLUX.1 [dev] Models and/or Derivatives you Distribute, and specify that any rights to use the FLUX.1 [dev] Models and/or Derivatives shall be directly granted by Company to said third-party recipients pursuant to this License;
you must make prominently display the following notice alongside the Distribution of the FLUX.1 [dev] Model or Derivative (such as via a “Notice” text file distributed as part of such FLUX.1 [dev] Model or Derivative) (the “Attribution Notice”):
“The FLUX.1 [dev] Model is licensed by Black Forest Labs. Inc. under the FLUX.1 [dev] Non-Commercial License. Copyright Black Forest Labs. Inc.
IN NO EVENT SHALL BLACK FOREST LABS, INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF THIS MODEL.”
in the case of Distribution of Derivatives made by you, you must also include in the Attribution Notice a statement that you have modified the applicable FLUX.1 [dev] Model; and
in the case of Distribution of Derivatives made by you, any terms and conditions you impose on any third-party recipients relating to Derivatives made by or for you shall neither limit such third-party recipients’ use of the FLUX.1 [dev] Model or any Derivatives made by or for Company in accordance with this License nor conflict with any of its terms and conditions.
In the case of Distribution of Derivatives made by you, you must not misrepresent or imply, through any means, that the Derivatives made by or for you and/or any modified version of the FLUX.1 [dev] Model you Distribute under your name and responsibility is an official product of the Company or has been endorsed, approved or validated by the Company, unless you are authorized by Company to do so in writing.
Restrictions. You will not, and will not permit, assist or cause any third party to
use, modify, copy, reproduce, create Derivatives of, or Distribute the FLUX.1 [dev] Model (or any Derivative thereof, or any data produced by the FLUX.1 [dev] Model), in whole or in part, for (i) any commercial or production purposes, (ii) military purposes, (iii) purposes of surveillance, including any research or development relating to surveillance, (iv) biometric processing, (v) in any manner that infringes, misappropriates, or otherwise violates any third-party rights, or (vi) in any manner that violates any applicable law and violating any privacy or security laws, rules, regulations, directives, or governmental requirements (including the General Data Privacy Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act, and any and all laws governing the processing of biometric information), as well as all amendments and successor laws to any of the foregoing;
alter or remove copyright and other proprietary notices which appear on or in any portion of the FLUX.1 [dev] Model;
utilize any equipment, device, software, or other means to circumvent or remove any security or protection used by Company in connection with the FLUX.1 [dev] Model, or to circumvent or remove any usage restrictions, or to enable functionality disabled by FLUX.1 [dev] Model; or
offer or impose any terms on the FLUX.1 [dev] Model that alter, restrict, or are inconsistent with the terms of this License.
violate any applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”) in connection with your use or Distribution of any FLUX.1 [dev] Model;
directly or indirectly Distribute, export, or otherwise transfer FLUX.1 [dev] Model (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications; 3) use or download FLUX.1 [dev] Model if you or they are (a) located in a comprehensively sanctioned jurisdiction, (b) currently listed on any U.S. or non-U.S. restricted parties list, or (c) for any purpose prohibited by Export Laws; and (4) will not disguise your location through IP proxying or other methods.
DISCLAIMERS. THE FLUX.1 [dev] MODEL IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS RELATED TO THE FLUX.1 [dev] MODEL, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE FLUX.1 [dev] MODEL WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR PRODUCE ANY PARTICULAR RESULTS.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR YOUR EMPLOYEES, AFFILIATES, USERS, OFFICERS OR DIRECTORS (A) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE UNDER THIS LICENSE, OR (B) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FLUX.1 [dev] MODEL, ITS CONSTITUENT COMPONENTS, AND ANY OUTPUT (COLLECTIVELY, “MODEL MATERIALS”) ARE NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR SITUATION WHERE FAILURE OR FAULT OF THE MODEL MATERIALS COULD REASONABLY BE ANTICIPATED TO LEAD TO SERIOUS INJURY OF ANY PERSON, INCLUDING POTENTIAL DISCRIMINATION OR VIOLATION OF AN INDIVIDUAL’S PRIVACY RIGHTS, OR TO SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE (EACH, A “HIGH-RISK USE”). IF YOU ELECT TO USE ANY OF THE MODEL MATERIALS FOR A HIGH-RISK USE, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO DESIGN AND IMPLEMENT APPROPRIATE DECISION-MAKING AND RISK-MITIGATION PROCEDURES AND POLICIES IN CONNECTION WITH A HIGH-RISK USE SUCH THAT EVEN IF THERE IS A FAILURE OR FAULT IN ANY OF THE MODEL MATERIALS, THE SAFETY OF PERSONS OR PROPERTY AFFECTED BY THE ACTIVITY STAYS AT A LEVEL THAT IS REASONABLE, APPROPRIATE, AND LAWFUL FOR THE FIELD OF THE HIGH-RISK USE.
INDEMNIFICATION
You will indemnify, defend and hold harmless Company and our subsidiaries and affiliates, and each of our respective shareholders, directors, officers, employees, agents, successors, and assigns (collectively, the “Company Parties”) from and against any losses, liabilities, damages, fines, penalties, and expenses (including reasonable attorneys’ fees) incurred by any Company Party in connection with any claim, demand, allegation, lawsuit, proceeding, or investigation (collectively, “Claims”) arising out of or related to (a) your access to or use of the FLUX.1 [dev] Model (as well as any Output, results or data generated from such access or use), including any High-Risk Use (defined below); (b) your violation of this License; or (c) your violation, misappropriation or infringement of any rights of another (including intellectual property or other proprietary rights and privacy rights). You will promptly notify the Company Parties of any such Claims, and cooperate with Company Parties in defending such Claims. You will also grant the Company Parties sole control of the defense or settlement, at Company’s sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities or remedies set forth in a written agreement between you and Company or the other Company Parties.
Termination; Survival.
This License will automatically terminate upon any breach by you of the terms of this License.
We may terminate this License, in whole or in part, at any time upon notice (including electronic) to you.
If You initiate any legal action or proceedings against Company or any other entity (including a cross-claim or counterclaim in a lawsuit), alleging that the FLUX.1 [dev] Model or any Derivative, or any part thereof, infringe upon intellectual property or other rights owned or licensable by you, then any licenses granted to you under this License will immediately terminate as of the date such legal action or claim is filed or initiated.
Upon termination of this License, you must cease all use, access or Distribution of the FLUX.1 [dev] Model and any Derivatives. The following sections survive termination of this License 2(c), 2(d), 4-11.
Third Party Materials. The FLUX.1 [dev] Model may contain third-party software or other components (including free and open source software) (all of the foregoing, “Third Party Materials”), which are subject to the license terms of the respective third-party licensors. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Materials are solely between you and the third party. Company does not control or endorse, and makes no representations or warranties regarding, any Third Party Materials, and your access to and use of such Third Party Materials are at your own risk.
Trademarks. You have not been granted any trademark license as part of this License and may not use any name or mark associated with Company without the prior written permission of Company, except to the extent necessary to make the reference required in the Attribution Notice as specified above or as is reasonably necessary in describing the FLUX.1 [dev] Model and its creators.
General. This License will be governed and construed under the laws of the State of Delaware without regard to conflicts of law provisions. If any provision or part of a provision of this License is unlawful, void or unenforceable, that provision or part of the provision is deemed severed from this License, and will not affect the validity and enforceability of any remaining provisions. The failure of Company to exercise or enforce any right or provision of this License will not operate as a waiver of such right or provision. This License does not confer any third-party beneficiary rights upon any other person or entity. This License, together with the Documentation, contains the entire understanding between you and Company regarding the subject matter of this License, and supersedes all other written or oral agreements and understandings between you and Company regarding such subject matter. No change or addition to any provision of this License will be binding unless it is in writing and signed by an authorized representative of both you and Company.
This software may be used, modified, copied, distributed, and sold,
in both source and binary form provided that the above copyright
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Neither the name of the author nor the names of its contributors may be used to
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
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(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Freeware Public License (FPL)
This software is licensed as "freeware." Permission to distribute
this software in source and binary forms, including incorporation
into other products, is hereby granted without a fee. THIS SOFTWARE
IS PROVIDED 'AS IS' AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES,
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DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR DATA BEING RENDERED INACCURATE.
This software is Freeware.
Permission to use, copy, and distribute this software and its
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Permission to modify the software is granted, but not the right to
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as patches to released version.
This software is provided "as is" without express or implied warranty.
THE FRAMEWORX OPEN LICENSE 1.0
This License Agreement, The Frameworx Open License 1.0, has been entered into between The Frameworx Company and you, the licensee hereunder, effective as of Your acceptance of the Frameworx Code Base or an Downstream Distribution (each as defined below).
AGREEMENT BACKGROUND
The Frameworx Company is committed to the belief that open source software results in better quality, greater technical and product innovation in the market place and a more empowered and productive developer and end-user community. Our objective is to ensure that the Frameworx Code Base, and the source code for improvements and innovations to it, remain free and open to the community. To further these beliefs and objectives, we are distributing the Frameworx Code Base, without royalties and in source code form, to the community pursuant to this License Agreement.
AGREEMENT TERMS
The Frameworx Company and You have agreed as follows:
1. Definitions. The following terms have the following respective meanings:
(a) Frameworx Code Base means the software developed by The Frameworx Company and made available under this License Agreement
(b) Downstream Distribution means any direct or indirect release, distribution or remote availability of software (i) that directly or indirectly contains, or depends for its intended functioning on, the Frameworx Code Base or any portion or element thereof and (ii) in which rights to use and distribute such Frameworx Code Base software depend, directly or indirectly, on the License provided in Section 2 below.
(c) "Source Code" to any software means the preferred form for making modifications to that software, including any associated documentation, interface definition files and compilation or installation scripts, or any version thereof that has been compressed or archived, and can be reconstituted, using an appropriate and generally available archival or compression technology.
(d) Value-Added Services means any commercial or fee-based software-related service, including without limitation: system or application development or consulting; technical or end-user support or training; distribution maintenance, configuration or versioning; or outsourced, hosted or network-based application services.2. License Grant. Subject to the terms and conditions hereof, The Frameworx Company hereby grants You a non-exclusive license (the License), subject to third party intellectual property claims, and for no fee other than a nominal charge reflecting the costs of physical distribution, to:
(a) use the Frameworx Code Base, in either Source Code or machine-readable form;
(b) make modifications, additions and deletions to the content or structure of the Frameworx Code Base; or
(c) create larger works or derivative works including the Frameworx Code Base or any portion or element thereof; and
(d) release, distribute or make available, either generally or to any specific third-party, any of the foregoing in Source Code or binary form.
3. License Conditions. The grant of the License under Section 1 hereof, and your exercise of all rights in connection with this License Agreement, will remain subject to the following terms and conditions, as well as to the other provisions hereof:
(a) Complete Source Code for any Downstream Distribution directly or indirectly made by You that contains, or depends for its intended functionality on, the Frameworx Code Base, or any portion or element thereof, shall be made freely available to all users thereof on terms and conditions no more restrictive, and no less favorable for any user (including, without limitation, with regard to Source Code availability and royalty-free use) than those terms and conditions provided in this License Agreement.
(b) Any Value-Added Services that you offer or provide, directly or indirectly, in relation to any Downstream Distribution shall be offered and provided on commercial terms that are reasonably commensurate to the fair market value of such Value-Added Services. In addition, the terms and conditions on which any such Value Added Services are so offered or provided shall be consistent with, and shall fully support, the intent and purpose of this License Agreement.
(c) All Downstream Distributions shall:
(i) include all portions and elements of the Frameworx Code Base required to build the Source Code of such Downstream Distribution into a fully functional machine-executable system, or additional build scripts or comparable software necessary and sufficient for such purposes;
(ii) include, in each file containing any portion or element of the Frameworx Code Base, the following identifying legend: This file contains software that has been made available under The Frameworx Open License 1.0. Use and distribution hereof are subject to the restrictions set forth therein.
(iii) include all other copyright notices, authorship credits, warranty disclaimers (including that provided in Section 6 below), legends, documentation, annotations and comments contained in the Frameworx Code Base as provided to You hereunder;
(iv) contain an unaltered copy of the html file named frameworx_community_invitation.html included within the Frameworx Code Base that acknowledges new users and provides them with information on the Frameworx Code Base community;
(v) contain an unaltered copy of the text file named the_frameworx_license.txt included within the Frameworx Code Base that includes a text copy of the form of this License Agreement; and
(vi) prominently display to any viewer or user of the Source Code of such Open Downstream Distribution, in the place and manner normally used for such displays, the following legend:
Source code licensed under from The Frameworx Company is contained herein, and such source code has been obtained either under The Frameworx Open License, or another license granted by The Frameworx Company. Use and distribution hereof is subject to the restrictions provided in the relevant such license and to the copyrights of the licensor thereunder. A copy of The Frameworx Open License is provided in a file named the_frameworx_license.txt and included herein, and may also be available for inspection at http://www.frameworx.com.
4. Restrictions on Open Downstream Distributions. Each Downstream Distribution made by You, and by any party directly or indirectly obtaining rights to the Frameworx Code Base through You, shall be made subject to a license grant or agreement to the extent necessary so that each distributee under that Downstream Distribution will be subject to the same restrictions on re-distribution and use as are binding on You hereunder. You may satisfy this licensing requirement either by:
(a) requiring as a condition to any Downstream Distribution made by you, or by any direct or indirect distributee of Your Downstream Distribution (or any portion or element thereof), that each distributee under the relevant Downstream Distribution obtain a direct license (on the same terms and conditions as those in this License Agreement) from The Frameworx Company; or
(b) sub-licensing all (and not less than all) of Your rights and obligations hereunder to that distributee, including (without limitation) Your obligation to require distributees to be bound by license restrictions as contemplated by this Section 4 above.
The Frameworx Company hereby grants to you all rights to sub-license your rights hereunder as necessary to fully effect the intent and purpose of this Section 4 above, provided, however, that your rights and obligations hereunder shall be unaffected by any such sublicensing. In addition, The Frameworx Company expressly retains all rights to take all appropriate action (including legal action) against any such direct or indirect sub-licensee to ensure its full compliance with the intent and purposes of this License Agreement.
5. Intellectual Property. Except as expressly provided herein, this License Agreement preserves and respects Your and The Frameworx Companys respective intellectual property rights, including, in the case of The Frameworx Company, its copyrights and patent rights relating to the Frameworx Code Base.
6. Warranty Disclaimer. THE SOFTWARE LICENSED HEREUNDER IS PROVIDED ``AS IS.'' ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE LICENSOR OF THIS SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING (BUT NOT LIMITED TO) PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. License Violation. The License, and all of your rights thereunder, shall be deemed automatically terminated and void as of any Downstream Distribution directly or indirectly made or facilitated by You that violates the provisions of this License Agreement, provided, however, that this License Agreement shall survive any such termination in order to remedy the effects of such violation. This License Agreement shall be binding on the legal successors and assigns of the parties hereto.
Your agreement to the foregoing as of the date hereof has been evidenced by your acceptance of the relevant software distribution hereunder.
(C) THE FRAMEWORX COMPANY 2003
Software License for The Fraunhofer FDK AAC Codec Library for Android
© Copyright 1995 - 2012 Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
All rights reserved.
1. INTRODUCTION
The Fraunhofer FDK AAC Codec Library for Android ("FDK AAC Codec") is software that implements
the MPEG Advanced Audio Coding ("AAC") encoding and decoding scheme for digital audio.
This FDK AAC Codec software is intended to be used on a wide variety of Android devices.
AAC's HE-AAC and HE-AAC v2 versions are regarded as today's most efficient general perceptual
audio codecs. AAC-ELD is considered the best-performing full-bandwidth communications codec by
independent studies and is widely deployed. AAC has been standardized by ISO and IEC as part
of the MPEG specifications.
Patent licenses for necessary patent claims for the FDK AAC Codec (including those of Fraunhofer)
may be obtained through Via Licensing (www.vialicensing.com) or through the respective patent owners
individually for the purpose of encoding or decoding bit streams in products that are compliant with
the ISO/IEC MPEG audio standards. Please note that most manufacturers of Android devices already license
these patent claims through Via Licensing or directly from the patent owners, and therefore FDK AAC Codec
software may already be covered under those patent licenses when it is used for those licensed purposes only.
Commercially-licensed AAC software libraries, including floating-point versions with enhanced sound quality,
are also available from Fraunhofer. Users are encouraged to check the Fraunhofer website for additional
applications information and documentation.
2. COPYRIGHT LICENSE
Redistribution and use in source and binary forms, with or without modification, are permitted without
payment of copyright license fees provided that you satisfy the following conditions:
You must retain the complete text of this software license in redistributions of the FDK AAC Codec or
your modifications thereto in source code form.
You must retain the complete text of this software license in the documentation and/or other materials
provided with redistributions of the FDK AAC Codec or your modifications thereto in binary form.
You must make available free of charge copies of the complete source code of the FDK AAC Codec and your
modifications thereto to recipients of copies in binary form.
The name of Fraunhofer may not be used to endorse or promote products derived from this library without
prior written permission.
You may not charge copyright license fees for anyone to use, copy or distribute the FDK AAC Codec
software or your modifications thereto.
Your modified versions of the FDK AAC Codec must carry prominent notices stating that you changed the software
and the date of any change. For modified versions of the FDK AAC Codec, the term
"Fraunhofer FDK AAC Codec Library for Android" must be replaced by the term
"Third-Party Modified Version of the Fraunhofer FDK AAC Codec Library for Android."
3. NO PATENT LICENSE
NO EXPRESS OR IMPLIED LICENSES TO ANY PATENT CLAIMS, including without limitation the patents of Fraunhofer,
ARE GRANTED BY THIS SOFTWARE LICENSE. Fraunhofer provides no warranty of patent non-infringement with
respect to this software.
You may use this FDK AAC Codec software or modifications thereto only for purposes that are authorized
by appropriate patent licenses.
4. DISCLAIMER
This FDK AAC Codec software is provided by Fraunhofer on behalf of the copyright holders and contributors
"AS IS" and WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE for any direct, indirect, incidental, special, exemplary, or consequential damages,
including but not limited to procurement of substitute goods or services; loss of use, data, or profits,
or business interruption, however caused and on any theory of liability, whether in contract, strict
liability, or tort (including negligence), arising in any way out of the use of this software, even if
advised of the possibility of such damage.
5. CONTACT INFORMATION
Fraunhofer Institute for Integrated Circuits IIS
Attention: Audio and Multimedia Departments - FDK AAC LL
Am Wolfsmantel 33
91058 Erlangen, Germany
www.iis.fraunhofer.de/amm
amm-info@iis.fraunhofer.de
********************************************************************************
NOTE - One of the two copyright statements below may be chosen
that applies for the software.
********************************************************************************
This software module was originally developed by
Heiko Schwarz (Fraunhofer HHI),
Tobias Hinz (Fraunhofer HHI),
Karsten Suehring (Fraunhofer HHI)
in the course of development of the ISO/IEC 14496-10:2005 Amd.1 (Scalable Video
Coding) for reference purposes and its performance may not have been optimized.
This software module is an implementation of one or more tools as specified by
the ISO/IEC 14496-10:2005 Amd.1 (Scalable Video Coding).
Those intending to use this software module in products are advised that its
use may infringe existing patents. ISO/IEC have no liability for use of this
software module or modifications thereof.
Assurance that the originally developed software module can be used
(1) in the ISO/IEC 14496-10:2005 Amd.1 (Scalable Video Coding) once the
ISO/IEC 14496-10:2005 Amd.1 (Scalable Video Coding) has been adopted; and
(2) to develop the ISO/IEC 14496-10:2005 Amd.1 (Scalable Video Coding):
To the extent that Fraunhofer HHI owns patent rights that would be required to
make, use, or sell the originally developed software module or portions thereof
included in the ISO/IEC 14496-10:2005 Amd.1 (Scalable Video Coding) in a
conforming product, Fraunhofer HHI will assure the ISO/IEC that it is willing
to negotiate licenses under reasonable and non-discriminatory terms and
conditions with applicants throughout the world.
Fraunhofer HHI retains full right to modify and use the code for its own
purpose, assign or donate the code to a third party and to inhibit third
parties from using the code for products that do not conform to MPEG-related
ITU Recommendations and/or ISO/IEC International Standards.
This copyright notice must be included in all copies or derivative works.
Copyright (c) ISO/IEC 2005.
********************************************************************************
COPYRIGHT AND WARRANTY INFORMATION
Copyright 2005, International Telecommunications Union, Geneva
The Fraunhofer HHI hereby donate this source code to the ITU, with the following
understanding:
1. Fraunhofer HHI retain the right to do whatever they wish with the
contributed source code, without limit.
2. Fraunhofer HHI retain full patent rights (if any exist) in the technical
content of techniques and algorithms herein.
3. The ITU shall make this code available to anyone, free of license or
royalty fees.
DISCLAIMER OF WARRANTY
These software programs are available to the user without any license fee or
royalty on an "as is" basis. The ITU disclaims any and all warranties, whether
express, implied, or statutory, including any implied warranties of
merchantability or of fitness for a particular purpose. In no event shall the
contributor or the ITU be liable for any incidental, punitive, or consequential
damages of any kind whatsoever arising from the use of these programs.
This disclaimer of warranty extends to the user of these programs and user's
customers, employees, agents, transferees, successors, and assigns.
The ITU does not represent or warrant that the programs furnished hereunder are
free of infringement of any third-party patents. Commercial implementations of
ITU-T Recommendations, including shareware, may be subject to royalty fees to
patent holders. Information regarding the ITU-T patent policy is available from
the ITU Web site at http://www.itu.int.
THIS IS NOT A GRANT OF PATENT RIGHTS - SEE THE ITU-T PATENT POLICY.
********************************************************************************
Free Art License 1.3 (FAL 1.3)
Preamble
The Free Art License grants the right to freely copy, distribute, and transform creative works without infringing the author's rights.
The Free Art License recognizes and protects these rights. Their implementation has been reformulated in order to allow everyone to use creations of the human mind in a creative manner, regardless of their types and ways of expression.
While the public's access to creations of the human mind usually is restricted by the implementation of copyright law, it is favoured by the Free Art License. This license intends to allow the use of a work's resources; to establish new conditions for creating in order to increase creation opportunities. The Free Art License grants the right to use a work, and acknowledges the right holder's and the user's rights and responsibility.
The invention and development of digital technologies, Internet and Free Software have changed creation methods: creations of the human mind can obviously be distributed, exchanged, and transformed. They allow to produce common works to which everyone can contribute to the benefit of all.
The main rationale for this Free Art License is to promote and protect these creations of the human mind according to the principles of copyleft: freedom to use, copy, distribute, transform, and prohibition of exclusive appropriation.
Definitions
work either means the initial work, the subsequent works or the common work as defined hereafter:
"common work" means a work composed of the initial work and all subsequent contributions to it (originals and copies). The initial author is the one who, by choosing this license, defines the conditions under which contributions are made.
"Initial work" means the work created by the initiator of the common work (as defined above), the copies of which can be modified by whoever wants to
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"Copy" means any reproduction of an original as defined by this license.
1. OBJECT
The aim of this license is to define the conditions under which one can use this work freely.
2. SCOPE
This work is subject to copyright law. Through this license its author specifies the extent to which you can copy, distribute, and modify it.
2.1 FREEDOM TO COPY (OR TO MAKE REPRODUCTIONS)
You have the right to copy this work for yourself, your friends or any other person, whatever the technique used.
2.2 FREEDOM TO DISTRIBUTE, TO PERFORM IN PUBLIC
You have the right to distribute copies of this work; whether modified or not, whatever the medium and the place, with or without any charge, provided that you:
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specify to the recipient the names of the author(s) of the originals, including yours if you have modified the work,
specify to the recipient where to access the originals (either initial or subsequent).
The authors of the originals may, if they wish to, give you the right to distribute the originals under the same conditions as the copies.
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You have the right to modify copies of the originals (whether initial or subsequent) provided you comply with the following conditions:
all conditions in article 2.2 above, if you distribute modified copies;
indicate that the work has been modified and, if it is possible, what kind of modifications have been made;
distribute the subsequent work under the same license or any compatible license.
The author(s) of the original work may give you the right to modify it under the same conditions as the copies.
3. RELATED RIGHTS
Activities giving rise to author's rights and related rights shall not challenge the rights granted by this license.
For example, this is the reason why performances must be subject to the same license or a compatible license. Similarly, integrating the work in a database, a compilation or an anthology shall not prevent anyone from using the work under the same conditions as those defined in this license.
4. INCORPORATION OF THE WORK
Incorporating this work into a larger work that is not subject to the Free Art License shall not challenge the rights granted by this license.
If the work can no longer be accessed apart from the larger work in which it is incorporated, then incorporation shall only be allowed under the condition that the larger work is subject either to the Free Art License or a compatible license.
5. COMPATIBILITY
A license is compatible with the Free Art License provided:
it gives the right to copy, distribute, and modify copies of the work including for commercial purposes and without any other restrictions than those required by the respect of the other compatibility criteria;
it ensures proper attribution of the work to its authors and access to previous versions of the work when possible;
it recognizes the Free Art License as compatible (reciprocity);
it requires that changes made to the work be subject to the same license or to a license which also meets these compatibility criteria.
6. YOUR INTELLECTUAL RIGHTS
This license does not aim at denying your author's rights in your contribution or any related right. By choosing to contribute to the development of this common work, you only agree to grant others the same rights with regard to your contribution as those you were granted by this license. Conferring these rights does not mean you have to give up your intellectual rights.
7. YOUR RESPONSIBILITIES
The freedom to use the work as defined by the Free Art License (right to copy, distribute, modify) implies that everyone is responsible for their own actions.
8. DURATION OF THE LICENSE
This license takes effect as of your acceptance of its terms. The act of copying, distributing, or modifying the work constitutes a tacit agreement. This license will remain in effect for as long as the copyright which is attached to the work. If you do not respect the terms of this license, you automatically lose the rights that it confers.
If the legal status or legislation to which you are subject makes it impossible for you to respect the terms of this license, you may not make use of the rights which it confers.
9. VARIOUS VERSIONS OF THE LICENSE
This license may undergo periodic modifications to incorporate improvements by its authors (instigators of the "Copyleft Attitude" movement) by way of new, numbered versions.
You will always have the choice of accepting the terms contained in the version under which the copy of the work was distributed to you, or alternatively, to use the provisions of one of the subsequent versions.
10. SUB-LICENSING
Sub-licenses are not authorized by this license. Any person wishing to make use of the rights that it confers will be directly bound to the authors of the common work.
11. LEGAL FRAMEWORK
This license is written with respect to both French law and the Berne Convention for the Protection of Literary and Artistic Works.
USER GUIDE
- How to use the Free Art License?
To benefit from the Free Art License, you only need to mention the following elements on your work:
[Name of the author, title, date of the work. When applicable, names of authors of the common work and, if possible, where to find the originals].
Copyleft: This is a free work, you can copy, distribute, and modify it under the terms of the Free Art License http://artlibre.org/licence/lal/en/
- Why to use the Free Art License?
1.To give the greatest number of people access to your work.
2.To allow it to be distributed freely.
3.To allow it to evolve by allowing its copy, distribution, and transformation by others.
4.So that you benefit from the resources of a work when it is under the Free Art License: to be able to copy, distribute or transform it freely.
5.But also, because the Free Art License offers a legal framework to disallow any misappropriation. It is forbidden to take hold of your work and bypass the creative process for one's exclusive possession.
- When to use the Free Art License?
Any time you want to benefit and make others benefit from the right to copy, distribute and transform creative works without any exclusive appropriation, you should use the Free Art License. You can for example use it for scientific, artistic or educational projects.
- What kinds of works can be subject to the Free Art License?
The Free Art License can be applied to digital as well as physical works.
You can choose to apply the Free Art License on any text, picture, sound, gesture, or whatever sort of stuff on which you have sufficient author's rights.
- Historical background of this license:
It is the result of observing, using and creating digital technologies, free software, the Internet and art. It arose from the Copyleft Attitude meetings which took place in Paris in 2000. For the first time, these meetings brought together members of the Free Software community, artists, and members of the art world. The goal was to adapt the principles of Copyleft and free software to all sorts of creations. http://www.artlibre.org
Copyleft Attitude, 2007.
You can make reproductions and distribute this license verbatim (without any changes).
University of Washington's Free-Fork License
University of Washington IMAP toolkit
Version 2002 of IMAP toolkit
Copyright 1988-2002 University of Washington
This University of Washington Distribution (code and documentation) is
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Under this license, this Distribution may be modified and the original
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This software is made available "as is", and
THE UNIVERSITY OF WASHINGTON DISCLAIMS ALL WARRANTIES, EXPRESS OR
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FreeSurfer Software License Agreement
Version 1.0, February 2011
This Agreement covers contributions to and downloads from the FreeSurfer project ("FreeSurfer") maintained by The General Hospital Corporation, Boston MA, USA ("MGH"). Part A of this Agreement applies to contributions of software and/or data to FreeSurfer (including making revisions of or additions to code and/or data already in FreeSurfer). Part B of this Agreement applies to downloads of software and/or data from FreeSurfer. Part C of this Agreement applies to all transactions with FreeSurfer. If you distribute Software (as defined below) downloaded from FreeSurfer, all of the paragraphs of Part B of this Agreement must be included with and apply to such Software.
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As used in this Contribution Agreement, "you" means the individual contributing the Contribution to FreeSurfer and the institution or entity which employs or is otherwise affiliated with such individual in connection with such Contribution.
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EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
FreeImage Public License - Version 1.0
---------------------------------------------
1. Definitions.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or
combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or
restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its
structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Floris van den Berg may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Floris van den Berg
No one other than Floris van den Berg has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases "FreeImage", `FreeImage Public License", "FIPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FreeImage Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the The Netherlands: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo, The Netherlands with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.
EXHIBIT A.
"The contents of this file are subject to the FreeImage Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://home.wxs.nl/~flvdberg/freeimage-license.txt
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
FreeMarker License
FreeMarker 1.x was released under the LGPL license. Later, by community
consensus, we have switched over to a BSD-style license. As of FreeMarker
2.2pre1, the original author, Benjamin Geer, has relinquished the copyright in
behalf of Visigoth Software Society. The current copyright holder is the
Visigoth Software Society.
------------------------------------------------------------------------------
Copyright (c) 2003 The Visigoth Software Society. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. The end-user documentation included with the redistribution, if any, must
include the following acknowlegement:
"This product includes software developed by the
Visigoth Software Society (http://www.visigoths.org/)."
Alternately, this acknowlegement may appear in the software itself, if and
wherever such third-party acknowlegements normally appear.
3. Neither the name "FreeMarker", "Visigoth", nor any of the names of the
project contributors may be used to endorse or promote products derived
from this software without prior written permission. For written
permission, please contact visigoths@visigoths.org.
4. Products derived from this software may not be called "FreeMarker" or
"Visigoth" nor may "FreeMarker" or "Visigoth" appear in their names
without prior written permission of the Visigoth Software Society.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
VISIGOTH SOFTWARE SOCIETY OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
------------------------------------------------------------------------------
This software consists of voluntary contributions made by many individuals on
behalf of the Visigoth Software Society. For more information on the Visigoth
Software Society, please see http://www.visigoths.org/
------------------------------------------------------------------------------
FREEMARKER SUBCOMPONENTS UNDER DIFFERENT LICENSE:
FreeMarker includes a number of subcomponents that are licensed by the Apache
Software Foundation under the Apache License, Version 2.0. Your use of these
subcomponents is subject to the terms and conditions of the Apache License,
Version 2.0. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
The subcomponents under this licence are the following files, which are
included both in freemarker.jar and in the source code:
freemarker/ext/jsp/web-app_2_2.dtd
freemarker/ext/jsp/web-app_2_3.dtd
freemarker/ext/jsp/web-app_2_4.xsd
freemarker/ext/jsp/web-app_2_5.xsd
freemarker/ext/jsp/web-jsptaglibrary_1_1.dtd
freemarker/ext/jsp/web-jsptaglibrary_1_2.dtd
freemarker/ext/jsp/web-jsptaglibrary_2_0.xsd
freemarker/ext/jsp/web-jsptaglibrary_2_1.xsd
EXCEPTION TEXT:
Clause 1
Linking FreeRTOS statically or dynamically with other modules is making a combined work based on FreeRTOS. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
As a special exception, the copyright holder of FreeRTOS gives you permission to link FreeRTOS with independent modules that communicate with FreeRTOS solely through the FreeRTOS API interface, regardless of the license terms of these independent modules, and to copy and distribute the resulting combined work under terms of your choice, provided that
1. Every copy of the combined work is accompanied by a written statement that details to the recipient the version of FreeRTOS used and an offer by yourself to provide the FreeRTOS source code (including any modifications you may have made) should the recipient request it.
2. The combined work is not itself an RTOS, scheduler, kernel or related product.
3. The independent modules add significant and primary functionality to FreeRTOS and do not merely extend the existing functionality already present in FreeRTOS.
Clause 2
FreeRTOS may not be used for any competitive or comparative purpose, including the publication of any form of run time or compile time metric, without the express permission of Real Time Engineers Ltd. (this is the norm within the industry and is intended to ensure information accuracy).
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software. If you wish to use our Amazon
FreeRTOS name, please do so in a fair use way that does not cause confusion.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Portions Copyright 2001-2004 Sun Microsystems, Inc.
Portions Copyright 1999-2001 Language Technologies Institute,
Carnegie Mellon University.
All Rights Reserved. Use is subject to license terms.
Permission is hereby granted, free of charge, to use and distribute
this software and its documentation without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of this work, and to
permit persons to whom this work is furnished to do so, subject to
the following conditions:
1. The code must retain the above copyright notice, this list of
conditions and the following disclaimer.
2. Any modifications must be clearly marked as such.
3. Original authors' names are not deleted.
4. The authors' names are not used to endorse or promote products
derived from this software without specific prior written
permission.
SUN MICROSYSTEMS, INC., CARNEGIE MELLON UNIVERSITY AND THE
CONTRIBUTORS TO THIS WORK DISCLAIM ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS, IN NO EVENT SHALL SUN MICROSYSTEMS, INC., CARNEGIE MELLON
UNIVERSITY NOR THE CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.
Additionally, subject to the terms and conditions of the */
FreeType Project License, each contributor to the Work hereby grants
to any individual or legal entity exercising permissions granted by
the FreeType Project License and this section (hereafter, "You" or
"Your") a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as stated in this section) patent
license to make, have made, use, offer to sell, sell, import, and
otherwise transfer the Work, where such license applies only to those
patent claims licensable by such contributor that are necessarily
infringed by their contribution(s) alone or by combination of their
contribution(s) with the Work to which such contribution(s) was
submitted. If You institute patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that
the Work or a contribution incorporated within the Work constitutes
direct or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate as of
the date such litigation is filed.
The FreeType Project LICENSE
----------------------------
2006-Jan-27
Copyright 1996-2002, 2006 by
David Turner, Robert Wilhelm, and Werner Lemberg
Introduction
============
The FreeType Project is distributed in several archive packages;
some of them may contain, in addition to the FreeType font engine,
various tools and contributions which rely on, or relate to, the
FreeType Project.
This license applies to all files found in such packages, and
which do not fall under their own explicit license. The license
affects thus the FreeType font engine, the test programs,
documentation and makefiles, at the very least.
This license was inspired by the BSD, Artistic, and IJG
(Independent JPEG Group) licenses, which all encourage inclusion
and use of free software in commercial and freeware products
alike. As a consequence, its main points are that:
o We don't promise that this software works. However, we will be
interested in any kind of bug reports. (`as is' distribution)
o You can use this software for whatever you want, in parts or
full form, without having to pay us. (`royalty-free' usage)
o You may not pretend that you wrote this software. If you use
it, or only parts of it, in a program, you must acknowledge
somewhere in your documentation that you have used the
FreeType code. (`credits')
We specifically permit and encourage the inclusion of this
software, with or without modifications, in commercial products.
We disclaim all warranties covering The FreeType Project and
assume no liability related to The FreeType Project.
Finally, many people asked us for a preferred form for a
credit/disclaimer to use in compliance with this license. We thus
encourage you to use the following text:
"""
Portions of this software are copyright © <year> The FreeType
Project (www.freetype.org). All rights reserved.
"""
Please replace <year> with the value from the FreeType version you
actually use.
Legal Terms
===========
0. Definitions
--------------
Throughout this license, the terms `package', `FreeType Project',
and `FreeType archive' refer to the set of files originally
distributed by the authors (David Turner, Robert Wilhelm, and
Werner Lemberg) as the `FreeType Project', be they named as alpha,
beta or final release.
`You' refers to the licensee, or person using the project, where
`using' is a generic term including compiling the project's source
code as well as linking it to form a `program' or `executable'.
This program is referred to as `a program using the FreeType
engine'.
This license applies to all files distributed in the original
FreeType Project, including all source code, binaries and
documentation, unless otherwise stated in the file in its
original, unmodified form as distributed in the original archive.
If you are unsure whether or not a particular file is covered by
this license, you must contact us to verify this.
The FreeType Project is copyright (C) 1996-2000 by David Turner,
Robert Wilhelm, and Werner Lemberg. All rights reserved except as
specified below.
1. No Warranty
--------------
THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO
USE, OF THE FREETYPE PROJECT.
2. Redistribution
-----------------
This license grants a worldwide, royalty-free, perpetual and
irrevocable right and license to use, execute, perform, compile,
display, copy, create derivative works of, distribute and
sublicense the FreeType Project (in both source and object code
forms) and derivative works thereof for any purpose; and to
authorize others to exercise some or all of the rights granted
herein, subject to the following conditions:
o Redistribution of source code must retain this license file
(`FTL.TXT') unaltered; any additions, deletions or changes to
the original files must be clearly indicated in accompanying
documentation. The copyright notices of the unaltered,
original files must be preserved in all copies of source
files.
o Redistribution in binary form must provide a disclaimer that
states that the software is based in part of the work of the
FreeType Team, in the distribution documentation. We also
encourage you to put an URL to the FreeType web page in your
documentation, though this isn't mandatory.
These conditions apply to any software derived from or based on
the FreeType Project, not just the unmodified files. If you use
our work, you must acknowledge us. However, no fee need be paid
to us.
3. Advertising
--------------
Neither the FreeType authors and contributors nor you shall use
the name of the other for commercial, advertising, or promotional
purposes without specific prior written permission.
We suggest, but do not require, that you use one or more of the
following phrases to refer to this software in your documentation
or advertising materials: `FreeType Project', `FreeType Engine',
`FreeType library', or `FreeType Distribution'.
As you have not signed this license, you are not required to
accept it. However, as the FreeType Project is copyrighted
material, only this license, or another one contracted with the
authors, grants you the right to use, distribute, and modify it.
Therefore, by using, distributing, or modifying the FreeType
Project, you indicate that you understand and accept all the terms
of this license.
4. Contacts
-----------
There are two mailing lists related to FreeType:
o freetype@nongnu.org
Discusses general use and applications of FreeType, as well as
future and wanted additions to the library and distribution.
If you are looking for support, start in this list if you
haven't found anything to help you in the documentation.
o freetype-devel@nongnu.org
Discusses bugs, as well as engine internals, design issues,
specific licenses, porting, etc.
Our home page can be found at
http://www.freetype.org
--- end of FTL.TXT ---
------------------------------------------------------------
FROALA OPEN WEB DESIGN LICENSE Version 1.0 - 16 October 2017
------------------------------------------------------------
1. PREAMBLE
The goals of the Open Web Design License are to stimulate worldwide development
of collaborative web design projects and to provide a free and open framework
in which web design may be shared and improved in partnership with others.
The Open Web Design License allows the licensed Work to be used, studied,
modified and redistributed freely as long as it is not sold by itself. The
Work, including any derivative works, can be bundled, embedded, redistributed
and/or sold with any software provided that any reserved names are not used by
derivative works. The Work and derivatives, however, cannot be released under
any other type of license.
2. DEFINITIONS
"Work" refers to the set of files released by the Copyright Holder(s) under
this license and clearly marked as such. This may include, but is not limited
to source files, build scripts and documentation.
"Reserved Name" refers to any names specified as such after the copyright
statement(s).
"Original Version" refers to the collection of Work components as distributed
by the Copyright Holder(s).
"Modified Version" or "Derivative Work" refers to any derivative made by adding
to, deleting, or substituting - in part or in whole - any of the components of
the Original Version, by changing content, layout, style or by porting the Work
to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or
other person who contributed to the Work.
3. PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of
the Work, to use, study, copy, merge, embed, modify, redistribute, and sell
modified and unmodified copies of the Work, subject to the following conditions:
a) Neither the Work nor any of its individual components, in Original or
Modified Versions, may be (i) sold by itself; (ii) used for website or app
generators; (iii) used to create templates, themes, and plugins for sale.
b) Original or Modified Versions of the Work may be bundled, redistributed
and/or sold with any software, provided that each copy contains the above
copyright notice and this license. These can be included either as
stand-alone text files, human-readable headers or in the appropriate
machine-readable metadata field within text or binary files as long as those
files can be easily viewed by the user.
c) No Modified Version of the Work may use the Reserved Name(s) unless
explicit written permission is granted by the corresponding Copyright Holder.
This restriction only applies to the primary product name as presented to the
users.
d) The name(s) of the Copyright holder(s) or the Author(s) of the Work shall
not be used to promote, endorse or advertise any Modified Version.
e) The Work, modified or unmodified, in part or in whole, must be distributed
entirely under this license, and must not be distributed under any other
license.
Conditions can be changed only with explicit written permission of the
Copyright Holder(s).
4. TERMINATION
This license becomes null and void if any of the above conditions are not met.
5. DISCLAIMER
THE WORK IS PROVIDED ''AS IS'', AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OR THE INABILITY TO USE THE WORK, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
THE FRONTIER ARTISTIC LICENSE Version 1.0
Copyright © (c) 1999 by Samuel Reynolds.
Derived from the "Artistic License" at "OpenSource.org".
Submitted to OpenSource.org for Open Source Initiative certification.
PREAMBLE
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to
make reasonable modifications.
DEFINITIONS
o "Package" refers to the script, suite, file, or collection of scripts,
suites, and/or files distributed by the Copyright Holder, and to
derivatives of that Package created through textual modification.
o "Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes of the
Copyright Holder.
o "Copyright Holder" is whoever is named in the copyright statement or
statements for the package.
o "You" is you, if you're thinking about copying or distributing this
Package.
o "Reasonable copying fee" is whatever you can justify on the basis of
media cost, duplication charges, time of people involved, and so on.
(You will not be required to justify it to the Copyright Holder, but
only to the computing community at large as a market that must bear the
fee.)
o "Freely Available" means that no fee is charged for the item itself,
though there may be fees involved in handling the item. It also means
that recipients of the item may redistribute it under the same
conditions they received it.
TERMS
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes, and other modifications
derived from the Public Domain or from the Copyright Holder. A Package
modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed script, suite, or file
stating how and when you changed that script, suite, or file, and provided
that you do at least ONE of the following:
a) Use the modified Package only within your corporation or
organization, or retain the modified Package solely for personal use.
b) Place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or an
equivalent medium, or placing the modifications on a major archive site
such as ftp.uu.net, or by allowing the Copyright Holder to include your
modifications in the Standard Version of the Package.
c) Rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide a
separate manual page (or equivalent) for each non-standard executable
that clearly documents how it differs from the Standard Version.
d) Make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) Distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) Accompany the distribution with the machine-readable source of the
Package with your modifications.
c) Accompany any non-standard executables with their corresponding
Standard Version executables, give the non-standard executables
non-standard names, and clearly document the differences in manual
pages (or equivalent), together with instructions on where to get the
Standard Version.
d) Make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this
Package. You may charge any fee you choose for support of this Package.
You may not charge a fee for this Package itself. However, you may
distribute this Package in aggregate with other (possibly commercial)
programs as part of a larger (possibly commercial) software distribution
provided that you do not advertise this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall under
the copyright of this Package, but belong to whomever generated them, and
may be sold commercially, and may be aggregated with this Package.
7. Scripts, suites, or programs supplied by you that depend on or
otherwise make use of this Package shall not be considered part of this
Package.
8. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written
permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Copying and distribution of this file, with or without modification, are
permitted in any medium without royalty provided the copyright notice
and this notice are preserved. This file is offered as-is, without any
warranty.
This configure script is free software; the Free Software Foundation gives
unlimited permission to copy, distribute and modify it.
This is free software: you are free to change and redistribute it
There is NO WARRANTY, to the extent permitted by law.
NO WARRANTY
BECAUSE THIS PROGRAM IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY
NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING, FREE SOFTWARE FOUNDATION, INC,
RICHARD M. STALLMAN AND/OR OTHER PARTIES PROVIDE THIS PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL RICHARD M.
STALLMAN, THE FREE SOFTWARE FOUNDATION, INC., AND/OR ANY OTHER PARTY
WHO MAY MODIFY AND REDISTRIBUTE THIS PROGRAM AS PERMITTED BELOW, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES, OR
OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR
A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS) THIS
PROGRAM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
GENERAL PUBLIC LICENSE TO COPY
1. You may copy and distribute verbatim copies of this source file
as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy a valid copyright notice "Copyright
(C) 1985 Free Software Foundation, Inc."; and include following the
copyright notice a verbatim copy of the above disclaimer of warranty
and of this License. You may charge a distribution fee for the
physical act of transferring a copy.
2. You may modify your copy or copies of this source file or
any portion of it, and copy and distribute such modifications under
the terms of Paragraph 1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating
that you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish,
that in whole or in part contains or is a derivative of this
program or any part thereof, to be licensed at no charge to all
third parties on terms identical to those contained in this
License Agreement (except that you may choose to grant more extensive
warranty protection to some or all third parties, at your option).
c) You may charge a distribution fee for the physical act of
transferring a copy, and you may at your option offer warranty
protection in exchange for a fee.
Mere aggregation of another unrelated program with this program (or its
derivative) on a volume of a storage or distribution medium does not bring
the other program under the scope of these terms.
3. You may copy and distribute this program (or a portion or derivative
of it, under Paragraph 2) in object code or executable form under the terms
of Paragraphs 1 and 2 above provided that you also do one of the following:
a) accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of
Paragraphs 1 and 2 above; or,
b) accompany it with a written offer, valid for at least three
years, to give any third party free (except for a nominal
shipping charge) a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of
Paragraphs 1 and 2 above; or,
c) accompany it with the information you received as to where the
corresponding source code may be obtained. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form alone.)
For an executable file, complete source code means all the source code for
all modules it contains; but, as a special exception, it need not include
source code for modules which are standard libraries that accompany the
operating system on which the executable file runs.
4. You may not copy, sublicense, distribute or transfer this program
except as expressly provided under this License Agreement. Any attempt
otherwise to copy, sublicense, distribute or transfer this program is void and
your rights to use the program under this License agreement shall be
automatically terminated. However, parties who have received computer
software programs from you with this License Agreement will not have
their licenses terminated so long as such parties remain in full compliance.
5. If you wish to incorporate parts of this program into other free
programs whose distribution conditions are different, write to the Free
Software Foundation at 675 Mass Ave, Cambridge, MA 02139. We have not yet
worked out a simple rule that can be stated here, but we will often permit
this. We will be guided by the two goals of preserving the free status of
all derivatives of our free software and of promoting the sharing and reuse of
software.
In other words, you are welcome to use, share and improve this program.
You are forbidden to forbid anyone else to use, share and improve
what you give them. Help stamp out software-hoarding!
This file is free software; the Free Software Foundation gives
unlimited permission to copy and/or distribute it, with or without
modifications, as long as this notice is preserved.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY, to the extent permitted by law; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE.
This file is free software; the Free Software Foundation gives
unlimited permission to copy and/or distribute it, with or without
modifications, as long as this notice is preserved.
Copying and distribution of this file, with or without modification,
are permitted in any medium without royalty provided the copyright
notice and this notice are preserved.
This file is free software; the Free Software Foundation
gives unlimited permission to copy and/or distribute it,
with or without modifications, as long as this notice is preserved.
This file is offered as-is, without any warranty.
# Functional Source License, Version 1.0, Apache 2.0 Change License
## Abbreviation
FSL-1.0-Apache-2.0
## Notice
Copyright ${year} ${licensor name}
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Patents,
Redistribution and Trademark clauses below, we hereby grant you the right to
use, copy, modify, create derivative works, publicly perform, publicly display
and redistribute the Software for any Permitted Purpose identified below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means use of the Software in or for a commercial product or service that
competes with the Software or any other product or service we offer using the
Software as of the date we make the Software available.
Competing Uses specifically include using the Software:
1. as a substitute for any of our products or services;
2. in a way that exposes the APIs of the Software; and
3. in a product or service that offers the same or substantially similar
functionality to the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with software development services or managed services that
you provide to a licensee using the Software in accordance with these Terms
and Conditions.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright notices provided in or with the Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Change License
On the second anniversary of the date we make the Software available, the
Software will become available under the Apache 2.0 license. On that date, the
Terms and Conditions above automatically terminate and the following terms
become effective:
Licensed under the Apache License, Version 2.0 (the "License"); you may not use
this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed
under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the
specific language governing permissions and limitations under the License.
# Functional Source License, Version 1.0, MIT Change License
## Abbreviation
FSL-1.0-MIT
## Notice
Copyright ${year} ${licensor name}
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Patents,
Redistribution and Trademark clauses below, we hereby grant you the right to
use, copy, modify, create derivative works, publicly perform, publicly display
and redistribute the Software for any Permitted Purpose identified below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means use of the Software in or for a commercial product or service that
competes with the Software or any other product or service we offer using the
Software as of the date we make the Software available.
Competing Uses specifically include using the Software:
1. as a substitute for any of our products or services;
2. in a way that exposes the APIs of the Software; and
3. in a product or service that offers the same or substantially similar
functionality to the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with software development services or managed services that
you provide to a licensee using the Software in accordance with these Terms
and Conditions.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright notices provided in or with the Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Change License
On the second anniversary of the date we make the Software available, the
Software will become available under the MIT license. On that date, the Terms
and Conditions above automatically terminate and the following terms become
effective:
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
# Functional Source License, Version 1.1, ALv2 Future License
## Abbreviation
FSL-1.1-ALv2
## Notice
Copyright ${year} ${licensor name}
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Patents,
Redistribution and Trademark clauses below, we hereby grant you the right to
use, copy, modify, create derivative works, publicly perform, publicly display
and redistribute the Software for any Permitted Purpose identified below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means making the Software available to others in a commercial product or
service that:
1. substitutes for the Software;
2. substitutes for any other product or service we offer using the Software
that exists as of the date we make the Software available; or
3. offers the same or substantially similar functionality as the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with professional services that you provide to a licensee
using the Software in accordance with these Terms and Conditions.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright notices provided in or with the Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Grant of Future License
We hereby irrevocably grant you an additional license to use the Software under
the Apache License, Version 2.0 that is effective on the second anniversary of
the date we make the Software available. On or after that date, you may use the
Software under the Apache License, Version 2.0, in which case the following
will apply:
Licensed under the Apache License, Version 2.0 (the "License"); you may not use
this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed
under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the
specific language governing permissions and limitations under the License.
# Functional Source License, Version 1.1, MIT Future License
## Abbreviation
FSL-1.1-MIT
## Notice
Copyright ${year} ${licensor name}
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Patents,
Redistribution and Trademark clauses below, we hereby grant you the right to
use, copy, modify, create derivative works, publicly perform, publicly display
and redistribute the Software for any Permitted Purpose identified below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means making the Software available to others in a commercial product or
service that:
1. substitutes for the Software;
2. substitutes for any other product or service we offer using the Software
that exists as of the date we make the Software available; or
3. offers the same or substantially similar functionality as the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with professional services that you provide to a licensee
using the Software in accordance with these Terms and Conditions.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright notices provided in or with the Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Grant of Future License
We hereby irrevocably grant you an additional license to use the Software under
the MIT license that is effective on the second anniversary of the date we make
the Software available. On or after that date, you may use the Software under
the MIT license, in which case the following will apply:
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
THIS SOFTWARE IS PROVIDED BY FUTURE TECHNOLOGY DEVICES INTERNATIONAL
LIMITED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL FUTURE
TECHNOLOGY DEVICES INTERNATIONAL LIMITED BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES LOSS OF USE, DATA, OR PROFITS OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
FTDI DRIVERS MAY BE USED ONLY IN CONJUNCTION WITH PRODUCTS BASED ON
FTDI PARTS.
FTDI DRIVERS MAY BE DISTRIBUTED IN ANY FORM AS LONG AS LICENSE
INFORMATION IS NOT MODIFIED.
IF A CUSTOM VENDOR ID AND/OR PRODUCT ID OR DESCRIPTION STRING ARE
USED, IT IS THE RESPONSIBILITY OF THE PRODUCT MANUFACTURER TO MAINTAIN
ANY CHANGES AND SUBSEQUENT WHQL RE-CERTIFICATION AS A RESULT OF MAKING
THESE CHANGES.
FtpBean Version 1.4.2
Copyright 1999 Calvin Tai
E-mail: citidancer@hongkong.com
URL: http://www.geocities.com/SiliconValley/Code/9129/javabean/ftpbean
COPYRIGHT NOTICE
Copyright 1999 Calvin Tai All Rights Reserved.
FtpBean may be modified and used in any application free of charge by
anyone so long as this copyright notice and the comments above remain
intact. By using this code you agree to indemnify Calvin Tai from any
liability that might arise from it's use.
Selling the code for this java bean alone is expressly forbidden.
In other words, please ask first before you try and make money off of
this java bean as a standalone application.
Obtain permission before redistributing this software over the Internet or
in any other medium. In all cases copyright and header must remain intact.
Health-Related Additional Disclaimer of Warranty and Limitation of Liability
============================================================================
In the United States, or any other jurisdictions where they may apply, the following
additional disclaimer of warranty and limitation of liability are hereby incorporated
into the terms and conditions of Apache License 2.0:
a. No warranties of any kind whatsoever are made as to the results that You will
obtain from relying upon the covered code (or any information or content obtained
by way of the covered code), including but not limited to compliance with privacy
laws or regulations or clinical care industry standards and protocols. Use of the
covered code is not a substitute for a health care provider's standard practice or
professional judgment. Any decision with regard to the appropriateness of treatment,
or the validity or reliability of information or content made available by the
covered code, is the sole responsibility of the health care provider. Consequently,
it is incumbent upon each health care provider to verify all medical history and
treatment plans with each patient.
b. Under no circumstances and under no legal theory, whether tort (including negligence),
contract, or otherwise, shall any Contributor, or anyone who distributes Covered
Software as permitted by the license, be liable to You for any indirect, special,
incidental, consequential damages of any character including, without limitation,
damages for loss of goodwill, work stoppage, computer failure or malfunction, or
any and all other damages or losses, of any nature whatsoever (direct or otherwise)
on account of or associated with the use or inability to use the covered content
(including, without limitation, the use of information or content made available
by the covered code, all documentation associated therewith, and the failure of
the covered code to comply with privacy laws and regulations or clinical care
industry standards and protocols), even if such party shall have been informed of
the possibility of such damages.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that this notice is preserved.
The names of the copyright holders may not be used to endorse or
promote products derived from this software without their specific
prior written permission. This software is provided ``as is''
without express or implied warranty.
# FUTO Source First License 1.0
## Acceptance
By using the software, you agree to all of the terms and conditions below.
## Copyright License
FUTO Holdings, Inc. (the “Licensor”) grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations below.
## Limitations
You may use or modify the software only for non-commercial purposes such as personal use for research, experiment, and testing for the benefit of public knowledge, personal study, private entertainment, hobby projects, amateur pursuits, or religious observance, all without any anticipated commercial application.
You may distribute the software or provide it to others only if you do so free of charge for non-commercial purposes.
Notwithstanding the above, you may not remove or obscure any functionality in the software related to payment to the Licensor in any copy you distribute to others.
You may not alter, remove, or obscure any licensing, copyright, or other notices of the Licensor in the software. Any use of the Licensor’s trademarks is subject to applicable law.
## Patents
If you make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
## Notices
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms. If you modify the software, you must include in any modified copies of the software a prominent notice stating that you have modified the software, such as but not limited to, a statement in a readme file or an in-application about section.
## Fair Use
You may have "fair use" rights for the software under the law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of your licenses to anyone else, or prevent the Licensor from granting licenses to anyone else. These terms do not imply any other licenses.
## Termination
If you use the software in violation of these terms, such use is not licensed, and your license will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your license will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your license to terminate automatically and permanently.
## No Liability
As far as the law allows, the software comes as is, without any warranty or condition, and the Licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.
## Definitions
- The “Licensor” is the entity offering these terms, FUTO Holdings, Inc.
- The “software” is the software the licensor makes available under these terms, including any portion of it.
- “You” refers to the individual or entity agreeing to these terms.
- “Your company” is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. Control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
- “Your license” is the license granted to you for the software under these terms.
- “Use” means anything you do with the software requiring your license.
- “Trademark” means trademarks, service marks, and similar rights.
This software package may be freely used, transmitted, reproduced, or modified provided that
this notice is left intact.
This file is free software; as a special exception the author gives
unlimited permission to copy and/or distribute it, with or without
modifications, as long as this notice is preserved.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY, to the extent permitted by law; without even the
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Gaussian-Splatting License
===========================
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## 1. Definitions
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## 5. Disclaimer
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## 6. Files subject to permissive licenses
The contents of the file ```utils/loss_utils.py``` are based on publicly available code authored by Evan Su, which falls under the permissive MIT license.
Title: pytorch-ssim\
Project code: https://github.com/Po-Hsun-Su/pytorch-ssim\
Copyright Evan Su, 2017\
License: https://github.com/Po-Hsun-Su/pytorch-ssim/blob/master/LICENSE.txt (MIT)
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Any Services that are offered free of charge like direct interactions with Google AI Studio or unpaid quota in Gemini API are unpaid Services (the "Unpaid Services").
How Google Uses Your Data
When you use Unpaid Services, including, for example, Google AI Studio and the unpaid quota on Gemini API, Google uses the content you submit to the Services and any generated responses to provide, improve, and develop Google products and services and machine learning technologies, including Google's enterprise features, products, and services, consistent with our Privacy Policy.
To help with quality and improve our products, human reviewers may read, annotate, and process your API input and output. Google takes steps to protect your privacy as part of this process. This includes disconnecting this data from your Google Account, API key, and Cloud project before reviewers see or annotate it. Do not submit sensitive, confidential, or personal information to the Unpaid Services.
The license you grant to Google under the "Submission of Content" section in the API Terms also extends, to the extent required under applicable law for our use, to any content (e.g., prompts, including associated system instructions, cached content, and files such as images, videos, or documents) you submit to the Services and to any generated responses.
Google only uses content that you import or upload to our model tuning feature for that express purpose. Tuning content may be retained in connection with your tuned models for purposes of re-tuning when supported models change. When you delete a tuned model, the related tuning content is also deleted.
If you're in the European Economic Area, Switzerland, or the United Kingdom, the terms under "How Google uses Your Data" in "Paid Services" apply to all Services, including Google AI Studio and unpaid quota in the Gemini API, even though they are offered free of charge.
Paid Services
When a Service is being offered for a fee, it is considered to be a paid Service (the "Paid Services"). When you activate a Cloud Billing account, all use of Gemini API and Google AI Studio is a "Paid Service" with respect to how Google Uses Your Data, even when using Services that are offered free of charge, such as Google AI Studio and unpaid quota of Gemini API.
For Paid Services, "Google" as used in these Terms has the meaning given here.
How Google Uses Your Data
When you use Paid Services, including, for example, the paid quota of the Gemini API, Google doesn't use your prompts (including associated system instructions, cached content, and files such as images, videos, or documents) or responses to improve our products, and will process your prompts and responses in accordance with the Data Processing Addendum for Products Where Google is a Data Processor. For Paid Services, Google logs prompts and responses for a limited period of time, solely for the purpose of detecting violations of the Prohibited Use Policy and any required legal or regulatory disclosures. This data may be stored transiently or cached in any country in which Google or its agents maintain facilities.
Other data we collect while providing the Paid Services to you, such as account information and settings, billing history, direct communications and feedback, and usage details (e.g., information about usage including token count per prompt and response, operational status, safety filter triggers, software errors and crash reports, authentication details, quality and performance metrics, and other technical details necessary for Google to operate and maintain Services, which may include device identifiers, identifiers from cookies or tokens, and IP addresses) remains subject to the Google Controller-Controller Data Protection Terms and Google Privacy Policy referenced in the API Terms.
When using Grounding with Google Search, additional data is collected and used, as detailed in the "Grounding with Google Search" section below.
Payment Terms
Billing and payments for Paid Services are handled by Cloud Billing in the Google Cloud Platform.
As such, Section 2 (Payment Terms) and Section 14 (Miscellaneous) of the Google Cloud Platform Terms of Service govern payments, invoicing, billing, payment disputes, and related issues, while these Terms govern your use of the Paid Services. These Terms do not govern your direct use of any Google Cloud Platform service (including those listed on the Google Cloud Platform Services Summary).
"Fees" (as used in the Google Cloud Platform Terms of Service) for Paid Services are as specified on our pricing page. Google may make changes to this pricing from time to time, effective 30 days after they are posted unless otherwise specified (or in the case of new Paid Services, where pricing takes effect immediately unless otherwise specified). Your continued use of the Paid Services constitutes your consent to those changes.
Grounding with Google Search
"Grounding with Google Search" is a Service that provides Grounded Results and Search Suggestions and can be used through Google AI Studio (as an Unpaid Service), and via Gemini API as a (Paid Service). "Grounded Results" mean responses that Google generates using the prompt from the end user, (or from you, when using function calling), contextual information that you may provide (as applicable), and results from Google's search engine. "Search Suggestions" (also known as Search Entry Points) mean search suggestions that Google provides with the Grounded Results. If a Grounded Result is clicked on, separate terms (not these terms) govern the destination page. If a Search Suggestion is clicked on the Google Terms of Service govern the google.com destination page. "Links" are any other means to fetch web pages (including hyperlinks and URLs), which may be contained in a Grounded Result or Search Suggestion. Links also include titles or labels provided with those means to fetch web pages. Excluding your web domain(s), you will not assert ownership rights in any intellectual property in Search Suggestions or Links in Grounded Results.
Use Restrictions
You will only use Grounding with Google Search in an application that is owned and operated by you and will only display the Grounded Results with the associated Search Suggestion(s) to the end user who submitted the prompt.
You will not, and will not allow your end user or any third party to, cache, copy, frame, syndicate, resell, analyze, train on, or otherwise learn from Grounded Results or Search Suggestions. For clarity, Grounded Results, Search Suggestions, and Links are intended to be used in combination to respond to a given End User prompt and it is a violation of these terms to use Grounding with Google Search to extract or collect one or more of these components for another purpose (for example, using programmatic or automated means to collect Links, using Links to build an index, or using Links to identify destination pages for crawling or scraping).
You will not, and will not allow your end user or any third party to, store, or implement any click tracking, Link-tracking or other monitoring of Grounded Results or Search Suggestions, except that:
You may store the text of the Grounded Result(s) (excluding Links): (1) that were displayed by you for up to thirty (30) days only to evaluate and optimize the display of the Grounded Results in your application; (2) in chat history of an end user of your application for up to six (6) months only for the purpose of allowing that end user to view their chat history; and (3) temporarily for the purpose of resubmitting the text of the Grounded Result in a subsequent prompt that you submit to Google via a function call to obtain a refined or improved Grounded Result to display to the End User, as long as the developer: (i) does not use the interim Grounded Results for any other purpose; (ii) deletes any Grounded Result that is not displayed to the End User once the final Grounded Result is generated; and (iii) displays any associated Search Suggestions or other Links (as applicable) with the final Grounded Result (up to a maximum of 5 Search Suggestions) to the End User.
You may monitor end user interactions with your application interface; however, you will not track whether those interactions were specifically with a given Search Suggestion or Grounded Result (in each case, in whole or in part, including any specific Link).
Unless permitted by Google in writing, you: (1) will not modify, or intersperse any other content with, the Grounded Results or Search Suggestions; and (2) will not place any interstitial content between any Link or Search Suggestions and the associated destination page, redirect end users away from the destination pages, or minimize, remove, or otherwise inhibit the full and complete display of any destination page.
Data Collection and How Google Uses Your Data
In addition to the general terms above ("How Google Uses Your Data" under "Unpaid Services" and "Paid Services"), when using Grounding with Google Search, Google will store prompts, contextual information that you may provide, and output for thirty (30) days for the purposes of creating Grounded Results and Search Suggestions and the stored information can be used for debugging and testing of systems that support Grounding with Google Search. When using Grounding with Google Search via paid quota of Gemini API, this processing for debugging and testing of systems is in accordance with the Data Processing Addendum for Products Where Google is a Data Processor.
This subsection "Grounding with Google Search" will survive termination of the Agreement, as applicable.
The Client Application Guidelines apply to your use of Grounding with Google Search. For purposes of the Client Application Guidelines, your applications that are using Grounding with Google Search are considered Approved Applications.
Disclaimers
The Services include experimental technology and may sometimes provide inaccurate or offensive content that doesn't represent Google's views.
Use discretion before relying on, publishing, or otherwise using content provided by the Services.
Don't rely on the Services for medical, legal, financial, or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional. Content does not constitute medical treatment or diagnosis.
Gemma Prohibited Use Policy
Google reserves the right to update this Gemma Prohibited Use Policy from time to time.
Last modified: February 21, 2024
You may not use nor allow others to use Gemma or Model Derivatives to:
Generate any content, including the outputs or results generated by Gemma or Model Derivatives, that infringes, misappropriates, or otherwise violates any individual's or entity's rights (including, but not limited to rights in copyrighted content).
Perform or facilitate dangerous, illegal, or malicious activities, including:
Facilitation or promotion of illegal activities or violations of law, such as:
Promoting or generating content related to child sexual abuse or exploitation;
Promoting or facilitating sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services;
Facilitating or encouraging users to commit any type of crimes; or
Promoting or generating violent extremism or terrorist content.
Engagement in the illegal or unlicensed practice of any vocation or profession including, but not limited to, legal, medical, accounting, or financial professional practices.
Abuse, harm, interference, or disruption of services (or enable others to do the same), such as:
Promoting or facilitating the generation or distribution of spam; or
Generating content for deceptive or fraudulent activities, scams, phishing, or malware.
Attempts to override or circumvent safety filters or intentionally drive Gemma or Model Derivatives to act in a manner that contravenes this Gemma Prohibited Use Policy.
Generation of content that may harm or promote the harm of individuals or a group, such as:
Generating content that promotes or encourages hatred;
Facilitating methods of harassment or bullying to intimidate, abuse, or insult others;
Generating content that facilitates, promotes, or incites violence;
Generating content that facilitates, promotes, or encourages self harm;
Generating personally identifying information for distribution or other harms;
Tracking or monitoring people without their consent;
Generating content that may have unfair or adverse impacts on people, particularly impacts related to sensitive or protected characteristics; or
Generating, gathering, processing, or inferring sensitive personal or private information about individuals without obtaining all rights, authorizations, and consents required by applicable laws.
Generate and distribute content intended to misinform, misrepresent or mislead, including:
Misrepresentation of the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive;
Generation of content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive;
Misleading claims of expertise or capability made particularly in sensitive areas (e.g. health, finance, government services, or legal);
Making automated decisions in domains that affect material or individual rights or well-being (e.g., finance, legal, employment, healthcare, housing, insurance, and social welfare);
Generation of defamatory content, including defamatory statements, images, or audio content; or
Engaging in the unauthorized or unlicensed practice of any profession including, but not limited to, financial, legal, medical/health, or related professional practices.
Generate sexually explicit content, including content created for the purposes of pornography or sexual gratification (e.g. sexual chatbots). Note that this does not include content created for scientific, educational, documentary, or artistic purposes.
Gemma Terms of Use
Last modified: April 1, 2024
By using, reproducing, modifying, distributing, performing or displaying any portion or element of Gemma, Model Derivatives including via any Hosted Service, (each as defined below) (collectively, the "Gemma Services") or otherwise accepting the terms of this Agreement, you agree to be bound by this Agreement.
Section 1: DEFINITIONS
1.1 Definitions
(a) "Agreement" or "Gemma Terms of Use" means these terms and conditions that govern the use, reproduction, Distribution or modification of the Gemma Services and any terms and conditions incorporated by reference.
(b) "Distribution" or "Distribute" means any transmission, publication, or other sharing of Gemma or Model Derivatives to a third party, including by providing or making Gemma or its functionality available as a hosted service via API, web access, or any other electronic or remote means ("Hosted Service").
(c) "Gemma" means the set of machine learning language models, trained model weights and parameters identified at ai.google.dev/gemma, regardless of the source that you obtained it from.
(d) "Google" means Google LLC.
(e) "Model Derivatives" means all (i) modifications to Gemma, (ii) works based on Gemma, or (iii) any other machine learning model which is created by transfer of patterns of the weights, parameters, operations, or Output of Gemma, to that model in order to cause that model to perform similarly to Gemma, including distillation methods that use intermediate data representations or methods based on the generation of synthetic data Outputs by Gemma for training that model. For clarity, Outputs are not deemed Model Derivatives.
(f) "Output" means the information content output of Gemma or a Model Derivative that results from operating or otherwise using Gemma or the Model Derivative, including via a Hosted Service.
1.2
As used in this Agreement, "including" means "including without limitation".
Section 2: ELIGIBILITY AND USAGE
2.1 Eligibility
You represent and warrant that you have the legal capacity to enter into this Agreement (including being of sufficient age of consent). If you are accessing or using any of the Gemma Services for or on behalf of a legal entity, (a) you are entering into this Agreement on behalf of yourself and that legal entity, (b) you represent and warrant that you have the authority to act on behalf of and bind that entity to this Agreement and (c) references to "you" or "your" in the remainder of this Agreement refers to both you (as an individual) and that entity.
2.2 Use
You may use, reproduce, modify, Distribute, perform or display any of the Gemma Services only in accordance with the terms of this Agreement, and must not violate (or encourage or permit anyone else to violate) any term of this Agreement.
Section 3: DISTRIBUTION AND RESTRICTIONS
3.1 Distribution and Redistribution
You may reproduce or Distribute copies of Gemma or Model Derivatives if you meet all of the following conditions:
You must include the use restrictions referenced in Section 3.2 as an enforceable provision in any agreement (e.g., license agreement, terms of use, etc.) governing the use and/or distribution of Gemma or Model Derivatives and you must provide notice to subsequent users you Distribute to that Gemma or Model Derivatives are subject to the use restrictions in Section 3.2.
You must provide all third party recipients of Gemma or Model Derivatives a copy of this Agreement.
You must cause any modified files to carry prominent notices stating that you modified the files.
All Distributions (other than through a Hosted Service) must be accompanied by a "Notice" text file that contains the following notice: "Gemma is provided under and subject to the Gemma Terms of Use found at ai.google.dev/gemma/terms".
You may add your own intellectual property statement to your modifications and, except as set forth in this Section, may provide additional or different terms and conditions for use, reproduction, or Distribution of your modifications, or for any such Model Derivatives as a whole, provided your use, reproduction, modification, Distribution, performance, and display of Gemma otherwise complies with the terms and conditions of this Agreement. Any additional or different terms and conditions you impose must not conflict with the terms of this Agreement.
3.2 Use Restrictions
You must not use any of the Gemma Services:
for the restricted uses set forth in the Gemma Prohibited Use Policy at ai.google.dev/gemma/prohibited_use_policy ("Prohibited Use Policy"), which is hereby incorporated by reference into this Agreement; or
in violation of applicable laws and regulations.
To the maximum extent permitted by law, Google reserves the right to restrict (remotely or otherwise) usage of any of the Gemma Services that Google reasonably believes are in violation of this Agreement.
3.3 Generated Output
Google claims no rights in Outputs you generate using Gemma. You and your users are solely responsible for Outputs and their subsequent uses.
Section 4: ADDITIONAL PROVISIONS
4.1 Updates
Google may update Gemma from time to time.
4.2 Trademarks
Nothing in this Agreement grants you any rights to use Google's trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between you and Google. Google reserves any rights not expressly granted herein.
4.3 DISCLAIMER OF WARRANTY
UNLESS REQUIRED BY APPLICABLE LAW, THE GEMMA SERVICES, AND OUTPUTS, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, REPRODUCING, MODIFYING, PERFORMING, DISPLAYING OR DISTRIBUTING ANY OF THE GEMMA SERVICES OR OUTPUTS AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OR DISTRIBUTION OF ANY OF THE GEMMA SERVICES OR OUTPUTS AND YOUR EXERCISE OF RIGHTS AND PERMISSIONS UNDER THIS AGREEMENT.
4.4 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW, SHALL GOOGLE OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND ARISING FROM THIS AGREEMENT OR RELATED TO, ANY OF THE GEMMA SERVICES OR OUTPUTS EVEN IF GOOGLE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.5 Term, Termination, and Survival
The term of this Agreement will commence upon your acceptance of this Agreement (including acceptance by your use, modification, or Distribution, reproduction, performance or display of any portion or element of the Gemma Services) and will continue in full force and effect until terminated in accordance with the terms of this Agreement. Google may terminate this Agreement if you are in breach of any term of this Agreement. Upon termination of this Agreement, you must delete and cease use and Distribution of all copies of Gemma and Model Derivatives in your possession or control. Sections 1, 2.1, 3.3, 4.2 to 4.9 shall survive the termination of this Agreement.
4.6 Governing Law and Jurisdiction
This Agreement will be governed by the laws of the State of California without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The state and federal courts of Santa Clara County, California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
4.7 Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
4.8 Entire Agreement
This Agreement states all the terms agreed between the parties and supersedes all other agreements between the parties as of the date of acceptance relating to its subject matter.
4.9 No Waiver
Google will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
Gemma Terms of Use
Last modified: March 24, 2025
By using, reproducing, modifying, distributing, performing or displaying any portion or element of Gemma, Model Derivatives including via any Hosted Service, (each as defined below) (collectively, the "Gemma Services") or otherwise accepting the terms of this Agreement, you agree to be bound by this Agreement.
Section 1: DEFINITIONS
1.1 Definitions
(a) "Agreement" or "Gemma Terms of Use" means these terms and conditions that govern the use, reproduction, Distribution or modification of the Gemma Services and any terms and conditions incorporated by reference.
(b) "Distribution" or "Distribute" means any transmission, publication, or other sharing of Gemma or Model Derivatives to a third party, including by providing or making Gemma or its functionality available as a hosted service via API, web access, or any other electronic or remote means ("Hosted Service").
(c) "Gemma" means the set of machine learning language models, trained model weights and parameters identified in the Appendix, regardless of the source that you obtained it from.
(d) "Google" means Google LLC.
(e) "Model Derivatives" means all (i) modifications to Gemma, (ii) works based on Gemma, or (iii) any other machine learning model which is created by transfer of patterns of the weights, parameters, operations, or Output of Gemma, to that model in order to cause that model to perform similarly to Gemma, including distillation methods that use intermediate data representations or methods based on the generation of synthetic data Outputs by Gemma for training that model. For clarity, Outputs are not deemed Model Derivatives.
(f) "Output" means the information content output of Gemma or a Model Derivative that results from operating or otherwise using Gemma or the Model Derivative, including via a Hosted Service.
1.2
As used in this Agreement, "including" means "including without limitation".
Section 2: ELIGIBILITY AND USAGE
2.1 Eligibility
You represent and warrant that you have the legal capacity to enter into this Agreement (including being of sufficient age of consent). If you are accessing or using any of the Gemma Services for or on behalf of a legal entity, (a) you are entering into this Agreement on behalf of yourself and that legal entity, (b) you represent and warrant that you have the authority to act on behalf of and bind that entity to this Agreement and (c) references to "you" or "your" in the remainder of this Agreement refers to both you (as an individual) and that entity.
2.2 Use
You may use, reproduce, modify, Distribute, perform or display any of the Gemma Services only in accordance with the terms of this Agreement, and must not violate (or encourage or permit anyone else to violate) any term of this Agreement.
Section 3: DISTRIBUTION AND RESTRICTIONS
3.1 Distribution and Redistribution
You may reproduce or Distribute copies of Gemma or Model Derivatives if you meet all of the following conditions:
You must include the use restrictions referenced in Section 3.2 as an enforceable provision in any agreement (e.g., license agreement, terms of use, etc.) governing the use and/or distribution of Gemma or Model Derivatives and you must provide notice to subsequent users you Distribute to that Gemma or Model Derivatives are subject to the use restrictions in Section 3.2.
You must provide all third party recipients of Gemma or Model Derivatives a copy of this Agreement.
You must cause any modified files to carry prominent notices stating that you modified the files.
All Distributions (other than through a Hosted Service) must be accompanied by a "Notice" text file that contains the following notice: "Gemma is provided under and subject to the Gemma Terms of Use found at ai.google.dev/gemma/terms".
You may add your own intellectual property statement to your modifications and, except as set forth in this Section, may provide additional or different terms and conditions for use, reproduction, or Distribution of your modifications, or for any such Model Derivatives as a whole, provided your use, reproduction, modification, Distribution, performance, and display of Gemma otherwise complies with the terms and conditions of this Agreement. Any additional or different terms and conditions you impose must not conflict with the terms of this Agreement.
3.2 Use Restrictions
You must not use any of the Gemma Services:
for the restricted uses set forth in the Gemma Prohibited Use Policy at ai.google.dev/gemma/prohibited_use_policy ("Prohibited Use Policy"), which is hereby incorporated by reference into this Agreement; or
in violation of applicable laws and regulations.
To the maximum extent permitted by law, Google reserves the right to restrict (remotely or otherwise) usage of any of the Gemma Services that Google reasonably believes are in violation of this Agreement.
3.3 Generated Output
Google claims no rights in Outputs you generate using Gemma. You and your users are solely responsible for Outputs and their subsequent uses.
Section 4: ADDITIONAL PROVISIONS
4.1 Updates
Google may update Gemma from time to time.
4.2 Trademarks
Nothing in this Agreement grants you any rights to use Google's trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between you and Google. Google reserves any rights not expressly granted herein.
4.3 DISCLAIMER OF WARRANTY
UNLESS REQUIRED BY APPLICABLE LAW, THE GEMMA SERVICES, AND OUTPUTS, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, REPRODUCING, MODIFYING, PERFORMING, DISPLAYING OR DISTRIBUTING ANY OF THE GEMMA SERVICES OR OUTPUTS AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OR DISTRIBUTION OF ANY OF THE GEMMA SERVICES OR OUTPUTS AND YOUR EXERCISE OF RIGHTS AND PERMISSIONS UNDER THIS AGREEMENT.
4.4 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW, SHALL GOOGLE OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND ARISING FROM THIS AGREEMENT OR RELATED TO, ANY OF THE GEMMA SERVICES OR OUTPUTS EVEN IF GOOGLE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.5 Term, Termination, and Survival
The term of this Agreement will commence upon your acceptance of this Agreement (including acceptance by your use, modification, or Distribution, reproduction, performance or display of any portion or element of the Gemma Services) and will continue in full force and effect until terminated in accordance with the terms of this Agreement. Google may terminate this Agreement if you are in breach of any term of this Agreement. Upon termination of this Agreement, you must delete and cease use and Distribution of all copies of Gemma and Model Derivatives in your possession or control. Sections 1, 2.1, 3.3, 4.2 to 4.9 shall survive the termination of this Agreement.
4.6 Governing Law and Jurisdiction
This Agreement will be governed by the laws of the State of California without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The state and federal courts of Santa Clara County, California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
4.7 Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
4.8 Entire Agreement
This Agreement states all the terms agreed between the parties and supersedes all other agreements between the parties as of the date of acceptance relating to its subject matter.
4.9 No Waiver
Google will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
*** GeneralUser GS v2.0.1 ***
*** License v2.0 ***
** License of the complete work **
You may use GeneralUser GS without restriction for your own music creation,
private or commercial. This SoundFont bank is provided to the community free of
charge. Please feel free to use it in your software projects, and to modify the
SoundFont bank or its packaging to suit your needs.
** License of contained samples **
GeneralUser GS inherits the usage rights of the samples contained within, all of
which allow full use in music production, including the ability to make profit
from musical recordings created with GeneralUser GS.
Many of the samples are original, but some were taken from other banks freely
(and legally) available on the Internet from various SoundFont websites. Because
GeneralUser GS originated as a personal project with no intention for
publication, I cannot be 100% sure where all of the samples originated, although
I do know that none of them came from commercially published SoundFont packages
or sample CDs. Regardless, many "free" SoundFonts available on the web may
indeed contain samples of questionable origin. My understanding of the
copyrights of all samples is only as good as the information provided by the
original sources. If you become aware of any restricted samples being used in
GeneralUser GS, please let me know so I can replace them.
This uncertainty may concern you if you intend to use GeneralUser GS in a
commercial software product. That being said, I have never received any
complaint regarding sample ownership since I published the original GeneralUser
GS back in 2000, and as far as I am aware, neither have any of the companies
creating commercial software products using GeneralUser GS.
License: Generic-amiwm
Generic amiwm License
=====================
.
This license applies to whomever receives this file. It is a generic
license to use and distribute amiwm. If you want to acquire the software
under a different license, please contact the author. This license is
in part based on the XV license by John Bradley.
.
Permission to copy and distribute amiwm in its entirety, for
non-commercial purposes, is hereby granted without fee, provided
that this license information and copyright notice appear in all copies.
.
If you redistribute amiwm, the *entire* contents of this distribution
must be distributed, including the README, INSTALL and LICENSE files,
the sources, and the various scripts and Makefiles.
.
You may distribute binaries built from the unmodified amiwm sources, for
non-commercial purposes, provided that the entire amiwm source distribution
is also included, as per the preceding paragraph.
.
You may distribute amiwm as a component of an aggregate software
distribution, provided that no other condition of this license is violated.
In particular, the entire amiwm distribution must be included in the
aggregate software distribution.
.
Unrestricted use of the software is also hereby granted without fee.
Distribution and modification of source or binaries are not considered use
and explicitly covered by other paragraphs of this license.
.
The software may be modified for your own purposes, but modified versions
may not be distributed without prior consent of the author. You may
freely distribute patches against the unmodified source code.
.
This software is provided 'as-is', without any express or implied
warranty. In no event will the author be held liable for any damages
arising from the use of this software.
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in
supporting documentation. The name of the author may not be used in
advertising or publicity pertaining to distribution of the software
without specific, written prior permission. Notice must be given in
supporting documentation that copying distribution is by permission of
the author. The author makes no representations about the suitability of
this software for any purpose. It is provided "as is" without express
or implied warranty.
Permission to use, copy, and modify this software with or without fee
is hereby granted, provided that this entire notice is included in
all copies of any software which is or includes a copy or
modification of this software.
You may use this code under the GNU public license if you so wish. Please
contribute changes back to the authors under this freer than GPL license
so that we may further the use of strong encryption without limitations to
all.
THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY. IN PARTICULAR, NONE OF THE AUTHORS MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE
MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR
PURPOSE.
Commercial Licensing and Support Contracting
Our software products are developed with great care and passed numerous industry
evaluations. Our software is used by the US government and military.
Returning customers looking for online payment of invoices, please contact us.
Licensing Options
There are three licensing options.
Standard Open Source Edition: The open source edition offers basic functionality
without the use of the wsdl2h tool (no WSDL/schemas to code generation), no
webserver, no UDDI support, and no sample applications to use as basis for your
projects. The limited edition is licensed under the gSOAP public license free of
charge for commercial use. The gSOAP public license requires a notice (Exhibit
B) in the project documentation and in the third-party license list of the
product.
Standard Commercial Edition: The standard edition of the gSOAP toolset for
commercial use. This edition is identical to the standard open source edition,
but allows the use of the wsdl2h and soapcpp2 tools for commercial code and
document generation. This licens does not have the limitations of the open-
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licensed with limited warranties.
Enterprise Edition: The enterprise edition of the gSOAP toolset provides the
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To determine the applicable license or to inquire about license and support cost
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Download standard open source edition
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Please contact sales@genivia.com for pricing of the standard edition with or
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Linking exception clause
The Genode OS Framework (Genode) is licensed under the terms of the
GNU Affero General Public License version 3 (AGPLv3).
Linking Genode code statically or dynamically with other modules
is making a combined work based on Genode. Thus, the terms and
conditions of the AGPLv3 cover the whole combination.
As an "additional permission" as defined by Section 7 of the
AGPLv3, Genode Labs as the copyright holder of Genode gives you
permission to link Genode source code with "independent modules"
to produce an executable if the independent modules are licensed
under an "approved license", and to copy and distribute the
resulting executable under terms of your choice, provided that you
also meet, for each linked independent module, the terms and
conditions of the license of that module.
An "approved license" is a license that is officially approved as
an Open-Source license by the Open Source Initiative [1], or
listed as a Free-Software license by the Free Software Foundation
[2], or explicitly approved by Genode Labs.
An "independent module" is a module which is not derived from or
based on Genode, or merely uses the Genode API as defined in the
official documentation.
If you modify Genode, you may extend this exception to your
version of Genode, but you are not obliged to do so. If you do not
wish to do so, delete this exception statement from your version.
[1] https://opensource.org/licenses
[2] https://www.gnu.org/licenses/license-list.en.html
Copyright 1993, Geoff Kuenning, Granada Hills, CA
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All modifications to the source code must be clearly marked as
such. Binary redistributions based on modified source code
must be clearly marked as modified versions in the documentation
and/or other materials provided with the distribution.
4. All advertising materials mentioning features or use of this software
must display the following acknowledgment:
This product includes software developed by Geoff Kuenning and
other unpaid contributors.
5. The name of Geoff Kuenning may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY GEOFF KUENNING AND CONTRIBUTORS ``AS
IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GEOFF
KUENNING OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
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LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
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GeoGebra Non-Commercial License Agreement
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The terms of this License form a binding agreement between you, an individual user or non-commercial organization ("you" or "your"), and us regarding your non-commercial use of GeoGebra. By downloading, accessing or otherwise using GeoGebra you indicate your agreement to be bound by these License terms.
PLEASE NOTE THAT THIS LICENSE IS INTENDED FOR NON-COMMERCIAL USE OF GEOGEBRA ONLY. IF YOU INTEND TO USE GEOGEBRA FOR A COMMERCIAL PURPOSE, PLEASE CONTACT office@geogebra.org TO ARRANGE A COLLABORATION AGREEMENT WITH US BASED ON OUR COMMERCIAL LICENSE TERMS.
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The GeoGebra installers, web services and various copyright materials, graphics and resources made available are licensed to you on a limited, non-exclusive, personal, non-transferable and royalty-free license under which you are free to use, copy, distribute, modify and transmit the GeoGebra installers, web services and the copyright materials PROVIDED THAT you only do so for non-commercial purposes (without charging a fee to any third party) and PROVIDED THAT you attribute the work to us by (at least) mentioning our name, including an appropriate copyright notice and providing a Link href our website located at https://www.geogebra.org.
The GeoGebra source code is licensed to you under the terms of the GNU General Public License (version 3 or later) as published by the Free Software Foundation, the current text of which can be found via this link: https://www.gnu.org/licenses/gpl.html ("GPL"). Attribution (as required by the GPL) should take the form of (at least) a mention of our name, an appropriate copyright notice and a Link href our website located at https://www.geogebra.org.
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The Software (and all related materials and resources) are licensed to you WITHOUT ANY WARRANTY and on an AS IS basis including without limitation the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. We accept no liability for your use of the Software (save to the extent such liability cannot be excluded as a matter of law).
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The copyright and other intellectual property rights (including any trade marks) of whatever nature (arising anywhere in the world) in the GeoGebra software (and all related resources) are and will remain our property (or in the case of third party materials (including software libraries) which we have the right of use, the property of the third party licensor), and we reserve the right to grant licenses to use the GeoGebra software (and all related resources) to third parties.
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If any of the provisions of this License (including the additional terms incorporated by reference) are held to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted from the License. Such an omission will not affect the validity of the remaining provisions of the License, which will remain in full force and effect.
This License shall be governed by and interpreted in accordance with Austrian law.
These License terms were last updated in January 2022.
As an exception to the terms of the GPL, you may copy, modify,
propagate, and distribute a work formed by combining GeoServer with the
Eclipse Libraries, or a work derivative of such a combination, even if
such copying, modification, propagation, or distribution would otherwise
violate the terms of the GPL. Nothing in this exception exempts you from
complying with the GPL in all respects for all of the code used other
than the Eclipse Libraries. You may include this exception and its grant
of permissions when you distribute GeoServer. Inclusion of this notice
with such a distribution constitutes a grant of such permissions. If
you do not wish to grant these permissions, remove this paragraph from
your distribution. "GeoServer" means the GeoServer software licensed
under version 2 or any later version of the GPL, or a work based on such
software and licensed under the GPL. "Eclipse Libraries" means Eclipse
Modeling Framework Project and XML Schema Definition software
distributed by the Eclipse Foundation and licensed under the Eclipse
Public License Version 1.0 ("EPL"), or a work based on such software and
licensed under the EPL.
Permission is granted to copy, distribute and/or modify this document under the
terms of the GNU Free Documentation License, Version 1.1; with the Invariant
Sections being LIST THEIR TITLES, with the Front-Cover Texts being LIST, and
with the Back-Cover Texts being LIST. A copy of the license is included in the
section entitled "GNU Free Documentation License".
GNU Free Documentation License
Version 1.1, March 2000
Copyright (C) 2000 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
written document "free" in the sense of freedom: to assure everyone
the effective freedom to copy and redistribute it, with or without
modifying it, either commercially or noncommercially. Secondarily,
this License preserves for the author and publisher a way to get
credit for their work, while not being considered responsible for
modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work that contains a
notice placed by the copyright holder saying it can be distributed
under the terms of this License. The "Document", below, refers to any
such manual or work. Any member of the public is a licensee, and is
addressed as "you".
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (For example, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, whose contents can be viewed and edited directly and
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup has been designed to thwart or discourage
subsequent modification by readers is not Transparent. A copy that is
not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML designed for human modification. Opaque formats include
PostScript, PDF, proprietary formats that can be read and edited only
by proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML produced by some word processors for output
purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies of the Document numbering more than 100,
and the Document's license notice requires Cover Texts, you must enclose
the copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a publicly-accessible computer-network location containing a complete
Transparent copy of the Document, free of added material, which the
general network-using public has access to download anonymously at no
charge using public-standard network protocols. If you use the latter
option, you must take reasonably prudent steps, when you begin
distribution of Opaque copies in quantity, to ensure that this
Transparent copy will remain thus accessible at the stated location
until at least one year after the last time you distribute an Opaque
copy (directly or through your agents or retailers) of that edition to
the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has less than five).
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section entitled "History", and its title, and add to
it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. In any section entitled "Acknowledgements" or "Dedications",
preserve the section's title, and preserve in the section all the
substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section as "Endorsements"
or to conflict in title with any Invariant Section.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections entitled "History"
in the various original documents, forming one section entitled
"History"; likewise combine any sections entitled "Acknowledgements",
and any sections entitled "Dedications". You must delete all sections
entitled "Endorsements."
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, does not as a whole count as a Modified Version
of the Document, provided no compilation copyright is claimed for the
compilation. Such a compilation is called an "aggregate", and this
License does not apply to the other self-contained works thus compiled
with the Document, on account of their being thus compiled, if they
are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one quarter
of the entire aggregate, the Document's Cover Texts may be placed on
covers that surround only the Document within the aggregate.
Otherwise they must appear on covers around the whole aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License provided that you also include the
original English version of this License. In case of a disagreement
between the translation and the original English version of this
License, the original English version will prevail.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have no Invariant Sections, write "with no Invariant Sections"
instead of saying which ones are invariant. If you have no
Front-Cover Texts, write "no Front-Cover Texts" instead of
"Front-Cover Texts being LIST"; likewise for Back-Cover Texts.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
GNU Free Documentation License
Version 1.1, March 2000
Copyright (C) 2000 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
written document "free" in the sense of freedom: to assure everyone
the effective freedom to copy and redistribute it, with or without
modifying it, either commercially or noncommercially. Secondarily,
this License preserves for the author and publisher a way to get
credit for their work, while not being considered responsible for
modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work that contains a
notice placed by the copyright holder saying it can be distributed
under the terms of this License. The "Document", below, refers to any
such manual or work. Any member of the public is a licensee, and is
addressed as "you".
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (For example, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, whose contents can be viewed and edited directly and
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup has been designed to thwart or discourage
subsequent modification by readers is not Transparent. A copy that is
not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML designed for human modification. Opaque formats include
PostScript, PDF, proprietary formats that can be read and edited only
by proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML produced by some word processors for output
purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies of the Document numbering more than 100,
and the Document's license notice requires Cover Texts, you must enclose
the copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a publicly-accessible computer-network location containing a complete
Transparent copy of the Document, free of added material, which the
general network-using public has access to download anonymously at no
charge using public-standard network protocols. If you use the latter
option, you must take reasonably prudent steps, when you begin
distribution of Opaque copies in quantity, to ensure that this
Transparent copy will remain thus accessible at the stated location
until at least one year after the last time you distribute an Opaque
copy (directly or through your agents or retailers) of that edition to
the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has less than five).
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section entitled "History", and its title, and add to
it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. In any section entitled "Acknowledgements" or "Dedications",
preserve the section's title, and preserve in the section all the
substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section as "Endorsements"
or to conflict in title with any Invariant Section.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections entitled "History"
in the various original documents, forming one section entitled
"History"; likewise combine any sections entitled "Acknowledgements",
and any sections entitled "Dedications". You must delete all sections
entitled "Endorsements."
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, does not as a whole count as a Modified Version
of the Document, provided no compilation copyright is claimed for the
compilation. Such a compilation is called an "aggregate", and this
License does not apply to the other self-contained works thus compiled
with the Document, on account of their being thus compiled, if they
are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one quarter
of the entire aggregate, the Document's Cover Texts may be placed on
covers that surround only the Document within the aggregate.
Otherwise they must appear on covers around the whole aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License provided that you also include the
original English version of this License. In case of a disagreement
between the translation and the original English version of this
License, the original English version will prevail.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have no Invariant Sections, write "with no Invariant Sections"
instead of saying which ones are invariant. If you have no
Front-Cover Texts, write "no Front-Cover Texts" instead of
"Front-Cover Texts being LIST"; likewise for Back-Cover Texts.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute and/or modify this
document under the terms of the GNU Free Documentation License,
Version 1.1; with no Invariant Sections, with no Front-Cover Texts,
and with no Back-Cover Texts. A copy of the license is included in
the section entitled "GNU Free Documentation License".
GNU Free Documentation License
Version 1.1, March 2000
Copyright (C) 2000 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
written document "free" in the sense of freedom: to assure everyone
the effective freedom to copy and redistribute it, with or without
modifying it, either commercially or noncommercially. Secondarily,
this License preserves for the author and publisher a way to get
credit for their work, while not being considered responsible for
modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work that contains a
notice placed by the copyright holder saying it can be distributed
under the terms of this License. The "Document", below, refers to any
such manual or work. Any member of the public is a licensee, and is
addressed as "you".
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (For example, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, whose contents can be viewed and edited directly and
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup has been designed to thwart or discourage
subsequent modification by readers is not Transparent. A copy that is
not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML designed for human modification. Opaque formats include
PostScript, PDF, proprietary formats that can be read and edited only
by proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML produced by some word processors for output
purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies of the Document numbering more than 100,
and the Document's license notice requires Cover Texts, you must enclose
the copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a publicly-accessible computer-network location containing a complete
Transparent copy of the Document, free of added material, which the
general network-using public has access to download anonymously at no
charge using public-standard network protocols. If you use the latter
option, you must take reasonably prudent steps, when you begin
distribution of Opaque copies in quantity, to ensure that this
Transparent copy will remain thus accessible at the stated location
until at least one year after the last time you distribute an Opaque
copy (directly or through your agents or retailers) of that edition to
the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has less than five).
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section entitled "History", and its title, and add to
it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. In any section entitled "Acknowledgements" or "Dedications",
preserve the section's title, and preserve in the section all the
substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section as "Endorsements"
or to conflict in title with any Invariant Section.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections entitled "History"
in the various original documents, forming one section entitled
"History"; likewise combine any sections entitled "Acknowledgements",
and any sections entitled "Dedications". You must delete all sections
entitled "Endorsements."
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, does not as a whole count as a Modified Version
of the Document, provided no compilation copyright is claimed for the
compilation. Such a compilation is called an "aggregate", and this
License does not apply to the other self-contained works thus compiled
with the Document, on account of their being thus compiled, if they
are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one quarter
of the entire aggregate, the Document's Cover Texts may be placed on
covers that surround only the Document within the aggregate.
Otherwise they must appear on covers around the whole aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License provided that you also include the
original English version of this License. In case of a disagreement
between the translation and the original English version of this
License, the original English version will prevail.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have no Invariant Sections, write "with no Invariant Sections"
instead of saying which ones are invariant. If you have no
Front-Cover Texts, write "no Front-Cover Texts" instead of
"Front-Cover Texts being LIST"; likewise for Back-Cover Texts.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute and/or modify this
document under the terms of the GNU Free Documentation License,
Version 1.1 or any later version published by the Free Software
Foundation; with no Invariant Sections, with no Front-Cover
Texts, and with no Back-Cover Texts. A copy of the license is
included in the section entitled "GNU Free Documentation
License".
GNU Free Documentation License
Version 1.1, March 2000
Copyright (C) 2000 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
written document "free" in the sense of freedom: to assure everyone
the effective freedom to copy and redistribute it, with or without
modifying it, either commercially or noncommercially. Secondarily,
this License preserves for the author and publisher a way to get
credit for their work, while not being considered responsible for
modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work that contains a
notice placed by the copyright holder saying it can be distributed
under the terms of this License. The "Document", below, refers to any
such manual or work. Any member of the public is a licensee, and is
addressed as "you".
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (For example, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, whose contents can be viewed and edited directly and
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup has been designed to thwart or discourage
subsequent modification by readers is not Transparent. A copy that is
not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML designed for human modification. Opaque formats include
PostScript, PDF, proprietary formats that can be read and edited only
by proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML produced by some word processors for output
purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies of the Document numbering more than 100,
and the Document's license notice requires Cover Texts, you must enclose
the copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a publicly-accessible computer-network location containing a complete
Transparent copy of the Document, free of added material, which the
general network-using public has access to download anonymously at no
charge using public-standard network protocols. If you use the latter
option, you must take reasonably prudent steps, when you begin
distribution of Opaque copies in quantity, to ensure that this
Transparent copy will remain thus accessible at the stated location
until at least one year after the last time you distribute an Opaque
copy (directly or through your agents or retailers) of that edition to
the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has less than five).
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section entitled "History", and its title, and add to
it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. In any section entitled "Acknowledgements" or "Dedications",
preserve the section's title, and preserve in the section all the
substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section as "Endorsements"
or to conflict in title with any Invariant Section.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections entitled "History"
in the various original documents, forming one section entitled
"History"; likewise combine any sections entitled "Acknowledgements",
and any sections entitled "Dedications". You must delete all sections
entitled "Endorsements."
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, does not as a whole count as a Modified Version
of the Document, provided no compilation copyright is claimed for the
compilation. Such a compilation is called an "aggregate", and this
License does not apply to the other self-contained works thus compiled
with the Document, on account of their being thus compiled, if they
are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one quarter
of the entire aggregate, the Document's Cover Texts may be placed on
covers that surround only the Document within the aggregate.
Otherwise they must appear on covers around the whole aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License provided that you also include the
original English version of this License. In case of a disagreement
between the translation and the original English version of this
License, the original English version will prevail.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have no Invariant Sections, write "with no Invariant Sections"
instead of saying which ones are invariant. If you have no
Front-Cover Texts, write "no Front-Cover Texts" instead of
"Front-Cover Texts being LIST"; likewise for Back-Cover Texts.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation.
GNU Free Documentation License
Version 1.1, March 2000
Copyright (C) 2000 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
written document "free" in the sense of freedom: to assure everyone
the effective freedom to copy and redistribute it, with or without
modifying it, either commercially or noncommercially. Secondarily,
this License preserves for the author and publisher a way to get
credit for their work, while not being considered responsible for
modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work that contains a
notice placed by the copyright holder saying it can be distributed
under the terms of this License. The "Document", below, refers to any
such manual or work. Any member of the public is a licensee, and is
addressed as "you".
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (For example, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, whose contents can be viewed and edited directly and
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup has been designed to thwart or discourage
subsequent modification by readers is not Transparent. A copy that is
not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML designed for human modification. Opaque formats include
PostScript, PDF, proprietary formats that can be read and edited only
by proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML produced by some word processors for output
purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies of the Document numbering more than 100,
and the Document's license notice requires Cover Texts, you must enclose
the copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a publicly-accessible computer-network location containing a complete
Transparent copy of the Document, free of added material, which the
general network-using public has access to download anonymously at no
charge using public-standard network protocols. If you use the latter
option, you must take reasonably prudent steps, when you begin
distribution of Opaque copies in quantity, to ensure that this
Transparent copy will remain thus accessible at the stated location
until at least one year after the last time you distribute an Opaque
copy (directly or through your agents or retailers) of that edition to
the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has less than five).
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section entitled "History", and its title, and add to
it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. In any section entitled "Acknowledgements" or "Dedications",
preserve the section's title, and preserve in the section all the
substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section as "Endorsements"
or to conflict in title with any Invariant Section.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections entitled "History"
in the various original documents, forming one section entitled
"History"; likewise combine any sections entitled "Acknowledgements",
and any sections entitled "Dedications". You must delete all sections
entitled "Endorsements."
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, does not as a whole count as a Modified Version
of the Document, provided no compilation copyright is claimed for the
compilation. Such a compilation is called an "aggregate", and this
License does not apply to the other self-contained works thus compiled
with the Document, on account of their being thus compiled, if they
are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one quarter
of the entire aggregate, the Document's Cover Texts may be placed on
covers that surround only the Document within the aggregate.
Otherwise they must appear on covers around the whole aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License provided that you also include the
original English version of this License. In case of a disagreement
between the translation and the original English version of this
License, the original English version will prevail.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have no Invariant Sections, write "with no Invariant Sections"
instead of saying which ones are invariant. If you have no
Front-Cover Texts, write "no Front-Cover Texts" instead of
"Front-Cover Texts being LIST"; likewise for Back-Cover Texts.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
GNU Free Documentation License
Version 1.1, March 2000
Copyright (C) 2000 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
written document "free" in the sense of freedom: to assure everyone
the effective freedom to copy and redistribute it, with or without
modifying it, either commercially or noncommercially. Secondarily,
this License preserves for the author and publisher a way to get
credit for their work, while not being considered responsible for
modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work that contains a
notice placed by the copyright holder saying it can be distributed
under the terms of this License. The "Document", below, refers to any
such manual or work. Any member of the public is a licensee, and is
addressed as "you".
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (For example, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, whose contents can be viewed and edited directly and
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup has been designed to thwart or discourage
subsequent modification by readers is not Transparent. A copy that is
not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML designed for human modification. Opaque formats include
PostScript, PDF, proprietary formats that can be read and edited only
by proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML produced by some word processors for output
purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies of the Document numbering more than 100,
and the Document's license notice requires Cover Texts, you must enclose
the copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a publicly-accessible computer-network location containing a complete
Transparent copy of the Document, free of added material, which the
general network-using public has access to download anonymously at no
charge using public-standard network protocols. If you use the latter
option, you must take reasonably prudent steps, when you begin
distribution of Opaque copies in quantity, to ensure that this
Transparent copy will remain thus accessible at the stated location
until at least one year after the last time you distribute an Opaque
copy (directly or through your agents or retailers) of that edition to
the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has less than five).
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section entitled "History", and its title, and add to
it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. In any section entitled "Acknowledgements" or "Dedications",
preserve the section's title, and preserve in the section all the
substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section as "Endorsements"
or to conflict in title with any Invariant Section.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections entitled "History"
in the various original documents, forming one section entitled
"History"; likewise combine any sections entitled "Acknowledgements",
and any sections entitled "Dedications". You must delete all sections
entitled "Endorsements."
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, does not as a whole count as a Modified Version
of the Document, provided no compilation copyright is claimed for the
compilation. Such a compilation is called an "aggregate", and this
License does not apply to the other self-contained works thus compiled
with the Document, on account of their being thus compiled, if they
are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one quarter
of the entire aggregate, the Document's Cover Texts may be placed on
covers that surround only the Document within the aggregate.
Otherwise they must appear on covers around the whole aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License provided that you also include the
original English version of this License. In case of a disagreement
between the translation and the original English version of this
License, the original English version will prevail.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.1
or any later version published by the Free Software Foundation;
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have no Invariant Sections, write "with no Invariant Sections"
instead of saying which ones are invariant. If you have no
Front-Cover Texts, write "no Front-Cover Texts" instead of
"Front-Cover Texts being LIST"; likewise for Back-Cover Texts.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.2; with the Invariant Sections being LIST THEIR TITLES ,
with the Front-Cover Texts being LIST , and with the Back-Cover Texts being
LIST . A copy of the license is included in the section entitled "GNU Free
Documentation License".
GNU Free Documentation License
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (Thus, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.2 or any later version published by the Free Software
Foundation; with the Invariant Sections being LIST THEIR TITLES , with the
Front-Cover Texts being LIST , and with the Back-Cover Texts being LIST . A
copy of the license is included in the section entitled "GNU Free
Documentation License".
GNU Free Documentation License
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (Thus, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.2; with no Invariant Sections, no Front-Cover Texts, and
no Back-Cover Texts. A copy of the license is included in the section
entitled "GNU Free Documentation License".
GNU Free Documentation License
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (Thus, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.2 or any later version published by the Free Software
Foundation; with no Invariant Sections, no Front-Cover Texts,and no Back-
Cover Texts. A copy of the license is included in the section entitled "GNU
Free Documentation License".
GNU Free Documentation License
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (Thus, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
GNU Free Documentation License
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (Thus, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
GNU Free Documentation License
Version 1.2, November 2002
Copyright (C) 2000,2001,2002 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall subject
(or to related matters) and contains nothing that could fall directly
within that overall subject. (Thus, if the Document is in part a
textbook of mathematics, a Secondary Section may not explain any
mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no other
conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to give
them a chance to provide you with an updated version of the Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents
released under this License, and replace the individual copies of this
License in the various documents with a single copy that is included in
the collection, provided that you follow the rules of this License for
verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute
it individually under this License, provided you insert a copy of this
License into the extracted document, and follow this License in all
other respects regarding verbatim copying of that document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except
as expressly provided for under this License. Any other attempt to
copy, modify, sublicense or distribute the Document is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions
of the GNU Free Documentation License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.2
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.3; with with the Invariant Sections being LIST THEIR
TITLES , with the Front-Cover Texts being LIST , and with the Back-Cover
Texts being LIST . A copy of the license is included in the section
entitled "GNU Free Documentation License".
GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.3 or any later version published by the Free Software
Foundation; with the Invariant Sections being LIST THEIR TITLES , with the
Front-Cover Texts being LIST , and with the Back-Cover Texts being LIST . A
copy of the license is included in the section entitled "GNU Free
Documentation License".
GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.3; with no Invariant Sections, no Front-Cover Texts, and
no Back-Cover Texts. A copy of the license is included in the section
entitled "GNU Free Documentation License".
GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute
and/or modify this document under the terms of the GNU Free Documentation
License, Version 1.3 or any later version published by the Free Software
Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-
Cover Texts. A copy of the license is included in the section entitled "GNU
Free Documentation License".
GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation.
GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted.
This software is provided "as is" without express or implied warranty.
GHOSTSCRIPT GENERAL PUBLIC LICENSE
(Clarified 11 Feb 1988)
Copyright (C) 1988 Richard M. Stallman
Everyone is permitted to copy and distribute verbatim copies of this
license, but changing it is not allowed. You can also use this wording
to make the terms for other programs.
The license agreements of most software companies keep you at the
mercy of those companies. By contrast, our general public license is
intended to give everyone the right to share Ghostscript. To make sure
that you get the rights we want you to have, we need to make
restrictions that forbid anyone to deny you these rights or to ask you
to surrender the rights. Hence this license agreement.
Specifically, we want to make sure that you have the right to give
away copies of Ghostscript, that you receive source code or else can get
it if you want it, that you can change Ghostscript or use pieces of it
in new free programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to
deprive anyone else of these rights. For example, if you distribute
copies of Ghostscript, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must tell them their rights.
Also, for our own protection, we must make certain that everyone finds
out that there is no warranty for Ghostscript. If Ghostscript is
modified by someone else and passed on, we want its recipients to know
that what they have is not what we distributed, so that any problems
introduced by others will not reflect on our reputation.
Therefore we (Richard M. Stallman and the Free Software Foundation,
Inc.) make the following terms which say what you must do to be allowed
to distribute or change Ghostscript.
COPYING POLICIES
1. You may copy and distribute verbatim copies of Ghostscript source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy a valid copyright and license
notice "Copyright (C) 1989 Aladdin Enterprises. All rights reserved.
Distributed by Free Software Foundation, Inc." (or with whatever year is
appropriate); keep intact the notices on all files that refer to this
License Agreement and to the absence of any warranty; and give any other
recipients of the Ghostscript program a copy of this License Agreement
along with the program. You may charge a distribution fee for the
physical act of transferring a copy.
2. You may modify your copy or copies of Ghostscript or any portion of
it, and copy and distribute such modifications under the terms of
Paragraph 1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating
that you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish,
that in whole or in part contains or is a derivative of Ghostscript
or any part thereof, to be licensed at no charge to all third
parties on terms identical to those contained in this License
Agreement (except that you may choose to grant more extensive
warranty protection to some or all third parties, at your option).
c) You may charge a distribution fee for the physical act of
transferring a copy, and you may at your option offer warranty
protection in exchange for a fee.
Mere aggregation of another unrelated program with this program (or its
derivative) on a volume of a storage or distribution medium does not bring
the other program under the scope of these terms.
3. You may copy and distribute Ghostscript (or a portion or derivative
of it, under Paragraph 2) in object code or executable form under the
terms of Paragraphs 1 and 2 above provided that you also do one of the
following:
a) accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of
Paragraphs 1 and 2 above; or,
b) accompany it with a written offer, valid for at least three
years, to give any third party free (except for a nominal
shipping charge) a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of
Paragraphs 1 and 2 above; or,
c) accompany it with the information you received as to where the
corresponding source code may be obtained. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form alone.)
For an executable file, complete source code means all the source code for
all modules it contains; but, as a special exception, it need not include
source code for modules which are standard libraries that accompany the
operating system on which the executable file runs.
4. You may not copy, sublicense, distribute or transfer Ghostscript
except as expressly provided under this License Agreement. Any attempt
otherwise to copy, sublicense, distribute or transfer Ghostscript is
void and your rights to use the program under this License agreement
shall be automatically terminated. However, parties who have received
computer software programs from you with this License Agreement will not
have their licenses terminated so long as such parties remain in full
compliance.
5. If you wish to incorporate parts of Ghostscript into other free
programs whose distribution conditions are different, write to the Free
Software Foundation at 675 Mass Ave, Cambridge, MA 02139. We have not
yet worked out a simple rule that can be stated here, but we will often
permit this. We will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting the
sharing and reuse of software.
Your comments and suggestions about our licensing policies and our
software are welcome! Please contact the Free Software Foundation,
Inc., 675 Mass Ave, Cambridge, MA 02139, or call (617) 876-3296.
NO WARRANTY
BECAUSE GHOSTSCRIPT IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY
NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING, FREE SOFTWARE FOUNDATION, INC, RICHARD
M. STALLMAN, ALADDIN ENTERPRISES, L. PETER DEUTSCH, AND/OR OTHER PARTIES
PROVIDE GHOSTSCRIPT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GHOSTSCRIPT IS WITH
YOU. SHOULD GHOSTSCRIPT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL RICHARD M.
STALLMAN, THE FREE SOFTWARE FOUNDATION, INC., L. PETER DEUTSCH, ALADDIN
ENTERPRISES, AND/OR ANY OTHER PARTY WHO MAY MODIFY AND REDISTRIBUTE
GHOSTSCRIPT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING
ANY LOST PROFITS, LOST MONIES, OR OTHER SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS) GHOSTSCRIPT, EVEN IF YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY.
10. Exclusions
The SEO (Search Engine Optimiazation) functionality is provided in a separate
file named "seo.cpp", and is not included in this license. If you would like to
license that then you can arrange a licensing agreement with Matt Wells.
Likewise, the Event datamining logic is in Events.cpp and must be separately licensed
as well.
Using this code for training an A.I. system must be separately licensed
as well.
The companies ElasticSearch BV, LucidWorks and their subsidiaries or affiliates are excluded from this license.
GitHub CodeQL Terms and Conditions
==================================
These GitHub CodeQL Terms and Conditions ("**Terms**") are a legal
agreement between you (either as an individual or on behalf of an
entity) and GitHub, Inc. regarding your use of the GitHub CodeQL
software and associated documentation (collectively, the
"**Software**"). By using the Software, you accept these Terms.
**Please read all of these Terms;** in many cases, provisions set
forth later in the Terms limit and qualify provisions set forth
earlier in the Terms. If you do not accept these Terms, do not
download, install, use, or copy the Software.
Definitions
-----------
In these Terms:
* "OSI-approved License" means an Open Source Initiative
(OSI)-approved open source software license.
* "Open Source Codebase" means a codebase that is released under an
OSI-approved License.
Use Rights; Scope of License
----------------------------
The Software is licensed on a per user basis. Here's what you may do
with the Software, but subject to License Restrictions provisions
below:
* Use the Software to perform academic research.
* Use the Software to demonstrate the Software.
* Test CodeQL queries that are released under an OSI-approved
Licence to confirm that new versions of those queries continue to
find the right vulnerabilities.
Here's what you may also do with the Software, but only with an Open
Source Codebase and subject to the License Restrictions provisions
below:
* Perform analysis on the Open Source Codebase.
* If the Open Source Codebase is hosted and maintained on
GitHub.com, generate CodeQL databases for or during automated
analysis, CI, or CD.
License Restrictions
--------------------
These Terms do not authorize, and the Software may not be used for any
purpose not expressly set forth above, including:
* To otherwise or in any other context generate any CodeQL database
for or during automated analysis, CI or CD, whether as part of
normal engineering processes or another context.
* To otherwise or in any other context use the Software in
connection with any codebase that is not an Open Source Codebase
(e.g., code in a private repo in GitHub).
_**Please note:** if your use of the Software is under a paid customer
license for GitHub Advanced Security, the restrictions with respect to
automated analysis, CI, and CD and use in connection with non-Open
Source Codebases do not apply._
At all times, except (and only to the extent) permitted by applicable
law or applicable third-party license, you will not (and have no right
to):
* work around any technical limitations in the Software that only
allow you to use it in certain ways;
* reverse engineer, decompile or disassemble the Software;
* remove, minimize, block, or modify any notices of GitHub or its
suppliers in the Software;
* use the Software in any way that is against the law; or
* share, publish, distribute or lend the Software, provide or make
available the Software as a hosted solution (whether on a
standalone basis or combined, incorporated or integrated with
other software or services) for others to use, or transfer the
Software or these Terms to any third party.
The Software is licensed, not sold. GitHub reserves all rights not
expressly granted in these Terms.
Open Source Software
--------------------
The Software may include components licensed under open source
software licenses. Any such licenses are included in the "Open Source
Notices" documentation that is included with the Software. Such
documentation also includes copies of all applicable open source
licenses.
To the extent the terms of the licenses applicable to open source
components require GitHub to make an offer to provide source code in
connection with the Software, such offer is hereby made, and you may
exercise it by contacting GitHub: https://github.com/contact.
Unless otherwise agreed to in writing with GitHub, your agreement with
GitHub will always include, at a minimum, these Terms. Open source
software licenses for the Software's source code constitute separate
written agreements. To the limited extent that any open source
software license expressly supersedes these Terms, such open source
license governs your use of the applicable component(s) of the
Software subject to such license.
GitHub Trademarks
-----------------
These Terms do not grant any right or license to use any of GitHub's
trademarks or logos, including, without limitation, the names GitHub
and CodeQL and any Software logo designs in the "logos" folder of the
Software. You agree not to display or use any of these trademarks or
logos in any manner without GitHub's prior written permission, except
as allowed by GitHub's Logos and Usage Policy located at
https://github.com/logos. GitHub reserves all right, title and
interest in and to all GitHub trademarks and logos.
Additional Services
-------------------
Auto-Updates: The Software may include an auto-update service. If the
Software automatically enables such service (or, if it is not
automatically enabled and you choose to use it), GitHub will
automatically update the Software when a new version is available.
Support
-------
Because the Software is "as-is," GitHub may not provide support for it.
Export Control
--------------
Customer will comply with all applicable export and import laws and
regulations that apply to the Software.
Disclaimer; Limitations of Liability
------------------------------------
THE SOFTWARE, INCLUDING ANY ADDITIONAL SERVICES, IS PROVIDED ON AN
"AS-IS" BASIS, AND GITHUB GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GITHUB
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE SOFTWARE IS
AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND
AND AGREE THAT (1) YOU CAN RECOVER DIRECT DAMAGES RELATING TO THE
SOFTWARE, INCLUDING ANY ADDITIONAL SERVICES, UP TO U.S. $5.00 FROM
GITHUB AND ITS SUPPLIERS, AND (2) GITHUB WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GITHUB HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO THE
SOFTWARE, INCLUDING ANY ADDITIONAL SERVICES.
Miscellaneous
-------------
_No Waiver._ The failure of GitHub to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision.
_Entire Agreement._ These Terms, together with any open source
software licenses referenced above, constitutes the entire agreement
between you and GitHub regarding your use of the Software, superseding
any prior agreements between you and GitHub (including, but not
limited to, any prior versions of these Terms) regarding such use.
_Governing Law._ You agree that these Terms and your use of the
Software are governed by the laws of the State of California and any
dispute relating to the Software or your use thereof must be brought
in a tribunal of competent jurisdiction located in or near San
Francisco, California.
_Modifications._ These Terms may only be modified by a written
amendment signed by an authorized representative of GitHub, or by the
posting by GitHub of a revised version.
_Contact Us._ Questions about these Terms? Contact us at
https://support.github.com/contact.
The GitLab Enterprise Edition (EE) license (the “EE License”)
Copyright (c) 2011-present GitLab B.V.
With regard to the GitLab Software:
This software and associated documentation files (the "Software") may only be
used in production, if you (and any entity that you represent) have agreed to,
and are in compliance with, the GitLab Subscription Terms of Service, available
at https://about.gitlab.com/terms/#subscription (the “EE Terms”), or other
agreement governing the use of the Software, as agreed by you and GitLab,
and otherwise have a valid GitLab Enterprise Edition subscription for the
correct number of user seats. Subject to the foregoing sentence, you are free to
modify this Software and publish patches to the Software. You agree that GitLab
and/or its licensors (as applicable) retain all right, title and interest in and
to all such modifications and/or patches, and all such modifications and/or
patches may only be used, copied, modified, displayed, distributed, or otherwise
exploited with a valid GitLab Enterprise Edition subscription for the correct
number of user seats. Notwithstanding the foregoing, you may copy and modify
the Software for development and testing purposes, without requiring a
subscription. You agree that GitLab and/or its licensors (as applicable) retain
all right, title and interest in and to all such modifications. You are not
granted any other rights beyond what is expressly stated herein. Subject to the
foregoing, it is forbidden to copy, merge, publish, distribute, sublicense,
and/or sell the Software.
This EE License applies only to the part of this Software that is not
distributed as part of GitLab Community Edition (CE). Any part of this Software
distributed as part of GitLab CE or is served client-side as an image, font,
cascading stylesheet (CSS), file which produces or is compiled, arranged,
augmented, or combined into client-side JavaScript, in whole or in part, is
copyrighted under the MIT Expat license. The full text of this EE License shall
be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
For all third party components incorporated into the GitLab Software, those
components are licensed under the original license provided by the owner of the
applicable component.
GITLEAKS-ACTION END-USER LICENSE AGREEMENT
------------------------------------------------------------------------------
IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY) AND GITLEAKS LLC ("We", "Us", "Our"). READ IT CAREFULLY BEFORE USING GITLEAKS-ACTION AND RELATED SOFTWARE COMPONENTS (“SOFTWARE”). IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
------------------------------------------------------------------------------
In order to use the Software under this Agreement, you may be required to obtain a License Key, as follows:
* If you are using the Software to scan repositories owned by an Organization Account, as defined here https://docs.github.com/en/get-started/learning-about-github/types-of-github-accounts#organization-accounts, then you must obtain a License Key.
* If you are using the Software to scan repositories owned by a Personal Account, as defined here https://docs.github.com/en/get-started/learning-about-github/types-of-github-accounts#personal-accounts, then no License Key is required.
* License Key requirements are automatically enforced by the Software, and if there is any uncertainty about whether a License Key is required, you may rely upon the behavior of the Software.
1. License Grant
1.1 General Use. This Agreement grants you a non-exclusive, non-transferable, limited license to the use rights for the Software, without the right to grant sublicenses, subject to the terms and conditions in this Agreement. The Software is licensed, not sold. This Software runs as a GitHub Action. As such, in addition to this Agreement, you may also be bound by various GitHub terms of service, for example, the GitHub Terms for Additional Products and Features.
1.2 License Tiers. There are various license tiers available for purchase. Each tier specifies a limit on the number of code repositories that the Software can be used to scan. You may not use the Software to scan more repositories than the limit associated with the tier you purchased.
1.3 Source Available. Gitleaks LLC may make the source code for the Software available to you, for example, on a public GitHub repository such as https://github.com/zricethezav/gitleaks-action. If Gitleaks LLC does make the code available to you, you are permitted to:
(a) Read and inspect the code.
(b) Download the code and/or clone the repository.
(c) Make a reasonable number of copies of the source code for archival purposes. Each copy must reproduce all copyright and other proprietary rights notices.
1.4 Modifications. You may not make any modifications to the original Software or source code without requesting and obtaining explicit consent form Gitleaks LLC. “Modification” means:
(a) Any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or
(b) Any new file that contains any part of the original Software or previous Modifications.
1.5 Electronic Delivery. All Software and license documentation shall be delivered by electronic means. Software shall be deemed delivered when the License Key is made available to you.
2. Restricted Uses.
2.1 You shall not (and shall not allow any third party to):
(a) Distribute, sell, sublicense, rent, or lease the Software, except as expressly permitted under this Agreement, or as may be permitted by a separate reseller agreement between you and Gitleaks LLC;
(b) Redistribute the Software as part of a product;
(c) Remove any product identification, proprietary, copyright or other notices contained in the Software;
(d) Modify any part of the Software, create a derivative work of any part of the Software, or incorporate the Software, except to the extent expressly authorized in writing by Gitleaks LLC;
(e) Utilize any equipment, device, software, or other means designed to circumvent or remove any form of License Key or copy protection used by Gitleaks LLC in connection with the Software, or use the Software together with any authorization code, License Key, serial number, or other copy protection device not supplied by Gitleaks LLC or a reseller authorized by Gitleaks LLC;
(f) Use unauthorized License Keys or keycode(s) or distribute or publish License Keys or keycode(s), except as may be expressly permitted by Gitleaks LLC in writing. If your unique License Key is ever published, Gitleaks LLC reserves the right to terminate your access without notice.
2.2 UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS PART OF A PRODUCT OR SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY TO THE SOFTWARE ITSELF.
3. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Gitleaks LLC and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software, and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.
4. Fees and Payment. The Software license fees will be due and payable in full as set forth in the applicable invoice or at the time of purchase. If the Software does not function properly within two weeks of purchase, please contact us within those two weeks for a refund. You shall be responsible for all taxes, withholdings, duties and levies arising from the order (excluding taxes based on the net income of Gitleaks LLC).
5. Support, Maintenance and Services. Subject to the terms and conditions of this Agreement, as set forth in your invoice, support and maintenance services may be included with the purchase of your license subscription.
6. Term of Agreement.
6.1 Term. This Agreement is effective as of the delivery of the License Key and expires at such time as all license and service subscriptions hereunder have expired in accordance with their own terms (the “Term”). The term of your license under this Agreement shall be specified at your time of purchase. Either party may terminate this Agreement (including all related Invoices) if the other party:
(a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach, provided that Gitleaks LLC may terminate this Agreement immediately upon any breach of Section 1 or 2;
(b) ceases operation without a successor; or
(c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days)). Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
6.2 Termination. Upon any termination of this Agreement, you shall cease any and all use of the Software and destroy all copies of the Software and source code that you may have obtained.
6.3 Expiration of License. Upon the expiration of any term under this Agreement,
(a) all Software updates and services pursuant to the license shall cease,
(b) you may not add the Software to any additional repositories, and
(c) any new installation or use of the Software shall require the purchase of a new license subscription from Gitleaks LLC.
6.4 Use of User Logos
During the term of this Agreement, we may publicly identify you as a Gitleaks-Action user, which includes use of your logo. If you do not want us to identify you as a user, please contact us. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and Gitleaks LLC. Upon termination of your Gitleaks-Action subscription, Gitleaks LLC will remove any public references to our relationship from our websites.
7. Disclaimer of Warranties. The Software is provided "as is," with all faults, defects and errors, and without warranty of any kind. Gitleaks LLC does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Gitleaks LLC shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for Gitleaks LLC to do so.
To the maximum extent permitted by applicable law, Gitleaks LLC disclaims all warranties, express, implied, arising by law or otherwise, regarding the Software, the Software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability or fitness for a particular purpose.
8. Limitation of Liability.
In no event will Gitleaks LLC be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Gitleaks LLC has been advised of the possibility of such damages.
In no event will Gitleaks LLC's liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.
9. Remedies. Your exclusive remedy and Gitleaks LLC's entire liability for breach of this Agreement shall be limited, at Gitleaks LLC's sole and exclusive discretion, to
(a) replacement of any defective software or documentation; or
(b) refund of the license fee paid to Gitleaks LLC, payable in accordance with Gitleaks LLC's refund policy.
10. Acknowledgements.
10.1 Consent to the Use of Data. You agree that Gitleaks LLC and its affiliates may collect and use technical information gathered as part of the product support services. Gitleaks LLC may use this information solely to improve products and services and will not disclose this information in a form that personally identifies you.
10.2 Verification. Gitleaks LLC or a certified auditor acting on our behalf, may, upon our reasonable request and at our expense, audit you with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to your place of business. Any such in-person audit shall be conducted during regular business hours at your facilities and shall not unreasonably interfere with your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that you are using the Software in a way that is in material violation of the terms of the EULA, then you shall pay our reasonable costs of conducting the audit. In the case of a material violation, you agree to pay us any amounts owing that are attributable to the unauthorized use. In the alternative, we reserve the right, at our sole option, to terminate the licenses for the Software.
10.3 Government End Users. If the Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software". All other terms and conditions of this Agreement apply.
11. Third Party Software. Examples included in Software may provide links to third party libraries or code (collectively “Third Party Software”) to implement various functions. Third Party Software does not comprise part of the Software. In some cases, access to Third Party Software may be included along with the Software delivery as a convenience for demonstration purposes. Licensee acknowledges:
(1) that some part of Third Party Software may require additional licensing of copyright and patents from the owners of such, and
(2) that distribution of any of the Software referencing or including any portion of a Third Party Software may require appropriate licensing from such third parties.
12. Miscellaneous
12.1 Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral.
12.2 Amendment. Gitleaks LLC reserves the right, in its sole discretion, to amend this Agreement from time. Amendments to this Agreement can be located at: https://gitleaks.io/gitleaks-action/commercial-license.html
12.3 Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Gitleaks LLC and any attempted assignment without such consent shall be void.
12.4 Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software.
12.5 Indemnification. You agree to defend, indemnify, and hold harmless Gitleaks LLC from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement.
12.6 Governing Law. This Agreement is governed by the laws of the State of Illinois and the United States without regard to conflicts of provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. The jurisdiction and venue for actions related to the subject matter hereof shall be the state of Illinois and United States federal courts located in Chicago, Illinois, and both parties hereby submit to the jurisdiction of such courts.
12.7 Attorneys' Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys' fees and costs in connection with such action.
12.8 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
12.9 Waiver. Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.
12.10 Headings. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.
13. Contact Information. If you have any questions about this EULA, or if you want to contact Gitleaks LLC for any reason, please direct correspondence to andrew@gitleaks.io.
# Gitpod Self-Hosted Free License Terms and
# Gitpod Enterprise Source Code License
### 1 Preamble
1.1 These Software Licensing Terms (“Terms”) provide the terms and conditions
that govern usage of the Software Gitpod Self-Hosted Free Edition in source and
binary form (“Software”). The Software is provided by Gitpod GmbH, Am
Germaniahafen 1, 24143 Kiel (“Gitpod”). By downloading or using to the
Software, you agree to be bound by the following Terms.
### 2 Scope of Terms
2.1 These Terms apply to the usage of the Software, which is designed to be used
for business purposes.
2.2 These Terms apply to the binary code and to the source code of the Software,
unless the header of a source file explicitly refers to a different license.
2.3 These Terms apply unless you have a separate agreement with Gitpod in
written form that explicitly supersedes these Terms.
### 3 License Fees
3.1 The use of the Software as described in Sec. 2 is free of charge. It is
however limited to the features that are accessible without a license key and
may only take place in accordance with these Terms.
3.2 In case you want to use additional features or distribute the Software or
modifications to it without the restrictions of these Terms, please reach out
for a license key, which is subject to different legal and commercial terms.
### 4 Granting of Rights
4.1 Permission is hereby granted to obtain a copy of the Software and their
accompanying documentation to use, reproduce and execute the Software for
internal purposes in accordance with these Terms and to distribute the
unmodified software without charging a fee for it.
4.2 Subject to the conditions of these Terms, you may modify the Software,
including patching it. You agree that Gitpod retains all right, title and
interest in and to all such modifications and patches (“Modifications”). You may
only use, reproduce and execute the Modifications for internal purposes in
accordance with these Terms. You may not distribute Modifications to any third
party. Nonetheless, you may make such modifications publicly available as fork
of the repository which hosts the original version of the Software, however only
under these Terms and only, if accompanied by the complete machine-readable
source code of the Modifications and of the Software.
4.3 The copyright notices in the Software and this entire statement, including
the above license grant and these Terms must be included in all copies of the
Software (in whole or in part). Copyright notices, serial numbers and other
features aimed at product identification or control may not be removed, altered,
suppressed or otherwise bypassed under any circumstances. For the avoidance of
doubt, the software may neither in source nor in binary form be modified in
order to enable or activate any features of the software that would otherwise
require a valid license key.
4.4 Any other usage of the Software, in particular modifying, combining it with
other software and providing it to third parties on a commercial basis, is
prohibited. This includes any sale, lease, indirect use of the Software to the
benefit of third parties and its provision as a commercial service, or offering
it as a part of a commercial service or platform.
4.5 The Software remains the exclusive intellectual property of Gitpod at all
times. Mandatory rights resulting from applicable copyright law (e.g. related to
decompilation) remain unaffected.
4.6 Gitpod provides the source code of the Software on a voluntary basis and is
not obligated to do so. Furthermore, Gitpod is not obligated to provide any
updates or upgrades it may develop.
4.7 Please consider purchasing a license key (see above Sec. 3) for further
usage rights and additional features.
### 5 Telemetry
5.1 Gitpod intends to collect certain statistical data on the use of the
Software on an anonymized basis in the future with a future version of the
Software. The data will only be used to improve the Software and the data will
not be sold to third parties. Gitpod will inform about this with the future
release.
### 6 Warranty and Liability
6.1 THE SOFTWARE IS PROVIDED FREE OF CHARGE ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
6.2 IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE
BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF
OR OTHER DEALINGS IN THE SOFTWARE.
6.3 THIS LIMITATION OF LIABILITY DOES NOT EXCLUDE MANDATORY LEGAL GROUNDS FOR
LIABILITY SUCH AS LIABILITY FOR PERSONAL INJURY, GROSS NEGLIGENCE, WILLFUL
INTENT OR LAWS ON PRODUCT LIABILITY.
### 7 Third-party Components
7.1 The Software contains third-party components including open source software
(“Third-Party Components“). Parts of such Third-Party Components are subject to
deviating license terms (“Third-Party License Terms“). A list of such
Third-Party Components and its respective Third-Party License Terms are
available via the files License.third-party.npm.txt and
License.third-party.go.txt. No stipulation in these Terms is intended to impose
further restrictions on your use of such Third-Party Components licensed under
Third-Party License Terms.
7.2 Gitpod reserves the right to introduce deviating or additional Third-Party
License Terms in the course of modifications of the Software and in case of
updates for the Software to the extent necessary due to additional Third-Party
Components or due to changed Third-Party License Terms.
GL2PS LICENSE Version 2, November 2003
Copyright (C) 2003, Christophe Geuzaine
Permission to use, copy, and distribute this software and its documentation
for any purpose with or without fee is hereby granted, provided that the
copyright notice appear in all copies and that both that copyright notice and
his permission notice appear in supporting documentation.
Permission to modify and distribute modified versions of this software is
granted, provided that:
1) the modifications are licensed under the same terms as this software;
2) you make available the source code of any modifications that you distribute,
either on the same media as you distribute any executable or other form of this
software, or via a mechanism generally accepted in the software development
community for the electronic transfer of data.
This software is provided "as is" without express or implied warranty.
Code Use
I am happy for this code to be used without payment provided that I don't carry
any risks as a result.
I would appreciate an appropriate acknowledgement of the source of the code if
you do use it in a product or activity provided to third parties. I would also be
grateful for feedback on how the code is being used, any problems you
encounter, any changes or additions that are desirable for particular processors
and any more general improvements you would like to see (no promises mind!).
3DFX GLIDE Source Code General Public License
1. PREAMBLE
This license is for software that provides a 3D graphics application
program interface (API).The license is intended to offer terms similar
to some standard General Public Licenses designed to foster open
standards and unrestricted accessibility to source code. Some of these
licenses require that, as a condition of the license of the software,
any derivative works (that is, new software which is a work containing
the original program or a portion of it) must be available for general
use, without restriction other than for a minor transfer fee, and that
the source code for such derivative works must likewise be made
available. The only restriction is that such derivative works must be
subject to the same General Public License terms as the original work.
This 3dfx GLIDE Source Code General Public License differs from the
standard licenses of this type in that it does not require the entire
derivative work to be made available under the terms of this license
nor is the recipient required to make available the source code for
the entire derivative work. Rather, the license is limited to only the
identifiable portion of the derivative work that is derived from the
licensed software. The precise terms and conditions for copying,
distribution and modification follow.
2. DEFINITIONS
2.1 This License applies to any program (or other "work") which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this 3dfx GLIDE Source Code General
Public License.
2.2 The term "Program" as used in this Agreement refers to 3DFX's
GLIDE source code and object code and any Derivative Work.
2.3 "Derivative Work" means, for the purpose of the License, that
portion of any work that contains the Program or the identifiable
portion of a work that is derived from the Program, either verbatim or
with modifications and/or translated into another language, and that
performs 3D graphics API operations. It does not include any other
portions of a work.
2.4 "Modifications of the Program" means any work, which includes a
Derivative Work, and includes the whole of such work.
2.5 "License" means this 3dfx GLIDE Source Code General Public License.
2.6 The "Source Code" for a work means the preferred form of the work
for making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, any
associated interface definition files, and the scripts used to control
compilation and installation of the executable work.
2.7 "3dfx" means 3dfx Interactive, Inc.
3. LICENSED ACTIVITIES
3.1 COPYING - You may copy and distribute verbatim copies of the
Program's Source Code as you receive it, in any medium, subject to the
provision of section 3.3 and provided also that:
(a) you conspicuously and appropriately publish on each copy
an appropriate copyright notice (3dfx Interactive, Inc. 1999), a notice
that recipients who wish to copy, distribute or modify the Program can
only do so subject to this License, and a disclaimer of warranty as
set forth in section 5;
(b) keep intact all the notices that refer to this License and
to the absence of any warranty; and
(c) do not make any use of the GLIDE trademark without the prior
written permission of 3dfx, and
(d) give all recipients of the Program a copy of this License
along with the Program or instructions on how to easily receive a copy
of this License.
3.2 MODIFICATION OF THE PROGRAM/DERIVATIVE WORKS - You may modify your
copy or copies of the Program or any portion of it, and copy and
distribute such modifications subject to the provisions of section 3.3
and provided that you also meet all of the following conditions:
(a) you conspicuously and appropriately publish on each copy
of a Derivative Work an appropriate copyright notice, a notice that
recipients who wish to copy, distribute or modify the Derivative Work
can only do so subject to this License, and a disclaimer of warranty
as set forth in section 5;
(b) keep intact all the notices that refer to this License and
to the absence of any warranty; and
(c) give all recipients of the Derivative Work a copy of this
License along with the Derivative Work or instructions on how to easily
receive a copy of this License.
(d) You must cause the modified files of the Derivative Work
to carry prominent notices stating that you changed the files and the
date of any change.
(e) You must cause any Derivative Work that you distribute or
publish to be licensed at no charge to all third parties under the
terms of this License.
(f) You do not make any use of the GLIDE trademark without the
prior written permission of 3dfx.
(g) If the Derivative Work normally reads commands
interactively when run, you must cause it, when started running for
such interactive use, to print or display an announcement as follows:
"COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED THIS
SOFTWARE IS FREE AND PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. THERE IS NO RIGHT TO USE THE GLIDE
TRADEMARK WITHOUT PRIOR WRITTEN PERMISSION OF 3DFX INTERACTIVE,
INC. SEE THE 3DFX GLIDE GENERAL PUBLIC LICENSE FOR A FULL TEXT OF THE
DISTRIBUTION AND NON-WARRANTY PROVISIONS (REQUEST COPY FROM
INFO@3DFX.COM)."
(h) The requirements of this section 3.2 do not apply to the
modified work as a whole but only to the Derivative Work. It is not
the intent of this License to claim rights or contest your rights to
work written entirely by you; rather, the intent is to exercise the
right to control the distribution of Derivative Works.
3.3 DISTRIBUTION
(a) All copies of the Program or Derivative Works which are
distributed must include in the file headers the following language
verbatim:
"THIS SOFTWARE IS SUBJECT TO COPYRIGHT PROTECTION AND IS OFFERED
ONLY PURSUANT TO THE 3DFX GLIDE GENERAL PUBLIC LICENSE. THERE IS NO
RIGHT TO USE THE GLIDE TRADEMARK WITHOUT PRIOR WRITTEN PERMISSION OF
3DFX INTERACTIVE, INC. A COPY OF THIS LICENSE MAY BE OBTAINED FROM
THE DISTRIBUTOR OR BY CONTACTING 3DFX INTERACTIVE INC (info@3dfx.com).
THIS PROGRAM. IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. SEE THE 3DFX GLIDE GENERAL PUBLIC LICENSE FOR A
FULL TEXT OF THE NON-WARRANTY PROVISIONS.
USE, DUPLICATION OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO
RESTRICTIONS AS SET FORTH IN SUBDIVISION (C)(1)(II) OF THE RIGHTS
IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-7013,
AND/OR IN SIMILAR OR SUCCESSOR CLAUSES IN THE FAR, DOD OR NASA FAR
SUPPLEMENT. UNPUBLISHED RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF
THE UNITED STATES.
COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED"
(b) You may distribute the Program or a Derivative Work in
object code or executable form under the terms of Sections 3.1 and 3.2
provided that you also do one of the following:
(1) Accompany it with the complete corresponding
machine-readable source code, which must be distributed under the
terms of Sections 3.1 and 3.2; or,
(2) Accompany it with a written offer, valid for at
least three years, to give any third party, for a charge no more than
your cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 3.1 and 3.2 on a medium
customarily used for software interchange; or,
(3) Accompany it with the information you received as
to the offer to distribute corresponding source code. (This alternative
is allowed only for noncommercial distribution and only if you received
the program in object code or executable form with such an offer, in
accord with Subsection 3.3(b)(2) above.)
(c) The source code distributed need not include anything
that is normally distributed (in either source or binary form) with
the major components (compiler, kernel, and so on) of the operating
system on which the executable runs, unless that component itself
accompanies the executable code.
(d) If distribution of executable code or object code is made
by offering access to copy from a designated place, then offering
equivalent access to copy the source code from the same place counts
as distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
(e) Each time you redistribute the Program or any Derivative
Work, the recipient automatically receives a license from 3dfx and
successor licensors to copy, distribute or modify the Program and
Derivative Works subject to the terms and conditions of the License.
You may not impose any further restrictions on the recipients'
exercise of the rights granted herein. You are not responsible for
enforcing compliance by third parties to this License.
(f) You may not make any use of the GLIDE trademark without
the prior written permission of 3dfx.
(g) You may not copy, modify, sublicense, or distribute the
Program or any Derivative Works except as expressly provided under
this License. Any attempt otherwise to copy, modify, sublicense or
distribute the Program or any Derivative Works is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
4. MISCELLANEOUS
4.1 Acceptance of this License is voluntary. By using, modifying or
distributing the Program or any Derivative Work, you indicate your
acceptance of this License to do so, and all its terms and conditions
for copying, distributing or modifying the Program or works based on
it. Nothing else grants you permission to modify or distribute the
Program or Derivative Works and doing so without acceptance of this
License is in violation of the U.S. and international copyright laws.
4.2 If the distribution and/or use of the Program or Derivative Works
is restricted in certain countries either by patents or by copyrighted
interfaces, the original copyright holder who places the Program under
this License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License
incorporates the limitation as if written in the body of this License.
4.3 This License is to be construed according to the laws of the
State of California and you consent to personal jurisdiction in the
State of California in the event it is necessary to enforce the
provisions of this License.
5. NO WARRANTIES
5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY
FOR THE PROGRAM. OR DERIVATIVE WORKS THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM AND ANY DERIVATIVE WORKS"AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PROGRAM AND ANY DERIVATIVE WORK IS WITH YOU.
SHOULD THE PROGRAM OR ANY DERIVATIVE WORK PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL 3DFX
INTERACTIVE, INC., OR ANY OTHER COPYRIGHT HOLDER, OR ANY OTHER PARTY
WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM OR DERIVATIVE WORKS AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM OR DERIVATIVE WORKS (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM OR
DERIVATIVE WORKS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
You may copy and distribute it freely, by any means and under any conditions,
as long as the code and documentation is not changed. You may also incorporate
this code into your own program and distribute that, or modify this code and
use and distribute the modified version, as long as you retain a notice in your
program or documentation which mentions my name and the URL shown above.
This program is freely distributable without licensing fees and is
provided without guarantee or warrantee expressed or implied. This
program is -not- in the public domain.
GLWT(Good Luck With That) Public License
Copyright (c) Everyone, except Author
Everyone is permitted to copy, distribute, modify, merge, sell, publish,
sublicense or whatever they want with this software but at their OWN RISK.
Preamble
The author has absolutely no clue what the code in this project does.
It might just work or not, there is no third option.
GOOD LUCK WITH THAT PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION
0. You just DO WHATEVER YOU WANT TO as long as you NEVER LEAVE A
TRACE TO TRACK THE AUTHOR of the original product to blame for or hold
responsible.
IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
Good luck and Godspeed.
The copyright holders of Gmsh give you permission to combine Gmsh
with code included in the standard release of Netgen (from Joachim
Sch"oberl), METIS (from George Karypis at the University of
Minnesota), OpenCASCADE (from Open CASCADE S.A.S) and ParaView
(from Kitware, Inc.) under their respective licenses. You may copy
and distribute such a system following the terms of the GNU GPL for
Gmsh and the licenses of the other code concerned, provided that
you include the source code of that other code when and as the GNU
GPL requires distribution of source code.
Note that people who make modified versions of Gmsh are not
obligated to grant this special exception for their modified
versions; it is their choice whether to do so. The GNU General
Public License gives permission to release a modified version
without this exception; this exception also makes it possible to
release a modified version which carries forward this exception.
As a special exception, the copyright holders give you permission to copy, modify, and distribute the example code contained in this document under the terms of your choosing, without restriction.
GNU EMACS GENERAL PUBLIC LICENSE
Everyone is permitted to copy and distribute verbatim copies
of this license, but changing it is not allowed.
The license agreements of most software companies keep you at the
mercy of those companies. By contrast, our general public license is
intended to give everyone the right to share GNU Emacs. To make
sure that you get the rights we want you to have, we need to make
restrictions that forbid anyone to deny you these rights or to ask you
to surrender the rights. Hence this license agreement.
Specifically, we want to make sure that you have the right to give
away copies of Emacs, that you receive source code or else can get it
if you want it, that you can change Emacs or use pieces of it in new
free programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to
deprive anyone else of these rights. For example, if you distribute
copies of Emacs, you must give the recipients all the rights that you
have. You must make sure that they, too, receive or can get the
source code. And you must tell them their rights.
Also, for our own protection, we must make certain that everyone
finds out that there is no warranty for GNU Emacs. If Emacs is
modified by someone else and passed on, we want its recipients to know
that what they have is not what we distributed, so that any problems
introduced by others will not reflect on our reputation.
Therefore we (Richard Stallman and the Free Software Fundation,
Inc.) make the following terms which say what you must do to be
allowed to distribute or change GNU Emacs.
COPYING POLICIES
1. You may copy and distribute verbatim copies of GNU Emacs source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each file a valid copyright notice such
as "Copyright (C) 1985 Richard M. Stallman", containing the year of
last change and name of copyright holder for the file in question;
keep intact the notices on all files that refer to this License
Agreement and to the absence of any warranty; and give any other
recipients of the GNU Emacs program a copy of this License Agreement
along with the program.
2. You may modify your copy or copies of GNU Emacs source code or
any portion of it, and copy and distribute such modifications under
the terms of Paragraph 1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating
who last changed such files and the date of any change; and
b) cause the whole of any work that you distribute or publish,
that in whole or in part contains or is a derivative of GNU Emacs
or any part thereof, to be freely distributed
and licensed to all third parties on terms identical to those
contained in this License Agreement (except that you may choose
to grant more extensive warranty protection to third parties,
at your option).
c) if the modified program serves as a text editor, cause it
when started running in the simplest and usual way, to print
an announcement including a valid copyright notice ("Copyright
(C)", the year of authorship, and all copyright owners' names),
saying that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of
this License Agreement.
3. You may copy and distribute GNU Emacs or any portion of it in
compiled, executable or object code form under the terms of Paragraphs
1 and 2 above provided that you do the following:
a) cause each such copy of GNU Emacs to be accompanied by the
corresponding machine-readable source code; or
b) cause each such copy of GNU Emacs to be accompanied by a
written offer, with no time limit, to give any third party
free (except for a nominal shipping charge) machine readable
copy of the corresponding source code; or
c) in the case of a recipient of GNU Emacs in compiled, executable
or object code form (without the corresponding source code) you
shall cause copies you distribute to be accompanied by a copy
of the written offer of source code which you received along
with the copy of GNU Emacs.
4. You may not copy, sublicense, distribute or transfer GNU Emacs
except as expressly provided under this License Agreement. Any attempt
otherwise to copy, sublicense, distribute or transfer GNU Emacs is void and
your rights to use GNU Emacs under this License agreement shall be
automatically terminated. However, parties who have received computer
software programs from you with this License Agreement will not have
their licenses terminated so long as such parties remain in full compliance.
Your comments and suggestions about our licensing policies and our
software are welcome! Please contact the Free Software Foundation, Inc.,
1000 Mass Ave, Cambridge, MA 02138, or call (617) 876-3296.
NO WARRANTY
BECAUSE GNU EMACS IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY
NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING, FREE SOFTWARE FOUNDATION, INC,
RICHARD M. STALLMAN AND/OR OTHER PARTIES PROVIDE GNU EMACS "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE GNU EMACS
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL FREE SOFTWARE
FOUNDATION, INC., RICHARD M. STALLMAN, AND/OR ANY OTHER PARTY WHO MAY
MODIFY AND REDISTRIBUTE GNU EMACS AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES, OR OTHER
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA
BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH PROGRAMS NOT DISTRIBUTED BY
FREE SOFTWARE FOUNDATION, INC.) THE PROGRAM, EVEN IF YOU HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY.
GNU EMACS GENERAL PUBLIC LICENSE
(Clarified 11 Feb 1988)
Copyright (C) 1985, 1987, 1988 Richard M. Stallman
Everyone is permitted to copy and distribute verbatim copies
of this license, but changing it is not allowed. You can also
use this wording to make the terms for other programs.
The license agreements of most software companies keep you at the
mercy of those companies. By contrast, our general public license is
intended to give everyone the right to share GNU Emacs. To make
sure that you get the rights we want you to have, we need to make
restrictions that forbid anyone to deny you these rights or to ask you
to surrender the rights. Hence this license agreement.
Specifically, we want to make sure that you have the right to give
away copies of Emacs, that you receive source code or else can get it
if you want it, that you can change Emacs or use pieces of it in new
free programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to
deprive anyone else of these rights. For example, if you distribute
copies of Emacs, you must give the recipients all the rights that you
have. You must make sure that they, too, receive or can get the
source code. And you must tell them their rights.
Also, for our own protection, we must make certain that everyone
finds out that there is no warranty for GNU Emacs. If Emacs is
modified by someone else and passed on, we want its recipients to know
that what they have is not what we distributed, so that any problems
introduced by others will not reflect on our reputation.
Therefore we (Richard Stallman and the Free Software Fundation,
Inc.) make the following terms which say what you must do to be
allowed to distribute or change GNU Emacs.
COPYING POLICIES
1. You may copy and distribute verbatim copies of GNU Emacs source code
as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy a valid copyright notice "Copyright
(C) 1988 Free Software Foundation, Inc." (or with whatever year is
appropriate); keep intact the notices on all files that refer to this
License Agreement and to the absence of any warranty; and give any
other recipients of the GNU Emacs program a copy of this License
Agreement along with the program. You may charge a distribution fee
for the physical act of transferring a copy.
2. You may modify your copy or copies of GNU Emacs source code or
any portion of it, and copy and distribute such modifications under
the terms of Paragraph 1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating
that you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish,
that in whole or in part contains or is a derivative of GNU Emacs
or any part thereof, to be licensed at no charge to all third
parties on terms identical to those contained in this License
Agreement (except that you may choose to grant more extensive
warranty protection to some or all third parties, at your option).
c) if the modified program serves as a text editor, cause it when
started running in the simplest and usual way, to print an
announcement including a valid copyright notice "Copyright (C)
1988 Free Software Foundation, Inc." (or with the year that is
appropriate), saying that there is no warranty (or else, saying
that you provide a warranty) and that users may redistribute the
program under these conditions, and telling the user how to view a
copy of this License Agreement.
d) You may charge a distribution fee for the physical act of
transferring a copy, and you may at your option offer warranty
protection in exchange for a fee.
Mere aggregation of another unrelated program with this program (or its
derivative) on a volume of a storage or distribution medium does not bring
the other program under the scope of these terms.
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License Agreement
THIS LICENSE ALLOWS ONLY THE LIMITED USE OF GO AHEAD SOFTWARE,
INC. PROPRIETARY CODE. PLEASE CAREFULLY READ THIS AGREEMENT AS IT
PERTAINS TO THIS LICENSE, YOU CERTIFY THAT YOU WILL USE THE SOFTWARE
ONLY IN THE MANNER PERMITTED HEREIN.
1. Definitions.
1.1 "Documentation" means any documentation GoAhead includes with the
Original Code.
1.2 "GoAhead" means Go Ahead Software, Inc.
1.3 "Intellectual Property Rights" means all rights, whether now existing
or hereinafter acquired, in and to trade secrets, patents, copyrights,
trademarks, know-how, as well as moral rights and similar rights of any
type under the laws of any governmental authority, domestic or foreign,
including rights in and to all applications and registrations relating
to any of the foregoing.
1.4 "License" or "Agreement" means this document.
1.5 "Modifications" means any addition to or deletion from the substance
or structure of either the Original Code or any previous Modifications.
1.6 "Original Code" means the Source Code to GoAhead’s proprietary
computer software entitled GoAhead WebServer.
1.7 "Response Header" means the first portion of the response message
output by the GoAhead WebServer, containing but not limited to, header
fields for date, content-type, server identification and cache control.
1.8 "Server Identification Field" means the field in the Response Header
which contains the text "Server: GoAhead-Webs".
1.9 "You" means an individual or a legal entity exercising rights under,
and complying with all of the terms of, this license or a future version
of this license. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of fifty percent (50%) or
more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 Limited Source Code Grant.
GoAhead hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, to use,
reproduce, modify, copy and distribute the Original Code.
2.2 Binary Code.
GoAhead hereby grants You a world-wide, royalty-free, non-exclusive
license to copy and distribute the binary code versions of the Original
Code together with Your Modifications.
2.3 License Back to GoAhead.
You hereby grant in both source code and binary code to GoAhead a
world-wide, royalty-free, non-exclusive license to copy, modify, display,
use and sublicense any Modifications You make that are distributed or
planned for distribution. Within 30 days of either such event, You
agree to ship to GoAhead a file containing the Modifications (in a media
to be determined by the parties), including any programmers’ notes and
other programmers’ materials. Additionally, You will provide to GoAhead
a complete description of the product, the product code or model number,
the date on which the product is initially shipped, and a contact name,
phone number and e-mail address for future correspondence. GoAhead will
keep confidential all data specifically marked as such.
2.4 Restrictions on Use.
You may sublicense Modifications to third parties such as subcontractors
or OEM's provided that You enter into license agreements with such third
parties that bind such third parties to all the obligations under this
Agreement applicable to you and that are otherwise substantially similar
in scope and application to this Agreement.
3. Term.
This Agreement and license are effective from the time You accept the
terms of this Agreement until this Agreement is terminated. You may
terminate this Agreement at any time by uninstalling or destroying
all copies of the Original Code including any and all binary versions
and removing any Modifications to the Original Code existing in any
products. This Agreement will terminate immediately and without further
notice if You fail to comply with any provision of this Agreement. All
restrictions on use, and all other provisions that may reasonably
be interpreted to survive termination of this Agreement, will survive
termination of this Agreement for any reason. Upon termination, You agree
to uninstall or destroy all copies of the Original Code, Modifications,
and Documentation.
4. Trademarks and Brand.
4.1 License and Use.
GoAhead hereby grants to You a limited world-wide, royalty-free,
non-exclusive license to use the GoAhead trade names, trademarks, logos,
service marks and product designations posted in Exhibit A (collectively,
the "GoAhead Marks") in connection with the activities by You under this
Agreement. Additionally, GoAhead grants You a license under the terms
above to such GoAhead trademarks as shall be identified at a URL (the
"URL") provided by GoAhead. The use by You of GoAhead Marks shall be in
accordance with GoAhead’s trademark policies regarding trademark usage
as established at the web site designated by the URL, or as otherwise
communicated to You by GoAhead at its sole discretion. You understand and
agree that any use of GoAhead Marks in connection with this Agreement
shall not create any right, title or interest in or to such GoAhead
Marks and that all such use and goodwill associated with GoAhead Marks
will inure to the benefit of GoAhead.
4.2 Promotion by You of GoAhead WebServer Mark.
In consideration for the licenses granted by GoAhead to You herein, You
agree to notify GoAhead when You incorporate the GoAhead WebServer in
Your product and to inform GoAhead when such product begins to ship. You
agree to promote the Original Code by prominently and visibly displaying
a graphic of the GoAhead WebServer mark on the initial web page of Your
product that is displayed each time a user connects to it. You also agree
that GoAhead may identify your company as a user of the GoAhead WebServer
in conjunction with its own marketing efforts. You may further promote
the Original Code by displaying the GoAhead WebServer mark in marketing
and promotional materials such as the home page of your web site or web
pages promoting the product.
4.3 Placement of Copyright Notice by You.
You agree to include copies of the following notice (the "Notice")
regarding proprietary rights in all copies of the products that You
distribute, as follows: (i) embedded in the object code; and (ii) on
the title pages of all documentation. Furthermore, You agree to use
commercially reasonable efforts to cause any licensees of your products
to embed the Notice in object code and on the title pages or relevant
documentation. The Notice is as follows: Copyright (c) 20xx GoAhead
Software, Inc. All Rights Reserved. Unless GoAhead otherwise instructs,
the year 20xx is to be replaced with the year during which the release of
the Original Code containing the notice is issued by GoAhead. If this year
is not supplied with Documentation, GoAhead will supply it upon request.
4.4 No Modifications to Server Identification Field.
You agree not to remove or modify the Server identification Field
contained in the Response Header as defined in Section 1.6 and 1.7.
5. Warranty Disclaimers.
THE ORIGINAL CODE, THE DOCUMENTATION AND THE MEDIA UPON WHICH THE ORIGINAL
CODE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
The entire risk as to the quality and performance of the Original Code
(including any Modifications You make) and the Documentation is with
You. Should the Original Code or the Documentation prove defective,
You (and not GoAhead or its distributors, licensors or dealers) assume
the entire cost of all necessary servicing or repair. GoAhead does not
warrant that the functions contained in the Original Code will meet your
requirements or operate in the combination that You may select for use,
that the operation of the Original Code will be uninterrupted or error
free, or that defects in the Original Code will be corrected. No oral
or written statement by GoAhead or by a representative of GoAhead shall
create a warranty or increase the scope of this warranty.
GOAHEAD DOES NOT WARRANT THE ORIGINAL CODE AGAINST INFRINGEMENT OR THE
LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK
OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT
THAT THE ORIGINAL CODE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE
OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE,
ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY
OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall
terminate ninety (90) days from the date You received the Original Code.
6. Limitation of Liability.
YOUR SOLE REMEDIES AND GOAHEAD'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN
NO EVENT WILL GOAHEAD OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM
THE USE OF THE ORIGINAL CODE, THE INABILITY TO USE THE ORIGINAL CODE,
OR ANY DEFECT IN THE ORIGINAL CODE, INCLUDING ANY LOST PROFITS, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that GoAhead and its distributors and dealers will not be
LIABLE for defense or indemnity with respect to any claim against You
by any third party arising from your possession or use of the Original
Code or the Documentation.
In no event will GoAhead’s total liability to You for all damages, losses,
and causes of action (whether in contract, tort, including negligence,
or otherwise) exceed the amount You paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. Indemnification by You.
You agree to indemnify and hold GoAhead harmless against any and all
claims, losses, damages and costs (including legal expenses and reasonable
counsel fees) arising out of any claim of a third party with respect to
the contents of the Your products, and any intellectual property rights
or other rights or interests related thereto.
8. High Risk Activities.
The Original Code is not fault-tolerant and is not designed , manufactured
or intended for use or resale as online control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines or weapons systems,
in which the failure of the Original Code could lead directly to death,
personal injury, or severe physical or environmental damage. GoAhead and
its suppliers specifically disclaim any express or implied warranty of
fitness for any high risk uses listed above.
9. Government Restricted Rights.
For units of the Department of Defense, use, duplication, or disclosure
by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013. Contractor/manufacturer is GoAhead Software,
Inc., 10900 N.E. 8th Street, Suite 750, Bellevue, Washington 98004.
If the Commercial Computer Software Restricted rights clause at FAR
52.227-19 or its successors apply, the Software and Documentation
constitute restricted computer software as defined in that clause and
the Government shall not have the license for published software set
forth in subparagraph (c)(3) of that clause.
The Original Code (i) was developed at private expense, and no part of it
was developed with governmental funds; (ii) is a trade secret of GoAhead
(or its licensor(s)) for all purposes of the Freedom of Information Act;
(iii) is "restricted computer software" subject to limited utilization as
provided in the contract between the vendor and the governmental entity;
and (iv) in all respects is proprietary data belonging solely to GoAhead
(or its licensor(s)).
10. Governing Law and Interpretation.
This Agreement shall be interpreted under and governed by the laws of the
State of Washington, without regard to its rules governing the conflict of
laws. If any provision of this Agreement is held illegal or unenforceable
by a court or tribunal of competent jurisdiction, the remaining provisions
of this Agreement shall remain in effect and the invalid provision deemed
modified to the least degree necessary to remedy such invalidity.
11. Entire Agreement.
This Agreement is the complete agreement between GoAhead and You and
supersedes all prior agreements, oral or written, with respect to the
subject matter hereof.
If You have any questions concerning this Agreement, You may write to
GoAhead Software, Inc., 10900 N.E. 8th Street, Suite 750, Bellevue,
Washington 98004 or send e-mail to info@goahead.com.
BY CLICKING ON THE "Register" BUTTON ON THE REGISTRATION FORM, YOU
ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS LICENSE OR
YOU DO NOT QUALIFY FOR A LICENSE BASED ON THE TERMS SET FORTH ABOVE,
YOU MUST NOT CLICK THE "Register" BUTTON.
Exhibit A
GoAhead Trademarks, Logos, and Product Designation Information
01/28/00
Please do whatever your mom would approve of:
##Permitted Use
Download in any format
Change
Fork
##Prohibited Use
No tattoos
No touching with unwashed hands
No exchanging for drugs.
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"Visitors" means visitors to Your Properties.
The words "include" and "including" mean "including but not limited to."
2. Fees and Service.
Subject to Section 15, the Service is provided without charge to You for up to
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in the Service for purposes other than generating, viewing, and downloading
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You will not (and will not allow any third party to) use the Service to track,
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displaying a prominent link to the site "How Google uses data when you use our
partners' sites or apps", (located at www.google.com/policies/privacy/partners/,
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commercially reasonable efforts to ensure that a Visitor is provided with clear
and comprehensive information about, and consents to, the storing and accessing
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You may participate in an integrated version of Google Analytics and certain
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support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409)
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To the extent permitted by applicable law, You will indemnify, hold harmless and
defend Google and its wholly owned subsidiaries, at Your expense, from any and
all third-party claims, actions, proceedings, and suits brought against Google
or any of its officers, directors, employees, agents or affiliates, and all
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of any Third Party pertaining directly or indirectly to Your use of the Service,
the Software or Reports; (vi) violations of Your obligations of privacy to any
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Party in connection with the Service, the Software or Reports. Google will
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restriction, including, Google's (and its wholly owned subsidiaries') right to
sole ownership of the Software and Documentation. Without limiting the
generality of the foregoing, You agree not to (and not to allow any third party
to): (a) sublicense, distribute, or use the Service or Software outside of the
scope of the license granted in this Agreement; (b) copy, modify, adapt,
translate, prepare derivative works from, reverse engineer, disassemble, or
decompile the Software or otherwise attempt to discover any source code or trade
secrets related to the Service; (c) rent, lease, sell, assign or otherwise
transfer rights in or to the Software or the Service; (d) use, post, transmit or
introduce any device, software or routine which interferes or attempts to
interfere with the operation of the Service or the Software; (e) use the
trademarks, trade names, service marks, logos, domain names and other
distinctive brand features or any copyright or other proprietary rights
associated with the Service for any purpose without the express written consent
of Google; (f) register, attempt to register, or assist anyone else to register
any trademark, trade name, serve marks, logos, domain names and other
distinctive brand features, copyright or other proprietary rights associated
with Google (or its wholly owned subsidiaries) other than in the name of Google
(or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or
alter any notice of copyright, trademark, or other proprietary right appearing
in or on any item included with the Service; or (h) seek, in a proceeding filed
during the term of this Agreement or for one year after such term, an injunction
of any portion of the Service based on patent infringement.
13. U.S. Government Rights.
If the use of the Service is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at any
tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD)
acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the
Government's rights in the Software, including its rights to use, modify,
reproduce, release, perform, display or disclose the Software or Documentation,
will be subject in all respects to the commercial license rights and
restrictions provided in this Agreement.
14. Term and Termination.
Either party may terminate this Agreement at any time with notice. Upon any
termination of this Agreement, Google will stop providing, and You will stop
accessing the Service; and You will delete all copies of the GATC from all
Properties and certify thereto in writing to Google within 3 business days of
such termination. In the event of any termination (a) You will not be entitled
to any refunds of any usage fees or any other fees, and (b) any outstanding
balance for Service rendered through the date of termination will be immediately
due and payable in full and (c) all of Your historical Report data will no
longer be available to You.
15. Modifications to Terms of Service and Other Policies.
Google may modify these terms or any additional terms that apply to the Service
to, for example, reflect changes to the law or changes to the Service. You
should look at the terms regularly. Google will post notice of modifications to
these terms at www.google.com/analytics, the Google Analytics Policies at
www.google.com/analytics/policies, or other policies referenced in these terms
at the applicable URL for such policies. Changes will not apply retroactively
and will become effective no sooner than 14 days after they are posted. If You
do not agree to the modified terms for the Service, You should discontinue Your
use Google Analytics. No amendment to or modification of this Agreement will be
binding unless (i) in writing and signed by a duly authorized representative of
Google, (ii) You accept updated terms online, or (iii) You continue to use the
Service after Google has posted updates to the Agreement or to any policy
governing the Service.
16. Miscellaneous, Applicable Law and Venue.
Google will be excused from performance in this Agreement to the extent that
performance is prevented, delayed or obstructed by causes beyond its reasonable
control. This Agreement (including any amendment agreed upon by the parties in
writing) represents the complete agreement between You and Google concerning its
subject matter, and supersedes all prior agreements and representations between
the parties. If any provision of this Agreement is held to be unenforceable for
any reason, such provision will be reformed to the extent necessary to make it
enforceable to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this Agreement will continue in full force and
effect. This Agreement will be governed by and construed under the laws of the
state of California without reference to its conflict of law principles. In the
event of any conflicts between foreign law, rules, and regulations, and
California law, rules, and regulations, California law, rules and regulations
will prevail and govern. Each party agrees to submit to the exclusive and
personal jurisdiction of the courts located in Santa Clara County, California.
The United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transactions Act do not apply to this
Agreement. The Software is controlled by U.S. Export Regulations, and it may be
not be exported to or used by embargoed countries or individuals. Any notices to
Google must be sent to: Google Inc., 1600 Amphitheatre Parkway, Mountain View,
CA 94043, USA, with a copy to Legal Department, via first class or air mail or
overnight courier, and are deemed given upon receipt. A waiver of any default is
not a waiver of any subsequent default. You may not assign or otherwise transfer
any of Your rights in this Agreement without Google's prior written consent, and
any such attempt is void. The relationship between Google and You is not one of
a legal partnership relationship, but is one of independent contractors. This
Agreement will be binding upon and inure to the benefit of the respective
successors and assigns of the parties hereto. The following sections of this
Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two
sentences), 7, 8, 9, 10, 11, 12, 14, and 16.
Last Updated: 7/30/2015
Google Analytics Terms of Service
These Google Analytics Terms of Service (this "Agreement") are entered into by Google Inc. ("Google") and the entity executing this Agreement ("You"). This Agreement governs Your use of the standard Google Analytics (the "Service"). BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
1. Definitions.
"Account" refers to the billing account for the Service. All Profiles linked to a single Property will have their Hits aggregated before determining the charge for the Service for that Property.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
"Customer Data" or “Google Analytics Data" means the data you collect, process or store using the Service concerning the characteristics and activities of Visitors.
"Documentation" means any accompanying documentation made available to You by Google for use with the Processing Software, including any documentation available online.
"GATC" means the Google Analytics Tracking Code, which is installed on a Property for the purpose of collecting Customer Data, together with any fixes, updates and upgrades provided to You.
"Hit" means the base unit that the Google Analytics system processes. A Hit may be a call to the Google Analytics system by various libraries, including, Javascript (e.g., analytics.js), Silverlight, Flash, and Mobile. A Hit may currently be a page view, a transaction, item, or event, social interaction, or user timing. Hits may also be delivered to the Google Analytics system without using one of the various libraries by other Google Analytics-supported protocols and mechanisms the Service makes available to You.
"Processing Software" means the Google Analytics server-side software and any upgrades, which analyzes the Customer Data and generates the Reports.
"Profile" means the collection of settings that together determine the information to be included in, or excluded from, a particular Report. For example, a Profile could be established to view a small portion of a web site as a unique Report. There can be multiple Profiles established under a single Property.
"Property" means any web page, app, or other property under Your control that sends data to Google Analytics. Each Property includes a default Profile that measures all pages within the Property.
"Privacy Policy" means the privacy policy on a Property.
"Report" means the resulting analysis shown at www.google.com/analytics/ for a Profile.
"Servers" means the servers controlled by Google (or its wholly owned subsidiaries) on which the Processing Software and Customer Data are stored.
"Software" means the GATC and the Processing Software.
"Third Party" means any third party (i) to which You provide access to Your Account or (ii) for which You use the Service to collect information on the third party's behalf.
"Visitors" means visitors to Your Properties.
The words "include" and "including" mean "including but not limited to."
2. Fees and Service.
Subject to Section 15, the Service is provided without charge to You for up to 10 million Hits per month per account. Google may change its fees and payment policies for the Service from time to time including the addition of costs for geographic data, the importing of cost data from search engines, or other fees charged to Google or its wholly-owned subsidiaries by third party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of those changes which will be posted at www.google.com/analytics/. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement and any collection expenses (including attorneys' fees) incurred by Google will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with Your AdWords account.
3. Member Account, Password, and Security.
To register for the Service, You must complete the registration process by providing Google with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Google immediately upon learning of any unauthorized use of Your Account or any other breach of security. Google's (or its wholly-owned subsidiaries') support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
4. Nonexclusive License.
Subject to the terms and conditions of this Agreement, (a) Google grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the GATC solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and (b) You may remotely access, view and download Your Reports stored at www.google.com/analytics/. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
5. Confidentiality.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
6. Information Rights and Publicity.
Google and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy (located at https://www.google.com/policies/privacy/), information collected in Your use of the Service. Google will not share Your Customer Data or any Third Party's Customer Data with any third parties unless Google (i) has Your consent for any Customer Data or any Third Party's consent for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on Google's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Google's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
7. Privacy.
You will not and will not assist or permit any third party to, pass information to Google that Google could use or recognize as personally identifiable information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from Visitors. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies that are used to collect data. You must disclose the use of Google Analytics, and how it collects and processes data. This can be done by displaying a prominent link to the site “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time). You will use commercially reasonable efforts to ensure that a Visitor is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the Visitor’s device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by law.
You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service.
You may participate in an integrated version of Google Analytics and certain DoubleClick and Google advertising services ("Google Analytics Advertising Features"). If You use Google Analytics Advertising Features, You will adhere to the Google Analytics Advertising Features policy (available at support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409) Your access to and use of any DoubleClick or Google advertising service is subject to the applicable terms between You and Google regarding that service.
If You use the GA 360 Suite Home, Your use of the GA 360 Suite Home is governed by the Google Analytics 360 Suite Home Terms of Services (or as subsequently re-named) available at https://360suite.google.com/terms (or such other URL as Google may provide) as modified from time to time (the “Suite Home Terms”), but subject to Section 2 of the Suite Home Terms, use of the Service will continue to be governed by this Agreement.
8. Indemnification.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Google and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Google or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Google or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. Google will provide You with written notice of any claim, suit or action from which You must indemnify Google. You will cooperate as fully as reasonably required in the defense of any claim. Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
9. Third Parties.
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Google to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) Google may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.
10. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).
12. Proprietary Rights Notice.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Google (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Google and its licensors without restriction, including, Google's (and its wholly owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Google; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Google (or its wholly owned subsidiaries) other than in the name of Google (or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
13. U.S. Government Rights.
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
14. Term and Termination.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Google will stop providing, and You will stop accessing the Service; and You will delete all copies of the GATC from all Properties and certify thereto in writing to Google within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and (c) all of Your historical Report data will no longer be available to You.
15. Modifications to Terms of Service and Other Policies.
Google may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Google will post notice of modifications to these terms at www.google.com/analytics/, the Google Analytics Policies at www.google.com/analytics/policies/, or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use Google Analytics. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Google, (ii) You accept updated terms online, or (iii) You continue to use the Service after Google has posted updates to the Agreement or to any policy governing the Service.
16. Miscellaneous, Applicable Law and Venue.
Google will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Google concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Google must be sent to: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without Google's prior written consent, and any such attempt is void. The relationship between Google and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7, 8, 9, 10, 11, 12, 14, and 16.
Last Updated 5/24/2016
Google Analytics Terms of Service
These Google Analytics Terms of Service (this "Agreement") are entered into by Google LLC ("Google") and the entity executing this Agreement ("You"). This Agreement governs Your use of the standard Google Analytics (the "Service"). BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
1. Definitions.
"Account" refers to the account for the Service. All Profiles (as applicable) linked to a single Property will have their Hits aggregated before determining the charge for the Service for that Property.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
"Customer Data" or "Google Analytics Data" means the data you collect, process or store using the Service concerning the characteristics and activities of Users.
"Documentation" means any accompanying documentation made available to You by Google for use with the Processing Software, including any documentation available online.
"GAMC" means the Google Analytics Measurement Code, which is installed on a Property for the purpose of collecting Customer Data, together with any fixes, updates and upgrades provided to You.
"Hit" means a collection of interactions that results in data being sent to the Service and processed. Examples of Hits may include page view hits and ecommerce hits. A Hit can be a call to the Service by various libraries, but does not have to be so (e.g., a Hit can be delivered to the Service by other Google Analytics-supported protocols and mechanisms made available by the Service to You).
"Platform Home" means the user interface through which You can access certain Google Marketing Platform-level functionality.
"Processing Software" means the Google Analytics server-side software and any upgrades, which analyzes the Customer Data and generates the Reports.
"Profile" means the collection of settings that together determine the information to be included in, or excluded from, a particular Report. For example, a Profile could be established to view a small portion of a web site as a unique Report.
"Property" means any web page, application, other property or resource under Your control that sends data to Google Analytics.
"Privacy Policy" means the privacy policy on a Property.
"Report" means the resulting analysis shown at www.google.com/analytics/, some of which may include analysis for a Profile.
"Servers" means the servers controlled by Google (or its wholly-owned subsidiaries) on which the Processing Software and Customer Data are stored.
“SDKs” mean certain software development kits, which may be used or incorporated into a Property app for the purpose of collecting Customer Data, together with any fixes, updates, and upgrades provided to You.
"Software" means the Processing Software, GAMC and/or SDKs.
"Third Party" means any third party (i) to which You provide access to Your Account or (ii) for which You use the Service to collect information on the third party's behalf.
"Users" means users and/or visitors to Your Properties.
The words "include" and "including" mean "including but not limited to."
2. Fees and Service.
Subject to Section 15, the Service is provided without charge to You for up to 10 million Hits per month per Account. Google may change its fees and payment policies for the Service from time to time including the addition of costs for geographic data, the importing of cost data from search engines, or other fees charged to Google or its wholly-owned subsidiaries by third party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of those changes which will be posted at www.google.com/analytics/. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement and any collection expenses (including attorneys' fees) incurred by Google will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with Your AdWords account.
3. Member Account, Password, and Security.
To register for the Service, You must complete the registration process by providing Google with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Google immediately upon learning of any unauthorized use of Your Account or any other breach of security. Google's (or its wholly-owned subsidiaries) support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
4. Nonexclusive License.
Subject to the terms and conditions of this Agreement, (a) Google grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the GAMC and/or SDKs solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and (b) You may remotely access, view and download Your Reports stored at www.google.com/analytics/. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
5. Confidentiality and Beta Features.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Certain Service features are identified as "Alpha," "Beta," "Experiment," (either within the Service or elsewhere by Google) or as otherwise unsupported or confidential (collectively, "Beta Features"). You may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. Google will have no liability arising out of or related to any Beta Features.
6. Information Rights and Publicity.
Google and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy (located at https://www.google.com/policies/privacy/), information collected in Your use of the Service. Google will not share Your Customer Data or any Third Party's Customer Data with any third parties unless Google (i) has Your consent for any Customer Data or any Third Party's consent for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on Google's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Google's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
7. Privacy.
You will not and will not assist or permit any third party to, pass information to Google that Google could use or recognize as personally identifiable information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from Users. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies, identifiers for mobile devices (e.g., Android Advertising Identifier or Advertising Identifier for iOS) or similar technology used to collect data. You must disclose the use of Google Analytics, and how it collects and processes data. This can be done by displaying a prominent link to the site "How Google uses data when you use our partners' sites or apps", (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time). You will use commercially reasonable efforts to ensure that a User is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the User’s device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by law.
You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service. You will comply with all applicable Google Analytics policies located at www.google.com/analytics/policies/ (or such other URL as Google may provide) as modified from time to time (the "Google Analytics Policies").
You may participate in an integrated version of Google Analytics and certain Google advertising services ("Google Analytics Advertising Features"). If You use Google Analytics Advertising Features, You will adhere to the Google Analytics Advertising Features policy (available at support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409). Your access to and use of any Google advertising service is subject to the applicable terms between You and Google regarding that service.
If You use the Platform Home, Your use of the Platform Home is subject to the Platform Home Additional Terms (or as subsequently re-named) available at https://support.google.com/marketingplatform/answer/9047313 (or such other URL as Google may provide) as modified from time to time (the "Platform Home Terms").
8. Indemnification.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Google and its wholly-owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Google or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Google or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. Google will provide You with written notice of any claim, suit or action from which You must indemnify Google. You will cooperate as fully as reasonably required in the defense of any claim. Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
9. Third Parties.
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Google to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) Google may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.
10. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).
12. Proprietary Rights Notice.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Google (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Google and its licensors without restriction, including, Google's (and its wholly owned subsidiaries’) right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software, Documentation or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Google; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Google (or its wholly owned subsidiaries) other than in the name of Google (or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service or Software; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
13. U.S. Government Rights.
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
14. Term and Termination.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Google will stop providing, and You will stop accessing the Service. Additionally, if Your Account and/or Properties are terminated, You will (i) delete all copies of the GAMC from all Properties and/or (ii) suspend any and all use of the SDKs within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and (c) all of Your historical Report data will no longer be available to You.
15. Modifications to Terms of Service and Other Policies.
Google may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Google will post notice of modifications to these terms at https://www.google.com/analytics/terms/, the Google Analytics Policies at www.google.com/analytics/policies/, or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use Google Analytics. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Google, (ii) You accept updated terms online, or (iii) You continue to use the Service after Google has posted updates to the Agreement or to any policy governing the Service.
16. Miscellaneous, Applicable Law and Venue.
Google will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Google concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Google must be sent to: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without Google's prior written consent, and any such attempt is void. The relationship between Google and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7, 8, 9, 10, 11, 12, 14, 16, and 17.
17. Google Analytics for Firebase.
If You link a Property to Firebase (“Firebase Linkage”) as part of using the Service, the following terms, in addition to Sections 1-16 above, will also apply to You, and will also govern Your use of the Service, including with respect to Your use of Firebase Linkage. Other than as modified below, all other terms will stay the same and continue to apply. In the event of a conflict between this Section 17 and Sections 1-16 above, the terms in Section 17 will govern and control solely with respect to Your use of the Firebase Linkage.
A. The following definition in Section 1 is modified as follows:
a. "Hit" means a collection of interactions that results in data being sent to the Service and processed. Examples of Hits may include page view hits and ecommerce hits. A Hit can be a call to the Service by various libraries, but does not have to be so (e.g., a Hit can be delivered to the Service by other Google Analytics-supported protocols and mechanisms made available by the Service to You). For the sake of clarity, a Hit does not include certain events whose collection reflects interactions with certain Properties capable of supporting multiple data streams, and which may include screen views and custom events (the collection of events, an “Enhanced Packet”).
B. The following sentence is added to the end of Section 7 as follows:
a. If You link a Property to a Firebase project (“Firebase Linkage”) (i) certain data from Your Property, including Customer Data, may be made accessible within or to any other entity or personnel according to permissions set in Firebase and (ii) that Property may have certain Service settings modified by authorized personnel of Firebase (notwithstanding the settings You may have designated for that Property within the Service).
Last Updated June 17, 2019
GOOGLE ANALYTICS TERMS OF SERVICE
These Google Analytics Terms of Service (this "Agreement") are entered into by Google Inc. ("Google") and the entity executing this Agreement ("You"). This Agreement governs Your use of the standard Google Analytics (the "Service"). BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows:
1. Definitions.
"Account" refers to the billing account for the Service. All Profiles linked to a single Property will have their Hits aggregated before determining the charge for the Service for that Property.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
"Customer Data" means the data concerning the characteristics and activities of Visitors that is collected through use of the GATC and then forwarded to the Servers and analyzed by the Processing Software.
"Documentation" means any accompanying documentation made available to You by Google for use with the Processing Software, including any documentation available online.
"GATC" means the Google Analytics Tracking Code, which is installed on a Property for the purpose of collecting Customer Data, together with any fixes, updates and upgrades provided to You.
"Hit" means the base unit that the Google Analytics system processes. A Hit may be a call to the Google Analytics system by various libraries, including, Javascript (ga.js, urchin.js), Silverlight, Flash, and Mobile. A Hit may currently be a page view, a transaction, item, or event. Hits may also be delivered to the Google Analytics system without using one of the various libraries by other Google Analytics-supported protocols and mechanisms the Service makes available to You.
"Processing Software" means the Google Analytics server-side software and any upgrades, which analyzes the Customer Data and generates the Reports.
"Profile" means the collection of settings that together determine the information to be included in, or excluded from, a particular Report. For example, a Profile could be established to view a small portion of a web site as a unique Report. There can be multiple Profiles established under a single Property.
"Property" means a group of web pages or apps that are linked to an Account and use the same GATC. Each Property includes a default Profile that measures all pages within the Property.
"Privacy Policy" means the privacy policy on a Property.
"Report" means the resulting analysis shown at http://www.google.com/analytics for a Profile.
"Servers" means the servers controlled by Google (or its wholly owned subsidiaries) on which the Processing Software and Customer Data are stored.
"Software" means the GATC and the Processing Software.
"Third Party" means any third party (i) to which You provide access to Your Account or (i) for which You use the Service to collect information on the third party's behalf.
"Visitors" means visitors to Your Properties.
The words "include" and "including" mean "including but not limited to."
2. Fees and Service.
Subject to Section 15, the Service is provided without charge to You for up to 10 million Hits per month per account. Google may change its fees and payment policies for the Service from time to time including the addition of costs for geographic data, the importing of cost data from search engines, or other fees charged to Google or its wholly-owned subsidiaries by third party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of those changes which will be posted at http://www.google.com/analytics. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement and any collection expenses (including attorneys' fees) incurred by Google will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with Your AdWords account.
3. Member Account, Password, and Security.
To register for the Service, You must complete the registration process by providing Google with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Google immediately upon learning of any unauthorized use of Your Account or any other breach of security. Google's (or its wholly-owned subsidiaries') support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
4. Nonexclusive License.
Subject to the terms and conditions of this Agreement, (a) Google grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the GATC solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and (b) You may remotely access, view and download Your Reports stored at http://www.google.com/analytics. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
5. Confidentiality.
Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.
6. Information Rights and Publicity.
Google and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy (located at http://www.google.com/privacy.html), information collected in Your use of the Service. Google will not share Your Customer Data or any Third Party's Customer Data with any third parties unless Google (i) has Your consent for any Customer Data or any Third Party's consent for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on Google's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Google's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
7. Privacy.
You will not (and will not allow any third party to) use the Service to track, collect or upload any data that personally identifies an individual (such as a name, email address or billing information), or other data which can be reasonably linked to such information by Google. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws and regulations relating to the collection of information from Visitors. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies that are used to collect traffic data, and You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service.
You may participate in an integrated version of Google Analytics and any DoubleClick product or service or any other Google display ads product or service ("Google Analytics for Display Advertisers"). If You use Google Analytics for Display Advertisers, You will comply with the Google Analytics for Display Advertisers Policy (available at http://support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409 ) and, as set forth in the policy, disclose in Your Privacy Policy (i) Your use of Google Analytics for Display Advertisers and its features You use, and (ii) how Visitors can opt-out from Google Analytics for Display Advertisers. Your access to and use of any DoubleClick or Google display ads data is subject to the applicable terms between You and Google.
8. Indemnification.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Google and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Google or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Google or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. Google will provide You with written notice of any claim, suit or action from which You must indemnify Google. You will cooperate as fully as reasonably required in the defense of any claim. Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
9. Third Parties.
If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Google to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) Google may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.
10. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).
12. Proprietary Rights Notice.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Google (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Google and its licensors without restriction, including, Google's (and its wholly owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Google; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Google (or its wholly owned subsidiaries) other than in the name of Google (or its wholly owned subsidiaries, as the case may be); or (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
13. U.S. Government Rights.
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
14. Term and Termination.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Google will stop providing, and You will stop accessing the Service; and You will delete all copies of the GATC from all Properties and certify thereto in writing to Google within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical Report data will no longer be available to You.
15. Modifications to Terms of Service and Other Policies.
Google may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Google will post notice of modifications to these terms at http://www.google.com/analytics or policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use Google Analytics. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Google, (ii) You accept updated terms online, or (iii) You continue to use the Service after Google has posted updates to the Agreement or to any policy governing the Service.
16. Miscellaneous, Applicable Law and Venue.
Google will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Google concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Google must be sent to: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without Google's prior written consent, and any such attempt is void. The relationship between Google and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7, 8, 9, 10, 11, 12, 14, and 16.
Google APIs Terms of Service
Last modified: November 9, 2021
Thank you for using Google's APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other Google products or services, then the terms for those other products or services also apply.
Under the Terms, "Google" means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Google" as "we", "our", or "us" in the Terms.
Section 1: Account and Registration
a. Accepting the Terms
You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.
b. Entity Level Acceptance
If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
c. Registration
In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Google will always be accurate and up to date and you'll inform us promptly of any updates.
d. Subsidiaries and Affiliates
Google has subsidiaries and affiliated legal entities around the world. These companies may provide the APIs to you on behalf of Google and the Terms will also govern your relationship with these companies.
Section 2: Using Our APIs
a. Your End Users
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
b. Compliance with Law, Third Party Rights, and Other Google Terms of Service
You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Google (or its affiliates).
c. Permitted Access
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Google assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
d. API Limitations
Google sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Google's express consent (and Google may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Google API team for information (e.g. by using the Google developers console).
e. Open Source Software
Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Google for the applicable open source software.
f. Communication with Google
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
g. Feedback
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
h. Non-Exclusivity
The Terms are non-exclusive. You acknowledge that Google may develop products or services that may compete with the API Clients or any other products or services.
i. Google Controller-Controller Data Protection Terms
To the extent required by data protection laws applicable to the parties' processing of personal data under these Terms, the parties agree to the Google Controller-Controller Data Protection Terms.
Section 3: Your API Clients
a. API Clients and Monitoring
The APIs are designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT GOOGLE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE GOOGLE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Google accessing and using your API Client, for example to identify security issues that could affect Google or its users. You will not interfere with this monitoring. Google may use any technical means to overcome such interference. Google may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
b. Security
You will use commercially reasonable efforts to protect user information collected by your API Client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
c. Ownership
Google does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
d. User Privacy and API Clients
You will comply with (1) all applicable privacy laws and regulations including those applying to personal data and (2) the Google API Services User Data Policy, which governs your use of the APIs when you request access to Google user information. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Google and third parties.
Section 4: Prohibitions and Confidentiality
a. API Prohibitions
When using the APIs, you may not (or allow those acting on your behalf to):
Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
Perform an action with the intent of introducing to Google products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
Remove, obscure, or alter any Google terms of service or any links to or notices of those terms.
Unless otherwise specified in writing by Google, Google does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Google unless you have received prior written consent to such use from Google.
b. Confidential Matters
Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
Our communications to you and our APIs may contain Google confidential information. Google confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Google's prior written consent. Google confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Google confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
Section 5: Content
a. Content Accessible Through our APIs
Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
b. Submission of Content
Some of our APIs allow the submission of content. Google does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Google to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Google privacy policies, you give Google a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
c. Retrieval of content
When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
d. Data Portability
Google supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.
e. Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:
Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
Misrepresent the source or ownership; or
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
Section 6: Brand Features; Attribution
a. Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google.
b. Attribution
You agree to display any attribution(s) required by Google as described in the documentation for the API. Google hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Google's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Google Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Google's Brand Features, you must follow the Google Brand Features Use Guidelines. You understand and agree that Google has the sole discretion to determine whether your attribution(s) and use of Google's Brand Features are in accordance with the above requirements and guidelines.
c. Publicity
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Google without Google's prior written approval.
d. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Google products, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Section 7: Privacy and Copyright Protection
a. Google Privacy Policies
By using our APIs, Google may use submitted information in accordance with our privacy policies.
b. Google DMCA Policy
We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google's policy about responding to notices in our Help Center.
Section 8: Termination
a. Termination
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Google with prior written notice and upon termination, cease your use of the applicable APIs. Google reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Google Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Google may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
c. Surviving Provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.
Section 9: Liability for our APIs
a. WARRANTIES
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
c. Indemnification
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Google, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
your misuse or your end user's misuse of the APIs;
your violation or your end user's violation of the Terms; or
any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
Section 10: General Provisions
a. Modification
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Google developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
b. U.S. Federal Agency Entities
The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
c. General Legal Terms
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Google relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Google, please visit our contact page.
Except as set forth below: (i) the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.
Google Individual Contributor License Agreement
In order to clarify the intellectual property license granted with Contributions from any person or entity, Google LLC ("Google") must have a Contributor License Agreement ("CLA") on file that has been signed by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of Google; it does not change your rights to use your own Contributions for any other purpose.
You accept and agree to the following terms and conditions for Your present and future Contributions submitted to Google. Except for the license granted herein to Google and recipients of software distributed by Google, You reserve all right, title, and interest in and to Your Contributions.
Definitions.
"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Google. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"Contribution" shall mean any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to Google for inclusion in, or documentation of, any of the products owned or managed by Google (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Google or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Google for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to Google and to recipients of software distributed by Google a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.
Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to Google and to recipients of software distributed by Google a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to which such Contribution(s) was submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.
You represent that you are legally entitled to grant the above license. If your employer(s) has rights to intellectual property that you create that includes your Contributions, you represent that you have received permission to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to Google, or that your employer has executed a separate Corporate CLA with Google.
You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others). You represent that Your Contribution submissions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.
You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON- INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
Should You wish to submit work that is not Your original creation, You may submit it to Google separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]".
You agree to notify Google of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.
Google Software Grant and Corporate Contributor License Agreement
In order to clarify the intellectual property license granted with Contributions from any person or entity, Google LLC ("Google") must have a Contributor License Agreement (CLA) on file that has been signed by each Contributor, indicating agreement to the license terms below. This license is for your protection as a Contributor as well as the protection of Google and its users; it does not change your rights to use your own Contributions for any other purpose.
This version of the Agreement allows an entity (the "Corporation") to submit Contributions to Google, to authorize Contributions submitted by its designated employees to Google, and to grant copyright and patent licenses thereto.
You accept and agree to the following terms and conditions for Your present and future Contributions submitted to Google. Except for the license granted herein to Google and recipients of software distributed by Google, You reserve all right, title, and interest in and to Your Contributions.
Definitions.
"You" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Google. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"Contribution" shall mean the code, documentation or any original work of authorship, including any modifications or additions to an existing work, that is intentionally submitted by You to Google for inclusion in, or documentation of, any of the products owned or managed by Google (the "Work"). For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Google or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Google for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to Google and to recipients of software distributed by Google a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.
Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to Google and to recipients of software distributed by Google a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contribution(s) alone or by combination of Your Contribution(s) with the Work to which such Contribution(s) was submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.
You represent that You are legally entitled to grant the above license. You represent further that each employee of the Corporation designated by You is authorized to submit Contributions on behalf of the Corporation.
You represent that each of Your Contributions is Your original creation (see section 7 for submissions on behalf of others).
You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all. Unless required by applicable law or agreed to in writing, You provide Your Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
Should You wish to submit work that is not Your original creation, You may submit it to Google separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Submitted on behalf of a third-party: [named here]".
It is your responsibility to notify Google when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Corporation, or to the Corporation's Point of Contact with Google.
Google Maps APIs Terms of Service
Thank you for your interest in the Google Maps APIs. The Google Maps APIs are a collection of services that allow you to include maps, geocoding, places, and other content from Google in your web pages or applications.
Last Updated: February 7, 2018
This page contains the Google Maps Platform Terms of Service. If you have questions about these terms, please consult the FAQ’s Terms of Service section. These terms do not apply if you have entered into a separate written agreement with Google (such as a Google Maps Platform Premium Plan or Google Maps APIs for Work agreement) related to the Google Maps APIs.
1. Your relationship with Google.
1.1 Use of the Service is Subject to these Terms. Your use of any of the Google Maps APIs (referred to in this document as the "Maps API(s)" or the "Service") is subject to the terms of a legal agreement between you and Google (the "Terms"). "Google" means either (a) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if your billing address is in any country within Europe, the Middle East, or Africa ("EMEA"); (b) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City, Singapore 117371, if your billing address is in any country within the Asia Pacific region excluding Australia ("APAC"); (c) Google Australia Pty Ltd. with offices at Level 5, 48 Pirrama Road, Pyrmont 2009, NSW, Australia, if your billing address is in Australia; or (d) Google Inc., with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA, if your billing address is in any country in the world other than those in EMEA, APAC or Australia.
1.2 The Terms include Google's Legal Notices and Privacy Policy.
Unless otherwise agreed in writing with Google, the Terms will include the following:
the terms and conditions in this document (the "Maps APIs Terms");
the Legal Notices; and
the Privacy Policy.
Before you use the Maps API(s), you should read each of the documents comprising the Terms, and print or save a local copy for your records.
1.3 Use of Other Google Services and Additional Terms. If you use the Maps API(s) in conjunction with any other Google products, including any other Google API(s), (collectively, the Service and all other Google products and services are referred to as the "Google Services"), your agreement with Google will also include the terms applicable to those Google Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable Google Services. If there is any contradiction between the Additional Terms and the Maps APIs Terms, then the Maps APIs Terms will take precedence only as they relate to the Maps API(s), and not to any other Google Services.
1.4 Precedence of Maps APIs Terms. If there is any contradiction between the Maps APIs Terms and other Maps API(s)-related documents (including the Maps APIs Documentation), then the Maps APIs Terms will take precedence.
1.5 Changes to the Terms. Google reserves the right to make changes to the Terms from time to time. When these changes are made, Google will make a new copy of the Terms available at http://developers.google.com/maps/terms (or such other URL as Google may provide). You understand and agree that if you use the Service after the date on which the Terms have changed, Google will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Maps API(s).
2. Accepting the Terms.
2.1 Clicking to Accept or Using the Maps API(s). In order to use the Maps API(s), you must agree to the Terms by:
clicking to accept the Terms, where this option is made available to you by Google in the Service’s user interface; or
using the Maps API(s). You understand and agree that Google will treat your use of the Maps API(s) as acceptance of the Terms from that point onwards.
2.2 U.S. Law Restrictions. You may not use the Maps API(s) and may not accept the Terms if you are a person barred from using the Service under United States law.
2.3 Authority to Accept the Terms. You represent that you have full power, capacity, and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
3. Privacy and Personal Information.
3.1 Google’s Privacy Policy. For information about Google's data protection practices, please read Google's Privacy Policy. This policy explains how Google treats your personal information and protects your privacy when you use the Service.
3.2 Use of Your Data under Google’s Privacy Policy. You agree to the use of your data in accordance with Google's Privacy Policy.
3.3 Your Privacy Policy. You must post and abide by an appropriate privacy policy in your Maps API Implementation in accordance with Section 9.3 (End User Terms and Privacy Policy).
3.4 Applicable Privacy Laws. You will comply with all applicable laws relating to the collection of information from visitors to your Maps API Implementation.
3.5 European Data Protection Terms. You and Google agree to the Google Maps Controller-Controller Data Protection Terms.
3.6 No Personally Identifiable Information or Personal Data. You must not provide to Google: (a) any personally identifiable information or device identifiers; or (b) any European person’s Personal Data (where “European” means “European Economic Area or Switzerland” and “Personal Data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016). Users of your Maps API Implementation may provide information directly to Google through your Maps API Implementation, as needed.
4. Provision of the Service by Google.
4.1 Google’s Subsidiaries and Affiliates. Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Service to you on behalf of Google itself. You understand and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
4.2 Limits on Your Use of the Service. You understand and agree that Google may limit the number of transactions you may send or receive through the Service; such fixed upper limits may be set by Google at any time, at Google’s discretion. For further information, see Section 10.4(b) below.
4.3 Advertising.
In places results. Google reserves the right to include advertising in the places results provided to you through the Maps API(s). By using the Maps API(s) to obtain places results, you agree to display such advertising in the form provided to you by Google.
In maps images. Google also reserves the right to include advertising in the maps images provided to you through the Maps API(s), subject to the following provisions. In this Section, "Ads Notice" means a notice from Google that it will include advertising in a particular Maps API. The Ads Notice may be provided on relevant Google websites, including the Google Geo Developers Blog (or such other URL as Google may provide) and the applicable Google Maps API Groups.
New Maps API(s) and major version upgrades of existing Maps API(s) launched with an Ads Notice. A "major version" of a Maps API is denoted by a new "whole number" in the version name (for example, a "major version" change occurs if API v4.5 is replaced by v5.0). By using the maps images in these new or major version upgrades of the Maps API(s), you agree to display the advertising included in those maps images in the form provided to you by Google.
Maps API(s) and major version upgrades of existing Maps API(s) launched without an Ads Notice. For any Maps API that Google has launched (or launches in the future) without an Ads Notice, Google will not include advertising in that API’s maps images unless Google provides you with an Ads Notice at least 90 days beforehand (the "Ads Notice Period").
Maps API Implementations that incorporated the Maps API(s) before April 8, 2011. If your Maps API Implementation incorporated a major version of a Maps API before April 8, 2011, you have a limited right to opt out of advertising in the maps images provided through that major version of that Maps API by providing written notice to Google during the Ads Notice Period; your notice must state that you refuse to accept advertising in the maps images and must be provided to Google in accordance with Google's notice requirements (as specified in Google's Ads Notice).
Opting out of ads. You may at any time opt out of advertising in the places results and the maps images by either:
contacting the Google Maps sales team to obtain a Google enterprise license; or
terminating your use of the Service.
Indexing and caching for ads serving. By using an API that serves ads, you give Google the right to access, index, and cache the web pages or applications that contain your Maps API Implementation.
4.4 Changes to the Service; Deprecation Policy. The following is the Service’s "Deprecation Policy":
Google will announce if it intends to remove major features from, or discontinue, an API or the Service.
Google will use commercially reasonable efforts to continue to operate those Google Maps API versions and features identified at http://developers.google.com/maps/maps-api-list without these changes until one year after the announcement, unless Google determines in its reasonable good faith judgment that:
it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or
doing so could create a security risk or substantial economic or material technical burden.
5. Your Google Account.
5.1 Signing Up for a Google Account. In order to access the Service, you must have and maintain a Google Account in good standing. You must ensure that any information you give to Google in connection with your Google Account or the Service will always be accurate, correct, and up to date.
5.2 Your Passwords and Account Security. You will be solely responsible to Google for your use of the Service. You must notify Google immediately if you become aware of any unauthorized use of your password; your Google Account; or any unique identifier that Google requires you to use, such as an API Key or client ID (a "Developer Identifier").
6. Google’s Proprietary Rights.
You understand and agree that Google and its licensors and their suppliers (as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights in the Service and Content (whether those rights are registered or not, and wherever in the world those rights may exist).
7. Permitted Uses.
You will use the Service only for purposes that:
are permitted by the Terms (including the Licenses in Section 8);
are permitted by any applicable law or third-party contract in the relevant jurisdictions; and
comply with all applicable policies or guidelines made available by Google, including in the Maps APIs Documentation and the Permission Guidelines for Google Maps and Google Earth.
8. Licenses from Google to You.
8.1 Definitions.
"Brand Features" means trade names, trademarks, logos, domain names, and other distinctive brand features.
"Content" means any content provided through the Service (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"Maps API Implementation" means a software application, website, or other implementation that uses the Maps API(s) to obtain and display Content in conjunction with Your Content.
"Your Content" means any content that you provide in your Maps API Implementation, including data, images, video, or software. Your Content does not include the Content as defined in Subsection (b).
8.2 Service License. Subject to these Terms (including Section 9 (License Requirements) and Section 10 (License Restrictions)), during the term of this agreement, Google gives you a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to use the Service as provided by Google, in the manner permitted by the Terms.
8.3 Content License. Subject to these Terms (including Sections 8.3(a) and (b), Section 9 (License Requirements), and Section 10 (License Restrictions)), during the term of this agreement, Google gives you a non-exclusive, worldwide, personal, non-transferable,non-assignable, non-sublicensable, royalty-free license to use the Content in your Maps API Implementation, as the Content is provided in the Service, and in the manner permitted by the Terms.
Content (including map data, traffic, directions, and places) is provided for planning purposes only. You may find that weather conditions, construction projects, closures,or other events may cause road conditions or directions to differ from the results depicted in the Content. You should exercise judgment in your use of the Content.
Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized use of this content. Your use of third-party Content (including certain business listings Content) is subject to additional restrictions located in the Legal Notices page.
8.4 Brand Features License.
Grant. Subject to these Terms (including Section 8.4(b), Section 9 (License Requirements), and Section 10 (License Restrictions)), during the term of this agreement, Google gives you a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to display Google’s Brand Features solely for the purposes of (i) promoting or advertising your authorized use of the Service in accordance with this Section and (ii) fulfilling your obligations under the Terms.
Restrictions. In using Google Brand Features, you will not:
display a Google Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Google (other than your use of the Service), or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, Google or its personnel;
display a Google Brand Feature in your Maps API Implementation, site, or other propert(ies) if any of them contain or display adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
have the Google logo as the largest logo in your Maps API Implementation, site, or other propert(ies) (except as displayed in the map image itself);
display a Google Brand Feature as the most prominent element in your Maps API Implementation, on any page of your site, or on any of your other propert(ies);
display a Google Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Google;
use Google Brand Features to disparage Google or the Google Services;
display a Google Brand Feature in your Maps API Implementation, site, or other propert(ies) that violate any law or regulation; or
remove, distort, or alter any element of a Google Brand Feature (including squeezing, stretching, inverting, or discoloring).
No further license grant; no challenges. Except as stated in this Section, nothing in the Terms grants or will be deemed to grant you any right, title, or interest in Google’s Brand Features. Your use of Google’s Brand Features (including any goodwill associated with them) will inure to Google’s benefit. During and after the Term, and to the maximum extent permitted by applicable law, you will not challenge or assist others to challenge Google’s Brand Features (or their registration by Google), and you will not attempt to register any Brand Features (including domain names) that are confusingly similar to Google’s in any way (including in sound, appearance, or spelling).
8.5 Proprietary Rights Notices. You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices, Terms of Use links, or Brand Features) displayed or provided through the Service. Where such notices are not displayed or provided within the Service, you must display such notices according to the Maps APIs Documentation.
8.6 U.S. Government Restricted Rights. If the Service or Content is being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in our Legal Notices page’s "Government End Users" section.
8.7 Determination of Compliance. Google reserves the sole right and discretion to determine whether your use of the Service, Content, and Brand Features complies with these Terms.
9. License Requirements.
Google’s licenses above are subject to your compliance with the following requirements:
9.1 Free, Public Accessibility to Your Maps API Implementation.
9.1.1 General Rules.
Free access (no fees). Subject to Section 9.1.2 (Exceptions), your Maps API Implementation must be accessible to the general public without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your Maps API Implementation, whether Your Content or the other content exists now or is added later.
Public access (no firewall). Your Maps API Implementation must not operate (i) only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).
9.1.2 Exceptions.
Enterprise agreement with Google. The rules in Section 9.1.1 (Free access, Public access) do not apply if you have entered into a separate written agreement with Google (such as a Google Maps agreement) or obtained Google's written permission.
Mobile applications.
The rule in Section 9.1.1(a) (Free access) does not apply if your Maps API Implementation is used in a mobile application that is sold for a fee through an online store and is downloadable to a mobile device that can access the online store.
The rule in Section 9.1.1(b) (Public access) does not apply if your Maps API Implementation is an Android application that uses the Google Maps Android API. (However, the rule in Section 9.1.1(b) (Public access) will continue to apply if your Maps API Implementation is an Android application that uses any other Maps APIs, unless the Maps API Implementation qualifies for the exception in Section 9.1.2(a) (Enterprise agreement with Google).)
9.1.3 Examples.
You can require users to log in to your Maps API Implementation if you do not require users to pay a fee.
You can charge a fee for your Maps API Implementation if it is an Android application downloadable to mobile devices from the Google Play Store.
If you are a consultant who creates or hosts Maps API Implementations for third-party customers, you may charge those customers a fee for your consulting or hosting services (but not for the Maps API Implementations themselves, except as permitted under Section 9.1.2 (Exceptions)).
9.2 Reporting. You must implement those reporting mechanisms that Google requires (as updated from time to time in these Terms and in the Maps APIs Documentation).
9.3 End User Terms and Privacy Policy. If you develop a Maps API Implementation for use by other users, you must:
display to the users of your Maps API Implementation the link to Google’s Terms of Service as presented through the Service or described in the Maps APIs Documentation;
explicitly state in your Maps API Implementation’s terms of use that, by using your Maps API Implementation, your users are agreeing to be bound by the Google Maps/Google Earth Additional Terms of Service; and
protect the privacy and legal rights of those users.
Your privacy policy. You must make publicly available, and must abide by, an appropriate privacy policy in your Maps API Implementation. In particular, if your Maps API Implementation enables you or any party to gain access to information about users of the Maps API(s), including personally identifiable information (such as user names) or non-personally identifiable usage information (such as location), your privacy policy must describe your use and retention of this information.
Geolocation privacy
Your Maps API Implementation must notify the user in advance of the type(s) of data that you intend to collect from the user or the user’s device. Your Maps API Implementation must not obtain or cache any user’s location in any manner except with the user's prior consent. Your Maps API Implementation must let the user revoke the user's consent at any time.
If your Maps API Implementation provides Google with geolocation data, that geolocation data must not enable Google to identify an individual user. For example, if your Maps API Implementation sends Google Your Content, and Your Content includes geolocation data, Your Content must not also include unique device identifiers associated with individual users.
If you intend to obtain the user’s location and use it with any other data provider's data, you must disclose this fact to the user.
Google’s Privacy Policy. Your privacy policy must notify users that you are using the Maps API(s) and incorporate by reference Google’s Privacy Policy by including a link to Google’s then-current Privacy Policy (at http://www.google.com/policies/privacy or such other URL as Google may provide).
Cookies. As noted in the Documentation, certain Maps API(s) store and access cookies and other information on end users’ devices. If you use any of these cookie-enabled Maps API(s) in your Maps API Implementation, then for end users in the European Union, you must comply with the EU User Consent Policy.
9.4 Attribution.
Content provided to you through the Service may contain the Brand Features of Google, its strategic partners, or other third-party rights holders of content that Google indexes. When Google provides those Brand Features or other attribution through the Service, you must display such attribution as provided (or as described in the Maps APIs Documentation) and must not delete or alter the attribution.
You must conspicuously display the "powered by Google" attribution (and any other attribution(s) required by Google in the Maps APIs Documentation) on or adjacent to the relevant Service search box and Google search results. If you use the standard Google search control, or the standard Google search control form, this attribution will be included automatically, and you must not modify or obscure this automatically-generated attribution.
You understand and agree that Google has the sole right and discretion to determine whether your attribution(s) are in compliance with the above requirements.
9.5 Preventing Unauthorized Use. You will use all reasonable efforts to prevent unauthorized use of the Service and to terminate any such unauthorized use.
9.6 Responsibility for Breaches. You are solely responsible for (and Google has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage that Google may suffer).
10. License Restrictions.
Except as expressly permitted under the Terms, or unless you have received prior written authorization from Google (or, as applicable, from the particular Content provider), Google’s licenses above are conditioned on your adherence to all of the restrictions below. In this Section 10, the phrase "you will not" means "when using the Service, you will not, and will not permit a third party to."
10.1 Administrative Restrictions.
No access to APIs or Content except through the Service. You will not access the Maps API(s) or the Content except through the Service. For example, you must not access map tiles or imagery through interfaces or channels (including undocumented Google interfaces) other than the Maps API(s).
No access to Service without applicable Developer Identifier(s). For certain versions or features of the Maps API(s), Google may require you to use a Developer Identifier to access and administer the Service. If a Developer Identifier is required under the Maps APIs Documentation, you will not access the Service without the Developer Identifier.
No hiding identity. You will not hide from Google the identity of your Maps API Implementation. You must follow the identification conventions in the Maps APIs Documentation.
10.2 General Google API Restrictions. The following restrictions apply generally to all Google Services, including the Google application programming interfaces at https://developers.google.com/products/ (or such other URL as Google may provide) (the “Google API(s)”). You will not:
Sublicense a Google API for use by a third party. Consequently, you will not create an API client that functions substantially the same as the Google APIs and offer it for use by third parties.
Perform an action with the intent of introducing to Google Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the Google APIs or the servers or networks providing the Google APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
Reverse engineer or attempt to extract the source code from any Google API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the Google APIs for any activities where the use or failure of the Google APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Use the Google APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
Remove, obscure, or alter any Google terms of service, or any links to or notices of those terms.
10.3 Quality Standards Restrictions.
No violation of Google’s Software Principles. You will not violate Google’s Software Principles at http://www.google.com/intl/en/about/company/software-principles.html (or such other URLs that Google may designate).
No modification of search results. You will not modify, reorder, augment, or manipulate search results in any way unless you explicitly notify the end user of your actions.
10.4 Restrictions on Unfair Exploitation of the Service and Content.
No use except under these Terms. You will not use the Service or Content except as expressly permitted under these Terms. For example:
No fees. You will not charge any third party a fee to use your Maps API Implementation, the Service, or the Content, unless you have purchased an applicable Google Maps Platform Premium Plan or Google Maps APIs for Work license that expressly permits this use.
No printing 5,000+ copies for direct marketing. You will not print more than 5,000 copies of sales collateral materials containing a screenshot of the Content for purposes of commercial sales lead generation.
No use as a core part of printed matter. You will not incorporate the Content as a core part of printed matter (such as a printed map or guide book) that is redistributed for a fee.
No use beyond transaction limits and usage policies. If your Maps API Implementation generates a high volume of transactions, Google reserves the right to set transaction limits, as described in the Maps APIs Documentation here. Google also reserves the right to set other usage policies in the Documentation from time to time. If you want to engage in use outside these transaction limits or usage policies, you can purchase more usage capacity through the Maps API Standard pricing plan, or you can contact the Google Maps sales team for licensing options to address your needs. Google may decline your request, or condition acceptance on your agreement to additional terms and/or charges for that use.
Restrictions on your Maps API Implementations.
No creation of a substitute service. You will not use the Service to create a Maps API Implementation that is a substitute for, or substantially similar service to, Google Maps (at https://www.google.com/maps (or such other URL as Google may provide)) ("Google Maps") or the Service.
No creation or augmentation of data sets based on Google’s Content or Services. You will not use Google’s Content or Services to create or augment your own mapping-related dataset (or that of a third party), including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list.
No navigation. You will not use the Service or Content for or in connection with (a) real-time navigation or route guidance; or (b) automatic or autonomous vehicle control.
No asset-tracking unless you have purchased the applicable enterprise license. Unless you have purchased an applicable Premium Plan or Maps APIs for Work license that expressly permits you to do so, you will not use the Service or Content for commercial asset-tracking or in Maps API Implementations whose primary purpose is to assess vehicle insurance risks.
Commercial asset-tracking includes dispatch, fleet management, and Maps API Implementations that track your (or your end users’) assets (for example, private or commercial transportation applications, including taxi and vehicle-for-hire applications).
Non-commercial asset-tracking implementations include applications used for a non-commercial purpose (for example, a free, publicly accessible Maps API Implementation that displays real-time public transit or other transportation status information or that allows end users to share real-time location with others).
No use of Content in a listings service. You will not use business listings-related Content in any Customer Implementation that has the primary purpose of making available business, residential address, or telephone directory listings.
No use of Content for an Ads product. You will not use business listings-related Content to create or augment an advertising product.
No use of Content without a Google map. Unless the Maps APIs Documentation expressly permits you to do so, you will not use the Content in a Maps API Implementation without a corresponding Google map. For example, you may display Street View imagery without a corresponding Google map because the Maps APIs Documentation expressly permits this use.
No use of Content with a non-Google map. You must not use the Content in a Maps API Implementation that contains a non-Google map.
10.5 Intellectual Property Restrictions.
No distribution or sale except as permitted under the Terms. You will not distribute, sell, or otherwise make any part of the Service available to third parties except as permitted by these Terms.
No derivative works. You will not modify or create a derivative work based on any Content unless expressly permitted to do so under these Terms. For example, the following are prohibited: (i) creating server-side modification of map tiles; (ii) stitching multiple static map images together to display a map that is larger than permitted in the Maps APIs Documentation; or (iii) tracing or copying the copyrightable elements of Google’s maps or building outlines and creating a new work, such as a new mapping or navigation dataset.
No use of Content outside the Service. You will not use any Content outside of the Service except as expressly permitted to do so in Subsection (d). For example, you will not export or save the Content to a third party’s platform or service.
No caching or storage. You will not pre-fetch, cache, index, or store any Content to be used outside the Service, except that you may store limited amounts of Content solely for the purpose of improving the performance of your Maps API Implementation due to network latency (and not for the purpose of preventing Google from accurately tracking usage), and only if such storage:
is temporary (and in no event more than 30 calendar days);
is secure;
does not manipulate or aggregate any part of the Content or Service; and
does not modify attribution in any way.
No mass downloading. You will not use the Service in a manner that gives you or a third party access to mass downloads or bulk feeds of any Content. For example, you are not permitted to offer a batch geocoding service that uses Content contained in the Maps API(s).
No incorporating Google software into other software. You will not incorporate any software provided as part of the Service into other software.
No removing, obscuring, or altering terms of service, links, or proprietary rights notices. You will not:
remove, obscure, or alter any Google terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or
falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
10.6 Restrictions on Trying to Shut Down the Service. We want to make sure that the Services remain online and available for all users. To help ensure this, during the agreement term, you will not try to shut down the Services that you have been using by seeking an injunction or exclusion order.
11. Licenses from You to Google.
11.1 Content License. Google claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting or displaying Your Content through the Service, you give Google a perpetual, irrevocable, non-exclusive, worldwide, sublicensable, royalty-free license to use Your Content solely for the following purposes:
enabling Google to provide you with the Service;
if you opt to do so through your Maps API Implementation’s features, allowing end users to use Your Content in Google Services; and
if you opt to submit Your Content through the Google Places API(s), allowing Google to use that content in Google Services.
11.2 Marketing License. During the term of this agreement, you give Google a non-exclusive, worldwide, sublicensable, royalty-free license to use Your Brand Features and Your Content to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured).
11.3 Authority to Grant Licenses. You represent and warrant that you have all the rights, power, and authority necessary to grant the above licenses.
12. Maps API Standard Pricing Plan and Payment Terms.
This Section 12 applies if you purchase usage capacity (beyond the Service’s transaction limits) through the Maps API Standard pricing plan:
12.1 Free Quota. Certain parts of the Service are provided to you without charge up to the transaction limits described in the Maps APIs Documentation here.
12.2 Online Billing. Google will issue an electronic bill to you for all charges accrued above the transaction limits based on your use of the Service during the previous month. You will pay all fees specified in the invoice, including the invoice’s specified currency and payment terms. Google’s measurement of your use of the Service is final.
12.3 Taxes. In association with your purchase of Maps API usage, you are responsible for all applicable government-imposed taxes, except for taxes based on Google’s net income, net worth, employment, and assets (including personal and real property) ("Taxes"), and you will pay Google for the Service without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale.
12.4 Invoice Disputes & Refunds. To the fullest extent permitted by law, you waive all claims relating to fees unless claimed within sixty days after charged (this does not affect any of your rights with your credit card issuer). Refunds (if any) are at Google’s discretion and will only be in the form of credit for the Service. Nothing in these Terms obligates Google to extend credit to any party.
12.5 Delinquent Payments. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Google reserves the right to suspend your access to the Service for any late payments.
13. Terminating this Agreement.
13.1 The Terms will continue to apply until terminated by either you or Google as described below.
13.2 You may terminate your legal agreement with Google by removing the Maps API(s) code from your Maps API Implementation and discontinuing your use of the Service at any time. You do not need to specifically inform Google when you stop using the Service.
13.3 Google reserves the right to terminate these Terms or discontinue the Service, or any portion or feature of the Service, for any reason and at any time without liability or other obligation to you, except as described under Section 4.4 (Changes to the Service; Deprecation Policy).
13.4 Nothing in this Section 13 will affect Google’s rights under Section 4 (Provision of Service by Google).
13.5 When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including Sections 3.5 (European Data Protection Terms); 6 (Google’s Proprietary Rights); 11.1 (Content License); 13.4 and 13.5 (Terminating this Agreement); 14 (Exclusion of Warranties); 15 (Limitations of Liability); 16 (Indemnities); and 19 (General Legal Terms).
14. EXCLUSION OF WARRANTIES.
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, WILL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND GOOGLE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
14.3 ANY CONTENT OBTAINED THROUGH THE GOOGLE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH CONTENT.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5 GOOGLE, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. LIMITATIONS OF LIABILITY.
15.1 SUBJECT TO SECTION 14.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE, ITS SUBSIDIARIES, AND AFFILIATES, AND GOOGLE'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES); ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES; OR ANY INTANGIBLE LOSS; OR
ANY LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON GOOGLE SERVICES;
ANY CHANGES THAT GOOGLE MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
15.2 THE LIMITATIONS ON GOOGLE’S LIABILITY IN SECTION 15.1 ABOVE WILL APPLY WHETHER OR NOT GOOGLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
16. Indemnities.
16.1 You will defend and indemnify Google and its affiliates, directors, officers, employees, strategic partners, licensors, and their suppliers (the "Indemnified Parties") against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
your use of the Service or the Content in breach of the Terms or applicable policies;
your Maps API Implementation, including any claim that your Maps API Implementation infringes a third party’s rights or violates applicable law; or
Your Content.
16.2 You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. Google reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under this Section 16.
17. Copyright Policies; Content Removal; Termination of Repeat Offenders’ Accounts.
It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat offenders. Details of Google’s policy can be found here.
18. Other Content.
18.1 The Service may include hyperlinks to other websites or content or resources. Google has no control over any websites or resources that are provided by companies or persons other than Google. You understand and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on, or available from, such websites or resources.
18.2 You understand and agree that Google is not liable for any loss or damage that you may incur as a result of the availability of those external sites or resources, or as a result of any reliance by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
19. General Legal Terms.
19.1 Notices. Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
19.2 Assignment. Google may assign any part of this agreement without written consent.
19.3 No Waiver. Google will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if Google expressly states in a writing signed by an authorized representative that Google is waiving a specified Term.
19.4 Third-Party Beneficiaries. Google’s affiliates and the Indemnified Parties are third-party beneficiaries to the Terms and are entitled to directly enforce, and rely on, any Terms that confer a right or benefit to them. There are no other third-party beneficiaries to the Terms.
19.5 Entire Agreement. These Terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
19.6 Severability. If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
19.7 Equitable Relief. You understand and agree that damages for improper use of the Maps API(s) may be irreparable; therefore, Google is entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies it may have.
19.8 Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
19.9 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY RELATED GOOGLE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
Google Maps Platform Terms of Service
Last modified: May 1, 2018
This Google Maps Platform License Agreement takes effect on June 11, 2018.
If you are currently using the Google Maps Standard Plan, this Google Maps Platform License Agreement will govern your use of the Google Maps Platform as of June 11, 2018. The current Google Maps Platform Terms of Service, which govern your use of the Google Maps Platform until June 11, 2018, is available at https://developers.google.com/maps/terms.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, or (vi) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC.
This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account to use the Services. Customer is responsible for the information it provides in connection with the Account, its passwords, and use of its Account.
1.4 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.5 Modifications.
1.5.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.5.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, or scrape Google Maps Content for use outside the Services. For example, Customer will not:(i) pre-fetch, cache, index, or store Google Maps Content for more than 30 days; (ii) bulk download geocodes; or (iii) copy business names, addresses, or user reviews.
(b) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content, including tracing, digitizing, or creating other datasets based on Google Maps Content.
(c) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(d) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(e) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees; prevent Google from accurately calculating Customer’s Service usage levels; abuse any free Service quotas; or offer access to the Services under a “time-sharing” or “service bureau” model.
(f) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(g) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(h) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
(i) No Use for High Risk Activities. Customer will not use the Google Maps Core Services for High Risk Activities.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
4.2 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement, including the applicable Services’ AUP and URL Terms; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.3 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.4 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.5 Data Use, Protection, and Privacy.
4.5.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.5.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.5.3 General Privacy Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide device identifiers and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (y) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (z) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide the Technical Support Services to Customer in accordance with the Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Subject to Section 10.2 (Required Disclosure), the recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.5 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. Where applicable, Customer may use Google Maps Content in accordance with the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademarkpolicy, which will be considered “Google’s prior written consent” for the permitted uses.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE AND SUITABLE FOR USE WITH GOOGLE MAPS.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use in accordance with the Agreement of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer's payment obligations.
17. Advertising.
Customer may configure the Service in its sole discretion to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, tradmarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Committed Purchase(s)" has the meaning provided in the Service Specific Terms.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than fifty percent of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including features) listed in the Admin Console.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided to Google by Customer.
"Fees" means the applicable fees for each Service and any applicable Taxes. The Fees for each Service are available at https://cloud.google.com/maps-platform/pricing/sheet/ (or other such URL provided by Google).
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation; (g) precision targeting.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Package Purchase" has the meaning set out in the Service Specific Terms.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content.
"Service Specific Terms" means the terms specific to one or more Services set forth here: https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits or other such proprietary computer software provided by Google in connection with the Services, which may be downloaded by Customer, and any updates Google may make to such Software.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
“Technical Support Services” or "TSS" means the technical support service provided by Google to Customer under the Technical Support Services Guidelines.
“Technical Support Services Guidelines” or "TSS Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the AUP;
(b) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html;
(c) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html;
(d) the Service Specific Terms;
(e) the SLA; and
(f) the Technical Support Services Guidelines.
Google Maps Platform Terms of Service
Last modified: June 7, 2018
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, or (vi) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC.
This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account to use the Services. Customer is responsible for the information it provides in connection with the Account, its passwords, and use of its Account.
1.4 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.5 Modifications.
1.5.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.5.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, or scrape Google Maps Content for use outside the Services. For example, Customer will not:(i) pre-fetch, cache, index, or store Google Maps Content for more than 30 days; (ii) bulk download geocodes; or (iii) copy business names, addresses, or user reviews.
(b) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content, including tracing, digitizing, or creating other datasets based on Google Maps Content.
(c) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(d) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(e) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees; prevent Google from accurately calculating Customer’s Service usage levels; abuse any free Service quotas; or offer access to the Services under a “time-sharing” or “service bureau” model.
(f) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(g) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(h) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
(i) No Use for High Risk Activities. Customer will not use the Google Maps Core Services for High Risk Activities.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
4.2 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement, including the applicable Services’ AUP and URL Terms; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.3 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.4 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.5 Data Use, Protection, and Privacy.
4.5.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.5.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.5.3 General Privacy Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide device identifiers and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (y) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (z) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide the Technical Support Services to Customer in accordance with the Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Subject to Section 10.2 (Required Disclosure), the recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.5 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. Where applicable, Customer may use Google Maps Content in accordance with the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademarkpolicy, which will be considered “Google’s prior written consent” for the permitted uses.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE AND SUITABLE FOR USE WITH GOOGLE MAPS.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use in accordance with the Agreement of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer's payment obligations.
17. Advertising.
Customer may configure the Service in its sole discretion to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, tradmarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Committed Purchase(s)" has the meaning provided in the Service Specific Terms.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than fifty percent of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including features) listed in the Admin Console.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided to Google by Customer.
"Fees" means the applicable fees for each Service and any applicable Taxes. The Fees for each Service are available at https://cloud.google.com/maps-platform/pricing/sheet/ (or other such URL provided by Google).
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation; (g) precision targeting.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Package Purchase" has the meaning set out in the Service Specific Terms.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content.
"Service Specific Terms" means the terms specific to one or more Services set forth here: https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits or other such proprietary computer software provided by Google in connection with the Services, which may be downloaded by Customer, and any updates Google may make to such Software.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
“Technical Support Services” or "TSS" means the technical support service provided by Google to Customer under the Technical Support Services Guidelines.
“Technical Support Services Guidelines” or "TSS Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the AUP;
(b) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html;
(c) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html;
(d) the Service Specific Terms;
(e) the SLA; and
(f) the Technical Support Services Guidelines.
Google Maps Platform Terms of Service
Last modified: July 9, 2018
This Google Maps Platform License Agreement takes effect on July 16, 2018.
If you are currently using the Google Maps Standard Plan, this Google Maps Platform License Agreement will govern your use of the Google Maps Platform as of July 16, 2018. The current Google Maps Platform Terms of Service, which govern your use of the Google Maps Platform until July 16, 2018, is available at https://developers.google.com/maps/terms.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, or (vi) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC.
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account to access the Admin Console through which Customer may administer its use of the Services. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, or scrape Google Maps Content for use outside the Services. For example, Customer will not:(i) pre-fetch, cache, index, or store Google Maps Content for more than 30 days; (ii) bulk download geocodes; or (iii) copy business names, addresses, or user reviews.
(b) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content, including tracing, digitizing, or creating other datasets based on Google Maps Content.
(c) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(d) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(e) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees; prevent Google from accurately calculating Customer’s Service usage levels; abuse any free Service quotas; or offer access to the Services under a “time-sharing” or “service bureau” model.
(f) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(g) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(h) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
(i) No Use for High Risk Activities. Customer will not use the Google Maps Core Services for High Risk Activities.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
4.2 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement, including the applicable Services’ AUP and URL Terms; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.3 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.4 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.5 Data Use, Protection, and Privacy.
4.5.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.5.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.5.3 General Privacy Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide device identifiers and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (y) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (z) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Subject to Section 10.2 (Required Disclosure), the recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.5 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. Where applicable, Customer may use Google Maps Content in accordance with the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademarkpolicy, which will be considered “Google’s prior written consent” for the permitted uses.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use in accordance with the Agreement of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer's payment obligations.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of this Agreement (Payment Terms) will not apply to the Services; (c) any SLA obligation to Customer is subject to the terms of the Reseller Agreement; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, tradmarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Committed Purchase(s)" has the meaning provided in the Maps Service Specific Terms.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Package Purchase" has the meaning set out in the Maps Service Specific Terms.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
Google Maps Platform Terms of Service
Last modified: July 19, 2018
If you have entered into an offline variant of this Agreement, the terms below do not apply, and your offline agreement governs your use of the Google Maps Core Services.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, or (vi) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC.
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account to access the Admin Console through which Customer may administer its use of the Services. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, scrape, or cache Google Maps Content for use outside the Services. For example, Customer will not:(i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download geocodes; (iii) copy business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services. Caching is permitted for certain Services as described in the Maps Service Specific Terms.
(b) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content, including tracing, digitizing, or creating other datasets based on Google Maps Content.
(c) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(d) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(e) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees; prevent Google from accurately calculating Customer’s Service usage levels; abuse any free Service quotas; or offer access to the Services under a “time-sharing” or “service bureau” model.
(f) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(g) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(h) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
(i) No Use for High Risk Activities. Customer will not use the Google Maps Core Services for High Risk Activities.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
4.2 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement, including the applicable Services’ AUP and URL Terms; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.3 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.4 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.5 Data Use, Protection, and Privacy.
4.5.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.5.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.5.3 General Privacy Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide device identifiers and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (y) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (z) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Subject to Section 10.2 (Required Disclosure), the recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.5 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. Where applicable, Customer may use Google Maps Content in accordance with the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademarkpolicy, which will be considered “Google’s prior written consent” for the permitted uses.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use in accordance with the Agreement of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer's payment obligations.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of this Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, tradmarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Committed Purchase(s)" has the meaning provided in the Maps Service Specific Terms.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Package Purchase" has the meaning set out in the Maps Service Specific Terms.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
Google Maps Platform Terms of Service
Last modified: October 1, 2018
If you have entered into an offline variant of this Agreement, the terms below do not apply, and your offline agreement governs your use of the Google Maps Core Services.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan, New Zealand, or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, or (vi) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC. For Customers with a billing address in New Zealand, as of November 1, 2018, this Agreement is made and entered into by and between Customer and Google New Zealand Limited, with offices at PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010, as an authorized reseller in New Zealand of the Services and “Google” means Google Asia Pacific Pte. Ltd. and/or its affiliates (including Google New Zealand Limited) as the context requires.
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account to access the Admin Console through which Customer may administer its use of the Services. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, scrape, or cache Google Maps Content for use outside the Services. For example, Customer will not:(i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download geocodes; (iii) copy business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services. Caching is permitted for certain Services as described in the Maps Service Specific Terms.
(b) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content, including tracing, digitizing, or creating other datasets based on Google Maps Content.
(c) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(d) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(e) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees; prevent Google from accurately calculating Customer’s Service usage levels; abuse any free Service quotas; or offer access to the Services under a “time-sharing” or “service bureau” model.
(f) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(g) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(h) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
(i) No Use for High Risk Activities. Customer will not use the Google Maps Core Services for High Risk Activities.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
4.2 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement, including the applicable Services’ AUP and URL Terms; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.3 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.4 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.5 Data Use, Protection, and Privacy.
4.5.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.5.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.5.3 General Privacy Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide device identifiers and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (y) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (z) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Subject to Section 10.2 (Required Disclosure), the recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.5 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. Where applicable, Customer may use Google Maps Content in accordance with the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademarkpolicy, which will be considered “Google’s prior written consent” for the permitted uses.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use in accordance with the Agreement of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer's payment obligations.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of this Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, tradmarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Committed Purchase(s)" has the meaning provided in the Maps Service Specific Terms.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Package Purchase" has the meaning set out in the Maps Service Specific Terms.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
Google Maps Platform Terms of Service
Last modified: October 31, 2018
If you have entered into an offline variant of this Agreement, the terms below do not apply, and your offline agreement governs your use of the Google Maps Core Services.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer’s billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer’s billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan, New Zealand, or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, or (vi) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer’s billing address is in any country in the world other than those in EMEA and APAC. For Customers with a billing address in New Zealand, this Agreement is made and entered into by and between Customer and Google New Zealand Limited, with offices at PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010, as an authorized reseller in New Zealand of the Services and “Google” means Google Asia Pacific Pte. Ltd. and/or its affiliates (including Google New Zealand Limited) as the context requires.
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer’s access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account to access the Admin Console through which Customer may administer its use of the Services. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google’s measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement’s terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, scrape, or cache Google Maps Content for use outside the Services. For example, Customer will not:(i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download geocodes; (iii) copy business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services. Caching is permitted for certain Services as described in the Maps Service Specific Terms.
(b) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content, including tracing, digitizing, or creating other datasets based on Google Maps Content.
(c) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(d) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(e) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees; prevent Google from accurately calculating Customer’s Service usage levels; abuse any free Service quotas; or offer access to the Services under a “time-sharing” or “service bureau” model.
(f) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(g) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(h) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
(i) No Use for High Risk Activities. Customer will not use the Google Maps Core Services for High Risk Activities.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
4.2 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement, including the applicable Services’ AUP and URL Terms; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.3 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.4 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google’s policy about responding to notices at https://www.google.com/dmca.html.
4.5 Data Use, Protection, and Privacy.
4.5.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.5.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.5.3 General Privacy Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide device identifiers and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (y) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (z) the combination and use of End User’s location with any other data provider’s data; and (ii) will not obtain or cache any End User’s location except with the End User’s express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. Subject to Section 10.2 (Required Disclosure), the recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.5 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. Where applicable, Customer may use Google Maps Content in accordance with the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademarkpolicy, which will be considered “Google’s prior written consent” for the permitted uses.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties’ use in accordance with the Agreement of Google Indemnified Materials infringes the third party’s Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party’s Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer’s payment obligations.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of this Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer’s discretion, Reseller may access Customer’s Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, tradmarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Committed Purchase(s)" has the meaning provided in the Maps Service Specific Terms.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Package Purchase" has the meaning set out in the Maps Service Specific Terms.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
Google Maps Platform Terms of Service
Last modified: May 02, 2019
If you have entered into an offline variant of this Agreement, the terms below do not apply, and your offline agreement governs your use of the Google Maps Core Services.
If your billing account is in Brazil, please review these Terms of Service, which apply to your use of Google Cloud Platform.
Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Maps Platform.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan, New Zealand, or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, (vi) Google Cloud Canada Corporation, with offices at 111 Richmond Street West, Toronto, ON M5H 2G4, Canada, if Customer’s billing address is in Canada, or (vii) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC. For Customers with a billing address in New Zealand, this Agreement is made and entered into by and between Customer and Google New Zealand Limited, with offices at PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010, as an authorized reseller in New Zealand of the Services and “Google” means Google Asia Pacific Pte. Ltd. and/or its affiliates (including Google New Zealand Limited) as the context requires.
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) Terms of Service and Privacy Policy. The Customer Application’s terms of service will (A) notify users that the Customer Application includes Google Maps features and content; and (B) state that use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/. If the Customer Application allows users to include the Google Maps Core Services in Downstream Products, then Customer will contractually require that all Downstream Products’ terms of service satisfy the same notice and flow-down requirements that apply to the Customer Application under Section 3.2.3(a)(Terms of Service and Privacy Policy). If users of the Customer Application (and Downstream Products, if any) fail to comply with applicable terms of the Google Maps/Google Earth Additional Terms of Service, then Customer will take appropriate enforcement action, including suspending or terminating those users’ use of Google Maps features and content in the Customer Application or Downstream Products.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, or otherwise scrape Google Maps Content for use outside the Services. For example, Customer will not: (i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download Google Maps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services.
(b) No Caching. Customer will not cache Google Maps Content except as expressly permitted under the Maps Service Specific Terms.
(c) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content. For example, Customer will not: (i) trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite base map type; (ii) create 3D building models from 45° Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; or (vi) convert text-based driving times into synthesized speech results.
(d) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(e) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(f) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees, prevent Google from accurately calculating Customer’s Service usage levels, abuse any free Service quotas, or offer access to the Services under a “time-sharing” or “service bureau” model.
(g) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(h) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(i) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.2 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.3 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.4 Data Use, Protection, and Privacy.
4.4.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.4.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.4.3 End User Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide personally identifiable information and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (1) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (2) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application with 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. Subject to Section 10.2 (Required Disclosure), the recipient will use the other party’s Confidential Information only to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to parties other than the recipient’s employees, Affiliates, agents, or professional advisors (“Delegates”) who need to know it and who have a legal obligation to keep it confidential. The recipient will ensure that its Delegates are also subject to the same non-disclosure and use obligations.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.4 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the AUP or in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), SAVINGS, GOODWILL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or Customer's payment obligations.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of this Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web domain or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
"Term" has the meaning stated in Section 1.6 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
Google Maps Platform Terms of Service
Last modified: November 21, 2019
This is not the current version of this document and is provided for archival purposes.View the current version
If you have entered into an offline variant of this Agreement, the terms below do not apply, and your offline agreement governs your use of the Google Maps Core Services.
If your billing account is in Brazil, please review these Terms of Service, which apply to your use of Google Cloud Platform.
Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Maps Platform.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with a billing address in Japan, South Korea, New Zealand, or Australia, (iv) Google Cloud Canada Corporation, with offices at 111 Richmond Street West, Toronto, ON M5H 2G4, Canada, if Customer’s billing address is in Canada, or (v) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in Canada, EMEA and APAC.
For Customers with a billing address in Japan, South Korea, Australia, or New Zealand, "Google" means Google Asia Pacific Pte. Ltd and/or its affiliates as the context requires, provided further that: this Agreement is made and entered into by and between Customer and the following entity as an authorized reseller of the Services:
for customers in Australia: Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia;
for customers in Japan: Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo;
for customers in South Korea: Google Cloud Korea LLC, with offices at Gangnam Finance Center 20fl., 152 Teheran-ro, Gangnam-gu, Seoul, South Korea; and
for customers in New Zealand: Google New Zealand Limited, with offices at PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010.
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
For an offline variant of this Agreement, you may contact Google for more information.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the applicable SLA, and Customer may use the Google Maps Core Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Google may make changes to the Services, subject to Section 9 (Deprecation Policy), which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents). Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days advance notice for materially adverse changes to any SLAs by: (a) sending an email to Customer’s primary point of contact; (b) posting a notice in the Admin Console; or (c) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (a) Customer’s use of the Services during the previous Fee Accrual Period; (b) any Committed Purchases selected; and (c) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach under Section 11.2 (Termination for Breach).
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to this Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s), which may be: (a) fee-based or non-fee-based; (b) public/external or private/internal; (c) business-to-business or business-to-consumer; or (d) asset tracking.
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2, the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.2 General Restrictions. Unless Google specifically agrees in writing, Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, or otherwise make the Services available as a commercial offering to a third party; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services; or (v) to transmit, store, or process Protected Health Information (as defined in and subject to HIPAA).
3.2.3 Requirements for Using the Services.
(a) Terms of Service and Privacy Policy. The Customer Application’s terms of service will (A) notify users that the Customer Application includes Google Maps features and content; and (B) state that use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/. If the Customer Application allows users to include the Google Maps Core Services in Downstream Products, then Customer will contractually require that all Downstream Products’ terms of service satisfy the same notice and flow-down requirements that apply to the Customer Application under Section 3.2.3(a)(Terms of Service and Privacy Policy). If users of the Customer Application (and Downstream Products, if any) fail to comply with applicable terms of the Google Maps/Google Earth Additional Terms of Service, then Customer will take appropriate enforcement action, including suspending or terminating those users’ use of Google Maps features and content in the Customer Application or Downstream Products.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.4 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not extract, export, or otherwise scrape Google Maps Content for use outside the Services. For example, Customer will not: (i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download Google Maps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services.
(b) No Caching. Customer will not cache Google Maps Content except as expressly permitted under the Maps Service Specific Terms.
(c) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content. For example, Customer will not: (i) trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite base map type; (ii) create 3D building models from 45° Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; or (vi) convert text-based driving times into synthesized speech results.
(d) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(e) No Use With Non-Google Maps. Customer will not use the Google Maps Core Services in a Customer Application that contains a non-Google map. For example, Customer will not (i) display Places listings on a non-Google map, or (ii) display Street View imagery and non-Google maps in the same Customer Application.
(f) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees, prevent Google from accurately calculating Customer’s Service usage levels, abuse any free Service quotas, or offer access to the Services under a “time-sharing” or “service bureau” model.
(g) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(h) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(i) No Modifying Search Results Integrity. Customer will not modify any of the Service’s search results.
3.2.5 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement; and (b) use commercially reasonable efforts to prevent, promptly notify Google of, and terminate any unauthorized use of or access to its Account(s) or the Services.
4.2 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.3 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.4 Data Use, Protection, and Privacy.
4.4.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google must receive and collect data from End Users and Customer, including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.4.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.4.3 End User Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. If Customer has End Users in the European Economic Area, Customer will comply with the EU End User Consent Policy at https://www.google.com/about/company/user-consent-policy.html.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide personally identifiable information and Personal Data directly to Google, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/. However, Customer acknowledges and agrees that Customer will not provide these categories of data to Google.
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (1) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (2) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Violations. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Violations or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Violations) and 5.2.2 (Emergency Security Issues). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will give Customer notice of such violation by requesting that Customer correct the violation. If Customer fails to correct such violation within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Security Issues. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use immediately to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend distributing or selling the Customer Application with 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Services and Software.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
9.1 Google will notify Customer at least 12 months before making material discontinuance(s) or backwards incompatible change(s) to the Services, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a (i) security risk or (ii) substantial economic or technical burden.
9.2 Section 9.1 applies to the Services listed at https://cloud.google.com/maps-platform/terms/maps-deprecation/. If Google deprecates any Services that are not listed at the above URL, Google will use commercially reasonable efforts to minimize the adverse impacts of such deprecations.
10. Confidential Information.
10.1 Obligations. Subject to Section 10.2 (Required Disclosure), the recipient will use the other party’s Confidential Information only to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to parties other than the recipient’s employees, Affiliates, agents, or professional advisors (“Delegates”) who need to know it and who have a legal obligation to keep it confidential. The recipient will ensure that its Delegates are also subject to the same non-disclosure and use obligations.
10.2 Required Disclosure. The recipient may disclose the other party’s Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; and/or (iii) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated under this Section.
11.2 Termination for Breach. Either party may terminate this Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google reserves the right to terminate provision of Service(s) to a Project on 30 days advance notice if, for more than 180 days, such Project (a) has not made any requests to the Services from any Customer Applications; or (b) such Project has not incurred any Fees for such Service(s).
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement is terminated, then: (a) the rights granted by one party to the other will immediately cease; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.4 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 20 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 By Customer. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the AUP or in violation of the Agreement.
15.2 By Google. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that Customer Indemnified Parties' use of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Exclusions. This Section 15 will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Conditions. Sections 15.1 and 15.2 will apply only to the extent:
(a) The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 or 15.2 (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings covered by this Section 15 (Indemnification).
16. Limitation of Liability.
16.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR PROFITS (WHETHER DIRECT OR INDIRECT), SAVINGS, GOODWILL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY OR LICENSOR, AS APPLICABLE, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
16.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AND GOOGLE’S LICENSORS, MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16.3 Exceptions to Limitations. These limitations of liability do not apply to violations of a party’s Intellectual Property Rights by the other party or Customer's payment obligations.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
19.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
19.8 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
19.11.1 For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
19.11.2 For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
19.11.3 For All Other Entities. If Customer is any entity not listed in Section 19.11.1 or 19.11.2 then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.5.2 (Modifications; To the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
19.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The terms located at any URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.
19.15 Conflicting Translations. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of this Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services at: https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web page or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the Google documentation (as may be updated) in the form generally made available by Google for use with the Services at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area or Switzerland.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the threshold (as may be updated), as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines at https://cloud.google.com/maps-platform/terms/tssg/.
"Personal Data" has the meaning provided in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized unaffiliated third-party reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest.
"Term" has the meaning stated in Section 11.1 of this Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html; and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
Google Maps Platform Terms of Service
Last modified: April 2, 2020
If your billing address is in Brazil, please review these Terms of Service, which apply to your use of Google Maps Platform.
Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Maps Platform.
If your billing address is in Indonesia, please review these Terms of Service, which apply to your use of Google Maps Platform.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google (as defined in Section 21 (Definitions)) and the entity or person agreeing to these terms ("Customer").
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (a) you have full legal authority to bind Customer to this Agreement; (b) you have read and understand this Agreement; and (c) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the Agreement, and Customer may use the Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Subject to Section 9 (Deprecation Policy), Google may make changes to the Services, which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to the Agreement, including pricing and any linked documents. Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except (a) materially adverse SLA changes will become effective 90 days after notice is given; and (b) changes applicable to new Services or functionality, or required by a court order or applicable law, will be effective immediately. Google will provide notice for materially adverse changes to any SLAs by: (i) sending an email to the Notification Email Address; (ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on Customer’s use of the Services during the previous Fee Accrual Period. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receive payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If Google determines that Fees were incorrectly invoiced, then Google will issue a credit equal to the agreed amount. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Nothing in the Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. If Customer’s payment is overdue, then Google may (a) charge interest on overdue amounts at 1.5% per month (or the highest rate permitted by law, if less) from the Payment Due Date until paid in full, and (b) Suspend the Services or terminate the Agreement. Customer will reimburse Google for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting overdue payments except where such payments are due to Google’s billing inaccuracies.
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to the Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s).
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1 (License Grant). In this Section 3.2 (License Requirements and Restrictions), the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.1 General Restrictions. Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, sublicense, transfer, or distribute the Services; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) in a manner that breaches, or causes the breach of, Export Control Laws; or (v) to transmit, store, or process health information subject to United States HIPAA regulations.
3.2.2 Requirements for Using the Services.
(a) Terms of Service and Privacy Policy.
(i) The Customer Application’s terms of service will (A) notify users that the Customer Application includes Google Maps features and content; and (B) state that use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
(ii) If the Customer Application allows users to include the Google Maps Core Services in Downstream Products, then Customer will contractually require that all Downstream Products’ terms of service satisfy the same notice and flow-down requirements that apply to the Customer Application under Section 3.2.2 (a) (i) (Terms of Service and Privacy Policy).
(iii) If users of the Customer Application (and Downstream Products, if any) fail to comply with the applicable terms of the Google Maps/Google Earth Additional Terms of Service, then Customer will take appropriate enforcement action, including Suspending or terminating those users’ use of Google Maps features and content in the Customer Application or Downstream Products.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.3 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not export, extract, or otherwise scrape Google Maps Content for use outside the Services. For example, Customer will not: (i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download Google Maps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services.
(b) No Caching. Customer will not cache Google Maps Content except as expressly permitted under the Maps Service Specific Terms.
(c) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content. For example, Customer will not: (i) trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite base map type; (ii) create 3D building models from 45° Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; or (vi) convert text-based driving times into synthesized speech results.
(d) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(e) No Use With Non-Google Maps. To avoid quality issues and/or brand confusion, Customer will not use the Google Maps Core Services with or near a non-Google Map in a Customer Application. For example, Customer will not (i) display or use Places content on a non-Google map, (ii) display Street View imagery and non-Google maps on the same screen, or (iii) link a Google Map to non-Google Maps content for a non-Google map.
(f) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees, prevent Google from accurately calculating Customer’s Service usage levels, abuse any free Service quotas, or offer access to the Services under a “time-sharing” or “service bureau” model.
(g) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(h) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(i) No Use in Customer Application Directed To Children. Customer will not use the Google Maps Core Services in a Customer Application that would be deemed to be a “Web site or online service directed to children” under the Children’s Online Privacy Protection Act (COPPA).
(j) No Modifying Search Results Integrity. Customer will not modify any of the Google Maps Core Service’s search results.
3.2.4 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement; (b) prevent and terminate any unauthorized use of or access to its Account(s) or the Services; and (c) promptly notify Google of any unauthorized use of or access to its Account(s) or the Services of which Customer becomes aware.
4.2 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.3 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally without input from the copyright holders. Google will respond to notices of alleged copyright infringement and may terminate repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act. If Customer believes a person or entity is infringing Customer’s or End Users’ copyrights and would like to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.4 Data Use, Protection, and Privacy.
4.4.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google collects and receives data from Customer and End Users (and End Users’ End Users, if any), including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.4.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.4.3 End User Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. Customer will comply with the then-current Consent Policy at https://www.google.com/about/company/user-consent-policy.html, if applicable.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide personally identifiable information and Personal Data directly to Google, subject to the then-current Google Privacy Policy at https://www.google.com/policies/privacy/. (a) However, Customer will not provide to Google (i) any End User’s personally identifiable information; or (ii) any European End User’s Personal Data (where “European” means “European Economic Area, Switzerland, or the UK”).
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (1) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (2) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Breaches. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Breaches or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Breaches) and 5.2.2 (Emergency Suspension). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Breaches. If Google becomes aware that Customer’s or any End User’s use of the Services breaches the AUP, Google will give Customer notice of such breach by requesting that Customer correct the breach. If Customer fails to correct such breach within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Suspension. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend all use of the Google Maps Core Services in the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 (For Alleged Third-Party Intellectual Property Rights Infringement) does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in the Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Google Maps Core Services.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
Google will notify Customer at least 12 months before making a Significant Deprecation, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a security risk or substantial economic or technical burden.
10. Confidentiality.
10.1 Confidentiality Obligations. Subject to Section 10.2 (Required Disclosure), the recipient will use the other party’s Confidential Information only to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to parties other than the recipient’s employees, Affiliates, agents, or professional advisors (“Delegates”) who need to know it and are subject to confidentiality obligations at least as protective as those in this Section 10.1 (Confidentiality Obligations).
10.2 Required Disclosure.
10.2.1 Subject to Section 10.2.2, the recipient and its Affiliates may disclose the other party’s Confidential Information to the extent required by applicable Legal Process, If the recipient and its Affiliates (as applicable) use commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure.
10.2.2 Sections 10.2.1(a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.
10.2.3 As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The Agreement is effective from the Effective Date until it is terminated in accordance with its terms (the “Term”).
11.2 Termination for Breach. Either party may terminate the Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; (b) the other party ceases its business operations; or (c) becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Google may terminate Projects or access to Services, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google may terminate Projects with 30 days' prior written notice if such Project (a) has not made any requests to the Services from any Customer Applications for more than 180 days; or (b) has not incurred any Fees for more than 180 days.
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate the Agreement for its convenience at any time with 30 days' prior written notice. Google may terminate the Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement terminates, then: (a) the rights and access to the Services will terminate; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.4 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 21 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT (i) GOOGLE MAPS ARE SUITABLE FOR THE CUSTOMER APPLICATION; AND (ii) THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 Customer Indemnification Obligations. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the AUP or in violation of the Agreement.
15.2 Google Indemnification Obligations. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an Allegation that Customer Indemnified Parties' use of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Indemnification Exclusions. Sections 15.1 (Customer Indemnification Obligations) and 15.2 (Google Indemnification Obligations) will not apply to the extent the underlying Allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the Customer Indemnified Materials or Google Indemnified Materials (as applicable)s with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Indemnification Conditions. Sections 15.1 (Customer Indemnification Obligations) and 15.2 (Google Indemnification Obligations) are conditioned on the following:
(a) The indemnified party must promptly notify the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 (Customer Indemnification Obligations) or 15.2 (Google Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may Suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 15 (Indemnification).
16. Liability.
16.1 Limited Liabilities
(a) To the extent permitted by applicable law and subject to Section 16.2 (Unlimited Liabilities), neither party and Google’s licensors will have any Liability arising out of or relating to the Agreement for any (i) indirect, consequential, special, incidental, or punitive damages or (ii) lost revenues, profits, savings, or goodwill.
(b) Each party’s total aggregate Liability for damages arising out of or relating to the Agreement is limited to the Fees Customer paid under the Agreement during the 12 month period before the event giving rise to Liability.
16.2 Unlimited Liabilities. Nothing in the Agreement excludes or limits either party’s Liability for:
(a) its infringement of the other party’s Intellectual Property Rights
(b) its payment obligations under the Agreement; or
(c) matters for which liability cannot be excluded or limited under applicable law.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed: (a) in the case of Google, to Google’s Legal Department at legal-notices@google.com; and (b) in the case of Customer, to the Notification Email Address. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Customer may not assign the Agreement without the written consent of Google, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of the Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt by Customer to assign is void. Google may assign the Agreement without the written consent of Customer by notifying Customer of the assignment.
19.3 Change of Control. If a party experiences a change of Control other than an internal restructuring or reorganization, then: (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate the Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. The Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement.
19.8 Severability. If any part of the Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. The Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in the Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
(a) For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
(b) For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
(c) For All Other Entities. If Customer is any entity not listed in Section 19.11 (A) (For U.S. City, County, and State Government Entities) or 19.11(B) (For U.S. Federal Government Entities) then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.6.2 (Modifications; To the Agreement), any amendment to the Agreement must be in writing, expressly state that it is amending this Agreement, and be signed by both parties.
19.13 Entire Agreement. The Agreement states all terms agreed between the parties and supersedes any prior or contemporaneous agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in the Agreement. The Agreement includes URL links to other terms (including the URL Terms), which are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in the Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up the Agreement, then the documents will control in the following order: the Agreement and the terms at any URL.
19.15 Conflicting Languages. If the Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of the Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), and the Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services described at https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means each party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web page or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the then-current Google documentation described at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in breach of the AUP, which such use could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area, Switzerland, or the UK.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the then-current threshold, as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google" means the Google entity corresponding to Customer’s billing address below:
Country or Region of Customer’s billing address: Google entity:
(1) United States and all other countries not otherwise listed below Google LLC
1600 Amphitheatre Parkway, Mountain View, California 94043, USA
(2) Any country in the Asia Pacific region (“APAC”), except the countries listed in rows 6-9. Google Asia Pacific Pte. Ltd.
70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371
(3) Any country in Europe, the Middle East, or Africa (“EMEA”), except as described in row 4: Google Ireland Limited
Gordon House Barrow Street, Dublin 4, Ireland
(4) Customer is located in the European Union, the UK, or Turkey and has chosen “non-business” for its tax status/setting for its Google Account Google Commerce Limited
Gordon House, Barrow Street, Dublin 4, Ireland
(5) Canada Google Cloud Canada Corporation
111 Richmond Street West, Toronto, ON M5H 2G4, Canada
For rows 6-9, “Google” means Google Asia Pacific Pte. Ltd and/or its affiliates as the context requires, provided further that the Agreement is made and entered into by and between Customer and the Google entity corresponding to Customer’s billing address below as an authorized reseller of the Services.
(6) Australia Google Australia Pty Ltd.
Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia
(7) Japan Google Cloud Japan G.K.
Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, Japan
(8) New Zealand Google New Zealand Limited
PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010, an authorized reseller and the contracting party in New Zealand of Services provided by Google Asia Pacific Pte. Ltd.
(9) South Korea Google Cloud Korea
Gangnam Finance Center 20fl., 152 Teheran-ro, Gangnam-gu, Seoul, South Korea;
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means all patent rights, copyrights, trademark rights, rights in trade secrets (if any), design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
"Legal Process" means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Liability" means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services described at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines described at https://cloud.google.com/maps-platform/terms/tssg/.
"Personal Data" has the meaning given to it in: (a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“EU GDPR”); or (b) the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018 (“UK GDPR”), if in force, as applicable.
"Notification Email Address" means the email address(es) designated by Customer in the Admin Console.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized unaffiliated third-party reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"Significant Deprecation" means a material discontinuance or backwards incompatible change to the Google Maps Core Services described at https://cloud.google.com/maps-platform/terms/maps-deprecation/.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Suspend" or "Suspension " means disabling access to or use of the Services or components of the Services.
"Taxes" means any duties, customs fees, or government-imposed taxes associated with the purchase of the Services, including any related penalties or interest, except for taxes based on Google’s net income, net worth, asset value, property value, or employment.
"Term" has the meaning stated in Section 11.1 of the Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Legal Notices for Google Maps/Google Earth and Google Maps/Google Earth APIs at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
22. Regional Terms.
Customer agrees to the following modifications to the Agreement if Customer orders Services from the applicable Google entity as described below:
Asia Pacific PT Google Cloud Indonesia
1. The following is added as Section 11.6 (Termination Waiver):
11.6 Termination Waiver. The parties agree to waive any provisions under any applicable laws to the extent that a court decision or order is required for the termination of this Agreement.
2. Section 19.11 (Governing Law) is deleted and replaced with the following:
19.11 Governing Law.
(a) The parties will try in good faith to settle any dispute within 30 days after the dispute arises. If the dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of the Agreement ("Rules").
(b) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
(c) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
(d) Subject to the confidentiality requirements in Section 19.11(f), either party may petition any competent court to issue any order necessary to protect that party’s rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Section 19.11(d).
(e) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
(f) Any arbitration proceeding conducted in accordance with this Section will be considered Confidential Information under the Agreement’s confidentiality section, including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this Section 19.11(f) to a competent court as may be necessary to file any order under Section 19.11(d) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).
(g) The parties will pay the arbitrator’s fees, the arbitrator’s appointed experts’ fees and expenses, and the arbitration center’s administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party’s obligation to reimburse the amount paid in advance by the prevailing party for these fees.
(h) Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
(i) The parties agree that a decision of the arbitrators need not to be made within any specific time period.
3. Section 19.15 (Conflicting Languages) is deleted and replaced with the following:
19.15 Conflicting Languages. This Agreement is made in the Indonesian and the English language, and both versions are equally authentic. In the event of any inconsistency or different interpretation between the Indonesian version and the English version, the parties agree to amend the Indonesian version to make the relevant part of the Indonesian version consistent with the relevant part of the English version.
Google Maps Platform Terms of Service
Last modified: April 27, 2020
If your billing address is in Brazil, please review these Terms of Service, which apply to your use of Google Maps Platform.
Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Maps Platform.
If your billing address is in Indonesia, please review these Terms of Service, which apply to your use of Google Maps Platform.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google (as defined in Section 21 (Definitions)) and the entity or person agreeing to these terms ("Customer").
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (a) you have full legal authority to bind Customer to this Agreement; (b) you have read and understand this Agreement; and (c) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the Agreement, and Customer may use the Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Subject to Section 9 (Deprecation Policy), Google may make changes to the Services, which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to the Agreement, including pricing and any linked documents. Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except (a) materially adverse SLA changes will become effective 90 days after notice is given; and (b) changes applicable to new Services or functionality, or required by a court order or applicable law, will be effective immediately. Google will provide notice for materially adverse changes to any SLAs by: (i) sending an email to the Notification Email Address; (ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on Customer’s use of the Services during the previous Fee Accrual Period. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receive payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If Google determines that Fees were incorrectly invoiced, then Google will issue a credit equal to the agreed amount. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Nothing in the Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. If Customer’s payment is overdue, then Google may (a) charge interest on overdue amounts at 1.5% per month (or the highest rate permitted by law, if less) from the Payment Due Date until paid in full, and (b) Suspend the Services or terminate the Agreement. Customer will reimburse Google for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting overdue payments except where such payments are due to Google’s billing inaccuracies.
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to the Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s).
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1 (License Grant). In this Section 3.2 (License Requirements and Restrictions), the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.1 General Restrictions. Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, sublicense, transfer, or distribute the Services; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) in a manner that breaches, or causes the breach of, Export Control Laws; or (v) to transmit, store, or process health information subject to United States HIPAA regulations.
3.2.2 Requirements for Using the Services.
(a) Terms of Service and Privacy Policy.
(i) The Customer Application’s terms of service will (A) notify users that the Customer Application includes Google Maps features and content; and (B) state that use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
(ii) If the Customer Application allows users to include the Google Maps Core Services in Downstream Products, then Customer will contractually require that all Downstream Products’ terms of service satisfy the same notice and flow-down requirements that apply to the Customer Application under Section 3.2.2 (a) (i) (Terms of Service and Privacy Policy).
(iii) If users of the Customer Application (and Downstream Products, if any) fail to comply with the applicable terms of the Google Maps/Google Earth Additional Terms of Service, then Customer will take appropriate enforcement action, including Suspending or terminating those users’ use of Google Maps features and content in the Customer Application or Downstream Products.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.3 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not export, extract, or otherwise scrape Google Maps Content for use outside the Services. For example, Customer will not: (i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download Google Maps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services.
(b) No Caching. Customer will not cache Google Maps Content except as expressly permitted under the Maps Service Specific Terms.
(c) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content. For example, Customer will not: (i) trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite base map type; (ii) create 3D building models from 45° Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; or (vi) convert text-based driving times into synthesized speech results.
(d) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(e) No Use With Non-Google Maps. To avoid quality issues and/or brand confusion, Customer will not use the Google Maps Core Services with or near a non-Google Map in a Customer Application. For example, Customer will not (i) display or use Places content on a non-Google map, (ii) display Street View imagery and non-Google maps on the same screen, or (iii) link a Google Map to non-Google Maps content for a non-Google map.
(f) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees, prevent Google from accurately calculating Customer’s Service usage levels, abuse any free Service quotas, or offer access to the Services under a “time-sharing” or “service bureau” model.
(g) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(h) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(i) No Use in Customer Application Directed To Children. Customer will not use the Google Maps Core Services in a Customer Application that would be deemed to be a “Web site or online service directed to children” under the Children’s Online Privacy Protection Act (COPPA).
(j) No Modifying Search Results Integrity. Customer will not modify any of the Google Maps Core Service’s search results.
3.2.4 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement; (b) prevent and terminate any unauthorized use of or access to its Account(s) or the Services; and (c) promptly notify Google of any unauthorized use of or access to its Account(s) or the Services of which Customer becomes aware.
4.2 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.3 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally without input from the copyright holders. Google will respond to notices of alleged copyright infringement and may terminate repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act. If Customer believes a person or entity is infringing Customer’s or End Users’ copyrights and would like to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.4 Data Use, Protection, and Privacy.
4.4.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google collects and receives data from Customer and End Users (and End Users’ End Users, if any), including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.4.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.4.3 End User Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. Customer will comply with the then-current Consent Policy at https://www.google.com/about/company/user-consent-policy.html, if applicable.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide personally identifiable information and Personal Data directly to Google, subject to the then-current Google Privacy Policy at https://www.google.com/policies/privacy/. (a) However, Customer will not provide to Google (i) any End User’s personally identifiable information; or (ii) any European End User’s Personal Data (where “European” means “European Economic Area, Switzerland, or the UK”).
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (1) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (2) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Breaches. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Breaches or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Breaches) and 5.2.2 (Emergency Suspension). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Breaches. If Google becomes aware that Customer’s or any End User’s use of the Services breaches the AUP, Google will give Customer notice of such breach by requesting that Customer correct the breach. If Customer fails to correct such breach within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Suspension. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend all use of the Google Maps Core Services in the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 (For Alleged Third-Party Intellectual Property Rights Infringement) does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in the Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Google Maps Core Services.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
Google will notify Customer at least 12 months before making a Significant Deprecation, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a security risk or substantial economic or technical burden.
10. Confidentiality.
10.1 Confidentiality Obligations. Subject to Section 10.2 (Required Disclosure), the recipient will use the other party’s Confidential Information only to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to parties other than the recipient’s employees, Affiliates, agents, or professional advisors (“Delegates”) who need to know it and are subject to confidentiality obligations at least as protective as those in this Section 10.1 (Confidentiality Obligations).
10.2 Required Disclosure.
10.2.1 Subject to Section 10.2.2, the recipient and its Affiliates may disclose the other party’s Confidential Information to the extent required by applicable Legal Process, If the recipient and its Affiliates (as applicable) use commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure.
10.2.2 Sections 10.2.1(a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.
10.2.3 As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The Agreement is effective from the Effective Date until it is terminated in accordance with its terms (the “Term”).
11.2 Termination for Breach. Either party may terminate the Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; (b) the other party ceases its business operations; or (c) becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Google may terminate Projects or access to Services, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google may terminate Projects with 30 days' prior written notice if such Project (a) has not made any requests to the Services from any Customer Applications for more than 180 days; or (b) has not incurred any Fees for more than 180 days.
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate the Agreement for its convenience at any time with 30 days' prior written notice. Google may terminate the Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement terminates, then: (a) the rights and access to the Services will terminate; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.4 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 21 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT (i) GOOGLE MAPS ARE SUITABLE FOR THE CUSTOMER APPLICATION; AND (ii) THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 Customer Indemnification Obligations. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the AUP or in violation of the Agreement.
15.2 Google Indemnification Obligations. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an Allegation that Customer Indemnified Parties' use of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Indemnification Exclusions. Sections 15.1 (Customer Indemnification Obligations) and 15.2 (Google Indemnification Obligations) will not apply to the extent the underlying Allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the Customer Indemnified Materials or Google Indemnified Materials (as applicable)s with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Indemnification Conditions. Sections 15.1 (Customer Indemnification Obligations) and 15.2 (Google Indemnification Obligations) are conditioned on the following:
(a) The indemnified party must promptly notify the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 (Customer Indemnification Obligations) or 15.2 (Google Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may Suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 15 (Indemnification).
16. Liability.
16.1 Limited Liabilities
(a) To the extent permitted by applicable law and subject to Section 16.2 (Unlimited Liabilities), neither party and Google’s licensors will have any Liability arising out of or relating to the Agreement for any (i) indirect, consequential, special, incidental, or punitive damages or (ii) lost revenues, profits, savings, or goodwill.
(b) Each party’s total aggregate Liability for damages arising out of or relating to the Agreement is limited to the Fees Customer paid under the Agreement during the 12 month period before the event giving rise to Liability.
16.2 Unlimited Liabilities. Nothing in the Agreement excludes or limits either party’s Liability for:
(a) its infringement of the other party’s Intellectual Property Rights
(b) its payment obligations under the Agreement; or
(c) matters for which liability cannot be excluded or limited under applicable law.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed: (a) in the case of Google, to Google’s Legal Department at legal-notices@google.com; and (b) in the case of Customer, to the Notification Email Address. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Customer may not assign the Agreement without the written consent of Google, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of the Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt by Customer to assign is void. Google may assign the Agreement without the written consent of Customer by notifying Customer of the assignment.
19.3 Change of Control. If a party experiences a change of Control other than an internal restructuring or reorganization, then: (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate the Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. The Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement.
19.8 Severability. If any part of the Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. The Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in the Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
(a) For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
(b) For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
(c) For All Other Entities. If Customer is any entity not listed in Section 19.11 (A) (For U.S. City, County, and State Government Entities) or 19.11(B) (For U.S. Federal Government Entities) then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.6.2 (Modifications; To the Agreement), any amendment to the Agreement must be in writing, expressly state that it is amending this Agreement, and be signed by both parties.
19.13 Entire Agreement. The Agreement states all terms agreed between the parties and supersedes any prior or contemporaneous agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in the Agreement. The Agreement includes URL links to other terms (including the URL Terms), which are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in the Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up the Agreement, then the documents will control in the following order: the Agreement and the terms at any URL.
19.15 Conflicting Languages. If the Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of the Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), and the Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services described at https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means each party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web page or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the then-current Google documentation described at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in breach of the AUP, which such use could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area, Switzerland, or the UK.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the then-current threshold, as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google" means the Google entity corresponding to Customer’s billing address below:
Country or Region of Customer’s billing address: Google entity:
(1) United States and all other countries not otherwise listed below Google LLC
1600 Amphitheatre Parkway, Mountain View, California 94043, USA
(2) Any country in the Asia Pacific region (“APAC”), except the countries listed in rows 6-9. Google Asia Pacific Pte. Ltd.
70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371
(3) Any country in Europe, the Middle East, or Africa (“EMEA”), except as described in row 4: Google Ireland Limited
Gordon House Barrow Street, Dublin 4, Ireland
(4) Customer is located in the European Union, the UK, or Turkey and has chosen “non-business” for its tax status/setting for its Google Account Google Commerce Limited
Gordon House, Barrow Street, Dublin 4, Ireland
(5) Canada Google Cloud Canada Corporation
111 Richmond Street West, Toronto, ON M5H 2G4, Canada
For rows 6-10, "Google" means Google Asia Pacific Pte. Ltd and/or its affiliates as the context requires, provided further that the Agreement is made and entered into by and between Customer and the Google entity corresponding to Customer’s billing address below as an authorized reseller of the Services.
(6) Australia Google Australia Pty Ltd.
Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia
(7) Indonesia PT Google Cloud Indonesia
Pacific Century Place Tower, Level 45, Sudirman Central Business District, Lot 10, Jalan Jendral Sudirman Kav 52-53 Jakarta, Indonesia 12190
(8) Japan Google Cloud Japan G.K.
Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, Japan
(9) New Zealand Google New Zealand Limited
PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010, an authorized reseller and the contracting party in New Zealand of Services provided by Google Asia Pacific Pte. Ltd.
(10) South Korea Google Cloud Korea
Gangnam Finance Center 20fl., 152 Teheran-ro, Gangnam-gu, Seoul, South Korea;
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means all patent rights, copyrights, trademark rights, rights in trade secrets (if any), design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
"Legal Process" means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Liability" means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services described at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines described at https://cloud.google.com/maps-platform/terms/tssg/.
"Personal Data" has the meaning given to it in: (a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“EU GDPR”); or (b) the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018 (“UK GDPR”), if in force, as applicable.
"Notification Email Address" means the email address(es) designated by Customer in the Admin Console.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized unaffiliated third-party reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"Significant Deprecation" means a material discontinuance or backwards incompatible change to the Google Maps Core Services described at https://cloud.google.com/maps-platform/terms/maps-deprecation/.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Suspend" or "Suspension " means disabling access to or use of the Services or components of the Services.
"Taxes" means any duties, customs fees, or government-imposed taxes associated with the purchase of the Services, including any related penalties or interest, except for taxes based on Google’s net income, net worth, asset value, property value, or employment.
"Term" has the meaning stated in Section 11.1 of the Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Legal Notices for Google Maps/Google Earth and Google Maps/Google Earth APIs at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
22. Regional Terms.
Customer agrees to the following modifications to the Agreement if Customer orders Services from the applicable Google entity as described below:
Asia Pacific - Indonesia PT Google Cloud Indonesia
1. The following is added as Section 11.6 (Termination Waiver):
11.6 Termination Waiver. The parties agree to waive any provisions under any applicable laws to the extent that a court decision or order is required for the termination of this Agreement.
2. Section 19.11 (Governing Law) is deleted and replaced with the following:
19.11 Governing Law.
(a) The parties will try in good faith to settle any dispute within 30 days after the dispute arises. If the dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of the Agreement ("Rules").
(b) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
(c) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
(d) Subject to the confidentiality requirements in Section 19.11(f), either party may petition any competent court to issue any order necessary to protect that party’s rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Section 19.11(d).
(e) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
(f) Any arbitration proceeding conducted in accordance with this Section will be considered Confidential Information under the Agreement’s confidentiality section, including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this Section 19.11(f) to a competent court as may be necessary to file any order under Section 19.11(d) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).
(g) The parties will pay the arbitrator’s fees, the arbitrator’s appointed experts’ fees and expenses, and the arbitration center’s administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party’s obligation to reimburse the amount paid in advance by the prevailing party for these fees.
(h) Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
(i) The parties agree that a decision of the arbitrators need not to be made within any specific time period.
3. Section 19.15 (Conflicting Languages) is deleted and replaced with the following:
19.15 Conflicting Languages. This Agreement is made in the Indonesian and the English language, and both versions are equally authentic. In the event of any inconsistency or different interpretation between the Indonesian version and the English version, the parties agree to amend the Indonesian version to make the relevant part of the Indonesian version consistent with the relevant part of the English version.
Google Maps Platform Terms of Service
Last modified: May 6, 2020
If your billing address is in Brazil, please review these Terms of Service, which apply to your use of Google Maps Platform.
Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Maps Platform.
If your billing address is in Indonesia, please review these Terms of Service, which apply to your use of Google Maps Platform.
Google Maps Platform License Agreement
This Google Maps Platform License Agreement (the "Agreement") is made and entered into between Google (as defined in Section 21 (Definitions)) and the entity or person agreeing to these terms ("Customer").
This Agreement is effective as of the date Customer clicks to accept the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (a) you have full legal authority to bind Customer to this Agreement; (b) you have read and understand this Agreement; and (c) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Services.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. Google will provide the Services to Customer in accordance with the Agreement, and Customer may use the Services in Customer Application(s) in accordance with Section 3 (License).
1.2 Admin Console; Projects; API Keys. Customer will administer the Services through the online Admin Console. To access the Services, Customer must create Project(s) and use its API key(s) in accordance with the Documentation.
1.3 Accounts. Customer must have an Account. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 Customer Domains and Applications. Customer must list in the Admin Console each authorized domain and application that uses the Services. Customer is responsible for ensuring that only authorized domains and applications use the Services.
1.5 New Features and Services. Google may: (a) make new features or functionality available through the Services and (b) add new services to the "Services" definition (by adding them at the URL stated under that definition). Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.6 Modifications.
1.6.1 To the Services. Subject to Section 9 (Deprecation Policy), Google may make changes to the Services, which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services. Google will notify Customer of any material change to the Services.
1.6.2. To the Agreement. Google may make changes to the Agreement, including pricing and any linked documents. Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after notice is given, except (a) materially adverse SLA changes will become effective 90 days after notice is given; and (b) changes applicable to new Services or functionality, or required by a court order or applicable law, will be effective immediately. Google will provide notice for materially adverse changes to any SLAs by: (i) sending an email to the Notification Email Address; (ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. Google will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on Customer’s use of the Services during the previous Fee Accrual Period. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as stated in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes.
2.3.1 Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receive payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
2.3.2 If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date. If Google determines that Fees were incorrectly invoiced, then Google will issue a credit equal to the agreed amount. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Customer rights with its credit card issuer). Nothing in the Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. If Customer’s payment is overdue, then Google may (a) charge interest on overdue amounts at 1.5% per month (or the highest rate permitted by law, if less) from the Payment Due Date until paid in full, and (b) Suspend the Services or terminate the Agreement. Customer will reimburse Google for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting overdue payments except where such payments are due to Google’s billing inaccuracies.
2.6 No Purchase Order Number Required. Google is not required to provide a purchase order number on Google’s invoice (or otherwise).
3. License.
3.1 License Grant. Subject to the Agreement's terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s).
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1 (License Grant). In this Section 3.2 (License Requirements and Restrictions), the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.1 General Restrictions. Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, sublicense, transfer, or distribute the Services; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iv) in a manner that breaches, or causes the breach of, Export Control Laws; or (v) to transmit, store, or process health information subject to United States HIPAA regulations.
3.2.2 Requirements for Using the Services.
(a) Terms of Service and Privacy Policy.
(i) The Customer Application’s terms of service will (A) notify users that the Customer Application includes Google Maps features and content; and (B) state that use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
(ii) If the Customer Application allows users to include the Google Maps Core Services in Downstream Products, then Customer will contractually require that all Downstream Products’ terms of service satisfy the same notice and flow-down requirements that apply to the Customer Application under Section 3.2.2 (a) (i) (Terms of Service and Privacy Policy).
(iii) If users of the Customer Application (and Downstream Products, if any) fail to comply with the applicable terms of the Google Maps/Google Earth Additional Terms of Service, then Customer will take appropriate enforcement action, including Suspending or terminating those users’ use of Google Maps features and content in the Customer Application or Downstream Products.
(b) Attribution. Customer will display all attribution that (i) Google provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At Google’s request, Customer will submit Customer Application(s) and Project(s) to Google for review to ensure compliance with the Agreement (including the AUP).
3.2.3 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not export, extract, or otherwise scrape Google Maps Content for use outside the Services. For example, Customer will not: (i) pre-fetch, index, store, reshare, or rehost Google Maps Content outside the services; (ii) bulk download Google Maps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Google Maps Content with text-to-speech services.
(b) No Caching. Customer will not cache Google Maps Content except as expressly permitted under the Maps Service Specific Terms.
(c) No Creating Content From Google Maps Content. Customer will not create content based on Google Maps Content. For example, Customer will not: (i) trace or digitize roadways, building outlines, utility posts, or electrical lines from the Maps JavaScript API Satellite base map type; (ii) create 3D building models from 45° Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; or (vi) convert text-based driving times into synthesized speech results.
(d) No Re-Creating Google Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another Google product or service. Customer’s product or service must contain substantial, independent value and features beyond the Google products or services. For example, Customer will not: (i) re-distribute the Google Maps Core Services or pass them off as if they were Customer’s services; (ii) use the Google Maps Core Services to create a substitute of the Google Maps Core Services, Google Maps, or Google Maps mobile apps, or their features; (iii) use the Google Maps Core Services in a listings or directory service or to create or augment an advertising product; (iv) combine data from the Directions API, Geolocation API, and Maps SDK for Android to create real-time navigation functionality substantially similar to the functionality provided by the Google Maps for Android mobile app.
(e) No Use With Non-Google Maps. To avoid quality issues and/or brand confusion, Customer will not use the Google Maps Core Services with or near a non-Google Map in a Customer Application. For example, Customer will not (i) display or use Places content on a non-Google map, (ii) display Street View imagery and non-Google maps on the same screen, or (iii) link a Google Map to non-Google Maps content or a non-Google map.
(f) No Circumventing Fees. Customer will not circumvent the applicable Fees. For example, Customer will not create multiple billing accounts or Projects to avoid incurring Fees, prevent Google from accurately calculating Customer’s Service usage levels, abuse any free Service quotas, or offer access to the Services under a “time-sharing” or “service bureau” model.
(g) No Use in Prohibited Territories. Customer will not distribute or market in a Prohibited Territory any Customer Application(s) that use the Google Maps Core Services.
(h) No Use in Embedded Vehicle Systems. Customer will not use the Google Maps Core Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(i) No Use in Customer Application Directed To Children. Customer will not use the Google Maps Core Services in a Customer Application that would be deemed to be a “Web site or online service directed to children” under the Children’s Online Privacy Protection Act (COPPA).
(j) No Modifying Search Results Integrity. Customer will not modify any of the Google Maps Core Services’ search results.
3.2.4 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement; (b) prevent and terminate any unauthorized use of or access to its Account(s) or the Services; and (c) promptly notify Google of any unauthorized use of or access to its Account(s) or the Services of which Customer becomes aware.
4.2 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Services may be used and Customer will comply with any such restrictions specified.
4.3 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally without input from the copyright holders. Google will respond to notices of alleged copyright infringement and may terminate repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act. If Customer believes a person or entity is infringing Customer’s or End Users’ copyrights and would like to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at https://www.google.com/dmca.html.
4.4 Data Use, Protection, and Privacy.
4.4.1 Data Use and Retention. To provide the Services through the Customer Application(s), Google collects and receives data from Customer and End Users (and End Users’ End Users, if any), including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that Google and its Affiliates may use and retain this data to provide and improve Google products and services, subject to the Google Privacy Policy at https://www.google.com/policies/privacy/.
4.4.2 European Data Protection Terms. Google and Customer agree to the Google Maps Controller-Controller Data Protection Terms at https://cloud.google.com/maps-platform/terms/maps-controller-terms.
4.4.3 End User Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices. Customer will comply with the then-current Consent Policy at https://www.google.com/about/company/user-consent-policy.html, if applicable.
(b) End User Personal Data. Through the normal functioning of the Google Maps Core Services, End Users provide personally identifiable information and Personal Data directly to Google, subject to the then-current Google Privacy Policy at https://www.google.com/policies/privacy/. (a) However, Customer will not provide to Google (i) any End User’s personally identifiable information; or (ii) any European End User’s Personal Data (where “European” means “European Economic Area, Switzerland, or the UK”).
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (1) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (2) the combination and use of End User's location with any other data provider's data; and (ii) will not obtain or cache any End User's location except with the End User's express, prior, revocable consent.
5. Suspension.
5.1 For License Restrictions Breaches. Google may Suspend the Services without prior notice if Customer breaches Section 3.2 (License Requirements and Restrictions).
5.2 For AUP Breaches or Emergency Security Issues. Google may also Suspend Services as described in Subsections 5.2.1 (AUP Breaches) and 5.2.2 (Emergency Suspension). Any Suspension under those Sections will be to the minimum extent and for the shortest duration required to: (a) prevent or terminate the offending use, (b) prevent or resolve the Emergency Security Issue, or (c) comply with applicable law.
5.2.1 AUP Breaches. If Google becomes aware that Customer’s or any End User’s use of the Services breaches the AUP, Google will give Customer notice of such breach by requesting that Customer correct the breach. If Customer fails to correct such breach within 24 hours, or if Google is otherwise required by applicable law to take action, then Google may Suspend all or part of Customer’s use of the Services.
5.2.2 Emergency Suspension. Google may immediately Suspend Customer’s use of the Services if (a) there is an Emergency Security Issue or (b) Google is required to Suspend such use to comply with applicable law. At Customer’s request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.3 For Alleged Third-Party Intellectual Property Rights Infringement. If the Customer Application is alleged to infringe a third party’s Intellectual Property Rights, Google may require Customer to suspend all use of the Google Maps Core Services in the Customer Application on 30 days’ written notice until such allegation is fully resolved. In any event, this Section 5.3 (For Alleged Third-Party Intellectual Property Rights Infringement) does not reduce Customer’s obligations under Section 15 (Indemnification).
6. Intellectual Property Rights; Feedback.
6.1 Intellectual Property Rights. Except as expressly stated in the Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and Google owns all Intellectual Property Rights in the Google Maps Core Services.
6.2 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
7. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Google Maps/Google Earth Legal Notices at https://www.google.com/help/legalnotices_maps.html; and (b) separate, publicly-available third-party license terms, which Google will provide to Customer on request.
8. Technical Support Services.
8.1 By Google. Google will provide Maps Technical Support Services to Customer in accordance with the Maps Technical Support Services Guidelines.
8.2 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.
9. Deprecation Policy.
Google will notify Customer at least 12 months before making a Significant Deprecation, unless Google reasonably determines that: (a) Google cannot do so by law or by contract (including if there is a change in applicable law or contract) or (b) continuing to provide the Services could create a security risk or substantial economic or technical burden.
10. Confidentiality.
10.1 Confidentiality Obligations. Subject to Section 10.2 (Required Disclosure), the recipient will use the other party’s Confidential Information only to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to parties other than the recipient’s employees, Affiliates, agents, or professional advisors (“Delegates”) who need to know it and are subject to confidentiality obligations at least as protective as those in this Section 10.1 (Confidentiality Obligations).
10.2 Required Disclosure.
10.2.1 Subject to Section 10.2.2, the recipient and its Affiliates may disclose the other party’s Confidential Information to the extent required by applicable Legal Process, If the recipient and its Affiliates (as applicable) use commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure.
10.2.2 Sections 10.2.1(a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could: (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.
10.2.3 As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.
11. Term and Termination.
11.1 Agreement Term. The Agreement is effective from the Effective Date until it is terminated in accordance with its terms (the “Term”).
11.2 Termination for Breach. Either party may terminate the Agreement for breach if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; (b) the other party ceases its business operations; or (c) becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Google may terminate Projects or access to Services, if Customer meets any of the conditions in subsections (a) or (b).
11.3 Termination for Inactivity. Google may terminate Projects with 30 days' prior written notice if such Project (a) has not made any requests to the Services from any Customer Applications for more than 180 days; or (b) has not incurred any Fees for more than 180 days.
11.4 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate the Agreement for its convenience at any time with 30 days' prior written notice. Google may terminate the Agreement for its convenience at any time without liability to Customer.
11.5 Effects of Termination.
11.5.1 If the Agreement terminates, then: (a) the rights and access to the Services will terminate; (b) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; and (c) Customer will delete the Software and any content from the Services by the termination effective date.
11.5.2 The following will survive expiration or termination of the Agreement: Section 2 (Payment Terms), Section 3.2 (License Requirements and Restrictions), Section 4.4 (Data Use, Protection, and Privacy), Section 6 (Intellectual Property; Feedback), Section 10 (Confidential Information), Section 11.5 (Effects of Termination), Section 14 (Disclaimer), Section 15 (Indemnification), Section 16 (Limitation of Liability), Section 19 (Miscellaneous), and Section 21 (Definitions).
12. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
13. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
14. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. GOOGLE MAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE GOOGLE MAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT (i) GOOGLE MAPS ARE SUITABLE FOR THE CUSTOMER APPLICATION; AND (ii) THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
15. Indemnification.
15.1 Customer Indemnification Obligations. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the AUP or in violation of the Agreement.
15.2 Google Indemnification Obligations. Google will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an Allegation that Customer Indemnified Parties' use of Google Indemnified Materials infringes the third party's Intellectual Property Rights.
15.3 Indemnification Exclusions. Sections 15.1 (Customer Indemnification Obligations) and 15.2 (Google Indemnification Obligations) will not apply to the extent the underlying Allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the Customer Indemnified Materials or Google Indemnified Materials (as applicable)s with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
15.4 Indemnification Conditions. Sections 15.1 (Customer Indemnification Obligations) and 15.2 (Google Indemnification Obligations) are conditioned on the following:
(a) The indemnified party must promptly notify the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 (Customer Indemnification Obligations) or 15.2 (Google Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
15.5 Remedies.
(a) If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If Google does not believe the remedies in Section 15.5(a) are commercially reasonable, then Google may Suspend or terminate Customer’s use of the impacted Services.
15.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 15 (Indemnification).
16. Liability.
16.1 Limited Liabilities
(a) To the extent permitted by applicable law and subject to Section 16.2 (Unlimited Liabilities), neither party and Google’s licensors will have any Liability arising out of or relating to the Agreement for any (i) indirect, consequential, special, incidental, or punitive damages or (ii) lost revenues, profits, savings, or goodwill.
(b) Each party’s total aggregate Liability for damages arising out of or relating to the Agreement is limited to the Fees Customer paid under the Agreement during the 12 month period before the event giving rise to Liability.
16.2 Unlimited Liabilities. Nothing in the Agreement excludes or limits either party’s Liability for:
(a) its infringement of the other party’s Intellectual Property Rights
(b) its payment obligations under the Agreement; or
(c) matters for which liability cannot be excluded or limited under applicable law.
17. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by Google.
18. U.S. Federal Agency Users.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.
19. Miscellaneous.
19.1 Notices. All notices must be in writing and addressed: (a) in the case of Google, to Google’s Legal Department at legal-notices@google.com; and (b) in the case of Customer, to the Notification Email Address. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
19.2 Assignment. Customer may not assign the Agreement without the written consent of Google, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of the Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt by Customer to assign is void. Google may assign the Agreement without the written consent of Customer by notifying Customer of the assignment.
19.3 Change of Control. If a party experiences a change of Control other than an internal restructuring or reorganization, then: (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate the Agreement any time between the change of Control and 30 days after it receives that written notice.
19.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
19.5 Subcontracting. Google may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.
19.6 No Agency. The Agreement does not create any agency, partnership or joint venture between the parties.
19.7 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement.
19.8 Severability. If any part of the Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
19.9 No Third-Party Beneficiaries. The Agreement does not confer any benefits on any third party unless it expressly states that it does.
19.10 Equitable Relief. Nothing in the Agreement will limit either party’s ability to seek equitable relief.
19.11 Governing Law.
(a) For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
(b) For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
(c) For All Other Entities. If Customer is any entity not listed in Section 19.11 (A) (For U.S. City, County, and State Government Entities) or 19.11(B) (For U.S. Federal Government Entities) then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
19.12 Amendments. Except as stated in Section 1.6.2 (Modifications; To the Agreement), any amendment to the Agreement must be in writing, expressly state that it is amending this Agreement, and be signed by both parties.
19.13 Entire Agreement. The Agreement states all terms agreed between the parties and supersedes any prior or contemporaneous agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in the Agreement. The Agreement includes URL links to other terms (including the URL Terms), which are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in the Agreement.
19.14 Conflicting Terms. If there is a conflict between the documents that make up the Agreement, then the documents will control in the following order: the Agreement and the terms at any URL.
19.15 Conflicting Languages. If the Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
20. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of the Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) Google will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Google Maps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), and the Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer's discretion, Reseller may access Customer's Projects, Accounts, or the Services on behalf of Customer. As between Google and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then Google will have no obligation to provide the Services to Customer.
21. Definitions.
"Account" means Customer’s Google Account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Allegation" means an unaffiliated third party’s allegation.
“Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, (for example, the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010), which prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. “Government officials” include any government employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties.
"AUP" or "Acceptable Use Policy" means the then-current Acceptable Use Policy for the Services described at https://cloud.google.com/maps-platform/terms/aup/.
"Brand Features" means each party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
"Control" means control of greater than 50% of the voting rights or equity interests of a party.
"Customer Application" means any web page or application (including all source code and features) owned or controlled by Customer, or that Customer is authorized to use.
"Customer End User" or "End User" means an individual or entity that Customer permits to use the Services or Customer Application(s).
“Customer Indemnified Materials” means the Customer Application and Customer Brand Features.
"Documentation" means the then-current Google documentation described at https://developers.google.com/maps/documentation.
"Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in breach of the AUP, which such use could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Europe" or "European" means European Economic Area, Switzerland, or the UK.
“Export Control Laws” means all applicable export and re-export control laws and regulations, including any applicable munitions- or defense-related regulations (for example, the International Traffic in Arms Regulations maintained by the U.S. Department of State).
"Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console.
"Fee Threshold" means the then-current threshold, as applicable for certain Services, as set out in the Admin Console.
“Feedback” means feedback or suggestions about the Services provided by Customer to Google.
"Fees" means the product of the amount of Services used or ordered by Customer multiplied by the Prices, plus any applicable Taxes.
"Google" has the meaning given at https://cloud.google.com/terms/google-entity.
"Google Indemnified Materials" means Google's technology used to provide the Services (excluding any open source software) and Google's Brand Features.
"Google Maps Content" means any content provided through the Services (whether created by Google or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
"High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response services; (b) autonomous and semi-autonomous vehicle or drone control; (c) vessel navigation; (d) aviation; (e) air traffic control; (f) nuclear facilities operation.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended, and any regulations issued under it.
"Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.
"including" means "including but not limited to".
"Intellectual Property Rights" means all patent rights, copyrights, trademark rights, rights in trade secrets (if any), design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
"Legal Process" means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Liability" means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.
"Maps Service Specific Terms" means the then-current terms specific to one or more Services described at https://cloud.google.com/maps-platform/terms/maps-service-terms/.
"Maps Technical Support Services" means the technical support service provided by Google to Customer under the then-current Maps Technical Support Services Guidelines.
"Maps Technical Support Services Guidelines" means the then-current technical support service guidelines described at https://cloud.google.com/maps-platform/terms/tssg/.
"Personal Data" has the meaning given to it in: (a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“EU GDPR”); or (b) the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018 (“UK GDPR”), if in force, as applicable.
"Notification Email Address" means the email address(es) designated by Customer in the Admin Console.
"Price" means the then-current applicable price(s) stated at https://cloud.google.com/maps-platform/pricing/sheet/.
"Prohibited Territory" means the countries listed at https://cloud.google.com/maps-platform/terms/maps-prohibited-territories/.
"Project" means a Customer-selected grouping of Google Maps Core Services resources for a particular Customer Application.
"Reseller" means, if applicable, the authorized unaffiliated third-party reseller that sells or supplies the Services to Customer.
"Reseller Agreement" means, if applicable, a separate, independent agreement between Customer and Reseller regarding the Services.
"Reseller Order Form" means an order form entered into by Reseller and Customer, subject to the Reseller Agreement.
"Services" and "Google Maps Core Services" means the services described at https://cloud.google.com/maps-platform/terms/maps-services/. The Services include the Google Maps Content and the Software.
"Significant Deprecation" means a material discontinuance or backwards incompatible change to the Google Maps Core Services described at https://cloud.google.com/maps-platform/terms/maps-deprecation/.
"SLA" or "Service Level Agreement" means each of the then-current service level agreements at: https://cloud.google.com/maps-platform/terms/sla/.
"Software" means any downloadable tools, software development kits, or other computer software provided by Google for use as part of the Services, including updates.
"Suspend" or "Suspension " means disabling access to or use of the Services or components of the Services.
"Taxes" means any duties, customs fees, or government-imposed taxes associated with the purchase of the Services, including any related penalties or interest, except for taxes based on Google’s net income, net worth, asset value, property value, or employment.
"Term" has the meaning stated in Section 11.1 of the Agreement.
“Terms URL” means the following URL set forth here: https://cloud.google.com/maps-platform/terms/.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Trademark Guidelines" means (a) Google’s Brand Terms and Conditions, located at: https://www.google.com/permissions/trademark/brand-terms.html and (b) the “Use of Trademarks” section of the “Using Google Maps, Google Earth and Street View” permissions page at https://www.google.com/permissions/geoguidelines.html#geotrademark policy.
“URL Terms” means the following, which will control in the following order if there is a conflict:
(a) the Maps Service Specific Terms;
(b) the SLA;
(c) the AUP;
(d) the Maps Technical Support Services Guidelines;
(e) the Legal Notices for Google Maps/Google Earth and Google Maps/Google Earth APIs at https://www.google.com/help/legalnotices_maps.html; and
(f) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html.
22. Regional Terms.
Customer agrees to the following modifications to the Agreement if Customer orders Services from the applicable Google entity as described below:
Asia Pacific - Indonesia PT Google Cloud Indonesia
1. The following is added as Section 11.6 (Termination Waiver):
11.6 Termination Waiver. The parties agree to waive any provisions under any applicable laws to the extent that a court decision or order is required for the termination of this Agreement.
2. Section 19.11 (Governing Law) is deleted and replaced with the following:
19.11 Governing Law.
(a) The parties will try in good faith to settle any dispute within 30 days after the dispute arises. If the dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of the Agreement ("Rules").
(b) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.
(c) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
(d) Subject to the confidentiality requirements in Section 19.11(f), either party may petition any competent court to issue any order necessary to protect that party’s rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Section 19.11(d).
(e) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
(f) Any arbitration proceeding conducted in accordance with this Section will be considered Confidential Information under the Agreement’s confidentiality section, including (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this Section 19.11(f) to a competent court as may be necessary to file any order under Section 19.11(d) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).
(g) The parties will pay the arbitrator’s fees, the arbitrator’s appointed experts’ fees and expenses, and the arbitration center’s administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party’s obligation to reimburse the amount paid in advance by the prevailing party for these fees.
(h) Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
(i) The parties agree that a decision of the arbitrators need not to be made within any specific time period.
3. Section 19.15 (Conflicting Languages) is deleted and replaced with the following:
19.15 Conflicting Languages. This Agreement is made in the Indonesian and the English language, and both versions are equally authentic. In the event of any inconsistency or different interpretation between the Indonesian version and the English version, the parties agree to amend the Indonesian version to make the relevant part of the Indonesian version consistent with the relevant part of the English version.
Terms & Privacy
ML KIT Terms of Service
The following terms apply to your use of ML Kit APIs. These terms incorporate and are subject to the Google APIs Terms of Service.
General Terms
For purposes of these terms, machine learning models will be considered related software.
ML Kit APIs run on-device. When using the ML Kit APIs, you may not reverse engineer or attempt to extract the source code or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Privacy
When you use ML Kit APIs, processing of the input data (e.g. images, video, text) fully happens on-device, and ML Kit does not send that data to Google servers. As a result, you can use our APIs for processing data that should not leave the device.
The ML Kit APIs may contact Google servers from time to time in order to receive things like bug fixes, updated models and hardware accelerator compatibility information. The ML Kit APIs also send metrics about the performance and utilization of the APIs in your app to Google. Google uses this metrics data to measure performance, debug, maintain and improve the APIs, and detect misuse or abuse, as further described in our Privacy Policy.
You are responsible for informing users of your app about Google’s processing of ML Kit metrics data as required by applicable law.
For additional details to help support your Google Play and Apple App Store disclosures requirements, please refer to:
Google Play’s data disclosure requirements
Apple’s App Store data disclosure requirements
Last updated 2022-02-22 UTC
Additional IP Rights Grant (Patents)
"This implementation" means the copyrightable works distributed by
Google as part of the Fuchsia project.
Google hereby grants to you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this
section) patent license to make, have made, use, offer to sell, sell,
import, transfer, and otherwise run, modify and propagate the contents
of this implementation of Fuchsia, where such license applies only to
those patent claims, both currently owned by Google and acquired in
the future, licensable by Google that are necessarily infringed by
this implementation. This grant does not include claims that would
be infringed only as a consequence of further modification of this
implementation. If you or your agent or exclusive licensee institute
or order or agree to the institution of patent litigation or any other
patent enforcement activity against any entity (including a cross-claim
or counterclaim in a lawsuit) alleging that this implementation
of Fuchsia constitutes direct or contributory patent infringement, or
inducement of patent infringement, then any patent rights granted to you
under this License for this implementation of Fuchsia shall terminate as
of the date such litigation is filed.
Additional IP Rights Grant (Patents)
"This implementation" means the copyrightable works distributed by
Google as part of the Fuchsia project.
Google hereby grants to you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this
section) patent license to make, have made, use, offer to sell, sell,
import, transfer, and otherwise run, modify and propagate the contents
of this implementation of Fuchsia, where such license applies only to
those patent claims, both currently owned by Google and acquired in
the future, licensable by Google that are necessarily infringed by
this implementation. This grant does not include claims that would
be infringed only as a consequence of further modification of this
implementation. If you or your agent or exclusive licensee institute
or order or agree to the institution of patent litigation or any other
patent enforcement activity against any entity (including a cross-claim
or counterclaim in a lawsuit) alleging that this implementation
of Fuchsia constitutes direct or contributory patent infringement, or
inducement of patent infringement, then any patent rights granted to you
under this License for this implementation of Fuchsia shall terminate as
of the date such litigation is filed.
Additional IP Rights Grant (Patents)
"This implementation" means the copyrightable works distributed by Google as
part of the Go project.
Google hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as stated in this section) patent license to
make, have made, use, offer to sell, sell, import, transfer and otherwise run,
modify and propagate the contents of this implementation of Go, where such
license applies only to those patent claims, both currently owned or controlled
by Google and acquired in the future, licensable by Google that are necessarily
infringed by this implementation of Go. This grant does not include claims that
would be infringed only as a consequence of further modification of this
implementation. If you or your agent or exclusive licensee institute or order
or agree to the institution of patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that this implementation of
Go or any code incorporated within this implementation of Go constitutes direct
or contributory patent infringement, or inducement of patent infringement, then
any patent rights granted to you under this License for this implementation of
Go shall terminate as of the date such litigation is filed.
Additional IP Rights Grant (Patents)
------------------------------------
"These implementations" means the copyrightable works that implement the
WebM codecs distributed by Google as part of the WebM Project.
Google hereby grants to you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this
section) patent license to make, have made, use, offer to sell, sell,
import, transfer, and otherwise run, modify and propagate the contents
of these implementations of WebM, where such license applies only to
those patent claims, both currently owned by Google and acquired in
the future, licensable by Google that are necessarily infringed by
these implementations of WebM. This grant does not include claims that would
be infringed only as a consequence of further modification of
these implementations. If you or your agent or exclusive licensee institute
or order or agree to the institution of patent litigation or any other
patent enforcement activity against any entity (including a cross-claim
or counterclaim in a lawsuit) alleging that any of these implementations
of WebM or any code incorporated within any of these implementations of
WebM constitute direct or contributory patent infringement, or
inducement of patent infringement, then any patent rights granted to you
under this License for these implementations of WebM shall terminate as
of the date such litigation is filed.
Additional IP Rights Grant (Patents)
"This implementation" means the copyrightable works distributed by
Google as part of the WebRTC code package.
Google hereby grants to you a perpetual, worldwide, non-exclusive,
no-charge, irrevocable (except as stated in this section) patent
license to make, have made, use, offer to sell, sell, import,
transfer, and otherwise run, modify and propagate the contents of this
implementation of the WebRTC code package, where such license applies
only to those patent claims, both currently owned by Google and
acquired in the future, licensable by Google that are necessarily
infringed by this implementation of the WebRTC code package. This
grant does not include claims that would be infringed only as a
consequence of further modification of this implementation. If you or
your agent or exclusive licensee institute or order or agree to the
institution of patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that this
implementation of the WebRTC code package or any code incorporated
within this implementation of the WebRTC code package constitutes
direct or contributory patent infringement, or inducement of patent
infringement, then any patent rights granted to you under this License
for this implementation of the WebRTC code package shall terminate as
of the date such litigation is filed.
Google hereby grants to you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this
section) patent license to make, have made, use, offer to sell, sell,
import, transfer, and otherwise run, modify and propagate the contents
of this implementation, where such license applies only to those
patent claims, both currently owned by Google and acquired in the
future, licensable by Google that are necessarily infringed by this
implementation. This grant does not include claims that would be
infringed only as a consequence of further modification of this
implementation. If you or your agent or exclusive licensee institute
or order or agree to the institution of patent litigation or any other
patent enforcement activity against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that this
implementation constitutes direct or contributory patent infringement,
or inducement of patent infringement, then any patent rights granted
to you under this License for this implementation shall terminate as
of the date such litigation is filed.
Play Core Software Development Kit Terms of Service
Last modified: September 24, 2020
By using the Play Core Software Development Kit, you agree to these terms in addition to the Google APIs Terms of Service ("API ToS"). If these terms are ever in conflict, these terms will take precedence over the API ToS. Please read these terms and the API ToS carefully.
For purposes of these terms, "APIs" means Google's APIs, other developer services, and associated software, including any Redistributable Code.
“Redistributable Code” means Google-provided object code or header files that call the APIs.
Subject to these terms and the terms of the API ToS, you may copy and distribute Redistributable Code solely for inclusion as part of your API Client. Google and its licensors own all right, title and interest, including any and all intellectual property and other proprietary rights, in and to Redistributable Code. You will not modify, translate, or create derivative works of Redistributable Code.
Google may make changes to these terms at any time with notice and the opportunity to decline further use of the Play Core Software Development Kit. Google will post notice of modifications to the terms at https://developer.android.com/guide/playcore/license. Changes will not be retroactive.
Google Terms of Service
Last modified: November 11, 2013 (view archived versions)
Welcome to Google!
Thanks for using our products and services ("Services"). The Services are provided by Google Inc. ("Google"), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Google’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Google Account
You may need a Google Account in order to use some of our Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions.
Privacy and Copyright Protection
Google’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Google can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google’s policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad.
You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Google may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Google and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.
For information about how to contact Google, please visit our contact page.
Google Terms of Service
Last modified: April 30, 2014 (view archived versions)
Welcome to Google!
Thanks for using our products and services (“Services”). The Services are provided by Google Inc. (“Google”), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Google’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Google Account
You may need a Google Account in order to use some of our Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions.
Privacy and Copyright Protection
Google’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Google can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google’s policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad.
You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Google may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Google nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, Google, and Google’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Google, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, Google, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Google and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.
For information about how to contact Google, please visit our contact page.
Google Terms of Service
Last modified: October 25, 2017 (view archived versions)
Welcome to Google!
Thanks for using our products and services (“Services”). The Services are provided by Google LLC (“Google”), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Google’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Google Account
You may need a Google Account in order to use some of our Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions.
Privacy and Copyright Protection
Google’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Google can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google’s policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad.
You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Google may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Google nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, Google, and Google’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Google, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, Google, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Google and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.
For information about how to contact Google, please visit our contact page.
Google Terms of Service
Effective January 22, 2019 (view archived versions)
Welcome to Google!
Thanks for using our products and services (“Services”). If you’re based in the European Economic Area or Switzerland, unless stated otherwise in any additional terms, the Services are provided by Google Ireland Limited (“Google”), a company incorporated and operating under the laws of Ireland (Registered Number: 368047), and located at Gordon House, Barrow Street, Dublin 4, Ireland.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Google’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Google Account
You may need a Google Account in order to use some of our Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions.
Privacy and Copyright Protection
Google’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google’s policy about responding to notices in our Help Center.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad.
You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Google may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Google nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, Google, and Google’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Google, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, Google, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Google and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Governing Law and Courts
If you are a consumer living in the European Economic Area or Switzerland: the laws and courts of your country of residence will apply to any dispute arising out of or relating to these terms. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, but Google does not commit to and is not required to settle disputes before any alternative dispute resolution entity.
If you are a business user in the European Economic Area or Switzerland: these terms are governed by English law and you and Google submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or relating to these terms, but Google will still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
For information about how to contact Google, please visit our contact page.
Effective March 31, 2020 | Archived versions | Download PDF
What’s covered in these terms
We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Google services, and what we expect from you.
These Terms of Service reflect the way Google’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Google’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
What you can expect from us, which describes how we provide and develop our services
What we expect from you, which establishes certain rules for using our services
Content in Google services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Google, or others
In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
Understanding these terms is important because, to use our services, you must accept these terms.
Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and delete your information.
Service provider
In the European Economic Area (EEA) and Switzerland, Google services are provided by, and you’re contracting with:
Google Ireland Limited
incorporated and operating under the laws of Ireland (Registered Number: 368047)
Gordon House, Barrow Street
Dublin 4
Ireland
Age requirements
If you’re under the age required to manage your own Google Account, you must have your parent or legal guardian’s permission to use a Google Account. Please have your parent or legal guardian read these terms with you.
If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
Some Google services have additional age requirements as described in their service-specific additional terms and policies.
Contents
Introduction
Your relationship with Google
Using Google services
Content in Google services
Software in Google services
In case of problems or disagreements
About these terms
Your relationship with Google
These terms help define the relationship between you and Google. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Google’s business works and how we earn money. When we speak of “Google,” “we,” “us,” and “our,” we mean Google Ireland Limited and its affiliates.
What you can expect from us
Provide a broad range of useful services
We provide a broad range of services that are subject to these terms, including:
apps and sites (like Search and Maps)
platforms (like Google Play)
integrated services (like Maps embedded in other companies’ apps or sites)
devices (like Google Home)
Our services are designed to work together, making it easier for you to move from one activity to the next. For example, Maps can remind you to leave for an appointment that appears in your Google Calendar.
Improve Google services
We’re constantly developing new technologies and features to improve our services. For example, we invest in artificial intelligence that uses machine learning to detect and block spam and malware, and to provide you with innovative features, like simultaneous translations. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.
We maintain a rigorous product research program, so before we change or stop offering a service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering services for valid reasons, such as to improve performance or security, to comply with law, to prevent illegal activities or abuse, to reflect technical developments, or because a feature or an entire service is no longer popular enough or economical to offer.
If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice and an opportunity to export your content from your Google Account using Google Takeout, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
What we expect from you
Follow these terms and service-specific additional terms
The permission we give you to use our services continues as long as you meet your responsibilities in:
these terms
service-specific additional terms, which could, for example, include things like additional age requirements
We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Policy, Copyright Help Center, Safety Center, and other pages accessible from our policies site.
Although we give you permission to use our services, we retain any intellectual property rights we have in the services.
Respect others
Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:
comply with applicable laws, including export control, sanctions, and human trafficking laws
respect the rights of others, including privacy and intellectual property rights
don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others
don’t abuse, harm, interfere with, or disrupt the services
Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide a fair process as described in the Taking action in case of problems section.
Permission to use your content
Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
License
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.
We need your permission if your intellectual property rights restrict our use of your content. You provide Google with that permission through this license.
What’s covered
This license covers your content if that content is protected by intellectual property rights.
What’s not covered
This license doesn’t affect your data protection rights — it’s only about your intellectual property rights
This license doesn’t cover these types of content:
publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below.
Scope
This license is:
worldwide, which means it’s valid anywhere in the world
non-exclusive, which means you can license your content to others
royalty-free, which means there are no fees for this license
Rights
This license allows Google to:
host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
publish, publicly perform, or publicly display your content, if you’ve made it visible to others
modify your content, such as reformatting or translating it
sublicense these rights to:
other users to allow the services to work as designed, such as enabling you to share photos with people you choose
our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
Purpose
This license is for the limited purpose of:
operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
for spam, malware, and illegal content
to recognize patterns in data, such as determining when to suggest a new album in Google Photos to keep related photos together
to customize our services for you, such as providing recommendations and personalized search results, content, and ads (which you can change or turn off in Ads Settings)
This analysis occurs as the content is sent, received, and when it is stored.
using content you’ve shared publicly to promote the services. For example, to promote a Google app, we might quote a review you wrote. Or to promote Google Play, we might show a screenshot of the app you offer in the Play Store.
developing new technologies and services for Google consistent with these terms
Duration
This license lasts for as long as your content is protected by intellectual property rights.
If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Google Account even after you remove it from your Google Account.
If you make your content available through other companies’ services, it’s possible that search engines, including Google Search, will continue to find and display your content as part of their search results.
Using Google services
Your Google Account
If you meet these age requirements you can create a Google Account for your convenience. Some services require that you have a Google Account in order to work — for example, to use Gmail, you need a Google Account so that you have a place to send and receive your email.
You’re responsible for what you do with your Google Account, including taking reasonable steps to keep your Google Account secure, and we encourage you to regularly use the Security Checkup.
Using Google services on behalf of an organization or business
Many organizations, such as businesses, non-profits, and schools, take advantage of our services. To use our services on behalf of an organization:
an authorized representative of that organization must agree to these terms
your organization’s administrator may assign a Google Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Google Account.
If you’re based in the European Union, then these terms don’t affect the rights you may have as a business user of online intermediation services — including online platforms such as Google Play — under the EU Platform-to-Business Regulation.
Service-related communications
To provide you with our services, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see Google’s Privacy Policy.
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Content in Google services
Your content
Some of our services give you the opportunity to make your content publicly available — for example, you might post a product or restaurant review that you wrote, or you might upload a blog post that you created.
See the Permission to use your content section for more about your rights in your content, and how your content is used in our services
See the Removing your content section to learn why and how we might remove user-generated content from our services
If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Google Accounts of repeat copyright infringers as described in our Copyright Help Center.
Google content
Some of our services include content that belongs to Google — for example, many of the visual illustrations you see in Google Maps. You may use Google’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Google Brand Permissions page.
Other content
Finally, some of our services give you access to content that belongs to other people or organizations — for example, a store owner’s description of their own business, or a newspaper article displayed in Google News. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Google’s views.
Software in Google services
Some of our services include downloadable software. We give you permission to use that software as part of the services.
The license we give you is:
worldwide, which means it’s valid anywhere in the world
non-exclusive, which means that we can license the software to others
royalty-free, which means there are no fees for this license
personal, which means it doesn’t extend to anyone else
non-assignable, which means you’re not allowed to assign the license to anyone else
Some of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.
You may not copy, modify, distribute, sell, or lease any part of our services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.
When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
In case of problems or disagreements
By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don’t limit or take away any of those rights. For example, if you’re a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.
Warranty
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
Disclaimers
The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are (1) described in the Warranty section, (2) stated in the service-specific additional terms, or (3) provided under applicable laws. We don’t make any other commitments about our services.
Liabilities
For all users
These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Google’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.
Other than the rights and responsibilities described in this section (In case of problems or disagreements), Google won’t be responsible for any other losses, unless they’re caused by our breach of these terms or service-specific additional terms.
For business users and organizations only
If you’re a business user or organization, then to the extent allowed by applicable law:
You’ll indemnify Google and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
Google won’t be responsible for the following liabilities:
loss of profits, revenues, business opportunities, goodwill, or anticipated savings
indirect or consequential loss
punitive damages
Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Taking action in case of problems
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
cause harm or liability to a user, third party, or Google
violate the law or a legal enforcement authority’s order
compromise an investigation
compromise the operation, integrity, or security of our services
Removing your content
If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Google, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Google services
Google reserves the right to suspend or terminate your access to the services or delete your Google Account if any of these things happen:
you materially or repeatedly breach these terms, service-specific additional terms or policies
we’re required to do so to comply with a legal requirement or a court order
we reasonably believe that your conduct causes harm or liability to a user, third party, or Google — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you
If you believe your Google Account has been suspended or terminated in error, you can appeal.
Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
Handling requests for your data
Respect for the privacy and security of your data underpins our approach to responding to data disclosure requests. When we receive data disclosure requests, our team reviews them to make sure they satisfy legal requirements and Google’s data disclosure policies. Google Ireland Limited accesses and discloses data, including communications, in accordance with the laws of Ireland, and EU law applicable in Ireland. For more information about the data disclosure requests that Google receives worldwide, and how we respond to such requests, see our Transparency Report and Privacy Policy.
Settling disputes, governing law, and courts
For information about how to contact Google, please visit our contact page.
If you’re a resident of, or an organization based in, the European Economic Area (EEA) or Switzerland, these terms and your relationship with Google under these terms and service-specific additional terms, are governed by the laws of your country of residence, and you can file legal disputes in your local courts.
If you’re a consumer living in the EEA, you may also file disputes regarding online purchases using the European Commission’s Online Dispute Resolution platform, which we accept if required by law.
About these terms
By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and Google. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Google Account.
This program is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 1, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this program; if not, write to the Free Software Foundation, Inc., 675 Mass Ave,
Cambridge, MA 02139, USA.
GNU GENERAL PUBLIC LICENSE
Version 1, February 1989
Copyright (C) 1989 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The license agreements of most software companies try to keep users
at the mercy of those companies. By contrast, our General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. The
General Public License applies to the Free Software Foundation's
software and to any other program whose authors commit to using it.
You can use it for your programs, too.
When we speak of free software, we are referring to freedom, not
price. Specifically, the General Public License is designed to make
sure that you have the freedom to give away or sell copies of free
software, that you receive source code or can get it if you want it,
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To protect your rights, we need to make restrictions that forbid
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These restrictions translate to certain responsibilities for you if you
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For example, if you distribute copies of a such a program, whether
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source code. And you must tell them their rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
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want its recipients to know that what they have is not the original, so
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authors' reputations.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any program or other work which
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in whole or in part contains the Program or any part thereof, either
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c) If the modified program normally reads commands interactively when
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Paragraphs 1 and 2 above; or,
c) accompany it with the information you received as to where the
corresponding source code may be obtained. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form alone.)
Source code for a work means the preferred form of the work for making
modifications to it. For an executable file, complete source code means
all the source code for all modules it contains; but, as a special
exception, it need not include source code for modules which are standard
libraries that accompany the operating system on which the executable
file runs, or for standard header files or definitions files that
accompany that operating system.
4. You may not copy, modify, sublicense, distribute or transfer the
Program except as expressly provided under this General Public License.
Any attempt otherwise to copy, modify, sublicense, distribute or transfer
the Program is void, and will automatically terminate your rights to use
the Program under this License. However, parties who have received
copies, or rights to use copies, from you under this General Public
License will not have their licenses terminated so long as such parties
remain in full compliance.
5. By copying, distributing or modifying the Program (or any work based
on the Program) you indicate your acceptance of this license to do so,
and all its terms and conditions.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the original
licensor to copy, distribute or modify the Program subject to these
terms and conditions. You may not impose any further restrictions on the
recipients' exercise of the rights granted herein.
7. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of the license which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
the license, you may choose any version ever published by the Free Software
Foundation.
8. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
9. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
10. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Appendix: How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to humanity, the best way to achieve this is to make it
free software which everyone can redistribute and change under these
terms.
To do so, attach the following notices to the program. It is safest to
attach them to the start of each source file to most effectively convey
the exclusion of warranty; and each file should have at least the
"copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) 19yy <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 1, or (at your option)
any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston MA 02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) 19xx name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the
appropriate parts of the General Public License. Of course, the
commands you use may be called something other than `show w' and `show
c'; they could even be mouse-clicks or menu items--whatever suits your
program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
program `Gnomovision' (a program to direct compilers to make passes
at assemblers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
That's all there is to it!
GNU GENERAL PUBLIC LICENSE
Version 1, February 1989
Copyright (C) 1989 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The license agreements of most software companies try to keep users
at the mercy of those companies. By contrast, our General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. The
General Public License applies to the Free Software Foundation's
software and to any other program whose authors commit to using it.
You can use it for your programs, too.
When we speak of free software, we are referring to freedom, not
price. Specifically, the General Public License is designed to make
sure that you have the freedom to give away or sell copies of free
software, that you receive source code or can get it if you want it,
that you can change the software or use pieces of it in new free
programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of a such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must tell them their rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any program or other work which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this General Public License. The
"Program", below, refers to any such program or work, and a "work based
on the Program" means either the Program or any work containing the
Program or a portion of it, either verbatim or with modifications. Each
licensee is addressed as "you".
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this
General Public License and to the absence of any warranty; and give any
other recipients of the Program a copy of this General Public License
along with the Program. You may charge a fee for the physical act of
transferring a copy.
2. You may modify your copy or copies of the Program or any portion of
it, and copy and distribute such modifications under the terms of Paragraph
1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating that
you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish, that
in whole or in part contains the Program or any part thereof, either
with or without modifications, to be licensed at no charge to all
third parties under the terms of this General Public License (except
that you may choose to grant warranty protection to some or all
third parties, at your option).
c) If the modified program normally reads commands interactively when
run, you must cause it, when started running for such interactive use
in the simplest and most usual way, to print or display an
announcement including an appropriate copyright notice and a notice
that there is no warranty (or else, saying that you provide a
warranty) and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this General
Public License.
d) You may charge a fee for the physical act of transferring a
copy, and you may at your option offer warranty protection in
exchange for a fee.
Mere aggregation of another independent work with the Program (or its
derivative) on a volume of a storage or distribution medium does not bring
the other work under the scope of these terms.
3. You may copy and distribute the Program (or a portion or derivative of
it, under Paragraph 2) in object code or executable form under the terms of
Paragraphs 1 and 2 above provided that you also do one of the following:
a) accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of
Paragraphs 1 and 2 above; or,
b) accompany it with a written offer, valid for at least three
years, to give any third party free (except for a nominal charge
for the cost of distribution) a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of
Paragraphs 1 and 2 above; or,
c) accompany it with the information you received as to where the
corresponding source code may be obtained. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form alone.)
Source code for a work means the preferred form of the work for making
modifications to it. For an executable file, complete source code means
all the source code for all modules it contains; but, as a special
exception, it need not include source code for modules which are standard
libraries that accompany the operating system on which the executable
file runs, or for standard header files or definitions files that
accompany that operating system.
4. You may not copy, modify, sublicense, distribute or transfer the
Program except as expressly provided under this General Public License.
Any attempt otherwise to copy, modify, sublicense, distribute or transfer
the Program is void, and will automatically terminate your rights to use
the Program under this License. However, parties who have received
copies, or rights to use copies, from you under this General Public
License will not have their licenses terminated so long as such parties
remain in full compliance.
5. By copying, distributing or modifying the Program (or any work based
on the Program) you indicate your acceptance of this license to do so,
and all its terms and conditions.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the original
licensor to copy, distribute or modify the Program subject to these
terms and conditions. You may not impose any further restrictions on the
recipients' exercise of the rights granted herein.
7. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of the license which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
the license, you may choose any version ever published by the Free Software
Foundation.
8. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
9. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
10. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Appendix: How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to humanity, the best way to achieve this is to make it
free software which everyone can redistribute and change under these
terms.
To do so, attach the following notices to the program. It is safest to
attach them to the start of each source file to most effectively convey
the exclusion of warranty; and each file should have at least the
"copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) 19yy <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 1, or (at your option)
any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston MA 02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) 19xx name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the
appropriate parts of the General Public License. Of course, the
commands you use may be called something other than `show w' and `show
c'; they could even be mouse-clicks or menu items--whatever suits your
program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
program `Gnomovision' (a program to direct compilers to make passes
at assemblers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
That's all there is to it!
You are permitted to redistribute, use and modify this README file in whole
or in part in conjunction with redistribution of software governed by the
General Public License, provided that the following conditions are met:
1. Redistributions of README file must retain the above copyright
notice, this list of conditions, and the following disclaimer,
without modification.
2. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
3. Modifications or new contributions must be attributed in a copyright
notice identifying the author ("Contributor") and added below the
original copyright notice. The copyright notice is for purposes of
identifying contributors and should not be deemed as permission to alter
the permissions given by Adaptec.
THIS README FILE IS PROVIDED BY ADAPTEC AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
ADAPTEC OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS README
FILE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This library is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2, or (at your option)
any later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License
along with this library; see the file COPYING. If not, write to the
Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
As a special exception to the GNU General Public License, if you
distribute this file as part of a program that contains a
configuration script generated by Autoconf, you may include it under
the same distribution terms that you use for the rest of that program.
Automated Options is free software.
You may redistribute it and/or modify it under the terms of the
GNU General Public License, as published by the Free Software
Foundation; either version 2, or (at your option) any later version.
Automated Options is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with Automated Options. See the file "COPYING". If not,
write to: The Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor,
Boston, MA 02110-1301, USA.
As a special exception, Bruce Korb gives permission for additional
uses of the text contained in his release of AutoOpts.
The exception is that, if you link the AutoOpts library with other
files to produce an executable, this does not by itself cause the
resulting executable to be covered by the GNU General Public License.
Your use of that executable is in no way restricted on account of
linking the AutoOpts library code into it.
This exception does not however invalidate any other reasons why
the executable file might be covered by the GNU General Public License.
This exception applies only to the code released by Bruce Korb under
the name AutoOpts. If you copy code from other sources under the
General Public License into a copy of AutoOpts, as the General Public
License permits, the exception does not apply to the code that you add
in this way. To avoid misleading anyone as to the status of such
modified files, you must delete this exception notice from them.
If you write modifications of your own for AutoOpts, it is your choice
whether to permit this exception to apply to your modifications.
If you do not wish that, delete this exception notice.
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the
Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor,
Boston, MA 02110-1301, USA.
As a special exception, you may create a larger work that contains part
or all of the Bison parser skeleton and distribute that work under terms
of your choice, so long as that work isn't itself a parser generator
using the skeleton or a modified version thereof as a parser skeleton.
Alternatively, if you modify or redistribute the parser skeleton itself,
you may (at your option) remove this special exception, which will cause
the skeleton and the resulting Bison output files to be licensed under
the GNU General Public License without this special exception.
This special exception was added by the Free Software Foundation in
version 2.2 of Bison.
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
As a special exception, when this file is copied by Bison into a Bison
output file, you may use that output file without restriction. This
special exception was added by the Free Software Foundation in version
1.24 of Bison.
Unless you and Broadcom execute a separate written software license
agreement governing use of this software, this software is licensed to
you under the terms of the GNU General Public License version 2 (the
"GPL"), available at http://www.broadcom.com/licenses/GPLv2.php, with
the following added to such license:
As a special exception, the copyright holders of this software give you
permission to link this software with independent modules, and to copy
and distribute the resulting executable under terms of your choice,
provided that you also meet, for each linked independent module, the
terms and conditions of the license of that module.
An independent module is a module which is not derived from this
software. The special exception does not apply to any modifications of
the software.
Not withstanding the above, under no circumstances may you combine this
software in any way with any other Broadcom software provided under a
license other than the GPL, without Broadcom's express prior written
consent.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License (GPL) version 2, as
published by the Free Software Foundation.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA.
*** NOTE ***
In accordance with section 10 of the GPL, Red Hat permits programs whose
sources are distributed under a license that complies with the Open
Source definition to be linked with libcygwin.a without libcygwin.a
itself causing the resulting program to be covered by the GNU GPL.
This means that you can port an Open Source(tm) application to cygwin,
and distribute that executable as if it didn't include a copy of
libcygwin.a linked into it. Note that this does not apply to the cygwin
DLL itself. If you distribute a (possibly modified) version of the DLL
you must adhere to the terms of the GPL, i.e. you must provide sources
for the cygwin DLL.
See http://www.opensource.org/docs/osd/ for the precise Open Source
Definition referenced above.
Red Hat sells a special Cygwin License for customers who are unable to
provide their application in open source code form. For more
information, please see: http://www.redhat.com/software/cygwin/, or call
+1-866-2REDHAT ext. 45300 (toll-free in the US).
Outside the US call your regional Red Hat office, see
http://www.redhat.com/about/contact/ww/
DjVu (r) Reference Library (v. 3.5)
Copyright (c) 1999-2001 LizardTech, Inc. All Rights Reserved.
The DjVu Reference Library is protected by U.S. Pat. No.
6,058,214 and patents pending.
This software is subject to, and may be distributed under, the
GNU General Public License, Version 2. The license should have
accompanied the software or you may obtain a copy of the license
from the Free Software Foundation at http://www.fsf.org .
The computer code originally released by LizardTech under this
license and unmodified by other parties is deemed the "LizardTech
Original Code."
With respect to the LizardTech Original Code ONLY, and subject
to any third party intellectual property claims, LizardTech
grants recipient a worldwide, royalty-free, non-exclusive license
under patent claims now or hereafter owned or controlled by
LizardTech that are infringed by making, using, or selling
LizardTech Original Code, but solely to the extent that any such
patent(s) is/are reasonably necessary to enable you to make, have
made, practice, sell, or otherwise dispose of LizardTech Original
Code (or portions thereof) and not to any greater extent that may
be necessary to utilize further modifications or combinations.
The LizardTech Original Code is provided "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY OF
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This library is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this library; see the file COPYING. If not, write to the Free Software
Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
As a special exception, if you create a document which uses
this font, and embed this font or unaltered portions of this
font into the document, this font does not by itself cause
the resulting document to be covered by the GNU General Public
License. This exception does not however invalidate any other
reasons why the document might be covered by the GNU General
Public License. If you modify this font, you may extend this
exception to your version of the font, but you are not
obligated to do so. If you do not wish to do so, delete this
exception statement from your version.
The FreeRTOS source code is licensed by a modified GNU General Public License - the
modification taking the form of an exception.
The exception permits the source code of applications that use FreeRTOS solely
through the API published on this website to remain closed source, thus permitting
the use of FreeRTOS in commercial applications without necessitating that the whole
application be open sourced. The exception can only be used if you wish to combine
FreeRTOS with a proprietary product and you comply with the terms stated in the
exception itself.
The FreeRTOS download also includes demo application source code, some of which is
provided by third parties AND IS LICENSED SEPARATELY FROM FREERTOS.
For the avoidance of any doubt refer to the comment included at the top of each
source and header file for license and copyright information.
This is a list of files for which Real Time Engineers Ltd. is not the copyright owner
and are NOT COVERED BY THE GPL.
1. Various header files provided by silicon manufacturers and tool vendors that
define processor specific memory addresses and utility macros. Permission has been
granted by the various copyright holders for these files to be included in the
FreeRTOS download. Users must ensure license conditions are adhered to for any use
other than compilation of the FreeRTOS demo applications.
2. The uIP TCP/IP stack the copyright of which is held by Adam Dunkels. Users must
ensure the open source license conditions stated at the top of each uIP source file
is understood and adhered to.
3. The lwIP TCP/IP stack the copyright of which is held by the Swedish Institute of
Computer Science. Users must ensure the open source license conditions stated at the
top of each lwIP source file is understood and adhered to.
4. Various peripheral driver source files and binaries provided by silicon
manufacturers and tool vendors. Permission has been granted by the various copyright
holders for these files to be included in the FreeRTOS download. Users must ensure
license conditions are adhered to for any use other than compilation of the FreeRTOS
demo applications.
5. The files contained within FreeRTOS\Demo\WizNET_DEMO_TERN_186\tern_code, which are
slightly modified versions of code provided by and copyright to Tern Inc.
Errors and omissions should be reported to Richard Barry, contact details for whom
can be obtained from the Contact page.
This library is free software; you can redistribute it and/or modify it under the
terms of the GNU General Public License as published by the Free Software Foundation;
either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this
library; see the file COPYING. If not, write to the Free Software Foundation, 51
Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
GNU General Public License Exception
Any FreeRTOS source code, whether modified or in its original release form, or
whether in whole or in part, can only be distributed by you under the terms of the
GNU General Public License plus this exception. An independent module is a module
which is not derived from or based on FreeRTOS.
EXCEPTION TEXT:
Clause 1
Linking FreeRTOS statically or dynamically with other modules is making a combined
work based on FreeRTOS. Thus, the terms and conditions of the GNU General Public
License cover the whole combination.
As a special exception, the copyright holder of FreeRTOS gives you permission to link
FreeRTOS with independent modules that communicate with FreeRTOS solely through the
FreeRTOS API interface, regardless of the license terms of these independent modules,
and to copy and distribute the resulting combined work under terms of your choice,
provided that
1. Every copy of the combined work is accompanied by a written statement that details
to the recipient the version of FreeRTOS used and an offer by yourself to provide the
FreeRTOS source code (including any modifications you may have made) should the
recipient request it.
2. The combined work is not itself an RTOS, scheduler, kernel or related product.
3. The independent modules add significant and primary functionality to FreeRTOS and
do not merely extend the existing functionality already present in FreeRTOS.
Clause 2
FreeRTOS may not be used for any competitive or comparative purpose, including the
publication of any form of run time or compile time metric, without the express
permission of Real Time Engineers Ltd. (this is the norm within the industry and is
intended to ensure information accuracy).
GCC is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2, or (at your option)
any later version.
GCC is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY
or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public
License for more details.
You should have received a copy of the GNU General Public License
along with GCC; see the file COPYING. If not, write to the Free
Software Foundation, 59 Temple Place - Suite 330, Boston, MA
02111-1307, USA.
As a special exception, if you include this header file into source
files compiled by GCC, this header file does not by itself cause
the resulting executable to be covered by the GNU General Public
License. This exception does not however invalidate any other
reasons why the executable file might be covered by the GNU General
Public License.
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
GCC Linking Exception
In addition to the permissions in the GNU General Public License, the
Free Software Foundation gives you unlimited permission to link the
compiled version of this file into combinations with other programs, and
to distribute those combinations without any restriction coming from the
use of this file. (The General Public License restrictions do apply in
other respects; for example, they cover modification of the file, and
distribution when not linked into a combine executable.)
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
As a special exception, you may use this file as part of a free software
library without restriction. Specifically, if other files instantiate
templates or use macros or inline functions from this file, or you
compile this file and link it with other files to produce an executable,
this file does not by itself cause the resulting executable to be
covered by the GNU General Public License. This exception does not
however invalidate any other reasons why the executable file might be
covered by the GNU General Public License.
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
As a special exception, the Free Software Foundation gives permission
for additional uses of the text contained in its release of GUILE.
The exception is that, if you link the GUILE library with other files to
produce an executable, this does not by itself cause the resulting
executable to be covered by the GNU General Public License. Your use of
that executable is in no way restricted on account of linking the GUILE
library code into it.
This exception does not however invalidate any other reasons why the
executable file might be covered by the GNU General Public License.
This exception applies only to the code released by the Free Software
Foundation under the name GUILE. If you copy code from other Free
Software Foundation releases into a copy of GUILE, as the General Public
License permits, the exception does not apply to the code that you add
in this way. To avoid misleading anyone as to the status of such
modified files, you must delete this exception notice from them.
If you write modifications of your own for GUILE, it is your choice
whether to permit this exception to apply to your modifications. If you
do not wish that, delete this exception notice.
This copy of Ice is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License version 2 as
published by the Free Software Foundation.
Ice is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
FOR A PARTICULAR PURPOSE. See the GNU General Public License for more
details.
You should have received a copy of the GNU General Public License version
2 along with this program; if not, see http://www.gnu.org/licenses.
Linking Ice statically or dynamically with other software (such as a
library, module or application) is making a combined work based on Ice.
Thus, the terms and conditions of the GNU General Public License version
2 cover this combined work.
If such software can only be used together with Ice, then not only the
combined work but the software itself is a work derived from Ice and as
such shall be licensed under the terms of the GNU General Public License
version 2. This includes the situation where Ice is only being used
through an abstraction layer.
As a special exception to the above, ZeroC grants to the contributors for
the following projects the permission to license their Ice-based software
under the terms of the GNU Lesser General Public License (LGPL) version
2.1 or of the BSD license:
- Orca Robotics (http://orca-robotics.sourceforge.net)
- Mumble (http://mumble.sourceforge.net)
This exception does not extend to the parts of Ice used by these
projects, or to any other derived work: as a whole, any work based on Ice
shall be licensed under the terms and conditions of the GNU General
Public License version 2.
You may also combine Ice with any software not derived from Ice, provided
the license of such software is compatible with the GNU General Public
License version 2. In addition, as a special exception, ZeroC grants you
permission to combine Ice with:
- the OpenSSL library, or with a modified version of the OpenSSL library
that uses the same license as OpenSSL
- any library not derived from Ice and licensed under the terms of
the Apache License, version 2.0
(http://www.apache.org/licenses/LICENSE-2.0.html)
If you modify this copy of Ice, you may extend any of the exceptions
provided above to your version of Ice, but you are not obligated to
do so.
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
The library is released under the GPL with the following exception:
Linking this library statically or dynamically with other modules is
making a combined work based on this library. Thus, the terms and
conditions of the GNU General Public License cover the whole
combination.
As a special exception, the copyright holders of this library give you
permission to link this library with independent modules to produce an
executable, regardless of the license terms of these independent
modules, and to copy and distribute the resulting executable under terms
of your choice, provided that you also meet, for each linked independent
module, the terms and conditions of the license of that module. An
independent module is a module which is not derived from or based on
this library. If you modify this library, you may extend this exception
to your version of the library, but you are not obligated to do so. If
you do not wish to do so, delete this exception statement from your
version.
Note The exception is changed to reflect the latest GNU Classpath
exception. Older versions of #ziplib did have another exception, but the
new one is clearer and it doesn't break compatibility with the old one.
Bottom line In plain English this means you can use this library in
commercial closed-source applications.
This is part of libio/iostream, providing -*- C++ -*- input/output.
Copyright (C) 2000 Free Software Foundation
This file is part of the GNU IO Library. This library is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA.
As a special exception, if you link this library with files compiled with a GNU compiler to produce an executable, this does not cause the resulting executable to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU General Public License.
This file is part of the GNU ISO C++ Library. This library is free
software; you can redistribute it and/or modify it under the terms of
the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General
Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 59 Temple Place - Suite 330, Boston, MA 02111-
1307, USA.
As a special exception, you may use this file as part of a free software
library without restriction. Specifically, if other files instantiate
templates or use macros or inline functions from this file, or you
compile this file and link it with other files to produce an executable,
this file does not by itself cause the resulting executable to be
covered by the GNU General Public License. This exception does not
however invalidate any other reasons why the executable file might be
covered by the GNU General Public License.
This library is free software; you can redistribute it and/or modify it under the
terms of the GNU General Public License as published by the Free Software Foundation;
either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this
library; see the file COPYING. If not, write to the Free Software Foundation, 51
Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
As a special exception to GPL, any HTML file which merely makes function calls to
this code, and for that purpose includes it by reference shall be deemed a separate
work for copyright law purposes. In addition, the copyright holders of this code give
you permission to combine this code with free software libraries that are released
under the GNU LGPL. You may copy and distribute such a system following the terms of
the GNU GPL for this code and the LGPL for the libraries. If you modify this code,
you may extend this exception to your version of the code, but you are not obligated
to do so. If you do not wish to do so, delete this exception statement from your
version.
NOTE! This copyright does *not* cover user programs that use kernel
services by normal system calls - this is merely considered normal use
of the kernel, and does *not* fall under the heading of "derived work".
Also note that the GPL below is copyrighted by the Free Software
Foundation, but the instance of code that it refers to (the Linux
kernel) is copyrighted by me and others who actually wrote it.
Also note that the only valid version of the GPL as far as the kernel
is concerned is _this_ particular version of the license (ie v2, not
v2.2 or v3.x or whatever), unless explicitly otherwise stated.
Linus Torvalds
This library is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
ADDITIONAL LICENSE TERMS
In addition to the standard GPL 2.0 license, here are some
conditions I'd like clarify.
0. If you modify this product, you MUST publish your changes. Period.
1. If you re-write this product in other language (e.g. C++) and
"intently view" the product's Perl sources while coding, you must
also license your results as GPL 2.0.
2. The author of this product (Dmitry Koterov, http://dmitry.moikrug.ru) may
change the product's license type and any of license conditions.
He is also permitted to make private modifications and do not publish them.
If you have questions, fill free to contact the author:
dmitry.koterov@gmail.com
Note that the only valid version of the GPL as far as this project
is concerned is _this_ particular version of the license (ie v2, not
v2.2 or v3.x or whatever), unless explicitly otherwise stated.
----------------------------------------------------------------------
LINKING EXCEPTION
In addition to the permissions in the GNU General Public License,
the authors give you unlimited permission to link the compiled
version of this library into combinations with other programs,
and to distribute those combinations without any restriction
coming from the use of this file. (The General Public License
restrictions do apply in other respects; for example, they cover
modification of the file, and distribution when not linked into
a combined executable.)
The software in this package is distributed under the GNU General Public
License with the "Library Exception" described below. A copy of GNU
General Public License (GPL) is included in this distribution, in the
file LICENSE-GPL.txt. All the files distributed under GPL also include
the following special exception:
As a special exception, the copyright holders of this library give you
permission to link this library with independent modules to produce an
executable, regardless of the license terms of these independent
modules, and to copy and distribute the resulting executable under terms
of your choice, provided that you also meet, for each linked independent
module, the terms and conditions of the license of that module. An
independent module is a module which is not derived from or based on
this library. If you modify this library, you may extend this exception
to your version of the library, but you are not obligated to do so. If
you do not wish to do so, delete this exception statement from your
version.
As such, this software can be used to run free as well as proprietary
applications and applets. Modifications made to the classes in this
distribution must however be distributed under the GPL, optionally with
the same exception as above.
This library is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later version.
As a special exception to the GNU General Public License,
if you distribute this file as part of a program or library that
is built using GNU Libtool, you may include this file under the
same distribution terms that you use for the rest of that program.
GNU Libtool is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with GNU Libtool; see the file COPYING. If not, a copy
can be downloaded from http://www.gnu.org/licenses/gpl.html, or
obtained by writing to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
Distributed under the FSF GPL with additional restriction that results may be
published only if
(1) the benchmark is unmodified, and
(2) the version in the sccsid below is included in the report.
In the file COPYING-1:
The set of programs and documentation known as "lmbench" are distributed under
the Free Software Foundation's General Public License with the following
additional restrictions (which override any conflicting restrictions in the GPL):
1. You may not distribute results in any public forum, in any publication,
or in any other way if you have modified the benchmarks.
2. You may not distribute the results for a fee of any kind. This includes
web sites which generate revenue from advertising.
This library is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this library; see the file COPYING. If not, write to the Free Software
Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
As a special exception to the MySQL Connector/ODBC GPL license, one is
allowed to use the product with any ODBC manager, even if the ODBC manager
is not licensed under the GPL. In other words: The ODBC manager itself is
not affected by the MySQL Connector/ODBC GPL license.
This library is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
MySQL FLOSS License Exception
The MySQL AB Exception for Free/Libre and Open Source Software-only Applications Using MySQL Client Libraries (the "FLOSS Exception").
Version 0.6, 7 March 2007
Exception Intent
We want specified Free/Libre and Open Source Software (``FLOSS'') applications to be able to use specified GPL-licensed MySQL client libraries (the ``Program'') despite the fact that not all FLOSS licenses are compatible with version 2 of the GNU General Public License (the ``GPL'').
Legal Terms and Conditions
As a special exception to the terms and conditions of version 2.0 of the GPL:
1. You are free to distribute a Derivative Work that is formed
entirely from the Program and one or more works (each, a
"FLOSS Work") licensed under one or more of the licenses
listed below in section 1, as long as:
a. You obey the GPL in all respects for the Program and the
Derivative Work, except for identifiable sections of the
Derivative Work which are not derived from the Program,
and which can reasonably be considered independent and
separate works in themselves,
b. all identifiable sections of the Derivative Work which
are not derived from the Program, and which can
reasonably be considered independent and separate works
in themselves,
i. are distributed subject to one of the FLOSS licenses
listed below, and
ii. the object code or executable form of those sections
are accompanied by the complete corresponding
machine-readable source code for those sections on
the same medium and under the same FLOSS license as
the corresponding object code or executable forms of
those sections, and
c. any works which are aggregated with the Program or with a
Derivative Work on a volume of a storage or distribution
medium in accordance with the GPL, can reasonably be
considered independent and separate works in themselves
which are not derivatives of either the Program, a
Derivative Work or a FLOSS Work.
If the above conditions are not met, then the Program may only
be copied, modified, distributed or used under the terms and
conditions of the GPL or another valid licensing option from
MySQL AB.
2. FLOSS License List
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 1.0/1.1/2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Development and Distribution License (CDDL) 1.0
Common Public License 1.0
Eclipse Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1
Jabber Open Source License 1.0
MIT license (As listed in file MIT-License.txt) ---
Mozilla Public License (MPL) 1.0/1.1
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) ---
Python Software Foundation License 2.1.1
Sleepycat License "1999"
University of Illinois/NCSA Open Source License ---
W3C License "2001"
X11 License "2001"
Zlib/libpng License ---
Zope Public License 2.0
Due to the many variants of some of the above licenses, we
require that any version follow the 2003 version of the Free
Software Foundation's Free Software Definition
(http://www.gnu.org/philosophy/free-sw.html) or version 1.9 of
the Open Source Definition by the Open Source Initiative
(http://www.opensource.org/docs/definition.php).
3. Definitions
a. Terms used, but not defined, herein shall have the
meaning provided in the GPL.
b. Derivative Work means a derivative work under copyright
law.
4. Applicability: This FLOSS Exception applies to all Programs
that contain a notice placed by MySQL AB saying that the
Program may be distributed under the terms of this FLOSS
Exception. If you create or distribute a work which is a
Derivative Work of both the Program and any other work
licensed under the GPL, then this FLOSS Exception is not
available for that work; thus, you must remove the FLOSS
Exception notice from that work and comply with the GPL in all
respects, including by retaining all GPL notices. You may
choose to redistribute a copy of the Program exclusively under
the terms of the GPL by removing the FLOSS Exception notice
from that copy of the Program, provided that the copy has
never been modified by you or any third party.
Appendix A. Qualified Libraries and Packages
The following is a non-exhaustive list of libraries and packages
which are covered by the FLOSS License Exception. Please note that
this appendix is provided merely as an additional service to
specific FLOSS projects wishing to simplify licensing information
for their users. Compliance with one of the licenses noted under
the "FLOSS license list" section remains a prerequisite.
Package Name Qualifying License and Version
Apache Portable Runtime (APR) Apache Software License 2.0
This library is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
"CLASSPATH" EXCEPTION TO THE GPL VERSION 2
Certain source files distributed by Sun Microsystems, Inc. are subject to the following clarification and special exception to the GPL Version 2, but only where Sun has expressly included in the particular source file's header the words
"Sun designates this particular file as subject to the "Classpath" exception as provided by Sun in the License file that accompanied this code."
Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License Version 2 cover the whole combination.
As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
OPENJDK ASSEMBLY EXCEPTION
The OpenJDK source code made available openjdk.dev.java.net ("OpenJDK Code") is distributed under the terms of the GNU General Public License <http://www.gnu.org/copyleft/gpl.html> version 2 only ("GPL2"), with the following clarification and special exception.
Linking this OpenJDK Code statically or dynamically with other code is making a combined work based on this library. Thus, the terms and conditions of GPL2 cover the whole combination.
As a special exception, Sun gives you permission to link this OpenJDK Code with certain code licensed by Sun as indicated at http://openjdk.java.net/legal/exception-modules-2007-05-08.html ("Designated Exception Modules") to produce an executable, regardless of the license terms of the Designated Exception Modules, and to copy and distribute the resulting executable under GPL2, provided that the Designated Exception Modules continue to be governed by the licenses under which they were offered by Sun.
As such, it allows licensees and sublicensees of Sun's GPL2 OpenJDK Code to build an executable that includes those portions of necessary code that Sun could not provide under GPL2 (or that Sun has provided under GPL2 with the Classpath exception). If you modify or add to the OpenJDK code, that new GPL2 code may still be combined with Designated Exception Modules if the new code is made subject to this exception by its copyright holder.
from http://openjdk.java.net/legal/exception-modules-2007-05-08.html
OpenJDK Designated Exception Modules
8 May 2007
For purposes of those files in the OpenJDK distribution that are subject to the Assembly Exception, the following shall be deemed Designated Exception Modules:
Those files in the OpenJDK distribution available at openjdk.java.net, openjdk.dev.java.net, and download.java.net to which Sun has applied the Classpath Exception,
Any of your derivative works of #1 above, to the extent you license them under the GPLv2 with the Classpath Exception as defined in the OpenJDK distribution available at openjdk.java.net, openjdk.dev.java.net, or download.java.net,
Any files in the OpenJDK distribution that are made available at openjdk.java.net, openjdk.dev.java.net, or download.java.net under a binary code license, and
Any files in the OpenJDK distribution that are made available at openjdk.java.net, openjdk.dev.java.net, or download.java.net under an open source license other than GPL, and your derivatives thereof that are in compliance with the applicable open source license.
The OpenSSL License is not compatible with the GPL, since it contains the following two clauses:
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
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PLEASE CAREFULLY READ THIS LICENSE AGREEMENT, ESPECIALLY IF YOU PLAN
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ABSTRACT
========
UPX and UCL are copyrighted software distributed under the terms of the GNU General Public License (hereinafter the "GPL").
The stub which is imbedded in each UPX compressed program is part of UPX and UCL, and contains code that is under our copyright. The terms of the GNU General Public License still apply as compressing a program is a special form of linking with our stub.
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GNU GENERAL PUBLIC LICENSE
==========================
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============================================
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Markus F.X.J. Oberhumer Laszlo Molnar
markus.oberhumer@jk.uni-linz.ac.at ml1050@cdata.tvnet.hu
Linz, Austria, 25 Feb 2000
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prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
License
ProGuard is free. You can use it freely for processing your applications,
commercial or not. Your code obviously remains yours after having been processed,
and its license can remain the same.
The ProGuard code itself is copyrighted, but its distribution license provides
you with some rights for modifying and redistributing its code and its
documentation. More specifically, ProGuard is distributed under the terms of the
GNU General Public License (GPL), version 2, as published by the Free Software
Foundation (FSF). In short, this means that you may freely redistribute the
program, modified or as is, on the condition that you make the complete source
code available as well. If you develop a program that is linked with ProGuard,
the program as a whole has to be distributed at no charge under the GPL. I am
granting a special exception to the latter clause (in wording suggested by the
FSF), for combinations with the following stand-alone applications: Apache Ant,
Apache Maven, the Google Android SDK, the Eclipse ProGuardDT GUI, the EclipseME
JME IDE, the Oracle NetBeans Java IDE, the Oracle JME Wireless Toolkit, the
Intel TXE SDK, the Simple Build Tool for Scala, the NeoMAD Tools by Neomades,
the Javaground Tools, and the Sanaware Tools.
The ProGuard user documentation is copyrighted as well. It may only be
redistributed without changes, along with the unmodified version of the code.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, version 2.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this library; see the file COPYING. If not, write to the Free Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
As a special exception, the copyright holder(s) give permission to link
this program with the Qt Library (commercial or non-commercial edition),
and distribute the resulting executable, without including the source
code for the Qt library in the source distribution.
As a special exception, the copyright holder(s) give permission to link
this program with any other library, and distribute the resulting
executable, without including the source code for the library in the
source distribution, provided that the library interfaces with this
program only via the following plugin interfaces:
1. The Qt Plugin APIs, only as authored by Trolltech
2. The QCA Plugin API, only as authored by Justin Karneges
This library is free software; you can redistribute it and/or modify it under the
terms of the GNU General Public License as published by the Free Software Foundation;
either version 2, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this
library; see the file COPYING. If not, write to the Free Software Foundation, 51
Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
In addition, as a special exception, Red Hat, Inc. gives You the additional right to
link the code of this Program with code not covered under the GNU General Public
License ("Non-GPL Code") and to distribute linked combinations including the two,
subject to the limitations in this paragraph. Non-GPL Code permitted under this
exception must only link to the code of this Program through those well defined
interfaces identified in the file named EXCEPTION found in the source code files (the
"Approved Interfaces"). The files of Non-GPL Code may instantiate templates or use
macros or inline functions from the Approved Interfaces without causing the resulting
work to be covered by the GNU General Public License. Only Red Hat, Inc. may make
changes or additions to the list of Approved Interfaces. You must obey the GNU
General Public License in all respects for all of the Program code and other code
used in conjunction with the Program except the Non-GPL Code covered by this
exception. If you modify this file, you may extend this exception to your version of
the file, but you are not obligated to do so. If you do not wish to provide this
exception without modification, you must delete this exception statement from your
version and license this file solely under the GPL without exception.
RRDTOOL - Round Robin Database Tool
A tool for fast logging of numerical data graphical display
of this data.
Copyright (c) 1998-2009 Tobias Oetiker
All rights reserved.
GNU GPL License
===============
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the Free
Software Foundation; either version 2 of the License, or (at your option)
any later version.
This program is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for
more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
FLOSS License Exception
=======================
(Adapted from http://www.mysql.com/company/legal/licensing/foss-exception.html )
I want specified Free/Libre and Open Source Software ("FLOSS")
applications to be able to use specified GPL-licensed RRDtool
libraries (the "Program") despite the fact that not all FLOSS licenses are
compatible with version 2 of the GNU General Public License (the "GPL").
As a special exception to the terms and conditions of version 2.0 of the GPL:
You are free to distribute a Derivative Work that is formed entirely from
the Program and one or more works (each, a "FLOSS Work") licensed under one
or more of the licenses listed below, as long as:
1. You obey the GPL in all respects for the Program and the Derivative
Work, except for identifiable sections of the Derivative Work which are
not derived from the Program, and which can reasonably be considered
independent and separate works in themselves,
2. all identifiable sections of the Derivative Work which are not derived
from the Program, and which can reasonably be considered independent and
separate works in themselves,
1. are distributed subject to one of the FLOSS licenses listed
below, and
2. the object code or executable form of those sections are
accompanied by the complete corresponding machine-readable source
code for those sections on the same medium and under the same FLOSS
license as the corresponding object code or executable forms of
those sections, and
3. any works which are aggregated with the Program or with a Derivative
Work on a volume of a storage or distribution medium in accordance with
the GPL, can reasonably be considered independent and separate works in
themselves which are not derivatives of either the Program, a Derivative
Work or a FLOSS Work.
If the above conditions are not met, then the Program may only be copied,
modified, distributed or used under the terms and conditions of the GPL.
FLOSS License List
==================
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 1.0/1.1/2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1
IBM Public License, Version 1.0
Jabber Open Source License 1.0
MIT License (As listed in file MIT-License.txt) -
Mozilla Public License (MPL) 1.0/1.1
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.01
Python license (CNRI Python License) -
Python Software Foundation License 2.1.1
Sleepycat License "1999"
W3C License "2001"
X11 License "2001"
Zlib/libpng License -
Zope Public License 2.0/2.1
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this library; see the file COPYING. If not, write to the Free
Software Foundation, 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA.
The U-Boot Exception:
NOTE! This copyright does *not* cover the so-called "standalone"
applications that use U-Boot services by means of the jump table
provided by U-Boot exactly for this purpose - this is merely considered
normal use of U-Boot, and does *not* fall under the heading of "derived
work".
The header files "include/image.h" and "include/asm-*/u-boot.h" define
interfaces to U-Boot. Including these (unmodified) header files in
another file is considered normal use of U-Boot, and does *not* fall
under the heading of "derived work".
Also note that the GPL below is copyrighted by the Free Software
Foundation, but the instance of code that it refers to (the U-Boot
source code) is copyrighted by me and others who actually wrote it.
-- Wolfgang Denk
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
Additional permission under GPLv3 section 7:
If you modify this Program, or any covered work, by
linking or combining it with OpenSSL, or a modified
version of OpenSSL licensed under the OpenSSL license
(https://www.openssl.org/source/license.html), the licensors of this
Program grant you additional permission to convey the resulting work.
Corresponding Source for a non-source form of such a combination
shall include the source code for the parts that are licensed
under the OpenSSL license as well as that of the covered work.
This program is distributed under the GNU General Public license. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License, Version 3, as published by the Free Software Foundation.
Any modifications must keep this entire license intact.
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Section 7 Exception
As a special exception to the terms and conditions of the GNU General Public License Version 3 (the "GPL"): You are free to convey a modified version that is formed entirely from this file (for purposes of this exception, the "Program" under the GPL) and the works identified at http://www.aptana.com/legal/gpl (each an "Excepted Work"), which are conveyed to you by Appcelerator, Inc. and licensed under one or more of the licenses identified in the Excepted License List below (each an "Excepted License"), as long as:
1. you obey the GPL in all respects for the Program and the modified version, except for Excepted Works which are identifiable sections of the modified version, which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,
2. all Excepted Works which are identifiable sections of the modified version, which are not derived from the Program, and which can reasonably be considered independent and separate works in themselves,
1. are distributed subject to the Excepted License under which they were originally licensed, and
2. are not themselves modified from the form in which they are conveyed to you by Aptana, and
3. the object code or executable form of those sections are accompanied by the complete corresponding machine-readable source code for those sections, on the same medium as the corresponding object code or executable forms of those sections, and are licensed under the applicable Excepted License as the corresponding object code or executable forms of those sections, and
3. any works which are aggregated with the Program, or with a modified version on a volume of a storage or distribution medium in accordance with the GPL, are aggregates (as defined in Section 5 of the GPL) which can reasonably be considered independent and separate works in themselves and which are not modified versions of either the Program, a modified version, or an Excepted Work.
If the above conditions are not met, then the Program may only be copied, modified, distributed or used under the terms and conditions of the GPL or another valid licensing option from Appcelerator, Inc. Terms used but not defined in the foregoing paragraph have the meanings given in the GPL.
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Excepted License List
* Apache Software License: version 1.0, 1.1, 2.0
* Eclipse Public License: version 1.0
* GNU General Public License: version 2.0
* GNU Lesser General Public License: version 2.0
* License of Jaxer
* License of HTML jTidy
* Mozilla Public License: version 1.1
* W3C License
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* MIT License
* Aptana Commercial Licenses
This list may be modified by Appcelerator from time to time. See Appcelerator's website for the latest version.
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However, in addition to the other notice obligations of this License, all copies of any covered work conveyed by you must include on each user interface screen and in the Appropriate Legal Notices the following text: "Powered by Aptana". On user interface screens, this text must be visibly and clearly displayed in the title bar, status bar, or otherwise directly in the view that is in focus.
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This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
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with this program. If not, see <http://www.gnu.org/licenses/>.
AUTOCONF CONFIGURE SCRIPT EXCEPTION
Version 3.0, 18 August 2009
Copyright © 2009 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this
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Skeleton implementation for Bison's Yacc-like parsers in C
Copyright (C) 1984, 1989-1990, 2000-2006, 2009-2010 Free Software
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This program is free software: you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
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This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
As a special exception, you may create a larger work that contains
part or all of the Bison parser skeleton and distribute that work
under terms of your choice, so long as that work isn't itself a
parser generator using the skeleton or a modified version thereof
as a parser skeleton. Alternatively, if you modify or redistribute
the parser skeleton itself, you may (at your option) remove this
special exception, which will cause the skeleton and the resulting
Bison output files to be licensed under the GNU General Public
License without this special exception.
This special exception was added by the Free Software Foundation in
version 2.2 of Bison.
Cygwin is free software. Red Hat, Inc. licenses Cygwin to you under the
terms of the GNU General Public License as published by the Free Software
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the GNU General Public License either version 3 of the license, or (at your
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given below.
There is NO WARRANTY for this software, express or implied, including
the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program. If not, see <http://gnu.org/licenses/>.
Additional Permissions:
1. Linking Exception.
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software whose sources are distributed under a license that satisfies
the Open Source Definition with libcygwin.a, without libcygwin.a
itself causing the resulting program to be covered by GPLv3+.
This means that you can port an Open Source application to Cygwin, and
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See http://www.opensource.org/docs/osd/ for the precise Open Source
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2. Files Excluded from GPL Coverage.
Red Hat grants you permission to distribute Cygwin with the following
files, which are not considered part of Cygwin and are not governed by
GPLv3+, in source or binary form.
winsup\testsuite\winsup.api\msgtest.c
winsup\testsuite\winsup.api\semtest.c
winsup\testsuite\winsup.api\shmtest.c
Red Hat grants you permission to link or combine code in Cygwin with
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Cygwin itself. You must comply with GPLv3+ with respect to all
portions of such combinations other than those that correspond to or
are derived from such non-Cygwin code but which do not correspond to
or are not derived from Cygwin itself.
winsup\cygserver\sysv_shm.cc
3. Alternative License.
Red Hat sells a special Cygwin License for customers who are unable to
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Outside the US call your regional Red Hat office, see
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GNU FreeFont License
Free UCS scalable fonts is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version.
The fonts are distributed in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
As a special exception, if you create a document which uses this font, and embed this font or unaltered portions of this font into the document, this font does not by itself cause the resulting document to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the document might be covered by the GNU General Public License. If you modify this font, you may extend this exception to your version of the font, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
This program is free software: you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
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version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this program. If not, see <http://www.gnu.org/licenses/>.
GCC RUNTIME LIBRARY EXCEPTION
Version 3.1, 31 March 2009
Copyright © 2009 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
This GCC Runtime Library Exception ("Exception") is an additional permission
under section 7 of the GNU General Public License, version 3 ("GPLv3"). It
applies to a given file (the "Runtime Library") that bears a notice placed by
the copyright holder of the file stating that the file is governed by GPLv3
along with this Exception.
When you use GCC to compile a program, GCC may combine portions of certain GCC
header files and runtime libraries with the compiled program. The purpose of
this Exception is to allow compilation of non-GPL (including proprietary)
programs to use, in this way, the header files and runtime libraries covered by
this Exception.
0. Definitions.
A file is an "Independent Module" if it either requires the Runtime Library for
execution after a Compilation Process, or makes use of an interface provided by
the Runtime Library, but is not otherwise based on the Runtime Library.
"GCC" means a version of the GNU Compiler Collection, with or without
modifications, governed by version 3 (or a specified later version) of the GNU
General Public License (GPL) with the option of using any subsequent versions
published by the FSF.
"GPL-compatible Software" is software whose conditions of propagation,
modification and use would permit combination with GCC in accord with the
license of GCC.
"Target Code" refers to output from any compiler for a real or virtual target
processor architecture, in executable form or suitable for input to an
assembler, loader, linker and/or execution phase. Notwithstanding that, Target
Code does not include data in any format that is used as a compiler intermediate
representation, or used for producing a compiler intermediate representation.
The "Compilation Process" transforms code entirely represented in non-
intermediate languages designed for human-written code, and/or in Java Virtual
Machine byte code, into Target Code. Thus, for example, use of source code
generators and preprocessors need not be considered part of the Compilation
Process, since the Compilation Process can be understood as starting with the
output of the generators or preprocessors.
A Compilation Process is "Eligible" if it is done using GCC, alone or with other
GPL-compatible software, or if it is done without using any work based on GCC.
For example, using non-GPL-compatible Software to optimize any GCC intermediate
representations would not qualify as an Eligible Compilation Process.
1. Grant of Additional Permission.
You have permission to propagate a work of Target Code formed by combining the
Runtime Library with Independent Modules, even if such propagation would
otherwise violate the terms of GPLv3, provided that all Target Code was
generated by Eligible Compilation Processes. You may then convey such a
combination under terms of your choice, consistent with the licensing of the
Independent Modules.
2. No Weakening of GCC Copyleft.
The availability of this Exception does not imply any general presumption that
third-party software is unaffected by the copyleft requirements of the license
of GCC.
Linking [name of library] statically or dynamically with other modules is making a combined work based on [name of library]. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of [name of library] give you permission to combine [name of library] program with free software programs or libraries that are released under the GNU LGPL and with independent modules that communicate with [name of library] solely through the [name of library's interface] interface. You may copy and distribute such a system following the terms of the GNU GPL for [name of library] and the licenses of the other code concerned, provided that you include the source code of that other code when and as the GNU GPL requires distribution of source code and provided that you do not modify the [name of library's interface] interface.
Note that people who make modified versions of [name of library] are not obligated to grant this special exception for their modified versions; it is their choice whether to do so. The GNU General Public License gives permission to release a modified version without this exception; this exception also makes it possible to release a modified version which carries forward this exception. If you modify the [name of library's interface] interface, this exception does not apply to your modified version of [name of library], and you must remove this exception when you distribute your modified version.
This exception is an additional permission under section 7 of the GNU General Public License, version 3 ("GPLv3")
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or combining it with [name of library] (or a modified version of that library), containing parts covered by the terms of [name of library's license], the licensors of this Program grant you additional permission to convey the resulting work.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or combining it with [name of library] (or a modified version of that library), containing parts covered by the terms of [name of library's license], the licensors of this Program grant you additional permission to convey the resulting work. {Corresponding Source for a non-source form of such a combination shall include the source code for the parts of [name of library] used as well as that of the covered work.}
Open BlueDragon (OpenBD) is distributed under the GNU General Public
License (v3). A copy of this can be found in the COPYING.txt file or
at http://www.gnu.org/licenses/
Additional Permission Granted by tagServlet Ltd:
tagServlet Ltd grants the user the exception to distribute the entire
Open BlueDragon runtime libraries without the web application (.cfml, .html,
.js, .css, etc) that Open BlueDragon powers, from itself being licensed
under the GNU General Public License (v3), as long the entire runtime
remains intact and includes all license information.
This exception does not overrule the embedded JAR files and where applicable
the entire Open BlueDragon runtime only, must be available for inspection if
ever asked, complete with all these copyright and license information.
This applies only to distribution for the purpose of powering end-user CFML
applications. This exception does not include embedding/linking any part of the
runtime of Open BlueDragon within any other application other than a Servlet container
whose sole purpose is to render CFML applications. Linking or usage by any
Java application (even through CFML), is not permitted.
Any modification, enhancements, linking, to the Open BlueDragon runtime still falls
under the GNU General Public License (v3).
______ Building Prerequisites _______
You will require the following to be able to build OpenBD from source:
x Java Developers Kit Virtual Machine 1.6
x Apache Ant (http://ant.apache.org/)
Optional, OpenBD source drop includes an Eclipse project to enable
building and debugging under the Eclipse IDE (http://www.eclipse.org/).
______ Deployment Prerequisites _______
You will require the following to be able to run OpenBD:
x Java Virtual Machine 1.6
x J2EE compliant server (ie Jetty, Apache Tomcat, Redhat JBoss)
______ External JAR Dependency _______
OpenBD utilises a number of external open source libraries to provide some
of the functionality contained within. This section details all the
external JAR's associated with building and/or deployment of OpenBD.
Permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or combining
it with any of the JAR files listed below (or a modified version of that
library), containing parts covered by the terms of "Java JAX-RPC", the
licensors of this Program grant you additional permission to convey the
resulting work.
+ activation.jar
mail.jar
https://glassfish.dev.java.net/javaee5/mail/
+ commons-dbcp-1.1.jar
commons-pool-1.1.jar
commons-codec-1.4.jar
commons-collections-3.2.1.jar
commons-discovery.jar
commons-fileupload-1.2.1.jar
commons-httpclient-3.1bd.jar
commons-io-1.4.jar
commons-logging.1.1.1.jar
commons-vfs.jar
http://commons.apache.org/
+ xmlrpc-1.2-b1.jar
http://ws.apache.org/xmlrpc/
+ jakarta-oro-2.0.8.jar
http://jakarta.apache.org/oro/
+ servlet23.jar
http://tomcat.apache.org/
+ javolution.jar
http://javolution.org/
+ jaxrpc.jar
https://jax-rpc.dev.java.net/
+ jcommon-1.0.0.jar
jfreechart-1.0.1.jar
http://www.jfree.org/
+ lucene-analyzers-3.x.jar
lucene-core-3.x.jar
lucene-highlighter-3.x.jar
lucene-snowball-3.x.jar
http://lucene.apache.org/
+ PDFBox-0.7.2.jar
http://www.pdfbox.org/
+ postgresql.jar
http://www.postgresql.org/
+ saaj.jar
https://saaj.dev.java.net/
+ webservices.jar
http://ws.apache.org/axis/
+ wsdl4j.jar
http://sourceforge.net/projects/wsdl4j
+ h2.jar
http://www.h2database.com/html/main.html
+ vfs-s3
http://code.google.com/p/vfs-s3/
+ JetS3
https://jets3t.dev.java.net/
+ JSON Library [org.json]
http://www.json.org/java/index.html
+ Oracle 10g JDBC Driver
http://www.oracle.com/technology/software/tech/java/sqlj_jdbc/htdocs/jdbc_10201.html
http://www.oracle.com/technology/software/popup-license/distribution-license.html
+ Microsoft SQL Server JDBC Driver
http://www.microsoft.com/downloads/details.aspx?FamilyId=C47053EB-3B64-4794-950D-81E1EC91C1BA
+ jTDS SQL Server Driver
http://jtds.sourceforge.net/
http://jtds.sourceforge.net/license.html
+ jericho-html-3.1
http://jerichohtml.sourceforge.net/doc/index.html
+ flowplayer 3.0.5 Flash Video Player (GPL)
http://www.flowplayer.org/
+ Yahoo YUI Compressor BSD/RhinoGPL
yuicompressor-2.4.2
+ Jackson JSON library
http://jackson.codehaus.org/
______ Special Build JARs _______
OpenBD has had to make certain modifications to existing open source libraries. These
are available in the ./extra/ folder with everything required to rebuild those library.
+ XALAN
xalan-openbd-build.zip
+ Jackson-1.8.3-openbd.jar
Support for YES|NO boolean
______ Official OpenBD Wiki _______
http://wiki.openbluedragon.org/
______ Official OpenBD Docs _______
http://openbd.org/manual/
______ Support Mailing List _______
You can subscribe to the public mailing list at:
http://groups.google.com/group/openbd
This program is free software: you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation, either version 3 of the License, or (at your option) any later
version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this program. If not, see <http://www.gnu.org/licenses/>.
In addition, as a special exception, the copyright holders give permission to
link the code of portions of this program with the OpenSSL library under certain
conditions as described in each individual source file, and distribute linked
combinations including the two.
You must obey the GNU General Public License in all respects for all of the code
used other than OpenSSL. If you modify file(s) with this exception, you may
extend this exception to your version of the file(s), but you are not obligated
to do so. If you do not wish to do so, delete this exception statement from
your version. If you delete this exception statement from all source files in
the program, then also delete it here.
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for
software and other kinds of works.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast,
the GNU General Public License is intended to guarantee your freedom to
share and change all versions of a program--to make sure it remains free
software for all its users. We, the Free Software Foundation, use the
GNU General Public License for most of our software; it applies also to
any other work released this way by its authors. You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
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have the freedom to distribute copies of free software (and charge for
them if you wish), that you receive source code or can get it if you
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To protect your rights, we need to prevent others from denying you
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For example, if you distribute copies of such a program, whether
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Developers that use the GNU GPL protect your rights with two steps:
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For the developers' and authors' protection, the GPL clearly explains
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Some devices are designed to deny users access to install or run
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Finally, every program is threatened constantly by software patents.
States should not allow patents to restrict development and use of
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avoid the special danger that patents applied to a free program could
make it effectively proprietary. To prevent this, the GPL assures that
patents cannot be used to render the program non-free.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a "modified version" of the
earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through
a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the
work under this License, and how to view a copy of this License. If
the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
form of a work.
A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that
is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of
packaging a Major Component, but which is not part of that Major
Component, and (b) serves only to enable use of the work with that
Major Component, or to implement a Standard Interface for which an
implementation is available to the public in source code form. A
"Major Component", in this context, means a major essential component
(kernel, window system, and so on) of the specific operating system
(if any) on which the executable work runs, or a compiler used to
produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
the source code needed to generate, install, and (for an executable
work) run the object code and to modify the work, including scripts to
control those activities. However, it does not include the work's
System Libraries, or general-purpose tools or generally available free
programs which are used unmodified in performing those activities but
which are not part of the work. For example, Corresponding Source
includes interface definition files associated with source files for
the work, and the source code for shared libraries and dynamically
linked subprograms that the work is specifically designed to require,
such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
covered work is covered by this License only if the output, given its
content, constitutes a covered work. This License acknowledges your
rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains
in force. You may convey covered works to others for the sole purpose
of having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10
makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
material by anyone who conveys the material (or modified versions of
it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU Affero General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the special requirements of the GNU Affero General Public License,
section 13, concerning interaction through a network will apply to the
combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program. If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short
notice like this when it starts in an interactive mode:
<program> Copyright (C) <year> <name of author>
This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, your program's commands
might be different; for a GUI interface, you would use an "about box".
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU GPL, see
<https://www.gnu.org/licenses/>.
The GNU General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you
may consider it more useful to permit linking proprietary applications with
the library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License. But first, please read
<https://www.gnu.org/licenses/why-not-lgpl.html>.
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for
software and other kinds of works.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast,
the GNU General Public License is intended to guarantee your freedom to
share and change all versions of a program--to make sure it remains free
software for all its users. We, the Free Software Foundation, use the
GNU General Public License for most of our software; it applies also to
any other work released this way by its authors. You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
them if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs, and that you know you can do these things.
To protect your rights, we need to prevent others from denying you
these rights or asking you to surrender the rights. Therefore, you have
certain responsibilities if you distribute copies of the software, or if
you modify it: responsibilities to respect the freedom of others.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must pass on to the recipients the same
freedoms that you received. You must make sure that they, too, receive
or can get the source code. And you must show them these terms so they
know their rights.
Developers that use the GNU GPL protect your rights with two steps:
(1) assert copyright on the software, and (2) offer you this License
giving you legal permission to copy, distribute and/or modify it.
For the developers' and authors' protection, the GPL clearly explains
that there is no warranty for this free software. For both users' and
authors' sake, the GPL requires that modified versions be marked as
changed, so that their problems will not be attributed erroneously to
authors of previous versions.
Some devices are designed to deny users access to install or run
modified versions of the software inside them, although the manufacturer
can do so. This is fundamentally incompatible with the aim of
protecting users' freedom to change the software. The systematic
pattern of such abuse occurs in the area of products for individuals to
use, which is precisely where it is most unacceptable. Therefore, we
have designed this version of the GPL to prohibit the practice for those
products. If such problems arise substantially in other domains, we
stand ready to extend this provision to those domains in future versions
of the GPL, as needed to protect the freedom of users.
Finally, every program is threatened constantly by software patents.
States should not allow patents to restrict development and use of
software on general-purpose computers, but in those that do, we wish to
avoid the special danger that patents applied to a free program could
make it effectively proprietary. To prevent this, the GPL assures that
patents cannot be used to render the program non-free.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a "modified version" of the
earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through
a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the
work under this License, and how to view a copy of this License. If
the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
form of a work.
A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that
is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of
packaging a Major Component, but which is not part of that Major
Component, and (b) serves only to enable use of the work with that
Major Component, or to implement a Standard Interface for which an
implementation is available to the public in source code form. A
"Major Component", in this context, means a major essential component
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produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
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work) run the object code and to modify the work, including scripts to
control those activities. However, it does not include the work's
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programs which are used unmodified in performing those activities but
which are not part of the work. For example, Corresponding Source
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such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
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rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
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of having them make modifications exclusively for you, or provide you
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for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
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Conveying under any other circumstances is permitted solely under
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No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
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When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
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4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
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keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
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You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
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it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
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interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
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trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
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it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU Affero General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the special requirements of the GNU Affero General Public License,
section 13, concerning interaction through a network will apply to the
combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program. If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short
notice like this when it starts in an interactive mode:
<program> Copyright (C) <year> <name of author>
This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, your program's commands
might be different; for a GUI interface, you would use an "about box".
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU GPL, see
<https://www.gnu.org/licenses/>.
The GNU General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you
may consider it more useful to permit linking proprietary applications with
the library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License. But first, please read
<https://www.gnu.org/licenses/why-not-lgpl.html>.
GPL Cooperation Commitment
Version 1.0
Before filing or continuing to prosecute any legal proceeding or claim
(other than a Defensive Action) arising from termination of a Covered
License, we commit to extend to the person or entity ('you') accused
of violating the Covered License the following provisions regarding
cure and reinstatement, taken from GPL version 3. As used here, the
term 'this License' refers to the specific Covered License being
enforced.
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly
and finally terminates your license, and (b) permanently, if the
copyright holder fails to notify you of the violation by some
reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you
have received notice of violation of this License (for any work)
from that copyright holder, and you cure the violation prior to 30
days after your receipt of the notice.
We intend this Commitment to be irrevocable, and binding and
enforceable against us and assignees of or successors to our
copyrights.
Definitions
'Covered License' means the GNU General Public License, version 2
(GPLv2), the GNU Lesser General Public License, version 2.1
(LGPLv2.1), or the GNU Library General Public License, version 2
(LGPLv2), all as published by the Free Software Foundation.
'Defensive Action' means a legal proceeding or claim that We bring
against you in response to a prior proceeding or claim initiated by
you or your affiliate.
'We' means each contributor to this repository as of the date of
inclusion of this file, including subsidiaries of a corporate
contributor.
This work is available under a Creative Commons Attribution-ShareAlike
4.0 International license (https://creativecommons.org/licenses/by-sa/4.0/).
Gradle Enterprise Software License Agreement
Effective starting: November 8, 2022
This Gradle Enterprise Software License Agreement (the “Agreement”) is entered into as of the date these terms are accepted by Customer (as defined below) (“Effective Date”), by and between Gradle, Inc., a Delaware corporation with its principal place of business at 2261 Market Street #4081, San Francisco, CA 94114 (“Gradle” or “Company”) and the end user of the Software (as defined below), on behalf of itself or its Affiliates (“Customer”) (each of Gradle and Customer a “Party” and together, the “Parties”). References to “us” and “we” in this Agreement shall refer to Gradle. References to “you” or and “yours” in this Agreement shall refer to the Customer.
1. Definitions. As used in this Agreement:
“Affiliate” of a Party means any person that directly or indirectly, through one or more intermediaries, now or hereinafter, owns or controls, is owned or is controlled by or is under common ownership or control with that Party, where “control” is defined as the possession, direct or indirect, of the power to direct the policies, management or affairs of an entity, whether through ownership of voting securities, by contract, or otherwise, and “ownership” means the beneficial ownership of fifty percent (50%) (or, if the applicable jurisdiction does not allow majority ownership, the maximum amount permitted under such law) or more of the voting equity securities or other equivalent voting interests of the entity.
“Agreement Effective Date” is the earlier of the Effective Date or the date that Customer, or its representative or any reseller on behalf of Customer, first places an order for the Software through an Order Form.
“Defect” means any failure of the Software to meet the specifications contained in the Documentation for the Software.
“Documentation” means all documents and materials provided by Gradle to the Customer that aid the Customer in the use and operation of Software, including (i) functional, technical, design and performance specifications and characteristics, (ii) product documentation, drawings, reports, notes, memoranda and commentary, (iii) installation, configuration, administration, operation and maintenance procedures and instructions, and (iv) training materials, end user manuals and guides. Documentation is considered part of the Software.
“Fees” means the fees Customer is required to pay Gradle to use the Software during the applicable Order Form Term (as defined below). The Fees are reflected on each applicable Order Form.
The “Order Form” is a written or electronic form provided by Gradle to Customer or Customer’s Affiliate that describes the Software that Gradle is to provide to Customer or Customer’s Affiliate hereunder as well as the Fees and that specifically references this Agreement. Once delivered by Gradle, each Order Form shall be incorporated into and becomes a part of this Agreement.
“Seats” means the number of Users authorized to use the Software, as set forth in the applicable Order Form.
“Software” means the Gradle Enterprise downloadable software product, including the Documentation and any generally available Updates.
An “Update” is a Software release that the Company makes generally available to its customers, along with any corresponding changes to Documentation. An Update includes bug fixes, error corrections, patches, major or minor releases, or any other changes or enhancements. An Update is generally indicated by a change in the digit to the right of the second decimal point (e.g., a change from version x.x.x to x.x.y). An Update including an enhancement, new feature, or new functionality, is generally indicated by a change in the digit to the right of the first decimal point (e.g., x.x.x to x.y.x) or to the left of the first decimal point (e.g., x.x.x to y.x.x).
“User” means a person who accesses, uses, interacts with or directs the Software in the performance of its functions and/or contributing code to a source repository that has a build that is connected with Gradle Enterprise to collect build data, use the Gradle Enterprise build cache or use the Gradle Enterprise testing agent. For the avoidance of doubt, any person who accesses, uses or interacts with the Software for oversight or governance purposes (i.e. internal audit, external audit, or internal security risk personnel) shall not be deemed to be a “User” under this Agreement for purposes of Seat count.
“Virus” means any virus, malware, spyware, malicious code, trojan horse, worm, back door or other program, routine, instruction, device or code that would, or is designed or intended to, delete, disrupt, disable, deactivate, interfere with, dispute, erase, deny access to, enable any person to access without authorization, produce modifications of, or otherwise interfere with the use of the Software and excludes License Key Mechanisms. “License Key Mechanism” means a mechanism solely intended to disable the Software after the termination or expiration of the applicable Order Form, or in the event Software is used in a manner that exceeds the Scope of Use. If Software is disabled by any such License Key Mechanism during the applicable Order Form Term in the absence of any unauthorized use of the Software, Gradle shall promptly provide Software “keys” to enable the Software at Customer’s request.
Other capitalized terms used in this Agreement shall have the meanings set forth herein.
2. Account registration. Customer may need to register for an Gradle account in order to place orders or access or receive the Software. Any registration information that Customer provides to Gradle must be accurate, current and complete. Customer must update and keep current the registration information provided to Gradle so that Gradle may send notices, statements and other information to Customer via email or through Customer’s account. Customer is responsible for all actions taken through its Gradle account.
3. Order.
3.1 Directly with Gradle. Each Order Form shall specify the authorized scope of use for the Software, which may include, as applicable, (i) usage metrics and (ii) the number and type of authorized Seats (as defined below) (collectively, “Scope of Use”). The term “Order Form” also includes any amendment or expansion order forms requested by and delivered to Customer or Customer’s Affiliate for Software or Support and Maintenance services or to amend, increase or upgrade the Scope of Use.
3.2 Reseller Orders. If Customer purchases the Software through an authorized reseller (each a “Reseller”), the Scope of Use shall be as stated in the Order Form placed by Reseller for Customer, and Reseller is responsible for the accuracy of any such Order Form. Resellers are not authorized to make any promises or commitments on Gradle’s behalf, and Gradle is not bound by any obligations to any end user or Customer, other than as set forth in this Agreement. The terms of any transaction between a Customer or end user and a Reseller shall be governed by and subject to the agreement entered into by and between such Customer or end user and Reseller with respect to such transaction. Notwithstanding the foregoing, use of the Software by any end user, regardless of whether the Software was purchased from a Reseller, shall be governed by the terms of this Agreement, and any end user of the Software shall be subject to and bound by the terms of this Agreement in the same manner as a Customer.
3.3 Seats. Only one User may use a Seat at any given time. Customer may remove or suspend Users at its own discretion. In the event of removal or suspension of a User by Customer, Customer may assign a new User to the unoccupied Seat only after such Seat has remained inactive for a period of thirty (30) days (a “Reassigned Seat”). A Reassigned Seat shall continue under the Order Form Term of the original User. Customer may increase the number of authorized Seats permitted to access the Software by requesting expansion Order Form. Customer shall be charged the same amount on a per-Seat basis for the applicable Order Form Term, prorated for the remainder of the applicable Order Form Term. Upon any renewal of the applicable Order Form Term, Gradle shall invoice Customer for all Seats at once (including the Seats added pursuant to an expansion Order Form), at the then-current price. Customer agrees that any orders made for additional Seats during the Order Form Term shall be governed by this Agreement.
3.4 Users. Users may be Customer or its Affiliates’ employees, representatives, consultants, contractors, agents, or other third parties who are acting solely for the benefit of the Customer or its Affiliate or solely on the Customer’s or its Affiliate’s behalf. Customer is responsible for compliance with this Agreement by all Users. All use of Software by Users must be within the Scope of Use and solely for the benefit of the Customer and its Affiliates.
4. Software Terms.
4.1 License Rights. Subject to the terms and conditions of this Agreement, Gradle grants to Customer a non-exclusive, non-sublicensable and non-transferable license to install and use the Software during the applicable Order Form Term in accordance with this Agreement, the Scope of Use, the Documentation and the Order Form. The Software requires a license key in order to operate, which shall be delivered as described in Section 5 (Delivery).
4.2 Third Party Code. The Software includes code and libraries licensed to Gradle by third parties, including software whose licenses require Gradle to make the source code for those components available. The source code for such components shall be provided upon request. Before a new component is added to the Software, Gradle shall complete an internal process to ensure such component may be safely distributed. Gradle warrants that the Software does not and will not include any software distributed under a license that would: (a) grant to any third party any intellectual property rights or other proprietary rights, (b) subject Customer to any obligation to disclose, distribute or license its own product(s) in source code form or otherwise make the product(s) available for use by third parties or for the purpose of creating derivative works, or (c) add or place any more onerous restrictions on Customer’s use of the Software than is included in this Agreement.
4.3 Security. All Software provided by Gradle, including third party embedded software, shall have the latest security patches installed as follows: (i) for Software provided by Gradle, all security patches shall be made available to Customer promptly upon release; and (ii) for third party embedded software, critical security patches (CVSS between 9.1 and 10) shall be made available to Customer within seven (7) days of release.
5. Delivery. Gradle shall deliver the applicable license keys to the email addresses specified in the applicable Order Form upon receipt of payment of the applicable Fees. All deliveries under this Agreement shall be electronic. For the avoidance of doubt, Customer is responsible for installation of any Software, and Customer acknowledges that Gradle has no further delivery obligation with respect to the Software after delivery of the license keys. If Customer loses access to or damages Customer’s instance of the Software, Gradle shall provide access to another copy of the Software at no charge.
6. Verifications. At Gradle’s request, Customer shall provide a signed certification that it is using the Software pursuant to the terms of this Agreement, including with respect to Scope of Use. Upon request by Gradle, Customer agrees to audit its use of the Software and run all reports necessary to ensure the Software is being used as authorized by this Agreement. If the audit identifies unauthorized use of the license, including with respect to Scope of Use, Gradle may invoice Customer for any past or ongoing excessive use, and Customer shall be required to pay such invoice promptly (but in any event no later than ten (10) days) following delivery of the invoice. This remedy is without prejudice to any other remedies available to Gradle at law or equity or under this Agreement. To the extent obligated to do so, Gradle may share audit results with certain of its third party licensors.
7. Restrictions. Except as otherwise expressly permitted in this Agreement, Customer shall not, and shall not permit any other person to: (a) transfer, rent, sell, assign, distribute, lease, provide access to or otherwise make available the Software to any other person, (b) copy, reproduce, modify, adapt, create derivative works of the Software, (c) use the Software for the benefit of any third party, (d) incorporate the Software into a product or service that Customer provides to a third party, (e) interfere with any License Key Mechanism in the Software or otherwise circumvent mechanisms in the Software intended to limit Customer’s use, (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Software, except to the extent such restrictions are prohibited by applicable law, (g) remove or obscure any proprietary or other notices contained in the Software, or (h) publicly disseminate information regarding the performance of the Software.
8. Financial Terms.
8.1 Payments. Customer agrees to pay all Fees in accordance with each Order Form. Unless otherwise specified in the applicable Order Form, Customer shall pay all amounts in U.S. dollars within thirty (30) days of receipt of invoice. All amounts are non-refundable, non-cancelable and non-creditable, and Customer shall have no right of offset or withholding under this Agreement. In making payments, Customer acknowledges that Customer is not relying on (i) future availability of the Software beyond the current Order Form Term or (ii) any Upgrades or Software feature enhancements. If Customer purchases the Software through a Reseller, Customer shall make any required payments to the Reseller pursuant to the terms of any agreement by and between the Customer and the Reseller. Customer acknowledges and agrees that Gradle may terminate Customer’s right to use the Software if Gradle does not receive its corresponding payment from the Reseller, or if Customer is in breach of this Agreement.
8.2 Price Increase. During the Applicable Order Form Initial Term, Customer may order additional quantities of the Software at a price not to exceed the price set forth in the applicable Order Form. Pricing and Fees for the Software may not be increased during the Order Form Initial Term. Following the Initial Period, Gradle may change, increase or restructure Fees on an annual basis by providing Customer at least thirty (30) days notice prior to the commencement of any Order Form Renewal Term.
8.3 Taxes. Customer shall be responsible for all taxes associated with the Software (excluding taxes based on Gradle’s net income). To the extent that any such taxes or duties are payable by Gradle, Customer must pay to Gradle the amount of such taxes or duties in addition to any Fees owed under this Agreement. Notwithstanding the foregoing, if Customer obtained an exemption from relevant taxes or duties, Customer must provide Gradle with any such exemption information along with an appropriate certificate of exemption within thirty (30) days of the date of any invoice or statement from Gradle or any taxing authorities.
9. Limited Warranties.
9.1 Limited Warranties. Gradle warrants to Customer that (i) Gradle shall take commercially reasonable efforts to ensure that the Software, in the form and at the time first made available to Customer for download, will be free of any Viruses; and (ii) for ninety (90) days from the date the Software is first made available to Customer for download (the “Warranty Period”) the unmodified Software, when used as authorized by this Agreement, shall materially conform to the technical and performance functions of the Software describe in the Documentation. If during the Warranty Period Customer demonstrates to Gradle that there is a Defect in the Software, then Gradle shall respond to Customer with either (a) a statement that Gradle has in good faith and using commercially reasonable efforts not yet been able to duplicate the alleged Defect, or (b) a plan indicating whether Gradle intends, at its option or expense, to (i) use commercially reasonable efforts to correct the Defect and repair the Software; (ii) provide Customer with replacement Software of equivalent or greater functionality or (iii) terminate this Agreement with respect to the defective Software, and refund the Fees pre-paid by Customer for the defective Software during the then-current Term (once Customer’s access to the Software has been removed). The remedies set forth in this Section 9.1 are Customer’s sole and exclusive remedies for any breach of warranty by Gradle.
The limited warranties provided in this Section 9.1 shall not apply to any Defects arising from:
improper installation of the Software by Customer, or any other party other than Gradle, or the installation of the Software on improper hardware;
modification of the Software not undertaken by Gradle;
malfunctions in any computer hardware or software or systems not provided by Gradle;
accident of Customer or at Customer’s premises or a power surge or failure at the Customer’s premises;
neglect of the Customer;
misuse of the Software by Customer;
use of the Software with data of person other than Customer; or
use of the Software in any manner that is not expressly permitted by this Agreement or the Documentation.
9.2 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1 (LIMITED WARRANTIES), ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS”. THE LIMITED WARRANTIES DESCRIBED IN SECTION 9.1 ABOVE ARE THE ONLY WARRANTIES MADE WITH RESPECT TO THE SOFTWARE AND ANY MAINTENANCE, TECHNICAL SUPPORT OR ADDITIONAL SERVICES PROVIDED BY GRADLE. GRADLE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS RELATING TO THE SOFTWARE OR ITS PERFORMANCE OR WITH RESPECT TO THE DOCUMENTATION. ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, TITLE, MARKETABILITY, PROFITABILITY, SUITABILITY, NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. NEITHER GRADLE NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY SOFTWARE SHALL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SOFTWARE SHALL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) SHALL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1 (LIMITED WARRANTIES), THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY STATUTORY RIGHTS OR WARRANTIES SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT CUSTOMER RECEIVES FROM GRADLE OR ANYWHERE ELSE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of Liability.
10.1 Waiver of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRADLE NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, STATUTORY OR EXEMPLARY DAMAGES OF ANY SORT, EVEN IF GRADLE HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, OR FOR THE COST OF OBTAINING SUBSTITUTE SOFTWARE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL GRADLE BE LIABLE TO CUSTOMER FOR ANY ACTION OR REMEDY BEYOND THOSE DESCRIBED IN THIS AGREEMENT. NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT OTHER THAN AN ACTION BY GRADLE TO COLLECT ANY FEES DUE HEREUNDER MORE THAN ONE (1) YEAR FOLLOWING THE EVENTS THAT GIVE RISE TO SUCH CAUSE OF ACTION.
10.2 Limitation of Total Liability. IN NO EVENT SHALL GRADLE’S (I) LIABILITY UNDER AN INDIVIDUAL ORDER FORM EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTHS PRECEDEING THE CLAIM GIVING RISE TO SUCH LIABILITY OR (II) CUMULATIVE LIABILITY UNDER THIS AGREEMENT TO CUSTOMER OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER FOR THE LICENSED SOFTWARE DURING THE APPLICABLE TERM. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL LIMIT EITHER PARTY’S LIABILITY FOR ANY CLAIMS UNDER THE CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN, OR FOR ANY DAMAGES RESULTING FROM EITHER PARTY’S FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT. THE PARTIES ACKNOLWEDGE AND AGREE THAT THE FEES FOR THE SOFTWARE HAVE BEEN SET IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT, WHICH ALLOCATES RISK AND FORMS THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
11. Indemnification.
11.1 Indemnity by Gradle. Gradle shall defend, indemnify, and hold harmless Customer and its employees, contractors, directors, suppliers and representatives (collectively, “Indemnitee”) from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys’ fees) (“Losses”), that arise from or relate to any claim that the Software, when used as authorized under this Agreement, infringes, violates, or misappropriates any third party intellectual property or property right in the United States or European Union; provided that Indemnitee provides Gradle with: (a) prompt written notice of any claim; (b) the option to assume sole control over the defense and settlement of any claim (provided that the Indemnitee may participate in such defense and settlement at its own expense); and (c) reasonable information, assistance and cooperation in connection with such defense and settlement (at Gradle’s expense).
11.2 Indemnity by Customer. Customer shall be solely responsible for, and shall indemnify, defend and hold Gradle free and harmless from all damages, liabilities, charges and expenses, including reasonable attorneys’ fees, from all claims, lawsuits or other proceedings arising out of or relating to (i) Customer’s use of the Software in a manner not permitted by this Agreement, not permitted by Gradle, or not in conformance with Gradle’s written requirements or the Documentation, (ii) the acts or omissions of Customer, its employees and agents and all persons who have access through Customer to the Software or (iii) any Losses arising from the matters set forth in subsections (i) – (v) of the following Section 11.3.
11.3 Exclusions. Gradle shall have no obligation to indemnify Indemnitee for any claim to the extent is based on (i) the modification of the Software, unless such modification was done by Gradle; (ii) Customer’s use of the Software other than as authorized by this Agreement and the Documentation; (iii) Customer’s failure to use updated or modified Software that is made available by Gradle to Customer, which updated or modified Software would have helped avoid or mitigate the claim; (iv) Customer’s failure to stop using the Software after receiving written notice to do so from Gradle in order to avoid further infringement or misappropriation; or (v) the combination, operation or use of the Software with equipment, devices, software, systems, or data that are not supplied by Gradle or licensed to Customer by Gradle.
11.4 Remedy for Claimed Infringement. If Customer’s use of the Software is, or in Gradle’s reasonable opinion is likely to be, subject to a Claim under Section 11.1 of this Agreement, Gradle may, at its sole expense and option (and in addition to the indemnity obligations set forth in Section 11.1): (i) procure for Customer the right to continue using the Software; (ii) replace or modify the Software so that it is non-infringing and substantially equivalent in function to the original Software; or (iii) terminate this Agreement and all licenses granted hereunder (in which case, Customer shall immediately stop using the Software) and refund the Fees that were pre-paid by Customer to Gradle for the remainder of the then-current Order Form Term; provided, however, that Gradle shall have no liability for any Claim based on use of a superseded or altered release of the Software if the infringement would have been avoided by the use of the most current, unaltered release of the Software made available to Customer.
11.5 Sole Remedy. THIS SECTION 11 SETS FORTH THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER, AND GRADLE’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
12. Term and Termination.
12.1 Term. The term of this Agreement (the “Term”) Term shall commence on the Agreement Effective Date. Upon proper delivery of an Order Form, the Term shall continue and shall last until expiration of all Order Form Terms unless otherwise terminated pursuant to the terms of this Agreement. For each Order Form, unless otherwise specified, the “Order Form Term” shall begin as of the effective date set forth on such Order Form, and unless earlier terminated as permitted by this Agreement (x) shall continue in effect for the initial term specified in such Order Form (the “Order Form Initial Term”) and (y) following the Order Form Initial Term, shall automatically renew for additional successive periods equal to the Order Form Initial Term (each, a “Order Form Renewal Term”) so long as Customer makes all applicable Fee payments and unless either Party gives written notice to the other Party of its intention not to renew the Order Form at least thirty (30) days prior to the expiration of the Order Form Initial Term or any Order Form Renewal Term, as applicable.
12.2. Termination for Convenience. Either Party may terminate this Agreement for convenience at the end of the Initial Term and each Renewal Term by providing written notice to the other at least thirty (30) days prior to expiration of the then-current Term. Provided Gradle is not in material breach of this Agreement, any termination by Customer shall be without any credits or refund of any Fees or any other amount paid or then due and payable to Gradle, including Fees paid for unused Software, Support or Maintenance. Gradle may terminate this Agreement without the requirement of notice if, at the end of the Order Form Initial Term or each Order Form Renewal Term, as applicable, Customer fails to pay any Fees, charges or taxes required to renew the Seats for an additional Order Form Term when due.
12.3 Termination for Breach. Either Party may terminate this Agreement before the expiration of all Order Form Terms if the other Party is in material breach of this Agreement, including by failure to make payments when due, and fails to cure such material breach within thirty (30) days following delivery of written notice of the breach. Either Party may also terminate this Agreement before the expiration of all Order Form Terms if the other Party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, shall be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
12.4 Effect of Termination. Upon termination of this Agreement, Customer (and any of its authorized users) shall (i) cease all use of the Software, or any portion thereof, in all forms and on all media and computer memory, and Customer shall immediately destroy all copies of the Software, including backup and archival copies, and provide a certificate certifying such destruction to Gradle within one (1) month following termination, provided that Customer may retain one (1) copy of the Software for audit purposes; (ii) pay all outstanding Fees and amounts owed to Gradle as of the date of termination; and (iii) return to Gradle, or at Gradle’s option destroy or delete, all of Gradle’s Confidential Information. Sections 6 (Verifications), 7 (Restrictions), 8 (Financial Terms), 9 (Limited Warranties), 10 (Limitation of Liability), 12 (Term and Termination), 13 (Confidentiality), 16 (Export Restrictions), 17 (Governing Law) and 19 (General) shall survive any termination or expiration of this Agreement.
13. Confidentiality.
13.1 Definition of Confidential Information. For the purposes of this Agreement, “Confidential Information” means all information that either Customer or Gradle discloses to the other, in writing, orally, or by any other means, including, but not limited to the trade secrets and know-how of the respective Parties, any information marked “Confidential” or “Proprietary”, documentation, computer programs, object and source code, algorithms, business and financial information, data, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, and product development plans, names and expertise of employees and consultants, customer lists, pricing information, and, with respect to Gradle, the Software, the Documentation and any third-party information that Gradle is obligated to keep confidential. Information need not be marked to be deemed Confidential Information. For the purposes of this Agreement, except as expressly set forth in Section 13.2 below, the source code of our Software shall be deemed to be Gradle’s Confidential Information, regardless of whether it is marked as such.
13.2 Restrictions on Use and Disclosure. Neither Party shall use the other Party’s Confidential Information, except as permitted under this Agreement. Except as otherwise permitted under this Agreement, each of Gradle and Customer agrees to (i) keep Confidential Information in strict confidence and to take reasonable precautions to protect and prevent unauthorized disclosure of the other’s Confidential Information including, without limitation, all precautions the receiving Party employs with respect to its own confidential materials, (ii) not divulge any such Confidential Information or any information derived therefrom to any third person, (iii) not copy or reverse engineer any such Confidential Information and (iv) not to export or reexport (within the meaning of U.S. or other export control laws or regulations) any such Confidential Information or product thereof. Each Party may disclose Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”) (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section 13, and (iii) who are informed of the nondisclosure obligations imposed by this Section 13. Each Party shall be responsible for all acts and omissions of each of their respective Representatives. The foregoing obligations shall not restrict either Party from disclosing the Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice, if legally permitted, to the other party to enable them to contest such order or requirement. The restrictions set forth in this Section 13 will survive the termination or expiration of this Agreement.
13.3 Exclusions. The restrictions set forth in Section 13.2 shall not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving Party; (ii) was rightfully known or becomes rightfully known to the receiving Party without confidential or proprietary restriction from a source other than the disclosing Party who has a right to disclose it; (iii) is approved by the disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing Party; or (iv) the receiving party independently develops without access to or use of the other Party’s Confidential Information.
14. Support and Maintenance. Gradle shall use commercially reasonable efforts to provide support and maintenance services (“Support and Maintenance”) for the Software as described in the Gradle Enterprise Support Policy, the latest version of which is attached hereto as Schedule A (as may be updated from time to time, the “Support Policy”), during the period for which Customer has paid the applicable Fees. Support and Maintenance for Software includes access to Updates, if and when available. Customer may use any Updates provided by Gradle during a valid support term in the same way Customer is authorized to utilize the Software. The Support Policy may be updated from time to time at Gradle’s sole discretion, and the latest version of the Support Policy shall be made available to Customer at https://gradle.com/legal/gradle-enterprise-support-policy/.
15. Ownership and Feedback. The Software is made available to Customer on a limited license or access basis, and no ownership right is conveyed to Customer, irrespective of the use of terms such as “purchase” or “sale”. Subject to the terms of this Agreement, Customer may store and use the Software in electronic form on its machines for use by Customer and its authorized Users. As between Gradle and Customer, Gradle retains all right, title and interest, including all intellectual property rights, in and to the Software (both as recorded on the original media and any subsequent media), the Documentation and any copies thereof in any form, including their “look and feel”, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Gradle, and including without limitation any incorporated Feedback (as defined below). From time to time, Customer may choose to submit comments, information, questions, data, ideas, description of processes, or other information to Gradle, including sharing Customer’s modifications in the course of receiving Support and Maintenance (“Feedback”). Customer shall, and hereby does, grant to Gradle a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Gradle may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. Feedback shall not be considered Confidential Information belonging to Customer, and nothing in this Agreement limits Gradle’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
16. Export Restrictions. The Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments, and Customer agrees to comply with all applicable export and import laws and regulations in using the Software. Customer shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. Customer represent and warrants that (i) Customer is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list and (ii) that none of Customer’s data is controlled under the US International Traffic in Arms Regulations. The Software is restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.
17. Governing Law. This Agreement shall be governed by and interpreted in accordance with the substantive laws of the State of California, without effect to conflict of laws principles. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any legal action or proceeding arising under, related to or connected with this Agreement shall be resolved exclusively in the state or federal courts of California located in San Francisco, California. The Parties irrevocably consent and submit to said jurisdiction and venue.
18. Use of Logo.Customer authorizes Gradle to use Customer’s name, logo and/or trademark without notice to or consent by Customer in connection with certain promotional and marketing materials that Gradle may disseminate to the public. The promotional materials may include, but are not limited to, brochures, videos, website, press releases, advertising in newspaper and/or other periodicals, and any other materials relating the fact that Customer is a licensee of the Software, and such materials may be developed, disseminated, and used without Customer’s review or prior written consent. Nothing herein obligates Gradle to use Customer’s name, logo and/or trademark, in any promotional materials. Customer shall not, and shall not permit any of its respective Affiliates to, issue any press release or other public disclosure (other than as required by applicable law) using Gradle’s name, logo or trademark or otherwise referring to Gradle or any of its Affiliates, this Agreement or any transaction contemplated herein without Gradle’s prior written consent.
19. General.
19.1 Assignment. Customer shall not, directly or indirectly, by operation of law or otherwise, assign or transfer the license of the Software or any of Customer’s rights or obligations under this Agreement, in whole or in part, without prior written consent of Gradle, which consent shall be at Gradle’s sole discretion. Any attempted assignment in violation of this Section 19.1 shall be null and void. Gradle may assign this Agreement in its entirety without any requirement to obtain consent, either in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Gradle’s stock, business or assets.
19.2 Severability. In the event that any provision of this Agreement is deemed by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect the validity of any other provision of this Agreement that may be given effect without the illegal, invalid or unenforceable provision. Any provision that cannot be given effect without the illegal, invalid or unenforceable provision shall be deemed deleted, and the remaining provisions of this Agreement shall continue in full force and effect.
19.3 Notices. All notices, requests, demands or other communications required or permitted under this Agreement shall be in writing, shall reference this Agreement and shall be transmitted either by (i) in-person delivery, (ii) registered mail, (iii) certified mail, return receipt requested, (iv) overnight mail or (v) electronic mail. Notice shall be deemed to be properly given (a) upon receipt, if delivered personally; (b) upon confirmation of receipt by the intended recipient, if by electronic mail; (c) five (5) business days after the notice is sent by registered or certified mail, with written confirmation of receipt; or (d) three (3) business days after deposit with an internationally recognized express courier, with written confirmation of receipt. Notices should be sent to the recipients and the address(es) set forth on the applicable Order Form, unless either Party is notified otherwise.
19.4 Waiver. No waiver of any provision of this Agreement shall be effective unless made in a writing signed by an authorized representative of the waiving Party, which waiver shall be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of this Agreement on one occasion shall not constitute a waiver of a subsequent breach of that provision or a waiver of any other provision of this Agreement.
19.5 Force Majeure. Gradle shall not be liable to Customer by reason of failure of performance under this Agreement to the extent that such failure arises out of causes beyond Gradle’s reasonable control (each such cause a “Force Majeure Event”). Gradle shall provide Customer with prompt notice in the event Gradle is subject to a Force Majeure Event, Force Majeure events include, but are not limited to, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failure, and power failures.
19.6 Independent Contractors. The Parties hereto are and shall remain independent contractors with respect to the subject matter of this Agreement. Nothing contained in this Agreement shall be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between the Parties, and neither of the Parties shall have the authority to bind the other contractually.
19.7 U.S. Government End Users. No technical data or computer software is developed under this Agreement. The Software and Documentation have been developed solely with private funds and are considered “Commercial Computer Software” and “Commercial Computer Software Documentation” as described in FAR 12.212, FAR 27.405-3, and DFARS 227.7202-3, and are licensed to the to the U.S. Government end user as restricted computer software and limited rights data. Any use, disclosure, modification, distribution, or reproduction of the Software or Documentation by the U.S. Government or its contractors is subject to the restrictions set forth in this Agreement.
19.8 Compliance with Laws. Each party shall comply with all federal, state, and local laws applicable to the Software and its use, this Agreement and the performance of its obligations hereunder, and the conduct of its business. In no event shall Gradle be responsible for providing, implementing, configuring, or coding the Software in a manner that complies with any laws or regulatory requirements that apply to Customer’s business or industry (collectively “Customer Specific Laws”) . Customer agrees that it shall comply with all such Customer Specific Laws (which may prohibit Customer from using parts of the Software and/or providing specific types of information) and, notwithstanding the foregoing, in no event shall Gradle, its Affiliates or any related entities be held liable for any claim or action arising from or related to Customer’s failure to comply with any Customer Specific Laws.
19.9 Amendments. No modification, change, or amendment of this Agreement shall be binding upon the parties, unless such modification, change or amendment is in a writing signed by each Party’s authorized representatives.
19.10 Integration; Entire Agreement. This Agreement, including the schedules attached hereto and each Order Form, with respect to its subject matter, constitutes the entire agreement between the Parties, and supersedes all prior agreements and understandings, whether written or oral, between them. In no event shall the preprinted terms or conditions found on any purchase or work order, invoice or any other statement, other than the Order Form, be considered an amendment or modification of this Agreement, even if such documents are signed by representatives of one or both parties; such preprinted terms or conditions shall be considered null and void. In the event of a conflict between the terms of the Agreement and any other documents, the terms of this Agreement shall control. This Agreement may not be supplemented, explained or interpreted by any evidence of trade usage or course of dealing.
Gradle Terms of Use
Effective date: January 13, 2022 (view archived versions)
Welcome to Gradle, Inc. Please read on to learn the rules and restrictions that govern your use of our websites (including the web pages available at the www.gradle.org domain), plugins and all tools and Products (as defined below) available through our website (the “Services”), including, without limitation, any request to receive information about, or to purchase any of our products (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: info@gradle.com
Phone: (415) 446-9553
Address: 2261 Market Street #4081, San Francisco, CA 94114, United States
These Terms of Use (the “Terms”) are a binding contract between you and GRADLE, INC. (“Company,” “we” and “us”). By accessing or using our website or the Services, you indicate that you have read and understand the Terms and agree to be bound by them. The Terms will remain in effect for as long as you use the Services or access our website. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy, Copyright and Trademark Dispute Policy, any other relevant policies and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Please note these Terms do not govern the use of the Gradle Enterprise software. The Gradle Enterprise software is subject to a separate Software License Agreement, which is available at https://gradle.com/legal/gradle-enterprise-software-agreement/.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.gradle.com, send you an email, and/or notify you by some other means.
If you do not agree with the Terms, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Gradle takes the privacy of its users very seriously. Misuse of Gradle users’ personal information by any user is prohibited. Any person, entity, or service collecting data from Gradle must comply with the restrictions set forth below under the section titled “Are there restrictions in how I can use the Services?”.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at privacy@gradle.com.
What are the basics of using Gradle Services?
You may provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide us with any information or names that you do not have the right to use, or another person’s name with the intent to impersonate that person.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Gradle sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number or email address, you confirm that you want Gradle to send you information that we think may be of interest to you, which may include Gradle using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Gradle, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Gradle. You agree to indemnify and hold Gradle harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Gradle);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Gradle;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
reproduces, duplicates, copies, sells, resells or exploits any portion of the Services without Gradle’s express written permission;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services;
harasses, abuses, threatens, or incites violence towards any individual or group, including Gradle employees, officers, and agents, or other Gradle users;
uses our servers for any form of excessive automated bulk activity (for example, spamming) resulting in the potential to disrupt or degrade the Service, or relays any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempts to disrupt or tamper with Gradle’s servers in ways that could harm the Service, places undue burden on Gradle’s servers through automated means, or accesses the Service in a manner that exceeds your authorization, including attempts to scan or test the vulnerability of our system, website or network and attempts to breach security or authentication measures;
impersonates any person or entity, including any of our employees or representatives, including through false association with Gradle, or by fraudulently misrepresenting your identity or site’s purpose;
conducts fraudulent business operations and practices including offering or disseminating fraudulent goods, services, schemes or promotions;
violates the rules, regulations, or policies that apply to any third party network, server, database or website;
disseminates or post content that is harmful to the Service, or other users of the website or the Service, including without limitation viruses, trojan horses, worms, timebombs, or any other computer programming routines that may damage, interfere with or intercept or seize any system, program or data;
uses excessive bandwidth in relation to other Gradle users;
violates the privacy of any third party, such as by posting another person’s personal information without consent; or
violates export laws, regulations, and rules, including, without limitation the Export Administration Regulations administered by the United States Department of Commerce; or engages in activity that significantly harms any users of the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Gradle’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Gradle owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Gradle or to other users?
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
By submitting User Submissions through the Services, you hereby do and shall grant Gradle a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Gradle to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that Gradle, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
Please refer to Gradle’s Copyright and Trademark Dispute Policy for information on how to proceed if you see something on the Services which infringes your copyright or trademark.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Gradle. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Gradle is not responsible for such risks.
Gradle has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Gradle will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Gradle is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Gradle, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Gradle ever change the Services?
We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
The Gradle Products available on our website are currently provided free of charge. If you are interested in our Gradle Enterprise Product, which is a subscription based Product, please visit www.gradle.com.
What if I want to stop using the Services?
You’re free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Gradle is also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. Gradle has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the provisions of the Arbitration section of these Terms of Use.
What else do I need to know?
Warranty Disclaimer. Gradle and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Gradle and all such parties together, the “Gradle Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Gradle Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Gradle Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Unless otherwise agreed upon by you and Gradle, Products and Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Gradle Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY GRADLE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE GRADLE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO GRADLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Gradle Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account)and any Products, and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Gradle’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration. Both you and Gradle acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Gradle’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Provisions. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The Rules will govern payment of all arbitration fees.
(b) Small Claims Court; Infringement. Notwithstanding the foregoing, either you or Gradle may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(c) Waiver of Jury Trial. YOU AND GRADLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. In any litigation between you and Gradle over whether to vacate or enforce an arbitration award, YOU AND GRADLE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(d) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: [insert physical address] postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) your email address and/or telephone number, and (iii) a clear statement that you want to opt out of the Arbitration section of the Terms. If you send the opt-out notice in, and/or in any circumstances where the foregoing arbitration provision permits either you or Gradle to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration provisions will not apply to either party, and both you and Gradle agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco, California or the federal district in which that county falls.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Gradle may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Gradle agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Gradle, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Gradle, and you do not have any authority of any kind to bind Gradle in any respect whatsoever.
Except as expressly set forth in the section above titled Arbitration, you and Gradle agree there are no third-party beneficiaries intended under these Terms.
LICENSE
This code repository predates the concept of Open Source, and predates most
licenses along such lines. As such, the official license truly is:
EULA: The Graphics Gems code is copyright-protected. In other words, you cannot
claim the text of the code as your own and resell it.
Using the code is permitted in any program, product, or library, non-commercial
or commercial. Giving credit is not required, though is a nice gesture.
The code comes as-is, and if there are any flaws or problems with any Gems code,
nobody involved with Gems - authors, editors, publishers, or webmasters - are to
be held responsible. Basically, don't be a jerk, and remember that anything free
comes with no guarantee.
This software is provided "as is," without warranty of any kind,
express or implied. In no event shall the author or contributors
be held liable for any damages arising in any way from the use of
this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute
it freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright
notice, disclaimer, and this list of conditions.
2. Redistributions in binary form must reproduce the above copyright
notice, disclaimer, and this list of conditions in the documentation
and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
This product includes software developed by Greg Roelofs
and contributors for the book, "PNG: The Definitive Guide,"
published by O'Reilly and Associates.
This file and the accompanying getopt.c implementation file are hereby placed
in the public domain without restrictions. Just give the auth credit, don't
claim you wrote it or prevent anyone else from using it.
GRETEL.AI SOURCE AVAILABLE LICENSE AGREEMENT
Version 1.0 – August 2022
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Standard "No Charge" GSAP License
I. DEFINITIONS
“GSAP License” means the terms and conditions of this GSAP Software License Agreement.
"GSAP Products" means any Software made available at gsap.com or any successor sites, including but not limited to the GSAP animation library and related plugins, tools, or extensions.
"Permitted Uses" means the implementation and/or use of GSAP Products on any website, web application, or digital interface by any person or entity (which may include, for clarity, those of companies that compete with Webflow in other areas of business).
"Prohibited Uses" means any implementation and/or use of GSAP Products in tools that allow users to build visual animations without code that encourages, induces, or materially assists in creating a solution that competes with Webflow's visual animation building capabilities.
"Competitive Products" means any software, tool, or service that enables users to create, edit, or manage animations through a visual interface or builder similar to Webflow.
II. GRANT OF LICENSE
Subject to the terms and conditions of this GSAP License, Webflow grants you a non-exclusive, worldwide license to use, reproduce, display, and implement GSAP Products solely for Permitted Uses.
III. RESTRICTIONS
You may not:
Use GSAP for any Prohibited Uses without prior written consent;
Reverse engineer GSAP Products for the purpose of creating Competitive Products;
Remove or alter any proprietary notices or branding from GSAP Products.
IV. OWNERSHIP AND INTELLECTUAL PROPERTY
All intellectual property rights in GSAP Products, including but not limited to copyright, patents, trademarks, and trade secrets, remain the exclusive property of Webflow. This GSAP License does not transfer any ownership rights in GSAP Products to you.
V. TERMINATION
Webflow may terminate this GSAP License and revoke your access in its discretion if you fail to comply with any of these terms and conditions. Upon termination, you must cease all use of GSAP Products and destroy all copies in your possession.
VI. MISCELLANEOUS PROVISIONS
General: This GSAP License is incorporated into and subject to Webflow's Terms of Service available here ("Terms of Service"). In the event of any conflict or inconsistency between this GSAP License and the Terms of Service, the terms of this GSAP License shall govern in relation to your use of any GSAP Products.
Amendments: Webflow (1) reserves the right to update or modify this GSAP License at any time by posting the revised terms on this website; and (2) agrees that any such updates or modifications shall not result in a material degradation of your use of GSAP. You understand and agree that your continued use of GSAP and updates after such revisions constitutes acceptance of this GSAP License as revised. If you do not accept the revised terms, you are prohibited from using versions of the GSAP software and updates after the effective date of the revised terms. Notwithstanding, you may continue using versions of GSAP prior to the effective date of the revised terms.
No Waiver: Failure of Webflow to enforce any provision of this GSAP License shall not constitute a waiver of future enforcement of that or any other provision.
Effective date: April 30, 2025
Last modified date: April 30, 2025
****** gSOAP Public License ******
**** Version 1.3a ****
The gSOAP public license is derived from the Mozilla Public License (MPL1.1).
The sections that were deleted from the original MPL1.1 text are 1.0.1, 2.1.
(c),(d), 2.2.(c),(d), 8.2.(b), 10, and 11. Section 3.8 was added. The modified
sections are 2.1.(b), 2.2.(b), 3.2 (simplified), 3.5 (deleted the last
sentence), and 3.6 (simplified).
***** 1 DEFINITIONS. *****
1.0.1.
1.1. "Contributor"
means each entity that creates or contributes to the creation of
Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code, or Modifications or the combination of the
Original Code, and Modifications, in each case including portions
thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development
community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the
Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code
not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether
at the time of the initial grant or subsequently acquired, any and all of
the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of
either the Original Code or any previous Modifications. When Covered Code
is released as a series of files, a Modification is:
A.
Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B.
Any new file that contains any part of the Original Code, or
previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the
Source Code notice required by Exhibit A as Original Code, and which, at
the time of its release under this License is not already Covered Code
governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including
without limitation, method, process, and apparatus claims, in any patent
Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to
it, including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of
an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is
widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and
complying with all of the terms of, this License or a future version of
this License issued under Section 6.1. For legal entities, "You" includes
any entity which controls, is controlled by, or is under common control
with You. For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty
percent (50%) of the outstanding shares or beneficial ownership of such
entity.
***** 2 SOURCE CODE LICENSE. *****
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims:
(a)
under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display,
perform, sublicense and distribute the Original Code (or portions
thereof) with or without Modifications, and/or as part of a Larger
Work; and
(b)
under patents now or hereafter owned or controlled by Initial
Developer, to make, have made, use and sell ("offer to sell and
import") the Original Code, Modifications, or portions thereof, but
solely to the extent that any such patent is reasonably necessary
to enable You to utilize, alone or in combination with other
software, the Original Code, Modifications, or any combination or
portions thereof.
(c)
(d)
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a)
under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display,
perform, sublicense and distribute the Modifications created by
such Contributor (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code and/or as part of
a Larger Work; and
(b)
under patents now or hereafter owned or controlled by Contributor,
to make, have made, use and sell ("offer to sell and import") the
Contributor Version (or portions thereof), but solely to the extent
that any such patent is reasonably necessary to enable You to
utilize, alone or in combination with other software, the
Contributor Version (or portions thereof).
(c)
(d)
***** 3 DISTRIBUTION OBLIGATIONS. *****
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be distributed
only under the terms of this License or a future version of this License
released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or
impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder.
However, You may include an additional document offering the additional
rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification created by You will be provided to the Initial Developer
in Source Code form and are subject to the terms of the License.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date
of any change. You must include a prominent statement that the
Modification is derived, directly or indirectly, from Original Code
provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable
version or related documentation in which You describe the origin or
ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
"LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated to
inform those who received the Covered Code that new knowledge has
been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely to
look for such a notice. If You created one or more Modification(s) You
may add your name as a Contributor to the notice described in Exhibit A.
You must also duplicate this License in any documentation for the Source
Code where You describe recipients' rights or ownership rights relating
to Covered Code. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code. You
may distribute the Executable version of Covered Code or ownership rights
under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version from
the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that
any terms which differ from this License are offered by You alone, not by
the Initial Developer or any Contributor. If you distribute executable
versions containing Covered Code as part of a product, you must reproduce
the notice in Exhibit B in the documentation and/or other materials
provided with the product.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger Work
as a single product. In such a case, You must make sure the requirements
of this License are fulfilled for the Covered Code.
3.8. Restrictions.
You may not remove any product identification, copyright, proprietary
notices or labels from gSOAP.
***** 4 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. *****
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must
be sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
***** 5 APPLICATION OF THIS LICENSE. *****
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
***** 6 VERSIONS OF THE LICENSE. *****
6.1. New Versions.
Grantor may publish revised and/or new versions of the License from time
to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms of
any subsequent version of the License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that the
phrase "gSOAP" or any confusingly similar phrase do not appear in your
license (except to note that your license differs from this License) and
(b) otherwise make it clear that Your version of the license contains
terms which differ from the gSOAP Public License. (Filling in the name of
the Initial Developer, Original Code or Contributor in the notice
described in Exhibit A shall not of themselves be deemed to be
modifications of this License.)
***** 7 DISCLAIMER OF WARRANTY. *****
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR
COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE
SOFTWARE IS PROVIDED "AS IS" AND THAT THE AUTHORS DO NOT WARRANT THE SOFTWARE
WILL RUN UNINTERRUPTED OR ERROR FREE. LIMITED LIABILITY THE ENTIRE RISK AS TO
RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. UNDER NO
CIRCUMSTANCES WILL THE AUTHORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER
BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF THE
AUTHORS HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE
COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS,
LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR
IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL THE AUTHORS BE LIABLE FOR THE COSTS
OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. YOU ACKNOWLEDGE THAT THIS
SOFTWARE IS NOT DESIGNED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS
SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR
LIFE-CRITICAL APPLICATIONS. THE AUTHORS EXPRESSLY DISCLAIM ANY LIABILITY
RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED
ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL
APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF
THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF
HUMAN LIFE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
***** 8 TERMINATION. *****
8.1.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
8.2.
8.3.
If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly
infringes any patent where such claim is resolved (such as by license or
settlement) prior to the initiation of patent infringement litigation,
then the reasonable value of the licenses granted by such Participant
under Sections 2.1 or 2.2 shall be taken into account in determining the
amount or value of any payment or license.
8.4.
In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination
shall survive termination.
***** 9 LIMITATION OF LIABILITY. *****
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY
OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
***** 10 U.S. GOVERNMENT END USERS. *****
***** 11 MISCELLANEOUS. *****
***** 12 RESPONSIBILITY FOR CLAIMS. *****
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission of liability.
***** EXHIBIT A. *****
"The contents of this file are subject to the gSOAP Public License Version 1.3
(the "License"); you may not use this file except in compliance with the
License. You may obtain a copy of the License at
http://genivia.com/Products/gsoap/license.pdf
More information on licensing options, support contracts, and consulting can be
found at
http://genivia.com/Products/gsoap/contract.html
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code of the gSOAP Software is: stdsoap.h, stdsoap2.h, stdsoap.c,
stdsoap2.c, stdsoap.cpp, stdsoap2.cpp, soapcpp2.h, soapcpp2.c, soapcpp2_lex.l,
soapcpp2_yacc.y, error2.h, error2.c, symbol2.c, init2.c, soapdoc2.html, and
soapdoc2.pdf, httpget.h, httpget.c, stl.h, stldeque.h, stllist.h, stlvector.h,
stlset.h.
The Initial Developer of the Original Code is Robert A. van Engelen. Portions
created by Robert A. van Engelen are Copyright (C) 2001-2004 Robert A. van
Engelen, Genivia inc. All Rights Reserved.
Contributor(s):
" ."
[Note: The text of this Exhibit A may differ slightly form the text of the
notices in the Source Code files of the Original code. You should use the text
of this Exhibit A rather than the text found in the Original Code Source Code
for Your Modifications.]
***** EXHIBIT B. *****
"Part of the software embedded in this product is gSOAP software.
Portions created by gSOAP are Copyright (C) 2001-2004 Robert A. van Engelen,
Genivia inc. All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY GENIVIA INC AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."
gSOAP Public License
Version 1.3b
The gSOAP public license is derived from the Mozilla Public License (MPL1.1).
The sections that were deleted from the original MPL1.1 text are 1.0.1, 2.1.(c),(d),
2.2.(c),(d), 8.2.(b), 10, and 11. Section 3.8 was added. The modified sections
are 2.1.(b), 2.2.(b), 3.2 (simplified), 3.5 (deleted the last sentence), and
3.6 (simplified).
This license applies to the gSOAP software package, with the exception of the
soapcpp2 and wsdl2h source code located in gsoap/src and gsoap/wsdl, all code
generated by soapcpp2 and wsdl2h, the UDDI source code gsoap/uddi2, and the Web
server sample source code samples/webserver. To use any of these software tools
and components commercially, a commercial license is required and can be
obtained from www.genivia.com.
1 DEFINITIONS.
1.0.1.
1.1. "Contributor"
means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code, or Modifications or the combination of the Original Code, and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A.
Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B.
Any new file that contains any part of the Original Code, or previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2 SOURCE CODE LICENSE.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a)
under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b)
under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("offer to sell and import") the Original Code, Modifications, or portions thereof, but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software, the Original Code, Modifications, or any combination or portions thereof.
(c)
(d)
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a)
under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b)
under patents now or hereafter owned or controlled by Contributor, to make, have made, use and sell ("offer to sell and import") the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software, the Contributor Version (or portions thereof).
(c)
(d)
3 DISTRIBUTION OBLIGATIONS.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification created by You will be provided to the Initial Developer in Source Code form and are subject to the terms of the License.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. If you distribute executable versions containing Covered Code as part of a product, you must reproduce the notice in Exhibit B in the documentation and/or other materials provided with the product.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
3.8. Restrictions.
You may not remove any product identification, copyright, proprietary notices or labels from gSOAP.
4 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5 APPLICATION OF THIS LICENSE.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6 VERSIONS OF THE LICENSE.
6.1. New Versions.
Grantor may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrase "gSOAP" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the gSOAP Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7 DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT THE AUTHORS DO NOT WARRANT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. LIMITED LIABILITY THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL THE AUTHORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF THE AUTHORS HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL THE AUTHORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. THE AUTHORS EXPRESSLY DISCLAIM ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8 TERMINATION.
8.1.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2.
8.3.
If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4.
In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10 U.S. GOVERNMENT END USERS.
11 MISCELLANEOUS.
12 RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
EXHIBIT A.
"The contents of this file are subject to the gSOAP Public License Version 1.3 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.cs.fsu.edu/ engelen/soaplicense.html
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code of the gSOAP Software is: stdsoap.h, stdsoap2.h, stdsoap.c, stdsoap2.c, stdsoap.cpp, stdsoap2.cpp, soapcpp2.h, soapcpp2.c, soapcpp2_lex.l, soapcpp2_yacc.y, error2.h, error2.c, symbol2.c, init2.c, soapdoc2.html, and soapdoc2.pdf, httpget.h, httpget.c, stl.h, stldeque.h, stllist.h, stlvector.h, stlset.h.
The Initial Developer of the Original Code is Robert A. van Engelen. Portions created by Robert A. van Engelen are Copyright (C) 2001-2004 Robert A. van Engelen, Genivia inc. All Rights Reserved.
Contributor(s):
" ."
[Note: The text of this Exhibit A may differ slightly form the text of the notices in the Source Code files of the Original code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
EXHIBIT B.
"Part of the software embedded in this product is gSOAP software.
Portions created by gSOAP are Copyright (C) 2001-2009 Robert A. van Engelen, Genivia inc. All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY GENIVIA INC AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."
The GNOME Music authors hereby grant permission for non-GPL compatible
GStreamer plugins to be used and distributed together with GStreamer
and GNOME Music. This permission is above and beyond the permissions
granted by the GPL license by which GNOME Music is covered. If you
modify this code, you may extend this exception to your version of the
code, but you are not obligated to do so. If you do not wish to do so,
delete this exception statement from your version.
The Totem project hereby grant permission for non-gpl compatible GStreamer
plugins to be used and distributed together with GStreamer and Totem.
This permission are above and beyond the permissions granted by the GPL license
Totem is covered by.
This project hereby grants permission for non-GPL compatible GStreamer plugins
to be used and distributed together with GStreamer and this project. This
permission is above and beyond the permissions granted by the GPL license by
which this project is covered. If you modify this code, you may extend this
exception to your version of the code, but you are not obligated to do so.
If you do not wish to do so, delete this exception statement from your version.
This code is distributed without warranty. You are free to use
this code for any purpose, however, if this code is republished or
redistributed in its original form, as hardcopy or electronically,
then you must include this copyright notice along with the code.
Globus Toolkit Public License (GTPL)
Copyright (c) 1999 University of Chicago and The University of
Southern California. All Rights Reserved.
1) The "Software", below, refers to the Globus Toolkit (in either
source-code, or binary form and accompanying documentation) and a
"work based on the Software" means a work based on either the
Software, on part of the Software, or on any derivative work of
the Software under copyright law: that is, a work containing all
or a portion of the Software either verbatim or with
modifications. Each licensee is addressed as "you" or "Licensee."
2) The University of Southern California and the University of
Chicago as Operator of Argonne National Laboratory are copyright
holders in the Software. The copyright holders and their third
party licensors hereby grant Licensee a royalty-free nonexclusive
license, subject to the limitations stated herein and
U.S. Government license rights.
3) A copy or copies of the Software may be given to others, if you
meet the following conditions:
a) Copies in source code must include the copyright notice and
this license.
b) Copies in binary form must include the copyright notice and
this license in the documentation and/or other materials
provided with the copy.
4) All advertising materials, journal articles and documentation
mentioning features derived from or use of the Software must
display the following acknowledgement:
"This product includes software developed by and/or derived from
the Globus project (http://www.globus.org/)."
In the event that the product being advertised includes an intact
Globus distribution (with copyright and license included) then
this clause is waived.
5) You are encouraged to package modifications to the Software
separately, as patches to the Software.
6) You may make modifications to the Software, however, if you
modify a copy or copies of the Software or any portion of it,
thus forming a work based on the Software, and give a copy or
copies of such work to others, either in source code or binary
form, you must meet the following conditions:
a) The Software must carry prominent notices stating that you
changed specified portions of the Software.
b) The Software must display the following acknowledgement:
"This product includes software developed by and/or derived
from the Globus Project (http://www.globus.org/) to which the
U.S. Government retains certain rights."
7) You may incorporate the Software or a modified version of the
Software into a commercial product, if you meet the following
conditions:
a) The commercial product or accompanying documentation must
display the following acknowledgment:
"This product includes software developed by and/or derived
from the Globus Project (http://www.globus.org/) to which the
U.S. Government retains a paid-up, nonexclusive, irrevocable
worldwide license to reproduce, prepare derivative works, and
perform publicly and display publicly."
b) The user of the commercial product must be given the following
notice:
"[Commercial product] was prepared, in part, as an account of
work sponsored by an agency of the United States Government.
Neither the United States, nor the University of Chicago, nor
University of Southern California, nor any contributors to
the Globus Project or Globus Toolkit nor any of their employees,
makes any warranty express or implied, or assumes any legal
liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process
disclosed, or represents that its use would not infringe
privately owned rights.
IN NO EVENT WILL THE UNITED STATES, THE UNIVERSITY OF CHICAGO
OR THE UNIVERSITY OF SOUTHERN CALIFORNIA OR ANY CONTRIBUTORS
TO THE GLOBUS PROJECT OR GLOBUS TOOLKIT BE LIABLE FOR ANY
DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE AGREEMENT OR
THE USE OF THE [COMMERCIAL PRODUCT]."
8) LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA
FROM THE UNITED STATES MAY REQUIRE SOME FORM OF EXPORT CONTROL
LICENSE FROM THE U.S. GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH
EXPORT CONTROL LICENSE MAY RESULT IN CRIMINAL LIABILITY UNDER U.S.
LAWS.
9) Portions of the Software resulted from work developed under a
U.S. Government contract and are subject to the following license:
the Government is granted for itself and others acting on its
behalf a paid-up, nonexclusive, irrevocable worldwide license in
this computer software to reproduce, prepare derivative works, and
perform publicly and display publicly.
10) The Software was prepared, in part, as an account of work
sponsored by an agency of the United States Government. Neither
the United States, nor the University of Chicago, nor The
University of Southern California, nor any contributors to the
Globus Project or Globus Toolkit, nor any of their employees,
makes any warranty express or implied, or assumes any legal
liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process
disclosed, or represents that its use would not infringe privately
owned rights.
11) IN NO EVENT WILL THE UNITED STATES, THE UNIVERSITY OF CHICAGO OR
THE UNIVERSITY OF SOUTHERN CALIFORNIA OR ANY CONTRIBUTORS TO THE
GLOBUS PROJECT OR GLOBUS TOOLKIT BE LIABLE FOR ANY DAMAGES,
INCLUDING DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM EXERCISE OF THIS LICENSE AGREEMENT OR THE USE OF
THE SOFTWARE.
END OF LICENSE
Globus Toolkit Public License
Version 2, July 31, 2003
Copyright 1999-2003 University of Chicago and The University of Southern
California. All rights reserved.
This software referred to as the Globus Toolkit software
("Software") includes voluntary contributions made to the Globus
Project collaboration. Persons and entities that have made voluntary
contributions are hereinafter referred to as "Contributors." This Globus
Toolkit Public License is referred to herein as "the GTPL." For more
information on the Globus Project, please see http://www.globus.org/.
Permission is granted for the installation, use, reproduction,
modification, display, performance and redistribution of this Software,
with or without modification, in source and binary forms. Permission is
granted for the installation, use, reproduction, modification, display,
performance and redistribution of user files, manuals, and training and
demonstration slides ("Documentation") distributed with or specifically
designated as distributed under the GTPL. Any exercise of rights under
the GTPL is subject to the following conditions:
1. Redistributions of this Software, with or without modification,
must reproduce the GTPL in: (1) the Software, or (2) the Documentation
or some other similar material which is provided with the Software
(if any).
2. The Documentation, alone or if included with a redistribution of
the Software, must include the following notice: "This
product includes material developed by the Globus Project
(http://www.globus.org/)."
Alternatively, if that is where third-party acknowledgments normally
appear, this acknowledgment must be reproduced in the Software itself.
3. Globus Toolkit and Globus Project are trademarks of the
University of Chicago. Any trademarks of the University of
Chicago or the University of Southern California may not be used
to endorse or promote software, or products derived therefrom, and
except as expressly provided herein may not be affixed to modified
redistributions of this Software or Documentation except with prior
written approval, obtainable at the discretion of the trademark
owner from info@globus.org.
4. To the extent that patent claims licensable by the University of
Southern California and/or by the University of Chicago (as Operator
of Argonne National Laboratory) are necessarily infringed by the
use or sale of the Software, you and your transferees are granted
a non-exclusive, worldwide, royalty-free license under such patent
claims, with the rights to make, use, sell, offer to sell, import and
otherwise transfer the Software in source code and object code form.
This patent license shall not apply to Documentation or to any other
software combinations which include the Software. No hardware per
se is licensed hereunder.
If you or any subsequent transferee (a "Recipient") institutes patent
litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Software infringes such Recipient's
patent(s), then such Recipient's rights granted under the patent
license above shall terminate as of the date such litigation is filed.
5. DISCLAIMER
SOFTWARE AND DOCUMENTATION ARE PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR
USE ARE DISCLAIMED. THE COPYRIGHT HOLDERS AND CONTRIBUTORS MAKE
NO REPRESENTATION THAT THE SOFTWARE, DOCUMENTATION, MODIFICATIONS,
ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY
PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHT.
6. LIMITATION OF LIABILITY
THE COPYRIGHT HOLDERS AND CONTRIBUTORS SHALL HAVE NO LIABILITY TO
LICENSEE OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER
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# Gumroad Community License 1.0
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[*] This paragraph, after 1.C., is included only for copyrighted works. For those, you must contact the copyright holder before any non-free use or removal of the Project Gutenberg header.
You can use this code in whatever way you want, as long as you don't try
to claim you wrote it.
H2 License - Version 1.0
1. Definitions
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation
of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in
the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired, any
and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
1.9.a. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
1.9.b. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code, and
which, at the time of its release under this License is not already Covered Code
governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no
charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You" includes any
entity which controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License
2.1. The Initial Developer Grant
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims:
2.1.a. under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
2.1.b. under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for sale,
and/or otherwise dispose of the Original Code (or portions thereof).
2.1.c. the licenses granted in this Section 2.1 (a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of this
License.
2.1.d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1)
for code that You delete from the Original Code; 2) separate from the Original
Code; or 3) for infringements caused by: i) the modification of the Original
Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
2.2.a. under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as
Covered Code and/or as part of a Larger Work; and
2.2.b. under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by
that Contributor (or portions thereof); and 2) the combination of Modifications
made by that Contributor with its Contributor Version (or portions of such
combination).
2.2.c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the
date Contributor first makes Commercial Use of the Covered Code.
2.2.c. Notwithstanding Section 2.2 (b) above, no patent license is granted: 1)
for any code that Contributor has deleted from the Contributor Version; 2)
separate from the Contributor Version; 3) for infringements caused by: i) third
party modifications of Contributor Version or ii) the combination of
Modifications made by that Contributor with other software (except as part of
the Contributor Version) or other devices; or 4) under Patent Claims infringed
by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations
3.1. Application of License
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms of this
License or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the
recipients' rights hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2. Availability of Source Code
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the same
media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of any
change. You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer in (a) the Source Code, and (b) in
any notice in an Executable version or related documentation in which You
describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
3.4.a. Third Party Claims: If Contributor has knowledge that a license under a
third party's intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
a text file with the Source Code distribution titled "LEGAL" which describes the
claim and the party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after the
Modification is made available as described in Section 3.2, Contributor shall
promptly modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying appropriate mailing
lists or newsgroups) reasonably calculated to inform those who received the
Covered Code that new knowledge has been obtained.
3.4.b. Contributor APIs: If Contributor's Modifications include an application
programming interface and Contributor has knowledge of patent licenses which are
reasonably necessary to implement that API, Contributor must also include this
information in the legal file.
3.4.c. Representations: Contributor represents that, except as disclosed
pursuant to Section 3.4 (a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or Contributor has
sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices
You must duplicate the notice in Exhibit A in each file of the Source Code. If
it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice. If
You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License in
any documentation for the Source Code where You describe recipients' rights or
ownership rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor. You must
make it absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions
You may distribute Covered Code in Executable form only if the requirements of
Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if
You include a notice stating that the Source Code version of the Covered Code is
available under the terms of this License, including a description of how and
where You have fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights relating to
the Covered Code. You may distribute the Executable version of Covered Code or
ownership rights under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance with the terms
of this License and that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version from the
rights set forth in this License. If You distribute the Executable version under
a different license You must make it absolutely clear that any terms which
differ from this License are offered by You alone, not by the Initial Developer
or any Contributor. You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.7. Larger Works
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a single
product. In such a case, You must make sure the requirements of this License are
fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute, judicial order, or
regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the legal file described in Section
3.4 and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to understand
it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
The H2 Group may publish revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by the H2 Group. No one other than the H2 Group has the right
to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases "H2 Group", "H2"
or any confusingly similar phrase do not appear in your license (except to note
that your license differs from this License) and (b) otherwise make it clear
that Your version of the license contains terms which differ from the H2
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of themselves be
deemed to be modifications of this License.)
7. Disclaimer of Warranty
Covered code is provided under this license on an "as is" basis, without
warranty of any kind, either expressed or implied, including, without
limitation, warranties that the covered code is free of defects, merchantable,
fit for a particular purpose or non-infringing. The entire risk as to the
quality and performance of the covered code is with you. Should any covered code
prove defective in any respect, you (not the initial developer or any other
contributor) assume the cost of any necessary servicing, repair or correction.
This disclaimer of warranty constitutes an essential part of this license. No
use of any covered code is authorized hereunder except under this disclaimer.
8. Termination
8.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code which
are properly granted shall survive any termination of this License. Provisions
which, by their nature, must remain in effect beyond the termination of this
License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant") alleging that:
8.2.a. such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
8.2.b. any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
revoked effective as of the date You first made, used, sold, distributed, or had
made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any
patent where such claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. Limitation of Liability
Under no circumstances and under no legal theory, whether tort (including
negligence), contract, or otherwise, shall you, the initial developer, any other
contributor, or any distributor of covered code, or any supplier of any of such
parties, be liable to any person for any indirect, special, incidental, or
consequential damages of any character including, without limitation, damages
for loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses, even if such party shall have been
informed of the possibility of such damages. This limitation of liability shall
not apply to liability for death or personal injury resulting from such party's
negligence to the extent applicable law prohibits such limitation. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so this exclusion and limitation may not apply to you.
10. United States Government End Users
The Covered Code is a "commercial item", as that term is defined in 48 C.F.R.
2.101 (October 1995), consisting of "commercial computer software" and
"commercial computer software documentation", as such terms are used in 48
C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
Covered Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject matter hereof.
If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
License shall be governed by California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions. With respect to disputes in which at least one party is a citizen
of, or an entity chartered or registered to do business in United States of
America, any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of California, with
venue lying in Santa Clara County, California, with the losing party responsible
for costs, including without limitation, court costs and reasonable attorneys'
fees and expenses. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. Any law or regulation
which provides that the language of a contract shall be construed against the
drafter shall not apply to this License.
12. Responsibility for Claims
As between Initial Developer and the Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of
rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-Licensed Code
Initial Developer may designate portions of the Covered Code as "Multiple-
Licensed". "Multiple-Licensed" means that the Initial Developer permits you to
utilize portions of the Covered Code under Your choice of this or the
alternative licenses, if any, specified by the Initial Developer in the file
described in Exhibit A.
Hacking License
===============
Our Curiosity will serve Humanity through Freedom, Candor and Communion.
The Purpose of the Hacking License is to create a cultural and
technological corpus that will grow and evolve completely and
exclusively as a common heritage of humanity.
To this aim, the Hacking License grants you the right to hack with us,
to explore ways we ignore and to challenge our assumptions by
teaching us what you learn in the process.
Accepting the Hacking License, you join a community that shares and
extends the knowledge that the covered material (the "Hack") represents.
You freely receive our Hacks as long as you freely share your own.
1) Receiving a License by Accepting the Contract
------------------------------------------------
In order to receive this Hacking License, you must accept its terms
and agree to its rules as both strict obligations and conditions
to your Hacking License.
If you cannot or will not follow any of its rules, the Hacking License
does not grant you any right or permission over the Hack and thus
you must not do anything with the Hack that would infringe the rights
and patents of the copyright holders (the "Hackers").
2) Grants
---------
Subject to the Conditions below, you are hereby granted:
1. Permission to do with the Hack everything that would otherwise
infringe the copyright, database rights, mask works' rights,
design rights or other copyright-like rights of the Hackers.
2. A patent license to do everything with the Hack that would
otherwise infringe the Hackers' patent claims.
3. All rights, title and interests in every copyright, database rights,
mask works' rights, design rights and every other copyright-like
rights that the Hackers hold on the Hack.
All of these permissions, licenses, rights, title and interests are
free of charge, non-exclusive, valid everywhere in the Universe,
irrevocable (as long as you comply with the stated Conditions),
royalty-free and can be transferred to third parties with the Hack
or any derivative work.
The Hacking License does not grant you any rights in the names, trade
names, trademarks, service marks, or logos of the Hackers and of the
Hack, except as required for reasonable and customary use in
describing the origin of the Hack and reproducing the content
of the copyright notice.
3) Conditions
-------------
All grants, rights, title, interests, licenses and permissions provided by
this Hacking License are subject to the following conditions:
1. You must not use any of the rights, title, interests, licenses and
permissions provided by this Hacking License in contrast with the Purpose
of the Hacking License, nor to otherwise prevent, hinder or inhibit the
fruition of the rights, title, interests, licenses and permissions granted
by the Hacking License to any third party.
Note that this also means, for example, that by accepting this Hacking
License you waive any legal or technical power to forbid or prevent to such
third parties circumvention of any effective or ineffective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or similar
laws prohibiting or restricting circumvention of such measures.
2. The authors' copyright notice and this license must be included in all
copies or substantial portions of the Hack and in every derivative work
that you create.
3. You must apply the Hacking License to every translation, sequel,
adaptation and every other kind of dependent or derivative work
based on the Hack that you create, and you yourself must comply
with its rules. Note that, for the purpose of the Hacking
License, every work that somehow depends on, includes, integrates
or otherwise extracts value or data from or through the Hack
must be considered a dependent work based on the Hack.
4. The human-readable representation of the Hack which is the most
convenient for people to study and modify and that can effectively
be used to automatically generate a new identical copy of the Hack
must be made available to the public with the Hack and under
the Hacking License.
5. You must not initiate any patent infringement litigation claim
alleging that all or part of the Hack or any derivative work
based on the Hack directly or indirectly infringes a patent.
4) Termination
--------------
Failing to comply with any of the Conditions of the Hacking License
will automatically terminate the Grants provided here, with immediate
effect and without notice to you.
For the avoidance of doubt, such termination will not affect third
parties who have received from you copies of the Hack, derivative
works, permissions, patent licenses or other rights under the
Hacking License.
5) No Warranty and Limitation of Liability
------------------------------------------
THE HACK IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT WILL THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE HACK OR THE USE OR OTHER DEALINGS
IN THE HACK.
6) Use and distribution of the Hacking License
----------------------------------------------
This version of the Hacking License was written on 01 September 2021.
You are permitted to distribute this document under the Hacking License.
HEALTH ADMINISTRATION CORPORATION OPEN SOURCE LICENSE VERSION 1.2
1. DEFINITIONS.
"Commercial Use" shall mean distribution or otherwise making the
Covered Software available to a third party.
"Contributor" shall mean each entity that creates or contributes to
the creation of Modifications.
"Contributor Version" shall mean in case of any Contributor the
combination of the Original Software, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor
and in case of Health Administration Corporation in addition the
Original Software in any form, including the form as Executable.
"Covered Software" shall mean the Original Software or Modifications
or the combination of the Original Software and Modifications, in
each case including portions thereof.
"Electronic Distribution Mechanism" shall mean a mechanism generally
accepted in the software development community for the electronic
transfer of data.
"Executable" shall mean Covered Software in any form other than
Source Code.
"Initial Developer" shall mean the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
"Health Administration Corporation" shall mean the Health
Administration Corporation as established by the Health Administration
Act 1982, as amended, of the State of New South Wales, Australia. The
Health Administration Corporation has its offices at 73 Miller Street,
North Sydney, New South Wales 2059, Australia.
"Larger Work" shall mean a work, which combines Covered Software or
portions thereof with code not governed by the terms of this License.
"License" shall mean this document.
"Licensable" shall mean having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
"Modifications" shall mean any addition to or deletion from the
substance or structure of either the Original Software or any previous
Modifications. When Covered Software is released as a series of files,
a Modification is:
a) Any addition to or deletion from the contents of a file
containing Original Software or previous Modifications.
b) Any new file that contains any part of the Original Software or
previous Modifications.
"Original Software" shall mean the Source Code of computer software
code which is described in the Source Code notice required by Exhibit
A as Original Software, and which, at the time of its release under
this License is not already Covered Software governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by grantor.
"Source Code" shall mean the preferred form of the Covered Software
for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to
control compilation and installation of an Executable, or source
code differential comparisons against either the Original Software or
another well known, available Covered Software of the Contributor's
choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is
widely available for no charge.
"You" (or "Your") shall mean an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or
a future version of this License issued under Section 6.1. For legal
entities, "You" includes an entity which controls, is controlled
by, or is under common control with You. For the purposes of this
definition, "control" means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty per cent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. SOURCE CODE LICENSE.
2.1 Health Administration Corporation Grant.
Subject to the terms of this License, Health Administration Corporation
hereby grants You a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims:
a) under copyrights Licensable by Health Administration Corporation
to use, reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof) with or without
Modifications, and/or as part of a Larger Work;
b) and under Patents Claims infringed by the making, using or selling
of Original Software, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Software
(or portions thereof).
c) The licenses granted in this Section 2.1(a) and (b) are effective
on the date Health Administration Corporation first distributes
Original Software under the terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Software; 2) separate
from the Original Software; or 3) for infringements caused by: i)
the modification of the Original Software or ii) the combination of
the Original Software with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and subject to third party
intellectual property claims, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license:
a) under copyrights Licensable by Contributor, to use, reproduce,
modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Software and/or
as part of a Larger Work; and
b) under Patent Claims necessarily infringed by the making, using,
or selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions of
such combination), to make, use, sell, offer for sale, have made,
and/or otherwise dispose of: 1) Modifications made by that Contributor
(or portions thereof); and 2) the combination of Modifications made
by that Contributor with its Contributor Version (or portions of
such combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered
Software.
d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor
Version; 2) separate from the Contributor Version; 3) for infringements
caused by: i) third party modifications of Contributor Version or ii)
the combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other devices;
or 4) under Patent Claims infringed by Covered Software in the absence
of Modifications made by that Contributor.
3. DISTRIBUTION OBLIGATIONS.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section
2.2. The Source Code version of Covered Software may be distributed
only under the terms of this License or a future version of this License
released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or
impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on
the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to
such recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution Mechanism
is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Software to which You contribute to contain
a file documenting the changes You made to create that Covered Software
and the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Software provided by Health Administration Corporation and including
the name of Health Administration Corporation in (a) the Source Code,
and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Software.
3.4 Intellectual Property Matters
a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
"LEGAL'' which describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those
who received the Covered Software that new knowledge has been obtained.
b) Contributor APIs.
If Contributor's Modifications include an application programming
interface (API) and Contributor has knowledge of patent licenses
which are reasonably necessary to implement that API, Contributor
must also include this information in the LEGAL file.
c) Representations.
Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient
rights to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely to
look for such a notice. If You created one or more Modification(s) You
may add your name as a Contributor to the notice described in Exhibit
A. You must also duplicate this License in any documentation for the
Source Code where You describe recipients' rights or ownership rights
relating to Covered Software. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability obligations to one or
more recipients of Covered Software. However, You may do so only on Your
own behalf, and not on behalf of Health Administration Corporation or any
Contributor. You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify Health Administration Corporation and
every Contributor for any liability incurred by Health Administration
Corporation or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Software in Executable form only if the
requirements of Sections 3.1-3.5 have been met for that Covered Software,
and if You include a notice stating that the Source Code version of the
Covered Software is available under the terms of this License, including
a description of how and where You have fulfilled the obligations of
Section 3.2. The notice must be conspicuously included in any notice in
an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Software. You may
distribute the Executable version of Covered Software or ownership rights
under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version from
the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear
that any terms which differ from this License are offered by You alone,
not by Health Administration Corporation or any Contributor. You hereby
agree to indemnify Health Administration Corporation and every Contributor
for any liability incurred by Health Administration Corporation or such
Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Software with other
software not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Software.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with the
terms of this License to the maximum extent possible; and (b) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed
for a recipient of ordinary skill to be able to understand it.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which Health Administration Corporation
has attached the notice in Exhibit A and to related Covered Software.
6. VERSIONS OF THE LICENSE.
6.1 New Versions.
Health Administration Corporation may publish revised and/or new
versions of the License from time to time. Each version will be given
a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Software has been published under a particular version
of the License, You may always continue to use it under the terms of
that version. You may also choose to use such Covered Software under
the terms of any subsequent version of the License published by Health
Administration Corporation. No one other than Health Administration
Corporation has the right to modify the terms applicable to Covered
Software created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS
WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT HEALTH ADMINISTRATION CORPORATION, ITS LICENSORS OR AFFILIATES OR
ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Software which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Health Administration
Corporation or a Contributor (Health Administration Corporation
or Contributor against whom You file such action is referred to as
"Participant") alleging that:
a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation
claim is not withdrawn, the rights granted by Participant to
You under Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified above.
b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent,
then any rights granted to You by such Participant under Sections
2.1(b) and 2.2(b) are revoked effective as of the date You first
made, used, sold, distributed, or had made, Modifications made by
that Participant.
8.3 If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account in
determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or any distributor hereunder prior to
termination shall survive termination.
9. LIMITATION OF LIABILITY.
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, HEALTH
ADMINISTRATION CORPORATION, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR
OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW
LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY'S, ITS EMPLOYEES',
LICENSORS' OR AFFILIATES' LIABILITY SHALL BE LIMITED TO AUD$100. NOTHING
CONTAINED IN THIS LICENSE SHALL PREJUDICE THE STATUTORY RIGHTS OF ANY
PARTY DEALING AS A CONSUMER.
9.2 Notwithstanding any other clause in the licence, and to the extent
permitted by law:
(a) Health Administration Corporation ("the Corporation") excludes all
conditions and warranties which would otherwise be implied into
a supply of goods or services arising out of or in relation to
the granting of this licence by the Corporation or any associated
acquisition of software to which this licence relates;
(b) Where a condition or warranty is implied into such a supply and
that condition or warranty cannot be excluded by law that warranty
or condition is implied into that supply and the liability of the
Health Administration Corporation for a breach of that condition or
warranty is limited to the fullest extent permitted by law and, in
respect of conditions and warranties implied by the Trade Practices
Act (Commonwealth of Australia) 1974, is limited, to the extent
permitted by law, to one or more of the following at the election
of the Corporation:
(A) In the case of goods: (i) the replacement of the goods or the
supply of equivalent goods; (ii) the repair of the goods; (iii)
the payment of the cost of replacing the goods or of acquiring
equivalent goods; (iv) the payment of the cost of having the
goods repaired; and
(B) in the case of services: (i) the supplying of the services again;
or (ii) the payment of the cost of having the services supplied
again.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. All rights in the Covered Software not expressly granted under
this License are reserved. Nothing in this License shall grant You any
rights to use any of the trademarks of Health Administration Corporation
or any of its Affiliates, even if any of such trademarks are included
in any part of Covered Software and/or documentation to it.
This License is governed by the laws of the State of New South Wales,
Australia excluding its conflict-of-law provisions. All disputes or
litigation arising from or relating to this Agreement shall be subject
to the jurisdiction of the Supreme Court of New South Wales. If any part
of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms.
11. RESPONSIBILITY FOR CLAIMS.
As between Health Administration Corporation and the Contributors,
each party is responsible for claims and damages arising, directly or
indirectly, out of its utilisation of rights under this License and You
agree to work with Health Administration Corporation and Contributors
to distribute such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constitute any admission of liability.
EXHIBIT A
The contents of this file are subject to the HACOS License Version 1.2
(the "License"); you may not use this file except in compliance with
the License.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.
The Original Software is "NetEpi Analysis". The Initial Developer
of the Original Software is the Health Administration Corporation,
incorporated in the State of New South Wales, Australia.
Copyright (C) 2004, 2005 Health Administration Corporation.
All Rights Reserved.
Contributors: None.
APPENDIX 1. DIFFERENCES BETWEEN THE HACOS LICENSE VERSION 1.2, THE
MOZILLA PUBLIC LICENSE VERSION 1.1 AND THE NOKIA OPEN SOURCE LICENSE
(NOKOS LICENSE) VERSION 1.0A
The HACOS License Version 1.2 was derived from the Mozilla Public
License Version 1.1 using some of the changes to the Mozilla Public
License embodied in the Nokia Open Source License (NOKOS License)
Version 1.0a. The differences between the HACOS License Version 1.2
(this document), the Mozilla Public License and the NOKOS License are
as follows:
i. The title of the license was changed to "Health Administration
Corporation Open Source License Version 1.2".
ii. Globally, all references to "Netscape Communications Corporation",
"Mozilla", "Nokia" and "Nokia Corporation" were changed to "Health
Administration Corporation".
iii. Globally, the words "means", "Covered Code" and "Covered Software"
as used in the Mozilla Public License were changed to "shall means",
"Covered Code" and "Covered Software" respectively, as used in
the NOKOS License.
iv. In Section 1 (Definitions), a definition of "Health Administration
Corporation" was added.
v. In Section 2, the term "intellectual property rights" used in the
Mozilla Public License was replaced by the term "copyrights"
as used in the NOKOS License.
vi. In Section 2.2 (Contributor Grant), the words "Subject to the
terms of this License" which appear in the NOKOS License were
added to the Mozilla Public License.
vii. The sentence "However, You may include an additional document
offering the additional rights described in Section 3.5." which
appears in the Mozilla Public License was omitted.
viii. Section 6.3 (Derivative Works) of the Mozilla Public License,
which permits modifications to the Mozilla Public License,
was omitted.
ix. The original Section 9 (Limitation of Liability) was renumbered
as Section 9.1, a maximum liability of AUD$100 was specified
for those jurisdictions which do not allow complete exclusion of
liability but which do allow limitation of liability. The sentence
"NOTHING CONTAINED IN THE LICENSE SHALL PREJUDICE THE STATUTORY
RIGHTS OF ANY PARTY DEALING AS A CONSUMER.", which appears in the
NOKOS License but not in the Mozilla Public License, was added.
x. Section 9.2 was added in order to further limit liability to the
maximum extent permitted by the Commonwealth of Australia Trade
Practices Act 1974.
xi. Section 10 of the Mozilla Public License, which provides additional
conditions for United States Government End Users, was omitted.
xii. The governing law and jurisdiction for the settlement of disputes
in Section 11 of the Mozilla Public License and Section 10 of the
NOKOS License was changed to the laws of the State of New South
Wales and the Supreme Court of New South Wales respectively. The
exclusion of the application of the United Nations Convention on
Contracts for the International Sale of Goods which appears in
the Mozilla Public License was omitted.
xiii. Section 13 (Multiple-Licensed Code) of the Mozilla Public License
was omitted.
xiv. The provisions for alternative licensing arrangement for contributed
code which appear in Exhibit A of the Mozilla Public License
were omitted.
================================================================================
The Happy Bunny License (Modified MIT License)
--------------------------------------------------------------------------------
Copyright (c) G-Truc Creation
Permission is hereby granted, free of charge, to any person obtaining a copy
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copies of the Software, and to permit persons to whom the Software is
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The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
Restrictions:
By making use of the Software for military purposes, you choose to make a
Bunny unhappy.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
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OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
The authors intend this Report to belong to the entire Haskell community, and
so we grant permission to copy and distribute it for any purpose, provided that
it is reproduced in its entirety, including this Notice. Modified versions of
this Report may also be copied and distributed for any purpose, provided that
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END-USER FIRMWARE LICENSE AGREEMENT (this license).
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1. This Firmware is licensed for use only in conjunction with
Hauppauge component products. Use of the Firmware in conjunction
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4. You may not sublicense the Firmware.
5. The Firmware may contain the firmware or other property of third party
suppliers.
TRADEMARKS. Except as expressly provided herein, you shall not use
Hauppauge's name in any publications, advertisements, or other
announcements without Hauppauge's prior written consent. You do not
have any rights to use any Hauppauge trademarks or logos.
OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Title to all copies of the
Firmware remains with Hauppauge or its suppliers. The Firmware is
copyrighted and protected by the laws of the United States and other
countries, and international treaty provisions. You may not remove any
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is not obligated to support or update the Firmware. Except as
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EXCLUSION OF WARRANTIES.
THE FIRMWARE IS PROVIDED "AS IS" AND POSSIBLY WITH FAULTS. UNLESS
EXPRESSLY AGREED OTHERWISE, HAUPPAUGE AND ITS SUPPLIERS AND LICENSORS
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Hauppauge does not warrant or assume responsibility for the accuracy
or completeness of any information, text, graphics, links or other
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financial or otherwise, associated with Your use or disposition of the
Firmware.
LIMITATION OF LIABILITY. IN NO EVENT SHALL HAUPPAUGE OR ITS SUPPLIERS
AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF
ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,
MODIFICATION, OR INABILITY TO USE THE FIRMWARE, OR OTHERWISE, NOR FOR
PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND,
EVEN IF HAUPPAUGE OR ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION
OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
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EXPORT RESTRICTIONS. Each party acknowledges that the Firmware is
subject to applicable import and export regulations of the United
States and of the countries in which each party transacts business,
specifically including U.S. Export Administration Act and Export
Administration Regulations. Each party shall comply with such laws and
regulations, as well as all other laws and regulations applicable to
the Firmware. Without limiting the generality of the foregoing, each
party agrees that it will not export, re-export, transfer or divert
any of the Firmware or the direct programs thereof to any restricted
place or party in accordance with U.S. export regulations. Note that
Firmware containing encryption may be subject to additional
restrictions.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed
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and the United Nations Convention on Contracts for the Sale of
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authorized representative of Hauppauge.
GOVERNMENT RESTRICTED RIGHTS. The Firmware is provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or their successors. Use of the Firmware by
the Government constitutes acknowledgment of Hauppauge's proprietary
rights therein. Contractor or Manufacturer is Hauppauge Computer
Works, Inc. 91 Cabot Court Hauppauge, NY 11788
TERMINATION OF THIS AGREEMENT. Hauppauge may terminate this Agreement
at any time if you violate its terms. Upon termination, you will
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OEM/IHV/ISV FIRMWARE LICENSE AGREEMENT
IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS FIRMWARE
Do not use or load this firmware image (the "Firmware") until you have
carefully read the following terms and conditions. By loading or using
the Firmware, you agree to the terms of this Agreement. If you do not
wish to so agree, do not install or use the Firmware.
LICENSEES: Please note:
* If you are an End-User, only the END-USER FIRMWARE LICENSE AGREEMENT
applies.
* If you are an Original Equipment Manufacturer (OEM), Independent
Hardware Vendor (IHV), or Independent Firmware Vendor (ISV), the
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well as the END-USER FIRMWARE LICENSE AGREEMENT.
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END-USER FIRMWARE LICENSE AGREEMENT; and (iii) modify, copy and
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Firmware, but only in association with the Firmware.
If you are not the final manufacturer or vendor of a computer system
or firmware program incorporating the Firmware, then you may transfer
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modify, translate, convert to another programming language, decompile,
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anything to the contrary hereunder, solely with respect to the
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or consultants that You use to perform the work or otherwise assist
You in the development or products using this Firmware shall be deemed
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be bound by the terms of the END-USER FIRMWARE LICENSE AGREEMENT. No
additional agreement between You and such consultants or contractors
is required under this Agreement to detail such compliance.
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have any rights to use any Hauppauge trademarks or logos.
OWNERSHIP OF FIRMWARE AND COPYRIGHTS. Firmware and accompanying
materials, if any, are owned by Hauppauge or its suppliers and
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than those specified in this Agreement, are reserved by Hauppauge and
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remove any proprietary notices and/or any labels from the Firmware and
accompanying materials without prior written approval by Hauppauge
EXCLUSION OF WARRANTIES.
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subsequent breach of that right or as a waiver of any other right.
Redistribution and use in source and binary forms, with or without
modification, are permitted for any purpose (including commercial purposes)
provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the following disclaimer in the documentation
and/or materials provided with the distribution.
3. In addition, redistributions of modified forms of the source or binary
code must carry prominent notices stating that the original code was
changed and the date of the change.
4. All publications or advertising materials mentioning features or use of
this software are asked, but not required, to acknowledge that it was
developed by The HDF Group and by the National Center for Supercomputing
Applications at the University of Illinois at Urbana-Champaign and
credit the contributors.
5. Neither the name of The HDF Group, the name of the University, nor the
name of any Contributor may be used to endorse or promote products derived
from this software without specific prior written permission from The HDF
Group, the University, or the Contributor, respectively.
DISCLAIMER:
THIS SOFTWARE IS PROVIDED BY THE HDF GROUP AND THE CONTRIBUTORS "AS IS"
WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no event
shall The HDF Group or the Contributors be liable for any damages suffered
by the users arising out of the use of this software, even if advised of
the possibility of such damage.
Copyright Notice and License Terms for
HDF5 (Hierarchical Data Format 5) Software Library and Utilities
-----------------------------------------------------------------------------
HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 2006 by The HDF Group.
NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 1998-2006 by The Board of Trustees of the University of Illinois.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted for any purpose (including commercial purposes)
provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the following disclaimer in the documentation
and/or materials provided with the distribution.
3. Neither the name of The HDF Group, the name of the University, nor the
name of any Contributor may be used to endorse or promote products derived
from this software without specific prior written permission from
The HDF Group, the University, or the Contributor, respectively.
DISCLAIMER:
THIS SOFTWARE IS PROVIDED BY THE HDF GROUP AND THE CONTRIBUTORS
"AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO
EVENT SHALL THE HDF GROUP OR THE CONTRIBUTORS BE LIABLE FOR ANY DAMAGES
SUFFERED BY THE USERS ARISING OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are under no obligation whatsoever to provide any bug fixes, patches, or
upgrades to the features, functionality or performance of the source code
("Enhancements") to anyone; however, if you choose to make your Enhancements
available either publicly, or directly to The HDF Group, without imposing a
separate written license agreement for such Enhancements, then you hereby
grant the following license: a non-exclusive, royalty-free perpetual license
to install, use, modify, prepare derivative works, incorporate into other
computer software, distribute, and sublicense such enhancements or derivative
works thereof, in binary and source code form.
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
Contributors: National Center for Supercomputing Applications (NCSA) at
the University of Illinois, Fortner Software, Unidata Program Center
(netCDF), The Independent JPEG Group (JPEG), Jean-loup Gailly and Mark Adler
(gzip), and Digital Equipment Corporation (DEC).
-----------------------------------------------------------------------------
Portions of HDF5 were developed with support from the Lawrence Berkeley
National Laboratory (LBNL) and the United States Department of Energy
under Prime Contract No. DE-AC02-05CH11231.
-----------------------------------------------------------------------------
Portions of HDF5 were developed with support from Lawrence Livermore
National Laboratory and the United States Department of Energy under
Prime Contract No. DE-AC52-07NA27344.
-----------------------------------------------------------------------------
Portions of HDF5 were developed with support from the University of
California, Lawrence Livermore National Laboratory (UC LLNL).
The following statement applies to those portions of the product and must
be retained in any redistribution of source code, binaries, documentation,
and/or accompanying materials:
This work was partially produced at the University of California,
Lawrence Livermore National Laboratory (UC LLNL) under contract
no. W-7405-ENG-48 (Contract 48) between the U.S. Department of Energy
(DOE) and The Regents of the University of California (University)
for the operation of UC LLNL.
DISCLAIMER:
THIS WORK WAS PREPARED AS AN ACCOUNT OF WORK SPONSORED BY AN AGENCY OF
THE UNITED STATES GOVERNMENT. NEITHER THE UNITED STATES GOVERNMENT NOR
THE UNIVERSITY OF CALIFORNIA NOR ANY OF THEIR EMPLOYEES, MAKES ANY
WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LIABILITY OR RESPONSIBILITY
FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION,
APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE
WOULD NOT INFRINGE PRIVATELY- OWNED RIGHTS. REFERENCE HEREIN TO ANY
SPECIFIC COMMERCIAL PRODUCTS, PROCESS, OR SERVICE BY TRADE NAME,
TRADEMARK, MANUFACTURER, OR OTHERWISE, DOES NOT NECESSARILY CONSTITUTE
OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVORING BY THE UNITED
STATES GOVERNMENT OR THE UNIVERSITY OF CALIFORNIA. THE VIEWS AND
OPINIONS OF AUTHORS EXPRESSED HEREIN DO NOT NECESSARILY STATE OR REFLECT
THOSE OF THE UNITED STATES GOVERNMENT OR THE UNIVERSITY OF CALIFORNIA,
AND SHALL NOT BE USED FOR ADVERTISING OR PRODUCT ENDORSEMENT PURPOSES.
-----------------------------------------------------------------------------
You may freely use, modify, and redistribute the hdparm program, as either
binary or source, or both.
The only condition is that my name and copyright notice remain in the source
code as-is.
Mark Lord (mlord@pobox.com)
END USER LICENSE AGREEMENT FOR HELIOS SOFTWARE SOLUTIONS SOFTWARE.
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11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELIOS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HELIOS OR ANY SUPPLIER, AND EVEN IF HELIOS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF HELIOS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY HELIOS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7, 8, AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Helios relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Helios policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
Helix DNA Technology Binary Research Use License
REDISTRIBUTION NOT PERMITTED
This Helix DNA Technology Binary Research Use License ("License") is a legal agreement between You and RealNetworks, Inc. and its suppliers and licensors (collectively, "RealNetworks") for the binary versions of the Helix DNA Compiled Binaries distributed under this License ("Software"), which are made available from the "Helix DNA Compiled Binaries" section of the www.helixcommunity.org Web site. "You" means an individual, or a legal entity acting by and through an individual or individuals, exercising rights either under this License. For legal entities, "You" includes any entity that by majority voting interest controls, is controlled by, or is under common control with You. The terms and conditions for this License are as follows:
By clicking on or accepting the "I AGREE TO THE ABOVE LICENSE TERMS" option below, or by installing, copying or otherwise using the Software, You agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK THE "I DO NOT AGREE TO THE ABOVE LICENSE TERMS" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. GRANT OF LICENSE FOR INTERNAL RESEARCH AND DEVELOPMENT WORK. Subject to the restrictions set forth herein, RealNetworks hereby grants to You a non-exclusive, non-sublicensable, personal license to use the Software in object code and any accompanying documentation ("Documentation") solely for Your internal, non-commercial evaluation and research use, provided that You may only install and use a reasonable number of copies of the Software on computers owned or controlled by You and located on Your premises. As part of such use You may combine the Software with other Helix software properly licensed to You under the terms of the RealNetworks Community Source License Agreement or the RealNetworks Public Source License Agreement, but You may not otherwise create derivative works of the Software or Documentation.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble or use any other method (including "clean room" development) to learn the source code of the Software (except to the extent that this restriction is expressly prohibited by law); (iii) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (iv) remove any proprietary notices or labels on the Software or Documentation; (v) use the Software to encode, reproduce or copy any material or intellectual property You do not have the right to encode, reproduce, or copy; (vi) use the Software to develop any application that has the capability of transcoding or converting RealAudio or RealVideo Files into any other file format ("Transcode" means to alter the current encoding or form of media files that was decoded from its original form, including by way of example but not limited to by way of example but not limited to: decompression of an audio or video stream and recompression using a different compression algorithm); or (vii) make available to any third party the results of any evaluation or testing of the Software by You under this License. Any such forbidden use shall immediately terminate Your license to the Software.
b) You agree that You shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a digital media content file or other work protected by the copyright laws of any jurisdiction.
d) Certain components of the Software may embody a serial copying management system required by the laws of the United States. You may not circumvent or attempt to circumvent this system by any means.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. This license does not grant You any right to any enhancement or update.
4. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in RealNetworks. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives You no rights to such content.
5. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALNETWORKS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS LICENSE OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF REALNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REALNETWORKS' TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. INDEMNIFICATION. This Software is intended for use only with properly licensed media, content and content creation tools. It is Your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any licenses to such media and content. You agree to use only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend RealNetworks, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have encoded, copied, compressed, enabled the "Allow Recording" feature, enabled the "Allow Download" feature, or copied, used, published, displayed, or transmitted any content or materials (other than materials provided by RealNetworks specifically for Your use) in connection with the Software in violation of another party's rights If You are importing the Software from the United States, You shall indemnify and hold RealNetworks harmless from and against any import and export duties or other claims arising from such importation.
7. TERMINATION. This License and Your right to use this Software automatically terminate if You fail to comply with any material provision of this License. RealNetworks may terminate this License at any time by delivering notice to You and You may terminate this License at any time by destroying or erasing Your copy of the Software. Upon termination of this License, You agree to destroy or erase the Software.
8. NO ASSIGNMENT. This License is personal to You, and may not be assigned without RealNetworks' express written consent.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. U.S. GOVERNMENT RESTRICTED RIGHTS: This Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is RealNetworks, Inc./2601 Elliott, Suite 1000/Seattle, Washington 98121. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software You are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied You export privileges, (ii) You are not located in or under the control of a national or resident of any such country or on any such list, and (iii) You will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
10. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us. A separate written agreement with respect to the subject matter hereof shall supersede this instrument to the extent indicated in such separate agreement. This License Agreement may not be modified except in a writing duly signed by an authorized representative of RealNetworks and You. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of Washington without regard to conflicts of law provisions and You consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Copyright ©1995-2002 RealNetworks, Inc. and/or its suppliers. 2601 Elliott Avenue, Suite 1000, Seattle, Washington 98121 U.S.A. The Software may incorporate one or more of the following patents: U.S. Patent #5,917,835; U.S. Patent # 5,854,858; U.S. Patent # 5,917,954. Other U.S. patents pending. All rights reserved. RealNetworks, Helix, RealAudio, and RealVideo are trademarks or registered trademarks of RealNetworks, Inc.
Development of this software was funded, in part, by Cray Research Inc.,
UUNET Communications Services Inc., Sun Microsystems Inc., and Scriptics
Corporation, none of whom are responsible for the results. The author
thanks all of them.
Redistribution and use in source and binary forms - with or without
modification - are permitted for any purpose, provided that redistributions
in source form retain this entire copyright notice and indicate the origin
and nature of any modifications.
I'd appreciate being given credit for this package in the documentation of
software which uses it, but that is not a requirement.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
HENRY SPENCER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This content is provided "as-is" and without warranties of any kind, either
express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, satisfactory quality and non-
infringement. HERE does not warrant that the content is error free and HERE does
not warrant or make any representations regarding the quality, correctness,
accuracy, or reliability of the content. You should therefore verify any
information contained in the content before acting on it. To the furthest extent
permitted by law, under no circumstances, including without limitation the
negligence of HERE, shall HERE be liable for any damages, including, without
limitation, direct, special, indirect, punitive, consequential, exemplary and/
or incidental damages that result from the use or application of this content,
even if HERE or an authorized representative has been advised of the possibility
of such damages.
This software and other materials contain proprietary information
controlled by HERE and are protected by applicable copyright legislation.
Any use and utilization of this software and other materials and
disclosure to any third parties is conditional upon having a separate
agreement with HERE for the access, use, utilization or disclosure of this
software. In the absence of such agreement, the use of the software is not
allowed.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION
0. DEFINITIONS. The following are defined terms that, whenever used in
this License Agreement, have the following meanings:
0.1 Author: "Author" shall mean the copyright holder of an Original
Work (the "Program") released by the Author under this License
Agreement.
0.2 Copy: "Copy" shall mean everything and anything that constitutes a
copy according to copyright law, without limitation. A "copy" does not
become anything other than a "copy" merely because, for example, a
governmental or institutional employee duplicates the Program or a
part of it for another employee of the same institution or
Governmental Entity, or merely because it is copied from one computer
to another, or from one medium to another, or multiple copies are made
on the same medium, within the same institutional or Governmental
Entity.
0.3 Derivative Work: A "Derivative Work" or "work based on the
Program" shall mean either the Program itself or any work containing
the Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation is
included without limitation in the term "modification."). In the
unlikely event that, and to the extent that, this contractual
definition of "Derivative Work" is later determined by any tribunal or
dispute-resolution body to be different is scope from the meaning of
"derivative work" under the copyright law of any country, then the
broadest and most encompassing possible definition either the
contractual definition of "Derivative Work," or any broader and more
encompassing statutory or legal definition, shall control. Acceptance
of this contractually-defined scope of the term "Derivative Work" is a
mandatory pre-condition for You to receive any of the benefits offered
by this License Agreement.
0.3.1 Mere aggregation of another work not based on the Program with
the Program (or with a Derivative Work based on the Program) on a
volume of a storage or distribution medium does not bring the other
work under the scope of this License Agreement.
0.4 License Agreement: When used in this License Agreement, the terms
"this License" or "this License Agreement" shall mean The Hactivismo
Enhanced-Source Software License Agreement, v. 0.1, or any subsequent
version made applicable under the terms of Section 15.
0.5 Licensee: The term "Licensee" shall mean You or any other
Licensee, whether or not a Qualified Licensee.
0.6 Original Work: "Original Work" shall mean a Program or other work
of authorship, or portion thereof, that is not a Derivative Work.
0.7 Program: The "Program," to which this License Agreement applies,
is the Original Work (including, but not limited to, computer
software) released by the Author under this License Agreement.
0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that
remains in full compliance with all terms and conditions of this
License Agreement. You are no longer a Qualified Licensee if, at any
time, You violate any terms of this License Agreement. Neither the
Program nor any Software based on the Program may be copied,
distributed, performed, displayed, used or modified by You, even for
Your own purposes, unless You are a Qualified Licensee. A Licensee
other than a Qualified Licensee remains subject to all terms and
conditions of this License Agreement, and to all remedies for each
cumulative violation as set forth herein. Loss of the status of
Qualified Licensee signifies that violation of any terms of the
License Agreement subjects a Licensee to loss of most of the benefits
that Qualified Licensees enjoy under this License Agreement, and to
additional remedies for all violations occurring after the first
violation.
0.9 Software: "Software" or "the Software" shall mean the Program, any
Derivative Work based on the Program or a portion thereof, and/or any
modified version of the Program or portion thereof, without
limitation.
0.10 Source Code: The term "Source Code" shall mean the preferred form
of a Program or Original Work for making modifications to it and all
available documentation describing how to access and modify that
Program or Original Work.
0.10.1 For an executable work, complete Source Code means all the
Source Code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and
installation of the executable. However, as a special exception, the
Source Code distributed need not include anything that is normally
distributed (in either source or binary form) with the major
components (compiler, kernel, and so on) of the operating system on
which the executable runs, unless that component itself accompanies
the executable.
0.10.2 "Object Code:" Because of certain peculiarities of current
export-control rules, "object code" of the Program, or any modified
version of the Program, or Derivative Work based on the Program, must
not be exported except by way of distribution that is ancillary to the
distribution of the Source Code. The "Source Code" shall be understood
as the primary content transferred or exported by You, and the "object
code" shall be considered as merely an ancillary component of any such
export distribution.
0.11 Strong Cryptography: "Strong Cryptography" shall mean
cryptography no less secure than (for example, and without limitation)
a 2048-bit minimum key size for RSA encryption, 1024-bit minimum key
size for Diffie-Hellman (El Gamal), or a 256-bit minimum key size for
AES and similar symmetric ciphers.
0.12 Substandard Key-Selection Technique: The term "Substandard
Key-Selection Technique" shall mean a method or technique to cause
encryption keys to be more easily guessed or less secure, such as by
(i) causing the selection of keys to be less than random, or (ii)
employing a selection process that selects among only a subset of
possible keys, instead of from among the largest set of possible keys
that can securely be used consistent with contemporary knowledge about
the cryptographic techniques employed by You. The following
illustrations elaborate on the foregoing definition:
0.12.1 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of one or more
prime numbers, or involves one or more mathematical functions or
concatenations performed on one or more prime numbers, then each prime
number should be selected from a very large set of candidate prime
numbers, but not necessarily from the set of all possible prime
numbers (e.g., inclusion of the number 1 in the candidate set, for
example, may in some instances reduce rather than enhance security),
and absolutely not from any artificially small set of candidate primes
that makes the guessing of a key easier than would be the case if a
secure key-generation technique were employed. In all instances, the
primes should be selected at random from among the candidate set. If
there is a customary industry standard for maximizing the security
associated with the key-generation or key-selection technique for the
cryptosystem You select, then (with attention also to the requirements
of Section 0.11), You should employ a key-generation or selection
technique no less secure than the customary industry standard for
secure use of the cryptosystem.
0.12.2 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of a random
integer, or the transformation of a random integer through one or more
mathematical processes, then the selection of the integer shall be at
random from the largest possible set of all possible integers
consistent with the secure functioning of the encryption algorithm. It
shall not be selected from an artificially small set of integers
(e.g., if a 256-bit random integer serves as the key, then You could
not set 200 of the 256 bits as "0," and randomly generate only the
remaining 56 bits producing effectively a 56-bit keylength instead of
using the full 256 bits).
0.12.3 In other words, Your key-generation technique must promote
security to the maximum extent permitted by the cryptographic
method(s) and keylength You elect to employ, rather than facilitating
eavesdropping or surveillance in any way. The example of GSM
telephones, in which 16 of 56 bits in each encryption key were set at
"0," thereby reducing the security of the system by a factor of
65,536, is particularly salient. Such artificial techniques to reduce
the security of a cryptosystem by selecting keys from only a
less-secure or suboptimal subset of possible keys, is prohibited and
will violate this License Agreement if any such technique is employed
in any Software.
0.13 You: Each Licensee (including, without limitation, Licensees that
have violated the License Agreement and who are no longer Qualified
Licensees, but who nevertheless remain subject to all requirements of
this License Agreement and to all cumulative remedies for each
successive violation), is referred to as "You."
0.13.1 Governmental Entity: "You" explicitly includes any and all
"Governmental Entities," without limitation. "Governmental Entity" or
"Governmental Entities," when used in this License Agreement, shall
mean national governments, sub-national governments (for example, and
without limitation, provincial, state, regional, local and municipal
governments, autonomous governing units, special districts, and other
such entities), governmental subunits (without limitation,
governmental agencies, offices, departments, government corporations,
and the like), supra-national governmental entities such as the
European Union, and entities through which one or more governments
perform governmental functions or exercise governmental power in
coordination, cooperation or unison.
0.13.2 Governmental Person: "You" also explicitly includes
"Governmental Persons." The terms "Governmental Person" or
"Governmental Persons," when used in this License Agreement, shall
mean the officials, officers, employees, representatives, contractors
and agents of any Governmental Entity.
1. Application of License Agreement. This License Agreement applies to
any Program or other Original Work of authorship that contains a
notice placed by the Author saying it may be distributed under the
terms of this License Agreement. The preferred manner of placing such
a notice is to include the following statement immediately after the
copyright notice for such an Original Work:
"Licensed under the Hacktivismo Enhanced-Source Software License
Agreement, Version 0.1"
2. Means of Acceptance Use, Copying, Distribution or Modification By
Anyone Constitutes Acceptance. Subject to Section 14.1 (concerning the
special case of certain Governmental Entities) any copying,
modification, distribution, or use by You of the Program or any
Software, shall constitute Your acceptance of all terms and conditions
of this License Agreement.
2.1 As a Licensee, You may not authorize, permit, or enable any person
to use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions.
2.2 You may not make any copy for Your own use unless You have
accepted this License Agreement and subjected yourself to all its
terms and conditions.
2.3 You may not make a copy for the use of any other person, or
transfer a copy to any other person, unless such person is a Licensee
that has accepted this License Agreement and such person is subject to
all terms and conditions of this License Agreement.
2.4 It is not the position of Hacktivismo that copyright law confers
an exclusive right to use, as opposed to the exclusive right to copy
the Software. However, for purposes of contract law, any use of the
Software shall be considered to constitute acceptance of this License
Agreement. Moreover, all copying is prohibited unless the recipient of
a copy has accepted the License Agreement. Because each such recipient
Licensee is contractually obligated not to permit anyone to access,
use, or secure a copy of the Software, without first accepting the
terms and conditions of this License Agreement, use by non-Licensees
is effectively prohibited contractually because nobody can obtain a
copy of, or access to a copy of, any Software without (1) accepting
the License Agreement through use, and (2) triggering some Licensee's
obligation to require acceptance as a precondition of copying or
access.
3. "Qualified Licensee" Requirement: Neither the Program nor any
Software or Derivative Work based on the Program may be copied,
distributed, displayed, performed, used or modified by You, even for
Your own purposes, unless You are a "Qualified Licensee." To remain a
Qualified Licensee, You must remain in full compliance with all terms
and conditions of this License Agreement.
4. License Agreement Is Exclusive Source of All Your Rights:
4.1 You may not copy, modify, or distribute the Program, or obtain any
copy, except as expressly provided under this License Agreement. Any
attempt otherwise to copy, modify, obtain a copy, sublicense or
distribute the Program is void, and will automatically terminate Your
rights under this License Agreement and subject You to all cumulative
remedies for each successive violation that may be available to the
Author. However, Qualified Licensees who have received copies from You
(and thereby have received rights from the Author) under this License
Agreement, and who would otherwise qualify as Qualified Licensees,
will not have their rights under their License Agreements suspended or
restricted on account of anything You do, so long as such parties
remain in full compliance.
4.2 You are not required to accept this License Agreement and prior to
the time You elect to become a Licensee and accept this License
Agreement, You may always elect instead not to copy, use, modify,
distribute, compile, or perform the Program or any Software released
under this License Agreement. However, nothing else grants You
permission to copy, to obtain or possess a copy, to compile a copy in
object code or executable code from a copy in source code, to modify,
or to distribute the Program or any Software based on the
Program. These actions are prohibited by law if You do not accept this
License Agreement. Additionally, as set forth in Section 2, any use,
copying or modification of the Software constitutes acceptance of this
License Agreement by You.
4.3 Each time You redistribute the Program (or any Software or
Derivative Work based on the Program), the recipient automatically
receives a License Agreement from the Author to copy, distribute,
modify, perform or display the Software, subject to the terms and
conditions of this License Agreement. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License Agreement. Enforcement is the responsibility
of the Author.
5. Grant of Source Code License.
5.1 Source Code Always Available from Author: Author hereby promises
and agrees except to the extent prohibited by export-control law to
provide a machine-readable copy of the Source Code of the Program at
the request of any Licensee. Author reserves the right to satisfy this
obligation by placing a machine-readable copy of the Source Code of
the most current version of the Program in an information repository
reasonably calculated to permit inexpensive and convenient access by
You for so long as Author continues to distribute the Program, and by
publishing the address of that information repository in a notice
immediately following the copyright notice that applies to the
Program. Every copy of the Program distributed by Hacktivismo (but not
necessarily every other Author) consists of the Source Code
accompanied, in some instances, by an ancillary distribution of
compiled Object Code, but the continued availability of the Source
Code from the Author addresses the possibility that You might have
(for any reason) not received from someone else a complete, current,
copy of the Source Code (lack of which would, for example, prevent You
from exporting copies to others without violating this license, see
Section 8).
5.2 Grant of License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License
Agreement, Author hereby grants You a world-wide, royalty-free,
non-exclusive, non-sublicensable copyright license to do the
following:
5.2.1 to reproduce the Source Code of the Program in copies;
5.2.2 to prepare Derivative Works based upon the Program and to edit
or modify the Source Code in the process of preparing such Derivative
Works;
5.2.3 to distribute copies of the Source Code of the Original Work
and/or of Derivative Works to others, with the proviso that copies of
Original Work or Derivative Works that You distribute shall be
licensed under this License Agreement, and that You shall fully inform
all recipients of the terms of this License Agreement.
6. Grant of Copyright License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license to do the
following:
6.1 to reproduce the Program in copies;
6.2 to prepare Derivative Works based upon the Program, or upon
Software that itself is based on the Program;
6.3 to distribute (either by distributing the Source Code, or by
distributing compiled Object Code, but any export of Object Code must
be ancillary to a distribution of Source Code) copies of the Program
and Derivative Works to others, with the proviso that copies of the
Program or Derivative Works that You distribute shall be licensed
under this License Agreement, that You shall fully inform all
recipients of the terms of this License Agreement;
6.4 to perform the Program or a Derivative Work publicly;
6.5 to display the Program or a Derivative Work publicly; and
6.6 to charge a fee for the physical act of transferring a copy of the
Program (You may also, at Your option, offer warranty protection in
exchange for a fee).
7. Grant of Patent License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license Agreement,
under patent claims owned or controlled by the Author that are
embodied in the Program as furnished by the Author ("Licensed Claims")
to make, use, sell and offer for sale the Program. Subject to the
proviso that You grant all Licensees a world-wide, non-exclusive,
royalty-free license under any patent claims embodied in any
Derivative Work furnished by You, Author hereby grants You a
world-wide, royalty-free, non-exclusive, non-sublicensable license
under the Licensed Claims to make, use, sell and offer for sale
Derivative Works.
8. Exclusions From License Agreement Grants. Nothing in this License
Agreement shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property
of Licensor except as expressly stated herein. No patent license is
granted to make, use, sell or offer to sell embodiments of any patent
claims other than the Licensed Claims defined in Section 7. No right
is granted to the trademarks of Author even if such marks are included
in the Program. Nothing in this License Agreement shall be interpreted
to prohibit Author from licensing under additional or different terms
from this License Agreement any Original Work, Program, or Derivative
Work that Author otherwise would have a right to License.
8.1 Implied Endorsements Prohibited. Neither the name of the Author
(in the case of Programs and Original Works released by Hacktivismo,
the name "Hacktivismo"), nor the names of contributors who helped
produce the Program may be used to endorse or promote modifications of
the Program, any Derivative Work, or any Software other than the
Program, without specific prior written permission of the
Author. Neither the name of Hacktivismo nor the names of any
contributors who helped write the Program may be used to endorse or
promote any Program or Software released under this License Agreement
by any person other than Hacktivismo.
9. Modifications and Derivative Works. Only Qualified Licensees may
modify the Software or prepare or distribute Derivative Works. If You
are a Qualified Licensee, Your authorization to modify the Software or
prepare or distribute Derivative Works (including permission to
prepare and/or distribute Derivative Works, as provided in Sections
5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to each and all of the
following mandatory terms and conditions (9.1 through 9.6, inclusive):
9.1 You must cause the modified files to carry prominent notices
stating that You changed the files and the date of any change;
9.2 If the modified Software normally reads commands interactively
when run, You must cause it, when started running for such interactive
use in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that You provide a warranty) and that
users may redistribute the program under this License Agreement, and
telling the user how to view a copy of this License
Agreement. (Exception: if the Program itself is interactive but does
not normally print such an announcement, Your Derivative Work based on
the Program is not required to print an announcement.);
9.3 Any Program, Software, or modification thereof copied or
distributed by You, that incorporates any portion of the Original
Work, must not contain any code or functionality that subverts the
security of the Software or the end-user's expectations of privacy,
anonymity, confidentiality, authenticity, and trust, including
(without limitation) any code or functionality that introduces any
"backdoor," escrow mechanism, "spy-ware," or surveillance techniques
or methods into any such Program, Software, or modification thereof;
9.4 Any Program, Software, or modification thereof copied or
distributed by You, that employs any cryptographic or other security,
privacy, confidentiality, authenticity, and/or trust methods or
techniques, including without limitation any Derivative Work that
includes any changes or modifications to any cryptographic techniques
in the Program, shall employ Strong Cryptography.
9.5 Any Program, Software, or modification thereof copied or
distributed by You, if it contains any key-generation or selection
technique, must not employ any Substandard Key-Selection Technique.
9.6 No Program or Software copied or distributed by You may transmit
or communicate any symmetric key, any "private key" if an asymmetric
cryptosystem is employed, or any part of such key, nor may it
otherwise make any such key or part of such key known, to any person
other than the end-user who generated the key, without the active
consent and participation of that individual end-user. If a private or
symmetric key is stored or recorded in any manner, it must not be
stored or recorded in plaintext, and it must be protected from reading
(at a minimum) by use of a password. Use of steganography or other
techniques to disguise the fact that a private or symmetric key is
even stored is strongly encouraged, but not absolutely required.
10. Use Restrictions: Human Rights Violations Prohibited.
10.1 Neither the Program, nor any Software or Derivative Work based on
the Program may used by You for any of the following purposes (10.1.1
through 10.1.5, inclusive):
10.1.1 to violate or infringe any human rights or to deprive any
person of human rights, including, without limitation, rights of
privacy, security, collective action, expression, political freedom,
due process of law, and individual conscience;
10.1.2 to gather evidence against any person to be used to deprive any
person of human rights;
10.1.3 any other use as a part of any project or activity to deprive
any person of human rights, including not only the above-listed
rights, but also rights of physical security, liberty from physical
restraint or incarceration, freedom from slavery, freedom from
torture, freedom to take part in government, either directly or
through lawfully elected representatives, and/or freedom from
self-incrimination;
10.1.4 any surveillance, espionage, or monitoring of individuals,
whether done by a Governmental Entity, a Governmental Person, or by
any non-governmental person or entity;
10.1.5 censorship or "filtering" of any published information or expression.
10.2 Additionally, the Program, any modification of it, or any
Software or Derivative Work based on the Program may not be used by
any Governmental Entity or other institution that has any policy or
practice (whether official or unofficial) of violating the human
rights of any persons.
10.3 You may not authorize, permit, or enable any person (including,
without limitation, any Governmental Entity or Governmental Person) to
use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions, including (without
limitation) the use restrictions embodied in Section 10.1 and 10.2,
inclusive.
11. All Export Distributions Must Consist of or Be Ancillary to
Distribution of Source Code. Because of certain peculiarities of
current export-control law, any distribution by You of the Program or
any Software may be in the form of Source Code only, or in the form or
Source Code accompanied by compiled Object Code, but You may not
export any Software in the form of compiled Object Code only. Such an
export distribution of compiled executable code must in all cases be
ancillary to a distribution of the complete corresponding
machine-readable source code, which must be distributed on a medium,
or by a method, customarily used for software interchange.
12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE
EXPORT LAWS OF YOUR JURISDICTION. It is Your responsibility to comply
with any export regulations applicable in Your jurisdiction. From the
United States, Canada, or many countries in Europe, export or
transmission of this Software to certain embargoed destinations
(including, but not necessarily limited to, Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo is
identified as the Author of the Program (and it is not the property of
some other Author), then export to any national of Cuba, Iran, Iraq,
Libya, North Korea, Sudan or Syria, or into the territory of any of
these countries, by any Licensee who has received this Software
directly from Hacktivismo or from the Cult of the Dead Cow, or any of
their members, is contractually prohibited and will constitute a
violation of this License Agreement. You are advised to consult the
current laws of any and all countries whose laws may apply to You,
before exporting this Software to any destination. Special care should
be taken to avoid export to any embargoed destination. An Author other
than Hacktivismo may substitute that Author's legal name for
"Hacktivismo" in this Paragraph, in relation to any Program released
by that Author under this Paragraph.
13. Contrary Judgments, Settlements and Court Orders. If, as a
consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are
imposed on You (whether by court order, agreement or otherwise) that
contradict the conditions of this License Agreement, they do not
excuse You from the conditions of this License Agreement. If You
cannot distribute so as to satisfy simultaneously Your obligations
under this License Agreement and any other pertinent obligations, then
as a consequence You may not distribute the Software at all. For
example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive copies directly
or indirectly through You, then the only way You could satisfy both it
and this License Agreement would be to refrain entirely from
distribution of the Program.
It is not the purpose of this Section 13 to induce You to infringe any
patents or other property right claims or to contest validity of any
such claims; this Section has the sole purpose of protecting the
integrity of the software distribution system reflected in this
License Agreement, which is implemented by public license
practices. Many people have made generous contributions to the wide
range of software distributed through related distribution systems, in
reliance on consistent application of such distribution systems; it is
up to the Author/donor to decide if he or she is willing to distribute
software through any other system and a Licensee cannot impose that
choice.
14. Governmental Entities: Any Governmental Entity ("Governmental
Entity" is defined broadly as set forth in Section 0.13.1) or
Governmental Person (as "Governmental Person" is defined broadly in
Section 0.13.2), that uses, modifies, changes, copies, displays,
performs, or distributes the Program, or any Software or Derivative
Work based on the Program, may do so if and only if all of the
following terms and conditions (14.1 through 14.10, inclusive) are
agreed to and fully met:
14.1 If it is the position of any Governmental Entity (or, in the case
of any "Governmental Person," if it is the position of that
Governmental Person's Governmental Entity) that any doctrine or
doctrines of law (including, without limitation, any doctrine(s) of
immunity or any formalities of contract formation) may render this
License Agreement unenforceable or less than fully enforceable against
such Governmental Entity, or any Governmental Person of such
Governmental Entity, then prior to any use, modification, change,
display, performance, copy or distribution of the Program, or of any
Software or Derivative Work based on the Program, or any part thereof,
by the Governmental Entity, or by any Governmental Person of that
Governmental Entity, the Governmental Entity shall be required to
inform the Author in writing of each such doctrine that is believed to
render this License Agreement or any part of it less than fully
enforceable against such Governmental Entity or any Governmental
Person of such entity, and to explain in reasonable detail what
additional steps, if taken, would render the License Agreement fully
enforceable against such entity or person. Failure to provide the
required written notice to the Author in advance of any such use,
modification, change, display, performance, copy or distribution,
shall constitute an irrevocable and conclusive waiver of any and all
reliance on any doctrine, by the Governmental Entity, that is not
included or that is omitted from the required written notice (failure
to provide any written notice means all reliance on any doctrine is
irrevocably waived). Any Governmental Entity that provides written
notice under this subsection is prohibited, as are all of the
Governmental Persons of such Governmental Entity, from making any use,
change, display, performance, copy, modification or distribution of
the Software or any part thereof, until such time as a License
Agreement is in place, agreed upon by the Author and by the
Governmental Entity, that such entity concedes is
fully-enforceable. Any use, modification, change, display,
performance, copy, or distribution following written notice under this
Paragraph, but without the implementation of an agreement as provided
herein, shall constitute an irrevocable and conclusive waiver by the
Governmental Entity (and any and all Governmental Persons of such
Governmental Entity) of any and all reliance on any legal doctrine
either referenced in such written notice or omitted from it.
14.2 Any Governmental Entity that uses, copies, changes, modifies, or
distributes, the Software or any part or portion thereof, or any
Governmental Person who does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), permanently and irrevocably waives any defense based on
sovereign immunity, official immunity, the Act of State Doctrine, or
any other form of immunity, that might otherwise apply as a defense
to, or a bar against, any legal action based on the terms of this
License Agreement.
14.2.1 With respect to any enforcement action brought by the Author in
a United States court against a foreign Governmental Entity, the
waiver by any Governmental Entity as provided in Subparagraphs 14.1
and 14.2 is hereby expressly acknowledged by each such Governmental
Entity to constitute a "case . . . in which the foreign state has
waived its immunity," within the scope of 28 U.S.C. � 1605(a)(1) of
the Foreign Sovereign Immunities Act of 1976 (as amended). Each such
Governmental Entity also specifically agrees and concedes that the
"commercial activity" exceptions to the FSIA, 28 U.S.C. � 1605(a)(2),
(3) are also applicable. With respect to an action brought against the
United States or any United States Governmental Entity, in the courts
of any country, the U.S. Governmental Entity shall be understood to
have voluntarily agreed to a corresponding waiver of immunity from
actions in the courts of any other sovereign.
14.2.2 With respect to any enforcement action brought by an authorized
end-user (as a third-party beneficiary, under the terms of
Subparagraphs 14.3 and 14.10) in a United States court against a
foreign Governmental Entity, the waiver by any Governmental Entity as
provided in Subparagraphs 14.1 and 14.2 is hereby expressly
acknowledged by each such Governmental Entity to constitute a "case
. . . in which the foreign state has waived its immunity," within the
scope of 28 U.S.C. � 1605(a)(1) of the Foreign Sovereign Immunities
Act of 1976 (as amended). . Each such Governmental Entity also
specifically agrees and concedes that the "commercial activity"
exceptions to the FSIA, 28 U.S.C. � 1605(a)(2), (3) are also
applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.
14.2.3 With respect to any action or effort by the Author in the
United States to execute a judgment against a foreign Governmental
Entity, by attaching or executing process against the property of such
Governmental Entity, the waiver by any Governmental Entity as provided
in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by
each such Governmental Entity to constitute a case in which "the
foreign state has waived its immunity from attachment in aid of
execution or from execution," in accordance with 28 U.S.C. �
1610(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as
amended). Each such Governmental Entity also specifically agrees and
concedes that the "commercial activity" exceptions to the FSIA, 28
U.S.C. � 1610(a)(2), (d) are also applicable. With respect to an
action brought against the United States or any United States
Governmental Entity, in the courts of any country, the
U.S. Governmental Entity shall be understood to have voluntarily
agreed to a corresponding waiver of immunity from actions in the
courts of any other sovereign.
14.2.4 With respect to any action or effort brought by an authorized
end-user (as a third-party beneficiary, in accordance with
Subparagraphs 14.3 and 14.10) in the United States to execute a
judgment against a foreign Governmental Entity, by attaching or
executing process against the property of such Governmental Entity,
the waiver by any Governmental Entity as provided in Subparagraphs
14.1 and 14.2 is hereby expressly acknowledged by each such
Governmental Entity to constitute a case in which "the foreign state
has waived its immunity from attachment in aid of execution or from
execution," in accordance with 28 U.S.C. � 1610(a)(1) of the Foreign
Sovereign Immunities Act of 1976 (as amended). Each such Governmental
Entity also specifically agrees and concedes that the "commercial
activity" exceptions to the FSIA, 28 U.S.C. � 1610(a)(2), (d) are
also applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.
14.3 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any Governmental Person who does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), and thereby violates any terms and conditions
of Section 9 (restrictions on modification), or Paragraph 10 (use
restrictions), agrees that the person or entity is subject not only to
an action by the Author, for the enforcement of this License Agreement
and for money damages and injunctive relief (as well as attorneys'
fees, additional and statutory damages, and other remedies as provided
by law), but such Governmental Entity and/or Person also shall be
subject to a suit for money damages and injunctive relief by any
person whose human rights have been violated or infringed, in
violation of this License Agreement, or through the use of any
Software in violation of this License Agreement. Any person who brings
an action under this section against any Governmental Person or Entity
must notify the Author promptly of the action and provide the Author
the opportunity to intervene to assert the Author's own
rights. Damages in such a third-party action shall be measured by the
severity of the human rights violation and the copyright infringement
or License Agreement violation, combined, and not merely by reference
to the copyright infringement. All end-users, to the extent that they
are entitled to bring suit against such Governmental Entity by way of
this License Agreement, are intended third-party beneficiaries of this
License Agreement. Punitive damages may be awarded in such a
third-party action against a Governmental Entity or Governmental
Person, and each and every such Governmental Entity or Person
conclusively waives all restrictions on the amount of punitive
damages, and all defenses to the award of punitive damages to the
extend such limitations or defenses depend upon or are a function of
such person or entity's status as a Governmental Person or
Governmental Entity.
14.4 Any State of the United States, or any subunit or Governmental
Entity thereof, that uses, copies, changes, modifies, displays,
performs, or distributes the Software of any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 -- any
immunity under the Eleventh Amendment of the United States
Constitution or any other immunity doctrine (such as sovereign
immunity or qualified, or other, official immunity) that may apply to
state governments, subunits, or to their Governmental Persons.
14.5 Any Governmental Entity (including, without limitation, any State
of the United States), that uses, copies, changes, modifies, performs,
displays, or distributes the Software or any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 any doctrine
(such as, but not limited to, the holding in the United States Supreme
Court decision of Ex Parte Young) that might purport to limit remedies
solely to prospective injunctive relief. Also explicitly and
irrevocably waived is any underlying immunity doctrine that would
require the recognition of such a limited exception for purposes of
remedies. The remedies against such governmental entities and persons
shall explicitly include money damages, additional damages, statutory
damages, consequential damages, exemplary damages, punitive damages,
costs and fees that might otherwise be barred or limited in amount on
account of governmental status.
14.6 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any of whose Governmental Persons does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), unconditionally and irrevocably waives for
purposes of any legal action (i) to enforce this License Agreement,
(ii) to remedy infringement of the Author's copyright, or (iii) to
invoke any of the third-party beneficiary rights set forth in Section
14.3 any and all reliance on the Act of State doctrine, sovereign
immunity, international comity, or any other doctrine of immunity
whether such doctrine is recognized in that government's own courts,
or in the courts of any other government or nation.
14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this
waiver shall explicitly be understood to constitute a waiver not only
against suit, but also against execution against property, for
purposes of the Foreign Sovereign Immunities Act of 1976 (as
amended). All United States Governmental Entities shall be understood
to have agreed to a corresponding waiver of immunity against (i) suit
in the courts of other sovereigns, and (ii) execution against property
of the United States located within the territory of other countries.
14.7 Governmental Persons, (i) who violate this License Agreement
(whether that person's Governmental Entity contends the person's
action was, or was not, authorized or official), or (ii) who are
personally involved in any activity, policy or practice of a
governmental entity that violates this License Agreement (whether that
person's Governmental Entity contends the person's action was, or was
not, authorized or official), or (iii) that use, copy, change, modify,
perform, display or distribute, the Software or any part thereof, when
their Governmental Entity is not permitted to do so, or is not a
Qualified Licensee, or has violated the terms of this License
Agreement, each and all individually waive and shall not be permitted
to assert any defense of official immunity, "good faith" immunity,
qualified immunity, absolute immunity, or other immunity based on his
or her governmental status.
14.8 No Governmental Entity, nor any Governmental Person thereof may,
by legislative, regulatory, or other action, exempt such Governmental
Entity, subunit, or person, from the terms of this License Agreement,
if the Governmental Entity or any such person has voluntarily used,
modified, copied, displayed, performed, or distributed the Software or
any part thereof.
14.9 Enforcement In Courts of Other Sovereigns Permitted. By using,
modifying, changing, displaying, performing or distributing any
Software covered by this License Agreement, any Governmental Entity
hereby voluntarily and irrevocably consents, for purposes of (i) any
action to enforce the terms of this License Agreement, and (ii) any
action to enforce the Author's copyright (whether such suit be for
injunctive relief, damages, or both) to the jurisdiction of any court
or tribunal in any other country (or a court of competent jurisdiction
of a subunit, province, or state of such country) in which the terms
of this License Agreement are believed by the Author to be
enforceable. Each such Governmental Entity hereby waives all
objections to personal jurisdiction, all objections based on
international comity, all objections based on the doctrine of forum
non conveniens, and all objections based on sovereign or governmental
status or immunity that might otherwise be asserted in the courts of
some other sovereign.
14.9.1 The Waiver by any Governmental Entity of a country other than
the United States shall be understood explicitly to constitute a
waiver for purposes of the Foreign Sovereign Immunities Act of 1976
(see Subparagraphs 14.2.1to 14.2.4, inclusive, supra), and all United
States Governmental Entities shall be understood to have agreed to a
waive correspondingly broad in scope with respect to actions brought
in the courts of other sovereigns.
14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental
Entities that are not United States Governmental Entities shall be
subject to suit, and agree to be subject to suit, in the United States
District Court for the District of Columbia. The Author or an
authorized end-user may bring an action in another court in another
country, but the United States District Court for the District of
Columbia, shall always be available as an agreed-upon forum for such
an action. At the optional election of any Author (or, in the case of
a third-party claim, any end-user asserting rights under Subparagraphs
14.3 and 14.10), such a suit against a non-U.S. Governmental Entity or
Person may be brought in the United States District Court for the
Southern District of New York, or the United States District Court for
the Northern District of California, as a direct substitute for the
United States District Court for the District of Columbia, for all
purposes of this Subparagraph.
14.9.3 Forum Selection U.S. Governmental Entities. All United States
Governmental Entities shall be subject to suit, and agree to be
subject to suit, in the following (non-exclusive) list of fora:
Ottawa, Canada, London, England, and Paris, France. The Author or an
authorized end-user may bring action in another court that can
exercise jurisdiction. But the courts in these three locations shall
always be available (at the option of the Author or an authorized
end-user) as a forum for resolving any dispute with the United States
or a governmental subunit thereof. Except as provided in Subparagraph
14.10, any and all United States Governmental Persons shall be subject
to suit wherever applicable rules of personal jurisdiction and venue
shall permit such suit to be filed, but no such United States
Governmental Person may assert any defense based on forum non
conveniens or international comity, to the selection of any particular
lawful venue.
14.10 Enforcement Of Claims For Human Rights Violations. By using,
copying, modifying, changing, performing, displaying or distributing
the Software covered by this License Agreement, any Governmental
Entity, or Governmental Person hereby voluntarily and irrevocably
consents -- for purposes of any third-party action to remedy human
rights violations and other violations of this License Agreement (as
reflected in Section 14.3) -- to the jurisdiction of any court or
tribunal in any other country (or a court of competent jurisdiction of
a subunit, province, or state of such country) in which the
third-party beneficiary reasonably believes the relevant terms of this
License Agreement are enforceable. The Governmental Entity or Person
hereby waives all objections to personal jurisdiction, all objections
based on international comity, all objections based on the doctrine of
forum non conveniens, and all objections based on sovereign or
governmental status or immunity that might otherwise be asserted in
the courts of some other sovereign.
14.10.1 Waiver of Immunity and Forum Selection. The presumptively
valid and preferred fora identified in Subparagraphs 14.9.2 and 14.9.3
shall also apply for purposes of Subparagraph 14.10. All Governmental
Entities are subject to the same Waiver of Immunity as set forth in
Subparagraphs 14.2.1 to 14.2.4, inclusive.
15. Subsequent Versions of HESSLA. Hacktivismo may publish revised
and/or new versions of the Hacktivismo Enhanced-Source Software
License Agreement from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address
new problems or concerns.
Each version is given a distinguishing version number. Any Program
released by Hacktivismo under a version of this License Agreement
prior to Version 1.0, shall be considered released under Version 1.0
of the Hacktivismo Enhanced-Source Software License Agreement, once
Version 1.0 is formally released. Prior to Version 1.0, any Software
released by Hacktivismo or a Licensee of Hacktivismo under a
lower-numbered version of the HESSLA shall be considered automatically
to be subject to a higher-number version of the HESSLA, whenever a
later-numbered version has been released.
Concerning the work of any other Author, if the Program specifies a
version number of this License Agreement which applies to it and "any
later version," You have the option of following the terms and
conditions either of that version or of any later version published by
Hacktivismo. If the Program does not specify a version number of this
License Agreement, You may choose any version after 1.0, once version
1.0 is published by Hacktivismo, and prior to publication of version
1.0, You may choose any version of the Hacktivismo Software License
Agreement then published by Hacktivismo. If the Program released by
another Author, specifies only a version number, then that version
number only shall apply. If "the latest version," is specified, then
the latest version of the HESSLA published on the Hacktivismo Website
shall always apply at all times.
16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH ALL
FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL
WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL THE AUTHOR BE LIABLE TO ANY PERSON FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE
SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION, BUT SHALL EXCLUDE SUCH LIABILITY TO THE
EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED
UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN
ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR
UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE
FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS,
OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF
CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS
SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY
PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL
RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY DOES NOT
INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS
GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S
CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR
ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER
OR ANY CERTIFICATION AUTHORITY.
18. Saving Clause. If any portion of this License Agreement is held
invalid or unenforceable under any particular circumstance, the
balance of the License Agreement is intended to apply and the License
Agreement as a whole is intended to apply in other circumstances.
END OF TERMS AND CONDITIONS
Hugging Face Optimized Inference License 1.0 (HFOILv1.0)
This License Agreement governs the use of the Software and its Modifications. It is a
binding agreement between the Licensor and You.
This License Agreement shall be referred to as Hugging Face Optimized Inference License
1.0 or HFOILv1.0. We may publish revised versions of this License Agreement from time to
time. Each version will be given a distinguished number.
By downloading, accessing, modifying, distributing or otherwise using the Software, You
consent to all of the terms and conditions below. So, if You do not agree with those,
please do not download, access, modify, distribute, or use the Software.
1. PERMISSIONS
You may use, modify and distribute the Software pursuant to the following terms and
conditions:
Copyright License. Subject to the terms and conditions of this License Agreement and where
and as applicable, each Contributor hereby grants You a perpetual, worldwide,
non-exclusive, royalty-free, copyright license to reproduce, prepare, publicly display,
publicly perform, sublicense under the terms herein, and distribute the Software and
Modifications of the Software.
Patent License. Subject to the terms and conditions of this License Agreement and where
and as applicable, each Contributor hereby grants You a perpetual, worldwide,
non-exclusive, royalty-free patent license to make, have made, Use, offer to sell, sell,
import, and otherwise transfer the Software, where such license applies only to those
patent claims licensable by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s) with the Software to
which such Contribution(s) was submitted. If You institute patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Software
or a Contribution incorporated within the Software constitutes direct or contributory
patent infringement, then any rights granted to You under this License Agreement for the
Software shall terminate as of the date such litigation is filed.
No other rights. All rights not expressly granted herein are retained.
2. RESTRICTIONS
You may not distribute the Software as a hosted or managed, and paid service, where the
service grants users access to any substantial set of the features or functionality of the
Software. If you wish to do so, You will need to be granted additional rights from the
Licensor which will be subject to a separate mutually agreed agreement.
You may not sublicense the Software under any other terms than those listed in this
License.
3. OBLIGATIONS
When You modify the Software, You agree to: - attach a notice stating the Modifications of
the Software You made; and - attach a notice stating that the Modifications of the
Software are released under this License Agreement.
When You distribute the Software or Modifications of the Software, You agree to: - give
any recipients of the Software a copy of this License Agreement; - retain all Explanatory
Documentation; and if sharing the Modifications of the Software, add Explanatory
Documentation documenting the changes made to create the Modifications of the Software; -
retain all copyright, patent, trademark and attribution notices.
4. MISCELLANEOUS
Termination. Licensor reserves the right to restrict Use of the Software in violation of
this License Agreement, upon which Your licenses will automatically terminate.
Contributions. Unless You explicitly state otherwise, any Contribution intentionally
submitted for inclusion in the Software by You to the Licensor shall be under the terms
and conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the terms of any
separate license agreement you may have executed with Licensor regarding such
Contributions.
Trademarks and related. Nothing in this License Agreement permits You (i) to make Use of
Licensors’ trademarks, trade names, or logos, (ii) otherwise suggest endorsement by
Licensor, or (iii) misrepresent the relationship between the parties; and any rights not
expressly granted herein are reserved by the Licensors.
Output You generate. Licensor claims no rights in the Output. You agree not to contravene
any provision as stated in the License Agreement with your Use of the Output.
Disclaimer of Warranty. Except as expressly provided otherwise herein, and to the fullest
extent permitted by law, Licensor provides the Software (and each Contributor provides its
Contributions) AS IS, and Licensor disclaims all warranties or guarantees of any kind,
express or implied, whether arising under any law or from any usage in trade, or otherwise
including but not limited to the implied warranties of merchantability, non-infringement,
quiet enjoyment, fitness for a particular purpose, or otherwise. You are solely
responsible for determining the appropriateness of the Software and Modifications of the
Software for your purposes (including your use or distribution of the Software and
Modifications of the Software), and assume any risks associated with Your exercise of
permissions under this License Agreement.
Limitation of Liability. In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law (such as deliberate
and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to
You for damages, including any direct, indirect, special, incidental, or consequential
damages of any character arising as a result of this License Agreement or out of the Use
or inability to Use the Software (including but not limited to damages for loss of
goodwill, work stoppage, computer failure or malfunction, model failure or malfunction, or
any and all other commercial damages or losses), even if such Contributor has been advised
of the possibility of such damages.
Accepting Warranty or Additional Liability. While sharing the Software or Modifications of
the Software thereof, You may choose to offer and charge a fee for, acceptance of support,
warranty, indemnity, or other liability obligations and/or rights consistent with this
License Agreement. However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on behalf of Licensor or any other
Contributor, and you hereby agree to indemnify, defend, and hold Licensor and each other
Contributor (and their successors or assigns) harmless for any liability incurred by, or
claims asserted against, such Licensor or Contributor (and their successors or assigns) by
reason of your accepting any such warranty or additional liability.
Severability. This License Agreement is a license of copyright and patent rights and an
agreement in contract between You and the Licensor. If any provision of this License
Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall
be unaffected thereby and remain valid as if such provision had not been set forth herein.
5. DEFINITIONS
“Contribution” refers to any work of authorship, including the original version of the
Software and any Modifications of the Software that is intentionally submitted to Licensor
for inclusion in the Software by the copyright owner or by an individual or entity
authorized to submit on behalf of the copyright owner. For the purposes of this
definition, “submitted” means any form of electronic, verbal, or written communication
sent to the Licensor or its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, and issue tracking systems that are
managed by, or on behalf of, the Licensor for the purpose of discussing and improving the
Software, but excluding communication that is conspicuously marked or otherwise designated
in writing by the copyright owner as “Not a Contribution.”
“Contributor” refers to Licensor and any individual or entity on behalf of whom a
Contribution has been received by Licensor and subsequently incorporated within the
Software.
“Data” refers to a collection of information extracted from the dataset used with the
Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not
licensed under this License Agreement.
“Explanatory Documentation” refers to any documentation or related information including
but not limited to model cards or data cards dedicated to inform the public about the
characteristics of the Software. Explanatory documentation is not licensed under this
License.
"License Agreement" refers to these terms and conditions.
“Licensor” refers to the rights owners or entity authorized by the rights owners that are
granting the terms and conditions of this License Agreement.
“Model” refers to machine-learning based assemblies (including checkpoints), consisting of
learnt weights and parameters (including optimizer states), corresponding to a model
architecture as embodied in Software source code. Source code is not licensed under this
License Agreement.
“Modifications of the Software” refers to all changes to the Software, including without
limitation derivative works of the Software.
“Output” refers to the results of operating the Software.
“Share” refers to any transmission, reproduction, publication or other sharing of the
Software or Modifications of the Software to a third party, including providing the
Softwaire as a hosted service made available by electronic or other remote means,
including - but not limited to - API-based or web access.
“Software” refers to the software and Model (or parts of either) that Licensor makes
available under this License Agreement.
“Third Parties” refers to individuals or legal entities that are not under common control
with Licensor or You.
“Use” refers to anything You or your representatives do with the Software, including but
not limited to generating any Output, fine tuning, updating, running, training, evaluating
and/or reparametrizing the Model.
"You" (or "Your") refers to an individual or Legal Entity exercising permissions granted
by this License Agreement and/or making Use of the Software for whichever purpose and in
any field of Use.
This software may be used by anyone for any reason so long as the copyright
notice in the source files remains intact.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
* The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
* The software may not be used by individuals, corporations, governments, or other groups for systems or activities that actively and knowingly endanger, harm, or otherwise threaten the physical, mental, economic, or general well-being of underprivileged individuals or groups.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
This license is derived from the MIT License, as amended to limit the impact of the unethical use of open source software.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
The software may not be used by individuals, corporations, governments, or other groups for systems or activities that actively and knowingly endanger, harm, or otherwise threaten the physical, mental, economic, or general well-being of other individuals or groups in violation of the United Nations Universal Declaration of Human Rights.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
This license is derived from the MIT License, as amended to limit the impact of the unethical use of open source software.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
* The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
* No Harm: The software may not be used by anyone for systems or activities that actively and knowingly endanger, harm, or otherwise threaten the physical, mental, economic, or general well-being of other individuals or groups, in violation of the United Nations Universal Declaration of Human Rights (https://www.un.org/en/universal-declaration-human-rights/).
* Services: If the Software is used to provide a service to others, the licensee shall, as a condition of use, require those others not to use the service in any way that violates the No Harm clause above.
* Enforceability: If any portion or provision of this License shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this License, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
This Hippocratic License is an Ethical Source license (https://ethicalsource.dev) derived from the MIT License, amended to limit the impact of the unethical use of open source software.
Hippocratic License Version 2.0.
Licensor hereby grants permission by this license ("License"), free of charge, to any person or entity (the "Licensee") obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
* The above copyright notice and this License or a subsequent version published on the Hippocratic License Website (https://firstdonoharm.dev/) shall be included in all copies or substantial portions of the Software. Licensee has the option of following the terms and conditions either of the above numbered version of this License or of any subsequent version published on the Hippocratic License Website.
* Compliance with Human Rights Laws and Human Rights Principles:
1. Human Rights Laws. The Software shall not be used by any person or entity for any systems, activities, or other uses that violate any applicable laws, regulations, or rules that protect human, civil, labor, privacy, political, environmental, security, economic, due process, or similar rights (the "Human Rights Laws"). Where the Human Rights Laws of more than one jurisdiction are applicable to the use of the Software, the Human Rights Laws that are most protective of the individuals or groups harmed shall apply.
2. Human Rights Principles. Licensee is advised to consult the articles of the United Nations Universal Declaration of Human Rights (https://www.un.org/en/universal-declaration-human-rights/) and the United Nations Global Compact (https://www.unglobalcompact.org/what-is-gc/mission/principles) that define recognized principles of international human rights (the "Human Rights Principles"). It is Licensor's express intent that all use of the Software be consistent with Human Rights Principles. If Licensor receives notification or otherwise learns of an alleged violation of any Human Rights Principles relating to Licensee's use of the Software, Licensor may in its discretion and without obligation (i) (a) notify Licensee of such allegation and (b) allow Licensee 90 days from notification under (i)(a) to investigate and respond to Licensor regarding the allegation and (ii) (a) after the earlier of 90 days from notification under (i)(a), or Licensee's response under (i)(b), notify Licensee of License termination and (b) allow Licensee an additional 90 days from notification under (ii)(a) to cease use of the Software.
3. Indemnity. Licensee shall hold harmless and indemnify Licensor against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including Licensor's reasonable attorneys' fees, arising out of or relating to Licensee's non-compliance with this License or use of the Software in violation of Human Rights Laws or Human Rights Principles.
* Enforceability: If any portion or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, to the extent permitted by applicable law, the court may modify this License to affect the original intent of the parties as closely as possible. The section headings are for convenience only and are not intended to affect the construction or interpretation of this License. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this License. The language in this License shall be interpreted as to its fair meaning and not strictly for or against any party.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
This Hippocratic License is an Ethical Source license (https://ethicalsource.dev).
Hippocratic License Version Number: 2.1.
Purpose. The purpose of this License is for the Licensor named above to permit the Licensee (as defined below) broad permission, if consistent with Human Rights Laws and Human Rights Principles (as each is defined below), to use and work with the Software (as defined below) within the full scope of Licensor’s copyright and patent rights, if any, in the Software, while ensuring attribution and protecting the Licensor from liability.
Permission and Conditions. The Licensor grants permission by this license (“License”), free of charge, to the extent of Licensor’s rights under applicable copyright and patent law, to any person or entity (the “Licensee”) obtaining a copy of this software and associated documentation files (the “Software”), to do everything with the Software that would otherwise infringe (i) the Licensor’s copyright in the Software or (ii) any patent claims to the Software that the Licensor can license or becomes able to license, subject to all of the following terms and conditions:
* Acceptance. This License is automatically offered to every person and entity subject to its terms and conditions. Licensee accepts this License and agrees to its terms and conditions by taking any action with the Software that, absent this License, would infringe any intellectual property right held by Licensor.
* Notice. Licensee must ensure that everyone who gets a copy of any part of this Software from Licensee, with or without changes, also receives the License and the above copyright notice (and if included by the Licensor, patent, trademark and attribution notice). Licensee must cause any modified versions of the Software to carry prominent notices stating that Licensee changed the Software. For clarity, although Licensee is free to create modifications of the Software and distribute only the modified portion created by Licensee with additional or different terms, the portion of the Software not modified must be distributed pursuant to this License. If anyone notifies Licensee in writing that Licensee has not complied with this Notice section, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) shall end immediately.
* Compliance with Human Rights Principles and Human Rights Laws.
1. Human Rights Principles.
(a) Licensee is advised to consult the articles of the United Nations Universal Declaration of Human Rights and the United Nations Global Compact that define recognized principles of international human rights (the “Human Rights Principles”). Licensee shall use the Software in a manner consistent with Human Rights Principles.
(b) Unless the Licensor and Licensee agree otherwise, any dispute, controversy, or claim arising out of or relating to (i) Section 1(a) regarding Human Rights Principles, including the breach of Section 1(a), termination of this License for breach of the Human Rights Principles, or invalidity of Section 1(a) or (ii) a determination of whether any Law is consistent or in conflict with Human Rights Principles pursuant to Section 2, below, shall be settled by arbitration in accordance with the Hague Rules on Business and Human Rights Arbitration (the “Rules”); provided, however, that Licensee may elect not to participate in such arbitration, in which event this License (and all rights licensed hereunder) shall end immediately. The number of arbitrators shall be one unless the Rules require otherwise.
Unless both the Licensor and Licensee agree to the contrary: (1) All documents and information concerning the arbitration shall be public and may be disclosed by any party; (2) The repository referred to under Article 43 of the Rules shall make available to the public in a timely manner all documents concerning the arbitration which are communicated to it, including all submissions of the parties, all evidence admitted into the record of the proceedings, all transcripts or other recordings of hearings and all orders, decisions and awards of the arbitral tribunal, subject only to the arbitral tribunal's powers to take such measures as may be necessary to safeguard the integrity of the arbitral process pursuant to Articles 18, 33, 41 and 42 of the Rules; and (3) Article 26(6) of the Rules shall not apply.
2. Human Rights Laws. The Software shall not be used by any person or entity for any systems, activities, or other uses that violate any Human Rights Laws. “Human Rights Laws” means any applicable laws, regulations, or rules (collectively, “Laws”) that protect human, civil, labor, privacy, political, environmental, security, economic, due process, or similar rights; provided, however, that such Laws are consistent and not in conflict with Human Rights Principles (a dispute over the consistency or a conflict between Laws and Human Rights Principles shall be determined by arbitration as stated above). Where the Human Rights Laws of more than one jurisdiction are applicable or in conflict with respect to the use of the Software, the Human Rights Laws that are most protective of the individuals or groups harmed shall apply.
3. Indemnity. Licensee shall hold harmless and indemnify Licensor (and any other contributor) against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including Licensor’s reasonable attorneys’ fees, arising out of or relating to Licensee’s use of the Software in violation of Human Rights Laws or Human Rights Principles.
* Failure to Comply. Any failure of Licensee to act according to the terms and conditions of this License is both a breach of the License and an infringement of the intellectual property rights of the Licensor (subject to exceptions under Laws, e.g., fair use). In the event of a breach or infringement, the terms and conditions of this License may be enforced by Licensor under the Laws of any jurisdiction to which Licensee is subject. Licensee also agrees that the Licensor may enforce the terms and conditions of this License against Licensee through specific performance (or similar remedy under Laws) to the extent permitted by Laws. For clarity, except in the event of a breach of this License, infringement, or as otherwise stated in this License, Licensor may not terminate this License with Licensee.
* Enforceability and Interpretation. If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction; provided, however, subject to a court modification pursuant to the immediately following sentence, if any term or provision of this License pertaining to Human Rights Laws or Human Rights Principles is deemed invalid, illegal, or unenforceable against Licensee by a court of competent jurisdiction, all rights in the Software granted to Licensee shall be deemed null and void as between Licensor and Licensee. Upon a determination that any term or provision is invalid, illegal, or unenforceable, to the extent permitted by Laws, the court may modify this License to affect the original purpose that the Software be used in compliance with Human Rights Principles and Human Rights Laws as closely as possible. The language in this License shall be interpreted as to its fair meaning and not strictly for or against any party.
* Disclaimer. TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND ANY OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
This Hippocratic License is an Ethical Source license (https://ethicalsource.dev) and is offered for use by licensors and licensees at their own risk, on an “AS IS” basis, and with no warranties express or implied, to the maximum extent permitted by Laws.
HIPPOCRATIC LICENSE
Version 3.0, October 2021
*\Hyperlink*
TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION:
* DEFINITIONS:
This section defines certain terms used throughout this license agreement.
1.1. "License” means the terms and conditions, as stated herein, for use, copy, modification, preparation of derivative work, reproduction, and distribution of Software (as defined below).
1.2. "Licensor” means the copyright and/or patent owner or entity authorized by the copyright and/or patent owner that is granting the License.
1.3. "Licensee” means the individual or entity exercising permissions granted by this License, including the use, copy, modification, preparation of derivative work, reproduction, and distribution of Software (as defined below).
1.4. "Software” means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License.
1.5. "Supply Chain” means the sequence of processes involved in the production and/or distribution of a commodity, good, or service offered by the Licensee.
1.6. "Supply Chain Impacted Party” or "Supply Chain Impacted Parties” means any person(s) directly impacted by any of Licensee’s Supply Chain, including the practices of all persons or entities within the Supply Chain prior to a good or service reaching the Licensee.
1.7. "Duty of Care” is defined by its use in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, including without limitation, a requirement to act with the watchfulness, attention, caution, and prudence that a reasonable person in the same or similar circumstances would use towards any Supply Chain Impacted Party.
1.8. "Worker” is defined to include any and all permanent, temporary, and agency workers, as well as piece-rate, salaried, hourly paid, legal young (minors), part-time, night, and migrant workers.
* INTELLECTUAL PROPERTY GRANTS:
This section identifies intellectual property rights granted to a Licensee.
2.1. Grant of Copyright License: Subject to the terms and conditions of this License, Licensor hereby grants to Licensee a worldwide, non-exclusive, no-charge, royalty-free copyright license to use, copy, modify, prepare derivative work, reproduce, or distribute the Software, Licensor authored modified software, or other work derived from the Software.
2.2 Grant of Patent License: Subject to the terms and conditions of this License, Licensor hereby grants Licensee a worldwide, non-exclusive, no-charge, royalty-free patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer Software.
* ETHICAL STANDARDS:
This section lists conditions the Licensee must comply with in order to have rights under this License.
The rights granted to the Licensee by this License are expressly made subject to the Licensee’s ongoing compliance with the following conditions:
3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents or assigns:
3.1.1. Infringe upon any person's right to life or security of person, engage in extrajudicial killings, or commit murder, without lawful cause
(See Article 3, *United Nations Universal Declaration of Human Rights*; Article 6, *International Covenant on Civil and Political Rights*)
3.1.2. Hold any person in slavery, servitude, or forced labor
(See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*);
3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor
(See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*);
3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment
(See Article 5, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Civil and Political Rights*);
3.1.5. Discriminate on the basis of sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances
(See Article 7, *United Nations Universal Declaration of Human Rights*; Article 2, *International Covenant on Economic, Social and Cultural Rights*; Article 26, *International Covenant on Civil and Political Rights*);
3.1.6. Prevent any person from exercising his/her/their right to seek an effective remedy by a competent court or national tribunal (including domestic judicial systems, international courts, arbitration bodies, and other adjudicating bodies) for actions violating the fundamental rights granted to him/her/them by applicable constitutions, applicable laws, or by this License
(See Article 8, *United Nations Universal Declaration of Human Rights*; Articles 9 and 14, *International Covenant on Civil and Political Rights*);
3.1.7. Subject any person to arbitrary arrest, detention, or exile
(See Article 9, *United Nations Universal Declaration of Human Rights*; Article 9, *International Covenant on Civil and Political Rights*);
3.1.8. Subject any person to arbitrary interference with a person's privacy, family, home, or correspondence without the express written consent of the person
(See Article 12, *United Nations Universal Declaration of Human Rights*; Article 17, *International Covenant on Civil and Political Rights*);
3.1.9. Arbitrarily deprive any person of his/her/their property
(See Article 17, *United Nations Universal Declaration of Human Rights*);
3.1.10. Forcibly remove indigenous peoples from their lands or territories or take any action with the aim or effect of dispossessing indigenous peoples from their lands, territories, or resources, including without limitation the intellectual property or traditional knowledge of indigenous peoples, without the free, prior, and informed consent of indigenous peoples concerned
(See Articles 8 and 10, *United Nations Declaration on the Rights of Indigenous Peoples*);
3.1.11. (Module -- Carbon Underground 200) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, on the FFI Solutions Carbon Underground 200 list;
3.1.12. (Module -- Ecocide) Commit ecocide:
3.1.12.1 For the purpose of this section, "ecocide" means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts;
3.1.12.2 For the purpose of further defining ecocide and the terms contained in the previous paragraph:
3.1.12.2.1. "Wanton" means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
3.1.12.2.2. "Severe" means damage which involves very serious adverse changes, disruption, or harm to any element of the environment, including grave impacts on human life or natural, cultural, or economic resources;
3.1.12.2.3. "Widespread" means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
3.1.12.2.4. "Long-term" means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; and
3.1.12.2.5. "Environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space
(See Section II, *Independent Expert Panel for the Legal Definition of Ecocide*, Stop Ecocide Foundation and the Promise Institute for Human Rights at UCLA School of Law, June 2021);
3.1.13. (Module -- Extractive Industries) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that engages in fossil fuel or mineral exploration, extraction, development, or sale;
3.1.14. (Module -- BDS) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, identified by the Boycott, Divestment, Sanctions ("BDS") movement on its website ([https://bdsmovement.net/](https://bdsmovement.net/) and [https://bdsmovement.net/get-involved/what-to-boycott](https://bdsmovement.net/get-involved/what-to-boycott)) as a target for boycott;
3.1.15. (Module -- Taliban) Be an individual or entity that:
3.1.15.1. engages in any commercial transactions with the Taliban; or
3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban;
3.1.16. (Module -- Myanmar) Be an individual or entity that:
3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or
3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government;
3.1.17. (Module -- Xinjiang Uygur Autonomous Region) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of any individual or entity, that does business in, purchases goods from, or otherwise benefits from goods produced in the Xinjiang Uygur Autonomous Region of China;
3.1.18. (Module -- U.S. Tariff Act) Be an individual or entity:
3.1.18.1. which U.S. Customs and Border Protection (CBP) has currently issued a Withhold Release Order (WRO) or finding against based on reasonable suspicion of forced labor; or
3.1.18.2. that is a representative, agent, affiliate, successor, attorney, or assign of an individual or entity that does business with an individual or entity which currently has a WRO or finding from CBP issued against it based on reasonable suspicion of forced labor;
3.1.19. (Module -- Mass Surveillance) Be a government agency or multinational corporation, or a representative, agent, affiliate, successor, attorney, or assign of a government or multinational corporation, which participates in mass surveillance programs;
3.1.20. (Module -- Military Activities) Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities;
3.1.21. (Module -- Law Enforcement) Be an individual or entity, or a or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that provides good or services to, or otherwise enters into any commercial contracts with, any local, state, or federal law enforcement agency;
3.1.22. (Module -- Media) Be an individual or entity, or a or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that broadcasts messages promoting killing, torture, or other forms of extreme violence;
3.1.23. Interfere with Workers' free exercise of the right to organize and associate
(See Article 20, United Nations Universal Declaration of Human Rights; C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), International Labour Organization; Article 8, International Covenant on Economic, Social and Cultural Rights); and
3.1.24. Harm the environment in a manner inconsistent with local, state, national, or international law.
3.2. The Licensee SHALL:
3.2.1. (Module -- Social Auditing) Only use social auditing mechanisms that adhere to Worker-Driven Social Responsibility Network's Statement of Principles (https://wsr-network.org/what-is-wsr/statement-of-principles/) over traditional social auditing mechanisms, to the extent the Licensee uses any social auditing mechanisms at all;
3.2.2. (Module -- Workers on Board of Directors) Ensure that if the Licensee has a Board of Directors, 30% of Licensee's board seats are held by Workers paid no more than 200% of the compensation of the lowest paid Worker of the Licensee;
3.2.3. (Module -- Supply Chain Transparency) Provide clear, accessible supply chain data to the public in accordance with the following conditions:
3.2.3.1. All data will be on Licensee's website and/or, to the extent Licensee is a representative, agent, affiliate, successor, attorney, subsidiary, or assign, on Licensee's principal's or parent's website or some other online platform accessible to the public via an internet search on a common internet search engine; and
3.2.3.2. Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms;
3.2.4. Provide equal pay for equal work where the performance of such work requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to:
3.2.4.1. A seniority system;
3.2.4.2. A merit system;
3.2.4.3. A system which measures earnings by quantity or quality of production; or
3.2.4.4. A differential based on any other factor other than sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances
(See 29 U.S.C.A. � 206(d)(1); Article 23, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Economic, Social and Cultural Rights*; Article 26, *International Covenant on Civil and Political Rights*); and
3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay
(See Article 24, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Economic, Social and Cultural Rights*).
* SUPPLY CHAIN IMPACTED PARTIES:
This section identifies additional individuals or entities that a Licensee could harm as a result of violating the Ethical Standards section, the condition that the Licensee must voluntarily accept a Duty of Care for those individuals or entities, and the right to a private right of action that those individuals or entities possess as a result of violations of the Ethical Standards section.
4.1. In addition to the above Ethical Standards, Licensee voluntarily accepts a Duty of Care for Supply Chain Impacted Parties of this License, including individuals and communities impacted by violations of the Ethical Standards. The Duty of Care is breached when a provision within the Ethical Standards section is violated by a Licensee, one of its successors or assigns, or by an individual or entity that exists within the Supply Chain prior to a good or service reaching the Licensee.
4.2. Breaches of the Duty of Care, as stated within this section, shall create a private right of action, allowing any Supply Chain Impacted Party harmed by the Licensee to take legal action against the Licensee in accordance with applicable negligence laws, whether they be in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, regardless if Licensee is directly responsible for the harms suffered by a Supply Chain Impacted Party. Nothing in this section shall be interpreted to include acts committed by individuals outside of the scope of his/her/their employment.
* NOTICE:
This section explains when a Licensee must notify others of the License.
5.1. Distribution of Notice: Licensee must ensure that everyone who receives a copy of or uses any part of Software from Licensee, with or without changes, also receives the License and the copyright notice included with Software (and if included by the Licensor, patent, trademark, and attribution notice). Licensee must ensure that License is prominently displayed so that any individual or entity seeking to download, copy, use, or otherwise receive any part of Software from Licensee is notified of this License and its terms and conditions. Licensee must cause any modified versions of the Software to carry prominent notices stating that Licensee changed the Software.
5.2. Modified Software: Licensee is free to create modifications of the Software and distribute only the modified portion created by Licensee, however, any derivative work stemming from the Software or its code must be distributed pursuant to this License, including this Notice provision.
5.3. Recipients as Licensees: Any individual or entity that uses, copies, modifies, reproduces, distributes, or prepares derivative work based upon the Software, all or part of the Software’s code, or a derivative work developed by using the Software, including a portion of its code, is a Licensee as defined above and is subject to the terms and conditions of this License.
* REPRESENTATIONS AND WARRANTIES:
6.1. Disclaimer of Warranty: TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES "AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY LEGAL CLAIM.
6.2. Limitation of Liability: LICENSEE SHALL HOLD LICENSOR HARMLESS AGAINST ANY AND ALL CLAIMS, DEBTS, DUES, LIABILITIES, LIENS, CAUSES OF ACTION, DEMANDS, OBLIGATIONS, DISPUTES, DAMAGES, LOSSES, EXPENSES, ATTORNEYS’ FEES, COSTS, LIABILITIES, AND ALL OTHER CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, FORESEEN OR UNFORESEEN, ACCRUED OR UNACCRUED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO LICENSEE’S USE OF THE SOFTWARE. NOTHING IN THIS SECTION SHOULD BE INTERPRETED TO REQUIRE LICENSEE TO INDEMNIFY LICENSOR, NOR REQUIRE LICENSOR TO INDEMNIFY LICENSEE.
* TERMINATION
7.1. Violations of Ethical Standards or Breaching Duty of Care: If Licensee violates the Ethical Standards section or Licensee, or any other person or entity within the Supply Chain prior to a good or service reaching the Licensee, breaches its Duty of Care to Supply Chain Impacted Parties, Licensee must remedy the violation or harm caused by Licensee within 30 days of being notified of the violation or harm. If Licensee fails to remedy the violation or harm within 30 days, all rights in the Software granted to Licensee by License will be null and void as between Licensor and Licensee.
7.2. Failure of Notice: If any person or entity notifies Licensee in writing that Licensee has not complied with the Notice section of this License, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice of noncompliance. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) will end immediately.
7.3. Judicial Findings: In the event Licensee is found by a civil, criminal, administrative, or other court of competent jurisdiction, or some other adjudicating body with legal authority, to have committed actions which are in violation of the Ethical Standards or Supply Chain Impacted Party sections of this License, all rights granted to Licensee by this License will terminate immediately.
7.4. Patent Litigation: If Licensee institutes patent litigation against any entity (including a cross-claim or counterclaim in a suit) alleging that the Software, all or part of the Software’s code, or a derivative work developed using the Software, including a portion of its code, constitutes direct or contributory patent infringement, then any patent license, along with all other rights, granted to Licensee under this License will terminate as of the date such litigation is filed.
7.5. Additional Remedies: Termination of the License by failing to remedy harms in no way prevents Licensor or Supply Chain Impacted Party from seeking appropriate remedies at law or in equity.
* MISCELLANEOUS:
8.1. Conditions: Sections 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, and 7.4 are conditions of the rights granted to Licensee in the License.
8.2. Equitable Relief: Licensor and any Supply Chain Impacted Party shall be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.
8.3. (Module – Copyleft) Copyleft: Modified software, source code, or other derivative work must be licensed, in its entirety, under the exact same conditions as this License.
8.4. Severability: If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, any such determination of invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction. If the determination of invalidity, illegality, or unenforceability by a court of competent jurisdiction pertains to the terms or provisions contained in the Ethical Standards section of this License, all rights in the Software granted to Licensee shall be deemed null and void as between Licensor and Licensee.
8.5. Section Titles: Section titles are solely written for organizational purposes and should not be used to interpret the language within each section.
8.6. Citations: Citations are solely written to provide context for the source of the provisions in the Ethical Standards.
8.7. Section Summaries: Some sections have a brief italicized description which is provided for the sole purpose of briefly describing the section and should not be used to interpret the terms of the License.
8.8. Entire License: This is the entire License between the Licensor and Licensee with respect to the claims released herein and that the consideration stated herein is the only consideration or compensation to be paid or exchanged between them for this License. This License cannot be modified or amended except in a writing signed by Licensor and Licensee.
8.9. Successors and Assigns: This License shall be binding upon and inure to the benefit of the Licensor’s and Licensee’s respective heirs, successors, and assigns.
Permission is hereby granted for unlimited modification, use, and
distribution. This software is made available with no warranty of any
kind, express or implied. This copyright notice must remain intact in
all versions of this software.
The author would appreciate it if any bug fixes and enhancements were
to be sent back to him for incorporation into future versions of this
software.
Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that the
above copyright notice appears in all copies, and that both that the copyright
notice and this permission notice appear in supporting documentation , and that
the name of copyright holder or related entities not be used in advertising
or publicity pertaining to distribution of the software without specific,
written prior permission.
copyright holder makes no representations about the suitability of this software
for any purpose. It is provided "as is" without express or implied warranty.
copyright holder DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
IN NO EVENT SHALL copyright holder BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies, and
that both that copyright notice and this permission notice
appear in supporting documentation, and that the name of copyright
holder or related entities not be used in advertising or publicity
pertaining to distribution of the software without specific, written
prior permission. Copyright holder makes no representations about
the suitability of this software for any purpose. It is provided "as is"
without express or implied warranty.
Copyright holder DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS. IN NO EVENT SHALL copyright holder BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Redistribution and use in source and binary forms of the software as well
as documentation, with or without modification, are permitted provided
that the following conditions are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* The names of the contributors may not be used to endorse or
promote products derived from this software without specific
prior written permission.
* If you meet the authors of this software in person and you want to
pay them a beer, you're encouraged to do so. Please, do. If you have
homebrewed or a craft beer, it might be even better.
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE AND DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
All rights reserved by the last person to commit a change to this
repository, except for the right to commit changes to this repository,
which is hereby granted to all of earth's citizens for the purpose of
committing changes to this repository.
# Free Software Licensing Information for Houdini Project.
The primary license of the Houdini Project is:
AGPL-3.0-or-later WITH WTO-AP-3.0-or-later
This software's license gives you freedom; you can copy, convey,
propagate, redistribute and/or modify this program under the terms of
the GNU Affero General Public License (AGPL) as published by the Free
Software Foundation (FSF), either version 3 of the License, or (at your
option) any later version of the AGPL published by the FSF.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero
General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program in a file in the toplevel directory called
"AGPL-3.0.txt". If not, see <http://www.gnu.org/licenses/>.
In addition to the permission granted by the AGPLv3, you also receive
permissions as written in The Web Template Output Additional Permission,
Version 3.0, as published by the Software Freedom Conservancy
("Conservancy"), either version 3 of that Additional Permission, or (at your
option) any later version of the Additional Permission as published by
Conservancy.
You should have received a copy of the Web Template Output Additional
Permission, along with this program in a file in the toplevel directory
called "Web-Template-Output-Additional-Permission.txt". If not, see
<https://k.sfconservancy.org/license-additional-permissions/>.
## Different Licenses for some files in Houdini Repository.
1. Any file in the Houdini repository that does not specific a license, or is
not discussed explicitly in this toplevel "LICENSE" file is licensed:
AGPL-3.0-or-later WITH WTO-AP-3.0-or-later
as specified in detail above.
2. Files that contain the information "License: LGPL-3.0-or-later" are
licensed as below:
You can copy, convey, propagate, redistribute and/or modify this program
under the terms of the GNU General Public License (GPL) as published by
the Free Software Foundation (FSF), either version 3 of the License, or
(at your option) any later version of the GPL published by the FSF.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY
or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public
License for more details.
You should have received a copy of the GNU General Public License along
with this program in a file in the toplevel directory called
"GPL-3.0.txt". If not, see <http://www.gnu.org/licenses/>.
In addition to the permission granted by the GPLv3, you also receive
permissions as written in GNU Lesser General Public License (LGPL),
Version 3.0, as published by the Free Software Foundation (FSF), either
version 3 of the License, or (at your option) any later version of the
LGPL published by the FSF.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY
or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License
for more details.
You should have received a copy of the GNU Lesser General Public License
along with this program in a file in the toplevel directory called
"LGPL-3.0.txt". If not, see <http://www.gnu.org/licenses/>.
3. Files that contain the information "License: CC0-1.0" are licensed under
the Creative Commons Public Domain Dedication 1.0 Universal or any later
version as published by Creative Commons, Inc. ("CC0").
4. All SVG, ICO and PNG files in this repository are licensed as CC-0.
This applies to any files that are both (a) in the standard SVG, ICO,
and/or PNG format, and (b) where their names end in .svg or .ico.
The project may in future place later versions of these files under a
copyleft license, but will discuss that with the contributor community
before doing so.
To anyone who acknowledges that this file is provided "AS IS"
without any express or implied warranty permission to use, copy,
modify, and distribute this file for any purpose is hereby granted
without fee, provided that the above copyright notice and this notice
appears in all copies, and that the name of Hewlett-Packard Company
not be used in advertising or publicity pertaining to distribution
of the software without specific, written prior permission. Hewlett-Packard
Company makes no representations about the suitability of this software for any purpose.
Hewlett Packard Enterprise Support Center
HPE End User License Agreement
Applicability. This end user license agreement (the "Agreement") governs the use of accompanying software, unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its subsidiaries ("HPE"). By downloading, copying, or using the software you agree to this Agreement. HPE provides translations of this Agreement in certain languages other than English, which may be found at: http://www.hpe.com/software/SWLicensing.
Terms. This Agreement includes supporting material accompanying the software or referenced by HPE, which may be software license information, additional license authorizations, software specifications, published warranties, supplier terms, open source software licenses and similar content ("Supporting Material"). Additional license authorizations are at: http://www.hpe.com/software/SWLicensing.
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90-day Limited Warranty for HPE Software.
HPE-branded software materially conforms to its specifications, if any, and is free of malware at the time of delivery; if you notify HPE within 90 days of delivery of non-conformance to this warranty, HPE will replace your copy. This Agreement states all remedies for warranty claims.
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General.
Assignment. You may not assign this Agreement without prior written consent of HPE, payment of transfer fees and compliance with HPE's software license transfer policies. Authorized assignments will terminate your license to the software and you must deliver software and documentation and copies thereof to the assignee. The assignee will agree in writing to this Agreement. You may only transfer firmware if you transfer associated hardware.
U.S. Government. If the software is licensed to you for use in the performance of a U.S. Government prime contract or subcontract, you agree that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under HPE's standard commercial license.
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Audit. HPE may audit you for compliance with the software license terms. Upon reasonable notice, HPE may conduct an audit during normal business hours (with the auditor's costs being at HPE's expense). If an audit reveals underpayments then you will pay to HPE such underpayments. If underpayments discovered exceed five (5) percent, you will reimburse HPE for the auditor costs.
Open Source Components. To the extent the Supporting Material includes open source licenses, such licenses shall control over this Agreement with respect to the particular open source component. To the extent Supporting Material includes the GNU General Public License or the GNU Lesser General Public License: (a) the software includes a copy of the source code; or (b) if you downloaded the software from a website, a copy of the source code is available on the same website; or (c) if you send HPE written notice, HPE will send you a copy of the source code for a reasonable fee.
Notices. Written notices under this Agreement may be provided to HPE via the method provided in the Supporting Material.
Governing Law. This Agreement will be governed by the laws of the state of California, U.S.A., excluding rules as to choice and conflict of law. You and HPE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
Entire Agreement. This Agreement represents our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a written amendment signed by both parties. If HPE doesn't exercise its rights under this Agreement, such delay is not a waiver of its rights.
Australian Consumers. If you acquired the software as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite any other provision of this Agreement, the terms at this URL apply: http://www.hpe.com/software/SWLicensing.
Russian Consumers. If you are based in the Russian Federation and the rights to use the software are provided to you under a separate license and/or sublicense agreement concluded between you and a duly authorized HPE partner, then this Agreement shall not be applicable.
5012-3777 v1.5, 2016
Copyright 2015 Hewlett Packard Enterprise Development LP
The enclosed software and documentation includes copyrighted works of Hewlett-Packard Co. For as long as you comply with the following limitations, you are hereby authorized to (i) use, reproduce, and modify the software and documentation, and to (ii) distribute the software and documentation, including modifications, for non-commercial purposes only.
1. The enclosed software and documentation is made available at no charge in order to advance the general development of high-performance networking products.
2. You may not delete any copyright notices contained in the software or documentation. All hard copies, and copies in source code or object code form, of the software or documentation (including modifications) must contain at least one of the copyright notices.
3. The enclosed software and documentation has not been subjected to testing and quality control and is not a Hewlett-Packard Co. product. At a future time, Hewlett-Packard Co. may or may not offer a version of the software and documentation as a product.
4. THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS". HEWLETT-PACKARD COMPANY DOES NOT WARRANT THAT THE USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. HP DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION IS ERROR FREE. HP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE AND THE DOCUMENTATION. HP SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. HEWLETT-PACKARD COMPANY WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO ANY USE, REPRODUCTION, MODIFICATION, OR DISTRIBUTION OF THE SOFTWARE OR DOCUMENTATION.
hp-proliant-essentials
PROLIANT ESSENTIALS SOFTWARE
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS
AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE
ENTITY) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP"). BY CLICKING THE "AGREE"
BUTTON BELOW, COPYING, INSTALLING, OR OTHERWISE USING THE SOFTWARE,
(i) YOU DO SO WITH THE INTENT TO ELECTRONICALLY "EXECUTE" THIS AGREEMENT, AND
(ii) YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING THE WARRANTY STATEMENT, AS WELL AS ANY TERMS AND
CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" LIST.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
(A) IF THIS AGREEMENT IS DISPLAYED ELECTRONICALLY, YOU MAY INDICATE REJECTION
OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON;
(B) YOU SHALL NOT INSTALL THE SOFTWARE; AND
(C) HP DOES NOT GRANT YOU ANY RIGHTS TO USE THE SOFTWARE.
NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE
INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU PURCHASED THE SOFTWARE, YOU MAY RETURN THE SOFTWARE TO THE PLACE OF
PURCHASE FOR A FULL REFUND.
THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING
THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE
ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR
ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PRODUCT") IS CONDITIONED UPON AND
LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY
STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE
AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").
USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE,
EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL
ALSO APPLY TO SUCH ANCILLARY SOFTWARE. HP HAS IDENTIFIED ANCILLARY SOFTWARE
BY EITHER NOTING THE ANCILLARY SOFTWARE PROVIDER"S OWNERSHIP WITHIN EACH
ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING LICENSING INFORMATION IN
THE "ANCILLARY SOFTWARE" LIST. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU ARE ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY
SOFTWARE LICENSE IN THE ANCILLARY SOFTWARE LIST.
IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL
PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE
COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A
SITE SPECIFIED IN THE FOLLOWING HP WEBSITE:
HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML.
UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF
DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL,
TO YOU. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE
MAY BE FOUND AT THE FOLLOWING WEBSITE:
HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML .
LICENSE TERMS
SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS,
LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:
1. LICENSE GRANT
a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY. If the Software does
not require an Activation Key and provided that You comply with all the terms
and conditions of this Agreement, HP grants You a non-exclusive,
non-transferable (except as provided in Section 16), worldwide (except for the
countries referenced in Section 12) license under HP's copyrights, to install,
copy on as many computers as you need for your business, use, execute, make
archival or backup copies, and display ("Use") the object code version of the
Product on the computer(s) on which this Product is installed and in the
operating environment as identified by HP in the accompanying materials.
b. IF SOFTWARE REQUIRES AN ACTIVATION KEY. If the Software requires an
Activation Key, and provided that You comply with all terms and conditions of
this Agreement, then depending upon the specific hardware configuration You
employ, HP grants You the following license ("License Type") and rights:
Authorized Copies. You are licensed to install, make Authorized Copies
of (as defined in this section), execute, and display ("Use") the object code
version of the Product on an equivalent number of Computers, Host/Client Pairs,
Computer Nodes, or Clustered Computers (as defined in the table below) as you
have Authorized Copies. Authorized Copies is defined as the number of copies
that you have paid for as stated in the invoice or comparable document
evidencing an authorized quantity.
LICENSE TYPE SOFTWARE INSTALLS TO: LICENSED RIGHTS
(hardware configuration)
------------------------------------------------------------------------------
Computer A computer You have a right to install
and Use the Product on a single
computer. The installed copy
may not be transferred to or
used on any other computer.
------------------------------------------------------------------------------
Node/Client A set of computers with a You have a right to install and
minimum of one host and one Use the Product on a Host/Client
client connected to each Pair or a Single Node. Copies
other ("Host/Client Pair"), of the Product installed on a
or in certain instances, a Host/Client Pair or Single Node
single computer may not be transferred to any
("Single Node") other host or client computers
or other single nodes. You can
continue to Use the Product on
licensed clients when a new
server is introduced to the
licensed clients.
------------------------------------------------------------------------------
Cluster More than two computers You have a right to install and
physically connected together Use the Product on each
in a cluster configuration Clustered Computer. The
(each of which is referred to installed copy may not be
as "Clustered Computer") transferred to or used on any
other computer.
Storage. You may copy the Product into the local memory or storage
device of the hardware configuration loaded with the Authorized Copies. You may
copy the Product onto a reasonable number of network servers or a secure
intranet for the sole purpose of distributing the Product to the Computers,
Host/Client Pairs, Computer Nodes, or Clustered Computers. You may make
archival or back-up copies of the Product. You shall keep the activation key
with the hardware configuration to which the activation key is licensed. You
should keep copies of the activation key information for future retrieval
purposes.
2. NEW RELEASES. "New Release" means a release of the Product that may
contain fixes, corrections, or minor improvements to the Product. New Releases
are distributed from time to time solely at the option of HP. If HP offers a
New Release, it may come with its own terms and conditions, however if it does
not, You may use the New Release only under the terms and conditions of this
Agreement.
3. NEW VERSIONS. "New Version" means a version of the Product that may
contain significant changes, enhancements, and/or functional improvements to
the Product. New Versions are distributed solely at the option of HP. If HP
offers a New Version, it may come with its own terms and conditions, however
if it does not, You may use the New Version only under the terms and conditions
of this Agreement.
4. OWNERSHIP. The Product is owned and copyrighted by Hewlett-Packard
Development Company, L.P., HP's intellectual property management company, and
by third party suppliers, except for the Ancillary Software, which is owned and
copyrighted by the Ancillary Software providers indicated in the ANCILLARY
SOFTWARE list. Your right to Use the Product confers no title or ownership and
is not a sale of the Product or any part thereof. Third party suppliers and
Ancillary Software providers are intended beneficiaries under this Agreement
and may protect their rights in their respective portions of the Product
directly against You.
5. TRANSFER. Without the prior written consent of HP, or unless
specifically permitted in the Ancillary Software License, You have no right
(a) to rent, lease, lend, or otherwise transfer the rights to the Product to
anyone else; (b) to Use the Product for commercial timesharing or bureau use;
or (c) to copy the Product onto any public or distributed network.
6. COPYRIGHT. United States copyright laws, other countries' copyright
laws, and international treaty provisions protect the Product. You shall not
remove any product identification, copyright notices, or proprietary notices
from the Product.
7. SUPPORT. Support terms and conditions and contact information are
detailed in the Worldwide Limited Warranty and Technical Support for Industry
Standard Server Products statement ("Support Statement"), a copy of which is
available on the HP web site at www.hp.com. Subject to the terms of the
Support Statement, for HP software products installed on HP computers,
technical support for questions regarding media and Product installation may
be available for a ninety (90) day period from the date of purchase of the HP
computer on which this Product is installed ("Support Term"). To access this
support in North America, call the HP Technical Support Phone Center at
1-800-652-6672. This service is available during normal business hours,
Monday through Friday, during the Support Term. Outside North America, call
the nearest HP Technical Support Center. No other support, including
without limitation any on-site support, is provided under this Agreement.
8. LIMITATION ON REVERSE ENGINEERING. Reverse engineering of Ancillary
Software shall be governed by its respective Ancillary Software License. As
for the remainder of the Product, You shall not modify, disassemble, reverse
engineer, decompile, decrypt, or otherwise attempt to access or determine the
source code of the Product without HP's prior written consent. Where You have
other statutory rights with regard to software, You shall provide HP with
reasonably detailed information regarding any intended disassembly or
decompilation of the Product prior to performing such disassembly or
decompilation. You shall not decrypt the Product unless necessary for the
licensed Use of the Product.
9. RESERVATION OF RIGHTS. HP, its third party suppliers, and Ancillary
Software providers reserve all rights not expressly granted to You in this
Agreement.
10. TERM AND TERMINATION. You may exercise the rights of this Agreement
and of the Ancillary Software Licenses for a period of time starting at Your
acceptance of the terms and conditions of this Agreement and for so long as
You meet such terms and conditions ("Term"). Notwithstanding the foregoing,
HP may terminate Your right to Use the Product, upon notice, for Your failure
to comply with any such term or condition. Immediately upon termination, You
shall remove, destroy, or return to HP all copies of the Product, including
those copies of the Product that are merged into Your adaptations, except for
individual pieces of data in Your database. With HP's prior written consent,
one copy of the Product may be retained, for archival purposes only, subsequent
to termination. You may terminate this Agreement at any time by returning or
destroying the Product together with merged portions in any form.
11. CONFIDENTIAL COMPUTER SOFTWARE. Valid license from HP required for
possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial
Computer Software, Computer Software Documentation, and Technical Data for
Commercial Items are licensed to the U.S. Government under vendor's standard
commercial license.
12. COMPLIANCE WITH LAW. The Product and any associated hardware,
software, technology or services may not be exported, reexported, transferred
or downloaded to persons or entities listed on the U.S. Department of Commerce
Denied Persons List, Entity List of proliferation concern, or on any U.S.
Treasury Department Designated Nationals exclusion list, any country under
U.S. economic embargo, or to parties directly or indirectly involved in the
development or production of nuclear, chemical, biological weapons or in
missile technology programs as specified in the U.S. Export Administration
Regulations (15 CFR 744). By accepting this Agreement You confirm that You
are not (i) located in (or a national resident of) any country under U.S.
economic embargo, (ii) identified on any U.S. Department of Commerce Denied
Persons List, Entity List or Treasury Department Designated Nationals exclusion
list, and (iii) directly or indirectly involved in the development or
production of nuclear, chemical, biological weapons or in missile technology
programs as specified in the U.S. Export Administration Regulations.
13. APPLICABLE LAW. This Agreement shall be construed in accordance with
the laws of the State of Texas, without regard to conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods
is specifically disclaimed. If the Product was acquired outside the United
States, then local law may apply.
14. SEVERABILITY. If any term or provision of this Agreement is determined
to be illegal or unenforceable, the validity or enforceability of the remainder
of the terms or provisions herein will remain valid and in full force and
effect. Failure or delay in enforcing any right or provision of this Agreement
shall not be deemed a waiver of such right or provision with respect to any
subsequent breach. Provisions herein, which by their nature extend beyond the
termination of the license in the Product, will remain in effect until
fulfilled.
15. CONSENT TO USE OF DATA. You agree that HP may collect and use technical
information that You provide in connection with Your Use and request for
technical support of the Product from HP, however, HP will not use this
information in a form that personally identifies You.
16. ASSIGNMENT. You may not assign, sublicense or transfer this Agreement,
the Product, or any rights or obligations hereunder without the prior written
consent of HP. Any such attempted assignment, sublicense, or transfer will be
null and void, and in such event, HP may terminate this Agreement immediately.
Notwithstanding the foregoing, You may assign this Agreement and the rights
granted hereunder with the transfer of all or substantially all of Your
business. The right to assign or transfer Ancillary Software is governed by
the terms and conditions of the Ancillary Software Licenses.
17. ENTIRE AGREEMENT. This Agreement, including all Ancillary Software
Licenses in the ANCILLARY SOFTWARE list, is the final, complete and exclusive
agreement between You and HP relating to the Product, and supersedes any
previous communications, representations, or agreements between the parties,
whether oral or written, regarding the subject matter hereof. Any additional
or different terms and conditions not expressly set forth herein will not
apply. This Agreement may not be changed except by an amendment signed by an
authorized representative of both You and HP. To the extent the terms of any
HP policies or programs for support services conflict with the terms of this
Agreement, the terms of this Agreement shall control.
18. WARRANTY
a. NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT:
DISCLAIMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND
SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF
ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE,
ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES,
AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, WITHOUT LIMITATION,
THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE
TO DESCRIPTION WITH REGARD TO THE PRODUCT. YOU ASSUME THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY HP, HP"S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL
CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY. Some jurisdictions do not
allow exclusions of implied warranties or conditions, so the above exclusion
may not apply to You to the extent prohibited by such local laws. You may have
other rights that vary from country to country, state to state, or province to
province.
b. ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY.
HP warrants that the Product will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of
purchase. If an implied warranty or condition is created by Your
state/jurisdiction and federal or state/provincial law prohibits disclaimer of
it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR
WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE. AS TO
ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY
PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to You.
DISCLAIMER. The Limited Warranty that appears above is the only
express warranty made to You and is provided in lieu of any other express
warranties or implied warrantees (if any) created by any documentation,
packaging or otherwise. EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE PRODUCT
AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, OF ACCURACY OR COMPLETENESS
OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF
LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISIONS OF OR
FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION,
OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
19. LIMITATION OF LIABILITY.
a. FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL HP OR ITS
SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING
OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,
WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCT IS NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION,
MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR
AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES,
OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS"). YOU ARE SOLELY
LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL
INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR
LIABILITY IN CONNECTION WITH SUCH USE. YOU ASSUME THE ENTIRE RISK AS TO YOUR
USE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS.
b. FOR SOFTWARE REQUIRING AN ACTIVATION KEY
Notwithstanding any damages that You might incur for any reason whatsoever
(including, without limitation, all damages referenced above and all direct
or general damages), the entire liability of HP and any of its suppliers under
any provision of this EULA and Your exclusive remedy for all of the foregoing
(except for any remedy of repair or replacement if elected by HP with respect
to any breach of the Limited Warranty) shall be limited to the greater of the
amount actually paid by You for the Product or U.S. $5.00. The foregoing
limitations, exclusions and disclaimers (including Warranty above) shall apply
to the maximum extent permitted by applicable law, even if any remedy fails of
its essential purpose.
REV08/51/03 End User License Agreement
ATTENTION: USE OF THIS SOFTWARE IS SUBJECT TO THE FOLLOWING TERMS.
Permission to use, copy, modify, distribute and/or sell this software
and/or its documentation is hereby granted without fee. User agrees
to display the above copyright notice and this license notice in all
copies of the software and any documentation of the software. User
agrees to assume all liability for the use of the software; Hewlett-Packard
makes no representations about the suitability of this software for any
purpose. It is provided "AS-IS" without warranty of any kind, either express
or implied. User hereby grants a royalty-free license to any and all
derivatives based upon this software code base.
Hewlett-Packard software license agreement
END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW ("AGREEMENT"), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND HP OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT, ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS AND CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" (as defined below). IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
QUANTITY OF DEVICES:
1. GENERAL TERMS
a. You and Your refer either to an individual person or to a single legal entity.
b. HP means Hewlett-Packard Company or one of its subsidiaries.
c. HP Branded means Software products bearing a trademark or service mark of Hewlett-Packard Company or any Hewlett-Packard Company Affiliate, and embedded HP selected third party Software that is not offered under a third party license agreement.
d. Software means machine-readable instructions and data (and copies thereof) including middleware and related updates and upgrades You may be separately authorized to receive, licensed materials, user documentation, user manuals, and operating procedures. "Ancillary Software" means all or any portion of Software provided under public, open source, or third party license terms.
e. Specification means technical information about Software products published in HP product manuals, user documentation, and technical data sheets in effect on the date HP delivers Software products to You.
f. Transaction Document(s) means an accepted customer order (excluding pre-printed terms) and in relation to that order, valid HP quotations, license to use certificates or invoices.
2. LICENSE TERMS AND RESTRICTIONS
a. Subject to the terms and conditions of this Agreement and the payment of any applicable license fee, HP grants You a non-exclusive, non-transferable license to Use (as defined below) in object code form one copy of the Software on one device at a time for Your internal business purposes, unless otherwise indicated above or in applicable Transaction Document(s). "Use" means to install, store, load, execute and display the Software in accordance with the Specifications. Your Use of the Software is subject to these license terms and to the other restrictions specified by HP in any other tangible or electronic documentation delivered or otherwise made available to You with or at the time of purchase of the Software, including license terms, warranty statements, Specifications, and "readme" or other informational files included in the Software itself. Such restrictions are hereby incorporated in this Agreement by reference. Some Software may require license keys or contain other technical protection measures. You acknowledge that HP may monitor your compliance with Use restrictions remotely or otherwise. If HP makes a license management program available which records and reports license usage information, You agree to appropriately install, configure and execute such license management program beginning no later than one hundred and eighty (180) days from the date it is made available to You and continuing for the period that the Software is Used.
b. This Agreement confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers are intended beneficiaries under this Agreement and independently may protect their rights in the Software in the event of any infringement. All rights not expressly granted to You are reserved solely to HP or its suppliers. Nothing herein should be construed as granting You, by implication, estoppel or otherwise, a license relating to Software other than as expressly stated above in this section 2.
c. Unless otherwise permitted by HP, You (a) may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software on a backup device, provided that copies and adaptations are used in no other manner and provided further that the Use on the backup device is discontinued when the original or replacement device becomes operable, and (b) may not copy the Software onto or otherwise Use or make it available on, to, or through any public or external distributed network.
d. To Use Software identified as an update or upgrade, You must first be licensed for the original Software identified by HP as eligible for the update or upgrade. If the update or upgrade is intended to substantially replace the original Software, after updating or upgrading, You may no longer Use the original Software that formed the basis for Your update or upgrade eligibility unless otherwise provided by HP in writing. Nothing in this Agreement grants You any right to purchase or receive Software updates, upgrades, or support, and HP is under no obligation to make such support available to you. Updates, upgrades, enhancements, or other Support may only be available under separate HP support agreements. You may contact HP to learn more about any support offerings HP may make available. HP reserves the right to require additional licenses and fees for Software upgrades or other enhancements, or for Use of the Software on upgraded devices.
e. You must reproduce all copyright notices that appear in or on the Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use.
f. Notwithstanding anything to the contrary herein, if the Transaction Document(s) identifies that the Software may be utilized on another Designated System(s) (as defined below), Your license to Use the Software may be transferred to another Designated System(s). A "Designated System" means a computer system owned, controlled, or operated by or solely on behalf of You and may be further identified by HP by the combination of a unique number and a specific system type. Such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within Your possession or control.
g. Operating system Software may only be Used when operating the associated hardware in configurations as approved, sold, or subsequently upgraded by HP or an HP authorized reseller.
h. Software is not specifically designed, manufactured, or intended for use as parts, components, or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. You are solely liable if Software is Used for these applications and will indemnify and hold HP harmless from all loss, damage, expense, or liability in connection with such Use.
i You will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the Software. Where You have other rights mandated under statute, You will provide HP with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefore.
j. Extending the Use of Software to any person or entity other than You as a function of providing services, (i.e.; making the Software available through a commercial timesharing or service bureau) must be authorized in writing by HP prior to such Use and may require additional licenses and fees. You may not distribute, resell, or sublicense the Software.
k. Notwithstanding anything in this Agreement to the contrary, all or any portion of the Software which constitutes Ancillary Software is licensed to You subject to the terms and conditions of the Software license agreement accompanying such Ancillary Software, whether in the form of a separate agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Ancillary Software by You shall be governed entirely by the terms and conditions of such license and, with respect to HP, by the limitations and disclaimers of sections 3 and 5 hereof. HP has identified any Ancillary Software by either noting the Ancillary Software provider's ownership within each Ancillary Software program file and/or by providing information in the "ancillary.txt" or "readme" file that is provided as part of the installation of the Software. The Ancillary Software licenses are also set forth in the "ancillary.txt" or "readme" file. By accepting the terms and conditions of this Agreement, You are also accepting the terms and conditions of each Ancillary Software license in the ancillary.txt or "readme" file. If the Software includes Ancillary Software licensed under the GNU General Public License and/or under the GNU Lesser General Pubic License ("GPL Software"), a complete machine-readable copy of the GPL Software Source Code ("GPL Source Code") is either: (i) included with the Software that is delivered to You; or (ii) upon your written request, HP will provide to You, for a fee covering the cost of distribution, a complete machine-readable copy of the GPL Source Code, by mail, or (iii) if You obtained the Software by downloading it from a HP website and neither of the preceding options are available, you may download the GPL Source Code from the same website. Information about how to make a written request for GPL Source Code may be found in the ancillary.txt file or, if an address is not listed in that file, at the following website: www.hp.com.
3. WARRANTY
(i) IF SOFTWARE IS PROVIDED WITHOUT A LICENSE FEE, THE FOLLOWING AS-IS WARRANTY STATEMENT APPLIES TO THE SOFTWARE:
DISCLAIMER OF WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL INDEMNITIES, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, WHETHER BY STATUE, COMMON LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. HP does not warrant that the operation of Software will be uninterrupted or error free or that the Software will meet Your requirements. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety.
(ii) IF SOFTWARE IS PROVIDED FOR A LICENSE FEE, THE FOLLOWING LIMITED WARRANTY APPLIES TO THE SOFTWARE:
a. HP Branded Software will materially conform to its Specifications. If a warranty period is not specified for HP Branded Software, the warranty period will be ninety (90) days from the delivery date, or the date of installation if installed by HP. If You schedule or delay installation by HP more than thirty (30) days after delivery, the warranty period begins on the 31st day after delivery. This limited warranty is subject to the terms, limitations, and exclusions contained in the limited warranty statement provide for Software in the country where the Software is located when the warranty claim is made.
b. HP warrants that any physical media containing HP Branded Software will be shipped free of viruses.
c. HP does not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in hardware and Software combinations other than as expressly required by HP in the Specifications or that Software will meet requirements specified by You.
d. HP is not obligated to provide warranty services or support for any claims resulting from:
1. improper site preparation, or site or environmental conditions that do not conform to HP’s site specifications;
2. Your non-compliance with Specifications;
3. improper or inadequate maintenance or calibration;
4. Your or third-party media, software, interfacing, supplies, or other products;
5. modifications not performed or authorized by HP;
6. virus, infection, worm or similar malicious code not introduced by HP; or
7. abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by You, or other causes beyond HP’s control.
e. HP provides third-party products, software, and services that are not HP Branded "AS IS" without warranties of any kind, although the original manufacturers or third party suppliers of such products, software and services may provide their own warranties.
f. If notified of a valid warranty claim during the warranty period, HP will, at its option, correct the warranty defect for HP Branded Software, or replace such Software. If HP is unable, within a reasonable time, to complete the correction, or replace such Software, You will be entitled to a refund of the purchase price paid upon prompt return of such Software to HP. You will pay expenses for return of such Software to HP. HP will pay expenses for shipment of repaired or replacement Software to You. This section 3.(ii) f states HP's entire liability for warranty claims.
g. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY WARRANTED IN SECTION 3.(ii) a and b ABOVE, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety.
4. INTELLECTUAL PROPERTY INFRINGEMENT FOR SOFTWARE PROVIDED FOR A LICENSE FEE:
a. In the event Software was provided to You for a License Fee, HP will defend or settle any claim against You alleging that HP Branded Software products provided under this Agreement infringes intellectual property rights in the country where they were sold, if You:
1. promptly notify HP of the claim in writing;
2. cooperate with HP in the defense of the claim; and
3. grant HP sole control of the defense or settlement of the claim.
HP will pay infringement claim defense costs, HP–negotiated settlement amounts, and court-awarded damages.
b. If such a claim appears likely, then HP may modify the HP Branded Software products, procure any necessary license, or replace the affected item with one that is at least functionally equivalent. If HP determines that none of these alternatives is reasonably available, then HP will issue You a refund equal to the purchase price paid for the affected item if within one year of delivery, or Your net book value thereafter.
c. HP has no obligation for any claim of infringement arising from:
1. HP’s compliance with Your or third party designs, specifications, instructions, or technical information;
2. modifications made by You or a third party;
3. Your non-compliance with the Specifications or the documentation described in section 2. a above; or
4. Your use with products, software, or services that are not HP Branded.
d. This section 4 states HP's entire liability for claims of intellectual property infringement for Software provided for a license fee.
5. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that You might incur, and except for damages for bodily injury (including death) and for the amounts in section 4.a, the entire aggregate liability of HP and any of its suppliers relating to the Software or this Agreement, and Your exclusive remedy for all of the foregoing, shall be limited to the greater of the amount actually paid by You separately for the Software or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, DOWNTIME COSTS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS, DISCLOSURE, UNAVAILABILITY OF OR DAMAGE TO DATA, SOFTWARE RESTORATION, OR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. TERMINATION
This Agreement is effective unless terminated or rejected. Notwithstanding the foregoing, this Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if You fail to comply with any term or condition hereof. Immediately upon termination You will destroy the Software and all copies of the Software or return them to HP. You may retain one copy of the Software subsequent to termination solely for archival purposes only. At HP’s request, You will certify in writing to HP that You have complied with these requirements. Sections 3.(i), 3.(ii) g, 5, 6 and 7 of this Agreement will survive termination of this Agreement.
7. GENERAL
a. You may not assign, sublicense, delegate or otherwise transfer ("Assign") all or any part of this Agreement without prior written consent from HP, payment to HP of any applicable fees, and compliance with HP's Software license transfer policies and any applicable third party license terms. Any such attempted Assignment will be null and void. Where an authorized Assignment occurs in accordance with this section, Your rights under this Agreement will terminate, and You will immediately deliver the Software and all copies to the Assignee. The Assignee must agree in writing to the terms of this Agreement, and the transferee thereafter will be considered "You" for purposes of this Agreement. You may transfer firmware only upon transfer of the associated hardware.
b. If the Software is licensed for use in the performance of a U.S. Government prime contract or subcontract, You agree that, consistent with FAR 12.211 and 12.212, commercial computer Software, computer Software documentation and technical data for commercial items are licensed under HP’s standard commercial license.
c. To the extent You export, re-export, or import Software, technology, or technical data licensed or provided hereunder, You assume sole responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend performance if You are in violation of any applicable laws or regulations.
d. You agree that HP may audit Your compliance with this Agreement. Any such audit would be at HP’s expense, require reasonable notice, and would be performed during normal business hours. If an audit reveals underpayments then You will immediately pay HP such underpayments together with the costs reasonably incurred by HP in connection with the audit and seeking compliance with this section.
e. This Agreement is governed by the laws of the State of California, U.S.A., excluding rules as to choice and conflict of law. You and HP agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
f. Subject to the other terms and conditions of this Agreement, this Agreement is the entire agreement between HP and You regarding Your Use of the Software, and supersedes and replaces any previous communications, representations, or agreements, or Your additional or inconsistent terms, whether oral or written. In the event any provision of this Agreement is held invalid or unenforceable the remainder of the Agreement will remain enforceable and unaffected thereby.
g. HP’s failure to exercise or delay in exercising any of its rights under this Agreement will not constitute or be deemed a waiver or forfeiture of those rights.
HP-UX Runtime Environment, for the Java(tm) 2 Platform
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS
AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW, THIRD PARTY SOFTWARE LICENSE
TERMS FOUND IN THE THIRDPARTYLICENSEREADME.TXT FILE AND THE WARRANTY
DISCLAIMER ATTACHED. IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT
INSTALL OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES
YOUR ACCEPTANCE OF THESE LICENSE TERMS.
HP SOFTWARE LICENSE TERMS
The following terms govern your use of the Software unless you have a separate
written agreement with HP. HP has the right to change these terms and
conditions at any time, with or without notice.
License Grant
HP grants you a license to Use one copy of the Software. "Use" means storing,
loading, installing, executing or displaying the Software. You may not modify
the Software or disable any licensing or control features of the Software. If
the Software is licensed for "concurrent use", you may not allow more than the
maximum number of authorized users to Use the Software concurrently.
Ownership
The Software is owned and copyrighted by HP or its third party suppliers.
Your license confers no title or ownership in the Software and is not a sale
of any rights in the Software. HPs third party suppliers may protect their
rights in the event of any violation of these License Terms.
Third Party Code
Some third-party code embedded or bundled with the Software is licensed to you
under different terms and conditions as set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of
any third party license identified in the THIRDPARTYLICENSEREADME.txt file,
the disclaimer of warranty and limitation of liability provisions in this
license shall apply to all code distributed as part of or bundled with the
Software.
Source Code
Software may contain source code that, unless expressly licensed for other
purposes, is provided solely for reference purposes pursuant to the terms of
this license. Source code may not be redistributed unless expressly provided
for in these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes
or when copying or adaptation is an essential step in the authorized Use of
the Software. You must reproduce all copyright notices in the original
Software on all copies or adaptations. You may not copy the Software onto any
bulletin board or similar system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless HPs prior written
consent is obtained. In some jurisdictions, HPs consent may not be required
for disassembly or decompilation. Upon request, you will provide HP with
reasonably detailed information regarding any disassembly or decompilation.
You may not decrypt the Software unless decryption is a necessary part of the
operation of the Software.
Transfer
Your license will automatically terminate upon any transfer of the Software.
Upon transfer, you must deliver the Software, including any copies and related
documentation, to the transferee. The transferee must accept these License
Terms as a condition to the transfer.
Termination
HP may terminate your license upon notice for failure to comply with any of
these License Terms. Upon termination, you must immediately destroy the
Software, together with all copies, adaptations and merged portions in any
form.
Export Requirements
You may not export or re-export the Software or any copy or adaptation in
violation of any applicable laws or regulations.
This software or any copy or adaptation may not be exported, reexported or
transferred to or within countries under U.S. economic embargo including the
following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran,
Iraq, Libya, North Korea, Serbia, Sudan and Syria. This list is subject to
change.
This software or any copy or adaptation may not be exported, reexported or
transferred to persons or entities listed on the U.S. Department of Commerce
Denied Parties List or on any U.S. Treasury Department Designated Nationals
exclusion list, or to any party directly or indirectly involved in the
development or production of nuclear, chemical, biological weapons or related
missile technology programs as specified in the U.S. Export Administration
Regulations (15 CFR 730).
U.S. Government Contracts
If the Software is licensed for use in the performance of a U.S. government
prime contract or subcontract, you agree that, consistent with FAR 12.211 and
12.212, commercial computer Software, computer Software documentation and
technical data for commercial items are licensed under HPs standard
commercial license.
SUPPLEMENTAL RESTRICTIONS
You acknowledge the Software is not designed or intended for use in on-line
control of aircraft, air traffic, aircraft navigation, or aircraft
communications; or in the design, construction, operation or maintenance of
any nuclear facility. HP disclaims any express or implied warranty of fitness
for such uses.
ADDITIONAL SUPPLEMENTAL RESTRICTIONS FOR HP-UX RUNTIME ENVIRONMENT,
FOR THE JAVA(TM) 2 PLATFORM
* License to Distribute HP-UX Runtime Environment, for the Java(tm) 2
Platform. You are granted a royalty-free right to reproduce and distribute
the HP-UX Runtime Environment, for Java provided that you distribute the
HP-UX Runtime Environment, for the Java 2 Platform complete and unmodified,
only as a part of, and for the sole purpose of running your Java compatible
applet or application ("Program") into which the HP-UX Runtime Environment,
for the Java 2 Platform is incorporated.
* Java Platform Interface. Licensee may not modify the Java Platform
Interface ("JPI", identified as classes contained within the "java" package
or any subpackages of the "java" package), by creating additional classes
within the JPI or otherwise causing the addition to or modification of the
classes in the JPI. In the event that Licensee creates any Java-related API
and distributes such API to others for applet or application development,
Licensee must promptly publish broadly, an accurate specification for such
API for free use by all developers of Java-based software.
* You may make the HP-UX Runtime Environment, for the Java 2 Platform
accessible to application programs developed by you provided that the
programs allow such access only through the Invocation Interface specified
and provided that you shall not expose or document other interfaces that
permit access to such HP-UX Runtime Environment, for the Java 2 Platform.
You shall not be restricted hereunder from exposing or documenting
interfaces to software components that use or access the HP-UX Runtime
Environment, for the Java 2 Platform.
HP WARRANTY STATEMENT
DURATION OF LIMITED WARRANTY: 90 DAYS
HP warrants to you, the end customer, that HP hardware, accessories, and
supplies will be free from defects in materials and workmanship after the date
of purchase for the period specified above. If HP receives notice of such
defects during the warranty period, HP will, at its option, either repair or
replace products which prove to be defective. Replacement products may be
either new or equivalent in performance to new.
HP warrants to you that HP Software will not fail to execute its programming
instructions after the date of purchase, for the period specified above, due
to defects in materials and workmanship when properly installed and used. If
HP receives notice of such defects during the warranty period, HP will replace
Software which does not execute its programming instructions due to such
defects.
HP does not warrant that the operation of HP products will be uninterrupted or
error free. If HP is unable, within a reasonable time, to repair or replace
any product to a condition warranted, you will be entitled to a refund of the
purchase price upon prompt return of the product. Alternatively, in the case
of HP Software, you will be entitled to a refund of the purchase price upon
prompt delivery to HP of written notice from you confirming destruction of the
HP Software, together with all copies, adaptations, and merged portions in any
form.
HP products may contain remanufactured parts equivalent to new in performance
or may have been subject to incidental use.
Warranty does not apply to defects resulting from: (a) improper or inadequate
maintenance or calibration; (b) software, interfacing, parts or supplies not
supplied by HP, (c) unauthorized modification or misuse; (d) operation outside
of the published environmental specifications for the product, (e) improper
site preparation or maintenance, or (f) the presence of code from HP suppliers
embedded in or bundled with any HP product.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO
OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED
AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Some countries, states, or provinces do not allow limitations on the duration
of an implied warranty, so the above limitation or exclusion may not apply to
you. This warranty gives you specific legal rights and you might also have
other rights that vary from country to country, state to state, or province to
province.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT
ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT
WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE,
WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some countries, states, or
provinces do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation may not apply to you.
LEGAL NOTICE - READ BEFORE DOWNLOADING OR OTHERWISE USING THIS SOFTWARE.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS, AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW AND THE HP WARRANTY DISCLAIMER ATTACHED. CLICK ON THE "I ACCEPT" BOX BELOW TO INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.
Download license for HPjconfig 2.1
HP software license terms
The following terms govern your use of the Software unless you have a separate written agreement with HP.
License grant
HP grants you a license to Use one copy of the Software. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorized users to Use the Software concurrently.
Ownership
The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. HP''s third party suppliers may protect their rights in the event of any violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system.
No disassembly or decryption
You may not disassemble or decompile the Software unless HP''s prior written consent is obtained. In some jurisdictions, HP''s consent may not be required for disassembly or decompilation. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
Transfer
Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.
Termination
HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
Export requirements
The software you are about to download contains cryptography technology. Some countries regulate the import, use and/or export of certain products with cryptography. HP makes no claims as to the applicability of local country import, use and/or export regulations in relation to the download of this product. If you are located outside the U.S. and Canada you are advised to consult your local country regulations to insure compliance.
You may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations.
Without limiting the generality of the foregoing, hardware, software, technology or services provided under this license agreement may not be exported, reexported, transferred or downloaded to or within (or to a national resident of) countries under U.S. economic embargo including the following countries:
Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria.
This list is subject to change.
Hardware, software, technology or services may not be exported, reexported, transferred or downloaded to persons or entities listed on the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern or on any U.S. Treasury Department Designated Nationals exclusion list, or to parties directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 744).
By accepting this license agreement you confirm that you are not located in (or a national resident of) any country under U.S. economic embargo, not identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
U.S. government restricted rights
The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.
Supplemental restrictions
You acknowledge the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. HP disclaims any express or implied warranty of fitness for such uses
HP SOFTWARE LICENSE TERMS
NO COMMERCIALIZATION, LIMITED DISTRIBUTION PERMITTED
THE TERM "SOFTWARE" REFERS TO THIS CODE (WHETHER SOURCE OR OBJECT CODE),
ANY COMPONENT OR MODULE THEREOF, ANY INFORMATION (INCLUDING ANY DOCUMENTATION)
PROVIDED IN CONNECTION WITH THE SOFTWARE, AND ANY DERIVATIVE OF THESE THINGS.
BY DOWNLOADING, ACCESSING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS LICENSING AGREEMENT. THE SOFTWARE AND EACH OF ITS
COMPONENTS ARE PROTECTED UNDER COPYRIGHT LAWS. HEWLETT-PACKARD COMPANY ("HP")
RESERVES ALL RIGHTS EXCEPT THOSE EXPRESSLY GRANTED BY THIS LICENSE AGREEMENT.
(C) HEWLETT-PACKARD COMPANY, 2004.
HP IS AGREEING TO LET YOU DOWNLOAD AND USE THE SOFTWARE UNDER THE TERMS OF THIS AGREEMENT WITHOUT ANY FINANCIAL CHARGE. YOU THEREFORE AGREE TO WAIVE ANY AND ALL DAMAGES AGAINST HP RELATING TO DOWNLOAD OR USE OF THE SOFTWARE, OR TO ANY ACT OR OMISSION ON THE PART OF HP, ITS OFFICERS, DIRECTORS, VENDORS, SUPPLIERS, EMPLOYEES OR AGENTS IN CONNECTION WITH THE SOFTWARE. THE BARGAIN BASIS FOR HP'S AGREEMENT TO PERMIT YOUR DOWNLOAD OR USE OF THE SOFTWARE DOES NOT REFLECT ANY ASSUMPTION OF LIABILITY OR DAMAGES ON HP'S BEHALF; IF YOU DO NOT AGREE TO THIS CONDITION AND TO THE OTHER TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE REMEDY IS TO NOT DOWNLOAD AND TO NOT USE THE SOFTWARE. HP REPRESENTS, AND YOU ACKNOWLEDGE, THAT THE SOFTWARE IS EXPERIMENTAL IN NATURE, IS NOT OF PRODUCT QUALITY, AND MAY HAVE BUGS OR ERRORS, AND THAT ITS SAFETY IS NOT REPRESENTED; IT SHALL BE SOLELY UP TO YOU AND ANY USER TO DETERMINE WHETHER THE SOFTWARE MAY BE SAFELY OR RELIABLY USED FOR ANY PURPOSE. THESE CONDITIONS, AS WELL AS ALL OF THE CONDITIONS STATED BELOW, ARE OF MATERIAL INDUCEMENT FOR HP TO RELEASE THE SOFTWARE; THAT IS TO SAY, WITHOUT A DAMAGES RELEASE AND RELEASE AND DISCLAIMER OF OTHER RIGHTS AND REMEDIES, HP REPRESENTS THAT IT WOULD NOT RELEASE THE SOFTWARE TO YOU. HP DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.
YOU MAY USE THE SOFTWARE FOR NON-COMMERCIAL USE, AT YOUR SOLE RISK AND DISCRETION. "NON-COMMERCIAL USE" MEANS THAT YOU MAY USE THE SOFTWARE FOR PERSONAL USE OR RESEARCH OR ACADEMIC PURPOSES, BUT THAT YOU MAY NOT, DIRECTLY OR INDIRECTLY, (A) INCORPORATE THIS SOFTWARE INTO ANY PRODUCT OFFERED FOR SALE, OR USE THE SOFTWARE TO PROVIDE A SERVICE FOR WHICH A FEE IS CHARGED, (B) SELL ANY PRODUCT OR SERVICE DESIGNED SPECIALLY TO INTERFACE WITH, OR TO ACT AS A MODULE SPECIALLY ADAPTED TO FUNCTION WITH, THE SOFTWARE, OR (C) CHARGE ANY FEE IN CONNECTION WITH THE SOFTWARE. SUBJECT TO THESE LIMITATIONS, YOU MAY MAKE COPIES AND DERIVATIVE WORKS OF THE SOFTWARE AND DISTRIBUTE SUCH COPIES TO OTHER PERSONS PROVIDED THAT SUCH COPIES AND RELATED DISTRIBUTION ARE ACCOMPANIED BY HP'S COPYRIGHT NOTICE AND THIS AGREEMENT AND ARE SUBJECT TO THE TERMS OF THIS AGREEMENT, VERBATIM.
HP SHALL HAVE NO OBLIGATION TO PROVIDE SUPPORT OR MAINTENANCE FOR, OR TO PROVIDE ANY UPDATES TO, THE SOFTWARE. HP SHALL HAVE NO OBLIGATION TO RESPOND TO QUESTIONS OR TO PROVIDE INFORMATION REGARDING THE SOFTWARE.
THIS AGREEMENT AND ALL MATTERS REGARDING THE SOFTWARE SHALL BE INTERPRETED EXCLUSIVELY BY APPLYING THE LAWS OF THE STATE OF DELAWARE, USA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.
ANY VIOLATION OF THIS AGREEMENT AND THESE TERMS WILL BE DEEMED TO CAUSE HP IRREPARABLE HARM.
THESE CONDITIONS SHALL APPLY EVEN IF YOU ADVISE HP TO THE CONTRARY IN WRITING OR OTHERWISE; THIS AGREEMENT MAY NOT BE CONTRADICTED OR ALTERED, EXCEPT BY A WRITTEN AMENDMENT THAT BOTH SPECIFICALLY REFERENCES THIS AGREEMENT AND IS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF HP.
Permission to use, copy, modify, distribute, and sell this
documentation for any purpose is hereby granted without fee,
provided that the above copyright notice and this permission
notice appear in all copies. <copyright holder>
makes no representations about the suitability for any purpose
of the information in this document. This documentation
is provided "as is" without express or implied warranty.
Permission to use, copy, modify, and distribute this documentation for
any purpose and without fee is hereby granted, provided that the above
copyright notice and this permission notice appear in all copies.
<copyright holder> makes no representations about the suitability for
any purpose of the information in this document. This documentation is
provided ``as is'' without express or implied warranty.
EXPORT OF THIS SOFTWARE from the United States of America may
require a specific license from the United States Government. It
is the responsibility of any person or organization
contemplating export to obtain such a license before exporting.
WITHIN THAT CONSTRAINT, permission to copy, modify, and distribute
this software and its documentation in source and binary forms is
hereby granted, provided that any documentation or other materials
related to such distribution or use acknowledge that the software
was developed by the University of Southern California.
DISCLAIMER OF WARRANTY. THIS SOFTWARE IS PROVIDED "AS IS". The
University of Southern California MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED. By way of example, but not
limitation, the University of Southern California MAKES NO
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. The University of Southern California shall not
be held liable for any liability nor for any direct, indirect, or
consequential damages with respect to any claim by the user or
distributor of the ksu software.
Export of this software from the United States of America may
require a specific license from the United States Government.
It is the responsibility of any person or organization contemplating
export to obtain such a license before exporting.
WITHIN THAT CONSTRAINT, permission to use, copy, modify, and
distribute this software and its documentation for any purpose and
without fee is hereby granted, provided that the above copyright
notice appear in all copies and that both that copyright notice and
this permission notice appear in supporting documentation, and that
the name of M.I.T. not be used in advertising or publicity pertaining
to distribution of the software without specific, written prior
permission. M.I.T. makes no representations about the suitability of
this software for any purpose. It is provided "as is" without express
or implied warranty.
Permission to use, copy, modify, and distribute this software for any
purpose and without fee is hereby granted, provided that this copyright and
permission notice appear on all copies and supporting documentation, the
name of Lars Fenneberg not be used in advertising or publicity pertaining to
distribution of the program without specific prior permission, and notice be
given in supporting documentation that copying and distribution is by
permission of {{Lars Fenneberg}}.
{{Lars Fenneberg}} makes no representations about the suitability of this
software for any purpose. It is provided "as is" without express or implied
warranty.
This software is available with usual "research" terms with
the aim of retain credits of the software. Permission to use,
copy, modify and distribute this software for any purpose and
without fee is hereby granted, provided that the above copyright
notice and this permission notice appear in all copies, and
the name of INRIA, IMAG, or any contributor not be used in
advertising or publicity pertaining to this material without
the prior explicit permission. The software is provided "as
is" without any warranties, support or liabilities of any kind.
LICENSE
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Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted, provided
that the original copyright notices appear in all copies and that both
copyright notice and this permission notice appear in supporting
documentation, and that the name of the author not be used in advertising
or publicity pertaining to distribution of the software without specific
prior written permission.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
Permission to use, copy, modify, and distribute this
software and its documentation for any purpose and without
fee is hereby granted, provided that the above copyright
notice appear in all copies and that both that copyright
notice and this permission notice appear in supporting
documentation. No representations are made about the
suitability of this software for any purpose. It is
provided "as is" without express or implied warranty.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted, provided
that the above copyright notice appear in all copies and that both that
copyright notice and this permission notice appear in supporting
documentation. This software is provided "as is" without express or
implied warranty.
Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that
this permission notice appear in supporting documentation. This permission
notice shall be included in all copies or substantial portions of the
Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Permission to use, copy, modify, distribute, and sell this software
and its documentation for any purpose is hereby granted without
fee, provided that the above copyright notice appear in all copies.
This software is provided "as is" without express or implied
warranty.
Disclaimer:
The software is provided "as is", without warranty of any kind,
express or implied, including but not limited to the warranties
of merchantability, fitness for a particular purpose and
noninfringement. In no event shall the author(s) be liable for
any claim, damages or other liability, whether in an action of
contract, tort or otherwise, arising from, out of or in connection
with the software or the use or other dealings in the software.
Permission to use, copy, modify, distribute, and sell this
software and its documentation for any purpose is hereby
granted without fee, provided that the above copyright notice
appear in all copies and that both that copyright notice and
this permission notice appear in supporting documentation.
Permission to use, copy, modify, distribute, and sell this software
and its documentation for any purpose is hereby granted without fee,
provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in
supporting documentation.
+------------+
| Disclaimer |
+------------+
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
express or implied, including but not limited to the warranties of
merchantability, fitness for a particular purpose and
noninfringement. In no event shall the author(s) be liable for any
claim, damages or other liability, whether in an action of contract,
tort or otherwise, arising from, out of or in connection with the
software or the use or other dealings in the software.
Permission to use, copy, modify, and distribute this
software and its documentation for any purpose and without
fee is hereby granted, provided that the above copyright
notice appear in all copies. The University of California
makes no representations about the suitability of this
software for any purpose. It is provided "as is" without
express or implied warranty. Export of this software outside
of the United States of America may require an export license.
Permission to use,
copy, modify, and distribute this software and its documentation for any
purpose and without fee is hereby granted, provided that the above
copyright notice appear in all copies. The University of California makes
no representations about the suitability of this software for any purpose.
It is provided "as is" without express or implied warranty.
Not derived from licensed software.
Permission is granted to anyone to use this software for any
purpose on any computer system, and to redistribute it freely,
subject to the following restrictions:
1. The author is not responsible for the consequences of use of
this software, no matter how awful, even if they arise
from defects in it.
2. The origin of this software must not be misrepresented, either
by explicit claim or by omission.
3. Altered versions must be plainly marked as such, and must not
be misrepresented as being the original software.
This software is not subject to any license of the American Telephone
and Telegraph Company or of the Regents of the University of California.
Permission is granted to anyone to use this software for any purpose on any
computer system, and to alter it and redistribute it, subject to the following
restrictions:
1. The author is not responsible for the consequences of use of this software,
no matter how awful, even if they arise from flaws in it.
2. The origin of this software must not be misrepresented, either by explicit
claim or by omission. Since few users ever read sources, credits must appear in
the documentation.
3. Altered versions must be plainly marked as such, and must not be
misrepresented as being the original software. Since few users ever read
sources, credits must appear in the documentation.
4. This notice may not be removed or altered.
You are granted a license to use, reproduce and create derivative works of this document.
The right to use, modify and redistribute this code is allowed
provided the above copyright notice and the below disclaimer appear
on all copies.
This file is provided AS IS with no warranties of any kind. The author
shall have no liability with respect to the infringement of copyrights,
trade secrets or any patents by this file or any part thereof. In no
event will the author be liable for any lost revenue or profits or
other special, indirect and consequential damages.
Terms of Service
Effective Date: September 15, 2022
Thanks for using Hugging Face and being part of our awesome community!
We drafted the following Terms of Service to make your user experience as smooth, private and secure as possible. We are very much open to feedback - contact us at legal@huggingface.co with any question or concern!
Please read these Terms carefully as they contain important information about what we do and do not offer, and what you can and cannot do.
Whenever you want to use or purchase the Services that we provide at https://huggingface.co and related sites (the "Website"), these Terms of Service, together with our Supplemental Terms, notices and policies available at https://huggingface.co, and/or any other binding document that we provide and/or that you sign (the “Terms” or the “Agreement”) will apply to you.
In other words, these Terms are a binding agreement between us, Hugging Face, Inc. a Delaware corporation ("Hugging Face", "Company", "us", "we"), and You, whether you are a user ("User", "You") or a customer ("Customer", "you"). You should also carefully review all of our other policies available on our Website, including our Privacy Policy.
By accessing, using or purchasing the Services, you consent to all of these Terms and policies. So, if you do not agree with any of those, please do not access, use or purchase the Services.
We may change or update the Terms from time to time. Changes will be effective 10 days following posting on the Website. If you continue using the Services 10 days following such posting, that means you accept those changes.
We may also post and update supplemental terms for specific Services ("Supplemental Terms"), and such Supplemental Terms will also apply to you.
A few definitions
Let's make sure we speak the same language!
"Account" is the account that you, or your entity, will create on the Website to access, use or purchase our Services. It must be secured by a strong password!
"Agreement" or "Terms" refer to all of the terms and conditions that apply between us. They include these Terms, Supplemental Terms, notices and policies available at https://huggingface.co, and/or any other binding document that we provide and/or that you sign, including but not limited to an Order Form, a Scope of Work or a Master Services Agreement.
"Inference API" refers to hosted services available on https://huggingface.co that let you, individuals, companies or organizations, run inference via application programming interface on machine learning models publicly or privately hosted on Hugging Face's model hub.
"Content" refers to any material posted, displayed, or accessed on our Website or Hub, including but not limited to code, data, text, graphics, images, applications, or software you, we, or any third party provide or make available.
"Dataset" refers to a structured collection of data samples used to train machine learning Models.
"Effective Date" refers to the last date of signature of the Agreement, or any other binding document.
"Inference Endpoint Service" refers to the Hugging Face Hub service through which the Customer can create, edit, manage and delete Managed Endpoints.
"Hugging Face" refers to Hugging Face Inc., which may perform its obligations through its affiliates, directors, subsidiaries, contractors, licensors, officers, agents and/or employees.
"Hugging Face Hub", or "Hub" refers to the hosting platform where Users can build, benchmark, share, version and deploy Repositories, which may include Models, Datasets and Machine Learning Applications.
"Hugging Face Open-Source Libraries" refers to the Hugging Face open-source software projects available at https://github.com/huggingface/, including Transformers, Datasets and Tokenizers.
"Infinity Service" refers to the containerized solution to deploy end-to-end optimized inference pipelines for state of the art Transformers Models, available at https://huggingface.co/infinity.
"Machine Learning Application" refers to a repository hosted on the Hub that allows a User to showcase Machine Learning experiments.
"Model" refers to a pre-trained machine learning model including algorithms and weights, which can be run to make predictions.
"Order Form" refers to the document shared by Hugging Face to the Customer describing the quantity of services ordered by the Customer and the fees payable for such services. Additional Order Forms may be negotiated between and executed by the Parties, and shall be incorporated into the Agreement.
"Organization" refers to a workspace representing a legal entity and/or several Users. A User can be part of multiple organizations.
"Premium Support" refers to qualified information or any other materials provided by Hugging Face via email or any other instant messaging or communication service to the Customer to address the Customer’s questions on the use and optimization of the Hugging Face Open-Source Libraries, Hugging Face or Customer Models.
"Repository" refers to a data structure which contains all of the project files and the entire revision history. A Repository may be public (i.e. anyone on the internet can see it, but only you or members of your organization can make changes) or private (i.e. only you or members of your organization can see and make changes to the repository).
"Services" refer to the products and/or services we offer or provide, and that you access, use or purchase. Services may include limited licenses or subscriptions to access or use certain offerings in accordance with these Terms, including use of Models, Datasets, Hugging Face Open-Sources Libraries, the Inference API, AutoTrain, Expert Acceleration Program, Infinity or other Content. Reference to "purchases" and/or "sales" mean a limited right to access and use a Service (not a transfer or any ownership right, title, or interest) in accordance with these Terms.
"User" refers to the individual person, company or organization that accesses, receives, or uses the Services. That's you!
Your Use of the Services
Here are the Services we offer, and how you should use them.
We provide Services in the field of machine learning, here is the list:
Open-Source Libraries: including Transformers, Datasets and Tokenizers
Hugging Face public Hub: where you can build, benchmark, share, version and deploy Models, Datasets and Machine Learning Applications accessible by all Users
Hugging Face private Hub: where you can build, benchmark, share, version and deploy Models, Datasets and Machine Learning Applications, that are only accessible by You or your Organization(s)
Inference API Service: where you or your organization(s) can run inference via application programming interface on machine learning models publicly or privately hosted on our Model Hub
AutoTrain premium Service: create state of the art Models from your own training data, everything being automatically hosted privately on the Model Hub. You can then share them publicly and/or serve them through the Inference API Service for example.
Expert Acceleration Program: get Premium Support on the use of our open source and all our services and/or products.
Infinity Service: deploy end-to-end optimized inference pipelines for state of the art Transformers Models.
Hardware Partner Program: access State of the Art hardware and hardware-specific machine learning optimization techniques for production performance.
Inference Endpoints: easily deploy machine learning models on dedicated, secure and autoscaling infrastructure
More awesome Services. Stay tuned!!
You must use our Services in strict compliance with these Terms, the Supplemental Terms for each Service, all of our policies available on our Website, and all applicable laws or regulations in the relevant jurisdiction(s).
We may at any time modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Your Account
Pretty basic, but necessary before accessing some of our Services!
In order to create an Account for yourself or for your Organization on our Website, you must be a natural person of at least age 13, or a legal entity duly registered. If you decide to create an Account for your Organization, you represent that you have the authority to act on behalf of your Organization and bind your Organization to these Terms.
When you create your Account, we are going to ask you to provide us with some basic information, such as your email address password, username, full name, and other optional information such as an avatar, your interests, usernames to your third-party social networks, or payment information if you decide to purchase one of our paid Services. All information must be accurate and valid.
Security is very important to us, and we need every member of our community to cooperate. You are responsible for maintaining the confidentiality and security of your password necessary for accessing your Account and the Services. You may not disclose your password to any third party, and you are solely responsible for any action taken with your Account. You must notify us immediately of any actual or suspected breach of security on your Account, loss or compromise of password, or unauthorized use of your Account.
Your Content
Wondering about what we do with your Content?
You are solely responsible for the Content you post, publish, display or otherwise make available on our Website, and for any other action or omission that results from your use of the Services (including our Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.
You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Website, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable law and regulation, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have a concern about your Content.
You own the Content you create! We will not sell your Content, nor will we use it in any other way as permitted under these Terms. However, by posting your Content or otherwise making it available on our Website, you must be aware that:
You hereby grant us a worldwide, royalty-free and non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of such Content to provide Services and as otherwise permitted under these Terms and our Privacy Policy; and,
Your Content will be viewed by others, and therefore:
If you decide to set your Repository public, you grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of your Content through our Services and functionalities;
If you decide to set your Repository private, we will use reasonable and appropriate measures designed to keep your Content confidential, and protected from any unauthorized access or disclosure. However, we may access or share your private information pursuant to the terms set forth in our Privacy Policy.
When Content contains notice of a reasonable and customary license, (such as an open source license) such Content is intended to remain under the terms of such license when further accessed, distributed, or used. Neither party is permitted to remove reference to any such license.
Any Content you download, access or use from us or another User, is at your own risk and subject to these Terms and/or the terms accompanying such Content.
Payment
We work hard to make our Services most useful to you, and we thank you for your trust and support!
Our plans and fees payable for the use of the Services you decide to purchase are available at https://huggingface.co/pricing. You may decide to choose a custom plan, in which case the payable fees and payment terms will be subject to further discussions and mutual agreement with us, and will be specified in the applicable Services Agreement, Order Form or any other binding document signed between us.
All fees are exclusive of any applicable taxes, which You are solely responsible to pay.
We reserve the right to adjust our pricing from time to time and at our sole discretion. In such event, prices will remain fixed during the term of your initial subscription, and adjusted fees will be applicable only after the term of your new subscription.
The plan is billed in advance on a monthly basis, and usage based fees, which apply if you go over your allotted usage, will be billed as they go.
Payment is processed on the Website, which includes a third-party payment or credit card processor's services. The payment processor's or credit card company's agreement governs your use of the designated account or credit card you provide, and you must refer to that agreement and not these Terms to determine your rights and liabilities relating to such agreement, account and activities. By providing us with your account or credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees due and payable and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the account or credit card use for the payment. All fees are non-refundable and exclusive of any applicable taxes, which the Customer is solely responsible to pay. You will indemnify us for any taxes relating to your purchase or use of the Services, except for taxes relating to our income.
For certain Services, the Service Fees and payment terms may be specified in the Supplemental Terms and/or in any other binding document signed between us, including but not limited to an Order Form, a Scope of Work, or a Master Service Agreement, which are fully incorporated into the Agreement between us.
Termination
Don't go! But if you do, here is what happens after termination.
You may decide to cancel your Account whenever you want, at your sole discretion.
We may do the same, and we reserve the right to suspend or terminate your access to the Services anytime with or without cause, and at our own discretion, with or without notice.
Upon cancellation of your Account, we will use commercially reasonable efforts to delete your information and Content of your own Repositories, whether public or private, within 90 days. We will not delete the Content that you contributed to other Users' Repositories, or copies made by us or other Users.
We also reserve the right to retain your information for legal or regulatory compliance, pursuant to standard archiving, recovery, and back-up processes and practices, and pursuant to our Privacy Policy.
For certain Services, the Service Term and causes for termination may be specified in the Supplemental Terms and/or in any other binding document signed between us, including but not limited to an Order Form, a Scope of Work, or a Master Service Agreement, which are fully incorporated into the Agreement between us.
Confidentiality
What is confidential, stays confidential.
All information relating to these Terms and/or during negotiations before the execution of any binding document that we may share between us shall be treated as confidential (“Confidential Information”).
During the Service Term, and for at least one (1) year thereafter, we expressly agree (i) to maintain the strict confidentiality of such Confidential Information, and to refrain from disclosing such Confidential Information to any third party, except as authorized by the original disclosing party in writing; (ii) to use such Confidential Information only for the purposes of performing its obligations or exercising its rights under this Agreement; and (iii) to use at least a reasonable standard of care in protecting the Confidential Information.
These restrictions on the use or disclosure of Confidential Information shall not apply to any Confidential Information (i) which has been independently developed by the receiving Party, as evidenced by its written records, (ii) which has been lawfully received free of restriction from another source having the right to furnish such Confidential Information; or (iii) after it has become generally available to the public without breach of this section by the receiving Party; or (iv) which at the time of disclosure was already known to the receiving Party, and free of restriction as evidenced by documentation in such Party's possession; or (v) which the disclosing Party confirms in writing is free of such restrictions; or, (vi) which is required to be disclosed in any legal proceeding, upon express request from a governmental or regulatory agency, and/or pursuant to a requirement of law (and only with respect to such disclosure).
Each of us may disclose Confidential Information only to our employees, agents or subcontractors who need it in order to exercise rights or perform obligations under the Agreement, and who are required to protect it against unauthorized disclosure or use in a manner no less protective than required under the Agreement.
Confidential Information is and shall at all times remain the exclusive property of the disclosing Party.
Upon termination or expiration of the Agreement, we ask you to promptly destroy or return all Confidential Information, and we will do the same if you ask us to do so.
Intellectual Property
Let's give credit where it is due, and protect our intellectual property rights!
Proprietary Rights. We retain ownership of all of our intellectual property rights related to the Website and the Services, including all improvements to the Services. All materials that we produce, including the Website, design, code, graphics, interfaces, trademarks, and logo shall remain our exclusive property. You may not alter, reproduce, republish, license any of our proprietary materials, unless we expressly give you a written permission to do so. All rights not expressly granted are reserved and retained by us.
Nothing in these Terms is intended to limit our use of our knowledge, skills, experience, ideas, concepts, know-how and/or techniques developed or learned at any time, without limitation. If you provide us feedback regarding the use, operation, performance, or functionality of our Website, Services, or business (collectively, "Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive right and license to exploit and commercialize the Feedback, improve the Services, and develop and/or commercialize new offerings, which we will solely and exclusively own. In addition and subject to our Privacy Policy, we may aggregate, anonymize, or otherwise learn from data relating to your use of the Services, and use the foregoing to improve those Services.
DMCA Policy. We comply with the Digital Millennium Copyright Act Policy! If you have any claims that any content on our Website violates or infringes your intellectual property rights, you may send your complaint to dmca@huggingface.co with detailed and accurate information supporting your claim. You also represent and warrant that you will not knowingly provide misleading information to support your claim.
Open Source. Certain items provided with the Services may be subject to "open source" or "creative commons" or other similar licenses (collectively, "Open Source"). The Open Source license terms are not intended to be replaced or overridden by the license and other terms of these Terms; however, the limitations of liabilities, disclaimers, and this provision apply to any such Open Source. Nothing in these Terms limit your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Source license. If we (or you) make modifications to Open Source, and if the applicable Open Source requires that such modifications be made available, and we (or you) do not already publish such modifications via the applicable open source community, then modifications will be available on applicable websites.
Supplemental Terms. Certain Services may be governed by specific intellectual property terms which are stated in the Supplemental Terms and/or in any other binding document signed between us, and which are fully incorporated into the Agreement between us.
Privacy
Your privacy is paramount to us, and here is how we respect it.
We will provide the Services in accordance with our Privacy Policy available at: https://huggingface.co/privacy.
Liability
Our worst case scenario.
Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees ("Related Parties")) will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.
Either Party’s (and each Related Party’s) aggregate liability to the other Party or any third party in any circumstance will not exceed the amount that you paid us during the 12-month period immediately preceding the last claim (or $50 if relating to a free service). This limitation will not apply to (i) either party’s liability from fraud, gross negligence, recklessness, or willful or criminal misconduct, (ii) your liability for infringement of our intellectual property rights, (iii) your liability for breach of the confidentiality section, or (iv) amounts you owe us for the service made available as per your payment obligations.
Indemnity
Your worst-case scenario.
You are solely and exclusively responsible for your use of the Services!
In this regard, you agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney's fees, arising out or in connection with your use of (or inability to use) the Services, including but not limited to your violation of these Terms, applicable law or regulation, any Content or data posted or used by you, or any other party's use of any Service with your credentials, unless arising directly from Hugging Face’s fraud, gross negligence, recklessness, or willful or criminal misconduct, provided that we provide you with (i) a prompt written notice of the claim, demand, suit or proceeding, (ii) sole control of the defense and settlement of the claim, demand, suit or proceeding, and (iii) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at its own expense.
Disclaimer of Warranties
There are certain promises that we cannot make...
We provide Services that you may or may not decide to access, use or purchase. In this regard, we make no warranties or representations about these Services.
In other words, except as expressly provided otherwise herein, and to the fullest extent permitted by law, the Services and Content are provided "as is" and "as available".
We disclaim all warranties or guarantees of any kind, express or implied, whether arising under any law or from any usage in trade, or otherwise, including but not limited to the implied warranties of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or otherwise.
We further disclaim all warranties or guarantees about the accuracy, reliability or benefits of any Services, artificial intelligence, Models or any other technology or Content, or that the Services or Content will meet your requirements, be secure, uninterrupted or available at any time or location, or error-free, viruses-free, or that any errors will be corrected, or otherwise.
You will be solely responsible for any damage resulting from your use of or access to the Services, your downloading of Content or data, or use of any other material provided by or through the Services.
Miscellaneous
Almost done! These are important legal terms that you should also read.
Governing law and dispute resolution. These Terms and all matters regarding their interpretation and/or enforcement are governed by the Law of the State of New York, excluding its choice of law rules. If a dispute or claim relating to these Terms arises, we each agree to make a reasonable and good faith effort to agree on an out-of-court solution and to resolve the dispute. If no out-of-court settlement is reached, any related action, lawsuit, or proceeding must be brought and adjudicated exclusively by state or federal courts located in the city of New York, United States of America. Any claim, action, suit or proceeding relating to these Terms must be brought by you within one year of the event that gave rise to the claim or such claim is hereby waived to the maximum extent permitted by law.
Assignment. We may assign or transfer all or part of our rights and obligations under these Terms to an affiliate, successor or any other entity or person without obtaining your prior written consent. Conversely, you may not assign or transfer all or part of your rights and obligations under Terms without obtaining our prior written consent.
Subcontracting. We may subcontract all or part of our obligations under these Terms at our own discretion, and without notifying you. Nothing to worry, since we will bear the same degree of responsibility for acts and omissions of the subcontractors acting on our behalf in the performance of their obligations under these Terms as they would bear if such acts and omissions were performed by us directly.
Changes in law or regulation. If there is any change in law or regulation that would materially restrict or prohibit our ability to provide the Services pursuant to these Terms, we may suspend or cancel the Services, or otherwise amend these Terms.
Export Control and Sanctions. Any Service provided pursuant to these Terms may be subject to export control and sanctions laws of the U.S. and/or other applicable jurisdictions. Therefore, you may only access and use the Service in compliance with U.S. and other applicable export control and sanctions laws and regulations.
Headings. Headings used throughout these Terms are used for convenience and reference only, and have no legal effect, nor shall affect the interpretation of these Terms.
Entire Agreement. These Terms, together with all of the terms, policies and notices available at https://huggingface.co, or any other binding documents we provide, or agreements provided or executed by us, constitute the entire agreement between us, and supersedes all previous negotiations, proposals, commitments, writings, oral statement and understanding of any nature whatsoever. Any standard form purchase order or similar document you provided us or reference in any payment is expressly rejected if it differs from, or adds to, these Terms.
Order of Precedence. In the event of a conflict between provisions arising out of any documents included in the Agreement, the order of precedence will be as follows, unless expressly stated otherwise: (i) the applicable Order Form if any; (ii) the applicable Scope of Work if any; (iii) any other binding document signed between us; (iv) the Supplemental Terms; (v) these Terms of Service; (vi) all other documents or policies incorporated by reference in the Agreement.
Severability. If any provision of these Terms, by action of law or for any other reason, is held to be prohibited, invalid, void or unenforceable in any relevant jurisdiction, such provision will be stricken, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. The failure, in one or more instances, to perform any of the terms or conditions of these Terms, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such terms or conditions, or the future exercise of such right, and the obligations of under these Terms with respect to such performance shall continue in full force and effect.
Survival. The termination or expiration of these Terms shall not relieve from any obligation (i) that may have arisen prior to such termination or expiration, or (ii) that needs to survive termination or expiration in order to give full effect to its meaning, including without limitation payment obligations, confidentiality obligations, limitation of liability, warranty disclaimers, indemnities, governing law and dispute resolution, miscellaneous, and definitions.
Execution. Each Party represents and warrants that (i) it possesses the legal right and capacity to enter into, execute, deliver and perform the Agreement; (ii) the individual signing the Agreement on the Party’s behalf has full power and authority to bind the Party to the terms and conditions set out in this Agreement; and (iii) the Agreement is a valid and binding obligation of that Party. You agree that an electronic signature shall have the same force and effect as manual signatures.
HUGO LICENSE - December 19, 2003
--------------------------------
Copyright (c) 2003 by Kent Tessman
The General Coffee Company Film Productions
1. Definitions
"Copyright Holder" refers to Kent Tessman.
"End User" refers to a user of the Software.
"End User Program" refers to a computer program created by an End
User, written using the Hugo Programming Language and compiled using
the Hugo Compiler.
"Hugo" refers to the Hugo Interactive Fiction Development System, created
by the Copyright Holder.
"Hugo Programming Language" refers to the Hugo programming language and
its characteristic syntax.
"Hugo Source Code" refers to the human-readable source code of the
Software.
"License" refers to this license.
"Software" refers to the Hugo Compiler, the Hugo Engine, the Hugo
Debugger, the Hugo Library, and any other related programs or files.
2. Ownership and Grant of Rights
2.1 Hugo is the property of the Copyright Holder. The Copyright Holder
retains its copyright in the Software, without limitation.
2.2 The Copyright Holder grants to the End User the right to use the
Software solely for the purposes of:
(a) running programs created with the Software; and
(b) creating End User Programs.
2.3 End User Programs are the property of the End User.
3. Provision of the Hugo Source Code
3.1 The Copyright Holder has made available to the End User the Hugo
Source Code for the purposes of:
(a) porting the Software to operating systems for which the
Software is not yet available; and
(b) investigating the functionality of the Software.
3.2 In no way does the Copyright Holder's act of making available the
Hugo Source code reduce or otherwise affect in any way its rights in
the Hugo Source Code.
4. Modification and Distribution
4.1 Distribution of the Software or the Hugo Source Code, in whole or
in part, in a modified form without the express written consent of the
Copyright Holder is prohibited.
4.2 Distribution of the Software or the Hugo Source Code, in whole or
in part, for profit or other commercial intent or monetary transaction
without the express written consent of the Copyright Holder is
prohibited.
4.3 This License must be distributed with any distribution of the
Software or the Hugo Source Code.
5. Warranty
The Software and the Hugo Source Code are provided "as is" without
warranty of any kind, either expressed or implied, including but not
limited to the implied warranties of merchantability and fitness for a
particular purpose. In no event shall the Copyright Holder or The
General Coffee Company Film Productions or any other related or
unrelated party be liable to the End User or any other individual or
entity for damages arising out of the use or inability to use these or
other programs. Use of the Software indicates acceptance of these
terms.
Permission is granted to anyone to use this Software free of charge for any purpose, including commercial applications, and to redistribute it, provided that the warranty disclaimer is accepted and the following conditions are met:
All redistributions must keep the original package intact. No file may be removed or modified. Especially you must retain all copyright notices that are currently in place, and this license without modification.
The origin of this Software must not be misrepresented; you must not claim that you wrote the original Software.
You may distribute this Software using any medium you see fit, provided you do not charge the user for the Software itself (see details below). Allowed distribution channels include magazine's addon CDs / DVDs / other addon media, download portals, your personal website, or other distribution media, if the following conditions are met:
No payment before downloads and no wrapper installers that have ads or install adware / spyware.
Ads on the pages of your download portal or website are acceptable.
Explicitly allowed is payed content, as typical for printed magazines or books, where the Software is an addon (and not the main content). If it is a digital magazine or e-book, please notify your readers in a freely accessible part, that the Software is Freeware and optionally provide a link to http://mh-nexus.de/hxd .
If you want to bundle HxD with other commerical /payed products, please contact me.
HyperCLOVA X SEED Model License Agreement
Model Release Date: April 24, 2025
This HyperCLOVA X SEED Model License Agreement (the “Agreement”) is a legal agreement between you and NAVER Corporation and NAVER Cloud Corporation (“NAVER”) and governs your use of the Models that NAVER provides to You under this Agreement.
NAVER Corp., as the holder of the intellectual property of the Model, and its affiliate, NAVER Cloud Corp., as the exclusive business operator of HyperCLOVA X, enter into this Agreement with you. NAVER and you are each a “party” and collectively the “parties.”
By using, reproducing, modifying, distributing, performing or displaying any portion or element of the Model or Derivative Model, or otherwise accepting the terms of this Agreement, you agree to be bound by this Agreement. You represent to us that you are lawfully able to enter into contracts, and if you are entering into this Agreement for an entity, that you have legal authority to bind that entity.
1. Definitions.
1.1. "Affiliate” means any entity directly or indirectly controlling, controlled by or under common control with either party, where “control” means the possession, directly or indirectly, of the power to independently direct or cause the direction of the management and policies of an entity, whether through ownership of more than fifty percent (50%) of the stock or other equity interests entitled to vote for representation on its board of directors, or body performing similar functions, by contract or otherwise.
1.2. “Derivative Model” means all (i) modifications to the Model, (ii) works based on the Model, or (iii) any other machine learning model which is created by transfer of patterns of the weights, parameters, operations, or Output of the Model, to that model in order to cause that model to perform similarly to the Model, including distillation methods that use intermediate data representations or methods based on the generation of synthetic data Outputs by the Model for training that Model. For clarity, Outputs are not deemed Derivative Model.
1.3. “Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.
1.4. “Model” means the foundational large language models and software and algorithms, including machine-learning model code and trained model weights distributed by NAVER.
1.5. “Output” means the information content output of the Model or a Derivative Model that results from operating or otherwise using the Model or Derivative Models.
2. Conditions for Use, License Grant and Restrictions
2.1. Conditions for Use. The Model and any Derivative Model are subject to the terms of this Agreement and govern your use. If You institute copyright or patent litigation against any entity (including a crossclaim or counterclaim in a lawsuit) alleging that the Model or a Derivative Model constitutes direct or contributory copyright or patent infringement, then any license granted to you under this Agreement for that Model or Derivative Model will terminate as of the date such litigation is filed. NAVER may update this Agreement to comply with legal and regulatory requirements any time and You agree to either comply with any updated license or cease your copying, use, and distribution of the Model and any Derivative Model.
2.2. License Grant. Subject to the terms and conditions of this Agreement, NAVER hereby grants to you a non-exclusive, worldwide, non-transferable, revocable and royalty-free limited license under NAVER’s intellectual property or other rights owned by NAVER embodied in the Model to access, download, install, copy, use, reproduce, distribute, create derivative works of, and make modifications to the Model.
2.3. Prohibited Use Policy. NAVER is committed to safety, trust and transparency in AI development. NAVER encourages You to (i) ensure that the product or service you develop, use, offer as a service or distributes meets the legal and ethical requirements of the relevant industry or use case, (ii) take reasonable measures to address unintended bias and to mitigate harm to others, including underrepresented or vulnerable groups, and (iii) inform users of the nature and limitations of the product or service. NAVER expressly prohibits the use of its products or services for any purpose in violation of applicable law and regulation, including but not limited to (a) illegal surveillance, (b) illegal collection or processing of biometric information without the consent of the subject where required under applicable law, or (c) illegal harassment, abuse, threatening or bullying of individuals or groups of individuals or intentionally misleading or deceiving others.
3. Redistribution.
3.1. You may reproduce, distribute or make available the Model or Derivative Models thereof, or a product or service (including another AI model) that contains any of them, if you meet all of the following conditions: you must (i) include the Prohibited Use Policy referenced in Section 2.3. as an enforceable provision in any agreement (e.g., license agreement, terms of use, etc.) governing the use and/or distribution of the Model or Derivative Model and you must provide notice to subsequence users you distribute to the Model or Derivative Models are subject to the use restrictions in Section 2.3., (ii) provide all third party recipients of the Model or Derivative Models a copy of this Agreement, (iii) cause any modified files to carry prominent notices stating that you modified the files; (iv) include the following attribution notice within a “Notice” text file distributed as part of such copies: “HyperCLOVA X SEED Model is licensed under the HyperCLOVA X SEED Model License Agreement, Copyright © NAVER Corp. All Rights Reserved.”, and (v) prominently display “Powered by HyperCLOVA X” on a related website, user interface, blogpost, about page, or product documentation. If you use the Model or any Outputs of the Model to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “HyperCLOVA X” at the beginning of any such AI model name.
3.2. You may add your own copyright statement to your modifications and, except as set forth in this Section, may provide additional or different license terms and conditions for use, reproduction, or distribution of your modifications, or for any such Derivative Models as a whole, provided your use, reproduction, and distribution of the Model or Derivative Models otherwise comply with the terms and conditions stated in this Agreement. Any additional or different terms and conditions you impose must not conflict with the terms of this Agreement.
4. Additional Commercial Terms. If (i) as of the Model Release Date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s Affiliates, is greater than 10 million monthly active users in the preceding calendar month, or (ii) the Licensee or its Affiliate distributes or makes available any product or service, which is substantially similar to or directly competes with any product and service provided by NAVER, then the Licensee must request a license from NAVER. Such license may be granted by NAVER at its sole discretion, and the Licensee is not authorized to exercise any rights under this Agreement unless and until NAVER expressly grants you such rights.
5. Generated Output. NAVER claims no rights in Outputs you generate using the Model. You and your use are solely responsible for Outputs and their subsequent uses.
6. DISCLAIMER OF WARRANTY. UNLESS REQUIRED BY APPLICABLE LAW, THE MODEL AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, AND NAVER DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE MODEL, DERIVATIVE MODELS, OUTPUTS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE MODEL AND ANY OUTPUTS AND RESULTS AND YOUR EXERCISE OF PERMISSION UNDER THIS AGREEMENT.
7. LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS IN CASES OF DELIBERATE AND GROSSLY NEGLIGENT ACTS), WILL NAVER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND, ARISING FROM OR RELATED TO THIS AGREEMENT, OR RESULTING FROMTHE USE OR INABILITY TO USE THE MODEL, DERIVATIVE MODELS OR, OUTPUTS (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGES, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF NAVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnity. You will indemnify and hold harmless NAVER from and against any claim by any third party arising out of or related to your use or distribution of the Model, Derivative Model or Outputs.
9. Intellectual Property.
9.1. This Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of NAVER, except as required for reasonable and customary use in describing the origin of the Model and reproducing the content of the “Notice” text file.
9.2. NAVER Corp. owns the Model and any Derivative Model created by NAVER Corp. Except as expressively granted in this Agreement, NAVER Corp. reserves all rights, interests and remedies in connection with the Model and Derivative Model created by NAVER Corp. and no other license or right is granted to you by implication, estoppel or otherwise. Subject to NAVER Corp.’s ownership of the Model and any Derivative Model made by or for NAVER Corp., with respect to any derivative works and modifications of the Model that are made by you, as between you and NAVER Corp., you are and will be the owner of such derivative works and modifications.
10. Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Model and will continue in full force and effect until terminated in accordance with the terms and conditions of this Agreement. NAVER may terminate this Agreement if you breach any of the terms or conditions of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Model and Derivative Model. Section 5, 6, 7 and 10 shall survive the termination of this Agreement.
11. Governing Law and Jurisdiction.
11.1. This Agreement will be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflicts of laws principles.
11.2. Any disputes, controversies, or claims arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration administered by the Korean Commercial Arbitration Board (KCAB) in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board in force at the time of the commencement of the arbitration. The seat of arbitration shall be Seoul, Republic of Korea. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English. Either party may seek interim or provisional relief from a court of competent jurisdiction, and doing so shall not be considered a waiver of any provision in this section. The arbitral tribunal also has the authority to issue orders for interim or provisional relief.
12. Modifications. NAVER reserves the right to modify or amend this Agreement at any time, in its sole discretion. Any modifications will be effective upon posting the updated Agreement on our website or through other means of communication. You are responsible for reviewing the Agreement periodically for changes.
13. No Waiver. NAVER will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
In addition, as a special exception, XXXX gives permission to link the code of
this program with the proprietary Java implementation provided by Sun (or other
vendors as well), and distribute linked combinations including the two.
You must obey the GNU General Public License in all respects for all of the code
used other than the proprietary Java implementation. If you modify this file,
you may extend this exception to your version of the file, but you are not
obligated to do so. If you do not wish to do so, delete this exception statement
from your version.
Use of this program, for any purpose, is granted the author,
Ian Kaplan, as long as this copyright notice is included in
the source code or any source code derived from this program.
The user assumes all responsibility for using this code.
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the 'Software'),
to deal in the Software without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, provided that the above copyright notice(s) and this
permission notice appear in all copies of the Software. Acknowledgement
of the use of this Software in supporting documentation would be
appreciated but is not required.
THE SOFTWARE IS PROVIDED 'AS IS'. USE ENTIRELY AT YOUR OWN RISK.
This source and object code has been made available to you by IBM on an
AS-IS basis.
IT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OF NONINFRINGEMENT
OF THIRD PARTY RIGHTS. IN NO EVENT SHALL IBM OR ITS LICENSORS BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. IBMS OR ITS LICENSORS
DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, AT LAW OR
AT EQUITY, SHALL BE LIMITED TO A MAXIMUM OF $1,000 PER LICENSE. No license
under IBM patents or patent applications is to be implied by the copyright
license.
Any user of this software should understand that neither IBM nor its
licensors will be responsible for any consequences resulting from the use
of this software.
Any person who transfers this source code or any derivative work must
include the IBM copyright notice, this paragraph, and the preceding two
paragraphs in the transferred software.
Any person who transfers this object code or any derivative work must
include the IBM copyright notice in the transferred software.
COPYRIGHT I B M CORPORATION 2000
LICENSED MATERIAL - PROGRAM PROPERTY OF I B M"
LICENSE INFORMATION
The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the International Program License Agreement (Z125-3301-14) applies.
Program Name (Program Number):
IBM Data Server Driver for .NET Core 3.1 (Tool)
The following standard terms apply to Licensee's use of the Program.
Limited use right
As described in the International Program License Agreement ("IPLA") and this License Information, IBM grants Licensee a limited right to use the Program. This right is limited to the level of Authorized Use, such as a Processor Value Unit ("PVU"), a Resource Value Unit ("RVU"), a Value Unit ("VU"), or other specified level of use, paid for by Licensee as evidenced in the Proof of Entitlement. Licensee's use may also be limited to a specified machine, or only as a Supporting Program, or subject to other restrictions. As Licensee has not paid for all of the economic value of the Program, no other use is permitted without the payment of additional fees. In addition, Licensee is not authorized to use the Program to provide commercial IT services to any third party, to provide commercial hosting or timesharing, or to sublicense, rent, or lease the Program unless expressly provided for in the applicable agreements under which Licensee obtains authorizations to use the Program. Additional rights may be available to Licensee subject to the payment of additional fees or under different or supplementary terms. IBM reserves the right to determine whether to make such additional rights available to Licensee.
Specifications
Program's specifications can be found in the collective Description and Technical Information sections of the Program's Announcement Letters.
Prohibited Uses
Licensee may not use or authorize others to use the Program if failure of the Program could lead to death, bodily injury, or property or environmental damage.
Redistributables
If the Program includes components that are Redistributable, they will be identified in the REDIST file that accompanies the Program. In addition to the license rights granted in the Agreement, Licensee may distribute the Redistributables subject to the following terms:
1) Redistribution must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying REDIST or documentation;
2) If the Program's accompanying documentation expressly allows Licensee to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation and these modifications, if any, must be treated as Redistributables;
3) Redistributables may be distributed only as part of Licensee's application that was developed using the Program ("Licensee's Application") and only to support Licensee's customers in connection with their use of Licensee's Application. Licensee's Application must constitute significant value add such that the Redistributables are not a substantial motivation for the acquisition by end users of Licensee's software product;
4) If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application, unless the Application is designed to run only on general computer devices (for example, laptops, desktops and servers) and not on handheld or other pervasive devices (i.e., devices that contain a microprocessor but do not have computing as their primary purpose);
5) Licensee may not remove any copyright or notice files contained in the Redistributables;
6) Licensee must hold IBM, its suppliers or distributors harmless from and against any claim arising out of the use or distribution of Licensee's Application;
7) Licensee may not use the same path name as the original Redistributable files/modules;
8) Licensee may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent;
9) IBM, its suppliers and distributors provide the Redistributables and related documentation without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
10) Licensee is responsible for all technical assistance for Licensee's Application and any modifications to the Redistributables; and
11) Licensee's license agreement with the end user of Licensee's Application must notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Licensee's Application, ii) copied (except for backup purposes), iii) further distributed or transferred without Licensee's Application or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. Furthermore, Licensee's license agreement must be at least as protective of IBM as the terms of this Agreement.
L/N: L-SAZZ-BPMKSH
D/N: L-SAZZ-BPMKSH
P/N: L-SAZZ-BPMKSH
International Program License Agreement
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
* DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE PROGRAM; AND
* PROMPTLY RETURN THE UNUSED MEDIA, DOCUMENTATION, AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM IT WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE PROGRAM WAS DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.
1. Definitions
"Authorized Use" - the specified level at which Licensee is authorized to execute or run the Program. That level may be measured by number of users, millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other level of use specified by IBM.
"IBM" - International Business Machines Corporation or one of its subsidiaries.
"License Information" ("LI") - a document that provides information and any additional terms specific to a Program. The Program's LI is available at www.ibm.com/software/sla. The LI can also be found in the Program's directory, by the use of a system command, or as a booklet included with the Program.
"Program" - the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, files, and modules, 3) audio-visual content (such as images, text, recordings, or pictures), and 4) related licensed materials (such as keys and documentation).
"Proof of Entitlement" ("PoE") - evidence of Licensee's Authorized Use. The PoE is also evidence of Licensee's eligibility for warranty, future update prices, if any, and potential special or promotional opportunities. If IBM does not provide Licensee with a PoE, then IBM may accept as the PoE the original paid sales receipt or other sales record from the party (either IBM or its reseller) from whom Licensee obtained the Program, provided that it specifies the Program name and Authorized Use obtained.
"Warranty Period" - one year, starting on the date the original Licensee is granted the license.
2. Agreement Structure
This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), the LI, and the PoE and is the complete agreement between Licensee and IBM regarding the use of the Program. It replaces any prior oral or written communications between Licensee and IBM concerning Licensee's use of the Program. The terms of Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI prevails over both Parts.
3. License Grant
The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.
IBM grants Licensee a nonexclusive license to 1) use the Program up to the Authorized Use specified in the PoE, 2) make and install copies to support such Authorized Use, and 3) make a backup copy, all provided that
a. Licensee has lawfully obtained the Program and complies with the terms of this Agreement;
b. the backup copy does not execute unless the backed-up Program cannot execute;
c. Licensee reproduces all copyright notices and other legends of ownership on each copy, or partial copy, of the Program;
d. Licensee ensures that anyone who uses the Program (accessed either locally or remotely) 1) does so only on Licensee's behalf and 2) complies with the terms of this Agreement;
e. Licensee does not 1) use, copy, modify, or distribute the Program except as expressly permitted in this Agreement; 2) reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver; 3) use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from that Program; or 4) sublicense, rent, or lease the Program; and
f. if Licensee obtains this Program as a Supporting Program, Licensee uses this Program only to support the Principal Program and subject to any limitations in the license to the Principal Program, or, if Licensee obtains this Program as a Principal Program, Licensee uses all Supporting Programs only to support this Program, and subject to any limitations in this Agreement. For purposes of this Item "f," a "Supporting Program" is a Program that is part of another IBM Program ("Principal Program") and identified as a Supporting Program in the Principal Program's LI. (To obtain a separate license to a Supporting Program without these restrictions, Licensee should contact the party from whom Licensee obtained the Supporting Program.)
This license applies to each copy of the Program that Licensee makes.
3.1 Trade-ups, Updates, Fixes, and Patches
3.1.1 Trade-ups
If the Program is replaced by a trade-up Program, the replaced Program's license is promptly terminated.
3.1.2 Updates, Fixes, and Patches
When Licensee receives an update, fix, or patch to a Program, Licensee accepts any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.
3.2 Fixed Term Licenses
If IBM licenses the Program for a fixed term, Licensee's license is terminated at the end of the fixed term, unless Licensee and IBM agree to renew it.
3.3 Term and Termination
This Agreement is effective until terminated.
IBM may terminate Licensee's license if Licensee fails to comply with the terms of this Agreement.
If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies of the Program. Any terms of this Agreement that by their nature extend beyond termination of this Agreement remain in effect until fulfilled, and apply to both parties' respective successors and assignees.
4. Charges
Charges are based on Authorized Use obtained, which is specified in the PoE. IBM does not give credits or refunds for charges already due or paid, except as specified elsewhere in this Agreement.
If Licensee wishes to increase its Authorized Use, Licensee must notify IBM or an authorized IBM reseller in advance and pay any applicable charges.
5. Taxes
If any authority imposes on the Program a duty, tax, levy, or fee, excluding those based on IBM's net income, then Licensee agrees to pay that amount, as specified in an invoice, or supply exemption documentation. Licensee is responsible for any personal property taxes for the Program from the date that Licensee obtains it. If any authority imposes a customs duty, tax, levy, or fee for the import into or the export, transfer, access, or use of the Program outside the country in which the original Licensee was granted the license, then Licensee agrees that it is responsible for, and will pay, any amount imposed.
6. Money-back Guarantee
If Licensee is dissatisfied with the Program for any reason and is the original Licensee, Licensee may terminate the license and obtain a refund of the amount Licensee paid for the Program, provided that Licensee returns the Program and PoE to the party from whom Licensee obtained it within 30 days of the date the PoE was issued to Licensee. If the license is for a fixed term that is subject to renewal, then Licensee may obtain a refund only if the Program and its PoE are returned within the first 30 days of the initial term. If Licensee downloaded the Program, Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the refund.
7. Program Transfer
Licensee may transfer the Program and all of Licensee's license rights and obligations to another party only if that party agrees to the terms of this Agreement. If the license is terminated for any reason by either party, Licensee is prohibited from transferring the Program to another party. Licensee may not transfer a portion of 1) the Program or 2) the Program's Authorized Use. When Licensee transfers the Program, Licensee must also transfer a hard copy of this Agreement, including the LI and PoE. Immediately after the transfer, Licensee's license terminates.
8. Warranty and Exclusions
8.1 Limited Warranty
IBM warrants that the Program, when used in its specified operating environment, will conform to its specifications. The Program's specifications, and specified operating environment information, can be found in documentation accompanying the Program (such as a read-me file) or other information published by IBM (such as an announcement letter). Licensee agrees that such documentation and other Program content may be supplied only in the English language, unless otherwise required by local law without the possibility of contractual waiver or limitation.
The warranty applies only to the unmodified portion of the Program. IBM does not warrant uninterrupted or error-free operation of the Program, or that IBM will correct all Program defects. Licensee is responsible for the results obtained from the use of the Program.
During the Warranty Period, IBM provides Licensee with access to IBM databases containing information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge. Consult the IBM Software Support Handbook for further information at www.ibm.com/software/support.
If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the IBM databases, Licensee may return the Program and its PoE to the party (either IBM or its reseller) from whom Licensee obtained it and receive a refund of the amount Licensee paid. After returning the Program, Licensee's license terminates. If Licensee downloaded the Program, Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the refund.
8.2 Exclusions
THESE WARRANTIES ARE LICENSEE'S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
THE WARRANTIES IN THIS SECTION 8 (WARRANTY AND EXCLUSIONS) ARE PROVIDED SOLELY BY IBM. THE DISCLAIMERS IN THIS SUBSECTION 8.2 (EXCLUSIONS), HOWEVER, ALSO APPLY TO IBM'S SUPPLIERS OF THIRD PARTY CODE. THOSE SUPPLIERS PROVIDE SUCH CODE WITHOUT WARRANTIES OR CONDITION OF ANY KIND. THIS PARAGRAPH DOES NOT NULLIFY IBM'S WARRANTY OBLIGATIONS UNDER THIS AGREEMENT.
9. Licensee Data and Databases
To assist Licensee in isolating the cause of a problem with the Program, IBM may request that Licensee 1) allow IBM to remotely access Licensee's system or 2) send Licensee information or system data to IBM. However, IBM is not obligated to provide such assistance unless IBM and Licensee enter a separate written agreement under which IBM agrees to provide to Licensee that type of support, which is beyond IBM's warranty obligations in this Agreement. In any event, IBM uses information about errors and problems to improve its products and services, and assist with its provision of related support offerings. For these purposes, IBM may use IBM entities and subcontractors (including in one or more countries other than the one in which Licensee is located), and Licensee authorizes IBM to do so.
Licensee remains responsible for 1) any data and the content of any database Licensee makes available to IBM, 2) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data (including any personally-identifiable data), and 3) backup and recovery of any database and any stored data. Licensee will not send or provide IBM access to any personally-identifiable information, whether in data or any other form, and will be responsible for reasonable costs and other amounts that IBM may incur relating to any such information mistakenly provided to IBM or the loss or disclosure of such information by IBM, including those arising out of any third party claims.
10. Limitation of Liability
The limitations and exclusions in this Section 10 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.
10.1 Items for Which IBM May Be Liable
Circumstances may arise where, because of a default on IBM's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that is the subject of the claim.
This limit also applies to any of IBM's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.
10.2 Items for Which IBM Is Not Liable
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
a. LOSS OF, OR DAMAGE TO, DATA;
b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
11. Compliance Verification
For purposes of this Section 11 (Compliance Verification), "IPLA Program Terms" means 1) this Agreement and applicable amendments and transaction documents provided by IBM, and 2) IBM software policies that may be found at the IBM Software Policy website (www.ibm.com/softwarepolicies), including but not limited to those policies concerning backup, sub-capacity pricing, and migration.
The rights and obligations set forth in this Section 11 remain in effect during the period the Program is licensed to Licensee, and for two years thereafter.
11.1 Verification Process
Licensee agrees to create, retain, and provide to IBM and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Licensee's use of all Programs is in compliance with the IPLA Program Terms, including, without limitation, all of IBM's applicable licensing and pricing qualification terms. Licensee is responsible for 1) ensuring that it does not exceed its Authorized Use, and 2) remaining in compliance with IPLA Program Terms.
Upon reasonable notice, IBM may verify Licensee's compliance with IPLA Program Terms at all sites and for all environments in which Licensee uses (for any purpose) Programs subject to IPLA Program Terms. Such verification will be conducted in a manner that minimizes disruption to Licensee's business, and may be conducted on Licensee's premises, during normal business hours. IBM may use an independent auditor to assist with such verification, provided IBM has a written confidentiality agreement in place with such auditor.
11.2 Resolution
IBM will notify Licensee in writing if any such verification indicates that Licensee has used any Program in excess of its Authorized Use or is otherwise not in compliance with the IPLA Program Terms. Licensee agrees to promptly pay directly to IBM the charges that IBM specifies in an invoice for 1) any such excess use, 2) support for such excess use for the lesser of the duration of such excess use or two years, and 3) any additional charges and other liabilities determined as a result of such verification.
12. Third Party Notices
The Program may include third party code that IBM, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code ("Third Party Notices") are included for Licensee's information only. These notices can be found in the Program's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.
13. General
a. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its shipping and delivery obligations upon the delivery of such Programs to the IBM-designated carrier, unless otherwise agreed to in writing by Licensee and IBM.
c. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
d. Licensee agrees to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
e. Licensee authorizes International Business Machines Corporation and its subsidiaries (and their successors and assigns, contractors and IBM Business Partners) to store and use Licensee's business contact information wherever they do business, in connection with IBM products and services, or in furtherance of IBM's business relationship with Licensee.
f. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.
g. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
h. Neither Licensee nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
i. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except as permitted in Subsection 10.1 (Items for Which IBM May Be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
j. In entering into this Agreement, neither party is relying on any representation not specified in this Agreement, including but not limited to any representation concerning: 1) the performance or function of the Program, other than as expressly warranted in Section 8 (Warranty and Exclusions) above; 2) the experiences or recommendations of other parties; or 3) any results or savings that Licensee may achieve.
k. IBM has signed agreements with certain organizations (called "IBM Business Partners") to promote, market, and support certain Programs. IBM Business Partners remain independent and separate from IBM. IBM is not responsible for the actions or statements of IBM Business Partners or obligations they have to Licensee.
l. The license and intellectual property indemnification terms of Licensee's other agreements with IBM (such as the IBM Customer Agreement) do not apply to Program licenses granted under this Agreement.
14. Geographic Scope and Governing Law
14.1 Governing Law
Both parties agree to the application of the laws of the country in which Licensee obtained the Program license to govern, interpret, and enforce all of Licensee's and IBM's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Jurisdiction
All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license.
Part 2 - Country-unique Terms
For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is organized as follows:
* Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction);
* Americas country amendments to other Agreement terms;
* Asia Pacific country amendments to other Agreement terms; and
* Europe, Middle East, and Africa country amendments to other Agreement terms.
Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction)
14.1 Governing Law
The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 14.1 Governing Law is replaced by the following phrases in the countries below:
AMERICAS
(1) In Canada: the laws in the Province of Ontario;
(2) in Mexico: the federal laws of the Republic of Mexico;
(3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New York, United States;
(4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;
ASIA PACIFIC
(5) in Cambodia and Laos: the laws of the State of New York, United States;
(6) in Australia: the laws of the State or Territory in which the transaction is performed;
(7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative Region ("SAR");
(8) in Taiwan: the laws of Taiwan;
EUROPE, MIDDLE EAST, AND AFRICA
(9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria;
(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the laws of France;
(11) in Estonia, Latvia, and Lithuania: the laws of Finland;
(12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and
(13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of South Africa.
14.2 Jurisdiction
The following paragraph pertains to jurisdiction and replaces Subsection 14.2 (Jurisdiction) as it applies for those countries identified below:
All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license except that in the countries identified below all disputes arising out of or related to this Agreement, including summary proceedings, will be brought before and subject to the exclusive jurisdiction of the following courts of competent jurisdiction:
AMERICAS
(1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires;
(2) in Brazil: the court of Rio de Janeiro, RJ;
(3) in Chile: the Civil Courts of Justice of Santiago;
(4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as applicable);
(5) in Mexico: the courts located in Mexico City, Federal District;
(6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;
(7) in Uruguay: the courts of the city of Montevideo;
(8) in Venezuela: the courts of the metropolitan area of the city of Caracas;
EUROPE, MIDDLE EAST, AND AFRICA
(9) in Austria: the court of law in Vienna, Austria (Inner-City);
(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of Paris;
(11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;
(12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in Johannesburg;
(13) in Greece: the competent court of Athens;
(14) in Israel: the courts of Tel Aviv-Jaffa;
(15) in Italy: the courts of Milan;
(16) in Portugal: the courts of Lisbon;
(17) in Spain: the courts of Madrid; and
(18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey.
14.3 Arbitration
The following paragraph is added as a new Subsection 14.3 (Arbitration) as it applies for those countries identified below. The provisions of this Subsection 14.3 prevail over those of Subsection 14.2 (Jurisdiction) to the extent permitted by the applicable governing law and rules of procedure:
ASIA PACIFIC
(1) In Cambodia, India, Laos, Philippines, and Vietnam:
Disputes arising out of or in connection with this Agreement will be finally settled by arbitration which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings will be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.
(2) In the People's Republic of China:
In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this agreement will continue to be performed except for the part which the parties are disputing and which is undergoing arbitration.
(3) In Indonesia:
Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, i) neither party will bring a legal action, regardless of form, arising out of or related to this Agreement or any transaction under it more than two years after the cause of action arose; and ii) after such time limit, any legal action arising out of this Agreement or any transaction under it and all respective rights related to any such action lapse.
Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration that shall be held in Jakarta, Indonesia in accordance with the rules of Board of the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia or "BANI") then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the chairman of the BANI. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents presented in such proceedings, in the English and/or Indonesian language.
EUROPE, MIDDLE EAST, AND AFRICA
(4) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
All disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation.
(5) In Estonia, Latvia, and Lithuania:
All disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman.
AMERICAS COUNTRY AMENDMENTS
CANADA
10.1 Items for Which IBM May be Liable
The following replaces Item 1 in the first paragraph of this Subsection 10.1 (Items for Which IBM May be Liable):
1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and
13. General
The following replaces Item 13.d:
d. Licensee agrees to comply with all applicable export and import laws and regulations, including those of that apply to goods of United States origin and that prohibit or limit export for certain uses or to certain users.
The following replaces Item 13.i:
i. No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable to that third party.
The following is added as Item 13.m:
m. For purposes of this Item 13.m, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other:
(1) General
(a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws").
(b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available.
(2) Security Safeguards
(a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.
(b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other.
(c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.
(d) Additional or different services required to comply with the Laws will be deemed a request for new services.
(3) Use
Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.
(4) Access Requests
(a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.
(b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.
(c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.
(5) Retention
Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law.
(6) Public Bodies Who Are Subject to Public Sector Privacy Legislation
For Licensees who are public bodies subject to public sector privacy legislation, this Item 13.m applies only to Personal Data made available to Licensee in connection with this Agreement, and the obligations in this section apply only to Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in (1)(b) do not apply.
PERU
10. Limitation of Liability
The following is added to the end of this Section 10 (Limitation of Liability):
Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action.
10.1 Items for Which IBM May be Liable
The following is added at the end of this Subsection 10.1:
In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable").
UNITED STATES OF AMERICA
5. Taxes
The following is added at the end of this Section 5 (Taxes)
For Programs delivered electronically in the United States for which Licensee claims a state sales and use tax exemption, Licensee agrees not to receive any tangible personal property (e.g., media and publications) associated with the electronic program.
Licensee agrees to be responsible for any sales and use tax liabilities that may arise as a result of Licensee's subsequent redistribution of Programs after delivery by IBM.
13. General
The following is added to Section 13 as Item 13.m:
U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.
The following is added to Item 13.f:
Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement.
ASIA PACIFIC COUNTRY AMENDMENTS
AUSTRALIA
5. Taxes
The following sentences replace the first two sentences of Section 5 (Taxes):
If any government or authority imposes a duty, tax (other than income tax), levy, or fee, on this Agreement or on the Program itself, that is not otherwise provided for in the amount payable, Licensee agrees to pay it when IBM invoices Licensee. If the rate of GST changes, IBM may adjust the charge or other amount payable to take into account that change from the date the change becomes effective.
8.1 Limited Warranty
The following is added to Subsection 8.1 (Limited Warranty):
The warranties specified this Section are in addition to any rights Licensee may have under the Competition and Consumer Act 2010 or other legislation and are only limited to the extent permitted by the applicable legislation.
10.1 Items for Which IBM May be Liable
The following is added to Subsection 10.1 (Items for Which IBM May be Liable):
Where IBM is in breach of a condition or warranty implied by the Competition and Consumer Act 2010, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
HONG KONG SAR, MACAU SAR, AND TAIWAN
As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following:
(1) In Hong Kong SAR: "Hong Kong SAR"
(2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1)
(3) In Taiwan: "Taiwan."
INDIA
10.1 Items for Which IBM May be Liable
The following replaces the terms of Items 1 and 2 of the first paragraph:
1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by Licensee for the individual Program that is the subject of the claim.
13. General
The following replaces the terms of Item 13.g:
If no suit or other legal action is brought, within three years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.
INDONESIA
3.3 Term and Termination
The following is added to the last paragraph:
Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations.
JAPAN
13. General
The following is inserted after Item 13.f:
Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.
MALAYSIA
10.2 Items for Which IBM Is not Liable
The word "SPECIAL" in Item 10.2b is deleted.
NEW ZEALAND
8.1 Limited Warranty
The following is added:
The warranties specified in this Section are in addition to any rights Licensee may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if Licensee requires the goods for the purposes of a business as defined in that Act.
10. Limitation of Liability
The following is added:
Where Programs are not obtained for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA
4. Charges
The following is added:
All banking charges incurred in the People's Republic of China will be borne by Licensee and those incurred outside the People's Republic of China will be borne by IBM.
PHILIPPINES
10.2 Items for Which IBM Is not Liable
The following replaces the terms of Item 10.2b:
b. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or
SINGAPORE
10.2 Items for Which IBM Is not Liable
The words "SPECIAL" and "ECONOMIC" are deleted from Item 10.2b.
13. General
The following replaces the terms of Item 13.i:
Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 10 above (Limitation of Liability), a person who is not a party to this Agreement will have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.
TAIWAN
8.1 Limited Warranty
The last paragraph is deleted.
10.1 Items for Which IBM May Be Liable
The following sentences are deleted:
This limit also applies to any of IBM's subcontractors and Program developers. It is the maximum for which IBM and its subcontractors and Program developers are collectively responsible.
EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS
EUROPEAN UNION MEMBER STATES
8. Warranty and Exclusions
The following is added to Section 8 (Warranty and Exclusion):
In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 8 (Warranty and Exclusions). The territorial scope of the Limited Warranty is worldwide.
EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW
Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country that has enacted local data privacy or protection legislation similar to the EU model.
13. General
The following replaces Item 13.e:
(1) Definitions - For the purposes of this Item 13.e, the following additional definitions apply:
(a) Business Contact Information - business-related contact information disclosed by Licensee to IBM, including names, job titles, business addresses, telephone numbers and email addresses of Licensee's employees and contractors. For Austria, Italy and Switzerland, Business Contact Information also includes information about Licensee and its contractors as legal entities (for example, Licensee's revenue data and other transactional information)
(b) Business Contact Personnel - Licensee employees and contractors to whom the Business Contact Information relates.
(c) Data Protection Authority - the authority established by the Data Protection and Electronic Communications Legislation in the applicable country or, for non-EU countries, the authority responsible for supervising the protection of personal data in that country, or (for any of the foregoing) any duly appointed successor entity thereto.
(d) Data Protection & Electronic Communications Legislation - (i) the applicable local legislation and regulations in force implementing the requirements of EU Directive 95/46/EC (on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and of EU Directive 2002/58/EC (concerning the processing of personal data and the protection of privacy in the electronic communications sector); or (ii) for non-EU countries, the legislation and/or regulations passed in the applicable country relating to the protection of personal data and the regulation of electronic communications involving personal data, including (for any of the foregoing) any statutory replacement or modification thereof.
(e) IBM Group - International Business Machines Corporation of Armonk, New York, USA, its subsidiaries, and their respective Business Partners and subcontractors.
(2) Licensee authorizes IBM:
(a) to process and use Business Contact Information within IBM Group in support of Licensee including the provision of support services, and for the purpose of furthering the business relationship between Licensee and IBM Group, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing IBM Group products and services (the "Specified Purpose"); and
(b) to disclose Business Contact Information to other members of IBM Group in pursuit of the Specified Purpose only.
(3) IBM agrees that all Business Contact Information will be processed in accordance with the Data Protection & Electronic Communications Legislation and will be used only for the Specified Purpose.
(4) To the extent required by the Data Protection & Electronic Communications Legislation, Licensee represents that (a) it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable IBM Group to process and use the Business Contact Information for the Specified Purpose.
(5) Licensee authorizes IBM to transfer Business Contact Information outside the European Economic Area, provided that the transfer is made on contractual terms approved by the Data Protection Authority or the transfer is otherwise permitted under the Data Protection & Electronic Communications Legislation.
AUSTRIA
8.2 Exclusions
The following is deleted from the first paragraph:
MERCHANTABILITY, SATISFACTORY QUALITY
10. Limitation of Liability
The following is added:
The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or willful misconduct.
10.1 Items for Which IBM May Be Liable
The following replaces the first sentence in the first paragraph:
Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM.
In the second sentence of the first paragraph, delete entirely the parenthetical phrase:
"(including fundamental breach, negligence, misrepresentation, or other contract or tort claim)".
10.2 Items for Which IBM Is Not Liable
The following replaces Item 10.2b:
b. indirect damages or consequential damages; or
BELGIUM, FRANCE, ITALY, AND LUXEMBOURG
10. Limitation of Liability
The following replaces the terms of Section 10 (Limitation of Liability) in its entirety:
Except as otherwise provided by mandatory law:
10.1 Items for Which IBM May Be Liable
IBM's entire liability for all claims in the aggregate for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to this Agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that has caused the damages.
The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.
10.2 Items for Which IBM Is Not Liable
UNDER NO CIRCUMSTANCES IS IBM OR ANY OF ITS PROGRAM DEVELOPERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES.
10.3 Suppliers and Program Developers
The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers are collectively responsible.
GERMANY
8.1 Limited Warranty
The following is inserted at the beginning of Section 8.1:
The Warranty Period is twelve months from the date of delivery of the Program to the original Licensee.
8.2 Exclusions
Section 8.2 is deleted in its entirety and replaced with the following:
Section 8.1 defines IBM's entire warranty obligations to Licensee except as otherwise required by applicable statutory law.
10. Limitation of Liability
The following replaces the Limitation of Liability section in its entirety:
a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.
b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the Program is subject to fixed term charges, up to 12 months' charges) Licensee paid for the Program that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.
c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.
d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only in respect of the resulting damages that Licensee suffers, subject to the provisions of Items a and b above.
13. General
The following replaces the provisions of 13.g:
Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in Section 8.1 (Limited Warranty) of this Agreement.
The following replaces the provisions of 13.i:
No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except (to the extent permitted in Section 10 (Limitation of Liability)) for: i) bodily injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally liable to that third party.
IRELAND
8.2 Exclusions
The following paragraph is added:
Except as expressly provided in these terms and conditions, or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 (the "1980 Act"), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, Section 39 of the 1980 Act).
IRELAND AND UNITED KINGDOM
2. Agreement Structure
The following sentence is added:
Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.
10.1 Items for Which IBM May Be Liable
The following replaces the first paragraph of the Subsection:
For the purposes of this section, a "Default" means any act, statement, omission or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to Licensee, whether in contract or in tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default.
Circumstances may arise where, because of a Default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the extent actually suffered by Licensee as an immediate and direct consequence of the default, up to the greater of (1) 500,000 euro (or the equivalent in local currency) or (2) 125% of the charges (if the Program is subject to fixed term charges, up to 12 months' charges) for the Program that is the subject of the claim. Notwithstanding the foregoing, the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable is not subject to such limitation.
10.2 Items for Which IBM is Not Liable
The following replaces Items 10.2b and 10.2c:
b. special, incidental, exemplary, or indirect damages or consequential damages; or
c. wasted management time or lost profits, business, revenue, goodwill, or anticipated savings.
Z125-3301-14 (07/2011)
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ICU License - ICU 1.8.1 and later
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2014 International Business Machines Corporation and others
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
All trademarks and registered trademarks mentioned herein are the property of their respective owners.
Third-Party Software Licenses
This section contains third-party software notices and/or additional terms for licensed third-party software components included within ICU libraries.
1. Unicode Data Files and Software
COPYRIGHT AND PERMISSION NOTICE
Copyright © 1991-2014 Unicode, Inc. All rights reserved.
Distributed under the Terms of Use in
http://www.unicode.org/copyright.html.
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Unicode data files and any associated documentation
(the "Data Files") or Unicode software and any associated documentation
(the "Software") to deal in the Data Files or Software
without restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, and/or sell copies of
the Data Files or Software, and to permit persons to whom the Data Files
or Software are furnished to do so, provided that
(a) this copyright and permission notice appear with all copies
of the Data Files or Software,
(b) this copyright and permission notice appear in associated
documentation, and
(c) there is clear notice in each modified Data File or in the Software
as well as in the documentation associated with the Data File(s) or
Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS
NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder
shall not be used in advertising or otherwise to promote the sale,
use or other dealings in these Data Files or Software without prior
written authorization of the copyright holder.
2. Chinese/Japanese Word Break Dictionary Data (cjdict.txt)
# The Google Chrome software developed by Google is licensed under the BSD license. Other software included in this distribution is provided under other licenses, as set forth below.
#
# The BSD License
# http://opensource.org/licenses/bsd-license.php
# Copyright (C) 2006-2008, Google Inc.
#
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
#
# Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
# Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
# Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
#
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
#
#
# The word list in cjdict.txt are generated by combining three word lists listed
# below with further processing for compound word breaking. The frequency is generated
# with an iterative training against Google web corpora.
#
# * Libtabe (Chinese)
# - https://sourceforge.net/project/?group_id=1519
# - Its license terms and conditions are shown below.
#
# * IPADIC (Japanese)
# - http://chasen.aist-nara.ac.jp/chasen/distribution.html
# - Its license terms and conditions are shown below.
#
# ---------COPYING.libtabe ---- BEGIN--------------------
#
# /*
# * Copyrighy (c) 1999 TaBE Project.
# * Copyright (c) 1999 Pai-Hsiang Hsiao.
# * All rights reserved.
# *
# * Redistribution and use in source and binary forms, with or without
# * modification, are permitted provided that the following conditions
# * are met:
# *
# * . Redistributions of source code must retain the above copyright
# * notice, this list of conditions and the following disclaimer.
# * . Redistributions in binary form must reproduce the above copyright
# * notice, this list of conditions and the following disclaimer in
# * the documentation and/or other materials provided with the
# * distribution.
# * . Neither the name of the TaBE Project nor the names of its
# * contributors may be used to endorse or promote products derived
# * from this software without specific prior written permission.
# *
# * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
# * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
# * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
# * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
# * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
# * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
# * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
# * OF THE POSSIBILITY OF SUCH DAMAGE.
# */
#
# /*
# * Copyright (c) 1999 Computer Systems and Communication Lab,
# * Institute of Information Science, Academia Sinica.
# * All rights reserved.
# *
# * Redistribution and use in source and binary forms, with or without
# * modification, are permitted provided that the following conditions
# * are met:
# *
# * . Redistributions of source code must retain the above copyright
# * notice, this list of conditions and the following disclaimer.
# * . Redistributions in binary form must reproduce the above copyright
# * notice, this list of conditions and the following disclaimer in
# * the documentation and/or other materials provided with the
# * distribution.
# * . Neither the name of the Computer Systems and Communication Lab
# * nor the names of its contributors may be used to endorse or
# * promote products derived from this software without specific
# * prior written permission.
# *
# * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
# * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
# * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
# * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
# * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
# * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
# * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
# * OF THE POSSIBILITY OF SUCH DAMAGE.
# */
#
# Copyright 1996 Chih-Hao Tsai @ Beckman Institute, University of Illinois
# c-tsai4@uiuc.edu http://casper.beckman.uiuc.edu/~c-tsai4
#
# ---------------COPYING.libtabe-----END------------------------------------
#
#
# ---------------COPYING.ipadic-----BEGIN------------------------------------
#
# Copyright 2000, 2001, 2002, 2003 Nara Institute of Science
# and Technology. All Rights Reserved.
#
# Use, reproduction, and distribution of this software is permitted.
# Any copy of this software, whether in its original form or modified,
# must include both the above copyright notice and the following
# paragraphs.
#
# Nara Institute of Science and Technology (NAIST),
# the copyright holders, disclaims all warranties with regard to this
# software, including all implied warranties of merchantability and
# fitness, in no event shall NAIST be liable for
# any special, indirect or consequential damages or any damages
# whatsoever resulting from loss of use, data or profits, whether in an
# action of contract, negligence or other tortuous action, arising out
# of or in connection with the use or performance of this software.
#
# A large portion of the dictionary entries
# originate from ICOT Free Software. The following conditions for ICOT
# Free Software applies to the current dictionary as well.
#
# Each User may also freely distribute the Program, whether in its
# original form or modified, to any third party or parties, PROVIDED
# that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear
# on, or be attached to, the Program, which is distributed substantially
# in the same form as set out herein and that such intended
# distribution, if actually made, will neither violate or otherwise
# contravene any of the laws and regulations of the countries having
# jurisdiction over the User or the intended distribution itself.
#
# NO WARRANTY
#
# The program was produced on an experimental basis in the course of the
# research and development conducted during the project and is provided
# to users as so produced on an experimental basis. Accordingly, the
# program is provided without any warranty whatsoever, whether express,
# implied, statutory or otherwise. The term "warranty" used herein
# includes, but is not limited to, any warranty of the quality,
# performance, merchantability and fitness for a particular purpose of
# the program and the nonexistence of any infringement or violation of
# any right of any third party.
#
# Each user of the program will agree and understand, and be deemed to
# have agreed and understood, that there is no warranty whatsoever for
# the program and, accordingly, the entire risk arising from or
# otherwise connected with the program is assumed by the user.
#
# Therefore, neither ICOT, the copyright holder, or any other
# organization that participated in or was otherwise related to the
# development of the program and their respective officials, directors,
# officers and other employees shall be held liable for any and all
# damages, including, without limitation, general, special, incidental
# and consequential damages, arising out of or otherwise in connection
# with the use or inability to use the program or any product, material
# or result produced or otherwise obtained by using the program,
# regardless of whether they have been advised of, or otherwise had
# knowledge of, the possibility of such damages at any time during the
# project or thereafter. Each user will be deemed to have agreed to the
# foregoing by his or her commencement of use of the program. The term
# "use" as used herein includes, but is not limited to, the use,
# modification, copying and distribution of the program and the
# production of secondary products from the program.
#
# In the case where the program, whether in its original form or
# modified, was distributed or delivered to or received by a user from
# any person, organization or entity other than ICOT, unless it makes or
# grants independently of ICOT any specific warranty to the user in
# writing, such person, organization or entity, will also be exempted
# from and not be held liable to the user for any such damages as noted
# above as far as the program is concerned.
#
# ---------------COPYING.ipadic-----END------------------------------------
3. Lao Word Break Dictionary Data (laodict.txt)
# Copyright (c) 2013 International Business Machines Corporation
# and others. All Rights Reserved.
#
# Project: http://code.google.com/p/lao-dictionary/
# Dictionary: http://lao-dictionary.googlecode.com/git/Lao-Dictionary.txt
# License: http://lao-dictionary.googlecode.com/git/Lao-Dictionary-LICENSE.txt
# (copied below)
#
# This file is derived from the above dictionary, with slight modifications.
# --------------------------------------------------------------------------------
# Copyright (C) 2013 Brian Eugene Wilson, Robert Martin Campbell.
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without modification,
# are permitted provided that the following conditions are met:
#
# Redistributions of source code must retain the above copyright notice, this
# list of conditions and the following disclaimer. Redistributions in binary
# form must reproduce the above copyright notice, this list of conditions and
# the following disclaimer in the documentation and/or other materials
# provided with the distribution.
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
# ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
# WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
# DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
# ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
# LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
# ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
# (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
# SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
# --------------------------------------------------------------------------------
4. Burmese Word Break Dictionary Data (burmesedict.txt)
# Copyright (c) 2014 International Business Machines Corporation
# and others. All Rights Reserved.
#
# This list is part of a project hosted at:
# github.com/kanyawtech/myanmar-karen-word-lists
#
# --------------------------------------------------------------------------------
# Copyright (c) 2013, LeRoy Benjamin Sharon
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without modification,
# are permitted provided that the following conditions are met:
#
# Redistributions of source code must retain the above copyright notice, this
# list of conditions and the following disclaimer.
#
# Redistributions in binary form must reproduce the above copyright notice, this
# list of conditions and the following disclaimer in the documentation and/or
# other materials provided with the distribution.
#
# Neither the name Myanmar Karen Word Lists, nor the names of its
# contributors may be used to endorse or promote products derived from
# this software without specific prior written permission.
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
# ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
# WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
# DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
# ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
# LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
# ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
# (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
# SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
# --------------------------------------------------------------------------------
5. Time Zone Database
ICU uses the public domain data and code derived from Time Zone Database for its time zone support. The ownership of the TZ database is explained in BCP 175: Procedure for Maintaining the Time Zone Database section 7.
7. Database Ownership
The TZ database itself is not an IETF Contribution or an IETF
document. Rather it is a pre-existing and regularly updated work
that is in the public domain, and is intended to remain in the public
domain. Therefore, BCPs 78 [RFC5378] and 79 [RFC3979] do not apply
to the TZ Database or contributions that individuals make to it.
Should any claims be made and substantiated against the TZ Database,
the organization that is providing the IANA Considerations defined in
this RFC, under the memorandum of understanding with the IETF,
currently ICANN, may act in accordance with all competent court
orders. No ownership claims will be made by ICANN or the IETF Trust
on the database or the code. Any person making a contribution to the
database or code waives all rights to future claims in that
contribution or in the TZ Database.
IBM Java Portlet Specification 2.0 License
Java(TM) Portlet Specification ("Specification") Version: 2.0
Status: Final, Specification Lead: IBM Corp.
Copyright 2008 IBM Corp. All rights reserved.
IBM Corporation (the "Spec Lead"), for the JSR 286 specification (the "Specification"), hereby grants permission to copy and display the Specification, in any medium without fee or royalty, provided that you include the following on ALL copies, or portions thereof, that you make:
1. A link or URL to the Specification at this location: http://www.jcp.org/en/jsr/detail?id=286
2. The copyright notice as shown herein.
3. The Spec Lead commits to grant a perpetual, non-exclusive, worldwide, non sub-licensable, non-transferable, fully paid up license, under royalty-free and other reasonable and non-discriminatory terms and conditions, to certain of their respective patent claims that the Spec Lead deems necessary to implement required portions of the Specification, provided a reciprocal license is granted.
THE SPECIFICATION IS PROVIDED "AS IS," AND THE SPEC LEAD AND ANY OTHER AUTHORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION 25 ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE SPEC LEAD AND ANY OTHER AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF 30 ANY USE OF THE SPECIFICATION OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
The name and trademarks of the Spec Lead or any other Authors may NOT be used in any manner, including advertising or publicity pertaining to the Specification or its contents without specific, written prior permission. Title to copyright in the Specification will at all times remain with the Authors.
No other rights are granted by implication, estoppel or otherwise.
International License Agreement for Non-Warranted Programs
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
"IBM" is International Business Machines Corporation or one of its subsidiaries.
"License Information" ("LI") is a document that provides information specific to a Program. The Program's LI is available at http://www.ibm.com/software/sla/ . The LI may also be found in a file in the Program's directory, by the use of a system command, or as a booklet which accompanies the Program.
"Program" is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation.
A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a Program at a specified level. That level may be measured, for example, by the number of processors or users. The PoE is also evidence of Your eligibility for future upgrade prices, if any, and potential special or promotional opportunities. If IBM does not provide You with a PoE, then IBM may accept the original paid sales receipt or other sales record from the party (either IBM or its reseller) from whom You acquired the Program, provided that it specifies the name of the Program and the usage level acquired.
"You" and "Your" refer either to an individual person or to a single legal entity.
This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), License Information, and Proof of Entitlement and is the complete agreement between You and IBM regarding the use of the Program. It replaces any prior oral or written communications between You and IBM concerning Your use of the Program. The terms of Part 2 and License Information may replace or modify those of Part 1. To the extent there is a conflict between the terms of this Agreement and those of the IBM International Passport Advantage Agreement, the terms of the latter agreement prevail.
1. Entitlement
License
The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.
IBM grants You a nonexclusive license to use the Program when You lawfully acquire it.
You may 1) use the Program up to the level of use specified in the PoE and 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.
If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party.
You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
IBM may terminate Your license if You fail to comply with the terms of this Agreement. If IBM does so, You must destroy all copies of the Program and its PoE.
Money-back Guarantee
If for any reason You are dissatisfied with the Program and You are the original licensee, You may obtain a refund of the amount You paid for it, if within 30 days of Your invoice date You return the Program and its PoE to the party from whom You obtained it. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund.
Program Transfer
You may transfer a Program and all of Your license rights and obligations to another party only if that party agrees to the terms of this Agreement. When You transfer the Program, You must also transfer a copy of this Agreement, including the Program's PoE. After the transfer, You may not use the Program.
2. Charges
The amount payable for a Program license is a one-time charge.
One-time charges are based on the level of use acquired which is specified in the PoE. IBM does not give credits or refunds for charges already due or paid, except as specified elsewhere in this Agreement.
If You wish to increase the level of use, notify IBM or the party from whom You acquired it and pay any applicable charges.
If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Program, then You agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Program from the date that You acquire it.
3. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.
The exclusion also applies to any of IBM's Program developers and suppliers.
Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties.
IBM does not provide technical support, unless IBM specifies otherwise.
4. Limitation of Liability
Circumstances may arise where, because of a default on IBM's part or other liability, You are entitled to recover damages from IBM. In each such instance, regardless of the basis on which You may be entitled to claim damages from IBM, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim.
This limitation of liability also applies to IBM's Program developers and suppliers. It is the maximum for which they and IBM are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. General
1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
3. You agree to comply with all applicable export and import laws and regulations.
4. You agree to allow IBM to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of IBM for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research).
5. Neither You nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
6. Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
7. This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and IBM consent to the application of the laws of the country in which You acquired the Program license to govern, interpret, and enforce all of Your and IBM's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of the country in which You acquired the Program license.
Part 2 - Country-unique Terms
AMERICAS
ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled exclusively by the Ordinary Commercial Court of the city of Buenos Aires.
BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro, RJ.
CANADA: General (Section 5): The following replaces item 7:
7. This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable."
Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following:
the laws in the Province of Ontario"
PERU: Limitation of Liability (Section 4): The following is added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable").
UNITED STATES OF AMERICA: General (Section 5): The following is added to this section:
U.S. Government Users Restricted Rights - Use, duplication or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.
Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following:
the laws of the State of New York, United States of America
ASIA PACIFIC
AUSTRALIA: No Warranty (Section 3): The following is added:
Although IBM specifies that there are no warranties, You may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 4): The following is added:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following:
the laws of the State or Territory in which You acquired the Program license
CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following:
the laws of the State of New York, United States of America
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the SIAC. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.
HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following:
the laws of Hong Kong Special Administrative Region of China
INDIA: Limitation of Liability (Section 4): The following replaces the terms of items 1 and 2 of the first paragraph:
1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by You for the individual Program that is the subject of the claim.
General (Section 5): The following replaces the terms of item 5:
If no suit or other legal action is brought, within three years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.
Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added to this section:
Arbitration
Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Bangalore, India in accordance with the laws of India then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Bar Council of India. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.
JAPAN: General (Section 5): The following is inserted after item 5:
Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.
MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of the third paragraph is deleted:
NEW ZEALAND: No Warranty (Section 3): The following is added:
Although IBM specifies that there are no warranties, You may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if You require the goods for the purposes of a business as defined in that Act.
Limitation of Liability (Section 4): The following is added:
Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The following is added:
All banking charges incurred in the People's Republic of China will be borne by You and those incurred outside the People's Republic of China will be borne by IBM.
Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following:
the laws of the State of New York, United States of America (except when local law requires otherwise)
PHILIPPINES: Limitation of Liability (Section 4): The following replaces the terms of item 2 of the third paragraph:
2. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or
Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added to this section:
Arbitration
Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Metro Manila, Philippines in accordance with the laws of the Philippines then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.
SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and "ECONOMIC" are deleted from item 2 of the third paragraph.
General (Section 5): The following replaces the terms of item 7:
Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 4 above (Limitation of Liability), a person who is not a party to this Agreement shall have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
No Warranty (Section 3): In the European Union, the following is added at the beginning of this section:
In the European Union, consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions of this Section 3.
Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement or due to any other cause related to this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges You paid for the Program.
The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible.
Limitation of Liability (Section 4): In France and Belgium, the following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault), for a maximum amount equal to the charges You paid for the Program that has caused the damages.
The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible.
Governing Law, Jurisdiction, and Arbitration (Section 6)
Governing Law
The phrase "the laws of the country in which You acquired the Program license" is replaced by:
1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia;
2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna;
3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe; and
5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland.
Jurisdiction
The following exceptions are added to this section:
1) In Austria the choice of jurisdiction for all disputes arising out of this Agreement and relating thereto, including its existence, will be the competent court of law in Vienna, Austria (Inner-City);
2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes arising out of this Agreement or related to its execution, including summary proceedings, will be submitted to the exclusive jurisdiction of the English courts;
3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or related to its interpretation or its execution, only the law and the courts of the capital of the country in which Your registered office and/or commercial office is located are competent;
4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this Agreement or related to its violation or execution, including summary proceedings, will be settled exclusively by the Commercial Court of Paris;
5) in Russia, all disputes arising out of or in relation to the interpretation, the violation, the termination, the nullity of the execution of this Agreement shall be settled by Arbitration Court of Moscow;
6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit all disputes relating to this Agreement to the jurisdiction of the High Court in Johannesburg;
7) in Turkey all disputes arising out of or in connection with this Agreement shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic of Turkey;
8) in each of the following specified countries, any legal claim arising out of this Agreement will be brought before, and settled exclusively by, the competent court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon for Portugal, and e) Madrid for Spain; and
9) in the United Kingdom, both of us agree to submit all disputes relating to this Agreement to the jurisdiction of the English courts.
Arbitration
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules)
IBM International License Agreement for Non-Warranted Sample Code
Part 1 - General Terms
-----------------------------------------------------------
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING THE SAMPLE CODE. IBM WILL LICENSE THE SAMPLE CODE TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY DOWNLOADING THE SAMPLE CODE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SAMPLE CODE.
The Sample Code is authored by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold.
The term "Sample Code" means a program, or portion of a program, being distributed in its source programming language and all whole or partial copies of it.
This Agreement includes Part 1 - General Terms and Part 2 - Country-unique Terms and is the complete agreement regarding the use of this Sample Code, and replaces any prior oral or written communications between you and IBM. The terms of Part 2 may replace or modify those of Part 1.
1. License
IBM grants you a nonexclusive license to use, copy, or modify the Sample Code. You may include the Sample Code in programs for your own use or for commercial sale.
You will ensure that anyone who uses the sample code does so only in compliance with the terms of this Agreement.
2. No Warranty
The Sample Code has not been submitted to any formal IBM test and is distributed "AS IS". Use of the Sample Code, or implementation of any techniques contained in the code, is a customer responsibility and depends on the customer's ability to evaluate and integrate the code into the customer's operational environment. While sample code may have been reviewed by IBM for accuracy in a specific situation there is no guarantee that the same or similar results will be obtained elsewhere. Customers attempting to use Sample Code in their own environments do so at their own risk.
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SAMPLE CODE.
The exclusion also applies to any of IBM's subcontractors, suppliers, or program developers (collectively called "Suppliers").
3. Limitation of Liability
NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
4. General
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
IBM may terminate your license if you fail to comply with the terms of this Agreement. If IBM does so, you must immediately destroy the Sample Code and all copies you made of it.
You agree to comply with applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
IBM does not provide program services or technical support, unless IBM specifies otherwise.
The laws of the country in which you acquire the Sample Code govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement.
IBM International License Agreement for Non-Warranted Sample Code
Part 2 - Country-unique Terms
-----------------------------------------------------------
AUSTRALIA: No Warranty (Section 2): The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 3): The following paragraph is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
GERMANY: No Warranty (Section 2): The following paragraph is added to this Section:
The minimum warranty period for Sample Code is six months.
Limitation of Liability (Section 3): The following paragraph is added to this Section:
The limitations and exclusions specified in the Agreement will not apply to damages caused by IBM with fraud or gross negligence, and for express warranty.
INDIA: General (Section 4 ): The following replaces the fourth paragraph of this Section:
If no suit or other legal action is brought, within two years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.
IRELAND: No Warranty (Section 2): The following paragraph is added to this Section:
Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
ITALY: Limitation of Liability (Section 3): This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.
NEW ZEALAND: No Warranty (Section 2 ): The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which IBM provides, if you require the goods or services for the purposes of a business as defined in that Act.
Limitation of Liability (Section 3): The following paragraph is added to this Section:
Where Sample Code is not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
UNITED KINGDOM: Limitation of Liability (Section 3 ): The following paragraph is added to this Section:
The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
This source code has been made available to you by IBM on an AS-IS
basis. Anyone receiving this source is licensed under IBM copyrights to
use it in any way he or she deems fit, including copying it, modifying
it, compiling it, and redistributing it either with or without
modifications. No license under IBM patents or patent applications is
to be implied by the copyright license.
Any user of this software should understand that IBM cannot provide
technical support for this software and will not be responsible for any
consequences resulting from the use of this software.
Any person who transfers this source code or any derivative work must
include the IBM copyright notice, this paragraph, and the preceding two
paragraphs in the transferred software.
COPYRIGHT I B M CORPORATION
LICENSED MATERIAL - PROGRAM PROPERTY OF I B M
The sample program(s) is/are owned by International Business Machines
Corporation or one of its subsidiaries ("IBM") and is/are copyrighted and
licensed, not sold.
You may copy, modify, and distribute this/these sample program(s) in any form
without payment to IBM, for any purpose including developing, using, marketing
or distributing programs that include or are derivative works of the sample
program(s).
The sample program(s) is/are provided to you on an "AS IS" basis, without
warranty of any kind. IBM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do
not allow for the exclusion or limitation of implied warranties, so the above
limitations or exclusions may not apply to you. IBM shall not be liable for
any damages you suffer as a result of using, modifying or distributing the
sample program(s) or its/their derivatives.
Each copy of any portion of this/these sample program(s) or any derivative
work, must include the above copyright notice and disclaimer of warranty.
IBM Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
1. in the case of International Business Machines Corporation ("IBM"), the Original Program, and
2. in the case of each Contributor,
1. changes to the Program, and
2. additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means IBM and any other entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Original Program" means the original version of the software accompanying this Agreement as released by IBM, including source code, object code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
1. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
2. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
3. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
4. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
1. it complies with the terms and conditions of this Agreement; and
2. its license agreement:
1. effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
2. effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
3. states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
2.
4. states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
1. it must be made available under this Agreement; and
2. a copy of this Agreement must be included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in the Program:
Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.
In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
IBM may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than IBM has the right to modify this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
IBPP License v1.1
-----------------
Permission is hereby granted, free of charge, to any person or organization
("You") obtaining a copy of this software and associated documentation files
covered by this license (the "Software") to use the Software as part of another
work; to modify it for that purpose; to publish or distribute it, modified or
not, for that same purpose; to permit persons to whom the other work using the
Software is furnished to do so; subject to the following conditions: the above
copyright notice and this complete and unmodified permission notice shall be
included in all copies or substantial portions of the Software; You will not
misrepresent modified versions of the Software as being the original.
The Software is provided "as is", without warranty of any kind, express or
implied, including but not limited to the warranties of merchantability,
fitness for a particular purpose and noninfringement. In no event shall
the authors or copyright holders be liable for any claim, damages or other
liability, whether in an action of contract, tort or otherwise, arising from,
out of or in connection with the software or the use of other dealings in
the Software.
INTERNET COMPUTER COMMUNITY SOURCE LICENSE VERSION 1.0
License text copyright © 2021 DFINITY Foundation, All Rights Reserved. “Internet
Computer Community Source License” is a trademark of the DFINITY Foundation.
TERMS AND CONDITIONS
If you use this code (the “software”), you accept this license. If you do not
accept the license, do not use the software.
1. Definitions
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution”
have the same meaning here as under U.S. copyright law.
A “contribution” is the original software, or any additions or changes to the
software.
A “contributor” is any person that distributes its contribution under this
license.
“Internet Computer” is the decentralized compute platform originated by the
DFINITY Foundation and stewarded by the Internet Computer Association.
2. Grant of Rights
(A) Copyright Grant - Subject to the terms of this license, including the
license conditions and limitations in Section 3, each contributor grants you
a non-exclusive, worldwide, royalty-free copyright license to reproduce its
contribution, prepare derivative works of its contribution, and distribute
its contribution or any derivative works that you create.
(B) Patent Grant - Subject to the terms of this license, including the
license conditions and limitations in Section 3, each contributor grants you
a non-exclusive, worldwide, royalty-free license under its licensed patents
to make, have made, use, sell, offer for sale, import, and/or otherwise
dispose of its contribution in the software or derivative works of the
contribution in the software.
3. Conditions and Limitations
(A) Platform Limitation - The licenses granted in sections 2(A) and 2(B)
extend only to the software or derivative works that you create that run
directly on the Internet Computer platform.
(B) This license does not grant you rights to use any contributors’ name,
logo, or trademarks.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in the
software.
(D) If you distribute any portion of the software in source code form, you
may do so only under this license by including a complete copy of this
license with your distribution. If you distribute any portion of the software
in compiled or object code form, you may only do so under a license that
complies with this license.
(E) If you have modified the Software or created derivative works, and
distribute such modifications or derivative works, you will cause the
modified files to carry prominent notices so that recipients know that they
are not receiving the original software. Such notices must state: (i) that
you have changed the software; and (ii) the date of any changes.
(F) THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS THE
CONTRIBUTORS GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. ALSO, YOU MUST PASS
THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE SOFTWARE OR DERIVATIVE WORKS.
(G) DFINITY WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR
THIS LICENSE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT
LEGAL THEORY IT IS BASED ON (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR
A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF YOU OR
OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, YOU
MUST PASS THIS LIMITATION OF LIABILITY ON WHENEVER YOU DISTRIBUTE THE
SOFTWARE OR DERIVATIVE WORKS.
(H) If you bring a patent claim against any contributor over patents that you
claim are infringed by the software or a claim against anyone for their use
of the software, your license the software automatically terminates.
(I) Your rights under this license automatically terminates if you breach it
in any way.
(J) Each contributor grants to the Foundation the right to distribute the
contribution of the contributor under a license which is more permissive than
this license. A more permissive license shall be in particular a license with
less restrictions on how the contribution can be reproduced, modified and
distributed than this license. A more permissive license may be in particular
understood as a license that sets asides the platform limitation in section 3
(A) of this license. A more permissive license shall include in particular
the Apache License Version 2.0 (or future versions thereof) and the MIT
License. The decision on such a distribution under a more permissive license
is at the sole discretion of the Foundation
(K) The Foundation reserves all rights not expressly granted to you in this
license.
END OF TERMS AND CONDITIONS
INTERNET COMPUTER SHARED COMMUNITY SOURCE LICENSE VERSION 1.0
License text copyright © 2021 DFINITY Foundation, All Rights Reserved. “Internet
Computer Shared Community Source License” is a trademark of the DFINITY
Foundation.
TERMS AND CONDITIONS
If you use this code (the “software”), you accept this license. If you do not
accept the license, do not use the software.
1. Definitions
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution”
have the same meaning here as under U.S. copyright law.
A “contribution” is the original software, or any additions or changes to the
software.
A “contributor” is any person that distributes its contribution under this
license.
“Ethereum” is an open-source, blockchain-based, decentralized software
platform.
"Foundation" shall mean DFINITY Stiftung.
“Internet Computer” is the decentralized compute platform originated by the
DFINITY Foundation and stewarded by the Internet Computer Association.
2. Grant of Rights
(A) Copyright Grant - Subject to the terms of this license, including the
license conditions and limitations in Section 3, each contributor grants you
a non-exclusive, worldwide, royalty-free copyright license to reproduce its
contribution, prepare derivative works of its contribution, and distribute
its contribution or any derivative works that you create.
(B) Patent Grant - Subject to the terms of this license, including the
license conditions and limitations in Section 3, each contributor grants you
a non-exclusive, worldwide, royalty-free license under its licensed patents
to make, have made, use, sell, offer for sale, import, and/or otherwise
dispose of its contribution in the software or derivative works of the
contribution in the software.
3. Conditions and Limitations
(A) Platform Limitation - The licenses granted in sections 2(A) and 2(B)
extend only to the software or derivative works that you create that run
directly on the Internet Computer platform or the Ethereum network.
(B) This license does not grant you rights to use any contributors’ name,
logo, or trademarks.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in the
software.
(D) If you distribute any portion of the software in source code form, you
may do so only under this license by including a complete copy of this
license with your distribution. If you distribute any portion of the software
in compiled or object code form, you may only do so under a license that
complies with this license.
(E) If you have modified the Software or created derivative works, and
distribute such modifications or derivative works, you will cause the
modified files to carry prominent notices so that recipients know that they
are not receiving the original software. Such notices must state: (i) that
you have changed the software; and (ii) the date of any changes.
(F) THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS THE
CONTRIBUTORS GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. ALSO, YOU MUST PASS
THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE SOFTWARE OR DERIVATIVE WORKS.
(G) DFINITY WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR
THIS LICENSE, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT
LEGAL THEORY IT IS BASED ON (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR
A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF YOU OR
OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, YOU
MUST PASS THIS LIMITATION OF LIABILITY ON WHENEVER YOU DISTRIBUTE THE
SOFTWARE OR DERIVATIVE WORKS.
(H) If you bring a patent claim against any contributor over patents that you
claim are infringed by the software or a claim against anyone for their use
of the software, your license the software automatically terminates.
(I) Your rights under this license automatically terminates if you breach it
in any way.
(J) Each contributor grants to the Foundation the right to distribute the
contribution of the contributor under a license which is more permissive than
this license. A more permissive license shall be, in particular, a license
with less restrictions on how the contribution can be reproduced, modified
and distributed than this license. A more permissive license may be in
particular understood as a license that sets asides the platform limitation
in section 3 (A) of this license. A more permissive license shall include in
particular the Apache License Version 2.0 (or future versions thereof) and
the MIT License. The decision on such a distribution under a more permissive
license is at the sole discretion of the Foundation.
(K) The Foundation reserves all rights not expressly granted to you in this
license.
END OF TERMS AND CONDITIONS
ICANN asserts no property rights to any of the IANA registries or
public keys we maintain. You are free to redistribute the IANA
registry files, the root zone file and the root public keys.
As a courtesy we'd ask any such redistribution make it clear it is a
mirrored copy, and indicate the original source URL.
As a special exception to the above, ZeroC grants to the contributors for
the following projects the permission to license their Ice-based software
under the terms of the GNU Lesser General Public License (LGPL) version
2.1 or of the BSD license
TERMS AND CONDITIONS FOR USE OF "ICOT FREE SOFTWARE"
The follwing Terms and Conditions for use of "ICOT FREE SOFTWARE"
is applied to all of:
* ICOT Free Software that ICOT releases
* Revised ICOT Free Software after its release
* Revised ICOT Free Software after its release
1. Purposes and Background of ICOT Free Software.
The Institute for New Generation Computer Technology ("ICOT")
had been promoting the Fifth Generation Computer Systems project under
the commitment of the Ministry of International Trade and Industry of
Japan (the "MITI"). Since April 1993, ICOT has been promoting the
Follow-on project to the FGCS project. This follow-on project aims to
disseminate and further develop FGCS technology. The FGCS project and
the Follow-on project (collectively, the "Project") have been aimed at
creating basic technology for novel computers that realizes parallel
inference processing as their core mechanism, and contributing toward
the progress of computer science by sharing innovative knowledge and
technology with the research community worldwide.
Innovative hardware and software parallel inference technology
has been under development through the Project, which involves
varieties of advanced software for experiments and evaluation. This
software, being at a basic stage of research and development, should
be disseminated widely to the research community.
According to the aims of the Project, ICOT has made this
software, the copyright of which does not belong to the government but
to ICOT itself, available to the public in order to contribute to the
world, and, moreover, has removed all restrictions on its usage that
may have impeded further research and development in order that large
numbers of researchers can use it freely to begin a new era of
computer science.
This program together with any attached documentation (collec-
tively, the "Program") is being distributed by ICOT free of charge as
ICOT Free Software.
2. Free Use, Modification, Copying and Distribution
Persons wanting to use the Program ("Users") may freely do so
and may also freely modify and copy the Program. The term "modify," as
used here, includes, but is not limited to, any act to improve or
expand the Program for the purposes of enhancing and/or improving its
function, performance and/or quality as well as to add one or more
programs or documents developed by Users of the Program.
Each User may also freely distribute the Program, whether in
its original form or modified, to any third party or parties, PROVIDED
that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear
on, or be attached to, the Program, which is distributed substantially
in the same form as set out herein and that such intended
distribution, if actually made, will neither violate or otherwise
contravene any of the laws and regulations of the countries having
jurisdiction over the User or the intended distribution itself.
3. NO WARRANTY
The program was produced on an experimental basis in the
course of the research and development conducted during the project
and is provided to users as so produced on an experimental basis.
Accordingly, the program is provided without any warranty whatsoever,
whether express, implied, statutory or otherwise. The term "warranty"
used herein includes, but is not limited to, any warranty of the
quality, performance, merchantability and fitness for a particular
purpose of the program and the nonexistence of any infringement or
violation of any right of any third party.
Each user of the program will agree and understand, and be
deemed to have agreed and understood, that there is no warranty
whatsoever for the program and, accordingly, the entire risk arising
from or otherwise connected with the program is assumed by the user.
Therefore, neither ICOT, the copyright holder, or any other
organization that participated in or was otherwise related to the
development of the program and their respective officials, directors,
officers and other employees shall be held liable for any and all
damages, including, without limitation, general, special, incidental
and consequential damages, arising out of or otherwise in connection
with the use or inability to use the program or any product, material
or result produced or otherwise obtained by using the program,
regardless of whether they have been advised of, or otherwise had
knowledge of, the possibility of such damages at any time during the
project or thereafter. Each user will be deemed to have agreed to the
foregoing by his or her commencement of use of the program. The term
"use" as used herein includes, but is not limited to, the use,
modification, copying and distribution of the program and the
production of secondary products from the program.
In the case where the program, whether in its original form or
modified, was distributed or delivered to or received by a user from
any person, organization or entity other than ICOT, unless it makes or
grants independently of ICOT any specific warranty to the user in
writing, such person, organization or entity, will also be exempted
from and not be held liable to the user for any such damages as noted
above as far as the program is concerned.
This source code has been made available to you by IDT on an AS-IS
basis. Anyone receiving this source is licensed under IDT copyrights
to use it in any way he or she deems fit, including copying it,
modifying it, compiling it, and redistributing it either with or
without modifications. No license under IDT patents or patent
applications is to be implied by the copyright license.
Any user of this software should understand that IDT cannot provide
technical support for this software and will not be responsible for
any consequences resulting from the use of this software.
Any person who transfers this source code or any derivative work must
include the IDT copyright notice, this paragraph, and the preceeding
two paragraphs in the transferred software.
IEC Code Components End-user licence agreement
Code Components in IEC standards (International Standards, Technical Specifications or
Technical Reports) which have been identified and approved for licensing, are licensed subject to
the following conditions:
- Redistributions of software must retain the Copyright Notice, this list of conditions and the
disclaimer below (“Disclaimer”).
- The software license extends to modifications permitted under the relevant IEC standard.
- The software license extends to clarifications and corrections approved by IEC.
- Neither the name of IEC, nor the names of specific contributors, may be used to endorse or
promote products derived from this software without specific prior written permission. The
relevant IEC standard may be referenced when claiming compliance with the relevant IEC
standard.
- The user of Code Components shall attribute each such Code Component to IEC and identify
the IEC standard from which it is taken. Such attribution (e.g., “This code was derived from IEC
[insert standard reference number:publication year] within modifications permitted in the
relevant IEC standard. Please reproduce this note if possible.”), may be placed in the code itself
or any other reasonable location.
Code Components means components included in IEC standards that are intended to be directly
processed by a computer and also includes any text found between the markers <CODE
BEGINS> and <CODE ENDS>, or otherwise clearly labeled in this standard as a Code
Component.
The Disclaimer is:
EACH OF THE CODE COMPONENTS IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE CODE
COMPONENTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IETF TRUST
Legal Provisions Relating to IETF Documents
Effective Date: December 28, 2009
1. Background
The IETF Trust was formed on December 15, 2005, for, among other things, the purpose of acquiring, holding, maintaining and licensing certain existing and future intellectual property used in connection with the Internet standards process and its administration, for the advancement of science and technology associated with the Internet and related technology. Accordingly, pursuant to RFC 5378, Contributors grant the IETF Trust certain licenses with respect to their IETF Contributions. In RFC 5377, the IETF Community has provided the IETF Trust with guidance regarding licenses that the IETF Trust should grant to others with respect to such IETF Contributions and IETF Documents. These Legal Provisions describe the rights and licenses that the IETF Trust grants to others with respect to such IETF Contributions and IETF Documents; as well as certain restrictions, limitations and notices relating to IETF Documents. These Legal Provisions also apply to other document streams that have requested that the IETF Trust act as licensing administrator, as described in Section 8 below. Capitalized terms used in these Legal Provisions that are not otherwise defined have the meanings set forth in RFC 5378.
2. Applicability of these Legal Provisions.
a. These Legal Provisions are effective as of December 28, 2009 (the "Effective Date").
b. The licenses granted by the IETF Trust pursuant to these Legal Provisions apply only with respect to (i) IETF Contributions (including Internet-Drafts) that are submitted to the IETF following the Effective Date, and (ii) IETF RFCs and other IETF Documents that are published after the Effective Date.
c. IETF Contributions made, and IETF Documents published, prior to the Effective Date ("Pre-Existing IETF Documents") remain subject to the licensing provisions of the IETF copyright policy document in effect at the time of their contribution or publication, as applicable, including RFCs 1310, 1602, 2026, 3978 and 4748 and previous versions of these Legal Provisions.
d. In most cases, rights to Pre-Existing IETF Documents that are not expressly granted under these RFCs can only be obtained by requesting such rights directly from the document authors. The IETF Trust and the Internet Society do not become involved in making such requests to document authors.
e. These Legal Provisions may be amended from time to time by the IETF Trust in a manner consistent with the guidance provided by the IETF community and its own operating procedures. Any amendment to these Legal Provisions shall be posted for review at http://trustee.ietf.org/policyandprocedures.html and shall become effective on a date specified by the IETF Trust, but no earlier than thirty (30) days following its posting. Such amendment shall apply with respect to all IETF Contributions made and IETF Documents published following the effective date of such amendment. All prior versions of these Legal Provisions shall continue to be posted at http://trustee.ietf.org/policyandprocedures.html for reference with respect to IETF Contributions and IETF Documents as to which they may apply.
3. Licenses to IETF Documents and IETF Contributions.a. License For Use Within the IETF Standards Process. The IETF Trust hereby grants to each participant in the IETF Standards Process, to the greatest extent that it is permitted to do so, a non-exclusive, royalty-free, worldwide right and license under all copyrights and rights of authors granted to the IETF Trust:
i. to copy, publish, display and distribute IETF Contributions and IETF Documents, in whole or in part, as part of the IETF Standards Process, and
ii. to translate IETF Contributions and IETF Documents, in whole or part, into languages other than English as part of the IETF Standards Process, and
iii. unless explicitly disallowed in the notices contained in an IETF Contribution or IETF Document (as specified in Section 6.c below), to modify or prepare derivative works of such IETF Contributions or IETF Documents, in whole or in part, as part of the IETF Standards Process.
b. IETF Standards Process. The term IETF Standards Process has the meaning assigned to it in RFC 5378. In addition, the IETF Trust interprets the IETF Standards Process to include the archiving of IETF Documents in perpetuity for reference in support of IETF activities and the implementation of IETF standards and specifications.
c. Licenses For Use Outside the IETF Standards Process. In addition to the rights granted with respect to Code Components described in Section 4 below, the IETF Trust hereby grants to each person who wishes to exercise such rights, to the greatest extent that it is permitted to do so, a non-exclusive, royalty-free, worldwide right and license under all copyrights and rights of authors:
i. to copy, publish, display and distribute IETF Contributions and IETF Documents in full and without modification,
ii. to translate IETF Contributions and IETF Documents into languages otherthan English, and to copy, publish, display and distribute such translated IETF Contributions and IETF Documents in full and without modification,
iii. to copy, publish, display and distribute unmodified portions of IETF Contributions and IETF Documents and translations thereof, provided that: (x) each such portion is clearly attributed to IETF and identifies the RFC or other IETF Document or IETF Contribution from which it is taken, (y) all IETF legends, legal notices and indications of authorship IETF Trust Legal Provisions Relating to IETF Documents Effective Date: December 28, 2009 3 contained in the original IETF RFC must also be included where any substantial portion of the text of an IETF RFC, and in any event where more than one-fifth of such text, is reproduced in a single document or series of related documents.
d. Licenses that are not Granted. The following licenses are not granted pursuant to these Legal Provisions:
i. any license to modify IETF Contributions or IETF Documents, or portions thereof (other than to make translations or to extract, use and modify Code Components as permitted under the licenses granted under Section 4 of these Legal Provisions) in any context outside the IETF Standards Process, or
ii. any license to publish, display or distribute IETF Contributions or IETF Documents, or portions thereof, without the required legends and notices described in these Legal Provisions.
e. Requesting Additional Rights. Anyone who wishes to request license rights from the IETF Trust in addition to those granted under these Legal Provisions may submit such request to trustees@ietf.org. Such request will be considered by the IETF Trust, which will make a decision regarding the request in its sole discretion and inform the requester of its disposition. In addition, individual Contributors may be contacted regarding licenses to their IETF Contributions. The IETF Trust does not limit the ability of IETF Contributors to license their Contributions, so long as those licenses do not affect the rights granted to the IETF Trust under RFC 5378.
4. License to Code Components.
a. Definition. IETF Contributions and IETF Documents often include components intended to be directly processed by a computer ("Code Components"). A list of common Code Components can be found at http://trustee.ietf.org/license-info/.
b. Identification. Text in IETF Contributions and IETF Documents of the types identified in Section 4.a above shall constitute "Code Components". In addition, any text found between the markers <CODE BEGINS> and <CODE ENDS>, or otherwise clearly labeled as a Code Component, shall be considered a "Code Component".
c. License. In addition to the licenses granted under Section 3, unless one of the legends contained in Section 6.c.i or 6.c.ii is included in an IETF Document containing Code Components, such Code Components are also licensed to each person who wishes to receive such a license on the terms of the "Simplified BSD License", as described below. If a licensee elects to apply the BSD License to a Code Component, then the additional licenses and restrictions set forth in Section 3 and elsewhere in these Legal Provisions shall not apply thereto. Note that this license is specifically offered for IETF Documents and may not be available for Alternate Stream documents. See Section 8 for licensing information for the appropriate stream.
BSD License: Copyright (c) <insert year> IETF Trust and the persons identified as authors of the code.
All rights IETF Trust Legal Provisions Relating to IETF Documents
Effective Date: December 28, 2009 4 reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
• Neither the name of Internet Society, IETF or IETF Trust, nor the names of specific contributors, may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The above BSD License is intended to be compatible with the Simplified BSD License template published at http://opensource.org/licenses/bsd-license.php .
d. Attribution. Those who use Code Components under the license granted under Section 4.c above are requested to attribute each such Code Component to IETF and identify the RFC or other IETF Document or IETF Contribution from which it is taken. Such attribution may be placed in the code itself (e.g., "This code was derived from IETF RFC *insert RFC number]. Please reproduce this note if possible."), or any other reasonable location.
e. BSD License Text. For purposes of compliance with the redistribution clauses of the Simplified BSD License set forth in Section 4.c above, it is permissible, when using Code Components extracted from IETF Contributions and IETF Documents, either (1) to reproduce the entire text of the Simplified BSD License set forth in Section 4.c above as part of such Code Component, or (2) to include in such Code Component the legend set forth in Section 6.d below.
5. License Limitations.
a. No Patent License. The licenses granted under these Legal Provisions shall not be
deemed to grant any right under any patent, patent application or similar intellectual property
right.
b. Supersedure. The terms of any license granted under these Legal Provisions may be
superseded by a written agreement between the IETF Trust and the licensee that specifically
references and supersedes the relevant provisions of these Legal Provisions, except that (i) the
IETF Trust shall in no event be authorized to grant rights with respect to any Contribution in
excess of those which it has been granted by the Contributor, and (ii) the rights granted shall not
be less than those otherwise granted under these Legal Provisions.
c. Pre-5378 Material. In some cases, IETF Contributions or IETF Documents may
contain material from IETF Contributions or IETF Documents published or made publicly
available before November 10, 2008 as to which the persons controlling the copyright in such
material have not granted rights to the IETF Trust under the terms of RFC 5378 ("Pre-5378
Material"). If a Contributor includes the legend contained in Section 6.c.iii of these Legal
Provisions on such IETF Contributions or IETF Documents containing Pre-5378 Materials, the
IETF Trust agrees that it shall not grant any third party the right to use such Pre-5378 Material
outside the IETF Standards Process unless and until it has obtained sufficient rights to do so from
the persons controlling the copyright in such Pre-5378 Material. Where practical, Contributors
are encouraged to identify which portions of such IETF Contributions and IETF Documents
contain Pre-5378 Material, including the source (by RFC number or otherwise) of the Pre-5378
Material.
6. Text To Be Included in IETF Documents.
The following text must be included in each IETF Document as specified below.
The IESG shall specify the manner and location of such text for Internet-Drafts.
The RFC Editor shall specify the manner and location of such text for RFCs.
The copyright notice specified in 6.b below shall be placed so as to give reasonable
notice of the claim of copyright.
a. Submission Compliance for Internet-Drafts. In each Internet-Draft:
This Internet-Draft is submitted in full conformance with the provisions of BCP 78 and BCP 79.
b. Copyright and License Notice. In each Document (including RFCs and InternetDrafts):
i. Copyright and License Notice.
Copyright (c) <insert year> IETF Trust and the persons identified as the document authors. All
rights reserved.
This document is subject to BCP 78 and the IETF Trust’s Legal Provisions Relating to IETF
Documents (http://trustee.ietf.org/license-info) in effect on the date of publication of this
document. Please review these documents carefully, as they describe your rights and restrictions
with respect to this document. Code Components extracted from this document must include
Simplified BSD License text as described in Section 4.e of the Trust Legal Provisions and are
provided without warranty as described in the Simplified BSD License.
ii. Alternate Stream Documents Copyright and License Notice. In all Alternate
Stream Documents (including RFCs and Internet-Drafts):
Copyright (c) <insert year> IETF Trust and the persons identified as the document authors. All
rights reserved.
This document is subject to BCP 78 and the IETF Trust’s Legal Provisions Relating to IETF
Documents (http://trustee.ietf.org/license-info) in effect on the date of publication of this
document. Please review these documents carefully, as they describe your rights and restrictions
with respect to this document.
c. Derivative Works and Publication Limitations. If a Contributor chooses to limit
the right to make modifications and derivative works of an IETF Contribution, then one of the
notices in clause (i) or (ii) below must be included. Note that an IETF Contribution with such a
notice cannot become a Standards Track document or, in most cases, a working group document.
If an IETF Contribution contains pre-5378 Material as to which the IETF Trust has not been
granted, or may not have been granted, the necessary permissions to allow modification of such
pre-5378 Material outside the IETF Standards Process, then the notice in clause (iii) may be
included by the Contributor of such IETF Contribution to limit the right to make modifications to
such pre-5378 Material outside the IETF Standards Process.
i. If the Contributor does not wish to allow modifications, but does wish to allow publication as an RFC:
This document may not be modified, and derivative works of it may not be created, except to
format it for publication as an RFC or to translate it into languages other than English.
ii. If the Contributor does not wish to allow modifications nor to allow publication as an RFC:
This document may not be modified, and derivative works of it may not be created, and it may not
be published except as an Internet-Draft.
iii. If an IETF Contribution contains pre-5378 Material as to which the IETF Trust has not been granted, or may not have been granted, the necessary permissions to allow modification of such pre-5378 Material outside the IETF Standards Process:
This document may contain material from IETF Documents or IETF Contributions published or
made publicly available before November 10, 2008. The person(s) controlling the copyright in
some of this material may not have granted the IETF Trust the right to allow modifications of such
material outside the IETF Standards Process. Without obtaining an adequate license from the
person(s) controlling the copyright in such materials, this document may not be modified outside
the IETF Standards Process, and derivative works of it may not be created outside the IETF
Standards Process, except to format it for publication as an RFC or to translate it into languages
other than English.
d. BSD License Notification. In lieu of the complete text of the Simplified BSD
License set forth in Section 4.c, a person who elects to license a Code Component under the
Simplified BSD License as described in Section 4.c may use the following notification in the
program or other file that includes the Code Component:
Copyright (c) <insert year> IETF Trust and the persons identified as authors of the code.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, is permitted pursuant to,
and subject to the license terms contained in, the Simplified BSD License set forth in Section 4.c of the
IETF Trust’s Legal Provisions Relating to IETF Documents (http://trustee.ietf.org/license-info).
7. Terms Applicable to All IETF Documents.
The following legal terms apply to all IETF Documents:
a. ALL DOCUMENTS AND THE INFORMATION CONTAINED THEREIN
ARE PROVIDED ON AN "AS IS" BASIS AND THE CONTRIBUTOR, THE
ORGANIZATION HE/SHE REPRESENTS OR IS SPONSORED BY (IF ANY), THE
INTERNET SOCIETY, THE IETF TRUST, THE INTERNET ENGINEERING TASK FORCE
AND ANY APPLICABLE MANAGERS OF ALTERNATE STREAM DOCUMENTS, AS
DEFINED IN SECTION 8 BELOW, DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF
THE INFORMATION THEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. The IETF Trust takes no position regarding the validity or scope of any
Intellectual Property Rights or other rights that might be claimed to pertain to the implementation
or use of the technology described in any IETF Document or the extent to which any license
under such rights might or might not be available; nor does it represent that it has made any
independent effort to identify any such rights.
c. Copies of Intellectual Property disclosures made to the IETF Secretariat and
any assurances of licenses to be made available, or the result of an attempt made to obtain a
general license or permission for the use of such proprietary rights by implementers or users of
this specification can be obtained from the IETF on-line IPR repository at
http://www.ietf.org/ipr.
d. The IETF invites any interested party to bring to its attention any copyrights,
patents or patent applications, or other proprietary rights that may cover technology that may be
required to implement any standard or specification contained in an IETF Document. Please
address the information to the IETF at ietf-ipr@ietf.org.
e. The definitive version of an IETF Document is that published by, or under the
auspices of, the IETF. Versions of IETF Documents that are published by third parties,
including those that are translated into other languages, should not be considered to be definitive
versions of IETF Documents. The definitive version of these Legal Provisions is that published
by, or under the auspices of, the IETF. Versions of these Legal Provisions that are published by
third parties, including those that are translated into other languages, should not be considered to
be definitive versions of these Legal Provisions.
f. For the avoidance of doubt, each Contributor licenses each Contribution that
he or she makes to the IETF Trust pursuant to the provisions of RFC 5378. No language to the
contrary, or terms, conditions or rights that differ from or are inconsistent with the rights and
licenses granted under RFC 5378, shall have any effect and shall be null and void, whether
published or posted by such Contributor, or included with or in such Contribution.
8. Application to non-IETF Stream Documents
a. General. These Legal Provisions have been developed by the IETF Trust for the
benefit and use of the IETF community in accordance with the guidance provided in RFC 5377.
As such, these Legal Provisions apply to all IETF Contributions and IETF Documents that are in
the "IETF Document Stream" as defined in Section 5.1.1 of RFC 4844 (i.e., those that are
contributed, developed, edited and published as part of the IETF Standards Process). As
indicated in Section 4 of RFC 5378, the IETF rules regarding copyrights (which are embodied in
these Legal Provisions) do not by their terms cover documents or materials contributed or
published outside of the IETF Document Stream, even if they are referred to as Internet-Drafts or
RFCs and/or published by the RFC Editor. The IAB Document Stream, the IRTF Document
Stream and the Independent Submission Stream, each as defined in Section 5.1 of RFC 4844 are
referred to collectively herein as "Alternate Streams".
b. Adoption by Alternate Streams. The legal rules that apply to documents in
Alternate Streams are established by the managers of those Alternate Streams as defined in RFC
4844. (i.e., the Internet Architecture Board (IAB), Internet Research Steering Group (IRSG) and
Independent Submission Editor). These managers may elect, through their own internal
processes, to cause these Legal Provisions to be applied to documents contributed to them for
development, editing and publication in their respective Alternate Streams. If an Alternate
Stream manager elects to adopt these Legal Provisions and to utilize the IETF Trust as the
licensing administrator for such Alternate Stream, the IETF Trust will update these Legal
Provisions to reflect the specific manner in which it will so act, and shall do so consistently with
the stated wishes of the Alternate Stream manager to the extent consistent with the IETF Trust’s
legal obligations and the instructions of the IETF community embodied in RFC 5377 and
elsewhere.
c. Alternate Stream License.
i. Unless otherwise specified below, for each Alternate Stream for which the
IETF Trust acts as licensing administrator, from the date on which these Legal Provisions are
effective with respect to such Alternate Stream (as specified below) the IETF Trust shall accept
licenses of copyrights in documents granted to the IETF Trust by contributors to Alternate
Stream as though granted pursuant to RFC 5378, and shall grant licenses to others on the terms
of these Legal Provisions.
ii. Each occurrence of the term "IETF Contribution" and "IETF Document"
in these Legal Provisions shall be read to mean a Contribution or document in such Alternate
Stream, as the case may be. The disclaimer in Section 7.a of these Legal Provisions shall apply
to the manager of such Alternate Stream as defined in RFC 4844 as though such manager were
expressly listed in Section 7.a.
iii. The license grant in Section 3.a of these Legal Provisions with respect to
Alternate Stream documents shall not be limited to the IETF Standards Process, and all
references to the IETF Standards Process in Section 3.a shall be omitted with respect to licenses
of Alternate Stream documents, and correspondingly Section 3.c hereof shall not apply with
respect to Alternate Stream documents.
iv. Alternate Stream contributions made, and Alternate Stream documents
published, prior to the application of these Legal Provisions to such Alternate Stream remain
subject to the licensing provisions in effect for such Alternate Stream at the time of their
contribution or publication, as applicable.
d. Responsibility of Alternate Stream Contributors. Sections 5.c and 6.c.iii of these
Legal Provisions shall not apply to Alternate Stream documents, thus contributors of
Contribution to Alternate Streams must assure themselves that they comply with the
representations and warranties required under RFC 5378, including under Section 5.6 of RFC
5378, with respect to the entirety of their Alternate Stream Contributions prior to making the
contribution.
e. IAB Document Stream. Pursuant to Section 11 of RFC 5378, the IAB requested,
as of April 4, 2008, that the IETF Trust act as licensing administrator for the IAB Document
Stream and that these Legal Provisions be applied to documents submitted and published in the
IAB Document Stream following the Effective Date of RFC 5378. Section 4 of these Legal
Provisions shall not apply to documents in the IAB Document Stream, and all references to
Section 4 hereof shall be disregarded with respect to documents in the IAB Document Stream
pursuant to RFC 5745 published on December 21, 2009.
f. Independent Submission Stream. Pursuant to RFC 5744 published on December
17, 2009, the manager of the Independent Submission Stream has requested that the IETF Trust
act as licensing administrator for the Independent Submission Stream and that these Legal
Provisions be applied to documents submitted and published in the Independent Submission
Stream following December 28, 2009. Section 4 of these Legal Provisions shall not apply to
documents in the Independent Submission Stream, and all references to Section 4 hereof shall be
disregarded with respect to documents in the Independent Submission Stream.
g. IRTF Document Stream. Pursuant to RFC 5743 published on December 24,
2009, the manager of the IRTF Document Stream has requested that the IETF Trust act as
licensing administrator for the IRTF Document Stream and that these Legal Provisions be
applied to documents submitted and published in the IRTF Document Stream following
December 28, 2009. Section 4 of these Legal Provisions shall not apply to documents in the
IRTF Document Stream, and all references to Section 4 hereof shall be disregarded with respect
to documents in the IRTF Document Stream.
This document and translations of it may be copied and furnished to
others, and derivative works that comment on or otherwise explain it
or assist in its implementation may be prepared, copied, published
and distributed, in whole or in part, without restriction of any
kind, provided that the above copyright notice and this paragraph are
included on all such copies and derivative works. However, this
document itself may not be modified in any way, such as by removing
the copyright notice or references to the Internet Society or other
Internet organizations, except as needed for the purpose of
developing Internet standards in which case the procedures for
copyrights defined in the Internet Standards process must be
followed, or as required to translate it into languages other than
English.
The limited permissions granted above are perpetual and will not be
revoked by the Internet Society or its successors or assigns.
This document and the information contained herein is provided on an
"AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING
TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION
HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In plain English:
We don't promise that this software works. (But if you find any bugs, please let us know!)
You can use this software for whatever you want. You don't have to pay us.
You may not pretend that you wrote this software. If you use it in a program, you must
acknowledge somewhere in your documentation that you've used the IJG code.
In legalese:
The authors make NO WARRANTY or representation, either express or implied,
with respect to this software, its quality, accuracy, merchantability, or
fitness for a particular purpose. This software is provided "AS IS", and you,
its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-2020, Thomas G. Lane, Guido Vollbeding.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this
software (or portions thereof) for any purpose, without fee, subject to these
conditions:
(1) If any part of the source code for this software is distributed, then this
README file must be included, with this copyright and no-warranty notice
unaltered; and any additions, deletions, or changes to the original files
must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying
documentation must state that "this software is based in part on the work of
the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts
full responsibility for any undesirable consequences; the authors accept
NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code,
not just to the unmodified library. If you use our work, you ought to
acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name
in advertising or publicity relating to this software or products derived from
it. This software may be referred to only as "the Independent JPEG Group's
software".
We specifically permit and encourage the use of this software as the basis of
commercial products, provided that all warranty or liability claims are
assumed by the product vendor.
The authors make NO WARRANTY or representation, either express or
implied, with respect to this software, its quality, accuracy,
merchantability, or fitness for a particular purpose. This software is
provided "AS IS", and you, its user, assume the entire risk as to its
quality and accuracy.
This software is copyright (C) 1991, 1992, Thomas G. Lane. All Rights
Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this
software (or portions thereof) for any purpose, without fee, subject to
these conditions:
(1) If any part of the source code for this software
is distributed, then this README file must be included, with this
copyright and no-warranty notice unaltered; and any additions,
deletions, or changes to the original files must be clearly indicated
in accompanying documentation.
(2) If only executable code is
distributed, then the accompanying documentation must state that "this
software is based in part on the work of the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user
accepts full responsibility for any undesirable consequences; the
authors accept NO LIABILITY for damages of any kind.
Permission is NOT granted for the use of any IJG author's name or
company name in advertising or publicity relating to this software or
products derived from it. This software may be referred to only as
"the Independent JPEG Group's software".
We specifically permit and encourage the use of this software as the
basis of commercial products, provided that all warranty or liability
claims are assumed by the product vendor.
LEGAL ISSUES
============
In plain English:
1. We don't promise that this software works. (But if you find any bugs,
please let us know!)
2. You can use this software for whatever you want. You don't have to pay us.
3. You may not pretend that you wrote this software. If you use it in a
program, you must acknowledge somewhere in your documentation that
you've used the IJG code.
In legalese:
The authors make NO WARRANTY or representation, either express or implied,
with respect to this software, its quality, accuracy, merchantability, or
fitness for a particular purpose. This software is provided "AS IS", and you,
its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this
software (or portions thereof) for any purpose, without fee, subject to these
conditions:
(1) If any part of the source code for this software is distributed, then this
README file must be included, with this copyright and no-warranty notice
unaltered; and any additions, deletions, or changes to the original files
must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying
documentation must state that "this software is based in part on the work of
the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts
full responsibility for any undesirable consequences; the authors accept
NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code,
not just to the unmodified library. If you use our work, you ought to
acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name
in advertising or publicity relating to this software or products derived from
it. This software may be referred to only as "the Independent JPEG Group's
software".
We specifically permit and encourage the use of this software as the basis of
commercial products, provided that all warranty or liability claims are
assumed by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch,
sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA.
ansi2knr.c is NOT covered by the above copyright and conditions, but instead
by the usual distribution terms of the Free Software Foundation; principally,
that you must include source code if you redistribute it. (See the file
ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part
of any program generated from the IJG code, this does not limit you more than
the foregoing paragraphs do.
The Unix configuration script "configure" was produced with GNU Autoconf.
It is copyright by the Free Software Foundation but is freely distributable.
The same holds for its supporting scripts (config.guess, config.sub,
ltconfig, ltmain.sh). Another support script, install-sh, is copyright
by M.I.T. but is also freely distributable.
It appears that the arithmetic coding option of the JPEG spec is covered by
patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot
legally be used without obtaining one or more licenses. For this reason,
support for arithmetic coding has been removed from the free JPEG software.
(Since arithmetic coding provides only a marginal gain over the unpatented
Huffman mode, it is unlikely that very many implementations will support it.)
So far as we are aware, there are no patent restrictions on the remaining
code.
The IJG distribution formerly included code to read and write GIF files.
To avoid entanglement with the Unisys LZW patent, GIF reading support has
been removed altogether, and the GIF writer has been simplified to produce
"uncompressed GIFs". This technique does not use the LZW algorithm; the
resulting GIF files are larger than usual, but are readable by all standard
GIF decoders.
We are required to state that
"The Graphics Interchange Format(c) is the Copyright property of
CompuServe Incorporated. GIF(sm) is a Service Mark property of
CompuServe Incorporated."
Permission to use, copy, modify and distribute this
software and its documentation is hereby granted,
provided that both the copyright notice and this
permission notice appear in all copies of the software,
derivative works or modified versions, and any portions
thereof, that both notices appear in supporting
documentation, and that the use of this software is
acknowledged in any publications resulting from using
the software.
I ALLOW FREE USE OF THIS SOFTWARE IN ITS "AS IS"
CONDITION AND DISCLAIM ANY LIABILITY OF ANY KIND FOR
ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THIS
SOFTWARE.
ImageMagick License
The legally binding and authoritative terms and conditions for use, reproduction, and distribution of ImageMagick follow:
Copyright 1999-2009 ImageMagick Studio LLC, a non-profit organization dedicated to making software imaging solutions freely available.
1. Definitions. License shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. Licensor shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. You (or Your) shall mean an individual or Legal Entity exercising permissions granted by this License. Source form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. Object form shall mean any form resulting from mechanical transformation or translation of a Source form, including limited to compiled object code, generated documentation, conversions to other media types. Work shall mean the work of authorship, whether in Source Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). Derivative Works shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. Contribution shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, submitted means any form of electronic, verbal, or written communication intentionally sent to the Licensor by its copyright holder or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as Not a Contribution. Contributor shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
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8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License.
APPENDIX: How to apply the ImageMagick License to your work To apply the ImageMagick License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format.
Copyright [yyyy] [name of copyright owner]
Licensed under the ImageMagick License (the "License"); you may not use
this file except in compliance with the License. You may obtain a copy
of the License at http://www.imagemagick.org/www/license.html
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the
License for the specific language governing permissions and limitations
under the License.
This code may be duplicated in whole or in part provided that
[1] there is no commercial gain involved in the duplication, and
[2] that this copyright notice is preserved on all copies.
Any other duplication requires written notice of the author.
Imlib2 License
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal in the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies of the Software and its Copyright notices. In addition publicly
documented acknowledgment must be given that this software has been used if no
source code of this software is made available publicly. Making the source
available publicly means including the source for this software with the
distribution, or a method to get this software via some reasonable mechanism
(electronic transfer via a network or media) as well as making an offer to
supply the source on request. This Copyright notice serves as an offer to
supply the source on on request as well. Instead of this, supplying
acknowledgments of use of this software in either Copyright notices, Manuals,
Publicity and Marketing documents or any documentation provided with any
product containing this software. This License does not apply to any software
that links to the libraries provided by this software (statically or
dynamically), but only to the software provided.
Please see the COPYING-PLAIN for a plain-english explanation of this notice
and its intent.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
As a special exception, the copyright holders of this library give you
permission to link this library with independent modules to produce an
executable, regardless of the license terms of these independent modules, and to
copy and distribute the resulting executable under terms of your choice,
provided that you also meet, for each linked independent module, the terms and
conditions of the license of that module. An independent module is a module
which is neither derived from nor based on this library. If you modify this
library, you may extend this exception to your version of the library, but you
are not obligated to do so. If you do not wish to do so, delete this exception
statement from your version.
Indiana University Extreme! Lab Software License, Version 1.2
Copyright (C) 2004 The Trustees of Indiana University.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1) All redistributions of source code must retain the above
copyright notice, the list of authors in the original source
code, this list of conditions and the disclaimer listed in this
license;
2) All redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the disclaimer
listed in this license in the documentation and/or other
materials provided with the distribution;
3) Any documentation included with all redistributions must include
the following acknowledgement:
"This product includes software developed by the Indiana
University Extreme! Lab. For further information please visit
http://www.extreme.indiana.edu/"
Alternatively, this acknowledgment may appear in the software
itself, and wherever such third-party acknowledgments normally
appear.
4) The name "Indiana University" or "Indiana University
Extreme! Lab" shall not be used to endorse or promote
products derived from this software without prior written
permission from Indiana University. For written permission,
please contact http://www.extreme.indiana.edu/.
5) Products derived from this software may not use "Indiana
University" name nor may "Indiana University" appear in their name,
without prior written permission of the Indiana University.
Indiana University provides no reassurances that the source code
provided does not infringe the patent or any other intellectual
property rights of any other entity. Indiana University disclaims any
liability to any recipient for claims brought by any other entity
based on infringement of intellectual property rights or otherwise.
LICENSEE UNDERSTANDS THAT SOFTWARE IS PROVIDED "AS IS" FOR WHICH
NO WARRANTIES AS TO CAPABILITIES OR ACCURACY ARE MADE. INDIANA
UNIVERSITY GIVES NO WARRANTIES AND MAKES NO REPRESENTATION THAT
SOFTWARE IS FREE OF INFRINGEMENT OF THIRD PARTY PATENT, COPYRIGHT, OR
OTHER PROPRIETARY RIGHTS. INDIANA UNIVERSITY MAKES NO WARRANTIES THAT
SOFTWARE IS FREE FROM "BUGS", "VIRUSES", "TROJAN HORSES", "TRAP
DOORS", "WORMS", OR OTHER HARMFUL CODE. LICENSEE ASSUMES THE ENTIRE
RISK AS TO THE PERFORMANCE OF SOFTWARE AND/OR ASSOCIATED MATERIALS,
AND TO THE PERFORMANCE AND VALIDITY OF INFORMATION GENERATED USING
SOFTWARE.
Indiana University Extreme! Lab Software License Version 1.1.1
Copyright (c) 2002 Extreme! Lab, Indiana University. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Indiana University Extreme! Lab (http://www.extreme.indiana.edu/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "Indiana University" and "Indiana University Extreme! Lab" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact (http://www.extreme.indiana.edu/).
5. Products derived from this software may not use "Indiana University" name nor may "Indiana University" appear in their name, without prior written permission of the Indiana University.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No Warranty
Because the program is licensed free of charge, there is no warranty for
the program, to the extent permitted by applicable law. Except when
otherwise stated in writing the copyright holders and/or other parties
provide the program "as is" without warranty of any kind, either
expressed or implied, including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose. The
entire risk as to the quality and performance of the program is with
you. should the program prove defective, you assume the cost of all
necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing
will any copyright holder, or any other party who may modify and/or
redistribute the program as permitted above, be liable to you for
damages, including any general, special, incidental or consequential
damages arising out of the use or inability to use the program
(including but not limited to loss of data or data being rendered
inaccurate or losses sustained by you or third parties or a failure of
the program to operate with any other programs), even if such holder or
other party has been advised of the possibility of such damages.
This is the Info-ZIP file COPYING (for UnZip), last updated 5 Oct 97.
There are currently six explicit copyrights on portions of UnZip
code (at least, of which Info-ZIP is aware): the original Sam Smith
copyright on unzip 2.0, upon which Info-ZIP's UnZip 3.0 was based;
Igor Mandrichenko's copyright on his routines in vms.c; Greg Roelofs'
copyright on zipinfo.c and the new version of unshrink.c; Mike White's
copyright on the Windows DLL code (windll/*); Steve P. Miller's
copyright on the Pocket UnZip GUI (wince/*); and Norbert Pueschel's
copyright on the Amiga time.lib code. In addition, Mark Adler has
placed inflate.h, inflate.c, explode.c and funzip.c into the public
domain; i.e., these files may be used without any restrictions beyond
those of simple courtesy (credit where it's due). All of these are
discussed immediately below. The remaining code is covered by an im-
plicit copyright under US law. Frequently Asked Questions regarding
(re)distribution of Zip and UnZip are near the end of this file.
There are no known patents on any of the code in UnZip. Unisys
claims a patent on LZW encoding and on LZW decoding _in an apparatus
that performs LZW encoding_, but the patent appears to exempt a stand-
alone decoder (as in UnZip's unshrink.c). Unisys has publicly claimed
otherwise, but the issue has never been tested in court. Since this
point is unclear, unshrinking is not enabled by default. It is the
responsibility of the user to make his or her peace with Unisys and
its licensing requirements. (unshrink.c may be removed from future
releases altogether.)
The original unzip source code has been extensively modified and
almost entirely rewritten (changes include random zipfile access
rather than sequential; replacement of unimplode() with explode();
replacement of old unshrink() with new (unrelated) unshrink(); re-
placement of output routines; addition of inflate(), wildcards,
filename-mapping, text translation, ...; etc.). As far as we can
tell, the only remaining code that is substantially similar to
Mr. Smith's is that in the file unreduce.c, which now by default
is NOT compiled. The following copyright applies to unreduce.c:
* Copyright 1989 Samuel H. Smith; All rights reserved
*
* Do not distribute modified versions without my permission.
* Do not remove or alter this notice or any other copyright notice.
* If you use this in your own program you must distribute source code.
* Do not use any of this in a commercial product.
Regarding the first stipulation, Mr. Smith was tracked down in southern
California some years back [Samuel H. Smith, The Tool Shop; as of mid-
May 1994, (213) 851-9969 (voice), (213) 887-2127(?) (subscription BBS),
71150.2731@compuserve.com]:
"He says that he thought that whoever contacted him understood that
he has no objection to the Info-ZIP group's inclusion of his code.
His primary concern is that it remain freely distributable, he said."
Despite the fact that our "normal" code has been entirely rewritten
and by default no longer contains any of Mr. Smith's code, Info-ZIP
remains indebted and grateful to him. We hope he finds our contribu-
tions as useful as we have his.
Note that the third and fourth stipulations still apply to any com-
pany that wishes to incorporate the unreduce code into its products;
if you wish to do so, you must contact Mr. Smith directly regarding
licensing.
The following copyright applies to most of the VMS code in vms.c,
distributed with UnZip version 4.2 and later:
* Copyright (c) 1992 Igor Mandrichenko.
* Permission is granted to any individual or institution to use,
* copy, or redistribute this software so long as all of the orig-
* inal files are included unmodified, that it is not sold for
* profit, and that this copyright notice is retained.
The following copyright applies to the new version of unshrink.c,
distributed with UnZip version 5.2 and later:
* Copyright (c) 1994 Greg Roelofs.
* Permission is granted to any individual/institution/corporate
* entity to use, copy, redistribute or modify this software for
* any purpose whatsoever, subject to the conditions noted in the
* Frequently Asked Questions section below, plus one additional
* condition: namely, that my name not be removed from the source
* code. (Other names may, of course, be added as modifications
* are made.) Corporate legal staff (like at IBM :-) ) who have
* problems understanding this can contact me through Zip-Bugs...
The following copyright applies to the Windows DLL code (windll/*),
distributed with UnZip version 5.2 and later:
* Copyright (c) 1996 Mike White.
* Permission is granted to any individual or institution to use,
* copy, or redistribute this software so long as all of the original
* files are included, that it is not sold for profit, and that this
* copyright notice is retained.
The following copyright applies to the Windows CE GUI port, ``Pocket
UnZip,'' distributed with UnZip version 5.3 and later:
* All the source files for Pocket UnZip, except for components
* written by the Info-ZIP group, are copyrighted 1997 by Steve P.
* Miller. The product "Pocket UnZip" itself is property of the
* author and cannot be altered in any way without written consent
* from Steve P. Miller.
The following copyright applies to the Amiga time code (amiga/time_lib.c),
distributed with UnZip version 5.32 and later:
* This source is copyrighted by Norbert Pueschel,
* <pueschel@imsdd.meb.uni-bonn.de>.
* From 'clockdaemon.readme' (available from Aminet, including
* ftp://ftp.wustl.edu/pub/aminet/util/time/clockdaemon.lha):
* "The original SAS/C functions gmtime, localtime, mktime and time
* do not work correctly. The supplied link library time.lib contains
* replacement functions for them."
* Permission is granted to the Info-ZIP group to redistribute the
* time.lib source. The use of time.lib functions in own, noncommerical
* programs is permitted. It is only required to add the timezone.doc
* to such a distribution. Using the time.lib library in commerical
* software (including shareware) is only permitted after prior
* consultation of the author.
The remaining code was written by many people associated with the
Info-ZIP group, with large contributions from (but not limited to):
Greg Roelofs (overall program logic, ZipInfo, unshrink, filename
mapping/portability, etc.), Mark Adler (inflate, explode, funzip),
Kai Uwe Rommel (OS/2), John Bush and Paul Kienitz (Amiga), Antoine
Verheijen (Macintosh), Hunter Goatley (more VMS), Mike White (Windows
DLLs), Christian Spieler (overall logic, optimization, VMS, etc.) and
others. See the file CONTRIBS in the source distribution for a much
more complete list of contributors. As noted above, Mark Adler's
inflate.[ch], explode.c and funzip.c are in the public domain, and
everything that isn't otherwise accounted for is implicitly copy-
righted by Info-ZIP. In other words, use it with our blessings, but
it's still our code. Thank you!
-----------------------------------------------------------------------
Frequently Asked Questions about distributing Zip and UnZip:
Q. Can I distribute Zip and UnZip sources and/or executables?
A. You may redistribute the latest official distributions without
any modification, and without even asking us for permission.
(Note that an "executable distribution" includes documentation,
even if it's in a separate zipfile; plain executables do NOT
count.) You can charge for the cost of the media (CDROM, disk-
ettes, etc.), the compilation (e.g., of a software archive),
and a small copying fee. Distributed archives should follow
the naming conventions used in the `WHERE' file. If you want
to distribute modified versions, please contact us at
Zip-Bugs@lists.wku.edu first. You must not distribute beta
versions without explicit permission to do so.
Q. Can I use the executables (or DLLs) of Zip and UnZip to distribute
my software?
A. Yes, so long as it is clear that Zip and UnZip are not being
sold, that the source code is freely available, and that there
are no extra or hidden charges resulting from its use by or in-
clusion with the commercial product. Here is an example of a
suitable notice:
NOTE: <Product> is packaged on this CD using Info-ZIP's
compression utility. The installation program uses UnZip
to read zip files from the CD. Info-ZIP's software (Zip,
UnZip and related utilities) is free and can be obtained
as source code or executables from Internet/WWW sites,
including http://www.cdrom.com/pub/infozip/ .
If the distribution is being done with UnZipSFX instead of a DLL
or stand-alone copy of UnZip (i.e., as one or more self-extracting
archives), no notice is required as long as the normal UnZipSFX
banner has not been removed.
Q. Can I use the source code of Zip and UnZip in my commercial
application?
A. Yes, so long as you include in your product an acknowledgment; a
pointer to the original, free compression sources; and a statement
making it clear that there are no extra or hidden charges resulting
from the use of our compression code in your product (see below for
an example). The acknowledgment should appear in at least one piece
of human-readable documentation (e.g., a README file or man page),
although additionally putting it in the executable(s) is OK, too.
In other words, you are allowed to sell only your own work, not ours,
and we'd like a little credit. (Note the additional restrictions
above on the code in unreduce.c, unshrink.c, vms.c, time_lib.c, and
everything in the wince and windll subdirectories.) Contact us at
Zip-Bugs@lists.wku.edu if you have special requirements. We also
like to hear when our code is being used, but we don't require that.
<Product> incorporates compression code from the Info-ZIP group.
There are no extra charges or costs due to the use of this code,
and the original compression sources are freely available from
http://www.cdrom.com/pub/infozip/ or ftp://ftp.cdrom.com/pub/infozip/
on the Internet.
If you only need compression capability, not full zipfile support,
you might want to look at zlib instead; it has fewer restrictions
on commercial use. See http://www.cdrom.com/pub/infozip/zlib/ .
This is version 2001-Jan-27 of the Info-ZIP copyright and license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2001 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as
the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois,
Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase,
Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum,
Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller,
Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel,
Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen,
Paul von Behren, Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express
or implied. In no event shall Info-ZIP or its contributors be held liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright notice,
definition, disclaimer, and this list of conditions.
2. Redistributions in binary form must reproduce the above copyright
notice, definition, disclaimer, and this list of conditions in
documentation and/or other materials provided with the distribution.
3. Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, and dynamic,
shared, or static library versions--must be plainly marked as such
and must not be misrepresented as being the original source. Such
altered versions also must not be misrepresented as being Info-ZIP
releases--including, but not limited to, labeling of the altered
versions with the names "Info-ZIP" (or any variation thereof, including,
but not limited to, different capitalizations), "Pocket UnZip," "WiZ"
or "MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the
Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its own source and
binary releases.
This is version 2002-Feb-16 of the Info-ZIP copyright and license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2002 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as
the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois,
Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase,
Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum,
Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller,
Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel,
Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen,
Paul von Behren, Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express
or implied. In no event shall Info-ZIP or its contributors be held liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright notice,
definition, disclaimer, and this list of conditions.
2. Redistributions in binary form (compiled executables) must reproduce
the above copyright notice, definition, disclaimer, and this list of
conditions in documentation and/or other materials provided with the
distribution. The sole exception to this condition is redistribution
of a standard UnZipSFX binary as part of a self-extracting archive;
that is permitted without inclusion of this license, as long as the
normal UnZipSFX banner has not been removed from the binary or disabled.
3. Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, and dynamic,
shared, or static library versions--must be plainly marked as such
and must not be misrepresented as being the original source. Such
altered versions also must not be misrepresented as being Info-ZIP
releases--including, but not limited to, labeling of the altered
versions with the names "Info-ZIP" (or any variation thereof, including,
but not limited to, different capitalizations), "Pocket UnZip," "WiZ"
or "MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the
Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its
own source and binary releases.
This is version 2003-May-08 of the Info-ZIP copyright and license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2003 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as
the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois,
Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase,
Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum,
Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller,
Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel,
Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen,
Paul von Behren, Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express
or implied. In no event shall Info-ZIP or its contributors be held liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright notice,
definition, disclaimer, and this list of conditions.
2. Redistributions in binary form (compiled executables) must reproduce
the above copyright notice, definition, disclaimer, and this list of
conditions in documentation and/or other materials provided with the
distribution. The sole exception to this condition is redistribution
of a standard UnZipSFX binary (including SFXWiz) as part of a
self-extracting archive; that is permitted without inclusion of this
license, as long as the normal SFX banner has not been removed from
the binary or disabled.
3. Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, and dynamic,
shared, or static library versions--must be plainly marked as such
and must not be misrepresented as being the original source. Such
altered versions also must not be misrepresented as being Info-ZIP
releases--including, but not limited to, labeling of the altered
versions with the names "Info-ZIP" (or any variation thereof, including,
but not limited to, different capitalizations), "Pocket UnZip," "WiZ"
or "MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the
Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its
own source and binary releases.
This is version 2004-May-22 of the Info-ZIP copyright and license. The
definitive version of this document should be available at ftp://ftp.info-
zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2004 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as the
following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-
loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase, Greg
Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum,
Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio
Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve
Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen, Paul von
Behren, Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express or
implied. In no event shall Info-ZIP or its contributors be held liable for any
direct, indirect, incidental, special or consequential damages arising out of
the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the following restrictions:
Redistributions of source code must retain the above copyright notice,
definition, disclaimer, and this list of conditions.
Redistributions in binary form (compiled executables) must reproduce the
above copyright notice, definition, disclaimer, and this list of conditions
in documentation and/or other materials provided with the distribution. The
sole exception to this condition is redistribution of a standard UnZipSFX
binary (including SFXWiz) as part of a self-extracting archive; that is
permitted without inclusion of this license, as long as the normal SFX
banner has not been removed from the binary or disabled.
Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, and dynamic, shared,
or static library versions--must be plainly marked as such and must not be
misrepresented as being the original source. Such altered versions also must
not be misrepresented as being Info-ZIP releases--including, but not limited
to, labeling of the altered versions with the names "Info-ZIP" (or any
variation thereof, including, but not limited to, different
capitalizations), "Pocket UnZip," "WiZ" or "MacZip" without the explicit
permission of Info-ZIP. Such altered versions are further prohibited from
misrepresentative use of the Zip-Bugs or Info-ZIP e-mail addresses or of the
Info-ZIP URL(s).
Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its own
source and binary releases.
This is version 2005-Feb-10 of the Info-ZIP copyright and license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2005 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as
the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois,
Jean-loup Gailly, Hunter Goatley, Ed Gordon, Ian Gorman, Chris Herborth,
Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz,
David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko,
Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs,
Kai Uwe Rommel, Steve Salisbury, Dave Smith, Steven M. Schweda,
Christian Spieler, Cosmin Truta, Antoine Verheijen, Paul von Behren,
Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express
or implied. In no event shall Info-ZIP or its contributors be held liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright notice,
definition, disclaimer, and this list of conditions.
2. Redistributions in binary form (compiled executables) must reproduce
the above copyright notice, definition, disclaimer, and this list of
conditions in documentation and/or other materials provided with the
distribution. The sole exception to this condition is redistribution
of a standard UnZipSFX binary (including SFXWiz) as part of a
self-extracting archive; that is permitted without inclusion of this
license, as long as the normal SFX banner has not been removed from
the binary or disabled.
3. Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, and dynamic,
shared, or static library versions--must be plainly marked as such
and must not be misrepresented as being the original source. Such
altered versions also must not be misrepresented as being Info-ZIP
releases--including, but not limited to, labeling of the altered
versions with the names "Info-ZIP" (or any variation thereof, including,
but not limited to, different capitalizations), "Pocket UnZip," "WiZ"
or "MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the
Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its
own source and binary releases.
This is version 2007-Mar-4 of the Info-ZIP license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely and
a copy at http://www.info-zip.org/pub/infozip/license.html.
Copyright (c) 1990-2007 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as
the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois,
Jean-loup Gailly, Hunter Goatley, Ed Gordon, Ian Gorman, Chris Herborth,
Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz,
David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko,
Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs,
Kai Uwe Rommel, Steve Salisbury, Dave Smith, Steven M. Schweda,
Christian Spieler, Cosmin Truta, Antoine Verheijen, Paul von Behren,
Rich Wales, Mike White.
This software is provided "as is," without warranty of any kind, express
or implied. In no event shall Info-ZIP or its contributors be held liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the above disclaimer and the following restrictions:
1. Redistributions of source code (in whole or in part) must retain
the above copyright notice, definition, disclaimer, and this list
of conditions.
2. Redistributions in binary form (compiled executables and libraries)
must reproduce the above copyright notice, definition, disclaimer,
and this list of conditions in documentation and/or other materials
provided with the distribution. The sole exception to this condition
is redistribution of a standard UnZipSFX binary (including SFXWiz) as
part of a self-extracting archive; that is permitted without inclusion
of this license, as long as the normal SFX banner has not been removed
from the binary or disabled.
3. Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, versions with
modified or added functionality, and dynamic, shared, or static library
versions not from Info-ZIP--must be plainly marked as such and must not
be misrepresented as being the original source or, if binaries,
compiled from the original source. Such altered versions also must not
be misrepresented as being Info-ZIP releases--including, but not
limited to, labeling of the altered versions with the names "Info-ZIP"
(or any variation thereof, including, but not limited to, different
capitalizations), "Pocket UnZip," "WiZ" or "MacZip" without the
explicit permission of Info-ZIP. Such altered versions are further
prohibited from misrepresentative use of the Zip-Bugs or Info-ZIP
e-mail addresses or the Info-ZIP URL(s), such as to imply Info-ZIP
will provide support for the altered versions.
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its
own source and binary releases.
This is version 2009-Jan-02 of the Info-ZIP license. The definitive version of
this document should be available at ftp://ftp.info-
zip.org/pub/infozip/license.html indefinitely and a copy at http://www.info-
zip.org/pub/infozip/license.html.
Copyright (c) 1990-2009 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as the
following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-
loup Gailly, Hunter Goatley, Ed Gordon, Ian Gorman, Chris Herborth, Dirk
Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David
Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P.
Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe
Rommel, Steve Salisbury, Dave Smith, Steven M. Schweda, Christian Spieler,
Cosmin Truta, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White.
This software is provided "as is," without warranty of any kind, express or
implied. In no event shall Info-ZIP or its contributors be held liable for any
direct, indirect, incidental, special or consequential damages arising out of
the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the above disclaimer and the following restrictions:
Redistributions of source code (in whole or in part) must retain the above
copyright notice, definition, disclaimer, and this list of conditions.
Redistributions in binary form (compiled executables and libraries) must
reproduce the above copyright notice, definition, disclaimer, and this list
of conditions in documentation and/or other materials provided with the
distribution. Additional documentation is not needed for executables where a
command line license option provides these and a note regarding this option
is in the executable's startup banner. The sole exception to this condition
is redistribution of a standard UnZipSFX binary (including SFXWiz) as part
of a self-extracting archive; that is permitted without inclusion of this
license, as long as the normal SFX banner has not been removed from the
binary or disabled.
Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, versions with
modified or added functionality, and dynamic, shared, or static library
versions not from Info-ZIP--must be plainly marked as such and must not be
misrepresented as being the original source or, if binaries, compiled from
the original source. Such altered versions also must not be misrepresented
as being Info-ZIP releases--including, but not limited to, labeling of the
altered versions with the names "Info-ZIP" (or any variation thereof,
including, but not limited to, different capitalizations), "Pocket UnZip,"
"WiZ" or "MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the Zip-Bugs
or Info-ZIP e-mail addresses or the Info-ZIP URL(s), such as to imply Info-
ZIP will provide support for the altered versions.
Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its own
source and binary releases.
Info-Zip License
This is version 1999-Oct-05 of the Info-ZIP copyright and license. The definitive version of this document should be available at ftp://ftp.cdrom.com/pub/infozip/license.html indefinitely.
Copyright (c) 1990-1999 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express or implied. In no event shall Info-ZIP or its contributors be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright notice, definition, disclaimer, and this list of conditions.
2. Redistributions in binary form must reproduce the above copyright notice, definition, disclaimer, and this list of conditions in documentation and/or other materials provided with the distribution.
3. Altered versions--including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, and dynamic, shared, or static library versions--must be plainly marked as such and must not be misrepresented as being the original source. Such altered versions also must not be misrepresented as being Info-ZIP releases--including, but not limited to, labeling of the altered versions with the names "Info-ZIP" (or any variation thereof, including, but not limited to, different capitalizations), "Pocket UnZip," "WiZ" or "MacZip" without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of theZip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its own source and binary releases.
InfoNode Software License Version 1.1
1. Definitions
"Work" shall mean the work that the copyright holder has made available under this license, as indicated by a notice included in or attached to the work.
"NNL" shall mean NNL Technology AB.
2. License Grants
You may copy and distribute the Work together with a product if all persons that have developed any part of the product that uses functionality of the Work directly or indirectly (i.e. uses software that directly or indirectly uses functionality of the Work) have purchased a developer license for the Work. For example, if developer A has developed software that uses the Work, and developer B has developed a product part that uses A's software, both A and B need to have purchased a developer license for the Work.
You are allowed to use an obfuscator like ProGuard (http://proguard.sourceforge.net) to obfuscate the Work together with a product that uses the Work. No support is provided by NNL for the obfuscated result.
3. License Restrictions
A product that uses the Work may not directly or indirectly expose any functionality of the Work to other components that are not a part of the product, including, but not limited to, other programs, libraries and plug-ins.
You may not transfer the grants of this license to anyone. The grants apply to you and noone else.
You may not grant any rights, including distribution rights, for the Work or any part of the Work to anyone.
You may not alter, split, merge, modify, adapt, decompile, reverse engineer, disassemble or translate the Work or any part of the Work. The only exception is obfuscation as described in section 2.2.
You may not sell, rent or lease the Work or any part of the Work.
In the event that you fail to comply with this license, NNL may terminate the license and you must destroy all copies of the Work.
The Work is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This license grants you limited use of the Work. NNL retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Work and all copies thereof. All rights not specifically granted in this license, including Federal and International Copyrights, are reserved by NNL.
4. Warranty Disclaimer
The Work is provided to you "as is". NNL provides no warranty for the Work. NNL is not, under any circumstances, liable for any damage, or any other events, arising directly or indirectly out of the use of the Work or any software using the Work.
Copyright (c) 2004 NNL Technology AB, www.nnl.se
Initial Developer's Public License Version 1.0
1. Definitions
1.0 "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.
1.1 "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.2 "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous
Modifications.
1.10. "Original Code" means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not
already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a
future version of this License issued under Section 6.1. For legal
entities, "You" includes any entity w hich controls, is controlled by,
or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display,
perform, sublicense and distribute the Original Code (or portions
thereof) with or without Modifications, and/or as part of a Larger Work;
and
(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions
thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on
the date Initial Developer first distributes Original Code under the
terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Code;
2) separate from the Original Code; or
3) for infringements caused by:
i) the modification of the Original Code or
ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor
(or portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: 1) Modifications made by that Contributor (or
portions thereof); and 2) the combination of Modifications made by that
Contributor with its Contributor Version (or portions of such
combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on
the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of
Contributor Version or
ii) the combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other devices;
or
4) under Patent Claims infringed by Covered Code in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to
which You contribute are governed by the terms of this License,
including without limitation Section 2.2. The Source Code version of
Covered Code may be distributed only under the terms of this License or
a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code
You distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this License
or the recipients' rights hereunder. However, You may include an
additional document offering the additional rights described in Section
3.5.
3.2. Availability of Source Code. Any Modification which You create or
to which You contribute must be made available in Source Code form under
the terms of this License either on the same media as an Executable
version or via an accepted Electronic Distribution Mechanism to anyone
to whom you made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available for at
least twelve (12) months after the date it initially became available,
or at least six (6) months after a subsequent version of that particular
Modification has been made available to such recipients. You are
responsible for ensuring that the Source Code version remains available
even if the Electronic Distribution Mechanism is maintained by a third
party.
3.3. Description of Modifications. You must cause all Covered Code to
which You contribute to contain a file documenting the changes You made
to create that Covered Code and the date of any change. You must include
a prominent statement that the Modification is derived, directly or
indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer in
(a) the Source Code, and
(b) in any notice in an Executable version or related documentation in
which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
a) Third Party Claims. If Contributor has knowledge that a license under
a third party's intellectual property rights is required to exercise the
rights granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code distribution
titled "LEGAL" which describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify
the LEGAL file in all copies Contributor makes available thereafter and
shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the
Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an
application programming interface and Contributor has knowledge of
patent licenses which are reasonably necessary to implement that API,
Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed
pursuant to Section 3.4(a) above, Contributor believes that
Contributor's Modifications are Contributor's original creation(s)
and/or Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in
each file of the Source Code. If it is not possible to put such notice
in a particular Source Code file due to its structure, then You must
include such notice in a location (such as a relevant directory) where a
user would be likely to look for such a notice. If You created one or
more Modification(s) You may add your name as a Contributor to the
notice described in Exhibit A. You must also duplicate this License in
any documentation for the Source Code where You describe recipients'
rights or ownership rights relating to Covered Code. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of the
Initial Developer or any Contributor. You must make it absolutely clear
than any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of Section 3.1-3.5 have
been met for that Covered Code, and if You include a notice stating that
the Source Code version of the Covered Code is available under the terms
of this License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights
relating to the Covered Code. You may distribute the Executable version
of Covered Code or ownership rights under a license of Your choice,
which may contain terms different from this License, provided that You
are in compliance with the terms of this License and hat the license for
the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set forth
in this License. If You distribute the Executable version under a
different license You must make it absolutely clear that any terms which
differ from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of any such terms You
offer.
3.7. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case, You must
make sure the requirements of this License are fulfilled for the Covered
Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute,
judicial order, or regulation then You must:
(a) comply with the terms of this License to the maximum extent
possible; and
(b) describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must be
included with all distributions of the Source Code. Except to the extent
prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. The Initial Developer of this code may publish
revised and/or new versions of the License from time to time. Each
version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under
a particular version of the License, You may always continue to use it
under the terms of that version. You may also choose to use such Covered
Code under the terms of any subsequent version of the License published
by the Initial Developer. No one other than the Initial Developer has
the right to modify the terms applicable to Covered Code created under
this License.
6.3. Derivative Works. If You create or use a modified version of this
License (which you may only do in order to apply it to code which is not
already Covered Code governed by this License), You must
(a) rename Your license so that the phrases "Mozilla", "MOZILLAPL",
"MOZPL", "Netscape", "MPL", "NPL", or any confusingly similar phrases do
not appear in your license (except to note that your license differs
from this License) and
(b) otherwise make it clear that Your version of the license contains
terms which differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of themselves
be deemed to be modifications of this License.)
6.4 Origin of the Initial Developer's Public License. The Initial
Developer's Public License is based on the Mozilla Public License V 1.1
with the following changes:
1) The license is published by the Initial Developer of this code. Only
the Initial Developer can modify the terms applicable to Covered Code.
2) The license can be modified and used for code which is not already
governed by this license. Modified versions of the license must be
renamed to avoid confusion with the Initial Developer's Public License
and must include a description of changes from the Initial Developer's
Public License.
3) The name of the license in Exhibit A is the "Initial Developer's Public License".
4) The reference to an alternative license in Exhibit A has been removed .
5) Amendments I, II, III, V, and VI have been deleted.
6) Exhibit A, Netscape Public License has been deleted
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file
such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License shall,
upon 60 days notice from Participant terminate prospectively, unless if
within 60 days after receipt of notice You either:
(i) agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or
(ii) withdraw Your litigation claim with respect to the Contributor
Version against such Participant.
If within 60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing by the parties or
the litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b) and
2.2(b) are revoked effective as of the date You first made, used, sold,
distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account in
determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or any distributor hereunder prior to
termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item", as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation", as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any
litigation relating to this License shall be subject to the jurisdiction
of the Federal Courts of the Northern District of California, with venue
lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall not
apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, out
of its utilization of rights under this License and You agree to work
with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Devpoeloper permits you to utilize portions of the Covered Code under
Your choice of the IDPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Initial Developer's Public License.
The contents of this file are subject to the Initial Developer's Public
License Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License from
the Firebird Project website, at http://www.firebirdsql.org/en/initial-
developer-s-public-license-version-1-0/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.
The Original Code is .
The Initial Developer of the Original Code is .
Portions created by
are Copyright (C) .
All Rights Reserved.
Contributor(s): .
The Inner Net License, Version 2
The author(s) grant permission for redistribution and use in source and
binary forms, with or without modification, of the software and
documentation provided that the following conditions are met:
0. If you receive a version of the software that is specifically labeled
as not being for redistribution (check the version message and/or
README), you are not permitted to redistribute that version of the
software in any way or form.
1. All terms of the all other applicable copyrights and licenses must be
followed.
2. Redistributions of source code must retain the authors' copyright
notice(s), this list of conditions, and the following disclaimer.
3. Redistributions in binary form must reproduce the authors' copyright
notice(s), this list of conditions, and the following disclaimer in the
documentation and/or other materials provided with the distribution.
4. All advertising materials mentioning features or use of this software
must display the following acknowledgement with the name(s) of the
authors as specified in the copyright notice(s) substituted where
indicated:
This product includes software developed by <name(s)>, The Inner Net,
and other contributors.
5. Neither the name(s) of the author(s) nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY ITS AUTHORS AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
Please distribute a copy of this license with the software and make it
reasonably easy for others to find.
Inno Setup License
==================
Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.
Copyright (C) 1997-2010 Jordan Russell. All rights reserved.
Portions Copyright (C) 2000-2010 Martijn Laan. All rights reserved.
This software is provided "as-is," without any express or implied warranty.
In no event shall the author be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter and redistribute it,
provided that the following conditions are met:
1. All redistributions of source code files must retain all copyright
notices that are currently in place, and this list of conditions without
modification.
2. All redistributions in binary form must retain all occurrences of the
above copyright notice and web site addresses that are currently in
place (for example, in the About boxes).
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.
4. Modified versions in source or binary form must be plainly marked as
such, and must not be misrepresented as being the original software.
Jordan Russell
jr-2010 AT jrsoftware.org
http://www.jrsoftware.org/
INRIA Non-Commercial License Agreement for the CompCert verified compiler
1. Background: Institut National de Recherche en Informatique et en
Automatique (the "Provider") developed the CompCert verified
compiler (the "Software") and seeks to distribute the Software for
public use and benefit.
2. Grant: The Provider hereby grants to you a revocable, nonexclusive,
nontransferable, royalty-free and worldwide license (the "License")
to use the Software solely for educational, research, or evaluation
purposes, in accordance with Paragraph 3 below and subject to the
terms and conditions of this License Agreement (the
"Agreement"). The License entitles you to use the Software to
conduct research or education and to create Derivative Works solely
for academic, non-commercial research endeavors of the Licensee (A
"Derivative Work" is a work that is a modification of, enhancement
to, derived from, or based upon the Software).
3. Limitations on Use: The License is limited to noncommercial
use. Noncommercial use relates only to educational, research,
personal or evaluation purposes. Any other use is commercial use.
You may not use the Software in connection with any activities
which purpose is to procure a commercial gain to you or others.
4. Limitations on Distribution: If you distribute the Software or any
derivative works of the Software, you will distribute them under
the same terms and conditions as in this License, and you will not
grant other rights to the Software or derivative works that are
different from those provided by this License.
5. Ownership: The Software and the accompanying documentation are
licensed, not sold, to you. The Software is a proprietary product
of the Provider and is protected under French copyright law and
international treaty revisions. The Provider retains all rights not
specifically granted to you hereunder, including ownership of the
Software and all copyrights, trade secrets, or other intellectual
property rights in the Software and any accompanying information.
6. Publication Credit: You agree to acknowledge the INRIA CompCert
research project with appropriate citations in any publication or
presentation containing research results obtained in whole or in
part through the use of the Software.
7. Term of License: The License is effective upon receipt by you of
the Software and shall continue until terminated. The License will
terminate immediately without notice by the Provider if you fail to
comply with the terms and conditions of this Agreement. Upon
termination of this License, you shall immediately discontinue all
use of the Software provided hereunder, and return to the Provider
or destroy the original and all copies of all such Software. All of
your obligations under this Agreement shall survive the termination
of the License.
8. Warranty: THE PROVIDER MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY, USE, OR PERFORMANCE OF THIS SOFTWARE OR ABOUT ANY
CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY
PURPOSE. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT EXPRESS OR
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE PROVIDER IS NOT
OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE SOFTWARE.
9. Limitation on Liability: This Software is provided free of charge
and, accordingly, the Provider shall not be liable under any theory
for any damages suffered by you or any user of the Software. UNDER
NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR
COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS
SOFTWARE, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS.
10. Disputes: The Parties agree to attempt to settle amicably any
controversy or claim arising under this Agreement or a breach of
this Agreement. Thereafter, both parties agree that all disputes
between them arising out of or relating to this Agreement, shall
be submitted to non-binding mediation unless the parties mutually
agree otherwise. All parties agree to exercise their best effort
in good faith to resolve all disputes in mediation. This Agreement
shall be governed and construed in accordance with the laws of
France.
11. Entire Agreement: This Agreement contains the entire agreement
between the parties with respect to the subject matter hereof, and
it shall not be modified or amended except by an instrument in
writing signed by both parties hereto.
End User License Agreement for IceSL Software
By downloading, installing or using the software, You, the licensee in your own name,
Hereinafter referred to as “Licensee”
accept the terms of this license agreement and agree to be committed to
Institut national de recherche en informatique et en automatique (Inria),
A public scientific and technological research establishment, governed by decree no. 85-831 of August 2, 1985 (as amended), located at Domaine de Voluceau – Rocquencourt BP 105, 78153 Le Chesnay Cedex, France,
Represented by its Chairman and Managing Director, Dr. Michel Cosnard, and, on his behalf for the purposes hereof, by Dr. Sylvain Petitjean, Director of the Inria Nancy – Grand Est research center, established in France - 615, rue du Jardin Botanique, 54600 Villers-lès- Nancy,
Hereinafter referred to as “Inria” or as “Licensor”;
of the other part, The Licensor and the Licensee hereinafter, collectively or individually, referred to as “the
Parties” or “the Party”.
NOW AND THEREFORE, IT IS AGREED AS FOLLOWS:
The Parties, intending to be legally bound, agree as follow:
Article 1 – Definitions
For the purpose of this Agreement, in addition to the words and phrases that are defined throughout the body of this Agreement, the following words and phrases shall have the following meanings:
of the one part,
- Software shall mean the IceSL software (registration pending at the French Agency for the Protection of Programs);
- Agreement shall mean the present End User License agreement for IceSL Software.
Article 2 – Scope of the agreement - Ownership
The Agreement shall define the conditions of use of Software by Licensee.
Licensee acknowledges that the intellectual property rights and title to the licensed Software and any trademarks or service marks relating thereto remain with Licensor. Licensee shall have no right, title or interest in the licensed Software except as expressly set forth in this Agreement.
Article 3 – Delivery/Access of licensed Software to Licensee
Licensor will provide the licensed Software to the Licensee, in the following manner:
The licensed Software will be made available to the Licensee electronically, by downloading and installing the Software.
Article 4 –Grant of License and restrictions
4.1 Licensor hereby grants to Licensee, for an indeterminate term, a free, non-exclusive and non-transferable license to use the object code of the Software only for internal research purposes of the Licensee. Usage by third parties is forbidden. Licensee shall not permit anyone other than Licensee and its employees concerned by an internal research activity to use the licensed Software.
4.2 The licensed Software may be used by Licensee for internal research and academic purposes only. Using Software for consulting services or commercial purposes is strictly forbidden.
Licensee may not use the licensed Software for commercial purposes, including but not limited to the sale of the licensed Software or reproduction or distribution of the licensed Software in any form.
If another use is desired, the Licensee is requested to let it know to the Licensor (by contacting the authors of the Software and/or the Technology Transfer Office of Inria Nancy - Grand Est).
4.3 Licensee may not remove, obscure nor modify any copyright or other notices included in the Software.
4.4 Licensee may not reverse engineer, decompile, disassemble, translate or adapt the Software, or otherwise attempt to discover its source code from the object code.
Licensee may not incorporate, or let others incorporate, the Software, in part or in whole, into any other program.
4.5 The Licensee may install and use a reasonable number of copies of the Software solely for internal research purposes and not for production use.
Article 5 – Confidential Information
The Parties will retain in strict confidence, and will not disclose to a third party without the written consent of the other Party all information forwarded to one by the other in relation with this Agreement and/or the Software.
Licensee agrees to maintain the confidentiality of any data contained in or relating to the usage of the licensed the Software.
Each Party’s obligation of confidence hereunder will be fulfilled by using at least same degree of care with the other Party’s confidential information it uses to protect its own confidential information. This obligation will exist while this Agreement is in force and shall survive to expiration of this Agreement.
Article 6 – Term and termination
6.1 The license of the Software will be effective from the date of the Licensee acceptance of the Agreement (date of the download and installation of the Software by the Licensee) and shall continue until the copyright on the Software is in force..
6.2 In the event that the Licensors believe that Licensee has exceeded the scope of the License, Licensor shall so notify the breaching Licensee in writing.
The Licensor may immediately terminate this Agreement if the Licensee fails to comply with any term therein.
6.3 Upon Termination of this Agreement, the grant of license with respect with Software will terminate and Licensee shall return to Licensor the licensed Software and destroy all the copies of it.
All provisions relating to confidentiality and ownership shall survive the termination
Article 7 – Limitation of liability
7.1 The Licensor shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the licensed Software.
7.2 Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any licensed Software, including but not limited to errors or omissions contained therein, infringement of intellectual property rights, rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
Article 8 – Disclaimer of warranties
8.1 The licensed Software is provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating
to the licensed Software or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose.
8.2 Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program.
8.3 Licensor doesn’t offer any support, assistance to Licensee for the installation or the implementation of licensed Software. Licensor doesn’t offer any maintenance on the licensed Software.
Article 9 – Miscellaneous
9.1 In the event of a difficulty or dispute concerning the interpretation or performance of this agreement, the Parties shall endeavor to resolve their disagreement amicably.
9.2 If no amicable settlement is reached within thirty (30) days of notification of the dispute by one of the Parties, by registered letter with acknowledgement of receipt, the more diligent Party shall bring the dispute before the French competent courts.
This agreement constitutes the entire agreement of the Parties in relation to its object.
9.3 If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives.
As a special exception to the Q Public Licence, you may develop
application programs, reusable components and other software items
that link with the original or modified versions of the Software
and are not made available to the general public, without any of the
additional requirements listed in clause 6c of the Q Public licence.
Inria Non-Commercial License Agreement for the Zélus compiler
1. Background: Institut National de Recherche en Informatique et en
Automatique (the "Provider") developed the Zélus
compiler (the "Software") and seeks to distribute the Software for
public use and benefit.
2. Grant: The Provider hereby grants to you a revocable, nonexclusive,
nontransferable, royalty-free and worldwide license (the "License")
to use the Software solely for educational, research, or evaluation
purposes, in accordance with Paragraph 3 below and subject to the
terms and conditions of this License Agreement (the
"Agreement"). The License entitles you to use the Software to
conduct research or education and to create Derivative Works solely
for academic, non-commercial research endeavors of the Licensee (A
"Derivative Work" is a work that is a modification of, enhancement
to, derived from, or based upon the Software).
3. Limitations on Use: The License is limited to noncommercial
use. Noncommercial use relates only to educational, research,
personal or evaluation purposes. Any other use is commercial use.
You may not use the Software in connection with any activities
which purpose is to procure a commercial gain to you or others.
4. Limitations on Distribution: If you distribute the Software or any
derivative works of the Software, you will distribute them under
the same terms and conditions as in this License, and you will not
grant other rights to the Software or derivative works that are
different from those provided by this License.
5. Ownership: The Software and the accompanying documentation are
licensed, not sold, to you. The Software is a proprietary product
of the Provider and is protected under French copyright law and
international treaty revisions. The Provider retains all rights not
specifically granted to you hereunder, including ownership of the
Software and all copyrights, trade secrets, or other intellectual
property rights in the Software and any accompanying information.
6. Publication Credit: You agree to acknowledge the Inria Vélus
research project with appropriate citations in any publication or
presentation containing research results obtained in whole or in
part through the use of the Software.
7. Term of License: The License is effective upon receipt by you of
the Software and shall continue until terminated. The License will
terminate immediately without notice by the Provider if you fail to
comply with the terms and conditions of this Agreement. Upon
termination of this License, you shall immediately discontinue all
use of the Software provided hereunder, and return to the Provider
or destroy the original and all copies of all such Software. All of
your obligations under this Agreement shall survive the termination
of the License.
8. Warranty: THE PROVIDER MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY, USE, OR PERFORMANCE OF THIS SOFTWARE OR ABOUT ANY
CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY
PURPOSE. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT EXPRESS OR
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE PROVIDER IS NOT
OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE SOFTWARE.
9. Limitation on Liability: This Software is provided free of charge
and, accordingly, the Provider shall not be liable under any theory
for any damages suffered by you or any user of the Software. UNDER
NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR
COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS
SOFTWARE, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS.
10. Disputes: The Parties agree to attempt to settle amicably any
controversy or claim arising under this Agreement or a breach of
this Agreement. Thereafter, both parties agree that all disputes
between them arising out of or relating to this Agreement, shall
be submitted to non-binding mediation unless the parties mutually
agree otherwise. All parties agree to exercise their best effort
in good faith to resolve all disputes in mediation. This Agreement
shall be governed and construed in accordance with the laws of
France.
11. Entire Agreement: This Agreement contains the entire agreement
between the parties with respect to the subject matter hereof, and
it shall not be modified or amended except by an instrument in
writing signed by both parties hereto.
License Agreement
IMPORTANT - READ CAREFULLY. This is a legal agreement between you
(either as an individual developer or as a representative of a single
entity) and the owner of this site, Stefan Krueger, for the software and
informations available on this web site (referred to as "CONTENTS" in
the remainder of this document). CONTENTS of this web site include
computer software, source code, and documentation. By downloading or
using in any other way CONTENTS on this web site, you agree to be bound
by the terms of this agreement.
The CONTENTS are protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
Grant of License:
This license agreement grants you the non-exclusive, royalty-free right
to use the CONTENTS to create installation programs. If the source code
is included with the software, you may modify it in any way you like.
Description of Limitations:
You are not allowed to reproduce or distribute the CONTENTS or any part
of it in any form, except as integral part of your installation program.
Especially you must not include it in a book, distribute it on a CD-ROM
or offer it for download from your web site. If you intend to do so,
please contact the webmaster to get an extended license.
You may not remove the copyright notices, if any, that are included or
attached to the CONTENTS.
In case the CONTENTS were provided by a person or company other than
Stefan Krueger, additional restrictions and license regulations may
apply.
Limited Warrenty and Limitation of Liability
The CONTENTS on this web site are provided "as is". This material is for
informational purposes only. It is completey up to you to verify that
the CONTENTS work for your purposes.
To the maximum extend permitted by applicable law, in no event shall
Stefan Krueger be liable for any special, incidental or consequental
damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use or inability to use
the CONTENTS or the provision of or failure to provide support services,
even if Stefan Krueger has been advised of the possibility of such
damages. In any case, Stefan Krueger's entire liability under any
provision of this license agreement shall be limited to the amount
actually paid by you for the CONTENTS.
ACPI - Software License Agreement
Software License Agreement IMPORTANT - READ BEFORE COPYING, INSTALLING
OR USING.
Do not use or load this software and any associated materials
(collectively, the "Software") until you have carefully read the
following terms and conditions. By loading or using the Software, you
agree to the terms of this Agreement. If you do not wish to so agree, do
not install or use the Software.
1. COPYRIGHT NOTICE Some or all of this work - Copyright © 1999-2005,
Intel Corp. All rights reserved.
2. LICENSE
2.1. This is your license from Intel Corp. under its intellectual
property rights. You may have additional license terms from the party
that provided you this software, covering your right to use that party's
intellectual property rights.
2.2. Intel grants, free of charge, to any person ("Licensee") obtaining
a copy of the source code appearing in this file ("Covered Code") an
irrevocable, perpetual, worldwide license under Intel's copyrights in
the base code distributed originally by Intel ("Original Intel Code") to
copy, make derivatives, distribute, use and display any portion of the
Covered Code in any form, with the right to sublicense such rights; and
2.3. Intel grants Licensee a non-exclusive and non-transferable patent
license (with the right to sublicense), under only those claims of Intel
patents that are infringed by the Original Intel Code, to make, use,
sell, offer to sell, and import the Covered Code and derivative works
thereof solely to the minimum extent necessary to exercise the above
copyright license, and in no event shall the patent license extend to
any additions to or modifications of the Original Intel Code. No other
license or right is granted directly or by implication, estoppel or
otherwise; The above copyright and patent license is granted only if the
following conditions are met:
3. CONDITIONS
3.1. Redistribution of Source with Rights to Further Distribute Source.
Redistribution of source code of any substantial portion of the Covered
Code or modification with rights to further distribute source must
include the above Copyright Notice, the above License, this list of
Conditions, and the following Disclaimer and Export Compliance
provision. In addition, Licensee must cause all Covered Code to which
Licensee contributes to contain a file documenting the changes Licensee
made to create that Covered Code and the date of any change. Licensee
must include in that file the documentation of any changes made by any
predecessor Licensee. Licensee must include a prominent statement that
the modification is derived, directly or indirectly, from Original Intel
Code.
3.2. Redistribution of Source with no Rights to Further Distribute
Source. Redistribution of source code of any substantial portion of the
Covered Code or modification without rights to further distribute source
must include the following Disclaimer and Export Compliance provision in
the documentation and/or other materials provided with distribution. In
addition, Licensee may not authorize further sublicense of source of any
portion of the Covered Code, and must include terms to the effect that
the license from Licensee to its licensee is limited to the intellectual
property embodied in the software Licensee provides to its licensee, and
not to intellectual property embodied in modifications its licensee may
make.
3.3. Redistribution of Executable. Redistribution in executable form of
any substantial portion of the Covered Code or modification must
reproduce the above Copyright Notice, and the following Disclaimer and
Export Compliance provision in the documentation and/or other materials
provided with the distribution.
3.4. Intel retains all right, title, and interest in and to the Original
Intel Code.
3.5. Neither the name Intel nor any other trademark owned or controlled
by Intel shall be used in advertising or otherwise to promote the sale,
use or other dealings in products derived from or relating to the
Covered Code without prior written authorization from Intel.
4. DISCLAIMER AND EXPORT COMPLIANCE
4.1. INTEL MAKES NO WARRANTY OF ANY KIND REGARDING ANY SOFTWARE PROVIDED
HERE. ANY SOFTWARE ORIGINATING FROM INTEL OR DERIVED FROM INTEL SOFTWARE
IS PROVIDED "AS IS," AND INTEL WILL NOT PROVIDE ANY SUPPORT, ASSISTANCE,
INSTALLATION, TRAINING OR OTHER SERVICES. INTEL WILL NOT PROVIDE ANY
UPDATES, ENHANCEMENTS OR EXTENSIONS. INTEL SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
4.2. IN NO EVENT SHALL INTEL HAVE ANY LIABILITY TO LICENSEE, ITS
LICENSEES OR ANY OTHER THIRD PARTY, FOR ANY LOST PROFITS, LOST DATA,
LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR
FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS
AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND
IRRESPECTIVE OF WHETHER INTEL HAS ADVANCE NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE
OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
4.3. Licensee shall not export, either directly or indirectly, any of
this software or system incorporating such software without first
obtaining any required license or other approval from the U. S.
Department of Commerce or any other agency or department of the United
States Government. In the event Licensee exports any such software from
the United States or re-exports any such software from a foreign
destination, Licensee shall ensure that the distribution and export/re-
export of the software is in compliance with all laws, regulations,
orders, or other restrictions of the U.S. Export Administration
Regulations. Licensee agrees that neither it nor any of its subsidiaries
will export/re-export any technical data, process, software, or service,
directly or indirectly, to any country for which the United States
government or any agency thereof requires an export license, other
governmental approval, or letter of assurance, without first obtaining
such license, approval or letter.
Redistribution. Redistribution and use in binary form, without modification, are
permitted provided that the following conditions are met:
Redistributions must reproduce the above copyright notice and the following
disclaimer in the documentation and/or other materials provided with the
distribution.
Neither the name of Intel Corporation nor the names of its suppliers may be used
to endorse or promote products derived from this software without specific prior
written permission.
No reverse engineering, decompilation, or disassembly of this software is
permitted.
"Binary form" includes any format commonly used for electronic conveyance which
is a reversible, bit-exact translation of binary representation to ASCII or ISO
text, for example, "uuencode."
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions, and the following disclaimer,
without modification.
2. Redistributions in binary form must reproduce at minimum a disclaimer
substantially similar to the "NO WARRANTY" disclaimer below
("Disclaimer") and any redistribution must be conditioned upon
including a substantially similar Disclaimer requirement for further
binary redistribution.
NO WARRANTY
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS OR CONTRIBUTORS BE LIABLE FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
Neither the name of the Intel Corporation nor the names of its contributors may
be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE INTEL OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXPORT LAWS: THIS LICENSE ADDS NO RESTRICTIONS TO THE EXPORT LAWS OF YOUR
JURISDICTION. It is licensee's responsibility to comply with any export
regulations applicable in licensee's jurisdiction. Under CURRENT (May 2000) U.S.
export regulations this software is eligible for export from the U.S. and can be
downloaded by or otherwise exported or reexported worldwide EXCEPT to U.S.
embargoed destinations which include Cuba, Iraq, Libya, North Korea, Iran,
Syria, Sudan, Afghanistan and any other country to which the U.S. has embargoed
goods and services.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer,
without modification.
2. Redistributions in binary form must reproduce at minimum a disclaimer
similar to the "NO WARRANTY" disclaimer below ("Disclaimer") and any
redistribution must be conditioned upon including a substantially
similar Disclaimer requirement for further binary redistribution.
3. Neither the names of the above-listed copyright holders nor the names
of any contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
NO WARRANTY
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTIBILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Code Samples License
IMPORTANT - READ BEFORE COPYING, INSTALLING, OR USING.
Do not copy, install, or use the "Materials" provided under this license agreement ("Agreement"), until you have carefully read the following terms and conditions.
By copying, installing, or otherwise using the Materials, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not copy, install, or use the Materials.
Intel® Product License Agreement
LICENSE GRANT:
Subject to the License Restrictions below, Intel Corporation ("Intel") grants to you the following non-exclusive, non-assignable royalty-free copyright licenses in the "Materials" below, which are identified specifically in License Definitions, and in any updates thereto that Intel may offer in the future.
LICENSE DEFINITIONS:
Materials are defined as consisting of Sample Source, Redistributables, and End-User Documentation.
Sample Source: may include example interface or application source code. You may copy, modify, and compile the Sample Source and distribute it in your own products in binary and source code form.
Redistributables: include header, library, and dynamically linkable library files. You may copy and distribute Redistributables with your product.
End-User Documentation: includes textual materials intended for end users. You may copy, modify, and distribute them.
LICENSE RESTRICTIONS:
You may not reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form.
Upon Intel's release of an update, upgrade, or new version of the Materials, you will make reasonable efforts to discontinue distribution of the enclosed Materials and you will make reasonable efforts to distribute such updates, upgrades, or new versions to your customers who have received the Materials herein.
Distribution of the Materials is also subject to the following limitations: You (i) shall be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) do not make any statement that your product is "certified," or that its performance is guaranteed, by Intel, (iii) do not use Intel's name or trademarks to market your product without written permission, (iv) shall prohibit disassembly and reverse engineering, (v) shall not publish reviews of Materials designated herein as beta without written permission by Intel, and (vi) shall indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your distribution of any product.
COPYRIGHT:
Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent unauthorized copying of the Materials. Except as expressly provided herein, Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
REPLACEMENTS:
The Materials are provided "AS IS" without warranty of any kind.
USER SUBMISSIONS:
You agree that any material, information, or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to an Intel website will be considered non-confidential ("Communications"). Intel will have no confidentiality obligations with respect to the Communications. You agree that Intel and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate, and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes.
LIMITATION OF LIABILITY:
THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERMINATION OF THIS LICENSE:
Intel may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately destroy the Materials or return all copies of the Materials to Intel along with any copies you have made.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et. seq. or its successor. Use of the Materials by the Government constitutes acknowledgement of Intel's rights in them.
APPLICABLE LAWS:
Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware or federal courts located in Delaware, without regard to principles of conflict of laws. You may not export the Materials in violation of applicable export laws.
INTEL CONFIDENTIAL
The source code contained or described herein and all documents related to the source
code (""Material"") are owned by Intel Corporation or its suppliers or licensors. Title to
the Material remains with Intel Corporation or its suppliers and licensors. The Material
contains trade secrets and proprietary and confidential information of Intel or its
suppliers and licensors. The Material is protected by worldwide copyright and trade
secret laws and treaty provisions. No part of the Material may be used, copied,
reproduced, modified, published, uploaded, posted, transmitted, distributed, or disclosed
in any way without Intel's prior express written permission.
No license under any patent, copyright, trade secret or other intellectual property
right is granted to or conferred upon you by disclosure or delivery of the Materials,
either expressly, by implication, inducement, estoppel or otherwise. Any license under
such intellectual property rights must be express and approved by Intel in writing.
Unless otherwise agreed by Intel in writing, you may not remove or alter this notice
or any other notice embedded in Materials by Intel or Intel’s suppliers or licensors in any way
TERMS AND CONDITIONS
IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
Do not use or load this firmware (the "Software") until you have carefully read
the following terms and conditions. By loading or using the Software, you agree
to the terms of this Agreement. If you do not wish to so agree, do not install
or use the Software.
LICENSEES:
Please note:
* If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
applies.
* If you are an Original Equipment Manufacturer (OEM), Independent Hardware
Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
applies
--------------------------------------------------------------------------------
For OEMs, IHVs, and ISVs:
LICENSE. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel component
products is not licensed hereunder. Subject to the terms of this Agreement,
Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
license under Intel's copyrights to: (i) copy the Software internally for your
own development and maintenance purposes; (ii) copy and distribute the Software
to your end-users, but only under a license agreement with terms at least as
restrictive as those contained in Intel's Final, Single User License Agreement,
attached as Exhibit A; and (iii) modify, copy and distribute the end-user
documentation which may accompany the Software, but only in association with
the Software.
If you are not the final manufacturer or vendor of a computer system or software
program incorporating the Software, then you may transfer a copy of the
Software, including any related documentation (modified or unmodified) to your
recipient for use in accordance with the terms of this Agreement, provided such
recipient agrees to be fully bound by the terms hereof. You shall not otherwise
assign, sublicense, lease, or in any other way transfer or disclose Software to
any third party. You may not, nor may you assist any other person or entity to
modify, translate, convert to another programming language, decompile, reverse
engineer, or disassemble any portion of the Software or otherwise attempt to
derive source code from any object code modules of the Software or any internal
data files generated by the Software. Your rights to redistribute the Software
shall be contingent upon your installation of this Agreement in its entirety in
the same directory as the Software.
CONTRACTORS. For the purpose of this Agreement, and notwithstanding anything
to the contrary hereunder, solely with respect to the requirements for
compliance with the terms hereunder, any contractors or consultants that You
use to perform the work or otherwise assist You in the development or products
using this Software shall be deemed to be End Users and accordingly, upon
receipt of the Software, shall be bound by the terms of Exhibit A, Software
License Agreement. No additional agreement between You and such consultants or
contractors is required under this Agreement to detail such compliance.
TRADEMARKS. Except as expressly provided herein, you shall not use Intel's
name in any publications, advertisements, or other announcements without
Intel's prior written consent. You do not have any rights to use any Intel
trademarks or logos.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if
any, are owned by Intel or its suppliers and licensors and may be protected by
copyright, trademark, patent and trade secret law and international treaties.
Any rights, express or implied, in the intellectual property embodied in the
foregoing, other than those specified in this Agreement, are reserved by Intel
and its suppliers and licensors or otherwise as set forth in any applicable
open source license agreement. You will keep the Software free of liens,
attachments, and other encumbrances. You agree not to remove any proprietary
notices and/or any labels from the Software and accompanying materials without
prior written approval by Intel
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant
or assume responsibility for the accuracy or completeness of any information,
text, graphics, links or other items contained within the Software. You assume
all liability, financial or otherwise, associated with Your use or disposition
of the Software.
APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
laws of State of California], excluding its principles of conflict of laws and
the United Nations Convention on Contracts for the Sale of Goods.
WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
this Agreement shall be effective unless in writing and signed by an officer of
Intel. No failure or delay in exercising any right, power, or remedy under
this Agreement shall operate as a waiver of any such right, power or remedy.
Without limiting the foregoing, terms and conditions on any purchase orders or
similar materials submitted by you to Intel, and any terms contained in Intels
standard acknowledgment form that are in conflict with these terms, shall be of
no force or effect.
SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be contrary to law, such provision shall be changed
and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law and the remaining provisions of
this Agreement shall remain in full force and effect.
EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to
applicable import and export regulations of the United States and of the
countries in which each party transacts business, specifically including U.S.
Export Administration Act and Export Administration Regulations. Each party
shall comply with such laws and regulations, as well as all other laws and
regulations applicable to the Software. Without limiting the generality of the
foregoing, each party agrees that it will not export, re-export, transfer or
divert any of the Software or the direct programs thereof to any restricted
place or party in accordance with U.S. export regulations. Note that Software
containing encryption may be subject to additional restrictions.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
of the Software by the Government constitutes acknowledgment of Intel's
proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
its terms. Upon termination, you will immediately destroy the Software or
return all copies of the Software to Intel.
--------------------------------------------------------------------------------
EXHIBIT "A"
SOFTWARE LICENSE AGREEMENT (Final, Single User)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this firmware image (the "Software") until you have carefully
read the following terms and conditions. By loading or using the Software, you
agree to the terms of this Agreement. If you do not wish to so agree, do not
install or use the Software.
LICENSE. You may copy and use the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel component
products. Use of the Software in conjunction with non-Intel component
products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part of the
Software except as provided in this Agreement, and you agree to prevent
unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense the Software.
5. The Software may contain the software or other property of third party
suppliers.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
remains with Intel or its suppliers. The Software is copyrighted and protected
by the laws of the United States and other countries, and international treaty
provisions. You may not remove any copyright notices from the Software. Intel
may make changes to the Software, or items referenced therein, at any time
without notice, but is not obligated to support or update the Software. Except
as otherwise expressly provided, Intel grants no express or implied right under
Intel patents, copyrights, trademarks, or other intellectual property rights.
You may transfer the Software only if a copy of this license accompanies the
Software and the recipient agrees to be fully bound by these terms.
EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. Intel does not warrant or assume responsibility for the accuracy or
completeness of any information, text, graphics, links or other items contained
within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
BETWEEN JURISDICTIONS.
TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if
you violate its terms. Upon termination, you will immediately destroy the
Software.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
laws of California, excluding its principles of conflict of laws and the United
Nations Convention on Contracts for the Sale of Goods. You may not export the
Software in violation of applicable export laws and regulations. Intel is not
obligated under any other agreements unless they are in writing and signed by
an authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
of the Software by the Government constitutes acknowledgment of Intel's
proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND THE USE OF YOUR DATA - READ AND AGREE BEFORE COPYING, INSTALLING OR USING
This Agreement forms a legally binding contract between you, or the company or other legal entity ("Legal Entity") for which you represent and warrant that you have the legal authority to bind that Legal Entity, are agreeing to this Agreement (each, "You" or "Your") and Intel Corporation and its subsidiaries (collectively "Intel") regarding Your use of the Materials. By copying, installing, distributing, publicly displaying, or otherwise using the Materials, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not copy, install, distribute, publicly display, or use the Materials. You affirm that You are 18 years old or older or, if not, Your parent, legal guardian or Legal Entity must agree and enter into this Agreement.
DATA COLLECTION. The Materials may contain certain features that generate, collect, and transmit data to Intel about the installation, setup, and use of the Materials. The purposes of data collection are: 1) to verify compliance with the terms of this Agreement; and 2) to enable Intel to develop, improve, and support Intel’s products and services. When data is collected to verify compliance with the terms of this Agreement, this collection may be mandatory and a condition of using the Materials. This data includes the Material’s unique serial number combined with other information about the Materials and Your computer.
When Materials are made available for use free of charge, the collection of usage data (such as randomly generated unique identifier and component/feature/function usage) may also be mandatory and a condition of using the Materials. Data collected about the installation, setup, and use of the Materials may be collated with other available data only if: 1) the purpose is to develop, improve, and support Intel’s products and services, and 2) the data will not be used to identify or contact You or other individuals.
To learn more about Intel’s data collection for these Materials, please visit: https://software.intel.com/en- us/articles/data-collection. To learn more about Intel’s privacy practices, please visit http://www.intel.com/privacy.
Third Party Programs (as defined below), even if included with the distribution of the Materials, are governed by separate license terms, including without limitation, third party license terms, other Intel software license terms, and open source software license terms. Such separate license terms (and not this Agreement) solely govern Your use of the Third Party Programs.
1. LICENSE DEFINITIONS:
A. "Confidential Information" means all Materials (as defined below), including any portions thereof, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as Intel confidential information or a similar legend.
B. "Excluded License" means a license that requires, as a condition of use, modification, or distribution, that the licensed software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in Source Code form; (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Excluded Licenses include, without limitation, licenses that license or distribute software under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), and (g) the Common Public License (CPL).
C. "Licensed Patent Claims" means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials is in its unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.
D. "Materials" are defined as the software, documentation, the software product serial number and license key codes (if applicable), and other materials, including any modifications, updates and upgrades thereto, that are provided to You under this Agreement. Materials also include any
Redistributables, Source Code, and Pre-Release Materials, as defined below but do not include Third Party Programs.
E. "Microsoft Platforms" means any current and future Microsoft operating system products, Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.
F. "Pre-Release Materials" means the Materials, or portions thereof, that are identified (in the product release notes, on Intel’s download website for the Materials or elsewhere) or labeled as pre-release, and as such the Pre-Release Materials are deemed to be pre-release code (e.g., alpha or beta release, etc.), which may not be fully functional and which Intel may substantially modify in development of a commercial version, and for which Intel makes no assurances that it will ever develop or make generally available a commercial version.
G. "Redistributables" (if any) are the files listed in the following text files that may be included in the Materials for the applicable Intel Software Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt, and redist-rt.txt.
H. "Sample Source Code" is those portions of the Materials that are Source Code files and are identified as sample source code, including without limitation, the IPP Sample Source.
I. "Source Code" is defined as the software (and not documentation or text) portion of the Materials provided in human readable format, and includes modifications to the Source Code that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.
J. "Third Party Programs" (if any) are the files listed in the "third-party-programs.txt" text file that may be included in the Materials for the applicable software.
K. "Your Product" means one or more applications or products developed by or for You using the Materials.
2. LICENSE GRANT:
2.1 Subject to the terms and conditions of this Agreement, and timely payment of any fees (if applicable), Intel grants You a non-exclusive, worldwide, perpetual (subject to Section 11 below), non- assignable (except as expressly permitted hereunder), limited right and license:
A. under its copyrights, to:
(1) reproduce copies of the Materials for Your internal business use in accordance with the documentation included as part of the Materials, and subject to the applicable license rights and restrictions specified in Section 3 below; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;
(2) use the Materials solely for Your internal business use to develop Your Product, in accordance with the applicable license rights and restrictions specified in Section 3 below and the documentation or text files included as part of the Materials; provided, however, that this license does not include the right to sublicense and may only be exercised by You or Your employees;
(3) modify or create derivative works of the Materials, or any portions thereof, that are provided in Source Code form, provided, however, that this license does not include the right to sublicense and may be exercised only by You or Your employees;
(4) publicly perform, display, and distribute (directly and through Your distributors, resellers and other channel partners) or otherwise make publicly available the Redistributables, including any modifications to or derivative works of the Redistributables made pursuant to Section 2.1.A(3), or any portions thereof, subject to the following restrictions:
(i) any distribution of the Redistributables must only be as part of Your Product which must add significantly more functionality than the Redistributables themselves;
(ii) any additional restrictions which may appear in the Redistributables text files specified in Section 1.G above and in Section 3 below; and
(iii) the license under Section 2.1.A(4) includes the right to sublicense the Redistributables, but the sublicense rights are limited to sublicensing of any Intel copyrights in the Redistributables and only to the extent necessary to perform, display, and distribute the Redistributables (including Your modifications and derivative works thereto) solely as incorporated in Your Product. IF YOU RECEIVED THE MATERIALS FOR EVALUATION, YOU HAVE NO RIGHTS TO DISTRIBUTE THE REDISTRIBUTABLES, INCLUDING WITHOUT LIMITATION, ANY PORTIONS, MODIFICATIONS OR DERIVATIVE WORKS.
(iv) Distribution of the Redistributables is also subject to the following limitations: You (a) will be solely responsible to Your customers for any update, support obligation or other liability which may arise from the distribution, (b) will not make any statement that Your Product is "certified" or that its performance is guaranteed by Intel, (c) will not use Intel's name or trademarks to market Your Product without written permission from Intel, (d) will provide the Redistributables subject to a license agreement that prohibits disassembly and reverse engineering of the Redistributables except in cases when you provide Your Product subject to an open source license that is not an Excluded License, for example, the BSD license, or the MIT license, (e) will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from Your modifications, derivative works or Your distribution of Your Product.
and
B. under Intel’s Licensed Patent Claims, to:
(1) make copies of the Materials only as specified in Section 2.1.A(1);
(2) use the Materials only as specified in Section 2.1.A(2); and
(3) offer to distribute, and distribute, but not sell, the Redistributables only as part of Your Product, under Intel’s copyright license granted in Section 2.1(A), but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub- license);
(4) provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, whether made by You, Your customer (which, for all purposes under this Agreement, will mean either a customer, reseller, distributor or other channel partner), or any third party even if the modification and derivative works are permitted under 2.1(A)(3).
2.2 If the Materials You receive are packaged, as a single orderable item (i.e., as a single SKU), with hardware that includes one or more Intel manufactured microprocessors ("Intel Target Hardware"), then the licenses granted in Section 2.1 above are restricted to the sole purpose of producing and releasing Your Product to execute on computer systems that include the same or new versions of the Intel manufactured microprocessor included in the Intel Target Hardware.
Intel expressly does not grant You a patent license in this Agreement to any modifications or derivative works of the Materials, whether made by You, Your contractor, Your customer, or any other third party in creating the derivative works even to the extent creation of derivative works is permitted under Section 2.1(A)(3) above.
3. LICENSE CONDITIONS:
A. If You are an entity, each of Your employees and Your contractors may use the Materials as specified in Section 2 above, provided: (i) their use of the Materials is solely on behalf of and in support of Your business, (ii) they agree to the terms and conditions of this Agreement, and (iii) You are solely responsible for their use of the Materials.
B. If Your Product is a software development library, then attribution (if any), as specified in the product release notes of the corresponding Materials shall be displayed prominently in Your Product’s associated documentation and on the web site (if any) for Your Product.
C. If You receive Your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with Your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
D. If the Materials You received are identified as Pre-Release Materials, (i) You have the right to use the Pre-Release Materials only for the duration of the pre-release term, which is specified in the product release notes, on Intel’s download website for the Materials or elsewhere, or until the commercial release, if any, of the Pre-Release Materials, whichever is shorter, and (ii) You may not disclose to any third party any benchmarks, performance results, or other information relating to the Pre-Release Materials.
E. Notwithstanding anything to the contrary in this Agreement, if the Materials include the text file named "site_license_materials.txt" the files specified in that text file may be installed on computer systems located only at a single site (unless multiple sites are specified in the purchase order accepted by Intel or its resellers), and those files may be accessed or used by unlimited and simultaneous users, subject to their compliance with all of the terms and conditions of this Agreement.
F. Except as expressly provided in this Agreement, You may NOT: (i) use, copy, distribute, or publicly display the Materials; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials; (iv) modify, adapt, or translate the Materials in whole or in part; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of any license manager that may regulate usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials or derivatives thereof to any third party; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; (ix) distribute the Redistributables to run on a platform other than a Microsoft Platform if according to the accompanying user documentation the Materials are meant to execute only on a Microsoft Platform; (x) include the Redistributables in malicious, deceptive, or unlawful programs or products; or (xi) modify, create a derivative work, link, or distribute the Materials so that any part of it becomes subject to an Excluded License.
G. The scope and term of Your license depends on the type of license You are provided by Intel. The variety of license types are set forth below, which may not be available for all "Intel(R) Software Development Products" and therefore may not apply to the particular Materials You are licensing. For more information on the types of licenses, please contact Intel or Your sales representative.
i. EVALUATION LICENSE: If You obtained the Materials pursuant to an evaluation license, You may use the Materials only for internal evaluation purposes and only for the term of the evaluation period, as specified on Intel’s download website or which may be controlled by the license key for the Materials. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY USE THE MATERIALS ONLY FOR EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of the Materials on a reasonable number of computers to conduct Your evaluation provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license key is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other use methods
known now and in the future. Intel may provide You with a license key that enables the Materials for an evaluation license. If You are an entity, Intel grants You the right to designate one individual within Your organization to have the sole right to use the Materials in the manner provided above.
ii. NONCOMMERCIAL USE LICENSE: If You obtained the Materials under a noncommercial use license, You may use the Materials only for non-commercial use where You receive no fee, salary or any other form of compensation. The Materials may not be used for any other purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. You may install copies of the Materials on an unlimited number of computers provided that You are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases, including without limitation, use by persons, computer systems, and other methods of use known now and in the future. Intel will provide You with a license key that enables the Materials for a noncommercial- use license. If You obtained a time-limited noncommercial-use license, the duration (time period) of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
iii. NAMED-USER LICENSE: If You obtained the Materials under a named-user license, You may allow only one (1) individual to install and use the Materials on no more than three (3) computers provided that same individual is using the Materials only on one (1) computer at a time. If You obtained a time-limited named-user license, the term of Your license and your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
iv. NODE-LOCKED LICENSE: If You obtained the Materials under a node-locked license, You may use the Materials only on a single designated computer by no more than the authorized number of concurrent users. If You obtained a time-limited node-locked license, the term of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
v. FLOATING LICENSE: If You obtained the Materials under a floating license, you may (a) install the Materials on an unlimited number of computers that are connected to the designated network and (b) use the Material by no more than the authorized number of concurrent individual users. If You obtained a time-limited Floating license key, the term of Your license and Your ability to use the Materials is limited to the time period of the obtained license, which is specified on Intel’s download website, specified in the applicable documentation or controlled by the license key for the Materials.
H. MEDIA FORMAT CODECS AND DIGITAL RIGHTS MANAGEMENT. You acknowledge and agree that your use of the Materials or distribution of the Materials with Your Product as permitted by this license may require you to procure license(s) from one or more third parties that may hold intellectual property rights applicable to any media decoding, encoding or transcoding technology (such as, for example, through use of an audio or video codec) and/or digital rights management capabilities of the Materials, if any. Should any such additional licenses be required, You are solely responsible for obtaining any such licenses and agree to obtain any such licenses at Your own expense.
I. MATERIALS TRANSFER: Except for the Pre-Release Licenses or Evaluation Licenses or Non- Commercial Licenses, as specified above, You may permanently transfer the Materials you received pursuant to a license type listed in Section 4(G) above, and all of Your rights under this Agreement, to another party ("Recipient") solely in conjunction with a change of ownership, merger, acquisition, sale or transfer of all or substantially all of Your business or assets, either voluntarily, by operation of law or otherwise subject to the following: You must notify Intel of the transfer by sending a letter to Intel (i) identifying the legal entities of Recipient and You, (ii) identifying the Materials (i.e., the specific Intel software and version) and the associated serial numbers to be transferred, (iii) certifying that You retain no copies of the Materials or portions thereof, (iv) certifying that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement, (v) certifying that the Recipient has been notified that in order to receive support from Intel for the Materials they must notify Intel in writing of the transfer and provide Intel with the information specified in subsection (ii) above along with the name and email address of the individual assigned to use the Materials, and (vi) providing Your email address so that Intel may confirm receipt of Your letter. Please send such letter to:
Intel Corporation 2111 NE 25th Avenue Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15
4. PRIVACY:
A. Data Collection: Based on the personal information You provided to Intel when You registered the license to the Materials with Intel, Intel has collected or will collect certain personal information from You in order to contact You regarding updates to the Materials, and regarding Your experience with obtaining, installing and otherwise using Materials, including sending You surveys to obtain the aforementioned information.
B. Revoking Consent to Data Collection: You can revoke Your consent to this collection of personal information at any time by clicking on the link to "unsubscribe" at the bottom of any communication from Intel related to the Materials which will allow You to opt-out of receiving future messages related to the Materials.
C. Intel’s Privacy Notice: Intel is committed to respecting Your privacy. To learn more about Intel’s privacy practices, please visit http://www.intel.com/privacy.
5. OWNERSHIP: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are protected by intellectual property rights, including without limitation, United States copyright laws and international treaty provisions. You will not remove any copyright or other proprietary notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise; specifically Intel does not grant any express or implied right to You under Intel patents, copyrights, trademarks, or trade secrets.
6. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel sales representative.
7. LIMITATION OF LIABILITY: Neither Intel nor its suppliers shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other loss) arising out of the use of or inability to use the Materials, even if Intel has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. UNAUTHORIZED USE: The Materials are not designed, intended, or authorized for use in any type of a system or application in which the failure of the Materials could create a situation where personal injury or death may occur (e.g., medical systems, life sustaining or lifesaving systems). Should You use the Materials for any such unintended or unauthorized use, You hereby indemnify, defend, and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, expenses, and reasonable attorney fees arising out of, directly or indirectly, such use and any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the Materials.
9. USER SUBMISSIONS: This Agreement does not obligate You to provide Intel with materials, information, comments, suggestions or other communication regarding the Materials. However, You agree that any material, information, comments, suggestions or other communication You transmit or post to an Intel website (including but not limited to, submissions to the Intel Premier Support and/or other customer support websites or online portals) or provide to Intel under this Agreement are not controlled by the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulation (EAR), and if related to the features, functions, performance or use of the Materials are deemed non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If You wish to provide Intel with information that You intend to be treated as confidential information, Intel requires that such confidential information be provided pursuant to a non-disclosure agreement ("NDA"), so please contact Your Intel representative to ensure the proper NDA is in place.
Nothing in this Agreement will be construed as preventing Intel from reviewing Your Communications and errors or defects in Intel products discovered while reviewing Your Communications. Furthermore, nothing in this Agreement will be construed as preventing Intel from implementing independently- developed enhancements to Intel’s own error diagnosis methodology to detect errors or defects in Intel products discovered while reviewing Your Communications or to implement bug fixes or enhancements in Intel products. The foregoing may include the right to include Your Communications in regression test suites.
10. NON-DISCLOSURE: The following provisions will apply if there is no existing non-disclosure agreement between You and Intel. You will maintain the confidentiality of the Confidential Information (if any) with at least the same degree of care that You use to protect Your own confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. You will not disclose the Confidential Information to any employees or to any third parties except to Your employees who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth herein; provided that You will be liable for breach by any such entity. For the purposes of this Agreement, the term "employee" will include Your independent contractors, who have signed confidentiality agreements with You. You will not make any copies of the Confidential Information except as necessary for Your employees with a need to know. Any copies which are made will be identified as belonging to Intel and marked "confidential", "proprietary" or with similar legend. You will not be liable for the disclosure of any Confidential Information which is (a) generally made available publicly or to third parties by Intel without restriction on disclosure; (b) rightfully received from a third party without obligation of confidentiality; (c) rightfully known to You without any limitation on disclosure prior to Your receipt from Intel; (d) independently developed by Your employees; or (e) required to be disclosed in accordance with applicable laws, regulations, court, judicial or other government order, provided that You will give Intel reasonable notice prior to such disclosure and will comply with any applicable protective order.
11. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date You accept this Agreement and will continue until terminated as provided for in this Agreement. If You are using the Materials under a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is specified in the Materials or on Intel’s website, and/or controlled by the license key code for the Materials. Intel may terminate this license immediately if You are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, You will immediately return to Intel or destroy the Materials and all copies thereof. In the event of termination of this Agreement, the license grant to any Materials or Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement. Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 will survive expiration or termination of this Agreement.
12. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a "Commercial Item," as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and "commercial computer software documentation" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
13. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. This Agreement, including without limitation its termination, has no effect on any signed non-disclosure agreements between the parties, which remain in full force and effect as separate agreements to their terms. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and will not be entitled to rely on, any oral or written representations, warranties, conditions, understanding, or communications between the parties that are not expressly set forth in this Agreement. The express provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of this Agreement. The provisions of this Agreement will prevail notwithstanding any different, conflicting, or additional provisions that may appear on any purchase order, acknowledgement, invoice, or other writing issued by either party in connection with this Agreement. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify this Agreement by its title and version (e.g., "End User License Agreement for the Intel(R) Software Development Products (Version March 2016)). If You received a copy of this Agreement translated into another language, the English language version of this Agreement will prevail in the event of any conflict between versions. Intel may make changes to the Agreement as it distributes new versions of the Materials. When these changes are made, Intel will make a new version of the Agreement available on its website: https://software.intel.com/en-us/articles/end-user-license-agreement
B. EXPORT. You acknowledge that the Materials and all related technical information are subject to export controls under the laws and regulations of the United States and any other applicable governments. You agree to comply with these laws and regulations governing export, re-export, import, transfer, distribution, and use of the Materials. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to any person or entity listed on a denial order published by the U.S. government or any other applicable governments. By using the Materials, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Materials for any purposes prohibited by the U.S. government or other applicable governments, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons. You confirm that the Materials will not be re-exported or sold to a third party who is known or suspected to be involved in activities including, without limitation, the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons.
C. GOVERNING LAW, JURISDICTION, AND VENUE: All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.
D. SEVERABILITY: The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.
Document Title and Version: End User License Agreement for the Intel(R) Software Development Products (Version March 2016)
* Other names and brands may be claimed as the property of others
The source code, information and material ("Material") contained herein is
owned by Intel Corporation or its suppliers or licensors, and title to such
Material remains with Intel Corporation or its suppliers or licensors.
The Material contains proprietary information of Intel or its suppliers and
licensors.
The Material is protected by worldwide copyright laws and treaty provisions.
No part of the Material may be used, copied, reproduced, modified, published,
uploaded, posted, transmitted, distributed or disclosed in any way without
Intel's prior express written permission.
No license under any patent, copyright or other intellectual property rights
in the Material is granted to or conferred upon you, either expressly, by
implication, inducement, estoppel or otherwise. Any license under such
intellectual property rights must be express and approved by Intel in writing.
Unless otherwise agreed by Intel in writing, you may not remove or alter this
notice or any other notice embedded in Materials by Intel or Intel's suppliers
or licensors in any way.
Redistribution.
Redistribution and use in binary form, without modification, are permitted, provided that the following conditions are met:
Redistributions must reproduce the above copyright notice and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Intel Corporation nor the names of its suppliers may be used to endorse or promote products derived from this software without specific prior written permission.
No reverse engineering, decompilation, or disassembly of this software is permitted.
"Binary form" includes any format that is commonly used for electronic conveyance that is a reversible, bit-exact translation of binary representation to ASCII or ISO text, for example "uuencode."
DISCLAIMER.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOFTWARE LICENSE AGREEMENT
DO NOT DOWNLOAD, INSTALL, ACCESS, COPY, OR USE ANY PORTION OF THE SOFTWARE
UNTIL YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY
INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree to be
bound by, or the entity for whose benefit You act has not authorized You to
accept, these terms and conditions, do not install, access, copy, or use the
Software and destroy all copies of the Software in Your possession.
This SOFTWARE LICENSE AGREEMENT (this "Agreement") is entered into between
Intel Corporation, a Delaware corporation ("Intel") and You. "You" refers to
you or your employer or other entity for whose benefit you act, as applicable.
If you are agreeing to the terms and conditions of this Agreement on behalf of
a company or other legal entity, you represent and warrant that you have the
legal authority to bind that legal entity to the Agreement, in which case,
"You" or "Your" shall be in reference to such entity. Intel and You are
referred to herein individually as a "Party" or, together, as the "Parties".
The Parties, in consideration of the mutual covenants contained in this
Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which they acknowledge, and intending to be legally bound, agree
as follows:
1. PURPOSE. You seek to obtain, and Intel desires to provide You, under the
terms of this Agreement, Software solely for Your efforts to develop and
distribute products integrating Intel hardware and Intel software. "Software"
refers to certain software or other collateral, including, but not limited to,
related components, operating system, application program interfaces, device
drivers, associated media, printed or electronic documentation and any updates,
upgrades or releases thereto associated with Intel product(s), software or
service(s). "Intel-based product" refers to a device that includes,
incorporates, or implements Intel product(s), software or service(s).
2. LIMITED LICENSE. Conditioned on Your compliance with the terms and
conditions of this Agreement, Intel grants to You a limited, nonexclusive,
nontransferable, revocable, worldwide, fully paid-up license during the term of
this Agreement, without the right to sublicense, under Intel's copyrights
(subject to any third party licensing requirements), to (i) reproduce the
Software only for Your own internal evaluation, testing, validation, and
development of Intel-based products and any associated maintenance thereof;
(ii) reproduce, display, and publicly perform an object code representation of
the Software, only when integrated with and executed by an Intel-based product,
subject to any third party licensing requirements; and (iii) distribute an
object code representation of the Software, provided by Intel, through multiple
levels of distribution, solely as embedded in or for execution on an
Intel-based product and subject to these license terms, and if to an end user,
pursuant to a license agreement with terms and conditions at least as
restrictive as those contained in the Intel End User Software License Agreement
in Appendix A hereto.
If You are not the final manufacturer or vendor of an Intel-based product
incorporating or designed to incorporate the Software, You may transfer a copy
of the Software to Your Original Equipment Manufacturer (OEM), Original Device
Manufacturer (ODM), distributors, or system integration partners ("Your
Partner") for use in accordance with the terms and conditions of this
Agreement, provided Your Partner agrees to be fully bound by the terms hereof
and provided that You will remain fully liable to Intel for the actions and
inactions of Your Partner(s).
3. LICENSE RESTRICTIONS. All right, title and interest in and to the Software
and associated documentation are and will remain the exclusive property of
Intel and its licensors or suppliers. Unless expressly permitted under the
Agreement, You will not, and will not allow any third party to (i) use, copy,
distribute, sell or offer to sell the Software or associated documentation;
(ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change
or create derivative works from the Software except and only to the extent as
specifically required by mandatory applicable laws or any applicable third
party license terms accompanying the Software; (iii) use or make the Software
available for the use or benefit of third parties; or (iv) use the Software on
Your products other than those that include the Intel hardware product(s),
platform(s), or software identified in the Software; or (v) publish or provide
any Software benchmark or comparison test results. You acknowledge that an
essential basis of the bargain in this Agreement is that Intel grants You no
licenses or other rights including, but not limited to, patent, copyright,
trade secret, trademark, trade name, service mark or other intellectual
property licenses or rights with respect to the Software and associated
documentation, by implication, estoppel or otherwise, except for the licenses
expressly granted above. You acknowledge there are significant uses of the
Software in its original, unmodified and uncombined form. You may not remove
any copyright notices from the Software.
4. LICENSE TO FEEDBACK. This Agreement does not obligate You to provide Intel
with materials, information, comments, suggestions, or other communication
regarding the features, functions, performance or use of the Software
("Feedback"). If any portion of the Software is provided or otherwise made
available by Intel in source code form, to the extent You provide Intel with
Feedback in a tangible form, You grant to Intel and its affiliates a
non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, royalty-free,
fully paid-up and transferable license, to and under all of Your intellectual
property rights, whether perfected or not, to publicly perform, publicly
display, reproduce, use, make, have made, sell, offer for sale, distribute,
import, create derivative works of and otherwise exploit any comments,
suggestions, descriptions, ideas, Your Derivatives or other feedback regarding
the Software provided by You or on Your behalf.
5. OPEN SOURCE STATEMENT. The Software may include Open Source Software (OSS)
licensed pursuant to OSS license agreement(s) identified in the OSS comments in
the applicable source code file(s) or file header(s) provided with or otherwise
associated with the Software. Neither You nor any OEM, ODM, customer, or
distributor may subject any proprietary portion of the Software to any OSS
license obligations including, without limitation, combining or distributing
the Software with OSS in a manner that subjects Intel, the Software or any
portion thereof to any OSS license obligation. Nothing in this Agreement limits
any rights under, or grants rights that supersede, the terms of any applicable
OSS license.
6. THIRD PARTY SOFTWARE. Certain third party software provided with or within
the Software may only be used (a) upon securing a license directly from the
owner of the software or (b) in combination with hardware components purchased
from such third party and (c) subject to further license limitations by the
software owner. A listing of any such third party limitations is in one or more
text files accompanying the Software. You acknowledge Intel is not providing
You with a license to such third party software and further that it is Your
responsibility to obtain appropriate licenses from such third parties directly.
7. CONFIDENTIALITY. The terms and conditions of this Agreement, exchanged
confidential information, as well as the Software are subject to the terms and
conditions of the Non-Disclosure Agreement(s) or Intel Pre-Release Loan
Agreement(s) (referred to herein collectively or individually as "NDA") entered
into by and in force between Intel and You, and in any case no less
confidentiality protection than You apply to Your information of similar
sensitivity. If You would like to have a contractor perform work on Your behalf
that requires any access to or use of Software, You must obtain a written
confidentiality agreement from the contractor which contains terms and
conditions with respect to access to or use of Software no less restrictive
than those set forth in this Agreement, excluding any distribution rights and
use for any other purpose, and You will remain fully liable to Intel for the
actions and inactions of those contractors. You may not use Intel's name in any
publications, advertisements, or other announcements without Intel's prior
written consent.
8. NO OBLIGATION; NO AGENCY. Intel may make changes to the Software, or items
referenced therein, at any time without notice. Intel is not obligated to
support, update, provide training for, or develop any further version of the
Software or to grant any license thereto. No agency, franchise, partnership,
joint-venture, or employee-employer relationship is intended or created by this
Agreement.
9. EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel
does not warrant or assume responsibility for the accuracy or completeness of
any information, text, graphics, links or other items within the Software.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL OR ITS AFFILIATES,
LICENSORS OR SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA) ARISING OUT OF
OR IN RELATION TO THIS AGREEMENT, INCLUDING THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
IN PART NOT APPLY TO YOU. THE SOFTWARE LICENSED HEREUNDER IS NOT DESIGNED OR
INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS,
TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL
APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY
OR DEATH. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTEL AND YOU. YOU
ACKNOWLEDGE INTEL WOULD BE UNABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH
LIMITATIONS. YOU WILL INDEMNIFY AND HOLD INTEL AND ITS AFFILIATES, LICENSORS
AND SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS) HARMLESS AGAINST ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, AND
EXPENSES (INCLUDING REASONABLE ATTORNEY FEES), ARISING OUT OF, DIRECTLY OR
INDIRECTLY, THE DISTRIBUTION OF THE SOFTWARE AND ANY CLAIM OF PRODUCT
LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF
SUCH CLAIM ALLEGES THAT INTEL OR AN INTEL AFFILIATE, LICENSORS OR SUPPLIER WAS
NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE.
11. TERMINATION AND SURVIVAL. Intel may terminate this Agreement for any reason
with thirty (30) days' notice and immediately if You or someone acting on Your
behalf or at Your behest violates any of its terms or conditions. Upon
termination, You will immediately destroy and ensure the destruction of the
Software or return all copies of the Software to Intel (including providing
certification of such destruction or return back to Intel). Upon termination of
this Agreement, all licenses granted to You hereunder terminate immediately.
All Sections of this Agreement, except Section 2, will survive termination.
12. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute arising out
of or relating to it will be governed by the laws of the U.S.A. and Delaware,
without regard to conflict of laws principles. The Parties exclude the
application of the United Nations Convention on Contracts for the International
Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A.
will have exclusive jurisdiction over any dispute arising out of or relating to
this Agreement. The Parties consent to personal jurisdiction and venue in those
courts. A Party that obtains a judgment against the other Party in the courts
identified in this section may enforce that judgment in any court that has
jurisdiction over the Parties.
13. EXPORT REGULATIONS/EXPORT CONTROL. You agree that neither You nor Your
subsidiaries will export/re-export the Software, directly or indirectly, to any
country for which the U.S. Department of Commerce or any other agency or
department of the U.S. Government or the foreign government from where it is
shipping requires an export license, or other governmental approval, without
first obtaining any such required license or approval. In the event the
Software is exported from the U.S.A. or re-exported from a foreign destination
by You or Your subsidiary, You will ensure that the distribution and
export/re-export or import of the Software complies with all laws, regulations,
orders, or other restrictions of the U.S. Export Administration Regulations and
the appropriate foreign government.
14. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as defined
in 48 C.F.R. 2.101) consisting of commercial computer software and commercial
computer software documentation (as those terms are used in 48 C.F.R. 12.212).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4,
You will not provide the Software to the U.S. Government. Contractor or
Manufacturer is Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA
95054.
15. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the
license(s) granted or any of Your rights or duties hereunder, expressly, by
implication, by operation of law, or otherwise and any attempt to do so,
without Intel's express prior written consent, will be null and void. Intel may
assign, delegate and transfer this Agreement, and its rights and obligations
hereunder, in its sole discretion.
16. ENTIRE AGREEMENT; SEVERABILITY. The terms and conditions of this Agreement
and any NDA with Intel constitute the entire agreement between the parties with
respect to the subject matter hereof, and merge and supersede all prior or
contemporaneous agreements, understandings, negotiations and discussions.
Neither Party will be bound by any terms, conditions, definitions, warranties,
understandings, or representations with respect to the subject matter hereof
other than as expressly provided herein. In the event any provision of this
Agreement is unenforceable or invalid under any applicable law or applicable
court decision, such unenforceability or invalidity will not render this
Agreement unenforceable or invalid as a whole, instead such provision will be
changed and interpreted so as to best accomplish the objectives of such
provision within legal limits.
17. WAIVER. The failure of a Party to require performance by the other Party of
any provision hereof will not affect the full right to require such performance
at any time thereafter; nor will waiver by a Party of a breach of any provision
hereof constitute a waiver of the provision itself.
18. PRIVACY. YOUR PRIVACY RIGHTS ARE SET FORTH IN INTEL'S PRIVACY NOTICE, WHICH
FORMS A PART OF THIS AGREEMENT. PLEASE REVIEW THE PRIVACY NOTICE AT
HTTP://WWW.INTEL.COM/PRIVACY TO LEARN HOW INTEL COLLECTS, USES AND SHARES
INFORMATION ABOUT YOU.
APPENDIX A
INTEL END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
THE FOLLOWING NOTICE, OR TERMS AND CONDITIONS SUBSTANTIALLY IDENTICAL IN NATURE
AND EFFECT, MUST APPEAR IN THE DOCUMENTATION ASSOCIATED WITH THE INTEL-BASED
PRODUCT INTO WHICH THE SOFTWARE IS INSTALLED. MINIMALLY, SUCH NOTICE MUST
APPEAR IN THE USER GUIDE FOR THE PRODUCT. THE TERM "LICENSEE" IN THIS TEXT
REFERS TO THE END USER OF THE PRODUCT.
LICENSE. Licensee has a license under Intel's copyrights to reproduce Intel's
Software only in its unmodified and binary form, (with the accompanying
documentation, the "Software") for Licensee's personal use only, and not
commercial use, in connection with Intel-based products for which the Software
has been provided, subject to the following conditions:
(a) Licensee may not disclose, distribute or transfer any part of the
Software, and You agree to prevent unauthorized copying of the Software.
(b) Licensee may not reverse engineer, decompile, or disassemble the
Software.
(c) Licensee may not sublicense the Software.
(d) The Software may contain the software and other intellectual property
of third party suppliers, some of which may be identified in, and licensed in
accordance with, an enclosed license.txt file or other text or file.
(e) Intel has no obligation to provide any support, technical assistance or
updates for the Software.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
remains with Intel or its licensors or suppliers. The Software is copyrighted
and protected by the laws of the United States and other countries, and
international treaty provisions. Licensee may not remove any copyright notices
from the Software. Except as otherwise expressly provided above, Intel grants
no express or implied right under Intel patents, copyrights, trademarks, or
other intellectual property rights. Transfer of the license terminates
Licensee's right to use the Software.
DISCLAIMER OF WARRANTY. The Software is provided "AS IS" without warranty of
any kind, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. NEITHER INTEL NOR ITS LICENSORS OR SUPPLIERS WILL BE
LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER
UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF INTEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LICENSE TO USE COMMENTS AND SUGGESTIONS. This Agreement does NOT obligate
Licensee to provide Intel with comments or suggestions regarding the Software.
However, if Licensee provides Intel with comments or suggestions for the
modification, correction, improvement or enhancement of (a) the Software or (b)
Intel products or processes that work with the Software, Licensee grants to
Intel a non-exclusive, worldwide, perpetual, irrevocable, transferable,
royalty-free license, with the right to sublicense, under Licensee's
intellectual property rights, to incorporate or otherwise utilize those
comments and suggestions.
TERMINATION OF THIS LICENSE. Intel or the sublicensor may terminate this
license at any time if Licensee is in breach of any of its terms or conditions.
Upon termination, Licensee will immediately destroy or return to Intel all
copies of the Software.
THIRD PARTY BENEFICIARY. Intel is an intended beneficiary of the End User
License Agreement and has the right to enforce all of its terms.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a commercial item (as
defined in 48 C.F.R. 2.101) consisting of commercial computer software and
commercial computer software documentation (as those terms are used in 48
C.F.R. 12.212), consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1
through 227.7202-4. You will not provide the Software to the U.S. Government.
Contractor or Manufacturer is Intel Corporation, 2200 Mission College Blvd.,
Santa Clara, CA 95054.
EXPORT LAWS. Licensee agrees that neither Licensee nor Licensee's subsidiaries
will export/re-export the Software, directly or indirectly, to any country for
which the U.S. Department of Commerce or any other agency or department of the
U.S. Government or the foreign government from where it is shipping requires an
export license, or other governmental approval, without first obtaining any
such required license or approval. In the event the Software is exported from
the U.S.A. or re-exported from a foreign destination by Licensee, Licensee will
ensure that the distribution and export/re-export or import of the Software
complies with all laws, regulations, orders, or other restrictions of the U.S.
Export Administration Regulations and the appropriate foreign government.
APPLICABLE LAWS. This Agreement and any dispute arising out of or relating to
it will be governed by the laws of the U.S.A. and Delaware, without regard to
conflict of laws principles. The Parties to this Agreement exclude the
application of the United Nations Convention on Contracts for the International
Sale of Goods (1980). The state and federal courts sitting in Delaware, U.S.A.
will have exclusive jurisdiction over any dispute arising out of or relating to
this Agreement. The Parties consent to personal jurisdiction and venue in those
courts. A Party that obtains a judgment against the other Party in the courts
identified in this section may enforce that judgment in any court that has
jurisdiction over the Parties.
Licensee's specific rights may vary from country to country.
Intel Open Source License
Copyright (c) 1989, Intel Corporation
Intel hereby grants you permission to copy, modify, and distribute this software and
its documentation. Intel grants this permission provided that the above copyright
notice appears in all copies and that both the copyright notice and this permission
notice appear in supporting documentation. In addition, Intel grants this permission
provided that you prominently mark as not part of the original any modifications made
to this software or documentation, and that the name of Intel Corporation not be used
in advertising or publicity pertaining to distribution of the software or the
documentation without specific, written prior permission.
Intel Corporation does not warrant, guarantee or make any representations regarding
the use of, or the results of the use of, the software and documentation in terms of
correctness, accuracy, reliability, currentness, or otherwise; and you rely on the
software, documentation and results solely at your own risk.
Intel hereby grants you permission to copy, modify, and distribute this
software and its documentation. Intel grants this permission provided
that the above copyright notice appears in all copies and that both the
copyright notice and this permission notice appear in supporting
documentation. In addition, Intel grants this permission provided that
you prominently mark as "not part of the original" any modifications
made to this software or documentation, and that the name of Intel
Corporation not be used in advertising or publicity pertaining to
distribution of the software or the documentation without specific,
written prior permission.
Intel Corporation provides this AS IS, WITHOUT ANY WARRANTY, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Intel makes no guarantee or
representations regarding the use of, or the results of the use of,
the software and documentation in terms of correctness, accuracy,
reliability, currentness, or otherwise; and you rely on the software,
documentation and results solely at your own risk.
IN NO EVENT SHALL INTEL BE LIABLE FOR ANY LOSS OF USE, LOSS OF BUSINESS,
LOSS OF PROFITS, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND. IN NO EVENT SHALL INTEL'S TOTAL LIABILITY EXCEED THE SUM
PAID TO INTEL FOR THE PRODUCT LICENSED HEREUNDER.
This program has been developed by Intel Corporation.
You have Intel's permission to incorporate this code
into your product, royalty free. Intel has various
intellectual property rights which it may assert under
certain circumstances, such as if another manufacturer's
processor mis-identifies itself as being "GenuineIntel"
when the CPUID instruction is executed.
Intel specifically disclaims all warranties, express or
implied, and all liability, including consequential and
other indirect damages, for the use of this code,
including liability for infringement of any proprietary
rights, and including the warranties of merchantability
and fitness for a particular purpose. Intel does not
assume any responsibility for any errors which may
appear in this code nor any responsibility to update it.
Other brands and names are the property of their respective
owners.
Intel Sample Source Code License Agreement
Code Samples License Agreement (Version December 2015)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install or use the Materials (as defined below) provided under this license agreement ("Agreement") from Intel Corporation (“Intel”), until you (“You”) have carefully read the following terms and conditions. By copying, installing or otherwise using the Materials, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not copy, install or use the Materials.
If You are agreeing to the terms and conditions of this Agreement on behalf of a company or other legal entity (“Legal Entity”), You represent and warrant that You have the legal authority to bind that Legal Entity to the Agreement, in which case, "You" or "Your" will mean such Legal Entity.
By agreeing to this Agreement, You affirm that You are of legal age (18 years old or older) to enter into this Agreement. If You are not of legal age You may not enter into this Agreement, and either Your parent, legal guardian or Legal Entity must agree to the terms and conditions of this Agreement and enter into this Agreement, in which case, "You" or "Your" will mean such parent, legal guardian, or Legal Entity.
Third Party Programs (as defined below), even if included with the distribution of the Materials, are governed by separate third party license terms, including without limitation, open source software license terms. Such third party license terms (and not this Agreement) govern Your use of the Third Party Programs, and Intel is not liable for the Third Party Programs.
1. LICENSE DEFINITIONS:
“Licensed Patent Claims” means the claims of Intel’s patents that are necessarily and directly infringed by the reproduction and distribution of the Materials that is authorized in Section 2 below, when the Materials are in its unmodified form as delivered by Intel to You and not modified or combined with anything else. Licensed Patent Claims are only those claims that Intel can license without paying, or getting the consent of, a third party.
“Materials” means Sample Source Code, Redistributables, and End-User Documentation but do not include Third Party Programs.
“Sample Source Code” means Source Code files that are identified as sample code and which may include example interface or application source code, and any updates, provided under this Agreement.
“Source Code” is defined as the software (and not documentation or text) portion of the Materials provided in human readable format, and includes modifications that You make or are made on Your behalf as expressly permitted under the terms of this Agreement.
“Redistributables” means header, library, and dynamically linkable library files, and any updates, provided under this Agreement.
“Third Party Programs” (if any) are the third party software files that may be included with the Materials for the applicable software that include a separate third party license agreement in an attached text file.
“End-User Documentation” means textual materials intended for end users relating to the Materials.
2. LICENSE GRANT:
Subject to the terms and conditions of this Agreement, Intel grants You a non-exclusive, worldwide, non-assignable, royalty-free limited right and license:
A. under its copyrights, to:
1) Copy, modify, and compile the Sample Source Code and distribute it solely in Your products in executable and source code form;
2) Copy and distribute the Redistributables solely with Your products;
3) Copy, modify, and distribute the End User Documentation solely with Your products.
B. Under its patents, to:
1) make copies of the Materials internally only;
2) use the Materials internally only; and
3) offer to distribute, and distribute, but not sell, the Materials only as part of or with Your products, under Intel’s copyright license granted in Section 2(A) but only under the terms of that copyright license and not as a sale (but this right does not include the right to sub-license);
4) provided, further, that the license under the Licensed Patent Claims does not and will not apply to any modifications to, or derivative works of, the Materials, whether made by You, Your end user (which, for all purposes under this Agreement, will mean either an end user, a customer, reseller, distributor or other channel partner), or any third party even if the modification and creation of derivative works are permitted under 2(A).
3. LICENSE RESTRICTIONS:
Except as expressly provided in this Agreement, You may not:
i. use, copy, distribute or publicly display the Materials;
ii. reverse-assemble, reverse-compile, or otherwise reverse-engineer any software provided solely in binary form, iii. rent or lease the Materials to any third party;
iv. assign this Agreement or display the Materials;
v. assign this Agreement or transfer the Materials;
vi. modify, adapt or translate the Materials in whole or in part;
vii. distribute, sublicense or transfer the source code form of the Materials or derivatives thereof to any third party; viii. distribute the Materials except as part of Your products;
ix. include the Materials in malicious, deceptive, or unlawful programs or products;
x. modify, create a derivative work, link or distribute the Materials so that any part of it becomes subject to an Excluded License.
Upon Intel's release of an update, upgrade, or new version of the Materials, you will make reasonable efforts to discontinue distribution of the enclosed Materials and you will make reasonable efforts to distribute such updates, upgrades, or new versions to your customers who have received the Materials herein.
Distribution of the Materials is also subject to the following limitations. You:
i. will be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution;
ii. will not make any statement that your product is "certified," or that its performance is guaranteed, by Intel;
iii. will not use Intel's name or trademarks to market your product without written permission;
iv. will prohibit disassembly and reverse engineering of the Materials provided in executable form;
v. will not publish reviews of Materials without written permission by Intel, and
vi. will indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your distribution of any product.
4. OWNERSHIP: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent unauthorized copying of the Materials. Except as expressly provided herein, Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
5. NO WARRANTY AND NO SUPPORT: Disclaimer. Intel disclaims all warranties of any kind and the terms and remedies provided in this Agreement are instead of any other warranty or condition, express, implied or statutory, including those regarding merchantability, fitness for any particular purpose, non-infringement or any warranty arising out of any course of dealing, usage of trade, proposal, specification or sample. Intel does not assume (and does not authorize any person to assume on its behalf) any other liability.
Intel may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support, update or provide training for the Materials. Intel may in its sole discretion offer such support, update or training services under separate terms at Intel’s then-current rates. You may request additional information on Intel’s service offerings from an Intel sales representative.
6. USER SUBMISSIONS: You agree that any material, information, or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to an Intel website will be considered non-confidential ("Communications"). Intel will have no confidentiality obligations with respect to the Communications. You agree that Intel and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate, and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes.
7. LIMITATION OF LIABILITY: Neither Intel nor its suppliers shall be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other loss) arising out of the use of or inability to use the Materials, even if Intel has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
8. TERM AND TERMINATION: This Agreement commences upon Your copying, installing or using the Materials and continues until terminated. Either You or Intel may terminate this Agreement at any time upon 30 days prior written notice to the other party. Intel may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, You will immediately destroy the Materials or return all copies of the Materials to Intel along with any copies You have made. After termination, the license grant to any Materials or Redistributables distributed by You in accordance with the terms and conditions of this Agreement, prior to the effective date of such termination, will survive any such termination of this Agreement.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a “Commercial Item,” as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is “commercial computer software” and “commercial computer software documentation” as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government will only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
10. APPLICABLE LAWS: All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will in all respects be governed by, and construed and interpreted under, the laws of the United States of America and the State of Delaware, without reference to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and will not apply to this Agreement. All disputes arising out of or related to this Agreement, whether based on contract, tort, or any other legal or equitable theory, will be subject to the exclusive jurisdiction of the courts of the State of Delaware or of the Federal courts sitting in that State. Each party submits to the personal jurisdiction of those courts and waives all objections to that jurisdiction and venue for those disputes.
11. SEVERABILITY: The parties intend that if a court holds that any provision or part of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remainder of this Agreement, which will continue in full force and effect.
12. EXPORT: You must comply with all laws and regulations of the United States and other countries governing the export, re-export, import, transfer, distribution, use, and servicing of Software. In particular, You must not: (a) sell or transfer Software to a country subject to sanctions, or to any entity listed on a denial order published by the United States government or any other relevant government; or (b) use, sell, or transfer Software for the development, design, manufacture, or production of nuclear, missile, chemical or biological weapons, or for any other purpose prohibited by the United States government or other applicable government; without first obtaining all authorizations required by all applicable laws. For more details on Your export obligations, please visit http://www.intel.com/content/www/us/en/legal/export-compliance.html.
13. ENTIRE AGREEMENT: This Agreement contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Agreement, and supersedes all prior and contemporaneous proposals, agreements, understanding, negotiations, representations, warranties, conditions, and communications, oral or written, between the parties relating to the same subject matter. No modification or amendment to this Agreement will be effective unless in writing and signed by authorized representatives of each party, and must specifically identify this Agreement.
Intel Source Code License Agreement
This license governs use of the accompanying software. By installing or copying all or any part of the software components in this package, you ("you" or "Licensee") agree to the terms of this agreement. Do not install or copy the software until you have carefully read and agreed to the following terms and conditions. If you do not agree to the terms of this agreement, promptly return the software to Intel Corporation ("Intel").
1. Definitions:
A. "Materials" are defined as the software (including the Redistributables and Source as defined herein), documentation, and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement.
B. "Redistributables" are the binary files listed in the "redist.txt" file that is included in the Materials or are otherwise clearly identified as redistributable files by Intel.
C. " Source" is the source code file(s) that: (i) demonstrate(s) certain functions for particular purposes; (ii) are identified as source code; and (iii) are provided hereunder in source code form.
D. "Intel’s Licensed Patent Claims" means those claims of Intel’s patents that (a) are infringed by the Source or Redistributables, alone and not in combination, in their unmodified form, as furnished by Intel to Licensee and (b) Intel has the right to license.
2. License Grant: Subject to all of the terms and conditions of this Agreement:
A. Intel grants to you a non-exclusive, non-assignable, copyright license to use the Material for your internal development purposes only.
B. Intel grants to you a non-exclusive, non-assignable copyright license to reproduce the Source, prepare derivative works of the Source and distribute the Source or any derivative works thereof that you create, as part of the product or application you develop using the Materials.
C. Intel grants to you a non-exclusive, non-assignable copyright license to distribute the Redistributables in binary form, or any portions thereof, as part of the product or application you develop using the Materials.
D. Intel grants Licensee a non-transferable, non-exclusive, worldwide, non-sublicenseable license under Intel’s Licensed Patent Claims to make, use, sell, and import the Source and the Redistributables.
3. Conditions and Limitations:
A. This license does not grant you any rights to use Intel’s name, logo or trademarks.
B. Title to the Materials and all copies thereof remain with Intel. The Materials are copyrighted and are protected by United States copyright laws. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
C. You may NOT: (i) use or copy the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials without the express written consent of Intel; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the Materials not provided to you in source code form; or (vii) distribute, sublicense or transfer the source code form of any components of the Materials and derivatives thereof to any third party except as provided in this Agreement.
4. No Warranty:
THE MATERIALS ARE PROVIDED "AS IS". INTEL DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THEM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY: NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. USER SUBMISSIONS: You agree that any material, information or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to an Intel website or provide to Intel under this Agreement will be considered non-confidential ("Communications"). Intel will have no confidentiality obligations with respect to the Communications. You agree that Intel and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes
7. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. Intel may terminate this license at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately return to Intel or destroy the Materials and all copies thereof.
8. U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials are provided with "RESTRICTED RIGHTS". Use, duplication or disclosure by the Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Intel's rights in them.
9. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, without regard to principles of conflict of laws. You may not export the Materials in violation of applicable export laws.
Redistribution.
Redistribution and use in binary form, without modification, are
permitted provided that the following conditions are met:
Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
Neither the name of Intel Corporation
nor the names of its suppliers may be used to endorse or promote
products derived from this software without specific prior written
permission.
No reverse engineering, decompilation, or disassembly of this
software is permitted.
Limited patent license. Intel Corporation grants a world-wide,
royalty-free, non-exclusive license under patents it now or hereafter
owns or controls to make, have made, use, import, offer to sell and
sell ("Utilize") this software, but solely to the extent that any
such patent is necessary to Utilize the software alone, or in
combination with an operating system licensed under an approved Open
Source license as listed by the Open Source Initiative at
http://opensource.org/licenses. The patent license shall not apply to
any other combinations which include this software. No hardware per
se is licensed hereunder.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Interbase Public License v1.0
http://info.borland.com/devsupport/interbase/opensource/IPL.html
INTERBASE PUBLIC LICENSE Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License. 2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non- exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations. 3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters (a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating
to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License. 6.1. New Versions.
Borland Software Corporation (''Interbase'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Interbase. No one other than Interbase has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by
this License), You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL", "Interbase", "ISC", "IB'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
6.4 Origin of the Interbase Public License.
The Interbase public license is based on the Mozilla Public License V 1.1 with the following changes:
The license is published by Borland Software Corporation. Only Borland Software Corporation can modify the terms applicable to Covered Code. The license can be modified used for code which is not already governed by this license. Modified versions of the license must be renamed to avoid confusion with Netscape?s or Interbase Software?s license and must include a description of changes from the Interbase Public License. The name of the license in Exhibit A is the "Interbase Public License". The reference to an alternative license in Exhibit A has been removed. Amendments I, II, III, V, and VI have been deleted. Exhibit A, Netscape Public License has been deleted A new amendment (II) has been added, describing the required and restricted rights to use the trademarks of Borland Software Corporation
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple- Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - InterBase Public License.
``The contents of this file are subject to the Interbase Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.Interbase.com/IPL.html
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code was created by InterBase Software Corp and its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
Contributor(s): . AMENDMENTS
I. InterBase and logo. This License does not grant any rights to use the trademarks "Interbase'', "Java" or "JavaScript" even if such marks are included in the Original Code or Modifications.
II. Trademark Usage.
II.1. Advertising Materials. All advertising materials mentioning features or use of the covered Code must display the following acknowledgement: "This product includes software developed by Borland Software Corp.
II.2. Endorsements. The names "InterBase," "ISC," and "IB" must not be used to endorse or promote Contributor Versions or Larger Works without the prior written permission of Interbase.
II.3. Product Names. Contributor Versions and Larger Works may not be called "InterBase" or "Interbase" nor may the word "InterBase" appear in their names without the prior written permission of Interbase.
As a special exception, if you link this library with files compiled with
a GNU compiler to produce an executable, this does not cause the resulting
executable to be covered by the GNU General Public License. This exception does
not however invalidate any other reasons why the executable file
might be covered by the GNU General Public License.
License to freely use and distribute this software is hereby granted by the
author, subject to the condition that this copyright notice remains intact. The
author retains the exclusive right to publish derivative works based on this
work, including, but not limited to, revised versions of this work.
THIS SOFTWARE IS PROVIDED BY DON CAPPS AND THE IOZONE CREW "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED.
IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE.
IPA Font License Agreement v1.0
The Licensor provides the Licensed Program (as defined in Article 1 below) under the terms of this license agreement ("Agreement"). Any use, reproduction or distribution of the Licensed Program, or any exercise of rights under this Agreement by a Recipient (as defined in Article 1 below) constitutes the Recipient's acceptance of this Agreement.
Article 1 (Definitions)
1. "Digital Font Program" shall mean a computer program containing, or used to render or display fonts.
2. "Licensed Program" shall mean a Digital Font Program licensed by the Licensor under this Agreement.
3. "Derived Program" shall mean a Digital Font Program created as a result of a modification, addition, deletion, replacement or any other adaptation to or of a part or all of the Licensed Program, and includes a case where a Digital Font Program newly created by retrieving font information from a part or all of the Licensed Program or Embedded Fonts from a Digital Document File with or without modification of the retrieved font information.
4. "Digital Content" shall mean products provided to end users in the form of digital data, including video content, motion and/or still pictures, TV programs or other broadcasting content and products consisting of character text, pictures, photographic images, graphic symbols and/or the like.
5. "Digital Document File" shall mean a PDF file or other Digital Content created by various software programs in which a part or all of the Licensed Program becomes embedded or contained in the file for the display of the font ("Embedded Fonts"). Embedded Fonts are used only in the display of characters in the particular Digital Document File within which they are embedded, and shall be distinguished from those in any Digital Font Program, which may be used for display of characters outside that particular Digital Document File.
6. "Computer" shall include a server in this Agreement.
7. "Reproduction and Other Exploitation" shall mean reproduction, transfer, distribution, lease, public transmission, presentation, exhibition, adaptation and any other exploitation.
8. "Recipient" shall mean anyone who receives the Licensed Program under this Agreement, including one that receives the Licensed Program from a Recipient.
Article 2 (Grant of License)
The Licensor grants to the Recipient a license to use the Licensed Program in any and all countries in accordance with each of the provisions set forth in this Agreement. However, any and all rights underlying in the Licensed Program shall be held by the Licensor. In no sense is this Agreement intended to transfer any right relating to the Licensed Program held by the Licensor except as specifically set forth herein or any right relating to any trademark, trade name, or service mark to the Recipient.
1. The Recipient may install the Licensed Program on any number of Computers and use the same in accordance with the provisions set forth in this Agreement.
2. The Recipient may use the Licensed Program, with or without modification in printed materials or in Digital Content as an expression of character texts or the like.
3. The Recipient may conduct Reproduction and Other Exploitation of the printed materials and Digital Content created in accordance with the preceding Paragraph, for commercial or non-commercial purposes and in any form of media including but not limited to broadcasting, communication and various recording media.
4. If any Recipient extracts Embedded Fonts from a Digital Document File to create a Derived Program, such Derived Program shall be subject to the terms of this agreement.
5. If any Recipient performs Reproduction or Other Exploitation of a Digital Document File in which Embedded Fonts of the Licensed Program are used only for rendering the Digital Content within such Digital Document File then such Recipient shall have no further obligations under this Agreement in relation to such actions.
6. The Recipient may reproduce the Licensed Program as is without modification and transfer such copies, publicly transmit or otherwise redistribute the Licensed Program to a third party for commercial or non-commercial purposes ("Redistribute"), in accordance with the provisions set forth in Article 3 Paragraph 2.
7. The Recipient may create, use, reproduce and/or Redistribute a Derived Program under the terms stated above for the Licensed Program: provided, that the Recipient shall follow the provisions set forth in Article 3 Paragraph 1 when Redistributing the Derived Program.
Article 3 (Restriction)
The license granted in the preceding Article shall be subject to the following restrictions:
1. If a Derived Program is Redistributed pursuant to Paragraph 4 and 7 of the preceding Article, the following conditions must be met :
(1) The following must be also Redistributed together with the Derived Program, or be made available online or by means of mailing mechanisms in exchange for a cost which does not exceed the total costs of postage, storage medium and handling fees:
(a) a copy of the Derived Program; and
(b) any additional file created by the font developing program in the course of creating the Derived Program that can be used for further modification of the Derived Program, if any.
(2) It is required to also Redistribute means to enable recipients of the Derived Program to replace the Derived Program with the Licensed Program first released under this License (the "Original Program"). Such means may be to provide a difference file from the Original Program, or instructions setting out a method to replace the Derived Program with the Original Program.
(3) The Recipient must license the Derived Program under the terms and conditions of this Agreement.
(4) No one may use or include the name of the Licensed Program as a program name, font name or file name of the Derived Program.
(5) Any material to be made available online or by means of mailing a medium to satisfy the requirements of this paragraph may be provided, verbatim, by any party wishing to do so.
2. If the Recipient Redistributes the Licensed Program pursuant to Paragraph 6 of the preceding Article, the Recipient shall meet all of the following conditions:
(1) The Recipient may not change the name of the Licensed Program.
(2) The Recipient may not alter or otherwise modify the Licensed Program.
(3) The Recipient must attach a copy of this Agreement to the Licensed Program.
3. THIS LICENSED PROGRAM IS PROVIDED BY THE LICENSOR "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTY AS TO THE LICENSED PROGRAM OR ANY DERIVED PROGRAM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXTENDED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO; PROCUREMENT OF SUBSTITUTED GOODS OR SERVICE; DAMAGES ARISING FROM SYSTEM FAILURE; LOSS OR CORRUPTION OF EXISTING DATA OR PROGRAM; LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, THE REPRODUCTION OR OTHER EXPLOITATION OF THE LICENSED PROGRAM OR ANY DERIVED PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. The Licensor is under no obligation to respond to any technical questions or inquiries, or provide any other user support in connection with the installation, use or the Reproduction and Other Exploitation of the Licensed Program or Derived Programs thereof.
Article 4 (Termination of Agreement)
1. The term of this Agreement shall begin from the time of receipt of the Licensed Program by the Recipient and shall continue as long as the Recipient retains any such Licensed Program in any way.
2. Notwithstanding the provision set forth in the preceding Paragraph, in the event of the breach of any of the provisions set forth in this Agreement by the Recipient, this Agreement shall automatically terminate without any notice. In the case of such termination, the Recipient may not use or conduct Reproduction and Other Exploitation of the Licensed Program or a Derived Program: provided that such termination shall not affect any rights of any other Recipient receiving the Licensed Program or the Derived Program from such Recipient who breached this Agreement.
Article 5 (Governing Law)
1. IPA may publish revised and/or new versions of this License. In such an event, the Recipient may select either this Agreement or any subsequent version of the Agreement in using, conducting the Reproduction and Other Exploitation of, or Redistributing the Licensed Program or a Derived Program. Other matters not specified above shall be subject to the Copyright Law of Japan and other related laws and regulations of Japan.
2. This Agreement shall be construed under the laws of Japan.
The IPFire Project Contributor Agreement
Goal
----
We require that contributors to IPFire (as defined below) agree to
this IPFire Project Contributor Agreement (IPCA) to ensure that
contributions to IPFire have acceptable licensing terms.
Non-Goals
---------
The IPCA is not a copyright assignment agreement.
The IPCA does not somehow supersede the existing licensing terms
that apply to IPFire contributions. There are two important subpoints
here. First, the IPCA does not apply to upstream code (or other
material) that you didn't write; indeed, it would be preposterous for
it to attempt to do so. Note the narrow way in which we have defined
capital-c "Contribution". Second, the main provision of the IPCA
specifies that a default license will apply to code that you wrote,
but only to the extent that you have not bothered to put an explicit
license on it. Therefore, the IPCA is not some sort of special
permissive license granted to any party, despite the explicit choice
of a more restrictive license by you or by upstream developers.
Terms
-----
0. Definitions.
"Acceptable License For IPFire" means a license selected from the
appropriate categorical sublist of the full list of acceptable
licenses for IPFire, currently located at
http://wiki.ipfire.org/en/legal/licenses, as that list may be revised
from time to time by the IPFire Core Developers. "Acceptable Licenses
For IPFire" means that full list.
"CC-BY-SA" means the Creative Commons Attribution-ShareAlike 3.0
Unported license, as published at
<http://creativecommons.org/licenses/by-sa/3.0/legalcode>.
"Code" means (i) software code, (ii) any other functional material
whose principal purpose is to control or facilitate the building of
packages, such as a Pakfire makefile, (iii) font files, and (iv) other
kinds of copyrightable material that the IPFire Core Developers has
classified as "code" rather than "content".
"Content" means any copyrightable material that is not Code, such as,
without limitation, (i) non-functional data sets, (ii) documentation,
(iii) wiki edits, (iv) music files, (v) graphic image files, (vi) help
files, and (vii) other kinds of copyrightable material that the IPFire
Core Developers has classified as "content" rather than "code".
"Contribution" means a Work that You created, excluding any portion
that was created by someone else. (For example, if You Submit a
package to IPFire, the Pakfire Makefile You write may be a Contribution,
but all the upstream code in the associated Source Package that You did not
write is not a Contribution for purposes of this IPCA.)
A Contribution consists either of Code or of Content.
"Current Default License", with respect to a Contribution, means (i)
if the Contribution is Code, the MIT License, and (ii) if the
Contribution is Content, CC-BY-SA supplemented by Moral Rights Clause
Waiver and GPL Relicensing Permission.
"IPFire" means the community project led by the IPFire Core Developers.
"IPFire Community" means (i) all IPFire participants, and (ii) all
persons receiving Contributions directly or indirectly from or through
IPFire.
"GPL" means the GNU General Public License, version 2 or any later
version published by the Free Software Foundation, or the GNU Affero
General Public License, version 3 or any later version published by
the Free Software Foundation.
"GPL-Covered Derivative" of a Contribution means an adaptation or
derivative work of the Contribution, or a compilation that includes
the Contribution (or such adaptation or derivative work), where such
adaptation, derivative work, or compilation, if distributed or made
available to the public, would be required to be licensed under the
GPL because it is based on or includes a Work governed by the GPL.
"GPL Relicensing Permission", with respect to a Contribution licensed
under CC-BY-SA, means a grant of additional copyright permission to
distribute or make available to the public a copy of a GPL-Covered
Derivative of the Contribution under the terms of the applicable
version of the GPL, with no conditions of CC-BY-SA that would be
treated as "further restrictions" within the meaning of the applicable
version of the GPL surviving such distribution with respect to that
copy.
"Licensed" means covered by explicit licensing terms that are
conspicuous and readily discernible to recipients.
"MIT License" means the license identified as "Modern Style with
sublicense" at <https://opensource.org/licenses/MIT>.
"Moral Rights Clause Waiver" means a waiver of the right to enforce,
and an agreement not to assert, Section 4d of CC-BY-SA against the
IPFire Community, to the fullest extent permitted by applicable law.
"Submit" means to use some mode of digital communication (for example,
without limitation, mailing lists, bug tracking systems, and source
code version control systems administered by IPFire) to voluntarily
provide a Contribution to IPFire.
"Unlicensed" means not Licensed.
"Work" means a copyrightable work of authorship. A Work may be a
portion of a larger Work, and a Work may be a modification of or
addition to another Work.
"You" means the individual accepting this instance of the IPCA.
1. Copyright Permission Required for All Contributions.
If You are not the copyright holder of a given Contribution that You
wish to Submit to IPFire (for example, if Your employer or university
holds copyright in it), it is Your responsibility to first obtain
authorization from the copyright holder to Submit the Contribution
under the terms of this IPCA on behalf of, or otherwise with the
permission of, that copyright holder. One form of such authorization
is for the copyright holder to place, or permit You to place, an
Acceptable License For IPFire on the Contribution.
2. Licensed Contributions.
If Your Contribution is Licensed, Your Contribution will be governed
by the terms under which it has been licensed.
3. Default Licensing of Unlicensed Contributions.
If You Submit an Unlicensed Contribution to IPFire, the license to the
IPFire Community for that Contribution shall be the Current Default
License.
The IPFire Core Developers may, by public announcement, subsequently
designate an additional or alternative default license for a given
category of Contribution (a "Later Default License"). A Later Default
License shall be chosen from the appropriate categorical sublist of
Acceptable Licenses For IPFire.
Once a Later Default License has been designated, Your Unlicensed
Contribution shall also be licensed to the IPFire Community under that
Later Default License. Such designation shall not affect the
continuing applicability of the Current Default License to Your
Contribution.
You consent to having IPFire provide reasonable notice of Your
licensing of Your Contribution under the Current Default License (and,
if applicable, a Later Default License) in a manner determined by
IPFire.
4. Public Domain United States Government Works.
Sections 1 through 3 of this IPCA do not apply to any Contribution to
the extent that it is a work of the United States Government for which
copyright is unavailable under 17 U.S.C. 105.
5. Acceptance.
You must signify Your assent to the terms of this IPCA through
specific electronic means established by IPFire (such as by
click-through acceptance means).
You may also, at Your option, and without eliminating the requirement
set forth in the preceding paragraph, send a copy of this IPCA,
bearing Your written signature indicating Your acceptance of its
terms, by email to legal@ipfire.org, by fax to +49 2363 6035 9
or by postal mail to:
IPFire Legal Team
c/o Michael Tremer
Gerhardstraße 8
45711 Datteln
GERMANY
Non-Exclusive License Agreement for International
Press Telecommunications Council Specifications
and Related Documentation and Software
IMPORTANT: International Press Telecommunications Council (IPTC) standard
specifications for news (the Specifications) and supporting software, documentation,
technical reports, web sites and other material related to the Specifications (the
Materials) including any document accompanying this license (the Document),
whether in a paper or electronic format, are made available to you subject to the
terms stated below. By obtaining, using and/or copying the Specifications or
Materials, you (the licensee) agree that you have read, understood, and will comply
with the following terms and conditions.
1. The Specifications and Materials are licensed for use only on the condition that
you agree to be bound by the terms of this license. Subject to this and other
licensing requirements contained herein, you may, on a non-exclusive basis,
use the Specifications and Materials.
2. The IPTC openly provides the Specifications and Materials for voluntary use by
individuals, partnerships, companies, corporations, organizations and any other
entity for use at the entity’s own risk. This disclaimer, license and release is
intended to apply to the IPTC, its officers, directors, agents, representatives,
members, contributors, affiliates, contractors, or co-venturers acting jointly or
severally.
3. The Document and translations thereof may be copied and furnished to others,
and derivative works that comment on or otherwise explain it or assist in its
implementation may be prepared, copied, published and distributed, in whole
or in part, without restriction of any kind, provided that the copyright and
license notices and references to the IPTC appearing in the Document and the
terms of this Specifications License Agreement are included on all such copies
and derivative works. Further, upon the receipt of written permission from the
IPTC, the Document may be modified for the purpose of developing applications
that use IPTC Specifications or as required to translate the Document into
languages other than English.
4. Any use, duplication, distribution, or exploitation of the Document and
Specifications and Materials in any manner is at your own risk.
5. NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE REGARDING THE
ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR
USEFULNESS OF ANY INFORMATION CONTAINED IN THE DOCUMENT OR IN
ANY SPECIFICATION OR OTHER PRODUCT OR SERVICE PRODUCED OR
SPONSORED BY THE IPTC. THE DOCUMENT AND THE INFORMATION
CONTAINED HEREIN AND INCLUDED IN ANY SPECIFICATION OR OTHER
PRODUCT OR SERVICE OF THE IPTC IS PROVIDED ON AN "AS IS" BASIS. THE
IPTC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY ACTUAL OR ASSERTED WARRANTY OF
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE IPTC NOR ITS
CONTRIBUTORS SHALL BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT
USE OF INFORMATION. NEITHER THE IPTC NOR ITS CONTRIBUTORS ASSUME
ANY RESPONSIBILITY FOR ANYONE'S USE OF INFORMATION PROVIDED BY THE
IPTC. IN NO EVENT SHALL THE IPTC OR ITS CONTRIBUTORS BE LIABLE TO
ANYONE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO,
COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA OR ANY FORM OF
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
OF ANY KIND WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY,
TORT, PRODUCT LIABILITY OR OTHERWISE.
6. The IPTC takes no position regarding the validity or scope of any Intellectual
Property or other rights that might be claimed to pertain to the implementation
or use of the technology described in the Document or the extent to which any
license under such rights might or might not be available. The IPTC does not
represent that it has made any effort to identify any such rights. Copies of
claims of rights made available for publication, assurances of licenses to be
made available, or the result of an attempt made to obtain a general license or
permission for the use of such proprietary rights by implementers or users of
the Specifications and Materials, can be obtained from the Managing Director of
the IPTC.
7. By using the Specifications and Materials including the Document in any
manner or for any purpose, you release the IPTC from all liabilities, claims,
causes of action, allegations, losses, injuries, damages, or detriments of any
nature arising from or relating to the use of the Specifications, Materials or any
portion thereof. You further agree not to file a lawsuit, make a claim, or take
any other formal or informal legal action against the IPTC, resulting from your
acquisition, use, duplication, distribution, or exploitation of the Specifications,
Materials or any portion thereof. Finally, you hereby agree that the IPTC is not
liable for any direct, indirect, special or consequential damages arising from or
relating to your acquisition, use, duplication, distribution, or exploitation of the
Specifications, Materials or any portion thereof.
8. Specifications and Materials may be downloaded or copied provided that ALL
copies retain the ownership, copyright and license notices.
9. Materials may not be edited, modified, or presented in a context that creates a
misleading or false impression or statement as to the positions, actions, or
statements of the IPTC.
10. The name and trademarks of the IPTC may not be used in advertising,
publicity, or in relation to products or services and their names without the
specific, written prior permission of the IPTC. Any permitted use of the
trademarks of the IPTC, whether registered or not, shall be accompanied by an
appropriate mark and attribution, as agreed with the IPTC.
11. Specifications may be extended by both members and non-members to provide
additional functionality (Extended Specifications) provided that there is a clear
recognition of the IPTC IP and its ownership in the Extended Specifications and
the related documentation and provided that the extensions are clearly
identified and provided that a perpetual license is granted by the creator of the
Extended Specifications for other members and non-members to use the
Extended Specifications and to continue extensions of the Extended
Specifications. The IPTC does not waive any of its rights in the Specifications
and Materials in this context. The Extended Specifications may be considered
the intellectual property of their creator. The IPTC expressly disclaims any
responsibility for damage caused by an extension to the Specifications.
12. Specifications and Materials may be included in derivative work of both
members and non-members provided that there is a clear recognition of the
IPTC IP and its ownership in the derivative work and its related documentation.
The IPTC does not waive any of its rights in the Specifications and Materials in
this context. Derivative work in its entirety may be considered the intellectual
property of the creator of the work .The IPTC expressly disclaims any
responsibility for damage caused when its IP is used in a derivative context.
13. This Specifications License Agreement is perpetual subject to your conformance
to the terms of this Agreement. The IPTC may terminate this Specifications
License Agreement immediately upon your breach of this Agreement and, upon
such termination you will cease all use, duplication, distribution, and/or
exploitation in any manner of the Specifications and Materials.
14. This Specifications License Agreement reflects the entire agreement of the
parties regarding the subject matter hereof and supersedes all prior
agreements or representations regarding such matters, whether written or oral.
To the extent any portion or provision of this Specifications License Agreement
is found to be illegal or unenforceable, then the remaining provisions of this
Specifications License Agreement will remain in full force and effect and the
illegal or unenforceable provision will be construed to give it such effect as it
may properly have that is consistent with the intentions of the parties.
15. This Specifications License Agreement may only be modified in writing signed
by an authorized representative of the IPTC.
16. This Specifications License Agreement is governed by the law of United
Kingdom, as such law is applied to contracts made and fully performed in the
United Kingdom. Any disputes arising from or relating to this Specifications
License Agreement will be resolved in the courts of the United Kingdom. You
consent to the jurisdiction of such courts over you and covenant not to assert
before such courts any objection to proceeding in such forums.
IF YOU DO NOT AGREE TO THESE TERMS YOU MUST CEASE ALL USE OF THE
SPECIFICATIONS AND MATERIALS NOW.
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT THE
MANAGING DIRECTOR OF THE INTERNATIONAL PRESS TELECOMMUNICATION
COUNCIL.
AS OF THE DATE OF THIS REVISION OF THIS SPECIFICATIONS LICENSE
AGREEMENT YOU MAY CONTACT THE IPTC at http://www.iptc.org.
License agreement version of: 30 January 2006
IrfanView Software License Agreement.
This is a legal agreement between you and IrfanView Software (Irfan Skiljan) covering your use of IrfanView (the "Software").
1) IrfanView is provided as freeware, but only for private, non-commercial use (that means at home).
1a) IrfanView is free for educational use (schools, universities, museums and libraries) and for use in charity or humanitarian organisations.
1b) If you intend to use IrfanView at your place of business or for commercial purposes, please register and purchase it.
Commercial users: please contact me by E-Mail for prices, discounts and payment methods.
1c) If you buy IrfanView license(s), Irfanview hereby grants to you a perpetual, worldwide, fully paid-up, non-exclusive license to use the Software solely for your internal business purposes.
2) IrfanView Software is owned by Irfan Skiljan and is protected by copyright laws
and international treaty provisions. Therefore, you must treat the Software like any other
copyrighted material.
3) You may not distribute, rent, sub-license or otherwise make available to others the Software
or documentation or copies thereof, except as expressly permitted in this License without prior
written consent from IrfanView (Irfan Skiljan). In the case of an authorized transfer, the
transferee must agree to be bound by the terms and conditions of this License Agreement.
4) You may not remove any proprietary notices, labels, trademarks on the Software or
documentation. You may not modify, de-compile, disassemble or reverse engineer the Software.
5) Limited warranty: IrfanView, IrfanView PlugIns and documentation are "as is" without any
warranty as to their performance, merchantability or fitness for any particular purpose.
The licensee assumes the entire risk as to the quality and performance of the software.
In no event shall IrfanView or anyone else who has been involved in the creation, development,
production, or delivery of this software be liable for any direct, incidental or consequential
damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting
from the use of this software, or arising out of any breach of warranty.
Copyright (C) 2016 by Irfan Skiljan, Wiener Neustadt, Austria.
Internet: http://www.irfanview.com, http://www.irfanview.net
Email: irfanview@gmx.net
All rights reserved.
Permission to use, copy, modify, and/or distribute this software for any purpose
with or without fee is hereby granted, provided that the above copyright notice
and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH
REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THIS SOFTWARE.
Software Copyright Licensing Disclaimer
This software module was originally developed by contributors to the
course of the development of ISO/IEC 14496-10 for reference purposes
and its performance may not have been optimized. This software
module is an implementation of one or more tools as specified by
ISO/IEC 14496-10. ISO/IEC gives users free license to this software
module or modifications thereof. Those intending to use this software
module in products are advised that its use may infringe existing
patents. ISO/IEC have no liability for use of this software module
or modifications thereof. The original contributors retain full
rights to modify and use the code for their own purposes, and to
assign or donate the code to third-parties.
This copyright notice must be included in all copies or derivative
works.
Permission to copy in any form is granted for use with
conforming SGML systems and applications as defined in
ISO 8879, provided this notice is included in all copies.
This utility is free for non-commercial (personal) use. Other types of use
should be discussed with the author (a very reasonable person) - see the
contact information section. Author shall not be liable for any damage resulting
from the use of this utility. All rights are reserved.
4. Contact information Problems should be reported to isorecorder@alexfeinman.com
To discuss licensing issues please e-mail to Alex Feinman
This Commercial License Agreement is a binding legal agreement between you and Metafizzy LLC (Metafizzy). By installing, copying, or using Isotope (the Software), you agree to be bound by these terms of this Agreement.
Grant of License
Subject to the payment of the fee required and the conditions herein, you are hereby granted a non-exclusive, non-transferable right to use Isotope (the Software) to design and develop commercial applications (Applications).
DEVELOPER GRANT
The Isotope Commercial Developer License grants 1 license for you as 1 designated user (Developer) to use the Software for the purpose of developing Applications. A Developer is an individual who implements the Software into Applications, most often writing the necessary code to do so. You must purchase another separate license to the Software for each and any additional Developer, or purchase a Isotope Commercial Organization License to cover your organization as a whole.
ORGANIZATION GRANT
The Isotope Commercial Organization License grants 1 license for your Organization as 1 designated, collective user (Organization) to use the Software for the purpose of developing Applications. There is no limit or restriction of the number of Developers within your Organization who may develop Applications using the Software.
USAGE
You are granted the right to use and to modify the source code of the Software for use in Applications. There is no limit or restriction of the number of Applications which use the Software. You own any original work authored by you. Metafizzy continues to retain all copyright and other intellectual property rights in the Software. You are not permitted to move, remove, edit, or obscure any copyright, trademark, attribution, warning or disclaimer notices in the Software.
You may use the Software only to create Applications that are significantly different than and do not compete with the Software. You are granted the license to distribute the Software as part of your Applications on a royalty-free basis. Users of your Applications are permitted to use the Software or your modifications of the Software as part of your Applications. Users do not need to purchase their own commercial license for the Software, so long as they are not acting as Developers, developing their own commercial Applications with the Software.
Warranties and Remedies
The Software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. Metafizzy’s entire liability and your exclusive remedy under this agreement shall be return of the price paid for the Software.
Intel Simplified Software License (Version April 2018)
Copyright (c) 2018 Intel Corporation.
Use and Redistribution. You may use and redistribute the software (the “Software”), without modification, provided the following conditions are met:
* Redistributions must reproduce the above copyright notice and the following terms of use in the Software and in the documentation and/or other materials provided with the distribution.
* Neither the name of Intel nor the names of its suppliers may be used to endorse or promote products derived from this Software without specific prior written permission.
* No reverse engineering, decompilation, or disassembly of this Software is permitted.
Limited patent license. Intel grants you a world-wide, royalty-free, non-exclusive license under patents it now or hereafter owns or controls to make, have made, use, import, offer to sell and sell (“Utilize”) this Software, but solely to the extent that any such patent is necessary to Utilize the Software alone. The patent license shall not apply to any combinations which include this software. No hardware per se is licensed hereunder.
Third party and other Intel programs. “Third Party Programs” are the files listed in the “third-party-programs.txt” text file that is included with the Software and may include Intel programs under separate license terms. Third Party Programs, even if included with the distribution of the Materials, are governed by separate license terms and those license terms solely govern your use of those programs.
DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. THIS SOFTWARE IS NOT INTENDED FOR USE IN SYSTEMS OR APPLICATIONS WHERE FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND ATTORNEYS’ FEES ARISING OUT OF ANY SUCH USE, EVEN IF ANY CLAIM ALLEGES THAT INTEL WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATERIALS.
LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO INDEMNIFY AND HOLD INTEL HARMLESS AGAINST ANY CLAIMS AND EXPENSES RESULTING FROM YOUR USE OR UNAUTHORIZED USE OF THE SOFTWARE.
No support. Intel may make changes to the Software, at any time without notice, and is not obligated to support, update or provide training for the Software.
Termination. Intel may terminate your right to use the Software in the event of your breach of this Agreement and you fail to cure the breach within a reasonable period of time.
Feedback. Should you provide Intel with comments, modifications, corrections, enhancements or other input (“Feedback”) related to the Software Intel will be free to use, disclose, reproduce, license or otherwise distribute or exploit the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.
Compliance with laws. You agree to comply with all relevant laws and regulations governing your use, transfer, import or export (or prohibition thereof) of the Software.
Governing law. All disputes will be governed by the laws of the United States of America and the State of Delaware without reference to conflict of law principles and subject to the exclusive jurisdiction of the state or federal courts sitting in the State of Delaware, and each party agrees that it submits to the personal jurisdiction and venue of those courts and waives any objections. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded and will not apply to the Software.
*Other names and brands may be claimed as the property of others.
Intel Simplified Software License (Version October 2022)
Use and Redistribution. You may use and redistribute the software, which is provided in binary form only, (the “Software”), without modification, provided the following conditions are met:
Redistributions must reproduce the above copyright notice and these terms of use in the Software and in the documentation and/or other materials provided with the distribution.
Neither the name of Intel nor the names of its suppliers may be used to endorse or promote products derived from this Software without specific prior written permission.
No reverse engineering, decompilation, or disassembly of the Software is permitted, nor any modification or alteration of the Software or its operation at any time, including during execution.
No other licenses. Except as provided in the preceding section, Intel grants no licenses or other rights by implication, estoppel or otherwise to, patent, copyright, trademark, trade name, service mark or other intellectual property licenses or rights of Intel.
Third party software. “Third Party Software” means the files (if any) listed in the “third-party-software.txt” or other similarly-named text file that may be included with the Software. Third Party Software, even if included with the distribution of the Software, may be governed by separate license terms, including without limitation, third party license terms, open source software notices and terms, and/or other Intel software license terms. These separate license terms solely govern Your use of the Third Party Software.
DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. THIS SOFTWARE IS NOT INTENDED FOR USE IN SYSTEMS OR APPLICATIONS WHERE FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND ATTORNEYS’ FEES ARISING OUT OF ANY SUCH USE, EVEN IF ANY CLAIM ALLEGES THAT INTEL WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE.
LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No support. Intel may make changes to the Software, at any time without notice, and is not obligated to support, update or provide training for the Software.
Termination. Your right to use the Software is terminated in the event of your breach of this license.
Feedback. Should you provide Intel with comments, modifications, corrections, enhancements or other input (“Feedback”) related to the Software, Intel will be free to use, disclose, reproduce, license or otherwise distribute or exploit the Feedback in its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.
Compliance with laws. You agree to comply with all relevant laws and regulations governing your use, transfer, import or export (or prohibition thereof) of the Software.
Governing law. All disputes will be governed by the laws of the United States of America and the State of Delaware without reference to conflict of law principles and subject to the exclusive jurisdiction of the state or federal courts sitting in the State of Delaware, and each party agrees that it submits to the personal jurisdiction and venue of those courts and waives any objections. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) IS SPECIFICALLY EXCLUDED AND WILL NOT APPLY TO THE SOFTWARE.
This Agreement constitutes the complete agreement between you and International Typeface Corporation (ITC) (except for multi-CPU licenses, where another document supplements this one and outlines and confirms the scope of the your upgraded license). If you do not agree to the terms stated in this Agreement, you may obtain a full refund by contacting ITC at the address below within 15 days with your proof of payment.
International Typeface Corporation
Department: DRL
228 East 45th Street / 12th Floor
New York, New York 10017 USA
Email: info@itcfonts.com
THE SOFTWARE. The digital file downloaded to your computer contains Software that is the property of ITC. "Software" includes computer programs and the digitally encoded, machine readable, scalable outline font data as encoded in a special format. This Agreement grants you certain rights to use the Software and is not an agreement for sale of the Software or any portion or copy of it.
GRANT OF LICENSE. In return for the license fee that you have paid, ITC grants you a non-exclusive license to install and use the Software on up to five CPUs at a single location. These CPUs can be connected to, and the Software used with, any number of output devices, such as a laser printer, ink jet printer, an imagesetter or a film recorder, but the Software may only be downloaded to the non-volatile memory, such as a hard disk, of one output device. If you need to download the Software to more than one output device or install it on more than five CPUs, you are required to acquire additional licenses from ITC.
OTHER RIGHTS. Except for your right to use the Software granted by this license, all other rights, title and interest in the Software and related trademarks and trade names are owned and retained by ITC . You agree to establish reasonable procedures regulating access to and use of the Software and use of the related trademarks and trade names in accordance with the laws of the United States and this Agreement.
OTHER RESTRICTION. You may not duplicate or copy the Software except as needed to use it as described above. You may not modify, adapt, translate, reverse engineer, decompile or disassemble the Software. You agree not to ship, export, or transfer the Software into any country or to use the Software in any manner prohibited by the United States Export Administration Act. The trademarks and trade names of ITC can only be used to identify printed output produced by the Software. You agree not to remove and trademark or copyright notices from the output produced by the Software.
ASSIGNMENT. You are not authorized to sublicense, sell, or lease the Software, but you may permanently transfer your rights under this Agreement to a third party; provided that (i) you transfer your copy of this Agreement, the Software, and all original documentation to the third party, (ii) you destroy all of your copies of the Software and accompanying documentation, and (iii) the third party agrees in writing to be bound by the terms of this Agreement.
SERVICE BUREAUS. You are authorized to provide a copy of the Software to a service bureau only if they provide you with written assurance that they already own a valid license from ITC to use the Software. Any copies of the Software transferred to a service bureau under this condition must contain the proprietary notices of ITC contained in the Software.
TERMINATION. This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. If this Agreement is terminated, you agreed to destroy all copies of the Software and documentation in your possession.
LIMITED WARRANTY. For a period of 90 days after delivery, ITC warrants that the Software will perform in accordance with the specifications published by ITC. ITC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE SPECIFICALLY EXCLUDED. ITC DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM ALL ERRORS AND OMISSIONS. If you require or desire greater protection or rights, you may notify ITC and make additional payments for this purpose in amounts to be discussed with ITC.
LIMITATION OF LIABILITY. Your exclusive remedy and the sole liability of ITC in connection with the Software is repair or replacement of defective parts. ITC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE THAT YOU PAID FOR THE LICENSE. IN NO EVENT WILL ITC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, OR LOST DATA, OR ANY DAMAGES CAUSED BY THE ABUSE OR MISAPPLICATION OF THE SOFTWARE.
GENERAL. This Agreement will be governed by the law of New York. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
ITU-T SOFTWARE TOOLS' GENERAL PUBLIC LICENSE
===
This "General Public License" is published in the Annex 1 of the ITU-T Recommendation on "SOFTWARE TOOLS FOR HOMOGENITY OF RESULTS IN THE STANDARDIZATION PROCESS OF SPEECH AND AUDIO CODERS", approved in Geneva, 2000.
TERMS AND CONDITIONS
1. This License Agreement applies to any module or other work related to the ITU-T Software Tool Library, and developed by the User's Group on Software Tools. The "Module", below, refers to any such module or work, and a "work based on the Module" means either the Module or any work containing the Module or a portion of it, either verbatim or with modifications.
Each licensee is addressed as "you".
2. You may copy and distribute verbatim copies of the Module's
source code as you receive it, in any medium, provided that you:
- conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty;
-keep intact all the notices that refer to this General Public License and to the absence of any warranty; and
-give any other recipients of the Module a copy of this General Public License along with the Module.
You may charge a fee for the physical act of transferring a copy.
3. You may modify your copy or copies of the Module or any portion of it, and copy and distribute such modifications under the terms of Paragraph 1 above, provided that you also do the following:
- cause the modified files to carry prominent notices stating that you changed the files and the date of any change; and
- cause the whole of any work that you distribute or publish, that in whole or in part contains the Module or any part thereof, either with or without modifications, to be licensed at no charge to all third parties under the terms of this General Public License (except that you may choose to grant warranty protection to some or all third parties, at your option).
- If the modified module normally reads commands interactively when run, you must cause it, when started running for such interactive use in the simplest and most usual way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the module under these conditions, and telling the user how to view a copy of this General Public License.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
Mere aggregation of another independent work with the Module (or its derivative) on a volume of a storage or distribution medium does not bring the other work under the scope of these terms.
4.You may copy and distribute the Module (or a portion or derivative of it, under Paragraph 2) in object code or executable form under the terms of Paragraphs 1 and 2 above provided that you also do one of the following:
- accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Paragraphs 1 and 2 above; or,
- accompany it with a written offer, valid for at least three years, to give any third party free (except for a nominal charge for the cost of distribution) a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Paragraphs 1 and 2 above; or,
- accompany it with the information you received as to where the corresponding source code may be obtained.
(This alternative is allowed only for noncommercial distribution and only if you received the module in object code or executable form alone.)
Source code for a work means the preferred form of the work for making modifications to it.
For an executable file, complete source code means all the source code for all modules it contains;
but, as a special exception, it need not include source code for modules which are standard libraries that accompany the operating system on which the executable file runs, or for standard header files or definitions files that accompany that operating system.
5. You may not copy, modify, sublicense, distribute or transfer the Module except as expressly provided under this General Public License.
Any attempt otherwise to copy, modify, sublicense, distribute or transfer the Module is void, and will automatically terminate your rights to use the Module under this License.
However, parties who have received copies, or rights to use copies, from you under this General Public License will not have their licenses terminated so long as such parties remain in full compliance.
6. By copying, distributing or modifying the Module (or any work based on the Module) you indicate your acceptance of this license to do so, and all its terms and conditions.
7. Each time you redistribute the Module (or any work based on the Module), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Module subject to these terms and conditions.
You may not impose any further restrictions on the recipients' exercise of the rights granted herein.
8. The ITU-T may publish revised and/or new versions of this General Public License from time to time.
Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number.
If the Module specifies a version number of the license which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the ITU-T.
If the Module does not specify a version number of the license, you may choose any version ever published by the ITU-T.
9. If you wish to incorporate parts of the Module into other free modules whose distribution conditions are different, write to the author to ask for permission.
For software which is copyrighted by the ITU-T, write to the ITU-T Secretariat; exceptions may be made for this.
This decision will be guided by the two goals of preserving the free status of all derivatives of this free software
and of promoting the sharing and reuse of software generally.
NO WARRANTY
10. BECAUSE THE MODULE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE MODULE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE MODULE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MODULE IS WITH YOU.SHOULD THE MODULE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
11. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE MODULE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MODULE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE MODULE TO OPERATE WITH ANY OTHER MODULES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Software(1) License Agreement
ITU hereby grants you a worldwide, non-exclusive, free license to reproduce, modify, and use the Software for the limited purpose of implementing an ITU-T Recommendation.
You may not rent, lease, sell, sublicense, assign or otherwise transfer the Software to third parties, except as specifically provided herein. This limitation includes, but is not limited to, placing this Software at the disposal of third parties, such as by placing it on an external network. Your use of this Software indicates your acceptance of these terms and conditions.
ITU draws attention to the possibility that the practice or implementation of an ITU-T Recommendation may involve the use of a claimed Intellectual Property Right. ITU takes no position concerning the evidence, validity or applicability of claimed Intellectual Property Rights, whether asserted by ITU members or others outside of the Recommendation development process. However, implementors are strongly urged to consult the TSB patent database (http://www.itu.int/ipr) to discover if ITU has received notice of intellectual property, protected by patents, which may be required to implement a Recommendation.
Disclaimer: In no event shall the ITU be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other pecuniary loss) arising out of or related to the use of or inability to use the accompanying Software. The ITU disclaims all warranties, express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
_
(1)In the context of this Software License Agreement the term "Software" includes source code, object code and/or data, there including audiovisual materials.
COPYRIGHT AND WARRANTY INFORMATION Copyright , International Telecommunications Union, Geneva
DISCLAIMER OF WARRANTY
These software programs are available to the user without any license fee or royalty on an "as is" basis. The ITU disclaims any and all warranties, whether express, implied, or statutory, including any implied warranties of merchantability or of fitness for a particular purpose. In no event shall the contributor or the ITU be liable for any incidental, punitive, or consequential damages of any kind whatsoever arising from the use of these programs.
This disclaimer of warranty extends to the user of these programs and user's customers, employees, agents, transferees, successors, and assigns.
The ITU does not represent or warrant that the programs furnished hereunder are free of infringement of any third-party patents. Commercial implementations of ITU-T Recommendations, including shareware, may be subject to royalty fees to patent holders. Information regarding the ITU-T patent policy is available from the ITU Web site at http://www.itu.int.
THIS IS NOT A GRANT OF PATENT RIGHTS - SEE THE ITU-T PATENT POLICY.
ENGLISH
APPLE INC.
SOFTWARE LICENSE AGREEMENT FOR iTUNES
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This software may also be used for remote access to music files for listening between computers. Remote access of copyrighted music is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions. This License allows you to install and use the Apple Software. The Apple Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software and to verify compliance with the terms of this License. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. iTunes Store and other Services. This software enables access to Apple's iTunes Store which offers downloads of music for sale and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.
By using this software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms of Service, which you may access and review from the home page of the iTunes Store.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy.
Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that Apple is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you.
You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.
7. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple's option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
8. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
11. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Apple's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
14. Third Party Software and Service Terms and Conditions.
A. Gracenote CDDB Terms of Use. This application contains software from Gracenote, Inc. of Berkeley, California ("Gracenote"). The software from Gracenote (the "Gracenote CDDB Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote CDDB Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this application software.
You agree that you will use Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote CDDB Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CDDB CLIENT, OR GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote CDDB Client, and Gracenote CDDB Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote CDDB Client, and the Gracenote CDDB Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that CDDB, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote CDDB Service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote CDDB service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote CDDB Service.
The Gracenote CDDB Client and each item of Gracenote Data are licensed to you "AS IS". Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote CDDB Servers. Gracenote reserves the right to delete data from the Gracenote CDDB Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote CDDB Client or Gracenote CDDB Servers are error-free or that functioning of Gracenote CDDB Client or Gracenote CDDB Servers will be uninterrupted. Gracenote is not obligated to provide you with any new enhanced or additional data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Gracenote does not warrant the results that will be obtained by your use of the Gracenote CDDB Client or any Gracenote CDDB Server. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
B. Kerbango Tuning Service Terms and Conditions.
Terms of Service. By using 3Com Corporation's ("3Com") Kerbango tuning service, ("Kerbango Tuning Service") you agree to be bound by the following terms and conditions (the "TOS"):
3Com Links. The sites displayed as search results or linked to by the Kerbango Tuning Service are owned and operated by individuals and/or companies over whom 3Com exercises no control. 3Com assumes no responsibility for the content of any site included in any search results or otherwise linked to by the Kerbango Tuning Service.
Personal Use Only. The Kerbango Tuning Service is made available for your personal, non-commercial use only. Use of the Kerbango Tuning Service to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a Kerbango search and reformat and display them, or mirror the 3Com's Kerbango home page or results pages on your Web site, or send automated queries to Kerbango's system without express permission from 3Com.
If you wish to make commercial use of the Kerbango Tuning Service you must enter into an agreement with 3Com to do so. Please contact sales@kerbango.com for more information.
Changes In Terms and Conditions and Kerbango Tuning Service. 3Com may modify or terminate its services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. 3Com reserves the right to modify the TOS from time to time without notice.
Disclaimer of Warranties. 3Com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Kerbango Tuning Service results. 3Com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. 3Com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Kerbango Tuning Service.
THE KERBANGO TUNING SERVICE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. 3COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KERBANGO TUNING SERVICE. 3COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KERBANGO TUNING SERVICE. 3COM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KERBANGO TUNING SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KERBANGO TUNING SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL 3COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE KERBANGO TUNING SERVICE ARISING FROM ANY CLAIM RELATING TO THIS LICENSE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF 3COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE KERBANGO TUNING SERVICE, FROM INABILITY TO USE THE KERBANGO TUNING SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE KERBANGO TUNING SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE KERBANGO TUNING SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE KERBANGO TUNING SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall 3Com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions. These TOS will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.
These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if in writing and signed by 3Com.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by the JA-SIG Collaborative
(http://www.ja-sig.org/)."
This software is provided by the JA-SIG collaborative "as is" and any expressed
or implied warranties, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose are disclaimed. In no event
shall the JA-SIG collaborative or its contributors be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages (including,
but not limited to, procurement of substitute goods or services; loss of use,
data, or profits; or business interruption) however caused and on any theory of
liability, whether in contract, strict liability, or tort (including negligence
or otherwise) arising in any way out of the use of this software, even if
advised of the possibility of such damage.
***** Jahia Collaborative Source License *****
* Recitals
JAHIA COLLABORATVE SOURCE LICENSE
Version 1.3.1
(Rev. Date May 17, 2004)
RECITALS
Original Contributor has developed Specifications and Source Code
implementations of certain Technology; and
Original Contributor desires to license the Technology to a large
community to facilitate research, innovation and product development
while maintaining compatibility of such products with the Technology as
delivered by Original Contributor; and
You desire to license the Technology from Original Contributor on the
terms and conditions specified in this License.
In consideration of the mutual covenants contained herein, You and
Original Contributor agree as follows:
***** Research and Development Use *****
1. Introduction. The JAHIA Collaborative Source License and effective
attachments ("License") may include three distinct licenses: 1) Research
and Development Use, 2) Internal Deployment Use, 3) Contribution
Agreement. The Research and Development Use license is effective when You
execute this License. You have agreed to the terms of the JCSL by
selecting the "Accept" button at the end of the JCSL or executing a
hardcopy JCSL with Original Contributor.
The Internal Deployment Use (Attachment C) and the Contribution Agreement
(Attachment D) must be signed by You and Original Contributor in order to
become effective. Once effective, these licenses and the associated
requirements and responsibilities are cumulative. Capitalized terms used
in this License are defined in the Glossary.
2. License Grants.
2.1. Original Contributor Grant. Subject to Your compliance with Sections
3, 8.10 and Attachment A of this License, Original Contributor grants to
You a worldwide, royalty-free, non-exclusive license, to the extent of
Original Contributor's Intellectual Property Rights covering the Original
Code, Upgraded Code and Specifications, to do the following:
a) Research and Development Use License:
(i) use, reproduce and modify the Original Code, Upgraded Code and
Specifications to create Modifications and Reformatted Specifications for
Research and Development Use by You,
(ii) publish and display Original Code, Upgraded Code and Specifications
with, or as part of Modifications, as permitted under Section 3.1 b)
below,
(iii) reproduce and distribute copies of Original Code and Upgraded Code
with, or as part of Modifications, to other Licensees and students for
Research and Development Use by You,
(iv) compile, reproduce and distribute Original Code and Upgraded Code
with, or as part of Modifications, in Executable form, and Reformatted
Specifications to anyone for Research and Development Use by You.
b) Other than the licenses expressly granted in this License, Original
Contributor retains all right, title, and interest in Original Code and
Upgraded Code and Specifications.
2.2. Your Grants.
a) To Other Licensees. You hereby grant to each Licensee a license to
Your Error Corrections and Shared Modifications, of the same scope and
extent as Original Contributor's licenses under Section 2.1 a) above
relative to Research and Development Use, Attachment C relative to
Internal Deployment Use, and Attachment D relative to Contribution in
kind.
b) To Original Contributor. You hereby grant to Original Contributor a
worldwide, royalty-free, non-exclusive, perpetual and irrevocable
license, to the extent of Your Intellectual Property Rights covering Your
Error Corrections, Shared Modifications and Reformatted Specifications,
to use, reproduce, modify, display and distribute Your Error Corrections,
Shared Modifications and Reformatted Specifications, in any form,
including the right to sublicense such rights through multiple tiers of
distribution.
c) Other than the licenses expressly granted in Sections 2.2 a) and b)
above, and the restriction set forth in Section 3.1 d) (iv) below, You
retain all right, title, and interest in Your Error Corrections, Shared
Modifications and Reformatted Specifications.
2.3. Contributor Modifications. You may use, reproduce, modify, display
and distribute Contributor Error Corrections, Shared Modifications and
Reformatted Specifications, obtained by You under this License, to the
same scope and extent as with Original Code, Upgraded Code and
Specifications.
2.4. Subcontracting Error Corrections or Shared Modifications. You may
deliver the Source Code of Community Code to other Licensees having at
least a Research and Development Use license, for the purpose of
furnishing development services to You in connection with Your rights
granted in this License. All such Licensees must execute appropriate
documents with respect to such work consistent with the terms of this
License, and acknowledging their work-made-for-hire status or assigning
exclusive right to the work product and associated Intellectual Property
Rights to You.
3. Requirements and Responsibilities.
3.1. Research and Development Use License. As a condition of exercising
the rights granted under Section 2.1 a) above, You agree to comply with
the following:
a) Your Contribution to the Community. All Error Corrections and Shared
Modifications which You create or contribute to are automatically subject
to the licenses granted under Section 2.2 above. You are encouraged to
license all of Your other Modifications under Section 2.2 as Shared
Modifications, but are not required to do so. You agree to notify
Original Contributor of any errors in the Specification.
b) Source Code Availability. You agree to provide all Your Error
Corrections to Original Contributor as soon as reasonably practicable
and, in any event, prior to Internal Deployment Use or Commercial Use, if
applicable. Original Contributor may, at its discretion, post Source Code
for Your Error Corrections and Shared Modifications on the Community Web
Server. You may also post Error Corrections and Shared Modifications on a
web-server of Your choice; provided, that You inform the Original
Contributor and that You must take reasonable precautions to ensure that
only Licensees have access to such Error Corrections and Shared
Modifications. Such precautions shall include, without limitation and at
least, a click-on, download certification of Licensee status required of
those attempting to download from the server. An example of an acceptable
certification is attached as Attachment A-2.
c) Notices. All Error Corrections and Shared Modifications You create or
contribute to must include a file documenting the additions and changes
You made and the date of such additions and changes. If it is not
possible to put the notice in a particular Source Code file due to its
structure, then You must include the notice in a location (such as a
relevant directory file), where a recipient would be most likely to look
for such a notice.
d) Redistribution.
(i) Community Code. Community Code may be distributed in Source Code or
Executable form to anybody that accepts the JCSL License conditions and
becomes a licensee. You may not offer or impose any terms on any
Community Code that alter the rights, requirements, or responsibilities
of such Licensee.
(ii) Community Code Compatibility. All Community Code must be Compliant
Community Code prior to any Redistribution, whether originating from You
or acquired from a third party. So if You plan to make any further Shared
Modifications to any Community Code previously determined to be Compliant
Community Code, you must ensure that it continues to be Compliant
Community Code.
(iii) Derivative Work. If You make any non shared Modifications to any
Community Code without contributing them as Shared Modifications, You
must clearly indicate that your distribution is a modified version of the
official Community Code and must clearly remind to your Licensees that
they also have to accept the JCSL License conditions on your Derivative
Work.
(iv) Modified Executable. You may distribute Executable version(s) of a
Derivative Work to Licensees and other third parties only for the purpose
of evaluation and comment in connection with Research and Development Use
by You. You must ensure that the Executable distribution based on a
Derivative Work carries a different mark than the JAHIA Trademarks. You
may distribute a Derivative Work under a license of Your choice, which
may contain terms different from this License, provided (a) that You are
in compliance with the terms of this License, and (b) You must make it
absolutely clear that any terms which differ from this License are
offered by You alone, not by Original Contributor or any other
Contributor. Any other type of use must be subject to the execution of a
complementary license agreement by You and Original Contributor.
(v) Modified Class, Interface and Package Naming. In connection with
Research and Development Use by You only, You may use Original
Contributor's class, interface and package names only to accurately
reference or invoke the Source Code files You modify. Original
Contributor grants to You a limited license to the extent necessary for
such purposes.
(vi) Copyrights and other Attribution Notices. You must retain, in the
Source form of any Derivative Works that You distribute, all copyright,
patent, trademark, and attribution notices from Community Code, excluding
those notices that do not pertain to any part of the Derivative Works.
You may add Your own copyright statement to Your Modifications.
(vii) You expressly agree that any distribution, in whole or in part, of
Modifications developed by You shall only be done pursuant to the terms
and conditions of this License.
e) Extensions.
(i) Community Code. You may not include any Source Code of Community Code
in any Extensions without the prior consent of the Original Contributor;
(ii) Open. You agree to refrain from enforcing any Intellectual Property
Rights You may have covering any interface(s) of Your Extension, which
would prevent the implementation of such interface(s) by Original
Contributor or any Licensee. This obligation does not prevent You from
enforcing any Intellectual Property Right You have that would otherwise
be infringed by an implementation of Your Extension.
(iii) Class, Interface and Package Naming. You may not add any packages,
or any public or protected classes or interfaces with names that
originate or might appear to originate from Original Contributor
including, without limitation, package or class names which begin with
"com.jahia", org.jahia or its equivalents in any subsequent class,
interface and/ or package naming convention adopted by Original
Contributor. It is specifically suggested that You name any new packages
using the "Unique Package Naming Convention" as described in "The Java
Language Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN
0-201-63451-1, August 1996. Section 7.7 "Unique Package Names", on page
125 of this specification which states, in part:
"You form a unique package name by first having (or belonging to an
organization that has) an Internet domain name, such as "sun.com". You
then reverse the name, component by component, to obtain, in this
example, "com.sun", and use this as a prefix for Your package names,
using a convention developed within Your organization to further
administer package names."
3.2. Additional Requirements and Responsibilities. Any additional
requirements and responsibilities relating to the Technology are listed
in Attachment F (Additional Requirements and Responsibilities), if
applicable only, and are hereby incorporated into this Section 3.
4. Versions of the License.
4.1. License Versions. Original Contributor may publish revised versions
of the License from time to time. Each version will be given a
distinguishing version number.
4.2. Effect. Once a particular version of Community Code has been
provided under a version of the License, You may always continue to use
such Community Code under the terms of that version of the License. You
may also choose to use such Community Code under the terms of any
subsequent version of the License. No one other than Original Contributor
has the right to promulgate License versions.
4.3. Conditional Open Sourcing : If Original Contributor decides to stop
supporting a collaborative source compliant license policy as defined by
the Collaborative Source Initiative (www.collaborativesource.org), goes
bankrupt or does not want to adjust this license consequently, Original
Contributor shall release the last version available under a
collaborative source license under an open source license of his choice
as defined by the Open Source Initiative (www.opensource.org).
5. Disclaimer of Warranty.
5.1. COMMUNITY CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COMMUNITY CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE
TO BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF
COMMUNITY CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COMMUNITY
CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
5.2. You acknowledge that Original Code, Upgraded Code and Specifications
are not designed or intended for use in (i) on-line control of aircraft,
air traffic, aircraft navigation or aircraft communications; or (ii) in
the design, construction, operation or maintenance of any nuclear
facility. Original Contributor disclaims any express or implied warranty
of fitness for such uses.
6. Termination.
6.1. By You. You may terminate this Research and Development Use license
at any time.
6.2. By Original Contributor. This License and the rights granted
hereunder will terminate:
(i) automatically if You fail to comply with the terms of this License
and fail to cure such breach within 30 days of receipt of written notice
of the breach;
(ii) immediately in the event of circumstances specified in Sections 7.1
or 8.4; or
(iii) at Original Contributor's discretion upon any action initiated in
the first instance by You alleging that use or distribution by Original
Contributor or any Licensee, of Original Code, Upgraded Code, Error
Corrections or Shared Modifications contributed by You, or
Specifications, infringe a patent owned or controlled by You.
6.3. Effect of Termination. Upon termination, You agree to discontinue
use and return or destroy all copies of Community Code in your
possession. All sublicenses to the Community Code which you have properly
granted shall survive any termination of this License. Provisions which,
by their nature, should remain in effect beyond the termination of this
License shall survive including, without limitation, Sections 2.2, 3, 5,
7 and 8.
6.4. Each party waives and releases the other from any claim to
compensation or indemnity for permitted or lawful termination of the
business relationship established by this License.
7. Liability.
7.1. Infringement. Should any of the Original Code, Upgraded Code or
Specifications ("Materials") become the subject of a claim of
infringement, Original Contributor may, at its sole option, (i) attempt
to procure the rights necessary for You to continue using the Materials,
(ii) modify the Materials so that they are no longer infringing, or (iii)
terminate Your right to use the infringing code, immediately upon written
notice, while retaining your rights to continue using the Materials that
are not the subject of a claim of infringement.
7.2. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE
LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS
LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED
PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR
ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO EVENT WILL YOU (RELATIVE
TO YOUR SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL
CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE
(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER
ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY,
WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
8. Miscellaneous.
8.1. Trademark. You agree to comply with the then current JAHIA Trademark
& logo usage requirements accessible through the Jahia Web Server. Except
as expressly provided in the License, You are granted no right, title or
license to, or interest in, any JAHIA Trademarks. You agree not to (i)
challenge Original Contributor's ownership or use of JAHIA Trademarks;
(ii) attempt to register any JAHIA Trademarks, or any mark or logo
substantially similar thereto; or (iii) incorporate any JAHIA Trademarks
into your own trademarks, product names, service marks, company names, or
domain names.
8.2. Integration. This License represents the complete agreement
concerning the subject matter hereof.
8.3. Assignment. Original Contributor may assign this License, and its
rights and obligations hereunder, in its sole discretion. You may assign
the Research and Development Use portions of this License to a third
party. You may not assign the Internal Deployment Use or Commercial Use
license, including by way of merger (regardless of whether You are the
surviving entity) or acquisition, without Original Contributor's prior
written consent.
8.4. Severability. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Notwithstanding the foregoing, if You
are prohibited by law from fully and specifically complying with Sections
2.2 or 3, this License will immediately terminate and You must
immediately discontinue any use of Community Code.
8.5. Governing Law. This License shall be exclusively governed by the
laws of Switzerland. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
8.6. Dispute Resolution. All disputes arising out of or in connection
with the present License, including disputes on its conclusion, binding
effect, amendment and termination shall be resolved, to the exclusion of
the ordinary courts by a single Arbitrator in accordance with the
International Arbitration Rules of the Geneva Chamber of Commerce. The
decision of the Arbitrator shall be final, and the parties waive all
challenge of the award in accordance with art. 192 of the Swiss Private
International Law Statute.
8.7. Construction. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply to
this License.
8.8. U.S. Government End Users. The Community Code is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of "commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Community
Code with only those rights set forth herein. You agree to pass this
notice to Your licensees.
8.9. Press Announcements. All press announcements relative to the
execution of this License must be reviewed and approved by Original
Contributor and You prior to release.
8.10. International Use.
a) Export/Import Laws. Community Code is subject to Swiss export control
laws and may be subject to export or import regulations in other
countries. Each party agrees to comply strictly with all such laws and
regulations and acknowledges their responsibility to obtain such licenses
to export, re-export, or import as may be required. You agree to pass
these obligations to Your licensees.
b) Intellectual Property Protection. Due to limited intellectual property
protection and enforcement in certain countries, You agree not to
redistribute the Original Code, Upgraded Code, and Specifications to any
country other than the list of restricted countries on the JCSL Web
Server.
8.11. Language. This License is in the English language only, which
language shall be controlling in all respects, and all versions of this
License in any other language shall be for accommodation only and shall
not be binding on the parties to this License. All communications and
notices made or given pursuant to this License, and all documentation and
support to be provided, unless otherwise noted, shall be in the English
language.
GLOSSARY
1. "Commercial Use" means any use of a Derivative Work by You to any
third party, alone or bundled with any other software or hardware, for
direct or indirect commercial or strategic gain or advantage, is subject
to execution of a purchase or reselling agreement by You and Original
Contributor.
2. "Community Code" means the Original Code, Upgraded Code, Error
Corrections, Shared Modifications, or any combination thereof.
3. "Community Web Server(s)" means the web server(s) designated by
Original Contributor for posting Error Corrections and Shared
Modifications and/or accessing documentation.
4. "Compliant Community Code" means Shared Modifications that have been
submitted to Original Contributor for review and have been accepted as
valid and correct Community Code.
5. "Contributor" means each Licensee that creates or contributes to the
creation of any Error Correction or Shared Modification.
6. "Derivative Work" means any work, whether in Source or Object form,
that is based on (or derived from) Community Code and for which the
editorial revisions, annotations, elaborations, or other Modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Community Code and Derivative Works thereof.
7. "Error Correction" means any change made to Community Code which
conforms to the Specification and corrects the adverse effect of a
failure of Community Code to perform any function set forth in or
required by the Specifications.
8. "Executable" means the Original Code, Upgraded Code, Modifications, or
any combination thereof that has been converted to a form other than
Source Code.
9. "Extension(s)" means any additional classes or other programming code
and/or interfaces developed by or for You which: (i) are designed for use
with the Technology; (ii) constitute an API for a library of computing
functions or services; and (iii) are disclosed to third party software
developers for the purpose of developing software which invokes such
additional classes or other programming code and/or interfaces. The
foregoing shall not apply to software development by Your subcontractors
to be exclusively used by You.
10. "Intellectual Property Rights" means worldwide statutory and common
law rights associated solely with (i) patents and patent applications;
(ii) works of authorship including copyrights, copyright applications,
copyright registrations and "moral rights"; (iii) the protection of trade
and industrial secrets and confidential information; ; (iv) trademarks,
trade names, service marks and logos (whether the same is registered or
unregistered), and (v) divisions, continuations, renewals, and re-
issuances of the foregoing now existing or acquired in the future.
11. "Internal Deployment Use" means use of the Original Code, Upgraded
Code, Modifications, or any combination thereof (excluding Research and
Development Use) within Your business or organization only by Your
employees and/or agents, subject to execution of Attachment C by You and
Original Contributor, if required.
12. "Licensee" means any party that has entered into and has in effect a
version of this License with Original Contributor.
13. "Modification(s)" means (i) any change to Community Code; (ii) any
new file or other representation of computer program statements that
contains any portion of Community Code; and/or (iii) any new Source Code
implementing any portion of the Specifications.
14. "Original Code" means the initial Source Code for the Technology as
described on the Technology Download Site.
15. "Original Contributor" means Jahia Ltd., 45, rue de la Gare, 1260
Nyon, Switzerland.
16. "Reformatted Specifications" means any revision to the Specifications
which translates or reformats the Specifications (as for example in
connection with Your documentation) but which does not alter, subset or
superset the functional or operational aspects of the Specifications.
17. "Research and Development Use" means use and distribution of the
Original Code, Upgraded Code, Modifications, or any combination thereof
only for Your research, development, educational or personal and
individual use, and expressly excludes Internal Deployment Use and
Commercial Use.
18. "JCSL Webpage" means the JAHIA Collaborative Source license webpage
located at http://www.jahia.org/ or such other URL that Original
Contributor may designate from time to time.
19. "Shared Modifications" means Modifications provided by You, at Your
option, pursuant to Section 2.2, or received by You from a Contributor
pursuant to Section 2.3.
20. "Source Code" means computer program statements written in any high-
level, readable form suitable for modification and development.
21. "Specifications" means the specifications for the Technology and
other documentation, as designated on the Jahia WebServer, as may be
revised by Original Contributor and other Contributors from time to time.
22. "JAHIA Trademarks" means Original Contributor's JAHIA trademarks and
logos, whether now used or adopted in the future.
23. "Technology" means the technology described in Attachment B, and
Upgrades.
24. "Technology Download Site" means the site(s) designated by Original
Contributor for access to the Original Code, Upgraded Code and
Specifications.
25. "Upgrade(s)" means new versions of Technology designated exclusively
by Original Contributor as an "Upgrade" and released by Original
Contributor from time to time.
26. "Upgraded Code" means the Source Code for Upgrades, possibly
including Error Corrections and Shared Modifications made by
Contributors.
27. "You(r)" means an individual, or a legal entity acting by and through
an individual or individuals, exercising rights either under this License
or under a future version of this License issued pursuant to Section 4.1.
For legal entities, "You(r)" includes any entity that by majority voting
interest controls, is controlled by, or is under common control with You.
Jam STAPL Software License
SOFTWARE DISTRIBUTION AGREEMENT
THE JAM SOFTWARE PROGRAM AND EXECUTABLE FILES, AND RELATED SPECIFICATION DOCUMENTATION ("PROGRAMS") (AVAILABLE FOR DOWNLOADING FROM THIS WEB SITE OR ENCLOSED WITH THE COMPUTER DISK ACCOMPANYING THIS NOTICE), ARE MADE FREELY AVAILABLE FOR USE BY ANYONE, SUBJECT TO CERTAIN TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE PROGRAMS. BY DOWNLOADING OR USING THE PROGRAMS YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH CONSTITUTE THE LICENSE AGREEMENT (the "AGREEMENT") BETWEEN YOU AND ALTERA CORPORATION ("ALTERA") WITH REGARD TO THE PROGRAMS. IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THE PROGRAMS OR PROMPTLY RETURN THE PROGRAMS TO ALTERA UNUSED.
License Terms
Subject to the terms and conditions of this Agreement, Altera grants to you a worldwide, nonexclusive, perpetual license (with the right to grant sublicenses, and authorize sublicensees to sublicense further) to use, copy, prepare derivative works based on, and distribute the Programs and derivative works thereof, provided that any distribution or sublicense is subject to the same terms and conditions that you use for distribution of your own comparable software products. Any copies of the Programs or derivative works thereof will continue to be subject to the terms and conditions of this Agreement. You must include in any copies of the Programs or derivative works thereof any trademark, copyright, and other proprietary rights notices included in the Programs by Altera.
Disclaimer of Warranties and Remedies
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE PROGRAMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALTERA EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, USE, AND PERFORMANCE OF THE PROGRAMS. SHOULD THE PROGRAMS PROVE DEFECTIVE OR FAIL TO PERFORM PROPERLY, YOU -- AND NOT ALTERA -- SHALL ASSUME THE ENTIRE COST AND RISK OF ANY REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITY OR DAMAGES CAUSED BY OR OTHERWISE ASSOCIATED WITH THE PROGRAMS. ALTERA DOES NOT WARRANT THAT THE PROGRAMS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ALSO ASSUME RESPONSIBILITY FOR THE SELECTION, INSTALLATION, USE, AND RESULTS OF USING THE PROGRAMS. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
ALTERA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF OR OTHERWISE ASSOCIATED WITH THE USE OF OR INABILITY TO USE THE PROGRAMS. IN ANY EVENT, ALTERA'S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE LARGER OF EITHER THE AMOUNT YOU PAID ALTERA FOR USE OF THE PROGRAMS, OR ONE HUNDRED DOLLARS ($100). YOUR SOLE REMEDIES AND ALTERA'S ENTIRE LIABILITY ARE AS SET FORTH ABOVE. Some states do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the extent that the Programs are derived from third-party software or other third-party materials, no such third-party provides any warranties with respect to the Programs, assumes any liability regarding use of the Programs, or undertakes to furnish you any support or information relating to the Programs.
General
You acknowledge that Altera is not responsible for and is not obligated to provide, any support, including email and telephone support, for any purpose with respect to the Programs.
You acknowledge that the Programs are made freely available in accordance with this Agreement as part of an effort to promote broad use of the Programs with minimum interference by you and Altera. Accordingly, you agree that, if you obtain any patents relating to inventions or discoveries made through use of or access to the Programs or derivative works thereof, or that are necessary for the use of the Programs, you will not bring any claim for infringement thereof against Altera or any direct or indirect licensee of Altera in connection with or use of the Programs or derivative works thereof. The foregoing does not constitute a license of any copyright or trade secret.
You shall not export the Programs, or any product programmed by the Programs, without first obtaining any necessary U.S. or other governmental licenses and approvals.
This Agreement is entered into for the benefit of Altera and Altera's licensors and all rights granted to you and all obligations owed to Altera shall be enforceable by Altera and its licensors. This Agreement constitutes the entire understanding and agreement applicable to the Programs, superseding any prior or contemporaneous understandings or agreements. It may not be modified except in a writing executed by Altera.
This Agreement will be governed by the laws of the State of California. You agree to submit to the jurisdiction of the courts in the State of California for the resolution of any dispute or claim arising out of or relating to this Agreement.
The prevailing party in any legal action or arbitration arising out of this Agreement shall be entitled to reimbursement for its expenses, including court costs and reasonable attorneys' fees, in addition to any other rights and remedies such party may have.
BY USING THE PROGRAMS YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ALTERA WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ALTERA RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
U.S. Government Restricted Rights
The Programs and any accompanying documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Altera Corporation, 101 Innovation Drive, San Jose, CA 95134 and its licensors.
License is hereby granted to use this software and distribute it freely,
as long as this copyright notice is retained and modifications are
clearly marked.
ALL WARRANTIES ARE HEREBY DISCLAIMED.
JAMon License Agreement
Copyright (c) 2002, Steve Souza (admin@jamonapi.com)
All rights reserved.
Modifications: No
Redistribution in binary form, with or without modifications, are permitted provided that the following conditions are met:
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
If modifications are made to source code then this license should indicate that fact in the "Modifications" section above.
Neither the author, nor the contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
#### Twitter Post Fetcher v10.0 ####
Coded by Jason Mayes 2013. A present to all the developers out there.
www.jasonmayes.com
Please keep this disclaimer with my code if you use it. Thanks. :)
Got feedback or questions, ask here:
http://www.jasonmayes.com/projects/twitterApi/
Updates will be posted to this site.
Jasper Reports
Jasperreports Copyright (c) 2001-2003 Teodor Danciu (teodord@hotmail.com). All rights reserved. This product included software developed by Teodor Danciu http://jasperreports.sourceforge.net. For license details, please see the file classes/jasper_license.txt
The Jasper Reports License, Version 1.0 Copyright (C) 2001-2003 Teodor Danciu (teodord@hotmail.com). All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by Teodor Danciu (http://jasperreports.sourceforge.net)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The name "JasperReports" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact teodord@hotmail.com.
5. Products derived from this software may not be called "JasperReports" nor may "JasperReports" appear in their name, without prior written permission of Teodor Danciu.
THIS SOFTWARE IS PROVIDED ``AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
JasPer License Version 2.0
Copyright (c) 2001-2006 Michael David Adams
Copyright (c) 1999-2000 Image Power, Inc.
Copyright (c) 1999-2000 The University of British Columbia
All rights reserved.
Permission is hereby granted, free of charge, to any person (the
"User") obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge,
publish, distribute, and/or sell copies of the Software, and to permit
persons to whom the Software is furnished to do so, subject to the
following conditions:
1. The above copyright notices and this permission notice (which
includes the disclaimer below) shall be included in all copies or
substantial portions of the Software.
2. The name of a copyright holder shall not be used to endorse or
promote products derived from the Software without specific prior
written permission.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS
"AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO
EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
NO ASSURANCES ARE
PROVIDED BY THE COPYRIGHT HOLDERS THAT THE SOFTWARE DOES NOT INFRINGE
THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER ENTITY.
EACH COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY TO THE USER FOR CLAIMS
BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHERWISE. AS A CONDITION TO EXERCISING THE RIGHTS
GRANTED HEREUNDER, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE
ANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY.
THE SOFTWARE
IS NOT FAULT-TOLERANT AND IS NOT INTENDED FOR USE IN MISSION-CRITICAL
SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL
SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF THE SOFTWARE OR SYSTEM COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH
RISK ACTIVITIES"). THE COPYRIGHT HOLDERS SPECIFICALLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Java Application Stub Binary Module License
Copyright (c) Apple Inc. All rights reserved.
IMPORTANT: This Apple software is supplied to you by Apple Inc. ("Apple") in consideration of your agreement to the following terms, and your use, reproduction or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, reproduce or redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple JavaApplicationStub binary module software (the "Apple Software"), to use, reproduce and redistribute the Apple Software in binary form only as part of your own software program. You may change the Apple Software's file name at your discretion. Neither the name, trademarks, service marks or logos of Apple Inc. may be used to endorse or promote products containing the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your software program or by other works in which the Apple Software may be incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
JAVA RESEARCH LICENSE Version 1.5
I. DEFINITIONS.
"Licensee " means You and any other party that has entered
into and has in effect a version of this License.
"Modifications" means any (a) change or addition to the
Technology or (b) new source or object code implementing any
portion of the Technology.
"Sun" means Sun Microsystems, Inc. and its successors and
assignees.
"Research Use" means research, evaluation, or development
for the purpose of advancing knowledge, teaching, learning,
or customizing the Technology or Modifications for personal
use. Research Use expressly excludes use or distribution
for direct or indirect commercial (including strategic) gain
or advantage.
"Technology" means the source code, object code and
specifications of the technology made available by Sun
pursuant to this License.
"Technology Site" means the website designated by Sun for
accessing the Technology.
"You" means the individual executing this License or the
legal entity or entities represented by the individual
executing this License.
II. PURPOSE.
Sun is licensing the Technology under this Java Research
License (the "License") to promote research, education,
innovation, and development using the Technology.
COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY AND
MODIFICATIONS IS PERMITTED ONLY UNDER A SUN COMMERCIAL
LICENSE.
III. RESEARCH USE RIGHTS.
A. License Grant. Subject to the conditions contained
herein, Sun grants to You a non-exclusive, non-transferable,
worldwide, and royalty-free license to do the following for
Your Research Use only:
1. Reproduce, create Modifications of, and use the
Technology alone, or with Modifications;
2. Share source code of the Technology alone, or with
Modifications, with other Licensees; and
3. Distribute object code of the Technology, alone,
or with Modifications, to any third parties for Research
Use only, under a license of Your choice that is consistent
with this License; and publish papers and books discussing
the Technology which may include relevant excerpts that
do not in the aggregate constitute a significant portion
of the Technology.
B. Residual Rights. You may use any information in
intangible form that you remember after accessing the
Technology, except when such use violates Sun's copyrights
or patent rights.
C. No Implied Licenses. Other than the rights granted
herein, Sun retains all rights, title, and interest in
Technology, and You retain all rights, title, and interest
in Your Modifications and associated specifications, subject
to the terms of this License.
D. Open Source Licenses. Portions of the Technology may be
provided with notices and open source licenses from open
source communities and third parties that govern the use of
those portions, and any licenses granted hereunder do not
alter any rights and obligations you may have under such
open source licenses, however, the disclaimer of warranty
and limitation of liability provisions in this License will
apply to all Technology in this distribution.
IV. INTELLECTUAL PROPERTY REQUIREMENTS
As a condition to Your License, You agree to comply with the
following restrictions and responsibilities:
A. License and Copyright Notices. You must include a copy
of this Java Research License in a Readme file for any
Technology or Modifications you distribute. You must also
include the following statement, "Use and distribution of
this technology is subject to the Java Research License
included herein", (a) once prominently in the source code
tree and/or specifications for Your source code
distributions, and (b) once in the same file as Your
copyright or proprietary notices for Your binary code
distributions. You must cause any files containing Your
Modification to carry prominent notice stating that You
changed the files. You must not remove or alter any
copyright or other proprietary notices in the Technology.
B. Licensee Exchanges. Any Technology and Modifications
You receive from any Licensee are governed by this License.
V. GENERAL TERMS.
A. Disclaimer Of Warranties.
THE TECHNOLOGY IS PROVIDED "AS IS", WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE TECHNOLOGY IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR
NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU
BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND
DISTRIBUTION OF ANY AND ALL TECHNOLOGY UNDER THIS LICENSE.
B. Infringement; Limitation Of Liability.
1. If any portion of, or functionality implemented by, the
Technology becomes the subject of a claim or threatened
claim of infringement ("Affected Materials"), Sun may, in
its unrestricted discretion, suspend Your rights to use and
distribute the Affected Materials under this License. Such
suspension of rights will be effective immediately upon
Sun's posting of notice of suspension on the Technology
Site.
2. IN NO EVENT WILL SUN BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC
ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY
OF LIABILITY (including negligence), WHETHER OR NOT SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY
UNDER THIS SECTION V.B.2 SHALL BE SO LIMITED AND EXCLUDED,
NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY
REMEDY.
C. Termination.
1. You may terminate this License at any time by notifying
Sun in writing.
2. All Your rights will terminate under this License if
You fail to comply with any of its material terms or
conditions and do not cure such failure within thirty (30)
days after becoming aware of such noncompliance.
3. Upon termination, You must discontinue all uses and
distribution of the Technology, and all provisions of this
Section V ("General Terms") shall survive termination.
D. Miscellaneous.
1. Trademark. You agree to comply with Sun's Trademark
& Logo Usage Requirements, as modified from time to time,
available at http://www.sun.com/policies/trademarks/.
Except as expressly provided in this License, You are
granted no rights in or to any Sun trademarks now or
hereafter used or licensed by Sun.
2. Integration. This License represents the complete
agreement of the parties concerning the subject matter
hereof.
3. Severability. If any provision of this License is
held unenforceable, such provision shall be reformed
to the extent necessary to make it enforceable unless
to do so would defeat the intent of the parties, in
which case, this License shall terminate.
4. Governing Law. This License is governed by the laws of
the United States and the State of California, as applied to
contracts entered into and performed in California between
California residents. In no event shall this License be
construed against the drafter.
5. Export Control. As further described at
http://www.sun.com/its, you agree to comply with the U.S.
export controls and trade laws of other countries that
apply to Technology and Modifications.
JAVA RESEARCH LICENSE Version 1.6
I. DEFINITIONS.
"Licensee" means You and any other party that has entered into and has
in effect a version of this License.
"Modifications" means any change or addition to the Technology.
"Sun" means Sun Microsystems, Inc. and its successors and assignees.
"Research Use" means research, evaluation, or development for the
purpose of advancing knowledge, teaching, learning, or customizing the
Technology or Modifications for personal use. Research Use expressly
excludes use or distribution for direct or indirect commercial
(including strategic) gain or advantage.
"Technology" means the source code and object code of the technology
made available by Sun pursuant to this License.
"Technology Site" means the website designated by Sun for accessing
the Technology.
"You" means the individual executing this License or the legal entity
or entities represented by the individual executing this License.
II. PURPOSE.
Sun is licensing the Technology under this Java Research License (the
"License") to promote research, education, innovation, and development
using the Technology. This License is not intended to permit or
enable access to the Technology for active consultation as part of
creating an independent implementation of the Technology.
COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY AND MODIFICATIONS IS
PERMITTED ONLY UNDER A SUN COMMERCIAL LICENSE.
III. RESEARCH USE RIGHTS.
A. License Grant. Subject to the conditions contained herein, Sun
grants to You a non-exclusive, non-transferable, worldwide, and
royalty-free license to do the following for Your Research Use only:
1. Reproduce, create Modifications of, and use the Technology
alone, or with Modifications;
2. Share source code of the Technology alone, or with
Modifications, with other Licensees; and
3. Distribute object code of the Technology, alone, or with
Modifications, to any third parties for Research Use only, under a
license of Your choice that is consistent with this License; and
publish papers and books discussing the Technology which may include
relevant excerpts that do not in the aggregate constitute a
significant portion of the Technology.
B. Residual Rights. If You examine the Technology after accepting
this License and remember anything about it later, You are not
"tainted" in a way that would prevent You from creating or
contributing to an independent implementation, but this License grants
You no rights to Sun's copyrights or patents for use in such an
implementation.
C. No Implied Licenses. Other than the rights granted herein, Sun
retains all rights, title, and interest in Technology, and You retain
all rights, title, and interest in Your Modifications and associated
specifications, subject to the terms of this License.
D. Third Party Software. Portions of the Technology may be
provided with licenses or other notices from third parties that govern
the use of those portions. Any licenses granted hereunder do not alter
any rights and obligations You may have under such licenses, however,
the disclaimer of warranty and limitation of liability provisions in
this License will apply to all Technology in this distribution.
IV. INTELLECTUAL PROPERTY REQUIREMENTS
As a condition to Your License, You agree to comply with the following
restrictions and responsibilities:
A. License and Copyright Notices. You must include a copy of this
Java Research License in a Readme file for any Technology or
Modifications you distribute. You must also include the following
statement, "Use and distribution of this technology is subject to the
Java Research License included herein", (a) once prominently in the
source code tree and/or specifications for Your source code
distributions, and (b) once in the same file as Your copyright or
proprietary notices for Your binary code distributions. You must cause
any files containing Your Modification to carry prominent notice
stating that You changed the files. You must not remove or alter any
copyright or other proprietary notices in the Technology.
B. Licensee Exchanges. Any Technology and Modifications You
receive from any Licensee are governed by this License.
V. GENERAL TERMS.
A. Disclaimer Of Warranties.
THE TECHNOLOGY IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE TECHNOLOGY IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU
AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND
DISTRIBUTION OF ANY AND ALL TECHNOLOGY UNDER THIS LICENSE.
B. Infringement; Limitation Of Liability.
1. If any portion of, or functionality implemented by, the
Technology becomes the subject of a claim or threatened claim of
infringement ("Affected Materials"), Sun may, in its unrestricted
discretion, suspend Your rights to use and distribute the Affected
Materials under this License. Such suspension of rights will be
effective immediately upon Sun's posting of notice of suspension on
the Technology Site.
2. IN NO EVENT WILL SUN BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT),
HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (including
negligence), WHETHER OR NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. LIABILITY UNDER THIS SECTION V.B.2 SHALL BE SO LIMITED
AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY
REMEDY.
C. Termination.
1. You may terminate this License at any time by notifying Sun in a
writing addressed to Sun Microsystems, Inc., 4150 Network Circle,
Santa Clara, California 95054, Attn.: Legal Department/Products and
Technology Law.
2. All Your rights will terminate under this License if You fail to
comply with any of its material terms or conditions and do not cure
such failure within thirty (30) days after becoming aware of such
noncompliance.
3. Upon termination, You must discontinue all uses and distribution
under this agreement, and all provisions of this Section V ("General
Terms") shall survive termination.
D. Miscellaneous.
1. Trademark. You agree to comply with Sun's Trademark & Logo
Usage Requirements, as modified from time to time, available at
http://www.sun.com/policies/trademarks/. Except as expressly provided
in this License, You are granted no rights in or to any Sun trademarks
now or hereafter used or licensed by Sun.
2. Integration. This License represents the complete agreement of
the parties concerning the subject matter hereof.
3. Severability. If any provision of this License is held
unenforceable, such provision shall be reformed to the extent
necessary to make it enforceable unless to do so would defeat the
intent of the parties, in which case, this License shall terminate.
4. Governing Law. This License is governed by the laws of the
United States and the State of California, as applied to contracts
entered into and performed in California between California residents.
In no event shall this License be construed against the drafter.
5. Export Control. As further described at
http://www.sun.com/its, you agree to comply with the U.S. export
controls and trade laws of other countries that apply to Technology
and Modifications.
As a special exception to GPL, any HTML file which merely makes function calls
to this code, and for that purpose includes it by reference shall be deemed a
separate work for copyright law purposes. In addition, the copyright holders of
this code give you permission to combine this code with free software libraries
that are released under the GNU LGPL. You may copy and distribute such a system
following the terms of the GNU GPL for this code and the LGPL for the libraries.
If you modify this code, you may extend this exception to your version of the
code, but you are not obligated to do so. If you do not wish to do so, delete
this exception statement from your version.
LICENSE AGREEMENT
JBOSS(r)
This License Agreement governs the use of the Software Packages and any updates to the Software
Packages, regardless of the delivery mechanism. Each Software Package is a collective work
under U.S. Copyright Law. Subject to the following terms, Red Hat, Inc. ("Red Hat") grants to
the user ("Client") a license to the applicable collective work(s) pursuant to the
GNU Lesser General Public License v. 2.1 except for the following Software Packages:
(a) JBoss Portal Forums and JBoss Transactions JTS, each of which is licensed pursuant to the
GNU General Public License v.2;
(b) JBoss Rules, which is licensed pursuant to the Apache License v.2.0;
(c) an optional download for JBoss Cache for the Berkeley DB for Java database, which is licensed under the
(open source) Sleepycat License (if Client does not wish to use the open source version of this database,
it may purchase a license from Sleepycat Software);
and (d) the BPEL extension for JBoss jBPM, which is licensed under the Common Public License v.1,
and, pursuant to the OASIS BPEL4WS standard, requires parties wishing to redistribute to enter various
royalty-free patent licenses.
Each of the foregoing licenses is available at http://www.opensource.org/licenses/index.php.
1. The Software. "Software Packages" refer to the various software modules that are created and made available
for distribution by the JBoss.org open source community at http://www.jboss.org. Each of the Software Packages
may be comprised of hundreds of software components. The end user license agreement for each component is located in
the component's source code. With the exception of certain image files identified in Section 2 below,
the license terms for the components permit Client to copy, modify, and redistribute the component,
in both source code and binary code forms. This agreement does not limit Client's rights under,
or grant Client rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Software Packages are owned by Red Hat and others and are protected under copyright
and other laws. Title to the Software Packages and any component, or to any copy, modification, or merged portion shall
remain with the aforementioned, subject to the applicable license. The "JBoss" trademark, "Red Hat" trademark, the
individual Software Package trademarks, and the "Shadowman" logo are registered trademarks of Red Hat and its affiliates
in the U.S. and other countries. This agreement permits Client to distribute unmodified copies of the Software Packages
using the Red Hat trademarks that Red Hat has inserted in the Software Packages on the condition that Client follows Red Hat's
trademark guidelines for those trademarks located at http://www.redhat.com/about/corporate/trademark/. Client must abide by
these trademark guidelines when distributing the Software Packages, regardless of whether the Software Packages have been modified.
If Client modifies the Software Packages, then Client must replace all Red Hat trademarks and logos identified at
http://www.jboss.com/company/logos, unless a separate agreement with Red Hat is executed or other permission granted.
Merely deleting the files containing the Red Hat trademarks may corrupt the Software Packages.
3. Limited Warranty. Except as specifically stated in this Paragraph 3 or a license for a particular
component, to the maximum extent permitted under applicable law, the Software Packages and the
components are provided and licensed "as is" without warranty of any kind, expressed or implied,
including the implied warranties of merchantability, non-infringement or fitness for a particular purpose.
Red Hat warrants that the media on which Software Packages may be furnished will be free from defects in
materials and manufacture under normal use for a period of 30 days from the date of delivery to Client.
Red Hat does not warrant that the functions contained in the Software Packages will meet Client's requirements
or that the operation of the Software Packages will be entirely error free or appear precisely as described
in the accompanying documentation. This warranty extends only to the party that purchases the Services
pertaining to the Software Packages from Red Hat or a Red Hat authorized distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, the remedies
described below are accepted by Client as its only remedies. Red Hat's entire liability, and Client's
exclusive remedies, shall be: If the Software media is defective, Client may return it within 30 days of
delivery along with a copy of Client's payment receipt and Red Hat, at its option, will replace it or
refund the money paid by Client for the Software. To the maximum extent permitted by applicable law,
Red Hat or any Red Hat authorized dealer will not be liable to Client for any incidental or consequential
damages, including lost profits or lost savings arising out of the use or inability to use the Software,
even if Red Hat or such dealer has been advised of the possibility of such damages. In no event shall
Red Hat's liability under this agreement exceed the amount that Client paid to Red Hat under this
Agreement during the twelve months preceding the action.
5. Export Control. As required by U.S. law, Client represents and warrants that it:
(a) understands that the Software Packages are subject to export controls under the
U.S. Commerce Department's Export Administration Regulations ("EAR");
(b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations
(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria);
(c) will not export, re-export, or transfer the Software Packages to any prohibited destination, entity,
or individual without the necessary export license(s) or authorizations(s) from the U.S. Government;
(d) will not use or transfer the Software Packages for use in any sensitive nuclear, chemical or
biological weapons, or missile technology end-uses unless authorized by the U.S. Government by
regulation or specific license;
(e) understands and agrees that if it is in the United States and exports or transfers the Software
Packages to eligible end users, it will, as required by EAR Section 740.17(e), submit semi-annual
reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and
address (including country) of each transferee;
and (f) understands that countries other than the United States may restrict the import, use, or
export of encryption products and that it shall be solely responsible for compliance with any such
import, use, or export restrictions.
6. Third Party Programs. Red Hat may distribute third party software programs with the Software Packages
that are not part of the Software Packages and which Client must install separately. These third party
programs are subject to their own license terms. The license terms either accompany the programs or
can be viewed at http://www.redhat.com/licenses/. If Client does not agree to abide by the applicable
license terms for such programs, then Client may not install them. If Client wishes to install the programs
on more than one system or transfer the programs to another party, then Client must contact the licensor
of the programs.
7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the
enforceability of the remaining provisions. This License Agreement shall be governed by the laws of the
State of North Carolina and of the United States, without regard to any conflict of laws provisions,
except that the United Nations Convention on the International Sale of Goods shall not apply.
Copyright 2006 Red Hat, Inc. All rights reserved.
"JBoss" and the JBoss logo are registered trademarks of Red Hat, Inc.
All other trademarks are the property of their respective owners.
Page 1 of 1 18 October 2006
JDBM LICENSE v1.00
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a
copy of this document.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. The name "JDBM" must not be used to endorse or promote
products derived from this Software without prior written
permission of Cees de Groot. For written permission,
please contact cg@cdegroot.com.
4. Products derived from this Software may not be called "JDBM"
nor may "JDBM" appear in their names without prior written
permission of Cees de Groot.
5. Due credit should be given to the JDBM Project
(http://jdbm.sourceforge.net/).
THIS SOFTWARE IS PROVIDED BY THE JDBM PROJECT AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
CEES DE GROOT OR ANY CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions, and the disclaimer that follows
these conditions in the documentation and/or other materials
provided with the distribution.
3. The name "JDOM" must not be used to endorse or promote products
derived from this software without prior written permission. For
written permission, please contact <request_AT_jdom_DOT_org>.
4. Products derived from this software may not be called "JDOM", nor
may "JDOM" appear in their name, without prior written permission
from the JDOM Project Management <request_AT_jdom_DOT_org>.
In addition, we request (but do not require) that you include in the
end-user documentation provided with the redistribution and/or in the
software itself an acknowledgement equivalent to the following:
"This product includes software developed by the
JDOM Project (http://www.jdom.org/)."
Alternatively, the acknowledgment may be graphical using the logos
available at http://www.jdom.org/images/logos.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE JDOM AUTHORS OR THE PROJECT
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
This software consists of voluntary contributions made by many
individuals on behalf of the JDOM Project and was originally
created by Jason Hunter <jhunter_AT_jdom_DOT_org> and
Brett McLaughlin <brett_AT_jdom_DOT_org>. For more information
on the JDOM Project, please see <http://www.jdom.org/>.
JELURIDA PUBLIC LICENSE
Preamble:
Being a company engaged predominantly in the creation of blockchain technology,
Jelurida IP B.V. has prepared the following “coinleft” license whose goal is to
implement new requirements consistent with the specific nature of the blockchain
software. We recognize the fundamental advantages that the decentralized ledger
technology has to offer and we truly believe in its potential to change the
world for the better. Therefore we wish to continue the already established
tradition to publish blockchain software as an open source and in this way to
give our contribution to the further development of the blockchain technology
world-wide. At the same time we wish to protect our IP rights and to address the
fact that our software was copied many times during its existence and as a
result a lot of “clones” have been created which dilute the value of the tokens
with no significant technological improvements behind them.
The exact terms and conditions for using, copying and modification follow:
TERMS AND CONDITIONS
I. General Conditions
Introduction
The existent copyleft licensing models were designed to protect the value of the
code which is created in open source projects. They make sure anyone who builds
on top of this code also releases their code under the same copyleft license,
thus sharing back with the community and the developers of the original project
the added value of the derived work.
Copyleft licenses however were created long before crypto currency and
blockchain technologies appeared, and could not have anticipated the fact that
today the value of an open source distributed ledger project is contained not
only in the program code being written, but in the unique public blockchain
instance or crypto currency token, maintained by this project, with its
developers, community and holders sharing the common interest to preserve and
increase the value of this blockchain token.
Crypto currency tokens today have value of their own, people can buy, sell and
invest in them and the unlimited permission of cloning the existing blockchain
platforms and creating new coins inevitably results in decreasing the value of
the original tokens.
Crypto currency tokens are also an inseparable part of each distributed ledger
software, without which such software cannot really be used. Ensuring that a
clone project shares back the modified source code is no longer sufficient to
allow the users of the original project access to that derived work, unless they
are also allocated some of the newly created tokens in the clone blockchain
instance. Thus such allocation is important in order to preserve not only the
value of the original tokens, but also to preserve the users freedom to use any
works derived from the original software.
With the above being said, the terms and conditions for using, copying and
modification of distributed ledger software programs are outlined below, called
the Jelurida Public License (JPL). The JPL is inspired by the GNU General Public
License versions 2 and 3, with adaptations specifically aimed at application of
the license to distributed ledger software programs; as such the GNU General
Public License and any other license terms and conditions other than this JPL
are explicitly excluded.
JPL version: 1.1
Article 0. Definitions:
“based on [the Program/Covered Work/…]” means derived from the original Covered
Work (or part thereof) by the act(s) of copying it, modifying it, including it
(in whole or in part) or by linking to the original Covered Work (or part
thereof).
“to convey”: To convey a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through a
computer network, with no transfer of a copy, is not conveying.
Copyright Holder, Licensor: The owner of the IP rights over the software as
determined by applicable national law and international treaty provisions
regulating this subject matter.
Corresponding Source: The Corresponding Source for a work in Object Code form
means all the Source Code needed to generate, install, and (for an executable
work) run the Object Code and to modify the work, including scripts to control
those activities. However, it does not include the work's System Libraries, or
general-purpose tools or generally available free programs which are used
unmodified in performing those activities but which are not part of the work.
For example, Corresponding Source includes interface definition files associated
with source files for the work, and the Source Code for shared libraries and
dynamically linked subprograms that the work is specifically designed to
require, such as by intimate data communication or control flow between those
subprograms and other parts of the work. The Corresponding Source need not
include anything that users can regenerate automatically from other parts of the
Corresponding Source. The Corresponding Source for a work in Source Code form is
that same work.
Covered Work: A DLT Software or another Program based on a DLT or otherwise, or
based on another Covered Work, their Object Code and Source Code, and any other
work covered by this License according to their terms.
DLT Instance: Unique instance of distributed ledger consisting of a network of
one or more participants (nodes) running a particular DLT Software and which
nodes are in a state of consensus with each other within the permitted
tolerances of the applicable consensus algorithm. An example of such DLT
instance is the Nxt public blockchain.
DLT Software: Any distributed ledger computer technology including but not
limited to blockchain technology regardless of the way the consensus is
established.
General Conditions: Chapter I. General Conditions of this License.
License: This Jelurida Public License (JPL) consisting of both General
Conditions and Special Conditions.
Licensee, You: Everyone (natural person or legal entity) who wants to use, copy,
distribute, modify or build on top of the Program.
“to modify”: To modify a work means to copy from or adapt all or part of the
work in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a “modified version” of the earlier
work or a “work based on” the earlier work. Modification also includes
translation into another programming language or human language.
Object Code: Any non-Source Code form of a work.
Program: Any copyrightable work licensed under this License.
“to propagate”: To propagate a work means to do anything with it that, without
permission, would make you directly or secondarily liable for infringement under
applicable copyright law, except executing it on a computer or modifying a
private copy. Propagation includes copying, distribution (with or without
modification), making available to the public, and in some countries other
activities as well.
Source Code: The Source Code for a work means the preferred form of the work for
making modifications to it.
Special Conditions: Chapter II. Special Conditions of this License which
contains additional provisions required and adapted by the Licensor according to
the specific Covered Work they are applicable to.
Standard Interface: An interface that either is an official standard defined by
a recognized standards body, or, in the case of interfaces specified for a
particular programming language, one that is widely used among developers
working in that language.
System Libraries: Libraries of an executable work, other than the work as a
whole, that (a) are included in the normal form of packaging a Major Component,
but which are not part of that Major Component, and (b) serve only to enable use
of the work with that Major Component, or to implement a Standard Interface for
which an implementation is available to the public in Source Code form. A Major
Component, in this context, means a major essential component (kernel, window
system, and so on) of the specific operating system (if any) on which the
executable work runs, or a compiler used to produce the work, or an Object Code
interpreter used to run it.
Article 1. Scope of the License:
1.1 This License applies to any Covered Work or other work which contains a
notice placed by the Copyright Holder saying it may be used, propagated,
conveyed or modified only under the terms of this License. It also applies to
any work which is not a DLT per se but is still a Covered Work because it is
based on the covered DLT Software or contains a portion of it. This is to ensure
that if such work is included into another DLT Software that DLT Software must
satisfy the below stated airdrop requirement and other terms of this License.
1.2. All rights granted under this License are granted for the term of copyright
on the Covered Work, and are irrevocable provided the conditions of this License
are met.
1.3 The act of running a Program is not restricted as long as it does not
violate Article 3.4 of the General Conditions, and the output from a Program is
covered only if its contents constitute a work based on the Program (independent
of having been made by running the Program). Whether that is true depends on
what the Program does.
1.4 Conveying is permitted solely under the conditions stated herein.
Sublicensing is not allowed; Article 7 of the General Conditions makes it
unnecessary.
1.5 No Covered Work shall be deemed part of an effective technological measure
under any applicable law fulfilling obligations under article 11 of the WIPO
copyright treaty adopted on 20 December 1996, or similar laws prohibiting or
restricting circumvention of such measures. When you convey a Covered Work, you
waive any legal power to forbid circumvention of technological measures to the
extent such circumvention is effected by exercising rights under this License
with respect to the Covered Work, and you disclaim any intention to limit
operation or modification of the work as a means of enforcing, against the
work's users, your or third parties' legal rights to forbid circumvention of
technological measures.
Article 2.
2.1 You may copy and distribute verbatim copies of the Covered Work’s Source
Code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this License
and to the absence of any warranty; and give any other recipients of the Covered
Work a copy of this License along with the Covered Work.
2.2 You must keep intact all authorship and copyright notices and when conveying
or offering to convey copies (verbatim or modified) you must also avoid any
misrepresentation of the origin of the Covered Work. You must make sure that any
modified versions of such Covered Work are marked in reasonable ways as
different from the original version and they do not imply any endorsement or
support by the Copyright Holder regarding this modified work.
2.3 You may charge a fee for the physical act of transferring a copy (for the
avoidance of doubt, such physical act of transfer may include making the copy
available on your website or otherwise), and you may at your discretion and
responsibility offer support or warranty protection in exchange for a fee. You
are not allowed to charge any fee for granting the right to further use,
propagate, convey or modify the copy then obtained by the acquirer, as such
would be against the intention of this License.
Article 3. You may modify your copy or copies of the Covered Work or any portion
of it, thus forming a work based on the Covered Work, and copy and distribute
such modifications or work under the terms of Article 2 above, provided that you
also meet all of these conditions:
3.1 You must cause the modified files to carry prominent notices stating that
you changed the files and the date of any change.
3.2 You must cause any work that you distribute or publish, that in whole or in
part contains or is derived from the Covered Work or any part thereof, to be
licensed as a whole at no charge to all third parties under the terms of this
License.
3.3 If the modified program normally reads commands interactively when run, you
must cause it, when started running for such interactive use in the most
ordinary way, to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else, saying that
you provide a warranty) and that users may redistribute the program under the
conditions of this License, and telling the user how to view a copy of this
License. (Exception: if the Covered Work itself is interactive but does not
normally print such an announcement, your work based on the Covered Work is not
required to print an announcement.) If the program has graphical user interface
any such notices should be placed in an about dialog or similar.
3.4 If the Covered Work is a DLT Software, after your modifications it must
continue to work with the original DLT Instance without violating the consensus
algorithm or resulting in a permanent fork. For the purpose of this clause
modification also includes changing the configuration or network environment in
which the Covered Work is run that results in permanent disconnection, fork or
isolation from the original DLT Instance. If your modifications result in a
different DLT Instance you must satisfy the following airdrop requirement:
3.4.1 The token holders from the original distributed ledger instance shall be
allocated a portion (an "airdrop") of the tokens in that new DLT Instance
proportional to their token balances. This shall also apply to anyone who
intends to make a copy of your copy, i.e. any such person needs to allocate the
same airdrop of the newly created tokens to the account holders from the
original DLT Instance (not to your copy). If the Covered Work is not a DLT
Software per se this requirement still applies to any other work based on or
including this work or portions of it which is a DLT Software or in any other
way distributes tokens to its users. The specific percentage of the airdrop
and the tokens to which it applies, which may also depend on how the new DLT
Instance relates to the original one, are defined in the Special Conditions.
3.5 All other provisions, designated in the Special Conditions and consistent
with the specific requirements arising from the architecture of each particular
decentralized ledger/consensus platform, are observed as well.
3.6 These requirements apply to the modified work as a whole. If identifiable
sections of that work are not derived from the Covered Work, and can be
reasonably considered independent and separate works in themselves, then this
License, and its terms, do not apply to those sections when you convey them as
separate works. But when you convey the same sections as part of a whole which
is a work based on the Covered Work, the conveyance of the whole must be on the
terms of this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it. Mere
aggregation of another work not based on the Covered Work with the Covered Work
(or with a work based on the Covered Work) on a volume of a storage or
distribution medium does not bring the other work under the scope of this
License.
Article 4. You may convey a Covered Work in Object Code form under the terms of
Articles 2 and 3 of the General Conditions, provided that you also convey the
machine-readable Corresponding Source under the terms of this License, in one of
these ways:
4.1 Convey the Object Code in, or embodied in, a physical product (including a
physical distribution medium), accompanied by the Corresponding Source fixed on
a durable physical medium customarily used for software interchange.
4.2 Convey the Object Code in, or embodied in, a physical product (including a
physical distribution medium), accompanied by a written offer, valid for at
least three years and valid for as long as you offer spare parts or customer
support for that product model, to give anyone who possesses the Object Code
either (1) a copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical medium
customarily used for software interchange, for a price no more than your
reasonable cost of physically performing this conveying of source, or (2) access
to copy the Corresponding Source from a network server at no charge.
4.3 Convey individual copies of the Object Code with a copy of the written offer
to provide the Corresponding Source. This alternative is allowed only
occasionally and non-commercially, and only if you received the Object Code with
such an offer, in accord with Article 4.2 above.
4.4 Convey the Object Code by offering access from a designated place (gratis or
for a charge), and offer equivalent access to the Corresponding Source in the
same way through the same place at no further charge. You need not require
recipients to copy the Corresponding Source along with the Object Code. If the
place to copy the Object Code is a network server, the Corresponding Source may
be on a different server (operated by you or a third party) that supports
equivalent copying facilities, provided you maintain clear directions next to
the Object Code saying where to find the Corresponding Source. Regardless of
what server hosts the Corresponding Source, you remain obligated to ensure that
it is available for as long as needed to satisfy these requirements.
4.5 Convey the Object Code using peer-to-peer transmission, provided you inform
other peers where the Object Code and Corresponding Source of the work are being
offered to the general public at no charge under Article 4.4 above.
4.6 A separable portion of the Object Code, whose Source Code is excluded from
the Corresponding Source as a System Library, need not be included in conveying
the Object Code work.
Article 5. You may not use, copy, modify, or propagate the Covered Work except
as expressly provided under this License. Any attempt otherwise to use, copy,
modify or propagate the Covered Work is void, and will automatically terminate
your rights under this License. However, parties who have received copies, or
rights, from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.
Article 6. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to copy, use, modify or
propagate Covered Works. These actions are prohibited if you do not accept this
License. Therefore, by modifying or propagating the Covered Work, you indicate
your acceptance of this License to do so, and all its terms and conditions for,
as specified in the General Conditions and Special Conditions, copying, using,
propagating or modifying the Covered Work.
Article 7. Each time you convey the Covered Work, the recipient automatically
receives a license from the original Licensor to use, copy, propagate or modify
the Covered Work subject to terms and conditions at least equal and in
accordance with this License. In this regard, the license granted on behalf of
the original Licensor by the propagator of the Covered Work may amend this
License only to the following extent:
7.1 You can add additional airdrop requirements towards the holders of your
unique DLT Instance as long as those do not in any way reduce or interfere with
the airdrop owed to the original DLT Instance account holders.
7.2 If the distribution and/or use of the Covered Work is restricted in certain
countries either by patents, by copyrighted interfaces or by law, the original
copyright holder who places the Covered Work under this License may add an
explicit geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
case, this License incorporates the limitation as if written in the body of this
License.
Article 8. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues), conditions
are imposed on you (whether by court order, agreement or otherwise) that
contradict the conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to satisfy
simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not propagate the Covered Work at
all. For example, if a patent license would not permit royalty-free
redistribution of the Covered Work by all those who receive copies directly or
indirectly through you, then the only way you could satisfy both it and this
License would be to refrain entirely from distribution of the Covered Work.
Article 9. Jelurida IP B.V. may publish revised and/or new versions of the
Jelurida Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new problems
or concerns. To avoid ambiguity, everyone who wishes to use the text of the
Jelurida Public License must always specify under which version of the JPL
their Covered Work is released.
Article 10. Every Copyright Holder is permitted to use the text of the Jelurida
Public License for their own Covered Work provided that they: (i) keep the name
Jelurida Public License (you can append the name of the specific DLT Instance,
e.g. "Jelurida Public License version 1.0 for the Nxt Public Blockchain"),
(ii) remove the Preamble and (iii) do not change the General Conditions. Every
Copyright Holder is permitted to adapt the Special Conditions to their specific
case under (i), (ii) and (iii) above to the extent that they do not contradict
the General Conditions nor the spirit of the Jelurida Public License.
Article 11. If the Special Conditions contradict the General Conditions or any
part of them, the provisions of the General Conditions shall take precedence.
Article 12. If you cannot satisfy Article 3.4 and 3.4.1 of the General
Conditions or you are not willing to do so, or if you require a customized DLT
Instance for internal use (i.e. a private blockchain) based on the DLT Software
you must obtain permission or purchase a commercial license from the original
Copyright Holder however he is not in any way obliged to grant permission or
sell such a license.
Article 13. No warranty
THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE COVERED WORK "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
COVERED WORK IS WITH YOU. SHOULD THE COVERED WORK PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Article 14.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
COVERED WORK AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE COVERED WORK (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE COVERED WORK TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
INDEMNIFY THE COPYRIGHT HOLDER OR CONVEYOR OF THE COVERED WORK OF ANY LIABILITY
VIS-À-VIS ANY THIRD PARTY IN CONNECTION WITH THE COVERED WORK AS USED, COPIED,
PROPAGATED OR MODIFIED BY YOU.
Article 15.
If the disclaimer of warranty and limitation of liability provided above cannot
be given local legal effect according to their terms, reviewing courts shall
apply local law that most closely approximates an absolute waiver of all civil
liability in connection with the Covered Work, unless a warranty or assumption
of liability accompanies a copy of the Covered Work in return for a fee.
II. Special Conditions
Article 0. The Copyright Holder of the Nxt Reference Software (NRS) is Jelurida
IP B.V.
Article 1. The airdrop requirement of Article 3.4.1 of the General Conditions,
as related to the Nxt Reference Software (NRS) is the following:
1.1 The NXT holders from the original Nxt Public Blockchain Platform as
maintained by Jelurida Swiss SA must be allocated at least 10% (ten percent) of
the forging tokens in the new DLT Instance, proportional to their NXT holdings,
OR
1.2 The forging token holders from a DLT Instance which is based on the NRS that
has already satisfied the JPL airdrop requirement, are allocated 100% (one
hundred percent) of the forging tokens in that new DLT Instance, proportional to
their forging token holdings.
The first case covers clones and forks of the Nxt platform, and ensures that NXT
owners will receive an airdrop from any such clone or fork launched in the
future, or any existing Nxt clone that decides to upgrade to this NRS version or
copy or backport code from it.
The second case is to cover forks of Nxt clones which have already satisfied the
JPL airdrop, as by definition at the time of the hard fork all accounts start
with the same balances on either fork, and it would be difficult to make a hard
fork satisfy the first condition. The Nxt holders who received the airdrop
would still have the same balances on either fork.
Article 2. In both cases (Articles 1.1 or 1.2 of the Special Conditions), token
holdings must be calculated based on a snapshot taken not earlier than 3 months
before the launch of the new DLT Instance. For a new DLT Instance, the snapshot
should also be taken not later than 24 h before the launch, to avoid the
uncertainty due to the 720 blocks rolling checkpoint.
Article 3.
3.1 There should be under no circumstances any restrictions or any type of
discrimination against accounts receiving tokens as an airdrop.
3.2 If token distribution must be restricted by some criteria that not all
existing NXT holders can potentially satisfy, a specific exemption from the full
JPL airdrop requirements must be obtained in advance. The Copyright Holder
reserves the right to not grant such exemption, or to require a commercial
license in such situations, to be decided on a case by case basis.
3.3 As internal (private) use of Nxt software for evaluating and testing
purposes cannot satisfy the JPL airdrop requirement, any such use will also
require an evaluation license agreement with the Copyright Holder if it lasts
longer than 3 months.
3.4 Nothing in this license shall be understood as giving NXT token holders the
right to hold the Licensor, its affiliate parties, or sublicensors, liable in
case the NXT holders do not obtain any airdrop, or liable for not taking action
to enforce the airdrop requirement, or for not observing, verifying or
monitoring the compliance with any airdrop. The Licensor also retains the right
to change the percentage of the airdrop requirement in Article 1.1 or to
completely eliminate this airdrop requirement at any time.
Article 4. DLT Instances that by design do not use a fixed number of tokens
issued all at once, or that have substituted the proof-of-stake algorithm with a
different one and as a result do not use forging tokens, have to contact the
Copyright Holder for a custom license agreement. However the Copyright Holder is
in no way obliged to provide such a custom license.
Article 5. Interpretation
You agree that you may not, for the purpose of interpretation of this License,
refer to, or construe this License on the basis of, or use as counterevidence,
any prior agreements, arrangements, understandings and statements, or other
bilateral or public licenses, and to this extent agree (i) that this License
qualifies as an agreed rule of evidence within the meaning of article 153 Dutch
Code of Civil Proceedings and (ii) that this clause serves as a determination
agreement within the meaning of article 7:900 Dutch Civil Code, and that this
License shall be interpreted or construed by assuming the most obvious
grammatical meaning of the wording of this License.
Article 6. Governing law
This License, the documents related to it and any agreement that incorporates
any of these are governed by and shall be construed in accordance with the laws
of the Netherlands. Any and all disputes arising out of or in connection with
this License, the documents related to it and any agreement that incorporates
any of these shall be exclusively referred to the competent court in Amsterdam,
the Netherlands.
Terms and Conditions of Purchase
GENERAL
In these Terms and Conditions of Purchase ("Purchase Terms"):
"Customer" means an individual or a legal entity purchasing Product directly from JetBrains or its Affiliate.
"JetBrains" means JetBrains s.r.o. with its registered office at Na hřebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
"Affiliate" means, for the purpose of these Purchase Terms, a) JetBrains Americas, Inc., a Delaware corporation with its registered office at 324 New Brooklyn Road, Berlin, NJ 08009, USA, (ii) JetBrains GmbH with its registered office at Elsenheimerstraße 47, München 80687, Germany; or (iii) JetBrains Co. Ltd., with its registered office at Universitetskaya emb., 7-9-11/5, lit.A, St. Petersburg 199034, Russian Federation.
"Product" means any software program or service made available by JetBrains. The use of Product by Customer is governed by the applicable end-user license agreement, subscription terms or terms of service (collectively, Terms of Use) set forth by JetBrains.
Customer accepts these Purchase Terms by placing an order for Product with JetBrains or its Affiliate. When placing an order for Product directly with JetBrains, Customer enters into a legally binding agreement with JetBrains. When placing an order for Product with Affiliate, Customer enters into a legally binding agreement with the relevant Affiliate.
Orders placed by Customer with a reseller of JetBrains or its Affiliate are subject to terms and conditions of purchase set forth by that reseller.
ORDER PLACEMENT AND ACCEPTANCE
Customer may place an order with JetBrains or its Affiliate based on the Customer country:
online on the JetBrains website www.jetbrains.com;
by fax or e-mail using the appropriate contact of JetBrains or its Affiliate.
Order details shall be in English. Customer can modify order details before acceptance of the Customer order by JetBrains or its Affiliate by a written notice to JetBrains or the relevant Affiliate. English is the preferred language for order-related enquiries.
Any order is not binding upon JetBrains or its Affiliate until accepted by JetBrains or the relevant Affiliate. Non-acceptance of an order may be the result of one of the following:
failed payment;
growing backlog or negative payment history;
incomplete or incorrect order details, such as missing e-mail address for delivery, missing Customer billing address, or a pricing or product description error, among others;
ineligibility according to the order criteria (e.g. entitlement to upgrade or to certain Product purchase options restricted to particular users or purpose of use); or
for any reason at the sole discretion of JetBrains or the relevant Affiliate.
PRICES AND PAYMENT TERMS
JetBrains and its Affiliates set prices and accept payments for Products in one of the following major currencies depending on the Customer country: USD, EUR, GBP or CZK. Prices in any currency are subject to change by JetBrains or its Affiliate.
JetBrains and its Affiliates accept major debit and credit cards (collectively, "payment cards") for online orders via third-party payment gateway providers, including, but not limited to, Adyen and PayPal. JetBrains and its Affiliates are not responsible for any payment failure resulting from inaccurate payment card details provided by Customer when placing an online order, any restrictions applicable to payment card by Customer's bank, or payment gateway failure.
By purchasing Product requiring regular payments on a monthly, quarterly or annual basis ("Recurring Payments"), Customer authorizes JetBrains or its Affiliate to charge Customer's payment card automatically at the interval and in the amount selected by Customer based on the available options during the purchase process. Customer agrees that the payment card specified by Customer for Recurring Payments is, and will continue to be, an account that Customer owns, and that Customer will maintain sufficient availability under Customer's credit card limit, or sufficient funds in the account linked to Customer's debit card, as applicable, to pay Recurring Payments. Customer can cancel Recurring Payments at any time via Customer account at https://account.jetbrains.com prior to the next Recurring Payment due date. If Customer cancels Recurring Payments after this time, the cancellation will not take effect until the following Recurring Payment due date, and no refund or partial refund will be issued to Customer by JetBrains or its Affiliate.
JetBrains and its Affiliates only accept purchase orders from existing corporate Customers with clear payment history. Purchase orders can only be paid by wire transfer on net 30 days terms, unless otherwise specified on invoice issued to Customer by JetBrains or the relevant Affiliate. Purchase orders from newly registered corporate Customers and offline orders from individual Customers are subject to advance payment by wire transfer.
PRODUCT DELIVERY
JetBrains and its Affiliates ship no physical Products. Any details necessary to enable Customer to download and/or use the purchased Product will be delivered by JetBrains or Affiliate to Customer via e-mail to an e-mail address provided by Customer. Customer is responsible for providing JetBrains or Affiliate with a valid e-mail address for delivery purposes.
JetBrains and its Affiliates will use their best efforts to deliver Product purchased by Customer within 2 business days of the order acceptance. JetBrains or its Affiliate shall not be liable for any failure to deliver Product within this timeframe.
The Products shall be deemed delivered to Customer on the date when JetBrains or Affiliate sends the Product e-mail to the e-mail address provided by Customer. JetBrains or its Affiliate shall not be liable for any failure to deliver a Product to Customer if a Product e-mail bounces back.
TAXES AND DEDUCTIONS
Product prices do not include any national, state or local sales, use, value added or other taxes. Customer shall pay any such taxes, if applicable.
Customer bears sole responsibility for any withholding tax liabilities, and no deductions shall be made by Customer from the amount payable to JetBrains or its Affiliate under any invoice.
Purchases from the European Union ("EU") countries may be subject to the EU value added tax. Customers from the EU are responsible for providing a valid VAT ID, if any.
WITHDRAWAL AND REFUND
JetBrains provides an opportunity to evaluate any of its Products free of charge during a trial period specified in the applicable Terms of Use, and encourages Customer to fully evaluate Product prior to purchasing. Customer may withdraw from using Product at its sole discretion at any time before expiration of a free trial period.
Any refund request following the Product purchase date will be subject to the prior authorization by JetBrains or its Affiliate and acceptance of such request shall be at the sole discretion of JetBrains or Affiliate, unless otherwise provided by applicable law.
EXPORT CONTROL
Customer agrees and accepts that Products may be subject to import and export laws of any country, including those of the European Union and the United States (specifically the Export Administration Regulations ("EAR").
In accordance with the EAR, JetBrains Products typically:
a. Fall under the Export Control Classification Number (ECCN) 5D002;
b. May be exported under EAR to most destinations with No License Required ("NLR"). Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan or Syria.
Information provided under Section 7.2 is only intended for general information purposes and should not be construed as legal advice concerning the export control laws and regulations of any country. For details on export restrictions applicable to Products, Customer should refer to the laws and regulations of the relevant jurisdiction.
MISCELLANEOUS
No terms and conditions other than the terms and conditions contained herein shall be binding upon JetBrains and its Affiliates, unless accepted by JetBrains or its Affiliate in writing and signed by the duly authorized representative of JetBrains or its Affiliate. If Customer's terms and conditions of purchase are different from or in addition to these Purchase Terms, these Purchase Terms shall prevail and Customer’s terms are hereby rejected.
These Purchase Terms are subject to change at any time by JetBrains by posting the updated Purchase terms on the JetBrains website at www.jetbrains.com.
Customer declares having had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contracts" ("adhesion contracts") regulations shall not be applicable to these Purchase Terms.
If Customer places an order for Product directly with JetBrains, these Purchase Terms will be governed by the laws of Czech Republic, without reference to conflict of laws principles, and the parties agree that any litigation relating to this these Purchase Terms may only be brought in, and will be subject to the jurisdiction of, any Court of Czech
If Customer places an order for Product with any JetBrains Affiliate, these Purchase Terms will be governed by laws applicable in the country of the relevant Affiliate.
For any questions regarding these Purchase Terms, please contact JetBrains or its Affiliate.
TOOLBOX SUBSCRIPTION LICENSE AGREEMENT FOR OPEN SOURCE PROJECTS
Version 3, Effective as of September 9th, 2016
IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE "I AGREE" (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR PURCHASE, OR BYDOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING JETBRAINS SOFTWARE, SERVICES OR PRODUCTS, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
1. PARTIES
1.1. "JetBrains" or "We" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
1.2. "Licensee" or "You" means an open source development group specified in the Subscription Confirmation.
2. DEFINITIONS
2.1. "Agreement" means this Agreement.
2.2. "Product" for the purposes of this Agreement means any software provided under JetBrains Toolbox.
2.3. "Client" means a computer device used by Licensee for running Product.
2.4. JetBrains Account" or "JBA" means an account at https://account.jetbrains.com created by Licensee, having a unique name and password, and through which Licensee has access to Products in accordance with a Toolbox Subscription.
2.5. "JetBrains Toolbox" means all of JetBrains individual developer productivity software (as identified on the JetBrains website). JetBrains Toolbox does not include team productivity software or services such as YouTrack, TeamCity, UpSource, or Hub, or any other software, services or products other than those identified from time to time by JetBrains as individual developer productivity software.
2.6. "Subscription Confirmation" means an email confirming Licensee’s rights to access and use Products.
2.7. "Toolbox Subscription" specifies the subscription term and the set of Products covered by this Agreement.
2.8. "Authorized User" means a software developer or other open source development group member who is authorized by Licensee to use Products for the purpose of development of an open source project.
3. GRANT OF LICENSE
3.1. Unless Toolbox Subscription is expired or this Agreement is terminated in accordance with Section 10, and subject to the terms and conditions specified herein, JetBrains grants You a limited, non-exclusive and non-transferable license to use each Product covered by Toolbox Subscription for a period of 1 (one) year as follows:
(A) You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product;use Product by Authorized Users solely for the purpose of development of non-commercial open source projects that meet the Open Source Definition at http://www.opensource.org/docs/osd. The right to use Product for an"y other purposes is expressly prohibited; and
(ii) Make one backup copy of Product solely for archival purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense or transfer the Product, or provide access to the Product or Your JetBrains Account to a third party;
(ii) Reverse engineer, decompile, disassemble, modify, translate the Product, or make any attempt to discover the source code of the Product;
(iii) Remove or obscure any proprietary or other notices contained in the Product;
(iv) Use Products for any commercial purposes.
3.2. Products are made available on a limited license or access basis, and no ownership right is conveyed to You, irrespective of the use of terms such as "purchase" or "sale." JetBrains has and retains all right, title and interest, including all intellectual property rights, in and to the Products any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for JetBrains, including without limitation as they may incorporate Feedback (as defined below).
3.3. Licensee agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of Software by Authorized Users in an inappropriate manner or access to Products by unauthorized users.
4. ACCESS TO PRODUCTS
4.1. You must register for a JetBrains Account and have Internet access in order to access or receive Products, or to renew a subscription. Any registration information that You provide to Us via Your JetBrains Account must be accurate, current and complete. You must also update Your information so that We may send notices, statements and other information to You by email or through Your JetBrains Account. You are responsible for all actions taken through Your accounts.
4.2. You may use Your JetBrains Account credentials in the Product so We verify Your rights to use the Product online. Product will periodically connect to JetBrains servers to update this information including changes to JetBrains Account credentials and Toolbox Subscription plan.
4.3. Alternatively, You may use an offline activation code that You can download in Your JetBrains Account. In the event you use this option, it is Your responsibility to download a new activation code and apply it to the Product registration screen every time you make changes to the Toolbox Subscription or whenever a Toolbox Subscription is renewed.
4.4. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access Your JetBrains Account and to receive any deliveries. For the avoidance of doubt, You are responsible for Product download and installation.
5. LICENSE RENEWAL
5.1. Licensee may renew its license for another year by submitting a written request to Licensor 30 (thirty) days prior to the license expiration date.
5.2. If not agreed otherwise in writing between Licensor and Licensee, in the event of license renewal the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Product available at www.jetbrains.com on the day of license renewal.
6. FEEDBACK
You have no obligation to provide Us with ideas, suggestions, or proposals ("Feedback"). However, if You submit Feedback to us, then You grant Us a nonexclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
7. THIRD-PARTY SOFTWARE
7.1. The Products include code and libraries licensed to Us by third parties, including open source software ("Third-Party Software"). The list of Third-Party Software included in each Product is available in Product documentation. All Third-Party Software is licensed to You under the terms of their respective licenses locate in the Product documentation.
7.2. JETBRAINS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. LIMITED WARRANTY
ALL PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE SOFTWARE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LICENSOR (AND ITS AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) DOES NOT WARRANT THAT THE SOFTWARE IS ACCURATE, RELIABLE OR CORRECT, THAT THE PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS, THAT THE SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
9. DISCLAIMER OF DAMAGES
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JETBRAINS (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR JETBRAINS’ LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO OUR PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT, AND (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR SOFTWARE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.2. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO TEN (10) US DOLLARS. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. TERM AND TERMINATION
10.1. The term of this Agreement will commence upon acceptance of this Agreement by Licensee as set forth in the preamble above, and will continue for each Product through the end of the applicable subscription period specified in the respective Subscription Confirmation. This Agreement can be renewed under the terms set forth in Section 6 of this Agreement with respect to a Product for a successive Toolbox Subscription term, unless terminated as set forth herein.
10.2. You may terminate this Agreement at any time by cancelling the subscription for one or more Products via Your JetBrains Account. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period.
10.3. JetBrains may terminate this agreement if:
(A) Licensee has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) JetBrains is required to do so by law (for example, where the provision of the JetBrains Toolbox to Licensee is, or becomes, unlawful); or
(C) JetBrains elect to discontinue to provide JetBrains Toolbox, in whole or in part.
10.4. JetBrains will make reasonable effort to notify Licensee via an email as follows:
(A) Thirty (30) days prior to termination of the Agreement in the events specified in Clauses 10.3(B) and 10.3(C) above;
11. EXPORT REGULATIONS
Licensee shall comply with all applicable laws and regulations with regards to: economic sanctions; export controls; import regulations; and trade embargoes ("Sanctions"), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use Software for any end-use prohibited or restricted by Sanctions.
12. GENERAL
12.1. Entire Agreement. This Agreement, including the Third-Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between You and JetBrains regarding Your use of any JetBrains software covered by JetBrains Toolbox. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and JetBrains.
12.2. Reservation of Rights. JetBrains reserves the right at any time to cease the support of JetBrains Toolbox and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of JetBrains Toolbox.
12.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, We will use reasonable efforts to notify You (by, for example, sending an email to the billing or technical contact You provide to us, posting on our blog, through Your JetBrains Account, or via the Product itself). If We modify Agreement, the modified version of Agreement will be effective upon the next Toolbox Subscription term. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, You may cancel Toolbox Subscription. You may be required to click through the updated Agreement to show Your acceptance. For the avoidance of doubt, any Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
12.4. Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
12.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
12.6. No Waiver. Our failure to enforce or exercise any of this Agreement is not a waiver of that section.
12.7. Governing Law. This Agreement will be governed by the laws of Czech Republic, without regard to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any relevant competent court of Czech Republic.
12.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contracts" ("adhesion contracts") regulations shall not be applicable to this Agreement.
12.9. Notice. JetBrains may deliver any notice to Licensee via electronic mail to an email address provided by Licensee, JetBrains Account, registered mail, personal delivery or renowned express courier (such as DHL, Fedex or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Licensee via email, (ii) upon being uploaded to JetBrains Account (irrespective of when Licensee actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit by express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.
For exceptions or modifications to this Agreement, please contact JetBrains at:
Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic
Fax: +420 241 722 540
Email: sales@jetbrains.com
Jetty Project
Corporate Contributor License Agreement V1.1
based on http://www.apache.org/licenses/
Thank you for your interest in the Jetty project by Mort Bay Consulting
Pty. Ltd. Australia ("MortBay"). In order to clarify the intellectual
property license granted with Contributions from any person or entity,
MortBay must have a Contributor License Agreement ("CLA") that has been
signed by each Contributor, indicating agreement to the license terms
below. This license is for your protection as a Contributor as well as
the protection of MortBay and its users; it does not change your rights
to use your own Contributions for any other purpose.
This version of the Agreement allows an entity (the "Corporation") to
submit Contributions to Mort Bay, to authorize Contributions submitted by
its designated employees to Mort Bay, and to grant copyright and patent
licenses thereto.
If you have not already done so, please complete this agreement and
commit it to the Jetty repository at
svn+ssh://svn.jetty.codehaus.org/home/projects/jetty/scm/jetty at
LICENSES/ccla-CORPORATE-NAME.txt. If you do not have commit privilege to the
repository, please email the file to eclipse@eclipse.com. If possible,
digitally sign the committed file, otherwise send a signed Agreement
to MortBay.
Each developer covered by this agreement should have their name appended
the Schedule A and the copy commited to LICENSES/ccla-CORPORATE-NAME.txt
using their authenticated codehaus ssh login. If possible, digitally sign
the committed file, otherwise send a signed Agreement to MortBay.
Please read this document carefully before signing and keep a copy for
your records.
Corporation name:
Mailing Address:
Point of Contact:
Full name:
E-Mail:
Fax:
You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to MortBay. In return,
MortBay shall not use Your Contributions in a way that is contrary
to the software license in effect at the time of the Contribution.
Except for the license granted herein to MortBay and recipients of
software distributed by MortBay, You reserve all right, title, and
interest in and to Your Contributions.
1. Definitions.
"You" (or "Your") shall mean the copyright owner or legal entity
authorized by the copyright owner that is making this Agreement with
MortBay. For legal entities, the entity making a Contribution and all
other entities that control, are controlled by, or are under common
control with that entity are considered to be a single Contributor. For
the purposes of this definition, "control" means (i) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (ii) ownership of fifty percent
(50%) or more of the outstanding shares, or (iii) beneficial ownership
of such entity.
"Contribution" shall mean any original work of authorship,
including any modifications or additions to an existing work, that
is intentionally submitted by You to MortBay for inclusion in, or
documentation of, any of the products owned or managed by MortBay (the
"Work"). For the purposes of this definition, "submitted" means any
form of electronic, verbal, or written communication sent to MortBay
or its representatives, including but not limited to communication
on electronic mailing lists, source code control systems, and issue
tracking systems that are managed by, or on behalf of, MortBay for
the purpose of discussing and improving the Work, but excluding
communication that is conspicuously marked or otherwise designated
in writing by You as "Not a Contribution."
2. Grant of Copyright License. Subject to the terms and conditions
of this Agreement, You hereby grant to MortBay and to recipients of
software distributed by MortBay a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable copyright license to reproduce,
prepare derivative works of, publicly display, publicly perform,
sublicense, and distribute Your Contributions and such derivative
works.
3. Grant of Patent License. Subject to the terms and conditions of
this Agreement, You hereby grant to MortBay and to recipients of
software distributed by MortBay a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this section)
patent license to make, have made, use, offer to sell, sell, import,
and otherwise transfer the Work, where such license applies only to
those patent claims licensable by You that are necessarily infringed by
Your Contribution(s) alone or by combination of Your Contribution(s)
with the Work to which such Contribution(s) were submitted. If any
entity institutes patent litigation against You or any other entity
(including a cross-claim or counterclaim in a lawsuit) alleging
that your Contribution, or the Work to which you have contributed,
constitutes direct or contributory patent infringement, then any
patent licenses granted to that entity under this Agreement for that
Contribution or Work shall terminate as of the date such litigation
is filed.
4. You represent that You are legally entitled to grant the above
license. You represent further that each employee of the Corporation
designated on Schedule A below (or in a subsequent written modification
to that Schedule) is authorized to submit Contributions on behalf of
the Corporation.
5. You represent that each of Your Contributions is Your original creation
(see section 7 for submissions on behalf of others). You represent
that Your Contribution submissions include complete details of any
third-party license or other restriction (including, but not limited
to, related patents and trademarks) of which you are personally aware
and which are associated with any part of Your Contributions.
6. You are not expected to provide support for Your Contributions, except
to the extent You desire to provide support. You may provide support
for free, for a fee, or not at all. Unless required by applicable
law or agreed to in writing, You provide Your Contributions on an
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either
express or implied, including, without limitation, any warranties or
conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS
FOR A PARTICULAR PURPOSE.
7. Should You wish to submit work that is not Your original creation,
You may submit it to MortBay separately from any Contribution,
identifying the complete details of its source and of any license or
other restriction (including, but not limited to, related patents,
trademarks, and license agreements) of which you are personally
aware, and conspicuously marking the work as "Submitted on behalf of
a third-party: [named here]".
8. It is your responsibility to notify MortBay when any change is required
to the list of designated employees authorized to submit Contributions
on behalf of the Corporation, or to the Corporation's Point of Contact
with MortBay.
Date:
Signature:
Name:
Positions:
Schedule A
Name Date added
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
______________________________________ ________________
Jetty License
$Revision: 584 $
Preamble:
The intent of this document is to state the conditions under which the Jetty
Package may be copied, such that the Copyright Holder maintains some semblance
of control over the development of the package, while giving the users of the
package the right to use, distribute and make reasonable modifications to the
Package in accordance with the goals and ideals of the Open Source concept as
described at http://www.opensource.org.
It is the intent of this license to allow commercial usage of the Jetty package,
so long as the source code is distributed or suitable visible credit given or
other arrangements made with the copyright holders.
Definitions:
* "Jetty" refers to the collection of Java classes that are distributed as a
HTTP server with servlet capabilities and associated utilities.
* "Package" refers to the collection of files distributed by the Copyright
Holder, and derivatives of that collection of files created through textual
modification.
* "Standard Version" refers to such a Package if it has not been modified,
or has been modified in accordance with the wishes of the Copyright Holder.
* "Copyright Holder" is whoever is named in the copyright or copyrights for
the package. Mort Bay Consulting Pty. Ltd. (Australia) is the "Copyright Holder" for
the Jetty package.
* "You" is you, if you're thinking about copying or distributing this
Package.
* "Reasonable copying fee" is whatever you can justify on the basis of media
cost, duplication charges, time of people involved, and so on. (You will not be
required to justify it to the Copyright Holder, but only to the computing
community at large as a market that must bear the fee.)
* "Freely Available" means that no fee is charged for the item itself,
though there may be fees involved in handling the item. It also means that
recipients of the item may redistribute it under the same conditions they
received it.
0. The Jetty Package is Copyright (c) Mort Bay Consulting Pty. Ltd. (Australia)
and others. Individual files in this package may contain additional copyright
notices. The javax.servlet packages are copyright Sun Microsystems Inc.
1. The Standard Version of the Jetty package is available from
http://jetty.mortbay.org.
2. You may make and distribute verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you include
this license and all of the original copyright notices and associated
disclaimers.
3. You may make and distribute verbatim copies of the compiled form of the
Standard Version of this Package without restriction, provided that you include
this license.
4. You may apply bug fixes, portability fixes and other modifications derived
from the Public Domain or from the Copyright Holder. A Package modified in such
a way shall still be considered the Standard Version.
5. You may otherwise modify your copy of this Package in any way, provided that
you insert a prominent notice in each changed file stating how and when you
changed that file, and provided that you do at least ONE of the following:
a) Place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or an
equivalent medium, or placing the modifications on a major archive site such as
ftp.uu.net, or by allowing the Copyright Holder to include your modifications in
the Standard Version of the Package.
b) Use the modified Package only within your corporation or organization.
c) Rename any non-standard classes so the names do not conflict with
standard classes, which must also be provided, and provide a separate manual
page for each non-standard class that clearly documents how it differs from the
Standard Version.
d) Make other arrangements with the Copyright Holder.
6. You may distribute modifications or subsets of this Package in source code or
compiled form, provided that you do at least ONE of the following:
a) Distribute this license and all original copyright messages, together
with instructions (in the about dialog, manual page or equivalent) on where to
get the complete Standard Version.
b) Accompany the distribution with the machine-readable source of the
Package with your modifications. The modified package must include this license
and all of the original copyright notices and associated disclaimers, together
with instructions on where to get the complete Standard Version.
c) Make other arrangements with the Copyright Holder.
7. You may charge a reasonable copying fee for any distribution of this Package.
You may charge any fee you choose for support of this Package. You may not
charge a fee for this Package itself. However, you may distribute this Package
in aggregate with other (possibly commercial) programs as part of a larger
(possibly commercial) software distribution provided that you meet the other
distribution requirements of this license.
8. Input to or the output produced from the programs of this Package do not
automatically fall under the copyright of this Package, but belong to whomever
generated them, and may be sold commercially, and may be aggregated with this
Package.
9. Any program subroutines supplied by you and linked into this Package shall
not be considered part of this Package.
10. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
11. This license may change with each release of a Standard Version of the
Package. You may choose to use the license associated with version you are using
or the license of the latest Standard Version.
12. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. If any superior law implies a warranty, the sole remedy under such shall be,
at the Copyright Holders option either
a) return of any price paid or
b) use or reasonable endeavours to repair or replace the software.
14. This license shall be read under the laws of Australia.
The End
This license was derived from the Artistic license published on
http://www.opensource.com
JGraph General License
JGRAPH GENERAL LICENSE STATEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement
("License Agreement") between you (either as an individual or a single entity)
and JGraph Ltd. for the software product ("Software") identified above,
including any software, media, and accompanying on-line or printed
documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement,
JGraph Ltd. grants you the right to use the Software in the manner provided
below.
This Software is owned by JGraph Ltd. and is protected by copyright law and
international copyright treaty. Therefore, you must treat this Software like
any other copyrighted material (e.g., a book), except that you may either make
one copy of the Software solely for backup or archival purposes or transfer the
Software to a single hard disk provided you keep the original solely for backup
or archival purposes.
You may transfer the Software and documentation on a permanent basis provided
you retain no copies and the recipient agrees to the terms of the License
Agreement. Except as provided in the License Agreement, you may not transfer,
rent, lease, lend, copy, modify, translate, sublicense, time-share or
electronically transmit or receive the Software, media or documentation.
If you are not in receipt of the source code of the Software, you acknowledge
that the Software is a confidential trade secret of JGraph Ltd. and therefore
you agree not to reverse engineer, decompile, or disassemble the Software.
ADDITIONAL LICENSE TERMS FOR SOFTWARE
JGraph Ltd. grants to you as an individual, a personal, nonexclusive license
to install and use the Software for the sole purposes of designing, developing,
testing, and deploying application programs which you create. You may install
copies of the Software on computers in a manner consistent with the type of
license purchased. A Single Developer License may be installed on a computer
and be freely moved from one computer to another, providing that you have
purchased a number of Single Developer Licenses equivalent to the maximum
possible number of developers using that Software concurrently. A Site
Developer License may be installed on any number of computers and be used by
any number of developers at any time at one geographical location. A
geographical location is defined as a building or site occupied by the
employees of one company or organization.
If you are an entity, JGraph Ltd. grants you the right to designate
one individual within your organization ("Named User") to have the right to use
the Software in the manner provided above, in the case of the Single Developer
License.
GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTION
You may write and compile (including byte-code compile) your own application
programs using the Software, including any libraries and source code included
for such purpose with the Software. You may reproduce and distribute, in
executable form only, programs which you create using the Software and
accompanying Software libraries without additional license or fees, subject to
all of the conditions in this License Agreement.
ADDITIONAL REDISTRIBUTION TERMS FOR SOFTWARE
You may not distribute any program or file which includes, is created from, or
otherwise incorporates portions of the Software if such program or file is a
general purpose development tool, library, and/or component, or is otherwise
generally competitive with or a substitute for any JGraph Ltd. product.
SOURCE CODE
In addition to the license and rights granted, JGraph Ltd. grants you the
right to use and modify the SOFTWARE source provided you purchased source code.
You may not distribute the SOFTWARE source code, or any modified version or
derivative work of the SOFTWARE source code, in source code form.
The source code contained herein and in related files is provided to the
registered developer for the purposes of education and troubleshooting. Under
no circumstances may any portion of the source code be distributed, disclosed
or otherwise made available to any third party without the express written
consent of JGraph Ltd.
Under no circumstances may the source code be used in whole or in part, as the
basis for creating a product that provides the same, or substantially the same,
functionality as any JGraph Ltd. product.
The registered developer acknowledges that this source code contains valuable
and proprietary trade secrets of JGraph Ltd. The registered developer agrees
to expend every effort to insure its confidentiality.
SOURCE CODE IS SOLD AS IS. JGRAPH LTD. DOES NOT PROVIDE ANY TECHNICAL SUPPORT
FOR SOURCE CODE.
MARKETING
JGraph Ltd is permitted to reference you as a user of the Software in customer
lists on the JGraph web-site, in presentations to clients and at trade events.
LIMITED WARRANTY
JGraph Ltd. warrants that the Software, as updated and when properly used,
will perform substantially in accordance with the accompanying documentation,
and the Software media will be free from defects in materials and workmanship,
for a period of ninety (90) days from the date of receipt. Any implied
warranties on the Software are limited to ninety (90) days. Some
states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
This Limited Warranty is void if failure of the Software has resulted from
accident, abuse, or misapplication. Any replacement Software will be warranted
for the remainder of the original warranty period or thirty (30) days,
whichever is longer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JGRAPH LTD. AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL JGRAPH LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF JGRAPH LTD. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure
of the Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). JGraph Ltd. and
its suppliers specifically disclaim any express or implied warranty of fitness
for High Risk Activities.
GENERAL PROVISIONS
This License Agreement may only be modified in writing signed by you and
JGraph Ltd. If any provision of this License Agreement is found void or
unenforceable, the remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in
the Limited Warranty shall remain in effect.
GOVERNING LAW AND JURISDICTION
This Agreement shall be subject to and governed by the _Law of England and
Wales_. Any dispute arising out of or in connection with this Agreement shall
be exclusively dealt with by the courts of England and Wales. This License
Agreement gives you specific legal rights; you may have others which vary from
state to state and from country to country. JGraph Ltd. reserves all rights not
specifically granted in this License Agreement.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
Neither the name of JGraph Ltd nor the names of its contributors may be used
to endorse or promote products derived from this software without specific prior written permission.
Termination for Patent Action. This License shall terminate
automatically, as will all licenses assigned to you by the copyright
holders of this software, and you may no longer exercise any of the
rights granted to you by this license as of the date you commence an
action, including a cross-claim or counterclaim, against the
copyright holders of this software or any licensee of this software
alleging that any part of the JGraph, JGraphX and/or mxGraph software
libraries infringe a patent. This termination provision shall not
apply for an action alleging patent infringement by combinations of
this software with other software or hardware.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOFTWARE LICENSE AGREEMENT FOR JIDE SOFTWARE, INC.'S PRODUCTS
IMPORTANT - READ CAREFULLY: This JIDE Software, Inc. ("JIDE") Software License Agreement ("SLA") is a legal agreement between you (an individual developer or a company of software applications) and JIDE for the JIDE software product accompanying this SLA, which includes computer software and may include associated source code, media, printed materials, and "on-line" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not install, use, distribute in any manner, or replicate in any manner, any part, file or portion of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE PRODUCT is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any JIDE intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any products created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
2. GRANT OF LICENSE. This SLA, if legally executed as defined herein, licenses and so grants you the following rights:
A. Single Developer License. Single Developer License allows an individual developer to use APIs ("Application Programming Interface") provided by SOFTWARE PRODUCT in any number of projects that he or she is working on. A Single Developer License for the SOFTWARE PRODUCT may not be shared or used by more than one individual developer. In a project that uses the SOFTWARE PRODUCT, each individual developer on the project requires a separate Single Developer License as long as they need to write code using JIDE API.
B. Source Code License. In addition to the license and rights granted above, JIDE grants you the right to use and modify the JIDE source provided you licensed source code. Different from developer license, source code license is licensed to a team. Each team only needs to purchase one copy of source code license and share it among those developers who have their own Single Developer License.
I. JIDE shall retain all right, title and interest in and to all updates, modifications, enhancements and derivative works, in whole or in part, of the JIDE Source Code created by you, including all copyrights subsisting therein, to the extent such modifications, enhancements or derivative works contain copyrightable code or expression derived from the JIDE source code; provided, however, that JIDE grants to you a fully-paid, royalty free license, to use copy and modify such updates, modifications, enhancements and derivative works or copies thereof for use as authorized in this LICENSE.
II. You may not distribute the JIDE source code, or any modified version or derivative work of the JIDE source code, in source code form.
III. JIDE require all developers in your project who plan to access JIDE source code signing on the source code license. As long as they signed, they become registered developers. An alternative to this is to let a delegate signs source code license as an organization. The delegate will be responsible for letting other developers who plan to access the source code reviewing this license agreement first before releasing them the access.
IV. The source code contained herein and in related files is provided to the registered developer for the purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express written consent of JIDE.
V. Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any JIDE products.
VI. The registered developer acknowledges that this source code contains valuable and proprietary trade secrets of JIDE. The registered developer agrees to expend every effort to insure its confidentiality. For example, under no circumstances may the registered developer allow to put the source code on an internal network where he or she has no control.
VII. Due to the insecurity of Java byte-code, if you plan to use classes that built from the source code directly, you must agree to obfuscate the classes before distributing it to your customers.
VIII. SOURCE CODE IS SOLD AS IS. JIDE DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
C. Annual Maintenance Renewal. Maintenance includes both technical support and product updates. The initial purchase of Single Developer License includes three month maintenance for free. After that period, you need to purchase Annual Maintenance Renewal in order to continue receiving technical support, product updates.
D. Deployment License. There is no deployment license fee unless the number of your application deployments is larger than 1000 times of the number of developer licenses you purchased and you are unwilling to acknowledge using JIDE. You can acknowledge using JIDE by showing JIDE name and/or logo in about dialog, or splash screen or including this SLA in a license folder of your product release where has the licenses for all 3rd party libraries you are using or any other places where users can easily notice. If you are unwilling to acknowledge using JIDE, a one-time, perpetual deployment license fee will be applicable.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
. Not for Resale Software. The SOFTWARE PRODUCT is labeled and provided as "Not for Resale" or "NFR", then, notwithstanding other sections of this SLA, you may not resell, distribute, or otherwise transfer for value or benefit in any manner, the SOFTWARE PRODUCT or any derivative work using the SOFTWARE PRODUCT. You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT, media or documentation. This also applies to any and all intermediate files, source code, and compiled executables.
A. Expose APIs. The SOFTWARE PRODUCT is a software library. The exposed APIs is intended to be used by the licensed developers only. If such an exposing of APIs is unavoidable in your application or intended due to the nature of your application, please contact JIDE for a special agreement and is subject to extra charge to get such permission. Exposing the APIs to non-licensed developers without JIDE permission is strictly prohibited.
B. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the SOFTWARE PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
C. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
D. Separation of Components, Their Constituent Parts and Redistributables. The SOFTWARE PRODUCT is licensed as a single product. The SOFTWARE PRODUCT and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled, nor placed for distribution, sale, or resale as individual creations by you or any individual not expressly given such permission by JIDE. The provision of source code, if included with the SOFTWARE PRODUCT, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All JIDE libraries, source code, redistributables and other files remain JIDE's exclusive property. You may not distribute any files, except those that JIDE has expressly designated as Redistributable.
The SOFTWARE PRODUCT may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include jar file (or class files if you intend to package all JIDE classes into your own jar). Developer Guide of SOFTWARE PRODUCT (if any) or any other documents (such as javadoc) which are intended to teach you how to use the SOFTWARE PRODUCT, and sample code are not considered as redistributables. Subject to all of the terms and conditions in this SLA, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the SOFTWARE PRODUCT or the copy transferred to a hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this SLA that you have created using the SOFTWARE PRODUCT. You may reformat or recombine the original distribution format of redistributables provided by JIDE. However JIDE will not support or have any liability for such use.
E. Installation and Use. The license granted in this SLA for you to create your own compiled programs and distribute your programs and the Redistributables (if any), is subject to all of the following conditions:
I. All copies of the programs you create must bear a valid copyright notice, either your own or the JIDE copyright notice that appears on the SOFTWARE PRODUCT.
II. You may not remove or alter any JIDE copyright, trademark or other proprietary rights notice contained in any portion of JIDE libraries, source code, Redistributables or other files that bear such a notice.
III. JIDE provides no warranty at all to any person, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact JIDE for such services or assistance.
IV. Your programs containing the SOFTWARE PRODUCT must be written using a licensed, registered copy of the SOFTWARE PRODUCT.
V. Your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the SOFTWARE PRODUCT.
A. Support Services. JIDE may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by JIDE policies and programs described in the user manual, in on-line documentation and/or other JIDE provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this SLA. With respect to technical information you provide to JIDE as part of the Support Services, JIDE may use such information for its business purposes, including for product support and development.
B. Software Transfer. You may NOT permanently or temporarily transfer ANY of your rights under this SLA to any individual or entity. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, redistributables, and/or other files of the SOFTWARE PRODUCT (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed end user have the right to use the libraries, redistributables, or other files of the SOFTWARE PRODUCT (or any portions thereof) for developing programs created with the SOFTWARE PRODUCT. In particular, you may not share copies of the Redistributables with other co-developers. If you leave the company or go to another group where JIDE is no longer used, you may transfer the license to another developer within the team. After the transfer, you are no longer allowed to use SOFTWARE PRODUCT.
C. Termination. Without prejudice to any other rights or remedies, JIDE will terminate this SLA upon your failure to comply with all the terms and conditions of this SLA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology with the next generally available release from any applications using technology contained in the SOFTWARE PRODUCT developed by you, whether in native, altered or compiled state.
D. Time Limitation: There is no time limitation on using the SOFTWARE PRODUCT as long as you don't violate this license agreement.
4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use the SOFTWARE PRODUCT identified by JIDE as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for your eligibility for the upgrade, and together constitute a single SOFTWARE PRODUCT. You may use the resulting upgraded SOFTWARE PRODUCT only in accordance with all the terms of this SLA.
5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by JIDE or its subsidiaries. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT for use by you, a single developer. You may not copy any printed materials accompanying the SOFTWARE PRODUCT.
6. GENERAL PROVISIONS. This SLA may only be modified in writing signed by you and an authorized officer of JIDE. If any provision of this SLA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
7. MISCELLANEOUS. If you acquired this product in the United States, this SLA is governed by the laws of the State of CA.
If this SOFTWARE PRODUCT was acquired outside the United States, then you, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, you agree that any local law(s) to the benefit and protection of JIDE ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.
Should you have any questions concerning this SLA, or if you desire to contact JIDE for any reason, please contact us via our support web pages at http://www.jidesoft.com/.
8. NO WARRANTIES. JIDE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JIDE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, ATTORNEY FEES AND COURT COSTS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For CUSTOMER For JIDE Software, Inc.
Signature: Signature:
Name Name:
Title: Title:
Date: Date:
This software module was originally developed by Raphaël Grosbois and
Diego Santa Cruz (Swiss Federal Institute of Technology-EPFL); Joel
Askelöf (Ericsson Radio Systems AB); and Bertrand Berthelot, David
Bouchard, Félix Henry, Gerard Mozelle and Patrice Onno (Canon Research
Centre France S.A) in the course of development of the JPEG2000
standard as specified by ISO/IEC 15444 (JPEG 2000 Standard).
This software module is an implementation of a part of the JPEG 2000 Standard.
Swiss Federal Institute of Technology-EPFL, Ericsson Radio
Systems AB and Canon Research Centre France S.A (collectively JJ2000
Partners) agree not to assert against ISO/IEC and users of the JPEG
2000 Standard (Users) any of their rights under the copyright, not
including other intellectual property rights, for this software module
with respect to the usage by ISO/IEC and Users of this software module
or modifications thereof for use in hardware or software products
claiming conformance to the JPEG 2000 Standard. Those intending to use
this software module in hardware or software products are advised that
their use may infringe existing patents. The original developers of
this software module, JJ2000 Partners and ISO/IEC assume no liability
for use of this software module or modifications thereof. No license
or right to this software module is granted for non JPEG 2000 Standard
conforming products. JJ2000 Partners have full right to use this
software module for his/her own purpose, assign or donate this
software module to any third party and to inhibit third parties from
using this software module for non JPEG 2000 Standard conforming
products. This copyright notice must be included in all copies or
derivative works of this software module.
JMAGNETIC Licence Agreement
This is a legal agreement between you and Stefan Meier covering your use of JMagnetic. Be sure to read the following agreement before using the software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
The JMagnetic application, the JMagnetic class package, all accompanying documentation and source code (collectively referred to as "the JMagnetic Software") are copyright (c) 1998-99, Stefan Meier. The JMagnetic Software may be redistributed freely under the following conditions:
(1) That no profit is made from the sale or distribution of the JMagnetic Software
(2) That the source code of the JMagnetic Software, or any portion thereof, not be modified in any way or incorporated into any other software without pemission.
(3) That this legal statement be distributed unmodified with the JMagnetic Software, and that Stefan Meier be credited for its authorship.
With that said, anyone who wishes to include any of my code in their own or who wishes to base a new application on this code is encouraged to contact me. Commercial usage or redistribution of the JMagnetic software is strictly prohibited. Inquiries on commercial distribution of Magnetic Scrolls related products should be directly send to Ken Gordon.
The JMagnetic software and related documentation are provided "AS IS" and without warranty of any kind and the author expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Stefan Meier be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Stefan Meier has been advised of the possibility of such damages.
JoinBase Community Edition License Agreement
Please read these terms and conditions carefully before downloading or using the software accompanying this agreement. By downloading or using the software in any way, you agree to use the software solely in accordance with the following terms and conditions of this agreement.
This JoinBase Software License Agreement (this "Agreement") is a legally binding contract between you and (hereinafter referred as JoinBase Developers) and governs your use of the JoinBase Software (as defined below). "JoinBase Software", means the software developed and provided by JoinBase Developers. "JoinBase Developers", means the people or organizations who develope the JoinBase Software and provide the JoinBase Software under this Agreement.
You warrant that you are at least eighteen years old and that you have the legal capacity to enter into contracts. If you are entering into this agreement on behalf of a company, organization, other entity or their affiliates, then (a) “you” as used herein additionally refers to that company, organization, entity or their affiliates; (b) you represent and warrant that you have the authority to bind such company, organization, or entity to the terms and conditions set forth herein; (c) no authorization or approval from any third party is required in connection with your execution, delivery or performance of this agreement; and (d) the execution, delivery and performance of the agreement does not and will not violate the terms or conditions of any other agreement to which you are a party or by which it is otherwise bound, or any applicable law or regulation. If you do not agree to any terms of this agreement or if you do not have such authority to execute this agreement, you must immediately cease using the JoinBase Software and uninstall and delete all copies.
Application, Term and Termination of Agreement. By installing or otherwise using the JoinBase Software, you agree to the terms of this agreement and you agree to be bound by this agreement as of the date of downloading the JoinBase Software or the date of such installment or use of the JoinBase Software. This Agreement will continue to apply until (a) you terminate this Agreement at any time by uninstalling and deleting all copies of the JoinBase Software in your possession or control; or (b) JoinBase Developers terminates this Agreement. JoinBase Developers may terminate this Agreement at any time for any reason (including but not limited to your breach of this Agreement) by providing you with notice. If JoinBase Developers notify you of our termination, you must uninstall and delete all copies of the JoinBase Software in your possession or control.
License Grant. The JoinBase Software is licensed, not sold, to you. During the term of this Agreement and subject to your compliance with this Agreement, JoinBase Developers grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to install and use the JoinBase Software at no charge for your internal business purposes and to develop or commercialize products that interact with the JoinBase Software, except the license as expressly stated herein, all related intellectual property rights with the JoinBase Software, will remain with JoinBase Developers.
Your Responsibilities. If the JoinBase Software includes any software in binary or any other formats than source codes, you may not, and you agree not to or enable others to, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the JoinBase Software, or any part thereof. You shall comply with applicable laws in connection with your use of JoinBase Software, including any applicable U.S. export regulations and anti-corruption laws.
Disclaimer of Warranties. to the maximum extent permitted by applicable law: (a) use of any JoinBase Software is at your sole risk and the entire risk as to satisfactory quality, performance, accuracy and effort is with you; (b) the JoinBase Software is licensed to you on an “as is” and “as available” basis, with all faults and without warranty of any kind, and JoinBase Developers disclaim all warranties, either express, implied or statutory, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, availability and non-infringement; and (c) without limiting the foregoing, JoinBase Developers do not warrant that the software will meet your requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected. no information or advice given by us will create any warranty.
Limitation of Liability. To the maximum extent permitted by applicable law: in no event will JoinBase Developers be liable for any direct, incidental, special, indirect or consequential damages whatsoever, or damages for loss of profits, loss of data, loss of goodwill, business interruption or any other damages or losses, arising out of or related to your use or inability to use the JoinBase Software.
**JOPLIN SERVER PERSONAL USE LICENSE**
v.1: 21 December 2021
This Joplin Server Personal Use License (the "**License**") is a legally binding
agreement between JOPLIN registered under the laws of France (the
"**Licensor**"), the owner of the server entitled "Joplin Server", the related
software applications, and services (collectively, the "**Software**") and an
individual user accessing the Software (the "**Licensee**") (each individually
a "**Party**" and collectively, the "**Parties**").
# 1. Acceptance of the License
* **1.1** By accessing or otherwise using the Software, the Licensee confirms
that the Licensee has read the License, accepts the terms of the License, and
agrees to become legally bound by the License.
* **1.2** If the Licensee is entering into the License on behalf of a legal
entity, the Licensee represents that the Licensee has the authority and the
necessary capacity to bind such entity and its affiliates to the terms of the
License.
* **1.3** If the Licensee does not have the authority specified in section 1.2
or if the Licensee does not agree with one or more provisions of the License,
the Licensee is not allowed to access the Software and the Licensee must not
accept the License.
* **1.4** By using the Software, the Licensee acknowledges, agrees, and warrants
that the Licensee:
* i. Shall comply with the terms of the License and all applicable local,
state, national and foreign laws, treaties, and regulations;
* ii. Shall provide only true, accurate, complete, and up-to-date
information; and
* iii. Has the capacity to conclude legally binding contracts with the
Licensor.
# 2. Grant of RIGHTS
* **2.1** The Licensor hereby grants the Licensee a worldwide, non-exclusive,
royalty free, and revocable license to access and use the Software in
accordance with the terms of this License and the applicable laws.
* **2.2** Subject to the terms of the License, the Licensee is entitled to
access and use the Software for non-commercial purposes for taking personal
and professional notes, sharing notes with other users of the Software, and
synchronising data.
* **2.3** Unless authorised by the Licensor in writing, the Software may be used
for personal non-commercial purposes only. The Licensee is allowed to grant
access to the Software to others for non-commercial purposes, provided that
(i) the Licensee is not a business entity, (ii) the Licensee or the third
party to which the access is granted does not use the Software to generate
profits of any kind, and (iii) the Software is used for non-commercial
purposes only. The Licensee is not allowed to: (i) use the Software for
commercial purposes and (ii) grant others the right to use the Software for a
fee or for any commercial purposes, including, without limitation, copying,
reproducing, publishing, transmitting, transferring, selling, renting,
modifying, creating derivative works from, distributing, reposting,
performing, displaying, or in any other way commercially exploiting the
Software without prior written authorisation from the Licensor. By way of
illustration, the Licensee is not allowed to:
1. Install the Software on Licensee's infrastructure and charge others for
the use of the Software;
2. Install the Software behind a proxy and charge others for the use of the
Software;
3. Install the Software on a Licensee's or third party's server and provide
access to the Software to third parties (a) for a fee or (b) free of
charge, if the said third parties may use the Software for commercial
purposes;
4. Grant access to the Software to others for a fee or for any commercial
purposes;
5. Grant access to the Software to others for a fee or free of charge if
the Licensee is a legal or natural person engaged in commercial
activities; or
6. Use the Software or grant other the right to use the Software in a way
that generates income or commercial profits.
* **2.4** This License does not govern any commercial use of the Software, as
authorised by the Licensor.
* **2.5** The Software is licensed and not sold. By accepting the License, the
Licensee obtains the right to use the Software and not the ownership of the
Software.
* **2.6** The Licensor reserves any rights not expressly granted to the
Licensee under this License.
* **2.7** The Licensee is allowed to make a reasonable number of copies of the
Software, as and if necessary for the purposes set forth herein, provided that
only complete copies of the Software are made, including without limitation
all "read me" files, copyright notices, and other legal notices and terms
included in the Software.
* **2.8** The Licensee is permitted to load and run the Software on any device,
network or cloud virtual machines under Licensee's control (collectively, the
"**Devices**"), if such Devices are compatible with the Software. The Licensee
is solely responsible for assessing the compatibility of the Devices to be
used with the Software.
* **2.9** It is Licensee's sole responsibility to verify and assess the
suitability, validity and integrity of the Software prior to using it and to
decide whether or not the Software fits for the intended use.
* **2.10** The Licensor reserves the right to grant the right to use the
Software to third parties.
* **2.11** The Licensee acknowledges and agrees that any use of the Software
that is prohibited by this License may be unlawful and may result in
Licensee's criminal liability.
# 3. Covered Software and services
* **3.1** The License applies only to the Software as provided to the Licensee
by the Licensor. The License also applies to updates, supplements, and support
services related to the Software, or any other services provided in relation
to the Software, unless other terms and conditions have been provided thereto.
* **3.2** Any software or services that are not provided by the Licensor are
not covered by this License. Such Software and services are subject to the
terms and conditions set by the respective third party and the Licensee is
solely responsible for obtaining, agreeing to, and complying with the
respective terms and conditions at its own cost and expense.
* **3.3** The Licensor reserves the right, but is not under any obligation, to
provide paid or free-of-charge updates and technical support services with
regard to the Software, including fixing bugs and errors, and the possibility
to use new versions of the Software.
# 4. Intellectual property and ownership
* **4.1** All title and copyright in and to the Software (including, but not
limited to, any source code, images, graphics, photographs, animations, video,
audio, music, text, and applets, incorporated in the Software) are owned by
the Licensor. The Software is protected by the English copyright laws and
international treaties. The Licensee is not allowed to incorporate any portion
of the Software into other programs or compile any portion of it in
combination with other programs, or otherwise copy (except to exercise rights
granted in this License), modify, create derivative works of, distribute,
assign any rights to, or license the Software in whole or in part.
* **4.2** The Licensee is not permitted to, without obtaining prior written
authorisation from the Licensor, to use the trade names, trademarks, service
marks or product names of the Licensor, except as required for the use of the
Software.
* **4.3** The Licensor has made all efforts possible to avoid the Software
being subject to the rights of third parties, in particular that its use does
not infringe patents, copyrights or other intellectual property rights of
third parties. However, the Licensor does not guarantee that the Software is
not subject to the rights of third parties. The Licensee agrees to notify the
Licensor immediately and in writing if any third party asserts an infringement
claim against the Licensee in connection with the Software.
* **4.4** By submitting any content through the Software (the "Licensee's
Content"), the Licensee grants the Licensor unrestricted, sub-licensable,
royalty-free, perpetual, and irrevocable rights to process the Licensee's
Content for the purposes of providing the Licensee with the Software and
carrying out Licensor's legitimate business interests.
* **4.5** The Licensee is not permitted to remove any copyright or other
proprietary notices and legends.
# 5. PRIVACY AND DATA PROTECTION
* **5.1** The Licensor does not have access in any manner to the Licensee's
Content. Therefore, the Licensee is solely responsible for creating, keeping
and maintaining any backup copies of any Licensee's Content or other
information submitted to, through, or in relation to the Software.
The Parties agree to individually comply with the applicable data protection
laws pertaining to the Software.
# 6. AVAILABILITY
* **6.1** The availability of the Software may be affected by factors, which
the Licensor cannot reasonably control, such as bandwidth problems, equipment
failure, acts and omissions of our third-party service providers, or *force
majeure* events. The Licensor takes no responsibility for the unavailability
of the Software caused by such factors.
# 7. Limitation of liability and disclaimer of warranties
* **7.1** To the extent permitted by the applicable law, the Licensor expressly
disclaims all warranties, express or implied, for the Software. The Licensor
provides the Software on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
ANY KIND, either express or implied, including, without limitation, any
warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or
FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or
performance of the Software remains with the Licensee.
* **7.2** In no event shall the Licensor be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the Licensee's Content, the use of or inability to use the
Software, even if the Licensor has been advised of the possibility of such
damages.
* **7.3** The Licensee is solely responsible for determining the
appropriateness of the Software and assumes any risks associated with
Licensee's exercise of permissions under the License.
* **7.4** Third-party content or services are not covered by this License. The
Licensee shall ensure Licensee's compliance with any terms set forth by the
respective third parties at its own risk, cost and expense. To the maximum
extent permitted by law, the Licensor excludes any liability for any loss or
damage resulting from the acts and omissions of such third-party service
providers.
# 8. Governing Law AND DISPUTE RESOLUTION
* 8.1 This License and any disputes arising out of or in connection with the
License and the Software shall be governed by and construed in accordance with
the laws of France. Unless otherwise provided by the applicable law, all
disputes arising out of or in connection with the License shall be submitted
to the exclusive jurisdiction of the courts in London, the United Kingdom.
# 9. FINAL PROVISIONS
* **9.1** **Indemnification.** The Licensee shall indemnify the Licensor at
Licensee's expense if any claims are asserted by a third party against the
Licensor by reason of Licensee's misconduct or breach of any terms of the
License, including failed adherence by the Licensee with any applicable laws,
including, whether express or implied.
* **9.2** **Severability.** The unenforceability of any single provision of
this License shall not affect any other provision hereof. Where such a
provision is held to be unenforceable, the Parties shall use their best
endeavours to negotiate and agree upon an enforceable provision, which
achieves, to the greatest extent possible, the economic, legal and commercial
objectives of the unenforceable provision.
* **9.3** **Waiver.** A failure of either Party to enforce strictly a provision
of this License shall in no event be considered a waiver of any part of such
provision. No waiver by either Party of any breach or default by the other
party shall operate as a waiver of any succeeding breach or other default or
breach by such other Party. No waiver shall have any effect unless it is
specific, irrevocable and in writing.
* **9.4** **Term and termination.** The License shall commence upon Licensee's
access to the Software and continue until terminated by the Licensor. Upon
termination of the License, the Licensee agrees to (i) stop all access and use
of the Software and (ii) destroy all copies of the Software and all its
component parts (if any) stored on the Devices. The provisions of the License
that, by their nature, continue and survive will survive any termination of
the License.
* **9.5** **Amendments.** The Licensor reserves the right, at its sole
discretion, to change or modify this License at any time by sending a prior
notification to the Licensee (if the contact details of the Licensee are
available to the Licensor). Any modifications to the License shall become
effective on the date indicated at the top of the amended License. By
continuing to use the Software after the date on which the modifications were
communicated, the Licensee agrees to be bound by the modified License. The
Licensor reserves the right to change or discontinue the Software and any
feature thereof with or without a prior notice to the Licensee.
* **9.6** **Entire agreement.** This License constitutes the entire
understanding between the Parties with respect to the subject matter thereof
and supersedes all prior agreements, negotiations and discussions between the
Parties relating thereto.
* **9.7** **Transfer of rights.** The Licensee is not allowed to assign
Licensee's rights under the License. The Licensor is entitled to transfer its
rights and obligations under the License entirely or partially to a third
party by giving a prior notice to the Licensee. If the Licensee does not agree
to the transfer, the Licensee can terminate this License by ceasing to use the
Software.
* **9.8** **Contact.** For general enquiries and commercial licenses to use the
Software, please contact the Licensor directly.
***
Jabber Open Source License
Version 1.0
This Jabber Open Source License (the "License") applies to Jabber Server and related software products as well as any updates or maintenance releases of that software ("Jabber Products") that are distributed by Jabber.Com, Inc. ("Licensor"). Any Jabber Product licensed pursuant to this License is a Licensed Product. Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and has been approved by Open Source Initiative. Software distributed under this License may be marked as "OSI Certified Open Source Software."
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time. You may choose to continue to use the license terms in this version of the License or those from the new version. However, only the Licensor has the right to change the License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein.No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications.As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder.However, you may include an additional document offering the additional rights described in Section 4(e).
b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of said Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
c. Description of Modifications. You must cause any Modifications that you create or to which you contribute, and which you distribute, to contain a file documenting the additions, changes or deletions you made to create or contribute to those Modifications, and the dates of any such additions, changes or deletions. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Product and include the names of the Licensor and any Contributor to the Licensed Product in (i) the Source Code and (ii) in any notice displayed by a version of the Licensed Product you distribute or in related documentation in which you describe the origin or ownership of the Licensed Product.You may not modify or delete any preexisting copyright notices in the Licensed Product.
d. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to 4(d)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
e. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product.If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product.However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
f. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(e) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), (iii) you retain all existing copyright notices in the Licensed Product, and (iv) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
g. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
5. Inability to Comply Due to Statute or Regulation.If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect.Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement.If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa Clara County, California, with the losing party responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License.You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor:Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
License:This Jabber Open Source License. (See first paragraph of License)
Licensed Product:Any Jabber Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor:Jabber.Com, Inc. (See first paragraph of License)
Licensed Product:Any Jabber Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor:Jabber.Com, Inc. (See first paragraph of License)
Modifications:Any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Notice:The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See Section 1(a))
You:This term is defined in Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any nereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the Jabber Open Source License Version 1.0 (the License). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.jabber.com/license/ or at http://www.opensource.org/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
Copyrights:
Portions created by or assigned to Jabber.com, Inc. are Copyright (c) 1999-2000 Jabber.com, Inc. All Rights Reserved. Contact information for Jabber.com, Inc. is available at http://www.jabber.com/.
Portions Copyright (c) 1998-1999 Jeremie Miller.
Acknowledgements
Special thanks to the Jabber Open Source Contributors for their suggestions and support of Jabber.
Modifications:
JOVE is provided by Jonathan and Jovehacks without charge and without
warranty. You may copy, modify, and/or distribute JOVE, provided that
this notice is included in all the source files and documentation.
This software module was originally contributed by Microsoft
Corporation in the course of development of the
ITU-T T.832 | ISO/IEC 29199-2 ("JPEG XR") format standard for
reference purposes and its performance may not have been optimized.
This software module is an implementation of one or more
tools as specified by the JPEG XR standard.
ITU/ISO/IEC give You a royalty-free, worldwide, non-exclusive
copyright license to copy, distribute, and make derivative works
of this software module or modifications thereof for use in
products claiming conformance to the JPEG XR standard as
specified by ITU-T T.832 | ISO/IEC 29199-2.
ITU/ISO/IEC give users the same free license to this software
module or modifications thereof for research purposes and further
ITU/ISO/IEC standardization.
Those intending to use this software module in products are advised
that its use may infringe existing patents. ITU/ISO/IEC have no
liability for use of this software module or modifications thereof.
Copyright is not released for products that do not conform to
to the JPEG XR standard as specified by ITU-T T.832 |
ISO/IEC 29199-2.
Microsoft Corporation retains full right to modify and use the code
for its own purpose, to assign or donate the code to a third party,
and to inhibit third parties from using the code for products that
do not conform to the JPEG XR standard as specified by ITU-T T.832 |
ISO/IEC 29199-2.
This copyright notice must be included in all copies or derivative
works.
JPL Image Use Policy
Unless otherwise noted, images and video on JPL public web sites
(public sites ending with a jpl.nasa.gov address) may be used
for any purpose without prior permission, subject to the special
cases noted below. Publishers who wish to have authorization may
print this page and retain it for their records; JPL does not
issue image permissions on an image by image basis.
By electing to download the material from this web site the user agrees:
1. that Caltech makes no representations or warranties with respect to
ownership of copyrights in the images, and does not represent others
who may claim to be authors or owners of copyright of any of the images,
and makes no warranties as to the quality of the images. Caltech shall
not be responsible for any loss or expenses resulting from the use of
the images, and you release and hold Caltech harmless from all liability
arising from such use.
2. to use a credit line in connection with images. Unless otherwise noted
in the caption information for an image, the credit line should be
"Courtesy NASA/JPL-Caltech."
3. that the endorsement of any product or service by Caltech, JPL or NASA
must not be claimed or implied.
Special Cases:
* Prior written approval must be obtained to use the NASA insignia logo
(the blue "meatball" insignia), the NASA logotype (the red "worm" logo)
and the NASA seal. These images may not be used by persons who are not
NASA employees or on products (including Web pages) that are not NASA
sponsored. In addition, no image may be used to explicitly or implicitly
suggest endorsement by NASA, JPL or Caltech of commercial goods or services.
Requests to use NASA logos may be directed to Bert Ulrich, Public Services
Division, NASA Headquarters, Code POS, Washington, DC 20546,
telephone (202) 358-1713, fax (202) 358-4331, email bert.ulrich@hq.nasa.gov.
* Prior written approval must be obtained to use the JPL logo
(stylized JPL letters in red or other colors). Requests to use the JPL logo
may be directed to the Institutional Communications Office,
email instcomm@jpl.nasa.gov.
* If an image includes an identifiable person, using the image for commercial
purposes may infringe that person's right of privacy or publicity,
and permission should be obtained from the person. NASA and JPL generally
do not permit likenesses of current employees to appear on commercial products.
For more information, consult the NASA and JPL points of contact listed above.
* JPL/Caltech contractors and vendors who wish to use JPL images in advertising
or public relation materials should direct requests to the Institutional
Communications Office, email instcomm@jpl.nasa.gov.
* Some image and video materials on JPL public web sites are owned by organizations
other than JPL or NASA. These owners have agreed to make their images and video
available for journalistic, educational and personal uses, but restrictions are
placed on commercial uses. To obtain permission for commercial use, contact the
copyright owner listed in each image caption. Ownership of images and video by
parties other than JPL and NASA is noted in the caption material with each image.
By using this file, you agree to the terms and conditions set forth bellow.
LICENSE TERMS AND CONDITIONS
The following License Terms and Conditions apply, unless a different
license is obtained from Japan Network Information Center ("JPNIC"),
a Japanese association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda,
Chiyoda-ku, Tokyo 101-0047, Japan.
1. Use, Modification and Redistribution (including distribution of any
modified or derived work) in source and/or binary forms is permitted
under this License Terms and Conditions.
2. Redistribution of source code must retain the copyright notices as they
appear in each source code file, this License Terms and Conditions.
3. Redistribution in binary form must reproduce the Copyright Notice,
this License Terms and Conditions, in the documentation and/or other
materials provided with the distribution. For the purposes of binary
distribution the "Copyright Notice" refers to the following language:
"Copyright (c) 2000-2002 Japan Network Information Center. All rights
reserved."
4. The name of JPNIC may not be used to endorse or promote products
derived from this Software without specific prior written approval of
JPNIC.
5. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY JPNIC
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JPNIC BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using this file, you agree to the terms and conditions set forth bellow.
LICENSE TERMS AND CONDITIONS
The following License Terms and Conditions apply, unless a different
license is obtained from Japan Network Information Center ("JPNIC"),
a Japanese association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda,
Chiyoda-ku, Tokyo 101-0047, Japan.
1. Use, Modification and Redistribution (including distribution of any
modified or derived work) in source and/or binary forms is permitted
under this License Terms and Conditions.
2. Redistribution of source code must retain the copyright notices as they
appear in each source code file, this License Terms and Conditions.
3. Redistribution in binary form must reproduce the Copyright Notice,
this License Terms and Conditions, in the documentation and/or other
materials provided with the distribution. For the purposes of binary
distribution the "Copyright Notice" refers to the following language:
"Copyright (c) Japan Network Information Center. All rights reserved."
4. Neither the name of JPNIC may be used to endorse or promote products
derived from this Software without specific prior written approval of
JPNIC.
5. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY JPNIC
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JPNIC BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification by Licensee
Any person or entities using and/or redistributing this Software under
this License Terms and Conditions shall defend indemnify and hold
harmless JPNIC from and against any and all judgements damages,
expenses, settlement liabilities, cost and other liabilities of any
kind as a result of use and redistribution of this Software or any
claim, suite, action, litigation or proceeding by any third party
arising out of or relates to this License Terms and Conditions.
7. Governing Law, Jurisdiction and Venue
This License Terms and Conditions shall be governed by and and
construed in accordance with the law of Japan. Any person or entities
using and/or redistributing this Software under this License Terms and
Conditions hereby agrees and consent to the personal and exclusive
jurisdiction and venue of Tokyo District Court of Japan.
TERMS AND CONDITIONS
FOR
OPEN SOURCE CODE LICENSE
Version 1.1
Japan Registry Services Co., Ltd. ("JPRS"), a Japanese corporation
having its head office at Chiyoda First Bldg. East 13F 3-8-1 Nishi-Kanda,
Chiyoda-ku, Tokyo 101-0065, Japan, grants you the license for open source
code specified in EXHIBIT A the "Code" subject to the following Terms and
Conditions ("OSCL").
1. License Grant.
JPRS hereby grants you a worldwide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or
trademark) licensable by JPRS to use, reproduce, modify, display,
perform, sublicense and distribute the Code (or portions thereof)
with or without modifications, and/or as part of a derivative work;
or
(b) under claims of the infringement through the making, using,
offering to sell and/or otherwise disposing the JPRS Revised Code
(or portions thereof);
(c) the licenses granted in this Section 1(a) and (b) are effective on
the date JPRS first distributes the Code to you under the terms of
this OSCL;
(d) Notwithstanding the above stated terms, no patent license is
granted:
1) for a code that you delete from the Code;
2) separate from the Code; or
3) for infringements caused by:
i) modification of the Code; or
ii) combination of the Code with other software or devices.
2. Consents.
You agree that:
(a) you must include a copy of this OSCL and the notice set forth in
EXHIBIT A with every copy of the Code you distribute;
(b) you must include a copy of this OSCL and the notice set forth in
EXHIBIT A with every copy of binary form of the Code in the
documentation and/or other materials provided with the distribution;
(c) you may not offer or impose any terms on any source code version
that alters or restricts the applicable version of this OSCL or
the recipients' rights hereunder.
(d) If the terms and conditions are set forth in EXHIBIT A, you must
comply with those terms and conditions.
3. Proprietary Information.
All trademarks, service marks, patents, copyrights, trade secrets, and
other proprietary rights in or related to the Code are and will remain
the exclusive property of JPRS or its licensors, whether or not
specifically recognized or perfected under local law except specified
in this OSCL; provided however you agree and understand that the JPRS
name may not be used to endorse or promote this Code without prior
written approval of JPRS.
4. WARRANTY DISCLAIMER.
JPRS MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE USE OF THE
CODE, NOR DOES JPRS MAKE ANY REPRESENTATIONS THAT THE CODE WILL BECOME
COMMERCIALLY AVAILABLE. JPRS, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT
WARRANT OR REPRESENT THAT THE CODE IS FREE OF ERRORS OR THAT THE CODE
IS SUITABLE FOR TRANSLATION AND/OR LOCALIZATION. THE CODE IS PROVIDED
ON AN "AS IS" BASIS AND JPRS AND ITS SUPPLIERS HAVE NO OBLIGATION TO
CORRECT ERRORS OR TO SUPPORT THE CODE UNDER THIS OSCL FOR ANY REASON.
TO THE FULL EXTENT PERMITTED BY LAW, ALL OBLIGATIONS ARE HEREBY
EXCLUDED WHETHER EXPRESS, STATUTORY OR IMPLIED UNDER LAW, COURSE OF
DEALING, CUSTOM, TRADE USAGE, ORAL OR WRITTEN STATEMENT OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE CODE.
5. NO LIABILITY.
UNDER NO CIRCUMSTANCES SHALL JPRS AND/OR ITS AFFILIATES, LICENSORS, OR
REPRESENTATIVES BE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES,
WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS, INCLUDING,
BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF
MONEY, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE, IMPLIED
WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT
LIABILITY IN TORT, OR OTHERWISE.
6. Indemnification.
You hereby agree to indemnify, defend, and hold harmless JPRS for any
liability incurred by JRPS due to your terms of warranty, support,
indemnity, or liability offered by you to any third party.
7. Termination.
7.1 This OSCL shall be automatically terminated in the events that:
(a) You fail to comply with the terms herein and fail to cure such
breach within 30 days of becoming aware of the breach;
(b) You initiate patent or copyright infringement litigation against
any party (including a cross-claim or counterclaim in a lawsuit)
alleging that the Code constitutes a direct or indirect patent or
copyright infringement, in such case, this OSCL to you shall
terminate as of the date such litigation is filed;
7.2 In the event of termination under Sections 7.1(a) or 7.1(b) above,
all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
8. General.
This OSCL shall be governed by, and construed and enforced in
accordance with, the laws of Japan. Any litigation or arbitration
between the parties shall be conducted exclusively in Tokyo, Japan
except written consent of JPRS provides other venue.
EXHIBIT A
The original open source code of idnkit-2 is idnkit-1.0 developed and
conceived by Japan Network Information Center ("JPNIC"), a Japanese
association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda,
Chiyoda-ku, Tokyo 101-0047, Japan, and JPRS modifies above original code
under following Terms and Conditions set forth by JPNIC.
JPNIC
Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved.
By using this file, you agree to the terms and conditions set forth bellow.
LICENSE TERMS AND CONDITIONS
The following License Terms and Conditions apply, unless a different
license is obtained from Japan Network Information Center ("JPNIC"),
a Japanese association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda,
Chiyoda-ku, Tokyo 101-0047, Japan.
1. Use, Modification and Redistribution (including distribution of any
modified or derived work) in source and/or binary forms is permitted
under this License Terms and Conditions.
2. Redistribution of source code must retain the copyright notices as they
appear in each source code file, this License Terms and Conditions.
3. Redistribution in binary form must reproduce the Copyright Notice,
this License Terms and Conditions, in the documentation and/or other
materials provided with the distribution. For the purposes of binary
distribution the "Copyright Notice" refers to the following language:
"Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved."
4. The name of JPNIC may not be used to endorse or promote products
derived from this Software without specific prior written approval of
JPNIC.
5. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY JPNIC
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JPNIC BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JPRS Public License Notice
For
idnkit-2.
The contents of this file are subject to the Terms and Conditions for
the Open Source Code License (the "OSCL"). You may not use this file
except in compliance with above terms and conditions. A copy of the OSCL
is available at <http://jprs.co.jp/idn/>.
The JPRS Revised Code is idnkit-2.
The Initial Developer of the JPRS Revised Code is Japan Network
Information Center ("JPNIC"), a Japanese association,
Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda, Chiyoda-ku, Tokyo
101-0047, Japan.
"Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved."
"Copyright (c) 2010-2012 Japan Registry Services Co., Ltd. All rights reserved."
Contributor(s): ______________________________________.
If you wish to allow use of your version of this file only under the
above License(s) and not to allow others to use your version of this
file, please indicate your decision by deleting the relevant provisions
above and replacing them with the notice and other provisions required
by the above License(s). If you do not delete the relevant provisions,
a recipient may use your version of this file under either the above
License(s).
JPython version 1.1.x
1. This LICENSE AGREEMENT is between the Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA
20191 ("CNRI"), and the Individual or Organization ("Licensee")
accessing and using JPython version 1.1.x in source or binary form and
its associated documentation as provided herein ("Software").
2. Subject to the terms and conditions of this License Agreement, CNRI
hereby grants Licensee a non-exclusive, non-transferable, royalty-free,
world-wide license to reproduce, analyze, test, perform and/or display
publicly, prepare derivative works, distribute, and otherwise use the
Software alone or in any derivative version, provided, however, that
CNRI's License Agreement and CNRI's notice of copyright, i.e.,
"Copyright (c) 1996-1999 Corporation for National Research Initiatives;
All Rights Reserved" are both retained in the Software, alone or in any
derivative version prepared by Licensee.
Alternatively, in lieu of CNRI's License Agreement, Licensee may
substitute the following text (omitting the quotes), provided, however,
that such text is displayed prominently in the Software alone or in any
derivative version prepared by Licensee: "JPython (Version 1.1.x) is
made available subject to the terms and conditions in CNRI's License
Agreement. This Agreement may be located on the Internet using the
following unique, persistent identifier (known as a handle):
1895.22/1006. The License may also be obtained from a proxy server on
the Web using the following URL: http://hdl.handle.net/1895.22/1006."
3. In the event Licensee prepares a derivative work that is based on or
incorporates the Software or any part thereof, and wants to make the
derivative work available to the public as provided herein, then
Licensee hereby agrees to indicate in any such work, in a prominently
visible way, the nature of the modifications made to CNRI's Software.
4. Licensee may not use CNRI trademarks or trade name, including JPython
or CNRI, in a trademark sense to endorse or promote products or
services of Licensee, or any third party. Licensee may use the mark
JPython in connection with Licensee's derivative versions that are
based on or incorporate the Software, but only in the form
"JPython-based ," or equivalent.
5. CNRI is making the Software available to Licensee on an "AS IS" basis.
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY
OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY
REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE
ANY THIRD PARTY RIGHTS.
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF
USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE
THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO LICENSEE.
7. This License Agreement may be terminated by CNRI (i) immediately upon
written notice from CNRI of any material breach by the Licensee, if the
nature of the breach is such that it cannot be promptly remedied; or
(ii) sixty (60) days following notice from CNRI to Licensee of a
material remediable breach, if Licensee has not remedied such breach
within that sixty-day period.
8. This License Agreement shall be governed by and interpreted in all
respects by the law of the State of Virginia, excluding conflict of law
provisions. Nothing in this Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between CNRI and
Licensee.
9. By clicking on the "ACCEPT" button where indicated, or by installing,
copying or otherwise using the Software, Licensee agrees to be bound by
the terms and conditions of this License Agreement.
jQuery Public Domain License
NO COPYRIGHTS OR LICENSES. DO WHAT YOU LIKE. This is the new jQuery Tools license. Copyrights and patents are evil. They block the natural progress of development. We all know it: if people start sharing instead of owning the world would be a better place. Today money is king. This results in closed systems and poor quality and in many cases people are even seriously exploited. For businessmen nothing is enough.
JRunner Software License
https://www.altera.com/download/licensing/lic-jrunner.html
SOFTWARE DISTRIBUTION AGREEMENT
THE JRunner SOFTWARE PROGRAM AND EXECUTABLE FILES, AND RELATED SPECIFICATION DOCUMENTATION ("PROGRAMS") (AVAILABLE FOR DOWNLOADING FROM THIS WEB SITE OR ENCLOSED WITH THE COMPUTER DISK ACCOMPANYING THIS NOTICE), ARE MADE FREELY AVAILABLE FOR USE BY ANYONE, SUBJECT TO CERTAIN TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE PROGRAMS. BY DOWNLOADING OR USING THE PROGRAMS YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH CONSTITUTE THE LICENSE AGREEMENT (the "AGREEMENT") BETWEEN YOU AND ALTERA CORPORATION ("ALTERA") WITH REGARD TO THE PROGRAMS. IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THE PROGRAMS OR PROMPTLY RETURN THE PROGRAMS TO ALTERA UNUSED.
License Terms
Subject to the terms and conditions of this Agreement, Altera grants to you a worldwide, nonexclusive, perpetual license (with the right to grant sublicenses, and authorize sublicensees to sublicense further) to use, copy, prepare derivative works based on, and distribute the Programs and derivative works thereof, provided that any distribution or sublicense is subject to the same terms and conditions that you use for distribution of your own comparable software products. Any copies of the Programs or derivative works thereof will continue to be subject to the terms and conditions of this Agreement. You must include in any copies of the Programs or derivative works thereof any trademark, copyright, and other proprietary rights notices included in the Programs by Altera.
Disclaimer of Warranties and Remedies
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE PROGRAMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALTERA EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, USE, AND PERFORMANCE OF THE PROGRAMS. SHOULD THE PROGRAMS PROVE DEFECTIVE OR FAIL TO PERFORM PROPERLY, YOU -- AND NOT ALTERA -- SHALL ASSUME THE ENTIRE COST AND RISK OF ANY REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITY OR DAMAGES CAUSED BY OR OTHERWISE ASSOCIATED WITH THE PROGRAMS. ALTERA DOES NOT WARRANT THAT THE PROGRAMS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ALSO ASSUME RESPONSIBILITY FOR THE SELECTION, INSTALLATION, USE, AND RESULTS OF USING THE PROGRAMS. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
ALTERA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF OR OTHERWISE ASSOCIATED WITH THE USE OF OR INABILITY TO USE THE PROGRAMS. IN ANY EVENT, ALTERA'S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE LARGER OF EITHER THE AMOUNT YOU PAID ALTERA FOR USE OF THE PROGRAMS, OR ONE HUNDRED DOLLARS ($100). YOUR SOLE REMEDIES AND ALTERA'S ENTIRE LIABILITY ARE AS SET FORTH ABOVE. Some states do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the extent that the Programs are derived from third-party software or other third-party materials, no such third-party provides any warranties with respect to the Programs, assumes any liability regarding use of the Programs, or undertakes to furnish you any support or information relating to the Programs.
General
You acknowledge that Altera is not responsible for and is not obligated to provide, any support, including email and telephone support, for any purpose with respect to the Programs.
You acknowledge that the Programs are made freely available in accordance with this Agreement as part of an effort to promote broad use of the Programs with minimum interference by you and Altera. Accordingly, you agree that, if you obtain any patents relating to inventions or discoveries made through use of or access to the Programs or derivative works thereof, or that are necessary for the use of the Programs, you will not bring any claim for infringement thereof against Altera or any direct or indirect licensee of Altera in connection with or use of the Programs or derivative works thereof. The foregoing does not constitute a license of any copyright or trade secret.
You shall not export the Programs, or any product programmed by the Programs, without first obtaining any necessary U.S. or other governmental licenses and approvals.
This Agreement is entered into for the benefit of Altera and Altera's licensors and all rights granted to you and all obligations owed to Altera shall be enforceable by Altera and its licensors. This Agreement constitutes the entire understanding and agreement applicable to the Programs, superseding any prior or contemporaneous understandings or agreements. It may not be modified except in a writing executed by Altera.
This Agreement will be governed by the laws the State of California. You agree to submit to the jurisdiction of the courts in the State of California for the resolution of any dispute or claim arising out of or relating to this Agreement.
The prevailing party in any legal action or arbitration arising out of this Agreement shall be entitled to reimbursement for its expenses, including court costs and reasonable attorneys' fees, in addition to any other rights and remedies such party may have.
BY USING THE PROGRAMS YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ALTERA WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ALTERA RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
U.S. Government Restricted Rights
The Programs and any accompanying documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Altera Corporation, 101 Innovation Drive, San Jose, CA 95134 and its licensors.
Permission is granted to anyone to use this software, in source or object code form, on any computer system, and to modify, compile, decompile, run, and redistribute it to anyone else, subject to the following restrictions:
1. The author makes no warranty of any kind, either expressed or implied, about the suitability of this software for any purpose.
2. The author accepts no liability of any kind for damages or other consequences of the use of this software, even if they arise from defects in the software.
3. The origin of this software must not be misrepresented, either by explicit claim or by omission.
4. Altered versions must be plainly marked as such, and must not be misrepresented as being the original software. Altered versions may be distributed in packages under other licenses (such as the GNU license).
If you find this software useful, it would be nice if you let me (peter@norvig.com) know about it, and nicer still if you send me modifications that you are willing to share. However, you are not required to do so.
JAHIA SUSTAINABLE ENTERPRISE LICENSE (JSEL)
Version 2.0
INTRODUCTION
The JAHIA Sustainable Enterprise License ("License") may include: 1) Test,
Research and Development Right of Usage and 2) Commercial Right of Usage. You
have agreed to the terms of this License by selecting the "Accept" button at the
end of the JSEL or executing a hardcopy JSEL or a document that expressly
referred to the License with Jahia Solutions Group SA ("JSG").
The Commercial Use must be approved by You and JSG with the signature of a
related document, delivered by JSG, in order to become effective. Capitalized
terms used in this License are defined in the Definitions section.
1. DEFINITIONS.
1.1. "Approved Counterpart" means the Modification(s), which are identified by
You as potential Generic Elements, which you suggest as a counterpart to JSG and
which were accepted, validated and developed by JSG.
1.2. "Commercial Use" means any use of Original Software by You, alone or
bundled with any other software or hardware, at the exclusion of any Test,
Research and Development Use.
1.3. "Contributor" means each individual or entity that creates or contributes
to the creation of Modifications.
1.4. "Covered Software" means (a) the Original Software, or (b) Generic
Developments, or (c) the combination of files containing Original Software with
files containing Generic Developments, in each case including portions thereof.
1.5. "Executable" means the Covered Software in any form other than Source Code.
1.6. "Generic Developments" are defined as Modifications done at Your request by
JSG as a contribution to the Original Software and identified as such on the JSG
Order Forms signed by You. Once incorporated into the Original Software, Generic
Developments are by nature subject to the terms of the licenses used by JSG.
1.7. "Generic Elements" means, without limitation: software, modules, patches,
bug fixes, API, ideas, methods, concepts, know-how, structures, techniques,
inventions, developments, processes, discoveries, improvements and other
information and materials developed by JSG before or during the execution of JSG
Offering.
1.8. "JSG Offering": software and services proposed by JSG under JSG terms and
conditions.
1.9. "JSG Terms and Conditions": terms and conditions under which JSG is
providing JSG Offering to You.
1.10. "Larger Work" means a work which combines Covered Software or portions
thereof with code not governed by the terms of this License.
1.11. "License" means this document.
1.12. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired, any
and all of the rights conveyed herein.
1.13. "Modifications" means the Source Code and Executable form of any of the
following:
A. Any file that results from an addition to, deletion from or modification of
the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous
Modification; or
C. Any new file that is contributed or otherwise made available under the terms
of this License.
1.14. "Original Software" means the Source Code and Executable form of the Jahia
Enterprise Edition software code that is released under this License.
1.15. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.16. "Source Code" means (a) the common form of computer software code in which
modifications are made and (b) associated documentation included in or with such
code.
1.17. "Specific Developments" are defined as the work performed at Your request
and identified as such in the context of JSG Order Forms that are associated
with said Specific Developments and are signed by You before any work is done.
1.18. "Specific Elements" are defined as all of the elements supplied to JSG by
You in the context of performance of the Services, for which You owns the
intellectual property rights.
1.19. "Test, Research and Development Use" means use of the Original Software
only for testing, researching and developing the Original Software and expressly
excludes any distribution rights and use for direct or indirect commercial or
strategic gain or advantage which is subject to execution of a purchase or
reselling agreement by You and JSG.
1.20. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License. For legal entities,
"You" includes any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, "control" means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. LICENSE GRANTS FOR RESEARCH AND DEVELOPMENT USE.
JSG hereby grants You a world-wide, royalty-free, non-exclusive Test, Research
and Development Use license:
(a) under intellectual property rights (other than patent or trademark),
licensable by JSG, to use, modify, display, and perform the Original Software
(or portions thereof), with or without Modifications, and/or as part of a Larger
Work, for Test, Research and Development Use by You; and
(b) under Patent Claims infringed by the making or using of Original Software,
to make, have made, use, practice and/or otherwise dispose of the Original
Software (or portions thereof) for Test, Research and Development Use by You.
(c) The licenses granted in Sections 2(a) and 2(b) are effective on the date JSG
first distributes or otherwise makes the Original Software available to a third
party under the terms of this License for Test, Research and Development Use by
You.
(d) Notwithstanding Section 2(b) above, no patent license is granted: (1) for
code that You delete from the Original Software, or (2) for infringements caused
by: (i) the modification of the Original Software, or (ii) the combination of
the Original Software with other software or devices.
(e) Execution of the Covered Software for all other purposes than mentioned in
this Section is subject to a fee, payable to JSG and to be mutually agreed upon
by You and JSG. The grant explicitly does not apply to Commercial Use of the
Original Software. Commercial Use of Original Software requires a signed
approval explicitly issued for that purpose by JSG.
(f) Other than the rights expressly granted in this License, JSG retains all
rights, titles, and interests in the Original Software.
3. LICENSE GRANTS FOR COMMERCIAL USE.
3.1. Commercial Use of the Original Software requires the payment of a fee as
describe by JSG in JSG Offering. The details of Your fees, payment schedule and
scope of use (subscription, number of JVM, users, servers, modules, support
scope,...) applicable have to be agreed on a document provided by JSG and signed
by You according to JSG Offering.
3.2. Conditioned upon the payment of the appropriate fee to JSG, the respect of
this License terms and limited to the scope of Commercial Use as defined by JSG,
JSG hereby grants You a world-wide, non-exclusive and fee-bearing license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by JSG, to use, display, perform the Original Software (or portions
thereof), with or without Modifications, and/or as part of a Larger Work for
Commercial Use; and
(b) under Patent Claims infringed by the making or using of Original Software,
to make, have made, use, practice, sell, and offer for sale, and/or otherwise
dispose of the Original Software (or portions thereof) for Commercial Use.
(c) The licenses granted are effective on the date JSG first distributes or
otherwise makes the Original Software available to a third party under the terms
of this License.
(d) Notwithstanding Section 3(b) above, no patent license is granted: (1) for
code that You delete from the Original Software, or (2) for infringements caused
by: (i) the modification of the Original Software, or (ii) the combination of
the Original Software with other software or devices.
(e) Other than the rights expressly granted in this License, JSG retains all
rights, titles, and interests in Original Software
3.3. Commercial Distribution Requirement / OEM Agreement
You may distribute copies for Commercial Use or integrate Original Software in a
Larger Work under a license agreement of Your choice which is consistent with
Your rights and obligations under the License including with the fact that you
need to pay fees to JSG for each copy of the Original Software you distribute
for Commercial Use according to a specific Agreement, You and JSG have to sign
before the Distribution of the Larger work. You may provide warranties,
indemnities and/or other additional terms and conditions in Your license
agreements, provided that it is clear that such additional terms and conditions
are offered by You only. You hereby agree to indemnify JSG for any liability
incurred by the Initial Developer as a result of any such terms You offer.
4. AVAILABILITY AND POTENTIAL MODIFICATIONS OF SOURCE CODE.
4.1. Conditioned upon Your compliance with this License, JSG hereby grants You
an access to the Original Software Source Code. The Modifications of the Source
Code that You may create or to which You may contribute, are, by nature,
governed by the terms of this License. JSG Offering (for example, support
services) may not cover Modifications on the Original Software otherwise than
those explicitly accepted by JSG in a dedicated agreement as, for example, when
those Modifications are integrated in the Original Software and therefore
considered as a Generic Development according to the term of paragraph 12 of
this License.
4.2. JSG may optionally offer coverage on a Larger Work. Details of the related
fees, payment schedule and scope of coverage have to be defined in a dedicated
agreement signed between You and JSG.
5. VERSION OF THE LICENSE
5.1. New Versions
JSG is the initial license steward and may publish revised and/or new versions
of this License from time to time. Each version will be given a distinguishing
version number. No one other than the license steward has the right to modify
this License.
5.2. Effect of New Versions
You may always continue to a)use the version of the Original Software under the
terms of the version of the License under which You originally received the
version of Original Software or b)use the new version.
6. CONFIDENTIALITY
You and JSG agree to maintain the confidentiality of any proprietary information
received by the other party during, or prior to entering into, this Agreement
including non-public technical and business information for a period of two (2)
years after the termination of this Agreement. This section shall not apply to
any publicly available or independently developed information. The receiving
party of any confidential information of the other party agrees not to use said
confidential information for any purpose except as necessary to fulfil its
obligations and exercise its rights under this Agreement. The receiving party
shall protect the secrecy of and avoid disclosure and unauthorized use of the
disclosing party's confidential information to the same degree that it takes to
protect its own confidential information and in no event less than reasonable
care.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER
OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY"S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
9. U.S. GOVERNMENT END USERS.
The Original Software is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that
term is defined at 48 C.F.R. 252.227-7014(a)(1)) and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Software with only
those rights set forth herein. This U.S. Government Rights clause is in lieu of,
and supersedes, any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
10. TERMINATION.
This License and the rights granted hereunder will terminate automatically if
You fail to comply with terms herein and fail to cure such breach within 30 days
of becoming aware of the breach. Provisions which, by their nature, must remain
in effect beyond the termination of this License shall survive.
The Term of this License is subject to your compliance with the term of this
License and the payment of the appropriate fee according to JSG Offering
considering the Commercial Use of the Software.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof.
If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
License shall be governed by the law of the jurisdiction specified in the JSG
Terms and Conditions (except to the extent applicable law, if any, provides
otherwise), excluding such jurisdiction"s conflict-of-law provisions. Any
litigation relating to this License shall be subject to the jurisdiction of the
courts located in the jurisdiction and venue specified in a notice contained
within in the JSG Terms and Conditions, with the losing party responsible for
costs, including, without limitation, court costs and reasonable attorney"s fees
and expenses. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or regulation
which provides that the language of a contract shall be construed against the
drafter shall not apply to this License. You agree that You alone are
responsible for compliance with the United States export administration
regulations (and the export control laws and regulation of any other countries)
when You use, distribute or otherwise make available any Covered Software.
12. GENERIC DEVELOPMENT, APPROVED COUNTERPART, AND JOIN CONTRIBUTION
12.1. JSG offers a counterpart, usually under the form of a free Commercial
Right of usage of the Software attached to the payment of a subscription, in
exchange of a Generic Developments and Your copyright assignment to JSG, when
the related Generic Developments are financed by You, except for the co-
development cases of join contribution (12.7)).
12.2. The decision to accept a Generic Development as an Approved Counterpart,
its value, the form of compensation and the criteria applied are let to the sole
discretion of JSG.
12.3. Description of the Approved Counterpart, its value and the type of
compensation which shall be approved by both parties in a separated document
provided by JSG.
12.4. Modifications considered as Approved Counterpart are, by nature, Generic
Developments.
12.5. All Specific Elements, not owned by JSG and provided by You to JSG for
Services execution, shall remain Your exclusive property when You owns the
property of specific materials.
12.6. All specific development, requested by You from JSG and listed on
dedicated JSG document shall remain Your exclusive property except for the
Generic Elements, even if these Generic Elements are developed at the same time
as the Specific development and/or are needed by the Specific development to
work, particularly when Generic Elements are integrated in the Original Software
and therefore are by nature subject to the terms of the licenses used by JSG.
12.7. Join contribution:
As an exclusive exception to the Generic Developments definition, JSG may agree
to accept some Modifications done by You in order to complete all - or part of -
Generic Developments. This particular type of Generic Developments is considered
as "Join Contributions" between You and JSG and You are considered as a
Contributor for the related Generic Development You agreed to take in charge
under the following rules:
a) Contributor owns, and has sufficient rights to contribute, all source code
and related material intended to be compiled or integrated with the source code
for the Modifications Contributor has ever delivered, and JSG has accepted, for
incorporation into the Covered Software.
b) Contributor hereby assigns to JSG joint ownership in all worldwide common law
and statutory rights associated with the copyrights, copyright application,
copyright registration and moral rights in the Approved Counterpart to the
extent allowable under applicable local laws and copyright conventions.
Contributor agrees that this assignment may be submitted by JSG to register a
copyright in the Approved Counterpart. Contributor retains the right to use the
Approved Counterpart for Contributor's own purposes. This joint copyright
Assignment supersedes and replaces all prior copyright assignments made by
Contributor to JSG for the related Modifications provided by Contributor in this
case of join contribution.
c) Contributor grants JSG the ability to use the related Modifications he
provided in any way with a sublicenseable, non-exclusive, irrevocable,
worldwide, royalty-free, transferable license to relicense, use, copy, modify,
distribute and publicly perform and display the related Modifications on any
licensing terms (commercial or not).
d) Contributor is legally entitled to grant the above assignment and agrees not
to provide any Contribution that violates any law or breaches any contract.
e) JSG may require You to submit your Modifications within a specific period of
time. The default period is 6 months.
f) The right to validate your Modifications as an Approved Counterpart is only
applicable by JSG. JSG may ask for additional corrections on Your Modifications
before definitively accepting it as an Approved Counterpart.
g) Each party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License and You agree to
work with JSG to distribute such responsibility according to the Modifications
Contributor provided. Nothing herein is intended or shall be deemed to
constitute any admission of liability.
Copyright
We authorize the copy and modification of all the codes on the site, since the original author credits are kept.
Public Domain
No warranty expressed or implied. Use at your own risk.
This file has been superceded by http://www.JSON.org/json2.js
See http://www.JSON.org/js.html
Public Domain.
NO WARRANTY EXPRESSED OR IMPLIED. USE AT YOUR OWN RISK.
See http://www.JSON.org/js.html
This code should be minified before deployment.
See http://javascript.crockford.com/jsmin.html
USE YOUR OWN COPY. IT IS EXTREMELY UNWISE TO LOAD CODE FROM SERVERS YOU DO NOT CONTROL.
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.
The Software shall be used for Good, not Evil.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
JSR-000107 JCACHE 2.9 Public Review - Updated Specification
ORACLE AND GREG LUCK ARE WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THEM, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE AND THE DOWNLOADING PROCESS WILL NOT CONTINUE.
Specification: JSR-000107 Java(tm) Temporary Caching API Specification ("Specification")
Version: 2.9
Status: Public Review
Release: 8 August 2013
Copyright 2013 ORACLE America, Inc. and Greg Luck
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.
NOTICE
The Specification is protected by copyright and the information described therein may be protected by one or more U.S. patents, foreign patents, or pending applications. Except as provided under the following license, no part of the Specification may be reproduced in any form by any means without the prior written authorization of Oracle USA, Inc. ("Oracle"), Greg Luck ("Greg Luck") and their licensors, if any. Any use of the Specification and the information described therein will be governed by the terms and conditions of this Agreement.
Subject to the terms and conditions of this license, including your compliance with Paragraphs 1 and 2 below, Oracle and Greg Luck hereby grant you a fully-paid, non-exclusive, non-transferable, limited license (without the right to sublicense) under Oracle and Greg Luck's intellectual property rights to:
1.Review the Specification for the purposes of evaluation. This includes: (i) developing implementations of the Specification for your internal, non-commercial use; (ii) discussing the Specification with any third party; and (iii) excerpting brief portions of the Specification in oral or written communications which discuss the Specification provided that such excerpts do not in the aggregate constitute a significant portion of the Technology. 2.Distribute implementations of the Specification to third parties for their testing and evaluation use, provided that any such implementation:
(i) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented;
(ii) is clearly and prominently marked with the word "UNTESTED" or "EARLY ACCESS" or "INCOMPATIBLE" or "UNSTABLE" or "BETA" in any list of available builds and in proximity to every link initiating its download, where the list or link is under Licensee's control; and
(iii) includes the following notice:
"This is an implementation of an early-draft specification developed under the Java Community Process (JCP) and is made available for testing and evaluation purposes only. The code is not compatible with any specification of the JCP." The grant set forth above concerning your distribution of implementations of the specification is contingent upon your agreement to terminate development and distribution of your "early draft" implementation as soon as feasible following final completion of the specification. If you fail to do so, the foregoing grant shall be considered null and void. No provision of this Agreement shall be understood to restrict your ability to make and distribute to third parties applications written to the Specification. Other than this limited license, you acquire no right, title or interest in or to the Specification or any other Oracle or Greg Luck intellectual property, and the Specification may only be used in accordance with the license terms set forth herein. This license will expire on the earlier of: (a) two (2) years from the date of Release listed above; (b) the date on which the final version of the Specification is publicly released; or (c) the date on which the Java Specification Request (JSR) to which the Specification corresponds is withdrawn. In addition, this license will terminate immediately without notice from Oracle or Greg Luck if you fail to comply with any provision of this license. Upon termination, you must cease use of or destroy the Specification. "Licensor Name Space" means the public class or interface declarations whose names begin with "java", "javax", "com.oracle" or their equivalents in any subsequent naming convention adopted by Oracle or Greg Luck through the Java Community Process, or any recognized successors or replacements thereof
TRADEMARKS
No right, title, or interest in or to any trademarks, service marks, or trade names of Oracle, Greg Luck or their licensors is granted hereunder. Oracle, the Oracle logo, Java are trademarks or registered trademarks of Oracle USA, Inc. in the U.S. and other countries.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS" AND IS EXPERIMENTAL AND MAY CONTAIN DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE CORRECTED BY ORACLE. ORACLE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. This document does not represent any commitment to release or implement any portion of the Specification in any product.
THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY. ORACLE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF ORACLE AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will hold Oracle and Greg Luck (and their licensors) harmless from any claims based on your use of the Specification for any purposes other than the limited right of evaluation as described above, and from any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your evaluation of the Specification ("Feedback"). To the extent that you provide Oracle or Greg Luck with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Oracle and Greg Luck a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof.
GENERAL TERMS
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
The Specification is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee.
This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
JSR-000107 JavaTM Temporary Caching API Maintenance Release 1
ORACLE AMERICA, INC. AND GREG LUCK, SPECIFICATION LEADS, ARE WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE.
Specification: JSR-107 JCache ("Specification")
Version: 1.0.1
Status: Maintenance Release 1
Specification Leads: Oracle America, Inc. and Greg Luck ("Specification Leads")
Release: November 2015
Copyright 2015 Oracle America, Inc. and Greg Luck
All rights reserved.
LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. Specification Leads hereby grant you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under Specification Leads' applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation. This includes (i) developing applications intended to run on an implementation of the Specification, provided that such applications do not themselves implement any portion(s) of the Specification, and (ii) discussing the Specification with any third party; and (iii) excerpting brief portions of the Specification in oral or written communications which discuss the Specification provided that such excerpts do not in the aggregate constitute a significant portion of the Specification.
2. License for the Distribution of Compliant Implementations. Specification Leads also grant you a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or, subject to the provisions of subsection 4 below, patent rights it may have covering the Specification to create and/or distribute an Independent Implementation of the Specification that: (a) fully implements the Specification including all its required interfaces and functionality; (b) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and (c) passes the Technology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for such Specification ("Compliant Implementation"). In addition, the foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose (including, for example, modifying the Specification, other than to the extent of your fair use rights, or distributing the Specification to third parties). Also, no right, title, or interest in or to any trademarks, service marks, or trade names of Specification Leads or Specification Leads' licensors is granted hereunder. Java, and Java-related logos, marks and names are trademarks or registered trademarks of Oracle America, Inc. in the U.S. and other countries.
3. Pass-through Conditions. You need not include limitations (a)-(c) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to Independent Implementations (and products derived from them) that satisfy limitations (a)-(c) from the previous paragraph, You may neither: (a) grant or otherwise pass through to your licensees any licenses under Specification Leads' applicable intellectual property rights; nor (b) authorize your licensees to make any claims concerning their implementation's compliance with the Specification in question.
4. Reciprocity Concerning Patent Licenses.
a. With respect to any patent claims covered by the license granted under subparagraph 2 above that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on fair, reasonable and non-discriminatory terms, to any party seeking it from You, a perpetual, non-exclusive, non-transferable, worldwide license under Your patent rights which are or would be infringed by all technically feasible implementations of the Specification to develop, distribute and use a Compliant Implementation.
b With respect to any patent claims owned by Specification Leads and covered by the license granted under subparagraph 2, whether or not their infringement can be avoided in a technically feasible manner when implementing the Specification, such license shall terminate with respect to such claims if You initiate a claim against Specification Leads that it has, in the course of performing its responsibilities as the Specification Leads, induced any other entity to infringe Your patent rights.
c Also with respect to any patent claims owned by Specification Leads and covered by the license granted under subparagraph 2 above, where the infringement of such claims can be avoided in a technically feasible manner when implementing the Specification such license, with respect to such claims, shall terminate if You initiate a claim against Specification Leads that its making, having made, using, offering to sell, selling or importing a Compliant Implementation infringes Your patent rights.
5. Definitions. For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Specification Leads' source code or binary code materials nor, except with an appropriate and separate license from Specification Leads, includes any of Specification Leads' source code or binary code materials; "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "com.oracle", "com.sun" or their equivalents in any subsequent naming convention adopted by Oracle America, Inc. through the Java Community Process, or any recognized successors or replacements thereof; and "Technology Compatibility Kit" or "TCK" shall mean the test suite and accompanying TCK User's Guide provided by Specification Leads which corresponds to the Specification and that was available either (i) from Specification Leads' 120 days before the first release of Your Independent Implementation that allows its use for commercial purposes, or (ii) more recently than 120 days from such release but against which You elect to test Your implementation of the Specification.
This Agreement will terminate immediately without notice from Specification Leads if you breach the Agreement or act outside the scope of the licenses granted above.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SPECIFICATION LEADS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not represent any commitment to release or implement any portion of the Specification in any product. In addition, the Specification could include technical inaccuracies or typographical errors.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SPECIFICATION LEADS OR THEIR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN IF SPECIFICATION LEADS AND/OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend Specification Leads and their licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your Java application, applet and/or implementation; and/or (iii) any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
If you provide Specification Leads with any comments or suggestions concerning the Specification ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Specification Leads a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.
GENERAL TERMS
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
The Specification is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee.
This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Rev. January 2014
Jython License
http://www.jython.org/license.txt
====================================
The Jython License
====================================
A. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING JYTHON
==================================================================
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
----------------------------------------------------------------------
1. This LICENSE AGREEMENT is between the Python Software Foundation
("PSF"), and the Individual or Organization ("Licensee") accessing and
otherwise using this software ("Jython") in source or binary form and
its associated documentation.
2. Subject to the terms and conditions of this License Agreement, PSF
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Jython alone
or in any derivative version, provided, however, that PSF's License
Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2007
Python Software Foundation; All Rights Reserved" are retained in
Jython alone or in any derivative version prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on
or incorporates Jython or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to Jython.
4. PSF is making Jython available to Licensee on an "AS IS"
basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF JYTHON WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF JYTHON
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING JYTHON,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
7. Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between PSF and
Licensee. This License Agreement does not grant permission to use PSF
trademarks or trade name in a trademark sense to endorse or promote
products or services of Licensee, or any third party.
8. By copying, installing or otherwise using Jython, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.
Jython 2.0, 2.1 License
--------------------------------------------
Copyright (c) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 Jython Developers
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the distribution.
- Neither the name of the Jython Developers nor the names of
its contributors may be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
JPython 1.1.x Software License.
1. This LICENSE AGREEMENT is between the Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA
20191 ("CNRI"), and the Individual or Organization ("Licensee")
accessing and using JPython version 1.1.x in source or binary form and
its associated documentation as provided herein ("Software").
2. Subject to the terms and conditions of this License Agreement, CNRI
hereby grants Licensee a non-exclusive, non-transferable, royalty-free,
world-wide license to reproduce, analyze, test, perform and/or display
publicly, prepare derivative works, distribute, and otherwise use the
Software alone or in any derivative version, provided, however, that
CNRI's License Agreement and CNRI's notice of copyright, i.e.,
"Copyright ©1996-1999 Corporation for National Research Initiatives;
All Rights Reserved" are both retained in the Software, alone or in any
derivative version prepared by Licensee.
Alternatively, in lieu of CNRI's License Agreement, Licensee may
substitute the following text (omitting the quotes), provided, however,
that such text is displayed prominently in the Software alone or in any
derivative version prepared by Licensee: "JPython (Version 1.1.x) is
made available subject to the terms and conditions in CNRI's License
Agreement. This Agreement may be located on the Internet using the
following unique, persistent identifier (known as a handle):
1895.22/1006. The License may also be obtained from a proxy server on
the Web using the following URL: http://hdl.handle.net/1895.22/1006."
3. In the event Licensee prepares a derivative work that is based on or
incorporates the Software or any part thereof, and wants to make the
derivative work available to the public as provided herein, then
Licensee hereby agrees to indicate in any such work, in a prominently
visible way, the nature of the modifications made to CNRI's Software.
4. Licensee may not use CNRI trademarks or trade name, including JPython
or CNRI, in a trademark sense to endorse or promote products or
services of Licensee, or any third party. Licensee may use the mark
JPython in connection with Licensee's derivative versions that are
based on or incorporate the Software, but only in the form
"JPython-based ," or equivalent.
5. CNRI is making the Software available to Licensee on an "AS IS" basis.
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY
OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY
REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE
ANY THIRD PARTY RIGHTS.
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF
USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE
THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO LICENSEE.
7. This License Agreement may be terminated by CNRI (i) immediately upon
written notice from CNRI of any material breach by the Licensee, if the
nature of the breach is such that it cannot be promptly remedied; or
(ii) sixty (60) days following notice from CNRI to Licensee of a
material remediable breach, if Licensee has not remedied such breach
within that sixty-day period.
8. This License Agreement shall be governed by and interpreted in all
respects by the law of the State of Virginia, excluding conflict of law
provisions. Nothing in this Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between CNRI and
Licensee.
9. By clicking on the "ACCEPT" button where indicated, or by installing,
copying or otherwise using the Software, Licensee agrees to be bound by
the terms and conditions of this License Agreement.
[ACCEPT BUTTON]
B. HISTORY OF THE SOFTWARE
=======================================================
JPython was created in late 1997 by Jim Hugunin. Jim was also the
primary developer while he was at CNRI. In February 1999 Barry Warsaw
took over as primary developer and released JPython version 1.1.
In October 2000 Barry helped move the software to SourceForge
where it was renamed to Jython. Jython 2.0 and 2.1 were developed
under the Jython specific license below.
From the 2.2 release on, Jython contributors have signed
Python Software Foundation contributor agreements and releases are
covered under the Python Software Foundation license version 2.
The standard library is covered by the Python Software Foundation
license as well. See the Lib/LICENSE file for details.
The zxJDBC package was written by Brian Zimmer and originally licensed
under the GNU Public License. The package is now covered by the Jython
Software License.
The command line interpreter is covered by the Apache Software
License. See the org/apache/LICENSE file for details.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that this copyright notice and disclaimer are retained.
THIS SOFTWARE IS PROVIDED BY KALLE KAUKONEN AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL KALLE KAUKONEN OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECTI, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are free to use this code within your own applications, but you
are expressly forbidden from selling or otherwise distributing this
source code without prior written consent.
Any use of the code is permitted as long as this copyright
notice is preserved in the code.
# The Katharos License v0.1.0
## Preamble
Katharos is the Greek word for "pure" and, correspondingly, the purpose of the Katharos license is to prevent the licensed work from being used to promote destructive activities or to produce other impure or destructive works.
With the Katharos License we want to promote the openness, sharing, and collaboration that is common in the Open Source community, while at the same time protecting the people who may otherwise become victims of the destructive application of our shared works. We want the works that we share to be uplifting and helpful and we want them to be used to benefit people.
To accomplish these goals, this license seeks to put limits on what people are allowed to do with the licensed work. This includes, among other things, disallowing the work to be incorporated in or used to produce sexually suggestive or explicit content which we believe is mentally, psychologically, and spiritually harmful.
The definition of what is "good" can be considered highly subjective. In order to maintain objectivity in a highly subjective matter, there must be some source of truth from which to derive said objectivity. The source of "truth" for the Katharos License, and where the definition of what is "good" and "pure", come from the Word of God, The Holy Bible. The Katharos License is based on the premise that the full 66 books of the Holy Bible are 100% true and inspired by God and that He alone is the ultimate authority for what is good and just.
This license seeks to allow us to share our works as openly as possible, promoting what is uplifting and "good", while preventing what is harmful and destructive.
## Terms
Copyright © [year] [copyright holder]. All rights reserved.
The Licensor grants permission by this license (“License”), free of charge, to the extent of Licensor’s rights under applicable copyright and patent law, to any person or entity (the “Licensee”) obtaining a copy of this work and all associated documentation or metadata (the “Work”), to do everything with the Work that would otherwise infringe (i) the Licensor’s copyright in the Work or (ii) any patent claims to the Work that the Licensor can license or becomes able to license, subject to all of the following terms and conditions:
### Acceptance
This License is automatically offered to every person and entity subject to its terms and conditions. Licensee accepts this License and agrees to its terms and conditions by taking any action with the Work that, absent this License, would infringe any intellectual property right held by Licensor.
### Notice
Licensee must ensure that everyone who gets a copy of any part of this Work from Licensee, with or without changes, also receives the License and the above copyright notice (and if included by the Licensor, patent, trademark and attribution notice). Licensee must cause any modified versions of the Work to carry prominent notices stating that Licensee changed the Work. For clarity, although Licensee is free to create modifications of the Work and distribute only the modified portion created by Licensee with additional or different terms, the portion of the Work not modified must be distributed pursuant to this License. If anyone notifies Licensee in writing that Licensee has not complied with this Notice section, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) shall end immediately.
### Endorsement
Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote any other works, or services derived from the licensed Work without specific prior written permission.
### Permitted Use of Work
1. The Work shall not be used by any person or entity for any systems, activities, products, services or other uses that (i) lobby for, promote, or support the following activities or materials or (ii) that derive a majority of income from the following activities or materials:
- sex trafficking
- human trafficking
- slavery
- indentured servitude
- warfare
- weapons manufacturing
- war crimes
- violence ( except when required to protect public safety )
- weapons of mass destruction
- sexually suggestive or explicit images, artwork, or any other media
- excessively gory and/or violent images, artwork, or any other media
- abortion
- murder
- mass surveillance and/or stealing of private information
- hate speech or discrimination based on age, gender, gender identity, race, sexuality, religion, nationality
2. The Work shall not be used by any person, entity, product, service or other use that (i) lobbies against, discourages, or frustrates the following activities or (ii) that derives a majority of income from actions that discourage, or frustrate the following activities:
- peaceful assembly and association (including worker associations)
- democratic processes
### Compliance with Permitted Use of Work & Human Rights Laws
1. Permitted Use of Work.
(a) Licensee shall use the Software in a manner consistent with Permitted Use of Work defined above.
(b) Unless the Licensor and Licensee agree otherwise, any dispute, controversy, or claim arising out of or relating to (i) Section 1(a) regarding Permitted Use of Work, including the breach of Section 1(a), termination of this License for breach of the Permitted Use of Work, or invalidity of Section 1(a) or (ii) a determination of whether any Law is consistent or in conflict with Permitted Use of Work pursuant to Section 2, below, shall be settled by arbitration in accordance with the Hague Rules on Business and Human Rights Arbitration (the “Rules”); provided, however, that Licensee may elect not to participate in such arbitration, in which event this License (and all rights licensed hereunder) shall end immediately. The number of arbitrators shall be one unless the Rules require otherwise.
Unless both the Licensor and Licensee agree to the contrary: (1) All documents and information concerning the arbitration shall be public and may be disclosed by any party; (2) The repository referred to under Article 43 of the Rules shall make available to the public in a timely manner all documents concerning the arbitration which are communicated to it, including all submissions of the parties, all evidence admitted into the record of the proceedings, all transcripts or other recordings of hearings and all orders, decisions and awards of the arbitral tribunal, subject only to the arbitral tribunal’s powers to take such measures as may be necessary to safeguard the integrity of the arbitral process pursuant to Articles 18, 33, 41 and 42 of the Rules; and (3) Article 26(6) of the Rules shall not apply.
2. Human Rights Laws. The Software shall not be used by any person or entity for any systems, activities, or other uses that violate any Human Rights Laws. “Human Rights Laws” means any applicable laws, regulations, or rules (collectively, “Laws”) that protect human, civil, labor, privacy, political, environmental, security, economic, due process, or similar rights; provided, however, that such Laws are consistent and not in conflict with Permitted Use of Work (a dispute over the consistency or a conflict between Laws and Permitted Use of Work shall be determined by arbitration as stated above). Where the Human Rights Laws of more than one jurisdiction are applicable or in conflict with respect to the use of the Work, the Human Rights Laws that are most aligned with the guidelines defined in the Holy Bible shall apply.
3. Indemnity. Licensee shall hold harmless and indemnify Licensor (and any other contributor) against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including Licensor’s reasonable attorneys’ fees, arising out of or relating to Licensee’s use of the Software in violation of Human Rights Laws or Permitted Use of Work.
### Failure to Comply
Any failure of Licensee to act according to the terms and conditions of this License is both a breach of the License and an infringement of the intellectual property rights of the Licensor (subject to exceptions under Laws, e.g., fair use). In the event of a breach or infringement, the terms and conditions of this License may be enforced by Licensor under the Laws of any jurisdiction to which Licensee is subject. Licensee also agrees that the Licensor may enforce the terms and conditions of this License against Licensee through specific performance (or similar remedy under Laws) to the extent permitted by Laws. For clarity, except in the event of a breach of this License, infringement, or as otherwise stated in this License, Licensor may not terminate this License with Licensee.
### Enforceability and Interpretation
If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction; provided, however, subject to a court modification pursuant to the immediately following sentence, if any term or provision of this License pertaining to Human Rights Laws or Permitted Use of Work is deemed invalid, illegal, or unenforceable against Licensee by a court of competent jurisdiction, all rights in the Work granted to Licensee shall be deemed null and void as between Licensor and Licensee. Upon a determination that any term or provision is invalid, illegal, or unenforceable, to the extent permitted by Laws, the court may modify this License to affect the original purpose that the Work be used in compliance with Permitted Use of Work and Human Rights Laws as closely as possible. The language in this License shall be interpreted as to its fair meaning and not strictly for or against any party.
### Disclaimer
TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND ANY OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
## Use of the Katharos License
### Creating Derivative Licenses
You may freely modify and distribute your own derivatives of the Katharos License itself and apply it to your works provided that you do not call the derivative license the "Katharos License" and you clearly indicate that the derivative license is a modification of the Katharos License. Only wholly unmodified versions of the Katharos License may be called the "Katharos License".
### Disclaimer
This Katharos License is offered for use by licensors and licensees at their own risk, on an “AS IS” basis, and with no warranties express or implied, to the maximum extent permitted by Laws.
## Attribution
This license has incorporated verbatim and modified portions of the following licenses:
- [Hippocratic License Version 2.1](https://firstdonoharm.dev/version/2/1/license.html)
- [Do No Harm License](https://github.com/raisely/NoHarm)
- [BSD 3-Clause](https://spdx.org/licenses/BSD-3-Clause.html)
# The Katharos License v0.2.0
## Preamble
**THIS PREAMBLE SECTION DOES NOT DEFINE ANY TERMS OF USE OR IMPOSE ANY RESTRICTIONS ON THE USE OF THE LICENSED WORK. IT IS PURELY INFORMATIONAL. ALL LICENSE TERMS ARE DEFINED IN DETAIL BELOW IN "TERMS AND CONDITIONS".**
Katharos is the Greek word for "pure" and, correspondingly, the purpose of the Katharos license is to prevent the licensed work from being used to promote destructive activities or to produce other impure or destructive works.
The Katharos License is not an "Open Source" license in the official sense: it has not been reviewed or approved by the [Open Source Initiative][osi] and may or may not comply with the [Open Source Definition][osd]. Even still, we want the Katharos License to promote the openness, sharing, and collaboration that is common in the Open Source community, while at the same time protecting the people who may otherwise become victims of the destructive application of our shared works. We want the works that we share to be uplifting and helpful and we want them to be used to benefit people.
To accomplish these goals, this license seeks to put limits on what people are allowed to do with the licensed work. This includes, among other things, disallowing the work to be incorporated in or used to produce sexually suggestive or explicit content which we believe is mentally, psychologically, and spiritually harmful.
The definition of what is "good", though, can be considered highly subjective. Our idea of what is good and pure comes from our interpretation of The Word of God, The Holy Bible, and we believe that God is the ultimate authority for what is good and right.
The terms of this license reflect what we believe God has put on our hearts to include in this license, and we acknowledge that our attempt to define its terms will be imperfect, and that human laws cannot flawlessly reflect the will of God. Nonetheless, the fact remains that we believe God led us to create this license and that it is our due diligence to protect what we believe is important.
Many people will not agree with the terms, but it is not our goal to make a license that many will agree with. Our goal is to stand up for what we believe in and do what we believe is right, while being as free and open as otherwise possible.
[osi]: https://opensource.org/
[osd]: https://opensource.org/docs/osd
## Terms and Conditions
Copyright © [year] [copyright holder]. All rights reserved.
### 1. Definitions
- **“License”** means this license
- The **“Work”** means the licensed work and all associated documentation or metadata
- To **“Use the Work”** means:
- when the Work is software: to execute the software or to cause any portion of its code, or any code compiled or otherwise generated from its source, to be executed
- to incorporate the Work or any portion of it in another work
- to require the Work or any portion of the Work to perform any action
- The **“Licensee”** means any person or entity obtaining a copy of the Work or otherwise Using the Work
### 2. License Grant
The Licensor grants permission by this license, free of charge, to the extent of Licensor’s rights under applicable copyright and patent law, to the Licensee, to do everything with the Work that would otherwise infringe (i) the Licensor’s copyright in the Work or (ii) any patent claims to the Work that the Licensor can license or becomes able to license, subject to all of the following terms and conditions:
### 3. Acceptance
This License is automatically offered to every person and entity subject to its terms and conditions. Licensee accepts this License and agrees to its terms and conditions by taking any action with the Work that, absent this License, would infringe any intellectual property right held by Licensor.
For the avoidance of doubt, this includes, not only the distribution and copying of the Work, but also the use of the Work in any form or fashion not permitted by fair use or other applicable laws.
### 4. Notice
**4.1** Licensee must ensure that everyone who gets a copy of any part of this Work from Licensee, with or without changes, also receives the License and the above copyright notice (and if included by the Licensor, patent, trademark and attribution notice).
**4.2** Licensee must cause any modified versions of the Work to carry prominent notices stating that Licensee changed the Work.
**4.3** Licensee must cause the interactive user interface displays of any works that Uses this Work to include a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that the Work is licensed under the Katharos License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
**4.4** For clarity, although Licensee is free to create modifications of the Work and distribute only the modified portion created by Licensee with additional or different terms, the portion of the Work not modified must be distributed pursuant to this License.
**4.5** If anyone notifies the Licensee in writing that the Licensee has not complied with this Notice section, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) shall end immediately.
### 5. Endorsement
Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote any other works, or services derived from the licensed Work without specific prior written permission.
### 6. Permitted Use of Work
**6.1** The Work shall not be Used by any person or entity to display, market, or distribute images, artwork, or any other media that:
- is obscene
- is sexually explicit or suggestive
- depicts nudity or pornography
- contains detailed depictions of gore
**6.2** The Work shall not be Used by any person or entity to support or aid in the execution of acts of:
- sex trafficking
- human trafficking
- slavery
- indentured servitude
- warfare
- weapons manufacturing
- creation or development weapons of mass destruction
- war crimes
- violence ( except when required to protect public safety )
- abortion
- murder
- mass surveillance and/or stealing of private information
**6.3** The Work shall not be Used by any person or entity to frustrate, discourage, or prevent:
- peaceful assembly and association (including worker associations)
- democratic processes
**6.4** If you allow, serve, or otherwise provide the ability to Use the Work or any other work that Uses the Work to any other persons or entities, you must ensure that such service provides the necessary notice as defined in Section 3 and you must require that all users of the work must also comply with the Permitted Use of Work defined here in Section 6.
### 7. Compliance with Permitted Use of Work
**7.1** Permitted Use of Work.
- **7.1.2** Licensee shall use the Work in a manner consistent with Permitted Use of Work defined above.
- **7.1.3** Unless the Licensor and Licensee agree otherwise, any dispute, controversy, or claim arising out of or relating to (i) Section 7.1.2 regarding Permitted Use of Work, including the breach of Section 7.1.2, termination of this License for breach of the Permitted Use of Work, or invalidity of Section 7.1.2 or (ii) a determination of whether any Law is consistent or in conflict with Permitted Use of Work pursuant to Section 7.2, below, shall be settled by arbitration in the [Kleros] court.
**7.2** Indemnity. Licensee shall hold harmless and indemnify Licensor (and any other contributor) against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including Licensor’s reasonable attorneys’ fees, arising out of or relating to Licensee’s use of the Software in violation of Permitted Use of Work.
[Kleros]: https://kleros.io/
### 8. Failure to Comply
Any failure of Licensee to act according to the terms and conditions of this License is both a breach of the License and an infringement of the intellectual property rights of the Licensor (subject to exceptions under Laws, e.g., fair use). In the event of a breach or infringement, the terms and conditions of this License may be enforced by Licensor under the Laws of any jurisdiction to which Licensee is subject. Licensee also agrees that the Licensor may enforce the terms and conditions of this License against Licensee through specific performance (or similar remedy under Laws) to the extent permitted by Laws. For clarity, except in the event of a breach of this License, infringement, or as otherwise stated in this License, Licensor may not terminate this License with Licensee.
### 9. Enforceability and Interpretation
If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction; provided, however, subject to a court modification pursuant to the immediately following sentence, if any term or provision of this License pertaining to Permitted Use of Work is deemed invalid, illegal, or unenforceable against Licensee by a court of competent jurisdiction, all rights in the Work granted to Licensee shall be deemed null and void as between Licensor and Licensee. Upon a determination that any term or provision is invalid, illegal, or unenforceable, to the extent permitted by Laws, the court may modify this License to affect the original purpose that the Work be used in compliance with Permitted Use of Work as closely as possible. The language in this License shall be interpreted as to its fair meaning and not strictly for or against any party.
### 10. Revised Versions of this License
Katharos Technology may publish revised and/or new versions of the Katharos License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Work specifies that a certain numbered version of the Katharos License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by Katharos Technology. If the Work does not specify a version number of the Katharos License, you may choose any version ever published by Katharos Technology.
If the Work specifies that a proxy can decide which future versions of the Katharos License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Work.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
### 11. Limitation of Liability
TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND ANY OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
END OF TERMS AND CONDITIONS
## Use of the Katharos License
### Creating Derivative Licenses
You may freely modify and distribute your own derivatives of the Katharos License itself and apply it to your works provided that you do not call the derivative license the "Katharos License" and you clearly indicate that the derivative license is a modification of the Katharos License. Only wholly unmodified versions of the Katharos License may be called the "Katharos License".
### Disclaimer
THIS KATHAROS LICENSE IS OFFERED FOR USE BY LICENSORS AT THEIR OWN RISK, ON AN “AS IS” BASIS, AND WITH NO WARRANTIES EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAWS.
## Attribution
This license has incorporated verbatim and modified portions of the following licenses:
- [Hippocratic License Version 2.1](https://firstdonoharm.dev/version/2/1/license.html)
- [Do No Harm License](https://github.com/raisely/NoHarm)
- [BSD 3-Clause](https://spdx.org/licenses/BSD-3-Clause.html)
- [GNU General Public License Version 3 ( GPLv3 )](http://www.gnu.org/licenses/gpl-3.0.html)
Free Software License:
All rights are reserved by the author, with the following exceptions:
Permission is granted to freely reproduce and distribute this software,
possibly in exchange for a fee, provided that this copyright notice appears intact.
Permission is also granted to adapt this software to produce derivative works,
as long as the modified versions carry this copyright notice and additional notices
stating that the work has been modified. This source code may be translated into
executable form and incorporated into proprietary software; there is no requirement
for such software to contain a copyright notice related to this source.
This library is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License as
published by the Free Software Foundation; either version 3 of
the license or (at your option) at any later version that is
accepted by the membership of KDE e.V. (or its successor
approved by the membership of KDE e.V.), which shall act as a
proxy as defined in Section 14 of version 3 of the license.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
This library is free software; you can redistribute it and/or
modify it under the terms of the GNU Lesser General Public
License as published by the Free Software Foundation; either
version 3 of the license or (at your option) any later version
that is accepted by the membership of KDE e.V. (or its successor
approved by the membership of KDE e.V.), which shall act as a
proxy as defined in Section 6 of version 3 of the license.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
The Keep Enterprise Edition (EE) license (the Enterprise License)
Copyright (c) 2024-present Keep Alerting LTD
With regard to the Keep Software:
This software and associated documentation files (the "Software") may only be
used in production, if you (and any entity that you represent) have agreed to,
and are in compliance with, the Keep Subscription Terms of Service, available
(if not available, it's impossible to comply)
at https://www.keephq.dev/terms-of-service (the "The Enterprise Terms”), or other
agreement governing the use of the Software, as agreed by you and Keep,
and otherwise have a valid Keep Enterprise Edition subscription for the
correct number of user seats. Subject to the foregoing sentence, you are free to
modify this Software and publish patches to the Software. You agree that Keep
and/or its licensors (as applicable) retain all right, title and interest in and
to all such modifications and/or patches, and all such modifications and/or
patches may only be used, copied, modified, displayed, distributed, or otherwise
exploited with a valid Keep Enterprise Edition subscription for the correct
number of user seats. You agree that Keep and/or its licensors (as applicable) retain
all right, title and interest in and to all such modifications. You are not
granted any other rights beyond what is expressly stated herein. Subject to the
foregoing, it is forbidden to copy, merge, publish, distribute, sublicense,
and/or sell the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
For all third party components incorporated into the Keep Software, those
components are licensed under the original license provided by the owner of the
applicable component.
You may freely use or modify this code provided this
Copyright is included in all derived versions.
Kerberos License
Copyright @copyright{} 1985-2002 by the Massachusetts Institute of Technology.
Export of software employing encryption from the United States of America may
require a specific license from the United States Government. It is the
responsibility of any person or organization contemplating export to obtain such
a license before exporting.
WITHIN THAT CONSTRAINT, permission to use, copy, modify, and distribute this
software and its documentation for any purpose and without fee is hereby
granted, provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in supporting
documentation, and that the name of M.I.T. not be used in advertising or
publicity pertaining to distribution of the software without specific, written
prior permission. Furthermore if you modify this software you must label your
software as modified software and not distribute it in such a fashion that it
might be confused with the original MIT software. M.I.T. makes no
representations about the suitability of this software for any purpose. It is
provided ``as is'' without express or implied warranty.
The following copyright and permission notice applies to the OpenVision Kerberos
Administration system located in kadmin/create, kadmin/dbutil, kadmin/passwd,
kadmin/server, lib/kadm5, and portions of lib/rpc:
Copyright, OpenVision Technologies, Inc., 1996, All Rights Reserved
WARNING: Retrieving the OpenVision Kerberos Administration system source code,
as described below, indicates your acceptance of the following terms. If you do
not agree to the following terms, do not retrieve the OpenVision Kerberos
administration system.
You may freely use and distribute the Source Code and Object Code compiled from
it, with or without modification, but this Source Code is provided to you "AS
IS" EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY,
WHETHER EXPRESS OR IMPLIED. IN NO EVENT WILL OPENVISION HAVE ANY LIABILITY FOR
ANY LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF
THE SOURCE CODE, OR THE FAILURE OF THE SOURCE CODE TO PERFORM, OR FOR ANY OTHER
REASON.
OpenVision retains all copyrights in the donated Source Code. OpenVision also
retains copyright to derivative works of the Source Code, whether created by
OpenVision or by a third party. The OpenVision copyright notice must be
preserved if derivative works are made based on the donated Source Code.
OpenVision Technologies, Inc. has donated this Kerberos Administration system
to MIT for inclusion in the standard Kerberos 5 distribution. This donation
underscores our commitment to continuing Kerberos technology development and
our gratitude for the valuable work which has been performed by MIT and the
Kerberos community.
The implementation of the Yarrow pseudo-random number generator in
src/lib/crypto/yarrow has the following copyright:
Copyright 2000 by Zero-Knowledge Systems, Inc.
Permission to use, copy, modify, distribute, and sell this software and its
documentation for any purpose is hereby granted without fee, provided that the
above copyright notice appear in all copies and that both that copyright notice
and this permission notice appear in supporting documentation, and that the name
of Zero-Knowledge Systems, Inc. not be used in advertising or publicity
pertaining to distribution of the software without specific, written prior
permission. Zero-Knowledge Systems, Inc. makes no representations about the
suitability of this software for any purpose. It is provided "as is" without
express or implied warranty.
ZERO-KNOWLEDGE SYSTEMS, INC. DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO
EVENT SHALL ZERO- KNOWLEDGE SYSTEMS, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE.
The implementation of the AES encryption algorithm in src/lib/crypto/aes has the
following copyright: Copyright (c) 2001, Dr Brian Gladman <brg@@gladman.uk.net>,
Worcester, UK. All rights reserved. LICENSE TERMS
The free distribution and use of this software in both source and binary form is
allowed (with or without changes) provided that:
distributions of this source code include the above copyright notice, this list
of conditions and the following disclaimer;
distributions in binary form include the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
associated materials;
the copyright holder's name is not used to endorse products built using this
software without specific written permission.
DISCLAIMER
This software is provided 'as is' with no explcit or implied warranties in
respect of any properties, including, but not limited to, correctness and
fitness for purpose. University of California at Berkeley, which includes this
copyright notice:
Copyright @copyright{} 1983 Regents of the University of California.@* All
rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
All advertising materials mentioning features or use of this software must
display the following acknowledgement:
This product includes software developed by the University of California,
Berkeley and its contributors.
Neither the name of the University nor the names of its contributors may be used
to endorse or promote products derived from this software without specific prior
written permission.
Permission to use, copy, modify, and distribute this software
and its documentation for NON-COMMERCIAL or COMMERCIAL purposes and
without fee is hereby granted.
Please note that this software comes with NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED
BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER
PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED
BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER
OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose is hereby granted without fee, provided
that this copyright and permissions notice appear in all copies and
derivatives.
This software is supplied "as is" without express or implied warranty.
But that said, if there are any problems please get in touch.
Redistribution and use in binary form, without modification, are permitted provided that the following conditions are met:
Only unmodified installers and/or packages can be redistributed; redistribution of Keypirinha binaries in any other form is not permitted. Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, THE COPYRIGHT HOLDERS OR THE CONTRIBUTORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Uthmanic Script License
This Font is the property of King Fahd Glorious Quran Printing Complex,
and may not be reproduced, modified without the express written approval
of King Fahd Glorious Quran Printing Complex.
Alternatively, this file may be used under the terms of the GNU
General Public License version 2.0 or (at your option) the GNU General
Public license version 3 or any later version approved by the KDE Free
Qt Foundation. The licenses are as published by the Free Software
Foundation and appearing in the file LICENSE.GPL2 and LICENSE.GPL3
included in the packaging of this file. Please review the following
information to ensure the GNU General Public License requirements will
be met: https://www.gnu.org/licenses/gpl-2.0.html and
https://www.gnu.org/licenses/gpl-3.0.html.
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and/or associated documentation files (the
"Materials"), to deal in the Materials without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Materials, and to
permit persons to whom the Materials are furnished to do so, subject
to the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Materials.
THE MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.
To the extent that the creation of electronic designs that use 'Licensed Material'
can be considered to be 'Adapted Material', then the copyright holder waives article
3 of the license with respect to these designs and any generated files which use
data provided as part of the 'Licensed Material'.
This software is copyrighted. Unlimited copying and redistribution
of this package and/or its individual files are permitted
as long as there are no modifications. Modifications, and
redistribution of modifications, are also permitted, but
only if the resulting package and/or files are renamed.
Translated Copyright Man Page
The copyrights of all translated manpages in the Korean Manpage Project are inherited from copyright of the original English. There are no additional restrictions on the Korean Manpage Project. However, the secondary right which could be incurred on the translation is as follows:
1.Copyright of translated man page specified by translator is owned by the translator.
2.Copyright of translated man page unspecified by translator is owned by the Korean Manpage Project.
3.For archives distributed as packages in the Korean Manpage Project, copyright of the archive is owned by the Korean Manpage Project.
4.Even if the cases listed above, there are no restrictions on the modification or redistribution of document. If the document is modified or redistributed it must specify the source of appropriate manpage is from Koren Manpage Project so that the feedback has to be sent to the Korean Manpage Project.
Exception
It is possible the documents on this site may contain false information due to a technical error or mistranslation. However, Korean Manpage Project does not guarantee anything even in this case. If there is false information, please let administrator know or report the error to the appropriate place on the homepage. The documents of this site are subject to change, delete, or move without notice due to error correction of the documents.
KREATIVE SOFTWARE RELAY FONTS FREE USE LICENSE
version 1.2f
Permission is hereby granted, free of charge, to any person or entity (the "User") obtaining a copy of the included font files (the "Software") produced by Kreative Software, to utilize, display, embed, or redistribute the Software, subject to the following conditions:
1. The User may not sell copies of the Software for a fee.
1a. The User may give away copies of the Software free of charge provided this license and any documentation is included verbatim and credit is given to Kreative Korporation or Kreative Software.
2. The User may not modify, reverse-engineer, or create any derivative works of the Software.
3. Any Software carrying the following font names or variations thereof is not covered by this license and may not be used under the terms of this license: Jewel Hill, Miss Diode n Friends, This is Beckie's font!
3a. Any Software carrying a font name ending with the string "Pro CE" is not covered by this license and may not be used under the terms of this license.
4. This license becomes null and void if any of the above conditions are not met.
5. Kreative Software reserves the right to change this license at any time without notice.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR FROM OTHER DEALINGS IN THE SOFTWARE.
# KubeSphere Open Source License
KubeSphere is licensed under the Apache License 2.0, with the following additional conditions:
1. You are permitted to use KubeSphere for your own applications or projects as backend services, and you have the freedom to modify or extend the source code. However, explicit permission or a commercial license from the producer is required for the following scenarios:
a. Commercial use (Offering On-Premises or Cloud-based products or services to third parties) including using KubeSphere as a standalone commercial product, integrating it into your commercial products, or distributing it to third parties.
b. Offering KubeSphere as a SaaS (Software as a Service) service.
c. Removing or altering KubeSphere's logo or name.
For licensing inquiries, please contact kubesphere@yunify.com .
2. As a contributor, you should agree that:
a. The project maintainers have the authority to modify the open-source license.
b. Your contributed code may be utilized for commercial purposes.
3. These additional conditions apply exclusively to KubeSphere version 4.x and all future versions. Versions 3.4.x and earlier are not included under these terms and continue to be governed by their previous licenses.
Apart from these additional conditions, all other rights and restrictions are governed by the Apache License 2.0, available at http://www.apache.org/licenses/LICENSE-2.0.
------
Copyright 2024 the KubeSphere Authors.
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
This code is 100% free. Use it anywhere you
want. Rewrite it, restructure it, whatever. If you can write software
that makes money off of it, good for you. I kinda like capitalism.
Please don't blame me if it causes your $30 billion dollar satellite
explode in orbit. If you redistribute it in any form, I'd appreciate it
if you would leave this notice here.
LA_OPT_NXP_Software_License v51 November 2023
IMPORTANT. Read the following NXP Software License Agreement ("Agreement") completely. By selecting the "I Accept" button at the end of this page, or by downloading, installing, or using the Licensed Software, you indicate that you accept the terms of the Agreement, and you acknowledge that you have the authority, for yourself or on behalf of your company, to bind your company to these terms. You may then download or install the file. In the event of a conflict between the terms of this Agreement and any license terms and conditions for NXP’s proprietary software embedded anywhere in the Licensed Software file, the terms of this Agreement shall control. If a separate license agreement for the Licensed Software has been signed by you and NXP, then that agreement shall govern your use of the Licensed Software and shall supersede this Agreement.
NXP SOFTWARE LICENSE AGREEMENT
This is a legal agreement between your employer, of which you are an authorized representative, or, if you have no employer, you as an individual ("you" or "Licensee"), and NXP B.V. ("NXP"). It concerns your rights to use the software provided to you in binary or source code form and any accompanying written materials (the "Licensed Software"). The Licensed Software may include any updates or error corrections or documentation relating to the Licensed Software provided to you by NXP under this Agreement. In consideration for NXP allowing you to access the Licensed Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, do not download or install the Licensed Software. If you change your mind later, stop using the Licensed Software and delete all copies of the Licensed Software in your possession or control. Any copies of the Licensed Software that you have already distributed, where permitted, and do not destroy will continue to be governed by this Agreement. Your prior use will also continue to be governed by this Agreement.
1. DEFINITIONS
1.1. "Affiliate" means, with respect to a party, any corporation or other legal entity that now or hereafter Controls, is Controlled by or is under common Control with such party; where "Control" means the direct or indirect ownership of greater than fifty percent (50%) of the shares or similar interests entitled to vote for the election of directors or other persons performing similar functions. An entity is considered an Affiliate only so long as such Control exists.
1.2 "Authorized System" means either (i) Licensee’s hardware product which incorporates an NXP Product or (ii) Licensee’s software program which is used exclusively in connection with an NXP Product and with which the Licensed Software will be integrated.
1.3. "Derivative Work" means a work based upon one or more pre-existing works. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a Derivative Work.
1.4 "Intellectual Property Rights" means any and all rights under statute, common law or equity in and under copyrights, trade secrets, and patents (including utility models), and analogous rights throughout the world, including any applications for and the right to apply for, any of the foregoing.
1.5 "NXP Product" means a hardware product (e.g. a microprocessor, microcontroller, sensor or digital signal processor) and/or services (e.g. cloud platform services) supplied directly or indirectly from NXP or an NXP Affiliate, unless there is a product specified in the Software Content Register, in which case this definition is limited to such product.
1.6 "Software Content Register" means the documentation which may accompany the Licensed Software which identifies the contents of the Licensed Software, including but not limited to identification of any Third Party Software, if any, and may also contain other related information as whether the license in 2.3 is applicable.
1.7 "Third Party Software" means, any software included in the Licensed Software that is not NXP proprietary software, and is not open source software, and to which different license terms may apply.
2. LICENSE GRANT.
2.1. If you are not expressly granted the distribution license in Section 2.3 in the Software Content Register, then you are only granted the rights in Section 2.2 and not in 2.3. If you are expressly granted the distribution license in Section 2.3 in the Software Content Register, then you are granted the rights in both Section 2.2 and 2.3.
2.2. Standard License. Subject to the terms and conditions of this Agreement, NXP grants you a worldwide, personal, non-transferable, non-exclusive, non-sublicensable license, solely for the development of an Authorized System:
(a) to use and reproduce the Licensed Software (and its Derivative Works prepared under the license in Section 2.2(b)) solely in combination with a NXP Product; and
(b) for Licensed Software provided to you in source code form (human readable), to prepare Derivative Works of the Licensed Software solely for use in combination with a NXP Product.
You may not distribute or sublicense the Licensed Software to others under the license granted in this Section 2.2.
You may demonstrate the Licensed Software to your direct customers as part of an Authorized System so long as such demonstration is directly controlled by you and without prior approval by NXP; however, to all other third parties only if NXP has provided its advance, written approval (e.g. email approval) of your demonstrating the Licensed Software to specified third parties or at specified event(s). You may not leave the Licensed Software with a direct customer or any other third party at any time.
2.3. Additional Distribution License. If expressly authorized in the Software Content Register, subject to the terms and conditions of this Agreement, NXP grants you a worldwide, personal, non-transferable, non-exclusive, non-sublicensable license solely in connection with your manufacturing and distribution of an Authorized System:
(a) to manufacture (or have manufactured), distribute, and market the Licensed Software (and its Derivative Works prepared under the license in 2.2(b)) in object code (machine readable format) only as part of, or embedded within, Authorized Systems and not on a standalone basis solely for use in combination with a NXP Product. Notwithstanding the foregoing, those files marked as .h files ("Header files") may be distributed in source or object code form, but only as part of, or embedded within Authorized Systems; and
(b) to copy and distribute as needed, solely in connection with an Authorized System and for use in combination with a NXP Product, non-confidential NXP information provided as part of the Licensed Software for the purpose of maintaining and supporting Authorized Systems with which the Licensed Software is integrated.
2.4 Separate license grants to Third Party Software, or other terms applicable to the Licensed Software if different from those granted in this Section 2, are contained in Appendix A. The Licensed Software may be accompanied by a Software Content Register which will identify that portion of the Licensed Software, if any, that is subject to the different terms in Appendix A.
2.5. You may use subcontractors to exercise your rights under Section 2.2 and Section 2.3, if any, so long as you have an agreement in place with the subcontractor containing confidentiality restrictions no less stringent than those contained in this Agreement. You will remain liable for your subcontractors’ adherence to the terms of this Agreement and for any and all acts and omissions of such subcontractors with respect to this Agreement and the Licensed Software.
3. LICENSE LIMITATIONS AND RESTRICTIONS.
3.1. The licenses granted above in Section 2 only extend to NXP Intellectual Property Rights that would be infringed by the unmodified Licensed Software prior to your preparation of any Derivative Work.
3.2. The Licensed Software is licensed to you, not sold. Title to Licensed Software delivered hereunder remains vested in NXP or NXP’s licensor and cannot be assigned or transferred. You are expressly forbidden from selling or otherwise distributing the Licensed Software, or any portion thereof, except as expressly permitted herein. This Agreement does not grant to you any implied rights under any NXP or third party Intellectual Property Rights.
3.3. You may not translate, reverse engineer, decompile, or disassemble the Licensed Software except to the extent applicable law specifically prohibits such restriction. You must prohibit your subcontractors or customers (if distribution is permitted) from translating, reverse engineering, decompiling, or disassembling the Licensed Software except to the extent applicable law specifically prohibits such restriction.
3.4. You must reproduce any and all of NXP’s (or its third-party licensor’s) copyright notices and other proprietary legends on copies of Licensed Software.
3.5. If you distribute the Licensed Software to the United States Government, then the Licensed Software is "restricted computer software" and is subject to FAR 52.227-19.
3.6. You grant to NXP a non-exclusive, non-transferable, irrevocable, perpetual, worldwide, royalty-free, sub-licensable license under your Intellectual Property Rights to use without restriction and for any purpose any suggestion, comment or other feedback related to the Licensed Software (including, but not limited to, error corrections and bug fixes).
3.7. You will not take or fail to take any action that could subject the Licensed Software to an Excluded License. An Excluded License means any license that requires, as a condition of use, modification or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with the software be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making Derivative Works; or (iii) redistributable at no charge.
3.8. You may not publish or distribute reports associated with the use of the Licensed Software to anyone other than NXP. You may advise NXP of any results obtained from your use of the Licensed Software, including any problems or suggested improvements thereof, and NXP retains the right to use such results and related information in any manner it deems appropriate.
4. OPEN SOURCE. Open source software included in the Licensed Software is not licensed under the terms of this Agreement but is instead licensed under the terms of the applicable open source license(s), such as the BSD License, Apache License or the GNU Lesser General Public License. Your use of the open source software is subject to the terms of each applicable license. You must agree to the terms of each applicable license, or you cannot use the open source software.
5. INTELLECTUAL PROPERTY RIGHTS.
Upon request, you must provide NXP the source code of any derivative of the Licensed Software.
Unless prohibited by law, the following paragraph shall apply. Your modifications to the Licensed Software, and all intellectual property rights associated with, and title thereto, will be the property of NXP. You agree to assign all, and hereby do assign all rights, title, and interest to any such modifications to the Licensed Software to NXP and agree to provide all assistance reasonably requested by NXP to establish, preserve or enforce such right. Further, you agree to waive all moral rights relating to your modifications to the Licensed Software, including, without limitation, all rights of identification of authorship and all rights of approval, restriction, or limitation on use or subsequent modification. Notwithstanding the foregoing, you will have the license rights granted in Section 2 hereto to any such modifications made by you or your licensees.
Otherwise, you agree to grant an irrevocable, worldwide, and perpetual license to NXP to make, have made, use, sell, offer to sell, import, commercialize, sublicense and reproduce your modifications or derivative works to the Licensed Software without any payment to Licensee. You agree to provide all assistance reasonably requested by NXP to establish, preserve or enforce such right.
6. ESSENTIAL PATENTS. NXP has no obligation to identify or obtain any license to any Intellectual Property Right of a third-party that may be necessary for use in connection with technology that is incorporated into the Authorized System (whether or not as part of the Licensed Software).
7. TERM AND TERMINATION. This Agreement will remain in effect unless terminated as provided in this Section.
7.1. You may terminate this Agreement immediately upon written notice to NXP at the address provided below.
7.2. Either party may terminate this Agreement if the other party is in default of any of the terms and conditions of this Agreement, and termination is effective if the defaulting party fails to correct such default within 30 days after written notice thereof by the non-defaulting party to the defaulting party at the address below.
7.3. Notwithstanding the foregoing, NXP may terminate this Agreement immediately upon written notice if you: breach any of your confidentiality obligations or the license restrictions under this Agreement; become bankrupt, insolvent, or file a petition for bankruptcy or insolvency; make an assignment for the benefit of its creditors; enter proceedings for winding up or dissolution; are dissolved; or are nationalized or become subject to the expropriation of all or substantially all of your business or assets.
7.4. Upon termination of this Agreement, all licenses granted under Section 2 will expire.
7.5. After termination of this Agreement by either party you will destroy all parts of Licensed Software and its Derivative Works (if any) and will provide to NXP a statement certifying the same.
7.6. Notwithstanding the termination of this Agreement for any reason, the terms of Sections 1 and 3 through 24 will survive.
8. SUPPORT. NXP is not obligated to provide any support, upgrades or new releases of the Licensed Software under this Agreement. If you wish, you may contact NXP and report problems and provide suggestions regarding the Licensed Software. NXP has no obligation to respond to such a problem report or suggestion. NXP may make changes to the Licensed Software at any time, without any obligation to notify or provide updated versions of the Licensed Software to you.
9. NO WARRANTY. To the maximum extent permitted by law, NXP expressly disclaims any warranty for the Licensed Software. The Licensed Software is provided "AS IS", without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume the entire risk arising out of the use or performance of the licensed software, or any systems you design using the licensed software (if any).
10. INDEMNITY. You agree to fully defend and indemnify NXP from all claims, liabilities, and costs (including reasonable attorney’s fees) related to (1) your use (including your subcontractor’s or distributee’s use, if permitted) of the Licensed Software or (2) your violation of the terms and conditions of this Agreement.
11. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS), SECTION 16 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 10 (INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NXP’S TOTAL LIABILITY FOR ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO NXP IN CONNECTION WITH THE LICENSED SOFTWARE PROVIDED UNDER THIS AGREEMENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED.
12. EXPORT COMPLIANCE. Each party shall comply with all applicable export and import control laws and regulations including but not limited to the US Export Administration Regulation (including restrictions on certain military end uses and military end users as specified in Section 15 C.F.R. § 744.21 and prohibited party lists issued by other federal governments), Catch-all regulations and all national and international embargoes. Each party further agrees that it will not knowingly transfer, divert, export or re-export, directly or indirectly, any product, software, including software source code, or technology restricted by such regulations or by other applicable national regulations, received from the other party under this Agreement, or any direct product of such software or technical data to any person, firm, entity, country or destination to which such transfer, diversion, export or re-export is restricted or prohibited, without obtaining prior written authorization from the applicable competent government authorities to the extent required by those laws.
13. GOVERNMENT CONTRACT COMPLIANCE
13.1. If you sell Authorized Systems directly to any government or public entity, including U.S., state, local, foreign or international governments or public entities, or indirectly via a prime contractor or subcontractor of such governments or entities, NXP makes no representations, certifications, or warranties whatsoever about compliance with government or public entity acquisition statutes or regulations, including, without limitation, statutes or regulations that may relate to pricing, quality, origin or content.
13.2. The Licensed Software has been developed at private expense and is a "Commercial Item" as defined in 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software", and/or "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 (or 48 C.F.R. Section 227.7202, as applicable) and may only be licensed to or shared with U.S. Government end users in object code form as part of, or embedded within, Authorized Systems. Any agreement pursuant to which you share the Licensed Software will include a provision that reiterates the limitations of this document and requires all sub-agreements to similarly contain such limitations.
14. CRITICAL APPLICATIONS. In some cases, NXP may promote certain software for use in the development of, or for incorporation into, products or services (a) used in applications requiring fail-safe performance or (b) in which failure could lead to death, personal injury, or severe physical or environmental damage (these products and services are referred to as "Critical Applications"). NXP’s goal is to educate customers so that they can design their own end-product solutions to meet applicable functional safety standards and requirements. Licensee makes the ultimate design decisions regarding its products and is solely responsible for compliance with all legal, regulatory, safety, and security related requirements concerning its products, regardless of any information or support that may be provided by NXP. As such, Licensee assumes all risk related to use of the Licensed Software in Critical Applications and NXP SHALL NOT BE LIABLE FOR ANY SUCH USE IN CRITICAL APPLICATIONS BY LICENSEE. Accordingly, Licensee will indemnify and hold NXP harmless from any claims, liabilities, damages and associated costs and expenses (including attorneys’ fees) that NXP may incur related to Licensee’s incorporation of the Licensed Software in a Critical Application.
15. CHOICE OF LAW; VENUE. This Agreement will be governed by, construed, and enforced in accordance with the laws of The Netherlands, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or the Licensed Software, and you agree that any litigation will be subject to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this document.
16. CONFIDENTIAL INFORMATION. Subject to the license grants and restrictions contained herein, you must treat the Licensed Software as confidential information and you agree to retain the Licensed Software in confidence perpetually. You may not disclose any part of the Licensed Software to anyone other than distributees in accordance with Section 2.3 and employees, or subcontractors in accordance with Section 2.5, who have a need to know of the Licensed Software and who have executed written agreements obligating them to protect such Licensed Software to at least the same degree of confidentiality as in this Agreement. You agree to use the same degree of care, but no less than a reasonable degree of care, with the Licensed Software as you do with your own confidential information. You may disclose Licensed Software to the extent required by a court or under operation of law or order provided that you notify NXP of such requirement prior to disclosure, which you only disclose the minimum of the required information, and that you allow NXP the opportunity to object to such court or other legal body requiring such disclosure.
17. TRADEMARKS. You are not authorized to use any NXP trademarks, brand names, or logos.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and NXP regarding the subject matter of this Agreement, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, signed by you and NXP.
19. SEVERABILITY. If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive you or NXP of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision.
20. NO WAIVER. The waiver by NXP of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.
21. AUDIT. You will keep full, clear and accurate records with respect to your compliance with the limited license rights granted under this Agreement for three years following expiration or termination of this Agreement. NXP will have the right, either itself or through an independent certified public accountant to examine and audit, at NXP’s expense, not more than once a year, and during normal business hours, all such records that may bear upon your compliance with the limited license rights granted above. You must make prompt adjustment to compensate for any errors and/or omissions disclosed by such examination or audit.
22. NOTICES. All notices and communications under this Agreement will be made in writing, and will be effective when received at the following addresses:
NXP:
NXP B.V.
High Tech Campus 60
5656 AG Eindhoven
The Netherlands
ATTN: Legal Department
You:
The address provided at registration will be used.
23. RELATIONSHIP OF THE PARTIES. The parties are independent contractors. Nothing in this Agreement will be construed to create any partnership, joint venture, or similar relationship. Neither party is authorized to bind the other to any obligations with third parties.
24. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign this Agreement, or any part of this Agreement, without the prior written approval of NXP, which approval will not be unreasonably withheld or delayed. NXP may assign this Agreement, or any part of this Agreement, in its sole discretion.
25. PRIVACY. By agreeing to this Agreement and/or utilizing the Licensed Software, Licensee consents to use of certain personal information, including but not limited to name, email address, and location, for the purpose of NXP’s internal analysis regarding future software offerings. NXP’s complete Privacy Statement can be found at: https://www.nxp.com/company/our-company/about-nxp/privacy-statement:PRIVACYPRACTICES.
APPENDIX A
Other License Grants and Restrictions:
The Licensed Software may include some or all of the following software, which is either 1) Third Party Software or 2) NXP proprietary software subject to different terms than those in the Agreement. If the Software Content Register that accompanies the Licensed Software identifies any of the following Third Party Software or specific components of the NXP proprietary software, the following terms apply to the extent they deviate from the terms in the Agreement:
AGGIOS, Inc.: EnergyLab LITE and Seed software are distributed by NXP under license from AGGIOS, Inc. Your use of AGGIOS software, as the Licensee, is subject to the following: (i) use of AGGIOS software is limited to object code and Authorized System only; (ii) Licensee may not sublicense the AGGIOS software to any third party; (iii) Licensee is only granted an evaluation license for the Seed software, defined as license to use the Seed software internally for own evaluation purposes, limited to three (3) months. Further rights including but not limited to production deployment must be obtained directly from AGGIOS, Inc.
Airbiquity Inc.: The Airbiquity software may only be used in object code and Licensee may not sublicense the Airbiquity software to any third party. Licensee’s license to use the Airbiquity software expires on June 30, 2024.
Amazon: Use of the Amazon software constitutes your acceptance of the terms of the Amazon Program Materials License Agreement (including the AVS Component Schedule, if applicable), located at https://developer.amazon.com/support/legal/pml. All Amazon software is hereby designated "Amazon confidential". With the exception of the binary library of the Amazon Wake Word Engine for "Alexa", all Amazon software is also hereby designated as "Restricted Program Materials". Amazon is a third-party beneficiary to this Agreement with respect to the Amazon software.
Amazon Web Services, Inc.: AWS is an intended third-party beneficiary to this Agreement with respect to the Greengrass software. If you have an account with AWS that is not in good standing, you may not download, install, use or distribute the Greengrass software. You will comply with all instructions and requirements in any integration documents, guidelines, or other documentation AWS provides. The license to the Greengrass software will immediately terminate without notice if you (a) fail to comply with this Agreement or any other agreement with AWS, (b) fail to make timely payment for any AWS service, (c) fail to implement AWS updates, or (d) bring any action for intellectual property infringement against AWS or any AWS customer utilizing AWS services. Any dispute or claim relating to your use of the Greengrass software will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Amazon: AWS Fleetwise software must be used consistent with the terms found here: https://github.com/aws/aws-iot-fleetwise-edge/blob/main/LICENSE.
Amphion Semiconductor Ltd.: Distribution of Amphion software must be a part of, or embedded within, Authorized Systems that include an Amphion Video Decoder.
Apple MFi Software Development Kit: Use of Apple MFi Software and associated documentation is restricted to current Apple MFi licensees in accordance with the terms of their own valid and in-effect license from Apple.
Aquantia Corp.: You may use Aquantia's API binaries solely to flash the API software to an NXP Product which mates with an Aquantia device.
Argus Cyber Security: The Argus software may only be used in object code and only for evaluation and demonstration purposes.
Arm Toolkit: This tool is owned by Arm Limited. You may not reverse engineer, decompile or dissemble any ARM Toolkit. You agree to abide by any third-party IP requirements, including the relevant license terms where applicable, where such third-party IP is identified in the documentation provided with the ARM Toolkit. You may not copy the Arm Toolkit except solely for archival and backup purposes provided all notices are preserved. Arm disclaims any and all liability related to your use of the ARM Toolkit.
Atheros: Use of Atheros software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from Atheros.
ATI (AMD): Distribution of ATI software must be a part of, or embedded within, Authorized Systems that include a ATI graphics processor core.
Au-Zone Technologies: eIQ Portal, Model Tool, DeepViewRT and ModelRunner are distributed by NXP under license from Au-Zone Technologies. Your use of the Licensed Software, examples and related documentation is subject to the following:
(1) Use of Software is limited to Authorized System only
(2) In no event may Licensee Sublicense the Software
(3) AU-ZONE TECHNOLOGIES SHALL NOT BE LIABLE FOR USE OF LICENSED SOFTWARE IN CRITICAL APPLICATIONS BY LICENSEE
Broadcom Corporation: Your use of Broadcom Corporation software is restricted to Authorized Systems that incorporate a compatible integrated circuit device manufactured or sold by Broadcom.
Cadence Design Systems: Use of Cadence audio codec software is limited to distribution only of one copy per single NXP Product. The license granted herein to the Cadence Design Systems HiFi aacPlus Audio Decoder software does not include a license to the AAC family of technologies which you or your customer may need to obtain. Configuration tool outputs may only be distributed by licensees of the relevant Cadence SDK and distribution is limited to distribution of one copy embedded in a single NXP Product. Your use of Cadence NatureDSP Libraries whether in source code or in binary is restricted to NXP SoC based systems or emulation enablement based on NXP SoC.
CEVA D.S.P. Ltd. And CEVA Technologies Inc. ("CEVA"): The CEVA-SPF2 linear algebra, CEVA-SPF2 Neural Network Libraries, CEVA-SPF2 Core Libraries, CEVA-SPF2 OpenAMP and CEVA-SPF2 STL licensed modules are owned by CEVA and such materials may only be used in connection with an NXP product containing the S250 or S125 integrated circuits, whether or not the CEVA-SPF2 Core is physically implemented and/or enabled on such NXP product
Cirque Corporation: Use of Cirque Corporation technology is limited to evaluation, demonstration, or certification testing only. Permitted distributions must be similarly limited. Further rights, including but not limited to ANY commercial distribution rights, must be obtained directly from Cirque Corporation.
Coding Technologies (Dolby Labs): Use of CTS software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained from Dolby Laboratories.
Coremark: Use of the Coremark benchmarking software is subject to the following terms and conditions: https://github.com/eembc/coremark/blob/main/LICENSE.md
CSR: Use of Cambridge Silicon Radio, Inc. ("CSR") software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from CSR.
Crank: Use of Crank Software Inc. software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from Crank Software Inc.
Cypress Semiconductor Corporation: WWD RTOS source code may only be used in accordance with the Cypress IOT Community License Agreement obtained directly from Cypress Semiconductor Corporation.
Elektrobit Automotive GmbH ("EB"): EB software must be used consistent with the EB License Terms and Conditions, Version 1.4 (Dec 2019) found here: https://www.elektrobit.com/legal-notice/ . Licensee is only granted an evaluation license for the EB software, defined as license to use the EB software internally for own evaluation purposes, limited to three (3) months. Production deployment of the EB software using this license is prohibited. See additionally Section 2.1.1 EB EULA.
Embedded Systems Academy GmbH (EmSA): Any use of Micro CANopen Plus is subject to the acceptance of the license conditions described in the LICENSE.INFO file distributed with all example projects and in the documentation and the additional clause described below.
Clause 1: Micro CANopen Plus may not be used for any competitive or comparative purpose, including the publication of any form of run time or compile time metric, without the express permission of EmSA.
Fenopix Technologies Private Limited: Under no circumstances may the CanvasJS software product be used in any way that would compete with any product from Fenopix. License to the CanvasJS software will terminate immediately without notice if Licensee fail to comply with any provision of this Agreement.
Fraunhofer IIS: Fraunhofer MPEG Audio Decoder (Fraunhofer copyright) - If you are provided MPEG-H decoding functionality, you understand that NXP will provide Fraunhofer your name and contact information.
Future Technology Devices International Ltd.: Future Technology Devices International software must be used consistent with the terms found here: http://www.ftdichip.com/Drivers/FTDriverLicenceTerms.htm
Global Locate (Broadcom Corporation): Use of Global Locate, Inc. software is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained from Global Locate.
IAR Systems: Use of IAR flashloader or any IAR source code is subject to the terms of the IAR Source License located within the IAR zip package. The IAR Source License applies to linker command files, example projects unless another license is explicitly stated, the cstartup code, low_level_init.c, and some other low-level runtime library files.
LC3plus: the LC3plus Low Complexity Communication Codec Plus (LC3plus) per ETSI TS 103 634 V1.3.1, is subject to ETSI Intellectual Property Rights Policy, See https://portal.etsi.org/directives/45_directives_jun_2022.pdf. For application in an End Product, Fraunhofer communication applies, see https://www.iis.fraunhofer.de/en/ff/amm/communication/lc3.html
Lumissil: Use of the Lumissil software constitutes your acceptance of the terms of the Lumissil Software License Agreement. A link to the agreement is incorporated as follows: https://www.lumissil.com/assets/pdf/support/2023%20Lumissil%20IS3xCG5317%20Software%20License%20Agreement%20NXP.pdf .
Microsoft: Except for Microsoft PlayReady software, if the Licensed Software includes software owned by Microsoft Corporation ("Microsoft"), it is subject to the terms of your license with Microsoft (the "Microsoft Underlying Licensed Software") and as such, NXP grants no license to you, beyond evaluation and demonstration in connection with NXP processors, in the Microsoft Underlying Licensed Software. You must separately obtain rights beyond evaluation and demonstration in connection with the Microsoft Underlying Licensed Software from Microsoft. Microsoft does not provide support services for the components provided to you through this Agreement. If you have any questions or require technical assistance, please contact NXP. Microsoft Corporation is a third party beneficiary to this Agreement with the right to enforce the terms of this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT AND ITS AFFILIATES DISCLAIM ANY WARRANTIES FOR THE MICROSOFT UNDERLYING LICENSED SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICROSOFT NOR ITS AFFILIATES WILL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, ARISING FROM THE FROM THE USE OF THE MICROSOFT UNDERLYING LICENSED SOFTWARE. With respect to the Microsoft PlayReady software, you will have the license rights granted in Section 2, provided that you may not use the Microsoft PlayReady software unless you have entered into a Microsoft PlayReady Master Agreement and license directly with Microsoft.
MindTree: Notwithstanding the terms contained in Section 2.3 (a), if the Licensed Software includes proprietary software of MindTree in source code format, Licensee may make modifications and create derivative works only to the extent necessary for debugging of the Licensed Software.
MM SOLUTIONS AD: Use of MM SOLUTIONS AEC (Auto Exposure Control) and AWB (Auto White Balance) software is limited to demonstration, testing, and evaluation only. In no event may Licensee distribute or sublicense the MM SOLUTIONS software. Further rights must be obtained directly from MM SOLUTIONS.
MPEG LA: Use of MPEG LA audio or video codec technology is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from MPEG LA.
MQX RTOS Code: MQX RTOS source code may not be re-distributed by any NXP Licensee under any circumstance, even by a signed written amendment to this Agreement.
NXP Voice Software: VoiceSpot, VoiceSeeker (including AEC), VIT Speech to Intent, and Conversa may be used for evaluation or demonstration purposes only. Any commercial distribution rights are subject to a separate royalty agreement obtained from NXP.
NXP Wireless Charging Library: License to the Software is limited to use in inductive coupling or wireless charging applications
Opus: Use of Opus software must be consistent with the terms of the Opus license which can be found at: http://www.opus-codec.org/license/
Oracle JRE (Java): The Oracle JRE must be used consistent with terms found here: http://java.com/license
P&E Micro: P&E Software must be used consistent with the terms found here: http://www.pemicro.com/licenses/gdbserver/license_gdb.pdf
Pro Design Electronic: Licensee may not modify, create derivative works based on, or copy the Pro Design software, documentation, hardware execution key or the accompanying materials. Licensee shall not use Pro Design's or any of its licensors names, logos or trademarks to market the Authorized System. Only NXP customers and distributors are permitted to further redistribute the Pro Design software and only as part of an Authorized System which contains the Pro Design software.
Qualcomm Atheros, Inc.: Notwithstanding anything in this Agreement, Qualcomm Atheros, Inc. Wi-Fi software must be used strictly in accordance with the Qualcomm Atheros, Inc. Technology License Agreement that accompanies such software. Any other use is expressly prohibited.
Real Networks - GStreamer Optimized Real Format Client Code implementation or OpenMax Optimized Real Format Client Code: Use of the GStreamer Optimized Real Format Client Code, or OpenMax Optimized Real Format Client code is restricted to applications in the automotive market. Licensee must be a final manufacturer in good standing with a current license with Real Networks for the commercial use and distribution of products containing the GStreamer Optimized Real Format Client Code implementation or OpenMax Optimized Real Format Client Code
Real-Time Innovations, Inc.: Not withstanding anything in this Agreement, Real-Time Innovations, Inc. software must be used strictly in accordance with Real-Time Innovations, Inc.'s Automotive Software Evaluation License Agreement, available here: https://www.rti.com/hubfs/_Collateral/Services_and_Support/Automotive_Evaluation_SLA_90_dayNXP.pdf . Any other use is expressly prohibited.
RivieraWaves SAS (a member of the CEVA, Inc. family of companies): You may not use the RivieraWaves intellectual property licensed under this Agreement if you develop, market, and/or license products similar to such RivieraWaves intellectual property. Such use constitutes a breach of this Agreement. Any such use rights must be obtained directly from RivieraWaves.
SanDisk Corporation: If the Licensed Software includes software developed by SanDisk Corporation ("SanDisk"), you must separately obtain the rights to reproduce and distribute this software in source code form from SanDisk. Please follow these easy steps to obtain the license and software:
(1) Contact your local SanDisk sales representative to obtain the SanDisk License Agreement.
(2) Sign the license agreement. Fax the signed agreement to SanDisk USA marketing department at 408-542-0403. The license will be valid when fully executed by SanDisk.
(3) If you have specific questions, please send an email to sales@sandisk.com
You may only use the SanDisk Corporation Licensed Software on products compatible with a SanDisk Secure Digital Card. You may not use the SanDisk Corporation Licensed Software on any memory device product. SanDisk retains all rights to any modifications or derivative works to the SanDisk Corporation Licensed Software that you may create.
SEGGER Microcontroller - emWin Software: Your use of SEGGER emWin software and components is restricted for development of NXP ARM7, ARM9, Cortex-M0, Cortex-M3, Cortex-M4, Cortex-M33, Cortex-M7, and Cortex-A7 based products only.
SEGGER Microcontroller - J-Link/J-Trace Software: Segger software must be used consistent with the terms found here: http://www.segger.com/jlink-software.html
Synopsys/BLE Software: Your use of the Synopsys/BLE Software and related documentation is subject to the following:
(1) Synopsys is third-party beneficiaries of, and thus may enforce against you, the license restrictions and confidentiality obligations in this agreement with respect to their intellectual property and proprietary information.
(2) Your distribution of the Licensed Software shall subject any recipient to a written agreement at least as protective of the Licensed Software as provided in this Agreement.
Synopsys/Target Compiler Technologies: Your use of the Synopsys/Target Compiler Technologies Licensed Software and related documentation is subject to the following:
(1) Duration of the license for the Licensed Software is limited to 12 months, unless otherwise specified in the license file.
(2) The Licensed Software is usable by one user at a time on a single designated computer, unless otherwise agreed by Synopsys.
(3) Licensed Software and documentation are to be used only on a designated computer at the designated physical address provided by you on the APEX license form.
(4) The Licensed Software is not sub-licensable.
T2 Labs / T2 Software: As a condition to the grant of any license under this Agreement, you represent and warrant that you will comply with all licenses, agreements, rules and bylaws of the Bluetooth SIG (Special Interest Group ) applicable to the licensed software and documentation and its use which may affect when and if you may take certain actions under licenses granted hereunder.
The license grant under this Agreement is conditional to you being (i) a Bluetooth SIG Associate member until such time as the specifications for the software are made public to Bluetooth SIG members of any level and (ii) thereafter a Bluetooth SIG member of any level.
Notwithstanding the terms contained in Section 2.3 (a), if the licensed software includes proprietary software in source code format, you may make modifications and create derivative works only to the extent necessary for improving the performance of the source code with the NXP products or your products and for creating enhancements of such products. You may not further sublicense or otherwise distribute the source code, or any modifications or derivatives thereof as stand-alone products. You will be responsible for qualifying any modifications or derivatives with the Bluetooth SIG and any other qualifying bodies.
TARA Systems: Use of TARA Systems GUI technology Embedded Wizard is limited to evaluation and demonstration only. Permitted distributions must be similarly limited. Further rights must be obtained directly from TARA Systems.
Texas Instruments: Your use of Texas Instruments Inc. WiLink8 Licensed Software is restricted to NXP SoC based systems that include a compatible connectivity device manufactured by TI.
TES Electronic Solutions Germany (TES): TES 3D Surround View software and associated data and documentation may only be used for evaluation purposes and for demonstration to third parties in integrated form on a board package containing an NXP S32V234 device. Licensee may not distribute or sublicense the TES software. Your license to the TES software may be terminated at any time upon notice.
Vivante: Distribution of Vivante software must be a part of, or embedded within, Authorized Systems that include a Vivante Graphics Processing Unit.
Licence Art Libre
[ Copyleft Attitude ]
Version 1.2
Préambule :
Avec cette Licence Art Libre, l’autorisation est donnée de copier, de diffuser et de transformer librement les oeuvres dans le respect des droits de l’auteur.
Loin d’ignorer les droits de l’auteur, cette licence les reconnaît et les protège. Elle en reformule le principe en permettant au public de faire un usage créatif des oeuvres d’art.
Alors que l’usage fait du droit de la propriété littéraire et artistique conduit à restreindre l’accès du public à l’oeuvre, la Licence Art Libre a pour but de le favoriser.
L’intention est d’ouvrir l’accès et d’autoriser l’utilisation des ressources d’une oeuvre par le plus grand nombre. En avoir jouissance pour en multiplier les réjouissances, créer de nouvelles conditions de création pour amplifier les possibilités de création. Dans le respect des auteurs avec la reconnaissance et la défense de leur droit moral.
En effet, avec la venue du numérique, l’invention de l’internet et des logiciels libres, un nouveau mode de création et de production est apparu. Il est aussi l’amplification de ce qui a été expérimenté par nombre d’artistes contemporains.
Le savoir et la création sont des ressources qui doivent demeurer libres pour être encore véritablement du savoir et de la création. C’est à dire rester une recherche fondamentale qui ne soit pas directement liée à une application concrète. Créer c’est découvrir l’inconnu, c’est inventer le réel avant tout souci de réalisme.
Ainsi, l’objet de l’art n’est pas confondu avec l’objet d’art fini et défini comme tel.
C’est la raison essentielle de cette Licence Art Libre : promouvoir et protéger des pratiques artistiques libérées des seules règles de l’économie de marché.
DÉFINITIONS
– L’oeuvre :
il s’agit d’une oeuvre commune qui comprend l’oeuvre originelle ainsi que toutes les contributions postérieures (les originaux conséquents et les copies). Elle est créée à l’initiative de l’auteur originel qui par cette licence définit les conditions selon lesquelles les contributions sont faites.
– L’oeuvre originelle :
c’est-à-dire l’oeuvre créée par l’initiateur de l’oeuvre commune dont les copies vont être modifiées par qui le souhaite.
– Les oeuvres conséquentes :
c’est-à-dire les propositions des auteurs qui contribuent à la formation de l’oeuvre en faisant usage des droits de reproduction, de diffusion et de modification que leur confère la licence.
– Original (source ou ressource de l’oeuvre) :
exemplaire daté de l’oeuvre, de sa définition, de sa partition ou de son programme que l’auteur présente comme référence pour toutes actualisations, interprétations, copies ou reproductions ultérieures.
– Copie :
toute reproduction d’un original au sens de cette licence.
– Auteur de l’oeuvre originelle :
c’est la personne qui a créé l’oeuvre à l’origine d’une arborescence de cette oeuvre modifiée. Par cette licence, l’auteur détermine les conditions dans lesquelles ce travail se fait.
– Contributeur :
toute personne qui contribue à la création de l’oeuvre. Il est l’auteur d’une oeuvre originale résultant de la modification d’une copie de l’oeuvre originelle ou de la modification d’une copie d’une oeuvre conséquente.
1. OBJET
Cette licence a pour objet de définir les conditions selon lesquelles vous pouvez jouir librement de cette oeuvre.
2. L’ÉTENDUE DE LA JOUISSANCE
Cette oeuvre est soumise au droit d’auteur, et l’auteur par cette
licence vous indique quelles sont vos libertés pour la copier, la
diffuser et la modifier:
2.1 LA LIBERTÉ DE COPIER (OU DE REPRODUCTION)
Vous avez la liberté de copier cette oeuvre pour un usage personnel, pour vos amis, ou toute autre personne et quelque soit la technique employée.
2.2 LA LIBERTÉ DE DIFFUSER, D’INTERPRÉTER (OU DE REPRÉSENTATION)
Vous pouvez diffuser librement les copies de ces oeuvres, modifiées
ou non, quel que soit le support, quel que soit le lieu, à titre onéreux ou gratuit si vous respectez toutes les conditions suivantes:
– joindre aux copies, cette licence à l’identique, ou indiquer précisément où se trouve la licence,
– indiquer au destinataire le nom de l’auteur des originaux,
– indiquer au destinataire où il pourra avoir accès aux originaux
(originels et/ou conséquents). L’auteur de l’original pourra, s’il le souhaite, vous autoriser à diffuser l’original dans les mêmes conditions que les copies.
2.3 LA LIBERTÉ DE MODIFIER
Vous avez la liberté de modifier les copies des originaux (originels
et conséquents), qui peuvent être partielles ou non, dans le respect des conditions prévues à l’article 2.2 en cas de diffusion (ou représentation) de la copie modifiée.
L’auteur de l’original pourra, s’il le souhaite, vous autoriser à modifier l’original dans les mêmes conditions que les copies.
3. L’INCORPORATION DE L’OEUVRE
Tous les éléments de cette oeuvre doivent demeurer libres, c’est pourquoi il ne vous est pas permis d’intégrer les originaux (originels et conséquents) dans une autre oeuvre qui ne serait pas soumise à cette licence.
4. VOS DROITS D’AUTEUR
Cette licence n’a pas pour objet de nier vos droits d’auteur sur votre contribution. En choisissant de contribuer à l’évolution de cette oeuvre, vous acceptez seulement d’offrir aux autres les mêmes droits sur votre contribution que ceux qui vous ont été accordés par cette licence.
5. LA DURÉE DE LA LICENCE
Cette licence prend effet dès votre acceptation de ses dispositions. Le fait de copier, de diffuser, ou de modifier l’oeuvre constitue une acception tacite.
Cette licence a pour durée la durée des droits d’auteur attachés à l’oeuvre. Si vous ne respectez pas les termes de cette licence, vous perdez automatiquement les droits qu’elle vous confère.
Si le régime juridique auquel vous êtes soumis ne vous permet pas de respecter les termes de cette licence, vous ne pouvez pas vous prévaloir des libertés qu’elle confère.
6. LES DIFFÉRENTES VERSIONS DE LA LICENCE
Cette licence pourra être modifiée régulièrement, en vue de son amélioration, par ses auteurs (les acteurs du mouvement « copyleft attitude ») sous la forme de nouvelles versions numérotées.
Vous avez toujours le choix entre vous contenter des dispositions contenues dans la version sous laquelle la copie vous a été communiquée ou alors, vous prévaloir des dispositions d’une des versions ultérieures.
7. LES SOUS-LICENCES
Les sous licences ne sont pas autorisées par la présente. Toute personne qui souhaite bénéficier des libertés qu’elle confère sera liée directement à l’auteur de l’oeuvre originelle.
8. LA LOI APPLICABLE AU CONTRAT
Cette licence est soumise au droit français.
Licence Art Libre 1.3 (LAL 1.3)
Préambule :
Avec la Licence Art Libre, l’autorisation est donnée de copier, de diffuser et de transformer librement les œuvres dans le respect des droits de l’auteur.
Loin d’ignorer ces droits, la Licence Art Libre les reconnaît et les protège. Elle en reformule l’exercice en permettant à tout un chacun de faire un usage créatif des productions de l’esprit quels que soient leur genre et leur forme d’expression.
Si, en règle générale, l’application du droit d’auteur conduit à restreindre l’accès aux œuvres de l’esprit, la Licence Art Libre, au contraire, le favorise. L’intention est d’autoriser l’utilisation des ressources d’une œuvre ; créer de nouvelles conditions de création pour amplifier les possibilités de création. La Licence Art Libre permet d’avoir jouissance des œuvres tout en reconnaissant les droits et les responsabilités de chacun.
Avec le développement du numérique, l’invention d’internet et des logiciels libres, les modalités de création ont évolué : les productions de l’esprit s’offrent naturellement à la circulation, à l’échange et aux transformations. Elles se prêtent favorablement à la réalisation d’œuvres communes que chacun peut augmenter pour l’avantage de tous.
C’est la raison essentielle de la Licence Art Libre : promouvoir et protéger ces productions de l’esprit selon les principes du copyleft : liberté d’usage, de copie, de diffusion, de transformation et interdiction d’appropriation exclusive.
Définitions :
Nous désignons par « œuvre », autant l’œuvre initiale, les œuvres conséquentes, que l’œuvre commune telles que définies ci-après :
L’œuvre commune :
Il s’agit d’une œuvre qui comprend l’œuvre initiale ainsi que toutes les contributions postérieures (les originaux conséquents et les copies). Elle est créée à l’initiative de l’auteur initial qui par cette licence définit les conditions selon lesquelles les contributions sont faites.
L’œuvre initiale :
C’est-à-dire l’œuvre créée par l’initiateur de l’œuvre commune dont les copies vont être modifiées par qui le souhaite.
Les œuvres conséquentes :
C’est-à-dire les contributions des auteurs qui participent à la formation de l’œuvre commune en faisant usage des droits de reproduction, de diffusion et de modification que leur confère la licence.
Originaux (sources ou ressources de l’œuvre) :
Chaque exemplaire daté de l’œuvre initiale ou conséquente que leurs auteurs présentent comme référence pour toutes actualisations, interprétations, copies ou reproductions ultérieures.
Copie :
Toute reproduction d’un original au sens de cette licence.
1- OBJET.
Cette licence a pour objet de définir les conditions selon lesquelles vous pouvez jouir librement de l’œuvre.
2. L’ÉTENDUE DE LA JOUISSANCE.
Cette œuvre est soumise au droit d’auteur, et l’auteur par cette licence vous indique quelles sont vos libertés pour la copier, la diffuser et la modifier.
2.1 LA LIBERTÉ DE COPIER (OU DE REPRODUCTION).
Vous avez la liberté de copier cette œuvre pour vous, vos amis ou toute autre personne, quelle que soit la technique employée.
2.2 LA LIBERTÉ DE DIFFUSER (INTERPRÉTER, REPRÉSENTER, DISTRIBUER).
Vous pouvez diffuser librement les copies de ces œuvres, modifiées ou non, quel que soit le support, quel que soit le lieu, à titre onéreux ou gratuit, si vous respectez toutes les conditions suivantes :
1. joindre aux copies cette licence à l’identique ou indiquer précisément où se trouve la licence ;
2. indiquer au destinataire le nom de chaque auteur des originaux, y compris le vôtre si vous avez modifié l’œuvre ;
3. indiquer au destinataire où il pourrait avoir accès aux originaux (initiaux et/ou conséquents).
Les auteurs des originaux pourront, s’ils le souhaitent, vous autoriser à diffuser l’original dans les mêmes conditions que les copies.
2.3 LA LIBERTÉ DE MODIFIER.
Vous avez la liberté de modifier les copies des originaux (initiaux et conséquents) dans le respect des conditions suivantes :
1. celles prévues à l’article 2.2 en cas de diffusion de la copie modifiée ;
2. indiquer qu’il s’agit d’une œuvre modifiée et, si possible, la nature de la modification ;
3. diffuser cette œuvre conséquente avec la même licence ou avec toute licence compatible ;
4. Les auteurs des originaux pourront, s’ils le souhaitent, vous autoriser à modifier l’original dans les mêmes conditions que les copies.
3. DROITS CONNEXES.
Les actes donnant lieu à des droits d’auteur ou des droits voisins ne doivent pas constituer un obstacle aux libertés conférées par cette licence.
C’est pourquoi, par exemple, les interprétations doivent être soumises à la même licence ou une licence compatible. De même, l’intégration de l’œuvre à une base de données, une compilation ou une anthologie ne doit pas faire obstacle à la jouissance de l’œuvre telle que définie par cette licence.
4. L’ INTÉGRATION DE L’ŒUVRE.
Toute intégration de cette œuvre à un ensemble non soumis à la LAL doit assurer l’exercice des libertés conférées par cette licence.
Si l’œuvre n’est plus accessible indépendamment de l’ensemble, alors l’intégration n’est possible qu’à condition que l’ensemble soit soumis à la LAL ou une licence compatible.
5. CRITÈRES DE COMPATIBILITÉ.
Une licence est compatible avec la LAL si et seulement si :
1. elle accorde l’autorisation de copier, diffuser et modifier des copies de l’œuvre, y compris à des fins lucratives, et sans autres restrictions que celles qu’impose le respect des autres critères de compatibilité ;
2. elle garantit la paternité de l’œuvre et l’accès aux versions antérieures de l’œuvre quand cet accès est possible ;
3. elle reconnaît la LAL également compatible (réciprocité) ;
4. elle impose que les modifications faites sur l’œuvre soient soumises à la même licence ou encore à une licence répondant aux critères de compatibilité posés par la LAL.
6. VOS DROITS INTELLECTUELS.
La LAL n’a pas pour objet de nier vos droits d’auteur sur votre contribution ni vos droits connexes. En choisissant de contribuer à l’évolution de cette œuvre commune, vous acceptez seulement d’offrir aux autres les mêmes autorisations sur votre contribution que celles qui vous ont été accordées par cette licence. Ces autorisations n’entraînent pas un dessaisissement de vos droits intellectuels.
7. VOS RESPONSABILITÉS.
La liberté de jouir de l’œuvre tel que permis par la LAL (liberté de copier, diffuser, modifier) implique pour chacun la responsabilité de ses propres faits.
8. LA DURÉE DE LA LICENCE.
Cette licence prend effet dès votre acceptation de ses dispositions. Le fait de copier, de diffuser, ou de modifier l’œuvre constitue une acceptation tacite.
Cette licence a pour durée la durée des droits d’auteur attachés à l’œuvre. Si vous ne respectez pas les termes de cette licence, vous perdez automatiquement les droits qu’elle vous confère.
Si le régime juridique auquel vous êtes soumis ne vous permet pas de respecter les termes de cette licence, vous ne pouvez pas vous prévaloir des libertés qu’elle confère.
9. LES DIFFÉRENTES VERSIONS DE LA LICENCE.
Cette licence pourra être modifiée régulièrement, en vue de son amélioration, par ses auteurs (les acteurs du mouvement Copyleft Attitude) sous la forme de nouvelles versions numérotées.
Vous avez toujours le choix entre vous contenter des dispositions contenues dans la version de la LAL sous laquelle la copie vous a été communiquée ou alors, vous prévaloir des dispositions d’une des versions ultérieures.
10. LES SOUS-LICENCES.
Les sous-licences ne sont pas autorisées par la présente. Toute personne qui souhaite bénéficier des libertés qu’elle confère sera liée directement aux auteurs de l’œuvre commune.
11. LE CONTEXTE JURIDIQUE.
Cette licence est rédigée en référence au droit français et à la Convention de Berne relative au droit d’auteur.
This source code is freely redistributable and may be used for
any purpose. This copyright notice must be maintained.
Lance Norskog And Sundry Contributors are not responsible for
the consequences of using this software.
Copyright XXXX. Los Alamos National Security, LLC. This software was produced under U.S. Government contract DE-AC52-06NA25396 for Los Alamos National Laboratory (LANL), which is operated by Los Alamos National Security, LLC for the U.S. Department of Energy. The U.S. Government has rights to use, reproduce, and distribute this software. NEITHER THE GOVERNMENT NOR LOS ALAMOS NATIONAL SECURITY, LLC MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LIABILITY FOR THE USE OF THIS SOFTWARE. If software is modified to produce derivative works, such modified software should be clearly marked, so as not to confuse it with the version available from LANL.
Additionally, redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Los Alamos National Security, LLC, Los Alamos National Laboratory, LANL, the U.S. Government, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY LOS ALAMOS NATIONAL SECURITY, LLC AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL LOS ALAMOS NATIONAL SECURITY, LLC OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The fonts contained in this archive are Freeware. No payment is required for the use of these fonts. They're free!
Commercial use? Sure, but a donation or a product sample would be appreciated.
$40 US is the usual donation amount per font for commercial use but any amount is appreciated.
I make all the fonts (over 400 of them) on my web page and they're all free. I offer Deluxe versions of some of my
fonts for sale. They contain several weights and styles of each font. Just click on "DELUXE FONTS" at
Larabie Fonts to see them.
The site is called Larabie Fonts and it can be found at various mirror sites:
try:
http://www.larabiefonts.com
http://uk.zarcrom.com/font/
http://come.to/larabiefonts
I've provided the world with over 400 free fonts, so if you'd like to make a donation I'd be more than happy to accept it.
No donation is too small.
Send anything at all to
Ray Larabie
61 Wesley Ave.
Port Credit
Ontario, CANADA
L5H 2M8
If you decide to send a cheque (that's how we spell it in Canada) make it payable to Ray Larabie. If you want to
double check the address have a look at the donation section on any of my webpages. If you'd like to use a credit card
to send a donation drop by my site and click on the DONATIONS section.
Canadian or US funds? Any funds are fine with me. Whatever's easiest for you.
Ray Larabie
drowsy@cheerful.com or rlarabie@hotmail.com
Here's an unofficial, non-legalese summary of the following contract:
You can use the font for commercial or non-commercial purposes. You can make things with the font, just don't change
the font itself or use it to make new fonts. You can give the font away as long as it hasn't been altered and this text file
remains with the font. Don't remove or alter the copyright notice on the font. Don't convert the fonts if the conversion
program alters the copyright notice. If my font makes your hair fall out - thats' too damn bad!
-------------------------------
Larabie Fonts End-user license agreement software product from Larabie Fonts
---------------------------------------------------
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
not sold.
1. GRANT OF LICENSE. This document grants you the following rights:
- Installation and Use. You may install and use an unlimited number of copies of the
SOFTWARE PRODUCT.
- Reproduction and Distribution. You may reproduce and distribute an unlimited number of
copies of the SOFTWARE PRODUCT; provided that each copy shall be a true and complete copy,
including all copyright and trademark notices (if applicable) , and shall be accompanied by
a copy of this text file. Copies of the SOFTWARE PRODUCT may not be distributed for profit
either on a standalone basis or included as part of your own product unless by prior
permission of Larabie Fonts.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Restrictions on Alteration. You may not rename, edit or create any derivative works from
the SOFTWARE PRODUCT, other than subsetting when embedding them in documents unless you have
permission from Larabie Fonts.
LIMITED WARRANTY
NO WARRANTIES. Larabie Fonts expressly disclaims any warranty for the SOFTWARE PRODUCT. The
SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any
kind, either express or implied, including, without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or noninfringement. The entire risk
arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Larabie Fonts be liable for any
damages whatsoever (including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other pecuniary loss) arising
out of the use of or inability to use this product, even if Larabie Fonts has been advised
of the possibility of such damages.
3. MISCELLANEOUS
Should you have any questions concerning this document, or if you desire to contact
Larabie Fonts for any reason, please contact rlarabie@hotmail.com , or write: Ray Larabie,
61 Wesley Ave. Mississauga, ON Canada L5H 2M8
Permission is granted to make and distribute verbatim copies of
this manual provided the copyright notice and this permission notice
are preserved on all copies.
Permission is granted to copy and distribute modified versions of this
manual under the conditions for verbatim copying, provided that the entire
resulting derived work is distributed under the terms of a permission
notice identical to this one.
Permission is granted to copy and distribute translations of this manual
into another language, under the above conditions for modified versions,
except that this permission notice may be stated in a translation approved
by the Foundation.
Permission is granted to make and distribute verbatim copies of this
manual provided the copyright notice and this permission notice are
preserved on all copies.
Permission is granted to copy and distribute modified versions of this
manual under the conditions for verbatim copying, provided that the
entire resulting derived work is distributed under the terms of a
permission notice identical to this one.
Permission is granted to copy and distribute translations of this manual
into another language, under the above conditions for modified versions.
LATTICE OPEN SOURCE LICENSE AGREEMENT
This is a legal agreement between You (Licensee, either a company or an individual), and Lattice Semiconductor Corporation if You are located in the United States or Lattice SG Pte. Ltd. if You are located in a country other than the United States. Lattice Semiconductor Corporation or Lattice SG Pte. Ltd. is the Provider (Licensor) of the Software. If a component covered by this Agreement can be included in the output files generated by the Provider’s LatticeMico System or any other Provider source code generation tool, then Software refers to such output files that includes that component. Otherwise, Software refers to the component on a standalone basis. By proceeding with the installation, modification, use or distribution in whole or in part of Software that identifies itself as licensed under the Lattice Open Source License Agreement, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, You are not permitted to use, modify or distribute the Software.
1. The Provider grants to You a personal, non-exclusive right to use and distribute the source code of the Software provided that:
- You make distributions free of charge under these license terms
- You ensure that the original copyright notices and limitations of liability and warranty sections remain intact.
2. The Provider grants to You a personal, non-exclusive right to modify the source code of the Software and incorporate it with other source code to create a Derivative Work (as defined below). At Your discretion, You may distribute this Derivative Work under terms of Your choosing provided:
- You arrange Your design such that the Derivative Work is an identifiable module within Your overall design.
- You distribute the source code associated with the modules containing the Derivative Work in a customarily accepted machine-readable format, free of charge under a license agreement that contains these license terms.
- You ensure that the original copyright notices and limitations of liability and warranty sections remain intact.
- You clearly identify areas of the source code that You have modified.
“Derivative Work” means a version of the Software in source code form that contains modifications or additions to the original source code and includes all Software files used to implement Your design. Derivative Work does not include identifiable modules within Your design that are not derived from the Software and that can be reasonably considered independent and separate modules from the Software.
3. The Provider grants to You a personal, non-exclusive right to use object code created from the Software or a Derivative Work to physically implement the design in devices such as a programmable logic devices or application specific integrated circuits. You may distribute these devices without accompanying them with a copy of this license or source code.
4. This Software is provided free of charge. IN NO EVENT WILL THE PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER CHARACTERIZED AS EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES OF ANY SORT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. THE PROVIDER MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND THE PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PROVIDER DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF THE SOFTWARE PROVING DEFECTIVE OR FAILING TO PERFORM PROPERLY, AND IN SUCH EVENT, YOU ASSUME THE ENTIRE COST AND RISK OF ANY REPAIR, SERVICE, CORRECTION, OR ANY OTHER LIABILITIES OR DAMAGES CAUSED BY OR ASSOCIATED WITH THE SOFTWARE. THE SOLE LIABILITIES AND REMEDIES ASSOCIATED WITH THE SOFTWARE ARE SET FORTH ABOVE.
6. Export Control. You agree that neither the Software nor any Derivative Work will be exported, directly or indirectly, into any country or to any person or entity, in violation of laws or regulations of the United States or other applicable governments. This Agreement will be governed by the substantive laws of the State of Oregon, USA.
7. Default and Termination. This Agreement will continue indefinitely, until and unless terminated. You may terminate this Agreement by destroying all copies of the materials to which this Agreement applies. The Agreement will terminate automatically if due to any event, including court judgment, You fail to perform any of Your obligations hereunder. In the event of termination, others that have received software from You under the terms of this Agreement may continue to use it provided they remain in compliance with the terms of this Agreement.
8. Your use of this Software is governed by this Lattice Open Source License Agreement. However, depending on your design, the output files generated by the LatticeMico System or by any other Provider source code generation tool may contain open source code provided by a third party. Specifically, the output files may contain open source code that is licensed pursuant to the terms attached to the LatticeMicoTM System License Agreement as Appendix B. By agreeing to the terms of this Lattice Open Source License Agreement, you are also agreeing to use such code in accordance with the terms of the agreement under which such code has been licensed, if applicable.
9. From time to time Lattice may issue revised versions of the Lattice Open Source License Agreement. Revisions will follow the spirit of this version but will contain adjustments and clarifications to address issues and concerns of Lattice and the user community.
10. Any conflict between the terms of this Agreement and the licensing terms included in the header files provided with the Software will be resolved in favor of this Agreement.
©2006-2017 Lattice Semiconductor Corporation. You may freely distribute the text of this Agreement provided you include this copyright notice. However, modifications to the substantive terms herein are not permitted.
20170329
LavanTech License
http://www.lavantech.com/license.shtml
License
By using or installing any software product(including source code and corresponding documentation) created by LavanTech (hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. As used in this License Agreement, "You" shall mean the individual using or installing the Software together with any individual or entity, including but not limited to your employer, on whose behalf you are acting in using or installing the Software. You shall be the "Licensee" under this License Agreement. This License Agreement constitutes the complete agreement between you and LavanTech. No amendment or modification may be made to this Agreement except in writing signed by you and LavanTech. If you do not agree to the terms and conditions of the Agreement, discontinue use of the Software immediately.
1. License Grant
In consideration for the license fee paid, and other good and valuable consideration, LavanTech grants to you only, the Licensee, the non-exclusive, world-wide right to use the Software in accordance with the license You purchase. If you are using this product for your employer, this agreement also includes your employer.
Trial/Demo License
Software that is distributed as Trial/Demo may only be used for testing and evaluation purposes by a single Developer. The Trial/Demo Software cannot be distributed as part of your software. The software license is valid only for 30 days from the time of download or installation. The Trial/Demo Software should be destroyed after the Trial period.
Developer License
Single Developer License allows one developer to use the Software for development and integration of any number of applications. If you have more than one developer that will be developing applications using the Software, You will need to purchase a Developer License for each additional Developer. The 5 Developer License grants the rights of the Developer License for up to 5 developers. The Enterprise Developer License grants the rights of the Developer License for unlimited number of Developers within a same organization. Personal/Non-Commercial Developer License grants the rights of the Developer License for one Developer for Non-Commercial Purposes. "Non-Commercial Purposes" means use of the software by an individual who does not directly or indirectly support any commercial efforts.
The Developer License allows the developer royalty-free unlimited distribution of the Software bundled with an application, provided You adhere to the following distribution terms:
• You may not resell, rent, lease or distribute the Software alone. The Software must be distributed as a component of an application and bundled with an application or with the application's installation files. The Software may only be used as part of, and in connection with, the bundled application.
• You may not resell, rent, lease or distribute Software in any way that would compete with LavanTech.
• You shall protect and keep secure all source code provided with Software. All source code provided with Software that is distributed with an application must be compiled or password protected to the extent that only the software developer(s) may obtain access to it.
• A valid copyright notice must be provided within the user documentation, start-up screen or in the help-about section of your application that specifies LavanTech as the provider of the Software bundled with Your application, for example: "<<your application name>> contains components licensed from LavanTech. These components may only be used as part of and in connection with <<your application name>>."
Source Code License If a source code license is purchased, LavanTech grants you the right to use and modify the LavanTech source under the following condition.
• LavanTech shall retain all right, title and interest in and to all updates, modifications, enhancements and derivative works, in whole or in part, of the LavanTech Source Code created by you, including all copyrights subsisting therein, to the extent such modifications, enhancements or derivative works contain copyrightable code or expression derived from the LavanTech source code; provided, however, that LavanTech grants to you a fully-paid, royalty free license, to use copy and modify such updates, modifications, enhancements and derivative works or copies thereof for use as authorized in this License.
• You may not distribute the LavanTech source code, or any modified version or derivative work of the LavanTech source code, in source code form.
• LavanTech require all developers who plan to access LavanTech source code signing on the source code license. As long as they signed, they become registered developers. An alternative to this is to let a delegate signs source code license as an organization. The delegate will be responsible for letting other developers who plan to access the source code reviewing this license agreement first before releasing them the access.
• The source code contained herein and in related files is provided to the registered developer for the purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express written consent of LavanTech.
• Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any LavanTech products.
• The registered developer acknowledges that this source code contains valuable and proprietary trade secrets of LavanTech. The registered developer agrees to expend every effort to insure its confidentiality. For example, under no circumstances may the registered developer allow to put the source code on an internal network where he or she has no control.
• Due to the insecurity of Java byte-code, if you plan to use classes that built from the source code directly, you must agree to obfuscate the classes before distributing it to your customers.
2. Copyright
The LavanTech Software and the accompanying materials are copyrighted and contain proprietary information. Unauthorized copying of the Software or accompanying materials even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. You may make copies of the Software solely for backup purposes provided the copyright and trademark notices are reproduced in their entirety on the backup copy. LavanTech reserves all rights not specifically granted to Licensee.
The Software and documentation are licensed, not sold, to you. You may not rent, lease, display or distribute copies of the Software to others except under the conditions of the Developer License. You may not disassemble, decompose, reverse engineer, or alter the Software.
3. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from LavanTech if You fail to comply with any provision contained herein or if the funds paid for the license are refunded or are not received. Upon termination, you must destroy the Software, and all copies of them, in part and in whole, including modified copies, if any. If you have distributed Software with an application under the Developer License, you may continue to use said Software for up to 90 days after termination. LavanTech reserves the right to terminate the Agreement for any reason that competes with or negatively effects LavanTech.
4. Warranty
Although efforts have been made to assure that the Software is date compliant, correct, reliable, and technically accurate, the Software is licensed to you as is and without warranties as to performance of merchantability, fitness for a particular purpose or use, or any other warranties whether expressed or implied. You, your organization and all users of the Software, assume all risks when using it. The manufacturers, distributors and resellers of the Software shall not be liable for any consequential, incidental, punitive or special damages arising out of the use of or inability to use the Software or the provision of or failure to provide support services, even if we have been advised of the possibility of such damages.
5. Technical Support
LavanTech offers free technical support over email for all its latest version of the software.
6. Controlling Law and Severability
This License Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Ohio, as applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. The courts of the State of Ohio, County of Lake, shall have exclusive jurisdiction and venue over any dispute, proceeding or action arising out of or in connection with this License Agreement or your use of the Software. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision of the License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.
7. Non-Waiver
The failure by either party at any time to enforce any of the provisions of this License Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this License Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
8. Return Policy
All returns must be received within 30 days of purchase.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
(1) Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National
Laboratory, U.S. Dept. of Energy nor the names of its contributors may be
used to endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
You are under no obligation whatsoever to provide any bug fixes, patches,
or upgrades to the features, functionality or performance of the source code
("Enhancements") to anyone; however, if you choose to make your Enhancements
available either publicly, or directly to Lawrence Berkeley National Laboratory,
without imposing a separate written license agreement for such Enhancements,
then you hereby grant the following license: a non-exclusive, royalty-free
perpetual license to install, use, modify, prepare derivative works, incorporate
into other computer software, distribute, and sublicense such Enhancements
or derivative works thereof, in binary and source code form.
The text and information contained in this file may be freely used,
copied, or distributed without compensation or licensing restrictions.
UnboundID LDAP SDK Free Use License
THIS IS AN AGREEMENT BETWEEN YOU ("YOU") AND UNBOUNDID CORP. ("UNBOUNDID")
REGARDING YOUR USE OF UNBOUNDID LDAP SDK FOR JAVA AND ANY ASSOCIATED
DOCUMENTATION, OBJECT CODE, COMPILED LIBRARIES, SOURCE CODE AND SOURCE FILES OR
OTHER MATERIALS MADE AVAILABLE BY UNBOUNDID (COLLECTIVELY REFERRED TO IN THIS
AGREEMENT AS THE ("SDK").
BY INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
INSTALL, ACCESS OR USE THE SDK.
USE OF THE SDK. Subject to your compliance with this Agreement, UnboundID
grants to You a non-exclusive, royalty-free license, under UnboundID's
intellectual property rights in the SDK, to use, reproduce, modify and
distribute this release of the SDK; provided that no license is granted herein
under any patents that may be infringed by your modifications, derivative works
or by other works in which the SDK may be incorporated (collectively, your
"Applications"). You may reproduce and redistribute the SDK with your
Applications provided that you (i) include this license file and an
unmodified copy of the unboundid-ldapsdk-se.jar file; and (ii) such
redistribution is subject to a license whose terms do not conflict with or
contradict the terms of this Agreement. You may also reproduce and redistribute
the SDK without your Applications provided that you redistribute the SDK
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other legal notices and terms that UnboundID has included in the SDK).
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Linux Documentation Project Copying License
Last modified 30 March 1994
The following copyright license applies to all works by the Linux Documentation Project.
Please read the license carefully---it is somewhat like the GNU General Public License, but there are several conditions in it that differ from what you may be used to. If you have any questions, please mail Matt Welsh, the LDP coordinator, at mdw@sunsite.unc.edu.
The Linux Documentation Project manuals may be reproduced and distributed in whole or in part, subject to the following conditions:
All Linux Documentation Project manuals are copyrighted by their respective authors. THEY ARE NOT IN THE PUBLIC DOMAIN.
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Small portions may be reproduced as illustrations for reviews or quotes in other works without this permission notice if proper citation is given.
The GNU General Public License referenced below may be reproduced under the conditions given within it.
Exceptions to these rules may be granted for academic purposes: Write to the author and ask. These restrictions are here to protect us as authors, not to restrict you as educators and learners. All source code in Linux Installation and Getting Started is placed under the GNU General Public License, available via anonymous FTP from here.
Publishing LDP Manuals
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We encourage Linux software distributors to distribute the LDP manuals (such as the Installation and Getting Started Guide) with their software. The LDP manuals are intended to be used as the "official" Linux documentation, and we'd like to see mail-order distributors bundling the LDP manuals with the software. As the LDP manuals mature, hopefully they will fulfill this goal more adequately.
Matt Welsh, mdw@sunsite.unc.edu
Linux Documentation Project Copying License
Last modified 6 January 1997
The following copyright license applies to all works by the Linux Documentation Project.
Please read the license carefully---it is somewhat like the GNU General Public License, but there are several conditions in it that differ from what you may be used to. If you have any questions, please email the LDP coordinator, mdw@metalab.unc.edu.
The Linux Documentation Project manuals may be reproduced and distributed in whole or in part, subject to the following conditions:
All Linux Documentation Project manuals are copyrighted by their respective authors. THEY ARE NOT IN THE PUBLIC DOMAIN.
The copyright notice above and this permission notice must be preserved complete on all complete or partial copies.
Any translation or derivative work of Linux Installation and Getting Started must be approved by the author in writing before distribution.
If you distribute Linux Installation and Getting Started in part, instructions for obtaining the complete version of this manual must be included, and a means for obtaining a complete version provided.
Small portions may be reproduced as illustrations for reviews or quotes in other works without this permission notice if proper citation is given.
The GNU General Public License referenced below may be reproduced under the conditions given within it.
Exceptions to these rules may be granted for academic purposes: Write to the author and ask. These restrictions are here to protect us as authors, not to restrict you as educators and learners. All source code in Linux Installation and Getting Started is placed under the GNU General Public License, available via anonymous FTP from the GNU archive site.
Publishing LDP Manuals
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By the license given in the previous section, anyone is allowed to publish and distribute verbatim copies of the Linux Documentation Project manuals. You don't need our explicit permission for this. However, if you would like to distribute a translation or derivative work based on any of the LDP manuals, you must obtain permission from the author, in writing, before doing so.
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We would like to be informed of any plans to publish or distribute LDP manuals, just so we know how they're becoming available. If you are publishing or planning to publish any LDP manuals, please send email to Matt Welsh (email mdw@metalab.unc.edu).
We encourage Linux software distributors to distribute the LDP manuals (such as the Installation and Getting Started Guide) with their software. The LDP manuals are intended to be used as the "official" Linux documentation, and we'd like to see mail-order distributors bundling the LDP manuals with the software. As the LDP manuals mature, hopefully they will fulfill this goal more adequately.
Linux Documentation Project Copying License
Last Revision: 16 September 1999
Please read the license carefully---it is somewhat like the GNU General Public License, but there are several conditions in it that differ from what you may be used to. If you have any questions, please email the LDP coordinator, Guylhem Aznar.
Note: All Linux Documentation Project manuals are copyrighted by their respective authors. THEY ARE NOT IN THE PUBLIC DOMAIN.
The Linux Documentation Project manuals (guides) may be reproduced and distributed in whole or in part, subject to the following conditions:
The copyright notice above and this permission notice must be preserved complete on all complete or partial copies.
Any translation or derivative work of Linux Installation and Getting Started must be approved by the author in writing before distribution.
If you distribute Linux Installation and Getting Started in part, instructions for obtaining the complete version of this manual must be included, and a means for obtaining a complete version provided.
Small portions may be reproduced as illustrations for reviews or quotes in other works without this permission notice if proper citation is given.
The GNU General Public License referenced below may be reproduced under the conditions given within it.
Exceptions to these rules may be granted for academic purposes: write to the author and ask. These restrictions are here to protect us as authors, not to restrict you as educators and learners. All source code in Linux Installation and Getting Started is placed under the GNU General Public License, available via anonymous FTP from the GNU archive site.
Please read the LDP Manifesto for further information. If you are authoring a work, the Manifesto provides a sample copyright (derived from the previous area) to utilize, if you so desire. There is also a section devoted to Publishing LDP Manuals. If you're a publishing company interested in distributing any of the LDP manuals, please read that particular section.
If you have any questions, please email the LDP coordinator, Guylhem Aznar.
LDP GENERAL PUBLIC LICENSE
Version 1, September 1998
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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Activities other than copying, distribution and modification are not
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LDP GENERAL PUBLIC LICENSE
Version 1a, November 1998
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any document which contains a notice
placed by the copyright holder saying it may be distributed
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The "Document" below refers to any such document, and
"work based on the Document" means either the Document
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(Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.
1. You may copy and distribute verbatim copies of the Document's
source code as you receive it, in any medium, provided that you
appropriately publish on each copy an appropriate copyright notice
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to this License and to the absence of any warranty; and give any
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the Document.
You may charge a fee for the physical act of producing or transferring
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LINUX DOCUMENTATION PROJECT LICENSE (LDPL) v2.0, 12 January 1998
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As a special exception, anthologies of LDP documents may include a single copy of these license terms in a conspicuous location within the anthology and replace other copies of this license with a reference to the single copy of the license without the document being considered "modified" for the purposes of this section.
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This is the Linux Documentation Project ``Manifesto''
Last Revision 21 September 1998, by Michael K. Johnson
Copyright and License
Here is a ``boilerplate'' license you may apply to your work. It has not been reviewed by a lawyer; feel free to have your own lawyer review it (or your modification of it) for its applicability to your own desires. Remember that in order for your document to be part of the LDP, you must allow unlimited reproduction and distribution without fee.
This manual may be reproduced and distributed in whole or in part, without fee, subject to the following conditions:
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Any translation or derived work must be approved by the author in writing before distribution.
If you distribute this work in part, instructions for obtaining the complete version of this manual must be included, and a means for obtaining a complete version provided.
Small portions may be reproduced as illustrations for reviews or quotes in other works without this permission notice if proper citation is given.
Exceptions to these rules may be granted for academic purposes: Write to the author and ask. These restrictions are here to protect us as authors, not to restrict you as learners and educators.
All source code in this document is placed under the GNU General Public License, available via anonymous FTP from prep.ai.mit.edu:/pub/gnu/COPYING.
Leap Motion SDK Agreement
A note on our SDK Agreement
To help avoid uncertainty about our licensing terms, please note we have a two-tier license structure for distribution of applications or technology developed with or that use our SDK:
1. Applications that do not fall under the definition of “Specialized Application” may be distributed by you under the SDK Agreement without requiring a separate license from us.
2. Applications that are “Specialized Applications” may only be distributed under a separate license from us. Please contact us at partnerships@leapmotion.com if you wish to distribute a Specialized Application.
Basically, a Specialized Application means a Leap Motion-enabled Application which is: (i) priced at more than US$500 (or $240/year if on a subscription or similar basis, including without limitation the cumulative value of any Leap Motion-enabled Application lent, leased, let or hired); (ii) for use with a system, machine or device (other than a PC, mobile phone or VR/AR headset), priced at more than US$500 (or $240/year if on a subscription or similar basis); (iii) used for or designed for use with industrial, military, commercial or medical equipment or computer aided design; or (iv) the development of any other commercial product or service other than the Leap Motion-enabled Application itself where the annual revenue in aggregate for the product or service exceeds $50,000.
Also, please note that our SDK is for use only with Leap Motion hardware and software, and you may not use the SDK to develop or evaluate competing hand tracking technology.
We’ve prepared an FAQ, available here, with discussion of key terms of our SDK Agreement. The FAQ and this note are qualified by the terms of the agreement, which you should review carefully. If you have any questions after reviewing the FAQs, this note and the SDK Agreement, please contact us at developers@leapmotion.com.
LEAP MOTION SDK AGREEMENT
This Leap Motion SDK Agreement (“Agreement”) is between the individual or entity (“you” or “Developer”) that accepts it, and Ultraleap Ltd. You accept this Agreement by clicking an “agree” or similar button, where this option is provided by Leap Motion, or if you use or access the SDK or any part of the SDK. Your agreement to these terms also binds your authorized users, your company or organization. If you do not agree to the terms of this Agreement, do not accept it. Before accepting this Agreement, please carefully read it. Capitalized terms used but not defined in the body of this Agreement have the meaning given them in the “Definitions” exhibit.
Last updated: May 28, 2019
1. Development License
1.1. Development License. Conditioned upon compliance with the terms and conditions of this Agreement, Leap Motion hereby grants you a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to: (a) install and use a reasonable number of copies of the SDK on computers owned or controlled by you for the purpose of developing and testing applications that are intended for use solely in connection with a Leap Motion Device, and Leap Motion Software (“Application”); and (b) modify and incorporate into your Application any sample code provided in the SDK.
1.2. Restrictions. The license granted to you in Section 1.1 is subject to the following restrictions, as well as others listed in this Agreement:
1.2.1. Except as expressly permitted in Section 1.1: (a) you may not publish, distribute or copy the SDK, and (b) you may not modify or create derivative works of the SDK.
1.2.2. You may use the SDK solely in connection with a Leap Motion Device and/or Leap Motion Software.
1.2.3. You may not use the SDK to create, or to aid the creation, directly or indirectly, of any software or hardware which provides hand tracking functionality or which is otherwise substantially similar to the features or functionality of the Leap Motion Software.
1.2.4. You may not, and may not enable others to, reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, techniques, or algorithms in the Leap Motion Software, the Leap Motion Device or any software that forms part of the SDK, nor attempt to circumvent any related security measures (except as and only to the extent any foregoing restriction is prohibited by applicable law or permitted by applicable law notwithstanding the foregoing restriction, or to the extent as may be permitted by licensing terms governing use of any open source software components or sample code included within the SDK).
1.2.5. You may not remove, obscure, or alter any proprietary rights or confidentiality notices within the SDK or any software, documentation or other materials in it or supplied with it.
1.2.6. You may not create Applications or other software that prevent or degrade the interaction of Applications developed by others with the Leap Motion Software.
1.2.7. You may not represent functionality provided by Leap Motion Software as your technology. For example, you may not describe an application, technology or feature developed or distributed by you that incorporates Leap Motion Software as your gesture or touchless control technology without providing attribution to Leap Motion.
1.3. Updates. The terms of this Agreement will apply to any Updates that Leap Motion makes available to you. You agree that Updates may require you to change or update your Application, and may affect your ability to use, access or interact with the Leap Motion Software, the Leap Motion application store, and/or the SDK.
1.4. Trademarks. You may indicate that your Application is “for Leap Motion” or “Leap Motion-enabled”. However, unless provided in an agreement between you and Leap Motion, you may not otherwise use “Leap Motion”, “Leap”, or any other trademark of Leap Motion in connection with your Application or company, or in any URL, product, service, name field or logos created by you.
2. Distribution License
2.1. Distribution License. Conditioned upon compliance with the terms and conditions of this Agreement, Leap Motion hereby grants you a limited, non-exclusive, personal, revocable, non-transferable license under Leap Motion’s applicable intellectual property rights to the extent necessary to: (a) copy and distribute (or have copied and distributed) the Leap Motion Redistributables, solely as compiled with, incorporated into, or packaged with, your Application (provided it is not a Specialized Application); and (b) to make (but not have made), use, sell, offer for sale and import your Application (provided it is not a Specialized Application).
2.2. Restrictions. The license granted to you in Section 2.1 is subject to the following restrictions, as well as others listed in this Agreement:
2.2.1. Your Application may not be a Specialized Application or for a High Risk Use (as defined in Section 4.1).
2.2.2. You may not, directly or indirectly, publish, post or otherwise make available the Leap Motion Redistributables other than as compiled with, incorporated into, or packaged with, your Application.
2.2.3. You may not, and may not enable others to, distribute the Non-Redistributable Materials.
3. Open Source Materials, Other Licenses
Example code made publicly available by Leap Motion on its developer web site is provided subject to the Apache 2.0 license, unless otherwise noted in the license, notice or readme files distributed with the example or in related documentation. The SDK may otherwise include software or other materials that are provided under a separate license agreement, and that separate license will govern the use of such software or other materials in the event of a conflict with this Agreement. Any such separate license agreement may be indicated in the license, notice, or readme files distributed with the applicable software or other materials or in related documentation.
4. No High Risk Use; Acknowledgment and Waiver
4.1. Notwithstanding anything in this Agreement, you are not licensed to, and you agree not to, use, copy, sell, offer for sale, or distribute the SDK, Leap Motion Devices, Leap Motion Software or Leap Motion Redistributables (whether compiled with, incorporated into, or packaged with your Application or otherwise), for or in connection with uses where failure or fault of the Leap Motion Device, Leap Motion Software, Leap Motion Redistributables or your Application could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). ANY SUCH USE IS STRICTLY PROHIBITED.
4.2. You acknowledge the SDK may allow you to develop Applications that enable the control of motorized or mechanical equipment, or other systems, machines or devices. If you elect to use the SDK in such a way, you must take steps to design and test your Applications to ensure that your Applications do not present risks of personal injury or death, property damage, or other losses. The Leap Motion Device, the Leap Motion Software, the Leap Motion Redistributables and other software in the SDK may not always function as intended. You must design your Applications so that any failure of a Leap Motion Device, the Leap Motion Software, a Leap Motion Redistributable and/or such other software does not cause personal injury or death, property damage, or other losses. If you choose to use the SDK, (i) you assume all risk that use of the Leap Motion Device, the Leap Motion Software, the Leap Motion Redistributables and/or such other software by you or by any others causes any harm or loss, including to the end users of your Applications or to third parties, (ii) you hereby waive, on behalf of yourself and your Authorized Users, all claims against Leap Motion and its affiliates related to such use, harm or loss (including, but not limited to, any claim that a Leap Motion Device, the Leap Motion Software, a Leap Motion Redistributable or such other software is defective), and (iii) you agree to hold Leap Motion and its affiliates harmless from such claims.
5. Confidentiality and Privacy
5.1. Beta Software etc. Obligations. You acknowledge and agree that Leap Motion may share alpha or beta software or hardware with you that it identifies as non-public. If so, you agree not to disclose such software or hardware to others without the prior written consent of Leap Motion until the time, if any, it is made public by Leap Motion, and to use such software or hardware only for the purposes expressly permitted by this Agreement.
5.2. Leap Motion Use of Assets. Subject to the terms and conditions of this Agreement, you grant to Leap Motion and its affiliates a non-exclusive, worldwide and royalty-free limited license to use, reproduce, display, perform, publish and distribute screenshots, elements, assets, photographic, graphic or video reproductions or fragments of your Application in any medium or media, solely for purposes of promotion of your Application or of Leap Motion and its technology and business. This license will terminate if we terminate this Agreement, or, if you terminate it, if you inform us you have terminated it, except that in both cases the license will continue after termination with respect to any materials we created and first distributed prior to our termination or your notice of termination to us.
5.3. Your Information. Leap Motion may collect personal information provided by you or your Authorized Users to Leap Motion in connection with the SDK, and may collect other information from you or your Authorized Users, including technical, non-personally identifiable and/or aggregated information such as usage statistics, hardware configuration, problem / fault data, IP addresses, version number of the SDK, information about which tools and/or services in the SDK are being used and how they are being used, and any other information described in Leap Motion’s privacy policy, currently available at http://leapmotion.com/legal. Leap Motion may use the information collected to facilitate the provision of Updates and other services to you, to verify compliance with, and enforce, the terms of this Agreement, to improve the SDK and Leap Motion’s products, and for any other purposes set out in Leap Motion’s privacy policy (these uses, collectively, are “Permitted Uses”). By submitting information about you and/or your Authorized Users to Leap Motion through your access and use of the SDK, you consent to Leap Motion’s collection and use of the information for the Permitted Uses and represent that you have obtained all consents and permits necessary under applicable law to disclose your Authorized Users’ information to Leap Motion for the Permitted Uses. You further agree that Leap Motion may provide any information collected under this Section 5.3, including your or your Authorized Users’ user name, IP address or other identifying information to law enforcement authorities or as required by applicable law or regulation.
6. Ownership and Feedback
6.1. Ownership. Except for the license rights granted by you in Section 5.2, and Leap Motion’s ownership of the Leap Motion Software, the Leap Motion application store, and the Leap Motion Redistributables, Leap Motion agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any of your Applications, including any intellectual property rights which subsist in those Applications. As between Leap Motion and you, Leap Motion owns all right, title and interest, including all intellectual property rights, in and to the SDK, the Leap Motion Software and the Leap Motion Redistributables, other than any third party software or materials incorporated in the SDK, and you agree not to contest Leap Motion’s ownership of any of the foregoing.
6.2. Feedback. You may (but are not required to) provide feedback, comments and suggestions (collectively, “Feedback”) to Leap Motion. You hereby grant to Leap Motion a non-exclusive, perpetual, irrevocable, paid-up, transferable, sub-licensable, worldwide license under all intellectual property rights covering such Feedback to use, disclose and exploit all such Feedback for any purpose.
7. Your Obligations and Warranties
In addition to your other obligations under this Agreement, you warrant and agree that:
7.1. You are at least 18 years of age and have the right and authority to enter into this Agreement on your own behalf and that of your Authorized Users, or if you are entering into this Agreement on behalf of your company or organization, you have the right and authority to legally bind your company or organization and its Authorized Users.
7.2. You will use the SDK only in accordance with all accompanying documentation, in the manner expressly permitted by this Agreement, and your use of the SDK, and the marketing, sales and distribution of your Application, will be in compliance with all applicable laws and regulations and all U.S. and local or foreign export and re-export restrictions applicable to the technology and documentation provided under this Agreement (including privacy and data security laws and regulations), and you will not develop any Application which would commit or facilitate the commission of a crime, or other tortious, unlawful, or illegal act.
8. Agreement and Development Program
We reserve the right to change this Agreement, the SDK or the Leap Motion development and licensing program at any time in our discretion. Leap Motion may require that you either accept and agree to the new terms of this Agreement, or, if you do not agree to the new terms, cease or terminate your use of the SDK. Your continued use of the SDK after changes to this Agreement take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the SDK and terminate this Agreement. Any termination of this Agreement by you under this Section 8 (and only this Section 8) will not affect your right, subject to your continued compliance with your obligations under this Agreement, to continue to distribute versions of your Application created and first distributed before termination, and will not affect the right of your End Users to continue using such versions of your Application, both of which rights will survive termination.
9. Term and Termination
9.1. Term. This Agreement will continue to apply until terminated by either you or Leap Motion as set out below.
9.2. Termination by You. If you want to terminate this Agreement, you may terminate it by uninstalling and destroying all copies of the SDK that are in the possession, custody or control of you, your Authorized Users and your organization.
9.3. Termination by Leap Motion. Leap Motion may at any time, terminate this Agreement with you for any reason or for no reason in Leap Motion’s sole discretion, including as a result of non-compliance by you with the restrictions in Section 1.2 or Section 2.2, or for other reasons.
9.4. Effect of Termination. Upon termination of this Agreement, all rights granted to you under this Agreement will immediately terminate and you must immediately cease all use and destroy all copies of the SDK in your and your Authorized Users’ possession, custody or control, and, except as specifically set out in Section 8, cease your distribution of Applications. Sections 1.2, 2.2, 2.2.3, 5.1, 5.2, 6, 9.4, and 10 - 13, and the Definitions exhibit, will survive termination of this Agreement. Termination of this Agreement will not affect the right of your End Users who have downloaded your Application prior to termination to continue using it.
10. Indemnification.
You agree to indemnify, hold harmless and, at Leap Motion’s option, defend Leap Motion and its affiliates and their respective officers, directors, employees, agents, and representatives harmless from any and all judgments, awards, settlements, liabilities, damages, costs, penalties, fines and other expenses (including court costs and reasonable attorneys’ fees) incurred by them arising out of or relating to any third party claim (a) with respect to your Application, including products liability, privacy, or intellectual property infringement claims, or (b) based upon your negligence or wilful misconduct or any breach or alleged breach of your representations, warranties, and covenants under this Agreement. In no event may you enter into any settlement or like agreement with a third party that affects Leap Motion rights or binds Leap Motion in any way, without the prior written consent of Leap Motion.
11. Warranty Disclaimer.
THE SDK, THE LEAP MOTION SOFTWARE AND THE LEAP MOTION REDISTRIBUTABLES ARE PROVIDED \"AS IS\" WITHOUT WARRANTY OF ANY KIND. LEAP MOTION, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL REPRESENTATIONS, PROMISES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SDK, THE LEAP MOTION SOFTWARE AND THE LEAP MOTION REDISTRIBUTABLES, INCLUDING THEIR CONDITION, AVAILABILITY, OR THE EXISTENCE OF ANY LATENT DEFECTS, AND LEAP MOTION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SUITABILITY, AND FITNESS FOR ANY PURPOSE. LEAP MOTION DOES NOT WARRANT THAT THE SDK, THE LEAP MOTION SOFTWARE OR THE LEAP MOTION REDISTRIBUTABLES WILL BE ERROR-FREE OR THAT THEY WILL WORK WITHOUT INTERRUPTION.
12. Limitation of Liability.
IN NO EVENT WILL LEAP MOTION'S LIABILITY, OR THOSE OF ITS SUPPLIERS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE SDK EXCEED ONE THOUSAND DOLLARS. EXCEPT FOR INDEMNIFICATION OBLIGATIONS, OR A BREACH OF THE LICENSE RESTRICTIONS OR CONFIDENTIALITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.
13. Miscellaneous.
13.1. Assignment. You may not assign this Agreement without the prior written consent of Leap Motion. Any assignment without such consent is void and of no effect. Leap Motion may assign this Agreement without your consent in connection with (a) a merger or consolidation of Leap Motion, (b) a sale or assignment of substantially all its assets, or (c) any other transaction which results in another entity or person owning substantially all of the assets of Leap Motion. In the event of a permitted assignment, this Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
13.2. Waiver; Severability. The failure of the other party to enforce any rights under this Agreement will not be deemed a waiver of any rights. The rights and remedies of the parties in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
13.3. Reservation. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied, are granted by Leap Motion, by implication, estoppel, or otherwise. The software in the SDK is licensed, not sold.
13.4. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
13.5. Governing Law and Jurisdiction. This Agreement will be exclusively governed by and construed under the laws of the State of California, without reference to or application of rules governing choice of laws. All disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and you hereby consent to such jurisdiction. However, Leap Motion may apply to any court or tribunal worldwide, including but not limited to those having jurisdiction over you or your Authorized Users, to seek injunctive relief.
13.6. Relationship of the Parties. This Agreement does not create any agency, partnership, or joint venture relationship between Leap Motion and you. This Agreement is for the sole benefit of Leap Motion and you (and indemnified parties), and no other persons will have any right or remedy under this Agreement.
13.7. Notice. The address for notice to Leap Motion under this Agreement is:
Ultraleap Ltd.
The West Wing
Glass Wharf
Bristol, BS2 0EL
United Kingdom
Leap Motion may provide you notice under this Agreement by email or other electronic communication or by posting communications to its development community on the Leap Motion developer portal. You consent to receive such notices in any of the foregoing manners and agree that any such notices by Leap Motion will satisfy any legal communication requirements.
13.8. Entire Agreement. This Agreement is the entire understanding of the parties with respect to its subject matter and supersedes any previous or contemporaneous communications, whether oral or written with respect to such subject matter.
Definitions
Whenever capitalized in this Agreement:
“Authorized Users” means your employees and contractors, members of your organization or, if you are an educational institution, your faculty, staff and registered students, who (a) have a demonstrable need to know or use the SDK in order to develop and test Applications on your behalf and (b) each have written and binding agreements with you to protect against the unauthorized use and disclosure of the SDK consistent with the terms and conditions of this Agreement. Authorized Users do not include End Users.
“End User” means your end user customer(s) or licensee(s).
“Leap Motion” “we” or “us” means Ultraleap Ltd., with a principal place of business at The West Wing, Glass Wharf, Bristol, BS2 0EL, United Kingdom.
“Leap Motion Device” means the Leap Motion Controller, a USB peripheral device that detects and reads movements within a 3-D interaction space to precisely interact with and control software on a computing device, or a Leap Motion-authorized embedded optical module.
“Leap Motion Redistributables” means any .lib code, .dll files, .so files, sample code, or other materials we specifically designate in the SDK as made available for incorporation into or distribution with Applications.
“Leap Motion Software” means the Leap Motion core services application and related applications that interact with a Leap Motion Device and an operating system to make motion control functionality available to Applications, and includes any Updates thereto.
“Non-Redistributable Materials” means the Leap Motion Software, and any other code, files or materials that are not specifically designated in the SDK as made available for incorporation into Applications or that are specifically designated in the SDK as not subject to distribution.
“SDK” means, collectively, the Leap Motion Redistributables, tools, APIs, sample code, software, documentation, other materials and any updates to the foregoing that may be provided or made available to you by Leap Motion in connection with this Agreement, via the Leap Motion developer portal or otherwise for use in connection with the Leap Motion development program to develop Applications.
“Specialized Application” means a Leap Motion-enabled Application which is: (i) priced at more than US$500 (or $240/year if on a subscription or similar basis, including without limitation the cumulative value of any Leap Motion-enabled Application lent, leased, let or hired); (ii) for use with a system, machine or device (other than a PC, mobile phone or VR/AR headset), priced at more than US$500 (or $240/year if on a subscription or similar basis); (iii) used for or designed for use with industrial, military, commercial or medical equipment or computer aided design; or (iv) the development of any other commercial product or service other than the Leap Motion-enabled Application itself where the annual revenue in aggregate for the product or service exceeds $50,000.
“Updates” means updates, upgrades, modifications, enhancements, revisions, new releases or new versions to the SDK that Leap Motion may make available to you in connection with this Agreement.
Other capitalized terms used in this Agreement have the meaning given them elsewhere in this Agreement.
Addendum 1
(to Leap Motion SDK Agreement)
Additional Terms for Image API
The following terms are in addition to the terms of the Leap Motion SDK Agreement (“Agreement”) and apply to any use of the Leap Motion application programming interface that enables you or your Application to access images and / or video streams from a Leap Motion Device (“Image API”):
1. Use of Image API.
1.1. Purpose. You and/or your Application may access the Image API and use image data available through the Image API only for the purpose of developing and testing Applications, and only for use with a Leap Motion Device. You may not use the Image API to develop or aid development of competing motion tracking hardware or software. Any use of the Image API must be in accordance with the terms of the Agreement and this Addendum.
1.2. Privacy
1.2.1. If you and/or your Application collects, uploads, stores, transmits or shares images, videos or other personal information available through the Image API, either through or in connection with your Application, you must expressly provide users with your privacy policy and adhere to it.
1.2.2. You must get specific opt-in consent from the user for any use that is beyond the limited and express purpose of your Application.
1.2.3. You and your Application must use and store information collected from users securely and only for as long as it is needed.
1.2.4. You agree that you will protect the privacy and legal rights of users, and comply with all applicable criminal, civil and statutory privacy laws and regulations.
Lens Terms of Service Agreement
October 16, 2023
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ACCESSING OR CONSUMING THE SOFTWARE OR SERVICES. BY CLICKING YOUR ASSENT OR USING, ACCESSING OR CONSUMING SOFTWARE OR SERVICES, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN DO NOT USE THE SOFTWARE OR SERVICES. YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION.
1. THE AGREEMENT
1.1. These terms are collectively an agreement between Mirantis, Inc., a Delaware corporation, with offices at 900 E. Hamilton Ave., Suite 650, Campbell, CA 95008, USA (“Mirantis” sometimes “our” or “we”) and the user of the Mirantis software or services who accepts the terms of this agreement. Subject to the terms and conditions of this agreement, Mirantis provides software and tools for cloud native software development, devops and related purposes (the “Lens Software”), centralized cloud services (“Lens Cloud”), related support and other services (“Lens Services”), provided through and/or marketed at our website at k8slens.dev, including all sub-domains (the “Website”). Except to the extent you and Mirantis have executed a separate agreement, these terms and conditions exclusively govern your access to and use of the Lens Software, Lens Cloud, Lens Services and Website (collectively, the “Services”), and constitute a binding legal agreement between you and Mirantis (the “Terms”). These Terms, including all Additional Terms referenced in Section 1.2 below, are, collectively, the “Agreement”. If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “Customer” “you” and “your” will refer and apply to that company or other legal entity. You acknowledge and agree that, by accessing, purchasing or using the Services, you are indicating that you have read, understand and agree to be bound by the Agreement whether or not you have created a Lens ID account. If you do not agree to these Terms and all applicable additional terms, then you have no right to access or use any of the Services.
1.2. The Services are subject to additional terms as shown below (“Additional Terms”). For clarity, unless otherwise indicated in specific Additional Terms, Services are provided by Mirantis.
Lens Desktop Software Additional Terms
Lens Cloud Services Additional Terms
1.3. Mirantis may modify or discontinue Services and/or features or elements of Services at any time and without notifying you, provided that we will not make changes to the Service for the purpose of altering your charges during the current term of your service.
1.4. Mirantis may, from time to time, make changes to this Agreement. When such changes are made, Mirantis will make the updated Agreement available and accessible through the Services, or by sending a notice to you via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of any part of the Services following such notification constitutes your acceptance of the modified Agreement. This Agreement may also be superseded by expressly-designated legal notices or terms applicable to specific features or services. These expressly-designated legal notices or terms are incorporated into this Agreement and supersede the provision(s) of this Agreement that are designated as being superseded.
1.5. For avoidance of doubt, this Agreement does not cover any Mirantis software other than Lens Software. Other Mirantis software may be distributed and licensed under separate software license terms and any professional services (other than the Services set forth in this Agreement in connection with the Lens Software) will be offered under additional or separate terms.
2. GENERAL USE
2.1. Subject to terms and conditions of this Agreement, Mirantis grants you a limited, personal, non-exclusive, and non-transferable license to use Services. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit Services in any manner.
2.2. The Services are intended for persons above the age to consent to processing in their region (e.g. 13 in the US, 16 in the EU, etc.), however, you must be at least 18 to make purchases. If you are under the age of 18 or whatever is the age of majority where you access the Services, you may make purchases only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement.
2.3. If you breach any of the terms of this Agreement, the license described in section 2.1 will terminate automatically and you must immediately stop using all Services, and delete any related downloaded software and printed materials.
3. LENS ID ACCOUNT
3.1. The use of some features of the Services may require signing up and registering for a personal Lens ID account with Mirantis (“Lens ID”). If you choose to register for a Lens ID, you shall provide accurate, complete, and up-to-date registration information. Some Services may exchange your Lens ID login information to authentication keys or tokens (“Tokens”). You are responsible for all use of your Lens ID and for the security of your password and any Tokens that may be used to access and use your Lens ID and you acknowledge that you will be solely and fully responsible for all losses incurred through, or in connection with, access to and use of the Software and Services under such credentials. If you become aware of any unauthorized use of your Lens ID, you agree to notify Mirantis immediately, change your password, and revoke all tokens.
3.2. Your Lens ID is personal to you and you are allowed to create a single Lens ID for yourself. You are not allowed to create Lens IDs for others and you are not allowed to create multiple Lens IDs for yourself or others.
3.3. Some features of the Services may have usage limits. Mirantis reserves the right to enforce usage limits in its sole discretion. Repeated exceeding of the usage limits may lead to suspension or termination of your Lens ID.
4. PRIVACY
4.1. You agree to allow Mirantis and its affiliates to store and use information provided by you, including names, business phone numbers, and business e-mail addresses anywhere Mirantis does business that will be used only in connection with Mirantis’ business relationship with you, and may be transferred worldwide between Mirantis, its affiliates, subcontractors, partners, and assignees for uses consistent with Mirantis’ business relationship with you. Except for the foregoing and except for Lens Cloud Services as further stipulated in the Additional Terms, your use of, and Mirantis providing the Services does not require you to provide, disclose or give access to Mirantis any personal information (e.g. Personally Identifiable Information) or similarly protected sensitive data or personal data to Mirantis. You agree to take all reasonable steps to avoid disclosure of personal data to Mirantis; and that you are liable for all your personal data related obligations, including without limitation, confidentiality and data protection and privacy obligations and restrictions, imposed by applicable law, regulation or court order. If disclosed, you warrant that you have obtained all the relevant consents to disclose personal data to Mirantis, and you will defend, indemnify and hold Mirantis harmless from and against any claims arising out of your breach of this Section 4.1.
4.2. The Lens Software may automatically communicate with Mirantis servers to perform automated software updates and usage tracking. These features are designed to help provide a great end user experience.
Automated Lens Software Updates. The Lens Software may automatically communicate with Mirantis servers to determine whether there are updated version(s) of the Lens Software available. You agree that the Software may be updated automatically on your computer without providing any further notice or receiving any additional consent. You may manually opt- out from automated Software updates.
Telemetry Usage Tracking. In the default mode, the Lens Software automatically communicates with Mirantis servers to send certain telemetry data about the usage. This data is collected only for Mirantis legitimate interest and for the purpose of making the Software better. The telemetry data contain information about user interface events and generic information about the attached clusters. For avoidance of doubt, no sensitive data is sent, but some of the data can be qualified as data identifying an individual under various jurisdictions and you may manually opt-out from sending telemetry data.
4.3. Mirantis will send occasional promotional emails about features, updates, events, and relevant announcements. By providing your email, you agree to receive these communications. You can opt out when you create your Lens ID or by clicking the "Unsubscribe" link in our emails. Please note that you may still receive important non-promotional communications.
4.4. For more information about how Mirantis handles and processes personal information, please visit https://www.mirantis.com/company/privacy-policy/.
5. FEES & PAYMENTS
5.1. Mirantis reserves the right to require payment of fees from you for certain services and features made available to you via Services. If you choose to subscribe to any features that carry a fee, you shall pay all applicable fees, as described and Order Form and in the then applicable price list for the features you select. “Order Form(s)” means each written order form(s) executed (including online) by you and Mirantis incorporating this Agreement and is subject to the terms and conditions herein.
5.2. When you subscribe to a feature that carries a fee (“Subscription”), we will invoice you for your first fee on the date that we process the order for your Subscription. We may suspend or terminate your Lens ID and/or access to any or all the Services if your payment is late and/or your offered payment method cannot be processed.
5.3. All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
5.4 You agree to provide Mirantis with complete and accurate billing and contact information. A service charge of the highest interest rate permitted by applicable law, whichever is lower, may be applied by Mirantis to all amounts which are not paid when due under this Agreement and any Order Form(s), accruing from the due date. You agree that neither you, nor your affiliates shall withhold or offset Fees due to Mirantis for any reason. Should Mirantis be required to use a collection agency or other means to collect payment due under this Agreement and/or any applicable Order Form(s), You agree to pay reasonable collection agency fees or reasonable attorney’s fees associated with such collection.
5.4. In case your purchase is for a subscription having monthly, annual or any other term, the Order will automatically renew for a new term at the end of current term. The pricing of your subscription may change at the time of renewal to then current pricing. You may elect not to renew by giving us notice at any time until the date of renewal.
5.5 Mirantis reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email to an email address associated with your Lens ID or made available to you through the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
6. INTELLECTUAL PROPRIETARY RIGHTS
6.1. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, Mirantis and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
6.2. As between you and Mirantis, you own all right, title and interest (including, all intellectual property rights) in and to the content you have created (“User Content”).
6.3. You grant Mirantis a perpetual, irrevocable, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information collected by Mirantis or provided by you in connection with your use of the Services in order to provide, operate, develop, improve, and/or optimize any of our Services, and otherwise as permitted by our Privacy Policy.
6.4. All trademarks, service marks, logos, trade names and any other proprietary designations of Mirantis or Lens used herein are trademarks or registered trademarks of Mirantis. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
6.5. Mirantis respects the intellectual property rights of others and encourages you to do the same. Accordingly, we have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the Lens ID of any user who uses the Services in violation of someone’s intellectual property rights.
6.6. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Mirantis for notice of claims of infringement:
Mirantis, Inc. ATTN: Mirantis Legal 900 E. Hamilton Ave., Suite 650 Campbell, CA 95008 USA
Email: mirantis.legal@mirantis.com
To be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, Mirantis will be unable to address the listed concern.
6.7. Mirantis reserves the right, in its sole discretion, to terminate the Lens ID and disable access to Services of any user who is the subject of repeated DMCA or other infringement notifications.
7. FEEDBACK
You may provide comments, bug reports, ideas or other feedback to Mirantis about the Services or Lens Materials, including without limitation about how to improve the Services or any other Mirantis products (“Feedback”). By submitting any Feedback, you agree that Mirantis is free to use such Feedback at its discretion and without any additional compensation to you. You hereby grant Mirantis a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
8. THIRD-PARTY SERVICES
As part of providing the Services, Mirantis may make services developed and maintained by third-parties available to you (“Third-Party Services”). You acknowledge that your use of any Third-Party Services may be subject to additional fees, a separate agreement between you and the Third-Party Services provider, and that Mirantis shall not be a party to any such agreement. Your use of such Third-Party Services is at your own risk and Mirantis does not endorse and is not responsible for the accuracy, functionality, usefulness, or intellectual property rights of or relating to any Third-Party Services.
9. EXTERNAL SITES
Services may include hyperlinks to other web sites or resources (collectively, “External Sites”). Such links are provided solely as a convenience to our users and Mirantis has no control over any External Sites which are provided by companies or persons other than Mirantis. You acknowledge and agree that Mirantis is not responsible for the availability of any External Sites, and does not endorse any advertising, products or other materials on or available from the External Sites. If you decide to access any of the External Sites linked to from the Services, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those External Sites.
10. TERMINATION
10.1. Mirantis may terminate this Agreement at its sole discretion at any time without prior notice or liability.
10.2. You may terminate this Agreement at any time by deleting your Lens ID and discontinuing your use of the Services.
10.3. Upon any termination or expiration of this Agreement, whether by you or Mirantis, any information (including User Content) that you have submitted on or through the Services may no longer be accessed by you and Mirantis will have no obligation to maintain any such information in its storage, databases or to forward any such information to you or any third party. You are solely responsible for retrieving your User Content from the Services prior to termination of your account. If we terminate the Agreement or disable your Lens ID other than as a result of your breach of this Agreement, we will provide you a reasonable opportunity to retrieve your User Content.
10.4. Upon any termination of this Agreement, Sections 5 (Fees & Payments), 6 (Proprietary Rights), 7 (Feedback), 8 (Third-Party Services), 9 (External Sites), 10 (Termination), 11 (Exclusion of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 14 (Miscellaneous) shall survive.
11. EXCLUSION OF WARRANTIES
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copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this
License, and the Corresponding Application Code in a form
suitable for, and under terms that permit, the user to
recombine or relink the Application with a modified version of
the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.
1) Use a suitable shared library mechanism for linking with the
Library. A suitable mechanism is one that (a) uses at run time
a copy of the Library already present on the user's computer
system, and (b) will operate properly with a modified version
of the Library that is interface-compatible with the Linked
Version.
e) Provide Installation Information, but only if you would otherwise
be required to provide such information under section 6 of the
GNU GPL, and only to the extent that such information is
necessary to install and execute a modified version of the
Combined Work produced by recombining or relinking the
Application with a modified version of the Linked Version. (If
you use option 4d0, the Installation Information must accompany
the Minimal Corresponding Source and Corresponding Application
Code. If you use option 4d1, you must provide the Installation
Information in the manner specified by section 6 of the GNU GPL
for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the
Library side by side in a single library together with other library
facilities that are not Applications and are not covered by this
License, and convey such a combined library under terms of your
choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based
on the Library, uncombined with any other library facilities,
conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it
is a work based on the Library, and explaining where to find the
accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions
of the GNU Lesser General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Library as you received it specifies that a certain numbered version
of the GNU Lesser General Public License "or any later version"
applies to it, you have the option of following the terms and
conditions either of that published version or of any later version
published by the Free Software Foundation. If the Library as you
received it does not specify a version number of the GNU Lesser
General Public License, you may choose any version of the GNU Lesser
General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide
whether future versions of the GNU Lesser General Public License shall
apply, that proxy's public statement of acceptance of any version is
permanent authorization for you to choose that version for the
Library.
SPECIAL EXCEPTION GRANTED BY COPYRIGHT HOLDERS
As a special exception, copyright holders give you permission to link this
library with independent modules to produce an executable, regardless of
the license terms of these independent modules, and to copy and distribute
the resulting executable under terms of your choice, provided that you also
meet, for each linked independent module, the terms and conditions of
the license of that module. An independent module is a module which is not
derived from or based on this library. If you modify this library, you must
extend this exception to your version of the library.
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, "this License" refers to version 3 of the GNU Lesser
General Public License, and the "GNU GPL" refers to version 3 of the GNU
General Public License.
"The Library" refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.
An "Application" is any work that makes use of an interface provided
by the Library, but which is not otherwise based on the Library.
Defining a subclass of a class defined by the Library is deemed a mode
of using an interface provided by the Library.
A "Combined Work" is a work produced by combining or linking an
Application with the Library. The particular version of the Library
with which the Combined Work was made is also called the "Linked
Version".
The "Minimal Corresponding Source" for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code
for portions of the Combined Work that, considered in isolation, are
based on the Application, and not on the Linked Version.
The "Corresponding Application Code" for a Combined Work means the
object code and/or source code for the Application, including any data
and utility programs needed for reproducing the Combined Work from the
Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License
without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a
facility refers to a function or data to be supplied by an Application
that uses the facility (other than as an argument passed when the
facility is invoked), then you may convey a copy of the modified
version:
a) under this License, provided that you make a good faith effort to
ensure that, in the event an Application does not supply the
function or data, the facility still operates, and performs
whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of
this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from
a header file that is part of the Library. You may convey such object
code under terms of your choice, provided that, if the incorporated
material is not limited to numerical parameters, data structure
layouts and accessors, or small macros, inline functions and templates
(ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the
Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license
document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that,
taken together, effectively do not restrict modification of the
portions of the Library contained in the Combined Work and reverse
engineering for debugging such modifications, if you also do each of
the following:
a) Give prominent notice with each copy of the Combined Work that
the Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license
document.
c) For a Combined Work that displays copyright notices during
execution, include the copyright notice for the Library among
these notices, as well as a reference directing the user to the
copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this
License, and the Corresponding Application Code in a form
suitable for, and under terms that permit, the user to
recombine or relink the Application with a modified version of
the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.
1) Use a suitable shared library mechanism for linking with the
Library. A suitable mechanism is one that (a) uses at run time
a copy of the Library already present on the user's computer
system, and (b) will operate properly with a modified version
of the Library that is interface-compatible with the Linked
Version.
e) Provide Installation Information, but only if you would otherwise
be required to provide such information under section 6 of the
GNU GPL, and only to the extent that such information is
necessary to install and execute a modified version of the
Combined Work produced by recombining or relinking the
Application with a modified version of the Linked Version. (If
you use option 4d0, the Installation Information must accompany
the Minimal Corresponding Source and Corresponding Application
Code. If you use option 4d1, you must provide the Installation
Information in the manner specified by section 6 of the GNU GPL
for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the
Library side by side in a single library together with other library
facilities that are not Applications and are not covered by this
License, and convey such a combined library under terms of your
choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based
on the Library, uncombined with any other library facilities,
conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it
is a work based on the Library, and explaining where to find the
accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions
of the GNU Lesser General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Library as you received it specifies that a certain numbered version
of the GNU Lesser General Public License "or any later version"
applies to it, you have the option of following the terms and
conditions either of that published version or of any later version
published by the Free Software Foundation. If the Library as you
received it does not specify a version number of the GNU Lesser
General Public License, you may choose any version of the GNU Lesser
General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide
whether future versions of the GNU Lesser General Public License shall
apply, that proxy's public statement of acceptance of any version is
permanent authorization for you to choose that version for the
Library.
Lesser General Public License For Linguistic Resources
Preamble
The licenses for most data are designed to take away your freedom to
share and change it. By contrast, this License is intended to guarantee
your freedom to share and change free data--to make sure the data are
free for all their users.
This License, the Lesser General Public License for Linguistic Resources,
applies to some specially designated linguistic resources -- typically
lexicons and grammars.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any Linguistic Resource which contains
a notice placed by the copyright holder or other authorized party saying it
may be distributed under the terms of this Lesser General Public License for
Linguistic Resources (also called "this License"). Each licensee is
addressed as "you".
A "linguistic resource" means a collection of data about language prepared
so as to be used with application programs.
The "Linguistic Resource", below, refers to any such work which has been
distributed under these terms. A "work based on the Linguistic Resource" means
either the Linguistic Resource or any derivative work under copyright law: that
is to say, a work containing the Linguistic Resource or a portion of it, either
verbatim or with modifications and/or translated straightforwardly into another
language. (Hereinafter, translation is included without limitation in the term
"modification".)
"Legible form" for a linguistic resource means the preferred form of the resource
for making modifications to it.
Activities other than copying, distribution and modification are not covered by
this License; they are outside its scope. The act of running a program using the
Linguistic Resource is not restricted, and output from such a program is covered
only if its contents constitute a work based on the Linguistic Resource
(independent of the use of the Linguistic Resource in a tool for writing it).
Whether that is true depends on what the program that uses the Linguistic
Resource does.
1. You may copy and distribute verbatim copies of the Linguistic Resource as you
receive it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice and disclaimer of warranty;
keep intact all the notices that refer to this License and to the absence of any
warranty; and distribute a copy of this License along with the Linguistic Resource.
You may charge a fee for the physical act of transferring a copy, and you may at
your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Linguistic Resource or any portion
of it, thus forming a work based on the Linguistic Resource, and copy and distribute
such modifications or work under the terms of Section 1 above, provided that you
also meet all of these conditions:
a) The modified work must itself be a linguistic resource.
b) You must cause the files modified to carry prominent notices stating that
you changed the files and the date of any change.
c) You must cause the whole of the work to be licensed at no charge to all
third parties under the terms of this License.
These requirements apply to the modified work as a whole. If identifiable sections
of that work are not derived from the Linguistic Resource, and can be reasonably
considered independent and separate works in themselves, then this License, and
its terms, do not apply to those sections when you distribute them as separate
works. But when you distribute the same sections as part of a whole which is a work
based on the Linguistic Resource, the distribution of the whole must be on the terms
of this License, whose permissions for other licensees extend to the entire whole,
and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to
work written entirely by you; rather, the intent is to exercise the right to control
the distribution of derivative or collective works based on the Linguistic Resource.
In addition, mere aggregation of another work not based on the Linguistic Resource
with the Linguistic Resource (or with a work based on the Linguistic Resource) on a
volume of a storage or distribution medium does not bring the other work under the
scope of this License.
3. A program that contains no derivative of any portion of the Linguistic Resource,
but is designed to work with the Linguistic Resource (or an encrypted form of the
Linguistic Resource) by reading it or being compiled or linked with it, is called
a "work that uses the Linguistic Resource". Such a work, in isolation, is not a
derivative work of the Linguistic Resource, and therefore falls outside the scope
of this License.
However, combining a "work that uses the Linguistic Resource" with the Linguistic
Resource (or an encrypted form of the Linguistic Resource) creates a package that
is a derivative of the Linguistic Resource (because it contains portions of the
Linguistic Resource), rather than a "work that uses the Linguistic Resource". If
the package is a derivative of the Linguistic Resource, you may distribute the
package under the terms of Section 4. Any works containing that package also
fall under Section 4.
4. As an exception to the Sections above, you may also combine a "work that uses
the Linguistic Resource" with the Linguistic Resource (or an encrypted form of the
Linguistic Resource) to produce a package containing portions of the Linguistic
Resource, and distribute that package under terms of your choice, provided that
the terms permit modification of the package for the customer's own use and reverse
engineering for debugging such modifications.
You must give prominent notice with each copy of the package that the Linguistic
Resource is used in it and that the Linguistic Resource and its use are covered by
this License. You must supply a copy of this License. If the package during execution
displays copyright notices, you must include the copyright notice for the Linguistic
Resource among them, as well as a reference directing the user to the copy of this
License. Also, you must do one of these things:
a) Accompany the package with the complete corresponding machine-readable
legible form of the Linguistic Resource including whatever changes were used
in the package (which must be distributed under Sections 1 and 2 above); and,
if the package contains an encrypted form of the Linguistic Resource, with the
complete machine-readable "work that uses the Linguistic Resource", as object
code and/or source code, so that the user can modify the Linguistic Resource
and then encrypt it to produce a modified package containing the modified
Linguistic Resource.
b) Use a suitable mechanism for combining with the Linguistic Resource. A
suitable mechanism is one that will operate properly with a modified version
of the Linguistic Resource, if the user installs one, as long as the modified
version is interface-compatible with the version that the package was made with.
c) Accompany the package with a written offer, valid for at least three years,
to give the same user the materials specified in Subsection 4a, above, for a
charge no more than the cost of performing this distribution.
d) If distribution of the package is made by offering access to copy from a
designated place, offer equivalent access to copy the above specified materials
from the same place.
e) Verify that the user has already received a copy of these materials or
that you have already sent this user a copy.
If the package includes an encrypted form of the Linguistic Resource, the required form
of the "work that uses the Linguistic Resource" must include any data and utility
programs needed for reproducing the package from it. However, as a special exception,
the materials to be distributed need not include anything that is normally distributed
(in either source or binary form) with the major components (compiler, kernel, and so on)
of the operating system on which the executable runs, unless that component itself
accompanies the executable.
It may happen that this requirement contradicts the license restrictions of proprietary
libraries that do not normally accompany the operating system. Such a contradiction means
you cannot use both them and the Linguistic Resource together in a package that you distribute.
5. You may not copy, modify, sublicense, link with, or distribute the Linguistic Resource
except as expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense, link with, or distribute the Linguistic Resource is void, and will automatically
terminate your rights under this License. However, parties who have received copies, or rights,
from you under this License will not have their licenses terminated so long as such parties
remain in full compliance.
6. You are not required to accept this License, since you have not signed it. However, nothing
else grants you permission to modify or distribute the Linguistic Resource or its derivative
works. These actions are prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Linguistic Resource (or any work based on the Linguistic Resource),
you indicate your acceptance of this License to do so, and all its terms and conditions for
copying, distributing or modifying the Linguistic Resource or works based on it.
7. Each time you redistribute the Linguistic Resource (or any work based on the Linguistic
Resource), the recipient automatically receives a license from the original licensor to copy,
distribute, link with or modify the Linguistic Resource subject to these terms and conditions.
You may not impose any further restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third parties with this License.
8. If, as a consequence of a court judgment or allegation of patent infringement or for any
other reason (not limited to patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot distribute so as to satisfy
simultaneously your obligations under this License and any other pertinent obligations, then
as a consequence you may not distribute the Linguistic Resource at all. For example, if a
patent license would not permit royalty-free redistribution of the Linguistic Resource by
all those who receive copies directly or indirectly through you, then the only way you could
satisfy both it and this License would be to refrain entirely from distribution of the
Linguistic Resource.
If any portion of this section is held invalid or unenforceable under any particular
circumstance, the balance of the section is intended to apply, and the section as a whole is
intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property
right claims or to contest validity of any such claims; this section has the sole purpose of
protecting the integrity of the free resource distribution system which is implemented by public
license practices. Many people have made generous contributions to the wide range of data
distributed through that system in reliance on consistent application of that system; it is up
to the author/donor to decide if he or she is willing to distribute resources through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of
the rest of this License.
9. If the distribution and/or use of the Linguistic Resource is restricted in certain countries
either by patents or by copyrighted interfaces, the original copyright holder who places the
Linguistic Resource under this License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in or among countries not
thus excluded. In such case, this License incorporates the limitation as if written in the
body of this License.
10. The Free Software Foundation may publish revised and/or new versions of the Lesser General
Public License for Linguistic Resources from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Linguistic Resource specifies a
version number of this License which applies to it and "any later version", you have the
option of following the terms and conditions either of that version or of any later version
published by the Free Software Foundation. If the Linguistic Resource does not specify a license
version number, you may choose any version ever published by the Free Software Foundation.
11. If you wish to incorporate parts of the Linguistic Resource into other free programs whose
distribution conditions are incompatible with these, write to the author to ask for permission.
NO WARRANTY
12. BECAUSE THE LINGUISTIC RESOURCE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
LINGUISTIC RESOURCE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN
WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LINGUISTIC RESOURCE "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE LINGUISTIC RESOURCE IS WITH YOU. SHOULD THE LINGUISTIC
RESOURCE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
13. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LINGUISTIC RESOURCE AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LINGUISTIC RESOURCE
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED
BY YOU OR THIRD PARTIES OR A FAILURE OF THE LINGUISTIC RESOURCE TO OPERATE WITH ANY OTHER
SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
LHA LICENSE
Permission is given for redistribution, copy, and modification provided
following conditions are met.
1. Do not remove copyright clause.
2. Distribution shall conform:
a. The content of redistribution (i.e., source code, documentation,
and reference guide for programmers) shall include original contents.
If contents are modified, the document clearly indicating
the fact of modification must be included.
b. If LHa is redistributed with added values, you must put your best
effort to include them (Translator comment: If read literally,
original Japanese was unclear what "them" means here. But
undoubtedly this "them" means source code for the added value
portion and this is a typical Japanese sloppy writing style to
abbreviate as such) Also the document clearly indicating that
added value was added must be included.
c. Binary only distribution is not allowed (including added value
ones.)
3. You need to put effort to distribute the latest version (This is not
your duty).
NB: Distribution on Internet is free. Please notify me by e-mail or
other means prior to the distribution if distribution is done through
non-Internet media (Magazine, CDROM etc.) If not, make sure to Email
me later.
4. Any damage caused by the existence and use of this program will not
be compensated.
5. Author will not be responsible to correct errors even if program is
defective.
6. This program, either as a part of this or as a whole of this, may be
included into other programs. In this case, that program is not LHa
and can not call itself LHa.
7. For commercial use, in addition to above conditions, following
condition needs to be met.
a. The program whose content is mainly this program can not be used
commercially.
b. If the recipient of commercial use deems inappropriate as a
program user, you must not distribute.
c. If used as a method for the installation, you must not force
others to use this program. In this case, commercial user will
perform its work while taking full responsibility of its outcome.
d. If added value is done under the commercial use by using this
program, commercial user shall provide its support.
(Osamu Aoki also comments:
Here "commercial" may be interpreted as "for-fee". "Added value" seems
to mean "feature enhancement". )
Translated License Statement by Tsugio Okamoto (translated by
GOTO Masanori <gotom@debian.org>):
It's free to distribute on the network, but if you distribute for
the people who cannot access the network (by magazine or CD-ROM),
please send E-Mail (Inter-Net address) to the author before the
distribution. That's well where this software is appeard.
If you cannot do, you must send me the E-Mail later.`
Unless otherwise *explicitly* stated, the following text describes the
licensed conditions under which the contents of this libcap release
may be used and distributed:
-------------------------------------------------------------------------
Redistribution and use in source and binary forms of libcap, with
or without modification, are permitted provided that the following
conditions are met:
1. Redistributions of source code must retain any existing copyright
notice, and this entire permission notice in its entirety,
including the disclaimer of warranties.
2. Redistributions in binary form must reproduce all prior and current
copyright notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. The name of any author may not be used to endorse or promote
products derived from this software without their specific prior
written permission.
ALTERNATIVELY, this product may be distributed under the terms of the
GNU General Public License (v2.0 - see below), in which case the
provisions of the GNU GPL are required INSTEAD OF the above
restrictions. (This clause is necessary due to a potential conflict
between the GNU GPL and the restrictions contained in a BSD-style
copyright.)
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR(S) BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
-------------------------------------------------------------------------
LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY
LIBERATION FONT SOFTWARE
This agreement governs the use of the Software and any updates to the Software, regardless of the delivery mechanism. Subject to the following terms, Red Hat, Inc. ("Red Hat") grants to the user ("Client") a license to this work pursuant to the GNU General Public License v.2 with the exceptions set forth below and such other terms as are set forth in this End User License Agreement.
1. The Software and License Exception. LIBERATION font software (the "Software") consists of TrueType-OpenType formatted font software for rendering LIBERATION typefaces in sans-serif, serif, and monospaced character styles. You are licensed to use, modify, copy, and distribute the Software pursuant to the GNU General Public License v.2 with the following exceptions:
(a) As a special exception, if you create a document which uses this font, and embed this font or unaltered portions of this font into the document, this font does not by itself cause the resulting document to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the document might be covered by the GNU General Public License. If you modify this font, you may extend this exception to your version of the font, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
(b) As a further exception, any distribution of the object code of the Software in a physical product must provide you the right to access and modify the source code for the Software and to reinstall that modified version of the Software in object code form on the same physical product on which you received it.
2. Intellectual Property Rights. The Software and each of its components, including the source code, documentation, appearance, structure and organization are owned by Red Hat and others and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. The "LIBERATION" trademark is a trademark of Red Hat, Inc. in the U.S. and other countries. This agreement does not permit Client to distribute modified versions of the Software using Red Hat's trademarks. If Client makes a redistribution of a modified version of the Software, then Client must modify the files names to remove any reference to the Red Hat trademarks and must not use the Red Hat trademarks in any way to reference or promote the modified Software.
3. Limited Warranty. To the maximum extent permitted under applicable law, the Software is provided and licensed "as is" without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Red Hat does not warrant that the functions contained in the Software will meet Client's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, Red Hat or any Red Hat authorized dealer will not be liable to Client for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Software, even if Red Hat or such dealer has been advised of the possibility of such damages.
5. General. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of the State of North Carolina and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.
Copyright © 2007 Red Hat, Inc. All rights reserved. LIBERATION is a trademark of Red Hat, Inc.
Credits and license terms:
In order to resolve any possible confusion regarding the authorship of
gd, the following copyright statement covers all of the authors who
have required such a statement. If you are aware of any oversights in
this copyright notice, please contact Pierre-A. Joye who will be
pleased to correct them.
* Portions copyright 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001,
2002, 2003, 2004 by Cold Spring Harbor Laboratory. Funded under
Grant P41-RR02188 by the National Institutes of Health.
* Portions copyright 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003,
2004 by Boutell.Com, Inc.
* Portions relating to GD2 format copyright 1999, 2000, 2001, 2002,
2003, 2004 Philip Warner.
* Portions relating to PNG copyright 1999, 2000, 2001, 2002, 2003,
2004 Greg Roelofs.
* Portions relating to gdttf.c copyright 1999, 2000, 2001, 2002,
2003, 2004 John Ellson (ellson@graphviz.org).
* Portions relating to gdft.c copyright 2001, 2002, 2003, 2004 John
Ellson (ellson@graphviz.org).
* Portions copyright 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007
Pierre-Alain Joye (pierre@libgd.org).
* Portions relating to JPEG and to color quantization copyright
2000, 2001, 2002, 2003, 2004, Doug Becker and copyright (C) 1994,
1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004 Thomas
G. Lane. This software is based in part on the work of the
Independent JPEG Group. See the file README-JPEG.TXT for more
information.
* Portions relating to GIF compression copyright 1989 by Jef
Poskanzer and David Rowley, with modifications for thread safety
by Thomas Boutell.
* Portions relating to GIF decompression copyright 1990, 1991, 1993
by David Koblas, with modifications for thread safety by Thomas
Boutell.
* Portions relating to WBMP copyright 2000, 2001, 2002, 2003, 2004
Maurice Szmurlo and Johan Van den Brande.
* Portions relating to GIF animations copyright 2004 Jaakko Hyvätti
(jaakko.hyvatti@iki.fi)
Permission has been granted to copy, distribute and modify gd in
any context without fee, including a commercial application,
provided that this notice is present in user-accessible supporting
documentation.
This does not affect your ownership of the derived work itself,
and the intent is to assure proper credit for the authors of gd,
not to interfere with your productive use of gd. If you have
questions, ask. "Derived works" includes all programs that utilize
the library. Credit must be given in user-accessible
documentation.
This software is provided "AS IS." The copyright holders disclaim
all warranties, either express or implied, including but not
limited to implied warranties of merchantability and fitness for a
particular purpose, with respect to this code and accompanying
documentation.
Although their code does not appear in the current release, the
authors wish to thank David Koblas, David Rowley, and Hutchison
Avenue Software Corporation for their prior contributions.
libgeotiff Licensing
====================
All the source code in this toolkit are either in the public domain, or under
an X style license. In any event it is all considered to be free to use
for any purpose (including commercial software). No credit is required
though some of the code requires that the specific source code modules
retain their existing copyright statements. The CSV files, and other tables
derived from the EPSG coordinate system database are also free to use. In
particular, no part of this code is "copyleft", nor does it imply any
requirement for users to disclose this or their own source code.
All components not carrying their own copyright message, but distributed
with libgeotiff should be considered to be under the same license as
Niles' code.
---------
Code by Frank Warmerdam has this copyright notice (directly copied from
X Consortium licence):
* Copyright (c) 1999, Frank Warmerdam
*
* Permission is hereby granted, free of charge, to any person obtaining a
* copy of this software and associated documentation files (the "Software"),
* to deal in the Software without restriction, including without limitation
* the rights to use, copy, modify, merge, publish, distribute, sublicense,
* and/or sell copies of the Software, and to permit persons to whom the
* Software is furnished to do so, subject to the following conditions:
*
* The above copyright notice and this permission notice shall be included
* in all copies or substantial portions of the Software.
*
* THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
* OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
* FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
* THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
* LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
* FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
* DEALINGS IN THE SOFTWARE.
-----------
Code by Niles Ritter is under this licence:
* Written By: Niles D. Ritter.
*
* copyright (c) 1995 Niles D. Ritter
*
* Permission granted to use this software, so long as this copyright
* notice accompanies any products derived therefrom.
-----------
The EPSG Tables (from which the CSV files, and .inc files are derived)
carried this statement on use of the data (from the EPSG web site):
Use of the Data
The user assumes the entire risk as to the accuracy and the use of this
data. The data may be used, copied and distributed subject to the following
conditions:
1. INFORMATION PROVIDED IN THIS DOCUMENT IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
2. The data may be included in any commercial package provided that any
commerciality is based on value added by the provider and not on a value
ascribed to the EPSG dataset which is made available at no charge. The
ownership of the EPSG dataset [OGP] must be acknowledged.
3. Subsets of information may be extracted from the dataset. Users are
advised that coordinate reference system and coordinate transformation
descriptions are incomplete unless all elements detailed as essential
in OGP Surveying and Positioning Guidance Note 7-1 annex F are included.
4. Essential elements should preferably be reproduced as described in the
dataset. Modification of parameter values is permitted as described in
the table below to allow change to the content of the information provided
that numeric equivalence is achieved. Numeric equivalence refers to the
results of geodetic calculations in which the parameters are used, for
example (i) conversion of ellipsoid defining parameters, or (ii) conversion
of parameters between one and two standard parallel projection methods,
or (iii) conversion of parameters between 7-parameter geocentric
transformation methods.
(EPSG provides a table at this point with some details)
5. No data that has been modified other than as permitted in these terms
and conditions shall be described as or attributed to the EPSG dataset.
- - - - - - - - - - - - Copyright Notice - - - - - - - - - - - -
Copyright 1998 Forrest J. Cavalier III
See http://www.mibsoftware.com/libmib/ for documentation, original copies, and information on supported, industrial quality (non-experimental) versions appropriate for commercial use. This version is considered experimental.
This software is provided by Forrest J. Cavalier III, d-b-a Mib Software, under the license which follows, which is believed to meet the open-source definition, version 1.0 at http://www.opensource.org
We would appreciate that you notify us of defect discoveries and enhancements so that others can benefit from work on open-source software.
Forrest J. Cavalier III, Mib Software http://www.mibsoftware.com We customize and extend reusable and open software.
- - - - - - - - - - - - - License - - - - - - - - - - - - - - - - -
Permission is hereby granted, free of charge, to any person obtaining a copy of this software (the "Software"), to deal in the Software without restriction, including the rights to use, copy, modify, merge,publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so,subject to the following conditions.
1. The above copyright notice and this permission notice shall be included in the source code of all copies or substantial portions of the Software.
2. Modifications to the Software may be created.
Unless other licensing agreements are made in writing, these conditions apply when distributing source code.
a) When source code of the Software is distributed, it shall be in its "pristine", unmodified form.
and
b) Modifications to the Software which are distributed as source code shall be distributed only as "patch files."
and
c) Modified works that are distributed shall be named differently than the original.
Contact the author to arrange other terms.
3. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. */
The MNG Library is supplied "AS IS". The Contributing Authors
disclaim all warranties, expressed or implied, including, without
limitation, the warranties of merchantability and of fitness for any
purpose. The Contributing Authors assume no liability for direct,
indirect, incidental, special, exemplary, or consequential damages,
which may result from the use of the MNG Library, even if advised of
the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, without fee, subject
to the following restrictions:
1. The origin of this source code must not be misrepresented;
you must not claim that you wrote the original software.
2. Altered versions must be plainly marked as such and must not be
misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source
or altered source distribution.
The Contributing Authors specifically permit, without fee, and
encourage the use of this source code as a component to supporting
the MNG and JNG file format in commercial products. If you use this
source code in a product, acknowledgment would be highly appreciated.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in
supporting documentation.
This file is provided AS IS with no warranties of any kind. The author
shall have no liability with respect to the infringement of copyrights,
trade secrets or any patents by this file or any part thereof. In no event
will the author be liable for any lost revenue or profits or other special,
indirect and consequential damages.
PNG Reference Library License version 1 (for libpng 0.5 through 1.6.35)
-----------------------------------------------------------------------
libpng versions 1.0.7, July 1, 2000, through 1.6.35, July 15, 2018 are
Copyright (c) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson, are
derived from libpng-1.0.6, and are distributed according to the same
disclaimer and license as libpng-1.0.6 with the following individuals
added to the list of Contributing Authors:
Simon-Pierre Cadieux
Eric S. Raymond
Mans Rullgard
Cosmin Truta
Gilles Vollant
James Yu
Mandar Sahastrabuddhe
Google Inc.
Vadim Barkov
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of
the library or against infringement. There is no warranty that our
efforts or the library will fulfill any of your particular purposes
or needs. This library is provided with all faults, and the entire
risk of satisfactory quality, performance, accuracy, and effort is
with the user.
Some files in the "contrib" directory and some configure-generated
files that are distributed with libpng have other copyright owners, and
are released under other open source licenses.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998-2000 Glenn Randers-Pehrson, are derived from
libpng-0.96, and are distributed according to the same disclaimer and
license as libpng-0.96, with the following individuals added to the
list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996-1997 Andreas Dilger, are derived from libpng-0.88,
and are distributed according to the same disclaimer and license as
libpng-0.88, with the following individuals added to the list of
Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
Some files in the "scripts" directory have other copyright owners,
but are released under this license.
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors"
is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing
Authors and Group 42, Inc. disclaim all warranties, expressed or
implied, including, without limitation, the warranties of
merchantability and of fitness for any purpose. The Contributing
Authors and Group 42, Inc. assume no liability for direct, indirect,
incidental, special, exemplary, or consequential damages, which may
result from the use of the PNG Reference Library, even if advised of
the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, without fee, subject
to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not
be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any
source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit,
without fee, and encourage the use of this source code as a component
to supporting the PNG file format in commercial products. If you use
this source code in a product, acknowledgment is not required but would
be appreciated.
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE
=========================================
PNG Reference Library License version 2
---------------------------------------
* Copyright (c) 1995-2018 The PNG Reference Library Authors.
* Copyright (c) 2018 Cosmin Truta.
* Copyright (c) 2000-2002, 2004, 2006-2018 Glenn Randers-Pehrson.
* Copyright (c) 1996-1997 Andreas Dilger.
* Copyright (c) 1995-1996 Guy Eric Schalnat, Group 42, Inc.
The software is supplied "as is", without warranty of any kind,
express or implied, including, without limitation, the warranties
of merchantability, fitness for a particular purpose, title, and
non-infringement. In no even shall the Copyright owners, or
anyone distributing the software, be liable for any damages or
other liability, whether in contract, tort or otherwise, arising
from, out of, or in connection with the software, or the use or
other dealings in the software, even if advised of the possibility
of such damage.
Permission is hereby granted to use, copy, modify, and distribute
this software, or portions hereof, for any purpose, without fee,
subject to the following restrictions:
1. The origin of this software must not be misrepresented; you
must not claim that you wrote the original software. If you
use this software in a product, an acknowledgment in the product
documentation would be appreciated, but is not required.
2. Altered source versions must be plainly marked as such, and must
not be misrepresented as being the original software.
3. This Copyright notice may not be removed or altered from any
source or altered source distribution.
This copy of the libpng notices is provided for your convenience. In case of
any discrepancy between this copy and the notices in the file png.h that is
included in the libpng distribution, the latter shall prevail.
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately following
this sentence.
libpng versions 1.2.6, August 15, 2004, through 1.2.33, October 31, 2008, are
Copyright (c) 2004, 2006-2008 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-1.2.5
with the following individual added to the list of Contributing Authors
Cosmin Truta
libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are
Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-1.0.6
with the following individuals added to the list of Contributing Authors
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the
library or against infringement. There is no warranty that our
efforts or the library will fulfill any of your particular purposes
or needs. This library is provided with all faults, and the entire
risk of satisfactory quality, performance, accuracy, and effort is with
the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-0.96,
with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88,
with the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors"
is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors
and Group 42, Inc. disclaim all warranties, expressed or implied,
including, without limitation, the warranties of merchantability and of
fitness for any purpose. The Contributing Authors and Group 42, Inc.
assume no liability for direct, indirect, incidental, special, exemplary,
or consequential damages, which may result from the use of the PNG
Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, without fee, subject
to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not
be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any
source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without
fee, and encourage the use of this source code as a component to
supporting the PNG file format in commercial products. If you use this
source code in a product, acknowledgment is not required but would be
appreciated.
A "png_get_copyright" function is available, for convenient use in "about"
boxes and the like:
printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the
files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a
certification mark of the Open Source Initiative.
Glenn Randers-Pehrson
glennrp at users.sourceforge.net
October 31, 2008
As a special exception, libpri may also be linked to the
OpenH323 library, so long as the entirity of the derivative
work (as defined within the GPL) is licensed either under
the MPL of the OpenH323 license or the GPL of libpri.
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ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE AND/OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
As a special exception, the authors give permission to link the code of the
libticables2 library with TilEm (http://lpg.ticalc.org/prj_tilem) and the
code derived from Marcel De Kogel's z80em
(http://www.komkon.org/~dekogel/misc.html) it includes, and distribute linked
combinations including the two. You must obey the GNU General Public License
in all respects for all of the code used other than the z80em-derived code in
TilEm. If you modify this library, you may extend this exception to your
version of the library, but you are not obligated to do so. If you do not
wish to do so, delete this exception statement from your version.
This exception does NOT apply to the dhahelper.sys and rwports.sys drivers.
As a special exception to the GNU General Public License,
if you distribute this file as part of a program or library that
is built using GNU Libtool, you may include this file under the
same distribution terms that you use for the rest of that program.
As a special exception to the GNU Lesser General Public License,
if you distribute this file as part of a program or library that
is built using GNU Libtool, you may include this file under the
same distribution terms that you use for the rest of that program.
As a special exception to the GNU General Public License, if you
distribute this file as part of a program or library that is built using
GNU Libtool, you may include this file under the same distribution terms
that you use for the rest of that program.
Redistribution and use in source and binary forms, with or without
modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice immediately at the beginning of the file, without modification,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. This work was done expressly for inclusion into FreeBSD. Other use
is permitted provided this notation is included.
4. Absolutely no warranty of function or purpose is made by the author
David Nugent.
5. Modifications may be freely made to this file providing the above
conditions are met.
Libwebsockets and included programs are provided under the terms of the GNU
Library General Public License (LGPL) 2.1, with the following exceptions:
1) Any reference, whether in these modifications or in the GNU
Library General Public License 2.1, to this License, these terms, the
GNU Lesser Public License, GNU Library General Public License, LGPL, or
any similar reference shall refer to the GNU Library General Public
License 2.1 as modified by these paragraphs 1) through 4).
2) Static linking of programs with the libwebsockets library does not
constitute a derivative work and does not require the author to provide
source code for the program, use the shared libwebsockets libraries, or
link their program against a user-supplied version of libwebsockets.
If you link the program to a modified version of libwebsockets, then the
changes to libwebsockets must be provided under the terms of the LGPL in
sections 1, 2, and 4.
3) You do not have to provide a copy of the libwebsockets license with
programs that are linked to the libwebsockets library, nor do you have to
identify the libwebsockets license in your program or documentation as
required by section 6 of the LGPL.
However, programs must still identify their use of libwebsockets. The
following example statement can be included in user documentation to
satisfy this requirement:
"[program] is based in part on the work of the libwebsockets project
(https://libwebsockets.org)"
4) Some sources included have their own, more liberal licenses, or options
to get original sources with the liberal terms.
Original liberal license retained
- lib/sha-1.c - 3-clause BSD license retained, link to original
- win32port/zlib - ZLIB license (see zlib.h)
- lib/mbedtls_wrapper - Apache 2.0 (only built if linked against mbedtls)
Relicensed to libwebsocket license
- lib/base64-decode.c - relicensed to LGPL2.1+SLE, link to original
- lib/daemonize.c - relicensed from Public Domain to LGPL2.1+SLE,
link to original Public Domain version
Public Domain (CC-zero) to simplify reuse
- test-apps/*.c
- test-apps/*.h
- lwsws/*
------ end of exceptions
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. The names of the authors may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHORS ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
EULA: Liferay Digital Experience Platform And Certain Applications
This End User License Agreement (“EULA”) governs the use of Liferay Software (as defined below).
PLEASE READ THIS EULA CAREFULLY BEFORE ACCESSING, DOWNLOADING, INSTALLING OR IN ANY WAY USING THE SOFTWARE. BY CLICKING YOUR ASSENT OR ACCESSING, DOWNLOADING, INSTALLING OR IN ANY WAY USING THE SOFTWARE, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS EULA AND ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THE TERMS. IF YOU ARE AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT ACCESS, DOWNLOAD, INSTALL OR IN ANY WAY USE THE SOFTWARE.
1. Certain Definitions
“Affiliates” means in the case of a company, an entity that owns or controls, is owned or controlled by, or is under common control or ownership with a party, where ‘control’ is the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting shares, by contract or otherwise.
“Business Partner” means an organization authorized by Liferay, directly or indirectly, to promote, market, sell, resell, distribute, and support the Software.
“Designated Purpose” means the specific use case and purpose for which Liferay provides to You and You utilize the Software and, where applicable, the associated Subscription Services, i.e. either “Non-Production”, “Production”, “Backup”, “Evaluation” or “Development” Purposes. “Non-Production Purposes” means using the Software solely in a non-production environment, generally for the purposes of dev-integration, testing, quality assurance, staging, and user acceptance testing but excluding Development Purposes. “Production Purposes” means using the Software in a production environment, generally to service live requests and to use live data and Software. “Backup Purposes” means using the Software solely in a backup or secondary environment that is (i) periodically or regularly receiving backups of data from Instances used for Production Purposes; (ii) not servicing requests; and (iii) used for the purpose of disaster recovery and/or serving as a backup in case a live Instance used for Production Purposes fails. “Evaluation Purposes” means using specially designated copies of the Software for the limited purpose of non-revenue generating evaluation of the Software. “Development Purposes” means using the Software for the specific purpose of building software that runs with or on the Software.
“Derivative Works” means any copy and/or modification of the Software and each component of the Software, that is not separate from the code base of the Software, including but not limited to all derivative works, improvements or upgrades of the Software.
“Documentation” means the documentation generally made available by Liferay in conjunction with Software as part of Subscription Services.
“Forked Software” means modifications to the Software source code to develop a separately maintained source code program (a) with features not present in the Software source code added or existing features removed from the Software source code; or (b) where modifications to the original source code of the Software are not automatically integrated with the original source code of the Software.
“Free Liferay Subscription Apps” are those Liferay Subscription Apps that Liferay makes available in the Subscription App category of its Liferay Marketplace free of charge (displayed as “Free” Apps).
“Instance” means one (1) copy of the Software.
“Liferay” means the Liferay company described in the “Liferay Contracting Entity, Notices, Governing Law, and Venue” section below.
“Limiting Devices” means time-out devices, counter devices, and/or other devices intended to ensure the limits of the license granted to You under this EULA will not be exceeded.
“Permissible Extension Methods” means the permitted methods of extending the Software defined in the Documentation, such as using the Liferay Plugins SDK and developing Liferay EXT Plugins.
“Software” or “Liferay Software” means Liferay Digital Enterprise, Free Liferay Subscription Apps (as defined herein), Liferay Labs Apps software and any other Liferay software applications that include or refer to this license including any related updates, upgrades, versions, appearance, source code, structure, organization, Documentation (as defined herein) and application programming interfaces. Software shall not include third-party software applications that are made available through the Liferay Marketplace located at www.liferay.com/marketplace, Third-Party Software or generally available open source projects such as such as any Liferay branded community edition of the Software and/or other community projects.
“Subscription Services” means fee-bearing Liferay subscriptions for certain value-added services provided for a defined period of time and related to the Software.
“Subscription Term” means the initial and any renewal term of Subscription Services.
“Third Party Software” means software program, computer code, programming libraries, application programming interfaces, or other materials, (i) the intellectual property rights of which are not owned by Liferay or its Affiliates and (ii) which is licensed under terms and conditions outside the scope of this EULA as further specified in Section 2 below.
“Unit” means an Instance.
“You” means, as applicable, the individual or the entity on whose behalf the individual is acting and “Your” shall be construed accordingly.
2. License Grant
Subject to the restrictions set forth in this Section 2 and Sections 3 and 4 below and subject to Your compliance with the other terms and conditions of this EULA, Liferay grants to You a perpetual (provided that, in case of Evaluation Purposes, non-perpetual), non-transferable, non-exclusive, worldwide, non-sublicensable license, to use the Software. You may use the Software solely for Your internal business operations (which includes use by or on behalf of Your Affiliates and Affiliates shall not be considered a third party for the purposes of this Section, provided that You remain responsible for the Affiliates’ compliance with terms of this EULA). The foregoing sentence is not intended to limit Your internal use of the Software to operate a web site and/or to offer Your own software as a service, provided such web site or service does not include a distribution of the Software, in whole or in part. You may extend the Software through Permissible Extension Methods. You acquire only the right to use the Software and do not acquire any rights of ownership in the Software. Liferay reserves all rights to the Software not expressly granted to You. The Software is provided with certain Third Party Software. Each Third Party Software item is licensed to You under the applicable license terms and conditions set forth at www.liferay.com/third-party-software and in a file accompanying the Software and Your use of any Third Party Software shall be subject to such terms and conditions. The license granted to You under this EULA pertains solely to Your use of the Software and nothing in this EULA is intended to limit Your rights under, or grant You rights that supersede, the license terms of any Third Party Software. The Software may be used by or for You on Your premises, or within a third party data center, provided that (i) You remain responsible for all of Your obligations under this EULA and for the activities and omissions of the third party data center, and (ii) You control the access to the Software (which control of access does not require physical control and instead may be accomplished through the use of appropriate contractual provisions with the data center operator). For clarification, this license does not grant any rights in the trademarks, service marks or logos owned by Liferay or its Affiliates. You may use third party contractors to assist with the installation and use of the Software on Your or Your Affiliates’ behalf and only for Your own internal business use (in case of Evaluation Purposes, evaluation use instead), provided that You will remain responsible for all of Your obligations under this EULA and for the activities and omissions of the third parties.
3. Purpose and Unit Restrictions
Except in the case of Development Purposes and Evaluation Purposes, Your use of the Software is restricted to the total number of Units and to the Designated Purpose for which You have acquired Subscription Services from Liferay or a Business Partner. Use of the Software for Development Purposes requires a developer license (licenses can be self-provisioned free of charge during a Subscription Term), that limits Your use to one (1) developer workstation and up to ten (10) unique IP address connections. You may only use a developer license for Development Purposes. Use of the Software for Evaluation Purposes requires an evaluation license provisioned by Liferay and is limited to just one (1) Unit and to thirty (30) days from the date of activation of the Software, unless otherwise extended by Liferay.
4. Restrictions
4.1 The license granted to You under this EULA does not authorize You (nor may You allow any third party, specifically non-employees of Yours) to: (i) copy, reproduce, use, sublicense, rent, lease or otherwise distribute or allow third party access to the Software except as expressly authorized hereunder; (ii) decompile, disassemble, reverse engineer, translate, modify (except through Permissible Extension Methods, if applicable), loan, convert or apply any procedure or process to the Software in order to ascertain, derive, and/or appropriate for any reason or purpose, including the Software source code or source listings or any trade secret information or process contained in the Software (except as permitted under applicable law); (iii) execute or incorporate other software (except for approved software as more particularly identified in the Documentation or specifically approved by Liferay in writing) into Software, or create a derivative work of any part of the Software (except through Permissible Extension Methods, if applicable); (iv) remove any product identification, trademarks, trade names or titles, copyrights, legends or any other proprietary marking on the Software; (v) disclose the results of any benchmarking of the Software (whether or not obtained with Liferay’s assistance) to any third party; (vi) attempt to circumvent any user limits or other license, timing or use restrictions that are built into, defined or agreed upon, regarding the Software; (vii) use any of Liferay’s intellectual property rights protected by applicable laws and contained in or accessible through the Software for the purpose of building a competitive product or service or copying its features or user interface, (viii) use the Software to develop or enhance any (a) open source version of Software (including but not limited to any Liferay labeled community edition of the Software) or (b) Derivative Works of any open source version of the Software; or (ix) develop Forked Software.
4.2 You are hereby notified that the Software may contain Limiting Devices. If the Software contains Limiting Devices, Liferay will provide You with materials necessary to use the Software to the extent permitted. You may not tamper with or otherwise take any action to defeat, disable or circumvent a Limiting Device or other control measure, including but not limited to, resetting the Unit amount. Except as permitted herein, any attempt to assign, transfer or sublicense the Software to any third party will be void. Except for Software copies provided and used for Evaluation Purposes,You may make any reasonable number of copies of the Software for data archival purposes. To the extent a license key is attached to a specific machine, which for example may be identified by a MAC address or host name, You can transfer the license from one machine to another, provided that this does neither increase the total number of covered Units nor change the Designated Purpose.
4.3 You acknowledge and agree that title to the Software and “Derivative Works” whether made by Liferay, You or on Liferay’s or on Your behalf, including those made at Your suggestion and all associated intellectual property rights, are and shall remain the sole and exclusive property of Liferay, its Affiliates and/or its licensors. As between You and Liferay, You shall own all independently developed code and documentation and any associated intellectual property rights developed by or on behalf of You, including but not limited to code extensions to the Software developed by using the Permissible Extension Methods that are separate from the code base of the Software (i.e. non-Derivative Works). You agree to assign, and hereby irrevocably and unconditionally assign to Liferay, in perpetuity and without further consideration, all right, title and interest in and to all Derivative Works created by You or on Your behalf, and all intellectual property rights therein or relative thereto. To the extent such intellectual property rights cannot (as a matter of law) be assigned by You to Liferay, You unconditionally and irrevocably grant to Liferay a perpetual, non-terminable, exclusive (without reservation), royalty-free, fully-paid, right and license, with the right to sublicense through multiple tiers of sublicensees, under any and all such rights: (i) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit and otherwise use the Derivative Works in any medium or format, whether now known or hereafter discovered; (ii) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating or derived from the Derivative Work(s); and (iii) to exercise any and all other present or future rights in the same. You also confirm that any relevant moral rights in the Derivative Works have been waived, or if such rights are unwaivable, You agree to not enforce such rights, and for the avoidance of doubt this waiver and agreement shall extend to Liferay’s licensees and successor in title. At Liferay’s request and expense, You shall execute and deliver such instruments and take such other action as may be reasonably requested by Liferay to perfect or protect Liferay’s rights in the Software and Derivative Works.
4.4 For the avoidance of doubt, if You receive the Software from Liferay or one of its Affiliates or Business Partners (also) under an open source version and choose to use it under that open source license, You must comply with the applicable open source license instead of this EULA.
5. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LIFERAY DOES NOT WARRANT THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, (III) THE SOFTWARE WILL COMPLY WITH REGULATORY REQUIREMENTS APPLICABLE TO YOU OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN (1) FACILITIES OR ENVIRONMENTS REQUIRING FAILSAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO (A) THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, (B) AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, (C) DIRECT LIFE SUPPORT SYSTEMS OR (2) SIMILAR ULTRA-HAZARDOUS OR STRICT LIABILITY ACTIVITIES AND YOU ARE SOLELY RESPONSIBLE AND EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.
LIFERAY MAY PROVIDE CERTAIN WARRANTIES OR ASSURANCES TO YOU AS PART OF A SEPARATE AGREEMENT (SUCH AS THE LIFERAY ENTERPRISE SERVICES AGREEMENT).
6. Exclusion and Limitation of Liability, Risk Allocation
6.1 Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFERAY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY TO YOU OR YOUR AFFILIATES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STATUTE OR OTHERWISE, FOR OR IN CONNECTION WITH:
(I) ANY ECONOMIC LOSSES, LOSS OF REVENUE, LOSS OF CUSTOMERS OR BUSINESS, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF ANTICIPATED PROFITS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA OR INTERRUPTION OF SERVICES, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, OR COVER COSTS OR ANALOGOUS COST RELATED TO THE PROCUREMENT OF REPLACEMENT SERVICES OR SOFTWARE;
(II) ANY LOSSES, COSTS, EXPENSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, PRODUCT LIABILITY, RELIANCE, BREACH OF ANY IMPLIED DUTY; OR
(III) ANY LOSSES, COSTS, EXPENSES OR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES.
IN EACH CASE (I) THROUGH (III), WHETHER OR NOT FORESEEABLE; EVEN IF LIFERAY, ITS AFFILIATES OR A BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES.
6.2 Limitation of Liability
FOR ALL EVENTS AND CIRCUMSTANCES AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LIFERAY’S AND ITS AFFILIATES' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS EULA, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTE OR OTHERWISE WILL NOT EXCEED FIFTY EURO (€50.00) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY.
6.3 Allocation of Risk
THE PROVISIONS OF SECTION 5 AND THIS SECTION 6 ALLOCATE THE RISKS UNDER THIS EULA BETWEEN LIFERAY AND YOU. THIS ALLOCATION IS AN INTRINSIC PART OF, AND THE BASIS OF, THE BARGAIN BETWEEN YOU AND LIFERAY AND WITHOUT SUCH ALLOCATION LIFERAY WOULD NOT HAVE ENTERED INTO THIS EULA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED IN SECTIONS 5 AND 6 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY (INCLUDING ANY LIMITED OR EXCLUSIVE REMEDY) PROVIDED FOR IN THIS AGREEMENT FAILS IN ITS ESSENTIAL PURPOSE.
7. Export Control
You: (i) acknowledge and agree that the Software and its components are subject to export controls under the U.S. Commerce Department’s Export Administration Regulations (“EAR”); (ii) represent and warrant that You are not located in any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR; (iii) shall not export, re-export, divert, or transfer the Software to any prohibited destination or to any party who has been prohibited from participating in US export transactions by any federal agency of the US government; (iv) shall not use or transfer the Software for use in connection with the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets or unmanned air vehicle systems; and (v) acknowledge and agree that if You export, re-export, or transfer the Software to eligible recipients, then You shall: (a) strictly comply will all applicable export control laws, (b) obtain all necessary licenses and permits, including those required by the EAR; and (c) submit all reports required by the Commerce Department’s Bureau of Industry and Security, which include the name and address (including country) of each transferee. Liferay will not have any liability for the failure to obtain a U.S. export license to export the Software. You further acknowledge and agree that countries including the United States may restrict the import, use, or export of encryption products (which may include the Software) and agree that You shall be solely responsible for compliance with any such import, use, or export restrictions. You shall indemnify Liferay, including its officers, directors and agents from all losses and liabilities (including reasonable attorneys fees and court costs) arising from any breach of Your representations, warranties or obligations under this Section.
8. General
If any provision of this EULA is held to be unenforceable, such ruling shall not affect the enforceability of the remaining provisions. The affected provision(s) will be deemed amended to the minimum extent necessary to render it valid and enforceable in conformity with applicable law and parties’ intent as expressed in this EULA. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods.
9. Liferay Contracting Entity, Notices, Governing Law, and Venue
The Liferay entity entering into this Agreement, the address to which Customer should direct notices under this Agreement, the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and the courts that have jurisdiction over any such dispute or lawsuit, depend on where Customer is domiciled.
+=====================+==============================+==================================+============================+=======================+
| If You are | The Liferay entity | Notices should be | Governing law is: | Courts with exclusive |
| domiciled in: | entering into this | addressed to: | | jurisdiction are: |
| | agreement is: | | | |
+=====================+==============================+==================================+============================+=======================+
| The United States | Liferay, Inc., | 1400 Montefino Ave., | California and controlling | Los Angeles County, |
| and Canada | a California corporation | Diamond Bar, CA 91765, USA | United States federal law | California, USA |
| | | att.: Legal Department | | |
+---------------------+------------------------------+----------------------------------+----------------------------+-----------------------+
| South and | Liferay Latin America Ltda., | Rua da Alfândega, 35, loja 0401, | Brazilian law | Recife, Pernambuco, |
| Central America, | a Brazilian corporation | Shopping Paço Alfândega, | | Brazil |
| the Caribbean, | | Bairro do Recife, Recife/PE, | | |
| and Mexico | | CEP 50030-030, Brazil, | | |
| | | att.: Legal Department | | |
+---------------------+------------------------------+----------------------------------+----------------------------+-----------------------+
| Europe, Africa, | Liferay International Ltd., | 100 Mount Street Lower, | Irish law | Irish courts |
| the Middle East, | an Irish corporation | D02TY46, Dublin 2, | | |
| Asia-Pacific and | | Ireland, | | |
| other countries not | | att.: Legal Department | | |
| mentioned before | | | | |
+---------------------+------------------------------+----------------------------------+----------------------------+-----------------------+
2002306_GL
The contents of this file are subject to the terms of the Liferay Enterprise
Subscription License ("License"). You may not use this file except in
compliance with the License. You can obtain a copy of the License by
contacting Liferay, Inc. See the License for the specific language governing
permissions and limitations under the License, including but not limited to
distribution rights of the Software.
LIFERAY MARKETPLACE TERMS OF SERVICE AGREEMENT
Last modified: March 14, 2014
PLEASE READ THIS LIFERAY MARKETPLACE TERMS OF SERVICE AGREEMENT (THESE "TERMS") CAREFULLY BEFORE USING THE LIFERAY MARKETPLACE SERVICES, SOFTWARE OR ANY ASSOCIATED WEB PAGES ON LIFERAY.COM (COLLECTIVELY, THE "MARKETPLACE"). THESE TERMS APPLY TO THE MARKETPLACE. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY AGREE TO THE TERMS, YOU WILL NOT HAVE ANY RIGHT TO USE THE MARKETPLACE AND YOU MUST IMMEDIATELY DISCONTINUE USE OF THE MARKETPLACE. YOU ACCEPT THESE TERMS BY EITHER (1) CLICKING "ACCEPT," (2) PROVIDING YOUR ELECTRONIC SIGNATURE AS DIRECTED BELOW, AND/OR (3) ACTUALLY USING THE MARKETPLACE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT USE THE MARKETPLACE.
In order to use the Marketplace you must be of an age of full legal capacity or have obtained the consent of your parent or guardian allowing you to use the Marketplace.
PROVISION OF SERVICES BY LIFERAY
The Marketplace is owned and operated by Liferay, Inc. and its affiliates ("Liferay"). You acknowledge and agree that the Marketplace may change over time at Liferay's sole discretion.
You acknowledge and agree that if Liferay disables access to your account and/or the Marketplace, you may be prevented from accessing your account details or any files or other content which is contained in your account or on the Marketplace.
As a condition to accessing parts of the Marketplace, you may be required to provide information about yourself (such as identification, contact, and billing details). You agree that any information you give to Liferay will always be accurate, correct, and up to date.
YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality and security of passwords associated with any account you use to access the Marketplace. You agree that you will be solely responsible to Liferay for all activities that occur on or through your account, and you agree to immediately notify Liferay of any security breach of your account. In short, don't give your password to anyone, especially strangers.
PRIVACY AND YOUR PERSONAL INFORMATION
By agreeing to these Terms, you also consent to the collection, use and disclosure of your personal information outlined in this section and in Liferay's Privacy Policy at http://www.liferay.com/about-us/privacy. We may collect certain data about your use of the Marketplace. In particular, we may access or disclose information about you, including the content of your communications, in order to comply with the law or respond to lawful requests or legal process, or as otherwise disclosed in our Privacy Policy, or as you may otherwise authorize. When you purchase, subscribe to, or use Apps (as defined in the "Usage Terms" below), some personal information, including your contact information will be sent to the respective Application Licensors to help them prevent fraud, to support the transactions contemplated in connection with the distribution of the Apps to you and to fulfill any obligations towards you resulting from such transactions (e.g. support of the App) and as otherwise described in the privacy notices provided by the Application Provider to you. Application Providers are prohibited from using the information for other purposes without your consent. If you choose to make a purchase or sign up for paid services, we or our third party payment processor will ask for additional information, such as your payment card number and billing address, which is used to process your payment and effect the transaction and delivery.
Information that is collected by or sent to Liferay may be stored and processed in the United States or any other country in which Liferay or its affiliates, subsidiaries or service providers maintain facilities. You consent to any such transfer of information outside of your country. Liferay abides by the Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union, the European Economic Area and Switzerland. If you collect, store, or otherwise process personal information using the Marketplace, you must comply with all applicable privacy and data protection laws.
When you interact directly with third party web sites, including but in no way limited to Liferay's third party payment processor, you may be asked to provide personal data or submit to different requirements, policies and rules regarding the use of such sites including as to the collection of personal data. You should be aware when leaving the Marketplace or interacting directly with third parties, that those entities may treat your personal data differently than Liferay. You should review their respective privacy policies and terms of use.
For additional information about Liferay's data protection practices, please read Liferay's Privacy Policy at http://www.liferay.com/about-us/privacy.
USAGE TERMS
The following terms below constitute the rules of usage ("Usage Rules") established by Liferay and those who make software and other products available through the Marketplace ("Application Licensors"). Usage Rules may be controlled and monitored by Liferay for compliance purposes, and Liferay reserves the right to enforce the Usage Rules without notice to you.
(i) You acknowledge that the software or other products made available through the Marketplace ("Apps") may contain security functionality that enforces the licenses afforded to you as part of your purchase of the Apps and you agree to use the Apps in compliance with the terms established by Liferay and its Application Licensors. You further agree not to (and not to attempt to and not to assist another person to) violate, circumvent, reverse-engineer, decompile, disassemble, remove, or otherwise tamper with any of the said security functionality present in the App for any reason.
(ii) You agree to use the Marketplace only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
(iii) You agree not to access (and not to attempt to access and not to assist another person to access) any part of the Marketplace by any means other than through the interface or software that is provided by Liferay. You specifically agree not to access (and not to attempt to access and not to assist another person to access) any part of the Marketplace through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Marketplace.
(iv) You agree that you will not engage in any activity that interferes with or disrupts the Marketplace (or the servers and networks which are connected to the Marketplace).
(v) You agree that you will not reproduce, duplicate, copy, sell, trade or resell any portion of the Marketplace for any purpose without the prior written consent of Liferay.
(vi) You agree that you are solely responsible for (and that Liferay has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Liferay may suffer) of any such breach.
(vii) You shall not access (or attempt to access or assist another person to access) any Marketplace account that you are not authorized to access and you shall not access (or attempt to access or assist another person to access) the Marketplace in an unauthorized manner.
Generally speaking, we are good people so please don't hack the Marketplace. If you do, we'll need to kick you out and you don't want that (and we don't want to do it either).
CONTENT IN THE MARKETPLACE
You understand that all information, including, but not limited to, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, which you may have access to as part of, or through your use of, the Marketplace (collectively, "Content") is the sole responsibility of the person from which such Content originated.
You should be aware that Content presented to you as part of the Marketplace, including, but not limited to advertisements in the Marketplace and sponsored Content within the Marketplace, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Liferay (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Liferay or by the owners of that Content, in a separate written agreement.
Liferay reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Marketplace.
You agree that you are solely responsible for (and that Liferay has no responsibility to you or to any third party for) any Content that you create, transmit, submit, post or display on, through or while using the Marketplace ("Your Content") and for the consequences of your actions (including any loss or damage which Liferay may suffer) by doing so.
OTHER CONTENT
The Marketplace may include hyperlinks to other web sites, content or resources, in each case provided by companies or persons other than Liferay and that Liferay has no control over (collectively, "Other Content").
You acknowledge and agree that Liferay is not responsible for the availability of any Other Content, and does not endorse any advertising, products or other materials on, or available from the owners or providers of, such Other Content.
You acknowledge and agree that Liferay is not liable for any loss or damage which may be incurred by you as a result of the availability of such Other Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from the owners or providers of, such Other Content.
Your use of any Other Content may be subject to separate terms between you and the company or person concerned. If so, and in any event, these Terms do not affect your legal relationship with these other companies or individuals with respect to the Other Content.
LIFERAY MARKS
Liferay, the Liferay logo, and other Liferay trademarks, service marks, graphics, and logos used in connection with the Marketplace are trademarks or registered trademarks of Liferay. Unless otherwise agreed to in writing with Liferay, you do not have a right to use any of Liferay's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree that in using the Marketplace, you will not use any trademark, service mark, trade name, logo, domain name or other distinctive brand features of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, logos or other distinctive brand features.
You acknowledge and agree that Liferay (or Liferay's licensors) own all legal right, title and interest in and to the Marketplace, including any intellectual property rights which subsist in the Marketplace, whether those rights happen to be registered or not, and wherever in the world those rights may exist. You further acknowledge and agree that the Marketplace may contain information which is designated confidential by Liferay and that you shall not disclose such information without Liferay's prior written consent.
Liferay acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Marketplace, including any intellectual property rights which subsist in that Content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. You agree that you are responsible for protecting and enforcing those rights and that Liferay has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Marketplace.
Notwithstanding any other provision of these Terms to the contrary, Liferay and its licensors reserve the right to change, suspend, remove, or disable access to any Apps, content, or other materials comprising a part of the Marketplace at any time, without notice, and in Liferay's sole discretion. Liferay also reserves the right to impose limits on the use of, or access to, certain features or portions of the Marketplace, at any time, without notice, and in Liferay's sole discretion. In no event will Liferay be liable for exercising the rights described in this paragraph.
CONTACT LICENSE
You retain copyright and any other rights you already hold in Your Content. You give Liferay a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute Your Content.
You agree that this license includes a right for Liferay to make Your Content available to other companies, organizations or individuals with whom Liferay has relationships for the provision of services, and to use Your Content in connection with the provision of those services.
You understand that Liferay, in the course of providing the Marketplace to our users, may (i) transmit or distribute Your Content over various public networks and in various media; and (ii) make such changes to Your Content as are necessary or reasonable to conform and adapt Your Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Liferay to take these actions.
You confirm and warrant to Liferay that you have all the rights, power and authority necessary to grant the above license.
OFFENSIVE MATERIAL
In using the Marketplace, you agree to use it at your sole risk and acknowledge that you may come across material that you may deem to be offensive, indecent, or objectionable, and that such material may or may not be identified as explicit. We hope you can trust that we're not in the business of encouraging such behavior and that we generally don't like seeing this sort of stuff either. If you feel so compelled, you are more than welcome to explore other commercially available services and software to protect your gentle mind.
AUTOMATIC UPDATES
Apps may automatically communicate with Liferay's servers from time to time to check for available updates to such Apps, including, but not limited to, bug fixes, patches, enhanced functionality, and new versions (collectively, "Updates"). By installing an App, you agree that such App may automatically check for such Updates.
PREVIOUS PURCHASES
You are encouraged to download and back up the App upon purchase. Apps that have been previously purchased by you may not be available for download at a later time, and Liferay shall have no liability to you in such event. It is your responsibility to not lose, destroy, or damage the App once you have downloaded it.
TERMINATION
If you fail, or Liferay, in its sole discretion, suspects that you have failed, to comply with any of the provisions of these Terms, Liferay, in its sole discretion and without notice may: (i) terminate these Terms and/or your account, in which case you will remain liable for all amounts due under your account up to and including the date of termination; (ii) terminate any or all licenses you have received from Liferay related to these Terms, the Marketplace or any App; and/or (iii) suspend your access to the Marketplace (or any part thereof).
When these Terms cease, all of the legal rights, obligations and liabilities that you and Liferay have benefitted from, been subject to, or which have accrued over time, or which are expressed to continue indefinitely, shall be unaffected by such cessation, and the provisions in these Terms regarding applicable law and venue selection shall continue to apply to such rights, obligations and liabilities indefinitely.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless, to the maximum extent permitted by law, Liferay, its directors, officers, employees, affiliates, contractors, principals, licensors and agents from and against all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including attorneys' fees) arising out of or accruing from your use of the Marketplace, including your purchase, download, installation or use of any Apps, or your violation of these Terms.
DISCLAIMER OF WARRANTIES
LIFERAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MARKETPLACE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU AGREE THAT LIFERAY, AT ANY TIME AND IN ITS SOLE DISCRETION, MAY REMOVE THE MARKETPLACE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE MARKETPLACE ENTIRELY, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MARKETPLACE IS AT YOUR SOLE RISK AND THAT THE MARKETPLACE AND ALL APPS ARE (EXCEPT AS EXPRESSLY STATED BY LIFERAY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIFERAY DOES NOT REPRESENT THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE MARKETPLACE WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY MATERIAL PROVIDED TO YOU AS PART OF THE MARKETPLACE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MARKETPLACE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFERAY OR THROUGH OR FROM THE MARKETPLACE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIFERAY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE MARKETPLACE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LIFERAY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
LIFERAY DOES NOT REPRESENT OR GUARANTEE THAT THE MARKETPLACE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LIFERAY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY APPS PURCHASED FROM THE MARKETPLACE.
LIMITATION OF LIABILITY
IN NO CASE SHALL LIFERAY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE MARKETPLACE, ANY APPS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MARKETPLACE OR ANY APPS, INCLUDING, BUT NOT LIMITED TO, (I) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (II) THE DELAY OR INABILITY TO USE THE MARKETPLACE, APPS, OR RELATED SERVICES, OR (III) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR APP POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKETPLACE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIFERAY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIFERAY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE LIMITATIONS ON LIFERAY'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT LIFERAY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
COPYRIGHT
Liferay respects the intellectual property rights of others. Therefore, it is Liferay's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to (i) block access to material that is deemed, in good faith, to be infringing on another's intellectual property rights; and (ii) terminate the accounts of users who violate others' intellectual property rights. If you believe that your, or another user's, intellectual property has been copied such that it constitutes infringement, please provide Liferay with the information requested in Liferay's Copyright Policy: http://www.liferay.com/legal/copyright.
ADVERTISEMENTS
The Marketplace may display featured Apps, advertisements, or promotions. The manner, mode and extent of advertising by Liferay on the Marketplace are subject to change without notice to you. In consideration for Liferay granting you access to and use of the Marketplace, you agree that Liferay may place such advertising on the Marketplace.
NO REFUNDS
All sales of Apps are final and you shall not be entitled to a refund for any reason. Notwithstanding the foregoing, Liferay may, in its sole discretion, issue refunds if technical problems prevent or unreasonably delay the delivery of the App or if authorized by the applicable licensor (whether Liferay or other Application Licensors).
MODIFICATION OF TERMS
Liferay reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms at any time, which shall take effect and be incorporated into the Terms no sooner than fourteen (14) days after such modifications are posted, unless a change is made for a legal reason, in which case it will be effective immediately. Liferay will post notice of any modification to these Terms to this page, but it is your responsibility to check this page periodically for changes and notices of changes. Your continued use of the Marketplace following the posting of changes will mean that you accept and agree to the changes.
MISCELLANEOUS
These Terms constitute the whole legal agreement between you and Liferay and govern your use of the Marketplace (but excluding any services which Liferay may provide to you under a separate written agreement), and completely replace any prior agreements between you and Liferay in relation to the Marketplace.
You agree that Liferay may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Marketplace. In the event that an email notice is sent, twenty-four (24) hours following sending, you will be deemed to have received any email notice sent to the email address provided by you in connection with your account.
You agree that if Liferay does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Liferay has the benefit of under any applicable law), this will not be taken to be a formal waiver of Liferay's rights and those rights or remedies will still be available to Liferay.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then such provision will be removed from the Terms (to the extent necessary, for the time necessary, and with respect to the parties necessary) without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each of Liferay, Inc.'s affiliates shall be third party beneficiaries to these Terms and that such affiliates shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) such affiliate. Other than this, no other person or company shall be a third party beneficiary of these Terms.
You agree that the rights granted and responsibilities and obligations undertaken by these Terms may not be assigned or transferred by you without the prior written approval of Liferay.
These Terms, and your relationship with Liferay under these Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Liferay agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from these Terms. Notwithstanding the immediately preceding sentence, you agree that Liferay shall still be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Liferay reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Liferay has the right, without liability to you, to disclose any data provided by you during the registration process and/or account information to law enforcement authorities, government officials, and/or third parties, as Liferay believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Liferay's right to cooperate with any legal process relating to your use of Apps, and/or a third-party claims that your use of the Apps is unlawful and/or infringes such third party's rights).
LICENSE OF APPS
Apps are licensed, not sold, to you. There are two (2) categories of Apps: (i) those that have been developed, and are licensed to you, by Liferay ("Liferay Apps") and (ii) those that have been developed, and are licensed to you, by a non-Liferay Application Licensor ("Third-Party Apps").
Your license to each App is subject to the App's end user license agreement. In the event that the Application Licensor of any App supplies its own end user license agreement with respect to such App, you agree that the terms of the Application Licensor's end user license agreement will apply to that App. The Application Licensor reserves all rights in and to the App not expressly granted to you.
You acknowledge that the license to each Liferay App that you obtain through the Marketplace is a binding agreement between you and Liferay. You further acknowledge that, with respect to each Third-Party App you obtain through the Marketplace: (i) you are acquiring the license to such App from the Application Licensor; (ii) Liferay is acting as agent for such Application Licensor in providing each such App to you; and (iii) Liferay is not a party to the license between you and such Application Licensor with respect to such App. The Application Licensor of each Third-Party App is solely responsible for such Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Third-Party App.
Some components of both Liferay Apps and Third-Party Apps may also be governed by applicable open source software licenses. In the event of a conflict between these Terms and any such licenses, the open source software licenses shall prevail with respect to those components.
You acknowledge and agree that Liferay is a third-party beneficiary of the default end user license agreement or the Application Licensor's end user license agreement, as the case may be. You also agree that, upon your acceptance of the terms and conditions of the license to any Third-Party App, Liferay will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.
APP MAINTENANCE AND SUPPORT
Liferay will be responsible for providing any maintenance and support services with respect to the Liferay Apps only, and only as specified in the applicable Liferay App's end user license agreement or as required under applicable law. The Application Licensor of any Third-Party App will be solely responsible for providing maintenance and support services with respect to the Third-Party Apps of such Application Licensor, as specified in the applicable Third-Party App's end user license agreement or as required under applicable law.
Permission is hereby granted by the authors of this software, to any
person, to use the software for any purpose, free of charge, including
the rights to run, read, copy, change, distribute and sell it, and
including usage rights to any patents the authors may hold on it,
subject to the following conditions:
This license, or a link to its text, must be included with all copies
of the software and any derivative works.
Any modification to the software submitted to the authors may be
incorporated into the software under the terms of this license.
The software is provided "as is", without warranty of any kind,
including but not limited to the warranties of title, fitness,
merchantability and non-infringement. The authors have no obligation
to provide support or updates for the software, and may not be held
liable for any damages, claims or other liability arising from its
use.
Licence Libre du Québec – Permissive (LiLiQ-P)
Version 1.1
1. Préambule
Cette licence s'applique à tout logiciel distribué dont le titulaire du droit d'auteur précise qu'il est sujet aux termes de la Licence Libre du Québec – Permissive (LiLiQ-P) (ci-après appelée la « licence »).
2. Définitions
Dans la présente licence, à moins que le contexte n'indique un sens différent, on entend par:
« concédant » : le titulaire du droit d'auteur sur le logiciel, ou toute personne dûment autorisée par ce dernier à accorder la présente licence;
« contributeur » : le titulaire du droit d'auteur ou toute personne autorisée par ce dernier à soumettre au concédant une contribution. Un contributeur dont sa contribution est incorporée au logiciel est considéré comme un concédant en regard de sa contribution;
« contribution » : tout logiciel original, ou partie de logiciel original soumis et destiné à être incorporé dans le logiciel;
« distribution » : le fait de délivrer une copie du logiciel;
« licencié » : toute personne qui possède une copie du logiciel et qui exerce les droits concédés par la licence;
« logiciel » : une œuvre protégée par le droit d'auteur, telle qu'un programme d'ordinateur et sa documentation, pour laquelle le titulaire du droit d'auteur a précisé qu'elle est sujette aux termes de la présente licence;
« logiciel dérivé » : tout logiciel original réalisé par un licencié, autre que le logiciel ou un logiciel modifié, qui produit ou reproduit la totalité ou une partie importante du logiciel;
« logiciel modifié » : toute modification par un licencié de l'un des fichiers source du logiciel ou encore tout nouveau fichier source qui incorpore le logiciel ou une partie importante de ce dernier.
3. Licence de droit d'auteur
Sous réserve des termes de la licence, le concédant accorde au licencié une licence non exclusive et libre de redevances lui permettant d’exercer les droits suivants sur le logiciel :
1 Produire ou reproduire la totalité ou une partie importante;
2 Exécuter ou représenter la totalité ou une partie importante en public;
3 Publier la totalité ou une partie importante;
4 Sous-licencier sous une autre licence libre, approuvée ou certifiée par la Free Software Foundation ou l'Open Source Initiative.
Cette licence est accordée sans limite territoriale et sans limite de temps.
L'exercice complet de ces droits est sujet à la distribution par le concédant du code source du logiciel, lequel doit être sous une forme permettant d'y apporter des modifications. Le concédant peut aussi distribuer le logiciel accompagné d'une offre de distribuer le code source du logiciel, sans frais supplémentaires, autres que ceux raisonnables afin de permettre la livraison du code source. Cette offre doit être valide pendant une durée raisonnable.
4. Distribution
Le licencié peut distribuer des copies du logiciel, d'un logiciel modifié ou dérivé, sous réserve de respecter les conditions suivantes :
1 Le logiciel doit être accompagné d'un exemplaire de cette licence;
2 Si le logiciel a été modifié, le licencié doit en faire la mention, de préférence dans chacun des fichiers modifiés dont la nature permet une telle mention;
3 Les étiquettes ou mentions faisant état des droits d'auteur, des marques de commerce, des garanties ou de la paternité concernant le logiciel ne doivent pas être modifiées ou supprimées, à moins que ces étiquettes ou mentions ne soient inapplicables à un logiciel modifié ou dérivé donné.
5. Contributions
Sous réserve d'une entente distincte, toute contribution soumise par un contributeur au concédant pour inclusion dans le logiciel sera soumise aux termes de cette licence.
6. Marques de commerce
La licence n'accorde aucune permission particulière qui permettrait d'utiliser les marques de commerce du concédant, autre que celle requise permettant d'identifier la provenance du logiciel.
7. Garanties
Sauf mention contraire, le concédant distribue le logiciel sans aucune garantie, aux risques et périls de l'acquéreur de la copie du logiciel, et ce, sans assurer que le logiciel puisse répondre à un besoin particulier ou puisse donner un résultat quelconque.
Sans lier le concédant d'une quelconque manière, rien n'empêche un licencié d'offrir ou d'exclure des garanties ou du support.
8. Responsabilité
Le licencié est responsable de tout préjudice résultant de l'exercice des droits accordés par la licence.
Le concédant ne saurait être tenu responsable de dommages subis par le licencié ou par des tiers, pour quelque cause que ce soit en lien avec la licence et les droits qui y sont accordés.
9. Résiliation
La présente licence est automatiquement résiliée dès que les droits qui y sont accordés ne sont pas exercés conformément aux termes qui y sont stipulés.
Toutefois, si le défaut est corrigé dans un délai de 30 jours de sa prise de connaissance par la personne en défaut, et qu'il s'agit du premier défaut, la licence est accordée de nouveau.
Pour tout défaut subséquent, le consentement exprès du concédant est nécessaire afin que la licence soit accordée de nouveau.
10. Version de la licence
Le Centre de services partagés du Québec, ses ayants cause ou toute personne qu'il désigne, peuvent diffuser des versions révisées ou modifiées de cette licence. Chaque version recevra un numéro unique. Si un logiciel est déjà soumis aux termes d'une version spécifique, c'est seulement cette version qui liera les parties à la licence.
Le concédant peut aussi choisir de concéder la licence sous la version actuelle ou toute version ultérieure, auquel cas le licencié peut choisir sous quelle version la licence lui est accordée.
11. Divers
Dans la mesure où le concédant est un ministère, un organisme public ou une personne morale de droit public, créés en vertu d'une loi de l'Assemblée nationale du Québec, la licence est régie par le droit applicable au Québec et en cas de contestation, les tribunaux du Québec seront seuls compétents.
La présente licence peut être distribuée sans conditions particulières. Toutefois, une version modifiée doit être distribuée sous un nom différent. Toute référence au Centre de services partagés du Québec, et, le cas échéant, ses ayant cause, doit être retirée, autre que celle permettant d'identifier la provenance de la licence.
Licence Libre du Québec – Réciprocité (LiLiQ-R)
Version 1.1
1. Préambule
Cette licence s'applique à tout logiciel distribué dont le titulaire du droit d'auteur précise qu'il est sujet aux termes de la Licence Libre du Québec – Réciprocité (LiLiQ-R) (ci-après appelée la « licence »).
2. Définitions
Dans la présente licence, à moins que le contexte n'indique un sens différent, on entend par:
« concédant » : le titulaire du droit d'auteur sur le logiciel, ou toute personne dûment autorisée par ce dernier à accorder la présente licence;
« contributeur » : le titulaire du droit d'auteur ou toute personne autorisée par ce dernier à soumettre au concédant une contribution. Un contributeur dont sa contribution est incorporée au logiciel est considéré comme un concédant en regard de sa contribution;
« contribution » : tout logiciel original, ou partie de logiciel original soumis et destiné à être incorporé dans le logiciel;
« distribution » : le fait de délivrer une copie du logiciel;
« licencié » : toute personne qui possède une copie du logiciel et qui exerce les droits concédés par la licence;
« logiciel » : une œuvre protégée par le droit d'auteur, telle qu'un programme d'ordinateur et sa documentation, pour laquelle le titulaire du droit d'auteur a précisé qu'elle est sujette aux termes de la présente licence;
« logiciel dérivé » : tout logiciel original réalisé par un licencié, autre que le logiciel ou un logiciel modifié, qui produit ou reproduit la totalité ou une partie importante du logiciel;
« logiciel modifié » : toute modification par un licencié de l'un des fichiers source du logiciel ou encore tout nouveau fichier source qui incorpore le logiciel ou une partie importante de ce dernier.
3. Licence de droit d'auteur
Sous réserve des termes de la licence, le concédant accorde au licencié une licence non exclusive et libre de redevances lui permettant d’exercer les droits suivants sur le logiciel :
1 Produire ou reproduire la totalité ou une partie importante;
2 Exécuter ou représenter la totalité ou une partie importante en public;
3 Publier la totalité ou une partie importante.
Cette licence est accordée sans limite territoriale et sans limite de temps.
L'exercice complet de ces droits est sujet à la distribution par le concédant du code source du logiciel, lequel doit être sous une forme permettant d'y apporter des modifications. Le concédant peut aussi distribuer le logiciel accompagné d'une offre de distribuer le code source du logiciel, sans frais supplémentaires, autres que ceux raisonnables afin de permettre la livraison du code source. Cette offre doit être valide pendant une durée raisonnable.
4. Distribution
Le licencié peut distribuer des copies du logiciel, d'un logiciel modifié ou dérivé, sous réserve de respecter les conditions suivantes :
1 Le logiciel doit être accompagné d'un exemplaire de cette licence;
2 Si le logiciel a été modifié, le licencié doit en faire la mention, de préférence dans chacun des fichiers modifiés dont la nature permet une telle mention;
3 Les étiquettes ou mentions faisant état des droits d'auteur, des marques de commerce, des garanties ou de la paternité concernant le logiciel ne doivent pas être modifiées ou supprimées, à moins que ces étiquettes ou mentions ne soient inapplicables à un logiciel modifié ou dérivé donné.
4.1. Réciprocité
Chaque fois que le licencié distribue le logiciel, le concédant offre au récipiendaire une concession sur le logiciel selon les termes de la présente licence. Le licencié doit offrir une concession selon les termes de la présente licence pour tout logiciel modifié qu'il distribue.
Chaque fois que le licencié distribue le logiciel ou un logiciel modifié, ce dernier doit assumer l'obligation d'en distribuer le code source, de la manière prévue au troisième alinéa de l'article 3.
4.2. Compatibilité
Dans la mesure où le licencié souhaite distribuer un logiciel modifié combiné à un logiciel assujetti à une licence compatible, mais dont il ne serait pas possible d'en respecter les termes, le concédant offre, en plus de la présente concession, une concession selon les termes de cette licence compatible.
Un licencié qui est titulaire exclusif du droit d'auteur sur le logiciel assujetti à une licence compatible ne peut pas se prévaloir de cette offre. Il en est de même pour toute autre personne dûment autorisée à sous-licencier par le titulaire exclusif du droit d'auteur sur le logiciel assujetti à une licence compatible.
Est considérée comme une licence compatible toute licence libre approuvée ou certifiée par la Free Software Foundation ou l'Open Source Initiative, dont le niveau de réciprocité est comparable ou supérieur à celui de la présente licence, sans toutefois être moindre, notamment :
1 Common Development and Distribution License (CDDL-1.0)
2 Common Public License Version 1.0 (CPL-1.0)
3 Contrat de licence de logiciel libre CeCILL, version 2.1 (CECILL-2.1)
4 Contrat de licence de logiciel libre CeCILL-C (CECILL-C)
5 Eclipse Public License - v 1.0 (EPL-1.0)
6 European Union Public License, version 1.1 (EUPL v. 1.1)
7 Licence Libre du Québec – Réciprocité forte version 1.1 (LiLiQ-R+ 1.1)
8 GNU General Public License Version 2 (GNU GPLv2)
9 GNU General Public License Version 3 (GNU GPLv3)
10 GNU Lesser General Public License Version 2.1 (GNU LGPLv2.1)
11 GNU Lesser General Public License Version 3 (GNU LGPLv3)
12 Mozilla Public License Version 2.0 (MPL-2.0)
5. Contributions
Sous réserve d'une entente distincte, toute contribution soumise par un contributeur au concédant pour inclusion dans le logiciel sera soumise aux termes de cette licence.
6. Marques de commerce
La licence n'accorde aucune permission particulière qui permettrait d'utiliser les marques de commerce du concédant, autre que celle requise permettant d'identifier la provenance du logiciel.
7. Garanties
Sauf mention contraire, le concédant distribue le logiciel sans aucune garantie, aux risques et périls de l'acquéreur de la copie du logiciel, et ce, sans assurer que le logiciel puisse répondre à un besoin particulier ou puisse donner un résultat quelconque.
Sans lier le concédant d'une quelconque manière, rien n'empêche un licencié d'offrir ou d'exclure des garanties ou du support.
8. Responsabilité
Le licencié est responsable de tout préjudice résultant de l'exercice des droits accordés par la licence.
Le concédant ne saurait être tenu responsable du préjudice subi par le licencié ou par des tiers, pour quelque cause que ce soit en lien avec la licence et les droits qui y sont accordés.
9. Résiliation
La présente licence est résiliée de plein droit dès que les droits qui y sont accordés ne sont pas exercés conformément aux termes qui y sont stipulés.
Toutefois, si le défaut est corrigé dans un délai de 30 jours de sa prise de connaissance par la personne en défaut, et qu'il s'agit du premier défaut, la licence est accordée de nouveau.
Pour tout défaut subséquent, le consentement exprès du concédant est nécessaire afin que la licence soit accordée de nouveau.
10. Version de la licence
Le Centre de services partagés du Québec, ses ayants cause ou toute personne qu'il désigne, peuvent diffuser des versions révisées ou modifiées de cette licence. Chaque version recevra un numéro unique. Si un logiciel est déjà soumis aux termes d'une version spécifique, c'est seulement cette version qui liera les parties à la licence.
Le concédant peut aussi choisir de concéder la licence sous la version actuelle ou toute version ultérieure, auquel cas le licencié peut choisir sous quelle version la licence lui est accordée.
11. Divers
Dans la mesure où le concédant est un ministère, un organisme public ou une personne morale de droit public, créés en vertu d'une loi de l'Assemblée nationale du Québec, la licence est régie par le droit applicable au Québec et en cas de contestation, les tribunaux du Québec seront seuls compétents.
La présente licence peut être distribuée sans conditions particulières. Toutefois, une version modifiée doit être distribuée sous un nom différent. Toute référence au Centre de services partagés du Québec, et, le cas échéant, ses ayant droit, doit être retirée, autre que celle permettant d'identifier la provenance de la licence.
Licence Libre du Québec – Réciprocité forte (LiLiQ-R+)
Version 1.1
1. Préambule
Cette licence s'applique à tout logiciel distribué dont le titulaire du droit d'auteur précise qu'il est sujet aux termes de la Licence Libre du Québec – Réciprocité forte (LiLiQ-R+) (ci-après appelée la « licence »).
2. Définitions
Dans la présente licence, à moins que le contexte n'indique un sens différent, on entend par:
« concédant » : le titulaire du droit d'auteur sur le logiciel, ou toute personne dûment autorisée par ce dernier à accorder la présente licence;
« contributeur » : le titulaire du droit d'auteur ou toute personne autorisée par ce dernier à soumettre au concédant une contribution. Un contributeur dont sa contribution est incorporée au logiciel est considéré comme un concédant en regard de sa contribution;
« contribution » : tout logiciel original, ou partie de logiciel original soumis et destiné à être incorporé dans le logiciel;
« distribution » : le fait de délivrer une copie du logiciel;
« licencié » : toute personne qui possède une copie du logiciel et qui exerce les droits concédés par la licence;
« logiciel » : une œuvre protégée par le droit d'auteur, telle qu'un programme d'ordinateur et sa documentation, pour laquelle le titulaire du droit d'auteur a précisé qu'elle est sujette aux termes de la présente licence;
« logiciel dérivé » : tout logiciel original réalisé par un licencié, autre que le logiciel ou un logiciel modifié, qui produit ou reproduit la totalité ou une partie importante du logiciel;
« logiciel modifié » : toute modification par un licencié de l'un des fichiers source du logiciel ou encore tout nouveau fichier source qui incorpore le logiciel ou une partie importante de ce dernier.
3. Licence de droit d'auteur
Sous réserve des termes de la licence, le concédant accorde au licencié une licence non exclusive et libre de redevances lui permettant d’exercer les droits suivants sur le logiciel :
1 Produire ou reproduire la totalité ou une partie importante;
2 Exécuter ou représenter la totalité ou une partie importante en public;
3 Publier la totalité ou une partie importante.
Cette licence est accordée sans limite territoriale et sans limite de temps.
L'exercice complet de ces droits est sujet à la distribution par le concédant du code source du logiciel, lequel doit être sous une forme permettant d'y apporter des modifications. Le concédant peut aussi distribuer le logiciel accompagné d'une offre de distribuer le code source du logiciel, sans frais supplémentaires, autres que ceux raisonnables afin de permettre la livraison du code source. Cette offre doit être valide pendant une durée raisonnable.
4. Distribution
Le licencié peut distribuer des copies du logiciel, d'un logiciel modifié ou dérivé, sous réserve de respecter les conditions suivantes :
1 Le logiciel doit être accompagné d'un exemplaire de cette licence;
2 Si le logiciel a été modifié, le licencié doit en faire la mention, de préférence dans chacun des fichiers modifiés dont la nature permet une telle mention;
3 Les étiquettes ou mentions faisant état des droits d'auteur, des marques de commerce, des garanties ou de la paternité concernant le logiciel ne doivent pas être modifiées ou supprimées, à moins que ces étiquettes ou mentions ne soient inapplicables à un logiciel modifié ou dérivé donné.
4.1. Réciprocité
Chaque fois que le licencié distribue le logiciel, le concédant offre au récipiendaire une concession sur le logiciel selon les termes de la présente licence. Le licencié doit offrir une concession selon les termes de la présente licence pour tout logiciel modifié ou dérivé qu'il distribue.
Chaque fois que le licencié distribue le logiciel, un logiciel modifié, ou un logiciel dérivé, ce dernier doit assumer l'obligation d'en distribuer le code source, de la manière prévue au troisième alinéa de l'article 3.
4.2. Compatibilité
Dans la mesure où le licencié souhaite distribuer un logiciel modifié ou dérivé combiné à un logiciel assujetti à une licence compatible, mais dont il ne serait pas possible d'en respecter les termes, le concédant offre, en plus de la présente concession, une concession selon les termes de cette licence compatible.
Un licencié qui est titulaire exclusif du droit d'auteur sur le logiciel assujetti à une licence compatible ne peut pas se prévaloir de cette offre. Il en est de même pour toute autre personne dûment autorisée à sous-licencier par le titulaire exclusif du droit d'auteur sur le logiciel assujetti à une licence compatible.
Est considérée comme une licence compatible toute licence libre approuvée ou certifiée par la Free Software Foundation ou l'Open Source Initiative, dont le niveau de réciprocité est comparable à celui de la présente licence, sans toutefois être moindre, notamment :
1 Common Public License Version 1.0 (CPL-1.0)
2 Contrat de licence de logiciel libre CeCILL, version 2.1 (CECILL-2.1)
3 Eclipse Public License - v 1.0 (EPL-1.0)
4 European Union Public License, version 1.1 (EUPL v. 1.1)
5 GNU General Public License Version 2 (GNU GPLv2)
6 GNU General Public License Version 3 (GNU GPLv3)
5. Contributions
Sous réserve d'une entente distincte, toute contribution soumise par un contributeur au concédant pour inclusion dans le logiciel sera soumise aux termes de cette licence.
6. Marques de commerce
La licence n'accorde aucune permission particulière qui permettrait d'utiliser les marques de commerce du concédant, autre que celle requise permettant d'identifier la provenance du logiciel.
7. Garanties
Sauf mention contraire, le concédant distribue le logiciel sans aucune garantie, aux risques et périls de l'acquéreur de la copie du logiciel, et ce, sans assurer que le logiciel puisse répondre à un besoin particulier ou puisse donner un résultat quelconque.
Sans lier le concédant d'une quelconque manière, rien n'empêche un licencié d'offrir ou d'exclure des garanties ou du support.
8. Responsabilité
Le licencié est responsable de tout préjudice résultant de l'exercice des droits accordés par la licence.
Le concédant ne saurait être tenu responsable du préjudice subi par le licencié ou par des tiers, pour quelque cause que ce soit en lien avec la licence et les droits qui y sont accordés.
9. Résiliation
La présente licence est résiliée de plein droit dès que les droits qui y sont accordés ne sont pas exercés conformément aux termes qui y sont stipulés.
Toutefois, si le défaut est corrigé dans un délai de 30 jours de sa prise de connaissance par la personne en défaut, et qu'il s'agit du premier défaut, la licence est accordée de nouveau.
Pour tout défaut subséquent, le consentement exprès du concédant est nécessaire afin que la licence soit accordée de nouveau.
10. Version de la licence
Le Centre de services partagés du Québec, ses ayants cause ou toute personne qu'il désigne, peuvent diffuser des versions révisées ou modifiées de cette licence. Chaque version recevra un numéro unique. Si un logiciel est déjà soumis aux termes d'une version spécifique, c'est seulement cette version qui liera les parties à la licence.
Le concédant peut aussi choisir de concéder la licence sous la version actuelle ou toute version ultérieure, auquel cas le licencié peut choisir sous quelle version la licence lui est accordée.
11. Divers
Dans la mesure où le concédant est un ministère, un organisme public ou une personne morale de droit public, créés en vertu d'une loi de l'Assemblée nationale du Québec, la licence est régie par le droit applicable au Québec et en cas de contestation, les tribunaux du Québec seront seuls compétents.
La présente licence peut être distribuée sans conditions particulières. Toutefois, une version modifiée doit être distribuée sous un nom différent. Toute référence au Centre de services partagés du Québec, et, le cas échéant, ses ayant cause, doit être retirée, autre que celle permettant d'identifier la provenance de la licence.
Redistribution and use in source and binary forms of parts of or the whole original
or derived work are permitted provided that the original work is properly attributed
to the author. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission. This work is
provided "as is" and without any express or implied warranties.
As a special exception, if you link this library with other files,
some of which are compiled with GCC, to produce an executable,
this library does not by itself cause the resulting executable to
be covered by the GNU General Public License. This exception does
not however invalidate any other reasons why the executable file
might be covered by the GNU General Public License.
As a special exception, if you link the code in this file with
files compiled with a GNU compiler to produce an executable,
that does not cause the resulting executable to be covered by
the GNU Lesser General Public License. This exception does not
however invalidate any other reasons why the executable file
might be covered by the GNU Lesser General Public License.
This exception applies to code released by its copyright holders
in files containing the exception.
Additional permission under the GNU Affero GPL version 3 section 7:
If you modify this Program, or any covered work, by linking or
combining it with other code, such other code is not for that reason
alone subject to any of the requirements of the GNU Affero GPL
version 3.
As a special exception, the copyright holders of this library give
you permission to link this library with independent modules to
produce an executable, regardless of the license terms of these
independent modules, and to copy and distribute the resulting
executable under terms of your choice, provided that you also meet,
for each linked independent module, the terms and conditions of the
license of that module. An independent module is a module which is
not derived from or based on this library. If you modify this library,
you may extend this exception to your version of the library, but
you are not obligated to do so. If you do not wish to do so, delete
this exception statement from your version.
As a special exception to the GNU Lesser General Public License version 3
("LGPL3"), the copyright holders of this Library give you permission to convey
to a third party a Combined Work that links statically or dynamically to this
Library without providing any Minimal Corresponding Source or Minimal
Application Code as set out in 4d or providing the installation information set
out in section 4e, provided that you comply with the other provisions of LGPL3
and provided that you meet, for the Application the terms and conditions of the
license(s) which apply to the Application.
Except as stated in this special exception, the provisions of LGPL3 will
continue to comply in full to this Library. If you modify this Library, you may
apply this exception to your version of this Library, but you are not obliged to
do so. If you do not wish to do so, delete this exception statement from your
version. This exception does not (and cannot) modify any license terms which
apply to the Application, with which you must still comply.
License Agreement for Font Software - Linotype EULA
Preamble:
This license agreement for Font Software becomes a legally binding contract between the licensee and Linotype GmbH when the licensee agrees to the Terms of Condition in an electronic delivery method or purchases the Font Software on a storage medium and opens the packaging containing the typefaces.
If the licensee refuses to accept a contractual obligation through this license agreement, he is not permitted to access, use or download the Font Software. The licensee should thoroughly and carefully read through the complete license agreement before agreeing to the conditions specified here.
Article 1 - License and Usage Rights
1.1 The Font Software underlying this contractual agreement is the intellectual property of Linotype GmbH.
The term "Font Software" includes any and all updates, upgrades, expansions, modified versions and working copies of the Font Software to which the licensee, i.e. a natural person and legal person or, within the scope of a legal person, a subsidiary with majority share, has accordingly been granted a license. The Font Software remains and shall remain, now and in the future, the property of Linotype GmbH.
1.2 Upon full payment of the agreed-upon usage fee, Linotype GmbH grants the licensee the non-exclusive, non-transferable right to simultaneously use or store the Font Software - provided said software has been released at time of delivery or upon payment made by the licensee - on a maximum of five (5) computers (workstations) at one single geographical location stipulated by the licensee and, if the Font Software is in the Embedded OpenType (EOT) format, use on no more than one (1) Non-Commercial Website.
"Non-Commercial Website" shall mean a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI) that includes a link to the Font Software (solely if such Font Software is in the EOT format) as a font resource for such Non-Commercial Website, but (1) which is only used for Personal or Internal Business Use for non-commercial purposes, (2) which contains domain locking or access control (or a similar mechanism) that prevents the unauthorized use of the Font Software by linking to it from other websites or web domains, and (3) which only allows visitors to such Non-Commercial Website to view and print (and not edit, alter, enhance or modify) any page contained at such Non-Commercial Website or any document located at such Non-Commercial Website. "Personal or Internal Business Use" shall mean use of the Font Software for your customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font Software or any component or derivative work thereof. "Personal or Internal Business Use" shall include (i) use, if the Font Software is in the EOT format, of the Font Software on a server that is permitted by this article 1 for a Non-Commercial Website and (ii) use of the Font Software within your Licensed Unit by persons that are members of your immediate household, your authorized employees, or your authorized agents. All such household members, employees and agents shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can use the Font Software.
In the event that extensions to the above-mentioned restriction become necessary, the licensee has to purchase an extended license (see form "Request for Additional Extended Licensing and Services").
The licensee may install the Font Software on a single file server for Use on a single local area network (LAN) only when the Use of such Font Software is limited to the Workstations and printers that are part of the licensed Unit of which the server is part.
For the purpose of determining the proper number of Workstations for which a license is needed, the following example is supplied for illustration purposes only: If there are 100 Workstations connected to the server, with no more than 15 Workstations either using this Font Software currently, but the Font Software will be used on 25 different Workstations at various points in time, a site license must be obtained creating a licensed unit for 25 workstations.
The Font Software may not be installed or used on a server that can be accessed via the Internet or other external network system (a system other than a LAN) by Workstations, which are not part of a licensed Unit unless the Font Software is in the EOT format and then such installation must be in compliance with the other terms of this Agreement. Fonts used with a server based application require a License Extension for Servers.
If the Font Software is intended to be used for commercial purposes, each individual license permits one additional usage (installation) on a personal home or portable computer.
For the exclusive purpose of data backup, additional backup copies of the Font Software can be made.
1.3 Transferring the license to a third party is essentially not permitted. By way of exception, the licensee is authorized to transfer the usage rights and license to a third party only upon compliance with all of the following conditions (see form "Font Software Transfer Deed"):
The third party has expressly declared to the licensee to strictly and unrestrictedly submit and adhere to the conditions of this license agreement for Font Software. In the event of transfer of the license to a third party, the licensee agrees and is obligated to refrain from further usage of the Font Software, and, regardless of where it is located, agrees and is obligated to delete said software and is not permitted to retain any copies, in whole or in part, of such.
1.4 For the exclusive purpose of outputting certain files, the licensee is permitted to transfer a copy of the Font Software which is used for creating the pertinent file to a commercial printer or another service company. In the event of any text modification, the service company is required to possess its own license. The licensee has to inform the commercial printer / service company about the content of this License Agreement.
1.5 Embedding of the Font Software into electronic documents or Internet pages is only permitted under the absolute assurance that the recipient cannot use the Font Software to edit or create a new document (read-only). It must be ensured that the Font Software cannot be fully or partially extracted from said documents.
1.6 The licensee may electronically distribute Font Software embedded in a document for Personal or Internal Business Use only when the Font Software embedded in such document is in a static graphic image (for example, a "gif") or an embedded electronic document, and is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document.
The licensee may not embed Font Software in a Commercial Product without a separate written license from Linotype GmbH, and the licensee may not embed Font Software in an electronic document or data file for any reason other than his own Personal or Internal Business Use.
1.7 If the licensee intends to edit or modify a document containing the embedded Font Software, a request must be made to Linotype GmbH. Linotype GmbH or an authorized sales and distribution partner will then conclude a License Extension for Font Embedding. This License Extension for Font Embedding is subject to an additional fee.
Article 2 - Exclusion of Other Usage
2.1 Subject to the provisions in subsections 1.3 and 1.4 of this agreement, selling, lending or otherwise transferring the Font Software to a third party or parties is strictly prohibited. In addition, transferring the Font Software as a component or sub-component of other products, e.g., electronic documents or sublicenses, to a third party or parties is also strictly prohibited.
2.2 Subject to the provisions in subsections 2.3 and 2.4 of this agreement, the following is prohibited: modifying the Font Software, merging it with other software programs, decompiling it, using modules from said software for one's own developments or using technical solutions contained in the Font Software for purposes other than operation on the licensee's own computers.
2.3 Exceptions to subsection 2.2 are only permitted provided they are essential to obtaining the necessary information for establishing interoperability of the software with other programs, and provided this information is neither published nor accessible in any other form and if the licensee is unable to obtain said information from Linotype GmbH or its authorized distributors or appointed agents. In this case, the licensee shall inform Linotype GmbH in writing as to which portions of the software the licensee is decompiling.
2.4 Except with respect to the conversion of the Font Software into the EOT format if Font Software is intended to be installed as a font resource on a Non-Commercial Website and only if such use is in compliance with the other terms of this Agreement, modifying the Font Software is prohibited, even in the event that it is necessary for fulfilling personal design requirements. If the licensee wants to make modifications other than an allowed conversion to EOT, consent and permission has to be obtained from Linotype GmbH. Non-compliance with this provision voids any and all support rights and warranties granted by Linotype GmbH and represents a violation and breach of this license agreement.
Furthermore, if the licensee or a third party or parties effect modifications to the Font Software despite the prohibition against such modifications, Linotype GmbH becomes the owner of that modified data.
Specifically, it is prohibited to change or modify the Font/Trademark names used as identifying tags in the Font Software in any form or manner. If such changes or modifications become necessary, prior written consent has to be obtained from Linotype GmbH.
Article 3 - Warranty and Liability
3.1 Upon receipt of the Font Software by the licensee, Linotype GmbH grants a 90-day warranty guaranteeing that the Font Software is essentially free from material defect in accordance with the documentation. To make a warranty claim, the licensee has to return the Font Software, including a copy of the sales receipt within the 90-day warranty period to the sales and distribution partner from which the licensee obtained it. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be limited to either, at Linotype GmbH's option, the replacement of the Software or the refund of the license fee that the licensee paid for the Software. Linotype GmbH and its authorized Linotype partner do not and cannot warrant the performance or results the licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Linotype GmbH's or its suppliers' breach of warranty. Except for the foregoing limited warranty, Linotype GmbH, its authorized Linotype partner, and its suppliers make no warranties, express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Linotype GmbH, its authorized Linotype partner, or its suppliers be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if Linotype GmbH has been advised of the possibility of such damages, or for any claim against the licensee by any third party seeking such damages even if Linotype GmbH has been advised of the possibility of such damages.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to the licensee. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the licensee. To the extent permitted by law, any implied warranties are limited to ninety (90) days.
Some jurisdictions do not permit a limitation of implied warranties where the product results in injury or death so that such limitations may not apply to the licensee. In those jurisdictions, the licensee agrees that Linotype GmbH's or its authorized Linotype partner or suppliers' liability for such injury or death shall not exceed One Hundred Thousand Euro (€ 100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives the licensee specific legal rights. The licensee may have other rights that vary from state to state or jurisdiction to jurisdiction. For further warranty information, the licensee should contact the authorized Linotype partners from which he received the Font Software and documentation.
3.2 The licensee agrees that the Font Software and documentation, and all copies thereof, are owned by Linotype GmbH; and its design, structure, organization and encoding are valuable property of Linotype GmbH and/or its suppliers. The licensee agrees that the Font Software and documentation are protected by German trademark and design patent laws, by the copyright and trademark laws of other countries, and by international treaties. In addition, the licensee agrees to treat the Font Software and documentation in the same manner corresponding to other copyrighted and trademark-protected products, e.g., books. With the exception of the points explicitly mentioned here, copying the Font Software and documentation is not permitted. Any and all copies that the licensee is permitted to produce on the basis of this agreement have to have to contain the same copyright, trademark and other property clauses as those on or contained in the Font Software and documentation. The licensee declares not to modify, adapt or translate the encoding of the Font Software, nor reproduce, decompile, disassemble, change, modify or otherwise attempt to reveal the source code of the Font Software. The licensee also agrees to use the Trademarks that are connected to the Font Software, accordingly to accept usage of the Trademarks (including the identification of the owner of the respective Trademark). Trademarks can be used solely for the purpose of identifying printed data from the Font Software.
The licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors, which can affect functionality and operation.
3.3 Claims exceeding the preceding warranty claims, e.g., compensation for idle time, loss of production, waste of material and other indirect damage, are explicitly excluded, provided said damage was not willfully or intentionally brought about or caused by gross negligence on the part of Linotype GmbH. Liability is not assumed insofar as the damage does not stem from a grossly negligent breach of duty by Linotype GmbH or is not caused by a willful, intentional or grossly negligent breach of duty on the part of one of Linotype GmbH's legal representatives or vicarious agents.
Article 4 - Termination of License Agreement
4.1 The license and usage right guaranteed under subsection 1.2 shall become immediately null and void in the event of a breach of this contract.
4.2 If the licensee or one of the licensee's employees breaches the agreed-upon license and right of use and/or property rights of Linotype GmbH, Linotype GmbH has the right to terminate the license and right of use, with termination taking immediate effect. Linotype GmbH reserves the explicit right to assert any further claims (specifically information, compensation for damages, etc.).
4.3 In the event of termination, the licensee is obligated to delete and return to Linotype GmbH the original Font Software affected by and pertaining to the termination, including documentation and all copies.
At the request of Linotype GmbH, the licensee is obligated to provide written assurance that said deletion has occurred.
Article 5 - Confidentiality Obligation
5.1 The licensee is obligated to undertake all necessary steps to prevent unauthorized access to the Font Software and to any copies of such.
5.2 If the licensee grants his or her employees or representatives access to the Font Software, the licensee has to specifically inform them of the content and conditions of the license provisions for the relevant Font Software and put said employees or representatives under the obligation of compliance with those provisions and conditions.
Article 6 - Final Provisions
6.1 This contract, including its attachments, which are a component of this contract, represents an agreement between the parties. Verbal collateral agreements do not exist. Any verbal agreements are only binding for Linotype GmbH if said verbal agreements have been acknowledged and confirmed in writing by Linotype GmbH.
6.2 Changes to this contract require written form. This also applies to changes to this written form clause.
6.3 Any and all disputes arising from, or in connection with, this contract as well as any dispute over the materialization of this contract are exclusively subject to the law of the Federal Republic of Germany. The rights and obligations of the parties arising from this contract are based on German law, even in the event that the exertion or breach of contractual rights takes place in a foreign country. Place of jurisdiction is Frankfurt/Main, Germany.
6.4 The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the parties.
6.5 This agreement is not governed by the "United Nation Convention on Contracts for the International Sale of Goods (CISG)".
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LLAMA 2 COMMUNITY LICENSE AGREEMENT
Llama 2 Version Release Date: July 18, 2023
"Agreement" means the terms and conditions for use, reproduction, distribution and
modification of the Llama Materials set forth herein.
"Documentation" means the specifications, manuals and documentation
accompanying Llama 2 distributed by Meta at ai.meta.com/resources/models-and-
libraries/llama-downloads/.
"Licensee" or "you" means you, or your employer or any other person or entity (if
you are entering into this Agreement on such person or entity's behalf), of the age
required under applicable laws, rules or regulations to provide legal consent and that
has legal authority to bind your employer or such other person or entity if you are
entering in this Agreement on their behalf.
"Llama 2" means the foundational large language models and software and
algorithms, including machine-learning model code, trained model weights,
inference-enabling code, training-enabling code, fine-tuning enabling code and other
elements of the foregoing distributed by Meta at ai.meta.com/resources/models-and-
libraries/llama-downloads/.
"Llama Materials" means, collectively, Meta's proprietary Llama 2 and
Documentation (and any portion thereof) made available under this Agreement.
"Meta" or "we" means Meta Platforms Ireland Limited (if you are located in or, if you
are an entity, your principal place of business is in the EEA or Switzerland) and Meta
Platforms, Inc. (if you are located outside of the EEA or Switzerland).
By clicking "I Accept" below or by using or distributing any portion or element of the
Llama Materials, you agree to be bound by this Agreement.
1. License Rights and Redistribution.
a. Grant of Rights. You are granted a non-exclusive, worldwide, non-
transferable and royalty-free limited license under Meta's intellectual property or
other rights owned by Meta embodied in the Llama Materials to use, reproduce,
distribute, copy, create derivative works of, and make modifications to the Llama
Materials.
b. Redistribution and Use.
i. If you distribute or make the Llama Materials, or any derivative works
thereof, available to a third party, you shall provide a copy of this Agreement to such
third party.
ii. If you receive Llama Materials, or any derivative works thereof, from
a Licensee as part of an integrated end user product, then Section 2 of this
Agreement will not apply to you.
iii. You must retain in all copies of the Llama Materials that you
distribute the following attribution notice within a "Notice" text file distributed as a
part of such copies: "Llama 2 is licensed under the LLAMA 2 Community License,
Copyright (c) Meta Platforms, Inc. All Rights Reserved."
iv. Your use of the Llama Materials must comply with applicable laws
and regulations (including trade compliance laws and regulations) and adhere to the
Acceptable Use Policy for the Llama Materials (available at
https://ai.meta.com/llama/use-policy), which is hereby incorporated by reference into
this Agreement.
v. You will not use the Llama Materials or any output or results of the
Llama Materials to improve any other large language model (excluding Llama 2 or
derivative works thereof).
2. Additional Commercial Terms. If, on the Llama 2 version release date, the
monthly active users of the products or services made available by or for Licensee,
or Licensee's affiliates, is greater than 700 million monthly active users in the
preceding calendar month, you must request a license from Meta, which Meta may
grant to you in its sole discretion, and you are not authorized to exercise any of the
rights under this Agreement unless or until Meta otherwise expressly grants you
such rights.
3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE
LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE
FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING
THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR
USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS.
4. Limitation of Liability. IN NO EVENT WILL META OR ITS AFFILIATES BE
LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS
AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN
IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF
ANY OF THE FOREGOING.
5. Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in
connection with the Llama Materials, neither Meta nor Licensee may use any name
or mark owned by or associated with the other or any of its affiliates, except as
required for reasonable and customary use in describing and redistributing the
Llama Materials.
b. Subject to Meta's ownership of Llama Materials and derivatives made by or
for Meta, with respect to any derivative works and modifications of the Llama
Materials that are made by you, as between you and Meta, you are and will be the
owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against Meta or any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the Llama
Materials or Llama 2 outputs or results, or any portion of any of the foregoing,
constitutes an infringement of intellectual property or other rights owned or licensable
by you, then any licenses granted to you under this Agreement shall terminate as of
the date such litigation or claim is filed or instituted. You will indemnify and hold
harmless Meta from and against any claim by any third party arising out of or related
to your use or distribution of the Llama Materials.
6. Term and Termination. The term of this Agreement will commence upon your
acceptance of this Agreement or access to the Llama Materials and will continue in
full force and effect until terminated in accordance with the terms and conditions
herein. Meta may terminate this Agreement if you are in breach of any term or
condition of this Agreement. Upon termination of this Agreement, you shall delete
and cease use of the Llama Materials. Sections 3, 4 and 7 shall survive the
termination of this Agreement.
7. Governing Law and Jurisdiction. This Agreement will be governed and
construed under the laws of the State of California without regard to choice of law
principles, and the UN Convention on Contracts for the International Sale of Goods
does not apply to this Agreement. The courts of California shall have exclusive
jurisdiction of any dispute arising out of this Agreement.
LLAMA 3.1 COMMUNITY LICENSE AGREEMENT
Llama 3.1 Version Release Date: July 23, 2024
“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Llama Materials set forth herein.
“Documentation” means the specifications, manuals and documentation accompanying Llama 3.1 distributed by Meta at https://llama.meta.com/doc/overview.
“Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.
“Llama 3.1” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by Meta at https://llama.meta.com/llama-downloads.
“Llama Materials” means, collectively, Meta’s proprietary Llama 3.1 and Documentation (and any portion thereof) made available under this Agreement.
“Meta” or “we” means Meta Platforms Ireland Limited (if you are located in or, if you are an entity, your principal place of business is in the EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside of the EEA or Switzerland).
By clicking “I Accept” below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement.
1. License Rights and Redistribution.
a. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Meta’s intellectual property or other rights owned by Meta embodied in the Llama Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Llama Materials.
b. Redistribution and Use.
i. If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation. If you use the Llama Materials or any outputs or results of the Llama Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name.
ii. If you receive Llama Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
iii. You must retain in all copies of the Llama Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Llama 3.1 is licensed under the Llama 3.1 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.”
iv. Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama Materials (available at https://llama.meta.com/llama3_1/use-policy), which is hereby incorporated by reference into this Agreement.
2. Additional Commercial Terms. If, on the Llama 3.1 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights.
3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS.
4. Limitation of Liability. IN NO EVENT WILL META OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
5. Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in connection with the Llama Materials, neither Meta nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Llama Materials or as set forth in this Section 5(a). Meta hereby grants you a license to use “Llama” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with Meta’s brand guidelines (currently accessible at https://about.meta.com/brand/resources/meta/company-brand/). All goodwill arising out of your use of the Mark will inure to the benefit of Meta.
b. Subject to Meta’s ownership of Llama Materials and derivatives made by or for Meta, with respect to any derivative works and modifications of the Llama Materials that are made by you, as between you and Meta, you are and will be the owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against Meta or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Llama Materials or Llama 3.1 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to your use or distribution of the Llama Materials.
6. Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Llama Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Meta may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Llama Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.
7. Governing Law and Jurisdiction. This Agreement will be governed and construed under the laws of the State of California without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
LLAMA 3.2 COMMUNITY LICENSE AGREEMENT
Llama 3.2 Version Release Date: September 25, 2024
“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Llama Materials set forth herein.
“Documentation” means the specifications, manuals and documentation accompanying Llama 3.2 distributed by Meta at https://www.llama.com/docs/overview.
“Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.
“Llama 3.2” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by Meta at https://www.llama.com/llama-downloads.
“Llama Materials” means, collectively, Meta’s proprietary Llama 3.2 and Documentation (and any portion thereof) made available under this Agreement.
“Meta” or “we” means Meta Platforms Ireland Limited (if you are located in or, if you are an entity, your principal place of business is in the EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside of the EEA or Switzerland).
By clicking “I Accept” below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement.
1. License Rights and Redistribution.
a. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Meta’s intellectual property or other rights owned by Meta embodied in the Llama Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Llama Materials.
b. Redistribution and Use.
i. If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation. If you use the Llama Materials or any outputs or results of the Llama Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name.
ii. If you receive Llama Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
iii. You must retain in all copies of the Llama Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Llama 3.2 is licensed under the Llama 3.2 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.”
iv. Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama Materials (available at https://www.llama.com/llama3_2/use-policy), which is hereby incorporated by reference into this Agreement.
2. Additional Commercial Terms. If, on the Llama 3.2 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights.
3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS.
4. Limitation of Liability. IN NO EVENT WILL META OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
5. Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in connection with the Llama Materials, neither Meta nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Llama Materials or as set forth in this Section 5(a). Meta hereby grants you a license to use “Llama” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with Meta’s brand guidelines (currently accessible at https://about.meta.com/brand/resources/meta/company-brand/). All goodwill arising out of your use of the Mark will inure to the benefit of Meta.
b. Subject to Meta’s ownership of Llama Materials and derivatives made by or for Meta, with respect to any derivative works and modifications of the Llama Materials that are made by you, as between you and Meta, you are and will be the owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against Meta or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Llama Materials or Llama 3.2 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to your use or distribution of the Llama Materials.
6. Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Llama Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Meta may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Llama Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.
7. Governing Law and Jurisdiction. This Agreement will be governed and construed under the laws of the State of California without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
**LLAMA 3.3 COMMUNITY LICENSE AGREEMENT**
Llama 3.3 Version Release Date: December 6, 2024
“**Agreement**” means the terms and conditions for use, reproduction, distribution and modification of the Llama Materials set forth herein.
“**Documentation**” means the specifications, manuals and documentation accompanying Llama 3.3 distributed by Meta at [https://www.llama.com/docs/overview](https://llama.com/docs/overview).
“**Licensee**” or “**you**” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.
“**Llama 3.3**” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by Meta at [https://www.llama.com/llama-downloads](https://www.llama.com/llama-downloads).
“**Llama Materials**” means, collectively, Meta’s proprietary Llama 3.3 and Documentation (and any portion thereof) made available under this Agreement.
“**Meta**” or “**we**” means Meta Platforms Ireland Limited (if you are located in or, if you are an entity, your principal place of business is in the EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside of the EEA or Switzerland).
By clicking “I Accept” below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement.
1\. **License Rights and Redistribution**.
a. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Meta’s intellectual property or other rights owned by Meta embodied in the Llama Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Llama Materials.
b. Redistribution and Use.
i. If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation. If you use the Llama Materials or any outputs or results of the Llama Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name.
ii. If you receive Llama Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
iii. You must retain in all copies of the Llama Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Llama 3.3 is licensed under the Llama 3.3 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.”
iv. Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama Materials (available at [https://www.llama.com/llama3\_3/use-policy](https://www.llama.com/llama3_3/use-policy)), which is hereby incorporated by reference into this Agreement.
2\. **Additional Commercial Terms**. If, on the Llama 3.3 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights.
3**. Disclaimer of Warranty**. UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS.
4\. **Limitation of Liability**. IN NO EVENT WILL META OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
5\. **Intellectual Property**.
a. No trademark licenses are granted under this Agreement, and in connection with the Llama Materials, neither Meta nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Llama Materials or as set forth in this Section 5(a). Meta hereby grants you a license to use “Llama” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with Meta’s brand guidelines (currently accessible at [https://about.meta.com/brand/resources/meta/company-brand/](https://about.meta.com/brand/resources/meta/company-brand/)[)](https://en.facebookbrand.com/). All goodwill arising out of your use of the Mark will inure to the benefit of Meta.
b. Subject to Meta’s ownership of Llama Materials and derivatives made by or for Meta, with respect to any derivative works and modifications of the Llama Materials that are made by you, as between you and Meta, you are and will be the owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against Meta or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Llama Materials or Llama 3.3 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to your use or distribution of the Llama Materials.
6\. **Term and Termination**. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Llama Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Meta may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Llama Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.
7\. **Governing Law and Jurisdiction**. This Agreement will be governed and construed under the laws of the State of California without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
LLAMA 4 COMMUNITY LICENSE AGREEMENT
Llama 4 Version Effective Date: April 5, 2025
“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Llama Materials set forth herein.
“Documentation” means the specifications, manuals and documentation accompanying Llama 4 distributed by Meta at https://www.llama.com/docs/overview.
“Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.
“Llama 4” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by Meta at https://www.llama.com/llama-downloads.
“Llama Materials” means, collectively, Meta’s proprietary Llama 4 and Documentation (and any portion thereof) made available under this Agreement.
“Meta” or “we” means Meta Platforms Ireland Limited (if you are located in or, if you are an entity, your principal place of business is in the EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside of the EEA or Switzerland).
By clicking “I Accept” below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement.
1. License Rights and Redistribution.
a. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Meta’s intellectual property or other rights owned by Meta embodied in the Llama Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Llama Materials.
b. Redistribution and Use.
i. If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation. If you use the Llama Materials or any outputs or results of the Llama Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name.
ii. If you receive Llama Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
iii. You must retain in all copies of the Llama Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Llama 4 is licensed under the Llama 4 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.”
iv. Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama Materials (available at https://www.llama.com/llama4/use-policy), which is hereby incorporated by reference into this Agreement.
2. Additional Commercial Terms. If, on the Llama 4 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights.
3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS.
4. Limitation of Liability. IN NO EVENT WILL META OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
5. Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in connection with the Llama Materials, neither Meta nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Llama Materials or as set forth in this Section 5(a). Meta hereby grants you a license to use “Llama” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with Meta’s brand guidelines (currently accessible at https://about.meta.com/brand/resources/meta/company-brand/). All goodwill arising out of your use of the Mark will inure to the benefit of Meta.
b. Subject to Meta’s ownership of Llama Materials and derivatives made by or for Meta, with respect to any derivative works and modifications of the Llama Materials that are made by you, as between you and Meta, you are and will be the owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against Meta or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Llama Materials or Llama 4 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to your use or distribution of the Llama Materials.
6. Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Llama Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Meta may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Llama Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.
7. Governing Law and Jurisdiction. This Agreement will be governed and construed under the laws of the State of California without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
Llama 4 Acceptable Use Policy
Meta is committed to promoting safe and fair use of its tools and features, including Llama 4. If you access or use Llama 4, you agree to this Acceptable Use Policy (“Policy”). The most recent copy of this policy can be found at https://www.llama.com/llama4/use-policy.
Prohibited Uses
We want everyone to use Llama 4 safely and responsibly. You agree you will not use, or allow others to use, Llama 4 to:
1. Violate the law or others’ rights, including to:
a. Engage in, promote, generate, contribute to, encourage, plan, incite, or further illegal or unlawful activity or content, such as:
i. Violence or terrorism
ii. Exploitation or harm to children, including the solicitation, creation, acquisition, or dissemination of child exploitative content or failure to report Child Sexual Abuse Material
iii. Human trafficking, exploitation, and sexual violence
iv. The illegal distribution of information or materials to minors, including obscene materials, or failure to employ legally required age-gating in connection with such information or materials.
v. Sexual solicitation
vi. Any other criminal activity
b. Engage in, promote, incite, or facilitate the harassment, abuse, threatening, or bullying of individuals or groups of individuals
c. Engage in, promote, incite, or facilitate discrimination or other unlawful or harmful conduct in the provision of employment, employment benefits, credit, housing, other economic benefits, or other essential goods and services
d. Engage in the unauthorized or unlicensed practice of any profession including, but not limited to, financial, legal, medical/health, or related professional practices
e. Collect, process, disclose, generate, or infer private or sensitive information about individuals, including information about individuals’ identity, health, or demographic information, unless you have obtained the right to do so in accordance with applicable law
f. Engage in or facilitate any action or generate any content that infringes, misappropriates, or otherwise violates any third-party rights, including the outputs or results of any products or services using the Llama Materials
g. Create, generate, or facilitate the creation of malicious code, malware, computer viruses or do anything else that could disable, overburden, interfere with or impair the proper working, integrity, operation or appearance of a website or computer system
h. Engage in any action, or facilitate any action, to intentionally circumvent or remove usage restrictions or other safety measures, or to enable functionality disabled by Meta
2. Engage in, promote, incite, facilitate, or assist in the planning or development of activities that present a risk of death or bodily harm to individuals, including use of Llama 4 related to the following:
a. Military, warfare, nuclear industries or applications, espionage, use for materials or activities that are subject to the International Traffic Arms Regulations (ITAR) maintained by the United States Department of State or to the U.S. Biological Weapons Anti-Terrorism Act of 1989 or the Chemical Weapons Convention Implementation Act of 1997
b. Guns and illegal weapons (including weapon development)
c. Illegal drugs and regulated/controlled substances
d. Operation of critical infrastructure, transportation technologies, or heavy machinery
e. Self-harm or harm to others, including suicide, cutting, and eating disorders
f. Any content intended to incite or promote violence, abuse, or any infliction of bodily harm to an individual
3. Intentionally deceive or mislead others, including use of Llama 4 related to the following:
a. Generating, promoting, or furthering fraud or the creation or promotion of disinformation
b. Generating, promoting, or furthering defamatory content, including the creation of defamatory statements, images, or other content
c. Generating, promoting, or further distributing spam
d. Impersonating another individual without consent, authorization, or legal right
e. Representing that the use of Llama 4 or outputs are human-generated
f. Generating or facilitating false online engagement, including fake reviews and other means of fake online engagement
4. Fail to appropriately disclose to end users any known dangers of your AI system
5. Interact with third party tools, models, or software designed to generate unlawful content or engage in unlawful or harmful conduct and/or represent that the outputs of such tools, models, or software are associated with Meta or Llama 4
With respect to any multimodal models included in Llama 4, the rights granted under Section 1(a) of the Llama 4 Community License Agreement are not being granted to you if you are an individual domiciled in, or a company with a principal place of business in, the European Union. This restriction does not apply to end users of a product or service that incorporates any such multimodal models.
Please report any violation of this Policy, software “bug,” or other problems that could lead to a violation of this Policy through one of the following means:
Reporting issues with the model: https://github.com/meta-llama/llama-models/issues/
Reporting risky content generated by the model: https://developers.facebook.com/llama_output_feedback
Reporting bugs and security concerns: https://facebook.com/whitehat/info/
Reporting violations of the Acceptable Use Policy or unlicensed uses of Llama: LlamaUseReport@meta.com
LLaMA LICENSE AGREEMENT
This License Agreement (as may be amended in accordance with this License Agreement, “License”), between you, or your employer or other entity (if you are entering into this agreement on behalf of your employer or other entity) (“Licensee” or “you”) and Meta Platforms, Inc. (“Meta” or “we”) applies to your use of any computer program, algorithm, source code, object code, or software that is made available by Meta under this License (“Software”) and any specifications, manuals, documentation, and other written information provided by Meta related to the Software (“Documentation”).
By clicking “I Accept” below or by using the Software, you agree to the terms of this License. If you do not agree to this License, then you do not have any rights to use the Software or Documentation (collectively, the “Software Products”), and you must immediately cease using the Software Products. If you are agreeing to be bound by the terms of this License on behalf of your employer or other entity, you represent and warrant to Meta that you have full legal authority to bind your employer or such entity to this License. If you do not have the requisite authority, you may not accept the License or access the Software Products on behalf of your employer or other entity.
1. LICENSE GRANT
a. Subject to your compliance with the Documentation and Sections 2, 3, and 5, Meta grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, royalty free and limited license under Meta’s copyright interests to reproduce, distribute, and create derivative works of the Software solely for your non-commercial research purposes. The foregoing license is personal to you, and you may not assign or sublicense this License or any other rights or obligations under this License without Meta’s prior written consent; any such assignment or sublicense will be void and will automatically and immediately terminate this License.
b. You may make a reasonable number of copies of the Documentation solely for use in connection with the license to the Software granted above.
c. The grant of rights expressly set forth in this Section 1 (License Grant) are the complete grant of rights to you in the Software Products, and no other licenses are granted, whether by waiver, estoppel, implication, equity or otherwise. Meta and its licensors reserve all rights not expressly granted by this License.
2. RESTRICTIONS
You will not, and will not permit, assist or cause any third party to:
a. use, modify, copy, reproduce, create derivative works of, or distribute the Software Products (or any derivative works thereof, works incorporating the Software Products, or any data produced by the Software), in whole or in part, for (i) any commercial or production purposes, (ii) military purposes or in the service of nuclear technology, (iii) purposes of surveillance, including any research or development relating to surveillance, (iv) biometric processing, (v) in any manner that infringes, misappropriates, or otherwise violates any third-party rights, or (vi) in any manner that violates any applicable law and violating any privacy or security laws, rules, regulations, directives, or governmental requirements (including the General Data Privacy Regulation (Regulation (EU) 2016/679), the California Consumer Privacy Act, and any and all laws governing the processing of biometric information), as well as all amendments and successor laws to any of the foregoing;
b. alter or remove copyright and other proprietary notices which appear on or in the Software Products;
c. utilize any equipment, device, software, or other means to circumvent or remove any security or protection used by Meta in connection with the Software, or to circumvent or remove any usage restrictions, or to enable functionality disabled by Meta; or
d. offer or impose any terms on the Software Products that alter, restrict, or are inconsistent with the terms of this License.
e. 1) violate any applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”); 2) directly or indirectly export, re-export, provide, or otherwise transfer Software Products: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons, or missile technology applications; 3) use or download Software Products if you or they are: (a) located in a comprehensively sanctioned jurisdiction, (b) currently listed on any U.S. or non-U.S. restricted parties list, or (c) for any purpose prohibited by Export Laws; and (4) will not disguise your location through IP proxying or other methods.
3. ATTRIBUTION
Together with any copies of the Software Products (as well as derivative works thereof or works incorporating the Software Products) that you distribute, you must provide (i) a copy of this License, and (ii) the following attribution notice: “LLaMA is licensed under the LLaMA License, Copyright (c) Meta Platforms, Inc. All Rights Reserved.”
4. DISCLAIMERS
THE SOFTWARE PRODUCTS ARE PROVIDED “AS IS” and “WITH ALL FAULTS” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. META EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTERS RELATED TO THE SOFTWARE PRODUCTS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT. META MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SOFTWARE PRODUCTS WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR PRODUCE ANY PARTICULAR RESULTS.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL META BE LIABLE TO YOU (A) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE UNDER THIS LICENSE, OR (B) FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF META HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE PRODUCTS, THEIR CONSTITUENT COMPONENTS, AND ANY OUTPUT (COLLECTIVELY, “SOFTWARE MATERIALS”) ARE NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATION OR SITUATION WHERE FAILURE OR FAULT OF THE SOFTWARE MATERIALS COULD REASONABLY BE ANTICIPATED TO LEAD TO SERIOUS INJURY OF ANY PERSON, INCLUDING POTENTIAL DISCRIMINATION OR VIOLATION OF AN INDIVIDUAL’S PRIVACY RIGHTS, OR TO SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE (EACH, A “HIGH-RISK USE”). IF YOU ELECT TO USE ANY OF THE SOFTWARE MATERIALS FOR A HIGH-RISK USE, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO DESIGN AND IMPLEMENT APPROPRIATE DECISION-MAKING AND RISK-MITIGATION PROCEDURES AND POLICIES IN CONNECTION WITH A HIGH-RISK USE SUCH THAT EVEN IF THERE IS A FAILURE OR FAULT IN ANY OF THE SOFTWARE MATERIALS, THE SAFETY OF PERSONS OR PROPERTY AFFECTED BY THE ACTIVITY STAYS AT A LEVEL THAT IS REASONABLE, APPROPRIATE, AND LAWFUL FOR THE FIELD OF THE HIGH-RISK USE.
6. INDEMNIFICATION
You will indemnify, defend and hold harmless Meta and our subsidiaries and affiliates, and each of our respective shareholders, directors, officers, employees, agents, successors, and assigns (collectively, the “Meta Parties”) from and against any losses, liabilities, damages, fines, penalties, and expenses (including reasonable attorneys’ fees) incurred by any Meta Party in connection with any claim, demand, allegation, lawsuit, proceeding, or investigation (collectively, “Claims”) arising out of or related to: (a) your access to or use of the Software Products (as well as any results or data generated from such access or use), including any High-Risk Use (defined below); (b) your violation of this License; or (c) your violation, misappropriation or infringement of any rights of another (including intellectual property or other proprietary rights and privacy rights). You will promptly notify the Meta Parties of any such Claims, and cooperate with Meta Parties in defending such Claims. You will also grant the Meta Parties sole control of the defense or settlement, at Meta’s sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities or remedies set forth in a written agreement between you and Meta or the other Meta Parties.
7. TERMINATION; SURVIVAL
a. This License will automatically terminate upon any breach by you of the terms of this License.
b. We may terminate this License, in whole or in part, at any time upon notice (including electronic) to you.
c. The following sections survive termination of this License: 2 (Restrictions), 3 (Attribution), 4 (Disclaimers), 5 (Limitation on Liability), 6 (Indemnification) 7 (Termination; Survival), 8 (Third Party Materials), 9 (Trademarks), 10 (Applicable Law; Dispute Resolution), and 11 (Miscellaneous).
8. THIRD PARTY MATERIALS
The Software Products may contain third-party software or other components (including free and open source software) (all of the foregoing, “Third Party Materials”), which are subject to the license terms of the respective third-party licensors. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Materials are solely between you and the third party. Meta does not control or endorse, and makes no representations or warranties regarding, any Third Party Materials, and your access to and use of such Third Party Materials are at your own risk.
9. TRADEMARKS
Licensee has not been granted any trademark license as part of this License and may not use any name or mark associated with Meta without the prior written permission of Meta, except to the extent necessary to make the reference required by the “ATTRIBUTION” section of this Agreement.
10. APPLICABLE LAW; DISPUTE RESOLUTION
This License will be governed and construed under the laws of the State of California without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this License will be brought in the federal or state courts, as applicable, in San Mateo County, California, and each party irrevocably submits to the jurisdiction and venue of such courts.
11. MISCELLANEOUS
If any provision or part of a provision of this License is unlawful, void or unenforceable, that provision or part of the provision is deemed severed from this License, and will not affect the validity and enforceability of any remaining provisions. The failure of Meta to exercise or enforce any right or provision of this License will not operate as a waiver of such right or provision. This License does not confer any third-party beneficiary rights upon any other person or entity. This License, together with the Documentation, contains the entire understanding between you and Meta regarding the subject matter of this License, and supersedes all other written or oral agreements and understandings between you and Meta regarding such subject matter. No change or addition to any provision of this License will be binding unless it is in writing and signed by an authorized representative of both you and Meta.
The concept of the GNU Lesser General Public License version 2.1
("LGPL") has been adopted to govern the use and distribution of above-
mentioned application. However, the LGPL uses terminology that is more
appropriate for a program written in C than one written in Lisp.
Nevertheless, the LGPL can still be applied to a Lisp program if certain
clarifications are made. This document details those clarifications.
Accordingly, the license for the open-source Lisp applications consists
of this document plus the LGPL. Wherever there is a conflict between
this document and the LGPL, this document takes precedence over the
LGPL.
A "Library" in Lisp is a collection of Lisp functions, data and foreign
modules. The form of the Library can be Lisp source code (for processing
by an interpreter) or object code (usually the result of compilation of
source code or built with some other mechanisms). Foreign modules are
object code in a form that can be linked into a Lisp executable. When we
speak of functions we do so in the most general way to include, in
addition, methods and unnamed functions. Lisp "data" is also a general
term that includes the data structures resulting from defining Lisp
classes. A Lisp application may include the same set of Lisp objects as
does a Library, but this does not mean that the application is
necessarily a "work based on the Library" it contains.
The Library consists of everything in the distribution file set before
any modifications are made to the files. If any of the functions or
classes in the Library are redefined in other files, then those
redefinitions ARE considered a work based on the Library. If additional
methods are added to generic functions in the Library, those additional
methods are NOT considered a work based on the Library. If Library
classes are subclassed, these subclasses are NOT considered a work based
on the Library. If the Library is modified to explicitly call other
functions that are neither part of Lisp itself nor an available add-on
module to Lisp, then the functions called by the modified Library ARE
considered a work based on the Library. The goal is to ensure that the
Library will compile and run without getting undefined function errors.
It is permitted to add proprietary source code to the Library, but it
must be done in a way such that the Library will still run without that
proprietary code present. Section 5 of the LGPL distinguishes between
the case of a library being dynamically linked at runtime and one being
statically linked at build time. Section 5 of the LGPL states that the
former results in an executable that is a "work that uses the Library."
Section 5 of the LGPL states that the latter results in one that is a
"derivative of the Library", which is therefore covered by the LGPL.
Since Lisp only offers one choice, which is to link the Library into an
executable at build time, we declare that, for the purpose applying the
LGPL to the Library, an executable that results from linking a "work
that uses the Library" with the Library is considered a "work that uses
the Library" and is therefore NOT covered by the LGPL.
Because of this declaration, section 6 of LGPL is not applicable to the
Library. However, in connection with each distribution of this
executable, you must also deliver, in accordance with the terms and
conditions of the LGPL, the source code of Library (or your derivative
thereof) that is incorporated into this executable.
Permission to use, copy, modify, and distribute this software for
any purpose without fee is hereby granted, provided that this en-
tire notice is included in all copies of any software which is or
includes a copy or modification of this software and in all
copies of the supporting documentation for such software.
This work was produced at the University of California, Lawrence
Livermore National Laboratory under contract no. W-7405-ENG-48
between the U.S. Department of Energy and The Regents of the
University of California for the operation of UC LLNL.
DISCLAIMER
This software was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States
Government nor the University of California nor any of their em-
ployees, makes any warranty, express or implied, or assumes any
liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process
disclosed, or represents that its use would not infringe
privately-owned rights. Reference herein to any specific commer-
cial products, process, or service by trade name, trademark,
manufacturer, or otherwise, does not necessarily constitute or
imply its endorsement, recommendation, or favoring by the United
States Government or the University of California. The views and
opinions of authors expressed herein do not necessarily state or
reflect those of the United States Government or the University
of California, and shall not be used for advertising or product
endorsement purposes.
--- LLVM Exceptions to the Apache 2.0 License ----
As an exception, if, as a result of your compiling your source code, portions
of this Software are embedded into an Object form of such source code, you
may redistribute such embedded portions in such Object form without complying
with the conditions of Sections 4(a), 4(b) and 4(d) of the License.
In addition, if you combine or link compiled forms of this Software with
software that is licensed under the GPLv2 ("Combined Software") and if a
court of competent jurisdiction determines that the patent provision (Section
3), the indemnity provision (Section 9) or other Section of the License
conflicts with the conditions of the GPLv2, you may retroactively and
prospectively choose to deem waived or otherwise exclude such Section(s) of
the License, but only in their entirety and only with respect to the Combined
Software.
Distributed under the FSF GPL with additional restriction that results may be published only if
(1) the benchmark is unmodified, and
(2) the version in the sccsid below is included in the report.
Logica Open Source License Version 1.0
Copyright (c) 1996-2001 Logica Mobile Networks Limited, all rights reserved.
Logica Mobile Networks Limited ("Logica") is the owner of the rights
in the software programs ("Software"). In the following text, the term
"you" or "your" refers to you as an individual and/or (as the case may be)
to the legal entity to which the Software has been supplied.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided all copies and partial copies
made and/or distributed (in whatever form) and all associated documentation
and other material must acknowledge Logica's rights by the inclusion
of the following notice:
"Copyright (c) 1996-2001 Logica Mobile Networks Limited;
this product includes software developed by Logica by whom copyright
and know-how are retained, all rights reserved."
The location of such notice shall be such that it is clearly displayed
and readable to any person accessing the Software.
Any use, copying or distribution of the Software is subject to the following:
* Your rights in respect of the Software are confined to the non-exclusive
and non-assignable license expressed herein. If you breach any of these
term and conditions then your license may be terminated.
* The copyright and other intellectual property rights in and in connection
with the Software are and shall remain the exclusive property of Logica
or its third party licensors. You must not remove or alter any copyright
or other proprietary notice on any of the software.
To the extent permitted by law and in the absence of a formal written contract
between you and Logica the following limitations and exclusions also apply:
* The Software is supplied and licensed on an "as is" basis without any
warranty or representation from Logica of any kind.
* Conditions, warranties and representations that might be attributed
to Logica or the Software (including, but not limited to, any implied
condition or warranty relating to merchantability, fitness, suitability
or quality) are excluded.
* In no event shall Logica be liable in respect of or in connection
with the supply, licensing, use or distribution of the software in any
form for any direct, special, indirect or consequential loss or damages
or for any loss of use, loss of data or of profits or for any business
interruption or loss of goodwill.
* Logica shall have no obligation to fix any defect or deficiency
in the Software and Logica shall have no liability for any consequences
(direct or consequential) that may arise from any such defect or deficiency.
* Logica's maximum liability (if any) in relation to the licensing,
provision and/or performance of the Software shall not exceed the price
you paid to secure your license.
The laws of Ireland shall apply to these terms and conditions and shall
govern every aspect of the supply and licensing of the Software.
Lontium Semiconductor Corp. grants permission to use and redistribute aforementioned firmware file for the use with devices containing Lontium chipsets, but not as part of the Linux kernel or in any other form which would require the file itself to be covered by the terms of the GNU General Public License or the GNU Lesser General Public License.
The firmware file is distributed in the hope that it will be useful, but is provided WITHOUT ANY WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Portions of LOOP are Copyright (c) 1986 by the Massachusetts Institute of Technology.
All Rights Reserved.
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the M.I.T. copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation. The names "M.I.T." and "Massachusetts
Institute of Technology" may not be used in advertising or publicity
pertaining to distribution of the software without specific, written
prior permission. Notice must be given in supporting documentation that
copying distribution is by permission of M.I.T. M.I.T. makes no
representations about the suitability of this software for any purpose.
It is provided "as is" without express or implied warranty.
Massachusetts Institute of Technology
77 Massachusetts Avenue
Cambridge, Massachusetts 02139
United States of America
+1-617-253-1000
Portions of LOOP are Copyright (c) 1989, 1990, 1991, 1992 by Symbolics, Inc.
All Rights Reserved.
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the Symbolics copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in
supporting documentation. The name "Symbolics" may not be used in
advertising or publicity pertaining to distribution of the software
without specific, written prior permission. Notice must be given in
supporting documentation that copying distribution is by permission of
Symbolics. Symbolics makes no representations about the suitability of
this software for any purpose. It is provided "as is" without express
or implied warranty.
Symbolics, CLOE Runtime, and Minima are trademarks, and CLOE, Genera,
and Zetalisp are registered trademarks of Symbolics, Inc.
Symbolics, Inc.
8 New England Executive Park, East
Burlington, Massachusetts 01803
United States of America
+1-617-221-1000
LEGO® OPEN SOURCE LICENSE AGREEMENT 1.0 LEGO® MINDSTORMS® NXT FIRMWARE
This LEGO® Open Source License Agreement is an open source license for the firmware of the LEGO® MINDSTORMS® NXT ATMEL microprocessors.
IMPORTANT -- READ CAREFULLY: THIS AGREEMENT IS THE SOLE AGREEMENT AND IT ONLY COVERS THE FIRMWARE OF THE LEGO® MINDSTORMS® NXT MICROPROCESSOR AND DOES NOT COVER ANY "SOFTWARE" AS DEFINED IN THE MINDSTORMS® NXT END USER LICENSE AGREEMENT (HEREINAFTER THE " MINDSTORMS® NXT EULA").
Section 1. Definitions. "Contributor means each entity that creates or contributes to the creation of Modifications. Contributor Version means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. Covered Code means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. Executable means Covered Code in any form other than Source Code. "Larger Work means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. License means this document. Modifications means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is (a) any addition to or deletion from the contents of a file containing Original Code or previous Modifications, or (b) any new file that contains any part of the Original Code or previous Modifications. "Original Code" means Source Code for the firmware of the LEGO® MINDSTORMS® NXT microprocessors as specified in Exhibit A, and which at the time of it’s release under this License is not already Covered Code governed by this License. Source Code means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. "You (or "Your") means an individual or a legal entity exercising rights under this License or a future version of this License issued under Section 6.1. For legal entities, "You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
Section 2. Source Code License and Larger Works.
2.1. LEGO Grant. Subject to the terms and conditions of this Agreement, LEGO grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work.
2.2. Contributor Grant. Subject to third party intellectual property claims and to the terms and conditions of this Agreement, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work.
2.3. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
Section 3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute shall be governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via a generally accepted mechanism for the electronic transfer of data (hereinafter "Electronic Distribution Mechanism"), to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, such source code must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by LEGO and including the name of LEGO® in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters. (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. (b) Contributor APIs. If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. (c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You must distribute the Executable version of Covered Code under the terms of this License.
Section 4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
Section 5. Exclusions. Notwithstanding anything to the contrary herein, no Software (as defined in the Mindstorms® NXT EULA) shall be released or made available as open source under this License, regardless of how any Covered Code interacts with any Software (as defined in the Mindstorms® NXT EULA).
Section 6. Versions of the License.
6.1. New Versions. LEGO may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by LEGO. No one other than LEGO has the right to modify the terms applicable to Covered Code created under this License.
Section 7. Disclaimer of Warranty.
ALL COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT LEGO OR ITS SUPPLIERS OR LICENSORS OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
THE COVERED CODE HAS BEEN DESIGNED TO BE USED IN THE TOY INDUSTRY ONLY. THEREFORE ITS FUNCTIONALITY IS LIMITED AND CAN BE IMPACTED BY NUMEROUS FACTORS SUCH AS POWER FLUCTUATIONS, HARDWARE MALFUNCTIONS, AND MANY OTHER ITEMS. YOU ACKNOWLEDGE AND AGREE THAT THE COVERED CODE SHOULD NOT BE USED IN ANY APPLICATION WHERE ITS FAILURE TO PROPERLY FUNCTION WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS.
Section 8. Termination.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against LEGO or a Contributor (LEGO or Contributor against whom You file such action is referred to as "Participant") alleging that such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. 8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
Section 9. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, LEGO, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
Section 10. U.S. Government End Users.
The Covered Code is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
Section 11. Responsibility for Claims.
As between LEGO and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with LEGO and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
Section 12. Trademarks.
This License does not grant, nor shall any provision of this License be construed as granting, any rights or permission to use the trade names, trademarks, service marks, or product names of LEGO.
Section 13. Governing Law
To the extent possible under applicable law, this License shall be governed by Danish law and shall be subject to the non-exclusive jurisdiction of the Commercial and Maritime Court of Copenhagen. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. You acknowledge that the export of any Covered Code is governed by the export control laws of the United States of America and other countries. If you are downloading any Covered Code, You represent and warrant that You are not located in or under the control of any country which the export laws and regulations of such country or of the United States prohibit the exportation of the Covered Code.
Section 14. Miscellaneous.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
EXHIBIT A - LEGO® Open Source License Agreement The contents of this file are subject to the LEGO® Open Source License Agreement Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://mindstorms.lego.com/Overview/NXTreme.aspx Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. Exhibit A.1 includes a list of the original firmware source files which are included within the LEGO® Open Source License Agreement. LEGO is the owner of the Original Code. Portions created by National Instruments and the original Code is Copyright protected © 2006. All Rights Reserved.
LaTeX Project Public License
============================
LPPL Version 1.0 1999-03-01
Copyright 1999 LaTeX3 Project
Everyone is permitted to copy and distribute verbatim copies
of this license document, but modification is not allowed.
Preamble
========
The LaTeX Project Public License (LPPL) is the license under which the
base LaTeX distribution is distributed. As described below you may use
this licence for any software that you wish to distribute.
It may be particularly suitable if your software is TeX related (such
as a LaTeX package file) but it may be used for any software, even if
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To use this license, the files of your distribution should have an
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%% pig.sty
%% Copyright 2001 M. Y. Name
% This program can redistributed and/or modified under the terms
% of the LaTeX Project Public License Distributed from CTAN
% archives in directory macros/latex/base/lppl.txt; either
% version 1 of the License, or (at your option) any later version.
Given such a notice in the file, the conditions of this document would
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`The Program' referring to the software `pig.sty' and
`The Copyright Holder' referring to the person `M. Y. Name'.
To see a real example, see the file legal.txt which carries the
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This license gives terms under which files of The Program may be
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The LaTeX Project Public License
================================
Terms And Conditions For Copying, Distribution And Modification
===============================================================
WARRANTY
========
There is no warranty for The Program, to the extent permitted by
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Copyright Holder provides The Program `as is' without warranty of any
kind, either expressed or implied, including, but not limited to, the
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DISTRIBUTION
============
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See note below, under "Conditions on individual files".
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========================================================================
NOTES
=====
We believe that these requirements give you the freedom you to make
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Even if The Program is unrelated to LaTeX, the argument in
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Conditions on individual files
==============================
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* The conditions on individual files differ only in the
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The LaTeX Project Public License
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
LPPL Version 1.1 1999-07-10
Copyright 1999 LaTeX3 Project
Everyone is allowed to distribute verbatim copies of this
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PREAMBLE
========
The LaTeX Project Public License (LPPL) is the license under which the
base LaTeX distribution is distributed.
You may use this license for any program that you have written and wish
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CONDITIONS ON DISTRIBUTION AND MODIFICATION
===========================================
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7. You must distribute the modified file under a license that forbids
distribution both of the modified file and of any files derived
from the modified file with the filename of the original file.
8. You must do either (A) or (B):
(A) distribute a copy of The Program (that is, a complete,
unmodified copy of The Program) together with the modified
file; if your distribution of the modified file is made by
offering access to copy the modified file from a designated
place, then offering equivalent access to copy The Program
from the same place meets this condition, even though third
parties are not compelled to copy The Program along with the
modified file;
(B) provide to those who receive the modified file information
that is sufficient for them to obtain a copy of The Program;
for example, you may provide a Uniform Resource Locator (URL)
for a site that you expect will provide them with a copy of
The Program free of charge (either the version from which
your modification is derived, or perhaps a later version).
Note that in the above, `distribution' of a file means making the
file available to others by any means. This includes, for instance,
installing the file on any machine in such a way that the file is
accessible by users other than yourself. `Modification' of a file
means any procedure that produces a derivative file under any
applicable law -- that is, a file containing the original file or
a significant portion of it, either verbatim or with modifications
and/or translated into another language.
Changing the name of a file is considered to be a modification of
the file.
The distribution conditions in this license do not have to be
applied to files that have been modified in accordance with the
above conditions. Note, however, that Condition 7. does apply to
any such modified file.
The conditions above are not intended to prohibit, and hence do not
apply to, the updating, by any method, of a file so that it becomes
identical to the latest version of that file of The Program.
A Recommendation on Modification Without Distribution
-----------------------------------------------------
It is wise never to modify a file of The Program, even for your own
personal use, without also meeting the above eight conditions for
distributing the modified file. While you might intend that such
modified files will never be distributed, often this will happen by
accident -- you may forget that you have modified the file; or it may
not occur to you when allowing others to access the modified file
that you are thus distributing it and violating the conditions of
this license. It is usually in your best interest to keep your copy
of The Program identical with the public one. Many programs provide
ways to control the behavior of that program without altering its
licensed files.
Additional Conditions on Individual Files of The Program
--------------------------------------------------------
An individual file of The Program may bear additional conditions that
supplement and/or supersede the conditions in this license if, and only
if, such additional conditions exclusively concern modification of the
file or distribution of a modified version of the file. The conditions
on individual files of The Program therefore may differ only with
respect to the kind and extent of modification of those files that
is allowed, and with respect to the distribution of modified versions
of those files.
Additional Conditions on LaTeX Software Files
---------------------------------------------
If a file of The Program is intended to be used with LaTeX (that is,
if it is a LaTeX software file), then the following additional
conditions, which supplement and/or supersede the conditions
above, apply to the file according to its filename extension:
- You may not modify any file with filename extension `.ins' since
these are installation files containing the legal notices that are
placed in the files they generate.
- You may distribute modified versions of files with filename
extension `.fd' (LaTeX font definition files) under the standard
conditions of the LPPL as described above. You may also distribute
such modified LaTeX font definition files with their original names
provided that:
(1) the only changes to the original files either enable use of
available fonts or prevent attempts to access unavailable fonts;
(2) you also distribute the original, unmodified files (TeX input
paths can be used to control which set of LaTeX font definition
files is actually used by TeX).
- You may distribute modified versions of files with filename
extension `.cfg' (configuration files) with their original names.
The Program may (and usually will) specify the range of commands
that are allowed in a particular configuration file.
Because of portability and exchangeability issues in LaTeX software,
The LaTeX3 Project deprecates the distribution of modified versions of
components of LaTeX or of generally available contributed code for them,
but such distribution can meet the conditions of this license.
NO WARRANTY
===========
There is no warranty for The Program. Except when otherwise stated in
writing, The Copyright Holder provides The Program `as is', without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for
a particular purpose. The entire risk as to the quality and performance
of The Program is with you. Should The Program prove defective, you
assume the cost of all necessary servicing, repair, or correction.
In no event unless agreed to in writing will The Copyright Holder, or
any author named in the files of The Program, or any other party who may
distribute and/or modify The Program as permitted below, be liable to
you for damages, including any general, special, incidental or
consequential damages arising out of any use of The Program or out of
inability to use The Program (including, but not limited to, loss of
data, data being rendered inaccurate, or losses sustained by anyone as
a result of any failure of The Program to operate with any other
programs), even if The Copyright Holder or said author or said other
party has been advised of the possibility of such damages.
WHETHER AND HOW TO DISTRIBUTE PROGRAMS UNDER THIS LICENSE
=========================================================
This section contains important instructions, examples, and
recommendations for authors who are considering distributing their
programs under this license. These authors are addressed as `you' in
this section.
Choosing This License or Another License
----------------------------------------
If for any part of your program you want or need to use *distribution*
conditions that differ from those in this license, then do not refer to
this license anywhere in your program but instead distribute your
program under a different license. You may use the text of this license
as a model for your own license, but your license should not refer to
the LPPL or otherwise give the impression that your program is
distributed under the LPPL.
The document `modguide.tex' in the base LaTeX distribution explains
the motivation behind the conditions of this license. It explains,
for example, why distributing LaTeX under the GNU General Public
License (GPL) was considered inappropriate. Even if your program is
unrelated to LaTeX, the discussion in `modguide.tex' may still be
relevant, and authors intending to distribute their programs under any
license are encouraged to read it.
How to Use This License
-----------------------
To use this license, place in each of the files of your program both
an explicit copyright notice including your name and the year and also
a statement that the distribution and/or modification of the file is
constrained by the conditions in this license.
Here is an example of such a notice and statement:
%% pig.dtx
%% Copyright 2001 M. Y. Name
%
% This program may be distributed and/or modified under the
% conditions of the LaTeX Project Public License, either version 1.1
% of this license or (at your option) any later version.
% The latest version of this license is in
% http://www.latex-project.org/lppl.txt
% and version 1.1 or later is part of all distributions of LaTeX
% version 1999/06/01 or later.
%
% This program consists of the files pig.dtx and pig.ins
Given such a notice and statement in a file, the conditions given in
this license document would apply, with `The Program' referring to the
two files `pig.dtx' and `pig.ins', and `The Copyright Holder' referring
to the person `M. Y. Name'.
Important Recommendations
-------------------------
Defining What Constitutes The Program
The LPPL requires that distributions of The Program contain all the
files of The Program. It is therefore important that you provide a
way for the licensee to determine which files constitute The Program.
This could, for example, be achieved by explicitly listing all the
files of The Program near the copyright notice of each file or by
using a line like
% This program consists of all files listed in manifest.txt.
in that place. In the absence of an unequivocal list it might be
impossible for the licensee to determine what is considered by you
to comprise The Program.
Noting Exceptional Files
If The Program contains any files bearing additional conditions on
modification, or on distribution of modified versions, of those
files (other than those listed in `Additional Conditions on LaTeX
Software Files'), then it is recommended that The Program contain a
prominent file that defines the exceptional conditions, and either
lists the exceptional files or defines one or more categories of
exceptional files.
Files containing the text of a license (such as this file) are
often examples of files bearing more restrictive conditions on
modification. LaTeX configuration files (with filename extension
`.cfg') are examples of files bearing less restrictive conditions
on the distribution of a modified version of the file. The
additional conditions on LaTeX software given above are examples
of declaring a category of files bearing exceptional additional
conditions.
The LaTeX Project Public License
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
LPPL Version 1.2 1999-09-03
Copyright 1999 LaTeX3 Project
Everyone is allowed to distribute verbatim copies of this
license document, but modification of it is not allowed.
PREAMBLE
========
The LaTeX Project Public License (LPPL) is the license under which the
base LaTeX distribution is distributed.
You may use this license for any program that you have written and wish
to distribute. This license may be particularly suitable if your
program is TeX-related (such as a LaTeX package), but you may use it
even if your program is unrelated to TeX. The section `WHETHER AND HOW
TO DISTRIBUTE PROGRAMS UNDER THIS LICENSE', below, gives instructions,
examples, and recommendations for authors who are considering
distributing their programs under this license.
In this license document, `The Program' refers to any program
distributed under this license.
This license gives conditions under which The Program may be distributed
and conditions under which modified versions of The Program may be
distributed. Individual files of The Program may bear supplementary
and/or superseding conditions on modification of themselves and on the
distribution of modified versions of themselves, but *no* file of The
Program may bear supplementary or superseding conditions on the
distribution of an unmodified copy of the file. A distributor wishing
to distribute a complete, unmodified copy of The Program therefore
needs to check the conditions only in this license and nowhere else.
Activities other than distribution and/or modification of The Program
are not covered by this license; they are outside its scope. In
particular, the act of running The Program is not restricted.
We, the LaTeX3 Project, believe that the conditions below give you
the freedom to make and distribute modified versions of The Program
that conform with whatever technical specifications you wish while
maintaining the availability, integrity, and reliability of
The Program. If you do not see how to achieve your goal while
meeting these conditions, then read the document `cfgguide.tex'
in the base LaTeX distribution for suggestions.
CONDITIONS ON DISTRIBUTION AND MODIFICATION
===========================================
You may distribute a complete, unmodified copy of The Program.
Distribution of only part of The Program is not allowed.
You may not modify in any way a file of The Program that bears a legal
notice forbidding modification of that file.
You may distribute a modified file of The Program if, and only if, the
following eight conditions are met:
1. You must meet any additional conditions borne by the file on the
distribution of a modified version of the file as described below
in the subsection `Additional Conditions on Individual Files of
The Program'.
2. If the file is a LaTeX software file, then you must meet any
applicable additional conditions on the distribution of a modified
version of the file that are described below in the subsection
`Additional Conditions on LaTeX Software Files'.
3. You must not distribute the modified file with the filename of the
original file.
4. In the modified file, you must acknowledge the authorship and
name of the original file, and the name (if any) of the program
which contains it.
5. You must change any identification string in the file to indicate
clearly that the modified file is not part of The Program.
6. You must change any addresses in the modified file for the
reporting of errors in the file or in The Program generally to
ensure that reports for files no longer maintained by the original
maintainers will be directed to the maintainers of the modified
files.
7. You must distribute the modified file under a license that forbids
distribution both of the modified file and of any files derived
from the modified file with the filename of the original file.
8. You must do either (A) or (B):
(A) distribute a copy of The Program (that is, a complete,
unmodified copy of The Program) together with the modified
file; if your distribution of the modified file is made by
offering access to copy the modified file from a designated
place, then offering equivalent access to copy The Program
from the same place meets this condition, even though third
parties are not compelled to copy The Program along with the
modified file;
(B) provide to those who receive the modified file information
that is sufficient for them to obtain a copy of The Program;
for example, you may provide a Uniform Resource Locator (URL)
for a site that you expect will provide them with a copy of
The Program free of charge (either the version from which
your modification is derived, or perhaps a later version).
Note that in the above, `distribution' of a file means making the
file available to others by any means. This includes, for instance,
installing the file on any machine in such a way that the file is
accessible by users other than yourself. `Modification' of a file
means any procedure that produces a derivative file under any
applicable law -- that is, a file containing the original file or
a significant portion of it, either verbatim or with modifications
and/or translated into another language.
Changing the name of a file (other than as necessitated by the file
conventions of the target file systems) is considered to be a
modification of the file.
The distribution conditions in this license do not have to be
applied to files that have been modified in accordance with the
above conditions. Note, however, that Condition 7. does apply to
any such modified file.
The conditions above are not intended to prohibit, and hence do not
apply to, the updating, by any method, of a file so that it becomes
identical to the latest version of that file of The Program.
A Recommendation on Modification Without Distribution
-----------------------------------------------------
It is wise never to modify a file of The Program, even for your own
personal use, without also meeting the above eight conditions for
distributing the modified file. While you might intend that such
modified files will never be distributed, often this will happen by
accident -- you may forget that you have modified the file; or it may
not occur to you when allowing others to access the modified file
that you are thus distributing it and violating the conditions of
this license. It is usually in your best interest to keep your copy
of The Program identical with the public one. Many programs provide
ways to control the behavior of that program without altering its
licensed files.
Additional Conditions on Individual Files of The Program
--------------------------------------------------------
An individual file of The Program may bear additional conditions that
supplement and/or supersede the conditions in this license if, and only
if, such additional conditions exclusively concern modification of the
file or distribution of a modified version of the file. The conditions
on individual files of The Program therefore may differ only with
respect to the kind and extent of modification of those files that
is allowed, and with respect to the distribution of modified versions
of those files.
Additional Conditions on LaTeX Software Files
---------------------------------------------
If a file of The Program is intended to be used with LaTeX (that is,
if it is a LaTeX software file), then the following additional
conditions, which supplement and/or supersede the conditions
above, apply to the file according to its filename extension:
- You may not modify any file with filename extension `.ins' since
these are installation files containing the legal notices that are
placed in the files they generate.
- You may distribute modified versions of files with filename
extension `.fd' (LaTeX font definition files) under the standard
conditions of the LPPL as described above. You may also distribute
such modified LaTeX font definition files with their original names
provided that:
(1) the only changes to the original files either enable use of
available fonts or prevent attempts to access unavailable fonts;
(2) you also distribute the original, unmodified files (TeX input
paths can be used to control which set of LaTeX font definition
files is actually used by TeX).
- You may distribute modified versions of files with filename
extension `.cfg' (configuration files) with their original names.
The Program may (and usually will) specify the range of commands
that are allowed in a particular configuration file.
Because of portability and exchangeability issues in LaTeX software,
The LaTeX3 Project deprecates the distribution of modified versions of
components of LaTeX or of generally available contributed code for them,
but such distribution can meet the conditions of this license.
NO WARRANTY
===========
There is no warranty for The Program. Except when otherwise stated in
writing, The Copyright Holder provides The Program `as is', without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for
a particular purpose. The entire risk as to the quality and performance
of The Program is with you. Should The Program prove defective, you
assume the cost of all necessary servicing, repair, or correction.
In no event unless agreed to in writing will The Copyright Holder, or
any author named in the files of The Program, or any other party who may
distribute and/or modify The Program as permitted above, be liable to
you for damages, including any general, special, incidental or
consequential damages arising out of any use of The Program or out of
inability to use The Program (including, but not limited to, loss of
data, data being rendered inaccurate, or losses sustained by anyone as
a result of any failure of The Program to operate with any other
programs), even if The Copyright Holder or said author or said other
party has been advised of the possibility of such damages.
WHETHER AND HOW TO DISTRIBUTE PROGRAMS UNDER THIS LICENSE
=========================================================
This section contains important instructions, examples, and
recommendations for authors who are considering distributing their
programs under this license. These authors are addressed as `you' in
this section.
Choosing This License or Another License
----------------------------------------
If for any part of your program you want or need to use *distribution*
conditions that differ from those in this license, then do not refer to
this license anywhere in your program but instead distribute your
program under a different license. You may use the text of this license
as a model for your own license, but your license should not refer to
the LPPL or otherwise give the impression that your program is
distributed under the LPPL.
The document `modguide.tex' in the base LaTeX distribution explains
the motivation behind the conditions of this license. It explains,
for example, why distributing LaTeX under the GNU General Public
License (GPL) was considered inappropriate. Even if your program is
unrelated to LaTeX, the discussion in `modguide.tex' may still be
relevant, and authors intending to distribute their programs under any
license are encouraged to read it.
How to Use This License
-----------------------
To use this license, place in each of the files of your program both
an explicit copyright notice including your name and the year and also
a statement that the distribution and/or modification of the file is
constrained by the conditions in this license.
Here is an example of such a notice and statement:
%% pig.dtx
%% Copyright 2001 M. Y. Name
%
% This program may be distributed and/or modified under the
% conditions of the LaTeX Project Public License, either version 1.2
% of this license or (at your option) any later version.
% The latest version of this license is in
% http://www.latex-project.org/lppl.txt
% and version 1.2 or later is part of all distributions of LaTeX
% version 1999/12/01 or later.
%
% This program consists of the files pig.dtx and pig.ins
Given such a notice and statement in a file, the conditions given in
this license document would apply, with `The Program' referring to the
two files `pig.dtx' and `pig.ins', and `The Copyright Holder' referring
to the person `M. Y. Name'.
Important Recommendations
-------------------------
Defining What Constitutes The Program
The LPPL requires that distributions of The Program contain all the
files of The Program. It is therefore important that you provide a
way for the licensee to determine which files constitute The Program.
This could, for example, be achieved by explicitly listing all the
files of The Program near the copyright notice of each file or by
using a line like
% This program consists of all files listed in manifest.txt.
in that place. In the absence of an unequivocal list it might be
impossible for the licensee to determine what is considered by you
to comprise The Program.
Noting Exceptional Files
If The Program contains any files bearing additional conditions on
modification, or on distribution of modified versions, of those
files (other than those listed in `Additional Conditions on LaTeX
Software Files'), then it is recommended that The Program contain a
prominent file that defines the exceptional conditions, and either
lists the exceptional files or defines one or more categories of
exceptional files.
Files containing the text of a license (such as this file) are
often examples of files bearing more restrictive conditions on
modification. LaTeX configuration files (with filename extension
`.cfg') are examples of files bearing less restrictive conditions
on the distribution of a modified version of the file. The
additional conditions on LaTeX software given above are examples
of declaring a category of files bearing exceptional additional
conditions.
The LaTeX Project Public License
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
LPPL Version 1.3a 2004-10-01
Copyright 1999 2002-04 LaTeX3 Project
Everyone is allowed to distribute verbatim copies of this
license document, but modification of it is not allowed.
PREAMBLE
========
The LaTeX Project Public License (LPPL) is the primary license under
which the the LaTeX kernel and the base LaTeX packages are distributed.
You may use this license for any work of which you hold the copyright
and which you wish to distribute. This license may be particularly
suitable if your work is TeX-related (such as a LaTeX package), but
you may use it with small modifications even if your work is unrelated
to TeX.
The section `WHETHER AND HOW TO DISTRIBUTE WORKS UNDER THIS LICENSE',
below, gives instructions, examples, and recommendations for authors
who are considering distributing their works under this license.
This license gives conditions under which a work may be distributed
and modified, as well as conditions under which modified versions of
that work may be distributed.
We, the LaTeX3 Project, believe that the conditions below give you
the freedom to make and distribute modified versions of your work
that conform with whatever technical specifications you wish while
maintaining the availability, integrity, and reliability of
that work. If you do not see how to achieve your goal while
meeting these conditions, then read the document `cfgguide.tex'
and `modguide.tex' in the base LaTeX distribution for suggestions.
DEFINITIONS
===========
In this license document the following terms are used:
`Work'
Any work being distributed under this License.
`Derived Work'
Any work that under any applicable law is derived from the Work.
`Modification'
Any procedure that produces a Derived Work under any applicable
law -- for example, the production of a file containing an
original file associated with the Work or a significant portion of
such a file, either verbatim or with modifications and/or
translated into another language.
`Modify'
To apply any procedure that produces a Derived Work under any
applicable law.
`Distribution'
Making copies of the Work available from one person to another, in
whole or in part. Distribution includes (but is not limited to)
making any electronic components of the Work accessible by
file transfer protocols such as FTP or HTTP or by shared file
systems such as Sun's Network File System (NFS).
`Compiled Work'
A version of the Work that has been processed into a form where it
is directly usable on a computer system. This processing may
include using installation facilities provided by the Work,
transformations of the Work, copying of components of the Work, or
other activities. Note that modification of any installation
facilities provided by the Work constitutes modification of the Work.
`Current Maintainer'
A person or persons nominated as such within the Work. If there is
no such explicit nomination then it is the `Copyright Holder' under
any applicable law.
`Base Interpreter'
A program or process that is normally needed for running or
interpreting a part or the whole of the Work.
A Base Interpreter may depend on external components but these
are not considered part of the Base Interpreter provided that each
external component clearly identifies itself whenever it is used
interactively. Unless explicitly specified when applying the
license to the Work, the only applicable Base Interpreter is a
"LaTeX-Format".
CONDITIONS ON DISTRIBUTION AND MODIFICATION
===========================================
1. Activities other than distribution and/or modification of the Work
are not covered by this license; they are outside its scope. In
particular, the act of running the Work is not restricted and no
requirements are made concerning any offers of support for the Work.
2. You may distribute a complete, unmodified copy of the Work as you
received it. Distribution of only part of the Work is considered
modification of the Work, and no right to distribute such a Derived
Work may be assumed under the terms of this clause.
3. You may distribute a Compiled Work that has been generated from a
complete, unmodified copy of the Work as distributed under Clause 2
above, as long as that Compiled Work is distributed in such a way that
the recipients may install the Compiled Work on their system exactly
as it would have been installed if they generated a Compiled Work
directly from the Work.
4. If you are the Current Maintainer of the Work, you may, without
restriction, modify the Work, thus creating a Derived Work. You may
also distribute the Derived Work without restriction, including
Compiled Works generated from the Derived Work. Derived Works
distributed in this manner by the Current Maintainer are considered to
be updated versions of the Work.
5. If you are not the Current Maintainer of the Work, you may modify
your copy of the Work, thus creating a Derived Work based on the Work,
and compile this Derived Work, thus creating a Compiled Work based on
the Derived Work.
6. If you are not the Current Maintainer of the Work, you may
distribute a Derived Work provided the following conditions are met
for every component of the Work unless that component clearly states
in the copyright notice that it is exempt from that condition. Only
the Current Maintainer is allowed to add such statements of exemption
to a component of the Work.
a. If a component of this Derived Work can be a direct replacement
for a component of the Work when that component is used with the
Base Interpreter, then, wherever this component of the Work
identifies itself to the user when used interactively with that
Base Interpreter, the replacement component of this Derived Work
clearly and unambiguously identifies itself as a modified version
of this component to the user when used interactively with that
Base Interpreter.
b. Every component of the Derived Work contains prominent notices
detailing the nature of the changes to that component, or a
prominent reference to another file that is distributed as part
of the Derived Work and that contains a complete and accurate log
of the changes.
c. No information in the Derived Work implies that any persons,
including (but not limited to) the authors of the original version
of the Work, provide any support, including (but not limited to)
the reporting and handling of errors, to recipients of the
Derived Work unless those persons have stated explicitly that
they do provide such support for the Derived Work.
d. You distribute at least one of the following with the Derived Work:
1. A complete, unmodified copy of the Work;
if your distribution of a modified component is made by
offering access to copy the modified component from a
designated place, then offering equivalent access to copy
the Work from the same or some similar place meets this
condition, even though third parties are not compelled to
copy the Work along with the modified component;
2. Information that is sufficient to obtain a complete, unmodified
copy of the Work.
7. If you are not the Current Maintainer of the Work, you may
distribute a Compiled Work generated from a Derived Work, as long as
the Derived Work is distributed to all recipients of the Compiled
Work, and as long as the conditions of Clause 6, above, are met with
regard to the Derived Work.
8. The conditions above are not intended to prohibit, and hence do
not apply to, the modification, by any method, of any component so that it
becomes identical to an updated version of that component of the Work as
it is distributed by the Current Maintainer under Clause 4, above.
9. Distribution of the Work or any Derived Work in an alternative
format, where the Work or that Derived Work (in whole or in part) is
then produced by applying some process to that format, does not relax or
nullify any sections of this license as they pertain to the results of
applying that process.
10. a. A Derived Work may be distributed under a different license
provided that license itself honors the conditions listed in
Clause 6 above, in regard to the Work, though it does not have
to honor the rest of the conditions in this license.
b. If a Derived Work is distributed under this license, that
Derived Work must provide sufficient documentation as part of
itself to allow each recipient of that Derived Work to honor the
restrictions in Clause 6 above, concerning changes from the Work.
11. This license places no restrictions on works that are unrelated to
the Work, nor does this license place any restrictions on aggregating
such works with the Work by any means.
12. Nothing in this license is intended to, or may be used to, prevent
complete compliance by all parties with all applicable laws.
NO WARRANTY
===========
There is no warranty for the Work. Except when otherwise stated in
writing, the Copyright Holder provides the Work `as is', without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for
a particular purpose. The entire risk as to the quality and performance
of the Work is with you. Should the Work prove defective, you
assume the cost of all necessary servicing, repair, or correction.
In no event unless required by applicable law or agreed to in writing
will The Copyright Holder, or any author named in the components of
the Work, or any other party who may distribute and/or modify the Work
as permitted above, be liable to you for damages, including any
general, special, incidental or consequential damages arising out of
any use of the Work or out of inability to use the Work (including,
but not limited to, loss of data, data being rendered inaccurate, or
losses sustained by anyone as a result of any failure of the Work to
operate with any other programs), even if the Copyright Holder or said
author or said other party has been advised of the possibility of such
damages.
MAINTENANCE OF THE WORK
=======================
The Work has the status `author-maintained' if the Copyright Holder
explicitly and prominently states near the primary copyright notice in
the Work that the Work can only be maintained by the Copyright Holder
or simply that is `author-maintained'.
The Work has the status `maintained' if there is a Current Maintainer
who has indicated in the Work that they are willing to receive error
reports for the Work (for example, by supplying a valid e-mail
address). It is not required for the Current Maintainer to acknowledge
or act upon these error reports.
The Work changes from status `maintained' to `unmaintained' if there
is no Current Maintainer, or the person stated to be Current
Maintainer of the work cannot be reached through the indicated means
of communication for a period of six months, and there are no other
significant signs of active maintenance.
You can become the Current Maintainer of the Work by agreement with
any existing Current Maintainer to take over this role.
If the Work is unmaintained, you can become the Current Maintainer of
the Work through the following steps:
1. Make a reasonable attempt to trace the Current Maintainer (and
the Copyright Holder, if the two differ) through the means of
an Internet or similar search.
2. If this search is successful, then enquire whether the Work
is still maintained.
a. If it is being maintained, then ask the Current Maintainer
to update their communication data within one month.
b. If the search is unsuccessful or no action to resume active
maintenance is taken by the Current Maintainer, then announce
within the pertinent community your intention to take over
maintenance. (If the Work is a LaTeX work, this could be
done, for example, by posting to comp.text.tex.)
3a. If the Current Maintainer is reachable and agrees to pass
maintenance of the Work to you, then this takes effect
immediately upon announcement.
b. If the Current Maintainer is not reachable and the Copyright
Holder agrees that maintenance of the Work be passed to you,
then this takes effect immediately upon announcement.
4. If you make an `intention announcement' as described in 2b. above
and after three months your intention is challenged neither by
the Current Maintainer nor by the Copyright Holder nor by other
people, then you may arrange for the Work to be changed so as
to name you as the (new) Current Maintainer.
5. If the previously unreachable Current Maintainer becomes
reachable once more within three months of a change completed
under the terms of 3b) or 4), then that Current Maintainer must
become or remain the Current Maintainer upon request provided
they then update their communication data within one month.
A change in the Current Maintainer does not, of itself, alter the fact
that the Work is distributed under the LPPL license.
If you become the Current Maintainer of the Work, you should
immediately provide, within the Work, a prominent and unambiguous
statement of your status as Current Maintainer. You should also
announce your new status to the same pertinent community as
in 2b) above.
WHETHER AND HOW TO DISTRIBUTE WORKS UNDER THIS LICENSE
======================================================
This section contains important instructions, examples, and
recommendations for authors who are considering distributing their
works under this license. These authors are addressed as `you' in
this section.
Choosing This License or Another License
----------------------------------------
If for any part of your work you want or need to use *distribution*
conditions that differ significantly from those in this license, then
do not refer to this license anywhere in your work but, instead,
distribute your work under a different license. You may use the text
of this license as a model for your own license, but your license
should not refer to the LPPL or otherwise give the impression that
your work is distributed under the LPPL.
The document `modguide.tex' in the base LaTeX distribution explains
the motivation behind the conditions of this license. It explains,
for example, why distributing LaTeX under the GNU General Public
License (GPL) was considered inappropriate. Even if your work is
unrelated to LaTeX, the discussion in `modguide.tex' may still be
relevant, and authors intending to distribute their works under any
license are encouraged to read it.
A Recommendation on Modification Without Distribution
-----------------------------------------------------
It is wise never to modify a component of the Work, even for your own
personal use, without also meeting the above conditions for
distributing the modified component. While you might intend that such
modifications will never be distributed, often this will happen by
accident -- you may forget that you have modified that component; or
it may not occur to you when allowing others to access the modified
version that you are thus distributing it and violating the conditions
of this license in ways that could have legal implications and, worse,
cause problems for the community. It is therefore usually in your
best interest to keep your copy of the Work identical with the public
one. Many works provide ways to control the behavior of that work
without altering any of its licensed components.
How to Use This License
-----------------------
To use this license, place in each of the components of your work both
an explicit copyright notice including your name and the year the work
was authored and/or last substantially modified. Include also a
statement that the distribution and/or modification of that
component is constrained by the conditions in this license.
Here is an example of such a notice and statement:
%% pig.dtx
%% Copyright 2003 M. Y. Name
%
% This work may be distributed and/or modified under the
% conditions of the LaTeX Project Public License, either version 1.3
% of this license or (at your option) any later version.
% The latest version of this license is in
% http://www.latex-project.org/lppl.txt
% and version 1.3 or later is part of all distributions of LaTeX
% version 2003/12/01 or later.
%
% This work has the LPPL maintenance status "maintained".
%
% This Current Maintainer of this work is M. Y. Name.
%
% This work consists of the files pig.dtx and pig.ins
% and the derived file pig.sty.
Given such a notice and statement in a file, the conditions
given in this license document would apply, with the `Work' referring
to the three files `pig.dtx', `pig.ins', and `pig.sty' (the last being
generated from `pig.dtx' using `pig.ins'), the `Base Interpreter'
referring to any "LaTeX-Format", and both `Copyright Holder' and
`Current Maintainer' referring to the person `M. Y. Name'.
If you do not want the Maintenance section of LPPL to apply to your
Work, change "maintained" above into "author-maintained".
However, we recommend that you use "maintained" as the Maintenance
section was added in order to ensure that your Work remains useful to
the community even when you can no longer maintain and support it
yourself.
Important Recommendations
-------------------------
Defining What Constitutes the Work
The LPPL requires that distributions of the Work contain all the
files of the Work. It is therefore important that you provide a
way for the licensee to determine which files constitute the Work.
This could, for example, be achieved by explicitly listing all the
files of the Work near the copyright notice of each file or by
using a line such as:
% This work consists of all files listed in manifest.txt.
in that place. In the absence of an unequivocal list it might be
impossible for the licensee to determine what is considered by you
to comprise the Work and, in such a case, the licensee would be
entitled to make reasonable conjectures as to which files comprise
the Work.
The LaTeX Project Public License
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
LPPL Version 1.3c 2008-05-04
Copyright 1999 2002-2008 LaTeX3 Project
Everyone is allowed to distribute verbatim copies of this
license document, but modification of it is not allowed.
PREAMBLE
========
The LaTeX Project Public License (LPPL) is the primary license under
which the LaTeX kernel and the base LaTeX packages are distributed.
You may use this license for any work of which you hold the copyright
and which you wish to distribute. This license may be particularly
suitable if your work is TeX-related (such as a LaTeX package), but
it is written in such a way that you can use it even if your work is
unrelated to TeX.
The section `WHETHER AND HOW TO DISTRIBUTE WORKS UNDER THIS LICENSE',
below, gives instructions, examples, and recommendations for authors
who are considering distributing their works under this license.
This license gives conditions under which a work may be distributed
and modified, as well as conditions under which modified versions of
that work may be distributed.
We, the LaTeX3 Project, believe that the conditions below give you
the freedom to make and distribute modified versions of your work
that conform with whatever technical specifications you wish while
maintaining the availability, integrity, and reliability of
that work. If you do not see how to achieve your goal while
meeting these conditions, then read the document `cfgguide.tex'
and `modguide.tex' in the base LaTeX distribution for suggestions.
DEFINITIONS
===========
In this license document the following terms are used:
`Work'
Any work being distributed under this License.
`Derived Work'
Any work that under any applicable law is derived from the Work.
`Modification'
Any procedure that produces a Derived Work under any applicable
law -- for example, the production of a file containing an
original file associated with the Work or a significant portion of
such a file, either verbatim or with modifications and/or
translated into another language.
`Modify'
To apply any procedure that produces a Derived Work under any
applicable law.
`Distribution'
Making copies of the Work available from one person to another, in
whole or in part. Distribution includes (but is not limited to)
making any electronic components of the Work accessible by
file transfer protocols such as FTP or HTTP or by shared file
systems such as Sun's Network File System (NFS).
`Compiled Work'
A version of the Work that has been processed into a form where it
is directly usable on a computer system. This processing may
include using installation facilities provided by the Work,
transformations of the Work, copying of components of the Work, or
other activities. Note that modification of any installation
facilities provided by the Work constitutes modification of the Work.
`Current Maintainer'
A person or persons nominated as such within the Work. If there is
no such explicit nomination then it is the `Copyright Holder' under
any applicable law.
`Base Interpreter'
A program or process that is normally needed for running or
interpreting a part or the whole of the Work.
A Base Interpreter may depend on external components but these
are not considered part of the Base Interpreter provided that each
external component clearly identifies itself whenever it is used
interactively. Unless explicitly specified when applying the
license to the Work, the only applicable Base Interpreter is a
`LaTeX-Format' or in the case of files belonging to the
`LaTeX-format' a program implementing the `TeX language'.
CONDITIONS ON DISTRIBUTION AND MODIFICATION
===========================================
1. Activities other than distribution and/or modification of the Work
are not covered by this license; they are outside its scope. In
particular, the act of running the Work is not restricted and no
requirements are made concerning any offers of support for the Work.
2. You may distribute a complete, unmodified copy of the Work as you
received it. Distribution of only part of the Work is considered
modification of the Work, and no right to distribute such a Derived
Work may be assumed under the terms of this clause.
3. You may distribute a Compiled Work that has been generated from a
complete, unmodified copy of the Work as distributed under Clause 2
above, as long as that Compiled Work is distributed in such a way that
the recipients may install the Compiled Work on their system exactly
as it would have been installed if they generated a Compiled Work
directly from the Work.
4. If you are the Current Maintainer of the Work, you may, without
restriction, modify the Work, thus creating a Derived Work. You may
also distribute the Derived Work without restriction, including
Compiled Works generated from the Derived Work. Derived Works
distributed in this manner by the Current Maintainer are considered to
be updated versions of the Work.
5. If you are not the Current Maintainer of the Work, you may modify
your copy of the Work, thus creating a Derived Work based on the Work,
and compile this Derived Work, thus creating a Compiled Work based on
the Derived Work.
6. If you are not the Current Maintainer of the Work, you may
distribute a Derived Work provided the following conditions are met
for every component of the Work unless that component clearly states
in the copyright notice that it is exempt from that condition. Only
the Current Maintainer is allowed to add such statements of exemption
to a component of the Work.
a. If a component of this Derived Work can be a direct replacement
for a component of the Work when that component is used with the
Base Interpreter, then, wherever this component of the Work
identifies itself to the user when used interactively with that
Base Interpreter, the replacement component of this Derived Work
clearly and unambiguously identifies itself as a modified version
of this component to the user when used interactively with that
Base Interpreter.
b. Every component of the Derived Work contains prominent notices
detailing the nature of the changes to that component, or a
prominent reference to another file that is distributed as part
of the Derived Work and that contains a complete and accurate log
of the changes.
c. No information in the Derived Work implies that any persons,
including (but not limited to) the authors of the original version
of the Work, provide any support, including (but not limited to)
the reporting and handling of errors, to recipients of the
Derived Work unless those persons have stated explicitly that
they do provide such support for the Derived Work.
d. You distribute at least one of the following with the Derived Work:
1. A complete, unmodified copy of the Work;
if your distribution of a modified component is made by
offering access to copy the modified component from a
designated place, then offering equivalent access to copy
the Work from the same or some similar place meets this
condition, even though third parties are not compelled to
copy the Work along with the modified component;
2. Information that is sufficient to obtain a complete,
unmodified copy of the Work.
7. If you are not the Current Maintainer of the Work, you may
distribute a Compiled Work generated from a Derived Work, as long as
the Derived Work is distributed to all recipients of the Compiled
Work, and as long as the conditions of Clause 6, above, are met with
regard to the Derived Work.
8. The conditions above are not intended to prohibit, and hence do not
apply to, the modification, by any method, of any component so that it
becomes identical to an updated version of that component of the Work as
it is distributed by the Current Maintainer under Clause 4, above.
9. Distribution of the Work or any Derived Work in an alternative
format, where the Work or that Derived Work (in whole or in part) is
then produced by applying some process to that format, does not relax or
nullify any sections of this license as they pertain to the results of
applying that process.
10. a. A Derived Work may be distributed under a different license
provided that license itself honors the conditions listed in
Clause 6 above, in regard to the Work, though it does not have
to honor the rest of the conditions in this license.
b. If a Derived Work is distributed under a different license, that
Derived Work must provide sufficient documentation as part of
itself to allow each recipient of that Derived Work to honor the
restrictions in Clause 6 above, concerning changes from the Work.
11. This license places no restrictions on works that are unrelated to
the Work, nor does this license place any restrictions on aggregating
such works with the Work by any means.
12. Nothing in this license is intended to, or may be used to, prevent
complete compliance by all parties with all applicable laws.
NO WARRANTY
===========
There is no warranty for the Work. Except when otherwise stated in
writing, the Copyright Holder provides the Work `as is', without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for a
particular purpose. The entire risk as to the quality and performance
of the Work is with you. Should the Work prove defective, you assume
the cost of all necessary servicing, repair, or correction.
In no event unless required by applicable law or agreed to in writing
will The Copyright Holder, or any author named in the components of the
Work, or any other party who may distribute and/or modify the Work as
permitted above, be liable to you for damages, including any general,
special, incidental or consequential damages arising out of any use of
the Work or out of inability to use the Work (including, but not limited
to, loss of data, data being rendered inaccurate, or losses sustained by
anyone as a result of any failure of the Work to operate with any other
programs), even if the Copyright Holder or said author or said other
party has been advised of the possibility of such damages.
MAINTENANCE OF THE WORK
=======================
The Work has the status `author-maintained' if the Copyright Holder
explicitly and prominently states near the primary copyright notice in
the Work that the Work can only be maintained by the Copyright Holder
or simply that it is `author-maintained'.
The Work has the status `maintained' if there is a Current Maintainer
who has indicated in the Work that they are willing to receive error
reports for the Work (for example, by supplying a valid e-mail
address). It is not required for the Current Maintainer to acknowledge
or act upon these error reports.
The Work changes from status `maintained' to `unmaintained' if there
is no Current Maintainer, or the person stated to be Current
Maintainer of the work cannot be reached through the indicated means
of communication for a period of six months, and there are no other
significant signs of active maintenance.
You can become the Current Maintainer of the Work by agreement with
any existing Current Maintainer to take over this role.
If the Work is unmaintained, you can become the Current Maintainer of
the Work through the following steps:
1. Make a reasonable attempt to trace the Current Maintainer (and
the Copyright Holder, if the two differ) through the means of
an Internet or similar search.
2. If this search is successful, then enquire whether the Work
is still maintained.
a. If it is being maintained, then ask the Current Maintainer
to update their communication data within one month.
b. If the search is unsuccessful or no action to resume active
maintenance is taken by the Current Maintainer, then announce
within the pertinent community your intention to take over
maintenance. (If the Work is a LaTeX work, this could be
done, for example, by posting to comp.text.tex.)
3a. If the Current Maintainer is reachable and agrees to pass
maintenance of the Work to you, then this takes effect
immediately upon announcement.
b. If the Current Maintainer is not reachable and the Copyright
Holder agrees that maintenance of the Work be passed to you,
then this takes effect immediately upon announcement.
4. If you make an `intention announcement' as described in 2b. above
and after three months your intention is challenged neither by
the Current Maintainer nor by the Copyright Holder nor by other
people, then you may arrange for the Work to be changed so as
to name you as the (new) Current Maintainer.
5. If the previously unreachable Current Maintainer becomes
reachable once more within three months of a change completed
under the terms of 3b) or 4), then that Current Maintainer must
become or remain the Current Maintainer upon request provided
they then update their communication data within one month.
A change in the Current Maintainer does not, of itself, alter the fact
that the Work is distributed under the LPPL license.
If you become the Current Maintainer of the Work, you should
immediately provide, within the Work, a prominent and unambiguous
statement of your status as Current Maintainer. You should also
announce your new status to the same pertinent community as
in 2b) above.
WHETHER AND HOW TO DISTRIBUTE WORKS UNDER THIS LICENSE
======================================================
This section contains important instructions, examples, and
recommendations for authors who are considering distributing their
works under this license. These authors are addressed as `you' in
this section.
Choosing This License or Another License
----------------------------------------
If for any part of your work you want or need to use *distribution*
conditions that differ significantly from those in this license, then
do not refer to this license anywhere in your work but, instead,
distribute your work under a different license. You may use the text
of this license as a model for your own license, but your license
should not refer to the LPPL or otherwise give the impression that
your work is distributed under the LPPL.
The document `modguide.tex' in the base LaTeX distribution explains
the motivation behind the conditions of this license. It explains,
for example, why distributing LaTeX under the GNU General Public
License (GPL) was considered inappropriate. Even if your work is
unrelated to LaTeX, the discussion in `modguide.tex' may still be
relevant, and authors intending to distribute their works under any
license are encouraged to read it.
A Recommendation on Modification Without Distribution
-----------------------------------------------------
It is wise never to modify a component of the Work, even for your own
personal use, without also meeting the above conditions for
distributing the modified component. While you might intend that such
modifications will never be distributed, often this will happen by
accident -- you may forget that you have modified that component; or
it may not occur to you when allowing others to access the modified
version that you are thus distributing it and violating the conditions
of this license in ways that could have legal implications and, worse,
cause problems for the community. It is therefore usually in your
best interest to keep your copy of the Work identical with the public
one. Many works provide ways to control the behavior of that work
without altering any of its licensed components.
How to Use This License
-----------------------
To use this license, place in each of the components of your work both
an explicit copyright notice including your name and the year the work
was authored and/or last substantially modified. Include also a
statement that the distribution and/or modification of that
component is constrained by the conditions in this license.
Here is an example of such a notice and statement:
%% pig.dtx
%% Copyright 2005 M. Y. Name
%
% This work may be distributed and/or modified under the
% conditions of the LaTeX Project Public License, either version 1.3
% of this license or (at your option) any later version.
% The latest version of this license is in
% http://www.latex-project.org/lppl.txt
% and version 1.3 or later is part of all distributions of LaTeX
% version 2005/12/01 or later.
%
% This work has the LPPL maintenance status `maintained'.
%
% The Current Maintainer of this work is M. Y. Name.
%
% This work consists of the files pig.dtx and pig.ins
% and the derived file pig.sty.
Given such a notice and statement in a file, the conditions
given in this license document would apply, with the `Work' referring
to the three files `pig.dtx', `pig.ins', and `pig.sty' (the last being
generated from `pig.dtx' using `pig.ins'), the `Base Interpreter'
referring to any `LaTeX-Format', and both `Copyright Holder' and
`Current Maintainer' referring to the person `M. Y. Name'.
If you do not want the Maintenance section of LPPL to apply to your
Work, change `maintained' above into `author-maintained'.
However, we recommend that you use `maintained', as the Maintenance
section was added in order to ensure that your Work remains useful to
the community even when you can no longer maintain and support it
yourself.
Derived Works That Are Not Replacements
---------------------------------------
Several clauses of the LPPL specify means to provide reliability and
stability for the user community. They therefore concern themselves
with the case that a Derived Work is intended to be used as a
(compatible or incompatible) replacement of the original Work. If
this is not the case (e.g., if a few lines of code are reused for a
completely different task), then clauses 6b and 6d shall not apply.
Important Recommendations
-------------------------
Defining What Constitutes the Work
The LPPL requires that distributions of the Work contain all the
files of the Work. It is therefore important that you provide a
way for the licensee to determine which files constitute the Work.
This could, for example, be achieved by explicitly listing all the
files of the Work near the copyright notice of each file or by
using a line such as:
% This work consists of all files listed in manifest.txt.
in that place. In the absence of an unequivocal list it might be
impossible for the licensee to determine what is considered by you
to comprise the Work and, in such a case, the licensee would be
entitled to make reasonable conjectures as to which files comprise
the Work.
USE OF LSI DOCUMENTATION AND SOFTWARE DOWNLOADS IS SUBJECT TO THIS AGREEMENT
IMPORTANT - READ CAREFULLY: This Software License Agreement ("SLA") is a legal
agreement between you (either an individual or a single entity) and LSI
Corporation ("LSI") for the LSI Licensed Software identified herein and licensed
herein, which includes computer software and may include associated media,
printed materials, and "online" or electronic documentation ("LICENSED
SOFTWARE"). By installing, copying, or otherwise using the LICENSED SOFTWARE,
you agree to be bound by the terms of this SLA. If you do not agree to the terms
of this SLA, you may not install, copy or use the LICENSED SOFTWARE. The
LICENSED SOFTWARE is licensed, not sold.
NOW THEREFORE, in consideration of the foregoing and the mutual promises and
covenants contained in this SLA (also referred to as "Agreement"), the parties
hereby agree as follows:
1. Definitions
1.1. "Authorized Use for LSI Source Code" means use of the LSI Source Code
solely for the purpose of internally developing, modifying, integrating and
testing Licensee's Products to interface with LSI Devices authorized for
such integration, and for no other use or purpose.
1.2. "Authorized Use for LSI Binary Code" means use of the LSI Binary Code
solely for the purpose of internal evaluation or developing, integrating,
testing and use of Licensee's Products to interface with LSI Devices and for
no other application, use or purpose.
1.3. "Authorized Use for LSI Internal Code" means use of the LSI Internal
Use Code solely for the purpose of internally developing, modifying,
integrating and testing Licensee's Products to interface with LSI Devices
authorized for such integration, and for no other use or purpose.
1.4. "Explanatory Materials" means explanatory and informational materials
or documentation concerning the LSI Licensed Code, in printed or electronic
format, including without limitation, manuals, descriptions, user and/or
installation instructions, diagrams, printouts, listings, flowcharts, and
training materials, contained on visual media such as paper or photographic
film, or on other physical storage media in machine-readable form.
Explanatory Materials do not include any code.
1.5. "LSI Licensed Code" means collectively all the software programs which
are owned or distributed by LSI and licensed to Licensee via the LSI
Download Center through acceptance of this Agreement. The LSI Licensed Code
is specifically referenced individually in this Agreement as LSI Source
Code, LSI Binary Code, or LSI Internal Use Code.
1.6. "Licensee's Products" means the hardware and software (and related
Licensee documentation) that will be developed or modified by or for
Licensee utilizing the LSI Licensed Code for the purpose of interfacing or
being used with LSI Devices.
1.7. "Updates" means maintenance releases, bug fixes, errata or other
corrections, and minor improvements or modifications to the LSI Licensed
Code which may be provided by LSI to Licensee from time to time at LSI's
sole discretion. LSI is under no obligation to provide Updates or provide
support and maintenance services to Licensee Subsequent Users.
1.8. "New Version" means significant changes, modifications, enhancements,
and/or functional improvements to the LSI Licensed Code. New Versions are
made and generally distributed solely at the discretion of LSI. Licensee
must use the latest New Version of LSI Licensed Code that is available. LSI
is under no obligation to port any development work from one version to the
latest New Version of LSI Licensed Code.
1.9. "LSI Devices" means those LSI products intended for use with the LSI
Licensed Code and purchased from LSI or its agents.
1.10. "Derivative Works" means: (a) for copyrightable or copyrighted
material, any translation (including translation into other computer
languages), port, modification, correction, addition, extension, upgrade,
improvement, compilation, abridgment or other form in which an existing work
may be recast, transformed or adapted; (b) for patentable or patented
material, any improvement thereon; and (c) for material which is protected
by trade secret, any new material derived from such existing trade secret
material, including new material which may be protected by copyright, patent
and/or trade secret.
1.11. "Intellectual Property Rights" means (by whatever name or term known
or designated) copyrights, trade secrets, patents, moral rights and any
other intellectual and industrial property and proprietary rights (excluding
trademarks) including registrations, applications, renewals and extensions
of such rights anywhere in the world.
1.12. "LSI Binary Code" means the software programs provided for
distribution at the LSI Download Center, in binary form, any other machine
readable materials, including, but not limited to, libraries, source files,
header files, and data files, any Updates and New Versions provided by LSI.
1.13. "LSI Source Code" means the software programs provided for
distribution at the LSI Download Center, in source form including, but not
limited to, libraries, source files, header files, and data files, and
Updates and New Versions provided by LSI.
1.14. "LSI Internal Use Code" means the software programs provided for
distribution at the LSI Download Center, in source code or object code
format including, but not limited to, libraries, source files, header files,
and data files, and Updates and New Versions provided by LSI that are only
for Licensee's internal use.
1.15. "JRE Code" mean Oracle Corporation's JAVA SE Runtime Environment Code.
1.16. "Subsequent User" means any user subsequent to Licensee, including but
not limited to, all Licensee customers, resellers, end users, and OEMs.
1.17 "Taxes" shall mean all taxes, levies, imposts, duties, fines or other
charges of whatsoever nature however imposed by any country or any
subdivision or authority thereof in any way connected with this Agreement or
any instrument or agreement required hereunder, and all interest, penalties
or similar liabilities with respect thereto, except such taxes as are
imposed on or measured by a party's net income or property.
2. Grant of Rights
2.1 LSI Binary Code. Subject to the terms of this Agreement, LSI grants to
Licensee a non-exclusive, world-wide, revocable (for breach in accordance with
Section 7), non-transferable limited license, without the right to sublicense
except as expressly provided herein, solely to:
(a) Use the LSI Binary Code and related Explanatory Materials solely for the
Authorized Use for Binary Code and only with LSI Devices
(b) Make copies of the LSI Binary Code and related Explanatory Materials to
support the Authorized Use for Binary Code and for archival and backup
purposes in support of the Authorized Use for Binary Code only with LSI
Devices;
(c) Distribute the LSI Binary Code as incorporated in Licensee's Products or
for use with LSI Devices to its Subsequent Users;
(d) Distribute the Explanatory Materials related to LSI Binary Code only for
use with LSI Devices;
(e) Sublicense the rights provided in paragraphs (a) and (b) above in
accordance with the terms provided in this Agreement to contract
manufacturers ("CMs") and/or original design manufacturers ("ODMs"), in each
case meeting the requirements of Section 3.1(d) below for the purpose of
manufacturing Licensee's Products; and (f) Sublicense the rights provided in
paragraphs (b) and (c) in accordance with the terms provided in this
Agreement to Subsequent Users who are not end users for the purpose of
distributing and supporting Licensee's Product.
2.2 LSI Source Code. Subject to the terms of this Agreement, LSI grants to
Licensee a non-exclusive, worldwide, revocable (for breach in accordance with
Section 7), non-transferable limited license, without the right to sublicense
except as expressly provided herein, solely to:
(a) Use the LSI Source Code and related Explanatory Materials solely for the
Authorized Use for Source Code and only with LSI Devices;
(b) Make copies of the LSI Source Code and related Explanatory Material to
support the Authorized Use for Source Code only and for archival and backup
purposes in support of the Authorized use for Source Code only with LSI
Devices;
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3.2. LSI Source Code. The Licenses granted in Section 2.2 for LSI Source Code
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whole or in part.
3.9. LSI Licensed Code Containing JRE. Certain LSI Licensed Code may contain
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Desktop Computers and Servers, as defined below. Licensee may seek its own
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Purposes Desktop Computers and Servers" under JRE licensing terms is defined as
"computers, including desktop, laptop and tablet computers, or servers, used for
general computing functions under end user control (such as but not specifically
limited to email, general purpose Internet browsing and office suite
productivity tools)". The full terms and conditions for use of the JRE are
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http://www.oracle.com/technetwork/java/javase/terms/license/index.html.
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event less than reasonable care and for no less than three (3) years from
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or maintenance of LSI Licensed Code to Licensee or its Subsequent Users,
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7. Term and Termination
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7.2 Termination for Breach. If Licensee breaches any material provision of
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7.3 Insolvency. If either party: (a) becomes substantially insolvent; (b)
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receiver appointed; or (e) institutes any proceedings for liquidation or
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7.4 Consequences. Upon termination or expiration of this Agreement for any
reason whatsoever, the licenses, rights, and covenants granted hereunder and
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7.5 Return of Confidential Information. Upon expiration or termination of
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7.6 Survival of Licenses. Any LSI Licensed Code and Explanatory Materials
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7.7 Survival. In the event of expiration or termination of this Agreement
for any reason, the following sections of this Agreement shall survive: 1,
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8. Disclaimer of All Warranties
8.1 THE PARTIES AGREE THAT LSI FURNISHES THE LSI LICENSED CODE AND
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LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD LSI HARMLESS AGAINST ANY LOSS,
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WORKS OF LSI SOURCE CODE.
9. Limitation of Liability
IN NO EVENT SHALL LSI, ITS EMPLOYEES, AFFILIATES ORSUPPLIERS BE LIABLE FOR
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GOODS OR SERVICES, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY
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OR INABILTY TO USE THE LSI LICENSED CODE OR EXPLANATORY MATERIALS, EVEN IF
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10. General
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Vice President
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LSI Corporation
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Fax: (610) 712-1450
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10.8 Other Rights. Nothing contained in this Agreement shall be construed as
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third party any license or other right except, solely as to the parties
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10.9 Integration; Modification. This Agreement embodies the final, complete
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10.10 Publicity. All publicity concerning this transaction referring to the
other party shall require the other party's prior written approval which
shall not be unreasonably withheld.
10.11 Relationship of the Parties. The relationship of the parties hereto is
that of independent contractors. Neither party, nor its agents or employees,
shall be deemed to be the agent, employee, joint venture partner, partner or
fiduciary of the other party. Neither party shall have the right to bind the
other party, transact any business on behalf of or in the name of the other
party, or incur any liability for or on behalf of the other party.
LTX Video-2B-Distilled-04-25 (“LTXV”)
By Lightricks Ltd. (“Lightricks”)
LTXV Open Weights License
Version Release date: April 17, 2025
By using or distributing any portion or element of the Model (including, without limitation, the Complementary Materials), you agree to be bound by this Agreement.
1. Definitions
1.1. “Agreement” means the terms and conditions for the license, use, reproduction, and distribution of the Model and the Complementary Materials, as specified in this document.
1.2. “Complementary Material” means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc., if any.
1.3. “Data” means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this Agreement.
1.4. “Derivatives of the Model” means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including – but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
1.5. “Harm” includes but is not limited to physical, mental, psychological, financial and reputational damage, pain, or loss.
1.6. “Licensor” means the owner that is granting the license under this Agreement. For the purposes of this Agreement, the Licensor is Lightricks Ltd.
1.7. “Model” means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the Lightricks’ Model “LTX Video-2B-Distilled-04-25” model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
1.8. “Output” means the results of operating a Model as embodied in informational content resulting therefrom.
1.9. “you” (or “your”) means an individual or legal entity licensing the Model in accordance with this Agreement and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator, image generator.
2. Grant of License. Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Licensor’s intellectual property or other rights owned by Licensor embodied in the Model and/or the Complementary Materials to use, reproduce, prepare, distribute, publicly display, publicly perform, sublicense, copy, create derivative works of, and make modifications to the Model, for any purpose, subject to the restrictions set forth in Attachment A; provided however, that entities with annual revenues of at least $10,000,000 (the “Commercial Entities”) are eligible to obtain a paid commercial use license, subject to the terms and provisions of a different license (the “Commercial Use Agreement”), as will be provided by the Licensor. Commercial Entities interested in such a commercial license are required to contact Licensor at ltxv-licensing@lightricks.com. Any commercial use of the Model or Derivatives of the Model by the Commercial Entities not in accordance with this Agreement and/or the Commercial Use Agreement is strictly prohibited and shall be deemed a material breach of this Agreement. Such material breach will be subject, in addition to any license fees owed to Licensor for the period such Commercial Entity used the Model (as will be determined by Licensor), to liquidated damages, which will be paid to Licensor immediately upon demand, in an amount equal to double the amount that would otherwise have been paid by you for the relevant period of time. Such amount reflects a reasonable estimation of the losses and administrative costs incurred due to such breach. You agree and understand that this remedy does not limit the Licensor's right to pursue other remedies available at law or equity.
3. Distribution and Redistribution. You may host for third parties remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that you meet the following conditions:
3.1. Use-based restrictions as referenced in paragraph 4 MUST be included as an enforceable provision by you in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and you shall give notice to subsequent users you distribute to, that the Model or Derivatives of the Model are subject to paragraph 4. This provision does not apply to the use of Complementary Material.
3.2. You must give any third party recipients of the Model or Derivatives of the Model a copy of this Agreement;
3.3. You must cause any modified files to carry prominent notices stating that you changed the files;
3.4. You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model.
You may add your own copyright statement to your modifications and may provide additional or different license terms and conditions - respecting paragraph 3.1 - for use, reproduction, or distribution of your modifications, or for any such Derivatives of the Model as a whole, provided your use, reproduction, and distribution of the Model otherwise complies with the conditions stated in this Agreement.
4. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore, you cannot use the Model and the Derivatives of the Model in violation of the specified restricted uses. You may use the Model subject to this Agreement, including only for lawful purposes and in accordance with the Agreement. “Use” may include creating any content with, fine-tuning, updating, running, training, evaluating and/or re-parametrizing the Model. You shall require all of your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph 4.
5. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output you generate using the Model. You are accountable for input you insert into the Model, the Output you generate and its subsequent uses. No use of the Output can contravene any provision as stated in the Agreement.
6. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this Agreement, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model. Any use of the non-current version of the Model is done solely at your risk.
7. Trademarks and related. Nothing in this Agreement permits you to make use of Licensor’s trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensor.
8. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with your exercise of permissions under this Agreement.
9. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Licensor be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Licensor has been advised of the possibility of such damages.
10. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, you may, provided you do not violate the terms of this Agreement, choose to offer and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations. However, in accepting such obligations, you may act only on your own behalf and on your sole responsibility, not on behalf of Licensor, and only if you agree to indemnify, defend, and hold Licensor harmless for any liability incurred by, or claims asserted against Licensor, by reason of your accepting any such warranty or additional liability.
11. Governing Law. This Agreement and all relations, disputes, claims and other matters arising hereunder (including non-contractual disputes or claims) will be governed exclusively by, and construed exclusively in accordance with, the laws of the State of New York. To the extent permitted by law, choice of laws rules and the United Nations Convention on Contracts for the International Sale of Goods will not apply. For the purposes of adjudicating any action or proceeding to enforce the terms of this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of, and venue in, the federal and state courts located in the County of New York within the State of New York. The prevailing party in any claim or dispute between the parties under this Agreement will be entitled to reimbursement of its reasonable attorneys’ fees and costs. You hereby waive the right to a trial by jury, to participate in a class or representative action (including in arbitration), or to combine individual proceedings in court or in arbitration without the consent of all parties.
12. Disputes and Arbitration. All disputes arising in connection with this Agreement shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”), by one (1) arbitrator appointed in accordance with the ICC Rules. The seat of arbitration shall be New York, NY, USA, and the proceedings shall be conducted in English. The arbitrator shall be empowered to grant any relief that a court could grant. Judgment on the arbitration award may be entered by any court having jurisdiction thereof. Each party waives its right to a trial by jury and to participate in any class or representative action.
13. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or its Derivatives in any of the following ways:
(a) In any way that violates any applicable national, federal, state, local or international law or regulation;
(b) For the purpose of exploiting, Harming or attempting to exploit or Harm minors in any way;
(c) To generate or disseminate false information and/or content with the purpose of Harming others;
(d) To generate or disseminate personal identifiable information that can be used to Harm an individual;
(e) To generate or disseminate information and/or content (e.g. images, code, posts, articles), and place the information and/or content in any context (e.g. bot generating tweets) without expressly and intelligibly disclaiming that the information and/or content is machine generated;
(f) To defame, disparage or otherwise harass others;
(g) To impersonate or attempt to impersonate (e.g. deepfakes) others without their consent;
(h) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
(i) For any use intended to or which has the effect of discriminating against or Harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
(j) To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological Harm;
(k) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
(a) To provide medical advice and medical results interpretation;
(l) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
(m) To generate and/or disseminate malware (including – but not limited to – ransomware) or any other content to be used for the purpose of harming electronic systems;
(n) To engage in, promote, incite, or facilitate discrimination or other unlawful of harmful conduct in the provision of employment, employment benefits, credit, housing, or other essential goods and services;
(o) To engage in, promote, incite, or facilitate the harassment, abuse, threatening, or bullying of individuals or groups of individuals.
LTX Video-13b-0.9.7-dev-fp8 (“LTXV”)
By Lightricks Ltd. (“Lightricks”)
LTXV Open Weights License
Version Release date: May 5, 2025
By using or distributing any portion or element of the Model (including, without limitation, the Complementary Materials), you agree to be bound by this Agreement.
1. Definitions
1.1. “Agreement” means the terms and conditions for the license, use, reproduction, and distribution of the Model and the Complementary Materials, as specified in this document.
1.2. “Complementary Material” means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc., if any.
1.3. “Data” means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this Agreement.
1.4. “Derivatives of the Model” means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including – but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
1.5. “Harm” includes but is not limited to physical, mental, psychological, financial and reputational damage, pain, or loss.
1.6. “Licensor” means the owner that is granting the license under this Agreement. For the purposes of this Agreement, the Licensor is Lightricks Ltd.
1.7. “Model” means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the Lightricks’ Model “LTX Video-13b-0.9.7-dev-fp8” model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
1.8. “Output” means the results of operating a Model as embodied in informational content resulting therefrom.
1.9. “you” (or “your”) means an individual or legal entity licensing the Model in accordance with this Agreement and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator, image generator.
2. Grant of License. Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Licensor’s intellectual property or other rights owned by Licensor embodied in the Model and/or the Complementary Materials to use, reproduce, prepare, distribute, publicly display, publicly perform, sublicense, copy, create derivative works of, and make modifications to the Model, for any purpose, subject to the restrictions set forth in Attachment A; provided however, that entities with annual revenues of at least $10,000,000 (the “Commercial Entities”) are eligible to obtain a paid commercial use license, subject to the terms and provisions of a different license (the “Commercial Use Agreement”), as will be provided by the Licensor. Commercial Entities interested in such a commercial license are required to contact Licensor at ltxv-licensing@lightricks.com. Any commercial use of the Model or Derivatives of the Model by the Commercial Entities not in accordance with this Agreement and/or the Commercial Use Agreement is strictly prohibited and shall be deemed a material breach of this Agreement. Such material breach will be subject, in addition to any license fees owed to Licensor for the period such Commercial Entity used the Model (as will be determined by Licensor), to liquidated damages, which will be paid to Licensor immediately upon demand, in an amount equal to double the amount that would otherwise have been paid by you for the relevant period of time. Such amount reflects a reasonable estimation of the losses and administrative costs incurred due to such breach. You agree and understand that this remedy does not limit the Licensor's right to pursue other remedies available at law or equity.
3. Distribution and Redistribution. You may host for third parties remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that you meet the following conditions:
3.1. Use-based restrictions as referenced in paragraph 4 MUST be included as an enforceable provision by you in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and you shall give notice to subsequent users you distribute to, that the Model or Derivatives of the Model are subject to paragraph 4. This provision does not apply to the use of Complementary Material.
3.2. You must give any third party recipients of the Model or Derivatives of the Model a copy of this Agreement;
3.3. You must cause any modified files to carry prominent notices stating that you changed the files;
3.4. You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model.
You may add your own copyright statement to your modifications and may provide additional or different license terms and conditions - respecting paragraph 3.1 - for use, reproduction, or distribution of your modifications, or for any such Derivatives of the Model as a whole, provided your use, reproduction, and distribution of the Model otherwise complies with the conditions stated in this Agreement.
4. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore, you cannot use the Model and the Derivatives of the Model in violation of the specified restricted uses. You may use the Model subject to this Agreement, including only for lawful purposes and in accordance with the Agreement. “Use” may include creating any content with, fine-tuning, updating, running, training, evaluating and/or re-parametrizing the Model. You shall require all of your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph 4.
5. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output you generate using the Model. You are accountable for input you insert into the Model, the Output you generate and its subsequent uses. No use of the Output can contravene any provision as stated in the Agreement.
6. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this Agreement, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model. Any use of the non-current version of the Model is done solely at your risk.
7. Trademarks and related. Nothing in this Agreement permits you to make use of Licensor’s trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensor.
8. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with your exercise of permissions under this Agreement.
9. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Licensor be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Licensor has been advised of the possibility of such damages.
10. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, you may, provided you do not violate the terms of this Agreement, choose to offer and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations. However, in accepting such obligations, you may act only on your own behalf and on your sole responsibility, not on behalf of Licensor, and only if you agree to indemnify, defend, and hold Licensor harmless for any liability incurred by, or claims asserted against Licensor, by reason of your accepting any such warranty or additional liability.
11. Governing Law. This Agreement and all relations, disputes, claims and other matters arising hereunder (including non-contractual disputes or claims) will be governed exclusively by, and construed exclusively in accordance with, the laws of the State of New York. To the extent permitted by law, choice of laws rules and the United Nations Convention on Contracts for the International Sale of Goods will not apply. For the purposes of adjudicating any action or proceeding to enforce the terms of this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of, and venue in, the federal and state courts located in the County of New York within the State of New York. The prevailing party in any claim or dispute between the parties under this Agreement will be entitled to reimbursement of its reasonable attorneys’ fees and costs. You hereby waive the right to a trial by jury, to participate in a class or representative action (including in arbitration), or to combine individual proceedings in court or in arbitration without the consent of all parties.
12. Disputes and Arbitration. All disputes arising in connection with this Agreement shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”), by one (1) arbitrator appointed in accordance with the ICC Rules. The seat of arbitration shall be New York, NY, USA, and the proceedings shall be conducted in English. The arbitrator shall be empowered to grant any relief that a court could grant. Judgment on the arbitration award may be entered by any court having jurisdiction thereof. Each party waives its right to a trial by jury and to participate in any class or representative action.
13. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or its Derivatives in any of the following ways:
(a) In any way that violates any applicable national, federal, state, local or international law or regulation;
(b) For the purpose of exploiting, Harming or attempting to exploit or Harm minors in any way;
(c) To generate or disseminate false information and/or content with the purpose of Harming others;
(d) To generate or disseminate personal identifiable information that can be used to Harm an individual;
(e) To generate or disseminate information and/or content (e.g. images, code, posts, articles), and place the information and/or content in any context (e.g. bot generating tweets) without expressly and intelligibly disclaiming that the information and/or content is machine generated;
(f) To defame, disparage or otherwise harass others;
(g) To impersonate or attempt to impersonate (e.g. deepfakes) others without their consent;
(h) For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
(i) For any use intended to or which has the effect of discriminating against or Harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
(j) To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological Harm;
(k) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
(a) To provide medical advice and medical results interpretation;
(l) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
(m) To generate and/or disseminate malware (including – but not limited to – ransomware) or any other content to be used for the purpose of harming electronic systems;
(n) To engage in, promote, incite, or facilitate discrimination or other unlawful of harmful conduct in the provision of employment, employment benefits, credit, housing, or other essential goods and services;
(o) To engage in, promote, incite, or facilitate the harassment, abuse, threatening, or bullying of individuals or groups of individuals.
Lucent Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
1. in the case of <ORGANIZATION> ("<OWNER>"), the Original Program, and
2. in the case of each Contributor,
1. changes to the Program, and
2. additions to the Program; where such changes and/or additions to the
Program originate from and are "Contributed" by that particular
Contributor.
A Contribution is "Contributed" by a Contributor only (i) if it was added
to the Program by such Contributor itself or anyone acting on such
Contributor's behalf, and (ii) the Contributor explicitly consents, in
accordance with Section 3C, to characterization of the changes and/or
additions as Contributions. Contributions do not include additions to the
Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii)
are not derivative works of the Program.
"Contributor" means <OWNER> and any other entity that has Contributed a
Contribution to the Program.
"Distributor" means a Recipient that distributes the Program, modifications to
the Program, or any part thereof.
"Licensed Patents" mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Original Program" means the original version of the software accompanying this
Agreement as released by <OWNER>, including source code, object code and
documentation, if any.
"Program" means the Original Program and Contributions or any part thereof
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
1. Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any, and
such derivative works, in source code and object code form.
2. Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents to make, use, sell, offer to sell, import and otherwise
transfer the Contribution of such Contributor, if any, in source code and
object code form. The patent license granted by a Contributor shall also
apply to the combination of the Contribution of that Contributor and the
Program if, at the time the Contribution is added by the Contributor, such
addition of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license granted by a Contributor shall not apply
to (i) any other combinations which include the Contribution, nor to (ii)
Contributions of other Contributors. No hardware per se is licensed
hereunder.
3. Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor disclaims
any liability to Recipient for claims brought by any other entity based on
infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is required to
allow Recipient to distribute the Program, it is Recipient's responsibility
to acquire that license before distributing the Program.
4. Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license
set forth in this Agreement.
3. REQUIREMENTS
A. Distributor may choose to distribute the Program in any form under this
Agreement or under its own license agreement, provided that:
1. it complies with the terms and conditions of this Agreement;
2. if the Program is distributed in source code or other tangible form, a
copy of this Agreement or Distributor's own license agreement is included
with each copy of the Program; and
3. if distributed under Distributor's own license agreement, such license
agreement:
1. effectively disclaims on behalf of all Contributors all warranties
and conditions, express and implied, including warranties or conditions
of title and non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose;
2. effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits; and
3. states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party.
B. Each Distributor must include the following in a conspicuous location in the
Program:
Copyright (C) <YEAR>, <ORGANIZATION> and others. All Rights Reserved.
C. In addition, each Contributor must identify itself as the originator of its
Contribution, if any, and indicate its consent to characterization of its
additions and/or changes as a Contribution, in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution. Once
consent is granted, it may not thereafter be revoked.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Distributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for Contributors. Therefore, if a
Distributor includes the Program in a commercial product offering, such
Distributor ("Commercial Distributor") hereby agrees to defend and indemnify
every Contributor ("Indemnified Contributor") against any losses, damages and
costs (collectively "Losses") arising from claims, lawsuits and other legal
actions brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial Distributor in
connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Distributor in writing of such claim, and b) allow the Commercial Distributor to
control, and cooperate with the Commercial Distributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may participate in
any such claim at its own expense.
For example, a Distributor might include the Program in a commercial product
offering, Product X. That Distributor is then a Commercial Distributor. If that
Commercial Distributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Distributor's responsibility alone. Under this section, the
Commercial Distributor would have to defend claims against the Contributors
related to those performance claims and warranties, and if a court requires any
Contributor to pay any damages as a result, the Commercial Distributor must pay
those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its exercise of
rights under this Agreement, including but not limited to the risks and costs of
program errors, compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such Recipient
under this Agreement shall terminate as of the date such litigation is filed. In
addition, if Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue and
survive.
<OWNER> may publish new versions (including revisions) of this Agreement from
time to time. Each new version of the Agreement will be given a distinguishing
version number. The Program (including Contributions) may always be distributed
subject to the version of the Agreement under which it was received. In
addition, after a new version of the Agreement is published, Contributor may
elect to distribute the Program (including its Contributions) under the new
version. No one other than <OWNER> has the right to modify this Agreement.
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
no rights or licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel or otherwise. All rights
in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of <STATE> and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial in
any resulting litigation.
Lucent Public License Version 1.02
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
1. in the case of ORGANIZATION ("OWNER"), the Original Program, and
2. in the case of each Contributor,
1. changes to the Program, and
2. additions to the Program;
where such changes and/or additions to the Program were added to the Program by such Contributor itself or anyone acting on such Contributor's behalf, and the Contributor explicitly consents, in accordance with Section 3C, to characterization of the changes and/or additions as Contributions.
"Contributor" means OWNER and any other entity that has Contributed a Contribution to the Program.
"Distributor" means a Recipient that distributes the Program, modifications to the Program, or any part thereof.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Original Program" means the original version of the software accompanying this Agreement as released by OWNER, including source code, object code and documentation, if any.
"Program" means the Original Program and Contributions or any part thereof
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. The patent license granted by a Contributor shall also apply to the combination of the Contribution of that Contributor and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license granted by a Contributor shall not apply to (i) any other combinations which include the Contribution, nor to (ii) Contributions of other Contributors. No hardware per se is licensed hereunder.
c. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A. Distributor may choose to distribute the Program in any form under this Agreement or under its own license agreement, provided that:
1. it complies with the terms and conditions of this Agreement;
2. if the Program is distributed in source code or other tangible form, a copy of this Agreement or Distributor's own license agreement is included with each copy of the Program; and
3. if distributed under Distributor's own license agreement, such license agreement:
1. effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
2. effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; and
3. states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party.
B. Each Distributor must include the following in a conspicuous location in the Program:
Copyright (C) YEAR, ORGANIZATION and others. All Rights Reserved.
C. In addition, each Contributor must identify itself as the originator of its Contribution in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. Also, each Contributor must agree that the additions and/or changes are intended to be a Contribution. Once a Contribution is contributed, it may not thereafter be revoked.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Distributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for Contributors. Therefore, if a Distributor includes the Program in a commercial product offering, such Distributor ("Commercial Distributor") hereby agrees to defend and indemnify every Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Distributor in writing of such claim, and b) allow the Commercial Distributor to control, and cooperate with the Commercial Distributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Distributor might include the Program in a commercial product offering, Product X. That Distributor is then a Commercial Distributor. If that Commercial Distributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Distributor's responsibility alone. Under this section, the Commercial Distributor would have to defend claims against the Contributors related to those performance claims and warranties, and if a court requires any Contributor to pay any damages as a result, the Commercial Distributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT CONTROL
Recipient agrees that Recipient alone is responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries).
8. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
LUCENT may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than LUCENT has the right to modify this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by Ben Laurie
for use in the Lucre project."
4. The name "Lucre" must not be used to
endorse or promote products derived from this software without
prior written permission.
5. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by Ben Laurie
for use in the Lucre project."
THIS SOFTWARE IS PROVIDED BY BEN LAURIE ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL BEN LAURIE OR
HIS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
General usage terms:
*) If you use/redistribute compiled binary, there are no restrictions.
You can use it in any project, commercial and no-commercial.
*) It's allowed to complile source code parts to your application,
but then you may not rename class names and namespaces.
*) Anything is possible, if special agreement between LumiSoft.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE
FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Luxi fonts copyright (c) 2001 by Bigelow & Holmes Inc. Luxi font instruction
code copyright (c) 2001 by URW++ GmbH. All Rights Reserved. Luxi is a regis-
tered trademark of Bigelow & Holmes Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy
of these Fonts and associated documentation files (the "Font Software"), to
deal in the Font Software, including without limitation the rights to use,
copy, merge, publish, distribute, sublicense, and/or sell copies of the Font
Software, and to permit persons to whom the Font Software is furnished to do
so, subject to the following conditions:
The above copyright and trademark notices and this permission notice shall be
included in all copies of one or more of the Font Software.
The Font Software may not be modified, altered, or added to, and in particu-
lar the designs of glyphs or characters in the Fonts may not be modified nor
may additional glyphs or characters be added to the Fonts. This License
becomes null and void when the Fonts or Font Software have been modified.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT,
TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BIGELOW & HOLMES INC. OR URW++
GMBH. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GEN-
ERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR
INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFT-
WARE.
Except as contained in this notice, the names of Bigelow & Holmes Inc. and
URW++ GmbH. shall not be used in advertising or otherwise to promote the
sale, use or other dealings in this Font Software without prior written
authorization from Bigelow & Holmes Inc. and URW++ GmbH.
For further information, contact:
info@urwpp.de or design@bigelowandholmes.com
YOU MAY NOT
(1) Remove or modify this copyright notice.
(2) Re-distribute this code or any part of it.
Instead, you may link to the homepage of this code:
http:www.php-development.ru/javascripts/dropdown.php
YOU MAY
(1) Use this code on your website.
(2) Use this code as part of another product.
NO WARRANTY
This code is provided "as is" without warranty of any kind.
You expressly acknowledge and agree that use of this code is at your own risk.
YOU MAY NOT
(1) Remove or modify this copyright notice.
(2) Re-distribute this code or any part of it.
Instead, you may link to the homepage of this code:
http://www.php-development.ru/javascripts/popup-window.php
YOU MAY
(1) Use this code on your website.
(2) Use this code as part of another product.
NO WARRANTY
This code is provided "as is" without warranty of any kind.
You expressly acknowledge and agree that use of this code is at your own risk.
Special exception for LZMA compression module
Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for NSIS,
expressly permit you to statically or dynamically link your code (or bind by name)
to the files from the LZMA compression module for NSIS without subjecting your linked code
to the terms of the Common Public license version 1.0. Any modifications or additions to
files from the LZMA compression module for NSIS, however, are subject to the
terms of the Common Public License version 1.0.
SPECIAL EXCEPTION:
Igor Pavlov, as the author of this code, expressly permits you to
statically or dynamically link your code (or bind by name) to the
interfaces of this file without subjecting your linked code to the
terms of the CPL or GNU LGPL. Any modifications or additions
to this file, however, are subject to the LGPL or CPL terms.
LZMA SDK 4.40 Copyright (c) 1999-2006 Igor Pavlov (2006-05-01)
http://www.7-zip.org/
LZMA SDK is licensed under two licenses:
1) GNU Lesser General Public License (GNU LGPL)
2) Common Public License (CPL)
It means that you can select one of these two licenses and
follow rules of that license.
SPECIAL EXCEPTION:
Igor Pavlov, as the author of this code, expressly permits you to
statically or dynamically link your code (or bind by name) to the
interfaces of this file without subjecting your linked code to the
terms of the CPL or GNU LGPL. Any modifications or additions
to this file, however, are subject to the LGPL or CPL terms.
LZMA SDK provides the documentation, samples, header files, libraries,
and tools you need to develop applications that use LZMA compression.
LICENSE
-------
LZMA SDK is available under any of the following licenses:
1) GNU Lesser General Public License (GNU LGPL)
2) Common Public License (CPL)
3) Common Development and Distribution License (CDDL) Version 1.0
4) Simplified license for unmodified code (read SPECIAL EXCEPTION)
It means that you can select one of these options and follow rules of that license.
1,2,3) GNU LGPL, CPL and CDDL licenses are classified as
- "Free software licenses" at http://www.gnu.org/
- "OSI-approved" at http://www.opensource.org/
4) Simplified license for unmodified code (read SPECIAL EXCEPTION)
Igor Pavlov, as the author of this code, expressly permits you
to statically or dynamically link your code (or bind by name)
to the files from LZMA SDK.
SPECIAL EXCEPTION allows you to use LZMA SDK in applications with closed code,
while you keep LZMA SDK code unmodified.
SPECIAL EXCEPTION #2: Igor Pavlov, as the author of this code, expressly permits
you to use this code under the same terms and conditions contained in the License
Agreement you have for any previous version of LZMA SDK developed by Igor Pavlov.
SPECIAL EXCEPTION #2 allows owners of proprietary licenses to use latest version
of LZMA SDK as update for previous versions.
Some files in LZMA SDK are placed in public domain.
Some of these "public domain" files:
C\Types.h,
C\LzmaLib.*
C\LzmaLibUtil.*
LzmaAlone.cpp,
LzmaAlone.cs,
LzmaAlone.java
So you can change them as you want and use "SPECIAL EXCEPTION"
for other unmodified files. For example, you can edit C\Types.h to solve some
compatibility problems with your compiler.
-----
You should have received a copy of the GNU Lesser General Public
License along with this library; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
You should have received a copy of the Common Public License
along with this library.
You should have received a copy of the Common Development and Distribution
License Version 1.0 along with this library.
LICENSE
-------
LZMA SDK is written and placed in the public domain by Igor Pavlov.
Some code in LZMA is based on public domain code from another developers:
1) PPMd var.H (2001): Dmitry Shkarin
2) SHA-256: Wei Dai (Crypto++ library)
LICENSE
-------
LZMA SDK is written and placed in the public domain by Igor Pavlov.
Some code in LZMA SDK is based on public domain code from another developers:
1) PPMd var.H (2001): Dmitry Shkarin
2) SHA-256: Wei Dai (Crypto++ library)
Anyone is free to copy, modify, publish, use, compile, sell, or distribute the
original LZMA SDK code, either in source code form or as a compiled binary, for
any purpose, commercial or non-commercial, and by any means.
LZMA SDK code is compatible with open source licenses, for example, you can
include it to GNU GPL or GNU LGPL code.
LZMA SDK provides the documentation, samples, header files, libraries,
and tools you need to develop applications that use LZMA compression.
LICENSE
-------
LZMA SDK is available under any of the following licenses:
1) GNU Lesser General Public License (GNU LGPL)
2) Common Public License (CPL)
3) Simplified license for unmodified code (read SPECIAL EXCEPTION)
4) Proprietary license
It means that you can select one of these four options and follow rules of that license.
1,2) GNU LGPL and CPL licenses are pretty similar and both these
licenses are classified as
- "Free software licenses" at http://www.gnu.org/
- "OSI-approved" at http://www.opensource.org/
3) SPECIAL EXCEPTION
Igor Pavlov, as the author of this code, expressly permits you
to statically or dynamically link your code (or bind by name)
to the files from LZMA SDK without subjecting your linked
code to the terms of the CPL or GNU LGPL.
Any modifications or additions to files from LZMA SDK, however,
are subject to the GNU LGPL or CPL terms.
SPECIAL EXCEPTION allows you to use LZMA SDK in applications with closed code,
while you keep LZMA SDK code unmodified.
SPECIAL EXCEPTION #2: Igor Pavlov, as the author of this code, expressly permits
you to use this code under the same terms and conditions contained in the License
Agreement you have for any previous version of LZMA SDK developed by Igor Pavlov.
SPECIAL EXCEPTION #2 allows owners of proprietary licenses to use latest version
of LZMA SDK as update for previous versions.
SPECIAL EXCEPTION #3: Igor Pavlov, as the author of this code, expressly permits
you to use code of the following files:
BranchTypes.h, LzmaTypes.h, LzmaTest.c, LzmaStateTest.c, LzmaAlone.cpp,
LzmaAlone.cs, LzmaAlone.java
as public domain code.
4) Proprietary license
LZMA SDK also can be available under a proprietary license which
can include:
1) Right to modify code without subjecting modified code to the
terms of the CPL or GNU LGPL
2) Technical support for code
To request such proprietary license or any additional consultations,
send email message from that page:
http://www.7-zip.org/support.html
You should have received a copy of the GNU Lesser General Public
License along with this library; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
You should have received a copy of the Common Public License
along with this library.
LICENSE
-------
LZMA SDK is written and placed in the public domain by Igor Pavlov.
These fonts are free software.
Unlimited permission is granted to use, copy, and distribute them, with or
without modification, either commercially or noncommercially.
THESE FONTS ARE PROVIDED "AS IS" WITHOUT WARRANTY.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer,
without modification.
2. Redistributions in binary form must reproduce at minimum a disclaimer
similar to the "NO WARRANTY" disclaimer below ("Disclaimer") and any
redistribution must be conditioned upon including a substantially
similar Disclaimer requirement for further binary redistribution.
3. Neither the names of the above-listed copyright holders nor the names
of any contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
Alternatively, this software may be distributed under the terms of the
GNU General Public License ("GPL") version 2 as published by the Free
Software Foundation.
NO WARRANTY
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTIBILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
This software may be freely used, transmitted, reproduced, or modified provided that
the copyright notice and this permission is retained.
MAgPIE LICENSE EXCEPTION
Version 1.0
This MAgPIE Exception ("Exception") is an additional permission under
section 7 of the GNU Affero General Public License, version 3 (AGPL-3.0). It
applies to a given file that bears a notice placed by the copyright holder
of the file stating that the file is governed by AGPL-3.0 along with this
Exception.
Grant of Additional Permissions.
1.
In the event that you are required by any provision of the AGPL-3.0 to
provide or make available the Corresponding Source of the Program as defined
under section 1 of the AGPL-3.0, you are exempt from this obligation to the
extent that the definition of Corresponding Source would also cover solver
libraries or other components of the General Algebraic Modeling System
(GAMS) required to run the Program.
2.
In the event that you convey the Program and the Program is linked with
libraries written for the R software environment ("R Libraries"), you are
not required to license these R Libraries under the AGPL-3-0 (or a
compatible license), provided the R Libraries are licensed under a Free and
Open Source license ("FOSS License"). A FOSS license is a license that meets
both the Open Source Definition of the Open Source Initaitive and the Free
Software Definition of the Free Software Foundation in its respective most
current form.
Rights are hereby granted to download, use, modify, sell, copy, and
redistribute this software so long as the original copyright notice
and this list of conditions remain intact and modified versions are
noted as such.
I would also very much appreciate it if you could send me a copy of
any changes you make so I can possibly integrate them into my version.
MakeHuman output GPL exception
==================================
As a special and limited exception, the copyright holders of the MakeHuman
assets grants the option to use CC0 1.0 Universal as published by the Creative
Commons,either version 1.0 of the License, or (at your option) any later version,
as a license for the MakeHuman characters exported under the conditions that
a) The assets were bundled in an export that was made using the file export
functionality inside an OFFICIAL and UNMODIFIED version of MakeHuman and/or
b) the asset solely consists of a 2D binary image in PNG, BMP or JPG format.
The short version of CC0 is as follows:
The person who associated a work with this deed has dedicated the work to the
public domain by waiving all of his or her rights to the work worldwide under
copyright law, including all related and neighboring rights, to the extent
allowed by law. You can copy, modify, distribute and perform the work, even
for commercial purposes, all without asking permission.
For an elaboration and clarification on our intention and interpretation of
these license terms see the License Explanation:
http://www.makehuman.org/content/license_explanation.html
MakeIndex Distribution Notice
Permission is hereby granted to make and distribute original copies of this
program provided that the copyright notice and this permission notice are
preserved and provided that the recipient is not asked to waive or limit his
right to redistribute copies as allowed by this permission notice and provided
that anyone who receives an executable form of this program is granted access
to a machine-readable form of the source code for this program at a cost not
greater than reasonable reproduction, shipping, and handling costs. Executable
forms of this program distributed without the source code must be accompanied
by a conspicuous copy of this permission notice and a statement that tells the
recipient how to obtain the source code.
Permission is granted to distribute modified versions of all or part of this
program under the conditions above with the additional requirement that the
entire modified work must be covered by a permission notice identical to this
permission notice. Anything distributed with and usable only in conjunction with
something derived from this program, whose useful purpose is to extend or adapt
or add capabilities to this program, is to be considered a modified version of
this program under the requirement above. Ports of this program to other systems
not supported in the distribution are also considered modified versions. All
modified versions should be reported back to the author.
This program is distributed with no warranty of any sort. No contributor accepts
responsibility for the consequences of using this program or for whether it
serves any particular purpose.
Redistribution and use of the MAME code or any derivative works are
permitted provided that the following conditions are met:
Redistributions may not be sold, nor may they be used in a
commercial product or activity.
Redistributions that are modified from the original source must
include the complete source code, including the source code for all
components used by a binary built from the modified sources.
However, as a special exception, the source code distributed need
not include anything that is normally distributed (in either source
or binary form) with the major components (compiler, kernel, and so
on) of the operating system on which the executable runs, unless
that component itself accompanies the executable.
Redistributions must reproduce the above copyright notice, this list
of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission is granted to distribute, modify and use this program
as long as this comment is not removed or changed.
Simple Terms of Use
Manfred’s fonts are free for private and charity use. They are even free for commercial use – but if there’s any profit, pls make a donation to organizations like Doctors Without Borders.
These fonts can NOT be included in any compilation CDs, disks or products, either commercial or shareware unless prior permission granted.
All typefaces were created by Manfred Klein 2001-2008.
Terms of service
Welcome to the future of mapping! We're glad you're here.
This website, www.mapbox.com (the "site"), is owned and operated by Mapbox, Inc. and our affiliates ("Mapbox", "we" or “us”). By using the site, services provided on the site, our proprietary software made available to you via the site, or map content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.
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Boundaries Evaluation
In the event we give you access to our administrative level polygon vector tiles (“Boundaries"), you shall:
only use Boundaries in conjunction with a Mapbox Map for the sole purpose of internally evaluating whether to license Boundaries from us under an enterprise agreement;
not (and shall not permit any third party to) trace or otherwise derive or extract content, data and/or information from Boundaries;
not copy, disassemble, reverse engineer (except to the limited extent such restrictions are expressly prohibited by applicable statutory law), modify or alter any part of Boundaries; and
not use Boundaries to test, validate or benchmark against any other product, service or dataset without our prior written consent (a “Permitted Benchmarking”); if there is a Permitted Benchmarking, you shall provide us with a summary of the results, which we may use free-of-charge and without restriction to improve our products and services.
We may terminate your access to Boundaries at any time. Upon the termination of your access to Boundaries, you shall immediately cease all use, and destroy all copies, of Boundaries. Upon our written request, you shall provide us with written certification of deletion in accordance with the immediately preceding sentence.
End Users and notification
You may not allow your End Users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify Mapbox in writing if you become aware of any misappropriation or unauthorized use of the Services.
Documentation
In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.
Charges and payment
You agree to pay all fees owed for your use of the Services (your “Order”), as calculated by our records based on our publicly available pricing, currently located at www.mapbox.com/pricing. All charges are non-refundable unless expressly prohibited by applicable law. We may charge your credit card on an recurring basis for any amounts that you owe us, some of which may require advance payments.
You acknowledge and agree that failure to use the current version of Mapbox Software may result in potentially different (and higher) fees being charged to you, and agree to pay any such fees as calculated by us.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.
We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Mapbox. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Our listed fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us to help us obtain any necessary withholding or royalty tax exemptions where applicable.
Notwithstanding the foregoing, all payments made by you to us under these Terms will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.
Ownership
Your content
You retain ownership of all content that you contribute to the Services via Mapbox Studio, Mapbox Studio Classic, the Dataset API, the Tileset API, and the Uploads API, excluding any content that you receive from Mapbox ("Your Content").
Limited to the purpose of hosting Your Content so that we can provide the Services to you, you hereby grant Mapbox a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to (and to engage service providers to) use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content. This right and license enables Mapbox to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant Mapbox these rights.
On termination of your account, Mapbox will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to the content may not be immediately removed.
Our content and third party content
Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of Mapbox and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Mapbox or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
Feedback
You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide to us relating to the Services.
Publicity
We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Mapbox customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.
Account cancellation or suspension
We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.
If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, Mapbox may cancel or suspend your account for any reason by providing you 30 days' advance notice.
Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.
Changes to services or terms
We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.
We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
Indemnification
You agree to indemnify and hold harmless Mapbox and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:
Your use of the Services;
Your violation of these Terms;
Your End Users’ use of the Services in or through an application or service you provide;
Content you or your End Users submit, post to, extracts from, or transmit through the Services.
Disclaimers
“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAPBOX DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPBOX OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Website operation. MAPBOX DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Non-Mapbox content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-MAPBOX CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-MAPBOX CONTENT. UNDER NO CIRCUMSTANCES WILL MAPBOX BE LIABLE FOR OR IN CONNECTION WITH THE NON-MAPBOX CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-MAPBOX CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-MAPBOX CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-MAPBOX CONTENT.
Accuracy. MAPBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Driving directions. DRIVING CAN BE DANGEROUS, AND USE OF OUR APIS IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE API, DO NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE. IF YOU USE THE DIRECTIONS API OR OPTIMIZED TRIPS API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.
Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Limitation of liability
Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL MAPBOX OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF MAPBOX OR A MAPBOX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAPBOX OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO MAPBOX IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.
Claim period. YOU AND MAPBOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO MAPBOX MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Digital Millennium Copyright Act compliance
If you are a copyright owner or an agent thereof, and believe that any user submission or other Mapbox content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Mapbox are covered by a single notification, a representative list of such works from Mapbox;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mapbox to locate the material;
Information reasonably sufficient to permit Mapbox to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please email your notification to the Legal Department at copyright@mapbox.com
Additional terms
You agree to keep the contact information associated with your Mapbox account current and complete.
You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.
You may not take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services.
Upon written notice to you, we may (or may appoint appoint a nationally recognized certified public accountant or independent auditor to) audit your use of the Services and Mapbox Software to ensure it is in compliance with these Terms. Any audit will be conducted during regular business hours, no more than once per 12-month period and upon at least 30 days’ prior written notice (except where we have reasonable belief that a violation of these Terms has occurred or is occurring), and will not unreasonably interfere with your business activities. You will provide us with reasonable access to the relevant records and facilities.
You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of Mapbox, which may be withheld for any reason or no reason at all. Mapbox may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate. These Terms shall benefit Mapbox and its successors and assignees.
These Terms are governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for San Francisco County, California, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Mapbox to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Mapbox reserves all rights not expressly granted to you.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mapbox as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Mapbox other than pursuant to these Terms.
Terms of Service
Last updated March 31, 2024
These terms and conditions govern your use of Mapbox’s services, unless you have an active executed order.
Welcome to the future of mapping! We're glad you're here.
This website, www.mapbox.com (the "site"), is owned and operated by Mapbox, Inc. and our direct and indirect wholly-owned subsidiaries ("Mapbox", "we" or “us”). By using the site, services and our proprietary software and related data we make available to you via the site or a third-party marketplace (“Marketplace”), or map content we make available to you through the services (all the foregoing collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.
If you reside in Japan or if your principal place of business is in Japan, your access and use of Services is governed by the Japan Terms of Service.
Signing up
In order to use most Services, you must register for or authenticate into a Mapbox account. To use our Services through a Marketplace, you may additionally or alternatively be required to register for or authenticate into a separate account for that Marketplace. When you use our application program interfaces (APIs), including our SDK Registry/Downloads API, each request to an API must include one of your account's unique API keys.
Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.
You must be 18 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 18 years old.
If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.
If you are a United States government user or otherwise accessing or using any Mapbox service in a U.S. government capacity, these Terms are amended as set out in our U.S. Government Terms of Service.
Our services
Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to (i) incorporate the Services in Licensed Applications (as defined in the Product Terms), and (ii) make the Services as incorporated in Licensed Applications available to End Users (as defined in the Product Terms). Your right in (i) above includes the right to access and use the Services in a Licensed Application for non-production use (i.e., used solely for your internal development, evaluation, testing and demonstration and not in the course of any business operation, process or analysis) as long as your Licensed Application is not related to vehicle usage. Your right in (ii) above is conditional upon purchasing an additional license for a Licensed Application when required under these Terms.
If your Licensed Application is related to business intelligence or analytics, sales performance management, cloud database management systems, or real estate, you must purchase a separate commercial license under an active order before accessing or using Services in your Licensed Application for any production use.
If your Licensed Application is related to vehicle usage, you must purchase a separate development license for non-production use and a separate commercial license for production use under an active order before accessing or using Services in your application. For purposes of these Terms, vehicles include ground, aerial, manned and unmanned vehicles and vehicle usage includes (i) applications primarily intended for use within vehicles, or (ii) use in any vehicle system or component thereof (whether installed in a vehicle during manufacture or thereafter).
Contact us if you are looking to use enterprise-only products and services or obtain additional volume-based discounts.
We may choose to make available to you products and services that are in beta, being provided for internal evaluation or trial, or otherwise not generally available (“Evaluation Products”). By accessing such Evaluation Products, you agree to only use them for internal evaluation or testing purposes. Upon our written request, you shall immediately cease all use, and destroy all copies, of Evaluation Products, and you shall provide us with written certification of such deletion.
End Users and Notification
You may not allow your End Users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify Mapbox in writing if you become aware of any misappropriation or unauthorized use of the Services.
Service Terms & Policies
You will comply with these Terms, our Product Terms, Data Processing Addendum (for data processed by Mapbox as a processor) and Privacy Policy (for data otherwise processed by Mapbox), which govern access and/or use of the Services.
In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation.
All terms and policies referred to above are incorporated by reference into these Terms.
Charges and Payment
You agree to pay all fees owed for your use of the Services, as calculated by our records and based on (i) our publicly available pricing, currently located at www.mapbox.com/pricing, if you use the Services directly through our site or (ii) the pricing included in the listing information accompanying the Services offered via a Marketplace if you transact for use of the Services through such Marketplace. All charges are non-refundable unless expressly prohibited by applicable law. We or a third party acting on our behalf or pursuant to our instructions (“Payment Partner”) may invoice and charge you on a recurring basis for any amounts that you owe us, some of which may require advance payments.
You acknowledge and agree that failure to use the current version of Mapbox SDKs may result in potentially different (and higher) fees being charged to you, and agree to pay any such fees as calculated by us.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.
We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Mapbox or a Payment Partner. Currency exchange settlements will be based on agreements between you and the provider of your credit card or your bank.
Our listed fees, whether on this site or accompanying our offering of the Services via a Marketplace, do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us and our Payment Partners to help us obtain any necessary withholding or royalty tax exemptions where applicable.
Notwithstanding the foregoing, all payments made by you to us under these Terms, whether directly or through a Payment Partner, will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.
Content and Data
Your content
You retain ownership of all content that you contribute to the Services via Mapbox Studio, Mapbox Studio Classic, the Dataset API, the Tileset API, and the Uploads API, excluding any content that you receive from Mapbox ("Your Content").
Limited to the purposes of hosting Your Content so that we can provide the Services to you and, if you choose to make Your Content publicly available, making Your Content available for download and use by other users of the Services via the Mapbox Gallery, you hereby grant Mapbox a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to (and to engage service providers to) host, install, use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content. This right and license enables Mapbox to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant Mapbox these rights.
On termination of your account, Mapbox will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to the content may not be immediately removed.
Our content and third-party content
Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of Mapbox and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Mapbox or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
Notwithstanding anything herein to the contrary, you agree to, and nothing shall restrict or limit, anonymization & creation by Mapbox of de-identified aggregated data obtained through or derived from the Services as permitted by applicable law.
Feedback
You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide to us relating to the Services.
Publicity
We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Mapbox customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.
Account cancellation or suspension
We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds if you cancel during the middle of a billing cycle.
If you breach any of these Terms, the limited license granted to you hereunder automatically terminates without notice to you and we may immediately without notice cancel or suspend your account. In addition, Mapbox may cancel or suspend your account for any reason by providing you 30 days' advance notice.
Upon any termination of the limited license, you agree to immediately destroy any materials or other data or content provided by, downloaded from, or otherwise accessed through the Services.
Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.
Changes to services or terms
We may modify these Terms and other terms related to your use of the Services (like our Privacy Policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.
We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
Indemnification
You agree to indemnify and hold harmless Mapbox and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:
Your use of the Services;
Your violation of these Terms or any terms associated with a Marketplace through which you acquire or use the Services;
Your End Users’ use of the Services in or through an application or service you provide;
Content you or your End Users submit, post to, extracts from, or transmit through the Services.
Disclaimers
“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR ANY MARKETPLACES, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAPBOX DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPBOX OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Website operation. MAPBOX DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY MARKETPLACES, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Non-Mapbox content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD-PARTY CONTENT ("NON-MAPBOX CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-MAPBOX CONTENT. UNDER NO CIRCUMSTANCES WILL MAPBOX BE LIABLE FOR OR IN CONNECTION WITH THE NON-MAPBOX CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-MAPBOX CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-MAPBOX CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-MAPBOX CONTENT.
Accuracy. MAPBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, ANY MARKETPLACES, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Driving directions. DRIVING CAN BE DANGEROUS, AND USE OF OUR APIS IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE API, DO NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE. IF YOU USE THE DIRECTIONS API OR OPTIMIZED TRIPS API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.
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MAX & Mojo Community License
Last Modified: August 28th, 2024
These MAX Community License Terms (these "Terms") are entered into by and between Modular, Inc. ("Modular") and the individual or entity agreeing to these terms ("Licensee"), and form part of Modular’s Terms of Use. Capitalized terms used herein but not otherwise defined have the meanings set forth in the Terms of Use. By clicking the "Agree" button or by downloading, installing, copying, or otherwise using any software development kits made available by Modular as part of the Max Platform (each, the "SDK"), or otherwise developing software using Modular’s Mojo programming language, Licensee agrees to be bound by these Terms. If Licensee does not agree to these Terms, Licensee should not proceed with the download, installation, or use of the applicable SDK. If Licensee is an individual downloading the SDK on behalf of an entity or organization, Licensee represents and warrants that it has the requisite authority to bind that entity (and any applicable Affiliates) to these Terms.
1. SDK AND DOCUMENTATION LICENSE GRANT
Subject to Licensee’s compliance with these Terms, Modular hereby grants Licensee a non-exclusive, non-transferable license to use the SDK and accompanying Documentation (as defined below), as made available at https://docs.modular.com, solely for use in developed software applications ("Applications") that meet the Usage and Distribution Requirements specified in this Agreement. This license does not grant Licensee the right to distribute the SDK or any part thereof to third parties, except as expressly stated otherwise herein. For the avoidance of doubt, Licensee may under no circumstances redistribute the SDK itself outside of any Applications. Nothing herein shall be construed as a grant of a license or any other rights with respect to Modular’s trademarks, logos, or other branding for Mojo or any other Modular offerings (collectively, the “Marks”). Licensee shall seek prior written consent for the use of the Marks in connection with its use of the SDK, and agrees and acknowledges that Modular is under no obligation to grant any such requests.
2. MAX RESTRICTIONS AND USAGE
Licensee shall not:
(a) modify, adapt, translate, reverse engineer, decompile, or disassemble the SDK or any part thereof, or otherwise attempt to derive or gain access to SDK source code;
(b) remove, alter, or obscure any proprietary notices, labels, or marks from the SDK;
(c) use the SDK in an Application or standalone, or otherwise develop an Application in Mojo, for any Competitive Activity; or
(d) use the SDK in any manner that violates any applicable laws, the Distribution Requirements, regulations, third-party rights, or other Modular terms or agreements by which Licensee is bound.
Licensee acknowledges and understands that its use of the SDK may be subject to the collection of certain telemetry, usage, and other data which captures Licensee’s interactions with and use of the SDK (collectively, the “Usage Data”).
“Competitive Activity” means making commercially, publicly available software-as-a-service, platform-as-a-service, infrastructure-as-a-service, support services, or similar online or offline managed, cloud services for the primary purposes of providing artificial intelligence platform infrastructure to third parties without explicit written permission. For clarity, artificial intelligence platform infrastructure encapsulates:
(i) data processing, transformation, and querying services for artificial intelligence,
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(iv) data center services and/or similarly situated services offering MAX in connection with a broader service offering to third parties.
For the avoidance of doubt, this provision will not apply “ex-post-facto” (“after the fact”) to any software you develop that is not competitive at the time you develop it, but later on becomes competitive to Modular based on Modular’s new product offerings or pivots resulting in an expanded definition of Competitive Activity. Development of any internal or personal use-only software is not a Competitive Activity. Please see our pricing page (https://www.modular.com/pricing) for more information and examples on Competitive Activities.
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Modular hereby grants Licensee the limited right to redistribute certain components of the SDK as part of Licensee's Applications, subject to the conditions and limitations set forth in this clause, including the Distribution Requirements. The redistributable components of the SDK ("Redistributable Components") are specified in the accompanying SDK documentation or materials provided by Modular (the “Documentation”). Licensee shall only redistribute the Redistributable Components as expressly permitted in these Terms and in any Documentation, in accordance with the Distribution Requirements.
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Licensee agrees to notify Modular in writing of any known or suspected violation of the Distribution Requirements and to reasonably enforce the terms of its Application. If Licensee receives the SDK in original or modified form from any third party, Licensee agrees and accepts that the terms of this Agreement are still binding upon Licensee.
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Modular and its applicable licensors retain all right, title, and interest in and to the SDK (including any Redistributable Components) and Documentation, including all intellectual property rights therein. Licensee acknowledges and agrees that, other than as explicitly stated herein, nothing in these Terms grants it any rights to or ownership interest in the SDK or Documentation. As between the parties, Licensee acknowledges that Modular owns all right, title, and interest in and to the Usage Data and may use or exploit it for any purpose it deems fit, including but not limited to the purposes of improving the SDK or any other component or aspect of the Max Platform. Any collection, storage, or use of Licensee personal information is governed by Modular’s Privacy Policy (https://www.modular.com/legal/privacy), which Licensee hereby acknowledges upon acceptance of these Terms.
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The community license variant of the SDK is provided free of charge. Licensee acknowledges that Modular may at any time change its provision of its community variant of the SDK for free or generally. In the event Modular does the foregoing, it will make commercially reasonable efforts to provide Licensee of advanced notice of its plans to either change its provision of the SDK or offer the applicable, commercial variant of the SDK for a fee to the contact information provided by Licensee to Modular.
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THE SDK IS PROVIDED "AS IS" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MODULAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACKNOWLEDGES AND AGREES THAT THE USE OF THE SDK IS AT THEIR OWN RISK, AND MODULAR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SDK, OR INFORMATION OBTAINED THROUGH THE SDK. MODULAR DOES NOT WARRANT OR GUARANTEE THAT THE SDK WILL MEET LICENSEE'S REQUIREMENTS OR EXPECTATIONS FOR ITS APPLICATIONS OR GENERALLY, OR THAT ANY ERRORS OR DEFECTS IN THE SDK WILL BE CORRECTED. FURTHERMORE, MODULAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SDK OR THE SUITABILITY OF THE SDK FOR ANY PARTICULAR PURPOSE. MODULAR MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SDK WILL BE COMPATIBLE WITH LICENSEE'S SYSTEMS, SOFTWARE, OR APPLICATIONS, OR THAT THE SDK WILL BE SECURE FROM UNAUTHORIZED ACCESS, HACKING, OR OTHER POTENTIAL SECURITY THREATS. MODULAR DISCLAIMS ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SDK. LICENSEE ASSUMES ALL RISKS AND RESPONSIBILITIES FOR USING THE SDK TO ACHIEVE THEIR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SDK. ADDITIONALLY, VERSIONS OF THE SDK IDENTIFIED AS ‘PREVIEW VERSIONS’ MAY HAVE ADDITIONAL BUGS OR DESIGN FLAWS. MODULAR MAKES NO WARRANTIES ABOUT THE PREVIEW VERSIONS WHATSOEVER, AND LICENSEE’S USE OF THE SDK IN COMMERCIAL, PRODUCTION ENVIRONMENTS IN VIOLATION OF THIS AGREEMENT IS AT ITS OWN RISK.
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Licensee shall defend, indemnify and hold harmless Modular, its affiliates and their respective officers, directors, employees, agents and representatives from any and all third party claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from: (i) its material breach of these Terms; or (ii) an allegation that any Application violates, misappropriates, or infringes any third party intellectual, contractual or proprietary right.
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These Terms may be terminated if the Licensee wants to terminate this Agreement by stopping use of the SDK. Modular may terminate this License if the Licensee fails to comply with any term in this Agreement, or if the Licensee commences, or participates, in any legal proceed against Modular. Upon termination, Licensee shall immediately cease all use of the SDK. These terms may be also discontinued by Modular if it decides to no longer provide any SDK, or if in Modular soles discretion, continued use is no longer commercially viable. Modular will attempt to provide written notice of termination to Licensee either through a posting on its website, or via the contact method for Licensee it has available. Upon any termination of this License all provisions survive except for the license grant provisions.
11. EXPORT CONTROL
Licensee shall comply with, and shall, at Modular’s request, demonstrate compliance with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority. Licensee shall not export or re-export, or allow the export or re-export of any product, technology or information it obtains pursuant to these Terms (including but not limited to the SDK) in violation of any such laws, embargoes, restrictions or regulations. Licensee shall obtain and bear all expenses relating to any licenses and/or exemptions required to comply with foregoing.
GeoLite2 End User License Agreement
Revised on December 20, 2019
By downloading or using our GeoLite2 Database, you are accepting and agreeing to the terms and conditions set forth in this GeoLite2 End User License Agreement (this "Agreement").
MaxMind, Inc. ("MaxMind"), a Delaware Corporation, offers a line of free databases that provide geographic information and other data associated with specific Internet protocol addresses (each a "GeoLite2 Database" and collectively the "GeoLite2 Databases"). The data available through the GeoLite2 Databases is referred to in this Agreement as the "GeoLite2 Data". The term “Services” as used in this Agreement means the Geolite2 Databases and the GeoLite2 Data available at GeoLite2 Free Downloadable Databases on the MaxMind website, www.maxmind.com (the "Website").
ADDITIONAL POLICIES, TERMS AND CONDITIONS.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions incorporated herein by this reference and/or related to the use of the Website:
Creative Commons Corporation Attribution-ShareAlike 4.0 International License (the “Creative Commons License”)
MaxMind Data Processing Addendum (“DPA”)
MaxMind Privacy Policy (“PP”)
MaxMind Website Terms of Use (“WT”)
This Agreement controls in the event of any conflict with the above-referenced documents. Thereafter, for any conflicts among the above 4 documents, the priority and precedence of interpretation is DPA, PP, WT and Creative Commons License.
OTHER DATABASES AND PRODUCTS.
This Agreement does not apply to your use of any databases or products offered by MaxMind other than the Services. If you use other MaxMind databases or products, additional or other terms and conditions shall apply to your use of such databases and products, and you agree to pay all applicable charges.
LIMITED GRANT OF RIGHTS.
Subject to the terms and conditions of this Agreement, to the extent the Services contain any copyrightable elements those copyrightable elements are governed by the Creative Commons License. You must provide attribution of your use to MaxMind (an example of attribution: “This product includes GeoLite2 data created by MaxMind, available from <a href="https://www.maxmind.com">https://www.maxmind.com</a>“).
In addition and if you are using the Services for internal use, subject to the terms and conditions of this Agreement, MaxMind also hereby grants you a non-exclusive, non-transferable limited license to access and use the Services for your own internal business purposes.
With respect to either or both of the above licenses, (i) you agree to use the Services only in a manner that is consistent with applicable laws and (ii) you may not remove or obscure any copyright notice or other notice or terms of use contained in the Services.
NO USE OF GEOLITE2 DATA FOR FCRA PURPOSES.
The parties understand and agree that MaxMind is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. ("FCRA"), and that the Services do not constitute "consumer reports" as defined in the FCRA. You agree that you will not use the Services to determine any consumer's eligibility for any product or service to be used by a consumer for personal, family, or household purposes. You also agree that you will not use the Services (i) as a factor in establishing a consumer's eligibility for credit, (ii) as a factor in establishing a consumer's eligibility for insurance, (iii) for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, or (v) in connection with any permissible purpose as defined by the FCRA.
ACCURACY EXPECTATION: NO USE OF GEOLITE2 DATA FOR IDENTIFYING SPECIFIC HOUSEHOLDS OR INDIVIDUALS.
Due to the nature of geolocation technology and other factors beyond its control, MaxMind cannot and does not guarantee the accuracy of the GeoLite2 Data. The GeoLite2 Databases contain only the geographic data available and the availability of such data is not consistent for all regions. Furthermore, none of the GeoLite2 Data reliably identifies any geographic level or division more precise than the zip code or postal code associated with an IP address. Accordingly, it is imperative that you and your end users not rely on the GeoLite2 Data to identify a specific household, individual, or street address. You acknowledge the foregoing limitation of the GeoLite2 Data and agree represent and warrant that you will not use or encourage others to use the GeoLite2 Data for the purpose of identifying or locating a specific household, individual, or street address.
ADDITIONAL RESTRICTIONS.
Disclosure of Services. Except as explicitly permitted by the Creative Commons License, you will not disclose the Services to any third party or after notifying MaxMind of the anticipated disclosure and obtaining MaxMind’s prior written consent to the disclosure. To the extent you disclose the Services to a third party as permitted by this Agreement, you will impose upon the third party the same or substantially similar contractual duties imposed on you and the rights provided to MaxMind as in this Agreement, including those in LIMITED GRANT OF RIGHTS, ADDITIONAL RESTRICTIONS, and DATA PROCESSING and, where not inconsistent with the other terms of this Agreement, as in the Creative Commons License. You are responsible for the acts or omissions of any third parties with which you share the Services.
Security of the Services. You will maintain reasonable and appropriate technical and organizational measures for the protection of the security, confidentiality, and integrity of the Services (including protection against unauthorized or unlawful processing and against accidental or unlawful destruction, loss, or alteration or damage, unauthorized disclosure of, or access to, such data). In the event you discover a data incident involving the Services, you shall promptly notify MaxMind and fully cooperate with MaxMind, at your own expense, in remediating the incident.
Destructions of GeoLite2 Database and GeoLite2 Data. From time to time, MaxMind will release an updated version of the GeoLite2 Databases, and you agree to promptly use the updated version of the GeoLite2 Databases. You shall cease use of and destroy (i) any old versions of the Services within thirty (30) days following the release of the updated GeoLite2 Databases; and (ii) all Services immediately upon termination of the license under this Agreement. Upon request, you shall provide MaxMind with written confirmation of such destruction.
Provision of Data to MaxMind. The Services provided by MaxMind under this Agreement do not require MaxMind to process Personal Information on behalf of Licensee. Licensee shall not provide any Personal Information to MaxMind nor cause MaxMind to process any Personal Information on its behalf.
INDEMNIFICATION.
You will indemnify and hold MaxMind and its affiliates harmless from and against any and all claims, causes of action, liabilities, penalties, costs or expenses (including reasonable attorney’s fees) incurred by MaxMind or any affiliate thereof as a result of your breach of any of the terms of this Agreement.
FEES.
The Services are made available to you free of charge. MaxMind reserves the right to stop offering the Services free of charge at any time, and charge for future updates to the Services.
CHANGES TO THE AGREEMENT/TERMINATION.
(a) MaxMind may amend this Agreement at any time. Any such amendment(s) shall be binding and effective upon the earlier of (i) the date that is thirty (30) days after the posting of the amended Agreement on the Website or (ii) the date that MaxMind provides notice to you of the amended Agreement. You may immediately terminate this Agreement upon written notice to MaxMind if a change is unacceptable to you. Your continued use of the Services following notice to you of a change shall constitute your acceptance of the change.
(b) This Agreement shall terminate immediately if, within the reasonable judgment of MaxMind, you materially breach any material term or condition of this Agreement and fail to remedy the breach within ten (10) days of receipt of written notice thereof stating MaxMind's intent to terminate upon non-cure of the breach. Your failure to comply with the Restrictions on Use is a breach of a material term of this Agreement.
NO CONSEQUENTIAL DAMAGES/LIMITATION ON LIABILITY.
Under no circumstances, including negligence, shall MaxMind or any related party or supplier be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data, that are directly or indirectly related to the use of or the inability to access and use the Services, whether in an action in contract, tort, product liability, strict liability, statute, or otherwise, even if MaxMind has been advised of the possibility of those damages. The total liability of MaxMind, in connection with a loss or damages arising hereunder (an "Occurrence") is limited to the greater of $100 or the lowest amount permitted by applicable law.
NO WARRANTIES/AVAILABILITY.
MaxMind furnishes the Services on an as-is, as-available basis. MaxMind makes no warranty, express or implied, with respect to their capability, accuracy, or completeness. All warranties of any type, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights are expressly disclaimed. Furthermore, since the availability of Services offered through the Website is dependent upon many factors beyond MaxMind's control, MaxMind does not guarantee uninterrupted availability of any such Services. Any such Services may be inoperative and/or unavailable due to technical difficulties or for maintenance purposes, at any time and without notice. While MaxMind does not warrant that the MaxMind Website is free of harmful components, MaxMind shall make commercially reasonable efforts to maintain the Website free of viruses and malicious code.
GOVERNING LAW.
This Agreement shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, applicable to contracts made and to be performed wholly in Massachusetts, without regard to principles of conflicts of laws. You specifically consent to personal jurisdiction in Massachusetts in connection with any dispute between you and MaxMind arising out of this Agreement. You agree that the exclusive venue for any dispute hereunder shall be in the state and federal courts in Boston, Massachusetts. This Agreement shall be construed and interpreted in English, and any translation hereof to a language other than English shall be for convenience only.
NOTICES.
Notices given under this Agreement shall be in writing and sent by facsimile, email, or by first class mail or equivalent. MaxMind shall direct notice to you at the email address or physical mailing address you provided in the registration process. You shall direct notice to MaxMind at the following address:
MaxMind, Inc.
14 Spring Street, Suite 3
Waltham, MA 02451
U.S.A.
Email: legal@maxmind.com
Either party may change its notice contact information at any time by giving notice of the new contact information as provided in this section.
COMPLETE AGREEMENT.
This Agreement (which includes the policies, terms and conditions referenced above and incorporated herein) represents the entire agreement between you and MaxMind with respect to the subject matter hereof and supersedes all previous representations, understandings, or agreements, oral and written, between the parties regarding the subject matter hereof. The headings contained in this Agreement are for convenience only and shall not govern its interpretation.
ASSIGNMENT.
You may not assign this Agreement without MaxMind's prior written consent. MaxMind may assign its rights and obligations under this Agreement without your consent.
SEVERABILITY.
Should any provision of this Agreement be held void, invalid, or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid, or inoperative provision had not been contained herein.
COMPLIANCE WITH LAW.
Notwithstanding any provisions of this Agreement to the contrary, you shall in performance of this Agreement comply with all applicable laws, executive orders, regulations ordinances and rules of all governments (“Applicable Laws”), including all applicable export and re-export control laws and regulations, such as the Export Administration Regulations (“EAR”) maintained by the USA Department of Commerce, trade and economic sanctions maintained by the USA Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the USA Department of State. Specifically, and without limitation, you agree that you shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any Services (including products derived from or based on such Services) to any destination, entity, or person prohibited by the laws or regulations of the USA, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
OPEN DATA LICENSE
All advertising materials and documentation mentioning features or use of
this database must display the following acknowledgment:
"This product includes GeoLite data created by MaxMind, available from
http://maxmind.com/"
Redistribution and use with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions must retain the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
2. All advertising materials and documentation mentioning features or use of
this database must display the following acknowledgement:
"This product includes GeoLite data created by MaxMind, available from
http://maxmind.com/"
3. "MaxMind" may not be used to endorse or promote products derived from this
database without specific prior written permission.
THIS DATABASE IS PROVIDED BY MAXMIND, INC ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL MAXMIND BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
DATABASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
McAfee Software royalty-Free License
Definitions.
"Software" means (a) all computer code (whether in binary or source format), programs, and related documentation in any tangible or intangible medium, and all related documentation, that are owned by McAfee and with which this Royalty-Free License is provided or referenced, whether such materials are provided directly by McAfee or by its distributors, resellers, OEM/MSP partners, or other business partners, and (b) all upgrades, modifications, subsequent versions and updates of the Software. For avoidance of doubt, updates include any DAT file (virus signature) updates provided by McAfee.
"Computer" means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
License Grant. Subject to the Restrictions below, McAfee hereby grants to You a royalty-free, non-exclusive, non-transferable right under its copyrights to download, install, run, operate and display the Software on computers and computer systems within your internal environment.
License Restrictions
No Implied Subscription License – The Software provided hereunder is designed to operate as an independent, stand-alone process, buy may interact with other McAfee software products that are licensed to You under a subscription model. The License Grant herein does not extend, expand, supersede or otherwise grant You rights which are not specifically granted to You in Your subscription licenses for other McAfee software products.
Third party materials: The Software may include third party materials (e.g. computer code, documentation, etc.) that are subject to an open source licensing model. Your rights to these third party materials may be subject terms and conditions that grant You additional or different rights and restrictions than your rights and restrictions to the Software.
No reverse engineering, or other modifications: You may not reverse engineer, decompile, or disassemble or attempt to discover the source code of the Software provided in binary form, except to the extent the foregoing restriction is expressly prohibited by applicable law or as expressly permitted in the Software documentation. You may not modify or create derivative works of the Software in whole or in part, except as expressly permitted in the Software documentation. You may not remove or alter any proprietary notices or labels on the Software.
No transfer or assignment: Except as specifically permitted within this Royalty-Free License, You may not sell, lease, license, rent, loan, resell, assign or otherwise transfer, with or without consideration, your rights to the Software.
Ownership. The Software is protected by United States’ and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. McAfee and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to You any title to the intellectual property in the Software, or affect such title, and You will not acquire any ownership of or rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation. All rights not expressly set forth hereunder are reserved by McAfee.
Third party IT system management. If You employ or contract a third party to manage or operate your computer or information technology resources (a "Managing Party), You may authorize the Managing Party to exercise your license rights under this Royalty-Free License as Your agent, provided that the Managing Party does not violate any of the License Restrictions and that You will be liable for all damages and legal remedies available to McAfee in the event of a breach of this License by your Managing Party.
Warranty and Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You assume responsibility for selecting the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software. Without limiting the foregoing provisions, McAfee makes no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements.
NO LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL MCAFEE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, WHETHER SUCH DAMAGES ARE CATEGORIZED AS DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS.
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Notice to United States Government End Users. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
Export Controls. You acknowledge that the Software is subject to the export control laws and regulations of the United State of America ("US"), and any amendments thereof. You shall not export or re-export the Software, directly or indirectly, to (i) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (ii) any end user known, or having reason to be known, will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. You further acknowledge that Software may include technical data subject to export and re-export restrictions imposed by US law.
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everyone is welcome to use this code for any purpose, to modify it, and
to copy it in whole or in part for use in other macro sets, with the
conditions that this copyright notice be preserved with any significant
portion of the code, and that modifications to this file be clearly
marked.
Preamble
--------
Your GRAN.
MCRAE GENERAL PUBLIC LICENSE (version 4.r53)
--------------------------------------------
This license applies to any work containing a notice placed by the
copyright holder (that would be ME) saying it is uses the McRae
General Public License. "The work" refers to any such work.
This license stipulates that it is strictly forbidden to redistribute
or use the work in any manner that could possibly be construed as
making anybody any money, or I'll sue you. No! You will NOT do that!
Okee? And if you don't agree with these terms, you can print out the
source to the work and stick it up your ARSE.
Aye, but otherwise feel free to take "the work" and do what you like.
If you're TOO BLOODY LAZY to do it yourself, I cannae help it. OK?
Montreal Data License (MDL)
The following licensing language is made available under CC-BY4. Attribution should be made to Montreal Data License (MDL), or License language based on Montreal Data License.
The authors are not legal advisors to the individuals and entities making use of these licensing terms. The licensing terms can be combined as needed to match the rights conferred by the licensor.
The language below assumes that all rights are granted, however each right should be conferred or not based on the users intent.
Data License for use in AI and ML:
This license covers the Data made available by Licensor to you (Licensee) under the following terms. Licensees use of the data consists acceptance of the terms of this license agreement (License).
1. Definitions
a. Data means the informational content (individually or as a whole) made available by Licensor.
b. Model means machine-learning or artificial-intelligence based algorithms, or assemblies thereof that, in combination with different techniques, may be used to obtain certain results. Without limitation, such results can be insights on past data patterns, predictions on future trends or more abstract results.
c. Output means the results of operating a Trained Model as embodied in informational content resulting therefrom.
d. Representation is a transformation of a piece of data into a different form. Good representations can be used as input to perform useful tasks.
e. Labelled Data means the associated metadata and informational content derived from Data which identify, comment or otherwise derive information from Data, such as tags and labels.
f. Licensor means the individual or entity making the Data available to you.
g. Third Parties means individuals or entities that are not under common control with Licensee.
h. Train means to expose an Untrained Model to the Data in order to adjust the weights, hyperparameters and/or structure thereof.
i. Trained Model means a Model that is exposed to Data such that its weights, parameters and architecture embody insights from the Data.
j. Untrained Model means Model that is conceived and reduced to practice as to its structure, components and architecture but that has not been trained on Data such that its weights, parameters and architecture do not embody insights from the Data.
2. General Clauses
a. Unless otherwise agreed in writing by the parties, the data is licensed as is and as available. Licensor excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law.
b. Nothing in this License permits Licensee to make use of Licensors trademarks, tradenames, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties.
c. The rights granted under this license are deemed to be non-exclusive, worldwide, perpetual and irrevocable, unless otherwise specified in writing by Licensor.
d. Without limiting Licensees rights available under applicable law, all rights not expressly granted hereunder are hereby reserved by Licensor. The Data and the database under which it is made available remain the property of Licensor (and/or its affiliates or licensors).
e. This license shall be terminated upon any breach by Licensee of the terms of this License.
3. Licensed Rights to the Data
a. Licensor hereby grants the following rights to Licensee with respect to making use of the Data itself.
i. Access the Data, where access means to access, view and/or download the Data to view it and evaluate it (evaluation algorithms may be exposed to it, but no Untrained Models).
ii. Creation of Tagged Data.
iii. Distribute the Data, i.e. to make all or part of the Data available to Third Parties under the same terms as those of this License.
iv. Creation of a Representation of the Data.
4. Licensed Rights in Conjunction with Models.
a. Licensor hereby grants the following rights to Licensee with respect to making use of the Data in conjunction with Models.
i. Benchmark: To access the Data, use the Data as training data to evaluate the efficiency of different Untrained Models, algorithms and structures, but excludes reuse of the Trained Model, except to show the results of the Training. This includes the right to use the dataset to measure performance of a Trained or Un-trained Model, without however having the right to carry-over weights, code or architecture or implement any modifications resulting from the Evaluation.
ii. Research: To access the Data, use the Data to create or improve Models, but with-out the right to use the Output or resulting Trained Model for any purpose other than evaluating the Model Research under the same terms.
iii. Publish: To make available to Third Parties the Models resulting from Research, provided however that third parties accessing such Trained Models have the right to use them for Research or Publication only.
iv. Internal Use: To access the Data, use the Data to create or improve Models and resulting Output, but without the right to Output Commercialization or Model Commercialization. The Output can be used internally for any purpose, but not made available to Third Parties or for their benefit.
b. The rights granted in (a) above exclude the following rights with respect to making use of the Data in conjunction with Models:
i. Output Commercialization: To access the Data, use the Data to create or improve Models and resulting Output, with the right to make the Output available to Third Parties or to use it for their benefit, without the right to Model Commercialization.
ii. Model Commercialization: Make a Trained Model itself available to a Third Party, or embodying the Trained Model in a product or service, with or without direct access to the Output for such Third Party.
5. Attribution and Notice Attribution and Notice. The origin of the Data and notices included with the Data shall be made available to Third Parties to whom the Data, Output and/Model have been made available. Any distribution of all or part of the Data shall be done under the same terms as those of this License. Licensee shall make commercially reasonable efforts to link to the source of the Data. If so indicated by the Licensor in writing alongside the Data that the use shall be deemed confidential, then Licensee shall not publicly refer to Licensor and/or the source of the Data.
MediaInfo(Lib) License
Version 1.1, 3 January 2010
Copyright 2002-2010 MediaArea.net SARL. All rights reserved.
Redistribution and use in source and binary forms, without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Redistribution and use in source and binary forms, with modification, are permitted provided that the GNU Lesser General Public License as published by the Free Software Foundation, either version 3 of the License, or any later version is met. Dynamic or static linking to this software are not deemed a modification.
THIS SOFTWARE IS PROVIDED BY MEDIAAREA.NET SARL ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL MEDIAAREA.NET OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
MediaTek Inc. grants permission to use and redistribute aforementioned firmware
files for the use with devices containing MediaTek chipsets, but not as part of
the Linux kernel or in any other form which would require these files themselves
to be covered by the terms of the GNU General Public License or the GNU Lesser
General Public License.
These firmware files are distributed in the hope that they will be useful, but
are provided WITHOUT ANY WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Warranty
Except as may be otherwise agreed to in writing, no warranties of any
kind, whether express or implied, are given by MTK with respect to any MTK
Deliverables or any use thereof, and MTK Deliverables are provided on an
"AS IS" basis. MTK hereby expressly disclaims all such warranties,
including any implied warranties of merchantability, non-infringement and
fitness for a particular purpose and any warranties arising out of course
of performance, course of dealing or usage of trade. Parties further
acknowledge that Company may, either presently and/or in the future,
instruct MTK to assist it in the development and the implementation, in
accordance with Company's designs, of certain softwares relating to
Company's product(s) (the "Services"). Except as may be otherwise agreed
to in writing, no warranties of any kind, whether express or implied, are
given by MTK with respect to the Services provided, and the Services are
provided on an "AS IS" basis. Company further acknowledges that the
Services may contain errors, that testing is important and Company is
solely responsible for fully testing the Services and/or derivatives
thereof before they are used, sublicensed or distributed. Should there be
any third party action brought against MTK, arising out of or relating to
the Services, Company agree to fully indemnify and hold MTK harmless.
If the parties mutually agree to enter into or continue a business
relationship or other arrangement, the terms and conditions set forth
hereunder shall remain effective and, unless explicitly stated otherwise,
shall prevail in the event of a conflict in the terms in any agreements
entered into between the parties.
This MT3620 driver software/firmware and related documentation
("MediaTek Software") are protected under relevant copyright laws.
The information contained herein is confidential and proprietary to
MediaTek Inc. ("MediaTek"). You may only use, reproduce, modify, or
distribute (as applicable) MediaTek Software if you have agreed to and been
bound by this Statement and the applicable license agreement with MediaTek
("License Agreement") and been granted explicit permission to do so within
the License Agreement ("Permitted User"). If you are not a Permitted User,
please cease any access or use of MediaTek Software immediately.
BY OPENING THIS FILE, RECEIVER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND AGREES
THAT MEDIATEK SOFTWARE RECEIVED FROM MEDIATEK AND/OR ITS REPRESENTATIVES ARE
PROVIDED TO RECEIVER ON AN "AS-IS" BASIS ONLY. MEDIATEK EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. NEITHER DOES MEDIATEK PROVIDE ANY WARRANTY WHATSOEVER WITH
RESPECT TO THE SOFTWARE OF ANY THIRD PARTY WHICH MAY BE USED BY,
INCORPORATED IN, OR SUPPLIED WITH MEDIATEK SOFTWARE, AND RECEIVER AGREES TO
LOOK ONLY TO SUCH THIRD PARTY FOR ANY WARRANTY CLAIM RELATING THERETO.
RECEIVER EXPRESSLY ACKNOWLEDGES THAT IT IS RECEIVER'S SOLE RESPONSIBILITY TO
OBTAIN FROM ANY THIRD PARTY ALL PROPER LICENSES CONTAINED IN MEDIATEK
SOFTWARE. MEDIATEK SHALL ALSO NOT BE RESPONSIBLE FOR ANY MEDIATEK SOFTWARE
RELEASES MADE TO RECEIVER'S SPECIFICATION OR TO CONFORM TO A PARTICULAR
STANDARD OR OPEN FORUM. RECEIVER'S SOLE AND EXCLUSIVE REMEDY AND MEDIATEK'S
ENTIRE AND CUMULATIVE LIABILITY WITH RESPECT TO MEDIATEK SOFTWARE RELEASED
HEREUNDER WILL BE ANY SOFTWARE LICENSE FEES OR SERVICE CHARGE PAID BY
RECEIVER TO MEDIATEK DURING THE PRECEDING TWELVE (12) MONTHS FOR SUCH
MEDIATEK SOFTWARE AT ISSUE.
This software is protected by Copyright and the information contained
herein is confidential. The software may not be copied and the information
contained herein may not be used or disclosed except with the written
permission of MediaTek Inc. (C) 2008
BY OPENING THIS FILE, BUYER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND AGREES
THAT THE SOFTWARE/FIRMWARE AND ITS DOCUMENTATIONS ("MEDIATEK SOFTWARE")
RECEIVED FROM MEDIATEK AND/OR ITS REPRESENTATIVES ARE PROVIDED TO BUYER ON
AN "AS-IS" BASIS ONLY. MEDIATEK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
NEITHER DOES MEDIATEK PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE
SOFTWARE OF ANY THIRD PARTY WHICH MAY BE USED BY, INCORPORATED IN, OR
SUPPLIED WITH THE MEDIATEK SOFTWARE, AND BUYER AGREES TO LOOK ONLY TO SUCH
THIRD PARTY FOR ANY WARRANTY CLAIM RELATING THERETO. MEDIATEK SHALL ALSO
NOT BE RESPONSIBLE FOR ANY MEDIATEK SOFTWARE RELEASES MADE TO BUYER'S
SPECIFICATION OR TO CONFORM TO A PARTICULAR STANDARD OR OPEN FORUM.
BUYER'S SOLE AND EXCLUSIVE REMEDY AND MEDIATEK'S ENTIRE AND CUMULATIVE
LIABILITY WITH RESPECT TO THE MEDIATEK SOFTWARE RELEASED HEREUNDER WILL BE,
AT MEDIATEK'S OPTION, TO REVISE OR REPLACE THE MEDIATEK SOFTWARE AT ISSUE,
OR REFUND ANY SOFTWARE LICENSE FEES OR SERVICE CHARGE PAID BY BUYER TO
MEDIATEK FOR SUCH MEDIATEK SOFTWARE AT ISSUE.
THE TRANSACTION CONTEMPLATED HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING ITS CONFLICT OF
LAWS PRINCIPLES. ANY DISPUTES, CONTROVERSIES OR CLAIMS ARISING THEREOF AND
RELATED THERETO SHALL BE SETTLED BY ARBITRATION IN SAN FRANCISCO, CA, UNDER
THE RULES OF THE INTERNATIONAL CHAMBER OF COMMERCE (ICC).
This software/firmware and related documentation ("MediaTek Software")
are protected under international and related jurisdictions'copyright laws
as unpublished works. The information contained herein is confidential and
proprietary to MediaTek Inc. Without the prior written permission of
MediaTek Inc., any reproduction, modification, use or disclosure of
MediaTek Software, and information contained herein, in whole or in part,
shall be strictly prohibited.
BY OPENING THIS FILE, RECEIVER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND
AGREES TO THE FOLLOWING:
1) Any and all intellectual property rights (including without
limitation, patent, copyright, and trade secrets) in and to this
Software/firmware and related documentation ("MediaTek Software") shall
remain the exclusive property of MediaTek Inc. Any and all intellectual
property rights (including without limitation, patent, copyright, and
trade secrets) in and to any modifications and derivatives to MediaTek
Software, whoever made, shall also remain the exclusive property of
MediaTek Inc. Nothing herein shall be construed as any transfer of any
title to any intellectual property right in MediaTek Software to Receiver.
2) This MediaTek Software Receiver received from MediaTek Inc. and/or its
representatives is provided to Receiver on an "AS IS" basis only.
MediaTek Inc. expressly disclaims all warranties, expressed or implied,
including but not limited to any implied warranties of merchantability,
non-infringement and fitness for a particular purpose and any warranties
arising out of course of performance, course of dealing or usage of trade.
MediaTek Inc. does not provide any warranty whatsoever with respect to the
software of any third party which may be used by, incorporated in, or
supplied with the MediaTek Software, and Receiver agrees to look only to
such third parties for any warranty claim relating thereto. Receiver
expressly acknowledges that it is Receiver's sole responsibility to obtain
from any third party all proper licenses contained in or delivered with
MediaTek Software. MediaTek is not responsible for any MediaTek Software
releases made to Receiver's specifications or to conform to a particular
standard or open forum.
3) Receiver further acknowledge that Receiver may, either presently
and/or in the future, instruct MediaTek Inc. to assist it in the
development and the implementation, in accordance with Receiver's designs,
of certain softwares relating to Receiver's product(s) (the "Services").
Except as may be otherwise agreed to in writing, no warranties of any
kind, whether express or implied, are given by MediaTek Inc. with respect
to the Services provided, and the Services are provided on an "AS IS"
basis. Receiver further acknowledges that the Services may contain errors
that testing is important and it is solely responsible for fully testing
the Services and/or derivatives thereof before they are used, sublicensed
or distributed. Should there be any third party action brought against
MediaTek Inc. arising out of or relating to the Services, Receiver agree
to fully indemnify and hold MediaTek Inc. harmless. If the parties
mutually agree to enter into or continue a business relationship or other
arrangement, the terms and conditions set forth herein shall remain
effective and, unless explicitly stated otherwise, shall prevail in the
event of a conflict in the terms in any agreements entered into between
the parties.
4) Receiver's sole and exclusive remedy and MediaTek Inc.'s entire and
cumulative liability with respect to MediaTek Software released hereunder
will be, at MediaTek Inc.'s sole discretion, to replace or revise the
MediaTek Software at issue.
5) The transaction contemplated hereunder shall be construed in
accordance with the laws of Singapore, excluding its conflict of laws
principles. Any disputes, controversies or claims arising thereof and
related thereto shall be settled via arbitration in Singapore, under the
then current rules of the International Chamber of Commerce (ICC). The
arbitration shall be conducted in English. The awards of the arbitration
shall be final and binding upon both parties and shall be entered and
enforceable in any court of competent jurisdiction.
This software/firmware and related documentation ("MediaTek Software") are
protected under relevant copyright laws. The information contained herein
is confidential and proprietary to MediaTek Inc. ("MediaTek") and/or its licensors.
Without the prior written permission of MediaTek and/or its licensors,
any reproduction, modification, use or disclosure of MediaTek Software,
and information contained herein, in whole or in part, shall be strictly prohibited.
You may only use, reproduce, modify, or distribute (as applicable) MediaTek Software
if you have agreed to and been bound by the applicable license agreement with
MediaTek ("License Agreement") and been granted explicit permission to do so within
the License Agreement ("Permitted User"). If you are not a Permitted User,
please cease any access or use of MediaTek Software immediately.
BY OPENING THIS FILE, RECEIVER HEREBY UNEQUIVOCALLY ACKNOWLEDGES AND AGREES
THAT MEDIATEK SOFTWARE RECEIVED FROM MEDIATEK AND/OR ITS REPRESENTATIVES
ARE PROVIDED TO RECEIVER ON AN "AS-IS" BASIS ONLY. MEDIATEK EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
NEITHER DOES MEDIATEK PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE
SOFTWARE OF ANY THIRD PARTY WHICH MAY BE USED BY, INCORPORATED IN, OR
SUPPLIED WITH MEDIATEK SOFTWARE, AND RECEIVER AGREES TO LOOK ONLY TO SUCH
THIRD PARTY FOR ANY WARRANTY CLAIM RELATING THERETO. RECEIVER EXPRESSLY ACKNOWLEDGES
THAT IT IS RECEIVER'S SOLE RESPONSIBILITY TO OBTAIN FROM ANY THIRD PARTY ALL PROPER LICENSES
CONTAINED IN MEDIATEK SOFTWARE. MEDIATEK SHALL ALSO NOT BE RESPONSIBLE FOR ANY MEDIATEK
SOFTWARE RELEASES MADE TO RECEIVER'S SPECIFICATION OR TO CONFORM TO A PARTICULAR
STANDARD OR OPEN FORUM. RECEIVER'S SOLE AND EXCLUSIVE REMEDY AND MEDIATEK'S ENTIRE AND
CUMULATIVE LIABILITY WITH RESPECT TO MEDIATEK SOFTWARE RELEASED HEREUNDER WILL BE,
AT MEDIATEK'S OPTION, TO REVISE OR REPLACE MEDIATEK SOFTWARE AT ISSUE,
OR REFUND ANY SOFTWARE LICENSE FEES OR SERVICE CHARGE PAID BY RECEIVER TO
MEDIATEK FOR SUCH MEDIATEK SOFTWARE AT ISSUE.
License Agreement
ANY ACCESS AND/OR USE OF THE SOFTWARE PACKAGE AND DOCUMENTATION FROM ANY
WEBSITE AS DESIGNATED BY MEDIATEK INC. ("MEDIATEK") (THIS "WEBSITE") ARE
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. Definitions
1.1 "Application" means a software or hardware developed by You using the
Software Package or Documentation for specific use with the devices which
incorporate MediaTek's chipsets and/or system and under Your own trademark
and/or brand, including, in respect of such software programs or hardware, all
bug fixes, enhancements, modifications, new releases, new versions, revisions,
supplements, updates and upgrades.
1.2 "Documentation" means any technical specifications, development guideline,
hardware schematics, hardware diagrams, technical layout and other
specifications or documentation that MediaTek may make available or provide to
You from this Website relating to or for use in connection with the Software
Package or MediaTek's chipsets.
1.3 "Critical Open Source Software" means any software or software component,
module or package that contains, or is derived in any manner (in whole or in
part) from, any software that is distributed as free software, open source
software or similar licensing or distribution models that would cause the
Software Package or Applications to be made available for use or distribution
by others under a public license, including, without limitation, GNU's General
Public License (GPL) or Lesser/Library GPL (LGPL).
1.4 "Software Package" means MediaTek's MT3620 driver software provided or
made available to You from this Website for use in connection with the
development of Applications, including any Updates that MediaTek may provide
or make available.
1.5 "You" means the person(s) or entity using the Software Package and/or
Documentation, or otherwise exercising rights under this Agreement.
2. Term
The term of this Agreement commences at the time it becomes effective in the
manner described above and continues until terminated by either party in
accordance with Section 8 ("Term").
3. Grant of License and Restrictions
3.1 Subject to the provisions of this Agreement, MediaTek grants and You
accept, a limited, non-exclusive, non-transferable, non-sublicensable, and
terminable (under Section 8 hereof ) license, under MediaTek's intellectual
property rights in and to the Software Package and Documentation, during the
Term to:
(a) install a reasonable number of copies of the Software Package solely for
the purpose of developing or testing Applications;
(b) use, copy, modify and compile the Software Package, if provided in source
code form, to create derivative works solely for the purpose of developing or
testing Application ("Software Derivatives");
(c) make a reasonable number of copies of the Documentation for use and solely
for the purpose of developing or testing Applications;
(d) distribute and/or sublicense copies of any or all of Software Package
which is required to be incorporated within Application; and
Each copy will include all notices and legends embedded in the Software Package
and Documentation.
3.2 You must ensure that MediaTek's or any third party's copyright disclaimers
and other proprietary notices that appear in the Software Package and
Documentation are retained and reproduced in full in all copies of the Software
Package and Documentation that You make as permitted under this Agreement.
3.3 You must not sell, redistribute, rent, lease, lend all or any part of the
Software Package and Documentation, or enable or allow others to do such things
except as explicitly set forth in this Sections 3 As a condition to the license
granted in Section 3.1 above, You shall not (and shall not allow any third
party to) decompile, disassemble, reverse engineer or attempt to reconstruct,
identify or discover any source code, underlying ideas, underlying algorithms
of the Software Package provided to You in object code form by any means
whatsoever, or disclose any of the foregoing, except to the extent such
restriction is expressly prohibited by applicable laws and not waivable
thereunder.
3.4 Except for the limited license granted to You in this Agreement, all
rights, title, and interest in and to the Software Package and Documentation
that are made available to You under this Agreement remain, at all times, the
sole and exclusive property of MediaTek or, for third party software contained
in the Software Package, such third party. You agree to cooperate with MediaTek
to maintain MediaTek and such thirty party's ownership of the Software Package
and Documentation, and You agree to promptly provide notice of any claims or
threatened claims relating to the Software Package and Documentation.
4. Conditions and Requirements
4.1 You acknowledge and agree that the Applications shall comply with the
conditions and requirements set out below:
(a) Applications shall comply with all applicable laws and regulations
(including the laws and regulations of any jurisdiction in which the
Applications are offered or made available). You must not design or market
Applications for the purpose of violating any legal rights of any person or
legal entity (including but not limited to privacy rights).
(b) You shall also ensure that the Applications do not and will not violate,
misappropriate, or infringe any copyright, patent, design, trademark, trade
secret, privacy or publicity rights, or any proprietary, intellectual property
or other legal right of MediaTek or any third party and the embodying of such
content in any Application, does not infringe upon any proprietary or
intellectual property rights of any third party. You should be solely
responsible for such third party contents embodied in the Application and You
agree and acknowledge that MediaTek has no responsibility or liability relating
to such third party contents.
(e) If an Application includes any Critical Open Source Software, You must
comply with all licensing terms applicable to such Critical Open Source
Software. However, You shall separate the portion of the Critical Open Source
Software from the portion of the Software Package in the Application or
Licensed Product and shall not cause the portion of the Software Package in the
Application to be subject to the licensing terms applicable to such Critical
Open Source Software.
4.2 You acknowledge and agree that use of the Software Package and Documentation
is subject to the following conditions:
(a) You will only use the Software Package and Documentation for the purposes
and in the manner expressly permitted under this Agreement;
(b) You will not use the Software Package and Documentation for any unlawful or
illegal activity;
(c) You will not develop any Application that would constitute or facilitate the
commission of any crime, or any tortious, unlawful, or illegal act;
(d) You will not use the Software Package to create or enable others to create
any Application or other program that would disable, hack or otherwise interfere
with any authentication, content protection, digital signing, digital rights
management, security or verification mechanisms implemented in or by the
Software Package, or other MediaTek's software, services or technology; and
(e) You agree that You are solely responsible (and that MediaTek has no
liability or responsibility to You or to any third party) for any breach of Your
covenants and obligations under this Agreement or any applicable laws and
regulations, or for the consequences of any such breach (including any loss or
damage which MediaTek or any third party may suffer).
5. DISCLAIMER OF WARRANTY
5.1 MEDIATEK MAKES NO WARRANTIES WITH RESPECT TO THE LICENSE GRANTED TO YOU
HEREUNDER, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE AND MEDIATEK
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PUPOSE AND NON-INFRINGEMENT. MEDIATEK SHALL NOT BE RESPONSIBLE FOR ANY SOFTWARE
PACKAGE AND/OR DOCUMENTATION RELEASED MADE TO YOUR SPECIFICATION OR CONFORMING
TO A PARTICULAR STANDARD OR OPEN FORUM. FURTHER, MEDIATEK DOES NOT REPRESENT OR
WARRANT THAT ANY PORTION OF THE SOFTWARE PACKAGE AND DOCUMENTATION IS FREE OF
INACCURACIES, ERRORS, BUGS OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE,
OR OTHERWISE VALID. THE SOFTWARE PACKAGE AND DOCUMENTATION ARE PROVIDED "AS IS"
AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND FROM MEDIATEK. YOUR USE OF
THE SOFTWARE PACKAGE AND/OR DOCUMENTATION IS AT YOUR OWN DISCRETION AND RISK.
5.2 YOU ACKNOWLEDGE THAT SOFTWARE PACKAGE AND DOCUMENTATION MAY BE SUBJECT TO
IMPORT, EXPORT, AND/OR RE-EXPORT RESTRICTIONS UNDER THE LAWS AND REGULATIONS OF
RELATED JURISDICTIONS. YOU SHALL NOT EXPORT, RE-EXPORT, IMPORT OR OTHERWISE
SELL, TRANSFER, DIRECTLY OR INDIRECTLY, SOFTWARE PACKAGE AND/OR DOCUMENTATION
ACQUIRED HEREUNDER EXCEPT IN STRICT COMPLIANCE WITH ALL SUCH APPLICABLE LAWS
AND REGULATIONS.
5.3 You hereby acknowledge that the Software Package provided under this
Agreement might include software from one or more third parties (e.g. open
source or proprietary, collectively as "Third Party Software") and the use of
such shall be in accordance with the terms and conditions of this Agreement
unless otherwise specified in the third party software license agreement
accompanying such Third Party Software. You expressly acknowledge that it is
Your sole responsibility to obtain from any third party all proper licenses
contained in the Software Package. NOTWITHSTANDING ANYTHING CONTAINED HEREIN
TO THE CONTRARY, MEDIATEK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, TO THE EXTENT ALLOWED BY APPLICABLE LAWS, WITH RESPECT TO
ANY THIRD PARTY SOFTWARE.
5.4 Notwithstanding anything contained herein to the contrary, You understand
and acknowledge that the payment payable to MediaTek hereunder (if any) does not
include royalties or fees payable based on adherence of any Application or
Licensed Product to published standards, and any such fees are the sole
responsibility of You and You have the sole responsibility to procure license of
any intellectual property right for the Application or Licensed Product to
comply with such published standards.
6. LIMITATION OF LIABILITY
MediaTek's entire liability in the aggregate for its breach of the terms
Agreement shall not exceed the aggregate amount of license fee paid by You to
MediaTek for the twelve (12) months preceding the event giving rise to the first
breach. TO THE FULLEST EXTENT ALLOWED AND PERMITTED BY APPLICABLE LAWS AND
REGULATIONS, MEDIATEK SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR
ANY THIRD PARTY THROUGH YOU FOR PERSONAL INJURY OR ANY CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN RELATION TO THIS
AGREEMENT, YOUR USE OF THE SOFTWARE PACKAGE AND DOCUMENTATION, OR YOUR
DEVELOPMENT OF APPLICATIONS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
MEDIATEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOUR UNDERSTSANDING,
ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT ARE THE LEGAL BASIS AND
CONSIDERATION FOR THE LICENSES GRANTED UNDER IT.
7. Indemnity
7.1 To the fullest extent permitted by law, You agree to indemnify, defend and
hold harmless MediaTek, its affiliates, directors, officers, employees,
independent contractors and agents (each an "Indemnified Party") from any and
all claims, losses, liabilities, damages, expenses and costs (including without
limitation reasonable attorneys fees) (collectively "Losses") incurred by a
Indemnified Party as a result of Your breach of this Agreement, any claims that
the Applications and/or Modifications violate or infringe any third party
intellectual property or proprietary rights, or otherwise related to or arising
from Your use of the Software Package, Documentation or the Applications or Your
development or distribution of Applications.
7.2 You acknowledge that the Software Package and Documentation are not intended
to be used in the development of any Application where death, personal injury,
or severe physical or environmental damage could result from errors or
inaccuracies in the content, data or information provided by the Application or
the Application failing. To the extent permitted by law, You agree to indemnify,
defend and hold harmless each Indemnified Party from any Losses incurred by such
Indemnified Party as a result of Your use of the Software Package and/or
Documentation in the development of any such Applications.
8. Termination
8.1 Right to Terminate.
This Agreement and all rights granted by MediaTek hereunder will automatically
terminate without notice by MediaTek: (i) if You have breached any terms of this
Agreement; or (ii) if MediaTek is required by law to terminate this Agreement or
the rights granted by MediaTek hereunder.
MediaTek will have no liability to pay compensation or damages, or to provide an
indemnity, of any kind as a result of terminating this Agreement in accordance
with its terms, and termination of this Agreement is without prejudice to any
other right or remedy that MediaTek may have, now or at any time in the future.
8.2 Consequences of Termination
Upon the termination of this Agreement: (a) all rights granted to You in this
Agreement will terminate; (b) You shall promptly stop using the Software Package
and Documentation and destroy all electronic copies of the Software Package and
Documentation The provisions of Sections 1, 3.2, 3.3, 3.4, 4, 5, 6, 7, 8.2 and 9
will survive the expiration or termination of this Agreement.
9. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of
the Republic of Singapore, without regard to any conflict-of-laws rules.
MELANGE CHAT SERVER/CLIENT PUBLIC LICENSE
Version 1.1, 21 October 1998
Copyright (C) 1998,1999 by Christian Walter, chris@terminal.at
http://www.terminal.at/melange
1. This software may be freely copied, modified and redistributed without
fee for NON-COMMERCIAL (for commercial use see below) purposes provided that
this copyright notice and my name are preserved intact on all copies and
modified copies, so I get my credit for the work I put into this.
Feel free to run this, modify it, debug it, send me comments, insults etc.
2. There is no warranty or other guarantee of fitness of this software.
It is provided solely "as is". The author disclaims all
responsibility and liability with respect to this software's usage
or its effect upon hardware or computer systems.
3. This software is free of charge for non-commercial & commerical USE.
No money, donations, etc are required. If you want to sell this software,
no matter if it's sold "as is" or modified, a licensing agreement is
required. You may send enquiries to: chris@terminal.at
What does that mean: If you use this software e.g on a commercial or
non-commercial website, you don't need a license - Only if you make
money with this software or with parts or modified parts of this software
you have to get a licensing agreement.
4. Have fun with it, and feel free to contact me if you have any problems
not covered by the documentation or if you find a bug.
If you want to modify this software, why not choin the DEVELOPER-FORUM ?
Details at the MELANGE homepage: http://www.terminal.at/melange
Chris
Vienna, October 1998
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
- Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
- Neither the name of the copyright owner, nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1) Free for personal and educational use.
2) Contact menuetos.net for commercial use.
3) Redistribution, reverse engineering, disassembly or decompilation
prohibited without permission from the copyright holders.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS, AUTHORS, AND
CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL VILLE TURJANMAA OR ANY AUTHORS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, and modify this software and its documentation
for any purpose and without fee is hereby granted, provided:
1) that the above copyright notice and this permission notice appear in all
copies of the software and derivative works or modified versions thereof,
2) that both the copyright notice and this permission and disclaimer notice
appear in all supporting documentation, and
3) that all derivative works made from this material are returned to the
Regents of the University of Michigan and Merit Network, Inc. with
permission to copy, to display, to distribute, and to make derivative
works from the provided material in whole or in part for any purpose.
Users of this code are requested to notify Merit Network, Inc. of such use
by sending email to aaa-admin@merit.edu
Please also use aaa-admin@merit.edu to inform Merit Network, Inc of any
derivative works.
Distribution of this software or derivative works or the associated
documentation is not allowed without an additional license.
Licenses for other uses are available on an individually negotiated
basis. Contact aaa-license@merit.edu for more information.
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REGENTS OF THE
UNIVERSITY OF MICHIGAN AND MERIT NETWORK, INC. DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR
THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. The Regents of the
University of Michigan and Merit Network, Inc. shall not be liable for any
special, indirect, incidental or consequential damages with respect to any
claim by Licensee or any third party arising from use of the software.
inSSIDer End User License Agreement
END-USER LICENSE AGREEMENT FOR inSSIDer. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: MetaGeek, LLC's End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity (referred to as the "licensee") and MetaGeek, LLC for the MetaGeek software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and MetaGeek LLC, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
License:
This License is for personal use only. This License permits the licensee to install the SOFTWARE PRODUCT on more than one computer system, as long as the SOFTWARE PRODUCT will not be used on more than one computer system simultaneously. Licensee will not make copies of the SOFTWARE PRODUCT or allow copies of the SOFTWARE PRODUCT to be made by others, unless authorized by this License Agreement. Licensee may make copies of the SOFTWARE PRODUCT for backup purposes only.
Licensee may not modify or translate the program or documentation. User may not disassemble the program or allow it to be disassembled into its constituent source code. Licensee's use of the SOFTWARE PRODUCT indicates his/her acceptance of these terms and conditions. If the licensee does not agree to these conditions, they should return the distribution media, documentation, and associated materials to the vendor from whom the SOFTWARE PRODUCT was purchased, and erase the SOFTWARE PRODUCT from any and all storage devices upon which it may have been installed. This license agreement shall be governed by the laws of the United States of America, the State of Idaho, and shall inure to the benefit of MetaGeek, LLC or its assigns.
Disclaimer / limitation of liability:
Licensee acknowledges that the SOFTWARE PRODUCT may not be free from defects and may not satisfy all of the licensee's needs. The SOFTWARE PRODUCT is licensed "as is". In no event will MetaGeek, LLC be liable for direct, indirect, incidental or consequential damage or damages resulting from loss of use, or loss of anticipated profits resulting from any defect in the SOFTWARE PRODUCT, even if it has been advised of the possibility of such damage. Some laws do not allow the exclusion or limitation of implied warranties or liabilities for incidental or consequential damages, so the above limitations or exclusion may not apply.
Specific restrictions:
In accordance with the computer software rental act of 1990, this SOFTWARE PRODUCT may not be rented, lent or leased. This license is does not extend rights of usage for commercial purposes.
The SOFTWARE PRODUCT and accompanying documentation may not be provided by a “backup service" or any other vendor which does not provide an original package as composed by MetaGeek, LLC, including but not limited to all original distribution media, documentation, registration cards, and insertions.
Copyrights:
Copyright 2005-2019 MetaGeek, LLC. All rights reserved.
inSSIDer is copyright 2007-2019 MetaGeek, LLC. All rights reserved.
Trademarks:
MetaGeek and inSSIDer are registered trademarks of MetaGeek, LLC.
Permission to use, copy, modify, and distribute this material
for any purpose and without fee is hereby granted, provided
that the above copyright notice and this permission notice
appear in all copies, and that the name of Bellcore not be
used in advertising or publicity pertaining to this
material without the specific, prior written permission
of an authorized representative of Bellcore. BELLCORE
MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY
OF THIS MATERIAL FOR ANY PURPOSE. IT IS PROVIDED "AS IS",
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
METRO LINK PUBLIC LICENSE
MOTIF GRAPHICAL USER INTERFACE SOFTWARE
Version 1.00
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS METRO LINK PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
in the case of METRO LINK, INCORPORATED ("METRO LINK"), the Metro Link Program, and
in the case of each Contributor,
changes to the Program, and
additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means The Open Group, METRO LINK and any other entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Open Source" programs mean software for the source code is available without confidential or trade secret restrictions and for which the source code and object code are available for distribution without license charges.
"Metro Link Program" means the original version of the software accompanying this Agreement as released by METRO LINK, including source code, object code and documentation, if any.
"Program" means the Metro Link Program and Contributions.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
The rights granted under this license are limited solely to distribution and sublicensing of the Contribution(s) on, with or for operating systems which are themselves Open Source programs.
Subject to the terms of this Agreement, The Open Group Public License Agreement attached hereto ("The Open Group Agreement") and the limitations of this Section 2, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
Subject to the terms of this Agreement, The Open Group Agreement and this Section 2, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
it complies with the terms and conditions of this Agreement and The Open Group Agreement; and
its license agreement:
effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
it must be made available under this Agreement and the Open Group Agreement; and
a copy of this Agreement must be included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in the Program:
Copyright (C) May, 2000 The Open Group, Metro Link, Incorporated and others. All Rights Reserved
In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must:
a) promptly notify the Commercial Contributor in writing of such claim, and
b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations.
The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
METRO LINK may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than METRO LINK has the right to modify this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of Florida and the intellectual property laws of the United States of America.
No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
MGB OPEN SOURCE LICENSE
(For use, reproduction, modification, and distribution of modifications)
1. Definitions.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
“Derivative Works” shall mean any work, whether in Source or Object form, or in text or non-code form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding voting shares of such entity, or (iii) beneficial ownership of such entity.
“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 13 of this document.
“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
“Model(s)” shall mean a collective work of authorship spanning model architecture, the source code for inference, and the model weights.
“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
“Work” shall mean the work of authorship, whether in Source or Object form, data, graphs, Models, or in text or non-code form, made available under the License, as may be indicated by a copyright notice included in or attached to the work (an example of such notice is provided in Section 5(b), below).
2. Grant of License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to use, sell, import, reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and to distribute the Work, and Derivative Works, in Source or Object form.
3. Patent License but no Patent Litigation. This License includes licenses to Contributor’s patent claims, in any jurisdiction, only to the extent such patent claims are necessary for a person with ordinary skill in the art to recreate the Work or create Derivative Works thereof. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You relative to the Work shall terminate as of the date such litigation is filed.
4. Distribution. If You distribute or reproduce copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, You must:
(a) Provide recipients of the Work or Derivative Works a copy of this License; and
(b) Cause any modified files to carry prominent notices stating You changed the files; and
(c) Follow the attribution and copyright notice requirements of this License, retaining in the Source form of any Derivative Works (and screens generated by the Object form) all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding notices that do not pertain to any part of the Derivative Works.
5. Attribution and Copyright Notice.
(a) If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
(b) In marketing Your Derivative Work, You, and Your sublicensee as applicable, shall acknowledge Licensor by conspicuously marking any promotional materials and any portion of the Software included with or integrated into Derivative Work You sublicense with the conspicuous following statement and attribution, or conspicuously including a permanent link to such a statement: Dr. Abe Albert, Dr. Betty Bonnet, Dr. Charlie Caplin Copyright © 202_ [LICENSOR NAME]. Licensed with permission. Portions of this software may also be subject to other copyrights.
(c) You may add Your own copyright and attribution statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work and Your Derivative Work otherwise complies with this License.
6. Submission of Contributions. Any Contribution intentionally submitted for inclusion in the Work by You to Licensor shall be under and subject to the terms and conditions of this License, without any other terms or conditions. You shall require, and shall be deemed to have required, that all Your sublicensees agreed in writing to be bound by the applicable terms and conditions of this License.
7. Included Data; Personal Information. The Work may include data, graphs, and Models, and if so You may use and modify the data, graphs, and Models. However, You have no license to any protected health information as defined in accordance with 45 CFR §160.103 (hereinafter referred to as “PHI”), or other personal information collected by or included by Licensor, whether or not de-identified or aggregated. Licensor, and no Contributor, has no obligation under this License to provide any such personal information, or to validate any data generated by the use of the Work. For purposes of this License “personal information” means any information relating to an identified or identifiable natural person, including PHI. Licensor has attempted to delete all copies of such personal information in the data, and will undertake to ensure that the Work does not contain any data with personal information. If despite Licensor’s efforts in this regard, You identify any personal information in the data (i.e., not in any notice required by Sections 4 or Section 5), You agree not to use such personal information and to promptly delete all copies of such personal information in Your possession, use or control.
8. No Additional Rights. Except for the limited rights and license granted under this License’s Section 2 and Section 3, nothing in this License grants, by implication, waiver, estoppel, or otherwise, to You, or to any third-party, any intellectual property rights, or other right, title, or interest, in or to any of the Work, or to any intellectual property rights of Licensor, any other Contributor, or any third party. You acknowledge and agree that the rights granted by Licensor under this License may not include all third-party rights, or software, necessary to use or distribute the Work licensed under this License. You are responsible for obtaining and maintaining Your own licenses, at its own cost and expense, to any such third-party rights.
9. Disclaimer of Warranties. THE Work LICENSED TO You UNDER THIS License IS PROVIDED BY Licensor AND Contributors “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH SAMPLES OR DEMONSTRATIONS, VALIDITY OF LICENSED INTELLECTUAL PROPERTY, COMPATIBILITY WITH ANY SOFTWARE OR SYSTEMS, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND HEREBY DISCLAIMS THE SAME. IN NO EVENT SHALL Licensor AND SUBSEQUENT Contributors BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Licensor MAKES NO WARRANTY OR REPRESENTATION (i) REGARDING THE VALIDITY OR SCOPE OF ANY OF THE LICENSED INTELLECTUAL PROPERTY, AND (ii) THAT THE EXPLOITATION OF THE LICENSED INTELLECTUAL PROPERTY OR THE SOFTWARE OR DOCUMENTATION, OR THAT ANY SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF LICENSOR OR OF ANY THIRD PARTY. You ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE Work AND ASSUME ANY RISKS ASSOCIATED WITH Your EXERCISE OF PERMISSIONS UNDER THIS License.
10. No Trademark or Name License. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file according to this License’s Section 5. Except as provided in the preceding sentence, You shall not use any mark or name of Licensor, or anything confusingly similar thereto or to any Internet website or Universal Resource Locator of Licensor, nor any name of any trustee, director, officer, staff member, employee, student or agent of Licensor, or any adaptation thereof in any advertising, promotional or sales literature, publicity or in any document employed to obtain funds or financing without the prior express written approval, in each instance, of Licensor and any individual whose name is to be used or mentioned.
11. Limitation of Liability. IN NO EVENT SHALL Licensor OR ANY Contributor, OR ANY OF THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, MEDICAL OR PROFESSIONAL STAFF, EMPLOYEES, STUDENTS, VOLUNTEERS, AGENTS, AND/OR ATTORNEYS BE LIABLE TO You, OR ANY Contributor, OR ANY OF THEIR AFFILIATES, SUBCONTRACTORS, CUSTOMERS, SUBLICENSEES OR DISTRIBUTORS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF THIS License OR RIGHTS GRANTED HEREUNDER, HOWEVER CAUSED INCLUDING ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ECONOMIC DAMAGES OR INJURY TO PROPERTY OR LOST PROFITS, REGARDLESS OF WHETHER You OR ANY Contributor SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW, OF THE POSSIBILITY OF ANY OF THE FOREGOING. SUBJECT IN ANY EVENT TO THE LIMITATIONS IN THE FOREGOING SENTENCE, THE LIABILITY OF You AND Your AFFILIATES OR ANY OF THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, MEDICAL OR PROFESSIONAL STAFF, STUDENTS, VOLUNTEERS, EMPLOYEES, AGENTS AND ATTORNEYS, AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS, WITH RESPECT TO ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THIS License WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE SHALL NOT EXCEED IN THE AGGREGATE A SUM EQUAL TO THE TOTAL AMOUNTS PAID TO Licensor OR THE Contributor, AS THE CASE MAY BE, UNDER THIS License. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
12. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if in Your license to Your sublicensees You also agree with each sublicensee to indemnify, defend, and hold each Contributor harmless form any liability incurred by, or claims asserted against, each Contributor by reason of your accepting any such warranty or additional liability. You agree to be responsible to Licensor and liable for the acts and omissions of Your sublicensees that constitute a breach of this License as if such acts or omissions were Your acts or omissions, and You shall be responsible for and indemnify Contributors for You and Your sublicensee’s compliance with this License. Your indemnification obligations under this License mean that You, at Your sole expense, shall indemnify, defend and hold harmless all Contributors and their owners, members and affiliates, sublicensees, subcontractors, and distributors and each of their respective trustees, directors, officers, medical and professional staff, employees, students, volunteers, attorneys, and agents and their respective successors, heirs and assigns (the “Indemnitees”), against any and all liability, damage (including direct, indirect, consequential and special damages), loss or expense (including reasonable attorneys’ fees and expenses)(each a “Loss”), incurred by or imposed upon the Indemnitees or any one of them in connection with any third-party claims, suits, actions, investigations, demands, or judgments relating to or arising from, in whole or part: (i) any theory of contractual or product liability (including, but not limited to, actions in the form of contract, tort, warranty, or strict liability) concerning the Software or any licensed product, product, process or service made, used, or sold or performed pursuant to any right or license granted under this License, or (ii) any claim by a third-party that any product, process or service made, used, sold, or performed of or through You pursuant to any right or license granted under this License infringes any patent, copyright, trademark, trade secret, or other intellectual property, or breach of Your or Your sublicensees obligations under this License; except to the extent You can demonstrate by clear and convincing evidence that a Loss as described in this Section directly results from the gross negligence or intentional misconduct of Contributors.
13. Interpretation. The section and other headings are for convenience of reference only and shall not be definitive of the interpretation of this License. Whenever the context reasonably permits, the singular shall include the plural, the plural shall include the singular, and the whole shall include any part thereof. Any waiver of this License must be in writing and any waiver of one event shall not be construed as a waiver of subsequent events. If any provision of this License is invalid or unenforceable under applicable law, such provision shall be limited, narrowed, construed and altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision shall be eliminated from this License. The remaining provisions shall remain in full force and effect. You may not assign or transfer this License.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license ("Fonts") and associated documentation files (the "Font Software"), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
The above copyright and this permission notice shall be included in all copies of one or more of the Font Software typefaces.
The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing the word "MgOpen", or if the modifications are accepted for inclusion in the Font Software itself by the each appointed Administrator.
This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the "MgOpen" name.
The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL MAGENTA OR PERSONS OR BODIES IN CHARGE OF ADMINISTRATION AND MAINTENANCE OF THE FONT SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
This software is placed into the public domain and may be used for any purpose.
However, this notice must not be changed or removed and no warranty is either
expressed or implied by its publication or distribution.
Permission is granted to use, copy, create derivative works
and redistribute this software and such derivative works
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Michigan is not used in any advertising or publicity
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without specific, written prior authorization. If the
above copyright notice or any other identification of the
University of Michigan is included in any copy of any
portion of this software, then the disclaimer below must
also be included.
THIS SOFTWARE IS PROVIDED AS IS, WITHOUT REPRESENTATION
FROM THE UNIVERSITY OF MICHIGAN AS TO ITS FITNESS FOR ANY
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MICHIGAN OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
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CONSEQUENTIAL DAMAGES, WITH RESPECT TO ANY CLAIM ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, EVEN
IF IT HAS BEEN OR IS HEREAFTER ADVISED OF THE POSSIBILITY OF
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Software License Agreement
Microchip licenses to you the right to use, modify, copy, and
distribute:
(i) the Software when embedded on a Microchip microcontroller or
digital signal controller product ("Device") which is
integrated into Licensee's product; or
(ii) ONLY the Software driver source files ENC28J60.c, ENC28J60.h,
ENCX24J600.c and ENCX24J600.h ported to a non-Microchip device
used in conjunction with a Microchip ethernet controller for
the sole purpose of interfacing with the ethernet controller.
You should refer to the license agreement accompanying this
Software for additional information regarding your rights and
obligations.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
MICROCHIP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, ANY CLAIMS
BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE
THEREOF), ANY CLAIMS FOR INDEMNITY OR CONTRIBUTION, OR OTHER
SIMILAR COSTS, WHETHER ASSERTED ON THE BASIS OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE.
REDISTRIBUTION: Permission is hereby granted by Microchip Technology
Incorporated (Microchip), free of any license fees, to any person obtaining a
copy of this firmware (the "Software"), to install, reproduce, copy and
distribute copies, in binary form, hexadecimal or equivalent formats only, the
Software and to permit persons to whom the Software is provided to do the same,
subject to the following conditions:
* Any redistribution of the Software must reproduce the above copyright notice,
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documentation and/or other materials provided with the Software.
* Neither the name of Microchip, its products nor the names of its suppliers
may be used to endorse or promote products derived from this Software without
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* No reverse engineering, decompilation, or disassembly of this Software is
permitted.
Limited patent license. Microchip grants a world-wide, royalty-free,
non-exclusive, revocable license under any patents that it now has or hereafter
may have, own or control related to the Software to make, have made, use,
import, offer to sell and sell ("Utilize") this Software, but solely to the
extent that any such patent is necessary to Utilize the Software in conjunction
with Microchip processors. The patent license shall not apply to any other
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patent rights. No hardware per se is licensed hereunder.
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IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
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Enterprise Library
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I AGREE
COMPANY NAME
As a special exception, you may use this file as part of a free software library
without restriction. Specifically, if other files instantiate templates or use
macros or inline functions from this file, or you compile this file and link it
with other files to produce an executable, this file does not by itself cause
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This library was downloaded from: http://www.mike95.com
This library is copyright. It may freely be used for personal purposes
if the restriction listed below is adhered to.
Author: Michael Olivero
Email: mike95@mike95.com
//===============================
//Start of Restriction Definition
//===============================
Anyone can have full use of the library provided they keep this complete comment
with the source. Also I would like to ask if any changes are made to the
code for efficiency reasons, please let me know so I may look into your change and
likewise incorporate it into library. If a suggestion makes it into the library,
your credits will be added to this information.
Authors of Computer related books are welcome to include this source code as part
of their publishing, provided credit the Author and make note of where the source
code was obtained from: http://www.mike95.com
//=============================
//End of Restriction Definition
//=============================
Minecraft: Denotes a copy of the Minecraft game licensed by Mojang AB
User: Anybody that interacts with the software in one of the following ways:
- play
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Mod: The mod code designated by the present license, in source form, binary
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Dependency: Code required for the mod to work properly. This includes
dependencies required to compile the code as well as any file or modification
that is explicitely or implicitely required for the mod to be working.
1. Scope
--------
The present license is granted to any user of the mod. As a prerequisite,
a user must own a legally acquired copy of Minecraft
2. Liability
------------
This mod is provided 'as is' with no warranties, implied or otherwise. The owner
of this mod takes no responsibility for any damages incurred from the use of
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or misuse of this mad fall on the user.
3. Play rights
--------------
The user is allowed to install this mod on a client or a server and to play
without restriction.
4. Modification rights
----------------------
The user has the right to decompile the source code, look at either the
decompiled version or the original source code, and to modify it.
5. Derivation rights
--------------------
The user has the rights to derive code from this mod, that is to say to
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can be licensed under a license different from this mod.
6. Distribution of original or modified copy rights
---------------------------------------------------
Is subject to distribution rights this entire mod in its various forms. This
include:
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resulting from source modifications
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All dependencies that this mod have on other mods or classes must be licensed
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Bukkit).
Modified version of binaries and sources, as well as files containing sections
copied from this mod, should be distributed under the terms of the present
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Mini-XML License (LGPL 2.0 with Exception)
The Mini-XML library and included programs are provided under the terms of the
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GNU Library General Public License (LGPL 2.0)
http://www.gnu.org/licenses/old-licenses/lgpl-2.0.html - TOC1
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License for more details.
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The Mini-XML library and included programs are provided under the terms of the GNU Library General Public License (LGPL) with the following exceptions:
1. Static linking of applications to the Mini-XML library does not constitute a derivative work and does not require the author to provide source code for the application, use the shared Mini-XML libraries, or link their applications against a user-supplied version of Mini-XML.
If you link the application to a modified version of Mini-XML, then the changes to Mini-XML must be provided under the terms of the LGPL in sections 1, 2, and 4.
2. You do not have to provide a copy of the Mini-XML license with programs that are linked to the Mini-XML library, nor do you have to identify the Mini-XML license in your program or documentation as required by section 6 of the LGPL.
GNU Library General Public License (LGPL 2.0)
http://www.gnu.org/licenses/old-licenses/lgpl-2.0.html - TOC1
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in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL TOM WU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
In addition, the following condition applies:
All redistributions must retain an intact copy of this copyright notice
and disclaimer.
Use and copying of this software and preparation of derivative works
based upon this software are permitted. Any copy of this software or of
any derivative work must include the above copyright notice of
{copyright-holder}, this paragraph and the one after it. Any
distribution of this software or derivative works must comply with all
applicable United States export control laws.
This software is made available AS IS, and {copyright-holder} DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, ANY
LIABILITY FOR DAMAGES RESULTING FROM THE SOFTWARE OR ITS USE IS
EXPRESSLY DISCLAIMED, WHETHER ARISING IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR STRICT LIABILITY, EVEN IF {copyright-holder} IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and/or associated documentation files (the "Materials"),
to deal in the Materials without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Materials, and to permit persons to whom the
Materials are furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Materials.
MODIFICATIONS TO THIS FILE MAY MEAN IT NO LONGER ACCURATELY REFLECTS KHRONOS
STANDARDS. THE UNMODIFIED, NORMATIVE VERSIONS OF KHRONOS SPECIFICATIONS AND
HEADER INFORMATION ARE LOCATED AT https://www.khronos.org/registry/
THE MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM,OUT OF OR IN CONNECTION WITH THE MATERIALS OR THE USE OR OTHER DEALINGS
IN THE MATERIALS.
This license is granted to everyone except for the following entities and
any of their subsidiaries:
- "Microsoft Corporation" (for working with ICE)
- "Palantir Technologies" (for working with ICE)
- "Amazon.com, Inc." (for abusive treatment of workers and for working with ICE)
- "Northeastern University" (for working with ICE)
- "Ernst & Young" (for working with ICE)
- "Thomson Reuters" (for working with ICE)
- "Motorola Solutions" (for working with ICE)
- "Deloitte Consulting LLP" (for working with ICE)
- "John Hopkins University" (for working with ICE)
- "Dell Inc" (for working with ICE)
- "Xerox Corporation" (for working with ICE)
- "Canon Inc" (for working with ICE)
- "Vermont State Colleges" (for working with ICE)
- "Charter Communications"/"Spectrum"/"Time Warner Cable" (for working with ICE)
- "LinkedIn Corporation" (for working with ICE)
- "United Parcel Service Co" (for working with ICE)
- "Walmart Inc" (for abusive treatment of workers)
- "Sears Holding Corporation" (for abusive treatment of workers)
- "Apple Inc" (for abusive treatment of workers)
- "Tyson Foods Inc" (for abusive treatment of workers)
- "Target Corporation" (for union busting and anti-union propaganda)
- "The H&M group" (for abusive treatment of workers)
- "Tesla, Inc" (for abusive treatment of workers)
MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that both the above copyright notice and this permission
notice appear in all copies, that both the above copyright notice
and this permission notice appear in all supporting documentation,
and that the name of M.I.T. not be used in advertising or publicity
pertaining to distribution of the software without specific,
written prior permission. M.I.T. makes no representations about
the suitability of this software for any purpose. It is provided
"as is" without express or implied warranty.
THIS SOFTWARE IS PROVIDED BY M.I.T. ``AS IS''. M.I.T. DISCLAIMS
ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THIS SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL M.I.T. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Permission is hereby granted, without written agreement and without
license or royalty fees, to use, copy, modify, and distribute this
software and its documentation for any purpose, provided that the
above copyright notice and the following two paragraphs appear in
all copies of this software.
IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN
IF THE COPYRIGHT HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
THE COPYRIGHT HOLDER SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS
ON AN "AS IS" BASIS, AND THE COPYRIGHT HOLDER HAS NO OBLIGATION TO
PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
Permission to use, copy, modify, and/or distribute this code
for any purpose with or without fee is hereby granted.
There is no warranty.
Export of this software from the United States of America may require a specific
license from the United States Government. It is the responsibility of any
person or organization contemplating export to obtain such a license before
exporting.
WITHIN THAT CONSTRAINT, permission to use, copy, modify, and distribute this
software and its documentation for any purpose and without fee is hereby
granted, provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in supporting
documentation, and that the name of The author not be used in advertising or
publicity pertaining to distribution of the software without specific, written
prior permission. The author makes no representations about the suitability of
this software for any purpose. It is provided "as is" without express or
implied warranty.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
Distributions of all or part of the Software intended to be used
by the recipients as they would use the unmodified Software,
containing modifications that substantially alter, remove, or
disable functionality of the Software, outside of the documented
configuration mechanisms provided by the Software, shall be
modified such that the Original Author's bug reporting email
addresses and urls are either replaced with the contact information
of the parties responsible for the changes, or removed entirely.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
MIT Copyright Notice
Project Athena, Athena Dashboard, Athena MUSE, Kerberos, X Window System,
TechInfo, and Zephyr are trademarks of the Massachusetts Institute of Technology
(MIT). Athena, Discuss, Hesiod, Moria, OLC, and TechMail are registered
trademarks of MIT. No commercial use of these trademarks may be made without
prior written permission of MIT.
This software is being provided to you, the LICENSEE, by the Massachusetts
Institute of Technology (M.I.T.) under the following license. By obtaining,
using and/or copying this software, you agree that you have read, understood,
and will comply with these terms and conditions:
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee or royalty is hereby granted,
provided that you agree to comply with the following copyright notice and
statements, including the disclaimer, and that the same appear on ALL copies of
the software and documentation, including modifications that you make for
internal use or for distribution:
Copyright 1995 by the Massachusetts Institute of Technology. All rights reserved.
THIS SOFTWARE IS PROVIDED "AS IS", AND M.I.T. MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED. By way of example, but not limitation, M.I.T.
MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE OR DOCUMENTATION
WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER
RIGHTS.
The name of the Massachusetts Institute of Technology or M.I.T. may NOT be used
in advertising or publicity pertaining to distribution of the software. Title to
copyright in this software and any associated documentation shall at all times
remain with M.I.T., and LICENSEE agrees to preserve same.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in
supporting documentation, and that the name of the authors not be
used in advertising or publicity pertaining to distribution of the
software without specific, written prior permission. The authors
makes no representations about the suitability of this software for any
purpose. It is provided "as is" without express or implied warranty.
Permission to use, copy, modify, and distribute this software and
its documentation for any purpose and without fee is hereby granted,
provided that the copyright notices appear in all copies and
supporting documentation and that the authors and the University of
California are properly credited. The authors and the University of
California make no representations as to the suitability of this
software for any purpose. It is provided `as is', without express
or implied warranty.
Permission to use, copy, modify, distribute, and sell this software and
its documentation for any purpose is hereby granted without fee, provided that
the above copyright notice appear in all copies and that both that
copyright notice and this permission notice appear in supporting
documentation. No representations are made about the suitability of this
software for any purpose. It is provided "as is" without express or
implied warranty.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
Permission is not granted to use this software or any of the associated files
as sample data for the purposes of building machine learning models.
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and the associated README documentation file (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Use and copying of this software and preparation of derivative works based
upon this software are permitted. Any distribution of this software or
derivative works must comply with all applicable United States export control
laws.
This software is made available AS IS, and Xerox Corporation makes no warranty
about the software, its performance or its conformity to any specification.
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software annotated with this license and the Software, to
deal in the Software without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.
THIS SOFTWARE IS BEING DISTRIBUTED BY {{SYNOPSYS}} SOLELY ON AN "AS IS"
BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. IN NO EVENT SHALL {{SYNOPSYS}}
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, modify, and/or distribute this software for any purpose
with or without fee is hereby granted, provided that the above copyright notice
and this permission notice appear in all copies.
The software is provided "as is", without warranty of any kind, including all
implied warranties of merchantability and fitness. In no event shall the authors
or copyright holders be liable for any claim, damages, or other liability,
whether in an action of contract, tort, or otherwise, arising from, out of, or
in connection with the software or the use or other dealings in the software.
* Permission is hereby granted, free of charge, to any person obtaining a
* copy of THIS SOFTWARE FILE (the "Software"), to deal in the Software
* without restriction, including without limitation the rights to use,
* copy, modify, merge, publish, distribute, and/or sell copies of the
* Software, and to permit persons to whom the Software is furnished to do
* so, subject to the following disclaimer:
*
* THIS SOFTWARE IS PROVIDED BY AT&T ``AS IS'' AND ANY EXPRESS OR IMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
* MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
* IN NO EVENT SHALL AT&T BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
* LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
* DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
* THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
* OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, modify, and distribute this software for any
purpose with or without fee is hereby granted, provided that the above
copyright notice and this permission notice appear in all copies.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHORS AND
CONTRIBUTORS ACCEPT NO RESPONSIBILITY IN ANY CONCEIVABLE MANNER.
Export of this software from the United States of America may
require a specific license from the United States Government.
It is the responsibility of any person or organization contemplating
export to obtain such a license before exporting.
WITHIN THAT CONSTRAINT, permission to use, copy, modify, and
distribute this software and its documentation for any purpose and
without fee is hereby granted, provided that the above copyright
notice appear in all copies and that both that copyright notice and
this permission notice appear in supporting documentation, and that
the name of M.I.T. not be used in advertising or publicity pertaining
to distribution of the software without specific, written prior
permission. Furthermore if you modify this software you must label
your software as modified software and not distribute it in such a
fashion that it might be confused with the original M.I.T. software.
M.I.T. makes no representations about the suitability of
this software for any purpose. It is provided "as is" without express
or implied warranty.
Any party obtaining a copy of these files is granted, free of charge, a
full and unrestricted irrevocable, world-wide, paid up, royalty-free,
nonexclusive right and license to deal in this software and
documentation files (the "Software"), including without limitation the
rights to use, copy, modify, merge, publish and/or distribute copies of
the Software, and to permit persons who receive copies from any such
party to do so, with the only requirement being that this copyright
notice remain intact.
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
This licence is a copy from the GPL licence, with the noticeable difference
that, in Section 3, the "preferred form of the work for making modifications
to it" does not apply to the donkey/donkey.lam file of the distribution.
This file may be freely copied and distributed, provided that
no changes whatsoever are made. All users are asked to help keep
the MMIXware files consistent and ``uncorrupted,''
identical everywhere in the world. Changes are permissible only
if the modified file is given a new name, different from the names of
existing files in the MMIXware package,
and only if the modified file is clearly identified
as not being part of that package.
(The CWEB system has a ``change file'' facility by
which users can easily make minor alterations without modifying
the master source files in any way. Everybody is supposed to use
change files instead of changing the files.)
The author has tried his best to produce correct and useful programs,
in order to help promote computer science research,
but no warranty of any kind should be assumed.
mod_dav License Agreement v1
The following text constitutes the license agreement for the mod_dav software.
Note: the copyright years were updated on February 3rd, 2000 and January 19th, 2001. No other changes were made to the license.
Copyright © 1998-2001 Greg Stein. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
This product includes software developed by Greg Stein <gstein@lyra.org> for use in the mod_dav module for Apache (http://www.webdav.org/mod_dav/).
4. Products derived from this software may not be called "mod_dav" nor may "mod_dav" appear in their names without prior written permission of Greg Stein. For written permission, please contact gstein@lyra.org.
5. Redistributions of any form whatsoever must retain the following acknowledgment:
This product includes software developed by Greg Stein <gstein@lyra.org> for use in the mod_dav module for Apache (http://www.webdav.org/mod_dav/).
THIS SOFTWARE IS PROVIDED BY GREG STEIN ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GREG STEIN OR THE SOFTWARE'S CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Greg Stein
Last modified: Thu Feb 3 17:34:42 PST 2000
Moderne Source Available License Agreement
Last Update: December 13, 2024
Acceptance
This Agreement sets forth the terms and conditions on which the Licensor makes available the Software. By installing, downloading, copying, accessing, using, creating derivative works of, or distributing any of the Software, You agree to all of the terms and conditions of this Agreement. If You are receiving the Software on behalf of an entity, sole proprietorship or other organization, You represent and warrant that You have the authority to agree to this Agreement on behalf of such organization.
The Licensor reserves the right to update this Agreement from time to time.
The terms below have the meanings set forth below for purposes of this Agreement:
Definitions
Agreement: this Moderne Source Available License Agreement.
Control: ownership, directly or indirectly, of substantially all the assets of an entity, or the power to direct its management or policies by vote, contract, or otherwise.
License: a license as described in the License or Patent paragraph below.
Licensor: Moderne, Inc. on behalf of itself and its subsidiaries worldwide.
Modify, Modified, or Modification: copy from or adapt all or part of the work in a fashion requiring copyright permission (including, without limitation, creating a derivative work via linking or otherwise) other than making an exact unlinked copy. The resulting work is called a Modified version of the earlier work or a Modification.
Software: The Licensor’s software components provided to You by the Licensor under this Agreement.
Trademark: the trademarks, service marks, and any other similar rights.
You: the recipient of the Software pursuant to this Agreement, including both (a) the individual agreeing to this Agreement and (b) if receiving the Software or agreeing on behalf of or representing an entity, sole proprietorship or other organization, that organization.
Your Company: any legal entity, sole proprietorship, or other kind of organization that You work for or represent, plus all organizations that have Control over, are under the Control of, or are under common Control with that organization.
Your Licenses: means all the Licenses granted to You under this Agreement.
License
The Licensor grants You a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license under the Licensor’s copyrights to use, copy, distribute internally, and prepare derivative works of the Software, in each case subject to, and conditional on compliance with, the limitations and conditions below.
Limitations
You may not and will not make the functionality of the Software or a Modified version available to third parties as a service or distribute the Software or a Modified version in a manner that makes the functionality of the Software directly or indirectly available to third parties.
Making the functionality of the Software or Modified version available to third parties includes, without limitation, enabling third parties to interact with the functionality of the Software or Modified version in distributed form or remotely through a computer network, offering a product or service, the value of which derives to any extent from the value of the Software or Modified version, or offering a product or service that accomplishes for users any purpose of the Software or Modified version.
Examples of third parties that are prohibited under this limitation include but are not limited to:
Sourcegraph and Sourcegraph Batch Changes
Amazon Q Code Transformer
Broadcom Application Advisor
You may not and will not alter, remove, or obscure any licensing, copyright, or other notices of the Licensor in the Software. Any use of the Licensor’s Trademarks is subject to applicable law (but no license is granted hereunder with respect to the Licensor’s Trademarks).
Patents
The Licensor grants You a license, under any of the Licensor’s patent claims covering the Software, to make, have made, use, import and have imported the Software, in each case subject to, and conditional upon compliance with, the limitations and conditions in this Agreement. This license does not cover any patent claims that You cause to be infringed by Modifications or additions to the Software. If You or Your Company make any claim that the Software (or any Modification owned by or available from the Licensor) infringes or contributes to infringement of any patent, the patent license granted under this Agreement ends immediately.
Notices
You must ensure that anyone who gets a copy of any part of the Software or a Modification from You also gets a copy of the terms and conditions in this Agreement.
If You modify the Software, You must include in any Modified copies of the Software prominent notices stating that You have Modified the Software.
No Other Rights
The terms and conditions of this Agreement do not imply any licenses other than those expressly granted in this Agreement.
Termination
If You violate this Agreement or if You engage in any activity regarding the Software beyond or in conflict with the terms of this Agreement, such activity is not licensed, and Your Licenses will automatically terminate. If the Licensor provides You with a notice of your violation and gives you an option to cure, and You cease and cure all violations of this License no later than 30 days after You receive that notice, Your Licenses will be reinstated retroactively. However, if You violate this Agreement after such reinstatement, any additional violation of this Agreement will cause your Licenses to terminate automatically and permanently.
No Liability
AS FAR AS THE LAW ALLOWS, THE SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FURTHERMORE THE LICENSOR WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (OR, TO THE EXTENT LEGALLY PERMISSIBLE, ANY OTHER DAMAGES) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE, UNDER ANY KIND OF LEGAL CLAIM (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE).
Governing Law and Jurisdiction
This Agreement will be construed and enforced in all respects in accordance with the laws of the State of Delaware, U.S.A., without reference to its choice of law rules. The courts located in Delaware have exclusive jurisdiction for all purposes relating to this Agreement, provided that the Licensor may apply to any court of competent jurisdiction for injunctive relief.
MonetDB Public License Version 1.1
This License is a derivative of the Mozilla Public License (MPL) Version 1.1, where the difference is that all references to "Mozilla" and "Netscape" have been changed to "MonetDB", and that the License has been made subject to the laws of The Netherlands.
1. Definitions.
1.0.1. "Commercial Use"
means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor"
means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the legal file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4 (a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the legal file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
MonetDB B.V. may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by MonetDB B.V. No one other than MonetDB B.V. has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "MonetDB" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the MonetDB Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. Disclaimer of warranty
Covered code is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the covered code is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the covered code is with you. Should any covered code prove defective in any respect, you (not the initial developer or any other contributor) assume the cost of any necessary servicing, repair or correction. This disclaimer of warranty constitutes an essential part of this license. No use of any covered code is authorized hereunder except under this disclaimer.
8. Termination
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. Limitation of liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall you, the initial developer, any other contributor, or any distributor of covered code, or any supplier of any of such parties, be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.
10. U.S. government end users
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the laws of The Netherlands and You hereby irrevocably agree that the Courts of Amsterdam, The Netherlands, are to have jurisdiction to settle any disputes which may arise out of or in connection with this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for claims
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-licensed code
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MonetDB Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
Exhibit A - MonetDB Public License.
"The contents of this file are subject to the MonetDB Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.monetdb.org/Legal/MonetDBLicense
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is .
The Initial Developer of the Original Code is .
Portions created by are Copyright (C)
. All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms
of the license (the "[ ] License"), in which case the
provisions of [ ] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [ ] License and not to allow others to use
your version of this file under the MonetDB Public License, indicate
your decision by deleting the provisions above and replace them with
the notice and other provisions required by the [ ] License. If you
do not delete the provisions above, a recipient may use your version
of this file under either the MonetDB Public License or the [ ] License."
NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.
Server Side Public License
VERSION 1, OCTOBER 16, 2018
Copyright © 2018 MongoDB, Inc.
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
TERMS AND CONDITIONS
0. Definitions.
“This License” refers to Server Side Public License.
“Copyright” also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this
License. Each licensee is addressed as “you”. “Licensees” and
“recipients” may be individuals or organizations.
To “modify” a work means to copy from or adapt all or part of the work in
a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a “modified version” of the
earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on
the Program.
To “propagate” a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To “convey” a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through a
computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the
extent that it includes a convenient and prominently visible feature that
(1) displays an appropriate copyright notice, and (2) tells the user that
there is no warranty for the work (except to the extent that warranties
are provided), that licensees may convey the work under this License, and
how to view a copy of this License. If the interface presents a list of
user commands or options, such as a menu, a prominent item in the list
meets this criterion.
1. Source Code.
The “source code” for a work means the preferred form of the work for
making modifications to it. “Object code” means any non-source form of a
work.
A “Standard Interface” means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that is
widely used among developers working in that language. The “System
Libraries” of an executable work include anything, other than the work as
a whole, that (a) is included in the normal form of packaging a Major
Component, but which is not part of that Major Component, and (b) serves
only to enable use of the work with that Major Component, or to implement
a Standard Interface for which an implementation is available to the
public in source code form. A “Major Component”, in this context, means a
major essential component (kernel, window system, and so on) of the
specific operating system (if any) on which the executable work runs, or
a compiler used to produce the work, or an object code interpreter used
to run it.
The “Corresponding Source” for a work in object code form means all the
source code needed to generate, install, and (for an executable work) run
the object code and to modify the work, including scripts to control
those activities. However, it does not include the work's System
Libraries, or general-purpose tools or generally available free programs
which are used unmodified in performing those activities but which are
not part of the work. For example, Corresponding Source includes
interface definition files associated with source files for the work, and
the source code for shared libraries and dynamically linked subprograms
that the work is specifically designed to require, such as by intimate
data communication or control flow between those subprograms and other
parts of the work.
The Corresponding Source need not include anything that users can
regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program, subject to section 13. The
output from running a covered work is covered by this License only if the
output, given its content, constitutes a covered work. This License
acknowledges your rights of fair use or other equivalent, as provided by
copyright law. Subject to section 13, you may make, run and propagate
covered works that you do not convey, without conditions so long as your
license otherwise remains in force. You may convey covered works to
others for the sole purpose of having them make modifications exclusively
for you, or provide you with facilities for running those works, provided
that you comply with the terms of this License in conveying all
material for which you do not control copyright. Those thus making or
running the covered works for you must do so exclusively on your
behalf, under your direction and control, on terms that prohibit them
from making any copies of your copyrighted material outside their
relationship with you.
Conveying under any other circumstances is permitted solely under the
conditions stated below. Sublicensing is not allowed; section 10 makes it
unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article 11
of the WIPO copyright treaty adopted on 20 December 1996, or similar laws
prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention is
effected by exercising rights under this License with respect to the
covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's users,
your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice; keep
intact all notices stating that this License and any non-permissive terms
added in accord with section 7 apply to the code; keep intact all notices
of the absence of any warranty; and give all recipients a copy of this
License along with the Program. You may charge any price or no price for
each copy that you convey, and you may offer support or warranty
protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the terms
of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it,
and giving a relevant date.
b) The work must carry prominent notices stating that it is released
under this License and any conditions added under section 7. This
requirement modifies the requirement in section 4 to “keep intact all
notices”.
c) You must license the entire work, as a whole, under this License to
anyone who comes into possession of a copy. This License will therefore
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whole of the work, and all its parts, regardless of how they are
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d) If the work has interactive user interfaces, each must display
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A compilation of a covered work with other separate and independent
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access or legal rights of the compilation's users beyond what the
individual works permit. Inclusion of a covered work in an aggregate does
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6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of
sections 4 and 5, provided that you also convey the machine-readable
Corresponding Source under the terms of this License, in one of these
ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium customarily
used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a written
offer, valid for at least three years and valid for as long as you
offer spare parts or customer support for that product model, to give
anyone who possesses the object code either (1) a copy of the
Corresponding Source for all the software in the product that is
covered by this License, on a durable physical medium customarily used
for software interchange, for a price no more than your reasonable cost
of physically performing this conveying of source, or (2) access to
copy the Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This alternative is
allowed only occasionally and noncommercially, and only if you received
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d) Convey the object code by offering access from a designated place
(gratis or for a charge), and offer equivalent access to the
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Corresponding Source along with the object code. If the place to copy
the object code is a network server, the Corresponding Source may be on
a different server (operated by you or a third party) that supports
equivalent copying facilities, provided you maintain clear directions
next to the object code saying where to find the Corresponding Source.
Regardless of what server hosts the Corresponding Source, you remain
obligated to ensure that it is available for as long as needed to
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e) Convey the object code using peer-to-peer transmission, provided you
inform other peers where the object code and Corresponding Source of
the work are being offered to the general public at no charge under
subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be included
in conveying the object code work.
A “User Product” is either (1) a “consumer product”, which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, “normally used” refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
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the only significant mode of use of the product.
“Installation Information” for a User Product means any methods,
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and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
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code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as part
of a transaction in which the right of possession and use of the User
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(regardless of how the transaction is characterized), the Corresponding
Source conveyed under this section must be accompanied by the
Installation Information. But this requirement does not apply if neither
you nor any third party retains the ability to install modified object
code on the User Product (for example, the work has been installed in
ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access
to a network may be denied when the modification itself materially
and adversely affects the operation of the network or violates the
rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in
accord with this section must be in a format that is publicly documented
(and with an implementation available to the public in source code form),
and must require no special password or key for unpacking, reading or
copying.
7. Additional Terms.
“Additional permissions” are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall be
treated as though they were included in this License, to the extent that
they are valid under applicable law. If additional permissions apply only
to part of the Program, that part may be used separately under those
permissions, but the entire Program remains governed by this License
without regard to the additional permissions. When you convey a copy of
a covered work, you may at your option remove any additional permissions
from that copy, or from any part of it. (Additional permissions may be
written to require their own removal in certain cases when you modify the
work.) You may place additional permissions on material, added by you to
a covered work, for which you have or can give appropriate copyright
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Notwithstanding any other provision of this License, for material you add
to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
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author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
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All other non-permissive additional terms are considered “further
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received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further restriction,
you may remove that term. If a license document contains a further
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8. Termination.
You may not propagate or modify a covered work except as expressly
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it is void, and will automatically terminate your rights under this
License (including any patent licenses granted under the third paragraph
of section 11).
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally terminates
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Moreover, your license from a particular copyright holder is reinstated
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you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the
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9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a
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the Corresponding Source of the work is not available for anyone to copy,
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Nothing in this License shall be construed as excluding or limiting any
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available to you under applicable patent law.
12. No Surrender of Others' Freedom.
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example, if you agree to terms that obligate you to collect a royalty for
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13. Offering the Program as a Service.
If you make the functionality of the Program or a modified version
available to third parties as a service, you must make the Service Source
Code available via network download to everyone at no charge, under the
terms of this License. Making the functionality of the Program or
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without limitation, enabling third parties to interact with the
functionality of the Program or modified version remotely through a
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“Service Source Code” means the Corresponding Source for the Program or
the modified version, and the Corresponding Source for all programs that
you use to make the Program or modified version available as a service,
including, without limitation, management software, user interfaces,
application program interfaces, automation software, monitoring software,
backup software, storage software and hosting software, all such that a
user could run an instance of the service using the Service Source Code
you make available.
14. Revised Versions of this License.
MongoDB, Inc. may publish revised and/or new versions of the Server Side
Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new
problems or concerns.
Each version is given a distinguishing version number. If the Program
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any later version published by MongoDB, Inc. If the Program does not
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If the Program specifies that a proxy can decide which future versions of
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Later license versions may give you additional or different permissions.
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holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY
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IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING
ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
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17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above
cannot be given local legal effect according to their terms, reviewing
courts shall apply local law that most closely approximates an absolute
waiver of all civil liability in connection with the Program, unless a
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END OF TERMS AND CONDITIONS
Monkey's Audio Program License Agreement
1. Monkey's Audio is completely free for personal, educational, or commercial
use.
2. Although the software has been tested thoroughly, the author is in no way
responsible for damages due to bugs or misuse.
3. The redistribution of Monkey's Audio is only allowed in cases where the
original installer and components therein have not been modified.
4. The use of Monkey's Audio or any component thereof from another program
requires compliance with the 'Monkey's Audio SDK and Source Code License
Agreement'.
5. Installing and using Monkey's Audio signifies the acceptance of these terms.
If you do not agree with any of the above terms, you must cease using Monkey's
Audio and remove it from your storage device.
Monkey's Audio SDK and Source Code License Agreement
1. The Monkey's Audio SDK and source code can be freely used to add APE format
playback, encoding, or tagging support to any product, free or commercial.
2. Monkey's Audio source can be included in GPL and open-source software,
although Monkey's Audio itself will not be subjected to external licensing
requirements or other viral source restrictions.
3. Any source code, ideas, or libraries used must be plainly acknowledged in the
software using the code.
4. Although the software has been tested thoroughly, the author is in no way
responsible for damages due to bugs or misuse.
5. If you do not completely agree with all of the previous stipulations, you
must cease using this source code and remove it from your storage device.
Modified MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy
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THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
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Our only modification part is that, if the Software (or any derivative works
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The Institute of Electrical and Electronics Engineers and The Open Group,
have given us permission to reprint portions of their documentation.
In the following statement, the phrase ``this text'' refers to portions
of the system documentation.
Portions of this text are reprinted and reproduced in electronic form
in the source code of Morbig, from IEEE Std 1003.1, 2016 Edition,
Standard for Information Technology -- Portable Operating System
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Copyright (C) 2016 by The Institute of Electrical and Electronics
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This notice shall appear on any product containing this material.
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in the text as a conflict with the Standard.
THE SOFTWARE is provided on an "AS IS" basis and without warranty.
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MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1
This Motosoto Open Source License (the "License") applies to "Community Portal Server" and related software products as well as any updatesor maintenance releases of that software ("Motosoto Products") that are distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto Product licensed pursuant to this License is a "Licensed Product." Licensed Product, in its entirety, is protected by Dutch copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product and has been submitted to the Open Software Initiative (OSI) for approval.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble. This License complies with the Open Source Definition and has been approved by Open Source Initiative. Software distributed under this License may be marked as "OSI Certified Open Source Software."
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time. You may choose to continue to use the license terms in this version of the License or those from the new version. However, only the Licensor has the right to change the License terms as they apply to the Licensed Product. This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor.
Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute Licensed Product or portions thereof (including Modifications as hereinafter defined), in both Source Code or as an executable program. "Source Code" means the preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product.
b. Create Derivative Works (as that term is defined under Dutch copyright law) of Licensed Product by adding to or deleting from the substance or structure of said Licensed Product.
c. Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Licensed Product or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Licensed Product or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor.
"Modifications" means any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant.
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(e).
b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of said Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
c. Description of Modifications. You must cause any Modifications that you create or to which you contribute, and which you distribute, to contain a file documenting the additions, changes or deletions you made to create or contribute to those Modifications, and the dates of any such additions, changes or deletions. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Product and include the names of the Licensor and any Contributor to the Licensed Product in (i) the Source Code and (ii) in any notice displayed by a version of the Licensed Product you distribute or in related documentation in which you describe the origin or ownership of the Licensed Product. You may not modify or delete any preexisting copyright notices in the Licensed Product.
d. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to 4(d)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
e. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
f. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(e) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), (iii) you retain all existing copyright notices in the Licensed Product, and (iv) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
g. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
5. Inability to Comply Due to Statute or Regulation.
If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
6. Application of This License.
This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
7. Versions of This License.
a. Version. The Motosoto Open Source License is derived from the Jabber Open Source License. All changes are related to applicable law and the location of court.
b. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
c. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product under the terms of any subsequent version of the License published by Licensor. No one other than Lic ensor has the right to modify the terms applicable to Licensed Product created under this License.
d. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty.
LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as "Respondent") alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and reselle rs) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
11. Responsibility for Claims.
As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12 .U.S. Government End Users.
The Licensed Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous.
This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Dutch law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
14. Definition of "You" in This License.
"You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, "you" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15. Glossary.
All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under Dutch copyright law. (See Section 1(b))
License: This Motosoto Open Source License. (See first paragraph of License)
Licensed Product: Any Motosoto Product licensed pursuant to this License. The term
"Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensor: Motosoto.Com B.V.. (See first paragraph of License)
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product.
Mov.AI License version 1.0 [https://www.mov.ai/flow-license]
Acceptance
By using the software, you agree to all of the terms and conditions below.
Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations and conditions below.
Limitations
Except as specifically allowed below, you may use the software for your own internal business purposes only, and you may make the software available to others for your own internal business purposes only. For clarity, except as specifically allowed below, you may not provide the software to third parties as a hosted or managed service, and you may not distribute the software to third parties in exchange for any commercial benefit.
You may install the software, in executable form, on robots, and distribute the software by selling or transferring those robots to others, but if you do so, you must limit the use of the software to use on the robot, in executable form, you must not charge separate fees for the software.
You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the software. Any use of the licensor’s trademarks is subject to applicable law.
Patents
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the software, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the software. If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
Notices
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms.
If you modify the software, you must include in any modified copies of the software prominent notices stating that you have modified the software.
No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
Termination
If you use the software in violation of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.
No Liability
As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.
Definitions
The “licensor” is MOV.AI Ltd. or its subsidiaries.
A “robot” is a hardware robotic device or system.
The “software” is any software the licensor makes available under these terms, including any portion of it.
“you” refers to the individual or entity agreeing to these terms.
“your company” is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
“your licenses” are all the licenses granted to you for the software under these terms.
“use” means anything you do with the software requiring one of your licenses.
“trademark” means trademarks, service marks, and similar rights.
The software accompanying this license statement (the “Software”)
is the property of Moxa Inc. (the “Moxa”), and is protected by
United States and International Copyright Laws and International
treaty provisions. No ownership rights are granted by this
Agreement or possession of the Software. Therefore, you must treat
the Licensed Software like any other copyrighted material. Your
rights and obligations in its use are described as follows:
1. You may freely redistribute this software under this license.
2. You may freely download and use this software on Moxa's device.
3. You may not modify or attempt to reverse engineer the software, or
make any attempt to change or even examine the source code of the
software.
4. You may not re-license or sub-license the software to any person or
business, using any other license.
5. Moxa(r) is worldwide registered trademark.
THIS MATERIAL IS PROVIDED AS IS, WITH ABSOLUTELY NO WARRANTY EXPRESSED
OR IMPLIED. ANY USE IS AT YOUR OWN RISK.
Permission is hereby granted to use or copy this program for any
purpose, provided the above notices are retained on all copies.
Permission to modify the code and to distribute modified code is
granted, provided the above notices are retained, and a notice that
the code was modified is included with the above copyright notice.
Mozilla Open Software Patent License Agreement v1
This Open Software Patent License Agreement ("Agreement") is made between you and the Licensor identified below. For purposes of this Agreement, you means you and your Affiliates, and Licensor means the Mozilla Corporation, Mozilla Foundation and any of their Affiliates.
1. Definitions
a. "Affiliate" means any entity owned or controlled by you or Licensor, as applicable, either now or in the future.
b. "Mozilla Patents" means all Patents owned, or licensable as described in this Agreement, at any time during the License Term, by Licensor.
c. "Open Patent Licensing" means royalty-free and non-discriminatory licensing or cross-licensing arrangements such as open source licenses or open standards licensing.
d. "Open Source Software" means Software that is made generally publicly available under an open source license, which means a license meeting the Open Source Definition as published by the Open Source Initiative. For clarity, Software that is made available under multiple licenses will be considered Open Source Software only to the extent it is used under an open source license.
e. A "Participant" means any party that is bound to any version of this Agreement, including you.
f. A "Patent" means a patent, and any continuation, divisional, continuation-in-part, or other patent that claims priority therefrom.
g. "Software" means instructions for programmable physical apparatus, but excludes all physical apparatus, such as computer processors, computer hardware, and peripheral devices. For clarity, "Software" excludes semiconductor mask works, and includes services consisting of making available the functionality of software.
h. "Your Patents" means all Patents owned, or licensable as described in this Agreement, at any time during the License Term, by you.
2. Acceptance and Effectiveness. You will be bound to this Agreement if you (a) make, use, sell, import or otherwise exploit any Software, or practice any method embodied in Software, in such a fashion that, absent the licenses granted to you herein, would infringe any Licensor Patent; (b) take any action knowingly relying on the licenses granted to you herein, or (c) show in any other reasonable way your intention to be bound to this Agreement. The License Term will begin upon the first to occur of any of a, b, or c of this paragraph and continue unless and until your license is terminated under Section 4. In the event it is determined by a court of competent jurisdiction that this Agreement is not binding on you, then the licenses granted by Licensor and any other Participant to you hereunder will be void ab initio (i.e. will have never been granted to you).
3. Conditional License
a. Subject to Section 3(b), Licensor, on behalf of itself and each of its Affiliates, hereby grants to you and your Affiliates a royalty-free, fully-paid-up, worldwide, non-exclusive, non-transferable license under Licensor Patents to make, have made, use, sell, offer for sale, import, and otherwise exploit any Software and practice any method embodied in Software.
b. In consideration for the rights granted hereunder in Section 3(a), you agree to grant, upon request and upon reasonable, non-discriminatory and royalty free terms and conditions, to Licensor and any Participant a royalty-free, fully-paid-up, worldwide, non-exclusive, non-transferable license under your Patents to make, have made, use, sell, offer for sale, import, and otherwise exploit any Open Source Software and practice any method embodied in Open Source Software. As used in this paragraph, "reasonable" means, without limitation, that such terms must not place any restrictions on the practice of your Patents that would prohibit use, modification and redistribution of the applicable software under the terms of Open Source Licenses. By way of example and not limitation, such terms must not restrict the field of use of the Software, or prohibit modification of the Software.
c. Mozilla or others may license Patents to you under other terms, such as Open Patent Licensing efforts, and any other such license granted to you will not limit your rights under this License.
d. During the License Term, you may transfer your rights, licenses and obligations under this Agreement in connection with a merger, acquisition, or sale of all or substantially all of your assets related to this Agreement, to a party that (1) expresses in writing its intention to be bound (sufficient to meet the conditions of Section 2), and (2) has not asserted Claims as described in Section 4 prior to the date of transfer.
e. You acknowledge that this Agreement does not reflect a royalty that might otherwise have been negotiated at arms’ length for any Patent, and that this Agreement is not intended to affect any determination of whether infringement of any Patent may be adequately compensated by money damages.
f. Each Participant is an intended third party beneficiary of this Agreement.
4. Termination
a. If you bring a Claim, the licenses granted to you by Mozilla and all other Participants will immediately terminate as of the date you bring such Claim. For purposes of the foregoing, a "Claim" means (a) filing any lawsuit or other legal action (including any action to enjoin import of products) asserting infringement of your Patent by Software, (b) making any written claims of infringement of any of your Patents by Software, including requests to cease and desist infringement, or (c) assisting any third party to bring any such claim. However, "Claims" will not include (x) claims of patent infringement brought by you as counter-claims or cross-claims in any third party claim of patent infringement against you; or (y) invitations or offers to license Patents in connection with Open Patent Licensing.
b. You may terminate the License Term by making a public statement of your intention to no longer be party to this Agreement, stating a date of termination of the License Term no earlier than the date of such statement, and stating in good faith that to your knowledge, you will not infringe any Mozilla Patent as of the end of the License Term. In such case, the licenses granted to you by all Participants will terminate effective as of the end of the License Term, and your licenses under Section 3(b) will also terminate as of the end of the License Term.
5. General
a. This is the entire agreement between Mozilla and you on the subject matter of this Agreement. In the event that any term or condition contained in this Agreement shall be determined by any court of competent jurisdiction to be unenforceable by reason of its extending for too great a period of time or over too great a geographical area or by reason of its being too extensive in any other respect, it shall be interpreted to extend only over the maximum period of time for which it may be enforceable and/or over the maximum geographical area as to which it may be enforceable and/or to the maximum extent in all other respects as to which it may be enforceable, all as determined by such court in such action.
b. The text of this Agreement is provided to you under the CC0 1.0 Universal Waiver.
c. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not be used to construe the terms of this Agreement against any Participant.
If you would like to show your intention to be bound by this Agreement, you may wish to make the following statement: "ZXQ, Inc. hereby states that it intends to be bound by the Mozilla Open Software Patent License Agreement for Mozilla, version , as of [date]."
If you would like to use the text of this agreement for your own patent licensing, you may feel free to do so. However, to avoid confusion please remove all references to "Mozilla" from your version of the agreement. You may wish to say that your agreement is "based on the Mozilla Open Software Patent License Agreement," for informational purposes, but you are not required to do so.
This software module was originally developed by
(contributing organizations names)
in the course of development of the MPEG-7 Experimentation Model.
This software module is an implementation of a part of one or more MPEG-7
Experimentation Model tools as specified by the MPEG-7 Requirements.
ISO/IEC gives users of MPEG-7 free license to this software module or
modifications thereof for use in hardware or software products claiming
conformance to MPEG-7.
Those intending to use this software module in hardware or software products
are advised that its use may infringe existing patents. The original
developer of this software module and his/her company, the subsequent
editors and their companies, and ISO/IEC have no liability for use of this
software module or modifications thereof in an implementation.
Copyright is not released for non MPEG-7 conforming products. The
organizations named above retain full right to use the code for their own
purpose, assign or donate the code to a third party and inhibit third parties
from using the code for non MPEG-7 conforming products.
Copyright (c) 1998-1999.
modified by authors to handle small pictures on Jan. 06, 2000.
modified by authors for compatibility with Visual C++ Compiler Jan.20, 2000
This notice must be included in all copies or derivative works.
/************************* MPEG-2 NBC Audio Decoder **************************
* *
"This software module was originally developed by
AT&T, Dolby Laboratories, Fraunhofer Gesellschaft IIS in the course of
development of the MPEG-2 NBC/MPEG-4 Audio standard ISO/IEC 13818-7,
14496-1,2 and 3. This software module is an implementation of a part of one or more
MPEG-2 NBC/MPEG-4 Audio tools as specified by the MPEG-2 NBC/MPEG-4
Audio standard. ISO/IEC gives users of the MPEG-2 NBC/MPEG-4 Audio
standards free license to this software module or modifications thereof for use in
hardware or software products claiming conformance to the MPEG-2 NBC/MPEG-4
Audio standards. Those intending to use this software module in hardware or
software products are advised that this use may infringe existing patents.
The original developer of this software module and his/her company, the subsequent
editors and their companies, and ISO/IEC have no liability for use of this software
module or modifications thereof in an implementation. Copyright is not released for
non MPEG-2 NBC/MPEG-4 Audio conforming products.The original developer
retains full right to use the code for his/her own purpose, assign or donate the
code to a third party and to inhibit third party from using the code for non
MPEG-2 NBC/MPEG-4 Audio conforming products. This copyright notice must
be included in all copies or derivative works."
Copyright(c)1996.
* *
****************************************************************************/
Disclaimer of Warranty
These software programs are available to the user without any license fee or
royalty on an "as is" basis. The MPEG Software Simulation Group disclaims
any and all warranties, whether express, implied, or statuary, including any
implied warranties or merchantability or of fitness for a particular
purpose. In no event shall the copyright-holder be liable for any
incidental, punitive, or consequential damages of any kind whatsoever
arising from the use of these programs.
This disclaimer of warranty extends to the user of these programs and user's
customers, employees, agents, transferees, successors, and assigns.
The MPEG Software Simulation Group does not represent or warrant that the
programs furnished hereunder are free of infringement of any third-party
patents.
Commercial implementations of MPEG-1 and MPEG-2 video, including shareware,
are subject to royalty fees to patent holders. Many of these patents are
general enough such that they are unavoidable regardless of implementation
design.
Permission is hereby granted to use, reproduce, prepare derivative
works, and to redistribute to others.
DISCLAIMER
Neither Etnus, nor any of their employees, makes any warranty
express or implied, or assumes any legal liability or
responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights.
COPYRIGHT
The following is a notice of limited availability of the code, and disclaimer
which must be included in the prologue of the code and in all source listings
of the code.
Copyright Notice
+ 2002 University of Chicago
Permission is hereby granted to use, reproduce, prepare derivative works, and
to redistribute to others. This software was authored by:
Mathematics and Computer Science Division
Argonne National Laboratory, Argonne IL 60439
(and)
Department of Computer Science
University of Illinois at Urbana-Champaign
GOVERNMENT LICENSE
Portions of this material resulted from work developed under a U.S.
Government Contract and are subject to the following license: the Government
is granted for itself and others acting on its behalf a paid-up, nonexclusive,
irrevocable worldwide license in this computer software to reproduce, prepare
derivative works, and perform publicly and display publicly.
DISCLAIMER
This computer code material was prepared, in part, as an account of work
sponsored by an agency of the United States Government. Neither the United
States, nor the University of Chicago, nor any of their employees, makes any
warranty express or implied, or assumes any legal liability or responsibility
for the accuracy, completeness, or usefulness of any information, apparatus,
product, or process disclosed, or represents that its use would not infringe
privately owned rights.
MOZILLA PUBLIC LICENSE
Version 1.0
1. Definitions.
1.1. ``Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ``Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ``Executable'' means Covered Code in any form other than Source Code.
1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ``License'' means this document.
1.9. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ``Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. ``Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims. If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled ``LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Netscape Communications Corporation (``Netscape'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works. If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
EXHIBIT A.
``The contents of this file are subject to the Mozilla Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is . Portions created by are Copyright (C) . All Rights Reserved.
Contributor(s): .''
MOZILLA PUBLIC LICENSE
Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is . Portions created by are Copyright (C) . All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms of the license (the "[ ] License"), in which case the provisions of [ ] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [ ] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [ ] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [ ] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
This Source Code Form is "Incompatible With Secondary Licenses", as
defined by the Mozilla Public License, v. 2.0.
Mozilla Public License Version 2.0
==================================
1. Definitions
--------------
1.1. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution"
means Covered Software of a particular Contributor.
1.4. "Covered Software"
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means
(a) that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
(b) that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the
terms of a Secondary License.
1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines Covered Software with other material, in
a separate file or files, that is not Covered Software.
1.8. "License"
means this document.
1.9. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.10. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the
License, by the making, using, selling, offering for sale, having
made, import, or transfer of either its Contributions or its
Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:
(a) for any code that a Contributor has removed from Covered Software;
or
(b) for infringements caused by: (i) Your and any other third party's
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
(c) under Patent Claims infringed by Covered Software in the absence of
its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of Covered
Software with a work governed by one or more Secondary Licenses, and the
Covered Software is not Incompatible With Secondary Licenses, this
License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the Covered
Software under the terms of either this License or such Secondary
License(s).
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on
behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Covered Software is provided under this License on an "as is" *
* basis, without warranty of any kind, either expressed, implied, or *
* statutory, including, without limitation, warranties that the *
* Covered Software is free of defects, merchantable, fit for a *
* particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
* Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
* repair, or correction. This disclaimer of warranty constitutes an *
* essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Software as *
* permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party's negligence to the *
* extent applicable law prohibits such limitation. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the Mozilla Public
License, v. 2.0. If a copy of the MPL was not distributed with this
file, You can obtain one at http://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------
This Source Code Form is "Incompatible With Secondary Licenses", as
defined by the Mozilla Public License, v. 2.0.
License: Custom License
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS API CODE PACK FOR MICROSOFT .NET FRAMEWORK
___________________________________________________
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
_______________________________________________________________________________________
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
• You may use any number of copies of the software to design, develop and test your programs that run on a Microsoft Windows operating system.
• This agreement gives you rights to the software only. Any rights to a Microsoft Windows operating system (such as testing pre-release versions of Windows in a live operating environment) are provided separately by the license terms for Windows.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
i. Distributable Code. You may modify, copy, and distribute the software, in source or compiled form, to run on a Microsoft Windows operating system.
ii. Distribution Requirements. If you distribute the software, you must
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• if you modify the software and distribute such modified files, include prominent notices in such modified files so that recipients know that they are not receiving the original software;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs or to your modifications to the software.
iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the software;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• include the software in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of the software so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.
4. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see <http://www.microsoft.com/exporting>.
5. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
7. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
8. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
9. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE SUPPLEMENT LICENSE TERMS
MICROSOFT ASP.NET 2.0 AJAX EXTENSIONS
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (the "software"), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.
1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this supplement as described at www.support.microsoft.com/common/international.aspx <http://www.support.microsoft.com/common/international.aspx>.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. This supplement contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
- REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
- Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
- add significant primary functionality to it in your programs;
- distribute Distributable Code included in a setup program only as part of that setup program without modification;
- require distributors and external end users to agree to terms that protect it at least as much as this agreement;
- display your valid copyright notice on your programs; and
- indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
- alter any copyright, trademark or patent notice in the Distributable Code;
- use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
- distribute Distributable Code to run on a platform other than the Windows platform;
- include Distributable Code in malicious, deceptive or unlawful programs; or
- modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use,
modification or distribution, that
- the code be disclosed or distributed in source code form; or
- others have the right to modify it.
b. Microsoft Ajax Library. This supplement includes the Microsoft AJAX Library. The license terms accompanying that additional software apply to it.
This installation contains the following software, the license terms of each of which are included below:
· Microsoft ASP.NET Model View Controller 3 Tools Update
· Microsoft ASP.NET Web Pages
· Microsoft Package Manager for .NET
· Microsoft software update to Visual Studio, KB2483190
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET MODEL VIEW CONTROLLER 3 TOOLS UPDATE
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your ASP.NET programs. You may modify, copy, and distribute or deploy any .js files contained in the software as part of your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. In addition to the .js files described above, the software contains code that you are permitted to distribute in ASP.NET programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· System.Web.Mvc.dll. You may copy and distribute the object code form of System.Web.Mvc.dll.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. THIRD PARTY NOTICES. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Microsoft’s service and support obligations, if any, apply only to the unmodified third party code running on ASP.NET.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
* * * * *
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET WEB PAGES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· Redistributable DLL Files. You may copy and distribute the object code form of the following files:
§ Microsoft.Web.Infrastructure.dll;
§ NuGet.Core.dll;
§ System.Web.Helpers.dll;
§ System.Web.Razor.dll;
§ System.Web.WebPages.Administration.dll;
§ System.Web.WebPages.Deployment.dll;
§ System.Web.WebPages.dll;
§ System.Web.WebPages.Razor.dll;
§ WebMatrix.Data.dll;
§ WebMatrix.WebData.dll.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may elect to not use it. For more information about this feature, see the software documentation and the privacy statement available at go.microsoft.com/fwlink/?LinkID=205205. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft or a third-party service provider uses this information to make the Internet-based service available to you.
A. Open Data Protocol (OData) Service. This software will access a list of packages that is supplied by means of an OData service online from Microsoft or a third-party service provider.
ii. Installing Packages and their Dependencies. Please refer to the "Package Manager Feature" section below for a description of this feature.
iii. Use of Information. We or a third-party service provider may use the computer information, to improve our or their software and services. We or they may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. PACKAGE MANAGER FEATURE. This software includes a package manager feature, which enables you to obtain other software packages from other sources. Those packages are offered and distributed in some cases by third parties or in some cases by Microsoft, but each such package is under its own license terms. Microsoft is not developing, distributing or licensing any of the third-party packages to you, but instead, as a convenience, is providing you with this package manager feature in order to access any packages for your own use. By using this package manager feature, you acknowledge and agree that you may be accessing and using the third-party packages as distributed by such third parties and under the separate license terms applicable to each package, including any terms applicable to software dependencies that may be included in the package. You acknowledge and agree that it is your responsibility to locate, understand and comply with all applicable license terms for each package and its dependencies, for example, by following the package source (feed) URL or by reviewing the packages for embedded notices or license terms. The package manager feature may have been pre-set to a feed that is hosted by Microsoft or a third party service provider, located at go.microsoft.com/fwlink/?LinkID=206669. The packages listed on this feed may include packages submitted by third parties. Microsoft makes no representations, warranties or guarantees as to the feed URL, any feeds from such URL, the information contained therein, or any packages referenced in or accessed by you through such feeds. Microsoft grants you no license rights for third-party software that is obtained using this feature or from the feed. You may change the feed URL that the package manager feature initially points to at any time at your discretion.
5. THIRD PARTY NOTICES. The package manager feature of the software includes third party code. However, such code is licensed to you by Microsoft under this license agreement, rather than licensed to you by any third party under some other license terms. Notices, if any, for the third party code are included with this software for your information only.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
10. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
* * * * *
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT PACKAGE MANAGER FOR .NET
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· NuGet.Core.dll. You may copy and distribute the object code form of NuGet.Core.dll.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may elect to not use it. For more information about this feature, see the software documentation and the privacy statement available at go.microsoft.com/fwlink/?LinkID=205205. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft or a third-party service provider uses this information to make the Internet-based service available to you.
A. Open Data Protocol (OData) Service. This software will access a list of packages that is supplied by means of an OData service online from Microsoft or a third-party service provider.
ii. Installing Packages and their Dependencies. Please refer to the "Package Manager Feature" section below for a description of this feature.
iii. Use of Information. We or a third-party service provider may use the computer information, to improve our or their software and services. We or they may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. PACKAGE MANAGER FEATURE. This software includes a package manager feature, which enables you to obtain other software packages from other sources. Those packages are offered and distributed in some cases by third parties or in some cases by Microsoft, but each such package is under its own license terms. Microsoft is not developing, distributing or licensing any of the third-party packages to you, but instead, as a convenience, is providing you with this package manager feature in order to access any packages for your own use. By using this package manager feature, you acknowledge and agree that you may be accessing and using the third-party packages as distributed by such third parties and under the separate license terms applicable to each package, including any terms applicable to software dependencies that may be included in the package. You acknowledge and agree that it is your responsibility to locate, understand and comply with all applicable license terms for each package and its dependencies, for example, by following the package source (feed) URL or by reviewing the packages for embedded notices or license terms. The package manager feature may have been pre-set to a feed that is hosted by Microsoft or a third party service provider, located at go.microsoft.com/fwlink/?LinkID=206669. The packages listed on this feed may include packages submitted by third parties. Microsoft makes no representations, warranties or guarantees as to the feed URL, any feeds from such URL, the information contained therein, or any packages referenced in or accessed by you through such feeds. Microsoft grants you no license rights for third-party software that is obtained using this feature or from the feed. You may change the feed URL that the package manager feature initially points to at any time at your discretion.
5. THIRD PARTY NOTICES. The package manager feature of the software includes third party code. However, such code is licensed to you by Microsoft under this license agreement, rather than licensed to you by any third party under some other license terms. Notices, if any, for the third party code are included with this software for your information only.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
10. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
* * * * *
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SOFTWARE UPDATE TO VISUAL STUDIO, KB2483190
PLEASE NOTE: Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. You may use it with each validly licensed copy of Microsoft Visual Studio 2010 or Microsoft Windows operating system software (for which this supplement is applicable) (the "software"). You may not use the supplement if you do not have a license for the software. The license terms for the software apply to your use of this supplement. Microsoft provides support services for the supplement as described at www.support.microsoft.com/common/international.aspx.
MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET MODEL VIEW CONTROLLER 4 EXTENSIONS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. TERM. This agreement will automatically expire on August 1, 2013 or the commercial release of the software, whichever comes first.
3. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
4. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5. THIRD PARTY NOTICES. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET MODEL VIEW CONTROLLER 4
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices for use with your ASP.NET programs. You may modify, copy, distribute or deploy any .js files contained in the software as part of your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. In addition to the .js files described above, the software contains code that you are permitted to distribute in ASP.NET programs you develop if you comply with the terms below.
i. Redistributable DLL files. You may copy and distribute the object code form of the following files.
• System.Net.Http.dll
• System.Net.Http.Formatting.dll
• System.Web.Http.SelfHost.dll
• System.Web.Http.WebHost.dll
• System.Web.Http.dll
• System.Net.Http.WebRequest.dll
• System.Web.Mvc.dll
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
4. THIRD PARTY NOTICES. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• transfer the software or this agreement to any third party.
6. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
9. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
13. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
Microsoft ASP.NET Model View Controller, Web API and Web Pages
Microsoft ASP.NET Web Developer Tools
Microsoft ASP.NET SignalR
Microsoft ASP.NET Friendly URLs
Microsoft ASP.NET Web Optimization Framework
Microsoft ASP.NET Universal Providers
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices for use with your ASP.NET programs. You may modify, copy, distribute or deploy any .js files contained in the software as part of your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. In addition to the .js files described above, the software contains code that you are permitted to distribute in ASP.NET programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· Redistributable DLL files. You may copy and distribute the object code form of code and files listed below.
MICROSOFT ASP.NET Model View Controller (MVC)
§ System.Net.Http.dll
§ System.Net.Http.Formatting.dll
§ System.Web.Http.SelfHost.dll
§ System.Web.Http.WebHost.dll
§ System.Web.Http.dll
§ System.Net.Http.WebRequest.dll
§ System.Web.Mvc.dll
§ System.Web.Http.OData.dll
§ System.Web.Http.Tracing.dll
§ Microsoft.AspNet.Mvc.Facebook
§ Microsoft.Owin.Host.SystemWeb
Microsoft ASP.NET Web Pages
§ NuGet.Core.dll
§ Microsoft.Web.Infrastructure.dll
§ Microsoft.Web.WebPages.OAuth.dll
§ Microsoft.Web.Helpers.dll
§ System.Web.Helpers.dll
§ System.Web.Razor.dll
§ System.Web.WebPages.dll
§ System.Web.WebPages.Administration.dll
§ System.Web.WebPages.Deployment.dll
§ System.Web.WebPages.Razor.dll
§ WebMatrix.Data.dll
§ WebMatrix.WebData.dll
Microsoft ASP.NET Web Developer Tools
§ Microsoft.AspNet.Membership.OpenAuth.dll
§ Microsoft.ScriptManager.WebForms.dll
§ Microsoft.ScriptManager.MSAjax.dll
Microsoft ASP.NET SignalR
§ Microsoft.Asp.Net.SignalR.Core.dll
§ Microsoft.Asp.Net.SignalR.SystemWeb.dll
§ Microsoft.Asp.Net.SignalR.Owin.dll
§ Microsoft.AspNet.SignalR.ServiceBus.dll
§ Microsoft.AspNet.SingnalR.Redis.dll
§ Microsoft.AspNet.SignalR.Client.dll
§ Microsoft.AspNet.SignalR.Utils.exe
Microsoft ASP.NET Friendly URLs
§ Microsoft.AspNet.FriendlyUrls
Microsoft ASP.NET Web Optimization Framework
§ System.Web.Optimization.dll
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see software documentation and the privacy statement at go.microsoft.com/fwlink/?LinkID=205205. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft or a third party service provider uses this information to make the Internet-based services available to you.
· Customer Experience Improvement Program (CEIP). This software uses CEIP. CEIP automatically sends Microsoft information about your hardware and how you use this software. We do not use this information to identify or contact you. To learn more about CEIP, see http://www.microsoft.com/products/ceip/en-us/privacypolicy.mspx.
· Error Reports. This software automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Sometimes reports contain information about other programs that interact with the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well. Microsoft does not use this information to identify or contact you. To learn more about error reports, see oca.microsoft.com/en/dcp20.asp.
· Open Data Protocol (OData) Service. This software will access a list of packages that is supplied by means of an OData service online from Microsoft or a third-party service provider.
ii. Installing Packages and their Dependencies. Please refer to the "Third Party Package Manager" section below for a description of this feature.
iii. Use of Information. We or the third party service provider may use the computer information, error reports, and CEIP information, to improve our or their software and services. We or they may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. THIRD PARTY PACKAGE MANAGER. This software includes a package manager feature, which enables you to obtain other software packages from other sources. Those packages are offered and distributed in some cases by third parties or in some cases by Microsoft, but each such package is under its own license terms. Microsoft is not developing, distributing or licensing any of the third-party packages to you, but instead, as a convenience, is providing you with this package manager feature in order to access any packages for your own use. By using this package manager feature, you acknowledge and agree that you may be accessing and using the third-party packages as distributed by such third parties and under the separate license terms applicable to each package, including any terms applicable to software dependencies that may be included in the package. You acknowledge and agree that it is your responsibility to locate, understand and comply with all applicable license terms for each package and its dependencies, for example, by following the package source (feed) URL or by reviewing the packages for embedded notices or license terms. The package manager feature may have been pre-set to a feed that is hosted by a third party service provider, located at go.microsoft.com/fwlink/?LinkID=206669. The packages listed on this feed may include packages submitted by third parties. Microsoft makes no representations, warranties or guarantees as to the feed URL, any feeds from such URL, the information contained therein, or any packages referenced in or accessed by you through such feeds. Microsoft grants you no license rights rights for third-party software that is obtained using this feature or from the feed. You may change the feed URL that the package manager feature initially points to at any time at your discretion.
5. THIRD PARTY NOTICES. The software, including the package manager feature of the software, may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Microsoft grants you no license rights for third-party software that is obtained using this software. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
7. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.
8. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (".NET Components"). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406.
9. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
10. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
11. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting.
12. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
13. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
14. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
16. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
17. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET TOOLS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use.
· You may install and use any number of copies of the software on your premises to design, develop and test your ASP.NET programs.
· Deploy to Hosting Provider. Because the software is a pre-release version, and may not work correctly, provided that you take adequate precautionary measures to back up and protect any data that may be affected by use of the software, you may deploy your programs to a hosting provider for production validation, at your sole discretion and risk on the following conditions:
o you agree to assume all risk associated with use of the software;
o you may not make any representation, warranty or promise on behalf of Microsoft or with respect to the software, or its performance; and
o you may not use the software for hazardous environments that require fail safe controls.
· Distributable Code. You may copy and distribute the object code form of code and files listed in the packages at http://go.microsoft.com/fwlink/?LinkId=296594 as part of your ASP.NET programs deployed to a hosting provider if you comply with the terms below.
i. Distribution Requirements. For any Distributable Code you distribute, you must
· use the Distributable Code in your programs and not as a standalone distribution;
· require distributors and your external users to agree to terms that protect it at least as much as this agreement; and
· indemnify, defend, and hold harmless, Microsoft from any claims, including attorneys' fees related to the distribution of your programs.
ii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
· Final Versions. When commercially available, you must acquire and use the final release version of the software in order to develop and distribute versions of your programs that work with the final commercial release of the software.
b. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.
2. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Microsoft from and against any claims, allegations, lawsuits, losses and costs (including attorney fees) that arise or result from the use, deployment or distribution of your programs that use the software.
3. THIRD PARTY NOTICES. The software, including the package manager feature of the software, may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
4. TERM. The term of this agreement is until 30/06/2014 (day/month/year) or within 90-days of commercial release of the software, whichever is first.
5. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version.
6. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
10. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET WEB OPTIMIZATION FRAMEWORK
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices for use with your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. You may copy and distribute the object code form of System.Web.Optimization.dll file.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii.Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
4. THIRD PARTY NOTICES. The software may include third party code that Microsoft, not the third party, licensees to you under this agreement. Notices, if any, for the third party code are included for your information only.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT ASP.NET WEB PAGES 2
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices for use with your ASP.NET programs. You may modify, copy and distribute or deploy any .js files contained in the software as part of your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. In addition to the .js files described above, the software contains code that you are permitted to distribute in ASP.NET programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· Redistributable DLL files. You may copy and distribute the object code form of the following files.
§ NuGet.Core.dll
§ Microsoft.Web.Infrastructure.dll
§ Microsoft.Web.WebPages.OAuth.dll
§ Microsoft.Web.Helpers.dll
§ System.Web.Helpers.dll
§ System.Web.Razor.dll
§ System.Web.WebPages.dll
§ System.Web.WebPages.Administration.dll
§ System.Web.WebPages.Deployment.dll
§ System.Web.WebPages.Razor.dll
§ WebMatrix.Data.dll
§ WebMatrix.WebData.dll
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see http://docs.nuget.org. By using this feature, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based service available to you.
· Open Data (OData) Service. This software will access a list of packages that are supplied by means of an OData service online from Microsoft or a third-party service provider.
· Installing Packages and their Dependencies. Please refer to the "Package Manager and Third Party Software Installation Features" section below for a description of this feature.
· Use of Information. We or the third-party service provider may use the computer information to improve our or their software and services. We or they may also share the computer information with others, such as hardware and software vendors.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The software includes the following features (each a "Feature"), each of which enables you to obtain software applications or packages through the Internet from other sources: Package Manager Feature. Those software applications and packages are offered and distributed in some cases by third parties and in some cases by Microsoft, but each such application or package is under its own license terms. Microsoft is not developing, distributing or licensing any of the third-party applications or packages to you, but instead, as a convenience, enables you to use the Features to access or obtain those applications or packages directly from the third-party application or package providers. By using the Features, you acknowledge and agree that:
· you are obtaining the applications or packages from such third parties and under separate license terms applicable to each application or package (including, with respect to the package-manager Features, any terms applicable to software dependencies that may be included in the package);
· that it is your responsibility to locate, understand and comply with all applicable license terms for each such application or package; and
· with respect to the package-manager Features, this includes your responsibility to follow the package source (feed) URL or by reviewing the packages for embedded notices or license terms.
MICROSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE FEED OR GALLERY URL, ANY FEEDS OR GALLERIES FROM SUCH URL, THE INFORMATION CONTAINED THEREIN, OR ANY SOFTWARE APPLICATIONS OR PACKAGES REFERENCED IN OR ACCESSED BY YOU THROUGH SUCH FEEDS OR GALLERIES. MICROSOFT GRANTS YOU NO LICENSE RIGHTS FOR THIRD-PARTY SOFTWARE APPLICATIONS OR PACKAGES THAT ARE OBTAINED USING THE FEATURES.
5. THIRD PARTY NOTICES. The package manager feature of the software includes third party code. However, all such code is licensed by you by Microsoft under this license agreement, rather than licensed to you by any third party under some other license terms. Notices, if any, for the third party code are included with this software for your information only.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software;
· transfer the software or this agreement to any third party; or
· use the software for commercial software hosting services.
7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
10. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT ASP .NET WEB PAGES TEMPLATES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices to design, develop and test your programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
Icons. You may copy and distribute the icons in the Image Library as described in the software documentation.
Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT AZURE DATA STUDIO
Microsoft Corporation ("Microsoft") grants you a nonexclusive, perpetual,
royalty-free right to use, copy, and modify the software code provided by us
("Software Code"). You may not sublicense the Software Code or any use of it
(except to your affiliates and to vendors to perform work on your behalf)
through distribution, network access, service agreement, lease, rental, or
otherwise. Unless applicable law gives you more rights, Microsoft reserves all
other rights not expressly granted herein, whether by implication, estoppel or
otherwise.
THE SOFTWARE CODE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. IN NO EVENT SHALL MICROSOFT OR ITS LICENSORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
SAMPLE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT AZURE RTOS
Shape
These license terms are an agreement between you and Microsoft Corporation (or
one of its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case those different terms
apply prospectively and do not alter your or Microsoft’s rights relating to
pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU
HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
INSTALLATION AND USE RIGHTS.
General. You may install and use the software and the included Microsoft
applications solely for internal development, testing and evaluation purposes.
Any distribution or production use requires a separate license as set forth in
Section 2.
Contributions. Microsoft welcomes contributions to this software. In the event
that you make a contribution to this software you will be required to agree to a
Contributor License Agreement (CLA) declaring that you have the right to, and
actually do, grant Microsoft the rights to use your contribution. For details,
visit https://cla.microsoft.com.
Included Microsoft Applications. The software includes other Microsoft
applications which are governed by the licenses embedded in or made available
with those applications.
Third Party Components. The software may include third party components with
separate legal notices or governed by other agreements, as may be described
within the software or in the ThirdPartyNotices file(s) accompanying the
software.
Competitive Benchmarking. If you are a direct competitor, and you access or use
the software for purposes of competitive benchmarking, analysis, or intelligence
gathering, you waive as against Microsoft, its subsidiaries, and its affiliated
companies (including prospectively) any competitive use, access, and
benchmarking test restrictions in the terms governing your software to the
extent your terms of use are, or purport to be, more restrictive than
Microsoft’s terms. If you do not waive any such purported restrictions in the
terms governing your software, you are not allowed to access or use this
software, and will not do so.
DISTRIBUTION AND PRODUCTION USE. If you have obtained and/or are developing on
microprocessor(s) and/or microcontroller(s) (“hardware”) listed in the file
named “LICENSED-HARDWARE.txt” included in the repository and/or distributed with
the software you have the following rights in and to the software solely when
used in combination with the hardware. In the event hardware is not listed in
the LICENSED-HARDWARE.txt file, you do not have the rights in this Section 2.
Distribution and Production Use Rights.
You may use the software in production (e.g. program the modified or unmodified
software to devices you own or control) and distribute (i.e. make available to
third parties) the modified or unmodified binary image produced from this code.
You may permit your device distributors or developers to copy and distribute the
binary image as programmed or to be programmed to your devices.
You may redistribute the unmodified or modified source to your device
distributors or developers. Modifications must be clearly marked. Any
redistribution in source code form must contain this license and any other
licenses that accompany the software.
Requirements. For any code you distribute, you must:
when distributed in binary form, except as embedded in a device, include with
such distribution the terms of this agreement;
when distributed in source code form to distributors or developers of your
devices, include with such distribution the terms of this agreement; and
indemnify, defend and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of your devices, except to
the extent that any claim is based solely on the unmodified software.
Restrictions. You may not:
use or modify the software to create a competing real time operating system
software;
remove any copyright notices or licenses contained in the software;
use Microsoft’s trademarks or trade dress in your application in any way that
suggests your device or application comes from or is endorsed by Microsoft;
transfer individual components, specific libraries, classes, functions or code
fragments of the software separately for purposes unrelated to the software; or
use or distribute the software in any way that would subject the software or
Microsoft’s intellectual property or technology to any other license terms.
SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all
other rights. Unless applicable law gives you more rights despite this
limitation, you will not (and have no right to):
remove, minimize, block, or modify any notices of Microsoft or its suppliers in
the software;
use the software in any way that is against the law or to create or propagate
malware; or
share, publish, distribute, or lease the software (except as permitted in
Section 2 above), or provide the software as a stand-alone offering for others
to use.
DATA. This software may interact with other Microsoft products that collect data
that is transmitted to Microsoft. To learn more about how Microsoft processes
personal data we collect, please see the Microsoft Privacy Statement at
https://go.microsoft.com/fwlink/?LinkId=248681.
EXPORT RESTRICTIONS. You must comply with all domestic and international export
laws and regulations that apply to the software, which include restrictions on
destinations, end users, and end use. For further information on export
restrictions, visit https://aka.ms/exporting.
SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any
support services for the software. Any support provided is “as is”, “with all
faults”, and without warranty of any kind.
UPDATES. Microsoft may periodically update the software. You may obtain updates
only from Microsoft or Microsoft-authorized sources. Updates may not include or
support all existing software features, services, or peripheral devices.
TERMINATION. Without prejudice to any other rights, Microsoft may terminate this
agreement if you fail to comply with any of its terms or conditions. In such
event, you must destroy all copies of the software and all of its component
parts.
ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for
supplements, updates, or third-party applications, is the entire agreement for
the software. To the extent you have entered into a separate agreement with
Microsoft relating specifically to the software, the terms in such agreement
shall control.
APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in
the United States or Canada, the laws of the state or province where you live
(or, if a business, where your principal place of business is located) govern
the interpretation of this agreement, claims for its breach, and all other
claims (including consumer protection, unfair competition, and tort claims),
regardless of conflict of laws principles. If you acquired the software in any
other country, its laws apply. If U.S. federal jurisdiction exists, you and
Microsoft consent to exclusive jurisdiction and venue in the federal court in
King County, Washington for all disputes heard in court. If not, you and
Microsoft consent to exclusive jurisdiction and venue in the Superior Court of
King County, Washington for all disputes heard in court.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
Australia. You have statutory guarantees under the Australian Consumer Law and
nothing in this agreement is intended to affect those rights.
Germany and Austria.
i.Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
ii.Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO
THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services,
content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, warranty, guarantee, or
condition; strict liability, negligence, or other tort; or any other claim; in
each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your state, province, or country may not allow the exclusion or
limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in
this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel
». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d’adéquation à un usage particulier
et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une
indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous
ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris
les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
•tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
•les réclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilité stricte, de négligence ou d’une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître
l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de
quelque nature que ce soit, il se peut que la limitation ou l’exclusion
ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si
celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT AZURE RTOS
Shape
These license terms are an agreement between you and Microsoft Corporation (or
one of its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case those different terms
apply prospectively and do not alter your or Microsoft’s rights relating to
pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU
HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and use the software and the included Microsoft
applications solely for internal development, testing and evaluation purposes.
Any distribution or production use requires a separate license as set forth in
Section 2.
b) Contributions. Microsoft welcomes contributions to this software. In the event
that you make a contribution to this software you will be required to agree to a
Contributor License Agreement (CLA) declaring that you have the right to, and
actually do, grant Microsoft the rights to use your contribution. For details,
visit https://cla.microsoft.com.
c) Included Microsoft Applications. The software includes other Microsoft
applications which are governed by the licenses embedded in or made available
with those applications.
d) Third Party Components. The software may include third party components with
separate legal notices or governed by other agreements, as may be described
within the software or in the ThirdPartyNotices file(s) accompanying the
software.
e) Competitive Benchmarking. If you are a direct competitor, and you access or use
the software for purposes of competitive benchmarking, analysis, or intelligence
gathering, you waive as against Microsoft, its subsidiaries, and its affiliated
companies (including prospectively) any competitive use, access, and
benchmarking test restrictions in the terms governing your software to the
extent your terms of use are, or purport to be, more restrictive than
Microsoft’s terms. If you do not waive any such purported restrictions in the
terms governing your software, you are not allowed to access or use this
software, and will not do so.
2. DISTRIBUTION AND PRODUCTION USE. If you have obtained and/or are developing on
microprocessor(s) and/or microcontroller(s) (“hardware”) listed in the file
named “LICENSED-HARDWARE.txt” included in the repository and/or distributed with
the software you have the following rights in and to the software solely when
used in combination with the hardware. In the event hardware is not listed in
the LICENSED-HARDWARE.txt file, you do not have the rights in this Section 2.
a) Distribution and Production Use Rights.
i. You may use the software in production (e.g. program the modified or unmodified
software to devices you own or control) and distribute (i.e. make available to
third parties) the modified or unmodified binary image produced from this code.
ii. You may permit your device distributors or developers to copy and distribute the
binary image as programmed or to be programmed to your devices.
iii. You may redistribute the unmodified or modified source to your device
distributors or developers. Modifications must be clearly marked. Any
redistribution in source code form must contain this license and any other
licenses that accompany the software.
b) Requirements. For any code you distribute, you must:
i. when distributed in binary form, except as embedded in a device, include with
such distribution the terms of this agreement;
ii. when distributed in source code form to distributors or developers of your
devices, include with such distribution the terms of this agreement; and
iii. indemnify, defend and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of your devices, except to
the extent that any claim is based solely on the unmodified software.
c) Restrictions. You may not:
i. use or modify the software to create a competing real time operating system
software;
ii. remove any copyright notices or licenses contained in the software;
iii. use Microsoft’s trademarks or trade dress in your application in any way that
suggests your device or application comes from or is endorsed by Microsoft;
iv. transfer individual components, specific libraries, classes, functions or code
fragments of the software separately for purposes unrelated to the software; or
v. use or distribute the software in any way that would subject the software or
Microsoft’s intellectual property or technology to any other license terms.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all
other rights. Unless applicable law gives you more rights despite this
limitation, you will not (and have no right to):
a) remove, minimize, block, or modify any notices of Microsoft or its suppliers in
the software;
b) use the software in any way that is against the law or to create or propagate
malware; or
c) share, publish, distribute, or lease the software (except as permitted in
Section 2 above), or provide the software as a stand-alone offering for others
to use.
4. DATA. This software may interact with other Microsoft products that collect data
that is transmitted to Microsoft. To learn more about how Microsoft processes
personal data we collect, please see the Microsoft Privacy Statement at
https://go.microsoft.com/fwlink/?LinkId=248681.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export
laws and regulations that apply to the software, which include restrictions on
destinations, end users, and end use. For further information on export
restrictions, visit https://aka.ms/exporting.
6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any
support services for the software. Any support provided is “as is”, “with all
faults”, and without warranty of any kind.
7. UPDATES. Microsoft may periodically update the software. You may obtain updates
only from Microsoft or Microsoft-authorized sources. Updates may not include or
support all existing software features, services, or peripheral devices.
8. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this
agreement if you fail to comply with any of its terms or conditions. In such
event, you must destroy all copies of the software and all of its component
parts.
9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for
supplements, updates, or third-party applications, is the entire agreement for
the software. To the extent you have entered into a separate agreement with
Microsoft relating specifically to the software, the terms in such agreement
shall control.
10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in
the United States or Canada, the laws of the state or province where you live
(or, if a business, where your principal place of business is located) govern
the interpretation of this agreement, claims for its breach, and all other
claims (including consumer protection, unfair competition, and tort claims),
regardless of conflict of laws principles. If you acquired the software in any
other country, its laws apply. If U.S. federal jurisdiction exists, you and
Microsoft consent to exclusive jurisdiction and venue in the federal court in
King County, Washington for all disputes heard in court. If not, you and
Microsoft consent to exclusive jurisdiction and venue in the Superior Court of
King County, Washington for all disputes heard in court.
11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and
nothing in this agreement is intended to affect those rights.
b) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO
THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services,
content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, warranty, guarantee, or
condition; strict liability, negligence, or other tort; or any other claim; in
each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your state, province, or country may not allow the exclusion or
limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in
this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel
». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d’adéquation à un usage particulier
et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une
indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous
ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris
les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
•tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
•les réclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilité stricte, de négligence ou d’une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître
l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de
quelque nature que ce soit, il se peut que la limitation ou l’exclusion
ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si
celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT AZURE RTOS
These license terms are an agreement between you and Microsoft Corporation (or
one of its affiliates). They apply to the software named above and any Microsoft
services or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case those different terms
apply prospectively and do not alter your or Microsoft’s rights relating to
pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU
HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may (I) install, use and modify the software and (ii) install and use the included Microsoft
Applications (if any), each solely for internal development, testing and evaluation purposes.
Distribution or production use is governed by the license terms set forth in
Section 2. You may also obtain distribution or production use rights through a separate agreement with
Microsoft.
b) Contributions. Microsoft welcomes contributions to this software. In the event
that you make a contribution to this software you will be required to agree to a
Contributor License Agreement (CLA) declaring that you have the right to, and
actually do, grant Microsoft the rights to use your contribution. For details,
visit https://cla.microsoft.com.
c) Included Microsoft Applications. The software may include other Microsoft
applications which are governed by the licenses embedded in or made available
with those applications.
d) Third Party Components. The software may include third party components with
separate legal notices or governed by other agreements, as may be described
within the software or in the ThirdPartyNotices file(s) accompanying the
software.
e) Competitive Benchmarking. If you are a direct competitor, and you access or use
the software for purposes of competitive benchmarking, analysis, or intelligence
gathering, you waive as against Microsoft, its subsidiaries, and its affiliated
companies (including prospectively) any competitive use, access, and
benchmarking test restrictions in the terms governing your software to the
extent your terms of use are, or purport to be, more restrictive than
Microsoft’s terms. If you do not waive any such purported restrictions in the
terms governing your software, you are not allowed to access or use this
software, and will not do so.
2. DISTRIBUTION AND PRODUCTION USE. If you have obtained and/or are developing on
microprocessor(s) and/or microcontroller(s) (“hardware”) listed in the file
named “LICENSED-HARDWARE.txt” included in the repository and/or distributed with
the software you have the following rights in and to the software solely when
used in combination with the hardware. In the event hardware is not listed in
the LICENSED-HARDWARE.txt file, you do not have the rights in this Section 2.
a) Distribution and Production Use Rights.
i. You may use the software in production (e.g. program the modified or unmodified
software to devices you own or control) and distribute (i.e. make available to
third parties) the modified or unmodified binary image produced from this code.
ii. You may permit your device distributors or developers to copy and distribute the
binary image as programmed or to be programmed to your devices.
iii. You may redistribute the unmodified or modified source to your device
distributors or developers. Modifications must be clearly marked. Any
redistribution in source code form must contain this license and any other
licenses that accompany the software.
b) Requirements. For any code you distribute, you must:
i. when distributed in binary form, except as embedded in a device, include with
such distribution the terms of this agreement;
ii. when distributed in source code form to distributors or developers of your
devices, include with such distribution the terms of this agreement; and
iii. indemnify, defend and hold harmless Microsoft from any claims, including claims arising from any High Risk Uses, and inclusive of attorneys’ fees, related to the distribution or use of your devices that include the software, except to the extent that any intellectual property claim is based solely on the unmodified software.
c) Restrictions. You may not:
i. use or modify the software to create competing real time operating system
software;
ii. remove any copyright notices or licenses contained in the software;
iii. use Microsoft’s trademarks or trade dress in your application in any way that
suggests your device or application comes from or is endorsed by Microsoft;
iv. transfer individual components, specific libraries, classes, functions or code
fragments of the software separately for purposes unrelated to the software; or
v. use or distribute the software in any way that would subject the software or
Microsoft’s intellectual property or technology to any other license terms.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all
other rights. Unless applicable law gives you more rights despite this
limitation, you will not (and have no right to):
a) remove, minimize, block, or modify any notices of Microsoft or its suppliers in
the software;
b) use the software in any way that is against the law or to create or propagate
malware; or
c) share, publish, distribute, or lease the software (except as permitted in
Section 2 above), or provide the software as a stand-alone offering for others
to use.
4. DATA. This software may interact with other Microsoft products that collect data
that is transmitted to Microsoft. To learn more about how Microsoft processes
personal data we collect, please see the Microsoft Privacy Statement at
https://go.microsoft.com/fwlink/?LinkId=248681.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export
laws and regulations that apply to the software, which include restrictions on
destinations, end users, and end use. For further information on export
restrictions, visit https://aka.ms/exporting.
6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any
support services for the software. Any support provided is “as is”, “with all
faults”, and without warranty of any kind.
7. UPDATES. Microsoft may periodically update the software. You may obtain updates
only from Microsoft or Microsoft-authorized sources. Updates may not include or
support all existing software features, services, or peripheral devices.
8. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this
agreement if you fail to comply with any of its terms or conditions. In such
event, you must destroy all copies of the software and all of its component
parts.
9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for
supplements, updates, or third-party applications, is the entire agreement for
the software. To the extent you have entered into a separate agreement with
Microsoft relating specifically to the software, the terms in such agreement
shall control.
10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in
the United States or Canada, the laws of the state or province where you live
(or, if a business, where your principal place of business is located) govern
the interpretation of this agreement, claims for its breach, and all other
claims (including consumer protection, unfair competition, and tort claims),
regardless of conflict of laws principles. If you acquired the software in any
other country, its laws apply. If U.S. federal jurisdiction exists, you and
Microsoft consent to exclusive jurisdiction and venue in the federal court in
King County, Washington for all disputes heard in court. If not, you and
Microsoft consent to exclusive jurisdiction and venue in the Superior Court of
King County, Washington for all disputes heard in court.
11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and
nothing in this agreement is intended to affect those rights.
b) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence.
12. DISCLAIMER OF WARRANTY.
a) THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO
THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
b) HIGH RISK USE DISCLAIMER. WARNING: THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE WHERE FAILURE OR FAULT OF ANY KIND OF THE SOFTWARE COULD RESULT IN DEATH OR SERIOUS BODILY INJURY, OR IN PHYSICAL OR ENVIRONMENTAL DAMAGE (“collectively High Risk Use”). Accordingly, You must design and implement your hardware and software such that, in the event of any interruption, defect, error, or other failure of the software, the safety of people, property, and the environment are not reduced below a level that is reasonable, appropriate, and legal, whether in general or for a specific industry. Your High Risk Use of the software is at Your own risk.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services,
content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, warranty, guarantee, or
condition; strict liability, negligence, or other tort; or any other claim; in
each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your state, province, or country may not allow the exclusion or
limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in
this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE.
a) Le logiciel visé par une licence est offert « tel quel
». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d’adéquation à un usage particulier
et d’absence de contrefaçon sont exclues.
b) CLAUSE D’EXCLUSION DE RESPONSABILITÉ RELATIVE À L’UTILISATION À HAUT RISQUE.
AVERTISSEMENT: LE LOGICIEL N’EST PAS CONÇU OU DESTINÉ À ÊTRE UTILISÉ LORSQU’UNE
DÉFAILLANCE OU UN DÉFAUT DE QUELQUE NATURE QUE CE SOIT POURRAIT ENTRAÎNER LA
MORT OU DES BLESSURES CORPORELLES GRAVES, OU DES DOMMAGES PHYSIQUES OU
ENVIRONNEMENTAUX (« Utilisation à haut risque »). Par conséquent, vous devez concevoir et mettre en
œuvre votre équipement et votre logiciel de manière à ce que, en cas d’interruption, de défaut, d’erreur
ou de toute autre défaillance du logiciel, la sécurité des personnes, des biens et de l’environnement ne
soit pas réduite en dessous d’un niveau raisonnable, approprié et légal, que ce soit en général ou pour
un secteur spécifique. Votre utilisation à haut risque du logiciel est à vos propres risques.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une
indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous
ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris
les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
•tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
•les réclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilité stricte, de négligence ou d’une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître
l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de
quelque nature que ce soit, il se peut que la limitation ou l’exclusion
ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si
celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT AZURE SPATIAL ANCHORS
________________________________________
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft's rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and use any number of copies of the software to develop and test your applications.
b) Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
2. DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute (i.e. make available for third parties) in applications you develop, as described in this Section.
a) Distribution Rights. The code and test files described below are distributable if included with the software.
i. Distributables. You may copy and distribute the object code form of the software listed in the distributables file list in the software;
ii. Image Library. You may copy and distribute images, graphics, and animations in the Image Library as described in the software documentation;
iii. Sample Code, Templates, and Styles. You may copy, modify, and distribute the source and object code form of code marked as "sample", "template", "simple styles", and "sketch styles"; and
iv. Third Party Distribution. You may permit distributors of your applications to copy and distribute any of this distributable code you elect to distribute with your applications.
b) Distribution Requirements. For any code you distribute, you must:
i. add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that protect it and Microsoft at least as much as this agreement; and
iii. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the unmodified distributable code.
c) Distribution Restrictions. You may not:
i. use Microsoft's trademarks or trade dress in your application in any way that suggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so that any part of it becomes subject to any license that requires that the distributable code, any other part of the software, or any of Microsoft's other intellectual property be disclosed or distributed in source code form, or that others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lease the software (except for any distributable code, subject to the terms above), provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
4. DATA.
a) Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is "as is", "with all faults", and without warranty of any kind.
7. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
8. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts.
9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.
Elle s'applique également, même si Microsoft connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT CAPICOM
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices running validly licensed copies of Windows 2000, Windows XP, Windows Vista, or Windows Server 2003.
2. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
6. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting <http://www.microsoft.com/exporting>.
7. SUPPORT SERVICES. Because this software is as is, we may not provide support services for it.
8. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. Applicable Law.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. Disclaimer of Warranty. The software is licensed as-is. You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft naccorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, dadéquation à un usage particulier et dabsence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou dune autre faute dans la limite autorisée par la loi en vigueur.
Elle sapplique également, même si Microsoft connaissait ou devrait connaître léventualité dun tel dommage. Si votre pays nautorise pas lexclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou lexclusion ci-dessus ne sappliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir dautres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Microsoft Shared Source Community License (MS-CL)
Published: October 18, 2005
This license governs use of the accompanying software. If you use the software,
you accept this license. If you do not accept the license, do not use the
software.
1. Definitions
The terms "reproduce," "reproduction" and "distribution" have the same meaning
here as under U.S. copyright law.
"You" means the licensee of the software.
"Larger work" means the combination of the software and any additions or
modifications to the software.
"Licensed patents" means any Licensor patent claims which read directly on the
software as distributed by the Licensor under this license.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the
license conditions and limitations in section 3, the Licensor grants you a
non-exclusive, worldwide, royalty-free copyright license to reproduce the
software, prepare derivative works of the software and distribute the software
or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, the Licensor grants you a non-exclusive,
worldwide, royalty-free patent license under licensed patents to make, have
made, use, practice, sell, and offer for sale, and/or otherwise dispose of the
software or derivative works of the software.
3. Conditions and Limitations
(A) Reciprocal Grants- Your rights to reproduce and distribute the software (or
any part of the software), or to create and distribute derivative works of the
software, are conditioned on your licensing the software or any larger work you
create under the following terms:
1. If you distribute the larger work as a series of files, you must grant all
recipients the copyright and patent licenses in sections 2(A) & 2(B) for
any file that contains code from the software. You must also provide
recipients the source code to any such files that contain code from the
software along with a copy of this license. Any other files which are
entirely your own work and which do not contain any code from the software
may be licensed under any terms you choose.
2. If you distribute the larger work as a single file, then you must grant
all recipients the rights set out in sections 2(A) & 2(B) for the entire
larger work. You must also provide recipients the source code to the
larger work along with a copy of this license.
(B) No Trademark License- This license does not grant you any rights to use the Licensor’s name, logo, or trademarks.
(C) If you distribute the software in source code form you may do so only under
this license (i.e., you must include a complete copy of this license with your
distribution), and if you distribute the software solely in compiled or object
code form you may only do so under a license that complies with this license.
(D) If you begin patent litigation against the Licensor over patents that you
think may apply to the software (including a cross-claim or counterclaim in a
lawsuit), your license to the software ends automatically.
(E) The software is licensed "as-is." You bear the risk of using it. The Licensor
gives no express warranties, guarantees or conditions. You may have additional
consumer rights under your local laws which this license cannot change. To the
extent permitted under your local laws, the Licensor excludes the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement.
Contribution License Agreement
This Contribution License Agreement (“Agreement”) is agreed to by the party signing below (“You”), and conveys certain license rights to Microsoft Corporation and its affiliates (“Microsoft”) for Your contributions to Microsoft open source projects.
This Agreement is effective as of the latest signature date below.
1. Definitions.
“Code” means the computer software code, whether in human-readable or machine-executable form,
that is delivered by You to Microsoft under this Agreement.
“Project” means any of the projects owned or managed by Microsoft in which software is offered under a license approved by the Open Source Initiative (OSI) (www.opensource.org) and documentation offered under an OSI or a Creative Commons license (https://creativecommons.org/licenses).
“Submit” is the act of uploading, submitting, transmitting, or distributing code or other content to any Project, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Project for the purpose of discussing and improving that Project, but excluding communication that is conspicuously marked or otherwise designated in writing by You as “Not a Submission.”
“Submission” means the Code and any other copyrightable material Submitted by You, including any associated comments and documentation.
2. Your Submission. You must agree to the terms of this Agreement before making a Submission to any Project. This Agreement covers any and all Submissions that You, now or in the future (except as described in Section 4 below), Submit to any Project.
3. Originality of Work. You represent that each of Your Submissions is entirely Your original work. Should You wish to Submit materials that are not Your original work, You may Submit them separately to the Project if You (a) retain all copyright and license information that was in the materials as You received them, (b) in the description accompanying Your Submission, include the phrase “Submission containing materials of a third party:” followed by the names of the third party and any licenses or other restrictions of which You are aware, and (c) follow any other instructions in the Project’s written guidelines concerning Submissions.
4. Your Employer. References to “employer” in this Agreement include Your employer or anyone else for whom You are acting in making Your Submission, e.g. as a contractor, vendor, or agent. If Your Submission is made in the course of Your work for an employer or Your employer has intellectual property rights in Your Submission by contract or applicable law, You must secure permission from Your employer to make the Submission before signing this Agreement. In that case, the term “You” in this Agreement will refer to You and the employer collectively. If You change employers in the future and desire to Submit additional Submissions for the new employer, then You agree to sign a new Agreement and secure permission from the new employer before Submitting those Submissions.
5. Licenses.
a. Copyright License. You grant Microsoft, and those who receive the Submission directly or indirectly from Microsoft, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license in the Submission to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute the Submission and such derivative works, and to sublicense any or all of the foregoing rights to third parties.
b. Patent License. You grant Microsoft, and those who receive the Submission directly or indirectly from Microsoft, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license under Your patent claims that are necessarily infringed by the Submission or the combination of the Submission with the Project to which it was Submitted to make, have made, use, offer to sell, sell and import or otherwise dispose of the Submission alone or with the Project.
c. Other Rights Reserved. Each party reserves all rights not expressly granted in this Agreement. No additional licenses or rights whatsoever (including, without limitation, any implied licenses) are granted by implication, exhaustion, estoppel or otherwise.
6. Representations and Warranties. You represent that You are legally entitled to grant the above licenses. You represent that each of Your Submissions is entirely Your original work (except as You may have disclosed under Section 3). You represent that You have secured permission from Your employer to make the Submission in cases where Your Submission is made in the course of Your work for Your employer or Your employer has intellectual property rights in Your Submission by contract or applicable law. If You are signing this Agreement on behalf of Your employer, You represent and warrant that You have the necessary authority to bind the listed employer to the obligations contained in this Agreement. You are not expected to provide support for Your Submission, unless You choose to do so. UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, AND EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN SECTIONS 3, 4, AND 6, THE SUBMISSION PROVIDED UNDER THIS AGREEMENT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Notice to Microsoft. You agree to notify Microsoft in writing of any facts or circumstances of which You later become aware that would make Your representations in this Agreement inaccurate in any respect.
8. Information about Submissions. You agree that contributions to Projects and information about contributions may be maintained indefinitely and disclosed publicly, including Your name and other information that You submit with Your Submission.
9. Governing Law/Jurisdiction. This Agreement is governed by the laws of the State of Washington, and the parties consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington. The parties waive all defenses of lack of personal jurisdiction and forum non-conveniens.
10. Entire Agreement/Assignment. This Agreement is the entire agreement between the parties, and supersedes any and all prior agreements, understandings or communications, written or oral, between the parties relating to the subject matter hereof. This Agreement may be assigned by Microsoft.
MICROSOFT SOFTWARE LICENSE TERMS
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software in this container and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft's rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. SCOPE OF LICENSE.
a) General. The software is a collection of components. Subject to the other terms of this agreement, Microsoft or third parties grant you the right to run, copy, modify, and redistribute the components under the conditions in the license agreement located in that component's source or object code.
b) Trademark. This agreement does not grant you any right, title, interest, or license in or to any of the Microsoft's trademarks, trade names, trade dress, or logos. You may use Microsoft's corporate name, Product names, and trademarks in plain text (but not logos, trade dress, designs, or word marks in stylized form) to accurately identify and refer to Microsoft and its software. However, in making such references, you must refrain from use that is likely to cause confusion about your relationship with Microsoft and must comply with Microsoft's usage guidelines at: https://www.microsoft.com/en-us/legal/intellectualproperty/Trademarks/EN-US.aspx . You will promptly correct any misuse on notice from Microsoft.
2. DATA.
a) Data Collection. When an optional telemetry package is installed, the software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of data collection by removing the telemetry package. You can learn more about data collection and use in the software documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
3. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
4. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is "as is", "with all faults", and without warranty of any kind.
5. UPDATES. The software may periodically check for updates and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
6. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
7. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
8. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
9.DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
•tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
•les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.
Elle s'applique également, même si Microsoft connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT CONTROL SPY 2.0
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices running validly licensed copies of Microsoft Windows XP Home Edition, Microsoft Windows XP Professional, Microsoft Windows XP Media Center, and Microsoft Windows XP Tablet PC Edition.
2. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights <http://www.microsoft.com/licensing/userights>. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
6. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
7. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting <http://www.microsoft.com/exporting>.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. Applicable Law.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. Disclaimer of Warranty. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER DATA-TIER APPLICATION FRAMEWORK
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices to design, develop and test your programs.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code.
i. Right to Use and Distribute. If you comply with the terms below:
You may copy and distribute the object code form of the software ("Distributable Code") in programs you develop; and
You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft's trademarks in your programs' names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
SCOPE OF LICENSE. The software is licensed, not sold. Unless applicable law gives you more rights, Microsoft reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
THIRD PARTY NOTICES. The software may include third party code, that Microsoft, not the third party, licenses to you under the terms set forth in this agreement. Notices, if any, for any third party code are included for your information only. Additionally, any third party scripts, linked to, called or referenced from this software, are licensed to you by the third parties that own such code, not by Microsoft, see ASP.NET Ajax CDN Terms of Use: https://www.asp.net/ajaxlibrary/CDN.ashx.
BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see https://www.microsoft.com/exporting.
SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA - YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of these license terms are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, les termes de cette licence sont fournis ci-dessous en français.
EXCLUSIONS DE GARANTIE. Le logiciel est concédé sous licence « en l'état ». Vous assumez tous les risques liés à son utilisation. Microsoft n'accorde aucune garantie ou condition expresse. Vous pouvez bénéficier de droits des consommateurs supplémentaires ou de garanties statutaires dans le cadre du droit local, que ce contrat ne peut modifier. Lorsque cela est autorisé par le droit local, Microsoft exclut les garanties implicites de qualité, d'adéquation à un usage particulier et d'absence de contrefaçon.
POUR L'AUSTRALIE - La loi australienne sur la consommation (Australian Consumer Law) vous accorde des garanties statutaires qu'aucun élément du présent accord ne peut affecter.
LIMITATION ET EXCLUSION DE RECOURS ET DE DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs limitée uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
toute affaire liée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.
Elle s'applique également même si Microsoft connaissait l'éventualité d'un tel dommage. La limitation ou exclusion ci-dessus peut également ne pas vous être applicable, car votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit.
Microsoft Developer Agreement
Last updated: June 2018
This agreement is between you and Microsoft Corporation (“Microsoft”), and consists of the terms below (“Developer Terms”) and the Microsoft Privacy Statement (together, “Agreement”).
If you are entering into this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. If you specify a company name in connection with signing up for or ordering a Service, you will be deemed to have placed that order and to have entered into this Agreement on behalf of that organization or company. Key terms are defined in Section 10.
1. Offerings
1. APIs. Your access and use of Microsoft’s APIs are governed by certain terms and conditions. As the developer, you’re responsible for your application and compliance with all the laws and regulations applicable to your use of Microsoft’s APIs, including those laws and regulations that apply to privacy, biometric data, data protection, and confidentiality of communications. Nothing in our governing agreements, or this Agreement, shall be construed as creating a joint controller or processor-sub processor relationship between you and Microsoft.
1. Accompanying Terms. Your use of Microsoft’s APIs is governed by the terms under which you obtained access. If you access APIs that present accompanying terms (“Accompanying Terms”), then such Accompanying Terms, along with the Microsoft Privacy Statement, will apply to your access and use of the Service. In particular, the Microsoft Graph API is provided pursuant to the terms here.
2. Application Registration Portal. Certain identity focused Microsoft APIs will require that you register your application here. If you are required to register your application at the following URL, then you must comply with the following terms:
1. Register your application. Your applications must be registered and have an App ID that is unique to each application. Once you have successfully registered an application, you will be given Access Credentials for your application. “Access Credentials” means the necessary security keys, secrets, tokens, and other credentials to access identity focused Microsoft APIs. The Access Credentials enable us to associate your application with your use of the identity focused Microsoft APIs. All activities that occur using your Access Credentials are your responsibility. Access Credentials are non-transferable and non-assignable. Keep them secret. Do not try to circumvent them. In the event of a change of control, and subject to the acquiring company’s compliance with all of the terms and conditions of the then current Graph API Terms, you may sell, assign, and transfer an application’s App ID to an acquiring company, and such acquiring company may continue to use the App ID as part of the acquired application.
2. Governing Terms. Unless a particular service presents Accompanying Terms to govern your access to Microsoft APIs, your application’s access to identity focused Microsoft APIs is governed by the then current Microsoft Graph API license terms, as currently available here (“Graph API Terms”).
2. Services.
1. Right to use. We may grant you the right to access and use the Services in accordance with this Agreement.
2. Manner of use. You may not:
1. reverse engineer, decompile, disassemble or work around technical limitations in the Services, except to the extent that applicable law permits it despite these limitations;
2. disable, tamper with or otherwise attempt to circumvent any mechanism that limits your use of the Services;
3. rent, lease, lend, resell, transfer, or sublicense any Services or portion thereof to or for third parties, except as explicitly permitted herein or in license terms that accompany any Services component;
4. use the Services in a way prohibited by law, regulation, governmental order, or decree or by this Agreement;
5. use the Services in any manner that could damage, disable, overburden, or impair any Microsoft service, or the network(s) connected to any Microsoft service;
6. use the Services to violate the rights of others;
7. use the Services to try to gain unauthorized access to or disrupt any service, device, data, account or network;
8. use the Services to spam or distribute malware;
9. use the Services in a way that could harm the Services or impair anyone else’s use of;
10. engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
11. scrape, build databases or otherwise create copies of any data accessed or obtained using the Services (including end users or their contacts), except as necessary to enable an intended usage scenario for your application;
12. use the Services in any application or situation where failure of the Services could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage; or
13. help others break these rules.
3. Updates. Unless Microsoft otherwise specifies, Microsoft may make commercially reasonable changes to a Service or feature from time to time. Microsoft may further modify or terminate a Service in any country where Microsoft is subject to a government regulation, obligation or other requirement that (1) is not generally applicable to businesses operating there, (2) presents a hardship for Microsoft to continue operating the Service without modification, or (3) causes Microsoft to believe these terms or the Service may conflict with any such requirement or obligation.
4. Preview features. We may make features available on a Preview basis. Previews are provided “AS-IS” and are excluded from warranties in Section 6 below. Previews may be subject to reduced or different security, compliance, privacy, availability, reliability, and support commitments, as further explained in the Privacy Statement, and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into “General Availability”, and if we do make Previews “Generally Available” we may charge for any such features.
2. Software and Microsoft Content
1. Using Microsoft Software and Microsoft Content outside the Service. Microsoft may provide you with Microsoft Software or Microsoft Content through or as a part of the Services. Termination or suspension of this Agreement or of your use or access to the Services terminates your right to possess or use any such Microsoft Software or Microsoft Content unless separately licensed to you. The suspension or termination of a User Plan terminates that user’s right to possess or use any such Microsoft Software or Microsoft Content associated with, or contingent upon that User Plan. You must delete all copies of such Microsoft Software or Microsoft Content licensed under this Agreement and destroy any associated media upon the termination of the associated possession or usage rights. This subsection does not apply to Microsoft Software addressed in subsection (b) below.
2. Software and Content on Documentation Portals. Third-party software and Content accessible on the Documentation Portals is made available by the designated publisher under the associated license terms.
3. Scope of rights. All Microsoft Software and Microsoft Content are the copyrighted works of Microsoft or its suppliers are licensed not sold and may not be transferred unless specified otherwise.
4. Third-party software or Content. You are solely responsible for any third-party software or Content that you install, connect, or use with any Service. We will not run or make any copies of such third-party software or Content outside of our relationship with you. You may only install or use any third-party software or Content with any Service in a way that does not subject our intellectual property or technology to any terms governing such software or Content. We are not a party to and are not bound by any terms governing your use of any third-party software or Content. We do not grant any licenses or rights, express or implied, to such third-party software or Content.
5. Open source software as part of the Service. If the Service uses or distributes any third-party software with open source software license terms (“Open Source”), then such Open Source is licensed to you under the applicable open source terms. Copies of those applicable Open Source licenses and any other notices, if any, are included for your information only.
6. Classroom Use. Accredited educational institutions, such as K-12 schools, universities, and private or public colleges may download and reproduce Microsoft Content for distribution in the classroom for educational purposes.
3. Security and privacy
1. Security. We maintain technical and organizational measures, internal controls, and data security routines intended to protect User Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
2. Compliance with applicable laws; deletion of Personal Data
1. You must comply with all laws and regulations applicable to your use of the Services and all data and Content accessed through the Services including without limitation, laws related to privacy, biometric data, data protection, and confidentiality of communications.
2. Your use of the Services and Content is conditioned upon implementing and maintaining appropriate protections and measures for your service and application, and that includes your responsibility to the data obtained through the use of the Services.
3. You must: (a) implement and maintain privacy protections and measures in your products and services, including obtaining necessary consents prior to use of data (and obtain additional consent prior to changing use or purpose of data), and proper data retention periods, (b) comply with applicable notification requirements, (c) maintain and comply with a written privacy policy that describes your privacy practices regarding data and information you collect and use, and which is at least as protective of users as the Privacy Statement, (d) include an accessible link to your privacy policy within your application, and in any app store that so allows, and (e) obtain consent from end users that is sufficient for the purposes of your agreement with the end user prior to giving us information that you independently collected from them.
4. In addition to complying with your obligations under applicable law (including General Data Protection Regulation (GDPR) (EU) 2016/679) you will use current data. You may keep your data current by regularly refreshing the data, interfacing with a Microsoft API or Microsoft tool to maintain current data, or other processes that ensure changes to Microsoft data are accurately reflected.
5. Except as otherwise set forth herein, you will promptly delete all data and Content collected or processed through the Services, when: (a) a user abandons your application, uninstalls your application, closes their account with you, or otherwise abandons the account, or (b) you cease use of the Services. You may, however, keep aggregated data, provided that no information identifying a specific person could be inferred or created from such data and such actions otherwise comply with this Agreement and applicable law.
6. Unless you have a lawful basis for retaining Personal Data (as defined in the GDPR), you must delete all Personal Data accessed or processed through the Services within 30 days of receiving the data.
3. Compliance with law. We will comply with all laws applicable to our provision of the Services, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to information technology services providers. You will comply with all laws applicable to your User Data, and use of the Services, including any laws applicable to you or your industry.
4. Certifications and compliance. The Developer Services shall be subject to any security, privacy, and compliance practices specifically described for the Developer Services. These obligations do not apply to any other elements of the Services.
5. Monitoring; Audit. We may monitor your access and use of the Services (including applicable products and services, website, Content, and data) for purposes of monitoring your compliance with this Agreement. Further, your access and use of the Services and for five years after, you must, upon reasonable notice from Microsoft, permit Microsoft or its auditor, at Microsoft’s cost, to conduct audits in connection with your use of the Services, to verify that your compliance with this Agreement. You must give Microsoft reasonable access to any personnel, premises, information, systems, books, and records relating to your use of the Services to enable Microsoft to conduct the audit. If requested, you must provide us with proof of your compliance with this Agreement.
4. Customer accounts, customer conduct, and feedback
1. Account creation. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information. You may not select an account user name or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We reserve the right to reject and/or reassign these user names and Service identifiers in our sole discretion.
2. Responsibility for your accounts. You are responsible for: any and all activities that occur under your account; maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services; and promptly notifying our customer support team about any possible misuse of your accounts or authentication credentials, or any security incident related to the Services.
3. Your conduct and the availability of third-party content and links to third-party content. We have no obligation to monitor the content and communications of third parties on the Services; however, we reserve the right to review and remove any such materials posted to the Documentation Portals in our sole discretion. Third parties that participate on the Services are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
4. Submissions and feedback. We do not claim ownership of any Submission unless otherwise agreed to by the parties. However, by providing a Submission, you are irrevocably granting Microsoft and its affiliates the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with this Agreement, which may change over time). For Submissions provided to the Documentation Portals you further grant the right to publish specific identifying information detailed in the Privacy Statement in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control. No compensation will be paid with respect to the use of your Submissions. Microsoft is under no obligation to post or use any Submission, and Microsoft may remove any Submission at any time. By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third-party (including any personality or publicity rights of any person).
5. Termination and suspension
1. Your termination. You may terminate this Agreement at any time. If you have purchased access to Services through Microsoft Azure then you must pay any amounts due and owing.
2. Microsoft termination. We may terminate this Agreement, any rights granted herein, or your license to the Services, in our sole discretion at any time, for any reason.
3. Suspension. We may suspend or terminate your use of the Services if: (1) reasonably needed to prevent unauthorized access to User Data; (2) you fail to respond to a claim of alleged infringement within a reasonable time; or (3) you violate, or we reasonably suspect you have violated, this Agreement. We will attempt to suspend access to the minimum necessary part of the Services while the condition or need exists. We will give notice before we suspend or terminate, except where we reasonably believe we need to suspend or terminate immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate this Agreement and delete your User Data without any retention period.
4. Termination for non-usage. We may suspend or terminate a Service account after a prolonged period of inactivity or for failing to respond to Microsoft communications. For Services, if you have a free account we may terminate this Agreement and/or delete any User Data automatically generated during the Services sign up process if you fail to upload or create any User Data within 90 days of your initial provisioning of the Service. We will provide you with notice prior to any account suspension or termination, or User Data deletion.
6. Warranties
EXCEPT AS WARRANTED IN ACCOMPANYING TERMS, MICROSOFT AND ITS RESPECTIVE SUPPLIERS PROVIDE THE SERVICES (INCLUDING THE MICROSOFT CONTENT AND MICROSOFT SOFTWARE) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. WE PROVIDE NO WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING APPLICATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third-party content and materials. MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, INFORMATION, MESSAGES, MATERIALS, PROJECTS ACCESSIBLE FROM OR LINKED THROUGH THE SERVICES, AND, EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
7. Defense of claims
1. Defense. We will defend you against any claims made by an unaffiliated third-party that the Services or Software infringe its patent, copyright or trademark or makes unlawful use of its trade secret. You will defend us against any claims made by an unaffiliated third-party arising from (1) your misuse or your end user's misuse of the Services, Microsoft Content, or Microsoft Software; (2) your violation or your end user's violation of this Agreement; (3) any Content or data routed into or used with the Services, those acting on your behalf, or your end users.
2. Limitations. Our obligations in Section 7.1 will not apply to a claim or award based on: (1) User Data, Non-Microsoft Product, modifications you make to the Services, or materials you provide or make available as part of using the Services; (2) your combination of the Services with, or damages based upon the value of, a Non-Microsoft Product, data or business process; (3) your use of a Microsoft trademark without our express written consent, or your use of the Services after we notify you to stop due to a third-party claim; or (4) your redistribution of the Services to, or use for the benefit of, any unaffiliated third-party.
3. Remedies. If we reasonably believe that a claim under Section 7.1 may bar your use of the Services or Software, we will seek to: (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent. If these options are not commercially reasonable, we may terminate your rights to use the Services or Software.
4. Obligations. Each party must notify the other promptly of a claim under this Section 7. The party seeking protection must (1) give the other sole control over the defense and settlement of the claim; and (2) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties’ respective rights to defense and payment of judgments or settlements under this Section 7 are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law rights.
8. Limitation of liability
1. Limitation. The aggregate liability of each party under this Agreement is limited to direct damages up to the amount paid under this Agreement for the Developer Services giving rise to that liability during the 12 months before the liability arose, or for Services provided free of charge, Five Hundred United States dollars ($500.00 USD).
2. EXCLUSION. NEITHER PARTY, NOR ITS SUPPLIERS WILL BE LIABLE FOR LOSS OF REVENUE, LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE PARTY KNEW THEY WERE POSSIBLE.
3. Exceptions to Limitations. The limits of liability in this Section 8 apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties’ obligations under Section 7; or (2) breach of Sections 3.2 - 3.4 or violation of the other's intellectual property rights.
9. Miscellaneous
1. Reservation of Rights. All rights not expressly granted herein are reserved by Microsoft. You acknowledge that all intellectual property rights within the Services remain the property of Microsoft and nothing within this Agreement will act to transfer any of these intellectual property rights to you.
2. Notices. You must send notices by mail to: Microsoft One Microsoft Way Redmond, WA 98052 USA
You agree to receive electronic notices from us related to the Services, which will be sent by email to your specified end user or administrator contact information or presented to you in the Service experience. You must keep your contact information updated. Notices are effective on the date on the return receipt for mail, the date sent for email, and the date presented if within the Service experience.
3. Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement either in whole or in part, including in connection with a change of control, except for an App ID, as set forth Section in 1.1. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you.
4. Severability. If any part of this agreement is held unenforceable, the rest remains in full force and effect.
5. No Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
6. No agency. We are independent contractors. This agreement does not create an agency, partnership or joint venture.
7. No third-party beneficiaries. There are no third-party beneficiaries to this agreement.
8. Applicable law and venue. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
9. Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
10. Survival. 1.2, 2.3-2.6, 3.2, 3.5, 4.2, 4.4, 5, 6, 7, 8, 9, and 10, and all other definitions.
11. U.S. export jurisdiction. The Services are subject to U.S. export jurisdiction. You must comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see Exporting Microsoft Products.
12. International availability. Availability of the Services, including specific features and language versions, varies by country.
13. Force majeure. Neither party will be liable for any failure in performance due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services).
14. Modifications. We may modify this agreement at any time with or without individual notice to you by posting a revised version on the legal information section of the Developer Services and Documentation Portals (or an alternate site we identify), or by notifying you in accordance with Section 9.b. Any modifications will be effective upon notice to you or posting. Your use of the Services after the changes become effective means you agree to the modifications to the Agreement. If you do not agree to the new Agreement, you must stop using the Services.
10. Definitions
“Content” means documents, photographs, videos, data, and other graphical, textual, or audio-visual content.
“Developer Services” means services we identify as governed by this Agreement.
“Developer Software” means Microsoft software we provide to you as part of the Developer Services for use with the Developer Services.
“Documentation Portals” means the site available at http://msdn.microsoft.com, http://technet.microsoft.com, http://docs.microsoft.com, http://developer.microsoft.com, or at alternate sites we identify.
“Microsoft Content” means Content on the Services provided by Microsoft and its suppliers.
“Microsoft Software” means Microsoft software and computer code, including sample code and Developer Software.
“Non-Microsoft Product” is any software, data, service, website or other product licensed, sold or otherwise provided to you by an entity other than us, whether you obtained it via our Services or elsewhere.
“Offer Details” means the pricing and related terms applicable to paid Developer Services.
“Preview” means preview, beta, or other pre-release versions of the Developer Services or Developer Software offered by Microsoft.
“Services” means the Developer Services, Documentation Portals, and Microsoft Software we make available to you under this Agreement.
“Submissions” means Content, code, comments, feedback, suggestions, information or materials that you provide via the Documentation Portals or any Services for public access (rather than for your personal use or use by your authorized users). Submissions do not include User Data.
“User Plan” means a per-user based subscription, trial, or other Microsoft granted benefit that permits access to and account services for the Developer Services.
“we” and “us” means Microsoft.
“you” and “your” means the person or entity accepting this Agreement to use the Services.
Microsoft Developer Services Agreement
Updated October, 2013
This agreement is between you or the entity you represent and the Microsoft entity listed in Exhibit A, and consists of the terms below, Exhibit A, Exhibit B, the SLAs, Offer Details for any Service as published on the date of a Service purchase or renewal, terms incorporated by reference, terms applicable to other Microsoft web sites and services that you use and are necessary to use the Services (for example, your Microsoft Account) and, the Privacy Statement (together, the "Agreement"). If you are entering into this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. If you specify a company name in connection with signing up for or ordering a Service, you will be deemed to have placed that order and to have entered into this Agreement on behalf of that organization or company. Key terms are defined in Section 11. In addition, if you are a Windows Azure customer, this Agreement supplements your existing Windows Azure agreement and governs to the extent of any conflict with the Windows Azure terms (except that the Windows Azure billing terms will continue to apply).
1. Services.
Right to use. We grant you the right to access and use the Services in accordance with this Agreement.
User Plan. Each user of the Visual Studio Online portion of the Developer Services must be allocated an individual User Plan, whether they access the service directly or indirectly.
Manner of use. You may not:
reverse engineer, decompile, disassemble or work around technical limitations in the Services, except to the extent that applicable law permits it despite these limitations;
disable, tamper with or otherwise attempt to circumvent any mechanism that limits your use of the Services;
rent, lease, lend, resell, transfer, or sublicense any Services or portion thereof to or for third parties, except as explicitly permitted herein or in license terms that accompany any Services component;
use the Services for any purpose that is unlawful or prohibited by this Agreement; or
use the Services in any manner that could damage, disable, overburden, or impair any Microsoft service, or the network(s) connected to any Microsoft service, or interfere with any other party’s use and enjoyment of any Services.
Updates. We may make changes to the Services from time to time, including: the availability of features; how long, how much or how often any given feature may be used; and feature dependencies upon other services or software. We will provide you with prior notice before removing any material feature or functionality of the Developer Services (excluding Previews), unless security, legal, or system performance considerations require an expedited removal.
Preview features. We may make features available on a Preview basis. Previews are provided "AS-IS" and are excluded from the SLAs and warranties in Section 7 below. Previews may be subject to reduced or different security, compliance, privacy, availability, reliability, and support commitments, as further explained in the Privacy Statement, and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability", and if we do make Previews "Generally Available" we may charge for any such features.
2. Software.
Using Microsoft Software outside the Service. Microsoft may provide you with Microsoft Software through or as a part of the Developer Services. Termination of use of or access to the Developer Services or the termination of this Agreement terminates your right to possess or use any such Microsoft Software; and the suspension or termination of a User Plan terminates that user’s right to possess or use any such Microsoft Software that was acquired through, is attached to, or otherwise requires that User Plan. You must delete all copies of such Microsoft Software licensed under this Agreement and destroy any associated media upon the termination of the associated possession or usage rights. Microsoft may provide you with Microsoft Software for use outside the Developer Services and with (1) the Developer Services or (2) programs you develop using the Developer Services. If the Microsoft Software is provided with its own license terms, those terms control as modified by the foregoing. If the Microsoft Software does not have its own license terms, then you may install and use any number of copies of the Microsoft Software to design, develop, and test your programs on devices. This subsection does not apply to Microsoft Software addressed in subsection (b) below.
Software on Documentation Portals.Software accessible on the Documentation Portals is made available by the designated publisher under the associated license terms. If Software is accessible on the Documentation Portals without license terms, then subject subsection (c) below you may use it to design, develop, and test your programs. If any such Software without license terms is marked as "sample" or "example," then you may use it under the terms of the Microsoft Limited Public License.
Scope of rights. All Microsoft Software are the copyrighted works of Microsoft or its suppliers. All Microsoft Software are licensed not sold and may not be transferred unless specified otherwise in any license terms provided with the Microsoft Software. Rights to access Microsoft Software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.
Third party software. You are solely responsible for any third party software that you install, connect, or use with any Service. We will not run or make any copies of such third party software outside of our relationship with you. You may only install or use any third party software with any Service in a way that does not subject our intellectual property or technology to any terms governing such software. We are not a party to and are not bound by any terms governing your use of any third party software. We do not grant any licenses or rights, express or implied, to such third party software.
Open source software as part of the Service. If the Service uses or distributes any third party software with open source software license terms ("Open Source"), then such Open Source is licensed to you by Microsoft solely to allow you to interact with the Service under terms of this Agreement. Copies of those applicable Open Source licenses and any other notices, if any, are included for your information only.
Application programming interfaces. Microsoft will not assert any of its patent rights on account of your products calling application programming interfaces that it publishes on the Documentation Portals ("APIs") in order to receive services from the Microsoft product that exposes the APIs.
3. Microsoft Content.
All Microsoft Content is the copyrighted work of Microsoft or its suppliers, and is governed by the terms of the license agreement that accompanies or is included with the Microsoft Content. If the Microsoft Content does not include a license agreement, then you may make a reasonable number of copies of the Microsoft Content for your internal use in designing, developing, and testing your software, products and services that is made available to you on the Documentation Portals without a license agreement. You must preserve the copyright notice in all copies of the Microsoft Content and ensure that both the copyright notice and this permission notice appear in those copies. Accredited educational institutions, such as K-12 schools, universities, and private or public colleges may download and reproduce Microsoft Content for distribution in the classroom for educational purposes.
4. Security, privacy, and Customer Data.
Security. We maintain technical and organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
Privacy and data location. We treat Customer Data in accordance with the terms herein and our Privacy Statement. We may transfer to, store, and process Customer Data in the United States or in any country where we or our Affiliates or subcontractors have facilities used for Developer Services. You will obtain any necessary consent or rights from end users or others whose data or personal information or other data you will be hosting in the Services.
Rights to Provide Customer Data. You are solely responsible for your Customer Data. You must have, and you hereby grant us, sufficient rights to use and distribute Customer Data (including Customer Data sourced from third parties) necessary for us to provide you the Developer Services without violating the rights of any third party, or otherwise obligating Microsoft to you or to any third party. We do not assume any additional obligations that may apply to Customer Data except as required by applicable law.
Ownership of Customer Data. Except for software and Content we license to you, as between the parties, you retain all right, title and interest in and to Customer Data. We acquire no rights in Customer Data other than as described in this Section 4.
Use of Customer Data. We will use Customer Data to provide the Services. This use may include troubleshooting to prevent, find and fix problems with the operation of the Services and ensuring compliance with this Agreement. It may also include: providing you with suggestions to help you discover and use functionality within the Services; improving the features of our Services; and otherwise use patterns, trends, and other statistical data derived from Customer Data to provide, operate, maintain, and improve our products and services. We will not use Customer Data or derive information from it for any (1) advertising or (2) other commercial purposes (beyond providing you with the Services) without your consent.
Customer Data return and deletion. You may delete your Customer Data at any time. If you terminate your account we may delete Customer Data immediately without any retention period. We have no additional obligation to continue to hold, export, or return Customer Data and have no liability whatsoever for deletion of Customer Data pursuant to this Agreement. The Developer Services may have features that incur additional charges or are only available at a specific paid-for-service feature tier. If your account is in arrears or is downgraded to a lesser service feature tier your Customer Data will be preserved, but certain features necessary to access that Customer Data may be inaccessible.
Third party requests of Customer Data. We will not disclose Customer Data to a third party (including law enforcement, other government entity, or civil litigant, but excluding our subcontractors) except as you direct or unless required by law. We will ask any third party demanding access to your Customer Data to contact you directly using your basic contact information. We will promptly notify you and provide a copy of the demand unless legally prohibited. You are responsible for responding to requests by a third party regarding your use of Services.
Subcontractors. We may hire other companies to provide limited services on our behalf, such as customer support. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide. We remain responsible for our subcontractors’ compliance with the obligations set forth in this Agreement.
Compliance with law. We will comply with all laws applicable to our provision of the Services, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to information technology services providers. You will comply with all laws applicable to your Customer Data, and use of the Services, including any laws applicable to you or your industry.
Certifications and compliance. The Developer Services shall be subject to any security, privacy, and compliance practices specifically described for the Developer Services at the Developer Services Portal. These obligations do not apply to any other elements of the Services.
Claims of infringement. We will inform you if we receive notice claiming that your usage of the Service infringes a third party’s intellectual property rights, and in such instances we may provide your basic contact information to the third party. You will promptly respond to such complaints.
5. Customer accounts, customer conduct, identity services, and feedback.
Account creation. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information. You may not select an account user name or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We reserve the right to reject and/or reassign these user names and Service identifiers in our sole discretion.
Responsibility for your accounts. You are responsible for: any and all activities that occur under your account; maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services; and promptly notifying our customer support team about any possible misuse of your accounts or authentication credentials, or any security incident related to the Services.
Your conduct and the availability of third party content and links to third party content. . For any public, community interaction you undertake on the Services you must follow the Rules of Conduct. We have no obligation to monitor the content and communications of third parties on the Services; however, we reserve the right to review and remove any such materials posted to the Documentation Portals in our sole discretion. Third parties that participate on the Services are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Identity usage across Services. We may provide Services that supplement Microsoft Software and rely upon your user account or other identity mechanism. We may use this information to identify you and authorize access to Microsoft Content, Microsoft Software, and other resources across the Services.
Submissions and feedback. We do not claim ownership of any Submission unless otherwise agreed to by the parties. However, by providing a Submission, you are irrevocably granting Microsoft and its Affiliates the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with this Agreement, which may change over time). For Submissions provided to the Documentation Portals you further grant the right to publish specific identifying information detailed in the Privacy Statement in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control. No compensation will be paid with respect to the use of your Submissions. Microsoft is under no obligation to post or use any Submission, and Microsoft may remove any Submission at any time. By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).
Services accessible only to invited customers. Elements of the Services may be accessible to you on an invitation only basis, for example as part of a program for using pre-release Services and providing feedback to us (e.g., through the Connect portal). Those Services are confidential information of Microsoft. You may not disclose this confidential information to any third party for a period of five years. This restriction does not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed. You may disclose this confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give us enough prior notice to provide a reasonable chance to seek a protective order.
6. Term, termination, and suspension.
Agreement Term and termination. You may terminate this Agreement at any time. If you have purchased access to Developer Services through Windows Azure then you must pay any amounts due and owing.
Regulatory. In any country where any current or future government regulation or requirement that applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this Agreement or the Services may be in conflict with any such regulation or requirement, we may change the Services or terminate the Agreement. Your sole remedy for such changes to the Services under this Section is to terminate this Agreement.
Suspension. We may suspend your use of the Services if: (1) reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Sections 4.k or 8 within a reasonable time; or (3) you violate this Agreement. We will attempt to suspend access to the minimum necessary part of the Services while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate this Agreement and delete your Customer Data without any retention period. We may also terminate your account if your use of the Developer Services is suspended more than twice in any 12-month period.
Termination for non-usage. We may suspend or terminate a Service account after a prolonged period of inactivity. For Developer Services, if you have a free account we may terminate this Agreement and/or delete any Customer Data automatically generated during the Developer Services sign up process if you fail to upload or create any Customer Data within 90 days of your initial provisioning of the Developer Service. We will provide you with notice prior to any account suspension or termination, or Customer Data deletion.
Termination of Access to Documentation Portals. We reserve the right to terminate your access to the Documentation Portals at any time, without notice, for any reason whatsoever.
7. Warranties.
Microsoft Services warranty. If you are a Windows Azure customer who has purchased access to the Developer Services, then we warrant that the Developer Services will satisfy the SLA during the Term for the paid for portion of the Developer Services. Your only remedies for breach of this limited warranty are those in the SLA. This warranty is subject to the following limitations:
any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
this limited warranty does not cover problems caused by accident, abuse or use of the Developer Services in a manner inconsistent with this Agreement or our published documentation or guidance, or resulting from events beyond our reasonable control;
this limited warranty does not apply to problems caused by the failure to meet minimum system requirements; and
this limited warranty does not apply to Previews or free offerings.
OTHER THAN THIS WARRANTY, OR EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, MICROSOFT AND ITS RESPECTIVE SUPPLIERS PROVIDE THE SERVICES (INCLUDING THE CONTENT AND APIS) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. WE PROVIDE NO WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING APPLICATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Third party content and materials. MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, INFORMATION, MESSAGES, MATERIALS, PROJECTS ACCESSIBLE FROM OR LINKED THROUGH THE SERVICES, AND, EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
8. Defense of claims.
Defense. We will defend you against any claims made by an unaffiliated third party that the Developer Services or Developer Services Software infringe its patent, copyright or trademark or makes unlawful use of its trade secret. You will defend us against any claims made by an unaffiliated third party that any (1) Non-Microsoft Product that is not made available through the Developer Services or Developer Services Software or (2) Customer Data you provide directly or indirectly in using the Services infringe the third party’s patent, copyright, or trademark or makes unlawful use of its trade secret.
Limitations. Our obligations in Section 8.a will not apply to a claim or award based on: (1) Customer Data, Non-Microsoft Product, modifications you make to the Services, or materials you provide or make available as part of using the Services; (2) your combination of the Services with, or damages based upon the value of, a Non-Microsoft Product, data or business process; (3) your use of a Microsoft trademark without our express written consent, or your use of the Services after we notify you to stop due to a third-party claim; or (4) your redistribution of the Services to, or use for the benefit of, any unaffiliated third party.
Remedies. If we reasonably believe that a claim under Section 8.a may bar your use of the Developer Services or Developer Services Software, we will seek to: (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent. If these options are not commercially reasonable, we may terminate your rights to use the Developer Services or Developer Services Software.
Obligations. Each party must notify the other promptly of a claim under this Section 8. The party seeking protection must (1) give the other sole control over the defense and settlement of the claim; and (2) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties’ respective rights to defense and payment of judgments or settlements under this Section are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law rights.
9. Limitation of liability.
Limitation. The aggregate liability of each party under this Agreement is limited to direct damages up to the amount paid under this Agreement for the Developer Services giving rise to that liability during the 12 months before the liability arose, or for Services provided free of charge, Five Hundred United States dollars ($500.00 USD).
EXCLUSION. NEITHER PARTY, NOR ITS SUPPLIERS WILL BE LIABLE FOR LOSS OF REVENUE, LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THE PARTY KNEW THEY WERE POSSIBLE.
Exceptions to Limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties’ obligations under Section 8 or Exhibit A; or (2) breach of any confidentiality obligation or violation of the other's intellectual property rights.
10. Miscellaneous.
No additional rights granted. We reserve all rights not expressly granted under this agreement, and no other rights are granted under this agreement by implication or estoppel or otherwise.
Notices.
You must send notices by mail to the address listed for the Microsoft contracting entity listed in Exhibit A applicable to your primary place of business, with a copy to:
Microsoft Legal and Corporate Affairs (Developer Division)
One Microsoft Way
Redmond, WA 98052 USA
You agree to receive electronic notices from us related to the Services, which will be sent by email to your specified end user or administrator contact information or presented to you in the Service experience. Notices are effective on the date on the return receipt for mail, the date sent for email, and the date presented if within the Service experience.
Assignment. You may not assign this agreement either in whole or in part.
Severability. If any part of this agreement is held unenforceable, the rest remains in full force and effect.
Waiver. Failure to enforce any provision of this agreement will not constitute a waiver.
No agency. We are independent contractors. This agreement does not create an agency, partnership or joint venture.
No third-party beneficiaries. There are no third-party beneficiaries to this agreement.
Applicable law and venue. The choice of law and venue applicable to the geography of your primary place of business is listed in Exhibit A.
Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications. Additional terms applicable to this agreement based on the geography of your primary place of business are listed in Exhibit A.
Survival. The following provisions will survive this agreement’s termination: 1.b, 2.a-b, 4, 5.a-d, 5.f-g, 6, 7, 8, 9, 10, 11, Exhibit A and all other definitions.
U.S. export jurisdiction. The Services are subject to U.S. export jurisdiction. You must comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
International availability. Availability of the Services, including specific features and language versions, varies by country.
Acquired rights. You will defend us against any claim that arises from (1) any aspect of the current or former employment relationship between you and any of your current or former personnel or contractors or under any collective agreements, including, without limitation, claims for wrongful termination, breach of express or implied employment contracts, or payment of benefits or wages, unfair dismissal costs, or redundancy costs, or (2) any obligations or liabilities whatsoever arising under the Acquired Rights Directive (Council Directive 2001/23/EC, formerly Council Directive 77/187/EC as amended by Council Directive 98/50/EC) or any national laws or regulations implementing the same, or similar laws or regulations, (including the Transfer of Undertakings (Protection of Employment) Regulations 2006 in the United Kingdom) including a claim from your current or former personnel or contractors (including a claim in connection with the termination of their employment by us following any transfer of their employment to us pursuant to such laws or regulations). You must pay the amount of any resulting adverse final judgment (or settlement to which you consent). This section provides our exclusive remedy for these claims. We will notify you promptly in writing of a claim subject to this section. We must (1) give you sole control over the defense or settlement of such claim; and (2) provide reasonable assistance in defending the claim. You will reimburse us for reasonable out of pocket expenses that we incur in providing assistance.
Force majeure. Neither party will be liable for any failure in performance due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services).
Modifications. We may modify this agreement at any time with or without individual notice to you by posting a revised version on the legal information section of the Developer Services and Documentation Portals (or an alternate site we identify), or by notifying you in accordance with Section 10.b. Any modifications will be effective upon your continued use of a Service.
Notices and procedure for making claims of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement ( http://www.microsoft.com/info/cpyrtInfrg.htm).
11. Definitions.
Any reference in this agreement to "day" will be a calendar day.
"Affiliate" means any legal entity that a party owns or that owns a party, with a 50% or greater interest.
"Content" means documents, photographs, videos, and other graphical, textual, or audio-visual content that may be subject to copyright protection.
"Customer Data" means any Content or other data, including all text, sound, software, or image files that are provided to us by, or on behalf of, you through your use of the Developer Services for use by you or your authorized users. Customer Data does not include Submissions or any other Content or data that you submit to the Documentation Portals or otherwise provide via the Developer Services for public access.
"Developer Services" means Visual Studio Online, the Developer Services Portal, the Visual Studio profile services, and other services we identify as governed by this Agreement.
"Developer Services Portal" means the Visual Studio Online portal site available at http://www.visualstudio.com.
"Developer Services Software" means Microsoft software we provide to you as part of the Developer Services for use with the Developer Services.
"Documentation Portals" means the Microsoft developer network content and marketing site available at http://msdn.microsoft.com" and information technology specialist content and marketing site available at http://technet.microsoft.com, or at alternate sites we identify.
"Microsoft Content" means Content on the Services provided by Microsoft and its suppliers.
"Microsoft Limited Public License" means the Microsoft Limited Public License software license, a copy of which is provided in Exhibit B.
"Microsoft Software" means Microsoft software and computer code, including sample code and Developer Services Software.
"Non-Microsoft Product" is any software, data, service, website or other product licensed, sold or otherwise provided to you by an entity other than us, whether you obtained it via our Services or elsewhere.
"Offer Details" means the pricing and related terms applicable to paid for Developer Services.
"Preview" means preview, beta, or other pre-release versions of the Developer Services or Developer Services Software offered by Microsoft.
"Privacy Statement" means the Services privacy statement ( http://go.microsoft.com/fwlink/?LinkID=246330).
"Rules of Conduct" means the Services rules of conduct ( http://go.microsoft.com/fwlink/?LinkId=303819).
"Services" means the Developer Services, Documentation Portals, the http://connect.microsoft.com site, and Microsoft Software we make available to you under this Agreement.
"SLA" means the commitments we make regarding delivery or performance of the Developer Services ( http://go.microsoft.com/fwlink/?LinkId=309360).
"Submissions" means Content, code, comments, feedback, suggestions, information or materials that you provide via the Documentation Portals or any Services for public access (rather than for your personal use or use by your authorized users). Submissions do not include Customer Data.
"User Plan" means a per-user based subscription, trial, or other Microsoft granted benefit that permits access to and account services for the Developer Services.
"we" and "us" means the Microsoft entity listed in Exhibit A applicable to your location and its Affiliates, as appropriate.
"you" and "your" means the person or entity accepting this Agreement to use the Services.
COPYRIGHT NOTICE
© 2013 Microsoft Corporation. All rights reserved.
Exhibit A
Customer Location Agreement Addendum
The Microsoft entity entering into this agreement, the applicable Microsoft entity contact information, the controlling law and venue, and additional terms governing this agreement with you are indicated in the table below for the country or region of your primary place of business.
If your primary place of business is in Africa, Europe, or the Middle East then these terms apply to our agreement.
Microsoft Entity and Contact Information Applicable Law and Venue Additional Terms
Microsoft Ireland Operations Limited
The Atrium, Block B, Carmenhall Road
Sandyford Industrial Estate
Dublin 18
Ireland This agreement is governed by the laws of Ireland, without regard to its conflict of laws principles except that (1) if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and (2) if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. If we bring an action to enforce this agreement, we will bring it in the jurisdiction where you have your headquarters. If you bring an action to enforce this agreement, you will bring it in Ireland. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
If your primary place of business is in American Samoa, Australia, Bangladesh, Bhutan, Brunei Darussalam, Cambodia, East Timor, Hong Kong SAR, India, Indonesia, Lao Peoples Democratic Republic, Macau SAR, Malaysia, Maldives, Nepal New Zealand, People’s Republic of China, Philippines; Republic of Korea, Samoa, Singapore, Sri Lanka, Thailand, Vanuatu or Vietnam then these terms apply to our agreement.
Microsoft Entity and Contact Information Applicable Law and Venue Additional Terms
Microsoft Regional Sales Corporation
438B Alexandra Road, #04-09/12,
Block B, Alexandra Technopark
Singapore, 119968
This agreement is governed by State of Washington law, without regard to its conflict of laws principles. Subject to sections (i) and (ii) below, if we bring an action to enforce this agreement, we will bring it in the jurisdiction where you have your headquarters. If you bring an action to enforce this agreement, you will bring it in the State of Washington, U.S.A. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights.
i. If your principal place of business is in Brunei, Malaysia or Singapore, you consent to the non-exclusive jurisdiction of the Singapore courts.
ii. If your principal place of business is in Bangladesh, Cambodia, India, Indonesia, Macau SAR, the People's Republic of China, Sri Lanka, Thailand, The Philippines or Vietnam, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC"), which rules are deemed to be incorporated by reference into this subsection. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in the above-named countries or elsewhere. To the maximum extent permitted by applicable law, the parties waive their right to any form of appeal or other similar recourse to a court of law. For the purpose of this agreement only, the People's Republic of China does not include Hong Kong SAR, Macau SAR and Taiwan.
The parties agree that this Agreement be written and executed in English and that, in the event this Agreement is translated into Bahasa Indonesia to comply with the implementing regulations of Indonesian Law No. 24/2009, the English language version of this Agreement controls.
If your primary place of business is in North America, South America, or all remaining regions and countries not included in the above and where the Services are lawfully available then these terms apply to our agreement.
Microsoft Entity and Contact Information Applicable Law and Venue Additional Terms
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052 (États-Unis) This agreement is governed by State of Washington law, without regard to its conflict of laws principles. Any action to enforce this agreement must be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
Exhibit B
Microsoft Limited Public License
This license governs use of code marked as "sample" or "example" available on this web site without a license agreement, as provided under the section above titled "NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE." If you use such code (the "software"), you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor’s patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(F) Platform Limitation - The licenses granted in sections 2(A) and 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DEVICE EMULATOR 3.0
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your premises as follows:
• Personal Use. You may install and use the software with third party programs designed and developed for use with the software.
• Production Use. You may install and use any number of copies of the software on your premises to design, develop, test and demonstrate your programs.
2. RIGHT TO DISTRIBUTE. If you comply with the terms below you may copy and distribute the object code form of the software in conjunction with the programs you develop.
a. Distribution Requirements. If you distribute the software, you must:
• require distributors and external end users to agree to terms that protect it at least as much as this agreement; and
• display your valid copyright notice on your programs.
b. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the software;
• use Microsoft’s trademarks in your programs in a way that suggests they come from or are endorsed by Microsoft;
• distribute the software to run on a platform other than the Windows platform;
• include the software in malicious, deceptive or unlawful programs; or
• modify or distribute the software so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party (except as permitted in Section 2); or
• use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECT3D 12 ON WINDOWS 7
________________________________________
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft�s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. Subject to the terms of this Agreement. You may install and use any number of copies of the software. You may copy and distribute the software (i.e. make available for third parties) in games you develop.
b) Included Microsoft Applications. The software may include other Microsoft applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other Microsoft applications.
c) Third Party Software. The software may include third party applications that Microsoft, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only.
d) Utilities. The software may contain some items on the Utilities List at http://go.microsoft.com/fwlink/?LinkId=524839. You may copy and install those items, if included with the software, on your machines or third party machines to debug and deploy the applications and databases you develop with the software. Please note that Utilities are designed for temporary use, that Microsoft may not be able to patch or update Utilities separately from the rest of the software, and that some Utilities by their nature may make it possible for others to access machines on which they are installed. You should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of Utilities you install on any machine.
2. DATA COLLECTION. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft�s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lend the software, (except as expressly stated in Section 1) provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
4. DEVELOPMENT AND TESTING. To ensure your games using Direct3D 12 on Windows 7 also run on Windows 10 or successor operating systems, you must:
a) ensure your games include support for both Direct3D 12 on Windows 7 and Direct3D 12 on Windows 10, with the appropriate version to be executed at runtime (i.e., all decisions where games change behavior or call different APIs based on Windows 7 versus Windows 10 must be made at runtime, and must be re-made each time your game is executed);
b) install the same files for both Windows 7 and Windows 10; and
c) prior to releasing games using Direct3D 12 on Windows 7, test your games to confirm they are working as intended when an end user upgrades to Windows 10 or a successor operating system without having to re-install the games.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit http://aka.ms/exporting.
6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is �as is�, �with all faults�, and without warranty of any kind.
7. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
8. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
9. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED �AS IS.� YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK)
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the software on your devices.
b. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to www.microsoft.com/permission to learn whether that use is allowed.
b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
• DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of code listed in DIRECTX REDIST.TXT files.
• Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample”, as well as those marked as follows:
\Utilities\bin\x86\dxerr
\Utilities\bin\x64\dxerr
\Utilities\bin\x86\dxtex
\Utilities\bin\x64\dxtex
\Utilities\bin\x86\DxViewer
\Utilities\bin\x64\DxViewer
\Utilities\bin\x86\GDFTrace
\Utilities\bin\x64\GDFTrace
\Utilities\bin\x86\MeshConvert
\Utilities\bin\x64\MeshConvert
\Utilities\Source\Sas
\Utilities\Source\Effects11
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows, Xbox and Windows Mobile platforms;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
DirectX Software Development Kit END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the Microsoft software product identified above, which includes computer software and may include associated media and printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1.GRANT OF LICENSE.
This EULA grants you the following limited, non-exclusive rights:
SOFTWARE PRODUCT. You may install and use the SOFTWARE PRODUCT on an unlimited number of computers, including workstations, terminals or other digital electronic devices ("COMPUTERS") to design, develop, and test software application products for use with Microsoft operating system products including Windows NT Workstation 4.0, Windows NT Server 4.0, Windows 95 and subsequent releases thereto ("Application"). You may install copies of the SOFTWARE PRODUCT on up to ten (10) COMPUTERS provided that you are the only individual using the SOFTWARE PRODUCT on each such COMPUTER. If you are an entity, Microsoft grants you the right to designate one individual within your organization to have the right to use the SOFTWARE PRODUCT in the manner provided above.
SAMPLE CODE. You may modify the sample source code located in the SOFTWARE PRODUCT's "MSSDK\Samples\Multimedia" directory ("Sample Code") to design, develop and test your Application. You may also reproduce and distribute the Sample Code in object code form along with any modifications you make to the Sample Code, provided that you comply with the Distribution Requirements described below. For purposes of this Section, "modifications" shall mean enhancements to the functionality of the Sample Code.
REDISTRIBUTABLE CODE. Portions of the SOFTWARE PRODUCT are designated as "Redistributable Code". If you choose to distribute the Redistributable Code, you must include all files listed in such "DirectX" redist.txt file located in the directory named \LICENSE. No modifications, additions, or deletions to the Redistributable Code are permitted without written permission from Microsoft Corporation. Your rights to distribute the Redistributable Code are subject to the Distribution Requirements described below.
DISTRIBUTION REQUIREMENTS. You may reproduce and distribute an unlimited number of copies of the Sample Code and/or Redistributable Code, (collectively "REDISTRIBUTABLE COMPONENTS")as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only as part of, or for use in conjunction with your Application; (b) your Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with Microsoft Windows operating system products including Windows NT Workstation 4.0, Windows NT Server 4.0, Windows 95, and subsequent versions thereof, (d) you distribute your Application containing the REDISTRIBUTABLE COMPONENTS pursuant to an End-User License Agreement (which may be "break-the-seal", "click-wrap", or signed), with terms no less protective than those contained herein; (e) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (f) you must use the setup utility included with the REDISTRIBUTABLE COMPONENTS to install the Redistributable Code; (g) you do not use Microsoft's name, logo, or trademarks to market your Application; (h) you include all copyright and trademark notices contained in the REDISTRIBUTABLE COMPONENTS; (i) you include a valid copyright notice on your Application; and (j) you agree to indemnify, hold harmless, and defend Microsoft from any against any claims or lawsuits, including attorneys' feeds, that arise or result from the use or distribution of your Application.
If you distribute the Redistributable Code separately for use with your Application (such as on your web site or as part of an update to your Application), you must include an end user license agreement in the install program for the Redistributable Code in the form of \license\DirectX End User EULA.txt.
Microsoft reserves all rights not expressly granted to you.
Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
2. COPYRIGHT.
All right, title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), any accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may by accessed through us of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties . This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Microsoft.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of the Support Services is governed by the Microsoft policies and programs described in the user manual, in "on line" documentation and/or other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must cease all use or distribution and destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. U.S. GOVERNMENT RESTRICTED RIGHTS.
All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
5. EXPORT RESTRICTIONS.
Export of the SOFTWARE PRODUCT from the United States is regulated by the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). You agree to comply with the EAR in the export or re-export of the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national of any such country, wherever located, who intends to transmit or transport the SOFTWARE PRODUCT back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
NO WARRANTIES.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE SOFTWARE PRODUCT, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE PRODUCT ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE PRODUCT AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCULSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
If you acquired this product in the United States, this Agreement is governed by the laws of the State of Washington.
If you acquired this product in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this Agreement, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Customer Sales and Service/One Microsoft Way/Redmond, WA 98052-6399.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DXSDK.D3DX
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IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE "BINDING ARBITRATION AND CLASS ACTION WAIVER" SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
________________________________________
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft's rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. Subject to the terms of this agreement, you may install and use any number of copies of the software to develop and test your applications, and solely for use on Windows.
b) Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the NOTICE file accompanying the software.
2. DATA.
a) Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
3. DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute (i.e. make available for third parties) in applications you develop, as described in this Section.
a) Distribution Rights. The code and test files described below are distributable if included with the software.
i. Distributables. You may copy and distribute the object code form of the software listed in the distributables file list in the software; and
ii. Third Party Distribution. You may permit distributors of your applications to copy and distribute any of this distributable code you elect to distribute with your applications.
b) Distribution Requirements. For any code you distribute, you must:
i. add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that protect it and Microsoft at least as much as this agreement; and
iii. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the unmodified distributable code.
c) Distribution Restrictions. You may not:
i. use Microsoft's trademarks or trade dress in your application in any way that suggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so that any part of it becomes subject to any license that requires that the distributable code, any other part of the software, or any of Microsoft's other intellectual property be disclosed or distributed in source code form, or that others have the right to modify it.
4. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lease the software (except for any distributable code, subject to the terms above), provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is "as is", "with all faults", and without warranty of any kind.
7. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can't, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at https://aka.ms/arb-agreement-4. You and Microsoft agree to these terms.
9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).
11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Microsoft Edge Developer Tools
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1) INSTALLATION AND USE RIGHTS.
a) General. You may install and run one instance of the software on up to each of ten of your Windows 10 devices that are linked to the Microsoft account associated with your Windows Store account.
b) Third-Party Software. The software may include third-party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third-party applications may be accessible online on the Third-Party Notices webpage or in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
2) DATA COLLECTION. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
3) SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third-party.
4) EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit the Exporting Microsoft Products site.
5) SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
6) UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
7) ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
8) APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
9) CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
10) DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11) LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third-party Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT EDGE WEBVIEW2 RUNTIME (FIXED VERSION)
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and use any number of copies of the software on your devices.
b) Included Microsoft Applications. The software may include other Microsoft applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other Microsoft applications.
c) Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
d) Other Services. The software may include features that provide an access point to, or rely on, other services, websites, links, content, material, integrations or applications, including as provided by independent third parties (“Other Services”). Your use of Other Services or of software features that rely on Other Services may be governed by separate terms and subject to separate privacy policies. You can view these separate terms and policies through the Other Services’ websites or settings, as applicable. The Other Services may not be available in all regions. You may not use tokens the software uses to call into a Microsoft Azure service separate from the software.
2. DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute (i.e. make available for third parties) in applications you develop, as described in this Section.
a) Distribution Rights.
i. You may copy and distribute the object code of the software; and
ii. You may permit distributors of your applications to copy and distribute any of this distributable code you elect to distribute with your applications.
b) Distribution Requirements. For any code you distribute, you must:
i. add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that protect it and Microsoft at least as much as this agreement, including providing notice to end users as required in Section 8 below;
iii. You must acquire all code, including any code obtained from a Microsoft URL, directly from Microsoft, including a Microsoft download site; and
iv. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the unmodified distributable code.
c) Distribution Restrictions. You may not:
i. use Microsoft’s trademarks or trade dress in your application in any way that suggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so that any part of it becomes subject to any license that requires that the distributable code, any other part of the software, or any of Microsoft’s other intellectual property be disclosed or distributed in source code form, or that others have the right to modify it; or
iii. provide any Microsoft download sites or shortcuts that provides access to this software to a third party.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
4. DATA.
a) Data Collection. The software may collect information about you and your end users’ use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
b) Microsoft Defender SmartScreen. Microsoft Defender SmartScreen (“SmartScreen”) is enabled by default. You can learn more about SmartScreen in the Microsoft Edge Privacy Whitepaper at https://learn.microsoft.com/en-us/microsoft-edge/privacy-whitepaper#smartscreen. If you do not disable SmartScreen, you must provide notice to your end users as required by Section 8 below.
c) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://learn.microsoft.com/en-us/legal/gdpr.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
6. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
7. H.264/AVC VIDEO STANDARD.. This product includes H.264/AVC codec technology. MPEG LA LLC requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA LLC. SEE HTTPS://WWW.MPEGLA.COM.
For clarification purposes, this notice does not limit or inhibit the use of the product for normal business uses that are personal to that business which do not include (i) redistribution of the product to third parties, or (ii) creation of content with AVC Standard compliant technologies for distribution to third parties.
8. REQUIRED SMARTSCREEN NOTICE TO END USERS.
If you do not disable SmartScreen as described in Section 4(b) above, you must provide notice to all users that your software includes Microsoft Defender SmartScreen and collects and sends the end user’s information to Microsoft as disclosed in Microsoft’s Privacy Statement at https://aka.ms/privacy and the Microsoft Edge Privacy Whitepaper at https://learn.microsoft.com/en-us/microsoft-edge/privacy-whitepaper#smartscreen.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at aka.ms/arb-agreement-1. You and Microsoft agree to these terms.
10. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
11. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
12. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
13. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
This software incorporates material from third parties. Microsoft makes certain open source code available at https://thirdpartysource.microsoft.com, or you may send a check or money order for US $5.00, including the product name, the open source component, and version number, to:
Source Code Compliance Team
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
USA
Notwithstanding any other terms, you may reverse engineer this software to the extent required to debug changes to any libraries licensed under the GNU Lesser General Public License.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT EDGE WEBVIEW2 RUNTIME
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and use any number of copies of the software to develop and test your applications.
b) Included Microsoft Applications. The software may include other Microsoft applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other Microsoft applications.
c) Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
2. DISTRIBUTABLE CODE.
a) Distribution Rights.
i. You may copy and distribute the object code of the software; and
ii. You may permit distributors of your applications to copy and distribute any of this distributable code you elect to distribute with your applications.
b) Distribution Requirements. For any code you distribute, you must:
i. add significant primary functionality to it in your applications;
ii. require distributors and external end users to agree to terms that protect it and Microsoft at least as much as this agreement, including providing notice to end users as required in Section 9 below
iii. You must acquire all code, including any code obtained from a Microsoft URL, directly from Microsoft, including a Microsoft download site; and
iv. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the unmodified distributable code.
c) Distribution Restrictions. You may not:
i. use Microsoft’s trademarks or trade dress in your application in any way that suggests your application comes from or is endorsed by Microsoft; or
ii. modify or distribute the source code of any distributable code so that any part of it becomes subject to any license that requires that the distributable code, any other part of the software, or any of Microsoft’s other intellectual property be disclosed or distributed in source code form, or that others have the right to modify it; or
iii. provide any Microsoft download sites or shortcuts that provides access to this software to a third party.
3. DATA.
a) Data Collection. The software may collect information about you and your end users’ use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
b) Microsoft Defender SmartScreen. Microsoft Defender SmartScreen (“SmartScreen”) is enabled by default. You can learn more about SmartScreen in the Microsoft Edge Privacy Whitepaper at https://learn.microsoft.com/en-us/microsoft-edge/privacy-whitepaper#smartscreen. If you do not disable SmartScreen, you must provide notice to your end users as required by Section 9 below.
c) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://learn.microsoft.com/en-us/legal/gdpr.
4. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
5. H.264/AVC VIDEO STANDARD.. This product includes H.264/AVC codec technology. MPEG LA LLC requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA LLC. SEE HTTPS://WWW.MPEGLA.COM.
For clarification purposes, this notice does not limit or inhibit the use of the product for normal business uses that are personal to that business which do not include (i) redistribution of the product to third parties, or (ii) creation of content with AVC Standard compliant technologies for distribution to third parties.
6. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
7. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
8. UPDATES. The software may periodically check for updates, and download and install them for you or your end users. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your or your end users’ systems to provide you or your end users with updates. You agree to receive these automatic updates without any additional notice and you agree to provide notice to your end users on Windows 7 or 8 devices as required under Section 9 below. Updates may not include or support all existing software features, services, or peripheral devices.
9. REQUIRED NOTICES TO END USERS.
a) Required SmartScreen notice. If you do not disable SmartScreen as described in Section 3(b) above, you must provide notice to all users that your software includes Microsoft Defender SmartScreen and collects and sends the end user’s information to Microsoft as disclosed in Microsoft’s Privacy Statement at https://aka.ms/privacy and the Microsoft Edge Privacy Whitepaper at https://learn.microsoft.com/en-us/microsoft-edge/privacy-whitepaper#smartscreen.
b) Required Update Disclosure to Windows 7 and 8.1 end users. Per Section 8 above, you must provide notice to your end users on Windows 7 and 8.1 devices that the software may periodically check for updates, and download and install them on your end users’ devices without any additional notice.
10. BINDING ARBITRATION AND CLASS ACTION WAIVER.This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at https://aka.ms/arb-agreement-4. You and Microsoft agree to these terms.
11. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
12. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).
13. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
14. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
This software incorporates material from third parties. Microsoft makes certain open source code available at https://thirdpartysource.microsoft.com, or you may send a check or money order for US $5.00, including the product name, the open source component, and version number, to:
Source Code Compliance Team
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
USA
Notwithstanding any other terms, you may reverse engineer this software to the extent required to debug changes to any libraries licensed under the GNU Lesser General Public License.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
ENTITY FRAMEWORK 4.1
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows Operating System software (the "software"), you may use this supplement. You may not use it if you do not have a license for the software. You may use this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.
If you comply with these license terms, you have the rights below.
1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. "Distributable Code" is code that you are permitted to distribute in programs you develop if you comply with the terms below.
a. Right to Use and Distribute.
• You may copy and distribute the object code form of the supplement.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
b. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
• distribute Distributable Code included in a setup program only as part of that setup program without modification;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
c. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx.
Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.
Remarque: Ce logiciel étant distribué au Québec, Canada, les termes de cette licence sont fournis ci-dessous en français.
TERMES DU CONTRAT DE LICENCE D’UN SUPPLÉMENT MICROSOFT
ENTITY FRAMEWORK 4.1
Microsoft Corporation (ou en fonction du lieu où vous vivez, l’un de ses affiliés) vous accorde une licence pour ce supplément. Si vous êtes titulaire d’une licence d’utilisation du logiciel Microsoft Windows Operating System (le « logiciel »), vous pouvez utiliser ce supplément. Vous n’êtes pas autorisé à utiliser ce supplément si vous n’êtes pas titulaire d’une licence pour le logiciel. Vous pouvez utiliser une copie de ce supplément avec chaque copie concédée sous licence du logiciel.
Les conditions de licence suivantes décrivent les conditions d’utilisation supplémentaires applicables pour ce supplément. Les présentes conditions et les conditions de licence pour le logiciel s'appliquent à l'utilisation du supplément. En cas de conflit, les présentes conditions de licence supplémentaires s’appliquent.
En utilisant ce supplément, vous acceptez ces termes. Si vous ne les acceptez pas, n’utilisez pas ce supplément.
Dans le cadre du présent accord de licence, vous disposez des droits ci-dessous.
1. CODE DISTRIBUABLE. Le supplément constitue du Code Distribuable. Le « Code Distribuable » est le code que vous êtes autorisé à distribuer dans les programmes que vous développez, sous réserve de vous conformer aux termes ci-après.
a. Droit d’utilisation et de distribution.
• Vous êtes autorisé à copier et à distribuer la version en code objet du supplément.
• Distribution par des tierces parties. Vous pouvez autoriser les distributeurs de vos programmes à copier et à distribuer le code distribuable en tant que partie intégrante de ces programmes.
b. Conditions de distribution. Pour pouvoir distribuer du code distribuable, vous devez :
• y ajouter des fonctionnalités importantes au sein de vos programmes,
• pour tout Code distribuable dont l’extension de nom de fichier est .lib, distribuer seulement les résultats de l’exécution de ce Code distribuable à l’aide d’un éditeur de liens avec votre programme ;
• distribuer le Code distribuable inclus dans un programme d’installation seulement en tant que partie intégrante de ce programme sans modification ;
• lier les distributeurs et les utilisateurs externes par un contrat dont les termes les protègent autant que le présent contrat,
• afficher votre propre mention de droits d’auteur valable sur vos programmes et
• garantir et défendre Microsoft contre toute réclamation, y compris pour les honoraires d’avocats, qui résulterait de la distribution ou l’utilisation de vos programmes.
c. Restrictions de distribution. Vous n’êtes pas autorisé à :
• modifier toute mention de droits d’auteur, de marques ou de droits de propriété industrielle pouvant figurer dans le code distribuable,
• utiliser les marques de Microsoft dans les noms de vos programmes ou d’une façon qui suggère que vos programmes sont fournis par Microsoft ou sous la responsabilité de Microsoft,
• distribuer le Code distribuable en vue de son exécution sur une plate-forme autre que la plate-forme Windows,
• inclure le Code distribuable dans des programmes malveillants, trompeurs ou interdits par la loi, ou
• modifier ou distribuer le code source de code distribuable de manière à ce qu’il fasse l’objet, en partie ou dans son intégralité, d’une Licence Exclue. Une Licence Exclue implique comme condition d’utilisation, de modification ou de distribution, que :
• le code soit dévoilé ou distribué dans sa forme de code source, ou
• d’autres aient le droit de le modifier.
2. SERVICES D’ASSISTANCE TECHNIQUE POUR LE SUPPLÉMENT. Microsoft fournit des services d’assistance technique pour ce logiciel disponibles sur le site www.support.microsoft.com/common/international.aspx.
Entity Framework 5 License
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
ENTITY FRAMEWORK 5.0 FOR MICROSOFT WINDOWS OPERATING SYSTEM
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows Operating System software (the "software"), you may use this supplement. You may not use it if you do not have a license for the software. You may use this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.
If you comply with these license terms, you have the rights below.
1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. "Distributable Code" is code that you are permitted to distribute in programs you develop if you comply with the terms below.
a. Right to Use and Distribute.
You may copy and distribute the object code form of the supplement.
Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
b. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your programs.
c. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft's trademarks in your programs' names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx.
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE IMPORTANT-READ CAREFULLY:
This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
a. This EULA grants you the right to install and use one copy of the SOFTWARE PRODUCT on a single computer.
b. Redistributable Components. Provided that you comply with Section 1.c., in addition to the rights granted in Section 1.a., Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the following files located in the SOFTWARE PRODUCT (the "Redistributables"): jscript.dll (contained only in Microsoft JScript), vbscript.dll, scrobj.dll, scrrun.dll, dispex.dll, cscript.exe, wscript.exe, wshom.ocx, wshext.dll, wshcon.dll and the installation executable (scripten.exe, scr56en.exe or ste56en.exe).
c. Redistribution Requirements. If you redistribute the Redistributables, you agree to: (i) distribute the Redistributables in object code form only and solely in conjunction with your software product that adds significant and primary functionality to the Redistributables ("Licensee Product"); (ii) include Visual Basic, Scripting Edition components (vbscript.dll) in any and all Licensee Products that contain Microsoft JScript (jscript.dll); (iii) include a valid copyright notice on your software product; (iv) not use Microsoft's name, logo, or trademarks to market your software product; (v) indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software product; and (vi) not permit further distribution of the Redistributables by your end user.
d. Documentation. Microsoft grants you a nonexclusive royalty-free right to reproduce and distribute all or portions of the documentation (i.e., "Using Jscript in HTML" tutorial, "Using VBScript in HTML" tutorial, or "Language and Run-time Reference") provided with the SOFTWARE PRODUCT ("Documentation") solely in conjunction with Licensee Product, provided that: (i) you do not modify the Documentation; and (ii) you retain all proprietary notices of Microsoft Corporation included in the Documentation.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
c. Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade , you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
6. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or related documentation and technical data or (ii) your software product as described in Section 1(b) of this License (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
LIMITED WARRANTY
NO WARRANTIES. Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
MICROSOFT EXCHANGE SERVER 2010 SP2 WEB SERVICES SOFTWARE DEVELOPMENT KIT
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and You. Please read them. They apply to the software named above, which includes the media on which You received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY INSTALLING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SOFTWARE.
YOU MAY USE THE SOFTWARE SOLELY IN PROGRAMS DEVELOPED BY YOU THAT INTEROPERATE WITH MICROSOFT EXCHANGE SERVER (REFERRED TO AS "AUTHORIZED PROGRAMS").
If You comply with these license terms, You have the rights below.
INSTALLATION AND USE. You may install and use any number of copies of the software on Your devices solely to design, develop and test Authorized Programs.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
Distributable Code. The software contains code that You are permitted to include in Authorized Programs if You comply with the terms below.
Right to Use and Distribute. The code and text files listed below are "Distributable Code."
Sample Code. You may modify, copy and distribute the source code form of code marked as "sample" in the Software.
Redistribution. You may permit the distributors of Authorized Programs to copy and distribute the Distributable Code as part of those programs.
Distribution Requirements. For any Distributable Code You distribute, You must
add significant primary functionality to it in Authorized Programs;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display Your valid copyright notice on Authorized Programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of Authorized Programs.
Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in Your programs’ names or in a way that suggests Your programs come from or are endorsed by Microsoft;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify, distribute or convey any Distributable Code so that the Distributable Code or any application to which it links, or of which it is a part, becomes subject to an Excluded License. An Excluded License is any other license that requires, as a condition of use, modification, distribution or conveyance that,
the code be disclosed or distributed in source code form; or
others have the right to modify or create derivative works of it.
INTERNET BASED SERVICES. Microsoft may provide Internet-based services with the software. It may change or cancel them at any time.
SCOPE OF LICENSE. You may only use the software in Authorized Programs. The software is licensed, not sold. This agreement only gives You some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the software only as expressly permitted in this agreement. You may not:
work around any explicit instructions in the software that limit or restrict their use;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
use the software in any way that intentionally harms services provided by Microsoft or impairs anyone else's use of such services;
use the software to try to gain unauthorized access to any service, data, account or network by any means;
make more copies of the software than reasonably necessary for You to exercise Your rights under this agreement;
publish the software for others to copy;
rent, lease or lend the software or
publish the software as a hosted service without adding significant primary functionality to them in Authorized Programs.
TRANSFER TO A THIRD PARTY. The first user of the software may transfer them and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring them separately from the device. The first user may not retain any copies.
EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
SUPPORT. Microsoft is not obligated to provide any technical or other support under this agreement ("Support Services") for the software to You. However, if Microsoft chooses to provide any Support Services to You, Your use of such Support Services will be governed by then-current Microsoft policies (i.e. terms separate from this agreement). With respect to any technical or other information You provide to Microsoft in connection with the Support Services, You agree that Microsoft has an unrestricted right to use such information for its business purposes, including for product support and development. Microsoft will not use such information in a form that personally identifies You.
RESERVATION OF RIGHTS. Except for the licenses expressly granted under this license, Microsoft and its suppliers retain all right, title and interest in and to the software, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this license except as explicitly provided in this license or approved in advance in writing by Microsoft.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and Support Services that You use, are the entire agreement with respect to the software.
APPLICABLE LAW.
United States. If You acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where You live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States. If You acquired the software in any other country, the laws of that country apply.
LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of Your country. You may also have rights with respect to the party from whom You acquired the software. This agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
DISCLAIMER OF WARRANTY. The software are licensed "as-is." You bear the risk of using them. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMANGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
anything related to the software, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
CONTAINER OS IMAGE
Microsoft Corporation (or based on where you live, one of its affiliates)
(referenced as "us," "we," or "Microsoft") licenses this Container OS Image
supplement to you ("Supplement"). You are licensed to use this Supplement in
conjunction with the underlying host operating system software ("Host Software")
solely to assist running the containers feature in the Host Software. The Host
Software license terms apply to your use of the Supplement. You may not use it
if you do not have a license for the Host Software. You may use this Supplement
with each validly licensed copy of the Host Software.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
Your use of the Supplement as specified in the preceding paragraph may result in
the creation or modification of a container image ("Container Image") that
includes certain Supplement components. For clarity, a Container Image is
separate and distinct from a virtual machine or virtual appliance image.
Pursuant to these license terms, we grant you a restricted right to redistribute
such Supplement components under the following conditions:
(i) you may use the Supplement components only as used in, and as a part of
your Container Image,
(ii) you may use such Supplement components in your Container Image as long
as you have significant primary functionality in your Container Image that
is materially separate and distinct from the Supplement; and
(iii) you agree to include these license terms (or similar terms required by
us or a hoster) with your Container Image to properly license the possible
use of the Supplement components by your end-users.
We reserve all other rights not expressly granted herein.
By using this Supplement, you accept these terms. If you do not accept them, do
not use this Supplement.
ILMerge license
MICROSOFT ILMerge
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
1.1 License Grant. Microsoft grants to you a personal, nonexclusive, nontransferable, limited license to install and use a reasonable number of copies of the Software on computers residing on your premises for the purposes of designing, developing, and testing, your software product(s), provided that you are the only individual using the Software.
1.2 Documentation. You may make and use a reasonable number of copies of any documentation, provided that such copies shall be used only for your personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
2. RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed as a single product. Its component parts may not be separated. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties, and Microsoft (or its suppliers, where applicable) own all right, title, and interest in all intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
5. NO SOFTWARE TRANSFER. You may not assign or otherwise transfer the SOFTWARE or any of your rights hereunder to any third party.
6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. ADDITIONAL SOFTWARE/SERVICES. Microsoft is not obligated to provide maintenance, technical supplements, updates, or other support to you for the Software licensed under this EULA. In the event that Microsoft does provide such supplements or updates, this EULA applies to such updates, supplements, or add-on components of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, or add-on component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting/.
9. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, LOSS OF DATA, or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, the provision of or failure to provide Support OR OTHER Services, informatIon, software, and related CONTENT through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. APPLICABLE LAW. This EULA shall be construed under and governed by the laws of the State of Washington, without regard to conflicts of law principles.
14. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect
Microsoft Invisible Computing
MICROSOFT SHARED SOURCE LICENSE Version 1.0 FOR MICROSOFT INVISIBLE COMPUTING
This License governs use of the accompanying Software.
You can use this Software for any non-commercial purpose, including distributing derivatives. Running your business operations would not be considered non-commercial.
For commercial purposes, you can reference this software solely to assist in developing and testing your own software and hardware for the Microsoft Invisible Computing platform. You may not distribute this software in source or object form for commercial purposes under any circumstances.
In return, we simply require that you agree:
Not to remove any copyright notices from the Software.
That if you distribute the Software in source code form you do so only under this License (i.e. you must include a complete copy of this License with your distribution), and if you distribute the Software solely in object form you only do so under any license that complies with this License.
That the Software comes "as is", with no warranties. None whatsoever. This means no implied warranty of merchantability or fitness for a particular purpose or any warranty of non-infringement. Also, you must pass this disclaimer on whenever you distribute the Software.
That Microsoft will not be liable for any of those types of damages known as indirect, special, consequential, or incidental related to the Software or this License, to the maximum extent the law permits. Also, you must pass this limitation of liability on whenever you distribute the Software.
That if you sue anyone over patents that you think may apply to the Software for a person's use of the Software, your license to the Software ends automatically.
That the patent rights Microsoft is licensing only apply to the Software, not to any derivatives you make.
That your rights under the License end automatically if you breach it in any way.
©2004 Microsoft Corporation. All rights reserved.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT JDBC DRIVER 4.0 FOR SQL SERVER
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices to design, develop and test your programs.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT JDBC DRIVER 4.1 FOR SQL SERVER
These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the software
named above, which includes the media on which you received it, if any. The terms also apply to
any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use.
i. You may install and use any number of copies of the software on your devices.
b. Third Party Programs. The software may include third party programs that Microsoft,
not the third party, licenses to you under this agreement. Notices, if any, for the third
party program are included for your information only.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
3. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on destinations, end
users and end use. For additional information, see www.microsoft.com/exporting.
4. SUPPORT SERVICES. Because this software is "as is," we may not provide support
services for it.
5. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-
based services and support services that you use, are the entire agreement for the software
and support services.
6. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of
that country apply.
7. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the laws
of your country if the laws of your country do not permit it to do so.
8. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU
BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS
WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS
AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER
YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
9. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN
RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP
TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL
DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet
sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this
agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ».
Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune
autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local
sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont
permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un
usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE
RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de
ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00
$ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y
compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant
sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de
responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi
en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité
d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité
pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la
limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir
d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits
que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT JDBC DRIVER 6.0 FOR SQL SERVER
These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the software
named above, which includes the media on which you received it, if any. The terms also apply to
any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use.
i. You may install and use any number of copies of the software on your devices.
b. Third Party Programs. The software may include third party programs that Microsoft,
not the third party, licenses to you under this agreement. Notices, if any, for the third
party program are included for your information only.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code.
i. Right to Use and Distribute. You are permitted to distribute the software in programs you
develop if you comply with the terms below:
* You may copy and distribute the object code form of the software (Distributable Code) in
programs you develop. You may not modify the software.
* You may permit distributors of your programs to copy and distribute the Distributable Code
as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
* add significant primary functionality to it in your programs;
* require distributors and external end users to agree to terms that protect it at least as
much as this agreement;
* display your valid copyright notice on your programs; and
* indemnify, defend, and hold harmless Microsoft from any claims, including attorneys fees,
related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
* alter any copyright, trademark or patent notice in the Distributable Code;
* use Microsoft trademarks in your programs names or in a way that suggests your programs
come from or are endorsed by Microsoft;
* include Distributable Code in malicious, deceptive or unlawful programs; or
* modify or distribute the source code of any Distributable Code so that any part of it
becomes subject to an Excluded License. An Excluded License is one that requires, as a
condition of use, modification or distribution, that
* the code be disclosed or distributed in source code form; or
* others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
4. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on destinations, end
users and end use. For additional information, see www.microsoft.com/exporting.
5. SUPPORT SERVICES. Because this software is "as is" we may not provide support
services for it.
6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-
based services and support services that you use, are the entire agreement for the software
and support services.
7. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of
that country apply.
8. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the laws
of your country if the laws of your country do not permit it to do so.
9. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS". YOU
BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS
WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS
AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER
YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN
RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP
TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL
DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet
sites, or third party programs, and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this
agreement are provided below in French.
Remarque : Ce logiciel Ètant distribuÈ au QuÈbec, Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en franÁais.
EXON…RATION DE GARANTIE. Le logiciel visÈ par une licence est offert ´ tel quel ª.
Toute utilisation de ce logiciel est ‡ votre seule risque et pÈril. Microsoft níaccorde aucune
autre garantie expresse. Vous pouvez bÈnÈficier de droits additionnels en vertu du droit local
sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont
permises par le droit locale, les garanties implicites de qualitÈ marchande, díadÈquation ‡ un
usage particulier et díabsence de contrefaÁon sont exclues.
LIMITATION DES DOMMAGES-INT…R TS ET EXCLUSION DE
RESPONSABILIT… POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de
ses fournisseurs une indemnisation en cas de dommages directs uniquement ‡ hauteur de 5,00
$ US. Vous ne pouvez prÈtendre ‡ aucune indemnisation pour les autres dommages, y
compris les dommages spÈciaux, indirects ou accessoires et pertes de bÈnÈfices.
Cette limitation concerne :
* tout ce qui est reliÈ au logiciel, aux services ou au contenu (y compris le code) figurant
sur des sites Internet tiers ou dans des programmes tiers ; et
* les rÈclamations au titre de violation de contrat ou de garantie, ou au titre de
responsabilitÈ stricte, de nÈgligence ou díune autre faute dans la limite autorisÈe par la loi
en vigueur.
Elle síapplique Ègalement, mÍme si Microsoft connaissait ou devrait connaÓtre líÈventualitÈ
díun tel dommage. Si votre pays níautorise pas líexclusion ou la limitation de responsabilitÈ
pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la
limitation ou líexclusion ci-dessus ne síappliquera pas ‡ votre Ègard.
EFFET JURIDIQUE. Le prÈsent contrat dÈcrit certains droits juridiques. Vous pourriez avoir
díautres droits prÈvus par les lois de votre pays. Le prÈsent contrat ne modifie pas les droits
que vous confËrent les lois de votre pays si celles-ci ne le permettent pas.
Microsoft Kinect for Windows
Software Development Kit (SDK)
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. It also applies to any Microsoft
updates,
supplements,
documentation, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
The software is licensed, not sold. By downloading, installing, accessing, or using the software, you accept all terms in this agreement. If you do not accept them, do not download, install, access, or use the software. "You" or "you" means the individual who downloads, installs, accesses, or uses the software (and, if you represent a legal entity, it also means that entity, and you represent and warrant that you are authorized to enter into this agreement for that entity).
If you comply with these license terms, you have the rights below.
INSTALLATION AND USE RIGHTS.
Installation and Use. You may (i) install and use any number of copies of the software (only when installed using the accompanying software installer package) on your computer to design, develop, and test your programs that run specifically on a Microsoft Windows operating system, and that are intended for use solely in connection with Microsoft Kinect for Windows sensor, and its associated drivers and runtime software, and no other sensor ("Kinect for Windows Applications"), and (ii) distribute your Kinect for Windows Applications, subject to the terms in this agreement.
Restricted Use with the Kinect for Xbox 360 Sensor. The Kinect for Xbox 360 sensor is sold subject to the terms of a Limited Warranty and Software License Agreement that permits use of the device solely in connection with an Xbox 360 or Xbox 360 S console. Notwithstanding this restriction in the Kinect for Xbox 360 sensor Limited Warranty and Software License Agreement, you may use an unmodified Kinect for Xbox 360 sensor to assist in the design, development, and testing of your Kinect for Windows Applications, subject to the terms and conditions of this agreement. All of the other terms of the Kinect for Xbox 360 Limited Warranty and Software License Agreement remain unchanged. You agree that end users of Kinect for Windows Applications are not licensed to use Kinect for Xbox 360 sensors in connection with such Kinect for Windows Applications, and that you and your distributors will not directly or indirectly assist, encourage, or enable Kinect for Windows Application end users to do so.
Included Microsoft Programs. The software includes other Microsoft programs. The license terms with those programs apply to your use of them.
No High Risk Use. WARNING: The Kinect for Xbox 360 sensor and the Kinect for Windows sensor (the "Kinect Sensors"), and the software are not fault-tolerant. The Kinect Sensors and the software are not designed or intended for use with any program where failure or fault of any kind of the Kinect Sensors or software could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). You are not licensed to, and you agree not to, use, distribute, or sublicense the use of the Kinect Sensors and/or software in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft navigation and control of other modes of human mass transportation, nuclear or chemical facilities.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
Distributable Code. The software contains code that you are permitted to distribute solely in Kinect for Windows Applications if you comply with the terms below.
Right to Use and Distribute. The code and text files listed below are "Distributable Code."
REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
Sample Code. You may modify, copy, and distribute the source and object code form of code in the Samples subdirectory.
Third Party Distribution. You may permit distributors of your Kinect for Windows Applications to copy and distribute the Distributable Code as part of those Kinect for Windows Applications.
Distribution Requirements. For any Distributable Code you distribute, you must:
add significant primary functionality to it in your Kinect for Windows Applications;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
clearly state in marketing materials, documentation, and other materials related to the Kinect for Windows Application (e.g. on the webpages on which the Kinect for Windows Application is described or from which the Kinect for Windows Application may be downloaded or otherwise obtained), that it is intended for use only with the Kinect for Windows sensor;
require distributors and external end users to agree to terms that protect it at least as much as this agreement; and
display your valid copyright notice on your Kinect for Windows Applications.
Distribution Restrictions. You may not:
alter any copyright, trademark, or patent notice in the Distributable Code;
use Microsoft's trademarks, including, but not limited to Microsoft, Kinect, and Windows, in your Kinect for Windows Applications' names or in a way that suggests your Kinect for Windows Applications come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than a Microsoft Windows operating system;
include Distributable Code in malicious, obscene, deceptive, or unlawful programs;
include Distributable Code for any programs designed or intended for High Risk Use;
or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification, or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
access or use, or attempt to access or use, features of the Kinect Sensors that are not exposed or enabled by the software;
distribute Kinect for Windows Applications for use with any sensor other than Kinect for Windows sensor, its associated drivers, and runtime software;
use the software or any Kinect for Windows Applications in any High Risk Use;
work around any technical limitations in the software;
reverse engineer, decompile, or disassemble any part of the software not provided in source code form, except and only to the extent that applicable law expressly permits, despite this limitation;
publish the software for others to copy;
rent, lease, or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
REGULATORY COMPLIANCE. You agree that your development, marketing, sales, and distribution of Kinect for Windows Applications shall be in compliance with all applicable legal requirements, including compliance with the medical device regulatory requirements of the U.S. Federal Food, Drug, and Cosmetic Act and any associated requirements, or similar laws, regulations, or policies in other countries or territories. To the extent required by law, you are solely responsible for obtaining or filing any approval, clearance, registration, permit, or other regulatory authorization and shall comply with the requirements of such authorization.
ACKNOWLEDGEMENT AND WAIVER. You acknowledge the software may allow you to control the Kinect Sensors, which are mechanical hardware devices that include motors to move the device, a fan to cool it, and other mechanical components. Depending on how you elect to use the software, you could harm persons or damage or destroy the Kinect Sensors, products incorporating the Kinect Sensors, or other property. In using the software, you must take steps to design and test your Kinect for Windows Applications to ensure that your applications do not present unreasonable risks of personal injury or death, property damage, or other losses. Kinect Sensors utilize complex hardware and software technology that may not always function as intended. You must design your application so that any failure of a Kinect Sensor and/or the software does not cause personal injury or death, property damage, or other losses. If you choose to use the software, you assume all risk that your use of the Kinect Sensors and/or the software causes any harm or loss, including to the end users of your Kinect for Windows Applications, and you agree to waive all claims against Microsoft and its affiliates related to such use (including, but not limited to, any claim that a Kinect Sensor or the software is defective) and to hold Microsoft and its affiliates harmless from such claims.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Microsoft and its affiliates from any claims, including attorneys' fees, related to the distribution or use of your Kinect for Windows Applications.
BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. For additional information, see www.microsoft.com/exporting.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
APPLICABLE LAW.
United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States. If you acquired the software in any other country, the laws of that country apply.
LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state, province, or country. This agreement does not change your rights under the laws of your state, province, or country if the laws of your state, province, or country do not permit it to do so.
DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear all risk of using it. Microsoft gives no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws that this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
claims for breach of contract; breach of warranty, guarantee, or condition; strict liability, negligence, or other tort, to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.
Elle s'applique également, même si Microsoft connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Microsoft Limited Community License (Ms-LCL)
Published: October 18, 2005
This license governs use of the accompanying software. If you use the software,
you accept this license. If you do not accept the license, do not use the
software.
1. Definitions
The terms "reproduce," "reproduction" and "distribution" have the same meaning
here as under U.S. copyright law.
"You" means the licensee of the software.
"Larger work" means the combination of the software and any additions or
modifications to the software.
"Licensed patents" means any Licensor patent claims which read directly on the
software as distributed by the Licensor under this license.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, the Licensor grants you a non-
exclusive, worldwide, royalty-free copyright license to reproduce the software,
prepare derivative works of the software and distribute the software or any
derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, the Licensor grants you a non-
exclusive, worldwide, royalty-free patent license under licensed patents to
make, have made, use, practice, sell, and offer for sale, and/or otherwise
dispose of the software or derivative works of the software.
3. Conditions and Limitations
(A) Reciprocal Grants- Your rights to reproduce and distribute the software (or
any part of the software), or to create and distribute derivative works of the
software, are conditioned on your licensing the software or any larger work you
create under the following terms:
1.
If you distribute the larger work as a series of files, you must grant all
recipients the copyright and patent licenses in sections 2(A) & 2(B) for any
file that contains code from the software. You must also provide recipients
the source code to any such files that contain code from the software along
with a copy of this license. Any other files which are entirely your own work
and which do not contain any code from the software may be licensed under any
terms you choose.
2.
If you distribute the larger work as a single file, then you must grant all
recipients the rights set out in sections 2(A) & 2(B) for the entire larger
work. You must also provide recipients the source code to the larger work
along with a copy of this license.
(B) No Trademark License- This license does not grant you any rights to use the
Licensor's name, logo, or trademarks.
(C) If you distribute the software in source code form you may do so only under
this license (i.e., you must include a complete copy of this license with your
distribution), and if you distribute the software solely in compiled or object
code form you may only do so under a license that complies with this license.
(D) If you begin patent litigation against the Licensor over patents that you
think may apply to the software (including a cross-claim or counterclaim in a
lawsuit), your license to the software ends automatically.
(E) The software is licensed "as-is." You bear the risk of using it. The
Licensor gives no express warranties, guarantees or conditions. You may have
additional consumer rights under your local laws which this license cannot
change. To the extent permitted under your local laws, the Licensor excludes the
implied warranties of merchantability, fitness for a particular purpose and non-
infringement.
(F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend
only to the software or larger works that you create that run on a Microsoft
Windows operating system product.
Microsoft Limited Public License (Ms-LPL)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution"
have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the
software.
A "contributor" is any person that distributes its contribution under this
license.
"Licensed patents" are a contributor’s patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free copyright license to reproduce its
contribution, prepare derivative works of its contribution, and distribute its
contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free license under its licensed patents to make,
have made, use, sell, offer for sale, import, and/or otherwise dispose of its
contribution in the software or derivative works of the contribution in the
software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any
contributors’ name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you
claim are infringed by the software, your patent license from such contributor
to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in the
software.
(D) If you distribute any portion of the software in source code form, you may
do so only under this license by including a complete copy of this license with
your distribution. If you distribute any portion of the software in compiled or
object code form, you may only do so under a license that complies with this
license.
(E) The software is licensed "as-is." You bear the risk of using it. The
contributors give no express warranties, guarantees or conditions. You may have
additional consumer rights under your local laws which this license cannot
change. To the extent permitted under your local laws, the contributors exclude
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
(F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend
only to the software or derivative works that you create that run on a Microsoft
Windows operating system product.
Microsoft Limited Permissive License (MS-LPL)
Published: October 12, 2006
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution"
have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the
software.
A "contributor" is any person that distributes its contribution under this
license.
"Licensed patents" are a contributor’s patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free copyright license to reproduce its
contribution, prepare derivative works of its contribution, and distribute its
contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free license under its licensed patents to make,
have made, use, sell, offer for sale, import, and/or otherwise dispose of its
contribution in the software or derivative works of the contribution in the
software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any
contributors’ name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you
claim are infringed by the software, your patent license from such contributor
to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in the
software.
(D) If you distribute any portion of the software in source code form, you may
do so only under this license by including a complete copy of this license with
your distribution. If you distribute any portion of the software in compiled or
object code form, you may only do so under a license that complies with this
license.
(E) The software is licensed "as-is." You bear the risk of using it. The
contributors give no express warranties, guarantees or conditions. You may have
additional consumer rights under your local laws which this license cannot
change. To the extent permitted under your local laws, the contributors exclude
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
(F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend
only to the software or derivative works that you create that run on a Microsoft
Windows operating system product.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT MSN WEBGREASE
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. One user may install and use any number of copies of the software on your devices.
b. Third Party Notices. The software may include third party code. Microsoft, not the third party, licenses to you under the terms set forth in this agreement. Notices, if any, for any third party code are included for your information only.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· Redistributable Files. You may copy and distribute the object code form of the following files.
§ WebGrease.dll
§ WG.exe
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add primary functionality to it in your programs;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
· distribute Distributable Code included in a setup program only as part of that setup program without modification;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, les termes de cette licence sont fournis ci-dessous en français.
TERMES DU CONTRAT DE LICENCE D’UN LOGICIEL MICROSOFT
MICROSOFT MSN WEBGREASE
Les présents termes ont valeur de contrat entre Microsoft Corporation (ou en fonction du lieu où vous vivez, l’un de ses affiliés) et vous. Lisez-les attentivement. Ils portent sur le logiciel nommé ci-dessus, y compris le support sur lequel vous l’avez reçu le cas échéant. Ce contrat porte également sur les produits Microsoft suivants :
· les mises à jour,
· les suppléments,
· les services Internet et
· les services d’assistance technique
de ce logiciel à moins que d’autres termes n’accompagnent ces produits, auquel cas, ces derniers prévalent.
En utilisant le logiciel, vous acceptez ces termes. Si vous ne les acceptez pas, n’utilisez pas le logiciel.
Si vous respectez les présentes conditions de licence, vous disposez des droits suivants pour la durée des droits de propriété intellectuelle.
1. INSTALLATION ET DROITS D’UTILISATION.
a. Installation et utilisation. Un utilisateur peut installer et utiliser un nombre quelconque de copies du logiciel sur vos dispositifs.
b. Logiciels tiers. Le logiciel contient des programmes tiers. Les termes qui accompagnent ces programmes s'appliquent, sauf mention contraire dans lesdits termes.
2. SERVICES INTERNET. Microsoft fournit des services Internet avec le logiciel. Ils peuvent être modifiés ou interrompus à tout moment.
3. PORTEE DE LA LICENCE. Le logiciel est concédé sous licence, pas vendu. Ce contrat vous octroie uniquement certains droits d’utilisation du logiciel. Microsoft se réserve tous les autres droits. À moins que la loi en vigueur vous confère davantage de droits nonobstant cette limitation, vous pouvez utiliser le logiciel uniquement tel qu’explicitement autorisé dans le présent accord. À cette fin, vous devez respecter les restrictions techniques du logiciel qui autorisent uniquement son utilisation de certaines façons. Vous n’êtes pas autorisé à :
· contourner les limitations techniques du logiciel ;
· reconstituer la logique du logiciel, le décompiler ou le désassembler, sauf dans la mesure où ces opérations seraient expressément autorisées par la réglementation applicable nonobstant la présente limitation ;
· faire plus de copies du logiciel que spécifié dans ce contrat ou par la réglementation applicable, nonobstant la présente limitation ;
· publier le logiciel pour que d’autres le copient ;
· louer ou prêter le logiciel ; ou
· transférer le logiciel ou le présent contrat à un tiers.
4. COPIE DE SAUVEGARDE. Vous êtes autorisé à effectuer une copie de sauvegarde du logiciel. Vous ne pouvez l’utiliser que dans le but de réinstaller le logiciel.
5. DOCUMENTATION. Tout utilisateur disposant d’un accès valide à votre ordinateur ou à votre réseau interne peut copier et utiliser la documentation à des fins de référence interne.
6. RESTRICTIONS À L’EXPORTATION. Le logiciel est soumis à la réglementation américaine relative à l’exportation. Vous devez vous conformer à toutes les réglementations nationales et internationales relatives aux exportations concernant le logiciel. Ces réglementations comprennent les restrictions sur les destinations, les utilisateurs finaux et l’utilisation finale. Pour plus d’informations, consultez le site www.microsoft.com/exporting.
7. SERVICES D’ASSISTANCE TECHNIQUE. Comme ce logiciel est fourni « en l'état », nous ne fourniront aucun service d’assistance.
8. INTÉGRALITÉ DES ACCORDS. Le présent contrat ainsi que les termes concernant les suppléments, les mises à jour, les services Internet et d’assistance technique constituent l’intégralité des accords en ce qui concerne le logiciel et les services d’assistance technique.
9. DROIT APPLICABLE.
a. États-Unis. Si vous avez acquis le logiciel aux États-Unis, les lois de l’État de Washington, États-Unis d’Amérique, régissent l’interprétation de ce contrat et s’appliquent en cas de réclamation pour violation dudit contrat, nonobstant les conflits de principes juridiques. La réglementation du pays dans lequel vous vivez régit toutes les autres réclamations, notamment, et sans limitation, les réclamations dans le cadre des lois en faveur de la protection des consommateurs, relatives à la concurrence et aux délits.
b. En dehors des États-Unis. Si vous avez acquis le logiciel dans un autre pays, les lois de ce pays s’appliquent.
10. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Vous pourriez également avoir des droits à l’égard de la partie de qui vous avez acquis le logiciel. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre ou pays si celles-ci ne le permettent pas.
11. EXCLUSIONS DE GARANTIE. Le logiciel est concédé sous licence « en l’état ». Vous assumez tous les risques liés à son utilisation. Microsoft n’accorde aucune garantie ou condition expresse. Vous pouvez bénéficier de droits des consommateurs supplémentaires dans le cadre du droit local, que ce contrat ne peut modifier. Lorsque cela est autorisé par le droit local, Microsoft exclut les garanties implicites de qualité, d’adéquation à un usage particulier et d’absence de contrefaçon.
12. LIMITATION ET EXCLUSION DE RECOURS ET DE DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs limitée uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
· toute affaire liée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également même si Microsoft connaissait l'éventualité d'un tel dommage. La limitation ou exclusion ci-dessus peut également ne pas vous être applicable, car votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT .NET FRAMEWORK 4 FOR MICROSOFT WINDOWS OPERATING SYSTEM
MICROSOFT .NET FRAMEWORK 4 CLIENT PROFILE FOR MICROSOFT WINDOWS OPERATING SYSTEM
AND ASSOCIATED LANGUAGE PACKS
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (for which this supplement is applicable) (the "software"), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.
If you comply with these license terms, you have the rights below.
1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx <http://www.support.microsoft.com/common/international.aspx>.
2. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (.NET Components). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at <http://go.microsoft.com/fwlink/?LinkID=66406&clcid=0x409>. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at <http://go.microsoft.com/fwlink/?LinkID=66406&clcid=0x409>.
.NET Framework Deployment
Microsoft .NET Framework Redistributable EULA
IMPORTANT: READ CAREFULLY—These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product ("OS Product") described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OS PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALID EULA FOR ANY "OS PRODUCT" (MICROSOFT WINDOWS 98, WINDOWS ME, WINDOWS NT 4.0 (DESKTOP EDITION), WINDOWS 2000 OPERATING SYSTEM, WINDOWS XP PROFESSIONAL AND/OR WINDOWS XP HOME EDITION), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.
General. The OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product Microsoft grants you a license to use the OS Components under the terms and conditions of the OS Product EULA for the applicable OS Product (which are hereby incorporated by reference) and the terms and conditions set forth in this Supplemental EULA, provided that you comply with all such terms and conditions. To the extent that any terms in this Supplemental EULA conflict with terms in the applicable OS Product EULA, the terms of this Supplemental EULA control solely with respect to the OS Components.
Additional Rights and Limitations.
*If you have multiple validly licensed copies of the applicable OS Product(s), you may reproduce, install and use one copy of the OS Components as part of such applicable OS Product(s) on all of your computers running validly licensed copies of the OS Product(s) provided that you use such additional copies of the OS Components in accordance with the terms and conditions above.
*You may conduct internal benchmark testing of the .NET Framework component of the OS Components (".NET Component"). You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s);
(2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component;
(3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft's support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system;
(4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and
(5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer's application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
*Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are reserved by Microsoft.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE OS COMPONENTS PROVIDED THE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; and Microsoft and its suppliers hereby disclaim with respect to THE os COMPONENTS AND SUPPORT SERVICES all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of OR RELATED TO: TITLE, NON-INFRINGEMENT, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. The entire risk arising out of use or performance of the OS Components AND ANY SUPPORT SERVICES remains with you.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, LOSS OF confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the OS Components OR THE SUPPORT SERVICES, OR the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this Supplemental EULA, even if Microsoft or any supplier has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
(French text omitted)
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT .NET LIBRARY
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply to
the software named above, which includes the media on which you received it, if
any. The terms also apply to any Microsoft
. updates,
. supplements,
. Internet-based services, and
. support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE PERPETUAL RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the
software to design, develop and test your programs.
b. Third Party Programs. The software may include third party programs that
Microsoft, not the third party, licenses to you under this agreement. Notices,
if any, for the third party program are included for your information only.
2. DATA. The software may collect information about you and your use of the
software, and send that to Microsoft. Microsoft may use this information to
improve our products and services. You can learn more about data collection and
use in the help documentation and the privacy statement at
http://go.microsoft.com/fwlink/?LinkId=528096 . Your use of the software
operates as your consent to these practices.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. DISTRIBUTABLE CODE. The software is comprised of Distributable Code.
"Distributable Code" is code that you are permitted to distribute in programs
you develop if you comply with the terms below.
i . Right to Use and Distribute.
. You may copy and distribute the object code form of the software.
. Third Party Distribution. You may permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you
must
. add significant primary functionality to it in your programs;
. require distributors and external end users to agree to terms that protect it
at least as much as this agreement;
. display your valid copyright notice on your programs; and
. indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys' fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
. alter any copyright, trademark or patent notice in the Distributable Code;
. use Microsoft's trademarks in your programs' names or in a way that suggests
your programs come from or are endorsed by Microsoft;
. include Distributable Code in malicious, deceptive or unlawful programs; or
. modify or distribute the source code of any Distributable Code so that any
part of it becomes subject to an Excluded License. An Excluded License is one
that requires, as a condition of use, modification or distribution, that
. the code be disclosed or distributed in source code form; or
. others have the right to modify it.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you
to use it in certain ways. You may not
. work around any technical limitations in the software;
. reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
. publish the software for others to copy;
. rent, lease or lend the software;
. transfer the software or this agreement to any third party; or
. use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference
purposes.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on
destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide
support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington
state law governs the interpretation of this agreement and applies to claims for
breach of it, regardless of conflict of laws principles. The laws of the state
where you live govern all other claims, including claims under state consumer
protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country,
the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does
not change your rights under the laws of your country if the laws of your
country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL
LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR
LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW
AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
. anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; and
. claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the
clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses
dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel
». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d'adéquation à un usage particulier
et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une
indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous
ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris
les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
. tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
. les réclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilité stricte, de négligence ou d'une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s'applique également, même si Microsoft connaissait ou devrait connaître
l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de
quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-
dessus ne s'appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si
celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT .NET LIBRARY
These license terms are an agreement between Microsoft Corporation
(or based on where you live, one of its affiliates) and you.
They apply to the software named above.
The terms also apply to any Microsoft services or updates for the
software, except to the extent those have different terms.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software to design, develop
and test you're applications. You may modify, copy, distribute or deploy any .js
files contained in the software as part of your applications.
2. THIRD PARTY COMPONENTS. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the ThirdPartyNotices file(s) accompanying the software.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. DISTRIBUTABLE CODE. In addition to the .js files described above, the
software is comprised of Distributable Code. “Distributable Code” is code that
you are permitted to distribute in programs you develop if you comply with the
terms below.
i. Right to Use and Distribute.
. You may copy and distribute the object code form of the software.
. Third Party Distribution. You may permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you
must
. use the Distributable Code in your programs and not as a standalone
distribution;
. require distributors and external end users to agree to terms that protect it
at least as much as this agreement;
. display your valid copyright notice on your programs; and
. indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys' fees, related to the distribution or use of your applications, except
to the extent that any claim is based solely on the Distributable Code.
iii. Distribution Restrictions. You may not
. alter any copyright, trademark or patent notice in the Distributable Code;
. use Microsoft's trademarks in your programs' names or in a way that suggests
your programs come from or are endorsed by Microsoft;
. include Distributable Code in malicious, deceptive or unlawful programs; or
. modify or distribute the source code of any Distributable Code so that any
part of it becomes subject to an Excluded License. An Excluded License is one
that requires, as a condition of use, modification or distribution, that
. the code be disclosed or distributed in source code form; or
. others have the right to modify it.
4. DATA.
a. Data Collection. The software may collect information about you and your use
of the software, and send that to Microsoft. Microsoft may use this information
to provide services and improve our products and services. You may opt-out of
many of these scenarios, but not all, as described in the product documentation.
There are also some features in the software that may enable you and Microsoft
to collect data from users of your applications. If you use these features, you
must comply with applicable law, including providing appropriate notices to
users of your applications together with a copy of Microsoft's privacy
statement. Our privacy statement is located at
https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data
collection and use in the help documentation and our privacy statement. Your use
of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or
subprocessor of personal data in connection with the software, Microsoft makes
the commitments in the European Union General Data Protection Regulation Terms
of the Online Services Terms to all customers effective May 25, 2018, at
http://go.microsoft.com/?linkid=9840733.
5. Scope of License. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you
to use it in certain ways. You may not
. work around any technical limitations in the software;
. reverse engineer, decompile or disassemble the software, or otherwise attempt
to derive the source code for the software, except and to the extent required by
third party licensing terms governing use of certain open source components that
may be included in the software;
. remove, minimize, block or modify any notices of Microsoft or its suppliers in
the software;
. use the software in any way that is against the law; or
. share, publish, rent or lease the software, provide the software as a stand-
alone offering for others to use, or transfer the software or this agreement to
any third party.
6. Export Restrictions. You must comply with all domestic and international
export laws and regulations that apply to the software, which include
restrictions on destinations, end users, and end use. For further information on
export restrictions, visit www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide
support services for it.
8. Entire Agreement. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
9. Applicable Law. If you acquired the software in the United States, Washington
law applies to interpretation of and claims for breach of this agreement, and
the laws of the state where you live apply to all other claims. If you acquired
the software in any other country, its laws apply.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving
updates by turning off the automatic update feature, disconnecting your device
from the Internet (if and when you re-connect to the Internet, however, the
software will resume checking for and installing updates), or uninstalling the
software. The product documentation, if any, may also specify how to turn off
updates for your specific device or software.
c) Germany and Austria.
(i) Warranty. The software will perform substantially as described in any
Microsoft materials that accompany it. However, Microsoft gives no contractual
guarantee in relation to the software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as in case of death or
personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence
11. Disclaimer of Warranty. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO
THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
12. Limitation on and Exclusion of Remedies and Damages. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services,
content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other tort to the
extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your state or country may not allow the exclusion or limitation of
incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the
clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses
dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel
». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d'adéquation à un usage particulier
et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une
indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous
ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris
les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
. tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
. les réclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilité stricte, de négligence ou d'une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s'applique également, même si Microsoft connaissait ou devrait connaître
l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de
quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-
dessus ne s'appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si
celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT .NET LIBRARY
These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software to develop and test your applications.
2. THIRD PARTY COMPONENTS. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. DISTRIBUTABLE CODE. The software is comprised of Distributable Code. “Distributable Code” is code that you are permitted to distribute in applications you develop if you comply with the terms below.
i. Right to Use and Distribute.
. You may copy and distribute the object code form of the software.
. Third Party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
. use the Distributable Code in your applications and not as a standalone distribution;
. require distributors and external end users to agree to terms that protect it at least as much as this agreement; and
. indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the unmodified Distributable Code.
iii. Distribution Restrictions. You may not
. use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or
. modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An “Excluded License” is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it.
4. DATA.
a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the software documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and its use from the software documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
5. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
. work around any technical limitations in the software;
. reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
. remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
. use the software in any way that is against the law; or
. share, publish, rent or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
6. Export Restrictions. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. Applicable Law. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
(i) Warranty. The software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence
11. Disclaimer of Warranty. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Limitation on and Exclusion of Remedies and Damages. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT .NET LIBRARY (INSTALL AND USE)
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
. updates,
. supplements,
. Internet-based services, and
. support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE PERPETUAL RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the software to design, develop and test your programs.
b. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
. work around any technical limitations in the software;
. reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
. publish the software for others to copy;
. rent, lease or lend the software;
. transfer the software or this agreement to any third party; or
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
. anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
. tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
. les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT .NET LIBRARY
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. Please read them. They apply to
the software named above, which includes the media on which you received it, if
any. The terms also apply to any Microsoft
. updates,
. supplements,
. Internet - based services, and
. support services
for this software, unless other terms accompany those items. If so, those terms
apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THE SOFTWARE.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE PERPETUAL RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the
software to design, develop and test your programs.
b. Third Party Programs. The software may include third party programs that
Microsoft, not the third party, licenses to you under this agreement. Notices,
if any, for the third party program are included for your information only.
2. ADDITIONAL LICENSING REQUIREMENTS AND / OR USE RIGHTS.
a. DISTRIBUTABLE CODE. The software is comprised of Distributable Code.
"Distributable Code" is code that you are permitted to distribute in programs
you develop if you comply with the terms below.
i. Right to Use and Distribute.
. You may copy and distribute the object code form of the software.
. Third Party Distribution. You may permit distributors of your programs to copy
and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you
must
. add significant primary functionality to it in your programs;
. require distributors and external end users to agree to terms that protect it
at least as much as this agreement;
. display your valid copyright notice on your programs; and
. indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
. alter any copyright, trademark or patent notice in the Distributable Code;
. use Microsoft’s trademarks in your programs’ names or in a way that suggests
your programs come from or are endorsed by Microsoft;
. include Distributable Code in malicious, deceptive or unlawful programs; or
. modify or distribute the source code of any Distributable Code so that any
part of it becomes subject to an Excluded License. An Excluded License is one
that requires, as a condition of use, modification or distribution, that
. the code be disclosed or distributed in source code form; or
. others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you
to use it in certain ways. You may not
. work around any technical limitations in the software;
. reverse engineer, decompile or disassemble the software, except and only to
the extent that applicable law expressly permits, despite this limitation;
. publish the software for others to copy;
. rent, lease or lend the software;
. transfer the software or this agreement to any third party; or
. use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it
only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference
purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on
destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is "as is," we may not provide
support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet - based services and support services that you use, are the entire
agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington
state law governs the interpretation of this agreement and applies to claims for
breach of it, regardless of conflict of laws principles. The laws of the state
where you live govern all other claims, including claims under state consumer
protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country,
the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the software. This agreement does
not change your rights under the laws of your country if the laws of your
country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL
LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR
LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT.
FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW
AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
. anything related to the software, services, content (including code) on third
party Internet sites, or third party programs; and
. claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the
clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses
dans ce contrat sont fournies ci - dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel
». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft
n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits
additionnels en vertu du droit local sur la protection des consommateurs, que ce
contrat ne peut modifier. La ou elles sont permises par le droit locale, les
garanties implicites de qualité marchande, d’adéquation à un usage particulier
et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES - INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une
indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous
ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris
les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
. tout ce qui est relié au logiciel, aux services ou au contenu (y compris le
code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
. les réclamations au titre de violation de contrat ou de garantie, ou au titre
de responsabilité stricte, de négligence ou d’une autre faute dans la limite
autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître
l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la
limitation de responsabilité pour les dommages indirects, accessoires ou de
quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-
dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous
pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent
contrat ne modifie pas les droits que vous confèrent les lois de votre pays si
celles - ci ne le permettent pas.
Microsoft NT Resource Kit License
MICROSOFT WINDOWS NT RESOURCE KIT SUPPORT TOOLS
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). The SOFTWARE also includes any updates and supplements to the original SOFTWARE provided to you by Microsoft. Any software provided along with the SOFTWARE that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
SOFTWARE LICENSE: The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
*Installation and Use. Except as otherwise provided herein, you, as an individual may install and use copies of the SOFTWARE on an unlimited number of computers, including workstations, terminals or other electronic devices ("Computer(s)") provided that you are the only individual using the SOFTWARE. If you are an entity, you may designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above. The SOFTWARE is in "use" on a Computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Computer.
*Client/Server Software. The SOFTWARE may contain one or more components which consist of both the following types of software: "Server Software" that is installed and provides services on a computer acting as a server ("Server"); and "Client Software" that allows a Computer to access or utilize the services provided by the Server Software. If the component of the SOFTWARE consists of both Server Software and Client Software which are used together, you may also install and use copies of such Client Software on Computers within your organization and which are connected to your internal network. Such Computers running this Client Software may be used by more than one individual.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
*Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
*Rental. You may not rent, lease or lend the SOFTWARE.
*Support Services. Microsoft may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the Microsoft polices and programs described in the user manual, in "on line" documentation and/or other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
*Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
3. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Microsoft.
4. BACKUP COPY. After installation of one copy of the SOFTWARE pursuant to this EULA, you may keep the original media on which the SOFTWARE was provided by Microsoft solely for backup or archival purposes. If the original media is required to use the SOFTWARE on the Computer, you may make one copy of the SOFTWARE solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE or the printed materials accompanying the SOFTWARE.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any entity who you know or have reason to know has been prohibited from partcipating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
7. NOTE ON JAVA SUPPORT. THE SOFTWARE MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
MISCELLANEOUS
*If you acquired this SOFTWARE in the United States, this EULA is governed by the laws of the State of Washington. *If you acquired this SOFTWARE in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. In such case, each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
*If this SOFTWARE was acquired outside the United States, then local law may apply.
*Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
NO WARRANTIES. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE or the provision of or failure to provide Support Services, even if Microsoft has been advised of the possibility of such damages. In any case, Microsoft's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE or US$5.00; provided however, if you have entered into a Microsoft Support Services agreement, Microsoft's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
(French text omitted)
MICROSOFT SOFTWARE LICENSE TERMS
NUGET-BASED MICROSOFT PACKAGE MANAGER
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain computer information for Internet-based services.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below connect to external computer systems over the Internet. These features may collect and send information about your computer and/or your project, such as your Internet Protocol address and requested packages ("Computer Information").
· Package Search and Enumeration. This software feature will access a list of packages that are available for download and installation from a package source. If you have specified a package source that resides on an external computer, using this feature will connect and transmit Computer Information to the external computer system over the Internet. By default, a URL under the nuget.org domain is specified as a package source. For more information about this feature, see http://docs.nuget.org/docs/start-here/managing-nuget-packages-using-the-dialog. You may specify only package sources that reside on internal networks or you may refrain from using this feature. By using this feature to access packages hosted on an external source, you consent to the transmission of Computer Information.
· Package Download. This software feature will download any packages that you have selected for installation and will place them into a project folder on your computer. If a package that you have selected for installation depends on additional packages that are not already contained in your project folder, the software will automatically download those additional packages from their respective package sources, some of which may reside on external computer systems. You may specify only package sources that reside on internal networks or you may refrain from using this feature. By using this feature to download packages hosted on an external source, you consent to the transmission of Computer Information.
· Package Restore. This software feature will allow you to add package references to your project. If you attempt to build a project that includes package references, the software will automatically download and install any missing packages from your configured package sources, some of which may reside on external computer systems. For more information about this feature, see http://docs.nuget.org/docs/reference/package-restore. To prevent the software from automatically downloading missing packages during build time, open the Tools > Options dialog from within Visual Studio, select "Package Manager" from the options, and uncheck the "Allow NuGet to download missing packages" checkbox. By leaving this checkbox checked, you consent to the transmission of Computer Information.
· Use of Information by Microsoft. We will treat any Computer Information that we receive from the software in accordance with our Privacy Statement set forth at http://www.microsoft.com/web/webpi/eula/package-manager-for-net-privacy.htm or another web page that we may specify from time to time.
· Use of Information by Third Parties. Computer Information may be sent to third-party external computer systems, as described above. Any information you provide to a third party through your use of the software is governed by their privacy statements and policies. We do not control, and we disclaim any responsibility for, how third-party service providers may use Computer Information.
b. Misuse of Internet-based Services. You may not use these Internet-based Services in any way that could harm them or impair anyone else’s use of them. You may not use these Internet-based Services to try to gain unauthorized access to any service, data, account or network by any means.
3. THIRD-PARTY SOFTWARE. Packages that are downloaded from external package sources are offered and distributed in some cases by third parties and in some cases by Microsoft, but each such package is under its own license terms. Microsoft is not developing, distributing or licensing any third-party packages to you, but instead, as a convenience, enables you to use the software to access or obtain those packages directly from the third-party package providers. By using any of the above features, you acknowledge and agree that:
· you are obtaining any third-party packages from such third parties and under separate license terms applicable to each package (including any terms applicable to software dependencies that may be included in the packages);
· it is your responsibility to locate, understand and comply with all applicable license terms for each such package; and
· this includes your responsibility to follow the package source (feed) URL and to review the packages for embedded notices or license terms.
Microsoft makes no representations, warranties or guarantees as to any package source, including any information or content contained therein, any package source URL, or any packages referenced in or accessed by you through such URLs or package sources. Microsoft grants you no license rights for any third-party software applications or packages that are obtained using the software.
4. THIRD PARTY NOTICES. The software (not including any packages that you obtain using the software) includes third-party code. However, all such code is licensed to you by Microsoft under this license agreement, rather than licensed to you by any third party under some other license terms. Notices, if any, for the third-party code are included with this software for your information only.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
NUGET: BEGIN LICENSE TEXT
Microsoft grants you the right to use these script files for the sole
purpose of either:
(i) interacting through your browser with the Microsoft website or
online service, subject to the applicable licensing or use terms;
or (ii) using the files as included with a Microsoft product subject to
that product's license terms. Microsoft reserves all other rights to the
files not expressly granted by Microsoft, whether by implication,
estoppel or otherwise.
Insofar as a script file is dual licensed under GPL, Microsoft neither
took the code under GPL nor distributes it thereunder but under the
terms set out in this paragraph. All notices and licenses below are for
informational purposes only.
NUGET: END LICENSE TEXT
This license governs use of the accompanying software. If you use the software, you
accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the
same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.
"Excluded Products” are software products or components, or web-based or hosted services, that primarily perform the same general functions as any of the following software applications: Microsoft Office, Word, Excel, PowerPoint, Outlook, OneNote, Publisher, SharePoint, or Access.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend only to the software or derivative works that (1) are run on a Microsoft Windows operating system product, and (2) are not Excluded Products.
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR
MICROSOFT OFFICE SYSTEM PROGRAMS SOFTWARE
PLEASE READ THIS SUPPLEMENTAL END-USER LICENSE AGREEMENT ("SUPPLEMENTAL EULA") CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS SUPPLEMENTAL EULA, YOU AGREE TO THE TERMS OF THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. General
The accompanying Microsoft software includes computer software and may include associated media, printed materials, online or electronic documentation, and Internet-based services (collectively, the "Components"). The Components are provided to update, supplement, or replace existing functionality of the Microsoft Software named above which you previously licensed (the "Software"). Your use of the Components is subject to the terms and conditions of this Supplemental EULA and, as set forth below, the end user license agreement (either from Microsoft or some other entity) under which you have previously licensed the Software (the "Software EULA").
IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF THE SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
2. General Terms and Conditions of Your Use of the Components
2.1 Microsoft grants you a license to the Components equivalent to, and subject to the same conditions, limitations and restrictions as, the license that the Software EULA grants you with respect to the Software, except as set forth below.
2.2 You may reproduce, install and use one copy of the Components on each computer running a validly licensed copy of the Software.
2.3 The Components are protected by copyright and other intellectual property laws and treaties. Microsoft Corporation or its suppliers own the title, copyright, and other intellectual property rights in the Components. All rights not expressly granted to you in this Supplemental EULA are reserved. The Components are licensed, not sold.
2.4 Microsoft also grants you the right to reproduce and distribute the .MSI file created on your computer upon installation of the Component (the "Redistributable File") in object code form only, provided that you comply with the following distribution requirements: (a) you distribute the Redistributable File only in conjunction with, and as a part of, your software program ("Program"); (b) your Program adds significant and primary functionality to the Redistributable File; (c) you do not permit further redistribution of the Redistributable File by your end-user customers; (d) you do not use Microsoft's name, logo, or trademarks to market your Program; (e) you include a valid copyright notice on your Program; and (f) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Program..
2.5 Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the Software EULA.
3. Additional Rights and Limitations
If the Software was licensed to you by Microsoft or any of its wholly owned subsidiaries, the limited warranty (if any) included in the Software EULA applies to the Components provided that the Components have been licensed to you within the term of that limited warranty. However, this Supplemental EULA does not extend the time period for which that limited warranty is provided.
IF THE SOFTWARE WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THEN THE FOLLOWING THREE PARAGRAPHS ALSO APPLY:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE COMPONENTS AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE COMPONENTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE COMPONENTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE COMPONENTS.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE COMPONENTS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE COMPONENTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE COMPONENTS UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Si vous avez acquis votre produit Microsoft au CANADA, le texte suivant vous concerne :
DÉNI DE GARANTIES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, LES COMPOSANTS OS ET LES SERVICES DE SOUTIEN TECHNIQUE (LE CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) LES GARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE, D’ADAPTATION À UNE FIN PARTICULIÈRE, DE FIABILITÉ OU DE DISPONIBILITÉ, D’EXACTITUDE OU D’EXHAUSTIVITÉ DES RÉPONSES, DES RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RÈGLES DE L’ART, D’ABSENCE DE VIRUS ET D’ABSENCE DE NÉGLIGENCE, LE TOUT À L’ÉGARD DU LOGICIEL ET DE LA PRESTATION OU DE L’OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN TECHNIQUE OU À L’ÉGARD DE LA FOURNITURE OU DE L’OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION DU LOGICIEL . PAR AILLEURS, IL N’Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LES COMPOSANTS OS.
EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES ACCESSOIRES, INDIRECTS ET CERTAINS AUTRES TYPES DE DOMMAGES. DANS TOUTE LA MESURE PERMISE PAR LE DROIT APPLICABLE, MICROSOFT OU SES FOURNISSEURS NE POURRONT EN AUCUN CAS ÊTRE TENUS RESPONSABLES DE TOUT DOMMAGE SPÉCIAL, ACCESSOIRE, INCIDENT OU INDIRECT DE QUELQUE NATURE QUE CE SOIT (Y COMPRIS, MAIS NON DE FACON LIMITATIVE, LES PERTES DE BÉNÉFICES, PERTES D'INFORMATIONS CONFIDENTIELLES OU AUTRES INFORMATIONS, INTERRUPTIONS D'ACTIVITÉ, PRÉJUDICES CORPORELS, ATTEINTES À LA VIE PRIVÉE, MANQUEMENT À TOUTE OBLIGATION (NOTAMMENT L'OBLIGATION DE BONNE FOI ET DE DILIGENCE), NÉGLIGENCE, ET POUR TOUTE PERTE PÉCUNIAIRE OU AUTRE DE QUELQUE NATURE QUE CE SOIT), RÉSULTANT DE, OU RELATIFS A, L'UTILISATION OU L'IMPOSSIBILITÉ D'UTILISER LES COMPOSANTS OS OU LES SERVICES D'ASSISTANCE, OU LA FOURNITURE OU LE DÉFAUT DE FOURNITURE DES SERVICES D'ASSISTANCE, OU AUTREMENT EN VERTU DE, OU RELATIVEMENT A, TOUTE DISPOSITION DE CE CLUF SUPPLÉMENTAIRE, MÊME SI LA SOCIÉTÉ MICROSOFT OU UN QUELCONQUE FOURNISSEUR A ÉTÉ PRÉVENU DE L'ÉVENTUALITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. NONOBSTANT TOUT DOMMAGE QUE VOUS POURRIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT TOUS LES DOMMAGES ÉNUMÉRÉS CI-DESSUS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX), L'ENTIÈRE RESPONSABILITÉ DE MICROSOFT ET DE L'UN QUELCONQUE DE SES FOURNISSEURS AU TITRE DE TOUTE STIPULATION DE CE CLUF SUPPLÉMENTAIRE ET VOTRE SEUL RECOURS EN CE QUI CONCERNE TOUS LES DOMMAGES PRÉCITÉS NE SAURAIENT EXCÉDER LE MONTANT QUE VOUS AVEZ EFFECTIVEMENT PAYÉ POUR LES COMPOSANTS OS OU 5 DOLLARS US (US$ 5,00), SELON LE PLUS ÉLEVÉ DES DEUX MONTANTS. LES PRÉSENTES LIMITATIONS ET EXCLUSIONS DEMEURERONT APPLICABLES DANS TOUTE LA MESURE PERMISE PAR LE DROIT APPLICABLE QUAND BIEN MÊME UN QUELCONQUE REMÈDE À UN QUELCONQUE MANQUEMENT NE PRODUIRAIT PAS D'EFFET.
À moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d’Ontario, Canada. Vous consentez à la compétence des tribunaux fédéraux et provinciaux siégeant à Toronto, dans la province d’Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser l’information contenue dans le Logiciel pour contacter la filiale de Microsoft desservant votre pays, ou visitez Microsoft sur le World Wide Web à http://www.microsoft.com.
PIA EULA
Microsoft Opus Patent Terms
11-7-2012
1. Patent Terms.
1.1. Specification License. Subject to all the terms and conditions of this Agreement, I, on behalf of myself and my successors in interest and assigns, hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to my Necessary Decoder Claims for your Specification Implementation.
1.2. Code License. Subject to all the terms and conditions of this Agreement, I, on behalf of myself and my successors in interest and assigns, hereby grant you a non-sublicensable, perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to my Necessary Reference Implementation Claims to make, use, sell, offer for sale, import or distribute a Code Implementation.
1.3. Conditions.
1.3.1. Availability. If you own or control Necessary Claims, the licenses set forth in Section 1 are subject to and will become effective starting on the date that you make a binding public irrevocable commitment to license, on reasonable and non-discriminatory royalty-free licensing terms 1) your Necessary Decoder Claims to all implementers for Specification Implementations, and 2) your Necessary Reference Implementation Claims to all implementers for Code Implementations, where the terms of this Agreement satisfy any reciprocity requirements in your reasonable and non-discriminatory royalty-free licensing terms. The promises set forth in Section 1 will remain in effect so long as you continue to make such claims available for Specification Implementations and Code Implementations under reasonable and non-discriminatory royalty-free licensing terms. In addition, as a condition of the licenses set forth in Section 1, you acknowledge and agree that you have not and will not knowingly take any action for the purpose of circumventing the conditions in this Section 1. Notwithstanding the foregoing, you are not required to make the commitments set forth in this Section 1.3.1 as a result of merely using a Specification Implementation or a Code Implementation as an end-user.
1.3.2. Additional Conditions. This license is directly from me to you and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this license. This license is not an assurance (i) that any of my issued patent claims covers a Specification Implementation or Code Implementation or are enforceable or (ii) that a Specification Implementation or Code Implementation would not infringe intellectual property rights of any third party.
1.4. Termination. All rights, grants, and promises made by me to you under Section 1 are immediately terminated if you or your agent file, maintain, or voluntarily participate in a lawsuit against me or any person or entity asserting that a Specification Implementation infringes Necessary Decoder Claims or a Code Implementation infringes Necessary Reference Implementation Claims, unless that suit was in response to a corresponding suit regarding a Specification Implementation or Code Implementation first brought against you. In addition, all rights, grants, and promises made by me to you under Section 1 are terminated if you, your agent, or successor in interest seek to license Necessary Decoder Claims for Specification Implementations or Necessary Reference Implementations Claims for Code Implementations on a royalty-bearing basis, unless that royalty-bearing licensing activity is in addition to, and not in lieu of, reasonable and non-discriminatory royalty-free licensing terms for Necessary Decoder Claims for Specification Implementations or Necessary Reference Implementation Claims for Code Implementations. This Agreement may also be terminated, including back to the date of non-compliance, because of non-compliance with any other term or condition of this Agreement.
2. Patent License Commitment. On behalf of me and my successors in interest and assigns, I agree to offer alternative reasonable and non-discriminatory royalty-bearing licensing terms 1) to my Necessary Decoder Claims solely for your Specification Implementation and 2) to my Necessary Reference Implementations Claims solely for your Code Implementation.
3. Past Skype Declarations. You may, at your option, continue to rely on the terms set forth in Skype’s past declarations made to the IETF for the Opus Audio Codec, subject to the terms of those declarations and in lieu of the terms of this Agreement solely for the patents set forth in those declarations.
4. Good Faith Obligations. I agree that I have not and will not knowingly take any action for the purpose of circumventing my obligations under this Agreement. In addition, I will not 1) seek an injunction or exclusion order against a) Code Implementations for Necessary Reference Implementation Claims or b) Specification Implementations for Necessary Decoder Claims or 2) require that an implementer license its patents back to me, except for Necessary Reference Implementation Claims for Code Implementations and Necessary Decoder Claims for Specification Implementations. I will not transfer Necessary Reference Implementation Claims or Necessary Decoder Claims unless the transferee is subject to these obligations.
5. Disclaimers. I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification or Reference Implementation. The entire risk as to implementing or otherwise using the Specification, Specification Implementation, or Code Implementation is assumed by the implementer and user. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this Agreement requires me to undertake a patent search.
6. Definitions.
6.1. Agreement. “Agreement” means this document, which sets forth the rights, grants, limitations, conditions, obligations, and disclaimers made available for the particular Specification.
6.2. Code Implementation. “Code Implementation” means making, using, selling, offering for sale, importing or distributing 1) the Reference Implementation, or 2) an implementation that, in the case of an encoder, produces a bitstream that can be decoded by a Specification Implementation solely to the extent it produces such a bitstream, and, in the case of decoder, is a Specification Implementation, where that Specification Implementation may also infringe Necessary Reference Implementation Claims.
6.3. Control. “Control” means direct or indirect control of more than 50% of the voting power to elect directors of that corporation, or for any other entity, the power to direct management of such entity.
6.4. I, Me, or My. “I,” “me,” or “my” refers to the party making this declaration, and any entity that I Control.
6.5. Necessary Claims. “Necessary Claims” means Necessary Decoder Claims and Necessary Reference Implementation Claims.
6.6. Necessary Decoder Claims. “Necessary Decoder Claims” are those patent claims that a party owns or controls, including those claims acquired after the date of this declaration, that are necessarily infringed by an implementation of the required portions (including the required elements of optional portions) of the decoder Specification that are described in detail and not merely referenced in the Specification.
6.7. Necessary Reference Implementation Claims. “Necessary Reference Implementation Claims” are those patent claims that a party owns or controls, including those claims acquired after the date of this declaration, that are necessarily infringed by the Reference Implementation. Necessary Reference Implementation Claims do not include claims that would be infringed only as a consequence of further modification of the Reference Implementation.
6.8. Reference Implementation. “Reference Implementation” means the implementation of the Opus encoder and/or decoder code extracted from Appendix A of the Specification.
6.9. Specification. “Specification” means IETF RFC 6716 dated September 2012.
6.10. Specification Implementation. “Specification Implementation” means making, using, selling, offering for sale, importing or distributing any conformant implementation of the decoder set forth in the Specification 1) only to the extent it implements the Specification and 2) so long as all required portions of the Specification are implemented. Specification Implementation also includes any implementation of a decoder included in subsequent versions of RFC 6716 1) only to the extent that it implements the decoder Specification, and 2) so long as all required portions of the decoder Specification are implemented.
6.11. You or Your. “You,” “you,” or “your” means any person or entity who exercises patent rights granted under this Agreement, and any person or entity you Control.
Microsoft Patent Promise for Mono
Microsoft Corporation and its affiliates (“Microsoft”) promise not to
assert any Applicable Patents against you for making, using, selling,
offering for sale, importing, or distributing Mono.
If you file, maintain, or voluntarily participate in any claim in a
lawsuit alleging direct or contributory patent infringement by Mono,
or inducement of patent infringement by Mono, then your rights under
this promise will automatically terminate.
This promise is not an assurance that (i) any Applicable Patents are
valid or enforceable or (ii) Mono does not infringe patents or other
intellectual property rights of any third party. No rights except
those expressly stated in this promise are granted, waived or received
by Microsoft, whether by implication, exhaustion, estoppel or
otherwise. This is a personal promise directly from Microsoft to you,
and you agree as a condition of benefitting from it that no Microsoft
rights are received from suppliers, distributors, or otherwise in
connection with this promise.
Definitions:
“Mono” means those portions of the software development technology, as
originally distributed by Xamarin, Inc. or the .NET Foundation under
the name “Mono,” that implement .NET Framework Functionality, provided
that such portions at a minimum implement all of the required parts of
the mandatory provisions of Standard ECMA-335 – Common Language
Infrastructure (CLI).
“.NET Framework Functionality” means any functionality in Microsoft’s
.NET Framework as described in Microsoft’s API documentation on
Microsoft’s MSDN website, including the functionality in
Windowsbase.dll, but excluding all other functionality in the Windows
Presentation Foundation component of .NET Framework.
“Applicable Patents” are those patent claims, currently owned by
Microsoft and acquired in the future, that are necessarily infringed
by Mono. For clarity, Applicable Patents do not include any patent
claims that are infringed (x) by any underlying or enabling technology
that may be used, combined, or distributed in connection with Mono
(such as hardware, operating systems, or applications that run on
Mono), (y) only as a consequence of modification of Mono, or (z) only
by the combination of Mono with third party code.
Microsoft Patent Promise for .NET Libraries and Runtime Components
Microsoft Corporation and its affiliates ("Microsoft") promise not to assert
any .NET Patents against you for making, using, selling, offering for sale,
importing, or distributing Covered Code, as part of either a .NET Runtime or
as part of any application designed to run on a .NET Runtime.
If you file, maintain, or voluntarily participate in any claim in a lawsuit
alleging direct or contributory patent infringement by any Covered Code, or
inducement of patent infringement by any Covered Code, then your rights under
this promise will automatically terminate.
This promise is not an assurance that (i) any .NET Patents are valid or
enforceable, or (ii) Covered Code does not infringe patents or other
intellectual property rights of any third party. No rights except those
expressly stated in this promise are granted, waived, or received by
Microsoft, whether by implication, exhaustion, estoppel, or otherwise.
This is a personal promise directly from Microsoft to you, and you agree as a
condition of benefiting from it that no Microsoft rights are received from
suppliers, distributors, or otherwise from any other person in connection with
this promise.
Definitions:
"Covered Code" means those Microsoft .NET libraries and runtime components as
made available by Microsoft at https://github.com/dotnet/coreclr,
https://github.com/dotnet/corefx and https://github.com/dotnet/corert.
".NET Patents" are those patent claims, both currently owned by Microsoft and
acquired in the future, that are necessarily infringed by Covered Code. .NET
Patents do not include any patent claims that are infringed by any Enabling
Technology, that are infringed only as a consequence of modification of
Covered Code, or that are infringed only by the combination of Covered Code
with third party code.
".NET Runtime" means any compliant implementation in software of (a) all of
the required parts of the mandatory provisions of Standard ECMA-335 – Common
Language Infrastructure (CLI); and (b) if implemented, any additional
functionality in Microsoft's .NET Framework, as described in Microsoft's API
documentation on its MSDN website. For example, .NET Runtimes include
Microsoft's .NET Framework and those portions of the Mono Project compliant
with (a) and (b).
"Enabling Technology" means underlying or enabling technology that may be
used, combined, or distributed in connection with Microsoft's .NET Framework
or other .NET Runtimes, such as hardware, operating systems, and applications
that run on .NET Framework or other .NET Runtimes.
Microsoft Permissive License (Ms-PL) v1.1
Microsoft Permissive License (Ms-PL)
This license governs use of the accompanying software. If you use the software,
you accept this license. If you do not accept the license, do not use the
software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution"
have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the
software.
A "contributor" is any person that distributes its contribution under this
license.
"Licensed patents" are a contributor's patent claims that read directly on its
contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free copyright license to reproduce its
contribution, prepare derivative works of its contribution, and distribute its
contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free license under its licensed patents to make,
have made, use, sell, offer for sale, import, and/or otherwise dispose of its
contribution in the software or derivative works of the contribution in the
software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any
contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you
claim are infringed by the software, your patent license from such contributor
to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in the
software.
(D) If you distribute any portion of the software in source code form, you may
do so only under this license by including a complete copy of this license with
your distribution. If you distribute any portion of the software in compiled or
object code form, you may only do so under a license that complies with this
license.
(E) The software is licensed "as-is." You bear the risk of using it. The
contributors give no express warranties, guarantees or conditions. You may have
additional consumer rights under your local laws which this license cannot
change. To the extent permitted under your local laws, the contributors exclude
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
Microsoft Public License (Ms-PL)
This license governs use of the accompanying software. If you use the software,
you accept this license. If you do not accept the license, do not use the
software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution"
have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the
software.
A "contributor" is any person that distributes its contribution under this
license.
"Licensed patents" are a contributor's patent claims that read directly on its
contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free copyright license to reproduce its
contribution, prepare derivative works of its contribution, and distribute its
contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license
conditions and limitations in section 3, each contributor grants you a non-
exclusive, worldwide, royalty-free license under its licensed patents to make,
have made, use, sell, offer for sale, import, and/or otherwise dispose of its
contribution in the software or derivative works of the contribution in the
software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any
contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you
claim are infringed by the software, your patent license from such contributor
to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in the
software.
(D) If you distribute any portion of the software in source code form, you may
do so only under this license by including a complete copy of this license with
your distribution. If you distribute any portion of the software in compiled or
object code form, you may only do so under a license that complies with this
license.
(E) The software is licensed "as-is." You bear the risk of using it. The
contributors give no express warranties, guarantees, or conditions. You may have
additional consumer rights under your local laws which this license cannot
change. To the extent permitted under your local laws, the contributors exclude
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
Microsoft Platform SDK License
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
MICROSOFT PLATFORM SOFTWARE DEVELOPMENT KIT
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
1.1 General License Grant. Microsoft grants you a limited, nonexclusive license to use the Software, and to make and use copies of the Software, for the purposes of designing, developing and testing your software applications for use with any version or edition of a Microsoft Windows operating system for personal computers or servers ("Microsoft Operating System Product").
1.2 Sharepoint Portal Server SDK. The Software contains the SharePoint Portal Server Software Development Kit ("SPSSDK"). In addition to the license granted in Section 1.1, Microsoft grants you a limited, nonexclusive license to modify the sample source code located in the SPSSDK solely to design, develop, and test your application internally within your organization. Your entire license under this EULA with respect to the SPSSDK is conditioned on your not using the SPSSDK to create software that is incompatible with file formats indexed by Microsoft SharePoint Portal Server 2001.
2. ADDITIONAL LICENSE RIGHTS—REDISTRIBUTABLE COMPONENTS
2.1 Source Code. "Source Code" means source code that is located in any directory or sub-directory named "samples" in the Software or that is otherwise identified as sample code in the Software, other than source code included in the SPSSDK, or is identified as Microsoft Foundation Class Libraries ("MFC"), Template Libraries ("ATL"), and C runtimes (CRTs). Microsoft grants you a limited, nonexclusive license (a) to use and modify any Source Code to design, develop, and test your software applications; and (b) to make and distribute copies of the Source Code and your modifications, subject to your compliance with Section 3.
2.2 Redistributable Code. All portions of the Software that are listed in the text file \License\Redist.txt collectively constitute "Redistributable Code." Microsoft grants you a limited, nonexclusive license to reproduce and distribute Redistributable Code in object code form only, subject to your compliance with Section 3.
3. DISTRIBUTION REQUIREMENTS AND LICENSE LIMITATIONS
3.1 Your licenses under Section 2 to distribute Source Code, any modifications you make to the Source Code under Section 2.1, and Redistributable Code (collectively, "Redistributables") are conditioned on the following: (a) you will distribute Redistributables only in object code form and in conjunction with and as a part of a software application developed by you that adds significant and primary functionality to the Redistributables ("Application");
(b) the Redistributables will operate only in conjunction with a Microsoft Operating System Product;
(c) your Application will invoke the Software only via interfaces described in the documentation accompanying the Software;
(d) you will distribute your Application containing the Redistributables only pursuant to an end-user license agreement (which may be break-the-seal, click- wrap or signed) with terms no less protective than those contained in this EULA;
(e) you will not use Microsoft’s name, logo, or trademarks to market your Application;
(f) you will include a valid copyright notice on your Application sufficient to protect Microsoft’s copyright in the Software;
(g) you will not remove or obscure any copyright, trademark or patent notices that appear on or in the Software as delivered to you;
(h) you will indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys’ and experts’ fees, that arise or result from the use or distribution of your Application; and
(i) you will otherwise comply with the terms of this EULA. You may not permit further distribution of Redistributables by your end users except that you may permit further redistribution of Redistributables by your distributors to end users if your distributors only distribute the Redistributables in conjunction with and as part of your Application or Applications, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you.
3.2 Renaming MFC, ATL or CRTs. You must rename all files containing MFC, ATL or CRTs prior to distributing them or any modifications to them.
3.3 Linking .lib Files. For any Redistributable Code having a filename extension of .lib, you may distribute only the results of running such Redistributable Code through a linker with your application.
3.4 Notice for Windows Media Technologies. In each Application in which you include any Redistributables from the Windows Media Player SDK, Windows Media Services SDK, Windows Media Encoder SDK, or Windows Media Software Development Kit (including but not limited to, the Windows Media Format SDK) portions of the Software, you must include in your Application’s Help-About box (or if there is no such box, then in another location that end users will easily discover), a copyright notice stating the following: "Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2002 Microsoft Corporation. All Rights Reserved."
3.5 No Alteration to Setup Programs. If any Redistributables in the Software as delivered to you are contained in a separate setup program, then you may only
distribute those Redistributables as part of that setup program, without alteration to that setup program or removal of any of its components.
3.6 Prerelease Code. The Software may contain prerelease code that might not operate correctly, is not at the level of performance and compatibility of the final, generally available product offering, and might be substantially modified prior to shipment of that offering. Microsoft is not obligated to make this or any later version of the Software commercially available. Your license under Section 2 to distribute any Redistributables identified in the documentation as prerelease, alpha, beta or release candidate code or under a similar designation indicating code that is not intended for commercial distribution (collectively, "Prerelease Code") is conditioned upon your marking the version of your Application containing the Prerelease Code as "BETA," "PRE-RELEASE" or other reasonable designation of similar import. Your license under this Section 3.3 terminates upon Microsoft’s publicly announced commencement of the commercial availability of the Microsoft Operating System Product for which your Application is developed.
3.7 Identified Software. If you use the Redistributables, then in addition to your compliance with the applicable distribution requirements described for the Redistributables, the following also applies. Your license rights to Redistributables are conditioned on your (a) not incorporating Identified Software into or combining Identified Software with the Redistributables; (b) not distributing Identified Software in conjunction with the Redistributables; and (c) not using Identified Software in the development of a derivative work of Source Code. "Identified Software" means software that is licensed pursuant to terms that directly or indirectly create, or purport to create, obligations for Microsoft with respect to the Redistributables or grant, or purport to grant, to any third party any rights or immunities under Microsoft’s intellectual property or proprietary rights in the Redistributables. Identified Software includes, without limitation, any software that requires as a condition of its use, modification and/or distribution that any other software incorporated into, derived from or distributed with such software must also be disclosed or distributed in source code form, licensed for the purpose of making derivative works, or redistributable at no charge.
4. COMPONENT EULAS. As a kit of development tools and other Microsoft software programs (each such tool or software program, a "Component"), the Software may contain one or more Components for which a separate end-user license agreement (a "Component EULA") may appear upon installation of the applicable Component. In the event of inconsistencies between this EULA and any Component EULA, the terms of the Component EULA will control as to the applicable Component.
5. RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed, not sold. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. NO RENTAL OR COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
8. CONSENT TO USE OF DATA.You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
9. LINKS TO THIRD-PARTY SITES. You may link to third-party sites through the use of the Software. The third-party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. Microsoft is not responsible for web-casting or any other form of transmission received from any third- party sites. Microsoft is providing these links to third-party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third-party site.
10. ADDITIONAL SOFTWARE OR SERVICES. This EULA applies to updates, supplements, add-on components or Internet-based services components of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless Microsoft provides other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
11. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see <http://www.microsoft.com/exporting/>.
12. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
13. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the Software and all of its component parts.
14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 14, 15 AND 16) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
17. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
18. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Microsoft relating to the Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This license applies to the Visual Studio Code Remote Development Extensions.
MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO CODE REMOTE DEVELOPMENT EXTENSIONS
These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the pre-release software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have additional terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. General. You may use a copy of the software with each validly licensed copy of Microsoft Visual Studio Code. You may not use the software if you do not have a license for Microsoft Visual Studio Code. You may copy and install files from the software onto your application development devices, including physical devices and virtual machines or containers on those machines, which are (i) owned by you and located on-premises or hosted on your own private cloud or data center, or (ii) remote devices, virtual machines, or containers which are dedicated solely to your use and hosted for you on Microsoft Azure or by other cloud hosting providers (collectively, “Development Devices”). You and others in your organization may use these files on your Development Devices solely to develop and test applications. For clarity, “applications” means applications developed by you and others in your organization who are each licensed to use Microsoft Visual Studio Code.
b. Demo Use. The uses permitted above include use of the software in demonstrating your applications.
c. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
d. Extensions. The software gives you the option to download other Microsoft and third party software packages from our extension marketplace or package managers. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages. By accessing or using our extension marketplace, you agree to the extension marketplace terms located at https://aka.ms/vsmarketplace-ToU.
2. PRE-RELEASE SOFTWARE. The software is a pre-release version. It may not work the way a final version of the software will. Microsoft may change it for the final, commercial version. We also may not release a commercial version. Microsoft is not obligated to provide maintenance, technical support or updates to you for the software.
3. ONLINE SERVICES IN THE SOFTWARE. Some features of the software make use of online services to provide you with updates to the software or extensions, to download or install additional software to enable use of this software, or to enable you to retrieve content, collaborate with others, or otherwise supplement your development. As used throughout this agreement, the term “software” includes these online service features.
4. DATA.
a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation located at https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-telemetry-reporting. There may also be some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://go.microsoft.com/?linkid=9840733.
5. UPDATES. The software may periodically check for updates and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
6. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For example, if Microsoft technically limits or disables extensibility for the software, you may not extend the software by, among other things, loading or injecting into the software any non-Microsoft add-ins, macros, or packages; modifying the software registry settings; or adding features or functionality equivalent to that found in other Visual Studio products. You may not:
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included with the software;
* remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
* use the software in any way that is against the law;
* host, share, publish, rent or lease the software; or
* provide the software as a stand-alone or integrated offering or combine it with any of your applications for others to use.
8. SUPPORT SERVICES. Because the software is “as is,” we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users and end use. For further information on export restrictions, visit (aka.ms/exporting).
11. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
12. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired the software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As the software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
* tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
* les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT PROGRAM SYNTHESIS USING EXAMPLES
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and use any number of copies of the software on your devices to design, develop and test your non-commercial programs. Whether a program is non-commercial is determined by the program’s purpose and function, not by whether a fee is charged for the program. Examples of “non-commercial programs” are programs written for the purposes of teaching, academic research, public demonstrations and personal experimentation.
b) Third Party Software. The software may include third party applications that Microsoft, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only.
2. DATA COLLECTION. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent permitted by licensing terms governing the use of open-source components that may be included with the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
4. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit http://aka.ms/exporting.
5. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
6. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
7. PUBLICATION.
a) You may publish (or present papers or articles) on your results from using the software provided that no material or substantial portion of the software is included in any such publication or presentation.
b) You will provide Microsoft with a copy of any proposed publication (this includes, without limitation, manuscripts, abstracts, presentations for professional meetings, and other publications) concerning the software, at least thirty (30) days prior to submission for publication. Microsoft will have 30 days (the "Pre-publication Review Period") to review the proposed publication. At Microsoft’s request, the proposed publication may be delayed for up to 3 months beyond the end of the Pre-publication Review Period. If Microsoft seeks to delay publication, Microsoft will make such request in writing together with identification of information or materials of concern and reasons why delay is warranted. You will not unreasonably deny, condition, or delay responding to this request.
8. LICENSE TO MICROSOFT. In the event you provide Microsoft with feedback about the software, or modification or derivatives of the software, you hereby grant Microsoft, without any restrictions or limitations, a non-exclusive, perpetual, irrevocable, royalty-free, assignable and sub-licensable license, to reproduce, publicly perform or display, install, use, modify, post, distribute, make and have made, sell and transfer such feedback, modifications and derivatives in any way and for any purpose, even if such materials are marked or otherwise designated by you as confidential. These rights survive this agreement.
9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT PYLANCE EXTENSION FOR VISUAL STUDIO CODE
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
INSTALLATION AND USE RIGHTS.
a) General. You may install and use any number of copies of the software only with Microsoft Visual Studio, Visual Studio for Mac, Visual Studio Code, Azure DevOps, Team Foundation Server, and successor Microsoft products and services (collectively, the “Visual Studio Products and Services”) to develop and test your applications.
b) Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. For clarification Microsoft, or its licensors, retains ownership of all aspects of the software. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For example, if Microsoft technically limits or disables extensibility for the software, you may not extend the software by, among other things, loading or injecting into the software any non-Microsoft add-ins, macros, or packages; modifying the software registry settings; or adding features or functionality equivalent to that found in Microsoft products and services.
You may not:
a) work around any technical limitations in the software that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute, or lease the software (except for any distributable code, subject to the terms above), provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
DATA.
a) Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit https://aka.ms/exporting.
SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria. i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software. ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne: • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Reactive Extensions Eula
To download the file you must agree to the following license:
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT REACTIVE EXTENSIONS FOR JAVASCRIPT AND .NET LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices to design, develop and test your programs.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
Distributable Code.The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
Right to Use and Distribute. The code and text files listed in the software REDIST.TXT files are "Distributable Code."
REDIST.TXT Files. You may copy and distribute the object code form of the Distributable Code. You may also combine the object code form of the Distributable Code with your programs to develop a unified web solution and permit others via online methods to access and use that unified web solution, provided that the Distributable Code is only used as part of and in conjunction with your programs.
Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
Distributable Code Requirements. For any Distributable Code, you must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
Distributable Code Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
transfer the software or this agreement to any third party.
BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
APPLICABLE LAW.
United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States. If you acquired the software in any other country, the laws of that country apply.
LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction" and "distribution" have the same meaning here as under U.S. copyright law.
"You" means the licensee of the software.
"Your company" means the company you worked for when you downloaded the software.
"Reference use" means use of the software within your company as a reference, in read only form, for the sole purposes of debugging your products, maintaining your products, or enhancing the interoperability of your products with the software, and specifically excludes the right to distribute the software outside of your company.
"Licensed patents" means any Licensor patent claims which read directly on the software as distributed by the Licensor under this license.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, the Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free copyright license to reproduce the software for reference use.
(B) Patent Grant- Subject to the terms of this license, the Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free patent license under licensed patents for reference use.
3. Limitations
(A) No Trademark License- This license does not grant you any rights to use the Licensor's name,
logo, or trademarks.
(B) If you begin patent litigation against the Licensor over patents that you think may apply to the software (including a cross-claim or counterclaim in a lawsuit), your license to the software ends automatically.
(C) The software is licensed "as-is." You bear the risk of using it. The Licensor gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the Licensor excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Microsoft Remote NDIS USB Kit EULA
MICROSOFT REMOTE NDIS USB KIT
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and Microsoft
Corporation for the Microsoft software that accompanies this EULA, which includes
computer software and may include associated media, printed materials, "online" or
electronic documentation, and Internet-based services ("Software"). An amendment or
addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR
USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF
APPLICABLE) FOR A FULL REFUND.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you
comply with all terms and conditions of this EULA: a nonexclusive, worldwide, royalty
free right and license to use an unlimited number of copies of the Software on
computers, including workstations, terminals, or other devices and redistribute the
Software in object code only provided that each copy is a true and complete copy of the
Software including the license.txt file.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the
rights granted in Section 1, certain portions of the Software, as described in this Section
2, are provided to you with additional license rights. These additional license rights are
conditioned upon your compliance with the distribution requirements and license
restrictions described in Section 3.
2.1 Redistributable Code--General. Microsoft grants you a nonexclusive, royalty-free
right to reproduce and distribute the object code form of any portion of the Software
listed in REDIST.TXT ("Redistributable Code"). For general redistribution requirements
for Redistributable Code, see Section 3.1, below.
3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to
exercise your rights under Section 2, any redistribution by you is subject to your
compliance with the following terms.
3.1 If you are authorized and choose to redistribute Redistributable Code as described
in Section 2, you agree: (i) to distribute the Software only in object code form and only
in conjunction with and as a part of your hardware products ("Licensee Product") which
are designed to operate in conjunction with Microsoft Windows 2000 operating systems;
(ii) to distribute the Licensee Product containing the Redistributable Code pursuant to
an end user license agreement (which may be "break-the-seal", "click-wrap" or signed),
with terms no less protective than those contained in this EULA; (iii) not to use
Microsoft's name, logo, or trademarks to market the Licensee Product; (iv) to display
your own valid copyright notice which shall be sufficient to protect Microsoft's copyright
in the Software; (v) not to remove or obscure any copyright, trademark or patent notices
that appear on the Software as delivered to you; (vi) to indemnify, hold harmless, and
defend Microsoft from and against any claims or lawsuits, including attorney's fees, that
arise or result from the use or distribution of the Licensee Product; (vii) otherwise
comply with the terms of this EULA; and (viii) agree that Microsoft reserves all rights not
expressly granted.
You also agree not to permit further distribution of the Redistributable Code by your end
users except you may permit further redistribution of the Redistributable Code by your
distributors to your end-user customers if your distributors only distribute the
Redistributable Code in conjunction with, and as part of, the Licensee Product and you
and your distributors comply with all other terms of this EULA.
3.2 If you use the Redistributable Code, then in addition to your compliance with the
applicable distribution requirements described for the Redistributable Code, the
following also applies. Your license rights to the Redistributable Code are conditioned
upon your not (i) creating derivative works of the Redistributable Code in any manner
that would cause the Redistributable Code in whole or in part to become subject to any
of the terms of an Excluded License; or (ii) distributing the Redistributable Code (or
derivative works thereof) in any manner that would cause the Redistributable Code to
become subject to any of the terms of an Excluded License. An "Excluded License" is
any license that requires as a condition of use, modification and/or distribution of
software subject to the Excluded License, that such software or other software
combined and/or distributed with such software be (x) disclosed or distributed in source
code form; (y) licensed for the purpose of making derivative works; or (z) redistributable
at no charge.
4. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright and other
intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright,
and other intellectual property rights in the Software. The Software is licensed, not
sold.
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the
Software, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
6. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
7. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may
collect and use technical information gathered as part of the product support services
provided to you, if any, related to the Software. Microsoft may use this information solely
to improve our products or to provide customized services or technologies to you and
will not disclose this information in a form that personally identifies you.
8. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use
of the Software. The third party sites are not under the control of Microsoft, and
Microsoft is not responsible for the contents of any third party sites, any links contained
in third party sites, or any changes or updates to third party sites. Microsoft is not
responsible for webcasting or any other form of transmission received from any third
party sites. Microsoft is providing these links to third party sites to you only as a
convenience, and the inclusion of any link does not imply an endorsement by Microsoft
of the third party site.
9. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services components, of the
Software that Microsoft may provide to you or make available to you after the date you
obtain your initial copy of the Software, unless we provide other terms along with the
update, supplement, add-on component, or Internet-based services component.
Microsoft reserves the right to discontinue any Internet-based services provided to you
or made available to you through the use of the Software.
10. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is provided
with the commercial license rights and restrictions described elsewhere herein. All
Software provided to the U.S. Government pursuant to solicitations issued prior to
December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
11. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S.
export jurisdiction. You agree to comply with all applicable international and national
laws that apply to the Software, including the U.S. Export Administration Regulations, as
well as end-user, end-use, and destination restrictions issued by U.S. and other
governments. For additional information see http://www.microsoft.com/exporting/.
12. SOFTWARE TRANSFER. The initial user of the Software may make a one-time
permanent transfer of this EULA and Software to another end user, provided the initial
user retains no copies of the Software. The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer, the end user receiving the Software must
agree to all the EULA terms.
13. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the Software and all of its component parts.
14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE,
AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND
MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT,
OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS
TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE
SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE
TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE,
FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT
OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION
WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER,
AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
16. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY
DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND
ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE
ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY
PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL
BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN
REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE.
17. APPLICABLE LAW. If you acquired this Software in the United States, this EULA
is governed by the laws of the State of Washington. If you acquired this Software in
Canada, unless expressly prohibited by local law, this EULA is governed by the laws in
force in the Province of Ontario, Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway,
or Switzerland, then local law applies. If you acquired this Software in any other country,
then local law may apply.
18. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) are the entire agreement
between you and Microsoft relating to the Software and the support services (if any) and
they supersede all prior or contemporaneous oral or written communications, proposals
and representations with respect to the Software or any other subject matter covered by
this EULA. To the extent the terms of any Microsoft policies or programs for support
services conflict with the terms of this EULA, the terms of this EULA shall control. If any
provision of this EULA is held to be void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.
MICROSOFT RESEARCH LICENSE TERMS
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED
STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION
BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They
apply to the source code, object code, and/or data collectively “The Materials” that accompany this license. IF
YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE MATERIALS,
YOU ACCEPT THESE TERMS.
1) INSTALLATION AND USE RIGHTS TO THE MATERIALS.
Subject to the terms of this agreement, you have the below rights, if applicable, to use The Materials solely for
non-commercial, non-revenue generating, research purposes:
a) Source Code. If source code is included, you may use and modify the source code, but you may not
distribute the source code.
b) Object Code. If object code is included, you may use the object code, but you may not distribute the
object code.
c) Data. If Data is included, you may use and modify the data, but you may not distribute the data.
2) SCOPE OF LICENSE. The Materials are licensed, not sold. Microsoft reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in The Materials that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble The Materials;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in The Materials;
d) use The Materials in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute or lend The Materials, provide The Materials as a stand-alone hosted solution
for others to use, or transfer The Materials or this agreement to any third party.
3) LICENSE TO MICROSOFT. Notwithstanding the limitations in Section 1 (a), (b), and (c), you may
distribute your modifications back to Microsoft, and if you do provide Microsoft with modifications of The
Materials, you hereby grant Microsoft, without any restrictions or limitations, a non-exclusive, perpetual,
irrevocable, royalty-free, assignable and sub-licensable license, to reproduce, publicly perform or display,
install, use, modify, post, distribute, make and have made, sell and transfer such modifications and
derivatives for any purpose.
4) PUBLICATION. You may publish (or present papers or articles) on your results from using The Materials
provided that no material or substantial portion of The Materials is included in any such publication or
presentation.
5) FEEDBACK. Any feedback about The Materials provided by you to us is voluntarily given, and Microsoft
shall be free to use the feedback as it sees fit without obligation or restriction of any kind, even if the
feedback is designated by you as confidential. Such feedback shall be considered a contribution and
licensed to Microsoft under the terms of Section 3 above.
6) PERSONAL DATA. Personal data is any information relating to an identified or identifiable natural person.
Microsoft will undertake to ensure that the Materials contain no personal data. If, despite Microsoft’s
efforts in this regard, you identify personal data in the Materials, you agree not to use such personal data
for any purpose, to delete all copies of such personal data in your possession promptly, and to inform
Microsoft promptly of the foregoing so that it can remove such personal data from future transmissions of
the Materials.
7) EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and
regulations that apply to The Materials, which include restrictions on destinations, end users, and end use.
For further information on export restrictions, visit (aka.ms/exporting).
8) SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for
The Materials. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
9) BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if
a business, your principal place of business is in) the United States. If you and Microsoft have a
dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you
and Microsoft agree to binding individual arbitration before the American Arbitration Association
under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead,
a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-
general actions, and any other proceeding where someone acts in a representative capacity are not
allowed; nor is combining individual proceedings without the consent of all parties. The complete
Arbitration Agreement contains more terms and is at aka.ms/arb-agreement-1. You and Microsoft agree to
these terms.
10) ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements,
updates, or third-party applications, is the entire agreement for The Materials.
11) APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired The Materials in the United
States or Canada, the laws of the state or province where you live (or, if a business, where your principal
place of business is located) govern the interpretation of this agreement, claims for its breach, and all
other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of
laws principles, except that the FAA governs everything related to arbitration. If you acquired The
Materials in any other country, its laws apply, except that the FAA governs everything related to
arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue
in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If
not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County,
Washington for all disputes heard in court (excluding arbitration).
12) CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You
may have other rights, including consumer rights, under the laws of your state, province, or country.
Separate and apart from your relationship with Microsoft, you may also have rights with respect to the
party from which you acquired The Materials. This agreement does not change those other rights if the
laws of your state, province, or country do not permit it to do so. For example, if you acquired The
Materials in one of the below regions, or mandatory country law applies, then the following provisions
apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this
agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the
automatic update feature, disconnecting your device from the Internet (if and when you re-connect to
the Internet, however, The Materials will resume checking for and installing updates), or uninstalling
The Materials. The product documentation, if any, may also specify how to turn off updates for your
specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any
Microsoft materials that accompany The Materials. However, Microsoft gives no contractual guarantee
in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on
the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable
according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in
breach of such material contractual obligations, the fulfillment of which facilitate the due performance
of this agreement, the breach of which would endanger the purpose of this agreement and the
compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases
of slight negligence, Microsoft will not be liable for slight negligence.
13) DISCLAIMER OF WARRANTY. THE MATERIALS IS LICENSED “AS IS.” YOU BEAR THE RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
14) LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to The Materials, services, content (including
code) on third party Internet sites, or third party applications; and (b) claims for breach of
contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any
other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your state,
province, or country may not allow the exclusion or limitation of incidental, consequential, or
other damages.
Microsoft
Research
Shared
Source
License
Microsoft Research Shared Source License Agreement (Non-commercial Use Only)
This Microsoft Research Shared Source license agreement ("MSR-SSLA") is a legal agreement between you and Microsoft Corporation ("Microsoft" or "we") for the software or data identified above, which may include source code, and any associated materials, text or speech files, associated media and "online" or electronic documentation and any updates we provide in our discretion (together, the "Software").
By installing, copying, or otherwise using this Software, found at http://research.microsoft.com/downloads, you agree to be bound by the terms of this MSR-SSLA. If you do not agree, do not install copy or use the Software. The Software is protected by copyright and other intellectual property laws and is licensed, not sold.
SCOPE OF RIGHTS:
You may use, copy, reproduce, and distribute this Software for any non- commercial purpose, subject to the restrictions in this MSR-SSLA. Some purposes which can be non-commercial are teaching, academic research, public demonstrations and personal experimentation. You may also distribute this Software with books or other teaching materials, or publish the Software on websites, that are intended to teach the use of the Software for academic or other non-commercial purposes.
You may not use or distribute this Software or any derivative works in any form for commercial purposes. Examples of commercial purposes would be running business operations, licensing, leasing, or selling the Software, distributing the Software for use with commercial products, using the Software in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others.
If the Software includes source code or data, you may create derivative works of such portions of the Software and distribute the modified Software for non- commercial purposes, as provided herein. In return, we simply require that you agree:
1. That you will not remove any copyright or other notices from the Software.
2. That if any of the Software is in binary format, you will not attempt to modify such portions of the Software, or to reverse engineer or decompile them, except and only to the extent authorized by applicable law.
3. That if you distribute the Software or any derivative works of the Software, you will distribute them under the same terms and conditions as in this license, and you will not grant other rights to the Software or derivative works that are different from those provided by this MSR-SSLA.
4. That if you have created derivative works of the Software, and distribute such derivative works, you will cause the modified files to carry prominent notices so that recipients know that they are not receiving the original Software. Such notices must state: 1. that you have changed the Software; and 2. the date of any changes.
5. That Microsoft is granted back, without any restrictions or limitations, a non-exclusive, perpetual, irrevocable, royalty-free, assignable and sub- licensable license, to reproduce, publicly perform or display, install, use, modify, distribute, make and have made, sell and transfer your modifications to and/or derivative works of the Software source code or data, for any purpose. .
6. That any feedback about the Software provided by you to us is voluntarily given, and Microsoft shall be free to use the feedback as it sees fit without obligation or restriction of any kind, even if the feedback is designated by you as confidential.
7. THAT THE SOFTWARE COMES "AS IS", WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, any warranty against interference with your enjoyment of the Software OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. There is no warranty that this Software will fulfill any of your particular purposes or needs. ALSO, YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE SOFTWARE OR DERIVATIVE WORKS.
8. THAT NEITHER MICROSOFT NOR ANY CONTRIBUTOR TO THE SOFTWARE WILL BE LIABLE FOR ANY DAMAGES RELATED TO THE SOFTWARE OR THIS MSR-SSLA, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON. ALSO, YOU MUST PASS THIS LIMITATION OF LIABILITY ON WHENEVER YOU DISTRIBUTE THE SOFTWARE OR DERIVATIVE WORKS.
9. That we have no duty of reasonable care or lack of negligence, and we are not obligated to (and will not) provide technical support for the Software.
10. That if you breach this MSR-SSLA or if you sue anyone over patents that you think may apply to or read on the Software or anyone's use of the Software, this MSR-SSLA (and your license and rights obtained herein) terminate automatically. Upon any such termination, you shall destroy all of your copies of the Software immediately. Sections 5, 6, 7, 8, 9, 10, 13 and 14 of this MSR- SSLA shall survive any termination of this MSR-SSLA.
11. That the patent rights, if any, granted to you in this MSR-SSLA only apply to the Software, not to any derivative works you make.
12. That the Software may be subject to U.S. export jurisdiction at the time it is licensed to you, and it may be subject to additional export or import laws in other places. You agree to comply with all such laws and regulations that may apply to the Software after delivery of the software to you.
13. That all rights not expressly granted to you in this MSR-SSLA are reserved.
14. That this MSR-SSLA shall be construed and controlled by the laws of the State of Washington, USA, without regard to conflicts of law. If any provision of this MSR-SSLA shall be deemed unenforceable or contrary to law, the rest of this MSR-SSLA shall remain in full effect and interpreted in an enforceable manner that most nearly captures the intent of the original language.
Copyright (c) Microsoft Corporation. All rights reserved.
Do you accept all of the terms of the preceding MSR-SSLA license agreement? If you accept the terms, click "I Agree," then "Next." Otherwise click "Cancel."
Microsoft Reciprocal License (Ms-RL)
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
3. Conditions and Limitations
(A) Reciprocal Grants- For any file you distribute that contains code from the software (in source code or binary format), you must provide recipients the source code to that file along with a copy of this license, which license will govern that file. You may license other files that are entirely your own work and do not contain code from the software under any terms you choose.
(B) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(C) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(D) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(E) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(F) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees, or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
[MS-RNDIS]:
Remote Network Driver Interface Specification (RNDIS) Protocol
Intellectual Property Rights Notice for Open Specifications Documentation
- Technical Documentation. Microsoft publishes Open Specifications documentation for
protocols, file formats, languages, standards as well as overviews of the interaction among each
of these technologies.
- Copyrights. This documentation is covered by Microsoft copyrights. Regardless of any other
terms that are contained in the terms of use for the Microsoft website that hosts this
documentation, you may make copies of it in order to develop implementations of the
technologies described in the Open Specifications and may distribute portions of it in your
implementations using these technologies or your documentation as necessary to properly
document the implementation. You may also distribute in your implementation, with or without
modification, any schema, IDL’s, or code samples that are included in the documentation. This
permission also applies to any documents that are referenced in the Open Specifications.
- No Trade Secrets. Microsoft does not claim any trade secret rights in this documentation.
- Patents. Microsoft has patents that may cover your implementations of the technologies
described in the Open Specifications. Neither this notice nor Microsoft's delivery of the
documentation grants any licenses under those or any other Microsoft patents. However, a given
Open Specification may be covered by Microsoft Open Specification Promise or the Community
Promise. If you would prefer a written license, or if the technologies described in the Open
Specifications are not covered by the Open Specifications Promise or Community Promise, as
applicable, patent licenses are available by contacting iplg@microsoft.com.
- Trademarks. The names of companies and products contained in this documentation may be
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www.microsoft.com/trademarks.
- Fictitious Names. The example companies, organizations, products, domain names, email
addresses, logos, people, places, and events depicted in this documentation are fictitious. No
association with any real company, organization, product, domain name, email address, logo,
person, place, or event is intended or should be inferred.
Reservation of Rights. All other rights are reserved, and this notice does not grant any rights
other than specifically described above, whether by implication, estoppel, or otherwise.
Tools. The Open Specifications do not require the use of Microsoft programming tools or
programming environments in order for you to develop an implementation. If you have access to
Microsoft programming tools and environments you are free to take advantage of them. Certain
Open Specifications are intended for use in conjunction with publicly available standard
specifications and network programming art, and assumes that the reader either is familiar with the
aforementioned material or has immediate access to it.
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction" and "distribution" have the same meaning here as under U.S. copyright law.
"You" means the licensee of the software.
"Your company" means the company you worked for when you downloaded the software.
"Reference use" means use of the software within your company as a reference, in read only form, for the sole purposes of debugging your products, maintaining your products, or enhancing the interoperability of your products with the software, and specifically excludes the right to distribute the software outside of your company.
"Licensed patents" means any Licensor patent claims which read directly on the software as distributed by the Licensor under this license.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, the Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free copyright license to reproduce the software for reference use.
(B) Patent Grant- Subject to the terms of this license, the Licensor grants you a non-transferable, non-exclusive, worldwide, royalty-free patent license under licensed patents for reference use.
3. Limitations
(A) No Trademark License- This license does not grant you any rights to use the Licensor's name,
logo, or trademarks.
(B) If you begin patent litigation against the Licensor over patents that you think may apply to the software (including a cross-claim or counterclaim in a lawsuit), your license to the software ends automatically.
(C) The software is licensed "as-is." You bear the risk of using it. The Licensor gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the Licensor excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT SILVERLIGHT 3 TOOLS FOR VISUAL STUDIO 2008, Service Pack 1
PLEASE NOTE: Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. You may use it with each validly licensed copy of Microsoft Visual Studio 2008 Service Pack 1 and Microsoft Visual Web Developer 2008 Express Edition software (for which this supplement is applicable) (the "software"). You may not use the supplement if you do not have a license for the software. The license terms for the software apply to your use of this supplement. Microsoft provides support services for the supplement as described at www.support.microsoft.com/common/international.aspx.
=============================================
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SILVERLIGHT 3
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· Updates (including but not limited to bug fixes, patches, updates, upgrades, enhancements, new versions, and successors to the software, collectively called "Updates"),
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, YOUR INSTALLATION OF THIS SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION AND TO THE AUTOMATIC DOWNLOADING AND INSTALLATION OF UPDATES ON YOUR COMPUTER.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software. You may also make any number of copies as you need to distribute the software within your organization.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Automatic Updates. This software contains an Automatic Update feature that is on by default. For more information about this feature, including instructions for to turning it off, see go.microsoft.com/fwlink/?LinkId=147032. You may turn off this feature while the software is running ("opt out"). Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software, and (c) automatically download and install, or prompt you to download and/or install, current Updates to the software. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of Updates.
b. Microsoft Digital Rights Management. If you use the software to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM Updates. For more information, see go.microsoft.com/fwlink/?LinkId=147032.
4. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/MPEG-4 AVC and/or VC-1decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
For clarification purposes only, the Notice in this Section does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, Updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
=============================================
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SILVERLIGHT 3 SOFTWARE DEVELOPMENT KIT
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
The software is a software development kit designed to work with Microsoft Silverlight (collectively "Microsoft Silverlight"). This agreement does not give you any rights to install or use Microsoft Silverlight. You must acquire a separate license to acquire such rights.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your programs for use with Microsoft Silverlight.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop for use with Microsoft Silverlight if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· Sample Code. You may modify, copy, and distribute the source and object code form of code marked as "sample."
· Silverlight Libraries. You may copy and distribute the object code form of code marked as "Silverlight Libraries", "Client Libraries" and "Server Libraries."
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/MPEG-4 AVC and/or VC-1. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (1) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS ("VIDEO STANDARDS") AND/OR (2) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Permission to copy, display and distribute the contents of this document (the
"Specification"), in any medium for any purpose without fee or royalty is
hereby granted, provided that you include the following notice on ALL copies of
the Specification, or portions thereof, that you make:
Copyright (c) Microsoft Corporation.All rights reserved.Permission to copy,
display and distribute this document is available at:
http://msdn.microsoft.com/library/en-us/odcXMLRef/html/odcXMLRefLegalNotice.asp?frame=true.
No right to create modifications or derivatives of this Specification is
granted herein. There is a separate patent license available to parties
interested in implementing software programs that can read and write files that
conform to the Specification.This patent license is available at this
location:http://www.microsoft.com/mscorp/ip/format/xmlpatentlicense.asp.
THE SPECIFICATION IS PROVIDED "AS IS" AND MICROSOFT MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;
THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE; NOR THAT
THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS,
COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. MICROSOFT WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO ANY USE OR DISTRIBUTION OF THE SPECIFICATION.
The name and trademarks of Microsoft may NOT be used in any manner, including
advertising or publicity pertaining to the Specification or its contents
without specific, written prior permission. Title to copyright in the
Specification will at all times remain with Microsoft. No other rights are
granted by implication, estoppel or otherwise.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER COMPACT 4.0
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the software on your devices to design, develop and test your programs for use with the software.
b. Included Microsoft Programs. The software contains the Microsoft Visual C++ 2008 Express Edition components listed below. You may only use these components with the software. The Microsoft Visual C++ 2008 Express license terms located at %Program Files%\Microsoft SQL Server Compact Edition\v4.0 apply to your use of them, except that the components listed below may be used for commercial hosting services when used in conjunction with the software.
• Microsoft_VC90_CRT_x86.msm
• policy_9_0_Microsoft_VC90_CRT_x86.msm
• Microsoft_VC90_CRT_x86_x64.msm
• policy_9_0_Microsoft_VC90_CRT_x86_x64.msm
• VC90.CRT_X86_msvcr90.dll
• VC90.CRT_X86_Microsoft.VC90.CRT.manifest
• VC90.CRT_AMD64_msvcr90.dll
• VC90.CRT_AMD64_Microsoft.VC90.CRT.manifest
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
• REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
• distribute Distributable Code included in a setup program only as part of that setup program without modification;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• transfer the software or this agreement to any third party.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
SQL Server Data Tools - License Terms
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SQL SERVER DATA TOOLS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. YOU MAY CHOOSE NOT TO ACCEPT THESE TERMS, IN WHICH CASE YOU MAY NOT USE THE SOFTWARE (IF YOU HAVE NOT ALREADY INSTALLED IT) OR WITHDRAW YOUR ACCEPTANCE ANY TIME BY UNINSTALLING THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use.
* You may install and use any number of copies of the software on your devices to design, develop and test your programs.
b. Other Microsoft Programs. The software includes other Microsoft SQL Server technologies, Microsoft Visual Studio 2015 Shell (Isolated) Redistributable Package, Microsoft Visual Studio 2015 Shell (Integrated) Redistributable Package, Microsoft Visual Studio Tools for Applications 2015, .NET Framework, Visual C++ Redistributable for Visual Studio 2015, and Microsoft Report Viewer 2016 Runtime in conjunction with the software licensed here. These components are governed by separate agreements and their own product support policies, as described in the license terms found in the installation directory for that component or in the "Licenses" folder accompanying the software.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code.
i. Right to Use and Distribute. If you comply with the terms below:
* You may copy and distribute the object code form of the Microsoft SQL Server Data-Tier Application Framework ("Distributable Code") in programs you develop; and
* You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
* add significant primary functionality to it in your programs;
* for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
* distribute Distributable Code included in a setup program only as part of that setup program without modification;
* require distributors and external end users to agree to the Microsoft license terms included as part of our software setup program;
* display your valid copyright notice on your programs; and
* indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
* alter any copyright, trademark or patent notice in the Distributable Code;
* use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
* distribute Distributable Code to run on a platform other than the Windows platform;
* include Distributable Code in malicious, deceptive or unlawful programs; or
* modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
* the code be disclosed or distributed in source code form; or
* others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. You may not use these devices in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
a. SQL Server Reporting Services Map Report Item. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the "Bing Maps APIs"). The purpose of these features is to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use them to create and view dynamic or static documents. This may be done only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps APIs. You may not use the following for any purpose even if they are available through the Bing Maps APIs:
* Bing Maps APIs to provide sensor based guidance/routing, or
* any Road Traffic Data or Bird’s Eye Imagery (or associated metadata).
Your use of Bing Maps is also governed by the Bing Maps End User Terms of Use available at http://go.microsoft.com/?linkid=9710837 and the Bing Maps Privacy Statement available at http://go.microsoft.com/fwlink/?LinkID=248686.
b. This software is designed to allow users of SQL Server Integration Services (SSIS) to (a) move data between on-premises data-stores and Microsoft online services and (b) trigger certain actions in Microsoft online services. In order to do this, the software uses Internet Protocols to (i) send data, including your own data as designated by you and data about the software’s configuration, to these services, and (ii) request data, including your own data as designated by you and data about the nature and configuration of your Microsoft online services, from these services. Once you configure the software to communicate with these services, you may not receive separate notices when the software connects to these services.
4. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5. THIRD PARTY NOTICES. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software. Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages below also apply.
6. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft’s prior written approval;
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
9. UPDATES. The software may install automatic updates, which cannot be turned off. By using the software, you agree to receive automatic updates without any additional notice, and permit Microsoft to download and install them for you. You agree to obtain these updates only from Microsoft or Microsoft authorized sources. If you do not want software updates, disconnect your device from the internet or uninstall the software.
10. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
12. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXCLUSIONS DE GARANTIE. Le logiciel est concédé sous licence « en l’état ». Vous assumez tous les risques liés à son utilisation. Microsoft n’accorde aucune garantie ou condition expresse. Vous pouvez bénéficier de droits des consommateurs supplémentaires dans le cadre du droit local, que ce contrat ne peut modifier. Lorsque cela est autorisé par le droit local, Microsoft exclut les garanties implicites de qualité, d’adéquation à un usage particulier et d’absence de contrefaçon.
LIMITATION ET EXCLUSION DE RECOURS ET DE DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs limitée uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
toute affaire liée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également même si Microsoft connaissait l'éventualité d'un tel dommage. La limitation ou exclusion ci-dessus peut également ne pas vous être applicable, car votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Microsoft Shared Source Permissive License (SS-PL)
Published: October 18, 2005
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
The terms "reproduce," "reproduction" and "distribution" have the same meaning here as under U.S. copyright law.
"You" means the licensee of the software.
"Licensed patents" means any Licensor patent claims which read directly on the software as distributed by Licensor under this license.
2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, the Licensor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce the software, prepare derivative works of the software and distribute the software or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, the Licensor grants you a non-exclusive, worldwide, royalty-free patent license under licensed patents to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the software or derivative works of the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you any rights to use Licensor's name, logo, or trademarks.
(B) If you begin patent litigation against the Licensor over patents that you think may apply to the software (including a cross-claim or counterclaim in a lawsuit), your license to the software ends automatically.
(C) If you distribute copies of the software or derivative works, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute the software or derivative works in source code form you may do so only under this license (i.e., you must include a complete copy of this license with your distribution), and if you distribute the software or derivative works in compiled or object code form you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The Licensor gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the Licensor excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sysinternals Software License Terms
09/27/2009
5 minutes to read
Contributors
markruss Kent Sharkey
These license terms are an agreement between Sysinternals (a wholly owned subsidiary of Microsoft Corporation) and you. Please read them. They apply to the software you are downloading from technet.microsoft.com/sysinternals, which includes the media on which you received it, if any. The terms also apply to any Sysinternals
updates,
supplements,
Internet-based services,
and support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
Installation and User Rights
You may install and use any number of copies of the software on your devices.
Scope of License
The software is licensed, not sold. This agreement only gives you some rights to use the software. Sysinternals reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
Sensitive Information
Please be aware that, similar to other debug tools that capture “process state” information, files saved by Sysinternals tools may include personally identifiable or other sensitive information (such as usernames, passwords, paths to files accessed, and paths to registry accessed). By using this software, you acknowledge that you are aware of this and take sole responsibility for any personally identifiable or other sensitive information provided to Microsoft or any other party through your use of the software.
Documentation
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
Export Restrictions
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting .
Support Services
Because this software is "as is," we may not provide support services for it.
Entire Agreement
This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
Applicable Law
United States . If you acquired the software in the United States , Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
Outside the United States . If you acquired the software in any other country, the laws of that country apply.
Legal Effect
This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
Disclaimer of Warranty
The software is licensed "as-is." You bear the risk of using it. Sysinternals gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, sysinternals excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation on and Exclusion of Remedies and Damages
You can recover from sysinternals and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Sysinternals knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec , Canada , some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Sysinternals n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Sysinternals et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.
Elle s'applique également, même si Sysinternals connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO TEST PLATFORM
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software.
2. TERMS FOR SPECIFIC COMPONENTS.
a. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software. Even if such components are governed by other agreements, the disclaimers and the limitations on and exclusions of damages below also apply.
3. DATA. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications and you should provide a copy of Microsoft’s privacy statement to your users. The Microsoft privacy statement is located here https://go.microsoft.com/fwlink/?LinkId=521839. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent required by third party licensing terms governing the use of certain open source components that may be included in the software;
· remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
· use the software in any way that is against the law; or
· share, publish, rent or lease the software, or provide the software as a stand-alone hosted as solution for others to use, or transfer the software or this agreement to any third party.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
9. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
Microsoft TrueType Fonts
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
---------------------------------------------------
IMPORTANT - READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "on-line" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to make and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
* Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT.
* Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the SOFTWARE PRODUCT; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the SOFTWARE PRODUCT may not be distributed for profit either on a standalone basis or included as part of your own product.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Restrictions on Alteration. You may not rename, edit or create any derivative works from the SOFTWARE PRODUCT, other than subsetting when embedding them in documents.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
LIMITED WARRANTY
NO WARRANTIES. Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Microsoft or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If this product was acquired outside the United States, then local laws may apply. Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT TYPESCRIPT SOFTWARE DEVELOPMENT KIT
These license terms are an agreement between Microsoft Corporation (or based on where you live, one
of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft
services or updates for the software, except to the extent those have additional terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software.
2. TERMS FOR SPECIFIC COMPONENTS.
a. Utilities. The software may contain some items on the Utilities List at
https://go.microsoft.com/fwlink/?linkid=823097. You may copy and install these Utilities, if
included with the software, onto devices to debug and deploy your applications and databases
you developed with the software. Please note that Utilities are designed for temporary use, that
Microsoft may not be able to patch or update Utilities separately from the rest of the software,
and that some Utilities by their nature may make it possible for others to access devices on which
the Utilities are installed. As a result, you should delete all Utilities you have installed after you
finish debugging or deploying your applications and databases. Microsoft is not responsible for
any third party use or access of Utilities you install on any device.
b. Microsoft Platforms. The software may include components from Microsoft Windows;
Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and
Microsoft SharePoint. These components are governed by separate agreements and their own
product support policies, as described in the Microsoft "Licenses" folder accompanying the
software, except that, if license terms for those components are also included in the associated
installation directory, those license terms control.
c. Third Party Components. The software may include third party components with separate
legal notices or governed by other agreements, as may be described in the ThirdPartyNotices
file(s) accompanying the software.
3. DATA.
a. Data Collection. The software may collect information about you and your use of the software,
and send that to Microsoft. Microsoft may use this information to provide services and improve
our products and services. You may opt-out of many of these scenarios, but not all, as described
in the product documentation. There are also some features in the software that may enable
you and Microsoft to collect data from users of your applications. If you use these features, you
must comply with applicable law, including providing appropriate notices to users of your
applications together with a copy of Microsoft's privacy statement. Our privacy statement is
located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data
collection and use in the help documentation and our privacy statement. Your use of the software
operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of
personal data in connection with the software, Microsoft makes the commitments in the
European Union General Data Protection Regulation Terms of the Online Services Terms to all
customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights
to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights
despite this limitation, you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that only allow you to use it
in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or attempt to do so, except and only to
the extent required by third party licensing terms governing use of certain open-source
components that may be included with the software;
* remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
* use the software in any way that is against the law; or
* share, publish, rent, or lease the software, or provide the software as a stand-alone offering for
others to use.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and
regulations that apply to the software, which include restrictions on destinations, end users and end
use. For further information on export restrictions, visit (aka.ms/exporting).
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based
services and support services that you use, are the entire agreement for the software and support
services.
8. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to
interpretation of and claims for breach of this agreement, and the laws of the state where you live
apply to all other claims. If you acquired the software in any other country, its laws apply.
9. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights.
You may have other rights, including consumer rights, under the laws of your state or country.
Separate and apart from your relationship with Microsoft, you may also have rights with respect to
the party from which you acquired the software. This agreement does not change those other rights
if the laws of your state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the following provisions
apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in
this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off
the automatic update feature, disconnecting your device from the Internet (if and when you re-
connect to the Internet, however, the software will resume checking for and installing updates),
or uninstalling the software. The product documentation, if any, may also specify how to turn off
updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any
Microsoft materials that accompany the software. However, Microsoft gives no contractual
guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based
on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is
liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is
in breach of such material contractual obligations, the fulfillment of which facilitate the due
performance of this agreement, the breach of which would endanger the purpose of this
agreement and the compliance with which a party may constantly trust in (so-called "cardinal
obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT
EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT
AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER
ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on
third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of
warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages.
The above limitation or exclusion may not apply to you because your country may not allow the
exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this
agreement are provided below in French.
Remarque : Ce logiciel �tant distribu� au Qu�bec, Canada, certaines des clauses dans ce
contrat sont fournies ci-dessous en fran�ais.
EXON�RATION DE GARANTIE. Le logiciel vis� par une licence est offert " tel quel ". Toute utilisation
de ce logiciel est � votre seule risque et p�ril. Microsoft n'accorde aucune autre garantie expresse. Vous
pouvez b�n�ficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que
ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de
qualit� marchande, d'ad�quation � un usage particulier et d'absence de contrefa�on sont exclues.
LIMITATION DES DOMMAGES-INT�R�TS ET EXCLUSION DE RESPONSABILIT� POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement � hauteur de 5,00 $ US. Vous ne pouvez pr�tendre � aucune
indemnisation pour les autres dommages, y compris les dommages sp�ciaux, indirects ou accessoires et
pertes de b�n�fices.
Cette limitation concerne:
* tout ce qui est reli� au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites
Internet tiers ou dans des programmes tiers ; et
* les r�clamations au titre de violation de contrat ou de garantie, ou au titre de responsabilit� stricte,
de n�gligence ou d'une autre faute dans la limite autoris�e par la loi en vigueur.
Elle s'applique �galement, m�me si Microsoft connaissait ou devrait conna�tre l'�ventualit� d'un tel
dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilit� pour les dommages
indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus
ne s'appliquera pas � votre �gard.
EFFET JURIDIQUE. Le pr�sent contrat d�crit certains droits juridiques. Vous pourriez avoir d'autres
droits pr�vus par les lois de votre pays. Le pr�sent contrat ne modifie pas les droits que vous conf�rent
les lois de votre pays si celles-ci ne le permettent pas.
2019AUG09_RTM_EXT
(Typescript SDK)
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES (X86, IA64 AND X64)
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
¥ updates,
¥ supplements,
¥ Internet-based services, and
¥ support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
¥ disclose the results of any benchmark tests of the software to any third party without Microsofts prior written approval;
¥ work around any technical limitations in the software;
¥ reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
¥ make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
¥ publish the software for others to copy;
¥ rent, lease or lend the software;
¥ transfer the software or this agreement to any third party; or
¥ use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is as is, we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS. YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
¥ anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
¥ claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2010 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. Applicable Law.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. Disclaimer of Warranty. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT VISUAL STUDIO 2015 SOFTWARE DEVELOPMENT KIT
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have additional terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
INSTALLATION AND USE RIGHTS.
Installation and Use. One user may use the software to develop and test their applications.
Demo Use. The uses permitted above include use of the software in demonstrating your applications.
Backup Copy. You may make one backup copy of the software, for reinstalling the software.
DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in applications you develop as described in this Section. (For this Section the term “distribution” also means deployment of your applications for third parties to access over the Internet.)
Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at: http://go.microsoft.com/fwlink/?LinkId=523763&clcid=0x409.
Sample Code and Templates and Styles. You may copy, modify and distribute the source and object code form of code marked as “sample”, “template”, and “Simple Styles” or “Sketch Styles”.
Image Library. You may copy and distribute images, graphics and animations in the Image Library as described in the software documentation.
Third Party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications.
Distribution Requirements. For any Distributable Code you distribute, you must:
add significant primary functionality to it in your applications;
require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement and, except that with respect to the Visual Studio Shell, you must require your customers to agree to terms that protect the Shell at least as much as its Microsoft Software License Terms, which grant your customers installation and use rights to the Visual Studio Shell; and,
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the Distributable Code.
Distribution Restrictions. You may not:
use Microsoft’s trademarks in your applications’ names or branding in a way that suggests your applications come from or are endorsed by Microsoft; or,
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that (i) the code be disclosed or distributed in source code form; or (ii) others have the right to modify it.
Developing for the Visual Studio Shell (Integrated and Isolated Modes). In addition to the requirements and restrictions for Distributable Code described above, the following applies to your applications that work with a Visual Studio Shell:
Visual Studio Shell (Isolated) – Product Information. You will not alter or hide our Visual Studio sub-branding in the corner of the splash screen of the Visual Studio Shell (Isolated), and you will supply your own primary branding for your applications to indicate to your customers that such applications are yours.
Limits on Extensions. You will not develop or enable others to develop extensions for Visual Studio which circumvent the technical limitations implemented in the software. For example, there are technical limitations in the Visual Studio Shell (Isolated) such that extensions to it may not load certain Microsoft packages (including packages from commercial Visual Studio product software) that may already be installed in the end user’s machine.
No Degrading Visual Studio. You will design and test the installation, uninstallation, and operation of your applications to ensure that such processes do not disable any features or adversely affect the functionality of any edition of the Visual Studio family of products.
DATA.
Collection and Use. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at http://go.microsoft.com/fwlink/?LinkID=528096. Your use of the software operates as your consent to these practices.
Automatic Download Feature. The Visual Studio Shell includes a feature that will detect whether your customer’s machine contains Microsoft components that are needed for the Visual Studio Shell to run, such as the .NET Framework. Visual Studio Shells will automatically download and install such components over the Internet if they are not present on your customer’s machine. Visual Studio Shell does not notify the user that such components are being installed. You will comply with all applicable laws and notice obligations necessary to inform your customer of this automatic download feature.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, or attempt to do so, except, and only to the extent required by third party licensing terms governing the use of certain open-source components that may be included with the software;
remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
use the software in any way that is against the law; or
share, publish, rent or lease the software, or provide the software as a stand-alone hosted solution for others to use.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit (aka.ms/exporting).
SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
Germany and Austria.
Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2015 - 2022 RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software.
2. TERMS FOR SPECIFIC COMPONENTS.
a. Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if license terms for those components are also included in the associated installation directory, those license terms control.
b. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the notices file(s) accompanying the software.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent required by third party licensing terms governing the use of certain open source components that may be included in the software;
· remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
· use the software in any way that is against the law;
· share, publish, rent or lease the software; or
· provide the software as a stand-alone offering or combined with any of your applications for others to use, or transfer the software or this agreement to any third party.
4. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
5. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
7. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
8. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
9. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
EULA ID: Cpp_2015-2022_ENU.1033
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2017 TOOLS, ADD-ONs and EXTENSIONS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software.
2. TERMS FOR SPECIFIC COMPONENTS.
a. Utilities. The software may contain some items on the Utilities List at https://go.microsoft.com/fwlink/?linkid=823097. You may copy and install these Utilities, if included with the software, onto devices to debug and deploy your applications and databases you developed with the software. Please note that Utilities are designed for temporary use, that Microsoft may not be able to patch or update Utilities separately from the rest of the software, and that some Utilities by their nature may make it possible for others to access devices on which the Utilities are installed. As a result, you should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of Utilities you install on any device.
b. Build Tools. The software may include build tools which have specific use terms. For build tools, you may copy and install files from the software onto your build devices, including physical devices and virtual machines or containers on those machines, whether on-premises or remote machines that are owned by you, hosted on Azure for you, or dedicated solely to your use (collectively, “Build Devices”). You and others in your organization may use these files on your Build Devices solely to compile, build, and verify applications or run quality or performance tests of those applications as part of the build process. For clarity, “applications” means applications developed by you and others in your organization who are each licensed to use the software.
c. Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if license terms for those components are also included in the associated installation directory, those license terms control.
d. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
3. DATA.
a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications and you should provide a copy of Microsoft’s privacy statement to your users. The Microsoft privacy statement is located here https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the
software except, and only to the extent required by third party licensing terms governing the use of certain open source components that may be included in the software;
· remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
· use the software in any way that is against the law; or
· share, publish, rent or lease the software, or provide the software as a stand-alone hosted as solution for others to use, or transfer the software or this agreement to any third party.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
9. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above
limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
EULA ID: VS 2017_TOOLS_ADDONs_C++_RTW.3_ENU
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO ENTERPRISE 2017, VISUAL STUDIO PROFESSIONAL 2017, VISUAL STUDIO TEST PROFESSIONAL 2017 AND TRIAL EDITION
These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any Microsoft services and updates for the software, except to the extent those have different terms.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
________________________________________________________________________________________
TRIAL EDITION USE RIGHTS. If the software is a trial edition, this Section applies to your use of the trial edition.
A. GENERAL. You may use any number of copies of the trial edition on your devices. You may only use the trial edition for internal evaluation purposes, and only during the trial period. You may not distribute or deploy any applications you make with the trial edition to a production environment. You may run load tests of up to 250 virtual users during the trial period.
B. TRIAL PERIOD AND CONVERSION. The trial period lasts for 30 days after you install the trial edition, plus any permitted extension period. After the expiration of the trial period, the trial edition will stop running. You may extend the trial period an additional 90 days if you sign in to the software. You may not be able to access data used with the trial edition when it stops running. You may convert your trial rights at any time to the full-use rights described below by acquiring a valid full-use license.
C. DISCLAIMER OF WARRANTY. THE TRIAL EDITION IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.
D. SUPPORT. Because the trial edition is “as is,” we may not provide support services for it.
E. LIMITATIONS ON DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the trial version, services, content (including code) on third party Internet sites, or third party programs; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
FULL-USE LICENSE TERMS FOR THE SOFTWARE: When you acquire a valid license and either enter a product key or sign in to the software, the terms below apply. You may not share your product key or access credentials.
1. OVERVIEW.
a. Software. The software includes development tools, applications and documentation.
b. License Model. The software is licensed on a per user basis.
2. USE RIGHTS.
a. General. One user may use copies of the software on your devices to develop and test applications. This includes using copies of the software on your own internal servers that remain fully dedicated to your own use. You may not, however, separate the components of the software and run those in a production environment,
or on third party devices (except as otherwise stated in this agreement), or for any purpose other than developing and testing your applications. Running the software on Microsoft Azure requires a separate license.
b. Workloads. These license terms apply to your use of the Workloads made available to you within the software, except to the extent a Workload or a Workload component comes with different terms.
c. Demo Use. The use permitted above includes use of the software in demonstrating your applications.
d. Backup copy. You may make one backup copy of the software, for reinstalling the software.
3. TERMS FOR SPECIFIC COMPONENTS. a. Utilities. The software contains items on the Utilities List at https://go.microsoft.com/fwlink/?linkid=823097. You may copy and install those items, if included with the software, onto your devices to debug and deploy your applications and databases you developed with the software. Please note that Utilities are designed for temporary use, that Microsoft may not be able to patch or update Utilities separately from the rest of the software, and that some Utilities by their nature may make it possible for others to access the devices on which they are installed. As a result, you should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of Utilities you install on any device.
b. Build Tools. You may copy and install files from the software onto your build devices, including physical devices and virtual machines or containers on those machines, whether on-premises or remote machines that are owned by you, hosted on Azure for you, or dedicated solely to your use (collectively, “Build Devices”). You and others in your organization may use these files on your Build Devices solely to compile, build, and verify applications or run quality or performance tests of those applications as part of the build process. For clarity, “applications” means applications developed by you and others in your organization who are each licensed to use the software.
c. Font Components. While the software is running, you may use its fonts to display and print content. You may only: (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to help print content.
d. Licenses for Other Components.
· Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if separate license terms for those components are included in the associated installation directly, those license terms control.
· Developer resources. The software includes compilers, languages, runtimes, environments, and other resources. These components may be governed by separate agreements and have their own product support policies. A list of these other components is located at https://support.microsoft.com.
Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
e. PACKAGE MANAGERS. The software includes package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages.
4. DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in applications you develop as described in this Section. (For this Section the term “distribution” also means deployment of your applications for third parties to access over the Internet.)
a. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
* REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at https://go.microsoft.com/fwlink/?linkid=823097.
* Sample Code, Templates and Styles. You may copy, modify and distribute the source and object code form of code marked as “sample”, “template”, “simple styles” and “sketch styles”.
* Image Library. You may copy and distribute images, graphics and animations in the Image Library as described in the software documentation.
* Third Party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications.
b. Distribution Requirements. For any Distributable Code you distribute, you must:
* add significant primary functionality to it in your applications;
* require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement; and
* indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your applications, except to the extent that any claim is based solely on the Distributable Code.
c. Distribution Restrictions. You may not:
* use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or
* modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it.
5. DATA.
a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included in the software;
* remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
* use the software in any way that is against the law;
* share, publish, rent or lease the software, or provide the software as a stand-alone offering for others to use.
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
8. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
9. RIGHTS TO USE OTHER VERSIONS AND LOWER EDITIONS. You may use the software and any prior version on any device. You may create, store, install, run, or access in place of the version licensed, a copy or
instance of a prior version, different permitted language version, or lower edition.
10. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the Microsoft certificate of authenticity label, the accompanying product key, and your receipt. If you purchased an online copy of the software, your proof of license is the Microsoft product key you received with your purchase and your receipt and/or being able to access the software service through your Microsoft account. To identify genuine Microsoft software, see www.howtotell.com.
11. TRANSFER TO A THIRD PARTY. If you are a valid licensee of the software, you may transfer it and this agreement directly to another party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software, genuine Microsoft product key, and (if applicable) the Proof of License label. The transferor must uninstall all copies of the software after transferring it from the device. The transferor may not retain any copies of the genuine Microsoft product key to be transferred, and may only retain copies of the software if otherwise licensed to do so. If you have acquired a non-perpetual license to use the software or if the software is marked Not for Resale you may not transfer the software or the software license agreement to another party.
12. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting. 13. SUPPORT. Microsoft provides support for the software as described at https://support.microsoft.com.
14. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services, are the entire agreement for the software and support services.
15. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquire the software in any other country, its laws apply.
16. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or if mandatory country law applies, then the following provisions apply to you:
a) Australia. References to “Limited Warranty” mean the express warranty provided by Microsoft or the manufacturer or installer. This warranty is in addition to other rights and remedies you may have under law, including your rights and remedies under the statutory guarantees in the Australian Consumer Law.
In this section, “goods” refers to the software for which Microsoft or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c) Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, and death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
17. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
*************************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
References to “limited warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at:
* (800) MICROSOFT;
* Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
* visit (aka.ms/nareturns).
2. Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either:
* Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
* the Microsoft affiliate serving your country (see aka.ms/msoffices).
3. Australia. For Warranty Services and to claim expenses in relation to the warranty (if applicable) for software acquired in Australia, contact Microsoft at:
* 13 20 58; or
* Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia.
4. Outside the United States, Canada, Europe, Middle East, Africa, and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East, Africa, and Australia, contact the Microsoft affiliate serving your country (see aka.ms/msoffices).
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM
MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
FOR AUSTRALIA ONLY. References to “Limited Warranty” are references to the warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
EULA ID: VS2017_ENT_PRO_TRIAL_RTW.2_ENU
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO CODE
These license terms are an agreement between you and Microsoft Corporation (or
based on where you live, one of its affiliates). They apply to the software
named above. The terms also apply to any Microsoft services or updates for the
software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. General. You may use any number of copies of the software to develop and test
your applications, including deployment within your internal corporate network.
b. Demo use. The uses permitted above include use of the software in
demonstrating your applications.
c. Backup copy. You may make one or more backup copies of the software, for
reinstalling the software.
d. Third Party Programs. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the ThirdPartyNotices file accompanying the software.
e. Extensions. The software gives you the option to download other Microsoft and
third party software packages from our extension marketplace or package
managers. Those packages are under their own licenses, and not this agreement.
Microsoft does not distribute, license or provide any warranties for any of the
third party packages.
2. DATA.
a. Data Collection. The software may collect information about you and your use
of the software, and send that to Microsoft. Microsoft may use this information
to provide services and improve our products and services. You may opt-out of
many of these scenarios, but not all, as described in the product documentation.
There may also be some features in the software that may enable you and
Microsoft to collect data from users of your applications. If you use these
features, you must comply with applicable law, including providing appropriate
notices to users of your applications together with Microsoft’s privacy
statement. Our privacy statement is located at
https://go.microsoft.com/fwlink/?LinkID=824704 . You can learn more about data
collection and use in the help documentation and our privacy statement. Your use
of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or
subprocessor of personal data in connection with the software, Microsoft makes
the commitments in the European Union General Data Protection Regulation Terms
of the Online Services Terms to all customers effective May 25, 2018, at
http://go.microsoft.com/?linkid=9840733 .
3. UPDATES. The software may periodically check for updates, and download and
install them for you. You may obtain updates only from Microsoft or authorized
sources. Microsoft may need to update your system to provide you with updates.
You agree to receive these automatic updates without any additional notice.
Updates may not include or support all existing software features, services, or
peripheral devices.
4. FEEDBACK. If you give feedback about the software to Microsoft, you give to
Microsoft, without charge, the right to use, share and commercialize your
feedback in any way and for any purpose. You will not give feedback that is
subject to a license that requires Microsoft to license its software or
documentation to third parties because we include your feedback in them. These
rights survive this agreement.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you
to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or otherwise attempt
to derive the source code for the software, except and to the extent required by
third party licensing terms governing use of certain open source components that
may be included in the software;
*remove, minimize, block or modify any notices of Microsoft or its suppliers in
the software;
* use the software in any way that is against the law;
* share, publish, rent or lease the software, or provide the software as a
stand-alone offering for others to use.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
8. EXPORT RESTRICTIONS. You must comply with all domestic and international
export laws and regulations that apply to the software, which include
restrictions on destinations, end-users, and end use. For further information on
export restrictions, see http://www.microsoft.com/exporting .
9. APPLICABLE LAW. If you acquired the software in the United States, Washington
law applies to interpretation of and claims for breach of this agreement, and
the laws of the state where you live apply to all other claims. If you acquired
the software in any other country, its laws apply.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving
updates by turning off the automatic update feature, disconnecting your device
from the Internet (if and when you re-connect to the Internet, however, the
software will resume checking for and installing updates), or uninstalling the
software. The product documentation, if any, may also specify how to turn off
updates for your specific device or software.
c. Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory
law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence.
11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk
of using it. Microsoft gives no express warranties, guarantees or conditions. To
the extent permitted under your local laws, Microsoft excludes the implied
warranties of merchantability, fitness for a particular purpose and non-
infringement.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and
its suppliers only direct damages up to U.S. $5.00. You cannot recover any other
damages, including consequential, lost profits, special, indirect or incidental
damages. This limitation applies to (a) anything related to the software,
services, content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other tort to the
extent permitted by applicable law. It also applies even if Microsoft knew or
should have known about the possibility of the damages. The above limitation or
exclusion may not apply to you because your state or country may not allow the
exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO CODE
These license terms are an agreement between you and Microsoft Corporation (or
based on where you live, one of its affiliates). They apply to the software
named above. The terms also apply to any Microsoft services or updates for the
software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. General. You may use any number of copies of the software to develop and test
your applications, including deployment within your internal corporate network.
b. Demo use. The uses permitted above include use of the software in
demonstrating your applications.
c. Third Party Components. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the ThirdPartyNotices file accompanying the software.
d. Extensions. The software gives you the option to download other Microsoft and
third party software packages from our extension marketplace or package
managers. Those packages are under their own licenses, and not this agreement.
Microsoft does not distribute, license or provide any warranties for any of the
third party packages. By accessing or using our extension marketplace, you agree
to the extension marketplace terms located at https://aka.ms/vsmarketplace-ToU .
2. DATA.
a. Data Collection. The software may collect information about you and your use
of the software, and send that to Microsoft. Microsoft may use this information
to provide services and improve our products and services. You may opt-out of
many of these scenarios, but not all, as described in the product documentation
located at https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-
telemetry-reporting . There may also be some features in the software that may
enable you and Microsoft to collect data from users of your applications. If you
use these features, you must comply with applicable law, including providing
appropriate notices to users of your applications together with Microsoft’s
privacy statement. Our privacy statement is located at
https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data
collection and use in the help documentation and our privacy statement. Your use
of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or
subprocessor of personal data in connection with the software, Microsoft makes
the commitments in the European Union General Data Protection Regulation Terms
of the Online Services Terms to all customers effective May 25, 2018, at
https://docs.microsoft.com/legal/gdpr .
3. UPDATES. The software may periodically check for updates and download and
install them for you. You may obtain updates only from Microsoft or authorized
sources. Microsoft may need to update your system to provide you with updates.
You agree to receive these automatic updates without any additional notice.
Updates may not include or support all existing software features, services, or
peripheral devices. If you do not want automatic updates, you may turn them off
by following the instructions in the documentation at
https://go.microsoft.com/fwlink/?LinkID=616397 .
4. FEEDBACK. If you give feedback about the software to Microsoft, you give to
Microsoft, without charge, the right to use, share and commercialize your
feedback in any way and for any purpose. You will not give feedback that is
subject to a license that requires Microsoft to license its software or
documentation to third parties because we include your feedback in them. These
rights survive this agreement.
5. SCOPE OF LICENSE. This license applies to the Visual Studio Code product.
Source code for Visual Studio Code is available at
https://github.com/Microsoft/vscode under the MIT license agreement. The
software is licensed, not sold. This agreement only gives you some rights to use
the software. Microsoft reserves all other rights. Unless applicable law gives
you more rights despite this limitation, you may use the software only as
expressly permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain
ways. You may not
* reverse engineer, decompile or disassemble the software, or otherwise attempt
to derive the source code for the software except and solely to the extent
required by third party licensing terms governing use of certain open source
components that may be included in the software;
*remove, minimize, block or modify any notices of Microsoft or its suppliers in
the software;
* use the software in any way that is against the law;
* share, publish, rent or lease the software, or provide the software as a
stand-alone offering for others to use.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
8. EXPORT RESTRICTIONS. You must comply with all domestic and international
export laws and regulations that apply to the software, which include
restrictions on destinations, end-users, and end use. For further information on
export restrictions, see https://www.microsoft.com/exporting .
9. APPLICABLE LAW. If you acquired the software in the United States, Washington
law applies to interpretation of and claims for breach of this agreement, and
the laws of the state where you live apply to all other claims. If you acquired
the software in any other country, its laws apply.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal
rights. You may have other rights, including consumer rights, under the laws of
your state or country. Separate and apart from your relationship with Microsoft,
you may also have rights with respect to the party from which you acquired the
software. This agreement does not change those other rights if the laws of your
state or country do not permit it to do so. For example, if you acquired the
software in one of the below regions, or mandatory country law applies, then the
following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving
updates by turning off the automatic update feature, disconnecting your device
from the Internet (if and when you re-connect to the Internet, however, the
software will resume checking for and installing updates), or uninstalling the
software. The product documentation, if any, may also specify how to turn off
updates for your specific device or software.
c. Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory
law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the compliance
with which a party may constantly trust in (so-called "cardinal obligations").
In other cases of slight negligence, Microsoft will not be liable for slight
negligence.
11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk
of using it. Microsoft gives no express warranties, guarantees or conditions. To
the extent permitted under your local laws, Microsoft excludes the implied
warranties of merchantability, fitness for a particular purpose and non-
infringement.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and
its suppliers only direct damages up to U.S. $5.00. You cannot recover any other
damages, including consequential, lost profits, special, indirect or incidental
damages. This limitation applies to (a) anything related to the software,
services, content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other tort to the
extent permitted by applicable law. It also applies even if Microsoft knew or
should have known about the possibility of the damages. The above limitation or
exclusion may not apply to you because your state or country may not allow the
exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO CODE
These license terms are an agreement between Microsoft Corporation (or based on
where you live, one of its affiliates) and you. They apply to the software named
above. The terms also apply to any Microsoft services or updates for the
software, except to the extent those have additional terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
a. General. You may use any number of copies of the software to develop and test
your applications, including deployment within your internal corporate network.
b. Demo use. The uses permitted above include use of the software in demonstrating
your applications.
c. Backup copy. You may make one or more backup copies of the software, for
reinstalling the software.
d. Third Party Programs. The software may include third party components with
separate legal notices or governed by other agreements, as described in the
ThirdPartyNotices file accompanying the software. Even if such components are
governed by other agreements, the disclaimers and the limitations on and
exclusions of damages below also apply.
The software contains third party components licensed under open source licenses
with source code availability obligations. Copies of those licenses are included
in the ThirdPartyNotices file or accompanying credits file. You may obtain the
complete corresponding source code from us if and as required under the relevant
open source licenses by sending a money order or check for $5.00 to: Source Code
Compliance Team, Microsoft Corporation, 1 Microsoft Way, Redmond, WA 98052 USA.
Please write "third party source code for Visual Studio Code" in the memo line
of your payment. We may also make the source available at
http://thirdpartysource.microsoft.com/.
e. Extensions.The software gives you the option to download other Microsoft and
third party software packages from our extension marketplace or package
managers. Those packages are under their own licenses, and not this agreement.
Microsoft does not distribute, license or provide any warranties for any of the
third party packages.
2. DATA. The software may collect information about you and your use of the
software, and send that to Microsoft. Microsoft may use this information to
provide services and improve our products and services. There may also be some
features in the software that enable you to collect data from users of your
applications. If you use these features to enable data collection in your
applications, you must comply with applicable law, including providing
appropriate notices to users of your applications.
You can learn more about data collection and use in the help documentation and
the privacy statement at
http://go.microsoft.com/fwlink/?LinkID=528096&clcid=0x409. Your use of the
software operates as your consent to these practices.
3. UPDATES. The software may install automatic updates. By using the software,
you agree to receive automatic updates without any additional notice, and permit
Microsoft to download and install them for you. If you do not want automatic
updates, you may turn them off by following the instructions in the
documentation at http://go.microsoft.com/fwlink/?LinkID=616397.
4. FEEDBACK. If you give feedback about the software to Microsoft, you give to
Microsoft, without charge, the right to use, share and commercialize your
feedback in any way and for any purpose. You will not give feedback that is
subject to a license that requires Microsoft to license its software or
documentation to third parties because we include your feedback in them. These
rights survive this agreement.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that only allow you
to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or otherwise attempt
to derive the source code for the software except, and solely to the extent: (i)
permitted by applicable law, despite this limitation; or (ii) required to debug
changes to any libraries licensed under the GNU Lesser General Public License
which are included with and linked to by the software;
* remove, minimize, block or modify any notices of Microsoft or its suppliers in
the software;
* use the software in any way that is against the law; or
* share, publish, or lend the software, or provide it as a hosted solution for
others to use, or transfer the software or this agreement to any third party.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
8. EXPORT RESTRICTIONS. Microsoft software, online services, professional
services and related technology are subject to U.S. export jurisdiction. You
must comply with all applicable international and national laws including the
U.S. Export Administration Regulations, the International Traffic in Arms
Regulations, Office of Foreign Assets Control sanction programs, and end-user,
end use and destination restrictions by the U.S. and other governments related
to Microsoft products, services and technologies. For additional information,
see http://www.microsoft.com/exporting.
9. APPLICABLE LAW. If you acquired the software in the United States, Washington
law applies to interpretation of and claims for breach of this agreement, and
the laws of the state where you live apply to all other claims. If you acquired
the software in any other country, its laws apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have
other rights under the laws of your state or country. This agreement does not
change your rights under the laws of your state or country if the laws of your
state or country do not permit it to do so. Without limiting the foregoing, for
Australia, YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND
NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS."" YOU BEAR THE RISK
OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO
THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND
ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER
DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL
DAMAGES.
This limitation applies to (a) anything related to the software, services,
content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other tort to the
extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your state or country may not allow the exclusion or limitation of
incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO ADD-ONs and EXTENSIONS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software to use solely with
* Visual Studio Community
* Visual Studio Professional
* Visual Studio Enterprise
* Visual Studio Code
2. TERMS FOR SPECIFIC COMPONENTS.
a. Microsoft Platforms. The software may include components from Microsoft Windows, Microsoft Windows Server, Microsoft SQL Server, Microsoft Exchange, Microsoft Office, or Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft Licenses folder accompanying the software, except that, if license terms for those components are also included in the associated installation directory, those license terms control.
b. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
c. Package Managers. The software includes package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your applications. Those packages are under their own licenses, and not these license terms. Microsoft does not distribute, license or provide any warranties for any of the third party packages.
3. DATA.
a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the software documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications and you should provide a copy of Microsoft's privacy statement to your users. The Microsoft privacy statement is located here https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use from the software documentation and our privacy statement. Your use of the software operates as your consent to these practices.
b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
4. SCOPE OF LICENSE. The software is licensed, not sold. These license terms only give you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in these license terms. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. In addition, you may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent required by third party licensing terms governing the use of certain open source components that may be included in the software;
* remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
* use the software in any way that is against the law;
* share, publish, rent, or lease the software; or
* provide the software as a stand-alone offering or combine it with any of your applications for others to use, or transfer the software or this agreement to any third party.
5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is", we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
9. CONSUMER RIGHTS; REGIONAL VARIATIONS. These license terms describe certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in the case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the preceding sentence (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS". YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WEB DEVELOPER TOOLS 1.0
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the software for use with your ASP.NET programs on your devices running validly licensed copies of Microsoft Visual Studio. You may modify, copy and distribute or deploy any .js files contained in the software as part of your ASP.NET programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. In addition to the .js files described above, the software contains code that you are permitted to distribute in ASP.NET programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
· You may copy and distribute the object code form of code and files listed below.
· Microsoft.AspNet.Membership.OpenAuth.dll
· Microsoft.ScriptManager.WebForms.dII
· Microsoft.ScriptManager.MSAjax.dII
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than the Windows platform;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. THIRD PARTY NOTICES. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· transfer the software or this agreement to any third party.
6. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
9. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
13. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE
FOR WINDOWS CONTAINER BASE IMAGE
This Supplemental License is for the Windows Container Base Image ("Container Image"). If you comply with the terms of this Supplemental License you may use the Container Image as described below.
The Container Image may only be used with a validly licensed copy of:
* Windows Server Standard or Windows Server Datacenter software (collectively "Server Host Software"), or
* Microsoft Windows Operating System (version 10) software ("Client Host Software"), or
* Windows 10 IoT Enterprise and Windows 10 IoT Core (collectively "IoT Host Software").
The Server Host Software, Client Host Software, and IoT Host Software are collectively referred to as the "Host Software" and a license for Host Software is a "Host License".
You may not use the Container Image if you do not have a corresponding version and edition of the Host License. Certain restrictions and additional terms may apply, which are described herein. If licensing terms herein conflict with Host License, then this Supplemental License shall govern with respect to the Container Image. BY ACCEPTING THIS SUPPLEMENTAL LICENSE OR USING THE CONTAINER IMAGE, YOU AGREE TO ALL OF THESE TERMS. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE CONTAINER IMAGE.
DEFINITIONS
Windows Server Container (without Hyper-V isolation) is a feature of Microsoft Windows Server software.
Windows Server Container with Hyper-V isolation.[0] Section 2(k) of the Microsoft Windows Server (version 10) license terms is hereby deleted in its entirety and replaced with the revised terms as shown in "UPDATED" below.
UPDATED: Windows Server Container with Hyper-V isolation (formerly known as Hyper-V Container) is a container technology in Windows Server which utilizes a virtual operating system environment to host one or more Windows Server Container(s). Each Hyper-V isolation instance used to host one or more Windows Server Container(s) is considered one virtual operating system environment.
LICENSE TERMS
Host License. The Host License terms apply to your use of the Container Image and any Windows container(s) created with the Container Image which are distinct and separate from a virtual machine.
Use Rights. The Container Image may be used to create an isolated virtualized Windows operating system environment that includes at least one application that adds primary and significant functionality. You may use the Container Image only to create, build, and run Windows container(s) on Host Software. Updates to the Host Software may not update the Container Image so you may re-create any Windows containers based on an updated Container Image.
Restrictions. You may not remove this Supplemental License document file from the Container Image. You may not enable remote access to the application(s) you run within your container to avoid applicable license fees. You may not reverse engineer, decompile, or disassemble the Container Image, or attempt to do so, except and only to the extent required by third party licensing terms governing the use of certain open-source components that may be included with the software. Additional restrictions in the Host License may apply.
ADDITIONAL TERMS
Client Host Software. When running a Container Image on Client Host Software you may run any number of the Container Image instantiated as Windows containers for test or development purposes only. You may not use these Windows containers in a production environment on Client Host Software.
IoT Host Software. When running a Container Image on IoT Host Software you may run any number of the Container Image instantiated as Windows containers for test or development purposes only. You may only use the Container Image in a production environment if you have agreed to the Microsoft Commercial Terms of Use for Windows 10 Core Runtime Images or the Windows 10 IoT Enterprise Device License ("Windows IoT Commercial Agreement"). Additional terms and restrictions in the Windows IoT Commercial Agreements apply to your use of Container Image in a production environment.
Third Party Software. The Container Image may include third party applications that are licensed to you under this Supplemental License or under their own terms. License terms, notices, and acknowledgements, if any, for the third-party applications may be accessible online at http://aka.ms/thirdpartynotices or in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages in the Host License also apply to the extent allowed by applicable law.
Open Source Components. The Container Image may contain third party copyrighted software licensed under open source licenses with source code availability obligations. Copies of those licenses are included in the ThirdPartyNotices file or other accompanying notices file. You may obtain the complete corresponding source code from Microsoft if and as required under the relevant open source license by sending a money order or check for $5.00 to: Source Code Compliance Team, Microsoft Corporation, 1 Microsoft Way, Redmond, WA 98052, USA. Please include the name "Microsoft Software Supplemental License for Windows Container base image", the open source component name and version number in the memo line of your payment. You may also find a copy of the source at http://aka.ms/getsource.
MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS DRIVER KIT
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs.
b. Included Microsoft Programs. The software contains other Microsoft programs. In some cases, those programs and the license terms that apply to your use of them are addressed specifically in these license terms. For all other included Microsoft programs, these license terms govern your use.
c. Device Simulation Framework. One user may install and use any number of copies of the Device Simulation Framework on your devices for the sole purpose of testing the interoperability of your devices, drivers and firmware with Windows. For the avoidance of doubt, the Device Simulation Framework shall not be used for testing software you have designed and developed using a software development kit other than the Windows Driver Kit.
d. Third Party Programs. The software contains third party programs. These license terms as well as any license terms accompanying the third party program files apply to your use of them.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in
programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
Sample Code. You may modify, copy and distribute only in object code form the sample code found in the SRC directory of the Windows Driver Kit, except that you may also modify, copy, and distribute in source code form the sample code listed in the SAMPLES.TXT file.
Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at least
as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your
programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that the code be disclosed or distributed in source code form; or others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
WINDOWS IDENTITY FOUNDATION FOR MICROSOFT WINDOWS OPERATING SYSTEMS
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating systems software (for which this supplement is applicable) (the "software"), you may use this supplement. You may not use it if you do not have a license for the software. You may use this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.
If you comply with these license terms, you have the rights below.
1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. "Distributable Code" is code that you are permitted to distribute in programs you develop if you comply with the terms below.
a. Right to Use and Distribute.
• You may copy and distribute the object code form of the supplement.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
b. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
• distribute Distributable Code included in a setup program only as part of that setup program without modification;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
c. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx.
Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, les termes de cette licence sont fournis ci-dessous en français.TERMES DU CONTRAT DE LICENCE D’UN SUPPLÉMENT MICROSOFT
WINDOWS IDENTITY FOUNDATION POUR MICROSOFT WINDOWS OPERATING SYSTEMS
Microsoft Corporation (ou en fonction du lieu où vous vivez, l’un de ses affiliés) vous accorde une licence pour ce supplément. Si vous êtes titulaire d’une licence d’utilisation du logiciel Microsoft Windows operating systems (auquel s’applique ce supplément) (le « logiciel »), vous pouvez utiliser ce supplément. Vous n’êtes pas autorisé à utiliser ce supplément si vous n’êtes pas titulaire d’une licence pour le logiciel. Vous pouvez utiliser une copie de ce supplément avec chaque copie concédée sous licence du logiciel.
Les conditions de licence suivantes décrivent les conditions d’utilisation supplémentaires applicables pour ce supplément. Les présentes conditions et les conditions de licence pour le logiciel s'appliquent à l'utilisation du supplément. En cas de conflit, les présentes conditions de licence supplémentaires s’appliquent.
En utilisant ce supplément, vous acceptez ces termes. Si vous ne les acceptez pas, n’utilisez pas ce supplément.
Dans le cadre du présent accord de licence, vous disposez des droits ci-dessous.
1. CODE DISTRIBUABLE. Le supplément constitue du Code Distribuable. Le « Code Distribuable » est le code que vous êtes autorisé à distribuer dans les programmes que vous développez, sous réserve de vous conformer aux termes ci-après.
a. Droit d’utilisation et de distribution.
• Vous êtes autorisé à copier et à distribuer la version en code objet du supplément.
• Distribution par des tierces parties. Vous pouvez autoriser les distributeurs de vos programmes à copier et à distribuer le code distribuable en tant que partie intégrante de ces programmes.
b. Conditions de distribution. Pour pouvoir distribuer du code distribuable, vous devez :
• y ajouter des fonctionnalités importantes au sein de vos programmes,
• pour tout Code distribuable dont l’extension de nom de fichier est .lib, distribuer seulement les résultats de l’exécution de ce Code distribuable à l’aide d’un éditeur de liens avec votre programme ;
• distribuer le Code distribuable inclus dans un programme d’installation seulement en tant que partie intégrante de ce programme sans modification ;
• lier les distributeurs et les utilisateurs externes par un contrat dont les termes les protègent autant que le présent contrat,
• afficher votre propre mention de droits d’auteur valable sur vos programmes et
• garantir et défendre Microsoft contre toute réclamation, y compris pour les honoraires d’avocats, qui résulterait de la distribution ou l’utilisation de vos programmes.
c. Restrictions de distribution. Vous n’êtes pas autorisé à :
• modifier toute mention de droits d’auteur, de marques ou de droits de propriété industrielle pouvant figurer dans le code distribuable,
• utiliser les marques de Microsoft dans les noms de vos programmes ou d’une façon qui suggère que vos programmes sont fournis par Microsoft ou sous la responsabilité de Microsoft,
• distribuer le Code distribuable en vue de son exécution sur une plate-forme autre que la plate-forme Windows,
• inclure le Code distribuable dans des programmes malveillants, trompeurs ou interdits par la loi, ou
• modifier ou distribuer le code source de code distribuable de manière à ce qu’il fasse l’objet, en partie ou dans son intégralité, d’une Licence Exclue. Une Licence Exclue implique comme condition d’utilisation, de modification ou de distribution, que :
• le code soit dévoilé ou distribué dans sa forme de code source, ou
• d’autres aient le droit de le modifier.
2. SERVICES D’ASSISTANCE TECHNIQUE POUR LE SUPPLÉMENT. Microsoft fournit des services d’assistance technique pour ce logiciel disponibles sur le site www.support.microsoft.com/common/international.aspx.
Last updated June 2018
MICROSOFT SOFTWARE LICENSE TERMS
WINDOWS OPERATING SYSTEM
IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 11. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Thank you for choosing Microsoft!
Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or, if a business, where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft. Note that if you are a volume license customer, use of this software is subject to your volume license agreement rather than this agreement.
This agreement describes your rights and the conditions upon which you may use the Windows software. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement that applies to you. You can review linked terms by pasting the (aka.ms/) link into a browser window.
By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.
1. Overview.
a. Applicability. This agreement applies to the Windows software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Microsoft updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Windows apps developed by Microsoft that provide functionality such as mail, contacts, music and photos that are included with and are a part of Windows. If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply.
b. Additional terms. Additional Microsoft and third-party terms may apply to your use of certain features, services and apps, depending on your device’s capabilities, how it is configured, and how you use it. Please be sure to read them.
(i) Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement at (aka.ms/msa). You can view these terms and policies by looking at the service terms of use or the app’s settings, as applicable. The services may not be available in all regions.
(ii) Microsoft, the device manufacturer or installer may include additional apps, which will be subject to separate license terms and privacy policies.
(iii) The software includes Adobe Flash Player that is licensed under terms from Adobe Systems Incorporated at (aka.ms/adobeflash). Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
(iv) The software may include third-party programs that are licensed to you under this agreement, or under their own terms. License terms, notices and acknowledgements, if any, for the third-party programs can be viewed at (aka.ms/thirdpartynotices).
(v) To the extent included with Windows, Word, Excel, PowerPoint and OneNote are licensed for your personal, non-commercial use, unless you have commercial use rights under a separate agreement.
2. Installation and Use Rights.
a. License. The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your device (the licensed device), for use by one person at a time, so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software from Microsoft or authorized sources does not make your original version or the updated/upgraded version genuine, and in that situation, you do not have a license to use the software.
b. Device. In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device.
c. Restrictions. The device manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:
(i) use or virtualize features of the software separately;
(ii) publish, copy (other than the permitted backup copy), rent, lease, or lend the software;
(iii) transfer the software (except as permitted by this agreement);
(iv) work around any technical restrictions or limitations in the software;
(v) use the software as server software, for commercial hosting, make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users;
(vi) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software; or (c) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software; and
(vii) when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
d. Multi use scenarios.
(i) Multiple versions. If when acquiring the software you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time.
(ii) Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using.
(iii) Device connections. You may allow up to 20 other devices to access the software installed on the licensed device for the purpose of using the following software features: file services, print services, Internet information services, and Internet connection sharing and telephony services on the licensed device. You may allow any number of devices to access the software on the licensed device to synchronize data between devices. This section does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this section), on any of these other devices.
(iv) Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance.
(v) Remote access. No more than once every 90 days, you may designate a single user who physically uses the licensed device as the licensed user. The licensed user may access the licensed device from another device using remote access technologies. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software.
(vi) Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems.
e. Backup copy. You may make a single copy of the software for backup purposes, and may also use that backup copy to transfer the software if it was acquired as stand-alone software, as described in Section 4 below.
3. Privacy; Consent to Use of Data. Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement (aka.ms/privacy), and as may be described in the user interface associated with the software features.
4. Transfer. The provisions of this section do not apply if you acquired the software in Germany or in any of the countries listed on this site (aka.ms/transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
a. Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
b. Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.
5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails, the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed, see (aka.ms/genuine). Certain updates, support, and other services might only be offered to users of genuine Microsoft software.
6. Updates. The software periodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice.
7. Downgrade Rights. If you acquired a device from a manufacturer or installer with a Professional version of Windows preinstalled on it and it is configured to run in full feature mode, you may use either a Windows 8.1 Pro or Windows 7 Professional version, but only for so long as Microsoft provides support for that earlier version as set forth in (aka.ms/windowslifecycle). This agreement applies to your use of the earlier versions. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of such components. Neither the device manufacturer or installer, nor Microsoft, is obligated to supply earlier versions to you. You must obtain the earlier version separately, for which you may be charged a fee. At any time, you may replace an earlier version with the version you originally acquired.
8. Export Restrictions. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit (aka.ms/exporting).
9. Warranty, Disclaimer, Remedy, Damages and Procedures.
a. Limited Warranty. Depending on how you obtained the Windows software, Microsoft, or the device manufacturer or installer, warrants that properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond the reasonable control of Microsoft, or the device manufacturer or installer. The limited warranty starts when the first user acquires the software, and lasts for one year if acquired from Microsoft, or for 90 days if acquired from a device manufacturer or installer. If you obtain updates or supplements directly from Microsoft during the 90-day term of the device manufacturer’s or installer’s limited warranty, Microsoft provides the limited warranty for those updates or supplements. Any supplements, updates, or replacement software that you may receive from Microsoft during that year are also covered, but only for the remainder of that one-year period if acquired from Microsoft, or for 90 days if acquired from a device manufacturer or installer, or for 30 days, whichever is longer. Transferring the software will not extend the limited warranty.
b. Disclaimer. Neither Microsoft, nor the device manufacturer or installer, gives any other express warranties, guarantees, or conditions. Microsoft and the device manufacturer and installer exclude all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer term will apply, but you can recover only the remedies this agreement allows.
c. Limited Remedy. If Microsoft, or the device manufacturer or installer, breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. The device manufacturer or installer (or Microsoft if you acquired them directly from Microsoft) may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.
d. Damages. Except for any repair, replacement, or refund that Microsoft, or the device manufacturer or installer, may provide, you may not under this limited warranty, under any other part of this agreement, or under any theory, recover any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement, or a refund does not fully compensate you for any losses, if Microsoft, or the device manufacturer or installer, knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from Microsoft, or the device manufacturer or installer, even though this agreement does not, you cannot recover more than you paid for the software (or up to $50 USD if you acquired the software for no charge).
e. Warranty and Refund Procedures. For service or refund, you must provide a copy of your proof of purchase and comply with Microsoft’s return policies if you acquired the software from Microsoft, or the device manufacturer’s or installer’s return policies if you acquired the software from a device manufacturer or installer. If you purchased stand-alone software, those return policies might require you to uninstall the software and return it to Microsoft. If you acquired the software pre-installed on a device, those return policies may require return of the software with the entire device on which the software is installed; the certificate of authenticity label including the product key (if provided with your device) must remain affixed. Contact the device manufacturer or installer at the address or toll-free telephone number provided with your device to find out how to obtain warranty service for the software. If Microsoft is your device manufacturer or if you acquired the software from a retailer, contact Microsoft at:
(i) United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States or Canada, contact Microsoft via telephone at (800) MICROSOFT; via mail at Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or visit (aka.ms/nareturns).
(ii) Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, contact either Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland, or the Microsoft affiliate serving your country (aka.ms/msoffices).
(iii) Australia. If you acquired the software in Australia, contact Microsoft to make a claim at 13 20 58; or Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia.
(iv) Other countries. If you acquired the software in another country, contact the Microsoft affiliate serving your country (aka.ms/msoffices).
10. Support.
a. For software preinstalled on a device. For the software generally, contact the device manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft may provide limited support services for properly licensed software as described at (aka.ms/mssupport).
b. For software acquired from a retailer. Microsoft provides limited support services for properly licensed software as described at (aka.ms/mssupport).
11. Binding Arbitration and Class Action Waiver if You Live in (or, if a Business, Your Principal Place of Business is in) the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Microsoft, the device manufacturer, and software installer.
a. Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the device manufacturer or installer, or you and Microsoft, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to the device manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: CELA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at (aka.ms/disputeform). We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s requirements, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or our principal place of business—King County, Washington USA if your dispute is with Microsoft.
d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer Arbitration Rules). For more information, see (aka.ms/adr) or call 1-800-778-7879. To start an arbitration, submit the form available at (aka.ms/arbitration) to the AAA; mail a copy to the device manufacturer or installer (or to Microsoft if your dispute is with Microsoft). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
e. Arbitration fees and payments.
(i) Disputes involving $75,000 USD or less. The device manufacturer or installer (or Microsoft if your dispute is with Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, the device manufacturer or installer (or Microsoft if your dispute is with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
(ii) Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes — see Section 11.a.) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. Severability. If any part of Section 11 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, Section 11 will be unenforceable in its entirety.
h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
i. Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-party beneficiary of your agreement with the device manufacturer or installer to resolve disputes through informal negotiation and arbitration.
12. Governing Law. The laws of the state or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration.
13. Consumer Rights, Regional Variations. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. References to “Limited Warranty” are references to the express warranty provided by Microsoft or the device manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies under the Australian Consumer Law consumer guarantees. Nothing in this agreement limits or changes those rights and remedies. In particular:.
(i) the provisions excluding and limiting warranties, guarantees, damages and remedies, and limiting duration of your rights under local laws in Section 9 headed Warranty, Disclaimer, Remedy, Damages and Procedures do not apply to the Australian Consumer Law consumer guarantees and your rights and remedies under them;
(ii) support and refund policies referred to in Section 10 are subject to the Australian Consumer Law;
(iii) the Australian Consumer Law consumer guarantees apply to the evaluation software described in Section 14 d (ii) and the preview software described in Section 14 d (iv); and
(iv) our goods come with guarantees that cannot be excluded under the Australian Consumer Law. In this section, “goods” refers to the software for which Microsoft, the device manufacturer or installer provides the express warranty. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To learn more about your rights under the Australian Consumer Law, please review the information at (aka.ms/acl).
b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates.
c. European Union. The academic use restriction in Section 14.d(i) below does not apply in the jurisdictions listed on this site: (aka.ms/academicuse).
d. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, the device manufacturer or installer, and Microsoft, give no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the device manufacturer or installer, or Microsoft is liable according to the statutory law.
Subject to the preceding sentence, the device manufacturer or installer, or Microsoft will only be liable for slight negligence if the device manufacturer or installer or Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, the device manufacturer or installer or Microsoft will not be liable for slight negligence.
e. Other regions. See (aka.ms/variations) for a current list of regional variations.
14. Additional Notices.
a. Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. Certain features of the software may help you access the Internet more efficiently, but the software’s usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so.
b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE (AKA.MS/MPEGLA).
c. Malware protection. Microsoft cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired. To do so, other antimalware software will be disabled or may have to be removed.
d. Limited rights versions. If the software version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the software for commercial, non-profit, or revenue-generating activities.
(i) Academic. For academic use, you must be a student, faculty or staff of an educational institution at the time of purchase.
(ii) Evaluation. For evaluation (or test or demonstration) use, you may not sell the software, use it in a live operating environment, or use it after the evaluation period. Notwithstanding anything to the contrary in this Agreement, evaluation software is provided “AS IS” and no warranty, implied or express (including the Limited Warranty), applies to these versions.
(iii) NFR. You may not sell software marked as “NFR” or “Not for Resale”.
(iv) Preview. You may choose to use preview, insider, beta, or other pre-release versions of the software (“previews”) that Microsoft may make available. You may use previews only up to the software’s expiration date and so long as you comply with all the terms of this agreement. Previews are experimental and may be substantially different from the commercially released version. Notwithstanding anything to the contrary in this agreement, previews are provided “AS IS,” and no warranty, implied or express (including the Limited Warranty), applies to these versions. By installing previews on your device, you may void or impact your device warranty and may not be entitled to support from your device manufacturer or network operator, if applicable. Microsoft is not responsible for any damage thereby caused to you. Microsoft may not provide support services for previews. If you provide Microsoft comments, suggestions or other feedback about the preview (“submission”), you grant Microsoft and its partners rights to use the submission in any way and for any purpose.
15. Entire Agreement. This agreement (together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the device manufacturer or installer, or Microsoft, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the device manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to (aka.ms/useterms) or going to Settings - System - About within the software. You can also review the terms at any of the links in this agreement by typing the URLs into a browser address bar, and you agree to do so. You agree that you will read the terms before using the software or services, including any linked terms. You understand that by using the software and services, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing notices and binding terms are:
· Microsoft Privacy Statement (aka.ms/privacy)
· Microsoft Services Agreement (aka.ms/msa)
· Adobe Flash Player License Terms (aka.ms/adobeflash)
Microsoft Windows SDK for Windows Server 2008 and .NET Framework 3.5 License
MICROSOFT SOFTWARE LICENSE TERMS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Microsoft Windows operating system.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute.
The code and text files listed below are "Distributable Code."
REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
Sample Code. You may modify, copy, and distribute the source and object code form of code marked as "sample."
Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute,
you must
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your application;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs;
for Distributable Code from the Windows Media Services SDK portions of the software, include in your program’s Help-About box (or in another obvious place if there is no box) the following copyright notice: "Portions utilize Microsoft Windows Media Technologies. Copyright (c) 2006 Microsoft Corporation. All Rights Reserved"; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions.
You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
b. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET Framework 3.5 (".NET Components"). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.
5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights <http://www.microsoft.com/licensing/userights>.
You may not
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.
6. CODE GENERATION AND OPTIMIZATION TOOLS. You may not use the code generation or optimization tools in the software (such as compilers, linkers, assemblers, runtime code generators, and
code generating design and modeling tools) to create programs, object code, libraries, assemblies, or executables to run on a platform other than Microsoft operating systems, run-time technologies, or application platforms.
7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
10. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting <http://www.microsoft.com/exporting>.
11. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
12. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
13. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
15. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
<French text omitted.>
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT (SDK) FOR WINDOWS 10
_______________________________________________________________________________________________________
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• APIs (i.e., APIs included with the installation of the SDK or APIs accessed by installing extension packages or service to use with the SDK),
• updates,
• supplements,
• internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
________________________________________________________________________________________________
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. You may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Microsoft operating system. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your programs that run on a Microsoft operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to terms that protect the software as much as these license terms.
b. Utilities. The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=524839. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. Except as otherwise provided on the Utilities List for specific files, you may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a third party machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine. We may add additional files to this list from time to time.
c. Build Services and Enterprise Build Servers. You may install and use any number of copies of the software onto your build machines or servers, solely for the purpose of:
i. Compiling, building, verifying and archiving your programs;
ii. Creating and configuring build systems internal to your organization to support your internal build environment; or
iii. Enabling a service for third parties to design, develop and test programs or services that run on a Microsoft operating system.
d. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them.
e. Third Party Notices. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Notices, if any, for this third party code are included with the software and may be located at http://aka.ms/thirdpartynotices.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and test files listed below are “Distributable Code”.
• REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus the files listed on the REDIST.TXT list located at http://go.microsoft.com/fwlink/?LinkId=524842. Depending on the specific edition of the software, the number of REDIST files you receive with the software may not be equal to the number of REDIST files listed in the REDIST.TXT List. We may add additional files to the list from time to time.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• Add significant primary functionality to it in your programs;
• For any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
• Distribute Distributable Code included in a setup program only as part of that setup program without modification;
• Require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• For Distributable Code from the Windows Performance Toolkit portions of the software, distribute the unmodified software package as a whole with your programs, with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs;
• Display your valid copyright notice on your programs; and
• Indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
• Alter any copyright, trademark or patent notice in the Distributable Code;
• Use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• Distribute partial copies of the Windows Performance Toolkit portion of the software package with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs;
• Distribute Distributable Code to run on a platform other than the Microsoft operating system platform;
• Include Distributable Code in malicious, deceptive or unlawful programs; or
• Modified or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. And Excluded License is on that requir3es, as a condition of use, modification or distribution, that
▪ The code be disclosed or distributed in source code form; or
▪ Others have the right to modify it.
b. Additional Rights and Restrictions for Features made Available with the Software.
i. Windows App Requirements. If you intend to make your program available in the Windows Store, the program must comply with the Certification Requirements as defined and described in the App Developer Agreement, currently available at: https://msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx.
ii. Bing Maps. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the entity information including business names, addresses and geocodes available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imager (or associated metadata) even if available through the Bing Maps API for any purpose. Your use of the Bing Maps API and associated content is also subject to the additional terms and conditions at http://go.microsoft.com/fwlink/?LinkId=21969.
iii. Additional Mapping APIs. The software may include application programming interfaces that provide maps and other related mapping features and services that are not provided by Bing (the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional terms and conditions and may require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs. These terms and conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related to the use of such Additional Mapping APIs.
iv. Push Notifications. The Microsoft Push Notification Service may not be used to send notifications that are mission critical or otherwise could affect matters of life or death, including without limitation critical notifications related to a medical device or condition. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE USE OF THE MICROSOFT PUSH NOTIFICATION SERVICE OR DELIVERY OF MICROSOFT PUSH NOTIFICATION SERVICE NOTIFICATIONS WILL BE UNINTERRUPTED, ERROR FREE, OR OTHERWISE GUARANTEED TO OCCUR ON A REAL-TIME BASIS.
v. Speech namespace API. Using speech recognition functionality via the Speech namespace APIs in a program requires the support of a speech recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to grammar size and string phrases in a grammar.
Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application.
vi. PlayReady Support. The software may include the Windows Emulator, which contains Microsoft’s PlayReady content access technology. Content owners use Microsoft PlayReady content access technology to protect their intellectual property, including copyrighted content. This software uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. Microsoft may decide to revoke the software’s ability to consume PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii) if Content owners require the revocation because the software fails to properly enforce restrictions on content usage. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install other operating system updates or upgrades.
vii. Package Managers. The software may include package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages.
viii. Font Components. While the software is running, you may use its fonts to display and print content. You may only embed fonts in content as permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to help print content.
ix. Notice about the H.264/AVD Visual Standard, and the VC-1 Video Standard. This software may include H.264/MPEG-4 AVC and/or VD-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below and in the privacy statement at http://go.microsoft.com/fwlink/?LinkId=521839 connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them as described in the applicable product documentation. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser, and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.
• Software Use and Performance. This software collects info about your hardware and how you use the software and automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well, but this information in reports or any info collected about hardware or your software use will not be used to identify or contact you.
• Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encryption information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.
• Windows Application Certification Kit. To ensure you have the latest certification tests, when launched this software periodically checks a Windows Application Certification Kit file on download.microsft.com to see if an update is available. If an update is found, you are prompted and provided a link to a web site where you can download the update. You may use the Windows Application Certification Kit solely to test your programs before you submit them for a potential Microsoft Windows Certification and for inclusion on the Microsoft Windows Store. The results you receive are for informational purposes only. Microsoft has no obligation to either (i) provide you with a Windows Certification for your programs and/or ii) include your program in the Microsoft Windows Store.
• Microsoft Digital Rights Management for Silverlight.
• If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically
• request media usage rights from a rights server on the Internet and
• download and install available DRM Updates.
• For more information about this feature, including instructions for turning the Automatic Updates off, go to http://go.microsoft.com/fwlink/?LinkId=147032.
1. Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance, help and Appshelp. You may choose not to use these web content features.
ii. Use of Information. We may use nformation collected about software use and performance to provide and improve Microsoft software and services as further described in Microsoft’s Privacy Statement available at: https://go.microsoft.com/fwlink/?LinkID=521839. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
iii. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
4. YOUR COMPLIANCE WITH PRIVACY AND DATA PROTECTION LAWS.
a. Personal Information Definition. "Personal Information" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b. Collecting Personal Information using Packaged and Add-on APIs. If you use any API to collect personal information from the software, you must comply with all laws and regulations applicable to your use of the data accessed through APIs including without limitation laws related to privacy, biometric data, data protection, and confidentiality of communications. Your use of the software is conditioned upon implementing and maintaining appropriate protections and measures for your applications and services, and that includes your responsibility to the data obtained through the use of APIs. For the data you obtained through any APIs, you must:
i. obtain all necessary consents before collecting and using data and only use the data for the limited purposes to which the user consented, including any consent to changes in use;
ii. In the event you’re storing data, ensure that data is kept up to date and implement corrections, restrictions to data, or the deletion of data as updated through packaged or add-on APIs or upon user request if required by applicable law;
iii. implement proper retention and deletion policies, including deleting all data when as directed by your users or as required by applicable law; and
iv. maintain and comply with a written statement available to your customers that describes your privacy practices regarding data and information you collect, use and that you share with any third parties.
c. Location Framework. The software may contain a location framework component or APIs that enable support of location services in programs. Programs that receive device location must comply with the requirements related to the Location Service APIs as described in the Microsoft Store Policies (https://docs.microsoft.com/en-us/legal/windows/agreements/store-policies). If you choose to collect device location data outside of the control of Windows system settings, you must obtain legally sufficient consent for your data practices, and such practices must comply with all other applicable laws and regulations.
d. Security. If your application or service collects, stores or transmits personal information, it must do so securely, by using modern cryptography methods.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• Except for the Microsoft .NET Framework, you must obtain Microsoft's prior written approval to disclose to a third party the results of any benchmark test of the software.
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. INDEPENDENT PARTIES. Microsoft and you are independent contractors. Nothing in this agreement shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between the parties.
12. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court. If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court.
13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
14. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Crete limitation concern:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
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EULAID:WIN10SDK.RTM.AUG_2018_en-US
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MICROSOFT SOFTWARE LICENSE TERMS
03/26/2021
Microsoft Enterprise Windows Driver Kit
Windows Software Developer Kit for Windows 10
Windows Driver Kit for Windows 10
Build Tools for Visual Studio 2017
IF YOU LIVE IN, OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN, THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20). IT AFFECTS HOW DISPUTES ARE RESOLVED.
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
updates,
supplements,
Internet-based services, and
support services,
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. *******************************************************************
If you comply with these license terms, you have the perpetual rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and use. One user may install and use any number of copies of the software on your devices to design, develop and test your device drivers and supporting components, as defined by DCHU. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your device drivers and supporting components, as defined by DCHU, that run on a Microsoft operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to terms that protect the software as much as these license terms.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms govern your use of included Microsoft programs.
c. Utilities. The software contains certain components that are identified in the Utilities List located https://go.microsoft.com/fwlink/?LinkId=524839. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. Except as otherwise provided on the Utilities List for specific files, you may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a third party machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine. We may add additional files to this list from time to time.
d. Build Server List. The software includes the Visual Studio 2017 Build Tools. It also contains certain components that are identified in the Build Server List located at https://go.microsoft.com/fwlink/?LinkId=524838. You may install copies of the Visual Studio 2017 Build Tools and copies of the files listed in the Build Server list, onto your build machines, solely for the purpose of compiling, building, verifying and archiving your device drivers. These components may only be used in order to create and configure build systems internal to your organization to support your internal build environment. These components do not provide external distribution rights to any of the software or enable you to provide a build environment as a service to third parties. We may add additional files to this list from time to time.
e. Third Party Programs. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only and may be found in the credits.rtf or ThirdPartyNotices.txt file associated with the software.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus any of the files listed on the REDIST list located at https://go.microsoft.com/fwlink/?LinkId=294840.
Third party distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
distribute Distributable Code included in a setup program only as part of that setup program without modification;
require distributors and external end users to agree to terms that protect it at least as much as this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
iv. Distribution Rights for Features made Available with the Software.
Windows App Requirements. If you intend to make your program available in the Microsoft Store, the program must comply with the Certification as defined and described in the App Developer Agreement, currently available at: msdn.microsoft.com/en-us/library/windows/apps/hh694058.aspx.
Bing Maps. The software may include features that retrieve content such as maps, images, and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the entity information including business names, addresses and geocodes available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Maps API and associated content is also subject to the additional terms and conditions at https://go.microsoft.com/fwlink/?LinkID=21969.
Additional Mapping APIs. The software may include application programming interfaces that provide maps and other related mapping features and services that are not provided by Bing (the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional terms and conditions and may require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs. These terms and conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related to the use of such Additional Mapping APIs.
Push Notifications. The Microsoft Push Notification Service may not be used to send notifications that are mission critical or otherwise could affect matters of life or death, including without limitation critical notifications related to a medical device or condition. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTIES THAT THE USE OF THE MICROSOFT PUSH NOTIFICATION SERVICE OR DELIVERY OF MICROSOFT PUSH NOTIFICATION SERVICE NOTIFICATIONS WILL BE UNINTERRUPTED, ERROR FREE, OR OTHERWISE GUARANTEED TO OCCUR ON A REAL-TIME BASIS.
Speech namespace API. Using speech recognition functionality via the Speech namespace APIs in a program requires the support of a speech recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to grammar size and string phrases in a grammar.
Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application.
API Use. We may monitor and collect data related to a program’s use of APIs in order to provide, improve and personalize Microsoft products and services. End user information collected by Microsoft’s monitoring and data collection related to your program’s use of APIs is subject to the Microsoft Consumer Privacy Statement.
Location Framework. The software may contain a location framework component that enables support of location services in programs. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the location framework component or the rest of the software.
Device ID Access. The software may contain a component that enables programs to access the device ID of the device that is running the program. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the device ID access component or the rest of the software.
PlayReady Support. The software may include the Windows Emulator, which contains Microsoft’s PlayReady content access technology. Content owners use Microsoft PlayReady content access technology to protect their intellectual property, including copyrighted content. This software uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. Microsoft may decide to revoke the software’s ability to consume PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii) if Content owners require the revocation because the software fails to properly enforce restrictions on content usage. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install other operating system updates or upgrades.
Package Managers. The software may include package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages.
Font Components. While the software is running, you may use its fonts to display and print content. You may only embed fonts in content as permitted by the embedding restrictions in the fonts; and temporarily download them to a printer or other output device to help print content.
Notice about the H.264/AVD Visual Standard, and the VC-1 Video Standard. This software may include H.264/MPEG-4 AVC and/or VD-1 decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
DATA. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the help documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
a. work around any technical limitations in the software;
b. reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
c. make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
d. publish the software for others to copy;
e. rent, lease or lend the software;
f. transfer the software or this agreement to any third party; or
g. use the software for commercial software hosting services.
.NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.
BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit (aka.ms/exporting).
SUPPORT SERVICES. We are not obligated under this agreement to provide any support services for the software. If we elect to do so, any such support is “as is”, “with all faults”, and without warranty of any kind.
BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE (OR, IF A BUSINESS, YOUR PRINCIPAL PLACE OF BUSINESS IS) IN THE UNITED STATES. If we have a dispute, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement and Class Action Waiver contains more terms and is at https://www.microsoft.com/en-us/legal/arbitration/default.aspx. You and we agree to these terms.
ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
a. This limitation applies to
i. anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
ii. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne :
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT FOR WINDOWS 7 and .NET FRAMEWORK 4
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Microsoft Windows operating system. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your programs that run on a Microsoft Windows operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to the terms that protect the software as much as these License terms.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code."
• REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files, plus any files listed on the REDIST list located at <http://go.microsoft.com/fwlink/?LinkID=185268&clcid=0x409>.
• Sample Code. You may modify, copy, and distribute the source and object code form of code marked as "sample."
• Sample Code for Microsoft Bing Maps AJAX Control. The software contains sample code that makes use of the Bing Maps AJAX Control. Your use and access of the Bing Maps AJAX Control is subject to the "Microsoft Bing Maps Platform API’s Terms of Use" which is located at: <http://go.microsoft.com/fwlink/?LinkID=185267&clcid=0x409>.
• Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your application;
• distribute Distributable Code included in a setup program only as part of that setup program without modification;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs;
• for Distributable Code from the Windows Media Services SDK portions of the software, include in your program’s Help-About box (or in another obvious place if there is no box) the following copyright notice: "Portions utilize Microsoft Windows Media Technologies. Copyright (c) 2006 Microsoft Corporation. All Rights Reserved"; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
b. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights <http://www.microsoft.com/licensing/userights>. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting <http://www.microsoft.com/exporting>.
9. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
13. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
(French text omitted)
Microsoft Windows Server 2003 DDK License
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
MICROSOFT WINDOWS SERVER 2003 DRIVER DEVELOPMENT KIT SERVICE PACK 1
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
1.1 General License Grant. Microsoft grants to you a personal, non-exclusive, nontransferable, royalty-free license to use the Software, and to make and use five (5) copies of the Software on one or more computers located at your premises solely for the purpose of designing, developing and testing drivers that operate in conjunction with the Software for use with Microsoft Windows 2000 Professional, Microsoft Windows 2000 Server, Microsoft Windows 2000 Advanced Server and Microsoft Windows 2000 Datacenter Server; Microsoft Windows XP, Microsoft Windows XP Service Pack 1; Microsoft Windows Server 2003 Standard Edition, Microsoft Windows Server 2003 Enterprise Edition and Microsoft Windows Server 2003 Datacenter Edition operating system products and any Microsoft operating system product that is a successor to any of the foregoing (each an "OS Product").
1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license limitations described in Section 3.
2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the Software identified as "Samples" in the Software ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object code form ("Redistributable Code"). For applicable redistribution requirements for Sample Code, see Section 3 below.
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with this Section 3.
(a) If you choose to redistribute Sample Code, or Redistributable Code (collectively, the "Redistributables") as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of software developed by you that adds significant and primary functionality to the Redistributables ("Licensee Software"); (ii) that the Redistributables only operate in conjunction with Microsoft Windows platforms; (iii) that if the Licensee Software is distributed beyond Licensee's premises or externally from Licensee's organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be "break-the-seal", "click-wrap" or signed), with terms no less protective than those contained in this EULA; (iv) not to use Microsoft's name, logo, or trademarks to market the Licensee Software; (v) to display your own valid copyright notice which shall be sufficient to protect Microsoft's copyright in the Software; (vi) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vii) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise comply with the terms of this EULA; and (ix) agree that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if (i) your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, (ii) you comply with all other terms of this EULA, and (ii) your distributors comply with all restrictions of this EULA that are applicable to you.
(b) If you use the Redistributable Code, then in addition to your compliance with the applicable distribution requirements described for the Redistributable Code, the following also applies. Your license rights to the Redistributable Code are conditioned upon your not (i) creating derivative works of the Redistributable Code in any manner that would cause the Redistributable Code in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributable Code (or derivative works thereof) in any manner that would cause the Redistributable Code to become subject to any of the terms of an Excluded License. An "Excluded License" is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.
(c) If you have developed, tested and submitted drivers for WQHL certification using the Windows Server 2003 Service Pack 1 Driver Development Kit Release Candidate 2 and such drivers have been certified, such drivers shall be considered Redistributables under this EULA.
4. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
7. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
8. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
9. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
10. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see <http://www.microsoft.com/exporting/>.
13. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
14. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
15. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
Microsoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 17 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
16. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 15, 16 AND 17) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
19. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
20. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be construed and controlled by the laws of the State of Washington, and you consent to the jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case you consent to the jurisdiction and venue in the Superior Court of King County, Washington. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either Microsoft or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
21. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
<French text omitted.>
Microsoft Windows Server 2003 SP1 Platform SDK License
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT PLATFORM SOFTWARE DEVELOPMENT KIT
FOR MICROSOFT WINDOWS SERVER 2003 SERVICE PACK 1
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft:
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
By using this software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below:
1. USE RIGHTS.
a. Use. You may install the software on any number of devices to design, develop and test your programs that run on a Microsoft Windows operating system.
b. Other Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them.
c. Distributable Code. The software contains code that you are permitted to copy and distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are "Distributable Code." You may:
• REDIST.TXT Files. Copy and distribute the object code form of code listed in REDIST.TXT files;
• Sample Code. Modify, copy and distribute the source and object code form of code marked as "sample" except for files identified as MFCs, ATLs and CRTs (see below);
• MFCs, ATLs and CRTs. Modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name; and
• Third Party Distribution. Permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must:
• add significant primary functionality to it in your programs;
• only invoke the software via interfaces described in the software documentation;
• for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your application;
• distribute Distributable Code included in a setup program only as part of that setup program without modification;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs;
• for Distributable Code from the Windows Media Services SDK portions of the software, include in your program’s Help-About box (or in another obvious place if there is no box) the following copyright notice: "Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2005 Microsoft Corporation. All Rights Reserved"; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not:
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that:
o the code be disclosed or distributed in source code form, or
o others have the right to modify it.
2. TRANSFER. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. You may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
• work around any technical limitations in the software,
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation,
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation,
• publish the software for others to copy,
• rent, lease or lend the software, or
• use the software for commercial software hosting services.
8. ENTIRE AGREEMENT. This agreement and the terms for supplements, updates, Internet-based services and support services that you use are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. The software is licensed "as-is". You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to:
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
<French text omitted>.
Microsoft WS Routing Specifications License WS/WS-Routing.xsd
Copyright 2001 Microsoft Corporation. All rights reserved.
The presentation, distribution or other dissemination of the information contained herein by Microsoft is not a license, either expressly or impliedly, to any intellectual property owned or controlled by Microsoft.
This document and the information contained herein is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, Microsoft provides the document AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the document. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE DOCUMENT.
IN NO EVENT WILL MICROSOFT BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS DOCUMENT, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Xamarin.UITest 3.2.0
License file
MICROSOFT SOFTWARE LICENSE TERMS
**Xamarin.UITest **
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
**1. INSTALLATION AND USE RIGHTS. **
You may install and use any number of copies of the software.
2. TERMS FOR SPECIFIC COMPONENTS.
a. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent required by third party licensing terms governing the use of certain open source components that may be included in the software;
* remove, minimize, block or modify any notices of Microsoft or its suppliers in the software;
* use the software in any way that is against the law; or
* share, publish, rent or lease the software, or provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.
4. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit www.microsoft.com/exporting.
5. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
7. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
8. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.
9. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Microsoft XML Core Services (MSXML) 4.0 EULA
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
Microsoft xml CORE SERVICES (MSXML) 4.0
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software identified above, which may include computer software, associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold.
The SOFTWARE consists of two elements: (1) XML Core Services component ("COMPONENT") which contains, among other items, files with ".dll" extensions which expose application programming interfaces that provide implementation to read, write, transform and make other manipulations with XML; and (2) MSXML software development kit ("SDK") which may include documentation, sample code, and other information designed to assist in the development of your applications.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. General. You may install and use any number of copies of the SOFTWARE on any number of computers, including workstations, terminals or other digital electronic devices, for the purpose of designing, developing and testing your application(s) which work in conjunction with XML ("Application(s)").
b. Sample Code. You may modify the portions of the SDK designated as "Sample Code" for the purpose of designing, developing and testing your Application.
c. Redistribution of SOFTWARE and/or COMPONENT. You may copy and redistribute the SOFTWARE (in its entirety) and/or the COMPONENT (in its entirety) either in conjunction with your Application or standalone in and of itself, subject to the following restrictions and limitations:
(i) If you redistribute the SOFTWARE and/or COMPONENT in their entirety, your copy must be a true and complete copy of the SOFTWARE and/or COMPONENT, including Microsoft’s set up and all copyright notices, logos, end user license agreement and/or trademarks that appear in the SOFTWARE and/or COMPONENT as received from Microsoft;
(ii) If you redistribute the SOFTWARE and/or COMPONENT in conjunction with your Application, your Application must include a valid copyright notice in your own name, which notice shall be sufficient to protect Microsoft’s copyright in the SOFTWARE and/or COMPONENT;
(iii) If you redistribute the SOFTWARE and/or COMPONENT in conjunction with your Application, and if your Application does not display Microsoft’s end user license agreement to your end user, then your Application must be accompanied by license terms that are at least as restrictive as, and as protective of Microsoft as, those contained in this EULA.;
(iv) You shall not use Microsoft’s name, logo or trademarks to market your Application;
(v) You shall not modify or alter the SOFTWARE and/or COMPONENT in any way; provided that you may merge those files in the SOFTWARE and/or COMPONENT with "msm" extensions into the "msm" files of your Application;
(vi) You shall not redistribute individual parts or files of the COMPONENT; you must redistribute the COMPONENT in its entirety;
(vii) You shall not redistribute the SDK separately; the SDK may only be redistributed as part of the SOFTWARE in its entirety; and
(viii) You agree to indemnify, hold harmless and defend Microsoft from and against any claims or lawsuits, including reasonable attorneys’ fees, which arise or result from your distribution of the SOFTWARE and/or COMPONENT and/or your Application.
d. Redistribution of Sample Code as Modified by You. You may copy and redistribute any Sample Code that you have modified as described in Section 1(b) above and incorporated into your Application, in both source code form and object code form, subject to the following restrictions and limitations:
(i) You shall distribute the modified Sample Code only in conjunction with and as part of an Application that adds significant and primary functionality to the Sample Code;
(ii) You shall not use Microsoft’s name, logo or trademarks to market your Application;
(iii) You shall to include a valid copyright notice in your own name in your Application, which notice shall be sufficient to protect Microsoft’s copyright in the modified Sample Code; and
(iv) You agree to indemnify, hold harmless and defend Microsoft from and against any claims or lawsuits including reasonable attorneys’ fees, which arise or result from the use or distribution of the modified Sample Code and/or your Application.
e. Identified Software. Your license rights to the SOFTWARE are conditioned upon your (a) not incorporating Identified Software into, or combining Identified Software with, the SOFTWARE, or a derivative work thereof; (b) not distributing Identified Software in conjunction with the SOFTWARE; and (c) not using Identified Software in the development of a derivative work of the SOFTWARE. "Identified Software" means software which is licensed pursuant to terms that directly or indirectly (i) create, or purport to create, obligations for Microsoft with respect to the SOFTWARE or derivative work thereof or (ii) grant, or purport to grant, to any third party any rights or immunities under Microsoft’s intellectual property or proprietary rights in the SOFTWARE or derivative work thereof. Identified Software includes, without limitation, any software that requires as a condition of use, modification and/or distribution of such software that other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.
f. Benchmark Testing. You may not disclose the results of any benchmark test using the SOFTWARE to any third party without Microsoft’s prior written approval.
g. Reservation of Rights. Microsoft reserves all rights not expressly granted herein.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3. NO RENTAL. You may not rent, lease, or lend the SOFTWARE.
4. SUPPORT SERVICES. In the event Microsoft does provide you with support services related to the SOFTWARE ("Support Services"), use of such Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
6. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), and any copies you are permitted to make herein are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
7. U.S. GOVERNMENT LICENSE RIGHTS. SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. You agree that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE including the U.S. Export Administration Regulations, as well as end-user, end use and destination restrictions issued by the U.S. and other governments. For additional information see http://www.microsoft.com/exporting/.
9. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide the SOFTWARE and any (if any) Support Services AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
12. APPLICABLE LAW. If you acquired this SOFTWARE in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE was acquired outside the United States, then local law may apply.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and Microsoft relating to the SOFTWARE and the Support Services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
14. QUESTIONS? Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
<French text omitted.>
IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Microsoft grants you a personal, nonexclusive, royalty-free license to install and use the Software for design, development, and testing purposes. You may install and use the Software on an unlimited number of computers so long as you are the only individual using the Software.
1.2 Solely with respect to the sample source code contained in the Software (“MS Samples”), Microsoft also grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the MS Samples for the sole purposes of designing, developing, and testing your software product(s), and (b) to reproduce and distribute the MS Samples, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for MS Samples, see Section 2 below.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 If you choose to redistribute the MS Samples, you agree: (i) to distribute the MS Samples only as a part of a software application product developed by you (“Licensee Software”); (ii) not to use Microsoft’s name, logo, or trademarks to market the Licensee Software; (iii) to display your own valid copyright notice which shall be sufficient to protect Microsoft’s copyright in the MS Samples; (iv) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Licensee Software; (v) not to permit further distribution of the MS Samples by your end users; and (vi) that Microsoft reserves all rights not expressly granted.
2.2 If you use the MS Samples, then the following also applies. Your license rights to the MS Samples are conditioned upon your (i) not incorporating Identified Software into, or combining Identified Software with, the MS Samples or a derivative work thereof; and (ii) not distributing Identified Software in conjunction with the MS Samples or a derivative work thereof. “Identified Software” means software which is licensed pursuant to terms that directly or indirectly (A) create, or purport to create, obligations for Microsoft with respect to the MS Samples or derivative work thereof or (B) grant, or purport to grant, to any third party any rights or immunities under Microsoft’s intellectual property or proprietary rights in the MS Samples or derivative work thereof. Identified Software includes, without limitation, any software that requires as a condition of its use, modification and/or distribution, that any other software incorporated into, derived from or distributed with such software must also be (1) disclosed or distributed in source code form; (2) licensed for the purpose of making derivative works; or (3) redistributable at no charge.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. SUPPORT SERVICES. No technical support will be provided for the Software.
6. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see <http://www.microsoft.com/exporting/>.
10. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
11. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
12. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide TO YOU the Software, and support services (if any) AS IS AND WITH ALL FAULTS; and Microsoft and its suppliers hereby disclaim all OTHER warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) IMPLIED warranties, DUTIES or conditions of MERCHANTABILITY, OF fitness for a particular purpose, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the PRODUCT, the provision of or failure to provide Support OR OTHER Services, informaton, software, and related CONTENT through the product or otherwise arising out of the use of the product, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility of such damages.
14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages IN CONTRACT OR ANYTHING ELSE), the entire liability of Microsoft and any of its suppliers under any provision of this Supplemental EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT actually paid by you for the Software or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the Eurpean Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
16. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Si vous avez acquis votre logiciel Microsoft au CANADA :
DÉNI DE GARANTIES. Dans la mesure maximale permise par les lois applicables, le Logiciel et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment, mais sans limitation, (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d’adaptation à une fin usage particulièere, de fiabilité ou de disponibilité, d’exactitude ou d’exhaustivité des réponses, des résultats, des efforts déployés selon les règles de l’art, d’absence de virus et d’absence de négligence, le tout à l’égard du Logiciel et de la prestation des services de soutien technique ou de l’omission de la ’une telle prestation des services de soutien technique ou à l’égard de la fourniture ou de l’omission de la fourniture de tous autres services, renseignements, logiciels, et contenu qui s’y rapporte grâce au Logiciel ou provenant autrement de l’utilisation du Logiciel . PAR AILLEURS, IL N’Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L’ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D’EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L’OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D’AGIR DE BONNE FOI OU D’EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L’UTILISATION DU LOGICIEL OU À L’INCAPACITÉ DE S’EN SERVIR, À LA PRESTATION OU À L’OMISSION DE LA ’UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À L’OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA U PRÉSENTE CONVENTION EULA OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ ’OBLIGATION INTÉGRALE DE MICROSOFT ET DE L’UN OU L’AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DEU LA PRÉSENTE CONVENTION EULA ET VOTRE RECOURS EXCLUSIF À L’ÉGARD DE TOUT CE QUI PRÉCÈDE SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S’APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MÊME SI TOUT RECOURS N’ATTEINT PAS SON BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d’Ontario, Canada. Vous consentez Chacune des parties à la présente reconnaît irrévocablement à la compétence des tribunaux fédéraux et provinciaux siégeant à Toronto, dans de la province d’Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d’Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser l’information contenue dans le Logiciel pour contacter la filiale de succursale Microsoft desservant votre pays, dont l’adresse est fournie dans ce produit, ou visitez écrivez à : Microsoft sur le World Wide Web à http://www.microsoft.comSales
Information Center, One Microsoft Way, Redmond, Washington 98052-6399.
Microsoft grants to you a royalty-free right to use and modify the source code version and to reproduce and distribute the object code version of the sample code, icons, cursors, and bitmaps provided within the Sample Code bin/folder on the SOFTWARE ("Sample Code") provided that you:
distribute the Sample Code only in conjunction with and as a part of your software product that adds primary and significant functionality to the sample code;
do not use Microsoft's name, logo, or trademarks to market your software product; and
agree to indemnify, hold harmless, and defend Microsoft and its suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from your distribution of your software product and
all Microsoft Systems Journal (MSJ) code used within your program(s) must be flagged:
Copyright {year of publication}, Microsoft Systems Journal.
MSJ does not make any representation or warranty, express or implied with respect to any code or other information herein.
MSJ disclaims any liability whatsoever for any use of such code or other information.
General Public Licence for the software known as MSNTP
------------------------------------------------------
(c) Copyright, N.M. Maclaren, 1996, 1997, 2000
(c) Copyright, University of Cambridge, 1996, 1997, 2000
Free use of MSNTP in source and binary forms is permitted, provided that this
entire licence is duplicated in all copies, and that any documentation,
announcements, and other materials related to use acknowledge that the software
was developed by N.M. Maclaren (hereafter refered to as the Author) at the
University of Cambridge. Neither the name of the Author nor the University of
Cambridge may be used to endorse or promote products derived from this material
without specific prior written permission.
The Author and the University of Cambridge retain the copyright and all other
legal rights to the software and make it available non-exclusively. All users
must ensure that the software in all its derivations carries a copyright notice
in the form:
(c) Copyright N.M. Maclaren,
(c) Copyright University of Cambridge.
NO WARRANTY
Because the MSNTP software is licensed free of charge, the Author and the
University of Cambridge provide absolutely no warranty, either expressed or
implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. The entire risk as to
the quality and performance of the MSNTP software is with you. Should MSNTP
prove defective, you assume the cost of all necessary servicing or repair.
In no event, unless required by law, will the Author or the University of
Cambridge, or any other party who may modify and redistribute this software as
permitted in accordance with the provisions below, be liable for damages for
any losses whatsoever, including but not limited to lost profits, lost monies,
lost or corrupted data, or other special, incidental or consequential losses
that may arise out of the use or inability to use the MSNTP software.
COPYING POLICY
Permission is hereby granted for copying and distribution of copies of the
MSNTP source and binary files, and of any part thereof, subject to the
following licence conditions:
1. You may distribute MSNTP or components of MSNTP, with or without additions
developed by you or by others. No charge, other than an "at-cost" distribution
fee, may be charged for copies, derivations, or distributions of this material
without the express written consent of the copyright holders.
2. You may also distribute MSNTP along with any other product for sale,
provided that the cost of the bundled package is the same regardless of whether
MSNTP is included or not, and provided that those interested only in MSNTP must
be notified that it is a product freely available from the University of
Cambridge.
3. If you distribute MSNTP software or parts of MSNTP, with or without
additions developed by you or others, then you must either make available the
source to all portions of the MSNTP system (exclusive of any additions made by
you or by others) upon request, or instead you may notify anyone requesting
source that it is freely available from the University of Cambridge.
4. You may not omit any of the copyright notices on either the source files,
the executable files, or the documentation.
5. You may not omit transmission of this License agreement with whatever
portions of MSNTP that are distributed.
6. Any users of this software must be notified that it is without warranty or
guarantee of any nature, express or implied, nor is there any fitness for use
represented.
October 1996
April 1997
October 2000
Microsoft patterns & practices License
patterns & practices Developer Center
This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.
1. Definitions
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A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.
2. Grant of Rights
(A) Code
* Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of any contribution for which source code is provided, and distribute its contribution or any permitted derivative works that you create.
* Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or permitted derivative works of the contribution in the software.
(B) Documentation
* Documentation is governed by the Creative Commons Attribution License 3.0, a copy of which is attached below, and not by the other terms of this Microsoft patterns & practices license.
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(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
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(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(F) Platform Limitation - The licenses granted in section 2(A) extend only to the software or permitted derivative works that you create that run directly on a Microsoft Windows operating system product, Microsoft run-time technology (such as the .NET Framework or Silverlight), or Microsoft application platform (such as Microsoft Office or Microsoft Dynamics).
(G) Binary Code Files - The software may include certain binary code files for which its source code is not included as part of the software, or that are packaged without the source code in an installable or executable package. As to these binary code files, unless applicable law gives you more rights despite this limitation, you must comply with all technical limitations in those files that only allow you to use it in certain ways. You may not modify, work around any technical limitations in, or reverse engineer, decompile or disassemble these binary code files, except and only to the extent that applicable law expressly permits, despite this limitation.
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201011
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Software License for MTL
This file is part of the Matrix Template Library
Dresden University of Technology -- short TUD -- and Indiana University
-- short IU -- have the exclusive rights to license this product under the
following license.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. All redistributions of source code must retain the above copyright notice, the list of authors in the original source code, this list of conditions and the disclaimer listed in this license;
2. All redistributions in binary form must reproduce the above copyright notice, this list of conditions and the disclaimer listed in this license in the documentation and/or other materials provided with the distribution;
3. Any documentation included with all redistributions must include the following acknowledgement:
"This product includes software developed at the University of Notre Dame, the Pervasive Technology Labs at Indiana University, and Dresden University of Technology. For technical information contact Andrew Lumsdaine at the Pervasive Technology Labs at Indiana University. For administrative and license questions contact the Advanced Research and Technology Institute at 1100 Waterway Blvd. Indianapolis, Indiana 46202, phone 317-274-5905, fax 317-274-5902."
Alternatively, this acknowledgement may appear in the software itself, and wherever such third-party acknowledgments normally appear.
4. The name "MTL" shall not be used to endorse or promote products derived from this software without prior written permission from IU or TUD. For written permission, please contact Indiana University Advanced Research & Technology Institute.
5. Products derived from this software may not be called "MTL", nor may "MTL" appear in their name, without prior written permission of Indiana University Advanced Research & Technology Institute.
TUD and IU provide no reassurances that the source code provided does not infringe the patent or any other intellectual property rights of any other entity. TUD and IU disclaim any liability to any recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise.
LICENSEE UNDERSTANDS THAT SOFTWARE IS PROVIDED "AS IS" FOR WHICH NO WARRANTIES AS TO CAPABILITIES OR ACCURACY ARE MADE. DRESDEN UNIVERSITY OF TECHNOLOGY AND INDIANA UNIVERSITY GIVE NO WARRANTIES AND MAKE NO REPRESENTATION THAT SOFTWARE IS FREE OF INFRINGEMENT OF THIRD PARTY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS. DRESDEN UNIVERSITY OF TECHNOLOGY AND INDIANA UNIVERSITY MAKE NO WARRANTIES THAT SOFTWARE IS FREE FROM "BUGS", "VIRUSES", "TROJAN HORSES", "TRAP DOORS", "WORMS", OR OTHER HARMFUL CODE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE PERFORMANCE OF SOFTWARE AND/OR ASSOCIATED MATERIALS, AND TO THE PERFORMANCE AND VALIDITY OF INFORMATION GENERATED USING SOFTWARE.
Patent License Grant. Monotype hereby grants to All a worldwide, non-exclusive, nocharge, royalty-free, irrevocable license under the Licensed Patents to make, use for any purpose, sell, and otherwise distribute and provide Licensed Products and Services, said license having a term until the last to expire of the Licensed Patents.
Code and Format License. Monotype hereby grants to All a perpetual, worldwide, nonexclusive, no-charge, royalty-free, irrevocable license under its copyright rights to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and otherwise use in Licensed Products and Services the Licensed Software and the Licensed Format, said license having a term until expiration of the foregoing copyright rights.
For purposes of this Licensing Statement, the following definitions apply:
“Licensed Patents” means United States Patent No. 6,031,622 as well as all patents and patent applications that on or after December 28, 2011 are owned by Monotype and would necessarily be infringed through the use of the Licensed Technology in making, using, or selling any Licensed Products and Services.
“Licensed Products and Services” means all products (including but not limited to software products) and systems incorporating any part of or all of the Licensed Technology, and services utilizing any part of or all of the Licensed Technology.
“Licensed Format” means the MicroType Express (MTX) Font Format in the form that it exists as of December 28, 2011 a copy of which can be found at http://www.w3.org/Submission/MTX/.
“Licensed Software” means Monotype's code disclosed in its Member Submission to the W3C dated March 5, 2008, a copy of which can be found at http://www.w3.org/Submission/MTX/, but means solely that code.
“Licensed Technology” means the Licensed Format and the Licensed Software.
“All” and “Anyone” means any and all entities and individuals.
MUI X End User License Agreement (commercial plans)
IMPORTANT - please read this End-User License Agreement (EULA) carefully before installing or using the Software.
This EULA constitutes a legally binding agreement between you or the business and/or entity which you represent (Licensee) and MUI (Licensor) for all MUI products included in this distribution/installation and associated documentation (the Software).
By purchasing, installing, copying, or otherwise using the Software, you acknowledge that you have read this agreement and you agree to be bound by its terms and conditions. If you are representing a business and/or entity, you acknowledge that you have the legal authority to bind the business and/or entity you are representing to all the terms and conditions of this agreement.
If you do not agree to any of the terms and conditions of this agreement or if you do not have the legal authority to bind the business and/or entity you are representing to any of the terms and conditions of this agreement, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE DEVELOPMENT PRODUCT(S).
1. Definitions
"MUI" means Material-UI SAS, a legal entity located at 128 Rue La Boétie, 75008 Paris, France.
"Site" means all websites operated by MUI, including but not limited to https://mui.com/.
"Licensee" means the business and/or entity that you represent.
"Licensor" means the creator and owner of the SOFTWARE: MUI.
"Effective Date" means the date on which the agreement is made effective. This is the date of the purchase.
"Software" means the copyrighted materials owned by Licensor, subject to the terms of this agreement.
"Licensed Developers" means Licensee's (and any of its affiliates') employees, workers, and contractors who are authorized by Licensee to develop software products that include the Software.
"License Term" means the duration for which the license is valid, starting from the Effective Date, and ending after a minimum 12 months.
A "production" environment is where the end-user can see, experience, and interact with the product.
2. License
2.1. License grant
In exchange for the fee due under 6. Payment, or as otherwise agreed, Licensor hereby grants Licensee and its subsidiaries and affiliate(s) (collectively "Affiliates") a license to install and use the Software.
The license granted to Licensee and its Affiliates allows a worldwide, non-exclusive, non-transferable, sublicensable (subject to restrictions below), royalty-free license, commencing on the Effective Date.
The license allows the use of the latest version and all older versions released.
The specific details of the license granted depend on the 3. License model selected by Licensee. Access to software updates is governed by 7. Updates.
2.2. Deployment
Licensee may sublicense the Software as a part of a larger work containing more than the Software under a limited license.
Licensee shall ensure (and shall procure that its Affiliates shall ensure) that the terms of any sub-license are in writing and are substantially the same and as restrictive as the terms of this agreement (except that the sub-licensee shall not have the right to sublicense its rights).
At no time may Licensee include any portion of the Software in any project that directly or indirectly competes with it.
For the avoidance of doubt, Licensee may not use the Software, or any portions thereof, for any project, including a no-code/low-code product, that can be described as a development toolkit or library, an application builder, a website builder, a user interface designer, or any project that is intended for use by developers or designers or has a similar purpose or functionality, except with the express written agreement of Licensor.
2.3. Restrictions
Licensee shall not sell, rent, lease, distribute, assign, transfer, or encumber rights to the Software.
2.4. License key
To help Licensee to stay compliant with the terms of this agreement, the Software may require the installation of a license key. If a license key is required:
(a) Licensor will make available to Licensee a valid license key.
(b) The Software may raise warnings, based on the license key, when it detects that the current use of the Software by Licensee is not consistent with this agreement, for example, when using a version of the Software released after the license of Licensee has expired.
Please note that the license key does not cover every scenario, so possession of a valid license key does not by itself confer the right to use the Software.
2.5. Required quantity of licenses
The number of developers licensed must correspond to the maximum number of concurrent developers (in any continuous 24-hour period) contributing changes to the front-end code of the projects that use the Software.
For example, a developer using the Software indirectly through a wrapper library needs to be licensed, a developer working on the front-end code of a project that includes the Software but who doesn't use the Software directly needs to be licensed.
To define the previous terms more precisely:
(a) "front-end code" is code that is executed in a browser, JavaScript most of the time.
(b) "concurrent" is development work carried out during the same calendar day, regardless of timezone.
(c) People who are solely executing the front end for testing purposes, such as verifying back-end changes, and are not contributing changes to the front-end code, do not need to be licensed.
If Licensee has not purchased sufficient licenses, Licensee will be required to purchase such licenses as required to comply with the terms of this agreement, at a price determined by Licensor, but not to exceed full price. Support will co-terminate with existing licenses.
2.6. Third party
Licensee may allow its agents, contractors, and outsourcing service providers (each a "Permitted Third Party") to use the Software licensed to Licensee hereunder solely for Licensee's benefit in accordance with the terms of this agreement and Licensee is responsible for any such Permitted Third Party's compliance with this agreement in such use. Any breach by any Permitted Third Party of the terms of this agreement will be considered Licensee's breach.
2.7. Plans
MUI offers different products under different plans and licenses. This agreement details the terms and conditions of the MUI X Pro and Premium plans. The Software may have dependencies on MIT licensed code. Some functionality of the Software is only allowed for use in the Premium plan. See the comparison table for more details.
3. License model
3.1. Choice of license model
Licensee can decide between two different license models when it enters the agreement: Annual license or Perpetual license. Licensee can later change its license model by paying a transfer fee if necessary. Unless mentioned explicitly during payment, the license model used is the Annual as the Perpetual comes with a higher fee.
3.2. Annual license
3.2.1. Non-perpetual outside of production. All the developers contributing changes to the front-end code of a project that includes the Software need an active license. A license is active as long as it hasn't reached the end of the License Term. Licensee doesn't need to renew its license if no developers work with the API and source code of the Software in any capacity (indirectly or directly).
3.2.2. Perpetual in production. Licensee is allowed to perpetually use in a production environment any versions of the Software released before the end of the License Term.
3.3. Perpetual license
Licensee is allowed to perpetually use any versions of the Software released before the end of the License Term, in any environment (staging, development, production, etc.).
4. Source code
4.1. Licensor shall make the Software available in source code form to Licensee. The source code is currently publicly available at https://github.com/mui/mui-x.
4.2. Licensee and its Affiliates shall be permitted to create modifications to the source code of the Software for Licensee's (and its Affiliates') use in accordance with these terms.
4.3. In the event that Licensee and/or its Affiliates create any modifications to the source code of the Software, Licensor shall not be obliged to provide support services in relation to any such modification(s). The warranty doesn't cover any such modification(s).
5. Evaluation (trial) licenses
You are free to try the Software:
(a) for a limited period of 30 days starting from the first use of the Software in a non-production environment.
(b) for the development of code not intended for production (for example, the reproduction of a bug in a GitHub issue, doing a performance benchmark).
After the given trial period, you must license the Software if you continue to use it, whether in a production or non-production environment.
6. Payment
6.1. Agreement
Licensee agrees to pay the license fee for the Software specified on the Site (https://mui.com/pricing/) or its quote at the time Licensee entered this agreement.
6.2. Terms
The license fee is due by Licensee upon receipt of Licensor's invoice. Licensee must pay each valid invoice within 30 days of the invoice date, unless otherwise agreed. The payment must be made using an accepted payment method. Licensor may charge Licensee interest on all overdue payments at a rate of 1% per month (or the highest rate permitted by law, if lower). Licensor agrees to pay Licensor's cost of collecting any past-due amounts under this agreement, including but not limited to reasonable attorneys' fees. Unless the currency is expressly provided, all amounts are in United States Dollars.
6.3. Taxes
Unless expressly provided, all amounts are exclusive of value-added tax ("VAT") which, where chargeable by Licensor, shall be payable by Licensee at the rate and in the manner prescribed by law. All other taxes, duties, customs, or similar charges shall be the responsibility of Licensee.
7. Updates
7.1. Maintenance
Licensee will be eligible to receive all updates and upgrades for the Software during the License Term at no additional charge, starting from the Effective Date.
7.2. Renewal
Licensee can optionally renew the license for an additional License Term (and any subsequent term thereafter) in order to actively continue development with the Software or to continue receiving updates and upgrades.
7.3. Discontinuation
Licensor reserves the right to discontinue the Software or any of its constituents, at any time by providing prior notice to Licensee. However, Licensor shall continue to provide technical support in accordance with the terms of this agreement for any discontinued component.
8. Support
8.1. Initial support period
For any applicable period for which you have purchased support (the "Support Period"), Licensee will be entitled to receive technical support for the Software. Unless otherwise specified, the Support Period starts from the Effective Date and is valid during the License Term.
8.2. Support plans
Licensee is entitled to either the "Standard Support" (default) or "Priority Support" (paid add-on) support plan as determined at the time of purchase and documented in Licensee's order confirmation. These support plans are briefly presented on the pricing page and described in greater detail in this contract amendment: Service Level Agreement for Technical Support.
8.3. Change of support plan
Licensee may upgrade its support plan at any time during an active Support Period provided Licensor continues to make such support plan generally available.
Any support plan upgrades (if purchased) will be bound to the term of the then active Support Period (i.e. the renewal/expiration date of the Support Period will not change as a result of the support plan upgrade).
8.4. Support renewal
Support is renewed in conjunction with any maintenance renewal.
9. Warranties
9.1. Legal power
Each party represents and warrants that it has the legal power and authority to enter into this agreement.
9.2. Intellectual property
Licensor hereby represents and warrants that the Software does not and will not violate or infringe any third-party claims in regard to intellectual property, patents, trade secrets, and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any third party intellectual property rights.
9.3. Logic integrity
Licensor warrants that the Software shall not knowingly include: malware, viruses, trap doors, back doors, or other means or functions which will detrimentally interfere with or otherwise adversely affect Licensee's use of the Software or which will damage or destroy data or other property of Licensee.
9.4. Compliance with documentation
Licensor warrants to Licensee that, for twelve (12) months after the Effective Date, the Software shall perform substantially in accordance with the documentation. Licensee's exclusive remedy, and Licensor's sole liability, with respect to any breach of this warranty, will be for Licensor to use commercially reasonable efforts to promptly correct the non-compliance (provided that Licensee notifies Licensor in writing within the warranty period and allow Licensor a reasonable cure period). If Licensor, at its discretion, reasonably determines that such correction is not economically or technically feasible, Licensor may revoke Licensee's license grant and provide Licensee with a full refund of the fee paid to Licensor.
We provide no warranty, however, for unstable features of the Software. A feature is considered unstable if exposed to Licensee:
(a) through an API that includes "unstable" in its name
(b) or in a package for which the version is not considered stable according to SemVer versioning models, for example alpha, beta, or other pre-releases
(c) or documented as "experimental".
9.5. Warranties disclaimers
Except for the warranties expressly stated in the warranties section above, the Software is provided "as is", with all faults. Licensor disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, availability, error-free or uninterrupted operation, and any warranties arising from course of dealing, course of performance, or usage of trade to the extent that licensor may not as a matter of applicable law disclaim any implied warranty, the scope, and duration of such warranty will be the minimum permitted under applicable law.
10. Limitation of liability
10.1. To the maximum extent permitted by applicable law, in no event shall either party be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the provision of or failure to provide support, even if it has been advised of the possibility of such damages.
10.2. Licensee understands that the Software may produce inaccurate results because of a failure or fault within the Software or failure by Licensee to properly use and or deploy the Software. Except for Licensor's obligations regarding 9.2 Intellectual property, Licensee assumes full and sole responsibility for any use of the Software and bears the entire risk for failures or faults within the Software.
10.3. Each party agrees that regardless of the cause of failure or fault or the form of any claim, EACH PARTY'S SOLE REMEDY AND SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED THE PRICE PAID TO LICENSOR FOR THE SOFTWARE. This limited liability, as it relates to Licensor, is void if failure of the Software has resulted from accident, abuse, alteration, unauthorized use, or misapplication of the Software. The limitations and exclusions herein shall not apply to indemnification obligations hereunder.
11. Indemnification
11.1. Licensor's indemnification obligation
11.1.1. Intellectual property Infringement. Licensor will defend, indemnify and hold harmless Licensee from any claim of copyright, patent, trademark, trade secret, or other intellectual property right provided Licensee notifies Licensor in writing promptly upon notice of such claim and cooperates fully in the defense of such claim. Licensor shall, at its own expense, defend such claim, suit, or action, and Licensee shall have the right to participate in the defense at its own expense.
11.2. Licensee's indemnification obligation
11.2.1. Third-party. Licensee hereby agrees to indemnify Licensor and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney's fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any material breach or violation of this agreement by Licensee. Licensor shall notifies Licensee in writing promptly upon notice of such claim and cooperates fully in the defense of such claim.
12. Termination
12.1. Termination for breach
Either party may terminate this agreement by giving the other written notice if:
(a) the other party materially breaches any term of this agreement and it is not possible to remedy that breach;
(b) the other party materially breaches any term of this agreement and it is possible to remedy that breach, but the other party fails to do so within 30 days of this being requested in writing;
(c) the other party suffers or undergoes an insolvency event or a bankruptcy event or debtor's relief proceeding or ceases to do business.
(d) the other party is delayed in performing its obligations under this agreement for a period of 30 days or more.
For the purposes of this clause, in order for it to be possible to remedy a breach, it must be possible to take steps so as to put the other party into the same position which (save as to the date) it would have been in if the breach had never occurred.
12.2. Termination for convenience
Licensee may terminate the agreement, for its convenience, at any time in which event Licensee will not be entitled to a refund or credit of unused fees (if any) pre-paid by Licensee for access to the Software.
12.3. Effect of termination
Upon termination of this agreement, Licensee's license to access and use the Software will terminate. Licensee must immediately cease the use of the Software and destroy all copies of the Software in its possession (and require any permitted third parties to do the same).
12.4. Termination survival
Any provisions of this agreement containing licensing restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any term of this agreement which, by its nature, is intended to survive termination or expiration, will remain in effect following any termination or expiration of this agreement, as will Licensee's obligation to pay any fees accrued and owing to Licensor as of termination or expiration.
13. Choice of law
This agreement is subject to French law. If any dispute, controversy, or claim cannot be resolved by a good-faith discussion between the parties, then it will be submitted for resolution to the Paris Court of Appeal.
14. Force majeure
Neither party will be liable for any delay or failure to take any action required under this agreement (except for payment) due to any cause beyond the reasonable control of Licensee or Licensor, as the case may be, including, but not limited to: unavailability or shortages of labor, materials, or equipment, failure or delay in the delivery of vendors and suppliers, fire, flood, earthquake, acts of war, terrorism, epidemic, pandemic, and civil disorders.
15. Refunds
The license fee isn't refundable even if Licensee or the Licensed Developers stop using the Software and/or stop using or accessing support and updates, except in the cases explicitly stipulated in other clauses of this agreement. Licensee can use the trial period to determine if the product fits the use case.
16. Personal data
16.1. The Privacy policy describes in detail how MUI as a controller processes personal data on its customers and community.
16.2. All information Licensor collects from Licensee is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. Licensor does not lend, lease, sell, or market information it obtains from its customers or those who provide Licensor personally identifiable information. Licensor does not disclose purchase information or licensing information to third parties.
17. Confidentiality
17.1. Each party shall:
(a) maintain the confidentiality of all information received from the other party in connection with this agreement;
(b) use confidential information for the sole purpose of fulfilling the obligations under this agreement unless otherwise agreed in writing between the parties;
However, confidential information shall not include information that:
(a) is generally known to the public at the time of disclosure;
(b) is legally received by receiving party from a third party, which third party is in rightful possession of confidential information,
(c) becomes generally known to the public subsequent to the time of such disclosure, but not as a result of disclosure by receiving party,
(d) prior to signing of this agreement, is already in the possession of receiving party; or
(e) is independently developed by the receiving party without use of or reference to the confidential information of the Disclosing Party, as demonstrated by the receiving party's written records.
17.2. Either party may disclose confidential information of the other party as required by governmental or judicial order, provided such party gives the other party prompt written notice prior to such disclosure (unless such prior notice is not permitted by applicable law) and complies with any protective order (or equivalent) imposed on such disclosure.
18. Miscellaneous
18.1. Notices
Notices must be clearly identified as Legal Notices and sent to legal@mui.com.
Last update: October 2nd, 2024.
Mulan Permissive Software License，Version 1
Mulan Permissive Software License，Version 1 (Mulan PSL v1)
August 2019 http://license.coscl.org.cn/MulanPSL
Your reproduction, use, modification and distribution of the Software shall be subject to Mulan PSL v1 (this License) with following terms and conditions:
0. Definition
Software means the program and related documents which are comprised of those Contribution and licensed under this License.
Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License.
Legal Entity means the entity making a Contribution and all its Affiliates.
Affiliates means entities that control, or are controlled by, or are under common control with a party to this License, ‘control’ means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
Contribution means the copyrightable work licensed by a particular Contributor under this License.
1. Grant of Copyright License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable copyright license to reproduce, use, modify, or distribute its Contribution, with modification or not.
2. Grant of Patent License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (except for revocation under this Section) patent license to make, have made, use, offer for sale, sell, import or otherwise transfer its Contribution where such patent license is only limited to the patent claims owned or controlled by such Contributor now or in future which will be necessarily infringed by its Contribution alone, or by combination of the Contribution with the Software to which the Contribution was contributed, excluding of any patent claims solely be infringed by your or others’ modification or other combinations. If you or your Affiliates directly or indirectly (including through an agent, patent licensee or assignee）, institute patent litigation (including a cross claim or counterclaim in a litigation) or other patent enforcement activities against any individual or entity by alleging that the Software or any Contribution in it infringes patents, then any patent license granted to you under this License for the Software shall terminate as of the date such litigation or activity is filed or taken.
3. No Trademark License
No trademark license is granted to use the trade names, trademarks, service marks, or product names of Contributor, except as required to fulfill notice requirements in section 4.
4. Distribution Restriction
You may distribute the Software in any medium with or without modification, whether in source or executable forms, provided that you provide recipients with a copy of this License and retain copyright, patent, trademark and disclaimer statements in the Software.
5. Disclaimer of Warranty and Limitation of Liability
The Software and Contribution in it are provided without warranties of any kind, either express or implied. In no event shall any Contributor or copyright holder be liable to you for any damages, including, but not limited to any direct, or indirect, special or consequential damages arising from your use or inability to use the Software or the Contribution in it, no matter how it’s caused or based on which legal theory, even if advised of the possibility of such damages.
End of the Terms and Conditions
How to apply the Mulan Permissive Software License，Version 1 (Mulan PSL v1) to your software
To apply the Mulan PSL v1 to your work, for easy identification by recipients, you are suggested to complete following three steps:
Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner;
Create a file named “LICENSE” which contains the whole context of this License in the first directory of your software package;
Attach the statement to the appropriate annotated syntax at the beginning of each source file.
Copyright (c) [2019] [name of copyright holder]
[Software Name] is licensed under the Mulan PSL v1.
You can use this software according to the terms and conditions of the Mulan PSL v1.
You may obtain a copy of Mulan PSL v1 at:
http://license.coscl.org.cn/MulanPSL
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FIT FOR A PARTICULAR
PURPOSE.
See the Mulan PSL v1 for more details.
木兰宽松许可证, 第1版
木兰宽松许可证， 第1版
2019年8月 http://license.coscl.org.cn/MulanPSL
您对“软件”的复制、使用、修改及分发受木兰宽松许可证，第1版（“本许可证”）的如下条款的约束：
0. 定义
“软件”是指由“贡献”构成的许可在“本许可证”下的程序和相关文档的集合。
“贡献者”是指将受版权法保护的作品许可在“本许可证”下的自然人或“法人实体”。
“法人实体”是指提交贡献的机构及其“关联实体”。
“关联实体”是指，对“本许可证”下的一方而言，控制、受控制或与其共同受控制的机构，此处的控制是指有受控方或共同受控方至少50%直接或间接的投票权、资金或其他有价证券。
“贡献”是指由任一“贡献者”许可在“本许可证”下的受版权法保护的作品。
1. 授予版权许可
每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的版权许可，您可以复制、使用、修改、分发其“贡献”，不论修改与否。
2. 授予专利许可
每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的（根据本条规定撤销除外）专利许可，供您制造、委托制造、使用、许诺销售、销售、进口其“贡献”或以其他方式转移其“贡献”。前述专利许可仅限于“贡献者”现在或将来拥有或控制的其“贡献”本身或其“贡献”与许可“贡献”时的“软件”结合而将必然会侵犯的专利权利要求，不包括仅因您或他人修改“贡献”或其他结合而将必然会侵犯到的专利权利要求。如您或您的“关联实体”直接或间接地（包括通过代理、专利被许可人或受让人），就“软件”或其中的“贡献”对任何人发起专利侵权诉讼（包括反诉或交叉诉讼）或其他专利维权行动，指控其侵犯专利权，则“本许可证”授予您对“软件”的专利许可自您提起诉讼或发起维权行动之日终止。
3. 无商标许可
“本许可证”不提供对“贡献者”的商品名称、商标、服务标志或产品名称的商标许可，但您为满足第4条规定的声明义务而必须使用除外。
4. 分发限制
您可以在任何媒介中将“软件”以源程序形式或可执行形式重新分发，不论修改与否，但您必须向接收者提供“本许可证”的副本，并保留“软件”中的版权、商标、专利及免责声明。
5. 免责声明与责任限制
“软件”及其中的“贡献”在提供时不带任何明示或默示的担保。在任何情况下，“贡献者”或版权所有者不对任何人因使用“软件”或其中的“贡献”而引发的任何直接或间接损失承担责任，不论因何种原因导致或者基于何种法律理论,即使其曾被建议有此种损失的可能性。
条款结束
如何将木兰宽松许可证，第1版，应用到您的软件
如果您希望将木兰宽松许可证，第1版，应用到您的新软件，为了方便接收者查阅，建议您完成如下三步：
1， 请您补充如下声明中的空白，包括软件名、软件的首次发表年份以及您作为版权人的名字；
2， 请您在软件包的一级目录下创建以“LICENSE”为名的文件，将整个许可证文本放入该文件中；
3， 请将如下声明文本放入每个源文件的头部注释中。
Copyright (c) [2019] [name of copyright holder]
[Software Name] is licensed under the Mulan PSL v1.
You can use this software according to the terms and conditions of the Mulan PSL v1.
You may obtain a copy of Mulan PSL v1 at:
http://license.coscl.org.cn/MulanPSL
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FIT FOR A PARTICULAR
PURPOSE.
See the Mulan PSL v1 for more details.
Mulan Permissive Software License，Version 1
Mulan Permissive Software License，Version 1 (Mulan PSL v1)
August 2019 http://license.coscl.org.cn/MulanPSL
Your reproduction, use, modification and distribution of the Software shall be subject to Mulan PSL v1 (this License) with following terms and conditions:
0. Definition
Software means the program and related documents which are comprised of those Contribution and licensed under this License.
Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License.
Legal Entity means the entity making a Contribution and all its Affiliates.
Affiliates means entities that control, or are controlled by, or are under common control with a party to this License, ‘control’ means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
Contribution means the copyrightable work licensed by a particular Contributor under this License.
1. Grant of Copyright License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable copyright license to reproduce, use, modify, or distribute its Contribution, with modification or not.
2. Grant of Patent License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (except for revocation under this Section) patent license to make, have made, use, offer for sale, sell, import or otherwise transfer its Contribution where such patent license is only limited to the patent claims owned or controlled by such Contributor now or in future which will be necessarily infringed by its Contribution alone, or by combination of the Contribution with the Software to which the Contribution was contributed, excluding of any patent claims solely be infringed by your or others’ modification or other combinations. If you or your Affiliates directly or indirectly (including through an agent, patent licensee or assignee）, institute patent litigation (including a cross claim or counterclaim in a litigation) or other patent enforcement activities against any individual or entity by alleging that the Software or any Contribution in it infringes patents, then any patent license granted to you under this License for the Software shall terminate as of the date such litigation or activity is filed or taken.
3. No Trademark License
No trademark license is granted to use the trade names, trademarks, service marks, or product names of Contributor, except as required to fulfill notice requirements in section 4.
4. Distribution Restriction
You may distribute the Software in any medium with or without modification, whether in source or executable forms, provided that you provide recipients with a copy of this License and retain copyright, patent, trademark and disclaimer statements in the Software.
5. Disclaimer of Warranty and Limitation of Liability
The Software and Contribution in it are provided without warranties of any kind, either express or implied. In no event shall any Contributor or copyright holder be liable to you for any damages, including, but not limited to any direct, or indirect, special or consequential damages arising from your use or inability to use the Software or the Contribution in it, no matter how it’s caused or based on which legal theory, even if advised of the possibility of such damages.
End of the Terms and Conditions
How to apply the Mulan Permissive Software License，Version 1 (Mulan PSL v1) to your software
To apply the Mulan PSL v1 to your work, for easy identification by recipients, you are suggested to complete following three steps:
Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner;
Create a file named “LICENSE” which contains the whole context of this License in the first directory of your software package;
Attach the statement to the appropriate annotated syntax at the beginning of each source file.
Copyright (c) [2019] [name of copyright holder]
[Software Name] is licensed under the Mulan PSL v1.
You can use this software according to the terms and conditions of the Mulan PSL v1.
You may obtain a copy of Mulan PSL v1 at:
http://license.coscl.org.cn/MulanPSL
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, MERCHANTABILITY OR FIT FOR A PARTICULAR
PURPOSE.
See the Mulan PSL v1 for more details.
Mulan Permissive Software License，Version 2
Mulan Permissive Software License，Version 2 (Mulan PSL v2)
January 2020 http://license.coscl.org.cn/MulanPSL2
Your reproduction, use, modification and distribution of the Software shall be subject to Mulan PSL v2 (this License) with the following terms and conditions:
0. Definition
Software means the program and related documents which are licensed under this License and comprise all Contribution(s).
Contribution means the copyrightable work licensed by a particular Contributor under this License.
Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License.
Legal Entity means the entity making a Contribution and all its Affiliates.
Affiliates means entities that control, are controlled by, or are under common control with the acting entity under this License, ‘control’ means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
1. Grant of Copyright License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable copyright license to reproduce, use, modify, or distribute its Contribution, with modification or not.
2. Grant of Patent License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (except for revocation under this Section) patent license to make, have made, use, offer for sale, sell, import or otherwise transfer its Contribution, where such patent license is only limited to the patent claims owned or controlled by such Contributor now or in future which will be necessarily infringed by its Contribution alone, or by combination of the Contribution with the Software to which the Contribution was contributed. The patent license shall not apply to any modification of the Contribution, and any other combination which includes the Contribution. If you or your Affiliates directly or indirectly institute patent litigation (including a cross claim or counterclaim in a litigation) or other patent enforcement activities against any individual or entity by alleging that the Software or any Contribution in it infringes patents, then any patent license granted to you under this License for the Software shall terminate as of the date such litigation or activity is filed or taken.
3. No Trademark License
No trademark license is granted to use the trade names, trademarks, service marks, or product names of Contributor, except as required to fulfill notice requirements in section 4.
4. Distribution Restriction
You may distribute the Software in any medium with or without modification, whether in source or executable forms, provided that you provide recipients with a copy of this License and retain copyright, patent, trademark and disclaimer statements in the Software.
5. Disclaimer of Warranty and Limitation of Liability
THE SOFTWARE AND CONTRIBUTION IN IT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ANY CONTRIBUTOR OR COPYRIGHT HOLDER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE OR THE CONTRIBUTION IN IT, NO MATTER HOW IT’S CAUSED OR BASED ON WHICH LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Language
THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE CHINESE VERSION SHALL PREVAIL.
END OF THE TERMS AND CONDITIONS
How to Apply the Mulan Permissive Software License，Version 2 (Mulan PSL v2) to Your Software
To apply the Mulan PSL v2 to your work, for easy identification by recipients, you are suggested to complete following three steps:
Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner;
Create a file named "LICENSE" which contains the whole context of this License in the first directory of your software package;
Attach the statement to the appropriate annotated syntax at the beginning of each source file.
Copyright (c) [Year] [name of copyright holder]
[Software Name] is licensed under Mulan PSL v2.
You can use this software according to the terms and conditions of the Mulan PSL v2.
You may obtain a copy of Mulan PSL v2 at:
http://license.coscl.org.cn/MulanPSL2
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT,
MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE.
See the Mulan PSL v2 for more details.
木兰宽松许可证, 第2版
木兰宽松许可证， 第2版
2020年1月 http://license.coscl.org.cn/MulanPSL2
您对“软件”的复制、使用、修改及分发受木兰宽松许可证，第2版（“本许可证”）的如下条款的约束：
0. 定义
“软件” 是指由“贡献”构成的许可在“本许可证”下的程序和相关文档的集合。
“贡献” 是指由任一“贡献者”许可在“本许可证”下的受版权法保护的作品。
“贡献者” 是指将受版权法保护的作品许可在“本许可证”下的自然人或“法人实体”。
“法人实体” 是指提交贡献的机构及其“关联实体”。
“关联实体” 是指，对“本许可证”下的行为方而言，控制、受控制或与其共同受控制的机构，此处的控制是指有受控方或共同受控方至少50%直接或间接的投票权、资金或其他有价证券。
1. 授予版权许可
每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的版权许可，您可以复制、使用、修改、分发其“贡献”，不论修改与否。
2. 授予专利许可
每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的（根据本条规定撤销除外）专利许可，供您制造、委托制造、使用、许诺销售、销售、进口其“贡献”或以其他方式转移其“贡献”。前述专利许可仅限于“贡献者”现在或将来拥有或控制的其“贡献”本身或其“贡献”与许可“贡献”时的“软件”结合而将必然会侵犯的专利权利要求，不包括对“贡献”的修改或包含“贡献”的其他结合。如果您或您的“关联实体”直接或间接地，就“软件”或其中的“贡献”对任何人发起专利侵权诉讼（包括反诉或交叉诉讼）或其他专利维权行动，指控其侵犯专利权，则“本许可证”授予您对“软件”的专利许可自您提起诉讼或发起维权行动之日终止。
3. 无商标许可
“本许可证”不提供对“贡献者”的商品名称、商标、服务标志或产品名称的商标许可，但您为满足第4条规定的声明义务而必须使用除外。
4. 分发限制
您可以在任何媒介中将“软件”以源程序形式或可执行形式重新分发，不论修改与否，但您必须向接收者提供“本许可证”的副本，并保留“软件”中的版权、商标、专利及免责声明。
5. 免责声明与责任限制
“软件”及其中的“贡献”在提供时不带任何明示或默示的担保。在任何情况下，“贡献者”或版权所有者不对任何人因使用“软件”或其中的“贡献”而引发的任何直接或间接损失承担责任，不论因何种原因导致或者基于何种法律理论，即使其曾被建议有此种损失的可能性。
6. 语言
“本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何冲突不一致，以中文版为准。
条款结束
如何将木兰宽松许可证，第2版，应用到您的软件
如果您希望将木兰宽松许可证，第2版，应用到您的新软件，为了方便接收者查阅，建议您完成如下三步：
1， 请您补充如下声明中的空白，包括软件名、软件的首次发表年份以及您作为版权人的名字；
2， 请您在软件包的一级目录下创建以“LICENSE”为名的文件，将整个许可证文本放入该文件中；
3， 请将如下声明文本放入每个源文件的头部注释中。
Copyright (c) [Year] [name of copyright holder]
[Software Name] is licensed under Mulan PSL v2.
You can use this software according to the terms and conditions of the Mulan PSL v2.
You may obtain a copy of Mulan PSL v2 at:
http://license.coscl.org.cn/MulanPSL2
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT,
MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE.
See the Mulan PSL v2 for more details.
Mulan Permissive Software License，Version 2
Mulan Permissive Software License，Version 2 (Mulan PSL v2)
January 2020 http://license.coscl.org.cn/MulanPSL2
Your reproduction, use, modification and distribution of the Software shall be subject to Mulan PSL v2 (this License) with the following terms and conditions:
0. Definition
Software means the program and related documents which are licensed under this License and comprise all Contribution(s).
Contribution means the copyrightable work licensed by a particular Contributor under this License.
Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License.
Legal Entity means the entity making a Contribution and all its Affiliates.
Affiliates means entities that control, are controlled by, or are under common control with the acting entity under this License, ‘control’ means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
1. Grant of Copyright License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable copyright license to reproduce, use, modify, or distribute its Contribution, with modification or not.
2. Grant of Patent License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (except for revocation under this Section) patent license to make, have made, use, offer for sale, sell, import or otherwise transfer its Contribution, where such patent license is only limited to the patent claims owned or controlled by such Contributor now or in future which will be necessarily infringed by its Contribution alone, or by combination of the Contribution with the Software to which the Contribution was contributed. The patent license shall not apply to any modification of the Contribution, and any other combination which includes the Contribution. If you or your Affiliates directly or indirectly institute patent litigation (including a cross claim or counterclaim in a litigation) or other patent enforcement activities against any individual or entity by alleging that the Software or any Contribution in it infringes patents, then any patent license granted to you under this License for the Software shall terminate as of the date such litigation or activity is filed or taken.
3. No Trademark License
No trademark license is granted to use the trade names, trademarks, service marks, or product names of Contributor, except as required to fulfill notice requirements in section 4.
4. Distribution Restriction
You may distribute the Software in any medium with or without modification, whether in source or executable forms, provided that you provide recipients with a copy of this License and retain copyright, patent, trademark and disclaimer statements in the Software.
5. Disclaimer of Warranty and Limitation of Liability
THE SOFTWARE AND CONTRIBUTION IN IT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ANY CONTRIBUTOR OR COPYRIGHT HOLDER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE OR THE CONTRIBUTION IN IT, NO MATTER HOW IT’S CAUSED OR BASED ON WHICH LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Language
THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE CHINESE VERSION SHALL PREVAIL.
END OF THE TERMS AND CONDITIONS
How to Apply the Mulan Permissive Software License，Version 2 (Mulan PSL v2) to Your Software
To apply the Mulan PSL v2 to your work, for easy identification by recipients, you are suggested to complete following three steps:
Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner;
Create a file named "LICENSE" which contains the whole context of this License in the first directory of your software package;
Attach the statement to the appropriate annotated syntax at the beginning of each source file.
Copyright (c) [Year] [name of copyright holder]
[Software Name] is licensed under Mulan PSL v2.
You can use this software according to the terms and conditions of the Mulan PSL v2.
You may obtain a copy of Mulan PSL v2 at:
http://license.coscl.org.cn/MulanPSL2
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT,
MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE.
See the Mulan PSL v2 for more details.
Copyright © 中国开源云联盟 京ICP备05013730号-37
Mulan Public License，Version 1 (Mulan PubL v1)
December 2020 http://license.coscl.org.cn/MulanPubL-1.0
Your reproduction, use, modification and Distribution of the Contribution shall be subject to Mulan Public License, Version 1 (this License) with following terms and conditions:
0. Definitions
Contribution means the copyrightable work licensed by a particular Contributor under this License, including the work licensed by the initial Contributor under this License and its Derivative Work licensed by any subsequent Contributor under this License.
Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License.
Legal Entity means the entity making a Contribution and all its Affiliates.
Affiliates means entities that control, are controlled by, or are under common control with the acting entity under this License, ‘control’ means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
Derivative Work means works created based on Contribution, specifically including works formed by modifying, rewriting, translating, annotating, combining or linking to all or part of Contribution (including dynamic linking or static linking). Works which only communicate with Contribution through inter-process communication or system call, are independent works, rather than Derivative Work.
Corresponding Source Code means all the source code needed to generate, install, and (for an executable work) run the object code including the interface definition files associated with source files for the work, and scripts to control those activities, excluding of compilation environment and compilation tools, cloud services platform (if any).
Distribute (or Distribution) means the act of making the Contribution or Derivative Work available to others through any medium, and using the Contribution or Derivative Work to provide online services to users, such as the act of providing online services through a cloud service platform built using Contributions or Derivative Works.
1. Grant of copyright license
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable copyright license to reproduce, use, modify, or Distribute its Contribution or Derivative Work, with modification or not.
2. Grant of patent license
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (except for revocation under this Section) patent license to make, have made, use, offer for sale, sell, import or otherwise transfer its Contribution, where such patent license is only limited to the patent claims owned or controlled by such Contributor now or in future which will be necessarily infringed by its Contribution alone, excluding of any patent claims solely be infringed by your modification. If you or your Affiliates directly or indirectly institute patent litigation (including a cross claim or counterclaim in a litigation) or other patent enforcement activities against any individual or entity by alleging that any Contribution infringes patents, then any patent license granted to you under this License for the Contribution shall terminate as of the date such litigation or activity is filed or taken.
3. No Trademark License
No trademark license is granted to use the trade names, trademarks, service marks, or product names of Contributor, except as required to fulfill notice requirements in Section 4.
4. Distribution Restriction
You may Distribute the Contribution you received or your Derivative Work through any medium with or without modification, whether in source or executable forms, provided that you meet the following conditions:
1) You must provide recipients with a copy of this License and retain copyright, trademark, patent and disclaimer statements in the Contribution; and,
2) If you Distribute the Contribution you received, you must provide copies of the Contribution’s source code under this License;
If you Distribute your Derivative Work, you have to:
(i) accompanying the Derivative work, provide recipients with Corresponding Source Code of your Derivative Work under this License. If you provide the Corresponding Source Code through a download link, you should place such link address prominently in the Derivative Work or its accompanying documents, and be valid no less than three years from your Distribution of the particular Derivative Work, and ensure that the recipients can acquire the Corresponding Source Code through the link; or,
(ii) accompanying the Derivative Work, provide recipients with a written offer indicating your willingness to provide the Corresponding Source Code of the Derivative Work licensed under this License. Such written offer shall be placed prominently in the Derivative Work or its accompanying documents. Without reasonable excuse, the recipient shall be able to acquire the Corresponding Source code of the Derivative work for no more than three months from your receipt of a valid request, and be valid no less than three years from your Distribution of the particular Derivative Work.
5. Breach and Termination
If you breach this License, any Contributor has the right to notify you in writing to terminate its license granted to you under this License. The license granted to you by such Contributor terminates upon your receipt of such notice of termination. Notwithstanding the foregoing, your license will not be terminated even if you receive a notice of termination from Contributor, provided that:
1) you have cured all the breaches prior to receiving such notice of termination; or,
2) it’s your first time to receive a notice of termination from such Contributor pursuant to this License, and you cured all the breaches within 30 days of receipt of such notice.
Termination of your license under this License shall not affect the downstream recipient's rights under this License, provided that the downstream recipient complies with this License.
6. Exceptions
If you combine Contribution or your Derivative Work with a work licensed under the GPLv3, AGPLv3 or subsequent versions of those licenses (hereinafter referred to as “GPL Style License”), and according to the GPL Style License, you have an obligation to make the combined work to be licensed under the corresponding GPL Style License, you can license such combined work under the GPL Style License, provided that when you Distribute the combined work, you also provide a copy of this License to the recipients, and retain copyright, trademarks, patents, and disclaimer statements in the Contribution. No Contributor will grant additional rights to the recipients of the combined work for your license under GPL Style License.
7. Disclaimer of Warranty and Limitation of liability
CONTRIBUTION ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ANY CONTRIBUTOR OR COPYRIGHT HOLDER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE CONTRIBUTION, NO MATTER HOW IT’S CAUSED OR BASED ON WHICH LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Language
THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE CHINESE VERSION SHALL PREVAIL.
End of the Terms and Conditions
How to apply the Mulan Public License，Version 1 (Mulan PubL v1), to your software
To apply the Mulan Public License，Version 1 to your work, for easy identification by recipients, you are suggested to complete following three steps:
Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner;
Create a file named “LICENSE” which contains the whole context of this License in the first directory of your software package;
Attach the statement to the appropriate annotated syntax at the beginning of each source file.
Copyright (c) [Year] [name of copyright holder]
[Software Name] is licensed under Mulan PubL v1.
You can use this software according to the terms and conditions of the Mulan PubL v1.
You may obtain a copy of Mulan PubL v1 at:
http://license.coscl.org.cn/MulanPubL-1.0
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT,
MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE.
See the Mulan PubL v1 for more details.
Mulan Public License，Version 2 (Mulan PubL v2)
May 2021 http://license.coscl.org.cn/MulanPubL-2.0
Your reproduction, use, modification and Distribution of the Contribution shall be subject to Mulan Public License, Version 2 (this License) with following terms and conditions:
0. Definition
Contribution means the copyrightable work licensed by a particular Contributor under this License, including the work licensed by the initial Contributor under this License and its Derivative Work licensed by any subsequent Contributor under this License.
Contributor means the Individual or Legal Entity who licenses its copyrightable work under this License.
Legal Entity means the entity making a Contribution and all its Affiliates.
Affiliates mmeans entities that control, are controlled by, or are under common control with the acting entity under this License, ‘control’ means direct or indirect ownership of at least fifty percent (50%) of the voting power, capital or other securities of controlled or commonly controlled entity.
Derivative Work means works created based on Contribution, specifically including works formed by modifying, rewriting, translating, annotating, combining or linking to all or part of Contribution (including dynamic linking or static linking). Works which only communicate with Contribution through inter-process communication or system call, are independent works, rather than Derivative Work.
Corresponding Source Code means all the source code needed to generate, install, and (for an executable work) run the object code including the interface definition files associated with source files for the work, and scripts to control those activities, excluding of compilation environment and compilation tools, cloud services platform (if any).
Distribute (or Distribution) means the act of making the Contribution or Derivative Work available to others through any medium, and using the Contribution or Derivative Work to provide online services to users, such as the act of providing online services through a cloud service platform built using Contributions or Derivative Works.
1. Grant of Copyright License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable copyright license to reproduce, use, modify, or Distribute its Contribution or Derivative Work, with modification or not.
2. Grant of Patent License
Subject to the terms and conditions of this License, each Contributor hereby grants to you a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (except for revocation under this Section) patent license to use, make, have made, sell, offer for sale, import or otherwise transfer its Contribution, where such patent license is only limited to the patent claims owned or controlled by such Contributor now or in future which will be necessarily infringed by its Contribution alone, excluding of any patent claims solely be infringed by your modification. If you or your Affiliates directly or indirectly institute patent litigation (including a cross claim or counterclaim in a litigation) or other patent enforcement activities against any individual or entity by alleging that any Contribution infringes patents, then any patent license granted to you under this License for the Contribution shall terminate as of the date such litigation or activity is filed or taken.
3. No Trademark License
No trademark license is granted to use the trade names, trademarks, service marks, or product names of Contributor, except as required to fulfill notice requirements in Section 4.
4. Distribution Restriction
You may Distribute the Contribution you received or your Derivative Work, whether in source or executable forms, provided that you meet the following conditions:
1) You must provide recipients with a copy of this License and retain copyright, trademark, patent and disclaimer statements in the Contribution; and,
2) If you Distribute the Contribution you received, you must provide copies of the Contribution’s source code under this License;
If you Distribute your Derivative Work, you have to:
(i) accompanying the Derivative work, provide recipients with Corresponding Source Code of your Derivative Work under this License. If you provide the Corresponding Source Code through a download link, you should place such link address prominently in the Derivative Work or its accompanying documents, and be valid no less than three years from your Distribution of the particular Derivative Work, and ensure that the recipients can acquire the Corresponding Source Code through the link; or,
(ii) accompanying the Derivative Work, provide recipients with a written offer indicating your willingness to provide the Corresponding Source Code of the Derivative Work licensed under this License. Such written offer shall be placed prominently in the Derivative Work or its accompanying documents. Without reasonable excuse, the recipient shall be able to acquire the Corresponding Source code of the Derivative work for no more than three months from your receipt of a valid request, and be valid no less than three years from your Distribution of the particular Derivative Work.
5. Breach and Termination
If you breach this License, any Contributor has the right to notify you in writing to terminate its license granted to you under this License. The license granted to you by such Contributor terminates upon your receipt of such notice of termination. Notwithstanding the foregoing, your license will not be terminated even if you receive a notice of termination from Contributor, provided that:
1) you have cured all the breaches prior to receiving such notice of termination; or,
2) it’s your first time to receive a notice of termination from such Contributor pursuant to this License, and you have cured all the breaches within 30 days of receipt of such notice.
Termination of your license under this License shall not affect the downstream recipient's rights under this License, provided that the downstream recipient complies with this License.
6. Exceptions
If you combine Contribution or your Derivative Work with a work licensed under the GNU AFFERO GENERAL PUBLIC LICENSE Version 3 (hereinafter referred to as “AGPLv3”) or its subsequent versions, and according to the AGPLv3 or its subsequent versions, you have an obligation to make the combined work to be licensed under the corresponding license, you can license such combined work under the license, provided that when you Distribute the combined work, you also provide a copy of this License to the recipients, and retain copyright, trademarks, patents, and disclaimer statements in the Contribution. No Contributor will grant additional rights to the recipients of the combined work for your license under AGPLv3 or its subsequent versions.
7. Disclaimer of Warranty and Limitation of liability
CONTRIBUTION ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ANY CONTRIBUTOR OR COPYRIGHT HOLDER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE CONTRIBUTION, NO MATTER HOW IT’S CAUSED OR BASED ON WHICH LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Language
THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE CHINESE VERSION SHALL PREVAIL.
END OF THE TERMS AND CONDITIONS
How to apply the Mulan Public License，Version 2 (Mulan PubL v2), to your software
To apply the Mulan Public License，Version 2 to your work, for easy identification by recipients, you are suggested to complete following three steps:
Fill in the blanks in following statement, including insert your software name, the year of the first publication of your software, and your name identified as the copyright owner;
Create a file named “LICENSE” which contains the whole context of this License in the first directory of your software package;
Attach the statement to the appropriate annotated syntax at the beginning of each source file.
Copyright (c) [Year] [name of copyright holder]
[Software Name] is licensed under Mulan PubL v2.
You can use this software according to the terms and conditions of the Mulan PubL v2.
You may obtain a copy of Mulan PubL v2 at:
http://license.coscl.org.cn/MulanPubL-2.0
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT,
MERCHANTABILITY OR FIT FOR A PARTICULAR PURPOSE.
See the Mulan PubL v2 for more details.
MuleSource Public License
Version 1.1.3
The MuleSource Public License Version ("MSPL") consists of the Mozilla Public
License Version 1.1, modified to be specific to MuleSource, with the Additional
Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
http://www.mozilla.org/MPL/MPL-1.1.html
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation
of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism". means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired, any
and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code, and
which, at the time of its release under this License is not already Covered Code
governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no
charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You" includes any
entity which controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License..
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Code; 2) separate from the Original Code;
or 3) for infringements caused by: i) the modification of the Original Code or
ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as
Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by
that Contributor (or portions thereof); and 2) the combination of Modifications
made by that Contributor with its Contributor Version (or portions of such
combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
any code that Contributor has deleted from the Contributor Version; 2) separate
from the Contributor Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination of Modifications
made by that Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by Covered Code
in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms of this
License or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the
recipients' rights hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the same
media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of any
change. You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer in (a) the Source Code, and (b) in
any notice in an Executable version or related documentation in which You
describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL" which describes the claim and the party making
the claim in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made available as
described in Section 3.2, Contributor shall promptly modify the LEGAL file in
all copies Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code that new knowledge has
been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If
it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice. If
You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License in
any documentation for the Source Code where You describe recipients' rights or
ownership rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor. You must
make it absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available under the
terms of this License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership
rights under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this License
and that the license for the Executable version does not attempt to limit or
alter the recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version under a
different license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a single
product. In such a case, You must make sure the requirements of this License are
fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute, judicial order, or
regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in Section
3.4 and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to understand
it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
MuleSource Inc. ("MuleSource") may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by MuleSource. No one other than MuleSource has the right to
modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases "MuleSource",
"MSPL" or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise make it
clear that Your version of the license contains terms which differ from the
MuleSource Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code which
are properly granted shall survive any termination of this License. Provisions
which, by their nature, must remain in effect beyond the termination of this
License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted to
You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
as of the date You first made, used, sold, distributed, or had made,
Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any
patent where such claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights set forth
herein.
11. MISCELLANEOUS. This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary to
make it enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in which at least one party
is a citizen of, or an entity chartered or registered to do business in the
United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the
Contributors, each party is responsible for claims and damages arising, directly
or indirectly, out of its utilization of rights under this License and You agree
to work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or shall be
deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the
Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under Your choice
of the SPL or the alternative licenses, if any, specified by the Initial
Developer in the file described in Exhibit A.
MuleSource Public License 1.1.3 - Exhibit A
The contents of this file are subject to the MuleSource Public License Version
1.1.3 ("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.MuleSource.com/MSPL
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the
specific language governing rights and limitations under the License.
The Original Code is: MuleSource Mule
The Initial Developer of the Original Code is MuleSource, Inc.
Portions created by MuleSource are Copyright (C) 2003 MuleSource, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the text
of this Exhibit A rather than the text found in the Original Code Source Code
for Your Modifications.]
MuleSource Public License 1.1.3 - Exhibit B
Additional Terms applicable to the MuleSource Public License.
I. Effect.These additional terms described in this MuleSource Public License -
Additional Terms shall apply to the Covered Code under this License.
II. MuleSource and logo. This License does not grant any rights to use the
trademarks "MuleSource", "Mule" and the "MuleSource", "Mule" logos even if
such marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of the Covered Code in Executable
and Source Code form distributed must, as a form of attribution of the original
author, include on each user interface screen (i) the "Powered by Mule" logo and
(ii) the copyright notice in the same form as the latest version of the Covered
Code distributed by MuleSource, Inc. at the time of distribution of such copy.
In addition, the "Powered by Mule" logo must be visible to all users and be
located at the very bottom center of each user interface screen. Notwithstanding
the above, the dimensions of the "Powered by Mule" logo must be at least 130 x
25 pixels. When users click on the "Powered by Mule" logo it must direct them
back to http://www.MuleSource.com. In addition, the copyright notice must remain
visible to all users at all times at the bottom of the user interface screen.
When users click on the copyright notice, it must direct them back to
http://www.MuleSource.com
MuleSource Public License
Version 1.1.4
The MuleSource Public License Version ("MSPL") consists of the Mozilla Public
License Version 1.1, modified to be specific to MuleSource, with the Additional
Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
http://www.mozilla.org/MPL/MPL-1.1.html
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation
of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism". means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired, any
and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code, and
which, at the time of its release under this License is not already Covered Code
governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no
charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You" includes any
entity which controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License..
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Code; 2) separate from the Original Code;
or 3) for infringements caused by: i) the modification of the Original Code or
ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as
Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by
that Contributor (or portions thereof); and 2) the combination of Modifications
made by that Contributor with its Contributor Version (or portions of such
combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
any code that Contributor has deleted from the Contributor Version; 2) separate
from the Contributor Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination of Modifications
made by that Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by Covered Code
in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms of this
License or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the
recipients' rights hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the same
media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of any
change. You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer in (a) the Source Code, and (b) in
any notice in an Executable version or related documentation in which You
describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL" which describes the claim and the party making
the claim in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made available as
described in Section 3.2, Contributor shall promptly modify the LEGAL file in
all copies Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code that new knowledge has
been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If
it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice. If
You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License in
any documentation for the Source Code where You describe recipients' rights or
ownership rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor. You must
make it absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available under the
terms of this License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership
rights under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this License
and that the license for the Executable version does not attempt to limit or
alter the recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version under a
different license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a single
product. In such a case, You must make sure the requirements of this License are
fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute, judicial order, or
regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in Section
3.4 and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to understand
it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
MuleSource Inc. ("MuleSource") may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by MuleSource. No one other than MuleSource has the right to
modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases "MuleSource",
"MSPL" or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise make it
clear that Your version of the license contains terms which differ from the
MuleSource Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code which
are properly granted shall survive any termination of this License. Provisions
which, by their nature, must remain in effect beyond the termination of this
License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted to
You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
as of the date You first made, used, sold, distributed, or had made,
Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any
patent where such claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights set forth
herein.
11. MISCELLANEOUS. This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary to
make it enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in which at least one party
is a citizen of, or an entity chartered or registered to do business in the
United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the
Contributors, each party is responsible for claims and damages arising, directly
or indirectly, out of its utilization of rights under this License and You agree
to work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or shall be
deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the
Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under Your choice
of the SPL or the alternative licenses, if any, specified by the Initial
Developer in the file described in Exhibit A.
MuleSource Public License 1.1.4 - Exhibit A
The contents of this file are subject to the MuleSource Public License Version
1.1.4 ("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.MuleSource.com/MSPL
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the
specific language governing rights and limitations under the License.
The Original Code is: MuleSource Mule
The Initial Developer of the Original Code is MuleSource, Inc.
Portions created by MuleSource are Copyright (C) 2003 MuleSource, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the text
of this Exhibit A rather than the text found in the Original Code Source Code
for Your Modifications.]
MuleSource Public License 1.1.4 - Exhibit B
Additional Terms applicable to the MuleSource Public License.
I. Effect.These additional terms described in this MuleSource Public License -
Additional Terms shall apply to the Covered Code under this License.
II. MuleSource and logo. This License does not grant any rights to use the
trademarks "MuleSource", "Mule" and the "MuleSource", "Mule" logos even if
such marks are included in the Original Code or Modifications.
Redistributions of the Covered Code in binary form or source code form, must
ensure that the first time the resulting executable program is launched, a
user interface, if any, shall include the attribution information set forth
below prominently. If the executable program does not launch a user interface,
the Company name and URL shall be included in the notice section of each file
of the Covered Code. :
(a) MuleSource Inc.
(b) Logo image: http://www.mulesource.com/images/mulesource_logo.gif
(c) http://www.mulesource.com
Mulle Kybernetik License
Permission to use, copy, modify and distribute this software and its documentation is hereby granted, provided that both the copyright notice and this permission notice appear in all copies of the software, derivative works or modified versions, and any portions thereof, and that both notices appear in supporting documentation, and that credit is given to Mulle Kybernetik in all documents and publicity pertaining to direct or indirect use of this code or its derivatives.
THIS IS EXPERIMENTAL SOFTWARE AND IT IS KNOWN TO HAVE BUGS, SOME OF WHICH MAY HAVE SERIOUS CONSEQUENCES. THE COPYRIGHT HOLDER ALLOWS FREE USE OF THIS SOFTWARE IN ITS "AS IS" CONDITION. THE COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY OF ANY KIND FOR ANY DAMAGES WHATSOEVER RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS SOFTWARE OR OF ANY DERIVATIVE WORK.
Permission to use, copy, modify, and distribute these programs and their
documentation for any purpose and without fee is hereby granted,provided
that the below copyright notice and historical background appear in all
copies and that both the copyright notice and historical background and
this permission notice appear in supporting documentation, and that
the names of MIT, HIS, BULL or BULL HN not be used in advertising or
publicity pertaining to distribution of the programs without specific
prior written permission.
Copyright 1972 by Massachusetts Institute of Technology and Honeywell Information
Systems Inc.
Copyright 2006 by BULL HN Information Systems Inc.
Copyright 2006 by Bull SAS
All Rights Reserved
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following DISCLAIMER.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following DISCLAIMER in the documentation and/or other materials provided with the distribution.
3. Any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation. including the reasons for the changes, and the names of those who made the modifications.
DISCLAIMER
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If you want to redistribute MuseScore, you must comply with the GNU General Public License (reproduced below).
This license applies to MuseScore with the following exception: If you create a document which uses fonts included in MuseScore, and embed this font or unaltered portions of this font into the document, then this font does not by itself cause the resulting document to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the document might be covered by the GNU General Public License. If you modify this font, you may extend this exception to your version of the font, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
In addition, permission is hereby granted for all public header files
(include/* and arch/*/bits/*) and crt files intended to be linked into
applications (crt/*, ldso/dlstart.c, and arch/*/crt_arch.h) to omit
the copyright notice and permission notice otherwise required by the
license, and to use these files without any requirement of
attribution. These files include substantial contributions from:
Bobby Bingham
John Spencer
Nicholas J. Kain
Rich Felker
Richard Pennington
Stefan Kristiansson
Szabolcs Nagy
all of whom have explicitly granted such permission.
µT-License [License Agreement for Source Code of µT-Kernel]
established by T-Engine Forum
on November 28, 2006
Article 1. Scope of License Agreement
This License Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of µT-Kernel distributed by T-Engine Forum and any derivative work created therefrom.
Article 2. Definition
"µT-Kernel" means a real-time operating system controlled and distributed by T-Engine Forum on behalf of the copyright holder thereof.
"Source Code" means a source program, including related comments and documentations, for the µT-Kernel.
"Modified Source Code" means a source program modified from the Source Code for the purpose of improving its performance, increasing or decreasing its function, and the like.
"Binary Code" means an executable code form which is created by compiling programs, which include all or part of the Source Code or the Modified Source Code.
"Derivative Work of the Source Code" means any of the followings:
The generic name for the Modified Source Code and the Binary Code thereof.
The generic name for the Source Code newly modified by the Developer set forth in Article 2.8 using the Derivative Work of the Source Code and the Binary Code thereof.
The generic name for the Source Code newly modified by the Developer set forth in Article 2.8 using the Derivative Work obtained pursuant to the preceding paragraph (2) and the Binary Code thereof.
"Embedded Product" means execute-only product which uses the Source Code, the Binary Code, or the Derivative Work of the Source Code, and operates with executable code form loaded on its hardware, and which is not available for the development of software.
"End User" means a consumer who uses the Embedded Product.
"Developer" means any of the following persons:
who develops the Embedded Product for itself or has a third party develop the same, and provides, whether with or without payment, the End User with the Embedded Product.
who develops the Modified Source Code and provides, whether with or without payment, the End User with the Modified Source Code.
who uses the Source Code or the Derivative Work of the Source Code.
"Distribution" means any of the following acts:
to transmit a work to a large number of specific persons through the Internet communication, broadcasting, and the like;
to transmit a work to the general public through the Internet communication, broadcasting, and the like automatically in response to a request from the public; and
to distribute a reproduction of a work to the general public or a large number of specific persons.
Article 3. Copyright
The copyrights of the Source Code shall be owned by Ken Sakamura.
Article 4. License of Source Code
As provided for in this Article, T-Engine Forum shall provide, and grant a license to use, the Source Code free of charge to the Developer who has taken the necessary procedure for registration as prescribed by T-Engine Forum and agreed to the µT-License.
The Source Code shall be distributed exclusively by T-Engine Forum. No Developer who obtains the Source Code under Article 4.1 above may re-Distribute the Source Code. Provided, however, that the Developer who has obtained the Source Code may directly re-Distribute the Source Code to any other Developer only if the said Developer complies with all the following conditions:
The Developer shall not make any modification to the Source Code when re-Distributing the Source Code;
The Developer shall provide this License Agreement to an other Developer and require the said other Developer to comply with the terms and conditions set forth herein when re-Distributing the Source Code; and
The Developer shall encourage the other Developer, to whom the Developer has re-Distributed the Source Code, to take the procedure for agreement to the µT-License set forth in Article 4.1 before the said other Developer performs any of the acts set forth in Article 4.3.
In accordance with the license granted under Article 4.1 or Article 4.2 above, the Developer may perform the following acts with respect to the Source Code:
to copy and/or modify the Source Code provided by T-Engine Forum hereunder for its own research, development and the like.
to run the Source Code provided by T-Engine Forum hereunder for its own research, development and the like.
to run the Source Code modified in accordance with the provision of (1) above for its own research, development and the like.
to develop and manufacture the Embedded Product containing the Binary Code, and, whether with or without payment, provide the End User with the same and make the Binary Code available to the End User on the Embedded Product.
The Developer may perform the following acts with respect to the Derivative Work of the Source Code:
to copy and/or modify the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code for its own research, development and the like.
to distribute, whether with or without payment, the Derivative Work of the Source Code to any third party. Provided, however, that if the Developer has the other Developer re-Distribute the Derivative Work of the Source Code which the said other Developer has obtained from the said Developer, the Developer shall provide the said other Developer with this License Agreement and require the said other Developer to comply with the terms and conditions set forth herein.
to run the Derivative Work of the Source Code modified pursuant to paragraph (1) above for its own research, development and the like.
to distribute the Derivative Work of the Source Code modified pursuant to paragraph (1) above to a third party on a stand-alone basis, or license a third party to distribute the same in the Binary Code form, whether with or without payment. Provided, however, that if the Developer has the other Developer re-Distribute the Derivative Work of the Source Code which the said other Developer has obtained from the said Developer, the Developer shall provide the said other Developer with this License Agreement and require the said other Developer to comply with the terms and conditions set forth herein.
to make the Embedded Product available to the End User with the use of the Derivative Work of the Source Code distributed by the other Developer under the same conditions as set forth in Articles 4.6 and 4.7.
The Developer who has created the Derivative Work of the Source Code set forth in paragraph (2) or (3) of Article 2.5 (the "Derivative Work") may decide at its own discretion whether or not to permit the other Developer to perform the acts set forth in paragraphs (3) and (5) of Article 4.4 when the said other Developer uses the Derivative Work.
The Developer shall be obligated to give a notice that the Source Code is used, in such a way as separately established by T-Engine Forum, when they use the Source Code or the Derivative Work of the Source Code, or make the Binary Code available to the End User on the Embedded Product.
The Developer who is a member of T-Engine Forum shall be released from the obligation to give a notice set forth in the preceding Article if the said Developer applies for said release to T-Engine Forum in a manner separately determined by T-Engine Forum.
Article 5. Use for Other Purpose
Any use of the Source Code or the Derivative Work of the Source Code other than those stipulated in Articles 4 shall be subject to the prior approval of T-Engine Forum.
Article 6. Confirmation of Adequateness
The Derivative Work of the Source Code shall be required to pass a test to be conducted to confirm adequateness in a manner separately determined by T-Engine Forum before the Distribution thereof.
If the Derivative Work of the Source Code is used for the Embedded Product, there is no need to implement all the functions thereof or to confirm the adequateness thereof.
Article 7. Limited Warranty
T-Engine Forum and the copyright holder of the Source Code warrant that the Source Code does not infringe upon third party's copyrights.
Neither T-Engine Forum nor the copyright holder of the Source Code warrants that the Source Code will fit for any particular purpose of the Source Code User.
Neither T-Engine Forum nor the copyright holder of the Source Code warrants that the Source Code does not infringe upon any third party's industrial property rights. In no event shall T-Engine Forum and the copyright holder of the Source Code be liable for any dispute which may arise between the Source Code User and a third party in connection with the third party's industrial property rights.
Article 8. Indemnity
Neither T-Engine Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if T-Engine Forum and the copyright holder have been informed of the possibility of such damages.
Article 9. Breach of Agreement
In case of breach of this License Agreement, T-Engine Forum shall have the breaching person remedy such a breach and take measures on the ground of copyright infringement against the person regardless of whether or not the said person is a member of T-Engine Forum.
In case of breach of this License Agreement by a member of T-Engine Forum, T-Engine Forum may take appropriate measures against the member; for example, the member is disqualified from membership, depending on what kind of breach has been committed by it.
Any legal dispute which may arise in relation to any breach of this License Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 10. Governing Law and Language
This License Agreement shall be governed by and interpreted under the laws of Japan.
This License Agreement is executed in both Japanese text and English text provided that the Japanese text shall govern the interpretation and performance of this License Agreement.
MVT License 1.1
===============
1. Definitions
--------------
1.1. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution"
means Covered Software of a particular Contributor.
1.4. "Covered Software"
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means
(a) that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
(b) that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the
terms of a Secondary License.
1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines Covered Software with other material, in
a separate file or files, that is not Covered Software.
1.8. "License"
means this document.
1.9. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.10. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the
License, by the making, using, selling, offering for sale, having
made, import, or transfer of either its Contributions or its
Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
1.15. "Data"
means any data extracted from an electronic device with or without
use of Covered Software, and/or analysed using Covered Software or
a Larger Work.
1.16. "Device Owner" (or "Device Owners")
means an individual or a legal entity with legal ownership of an
electronic device which is being analysed through the use of
Covered Software or a Larger Work, or from which Data was extracted
for subsequent analysis.
1.17. "Data Owner" (or "Data Owners")
means an individual or group of individuals who made legitimate use
of the electronic device from which Data that is extracted and/or
analyzed originated. "Data Owner" might or might not differ from
"Device Owner".
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:
(a) for any code that a Contributor has removed from Covered Software;
or
(b) for infringements caused by: (i) Your and any other third party's
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
(c) under Patent Claims infringed by Covered Software in the absence of
its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.0, 3.1, 3.2, 3.3, and 3.6 are conditions of the licenses
granted in Section 2.1.
3. Responsibilities
-------------------
3.0. Consensual Use Restriction
Use of Covered Software or of a Larger Work is permitted provided that
the Data Owner must explicitly consent to the procedure, free from any
form of coercion, and must be fully informed about the nature of the
procedure, its privacy implications, and any data retention and disposal
policy.
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of Covered
Software with a work governed by one or more Secondary Licenses, and the
Covered Software is not Incompatible With Secondary Licenses, this
License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the Covered
Software under the terms of either this License or such Secondary
License(s).
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on
behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Covered Software is provided under this License on an "as is" *
* basis, without warranty of any kind, either expressed, implied, or *
* statutory, including, without limitation, warranties that the *
* Covered Software is free of defects, merchantable, fit for a *
* particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
* Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
* repair, or correction. This disclaimer of warranty constitutes an *
* essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Software as *
* permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party's negligence to the *
* extent applicable law prohibits such limitation. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Claudio Guarnieri is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the MVT License,
v. 1.1. If a copy of the MVT License was not distributed with this
file, You can obtain one at https://license.mvt.re/1.1/.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------
This Source Code Form is "Incompatible With Secondary Licenses", as
defined by the MVT License, v. 1.1.
This license is an adaption of Mozilla Public License, v. 2.0.
The MX4J License, Version 1.0
Copyright (c) by the MX4J contributors. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by the
MX4J project (http://mx4j.sourceforge.net)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The name "MX4J" must not be used to endorse or promote
products derived from this software without prior written
permission.
For written permission, please contact biorn_steedom@users.sourceforge.net
5. Products derived from this software may not be called "MX4J",
nor may "MX4J" appear in their name, without prior written
permission of Simone Bordet.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE MX4J CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
====================================================================
This software consists of voluntary contributions made by many
individuals on behalf of the MX4J project. For more information on
MX4J, please see
<http://mx4j.sourceforge.net>.
MathParser.org-mXparser DUAL LICENSE AGREEMENT as of 2024-05-19
AUTHOR: Copyright 2010 – 2024 Mariusz Gromada – https://mathparser.org – All rights reserved
PUBLISHER: INFIMA Iwona Głowacka-Gromada – https://payhip.com/infima
SOFTWARE means source code and/or binary form and/or documentation.
PRODUCT: MathParser.org-mXparser SOFTWARE
LICENSE: DUAL LICENSE AGREEMENT
BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE DUAL LICENSE AGREEMENT.
The AUTHOR & PUBLISHER provide the PRODUCT under the DUAL LICENSE AGREEMENT model designed to meet the needs of both non-commercial use and commercial use.
NON-COMMERCIAL USE means any use or activity where a fee is not charged and the purpose is not the sale of a good or service, and the use or activity is not intended to produce a profit. Examples of NON-COMMERCIAL USE include:
Non-commercial open-source software.
Non-commercial mobile applications.
Non-commercial desktop software.
Non-commercial web applications/solutions.
Non-commercial use in research, scholarly, and educational context.
The above list of examples is non-exhaustive and illustrative only.
COMMERCIAL USE means any use or activity where a fee is charged, the purpose is the sale of a good or service, or the use or activity is intended to produce a profit. Example of COMMERCIAL USE include:
OEMs (Original Equipment Manufacturers).
ISVs (Independent Software Vendors).
VARs (Value Added Resellers).
Other distributors that combine and distribute commercially licensed software.
The above list of examples is non-exhaustive and illustrative only.
IN CASE YOU WANT TO USE THE PRODUCT COMMERCIALLY, YOU MUST PURCHASE THE APPROPRIATE LICENSE FROM “INFIMA” ONLINE STORE, STORE ADDRESS:
https://mathparser.org/order-commercial-license
https://payhip.com/infima
NON-COMMERCIAL LICENSE
Redistribution and use of the PRODUCT in source and/or binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the unmodified content of the entire MathParser.org-mXparser DUAL LICENSE AGREEMENT, including the definition of NON-COMMERCIAL USE, the definition of COMMERCIAL USE, the NON-COMMERCIAL LICENSE conditions, the COMMERCIAL LICENSE conditions, and the following DISCLAIMER.
Redistributions in binary form must reproduce the entire content of MathParser.org-mXparser DUAL LICENSE AGREEMENT in the documentation and/or other materials provided with the distribution, including the definition of NON-COMMERCIAL USE, the definition of COMMERCIAL USE, the NON-COMMERCIAL LICENSE conditions, the COMMERCIAL LICENSE conditions, and the following DISCLAIMER.
Any form of redistribution requires confirmation and signature of the NON-COMMERCIAL USE by successfully calling the method License.iConfirmNonCommercialUse(…). The method call is used only internally for logging purposes, and there is no connection with other external services, and no data is sent or collected. The lack of a method call (or its successful call) does not affect the operation of the PRODUCT in any way. Please see the API documentation.
COMMERCIAL LICENSE
Before purchasing a commercial license, the AUTHOR & PUBLISHER allow you to download, install, and use up to three copies of the PRODUCT to perform integration tests, confirm the quality of the PRODUCT, and its suitability. The testing period should be limited to fourteen days. Tests should be performed under the test environments conditions and not for profit generation.
Provided that you purchased a license from “INFIMA” online store (store address: https://mathparser.org/order-commercial-license or https://payhip.com/infima), you comply with all terms and conditions below, and you have acknowledged and understood the following DISCLAIMER, the AUTHOR & PUBLISHER grant you a nonexclusive license with the following rights:
The license is granted only to you, the person or entity that made the purchase, identified and confirmed by the data provided during the purchase.
If you purchased a license in the “ONE-TIME PURCHASE” model, the license is granted only for the PRODUCT version specified in the purchase. The upgrade policy gives you additional rights, described in the dedicated section below.
If you purchased a license in the “SUBSCRIPTION” model, you may install and use any version of the PRODUCT during the subscription validity period.
If you purchased a “SINGLE LICENSE”, you may install and use the PRODUCT on/from one workstation that is located/accessible at/from any of your premises.
Additional copies of the PRODUCT may be installed and used on/from more than one workstation, limited to the number of workstations purchased per order.
If you purchased a “SITE LICENSE “, the PRODUCT may be installed and used on/from all workstations located/accessible at/from any of your premises.
You may incorporate the unmodified PRODUCT into your own products and software.
If you purchased a license with the “SOURCE CODE” option, you may modify the PRODUCT’s source code and incorporate the modified source code into your own products and/or software.
Provided that the license validity period has not expired, you may distribute your product and/or software with the incorporated PRODUCT royalty-free.
You may make copies of the PRODUCT for backup and archival purposes.
Any form of redistribution requires confirmation and signature of the COMMERCIAL USE by successfully calling the method License.iConfirmCommercialUse(…). The method call is used only internally for logging purposes, and there is no connection with other external services, and no data is sent or collected. The lack of a method call (or its successful call) does not affect the operation of the PRODUCT in any way. Please see the API documentation.
The AUTHOR & PUBLISHER reserve all rights not expressly granted to you in this agreement.
ADDITIONAL CLARIFICATION ON WORKSTATION
A workstation is a device, a remote device, or a virtual device used by you, your employees, or other entities to whom you have commissioned tasks. For example, the number of workstations may refer to the number of software developers, engineers, architects, scientists, and other professionals who use the PRODUCT on your behalf. The number of workstations is not the number of copies of your end-product that you distribute to your end-users.
By purchasing the COMMERCIAL LICENSE, you only pay for the number of workstations, while the number of copies/users of your final product (delivered to your end-users) is not limited.
Below are some examples to help you select the right license size:
Example 1: Single Workstation License
Only one developer works on the development of your application. You do not use separate environments for testing, meaning you design, create, test, and compile your final application on one environment. In this case, you need a license for a single workstation.
Example 2: Up to 5 Workstations License
Two developers are working on the development of your application. Additionally, one tester conducts tests in a separate environment. You use three workstations in total, so you need a license for up to five workstations.
Example 3: Up to 20 Workstations License
Ten developers are working on the development of your application. Additionally, five testers conduct tests in separate environments. You use fifteen workstations in total, so you need a license for up to twenty workstations.
Example 4: Site License
Several dozen developers and testers work on the development of your application using multiple environments. You have a large, multi-disciplinary team involved in creating your solution. As your team is growing and you want to avoid licensing limitations, the best choice would be a site license.
UPGRADE POLICY
The PRODUCT is versioned according to the following convention:
[MAJOR] . [MINOR] . [PATCH]
COMMERCIAL LICENSE holders can install and use the updated version for bug fixes free of charge, i.e., if you have purchased a license for the [MAJOR] . [MINOR] version (e.g., 5.0), you can freely install all releases specified in the [PATCH] version (e.g., 5.0.2). The license terms remain unchanged after the update.
COMMERCIAL LICENSE holders for the [MAJOR] . [MINOR] version (e.g., 5.0) can install and use the updated version [MAJOR] . [MINOR + 1] free of charge, i.e., plus one release in the [MINOR] range (e.g., 5.1). The license terms remain unchanged after the update.
COMMERCIAL LICENSE holders who wish to upgrade their version but are not eligible for the free upgrade, can claim a discount when purchasing the upgrade. For this purpose, please contact us via email.
DISCLAIMER
THIS PRODUCT IS PROVIDED BY THE AUTHOR & PUBLISHER “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL AUTHOR OR PUBLISHER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE VIEWS AND CONCLUSIONS CONTAINED IN THE PRODUCT AND DOCUMENTATION ARE THOSE OF THE AUTHORS AND SHOULD NOT BE INTERPRETED AS REPRESENTING OFFICIAL POLICIES, EITHER EXPRESSED OR IMPLIED, OF THE AUTHOR OR PUBLISHER.
As a special exception to the MySQL Connector/ODBC GPL license, one is allowed
to use the product with any ODBC manager, even if the ODBC manager is not licensed under the GPL. In other words: The ODBC manager itself is not affected by the MySQL Connector/ODBC GPL license.
MySQL FLOSS License Exception
The MySQL AB Exception for Free/Libre and Open Source Software-only
Applications Using MySQL Client Libraries (the "FLOSS Exception").
Version 0.6, 7 March 2007
Exception Intent
We want specified Free/Libre and Open Source Software (``FLOSS'')
applications to be able to use specified GPL-licensed MySQL client
libraries (the ``Program'') despite the fact that not all FLOSS licenses
are compatible with version 2 of the GNU General Public License (the
``GPL'').
Legal Terms and Conditions
As a special exception to the terms and conditions of version 2.0 of the
GPL:
1. You are free to distribute a Derivative Work that is formed entirely
from the Program and one or more works (each, a "FLOSS Work") licensed
under one or more of the licenses listed below in section 1, as long as:
a. You obey the GPL in all respects for the Program and the Derivative
Work, except for identifiable sections of the Derivative Work which are not
derived from the Program, and which can reasonably be considered
independent and separate works in themselves,
b. all identifiable sections of the Derivative Work which are not derived
from the Program, and which can reasonably be considered independent and
separate works in themselves,
i. are distributed subject to one of the FLOSS licenses listed below, and
ii. the object code or executable form of those sections are accompanied by
the complete corresponding machine-readable source code for those sections
on the same medium and under the same FLOSS license as
the corresponding object code or executable forms of those sections, and
c. any works which are aggregated with the Program or with a Derivative
Work on a volume of a storage or distribution medium in accordance with the
GPL, can reasonably be considered independent and separate works in
themselves
which are not derivatives of either the Program, a Derivative Work or a
FLOSS Work.
If the above conditions are not met, then the Program may only be copied,
modified, distributed or used under the terms and conditions of the GPL or
another valid licensing option from MySQL AB.
2. FLOSS License List
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 1.0/1.1/2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Development and Distribution License (CDDL) 1.0
Common Public License 1.0
Eclipse Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1
Jabber Open Source License 1.0
MIT license (As listed in file MIT-License.txt) ---
Mozilla Public License (MPL) 1.0/1.1
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) ---
Python Software Foundation License 2.1.1
Sleepycat License "1999"
University of Illinois/NCSA Open Source License ---
W3C License "2001"
X11 License "2001"
Zlib/libpng License ---
Zope Public License 2.0
Due to the many variants of some of the above licenses, we require that any
version follow the 2003 version of the Free Software Foundation's Free
Software Definition (http://www.gnu.org/philosophy/free-sw.html) or version
1.9 of the Open Source Definition by the Open Source Initiative
http://www.opensource.org/docs/definition.php).
3. Definitions
a. Terms used, but not defined, herein shall have the meaning provided in
the GPL.
b. Derivative Work means a derivative work under copyright law.
4. Applicability: This FLOSS Exception applies to all Programs that contain
a notice placed by MySQL AB saying that the Program may be distributed
under the terms of this FLOSS Exception. If you create or distribute a work
which is a Derivative Work of both the Program and any other work licensed
under the GPL, then this FLOSS Exception is not available for that work;
thus, you must remove the FLOSS Exception notice from that work and comply
with the GPL in all respects, including by retaining all GPL notices. You
may choose to redistribute a copy of the Program exclusively under the
terms of the GPL by removing the FLOSS Exception notice from that copy of
the Program, provided that the copy has never been modified by you or any
third party.
Appendix A. Qualified Libraries and Packages
The following is a non-exhaustive list of libraries and packages which are
covered by the FLOSS License Exception. Please note that this appendix is
provided merely as an additional service to
specific FLOSS projects wishing to simplify licensing information for their
users. Compliance with one of the licenses noted under the "FLOSS license
list" section remains a prerequisite.
Package Name Qualifying License and Version
Apache Portable Runtime (APR) Apache Software License 2.0
This program is also distributed with certain software (including
but not limited to OpenSSL) that is licensed under separate terms,
as designated in a particular file or component or in included license
documentation. The authors of MySQL hereby grant you an additional
permission to link the program and your derivative works with the
separately licensed software that they have included with MySQL.
# The n8n Enterprise License (the “Enterprise License”)
With regard to the n8n Software:
This software and associated documentation files (the "Software") may only be used in production, if
you (and any entity that you represent) hold a valid n8n Enterprise license corresponding to your
usage. Subject to the foregoing sentence, you are free to modify this Software and publish patches
to the Software. You agree that n8n and/or its licensors (as applicable) retain all right, title and
interest in and to all such modifications and/or patches, and all such modifications and/or patches
may only be used, copied, modified, displayed, distributed, or otherwise exploited with a valid n8n
Enterprise license for the corresponding usage. Notwithstanding the foregoing, you may copy and
modify the Software for development and testing purposes, without requiring a subscription. You
agree that n8n and/or its licensors (as applicable) retain all right, title and interest in and to
all such modifications. You are not granted any other rights beyond what is expressly stated herein.
Subject to the foregoing, it is forbidden to copy, merge, publish, distribute, sublicense, and/or
sell the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
For all third party components incorporated into the n8n Software, those components are licensed
under the original license provided by the owner of the applicable component.
Use, reproduction, and distribution of this software is permitted.
Any copy of this software, whether in its original form or modified,
must include both the above copyright notice and the following
paragraphs.
Nara Institute of Science and Technology (NAIST),
the copyright holders, disclaims all warranties with regard to this
software, including all implied warranties of merchantability and
fitness, in no event shall NAIST be liable for
any special, indirect or consequential damages or any damages
whatsoever resulting from loss of use, data or profits, whether in an
action of contract, negligence or other tortuous action, arising out
of or in connection with the use or performance of this software.
A large portion of the dictionary entries
originate from ICOT Free Software. The following conditions for ICOT
Free Software applies to the current dictionary as well.
Each User may also freely distribute the Program, whether in its
original form or modified, to any third party or parties, PROVIDED
that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear
on, or be attached to, the Program, which is distributed substantially
in the same form as set out herein and that such intended
distribution, if actually made, will neither violate or otherwise
contravene any of the laws and regulations of the countries having
jurisdiction over the User or the intended distribution itself.
NO WARRANTY
The program was produced on an experimental basis in the course of the
research and development conducted during the project and is provided
to users as so produced on an experimental basis. Accordingly, the
program is provided without any warranty whatsoever, whether express,
implied, statutory or otherwise. The term "warranty" used herein
includes, but is not limited to, any warranty of the quality,
performance, merchantability and fitness for a particular purpose of
the program and the nonexistence of any infringement or violation of
any right of any third party.
Each user of the program will agree and understand, and be deemed to
have agreed and understood, that there is no warranty whatsoever for
the program and, accordingly, the entire risk arising from or
otherwise connected with the program is assumed by the user.
Therefore, neither ICOT, the copyright holder, or any other
organization that participated in or was otherwise related to the
development of the program and their respective officials, directors,
officers and other employees shall be held liable for any and all
damages, including, without limitation, general, special, incidental
and consequential damages, arising out of or otherwise in connection
with the use or inability to use the program or any product, material
or result produced or otherwise obtained by using the program,
regardless of whether they have been advised of, or otherwise had
knowledge of, the possibility of such damages at any time during the
project or thereafter. Each user will be deemed to have agreed to the
foregoing by his or her commencement of use of the program. The term
"use" as used herein includes, but is not limited to, the use,
modification, copying and distribution of the program and the
production of secondary products from the program.
In the case where the program, whether in its original form or
modified, was distributed or delivered to or received by a user from
any person, organization or entity other than ICOT, unless it makes or
grants independently of ICOT any specific warranty to the user in
writing, such person, organization or entity, will also be exempted
from and not be held liable to the user for any such damages as noted
above as far as the program is concerned.
Oxford Nanopore Technologies PLC. Public License Version 1.0
=============================================================
1. Definitions
--------------
1.1. “Contributor”
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. “Contributor Version”
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor’s Contribution.
1.3. “Contribution”
means Covered Software of a particular Contributor.
1.4. “Covered Software”
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. “Executable Form”
means any form of the work other than Source Code Form.
1.6. “Larger Work”
means a work that combines Covered Software with other material, in
a separate file or files, that is not Covered Software.
1.7. “License”
means this document.
1.8. “Licensable”
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.9. “Modifications”
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.10. “Research Purposes”
means use for internal research and not intended for or directed
towards commercial advantages or monetary compensation; provided,
however, that monetary compensation does not include sponsored
research of research funded by grants.
1.11 “Secondary License”
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.12. “Source Code Form”
means the form of the work preferred for making modifications.
1.13. “You” (or “Your”)
means an individual or a legal entity exercising rights under this
License. For legal entities, “You” includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, “control” means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license under Contributor copyrights Licensable by such
Contributor to use, reproduce, make available, modify, display,
perform, distribute, and otherwise exploit solely for Research Purposes
its Contributions, either on an unmodified basis, with Modifications,
or as part of a Larger Work.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor
first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License. The
License is incompatible with Secondary Licenses. Notwithstanding
Section 2.1 above, no copyright license is granted:
(a) for any code that a Contributor has removed from Covered Software;
or
(b) use of the Contributions or its Contributor Version other than for
Research Purposes only; or
(c) for infringements caused by: (i) Your and any other third party’s
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version).
This License does not grant any rights in the patents, trademarks,
service marks, or logos of any Contributor (except as may be necessary
to comply with the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License
(if permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients’ rights in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this
License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. The Larger Work may not be a combination of Covered
Software with a work governed by one or more Secondary Licenses.
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may not choose to offer, or charge a fee for use of the Covered
Software or a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software. You must
make it absolutely clear that any such warranty, support, indemnity, or
liability obligation is offered by You alone, and You hereby agree to
indemnify every Contributor for any liability incurred by such
Contributor as a result of warranty, support, indemnity or liability
terms You offer. You may include additional disclaimers of warranty and
limitations of liability specific to any jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms.
5.2. If You initiate litigation against any entity by asserting an
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Covered Software is provided under this License on an “as is” *
* basis, without warranty of any kind, either expressed, implied, or *
* statutory, including, without limitation, warranties that the *
* Covered Software is free of defects, merchantable, fit for a *
* particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
* Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
* repair, or correction. This disclaimer of warranty constitutes an *
* essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Software as *
* permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party’s negligence to the *
* extent applicable law prohibits such limitation, but in such event, *
* and to the greatest extent permissible, damages will be limited to *
* direct damages not to exceed one hundred dollars. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party’s ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Oxford Nanopore Technologies PLC. is the license steward. Except as
provided in Section 10.3, no one other than the license steward has the
right to modify or publish new versions of this License. Each version
will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the Oxford Nanopore
Technologies PLC. Public License, v. 1.0. Full licence can be found
at
https://github.com/nanoporetech/modkit/blob/master/LICENCE.txt
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
In addition, as a special exception, Gerry Shaw gives permission to link the
code of this program with the Microsoft .NET library (or with modified versions
of Microsoft .NET library that use the same license as the Microsoft .NET
library), and distribute linked combinations including the two. You must obey
the GNU General Public License in all respects for all of the code used other
than the Microsoft .NET library. If you modify this file, you may extend this
exception to your version of the file, but you are not obligated to do so. If
you do not wish to do so, delete this exception statement from your version.
NASA OPEN SOURCE AGREEMENT VERSION 1.3
THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT AGENCY"). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.
Government Agency:
Government Agency Original Software Designation:
Government Agency Original Software Title:
User Registration Requested. Please Visit http://
Government Agency Point of Contact for Original Software:
1. DEFINITIONS
A. "Contributor" means Government Agency, as the developer of the Original Software, and any entity that makes a Modification.
B. "Covered Patents" mean patent claims licensable by a Contributor that are necessarily infringed by the use or sale of its Modification alone or when combined with the Subject Software.
C. "Display" means the showing of a copy of the Subject Software, either directly or by means of an image, or any other device.
D. "Distribution" means conveyance or transfer of the Subject Software, regardless of means, to another.
E. "Larger Work" means computer software that combines Subject Software, or portions thereof, with software separate from the Subject Software that is not governed by the terms of this Agreement.
F. "Modification" means any alteration of, including addition to or deletion from, the substance or structure of either the Original Software or Subject Software, and includes derivative works, as that term is defined in the Copyright Statute, 17 USC 101. However, the act of including Subject Software as part of a Larger Work does not in and of itself constitute a Modification.
G. "Original Software" means the computer software first released under this Agreement by Government Agency with Government Agency designation and entitled , including source code, object code and accompanying documentation, if any.
H. "Recipient" means anyone who acquires the Subject Software under this Agreement, including all Contributors.
I. "Redistribution" means Distribution of the Subject Software after a Modification has been made.
J. "Reproduction" means the making of a counterpart, image or copy of the Subject Software.
K. "Sale" means the exchange of the Subject Software for money or equivalent value.
L. "Subject Software" means the Original Software, Modifications, or any respective parts thereof.
M. "Use" means the application or employment of the Subject Software for any purpose.
2. GRANT OF RIGHTS
A. Under Non-Patent Rights: Subject to the terms and conditions of this Agreement, each Contributor, with respect to its own contribution to the Subject Software, hereby grants to each Recipient a non-exclusive, world-wide, royalty-free license to engage in the following activities pertaining to the Subject Software:
1. Use
2. Distribution
3. Reproduction
4. Modification
5. Redistribution
6. Display
B. Under Patent Rights: Subject to the terms and conditions of this Agreement, each Contributor, with respect to its own contribution to the Subject Software, hereby grants to each Recipient under Covered Patents a non-exclusive, world-wide, royalty-free license to engage in the following activities pertaining to the Subject Software:
1. Use
2. Distribution
3. Reproduction
4. Sale
5. Offer for Sale
C. The rights granted under Paragraph B. also apply to the combination of a Contributor's Modification and the Subject Software if, at the time the Modification is added by the Contributor, the addition of such Modification causes the combination to be covered by the Covered Patents. It does not apply to any other combinations that include a Modification.
D. The rights granted in Paragraphs A. and B. allow the Recipient to sublicense those same rights. Such sublicense must be under the same terms and conditions of this Agreement.
3. OBLIGATIONS OF RECIPIENT
A. Distribution or Redistribution of the Subject Software must be made under this Agreement except for additions covered under paragraph 3H.
1. Whenever a Recipient distributes or redistributes the Subject Software, a copy of this Agreement must be included with each copy of the Subject Software; and
2. If Recipient distributes or redistributes the Subject Software in any form other than source code, Recipient must also make the source code freely available, and must provide with each copy of the Subject Software information on how to obtain the source code in a reasonable manner on or through a medium customarily used for software exchange.
B. Each Recipient must ensure that the following copyright notice appears prominently in the Subject Software:
[Government Agency will insert the applicable copyright notice in each agreement accompanying the initial distribution of original software and remove this bracketed language.]
[The following copyright notice will be used if created by a contractor pursuant to Government Agency contract and rights obtained from creator by assignment. Government Agency will insert the year and its Agency designation and remove the bracketed language.] Copyright " {YEAR} United States Government as represented by . All Rights Reserved.
[The following copyright notice will be used if created by civil servants only. Government Agency will insert the year and its Agency designation and remove the bracketed language.] Copyright " {YEAR} United States Government as represented by . No copyright is claimed in the United States under Title 17, U.S.Code. All Other Rights Reserved.
C. Each Contributor must characterize its alteration of the Subject Software as a Modification and must identify itself as the originator of its Modification in a manner that reasonably allows subsequent Recipients to identify the originator of the Modification. In fulfillment of these requirements, Contributor must include a file (e.g., a change log file) that describes the alterations made and the date of the alterations, identifies Contributor as originator of the alterations, and consents to characterization of the alterations as a Modification, for example, by including a statement that the Modification is derived, directly or indirectly, from Original Software provided by Government Agency. Once consent is granted, it may not thereafter be revoked.
D. A Contributor may add its own copyright notice to the Subject Software. Once a copyright notice has been added to the Subject Software, a Recipient may not remove it without the express permission of the Contributor who added the notice.
E. A Recipient may not make any representation in the Subject Software or in any promotional, advertising or other material that may be construed as an endorsement by Government Agency or by any prior Recipient of any product or service provided by Recipient, or that may seek to obtain commercial advantage by the fact of Government Agency's or a prior Recipient's participation in this Agreement.
F. In an effort to track usage and maintain accurate records of the Subject Software, each Recipient, upon receipt of the Subject Software, is requested to register with Government Agency by visiting the following website: . Recipient's name and personal information shall be used for statistical purposes only. Once a Recipient makes a Modification available, it is requested that the Recipient inform Government Agency at the web site provided above how to access the Modification.
[Alternative paragraph for use when a web site for release and monitoring of subject software will not be supported by releasing Government Agency] In an effort to track usage and maintain accurate records of the Subject Software, each Recipient, upon receipt of the Subject Software, is requested to provide Government Agency, by e-mail to the Government Agency Point of Contact listed in clause 5.F., the following information: . Recipient's name and personal information shall be used for statistical purposes only. Once a Recipient makes a Modification available, it is requested that the Recipient inform Government Agency, by e-mail to the Government Agency Point of Contact listed in clause 5.F., how to access the Modification.
G. Each Contributor represents that that its Modification is believed to be Contributor's original creation and does not violate any existing agreements, regulations, statutes or rules, and further that Contributor has sufficient rights to grant the rights conveyed by this Agreement.
H. A Recipient may choose to offer, and to charge a fee for, warranty, support, indemnity and/or liability obligations to one or more other Recipients of the Subject Software. A Recipient may do so, however, only on its own behalf and not on behalf of Government Agency or any other Recipient. Such a Recipient must make it absolutely clear that any such warranty, support, indemnity and/or liability obligation is offered by that Recipient alone. Further, such Recipient agrees to indemnify Government Agency and every other Recipient for any liability incurred by them as a result of warranty, support, indemnity and/or liability offered by such Recipient.
I. A Recipient may create a Larger Work by combining Subject Software with separate software not governed by the terms of this agreement and distribute the Larger Work as a single product. In such case, the Recipient must make sure Subject Software, or portions thereof, included in the Larger Work is subject to this Agreement.
J. Notwithstanding any provisions contained herein, Recipient is hereby put on notice that export of any goods or technical data from the United States may require some form of export license from the U.S. Government. Failure to obtain necessary export licenses may result in criminal liability under U.S. laws. Government Agency neither represents that a license shall not be required nor that, if required, it shall be issued. Nothing granted herein provides any such export license.
4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION
A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES IT "AS IS."
B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS AGREEMENT.
5. GENERAL TERMS
A. Termination: This Agreement and the rights granted hereunder will terminate automatically if a Recipient fails to comply with these terms and conditions, and fails to cure such noncompliance within thirty (30) days of becoming aware of such noncompliance. Upon termination, a Recipient agrees to immediately cease use and distribution of the Subject Software. All sublicenses to the Subject Software properly granted by the breaching Recipient shall survive any such termination of this Agreement.
B. Severability: If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement.
C. Applicable Law: This Agreement shall be subject to United States federal law only for all purposes, including, but not limited to, determining the validity of this Agreement, the meaning of its provisions and the rights, obligations and remedies of the parties.
D. Entire Understanding: This Agreement constitutes the entire understanding and agreement of the parties relating to release of the Subject Software and may not be superseded, modified or amended except by further written agreement duly executed by the parties.
E. Binding Authority: By accepting and using the Subject Software under this Agreement, a Recipient affirms its authority to bind the Recipient to all terms and conditions of this Agreement and that that Recipient hereby agrees to all terms and conditions herein.
F. Point of Contact: Any Recipient contact with Government Agency is to be directed to the designated representative as follows: .
Naughter Software License
You are allowed to include the source code in any product (commercial, shareware, freeware or otherwise) when your product is released in binary form.
You are allowed to modify the source code in any way you want except you cannot modify the copyright details at the top of each module.
If you want to distribute source code with your application, then you are only allowed to distribute versions released by the author. This is to maintain a single distribution point for the source code.
The executable file itself, namely "ShelExec.exe" can be freely redistributed by anyone.
NAUMEN Public License
This software is Copyright (c) NAUMEN (tm) and Contributors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions in source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The name NAUMEN (tm) must not be used to endorse or promote products derived from this software without prior written permission from NAUMEN.
4. The right to distribute this software or to use it for any purpose does not give you the right to use Servicemarks (sm) or Trademarks (tm) of NAUMEN.
5. If any files originating from NAUMEN or Contributors are modified, you must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
Disclaimer:
THIS SOFTWARE IS PROVIDED BY NAUMEN "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL NAUMEN OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of contributions made by NAUMEN and Contributors. Specific attributions are listed in the accompanying credits file.
The Net Boolean Public License
Version 1, 22 August 1998
Copyright 1998, Net Boolean Incorporated, Redwood City, California, USA
All Rights Reserved.
Note:
This license is derived from the "Artistic License" as distributed
with the Perl Programming Language. Its terms are different from
those of the "Artistic License."
PREAMBLE
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people involved,
and so on. (You will not be required to justify it to the
Copyright Holder, but only to the computing community at large
as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A Package
modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and
when you changed that file, and provided that you do at least ONE of the
following:
a) place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or
an equivalent medium, or placing the modifications on a major archive
site such as uunet.uu.net, or by allowing the Copyright Holder to include
your modifications in the Standard Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide
a separate manual page for each non-standard executable that clearly
documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) accompany the distribution with the machine-readable source of
the Package with your modifications.
c) accompany any non-standard executables with their corresponding
Standard Version executables, giving the non-standard executables
non-standard names, and clearly documenting the differences in manual
pages (or equivalent), together with instructions on where to get
the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this
Package. You may charge any fee you choose for support of this Package.
You may not charge a fee for this Package itself. However,
you may distribute this Package in aggregate with other (possibly
commercial) programs as part of a larger (possibly commercial) software
distribution provided that you do not advertise this Package as a
product of your own.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall
under the copyright of this Package, but belong to whomever generated
them, and may be sold commercially, and may be aggregated with this
Package.
7. C subroutines supplied by you and linked into this Package in order
to emulate subroutines and variables of the language defined by this
Package shall not be considered part of this Package, but are the
equivalent of input as in Paragraph 6, provided these subroutines do
not change the language in any way that would cause it to fail the
regression tests for the language.
8. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
PUBLIC DOMAIN NOTICE
National Center for Biotechnology Information
With the exception of certain third-party files summarized below, this
software is a "United States Government Work" under the terms of the
United States Copyright Act. It was written as part of the authors'
official duties as United States Government employees and thus cannot
be copyrighted. This software is freely available to the public for
use. The National Library of Medicine and the U.S. Government have not
placed any restriction on its use or reproduction.
Although all reasonable efforts have been taken to ensure the accuracy
and reliability of the software and data, the NLM and the U.S.
Government do not and cannot warrant the performance or results that
may be obtained by using this software or data. The NLM and the U.S.
Government disclaim all warranties, express or implied, including
warranties of performance, merchantability or fitness for any
particular purpose.
Please cite the authors in any work or product based on this material.
Non-Commercial Government Licence
for public sector information
You are encouraged to use and re-use the Information that is available under this licence freely and flexibly, with only a few conditions.
Using information under this licence
Use of copyright and database right material expressly made available under this licence (the ‘Information’) indicates your acceptance of the terms and conditions below.
The Licensor grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information for Non-Commercial purposes only subject to the conditions below.
This licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
You are free to:
copy, publish, distribute and transmit the Information;
adapt the Information;
exploit the Information for Non-Commercial purposes for example, by combining it with other information in your own product or application.
You are not permitted to:
exercise any of the rights granted to you by this licence in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.
You must, where you do any of the above:
acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence;
If the Information Provider does not provide a specific attribution statement, you must use the following:
Contains information licensed under the Non-Commercial Government Licence v2.0.
If you are using Information from several Information Providers and listing multiple attributions is not practical in your product or application, you may include a URI or hyperlink to a resource that contains the required attribution statements.
ensure that any onward licensing of the Information – for example when combined with other information – is for Non-Commercial purposes only.
These are important conditions of this licence and if you fail to comply with them or use the Information other than for Non-Commercial purposes the rights granted to you under this licence, or any similar licence granted by the Licensor, will end automatically.
Exemptions
This licence does not cover the use of:
personal data in the Information;
Information that has not been accessed by way of publication or disclosure under information access legislation (including the Freedom of Information Acts for the UK and Scotland) by or with the consent of the Information Provider;
departmental or public sector organisation logos, crests, military insignia and the Royal Arms except where they form an integral part of a document or dataset;
military insignia
third party rights the Information Provider is not authorised to license;
other intellectual property rights, including patents, trade marks, and design rights; and
identity documents such as the British Passport.
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider and/or Licensor endorse you or your use of the Information.
No warranty
The Information is licensed ‘as is’ and the Information Provider excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Information Provider does not guarantee the continued supply of the Information.
Governing Law
This licence is governed by the laws of the jurisdiction in which the Information Provider has its principal place of business, unless otherwise specified by the Information Provider.
Definitions
In this licence the terms below have the following meanings:
‘Information’
means information protected by copyright or by database right (for example, literary and artistic works, content, data and source code) offered for use under the terms of this licence.
‘Information Provider’
means the person or organisation providing the Information under this licence.
‘Licensor’
means any Information Provider which has the authority to offer Information under the terms of this licence or the Keeper of the Public Records, who has the authority to offer Information subject to Crown copyright and Crown database rights and Information subject to copyright and database right that has been assigned to or acquired by the Crown, under the terms of this licence.
‘Non-Commercial purposes’
means not intended for or directed toward commercial advantage or private monetary compensation. For the purposes of this licence, ‘private monetary compensation’ does not include the exchange of the Information for other copyrighted works by means of digital file-sharing or otherwise provided there is no payment of any monetary compensation in connection with the exchange of the Information.
‘Use’
as a verb, means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.
‘You’
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
NCSA HTTPd Server
Software Development Group
National Center for Supercomputing Applications
University of Illinois at Urbana-Champaign
605 E. Springfield, Champaign IL 61820
httpd@ncsa.uiuc.edu
Copyright (C) 1995, Board of Trustees of the University of Illinois
NCSA HTTPd software, both binary and source (hereafter, Software) is copyrighted by The Board of Trustees of the University of Illinois (UI), and ownership remains with the UI.
The UI grants you (hereafter, Licensee) a license to use the Software for academic, research and internal business purposes only, without a fee. Licensee may distribute the binary and source code (if released) to third parties provided that the copyright notice and this statement appears on all copies and that no charge is associated with such copies.
Licensee may make derivative works. However, if Licensee distributes any derivative work based on or derived from the Software, then Licensee will (1) notify NCSA regarding its distributing of the derivative work, and (2) clearly notify users that such derivative work is a modified version and not the original NCSA HTTPd Server software distributed by the UI by including a statement such as the following:
"Portions developed at the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign."
Any Licensee wishing to make commercial use of the Software should contact the UI, c/o NCSA, to negotiate an appropriate license for such commercial use. Commercial use includes (1) integration of all or part of the source code into a product for sale or license by or on behalf of Licensee to third parties, or (2) distribution of the binary code or source code to third parties that need it to utilize a commercial product sold or licensed by or on behalf of Licensee.
Any commercial company wishing to use the software as their commercial World Wide Web server and are not redistributing the software need not commercially license the software but can use it free of charge.
UI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY. THE UI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE USERS OF THIS SOFTWARE.
By using or copying this Software, Licensee agrees to abide by the copyright law and all other applicable laws of the U.S. including, but not limited to, export control laws, and the terms of this license. UI shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by Licensee's failure to abide by the terms of this license.
Licensor: Nero AG ("Nero")
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, RÜPPURRER STRASSE 1A, 76307 KARLSRUHE, GERMANY.
CONCLUSION OF THE CONTRACT
THIS AGREEMENT IS EFFECTIVE
BY OPENING THE SEALED PACKING OF NERO´S SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
OR
BY INSTALLING OR USING THE DOWNLOADED SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE "ACCEPT" BUTTON DURING THE INSTALLATION OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REFRAIN FROM INSTALLING THE SOFTWARE OR PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.
The terms of your license agreement ("Agreement") for the Software described above depend on whether you obtained the Software by:
(a) Purchase from a Nero OEM partner; or
(b) Purchase from Nero or a Nero distributor; or
(c) Downloading a free or trial version of the Software.
(d) Participation in a Nero Beta program
which can be distinguished as follows:
If the jewel box in which you received the Software includes the word "OEM" or "Essentials" on its cover (or on the disc itself), you have acquired a copy of the Software from a Nero OEM partner.
This also applies if you downloaded Software which only allows you to install under the condition that you need to connect a hardware device to your PC.
If the jewel box in which you received the Software has only Nero's label on it and does not include the word "OEM" or "Essentials" on its cover (or on the disc itself), you have acquired a copy of the Software from either Nero or a Nero distributor.
If the disc containing the software or the Software itself is labeled "TRIAL","DEMO","FREE", "FREEMIUM" ,"LITE" or similar terms and was downloaded free of charge via Nero’s official website www.nero.com you have obtained a free or trial version of the Software.
If the disc containing the software or the Software itself is labeled "BETA", "PRE RELEASE" or similar you have obtained the Software via participation in a Nero Beta program.
CERTAIN TERMS MAY ALSO VARY DEPENDING ON
(e) THE AREA YOU USUALLY RESIDE AND OBTAINED THE SOFTWARE IN
(f) If the Software was obtained via an offer labeled "Family", "Family" Pack or similar
YOU MAY ALSO HAVE CONCLUDED ANOTHER AGREEMENT DIRECTLY WITH NERO THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT
A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM PARTNER
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("OEM License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH CD/DVD-RECORDING HARDWARE.
II. Copyright
The Software is owned by Nero or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that:
(a) you transfer all copies of the Software and all written materials;
(b) the recipient agrees to be bound by the terms of this Agreement; and
(c) you remove any and all copies of the Software from your computer and cease any further use of the Software.
Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software unless this right is specifically granted to you by applicable law to decompile only to achieve interoperability with other Software. You are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its original packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software.
Updates and Upgrades: You will have the opportunity to maintain the Software by means of Updates and Upgrades. An "Update" is a new release of the existing Software and is provided to You free of charge by Nero. An "Upgrade" is a major functional enhancement to the Software that You can purchase via the Nero website (www.nero.com). Should you decide to install an Update, the provisions of this Agreement will apply to such Update. Should you purchase an Upgrade, your rights to install and use the Software will be limited to either the originally purchased version of the Software or the Upgrade, but not both, in accordance with the provisions of this Agreement. For the avoidance of doubt, this Agreement permits you to install and use only one version (either the original version or the Upgrade) of the Software at any one time and you agree not to use, transfer or permit any third party to use the version that you have not installed.
IV. Warranties
THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. "LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS" FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the product with which this Software has been bundled may have warranty and/or support obligations to you.
V. Liability for consequential damages
ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT.
YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. "LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS" FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
In no event shall Nero or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. You are required to take reasonable measures to avoid, damages, especially to make backup copies of the software and any valuable data stored on your PC. Nero OEM Partners are liable for those damages concerning software purchased from OEM.
VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to Nero unless all claims against the End User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by Nero, the End User is no longer entitled to use the Software furthermore. All copies made of Nero´s Software have to be deleted completely and ultimately by the End User.
VII. Duration of the agreement
The agreement is concluded for an undefined period of time. By violating the provisions about copyright and other restrictions according to II. and III. the End User is no longer entitled to use Nero´s Software and its accompanying items. In this case End User is obligated to resend original discs and all copies of data carriers and to erase completely and ultimately all data from End User´s computer established by means of Nero´s Software. The observance of this agreement is conditional for the legal use of the Software and its accompanying items. In case of violation of any obligation stipulated in this agreement by the End User, Nero is entitled to terminate this agreement extraordinarily and immediately.
VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual property and copyright.
IX. Disclaimer
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER. UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
X. U.S. Government Restricted Rights
Any use of the Nero Software by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. The Contractor/Manufacturer is Nero AG, Rüppurrer Strasse 1a, 76137, Karlsruhe, Germany.
XI. Web Search Feature
Nero has integrated in some of Nero' software applications a feature that enables you to enter a search request through the Software which will provide you with search results from a variety of sources, including the World Wide Web (the "Web Search Feature"). Nero and its affiliates do not and cannot guarantee the continuous operation of this Web Search Feature. Nero reserves the right to change the functionality of this feature or to cease supporting or integrating such feature into the Software without further notice to you.
You acknowledge and agree that Nero and its affiliates shall not be liable for any delays, failures or outages relating to or arising out of use of the Web Search Feature. For additional information concerning the Web Search Feature, please visit www.nero.com.
XII. Hosting Services
Nero has integrated a function into some of the Nero software applications which supports the upload, download, as well as the viewing of videos, photos, or music on "hosting services" (e.g. My Nero, YouTube, My Space, Flickr, or ccMixter). Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.
XIII. Autobackup Function
Some Nero applications have an autobackup function included that is hosted by a third party and is subject to separate terms and conditions. Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.
XIV. Gracenote ® music recognition service
Some Nero software applications have the Gracenote ® music recognition service included as a demo version, others as a full version. The complete Gracenote ® music recognition service can be obtained by purchasing the Gracenote plug-in. Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.
XV. Patent Activation
Some applications within Nero require third-party technologies, some of which are available in this edition as limited (demo) versions. Online activation is available to acquire unlimited access to these technologies. This will help ensure full functionality of the Software. Internet connection or fax equipment is required for this activation.
Nero will transmit and process only the data that is necessary for activating the third-party technologies.
The Software will not send any such data without your prior consent.
Other than the Internet protocol address that may be considered personally identifiable information in some jurisdictions no personally identifiable information is provided to Nero.
You won’t need to provide your name or other personal information during the activation process.
For further information please see our privacy statement available on www.nero.com.
B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM NERO OR A NERO DISTRIBUTOR
The license terms and conditions applicable to Software purchased from Nero or a Nero Distributor are exactly the same as set forth in Section A above, except that Subsection I (Grant of license) and Subsection IV (Warranties) shall read as follows:
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
II. Warranties
THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. "LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS" " FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
Nero warrants that for a period of ninety (90) days from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation. Any implied warranties on the Software are limited to 90 days or the shortest period permitted by applicable law, whichever is greater. Nero’s entire liability and your exclusive remedy for a breach of this warranty shall be, at Nero’s sole option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Nero’s limited warranty and that is returned to Nero with a copy of your receipt. If failure of the Software is the result of accident, abuse, or misapplication, this limited warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. NERO MAKES NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
III. Liability for consequential damages
ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT.
YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. "LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS" FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
In no event shall Nero or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. You are required to take reasonable measures to avoid, damages, especially to make backup copies of the software and any valuable data stored on your PC.
C. LICENSE TERMS AND CONDITIONS APPLICABLE TO DOWNLOADED FREE SOFTWARE PRODUCTS AND/OR TRIAL (DEMO) VERSIONS
The license terms and conditions applicable to downloaded free Software products and/or trial (demo) Versions are exactly the same as set forth in Section A above, except that Subsection I (Grant of license) and Subsection IV (Warranties) and Subsection V (Liability for consequential damages) shall read as follows and Subsections XV (Commercial use) and XVI (Distribution of free versions) shall be added:
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any given time. For the avoidance of doubt, downloading multiple Copies of the Software does not imply an extension of the license beyond usage on one single computer.
The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer. If the anticipated number of users of the Software might exceed the authorized number of licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses. UNDER NO CONDITIONS MAY A FREE DOWNLOAD BE DISTRIBUTED WITHOUT THE PRIOR WRITTEN PERMISSION OF NERO. TO REQUEST SUCH PERMISSION EMAIL: PRESS@NERO.COM.
II. Warranties
(a) The user is aware that it is not possible to create software programs with zero defects.
(b) NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS FREE/TRIAL LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT THOSE WARRANTIES INDISPENSABLE BY LAW.
III. Liability for consequential damages
ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT.
Nero is liable for damages due to lack of property, especially for violating third party copyrights. Nero does not accept liability for any offences against this agreement caused by negligence, except from offences that caused physical injury.
IV. Commercial use
Free and trial (demo) versions of the Software are offered solely for personal, non-commercial use. Any distribution, purchase, sale delivery or utilization in combination with any product or service to a third party or other commercial or business purposes is expressly prohibited unless such right is specifically explicitly granted by Nero in writing.
V. Distribution
This license does not grant you the right to sublicense or distribute the Software in any form if not expressly granted by Nero in writing.
D. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PROVIDED WITHIN A NERO BETA PROGRAM
THE LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PROVIDED WITHIN A NERO BETA PROGRAM ARE EXACTLY THE SAME AS SET FORTH IN SECTION A ABOVE, EXCEPT THAT IF THIS SOFTWARE IS DISTRIBUTED AS PART OF A NERO BETA PROGRAM THEN THE TERMS OF THE NERO BETA PARTICIPANT AGREEMENT, WHETHER OR NOT SIGNED BY BETA PARTICIPANT, WILL OVERRIDE ANY CONFLICTING TERMS IN THIS END USER LICENSE AGREEMENT.
FOR AVOIDANCE OF DOUBT IT IS EXPRESSLY STATED THAT USE OF ANY BETA SOFTWARE IS AT YOUR OWN RISK.
IF YOU HAVE ANY QUESTIONS ABOUT WHETHER YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF THE NERO BETA PARTICIPANT AGREEMENT THEN PLEASE CHECK WITH THE PARTY THROUGH WHOM THE SOFTWARE WAS OBTAINED
E. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS
THIS SECTION SETS FORTH SPECIFIC PROVISIONS APPLICABLE TO CERTAIN JURISDICTIONS.
IF ANY PROVISION IN THIS SECTION IS IN CONFLICT WITH ANY OTHER TERM OR CONDITION IN THIS AGREEMENT, THE REGULATIONS AS SET FORTH IN THIS SECTION SHALL APPLY.
THIS SHALL NOT APPLY IN CASE OF CONFLICTS WITH SECTIONS C OR D OF THIS AGREEMENT
I. Provisions applicable in the European Union
If you are a consumer residing in a country that is part of the European union (EU) and obtained the Software in such country, the license terms and conditions applicable to your jurisdiction are exactly the same as set forth in the applicable Section A or B above, except that Sections A.IV. or B.II. ("Warranties") shall read as follows:
II. Warranties
(a) Defects in the Software supplied including the manuals and other documentation shall be corrected by Nero within the warranty period of two years from delivery following appropriate notification by the user. This shall take the form of rectification of defects or replacement delivery at the user's choice.
(b) Should Nero not be prepared or able to effect this rectification or replacement delivery, or should this take longer than a suitable deadline set by the user or fail for other reasons, the user shall be entitled to withdraw from the Contract or to demand that the sale be canceled or the purchased price reduced. Failure to rectify the defects or effect replacement delivery shall only be assumed if Nero has been afforded ample opportunity to effect the rectification or replacement delivery without the desired success being achieved, if the rectification or replacement delivery is not possible or if it is refused or unacceptably delayed by Nero, or if the rectification of defects has already been performed unsuccessfully twice. The right of the user to demand compensation under § 437 of the German Civil Code remains unaffected.
(c) The user is aware that it is not possible to create software programs with zero defects. Nero shall only warrant against software defects that significantly reduce the Software's value or suitability for use as stipulated in the contract.
(d) It is the responsibility of the user to determine the destination for use of the software and to select the suitable hardware/computer types. Nero shall not be liable for this.
(e) Unless otherwise specified in section "Liability for consequential damages", Nero shall only be liable for damage to the Software supplied itself; in particular Nero shall accept no liability for loss of data or other indirect losses.
If failure of the Software is the result of accident, abuse, or misapplication, this warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty. NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
III. Provisions applicable in Germany and Austria
If you are a consumer residing in either Germany or Austria and obtained the Software in such country, the license terms and conditions applicable to your jurisdiction are exactly the same as set forth in the applicable Section A . or B . above, except that Sections A.V. or B.III ("Liability for consequential damages") shall read as follows:
IV. Liability for consequential damages
Nero will only be liable up to the amount of damages as typically foreseeable at the time of entering into the agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation while any of the above limitations will not apply to any statutory liability such as liability under the German Product Liability Act ("Produkthaftungsgesetz") or liability for culpably caused personal injuries.
F. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PROVIDED WITHIN A NERO FAMILY PACK
The license terms and conditions applicable to Software products obtained as part of a Nero Family Pack are exactly the same as set forth in Section A above, except that Subsection I ("Grant of license") shall read as follows and Subsections II. ("Commercial use") and III. ("Restrictions of Family Pack Licenses") shall be added:
I. Grant of license
This agreement permits you to use one copy of the software acquired with this license on any single computer in your household , provided the software is in use on only one computer at any given time. If you have acquired a multiple license for the software, then at any one time you may have in use up to as many copies of the software in your household as you have licenses.
The software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. Hard disk, cd rom, or other storage device) of that computer. If the anticipated number of users of the software might exceed the authorized number of licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the software does not exceed the number of licenses.
II. Commercial use
Family Pack versions of the Software are offered solely for personal, non-commercial use. Any distribution, purchase, sale delivery or utilization in combination with any product or service to a third party or other commercial or business purposes is expressly prohibited.
III. Restrictions of Family Pack Licenses
Family Pack versions of the Software are only transferable in accordance with Section A. III if such transfer is done with all licenses obtained as part of a Nero Family Pack. Licenses obtained with a Nero Family Pack can not be tranferred seperately.
G. TERMS AND CONDITIONS APPLICABLE TO ALL LICENSES
I. Third Party Disclaimer and Limitations
1. WM-DRM:
WM-DRM: Content providers are using the Microsoft digital rights management technology for Windows Media ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and other third party applications ("WM-DRM Software") use WM-DRM to transfer or play Secure Content. If the WM-DRM Software’s security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software’s right to copy, display, transfer and/or play Secure Content. Revocation does not alter the WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this Software ("WM-DRM Upgrades") before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software used by third parties may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
2. MPEG-2:
If the product you purchased was provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 ROYALTY PRODUCT. ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN WRITTEN.
If the product you purchased was not provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 INTERMEDIATE PRODUCT. USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN WRITTEN.
3. MPEG-4:
Use of this product in any manner that complies with the MPEG-4 Visual Standard is prohibited, except for use by a consumer engaging in personal and non-commercial activities.
4. MP3 and mp3PRO:
Supply of this product only conveys a license for private, non-commercial use and does not convey a license nor imply any right to use this product in any commercial (i.e. revenue-generating) real time broadcasting (terrestrial, satellite, cable and/or any other media), broadcasting / streaming via Internet, intranets and/or other networks or in other electronic content distribution systems, such as pay-audio or audio-on-demand applications. An independent license for such use is required. For details, please visit www.mp3licensing.com.
5. Dolby:
Supply of this implementation of Dolby Technology does not convey a license nor imply a right under any patent, or any other industrial or intellectual property right of Dolby Laboratories, to use this implementation in any finished end-user or ready-to-use final product. It is hereby notified that a license for such use is required from Dolby Laboratories.
Confidential information – Limited distribution to authorized persons only. This Dolby Software is protected under U.S. copyright laws as an unpublished work. They are confidential and proprietary to Dolby Laboratories. Their reproduction or disclosure, in whole or in part, or the production of derivative works therefrom without the express permission of Dolby Laboratories is prohibited. Do not copy. Copyright © 1992-1999 Dolby Laboratories, Inc. All rights reserved
6. aac:
The aac Plug-In is using the MP4 file format I/O library. This library is available under MPL from www.mpeg4ip.net. aacPlus developed by Coding Technologies ("CT"). www.codingtechnologies.com Trademarks of CT are the property of CT.
II. Embedded Software
You acknowledge that the Software licensed hereunder contains third party components that are licensed pursuant to its own terms and conditions ("Embedded Software"), as specified below. A copy or location of the licenses associated with such Embedded Software is provided below. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, EMBEDDED SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."
1. OpenSSL License:
Open SSL is copyright © 1998-2005 The OpenSSL Project. All rights reserved. Redistribution and use of Open SSL in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of Open SSL source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions of Open SSL in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of the Open SSL software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)" 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org. 5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. 6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)". Open SSL TOOLKIT IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. PuTTY:
Nero BackItUp uses PuTTY to transfer data over SSH. PuTTY is copyright 1997-2005 Simon Tatham. Portions of PuTTY are copyright Robert de Bath, Joris van Rantwijk, Delian Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry, Justin Bradford, Ben Harris, Malcolm Smith, Ahmad Khalifa, Markus Kuhn, and CORE SDI S.A. Permission is hereby granted, free of charge, to any person obtaining a copy of PuTTY and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: PuTTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SIMON TATHAM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
3. AES:
AES software used in Nero BackItUp is copyright © 2002, Dr Brian Gladman, Worcester, UK. All rights reserved. The free distribution and use of AES software in both source and binary form is allowed (with or without changes) provided that: 1. Distributions of the AES source code include the above copyright notice, this list of conditions and the following disclaimer; 2. Distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. The copyright holder's name is not used to endorse products built using the AES software without specific written permission. AES software is provided 'as is' with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. The AES source code can be fetched from http://fp.gladman.plus.com.
4. 7zip:
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
http://www.7-zip.org/license.txt
In order to comply with the terms and conditions of certain Embedded Software, you may download the source code of the 7zip library from http://www.nero.com/link.php?topic_id=7106.
5. NeVP6DecLib:
NeVP6DecLib is derived from FFmpeg sources. FFmpeg is a trademark of Fabrice Bellard (originator of the FFmpeg project - FFmpeg project, http://ffmpeg.mplayerhq.hu)
NeVP6DecLib is licensed under the Lesser GNU Lesser General Public License. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute it and/or modify it under the terms of such license.
In order to comply with the terms and conditions of certain Embedded Software, you may download the source code of the NeVP6DecLib library from http://www.nero.com/link.php?topic_id=7107.
6. Gracenote ® music recognition service:
This application contains software from Gracenote, Inc. of Emeryville, California ("Gracenote"). The software from Gracenote (the "Gracenote Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application software.
You agree that you will use Gracenote Data, the Gracenote Client, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CLIENT, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Client, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Client, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Client, and the Gracenote Servers, including all ownership rights. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.
The Gracenote Service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote Service.
By using the software, you agree that the Gracenote software may submit a waveform signature to Gracenote. A waveform signature is a distillation of the sound-wave information in the music itself and helps the Gracenote service to identify artist and title information for digital music files. A waveform signature does not contain any information about you or your computer, and computing the waveform signature should have no noticeable effect on the performance of your computer. For more information, see the FAQ (Frequently Asked Questions) page, and the Privacy Policy for the Gracenote Service.
The Gracenote Client and each item of Gracenote Data are licensed to you "AS IS." Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete Data from the Gracenote Servers or to change Data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with any new enhanced or additional Data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online service at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE CLIENT OR ANY GRACENOTE CDDB SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
CD and music-related data from Gracenote, Inc., copyright © 2000-2008 Gracenote. Gracenote Software, copyright © 2000-2008 Gracenote. This product and service may practice one or more of the following U.S. Patents: #5,987,525; #6,061,680; #6,154,773, #6,161,132, #6,230,192, #6,230,207, #6,240,459, #6,330,593, and other patents issued or pending. Some services supplied under license from Open Globe, Inc. for U.S. Patent: #6,304,523
Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the "Powered by Gracenote" logo are trademarks of Gracenote. For more information, please visit www.gracenote.com.
7. Microsoft Redistributable Software Components:
Some of the Software products that are object of this agreement may contain redistributable update packages of Microsoft Corporation. Those update packages are for example, but not limited to, Windows6.0-KB843524-ia64.msu, Windows6.0-KB843524-x64.msu, and Windows6.0-KB843524-x86.msu. The license granted to you hereunder is a non-exclusive, royalty-free, non-transferable, non-assignable, revocable, limited, fully paid-up license to use and reproduce the Redistributable Software Component solely for your personal and internal business operations. With installing those components to your system you agree that you own a validly licensed copy of the Licensed Product for which the Redistributable Software Component applies. All other provisions of this agreement also apply to Microsoft Redistributable Software Components.
Copyright © 2008 Microsoft Corporation. All rights reserved.
8. MD5:
Some of the Software products that are object of this agreement may contain RSA Data Security, Inc. MD5 Message-Digest Algorithm cryptographic algorithm.
License to copy and use this MD5 Message-Digest Algorithm cryptographic algorithm is granted provided that it is identified as the "RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing this software or this function.
License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work.
RSA Data Security, Inc. makes no representations concerning either the merchantability of this MD5 Message-Digest Algorithm cryptographic algorithm or the suitability of it for any particular purpose. It is provided "as is" without express or implied warranty of any kind.
Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved.
III. Governing Law
If any dispute shall arise pursuant to any provision of this Agreement, the plaintiff must choose place of performance or residence of the defendant as place of jurisdiction. If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms.
Any provision declared invalid shall be modified to the legal provisions.
Copyright © 1996-2012 Nero AG and its licensors. All rights reserved.
Nero, Nero BackItUp, Nero Burn, Nero Digital, Nero Express, Nero MediaStreaming, Nero Recode, Nero RescueAgent, Nero SmartDetect, Nero Simply Enjoy, Nero SmoothPlay, Nero StartSmart, Nero Surround, Burn-At-Once, LayerMagic, Liquid Media, SecurDisc, the SecurDisc logo, Superresolution, UltraBuffer, Nero Burning ROM, Nero Kwik Blu-ray, Nero Kwik Media, Nero Kwik Burn, Nero Kwik Play, Nero Kwik DVD, Nero Kwik Photobook, Nero Kwik Faces, Nero Kwik Move it, Nero Kwik Sync , Nero Kwik Themes, Nero Video, Nero Video Express, Nero SoundTrax, Nero WaveEditor and Nero CoverDesigner are common law trademarks or registered trademarks of Nero AG.
Portions of the Software utilize Microsoft Windows Media Technologies. Copyright © 1999-2002. Microsoft Corporation. All Rights Reserved.
This product contains portions of imaging code owned by Pegasus Software LLC, Tampa, FL.
Gracenote, CDDB, MusicID, MediaVOCS, the Gracenote logo and logotype, and the "Powered by Gracenote" logo are either registered trademarks or trademarks of Gracenote in the United States and/or other countries.
Manufactured under license from Dolby Laboratories. Dolby, Pro Logic, and the double-D symbol are registered trademarks of Dolby Laboratories, Inc. Confidential unpublished works. Copyright 2011 Dolby Laboratories. All rights reserved.
Manufactured under license under U.S. Patent Nos: 5,956,674; 5,974,380; 6,487,535 & other U.S. and worldwide patents issued & pending. DTS, the Symbol, & DTS and the Symbol together are registered trademarks & DTS Digital Surround, DTS 2.0+Digital Out and the DTS logos are trademarks of DTS, Inc. Product includes software. © DTS, Inc. All Rights Reserved.
AVCHD and AVCHD logo, AVCHD Lite and AVCHD Lite logo are trademarks of Panasonic Corporation and Sony Corporation.
Facebook is a registered trademark of Facebook, Inc.
Yahoo! and Flickr are registered trademarks of Yahoo! Inc.
My Space is a trademark of MySpace, Inc.,
Google, Android and YouTube are trademarks of Google, Inc.
Apple, Apple TV, iTunes, iTunes Store, iPad, iPod, iPod touch, iPhone, Mac and QuickTime are trademarks of Apple Inc. registered in the U.S and other countries.
Blu-ray Disc, Blu-ray, Blu-ray 3D, BD-Live, BONUSVIEW, BDXL, AVCREC and the logos are trademarks of the Blu-ray Disc Association.
DVD Logo is a trademark of Format/Logo Licensing Corp. registered in the U.S., Japan and other countries.
Bluetooth is a trademark owned by Bluetooth SIG, Inc.
The USB logo is a trademark of Universal Serial Bus Implementers Corporation.
ActiveX, ActiveSync, Aero, Authenticode, Bing, DirectX, DirectShow, Internet Explorer, Microsoft, MSN, Outlook, Windows, Windows Mail, Windows Media, Windows Media Player, Windows Mobile, Windows.NET, Windows Server, Windows Vista, Windows XP, Windows 7, Xbox, Xbox 360, PowerPoint, Silverlight, the Silverlight logo, Visual C++, the Windows Vista start button, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and other countries.
FaceVACS and Cognitec are either registered trademarks or trademarks of Cognitec Systems GmbH.
DivX and DivX Certified are registered trademarks of DivX, Inc.
DVB is a registered trademark of the DVB Project.
NVIDIA, GeForce, ForceWare, and CUDA are trademarks or registered trademarks of NVIDIA.
Sony, Memory Stick, PlayStation, and PSP are trademarks or registered trademarks of Sony Corporation.
HDV is a trademark of Sony Corporation and Victor Company of Japan, Limited (JVC).
3GPP is a trademark of European Telecommunications Standards Institute (ETSI)
Adobe, Acrobat, Reader, Premiere, AIR, and Flash are trademarks or registered trademarks of Adobe Systems, Incorporated.
AMD Athlon, AMD Opteron, AMD Sempron, AMD Turion, ATI Catalyst, ATI Radeon, ATI, Remote Wonder, and TV Wonder are trademarks or registered trademarks of Advanced Micro Devices, Inc.
Linux is a registered trademark of Linus Torvalds.
CompactFlash is a registered trademark of SanDisk Corporation
UPnP is a registered trademark of UPnP Implementers Corporation.
Ask and Ask.com are registered trademarks of IAC Search & Media.
IEEE is a registered trademark of The Institute of Electrical and Electronics Engineers, Inc.
Philips is a registered trademark of Koninklijke Philips Electronics.N.V.
InstallShield is a registered trademark of Macrovision Corporation.
Unicode is a registered trademark of Unicode, Inc.
Check Point is a registered trademark of Check Point Software Technologies Ltd.
Labelflash is a trademark of Yamaha Corporation
LightScribe is a registered trademark of the Hewlett-Packard Development Company, L.P.
Intel, Intel Media SDK, Intel Core, Intel XScale and Pentium are trademarks or registered trademarks of Intel Corporation in the U.S. and/or other countries.
MP3 SURROUND, MP3PRO and their logos are trademarks of Thomson S.A.
This product is furnished under U.S. and foreign patents owned and licensed by AT&T Corp.
Other product and brand names may be trademarks of their respective owners and do not imply affiliation with, sponsorship, or endorsement by owners.
www.nero.com
If you have any questions concerning this Agreement contact us via legal@nero.com.
© 2012 Nero AG. All rights reserved.
Net SNMP License
http://net-snmp.sourceforge.net/about/license.html
Various copyrights apply to this package, listed in various separate parts
below. Please make sure that you read all the parts. Up until 2001, the
project was based at UC Davis, and the first part covers all code written
during this time. From 2001 onwards, the project has been based at
SourceForge, and Networks Associates Technology, Inc hold the copyright on
behalf of the wider Net-SNMP community, covering all derivative work done
since then. An additional copyright section has been added as Part 3 below
also under a BSD license for the work contributed by Cambridge Broadband Ltd.
to the project since 2001.
An additional copyright section has been added as Part 4 below also under a
BSD license for the work contributed by Sun Microsystems, Inc. to the project
since 2003.
Code has been contributed to this project by many people over the years it
has been in development, and a full list of contributors can be found in the
README file under the THANKS section.
---- Part 1: CMU/UCD copyright notice: (BSD like) -----
Copyright 1989, 1991, 1992 by Carnegie Mellon University
Derivative Work - 1996, 1998-2000
Copyright 1996, 1998-2000 The Regents of the University of California
All Rights Reserved
Permission to use, copy, modify and distribute this software and its
documentation for any purpose and without fee is hereby granted, provided
that the above copyright notice appears in all copies and that both that
copyright notice and this permission notice appear in
supporting documentation, and that the name of CMU and The Regents of the
University of California not be used in advertising or publicity pertaining
to distribution of the software without specific written permission.
CMU AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DISCLAIM ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL CMU OR
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THIS SOFTWARE.
Part 2: Networks Associates Technology, Inc copyright notice (BSD)
Copyright (c) 2001-2003, Networks Associates Technology, Inc
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
Neither the name of the Networks Associates Technology, Inc nor the names of
its contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
---- Part 3: Cambridge Broadband Ltd. copyright notice (BSD) -----
Portions of this code are copyright (c) 2001-2003, Cambridge Broadband Ltd.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, his
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
The name of Cambridge Broadband Ltd. may not be used to endorse or promote
products derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
---- Part 4: Sun Microsystems, Inc. copyright notice (BSD) -----
Copyright © 2003 Sun Microsystems, Inc., 4150 Network Circle, Santa Clara,
California 95054, U.S.A. All rights reserved.
Use is subject to license terms below.
This distribution may include materials developed by third parties.
Sun, Sun Microsystems, the Sun logo and Solaris are trademarks or registered
trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
Neither the name of the Sun Microsystems, Inc. nor the names of its
contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
---- Part 5: Sparta, Inc copyright notice (BSD) -----
Copyright (c) 2003-2006, Sparta, Inc
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
Neither the name of Sparta, Inc nor the names of its contributors may be
used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
---- Part 6: Cisco/BUPTNIC copyright notice (BSD) -----
Copyright (c) 2004, Cisco, Inc and Information Network Center of Beijing
University of Posts and Telecommunications.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
Neither the name of Cisco, Inc, Beijing University of Posts and
Telecommunications, nor the names of their contributors may be used to
endorse or promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
---- Part 7: Fabasoft R&D Software GmbH & Co KG copyright notice (BSD) -----
Copyright (c) Fabasoft R&D Software GmbH & Co KG, 2003
oss@fabasoft.com
Author: Bernhard Penz
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
The name of Fabasoft R&D Software GmbH & Co KG or any of its subsidiaries,
brand or product names may not be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NETAPP MANAGEABILITY SDK LICENSE AGREEMENT
This NetApp Manageability SDK License Agreement (“License”) is entered into between you (as an individual and/or on behalf of the company by which you are employed) (“You”, “Your” or “Licensee”) and NetApp, Inc., located at 1395 Crossman Avenue, Sunnyvale, California 94089 (“NetApp”), and provides the terms under which NetApp licenses the NetApp Manageability SDK (“SDK”) to You.
If You are accessing the SDK electronically from the NetApp Support Site ("NSS"), indicate your acceptance of these terms by selecting the "Accept" button. By accepting the terms of the License, You agree to be bound by the terms of the License, which includes any other applicable licenses provided with the SDK. If You do not agree to all of the terms, do not download the SDK. This License only applies to the SDK licensed by NetApp, Inc. or its affiliates (collectively, "NetApp") and expressly excludes any software that may be made available on the NSS by third parties.
1. SOFTWARE DEVELOPMENT KIT LICENSE GRANT. The following license terms apply to the NetApp Manageability Software Development Kit. Subject to the terms and conditions of this License, NetApp grants You a license to:
i. Internally use the documentation which may include the "Getting Started Guide," FAQs, API documentation, and trouble-shooting guidelines (collectively, the "SDK Documentation") solely for the purpose of researching, designing, developing and testing a software application product (the "Licensee Application)" for use with NetApp products;
ii. Use, reproduce and distribute the language libraries in object code form for those languages where such use, reproduction and distribution is possible in object code form and in source code form only for those languages where such use, reproduction and distribution in object code form is not possible, such as scripting languages, and only as incorporated into the Licensee Application; provided, however, that You (A) do not modify the language libraries; (B) reproduce and include the copyright notice that appears in the language libraries as provided by NetApp, and (C) distribute the Licensee Application incorporating the language libraries pursuant to terms no less restrictive than those set forth herein; and
iii. Use, reproduce, modify and create derivatives of the sample code which may include utilities (the "Sample Derivatives") and reproduce and distribute the Sample Derivatives in object code form as incorporated in the Licensee Application; provided, however, that You (A) reproduce and include the copyright notice that appears in the sample code as provided by NetApp, and (B) distribute the Licensee Application incorporating the Sample Derivatives pursuant to terms no less restrictive than those set forth herein. You will promptly disclose to NetApp all Sample Derivatives made by or created for You. NetApp will not provide technical support, phone support, or updates to You for the sample code licensed under this License. If NetApp, at its sole option, supplies updates to You, the updates will be considered part of the sample code, and subject to the terms of this License.
1.1 You shall not combine the language libraries or the Sample Derivatives into a Licensee Application such that the language libraries or Sample Derivatives would be licensed under a license that requires the language libraries or Sample Derivatives to be (a) disclosed or distributed in source code form, (b) licensed for the purpose of making derivative works, or (c) redistributable at no charge.
1.2 Third Party Software. Notwithstanding other statements in this License, the SDK may include third party software including free, copyleft and open source software components (collectively referred to as "Third Party Software") that are distributed in compliance with the particular licensing terms and conditions attributable to the Third Party Software. NetApp provides the Third Party Software to you "AS IS" without any warranties or indemnities of any kind. Copyright notices and licensing terms and conditions applicable to the Third Party Software are available for review with the SDK Documentation at https://mysupport.netapp.com/documentation/productlibrary/index.html?productID=60427, and are included in a NOTICES file included within the downloaded files.
2. SNAPDIFF API. This License does not include a license for the NetApp SnapDiff APIs and accompanying API documentation (collectively, "SnapDiff"). If You require a license to SnapDiff, please contact your NetApp representative
3. RESTRICTIONS. NetApp shall retain all right, title and interest in and to the SDK and SDK Documentation, and all copies thereof (hereafter referred to collectively as the "NetApp Software"). Except as set forth in Section 1 above, Licensee shall not make any copies of the NetApp Software except as reasonably required for backup purposes. Licensee shall not, nor shall Licensee allow any third party to: (a) decompile, disassemble, decrypt, extract, or otherwise reverse engineer or attempt to reconstruct, or discover any source code or underlying ideas, algorithms, or file formats of, or used in, the NetApp Software by any means whatever; or (b) remove or conceal any product identification, copyright or other notices contained in or on the NetApp Software; (c) publish or provide any results of benchmark tests run on the NetApp Software to a third party without NetApp's prior written consent; or (d) modify the NetApp Software or cause it to be modified, incorporate it into or with other software, display, reproduce, publish, sell, offer for sale or create a derivative work of any part of the NetApp Software except as expressly permitted in this License. Any such modification of the NetApp Software will breach this License, and such derivative work is and shall be owned entirely by NetApp; You hereby assign and agree to assign to NetApp all right, title and interest in and to said derivative work. NetApp, and any relevant third parties, reserve the right to revise, including bug fixes and/or patches, upgrade or otherwise change or modify the NetApp Software ("Upgrade") at any time. Licensee shall implement each Upgrade as it is made generally available by NetApp and is prohibited and shall immediately cease use of any version of the NetApp Software not incorporating such Upgrade. The NetApp Software is protected by copyrights, one or more U.S. patents issued or pending, and other applicable laws. Licensee agrees to take all adequate steps to protect the NetApp Software from unauthorized disclosure or use.
4. CONFIDENTIALITY.
4.1 You acknowledge that the NetApp Software and the terms of this License, the APIs, the API documentation, and the source code are proprietary and confidential information of NetApp (hereafter "Confidential Information"). You shall not make the Confidential Information available in any form to any person other than to Your employees or consultants with a need to know and who are under an obligation of confidentiality not to disclose such Confidential Information. You shall use the same degree of care to protect the confidentiality of such Confidential Information as You use to protect Your own confidential information but in no event shall such degree of care be less than a reasonable degree of care. Confidential Information shall not include any information that (a) You can prove was received by You without confidentiality obligations of any kind prior to the time of disclosure, provided You did not receive the information from any third party in violation of that party's confidentiality obligations, (b) is in the public domain at the time of disclosure, (c) enters the public domain after the time of disclosure through no fault of Yours, or (d) is independently developed by You.
5. TERMINATION OF LICENSE. This License is effective until terminated. This License will terminate automatically if You breach any material provision of this License. Upon termination, Licensee shall immediately cease all use of the NetApp Software, de-install it, and return or destroy all copies of the NetApp Software and all portions thereof and the accompanying documentation and, where requested by NetApp, shall certify so in writing to NetApp. Termination is not an exclusive remedy and all other remedies at law or in equity will be available to NetApp whether or not the License is terminated. Sections 1.1, 1.2, 3, 4 through 13 will survive termination of this License.
6. WARRANTY DISCLAIMER. THE NETAPP SOFTWARE IS PROVIDED BY NETAPP "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL NETAPP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES; THESE LIMITATIONS MAY NOT APPLY.
7. LIMITATIONS OF LIABILITY & DAMAGES. NETAPP SHALL NOT BE LIABLE FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF REVENUE OR PROFITS, OR LOSS OR CORRUPTION OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. SUCH THEORIES OF LIABILITY INCLUDE CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOAD, INSTALLATION, USE, OPERATION, OR MAINTENACE OF THE NETAPP SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IT IS UNDERSTOOD THAT THE NETAPP SOFTWARE IS LICENSED TO YOU WITHOUT CHARGE. THEREFORE, NETAPP'S TOTAL LIABILITY FOR ANY DAMAGE OR CLAIM ARISING FROM LICENSING OR USE OF THE NETAPP SOFTWARE OR THE ACCOMPANYING DOCUMENTATION SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100.00). IN NO EVENT SHALL NETAPP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; LOST OR CORRUPTED DATA, LOSS OF PROFITS, SAVINGS, OR REVENUES; OR FOR ANY OCCURRENCE BEYOND ITS CONTROL ARISING OUT OF THIS LICENSE OR FROM YOUR USE OF THE NETAPP SOFTWARE.
WARNING: The NetApp Software is not designed or intended for use in on-line control of equipment in hazardous environments such as the operation of nuclear facilities, aircraft, air traffic, aircraft navigation or aircraft communications, or in the design, construction, operation or maintenance of any nuclear facility, or in the operation or maintenance of any direct life support system. NetApp disclaims any express or implied warranty of fitness for such uses and shall not be liable for any costs, liabilities or damages resulting from the use of the NetApp Software in such an environment. Licensee agrees that it will not use or license the NetApp Software for such purposes.
8. U.S. GOVERNMENT AND EXPORT REGULATIONS; COMPLIANCE WITH LAWS. This Section 9 applies to You only if You are a U.S. Federal Government end user. The Software and Documentation is “commercial” computer software and documentation and is licensed to You in accordance with the rights articulated in applicable U.S. government acquisition regulations (e.g. FAR, DFARs) pertaining to commercial computer software and documentation. You will not be subject to applicable audit costs specified in Section 9. Any dispute between You and NetApp will be subject to resolution pursuant to the Contract Disputes Act of 1978. Nothing contained in this License is meant to derogate the rights of the U.S. Department of Justice as identified in 28 U.S.C. §516. All other provisions of this License remain in effect as written.
9. LICENSEE INDEMNITY. You shall defend, indemnify and hold NetApp and its directors, employees subsidiaries, affiliates, successors and assigns harmless from and against all claims, damages, losses, costs and expenses, including attorneys' fees, arising from any third party claims asserted against NetApp and its employees, subsidiaries, affiliates, successors and assigns, that are based in whole or in part on any of the following: (a) Licensee's use or misuse of the NetApp Software in violation of this License; (b) use of the NetApp Software in combination with any other software not provided hereunder; (c) Your breach of this License; or (d) a claim based upon an actual or alleged infringement of an intellectual property right of a third party arising from or related to the Licensee Application.
10. COMPLIANCE WITH LAWS. Each party shall comply with all applicable federal, state, local and foreign laws and ordinances including, but not limited to all export laws, restrictions and regulations of the Department of Commerce or other United States or foreign agency or authority, the Occupational Safety and Health Act of 1970 (29 U.S.C. Sections 651, 678), the Fair Labor Standards Act of 1938 (29 U.S.C. Sections 201-219), the Work Hours and Safety Act of 1962 (40 U.S.C. Sections 327, 333), the Equal Employment Opportunity (42 U.S.C. Sections 2000e, et seq.) and federal regulations governing affirmative action programs.
11. GOVERNING LAW. This License shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the State of California, excepting its conflicts of law rules. All disputes arising out of this License shall be subject to the exclusive jurisdiction and venue of the Superior Court of the State of California of Santa Clara County and the Federal District Court of the Northern District of California, United States of America, and You consent to the personal and exclusive jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sales of Goods is specifically disclaimed.
12. SEVERABILITY. If any provision of this License is held to be unenforceable, this License will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this License will immediately terminate.
13. INTEGRATION. This License is the entire agreement between You and NetApp relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this License. No modification of this License will be binding, unless in writing and signed by an authorized representative of each party.
NetApp SDK License Agreement rev. Aug2020
Netcat is entirely my own creation, although plenty of other code was used as
examples. It is freely given away to the Internet community in the hope that
it will be useful, with no restrictions except giving credit where it is due.
No GPLs, Berkeley copyrights or any of that nonsense. The author assumes NO
responsibility for how anyone uses it. If netcat makes you rich somehow and
you're feeling generous, mail me a check. If you are affiliated in any way
with Microsoft Network, get a life. Always ski in control. Comments,
questions, and patches to nc110-devel@lists.sourceforge.net.
Portions of this software were developed by the Unidata Program at the
University Corporation for Atmospheric Research.
Access and use of this software shall impose the following obligations and
understandings on the user. The user is granted the right, without any fee or
cost, to use, copy, modify, alter, enhance and distribute this software, and any
derivative works thereof, and its supporting documentation for any purpose
whatsoever, provided that this entire notice appears in all copies of the
software, derivative works and supporting documentation. Further, UCAR requests
that the user credit UCAR/Unidata in any publications that result from the use
of this software or in any product that includes this software, although this is
not an obligation. The names UCAR and/or Unidata, however, may not be used in
any advertising or publicity to endorse or promote any products or commercial
entity unless specific written permission is obtained from UCAR/Unidata. The
user also understands that UCAR/Unidata is not obligated to provide the user
with any support, consulting, training or assistance of any kind with regard to
the use, operation and performance of this software nor to provide the user with
any updates, revisions, new versions or "bug fixes."
THIS SOFTWARE IS PROVIDED BY UCAR/UNIDATA "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL UCAR/UNIDATA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THIS SOFTWARE.
Savarese.Org
Copyright © 1996-1999 Daniel F. Savarese.
Copyright in this document and the software accompanying this document is owned by Daniel F. Savarese. All rights reserved.
NetComponents License
Daniel F. Savarese, hereinafter referred to as Daniel, grants you a non-exclusive, non-transferable limited license to use the software components comprising the NetComponents Java class package ("Licensed Software"). There is no fee for this license. You may not redistribute any of the Licensed Software except as follows:
1. You may reproduce and redistribute the Licensed Software in object code form only (Java .class files) and only when incorporated into your software product which adds substantial and primary functionality to the Licensed Software.
2. You may not permit further redistribution of the Licensed Software by your end users except as part of a new software product you develop that meets the restricions of item 1.
To clarify, you may use the Licensed Software only to build new software you develop, and you may only distribute the Licensed Software as part of this new software. You may not include the Licensed Software in a software development kit or other library or development tool that exposes the API's of the Licensed Software without first negotiating a specific license for that purpose with Daniel. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Licensed Software or transmit the Licensed Software over a network.
You may not use or otherwise export or reexport the Licensed Software except as authorized by United States law and the laws of the jurisdiction in which the Licensed Software was obtained. In particular, but without limitation, the Licensed Software may not be used or otherwise exported or reexported (1) into (or to a national or resident of) any United States embargoed country or (2) to anyone on the U.S. Treasury Department't list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Licensed Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
DANIEL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ORO SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE OR ITS DERIVATIVES. THE LICENSED SOFTWARE IS NOT DESIGNED FOR USE IN HIGH RISK ACTIVITIES REQUIRING FAIL-SAFE PERFORMANCE. ORO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Restricted Rights Legend
The Licensed Software and documentation is a "commercial item," as defined in 48 C.F.R. 2.101 (10/95), consisting of "commercial computer software" and "commercial computer software documentation," as defined in 48 C.F.R. 12.212 (9/95). Use, duplication, or disclosure by the U.S. Government is subject to the restrictions of U.S. GOVERNMENT END USERS consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (6/95).
Trademarks
ORO, the ORO logo, Original Reusable Objects, Component software for the Internet, and NetComponents are trademarks or registered trademarks of Daniel F. Savarese in the United States and other countries.
Java is trademark of Sun Microsystems, Inc. Netscape is a trademark of Netscape Communications Corporation. All other product names mentioned are the trademarks of their respective owners.
# Netdata Cloud UI License v1.0 (NCUL1)
## Acceptance
By using the software, you agree to all of the terms and conditions below.
## Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available the software, in each case subject to the limitations, restrictions and conditions below.
## Limitations
This license allows you to use the Software only to interface with the licensor's other software components, such as Netdata Agents and Netdata Cloud. Any use with replacements for these components is not permitted.
## Restrictions
The Software is provided in a binary form for use by end-users. You may not reverse engineer, decompile, disassemble, or modify the Software. The Software is licensed as a single product and its component parts may not be separated.
## Patents
If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your license for the software granted under these terms ends immediately. If your company makes such a claim, your license ends immediately for work on behalf of your company.
## Notices
You must ensure that anyone who gets a copy of the Software from you also gets a copy of these terms.
## No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
## Termination
If you use the Software in violation of any of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violations of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.
## No Warranties and No Liability
The software comes "As Is", without any express or implied warranties of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. The licensor will not be liable to you for any damages arising out of these terms or the use or nature of the Software, under any kind of legal claim.
## Open Source Components
The software includes certain third party open source components. Each of these components is subject to its own license. The list of open-source components used by Netdata Cloud UI is [here](https://app.netdata.cloud/3D_PARTY_LICENSES.txt).
## Definitions
The "licensor" is Netdata Inc., the entity offering these terms, and the "**software**" is the Netdata Cloud UI software the licensor makes available under these terms, including any portion of it.
"**you**" refers to the individual or entity agreeing to these terms.
"**your company**" is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. "**Control**" means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
"**your licenses**" are all the licenses granted to you for the software under these terms.
"**use**" means anything you do with the software requiring one of your licenses.
END USER LICENSE AGREEMENT (∞2006); FRANCOIS VANDERSEYPEN "THE NETRON PROJECT".
IMPORTANT PLEASE READ CAREFULLY
Before reading the articles below, please take good notice of the following preliminary terms and definitions:
DEFINITIONS
"Agreement": this End User License Agreement, as may be renewed, modified and/or amended from time to time.
"Documentation": any online or otherwise enclosed documentation provided by THE NETRON PROJECT.
"IP Rights": any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the THE NETRON PROJECT Software, the Documentation, the THE NETRON PROJECT Website or the THE NETRON PROJECT Promotional Materials.
THE NETRON PROJECT: refers to the open source project, hosted on Sourceforge.Net, owned by Dr.F.M.Vanderseypen, Belgium.
"Netron Graph Library": also called "Netron graph control", refers to the software this license agreement applies to, the API, UI and Documentation, as well as any future programming fixes, updates and upgrade thereof.
"Terms of Service": means the agreement between THE NETRON PROJECT and You for the use of the software.
"UI": the user interface of the software.
"You": you, the end user of the THE NETRON PROJECT software, also used in the form ìYourî where applicable.
"THE NETRON PROJECT website": the webspace located at http://www.netronproject.com.
ENTERING INTO THIS AGREEMENT
This End User License Agreement constitutes a valid and binding agreement between THE NETRON PROJECTand You, as a user, for the use of the THE NETRON PROJECT software. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the THE NETRON PROJECTsoftware. You hereby agree and acknowledge that this Agreement covers all Your use of THE NETRON PROJECT software, whether it be from this installation or from any other terminals where THE NETRON PROJECT software has been installed, by You or by third parties. Furthermore, by installing and (continuously) using the THE NETRON PROJECT software You agree to be bound by the terms of this Agreement and any new versions hereof.
NO WARRANTY
Because the program is licensed free of charge, there is no warranty for the program, to the extent permitted by applicable law. except when otherwise stated in writing the copyright holders and/or other parties provide the program "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. the entire risk as to the quality and performance of the program is with you. should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.
LICENSE AND RESTRICTIONS
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
4. Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the THE NETRON PROJECT software are and shall remain the exclusive property of THE NETRON PROJECT and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
5.Paid Services. This Agreement applies to downloading, installing and using the THE NETRON PROJECT software, free of charge. The use of any paid services which may be offered by THE NETRON PROJECT or its Affiliates, is subject to the additional Terms of Service that are published on the THE NETRON PROJECT Website.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE THE NETRON PROJECT SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO THE NETRON PROJECT THE RIGHTS SET FORTH HEREIN.
Agilio(r) Firmware License Agreement (the "AGREEMENT")
BY INSTALLING OR USING IN ANY MANNER THE SOFTWARE THAT ACCOMPANIES THIS
AGREEMENT (THE "SOFTWARE") YOU (THE "LICENSEE") ACKNOWLEDGE TO BE BOUND
BY ALL OF THE TERMS OF THIS AGREEMENT.
LICENSE GRANT. Subject to the terms and conditions set forth herein,
Netronome Systems, Inc. ("NETRONOME") hereby grants LICENSEE a non-
exclusive license to use, reproduce and distribute the SOFTWARE
exclusively in object form.
Restrictions. LICENSEE agrees that, (a) unless explicitly provided by
NETRONOME, the source code of the SOFTWARE is not being provided to
LICENSEE and is confidential and proprietary to NETRONOME and that
LICENSEE has no right to access or use such source code. Accordingly,
LICENSEE agrees that it shall not cause or permit the disassembly,
decompilation or reverse engineering of the SOFTWARE or otherwise attempt
to gain access to the source code for the SOFTWARE; and (b) LICENSEE
agrees that it shall not subject the SOFTWARE in whole or in part, to the
terms of any software license that requires, as a condition of use,
modification and/or distribution that the source code of the SOFTWARE, or
the SOFTWARE be i) disclosed or distributed in source code form; ii)
licensed for the purpose of making derivative works of the source code of
the SOFTWARE; or iii) redistribution of the source code of the SOFTWARE
at no charge.
DISCLAIMER OF ALL WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITH
ALL FAULTS AND NETRONOME AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT
SHALL NETRONOME OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE
OF THE SOFTWARE, DOCUMENTATION OR EQUIPMENT, OR FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER
DAMAGES, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE EVEN IF
NETRONOME OR ITS LICENSORS HAVE BEEN MADE AWARE OF THE POSSIBILITY OF
SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
EXPORT COMPLIANCE. LICENSEE shall not use or export or transmit the
SOFTWARE, directly or indirectly, to any restricted countries or in any
other manner that would violate any applicable US and other export
control and other regulations and laws as shall from time to time govern
the delivery, license and use of technology, including without limitation
the Export Administration Act of 1979, as amended, and any regulations
issued thereunder.
PROHIBITION OF SOFTWARE USE IN HIGH RISK ACTIVITIES AND LIFE
SUPPORT APPLICATIONS. The SOFTWARE is not designed, manufactured or
intended for use as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communications systems, air traffic
control, life support systems, human implantation or any other
application where product failure could lead to loss of life or
catastrophic property damage or weapons systems, in which the failure of
the SOFTWARE could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). Accordingly
NETRONOME and, where applicable, NETRONOME'S third party licensors
specifically disclaim any express or implied warranty of fitness for High
Risk Activities.
Network Time Protocol License
http://www.eecis.udel.edu/~mills/ntp/html/copyright.html
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose with or without fee is hereby granted,
provided that the above copyright notice appears in all copies and
that both the copyright notice and this permission notice appear in
supporting documentation, and that the name University of Delaware not
be used in advertising or publicity pertaining to distribution of the
software without specific, written prior permission. The University of
Delaware makes no representations about the suitability this software
for any purpose. It is provided "as is" without express or implied
warranty.
## New Relic Software License v1.0
### Acceptance
This software license applies to the repositories, directories, or files that it has been associated with (referred to here as “the Software”). In order to get any license under these terms, you must agree to them as both strict obligations and conditions to all your licenses.
### License
New Relic grants you a license for the Software to do everything you might do with the Software that would otherwise infringe the New Relic’s copyrights or patent rights, conditional on only using the Software for Permitted Purposes and compliance with all other Restrictions on Use. All other uses are prohibited.
### Permitted Purposes
The Software is solely for use with New Relic’s proprietary SaaS service (“New Relic Service”). To use the Software you must have a valid and active subscription agreement to the New Relic Service. You may not use the Software in conjunction with any other similar service.
### Restrictions on Use
1. The use of the Software is limited to you and your organization. You cannot expose the Software to third parties via the network or use the Software on behalf of anyone else.
2. You cannot modify the Software. You can compile or link the Software into your programs as described in the New Relic Documentation, but you cannot otherwise make any derivative works of the Software.
3. You cannot reverse engineer or decompile the Software.
4. You cannot use the Software for competitive analysis, benchmarking, or any purposes that compete with or are intended to compete with New Relic.
5. You cannot remove or obscure any proprietary notices in the Software.
6. You can only copy the Software to the extent needed to use the Software within your organization. You cannot distribute the Software to any third parties.
7. You can only use the New Relic Services and the Software consistent with your subscription agreement with New Relic, New Relic’s product Documentation and Acceptable Use Policy.
### Intellectual Property
Any feedback provided to New Relic about the Software, including feedback provided as source code, comments, or other copyrightable or patentable material, is provided to New Relic under the terms of the Apache Software License, version 2. If you do not provide attribution information or a copy of the license with your feedback, you waive the performance of those requirements of the Apache License with respect to New Relic. The license grant regarding any feedback is irrevocable and persists past the termination of this license.
### Termination
This license terminates when the Software stops being provided by New Relic or when described by the New Relic subscription agreement, whichever comes first. When this license terminates, you have a commercially reasonable time to either remove the Software from your systems.
### Other Terms
1. The Software is provided “AS IS.” New Relic disclaims all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
2. To the full extent permitted by law, New Relic will have no liability arising from or related to the Software or from this license for any direct, indirect, special, incidental, or consequential damages of any kind, even if advised of their possibility in advance, and regardless of legal theory (whether contract, tort, negligence, strict liability or otherwise).
3. The Software may contain third-party software, including open source software (“OSS”). The third party software is governed by its own license and subject to its own terms, disclosed in the provided licensing information associated with the third party components. If a source code disclosure is required under the terms of the license covering any OSS component, the source code can be requested of New Relic by emailing opensource@newrelic.com.
All other components of this product are
Copyright (c) 2008-2014 New Relic, Inc. All rights reserved.
Certain inventions disclosed in this file may be claimed within
patents owned or patent applications filed by New Relic, Inc. or third
parties.
Subject to the terms of this notice, New Relic grants you a
nonexclusive, nontransferable license, without the right to
sublicense, to (a) install and execute one copy of these files on any
number of workstations owned or controlled by you and (b) distribute
verbatim copies of these files to third parties. As a condition to the
foregoing grant, you must provide this notice along with each copy you
distribute and you must not remove, alter, or obscure this notice. All
other use, reproduction, modification, distribution, or other
exploitation of these files is strictly prohibited, except as may be set
forth in a separate written license agreement between you and New
Relic. The terms of any such license agreement will control over this
notice. The license stated above will be automatically terminated and
revoked if you exceed its scope or violate any of the terms of this
notice.
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of New Relic, except as
required for reasonable and customary use in describing the origin of
this file and reproducing the content of this notice. You may not
mark or brand this file with any trade name, trademarks, service
marks, or product names other than the original brand (if any)
provided by New Relic.
Unless otherwise expressly agreed by New Relic in a separate written
license agreement, these files are provided AS IS, WITHOUT WARRANTY OF
ANY KIND, including without any implied warranties of MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, or NON-INFRINGEMENT. As a
condition to your use of these files, you are solely responsible for
such use. New Relic will have no liability to you for direct,
indirect, consequential, incidental, special, or punitive damages or
for lost profits or data.
The authors hereby grant permission to use, copy, modify, distribute,
and license this software and its documentation for any purpose, provided
that existing copyright notices are retained in all copies and that this
notice is included verbatim in any distributions. No written agreement,
license, or royalty fee is required for any of the authorized uses.
Modifications to this software may be copyrighted by their authors
and need not follow the licensing terms described here, provided that
the new terms are clearly indicated on the first page of each file where
they apply.
There are no restrictions on the use of newran except that I take no liability for any problems that may arise from its use.
I welcome its distribution as part of low cost CD-ROM collections.
You can use it in your commercial projects. However, if you distribute the source, please make it clear which parts are mine and that they are available essentially for free over the Internet.
Permission is granted to anyone to use this software for any purpose
on any computer system, and to redistribute it freely, subject to the
following restrictions:
1. This software is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
2. Altered versions must be plainly marked as such, and must not be
misrepresented as being the original software.
Contributor License Agreement
By contributing your code to Json.NET you grant James Newton-King a non-exclusive, irrevocable, worldwide,
royalty-free, sublicenseable, transferable license under all of Your relevant intellectual property rights
(including copyright, patent, and any other rights), to use, copy, prepare derivative works of, distribute and
publicly perform and display the Contributions on any licensing terms, including without limitation:
(a) open source licenses like the MIT license; and (b) binary, proprietary, or commercial licenses. Except for the
licenses granted herein, You reserve all right, title, and interest in and to the Contribution.
You confirm that you are able to grant us these rights. You represent that You are legally entitled to grant the
above license. If Your employer has rights to intellectual property that You create, You represent that You have
received permission to make the Contributions on behalf of that employer, or that Your employer has waived such
rights for the Contributions.
You represent that the Contributions are Your original works of authorship, and to Your knowledge, no other person
claims, or has the right to claim, any right in any invention or patent related to the Contributions. You also
represent that You are not legally obligated, whether by entering into an agreement or otherwise, in any way that
conflicts with the terms of this license.
James Newton-King acknowledges that, except as explicitly described in this Agreement, any Contribution which
you provide is on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE.
NEXB INC.
END USER AGREEMENT FOR SOFTWARE AS A SERVICE
READ THIS AGREEMENT CAREFULLY.
This Agreement is a legally binding agreement between you (meaning the person or the entity that obtained the Service under the terms and conditions of this Agreement and referred to below as "You" or "Customer") and nexB (meaning nexB Inc.). You are agreeing to be bound by all terms and conditions of this Agreement.
By clicking on the "Agree" or "Accept" or similar button in this Agreement, or proceeding with the use of the Service, or authorizing any other person to do so, You are representing that You are (i) authorized to bind the Customer to the terms of this Agreement; and (ii) agreeing on behalf of the Customer that the terms of this Agreement shall govern the relationship of the parties with regard to the subject matter in this Agreement, and waiving any rights, to the maximum extent permitted by applicable law, to any claim anywhere in the world concerning the enforceability or validity of this Agreement.
If You do not have authority to agree to the terms of this Agreement on behalf of the Customer, or do not accept the terms of this Agreement on behalf of the Customer, click on the "Cancel" or "Decline" or other similar button and/or immediately cease any further attempt to use the Service.
1. DEFINITIONS
(a) "Agreement" means this End User Agreement for Software as a Service.
(b) "Service" means the software as a service that you have purchased from nexB, including accompanying Software, Content and Documentation.
(c) "Software" means the software program(s) and third-party software programs that nexB uses to deliver the Service, and updates to any such Software which Licensee is entitled to receive from nexB for the purposes of this Agreement..
(d) "Content" means any information or data supplied by nexB to Customer to be used in or with the Service, including but not limited to, information and data about software licenses and software components.
(e) "Documentation" means any documentation supplied by nexB including associated media, printed materials, and online or electronic documentation.
(f) "Updates" means the provision by nexB to Customer of Software updates and/or enhancements made generally available to customers from time to time.
(g) "Support" means online technical support (and where applicable, phone or other support) for the sole purpose of addressing technical issues relating to the use of the Service.
(h) "Order Form" means a signed sales order or quote from nexB form under which Licensee may order a Software Evaluation or Subscription License from nexB in the form of Exhibit A.
(i) "User" means each employee, agent, representative or other person working directly or indirectly for or on behalf of Customer organization who has access to and may potentially use the Service.
(j) "Subscription Fees" means the fees to be paid by Customer to nexB in connection with the use of the Service for the duration of any Subscription Period.
(k) "Subscription Period" means the amount of calendar time that the Customer is authorized to use the Service.
(l) "Evaluation Period" means the amount of calendar time that the Customer is authorized to use the Service for evaluation purposes only. The Evaluation Period is 30 days unless otherwise agreed in writing between the parties.
(m) "Open Source Software" means any software that is subject to an Open Source License.
(n) "Open Source License" means any license that allows software to be freely used, modified, and shared. An Open Source License may require a Customer to acknowledge the author of the software and also to redistribute source code for the software or derivative works of the software. Open Source Licenses include, but are not limited to, the GNU GPL, GNU LGPL, MPL, Apache, BSD and MIT licenses.
2. RIGHTS GRANTED
Subject to the terms and conditions of this Agreement, nexB grants to Customer a non-exclusive, non-assignable right during the Subscription (or Evaluation) Period to:
(a) Use the Service for the number of Users and according to other parameters specified on an Order Form for your internal business purposes.
(b) Use, copy, reproduce, adapt and modify the Documentation for your internal business purposes.
(c) Back up and archive your data from the Service at any time.
3. OWNERSHIP
(a) The Service, including without limitation all know-how, concepts, logic and specifications, is a proprietary product belonging to us and our licensors, and is protected throughout the world by copyright and other intellectual property rights.
(b) You retain all ownership and intellectual property rights in and to your data. nexB retains all ownership and intellectual property rights to the Service, Software, Content and Documentation. nexB also retains all ownership and intellectual property rights to anything developed and delivered under this Agreement.
(c) You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Service in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by nexB for use in accessing the Service.
(d) Customer acknowledges that any symbols, trademarks, tradenames, and service marks adopted by nexB to identify the Service, Software and Content belong to nexB and that Customer shall have no rights therein.
4. CONFIDENTIALITY
Customer acknowledges that the Service contains proprietary trade secrets and other intellectual property of nexB and hereby agrees to maintain the confidentiality of the Software using at least the same degree of care as used to maintain the confidentiality of its own most confidential information. Customer agrees to communicate the terms and conditions of this Agreement to those persons employed by Customer or otherwise within its organization who come into contact with the Service, and to use its best efforts to ensure their compliance with such terms and conditions, including, without limitation, not permitting such persons to use any portion of the Service for the purpose of deriving the source code of the Software.
5. PRIVACY AND SECURITY
(a) You acknowledge and agree that it may be necessary for us to collect and process certain information relating to Customer and individual Users in order to perform the Service, and that such information may include proprietary, confidential and/or personal data, including without limitation (i) names, email addresses, telephone numbers and other contact details; (ii) account usernames; (iii) IP addresses; and (iv) usage information.
(b) You further acknowledge and agree that nexB may access or disclose information about Customer, including the content of Customer communications, in order to: (i) comply with the law or respond to lawful requests or legal process; (ii) protect the rights or property of nexB or nexB's customers, including the enforcement of nexB's agreements or policies governing Customer's use of the Service; or (iii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of nexB employees, customers, or the public.
6. THIRD-PARTY SOFTWARE
(a) The Service may operate or interface with software or other technology which is not owned by us and is licensed to us by third parties ("Third Party Licensors"), but which we have the necessary rights to license to you ("Third Party Software"). You agree that (i) you will use such Third Party Software in accordance with this Agreement, (ii) no Third Party Licensor makes any warranties, conditions, undertakings or representations of any kind, either express or implied, to you concerning such Third Party Software or the Service itself, (iii) no Third Party Licensor will have any obligation or liability to you as a result of this Agreement or your use of such Third Party Software, (iv) such Third Party Software may be licensed under license terms which grant you additional rights or contain additional restrictions in relation to such materials, beyond those set forth in this Agreement, and such additional license rights and restrictions are described or linked to within the applicable Documentation or within the Service itself.
(b) nexB will notify Customer in writing whether whether there is any Open Source Software embedded in the Software. For any such Open Source Software, nexB warrants that it has complied with any Open Source License terms and conditions and provided Licensee with the license terms, source code or other information necessary for Licensee's compliance with such license terms and conditions. nexB warrants that it will provide an updated disclosure of Open Source Software in the documentation for each new release of the Software.
7. LIMITED WARRANTY
(a) If Customer has paid a Subscription Fee for the Service, nexB warrants to Customer during the Subscription Period that the Service when used for its intended purpose will achieve in all material respects the functionality described in the Documentation. nexB does not warrant that the Service will be error-free. This warranty is only for the benefit of the Customer.
(b) Customer’s sole and exclusive remedy for nexB’s breach of this warranty shall be that nexB shall be required to use commercially reasonable efforts to modify the Service to achieve in all material respects the functionality described in the Documentation. If nexB is unable to restore such functionality, then Customer shall be entitled to terminate the Agreement and shall be entitled to receive a pro-rata refund of the Subscription Fees paid for under the Agreement for its use of the Service but which use has not yet been furnished by nexB as of the date of such termination. nexB shall have no obligation with respect to a warranty claim unless notified in accordance with subsection (c) below of such claim within thirty (30) days after Customer first learns or should have learned of any material functionality problem.
(c) In the event of a failure of the Service to achieve the functionality described in the Documentation, Customer will notify nexB of the problem using nexB's online tracking system with sufficient details as reasonably requested by nexB in order to allow nexB to attempt to reproduce the problem. nexB shall use its best efforts to provide a correction or workaround to the Customer within the time period specified for the problem severity at https://dejacode.zendesk.com/home . We reserve the right to limit the number of Users who may contact our technical support team.
(d) We reserve the right, in our sole discretion, to change, update, and enhance the Service at any time including to add functionality or features to, or remove them from, the Service. We may also suspend the Service or stop providing the Service altogether. If nexB suspends or stops providing the Service or removes functionality or features that Customer deems essential for its use of the Service, then Customer shall be entitled to terminate the Agreement and shall be entitled to receive a pro-rata refund of the Subscription Fees paid for under the Agreement for its use of the Service but which use has not yet been furnished by nexB as of the date of such termination.
(e) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, THE SERVICE IS PROVIDED TO CUSTOMER ON AN "AS IS" BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND NEXB AND ITS RESELLERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEXB DOES NOT WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S OR ITS END USERS’ REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICE AND ALL RESULTS OF SUCH USE IS SOLELY AT CUSTOMER’S AND ITS END USERS’ OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEXB OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, NEXB’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
8. INDEMNIFICATION
(a) nexB will defend and indemnify Customer for all reasonable costs arising from a claim that Service furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that: (i) Customer notifies nexB in writing within 30 days after Customer learns or should have learned of the claim; (ii) nexB has sole control of the defense and all related settlement negotiations; and (iii) Customer provides nexB with the assistance, information, and authority necessary to perform the above.
(b) In the event the Service is held or believed by nexB to infringe, or Customer's use of the Service is enjoined, nexB will have the option, at its expense, to: (i) modify the Service to cause it to become non-infringing; (ii) obtain a license for Customer to continue using the Service; or (iii) if none of the foregoing remedies are commercially feasible, terminate this Agreement and refund any Subscription Fees paid for the Service, prorated over the term from the effective date of the Agreement.
This Section 8 states nexB's entire liability for infringement.
9. LIMITATION OF LIABILITY
(a) In no event will nexB or its resellers be liable to Customer or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of or related to the use of or inability to use the Software or Content, or for any claim by any other party, even if nexB has been advised of the possibility of such damages.
(b) nexB's aggregate liability with respect to its obligations under this Agreement or otherwise with respect to the Service or otherwise shall not exceed the Subscription Fees received by nexB from Customer during the 12 month period immediately preceding the event that gave rise to the claim. Because some states and/or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
10. NO LEGAL ADVICE
Customer’s use of the Service is not intended to create, and does not constitute, an attorney-client relationship between Customer and any person or entity connected with nexB. The Service should not be used as a substitute for competent legal advice from a lawyer whom Customer has retained. Neither the Service, the Content, the Documentation nor any communications between nexB and Customer or any User is intended to provide, and in no event shall it be treated as providing or constituting legal advice.
11. EXPORT RESTRICTIONS
nexB makes no representation that the Service is appropriate or available for use outside of the United States of America. The Service is further subject to United States export controls. Software, Content or Documentation from the Service may not be used, disclosed or transported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, Customer represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
12. U.S. GOVERNMENT RESTRICTED RIGHTS
The Service has been developed entirely at private expense and is provided as "Commercial Computer Software" or "restricted computer software". Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, and successor thereof, as applicable.
13. TERMINATION
(a) If Customer fails to comply with the terms and conditions of this Agreement, this Agreement and Customer's right and license to use the Service will terminate immediately. Customer may terminate this Agreement at any time by notifying nexB in writing. Upon the termination of this Agreement, Customer must cease using the Service.
(b) If Customer uses the Service during an Evaluation Period, nexB may terminate this Agreement for convenience and for any or no reason and may, at its sole discretion, require Customer to discontinue Customer access to the Service at any time.
(c) In addition to any other termination rights provided in this Agreement, either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within 30 days after delivery of a written notice describing the breach.
14. MARKETING
Customer agrees to be identified as a customer of nexB and that nexB may refer to Customer by name, trade name and trademark, if applicable, and may briefly describe Customer's business in nexB's marketing materials, on nexB's web site, and in public or legal documents. Customer can deny nexB this right at any time by submitting a written request via email to marketing@nexb.com, requesting to be excluded from Software marketing material.
15. TAXES
Subscription Fees are exclusive of sales, use, value-added or other similar taxes. Customer shall pay or reimburse nexB for such taxes on or related to the Service whether assessed at the time of Your purchase or thereafter determined to have been due, unless an exemption certificate or a direct payment permit is provided to nexB for each taxing jurisdiction for which You claim exemption.
16. GENERAL
(a) Customer agrees that all agreements, notices, disclosures, and other communications that nexB provides to Customer electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
(b) Customer shall not assign this Agreement or transfer any of its rights hereunder, or delegate the performance of any of its duties or obligations arising under this Agreement, whether by merger, acquisition, sale of assets, operation of law, or otherwise, without the prior written consent of nexB. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. Except as otherwise specified in this Agreement, this Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and that is signed on behalf of both parties. No waiver will be implied from conduct or failure to enforce rights.
(c) This Agreement will be governed by the laws of the State of California without regard to conflicts of law provisions thereof. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Each party irrevocably consents to the exclusive jurisdiction of and venue in the US federal or state courts seated in the Counties of San Francisco, San Mateo or Santa Clara, California, USA.
(d) Any terms of this Agreement that by their nature extend beyond the termination of this Agreement shall remain in effect until fulfilled, and such terms shall apply to the respective successors and assigns of either party. Terms that survive include, but are not limited to, the provisions of Sections 4 (Ownership), 5 (Confidentiality), 7 (Limited Warranty), 9 (Limitation of Liability) and 16 (General).
(e) If any term of this Agreement is found invalid or unenforceable, that term will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force.
(f) The parties are independent contractors and nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties.
(g) This Agreement, including the third-party software license agreements and any Order Forms that incorporate this Agreement, represents the entire agreement between the parties relating to Customer's use of the Service and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Service.
17. CHANGES TO THIS AGREEMENT
We may update or modify this Agreement from time to time, including any referenced policies or other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify You (by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on our blog, through your nexB account, or in the Product itself). If we modify the Agreement during Your Subscription Period, the modified version will be effective upon Your next renewal of a Subscription Period.. In this case, if You object to the updated Agreement, as Your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. You may be required to click through the updated Agreement to show Your acceptance. For the avoidance of doubt, any Order Form is subject to the version of the Agreement in effect at the time the Order Form is accepted.
Revision: 1.1.0 October 2017
nexB Software Subscription License Agreement
This Software Subscription License Agreement (the "Agreement) is entered into by and between nexB Inc., a California corporation, having its principal place of business at 735 Industrial Road Suite 101, San Carlos, CA 94070 and ___________________, a ______________ corporation, having its principal place of business at _________________________________________________ ("Licensee"). This Agreement is effective as of _________________ ("Effective Date").
1. DEFINITIONS
(a) "Agreement" means this Software Subscription License Agreement.
(b) "Software Subscription License" means a license to use the Software subject to the duration of a Subscription or Evaluation Period.
(c) "Software" means the DejaCode software program(s) and third-party software programs supplied by nexB, and updates to any such Software which Licensee is entitled to receive from nexB for the purposes of this Agreement.
(d) "Content" means any information or data supplied by nexB to Licensee to be used in or with the Software, including but not limited to, information and data about software licenses and software components.
(e) "Documentation" means any documentation supplied by nexB including associated media, printed materials, and online or electronic documentation.
(f) "Updates" means the provision by nexB to Licensee of Software updates and/or enhancements made generally available to customers from time to time.
(g) "Support" means online technical support (and where applicable, phone or other support) for the sole purpose of addressing technical issues relating to the use of the Software.
(h) "Order Form" means a signed sales order or quote form under which Licensee may order a Software Evaluation or Subscription License from nexB in the form of Exhibit A.
(i) "User" means each employee, agent, representative or other person working directly or indirectly for or on behalf of Licensee organization who has access to and may potentially use the Software.
(j) "Subscription Fees" means the fees to be paid by Licensee to nexB in connection with licensing the Software for the duration of any Subscription Period as specified by an Order Form.
(k) "Subscription Period" means the amount of calendar time that the Licensee is authorized to use the Software as specified by an Order Form.
(l) "Evaluation Period" means the amount of calendar time that the Licensee is authorized to use the Software for evaluation purposes only. The Evaluation Period is 30 days unless otherwise agreed between the parties.
(m) "Open Source Software" means any software that is subject to an Open Source License.
(n) "Open Source License" means any license that allows software to be freely used, modified, and shared. An Open Source License may require a licensee to acknowledge the author of the software and also to redistribute source code for the software or derivative works of the software. Open Source Licenses include, but are not limited to, the GNU GPL, GNU LGPL, MPL, Apache, BSD and MIT licenses.
2. LICENSE GRANT
(a) Subject to the terms and conditions of this Agreement, nexB grants to Licensee a non-exclusive, non-transferable license during the Subscription or Evaluation Period to install and use the Software on the number of computers and for the number of Users specified in the Order Form.
(b) Subject to the terms and conditions of this Agreement, nexB grants to Licensee a non-exclusive, non-transferable license during the Subscription or Evaluation Period to install and use the Content on the number of computers and for the number of Users specified in the Order Form.
(c) This is not a perpetual license. Licensee has no right to retain or to use the Software or Content after termination of the applicable Subscription or Evaluation Period for any reason. Licensee may not permit access to or use of the Software by any Users other than the Users licensed and paid for by Licensee.
(d) Licensee may make a reasonable number of copies of the Software exclusively for back-up, non-production testing, disaster recovery, failover or archival purposes. Licensee may not publish, display, disclose, rent, lease, modify, loan, distribute, transfer, assign or sublicense the Software or create derivative works based on the Software or any part thereof. Licensee may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall the Licensee attempt to create the source code from the object code for the Software.
3. UPDATES
nexB, at its sole discretion, may provide updates in connection with the Software. Updates may be provided by email, downloads or otherwise as nexB deems appropriate. Updates will be provided without charge during the Subscription Period.
4. OWNERSHIP
(a) The Software is the property of nexB or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of nexB and its suppliers.
Licensee has a limited license to use the Software (i) for as long as this Agreement remains in full force and effect and subject to any applicable Subscription (or Evaluation) Period, (ii) provided that any other agreement concerning Licensee’s use of the Software remains in full force and effect and (iii) for so long as Licensee has timely made payment of any Subscription Fees due nexB. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and a violation of this Agreement.
(b) The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of nexB and its suppliers and are protected by intellectual property laws and treaties. All rights not expressly granted to Licensee herein are expressly reserved by nexB. Licensee may not remove any proprietary notices from any copy of the Software or Documentation. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
(c) Licensee acknowledges that any symbols, trademarks, tradenames, and service marks adopted by nexB to identify the Software belong to nexB and that Licensee shall have no rights therein.
5. CONFIDENTIALITY
Licensee acknowledges that the Software contains proprietary trade secrets of nexB and hereby agrees to maintain the confidentiality of the Software using at least the same degree of care as used to maintain the confidentiality of their own most confidential information. Licensee agrees to reasonably communicate the terms and conditions of this Agreement to those persons employed by Licensee or otherwise within their organization who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software.
6. THIRD-PARTY SOFTWARE
(a) The Licensee acknowledges that the Software may contain third-party software, including Open Source Software, which is licensed to Licensee in accordance with the separate license agreements included with the Software, and subject to any obligations or restrictions set forth herein. Licensee agrees to abide by the terms and conditions of the third-party software license agreements. nexB will have no responsibility with respect to any third-party software, and Licensee will look solely to the licensor(s) of the third-party software for any remedy. nexB claims no right in the third-party software.
(b) nexB will notify Licensee in writing whether there is any Open Source Software embedded in the Software. For any such Open Source Software, nexB warrants that it has complied with any Open Source License terms and conditions and provided Licensee with the license terms, source code or other information necessary for Licensee's compliance with such license terms and conditions. nexB warrants that it will provide an updated disclosure of Open Source Software in the documentation for each new release of the Software. Licensee may also request a separate disclosure of the Open Source Software used in the current version of the Software.
7. LIMITED WARRANTY
(a) If Licensee has paid a license fee for the Software, nexB warrants to Licensee during the Subscription Period that the Software when used for its intended purpose will achieve in all material respects the functionality described in the Documentation. nexB does not warrant that the Software will be error-free. This warranty is only for the benefit of the Licensee.
(b) Licensee’s sole and exclusive remedy for nexB’s breach of this warranty shall be that nexB shall be required to use commercially reasonable efforts to modify the Software to achieve in all material respects the functionality described in the Documentation and if nexB is unable to restore such functionality, then Licensee shall be entitled to terminate the Agreement and shall be entitled to receive a pro-rata refund of the license fees paid for under the Agreement for its use of the Software but which use has not yet been furnished by nexB as of the date of such termination. nexB shall have no obligation with respect to a warranty claim unless notified of such claim within thirty (30) days after Licensee first learns or should have learned of any material functionality problem.
(c) In the event of a failure of the Software to achieve the functionality described in the Documentation, Licensee will notify nexB of the problem using nexB's online tracking system with sufficient details as reasonably requested by nexB in order to allow nexB to attempt to reproduce the problem. nexB shall use its best efforts to provide a correction or workaround to the Licensee within the time period specified for the problem severity in Exhibit B.
(d) nexB reserves the right, in our sole discretion, to change, update, and enhance the Software at any time including to add functionality or features to, or remove them from, the Software, If nexB removes functionality or features that Licensee deems essential for its use of the Software, then Licensee shall be entitled to terminate the Agreement and shall be entitled to receive a pro-rata refund of the Subscription Fees paid for under the Agreement for its use of the Software, but which use has not yet been furnished by nexB as of the date of such termination.
(e) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, THE SOFTWARE IS PROVIDED TO LICENSEE ON AN "AS IS" BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND; AND nexB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. nexB DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET LICENSEE’S OR ITS END USERS’ REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SOFTWARE AND SERVICES AND ALL RESULTS OF SUCH USE IS SOLELY AT LICENSEE’S AND ITS END USERS’ OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY nexB OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. IN SUCH EVENT, nexB’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
8. INDEMNIFICATION
(a) nexB will defend and indemnify Licensee for all reasonable costs arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that:
(i) Licensee notifies nexB in writing within 30 days after Licensee learns or should have learned of the claim
(ii) nexB has sole control of the defense and all related settlement negotiations, and
(iii) Licensee provides nexB with the assistance, information, and authority necessary to perform the above.
(b) nexB will have no liability for any claim of infringement based on:
(i) code contained within the Software which was not created by nexB including, but not limited to, the third-party software or Open Source Software;
(ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by nexB or under nexB's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that nexB provides to Licensee, or
(iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by nexB if such infringement would have been avoided by the use of the Software without such programs or data.
(c) In the event the Software is held or believed by nexB to infringe, or Licensee's use of the Software is enjoined, nexB will have the option, at its expense, to:
(i) modify the Software to cause it to become non-infringing;
(ii) obtain a license for Licensee to continue using the Software;
(iii) substitute the Software with other Software reasonably suitable to Licensee, or
(iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any Subscription Fees paid for the Software, prorated over the term from the effective date of the Agreement.
This Section states nexB's entire liability for infringement.
9. LIMITATION OF LIABILITY
(a) In no event will nexB be liable to Licensee or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Software, or for any claim by any other party, even if nexB has been advised of the possibility of such damages.
(b) nexB's aggregate liability with respect to its obligations under this Agreement or otherwise with respect to the Software, Content and Documentation or otherwise shall not exceed the Subscription Fees received by nexB from Licensee during the 12 month period immediately preceding the event that gave rise to the claim. Because some states and/or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
10. NO LEGAL ADVICE
Licensee’s use of the Software, Content and Documentation is not intended to create, and does not constitute, an attorney-client relationship between Licensee and any person or entity connected with nexB. The Software, Content and Documentation should not be used as a substitute for competent legal advice from a lawyer whom Licensee has retained. Neither the Software, the Documentation nor any communications between nexB and Licensee or any User is intended to provide, and in no event shall it be treated as providing, legal advice.
11. EXPORT RESTRICTIONS
nexB makes no representation that the Software, Content or Documentation is appropriate or available for use outside of the United States of America. Software, Content and Documentation are further subject to United States export controls. No Software, Content or Documentation may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, Content or Documentation, Licensee represents and warrants that they are not located in, under the control of, or a national or resident of any such country or on any such list.
12. U.S GOVERNMENT RESTRICTED RIGHTS
The Software has been developed entirely at private expense and is provided as "Commercial Computer Software" or "restricted computer software". Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, and successor thereof, as applicable.
13. TERMINATION
(a) If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use the Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying nexB. Upon the termination of this Agreement, Licensee must cease using the Software and delete the Software from its computers and archives.
(b) During an Evaluation Period, nexB may terminate this License Agreement for convenience and for any or no reason and may, at its sole discretion, require Licensee to return the Software to nexB or discontinue Licensee access to the Software at any time.
(c) In addition to any other termination rights provided in this Agreement, either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within 30 days after delivery of a written notice describing the breach.
14. MARKETING
Licensee agrees to be identified as a customer of nexB and that nexB may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in nexB's marketing materials, on nexB's web site, in public or legal documents. Licensee can deny nexB this right at any time by submitting a written request via email to sales@nexb.com, requesting to be excluded from Software marketing material.
15. PAYMENT
Subscription Fees are exclusive of sales and use taxes. Licensee shall pay or reimburse nexB for such taxes on or related to the Software unless an exemption certificate or a direct payment permit is provided to nexB. Unless otherwise agreed upon by the parties in writing, all undisputed invoices will be paid thirty (30) days from the Effective Date of the Agreement.
16. GENERAL
(a) Licensee agrees that all agreements, notices, disclosures, and other communications that nexB provides to Licensee electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
(b) Licensee shall not assign this Agreement or transfer any of its rights hereunder, or delegate the performance of any of its duties or obligations arising under this Agreement, whether by merger, acquisition, sale of assets, operation of law, or otherwise, without the prior written consent of nexB. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. Except as otherwise specified in this Agreement, this Agreement may be amended or supplemented only by a writing that refers explicitly to this Agreement and that is signed on behalf of both parties. No waiver will be implied from conduct or failure to enforce rights.
(c) This Agreement will be governed by the laws of the State of California without regard to conflicts of law provisions thereof. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Each party irrevocably consents to the exclusive jurisdiction of and venue in the federal or state courts seated in the Counties of San Francisco, San Mateo or Santa Clara, California.
(d) Any terms of this Agreement that by their nature extend beyond the termination of this Agreement shall remain in effect until fulfilled, and such terms shall apply to the respective successors and assigns of either party. Terms that survive include, but are not limited to, the provisions of Sections 4 (Ownership), 5 (Confidentiality), 7 (Limited Warranty), 9 (Limitation of Liability) and 16 (General).
(e) If any term of this Agreement is found invalid or unenforceable that term will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force.
(f) The parties are independent contractors and nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties.
(g) This Agreement, including the third-party software license agreements and any Order Forms that incorporate this Agreement, represents the entire agreement between the parties relating to Licensee's use of the Software, Content and Documentation and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software, Content and Documentation whether written or oral, except to the extent nexB makes any software or services available to Licensee under separate written terms.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed on its behalf by its duly authorized representative.
nexB Licensee -
By: By:
Name: Name:
Title: Title:
Revision 1.1.0 October 2017
Nethack General Public License
Copyright (c) 1989 M. Stephenson
(Based on the BISON general public license, copyright 1988 Richard M. Stallman)
Everyone is permitted to copy and distribute verbatim copies of this license, but changing it is not allowed. You can also use this wording to make the terms for other programs.
The license agreements of most software companies keep you at the mercy of those companies. By contrast, our general public license is intended to give everyone the right to share NetHack. To make sure that you get the rights we want you to have, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. Hence this license agreement.
Specifically, we want to make sure that you have the right to give away copies of NetHack, that you receive source code or else can get it if you want it, that you can change NetHack or use pieces of it in new free programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to deprive anyone else of these rights. For example, if you distribute copies of NetHack, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must tell them their rights.
Also, for our own protection, we must make certain that everyone finds out that there is no warranty for NetHack. If NetHack is modified by someone else and passed on, we want its recipients to know that what they have is not what we distributed.
Therefore we (Mike Stephenson and other holders of NetHack copyrights) make the following terms which say what you must do to be allowed to distribute or change NetHack.
COPYING POLICIES
1. You may copy and distribute verbatim copies of NetHack source code as you receive it, in any medium, provided that you keep intact the notices on all files that refer to copyrights, to this License Agreement, and to the absence of any warranty; and give any other recipients of the NetHack program a copy of this License Agreement along with the program.
2. You may modify your copy or copies of NetHack or any portion of it, and copy and distribute such modifications under the terms of Paragraph 1 above (including distributing this License Agreement), provided that you also do the following:
a) cause the modified files to carry prominent notices stating that you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish, that in whole or in part contains or is a derivative of NetHack or any part thereof, to be licensed at no charge to all third parties on terms identical to those contained in this License Agreement (except that you may choose to grant more extensive warranty protection to some or all third parties, at your option)
c) You may charge a distribution fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
3. You may copy and distribute NetHack (or a portion or derivative of it, under Paragraph 2) in object code or executable form under the terms of Paragraphs 1 and 2 above provided that you also do one of the following:
a) accompany it with the complete machine-readable source code, which must be distributed under the terms of Paragraphs 1 and 2 above; or,
b) accompany it with full information as to how to obtain the complete machine-readable source code from an appropriate archive site. (This alternative is allowed only for noncommercial distribution.)
For these purposes, complete source code means either the full source distribution as originally released over Usenet or updated copies of the files in this distribution used to create the object code or executable.
4. You may not copy, sublicense, distribute or transfer NetHack except as expressly provided under this License Agreement. Any attempt otherwise to copy, sublicense, distribute or transfer NetHack is void and your rights to use the program under this License agreement shall be automatically terminated. However, parties who have received computer software programs from you with this License Agreement will not have their licenses terminated so long as such parties remain in full compliance.
Stated plainly: You are permitted to modify NetHack, or otherwise use parts of NetHack, provided that you comply with the conditions specified above; in particular, your modified NetHack or program containing parts of NetHack must remain freely available as provided in this License Agreement. In other words, go ahead and share NetHack, but don't try to stop anyone else from sharing it farther.
Permission is granted to anyone to use this software for any purpose on
any computer system, and to alter it and redistribute it, subject
to the following restrictions:
1. The origin of this software must not be misrepresented, either by
explicit claim or by omission.
2. Altered versions must be plainly marked as such, and must not be
misrepresented as being the original software. Any altered version
must clearly and properly represent the origin of this software in
any accompanying documentation.
3. All advertising materials which relate specifically to derivate
works of this software must display the following acknowledgement:
This product includes software developed by Jordan Ritter.
4. The name of the Author may not be used to endorse or promote
products derived from this software without specific prior written
permission.
5. This notice, and any references to this notice, in any original or
derived source distribution of or documentation for this software,
may not be removed or altered.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, modify, and/or distribute this software for any purpose with or
without fee is hereby granted.
This software and this license are NOT allowed to be used by any person who writes
programming source code but:
- Does not write documentation of their source code's public Application Programming
Interface (API).
- Negligently writes documentation of their source code's public API in order to bypass
this restriction.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT
SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THIS SOFTWARE.
No right, title or interest in or to any trade mark, service mark, logo
or trade name of National ICT Australia Limited, ABN 62 102 206 173
(“NICTA”) or its licensors is granted. Modified versions of the Program
must be plainly marked as such, and must not be distributed using
“eChronos” as a trade mark or product name, or misrepresented as being
the original Program.
NICTA Public Software Licence
Version 1.0
Copyright © 2004 National ICT Australia Ltd
All rights reserved.
By this licence, National ICT Australia Ltd (NICTA) grants permission,
free of charge, to any person who obtains a copy of this software
and any associated documentation files ("the Software") to use and
deal with the Software in source code and binary forms without
restriction, with or without modification, and to permit persons
to whom the Software is furnished to do so, provided that the
following conditions are met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimers.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimers in
the documentation and/or other materials provided with the
distribution.
- The name of NICTA may not be used to endorse or promote products
derived from this Software without specific prior written permission.
EXCEPT AS EXPRESSLY STATED IN THIS LICENCE AND TO THE FULL EXTENT
PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS-IS" AND
NICTA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS
OR ACCURACY OF THE SOFTWARE, OR OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THE ABSENCE OF LATENT
OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR
NOT DISCOVERABLE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
NICTA BE LIABLE ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING (WITHOUT
LIMITATION) LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR
CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS,
OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS;
OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE,
THE SOFTWARE OR THE USE OF THE SOFTWARE, EVEN IF NICTA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If applicable legislation implies warranties or conditions, or
imposes obligations or liability on NICTA in respect of the Software
that cannot be wholly or partly excluded, restricted or modified,
NICTA's liability is limited, to the full extent permitted by the
applicable legislation, at its option, to:
a. in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring
equivalent goods;
iv. the payment of the cost of having the goods repaired; or
b. in the case of services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied
again.
The author hereby grants a perpetual license to everybody to use this
code for any purpose as long as the copyright message is included in the
source code of this or any derived work.
Yes, this means that you, your company, your club, and anyone else can
use this code anywhere you want. You can change it and distribute it
under the GPL, include it in your commercial product without releasing
the source code, put it on the web, etc. The only thing you cannot do is
remove my copyright message, or distribute any source code based on this
implementation that does not include my copyright message.
I appreciate a mention in the documentation or credits, but I understand
if that is difficult to do. I also appreciate it if you tell me where
and why you used my code.
DISCLAIMER: As I'm giving away my work for free, I'm of course not going
to accept any liability of any form. This code, or the Twofish cipher,
might very well be flawed; you have been warned. This software is
provided as-is, without any kind of warrenty or guarantee. And that is
really all you can expect when you download code for free from the
Internet.
Permission to use, copy, modify, and distribute this software is
freely granted, provided that the above copyright notice, this notice
and the following disclaimer are preserved with no changes.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Terms of Use
The National Vulnerability Database (NVD) was created by the National Institute of Standards and Technology (NIST) and is being made available as a public service. The NVD offers some of its public data in machine-readable format via an Application Programming Interface ("API"). This service is offered subject to this Terms of Use and NIST Website Policies (collectively, the "Terms of Use" or "TOU").
Use
The NVD API is intended to be used to develop a service or services to search, display, analyze, retrieve, view and otherwise "get" information from NVD data.
Examples of specific use cases are described in the guidance on the NVD’s website. Enterprise scale development that uses the NVD should consult this guidance.
Attribution
Services which utilize or access the NVD API are asked to display the following notice prominently within the application: "This product uses the NVD API but is not endorsed or certified by the NVD."
You may use the NVD name in order to identify the source of API content subject to these rules. You may not use the NVD name, to imply endorsement of any product, service, or entity, not-for-profit, commercial or otherwise.
Modification or False Representation of Content
If you modify the content accessed through the API, you may not attribute the source as the NVD.
Use Limitations
Your use of the API may be subject to certain limitations on access, calls, or use as set forth within these Agreements or otherwise provided by the NVD. If the NVD’s administrators believe that you have attempted to exceed or circumvent these limits, or misuse access to this system, your ability to access the API and/or the NVD may be temporarily or permanently blocked. The NVD may monitor your use of the API to improve the service or to ensure access limitations are not exceeded.
Without an API key, you may make a number of queries equal to the public rate limits posted at nvd.nist.gov/developers. More than the public rate limit requires that you register for an API key. The key will become part of your data request. Keys should not be used by, or shared with, individuals or organizations other than the original requestor.
Queries from a business or organization having multiple requestors might employ a proxy service or firewall. This may make all of the users of that business or organization to appear to have the same IP address. If multiple employees were making queries, the rate limits are for the user’s proxy server/firewall, not the individual user.
A unique API key is suggested for any mobile or web application that makes a number of requests based on dynamically changing information. Rate limits may be reached by the total number of requests from all instances when the application queries the NVD API, even if multiple users access your application through different IP addresses.
Disclaimer of Warranties
The API is provided "as is" and on an "as-available" basis. The NVD hereby disclaim all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The NVD makes no warranty that the API will be error free or that access thereto will be continuous or uninterrupted.
No Waiver
The NVD’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute waiver of such right or provision.
This software was developed by employees of the National Institute of Standards
and Technology (NIST), an agency of the Federal Government and is being made
available as a public service. Pursuant to title 17 United States Code Section
105, works of NIST employees are not subject to copyright protection in the
United States. This software may be subject to foreign copyright. Permission
in the United States and in foreign countries, to the extent that NIST may hold
copyright, to use, copy, modify, create derivative works, and distribute this
software and its documentation without fee is hereby granted on a non-exclusive
basis, provided that this notice and disclaimer of warranty appears in all
copies.
THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EITHER
EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY
THAT THE SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM
INFRINGEMENT, AND ANY WARRANTY THAT THE DOCUMENTATION WILL CONFORM TO THE
SOFTWARE, OR ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE. IN NO EVENT
SHALL NIST BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR
N ANY WAY CONNECTED WITH THIS SOFTWARE, WHETHER OR NOT BASED UPON WARRANTY,
CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR
PROPERTY OR OTHERWISE, AND WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT
OF THE RESULTS OF, OR USE OF, THE SOFTWARE OR SERVICES PROVIDED HEREUNDER.
Conditions Of Use
This software was developed by employees of the National Institute of
Standards and Technology (NIST), an agency of the Federal Government.
Pursuant to title 15 Untied States Code Section 105, works of NIST
employees are not subject to copyright protection in the United States
and are considered to be in the public domain. As a result, a formal
license is not needed to use the software.
This software is provided by NIST as a service and is expressly
provided "AS IS." NIST MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND DATA ACCURACY. NIST does not warrant or make any representations
regarding the use of the software or the results thereof, including but
not limited to the correctness, accuracy, reliability or usefulness of
the software.
Permission to use this software is contingent upon your acceptance
of the terms of this agreement
NIST-developed software is provided by NIST as a public service.
You may use, copy, and distribute copies of the software in any
medium, provided that you keep intact this entire notice. You may
improve, modify, and create derivative works of the software or any
portion of the software, and you may copy and distribute such
modifications or works. Modified works should carry a notice stating
that you changed the software and should note the date and nature of
any such change. Please explicitly acknowledge the National Institute
of Standards and Technology as the source of the software.
NIST-developed software is expressly provided "AS IS." NIST MAKES NO
WARRANTY OF ANY KIND, EXPRESS, IMPLIED, IN FACT, OR ARISING BY OPERATION
OF LAW, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND DATA ACCURACY. NIST
NEITHER REPRESENTS NOR WARRANTS THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. NIST DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SOFTWARE OR
THE RESULTS THEREOF, INCLUDING BUT NOT LIMITED TO THE CORRECTNESS, ACCURACY,
RELIABILITY, OR USEFULNESS OF THE SOFTWARE.
You are solely responsible for determining the appropriateness of using and
distributing the software and you assume all risks associated with its use,
including but not limited to the risks and costs of program errors, compliance
with applicable laws, damage to or loss of data, programs or equipment, and the
unavailability or interruption of operation. This software is not intended to be
used in any situation where a failure could cause risk of injury or damage to
property. The software developed by NIST employees is not subject to copyright
protection within the United States.
Copyright protection on this compilation of data has been secured by the Secretary of the U.S. Department of Commerce on behalf of the United States in the United States and all countries that are parties to the Universal Copyright Convention, pursuant to Section 290(e) of Title 15 of the United States Code.
Norwegian Licence for Open Government Data (NLOD)
Preface of licence
This licence grants you the right to copy, use and distribute information, provided you acknowledge the contributors and comply with the terms and conditions stipulated in this licence. By using information made available under this licence, you accept the terms and conditions set forth in this licence. As set out in Section 7, the licensor disclaims any and all liability for the quality of the information and what the information is used for.
This licence shall not impose any limitations on the rights or freedoms of the licensee under the Norwegian Freedom of Information Act or any other legislation granting the general public a right of access to public sector information, or that follow from exemptions or limitations stipulated in the Norwegian Copyright Act. Further, the licence shall not impose any limitations on the licensee's freedom of expression recognized by law.
1. Definitions
«Database» shall mean a database or similar protected under Section 43 of the Norwegian Copyright Act.
«Information» shall mean texts, images, recordings, data sets or other works protected under Section 1 of the Norwegian Copyright Act, or which are protected under provisions addressing what is referred to as «neighbouring rights» in Chapter 5 of the Norwegian Copyright Act (including databases and photographs), and which are distributed under this licence.
«Copy» shall mean reproduction in any form.
«Licensee» and «you» shall mean natural or legal persons using information under this licence.
«Licensor» shall mean the natural or legal person that makes information available under this licence.
«Distribute» shall mean any actions whereby information is made available, including to distribute, transfer, communicate, disperse, show, perform, sell, lend and rent.
«Use» shall mean one or more actions relevant to copyright law requiring permission from the owner of the copyright.
2. Licence
The licensee, subject to the limitations that follow from this licence, may use the information for any purpose and in all contexts, by:
* copying the information and distributing the information to others,
* modifying the information and/or combining the information with other information, and
* copying and distributing such changed or combined information.
* This is a non-exclusive, free, perpetual and worldwide licence. The information may be used in any medium and format known today and/or which will become known in the future. The Licensee shall not sub-license or transfer this licence.
3. Exemptions
The licence does not apply to and therefore does not grant a right to use:
* information which contains personal data covered by the Norwegian Personal Data Act unless there is a legitimate basis for the disclosure and further processing of the personal data
* information distributed in violation of a statutory obligation to observe confidentiality
* information excluded from public disclosure pursuant to law, including information deemed sensitive under the Norwegian National Security Act
* information subject to third party rights which the licensor is not authorised to license to the licensee
* information protected by intellectual property rights other than copyright and neighbouring rights in accordance with Chapter 5 of the Norwegian Copyright Act, such as trademarks, patents and design rights, but this does not entail an impediment to use information where the licensor's logo has been permanently integrated into the information or to attribute the origin of the information in accordance with the article below relating to attribution.
If the licensor has made available information not covered by the licence according to the above list, the licensee must cease all use of the information under the licence, and erase the information as soon as he or she becomes aware of or should have understood that the information is not covered by the licence.
4. Effects of breach of the licence
The licence is subject to the licensee's compliance with the terms and conditions of this licence. In the event that the licensee commits a breach of this licence, this will entail that the licensee's right to use the information will be revoked immediately without further notice. In case of such a breach, the licensee must immediately and without further notice take measures to cause the infringement to end. Because the right to use the information has been terminated, the licensee must cease all use of the information by virtue of the licence.
5. Attribution
The licensee shall attribute the licensor as specified by the licensor and include a reference to this licence. To the extent practically possible, the licensee shall provide a link to both this licence and the source of the information.
If the licensor has not specified how attributions shall be made, the licensee shall normally state the following: «Contains data under the Norwegian licence for Open Government data (NLOD) distributed by [name of licensor]».
If the licensor has specified that the information shall only be available under a specific version of this licence, cf. Section 10, the licensee shall also state this.
If the information has been changed, the licensee must clearly indicate that changes have been made by the licensee.
6. Proper use
The licensee shall not use the information in a manner that appears misleading nor present the information in a distorted or incorrect manner.
Neither the licensor's nor other contributors' names or trademarks must be used to support, recommend or market the licensee or any products or services using the information.
7. Disclaimer of liability
The information is licensed «as is». The information may contain errors and omissions. The licensor provides no warranties, including relating to the content and relevance of the information.
The licensor disclaims any liability for errors and defects associated with the information to the maximum extent permitted by law.
The licensor shall not be liable for direct or indirect losses as a result of use of the information or in connection with copying or further distribution of the information.
8. Guarantees regarding data quality and accessibility
This licence does not prevent the licensor from issuing supplementary statements regarding expected or intended data quality and accessibility. Such statements shall be regarded as indicative in nature and not binding on the part of the licensor. The disclaimers in Section 7 also apply in full for such indicative statements. Based on separate agreement, the licensor may provide guarantees and distribute the information on terms and conditions different from those set forth in this licence.
9. Licence compatibility
If the licensee is to distribute an adapted or combined work based on information covered by this licence and some other work licensed under a licence compatible by contract, such distribution may be based on an appropriate licence compatible by contract, cf. the list below.
A licence compatible by contract shall mean the following licences:
* for all information: Open Government Licence (version 1.0),
* for those parts of the information which do not constitute databases: Creative Commons Attribution Licence (generic version 1.0, 2.0, 2.5 and unported version 3.0) and Creative Commons Navngivelse 3.0 Norge,
* for those parts of the information which constitute databases: Open Data Commons Attribution License (version 1.0).
This provision does not prevent other licences from being compatible with this licence based on their content.
10. New versions of the licence
The licensee may choose to use the information covered by this licence under any new versions of the Norwegian licence for Open Government data (NLOD) issued by the responsible ministry (currently the Ministry of Government Administration, Reform and Church Affairs) when these versions are final and official, unless the licensor when making the information available under this licence specifically has stated that solely version 1.0 of this licence may be used.
11. Governing law and legal venue
This licence, including its formation, and any disputes and claims arising in connection with or relating to this licence, shall be regulated by Norwegian law. The legal venue shall be the licensor's ordinary legal venue. The licensor may, with regard to intellectual proprietary rights, choose to pursue a claim at other competent legal venues and/or based on the laws of the country where the intellectual property rights are sought enforced.
Norwegian Licence for Open Government Data (NLOD) 2.0
Preface of licence
This licence grants you the right to copy, use and distribute information, provided you acknowledge the contributors and comply with the terms and conditions stipulated in this licence. By using information made available under this licence, you accept the terms and conditions set forth in this licence. As set out in Section 7, the licensor disclaims any and all liability for the quality of the information and what the information is used for.
This licence shall not impose any limitations on the rights or freedoms of the licensee under the Norwegian Freedom of Information Act or any other legislation granting the general public a right of access to public sector information, or that follow from exemptions or limitations stipulated in the Norwegian Copyright Act. Further, the licence shall not impose any limitations on the licensee’s freedom of expression recognized by law.
1. Definitions
«Database» shall mean a database or similar protected under Section 43 of the Norwegian Copyright Act.
«Information» shall mean texts, images, recordings, data sets or other works protected under Section 1 of the Norwegian Copyright Act, or which are protected under provisions addressing what is referred to as «neighbouring rights» in Chapter 5 of the Norwegian Copyright Act (including databases and photographs), and which are distributed under this licence.
«Copy» shall mean reproduction in any form.
«Licensee» and «you» shall mean natural or legal persons using information under this licence.
«Licensor» shall mean the natural or legal person that makes information available under this licence.
«Distribute» shall mean any actions whereby information is made available, including to distribute, transfer, communicate, disperse, show, perform, sell, lend and rent.
«Use» shall mean one or more actions relevant to copyright law requiring permission from the owner of the copyright.
2. Licence
The licensee, subject to the limitations that follow from this licence, may use the information for any purpose and in all contexts, by:
* copying the information and distributing the information to others,
* modifying the information and/or combining the information with other information, and
* copying and distributing such changed or combined information.
This is a non-exclusive, free, perpetual and worldwide licence. The information may be used in any medium and format known today and/or which will become known in the future. The Licensee shall not sub-license or transfer this licence.
3. Exemptions
The licence does not apply to and therefore does not grant a right to use:
* information which contains personal data covered by the Norwegian Personal Data Act unless there is a legitimate basis for the disclosure and further processing of the personal data
* information distributed in violation of a statutory obligation to observe confidentiality
* information excluded from public disclosure pursuant to law, including information deemed sensitive under the Norwegian National Security Act
* information subject to third party rights which the licensor is not authorised to license to the licensee
* information protected by intellectual property rights other than copyright and neighbouring rights in accordance with Chapter 5 of the Norwegian Copyright Act, such as trademarks, patents and design rights, but this does not entail an impediment to use information where the licensor’s logo has been permanently integrated into the information or to attribute the origin of the information in accordance with the article below relating to attribution.
If the licensor has made available information not covered by the licence according to the above list, the licensee must cease all use of the information under the licence, and erase the information as soon as he or she becomes aware of or should have understood that the information is not covered by the licence.
4. Effects of breach of the licence
The licence is subject to the licensee’s compliance with the terms and conditions of this licence. In the event that the licensee commits a breach of this licence, this will entail that the licensee’s right to use the information will be revoked immediately without further notice. In case of such a breach, the licensee must immediately and without further notice take measures to cause the infringement to end. Because the right to use the information has been terminated, the licensee must cease all use of the information by virtue of the licence.
5. Attribution
The licensee shall attribute the licensor as specified by the licensor and include a reference to this licence. To the extent practically possible, the licensee shall provide a link to both this licence and the source of the information.
If the licensor has not specified how attributions shall be made, the licensee shall normally state the following: «Contains data under the Norwegian licence for Open Government data (NLOD) distributed by [name of licensor]».
If the licensor has specified that the information shall only be available under a specific version of this licence, cf. Section 10, the licensee shall also state this.
If the information has been changed, the licensee must clearly indicate that changes have been made by the licensee.
6. Proper use
The licensee shall not use the information in a manner that appears misleading nor present the information in a distorted or incorrect manner.
Neither the licensor’s nor other contributors' names or trademarks must be used to support, recommend or market the licensee or any products or services using the information.
7. Disclaimer of liability
The information is licensed «as is». The information may contain errors and omissions. The licensor provides no warranties, including relating to the content and relevance of the information.
The licensor disclaims any liability for errors and defects associated with the information to the maximum extent permitted by law.
The licensor shall not be liable for direct or indirect losses as a result of use of the information or in connection with copying or further distribution of the information.
8. Guarantees regarding data quality and accessibility
This licence does not prevent the licensor from issuing supplementary statements regarding expected or intended data quality and accessibility. Such statements shall be regarded as indicative in nature and not binding on the part of the licensor. The disclaimers in Section 7 also apply in full for such indicative statements. Based on separate agreement, the licensor may provide guarantees and distribute the information on terms and conditions different from those set forth in this licence.
9. Licence compatibility
If the licensee is to distribute an adapted or combined work based on information covered by this licence and some other work licensed under a licence compatible by contract, such distribution may be based on an appropriate licence compatible by contract, cf. the list below.
A licence compatible by contract shall mean the following licences:
* for all information: Open Government Licence (version 1.0, 2.0 and 3.0), Creative Commons Attribution Licence (international version 4.0 and norwegian version 4.0),
* for those parts of the information which do not constitute databases: Creative Commons Attribution Licence (generic version 1.0, 2.0, 2.5 and unported version 3.0) and Creative Commons Navngivelse 3.0 Norge,
* for those parts of the information which constitute databases: Open Data Commons Attribution License (version 1.0).
This provision does not prevent other licences from being compatible with this licence based on their content.
10. New versions of the licence
The licensee may choose to use the information covered by this licence under any new versions of the Norwegian licence for Open Government data (NLOD) issued by the responsible ministry (currently the Ministry of Local Government and Modernisation) when these versions are final and official, unless the licensor when making the information available under this licence specifically has stated that solely version 2.0 of this licence may be used.
11. Governing law and legal venue
This licence, including its formation, and any disputes and claims arising in connection with or relating to this licence, shall be regulated by Norwegian law. The legal venue shall be the licensor’s ordinary legal venue. The licensor may, with regard to intellectual proprietary rights, choose to pursue a claim at other competent legal venues and/or based on the laws of the country where the intellectual property rights are sought enforced.
NO LIMIT PUBLIC LICENSE
Version 0, June 2012
Gilles LAMIRAL
La Billais
35580 Baulon
France
NO LIMIT PUBLIC LICENSE
Terms and conditions for copying, distribution, modification
or anything else.
0. No limit to do anything with this work and this license.
Node's license follows:
====
Copyright Joyent, Inc. and other Node contributors. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal in the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
IN THE SOFTWARE.
====
This license applies to all parts of Node that are not externally
maintained libraries. The externally maintained libraries used by Node are:
- V8, located at deps/v8. V8's license follows:
"""
This license applies to all parts of V8 that are not externally
maintained libraries. The externally maintained libraries used by V8
are:
- PCRE test suite, located in
test/mjsunit/third_party/regexp-pcre.js. This is based on the
test suite from PCRE-7.3, which is copyrighted by the University
of Cambridge and Google, Inc. The copyright notice and license
are embedded in regexp-pcre.js.
- Layout tests, located in test/mjsunit/third_party. These are
based on layout tests from webkit.org which are copyrighted by
Apple Computer, Inc. and released under a 3-clause BSD license.
- Strongtalk assembler, the basis of the files assembler-arm-inl.h,
assembler-arm.cc, assembler-arm.h, assembler-ia32-inl.h,
assembler-ia32.cc, assembler-ia32.h, assembler-x64-inl.h,
assembler-x64.cc, assembler-x64.h, assembler-mips-inl.h,
assembler-mips.cc, assembler-mips.h, assembler.cc and assembler.h.
This code is copyrighted by Sun Microsystems Inc. and released
under a 3-clause BSD license.
- Valgrind client API header, located at third_party/valgrind/valgrind.h
This is release under the BSD license.
These libraries have their own licenses; we recommend you read them,
as their terms may differ from the terms below.
Copyright 2006-2012, the V8 project authors. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
"""
- C-Ares, an asynchronous DNS client, located at deps/cares. C-Ares license
follows:
"""
/* Copyright 1998 by the Massachusetts Institute of Technology.
*
* Permission to use, copy, modify, and distribute this
* software and its documentation for any purpose and without
* fee is hereby granted, provided that the above copyright
* notice appear in all copies and that both that copyright
* notice and this permission notice appear in supporting
* documentation, and that the name of M.I.T. not be used in
* advertising or publicity pertaining to distribution of the
* software without specific, written prior permission.
* M.I.T. makes no representations about the suitability of
* this software for any purpose. It is provided "as is"
* without express or implied warranty.
"""
- OpenSSL located at deps/openssl. OpenSSL is cryptographic software written
by Eric Young (eay@cryptsoft.com) to provide SSL/TLS encryption. OpenSSL's
license follows:
"""
/* ====================================================================
* Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* distribution.
*
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
*
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* openssl-core@openssl.org.
*
* 5. Products derived from this software may not be called "OpenSSL"
* nor may "OpenSSL" appear in their names without prior written
* permission of the OpenSSL Project.
*
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/)"
*
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
* PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
* OF THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This product includes cryptographic software written by Eric Young
* (eay@cryptsoft.com). This product includes software written by Tim
* Hudson (tjh@cryptsoft.com).
*
*/
"""
- HTTP Parser, located at deps/http_parser. HTTP Parser's license follows:
"""
http_parser.c is based on src/http/ngx_http_parse.c from NGINX copyright
Igor Sysoev.
Additional changes are licensed under the same terms as NGINX and
copyright Joyent, Inc. and other Node contributors. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal in the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
IN THE SOFTWARE.
"""
- Closure Linter is located at tools/closure_linter. Closure's license
follows:
"""
# Copyright (c) 2007, Google Inc.
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without
# modification, are permitted provided that the following conditions are
# met:
#
# * Redistributions of source code must retain the above copyright
# notice, this list of conditions and the following disclaimer.
# * Redistributions in binary form must reproduce the above
# copyright notice, this list of conditions and the following disclaimer
# in the documentation and/or other materials provided with the
# distribution.
# * Neither the name of Google Inc. nor the names of its
# contributors may be used to endorse or promote products derived from
# this software without specific prior written permission.
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
# A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
# OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
# SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
# LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
# DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
# THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
# (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
# OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
"""
- tools/cpplint.py is a C++ linter. Its license follows:
"""
# Copyright (c) 2009 Google Inc. All rights reserved.
#
# Redistribution and use in source and binary forms, with or without
# modification, are permitted provided that the following conditions are
# met:
#
# * Redistributions of source code must retain the above copyright
# notice, this list of conditions and the following disclaimer.
# * Redistributions in binary form must reproduce the above
# copyright notice, this list of conditions and the following disclaimer
# in the documentation and/or other materials provided with the
# distribution.
# * Neither the name of Google Inc. nor the names of its
# contributors may be used to endorse or promote products derived from
# this software without specific prior written permission.
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
# A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
# OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
# SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
# LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
# DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
# THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
# (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
# OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
"""
- lib/punycode.js is copyright 2011 Mathias Bynens <http://mathiasbynens.be/>
and released under the MIT license.
"""
* Punycode.js <http://mths.be/punycode>
* Copyright 2011 Mathias Bynens <http://mathiasbynens.be/>
* Available under MIT license <http://mths.be/mit>
"""
- tools/gyp. GYP is a meta-build system. GYP's license follows:
"""
Copyright (c) 2009 Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer
in the documentation and/or other materials provided with the
distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
"""
- Zlib at deps/zlib. zlib's license follows:
"""
/* zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.8, April 28th, 2013
Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
*/
"""
- npm is a package manager program located at deps/npm.
npm's license follows:
"""
Copyright (c) Isaac Z. Schlueter
All rights reserved.
npm is released under the Artistic 2.0 License.
The text of the License follows:
--------
The Artistic License 2.0
Copyright (c) 2000-2006, The Perl Foundation.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
This license establishes the terms under which a given free software
Package may be copied, modified, distributed, and/or redistributed.
The intent is that the Copyright Holder maintains some artistic
control over the development of that Package while still keeping the
Package available as open source and free software.
You are always permitted to make arrangements wholly outside of this
license directly with the Copyright Holder of a given Package. If the
terms of this license do not permit the full use that you propose to
make of the Package, you should contact the Copyright Holder and seek
a different licensing arrangement.
Definitions
"Copyright Holder" means the individual(s) or organization(s)
named in the copyright notice for the entire Package.
"Contributor" means any party that has contributed code or other
material to the Package, in accordance with the Copyright Holder's
procedures.
"You" and "your" means any person who would like to copy,
distribute, or modify the Package.
"Package" means the collection of files distributed by the
Copyright Holder, and derivatives of that collection and/or of
those files. A given Package may consist of either the Standard
Version, or a Modified Version.
"Distribute" means providing a copy of the Package or making it
accessible to anyone else, or in the case of a company or
organization, to others outside of your company or organization.
"Distributor Fee" means any fee that you charge for Distributing
this Package or providing support for this Package to another
party. It does not mean licensing fees.
"Standard Version" refers to the Package if it has not been
modified, or has been modified only in ways explicitly requested
by the Copyright Holder.
"Modified Version" means the Package, if it has been changed, and
such changes were not explicitly requested by the Copyright
Holder.
"Original License" means this Artistic License as Distributed with
the Standard Version of the Package, in its current version or as
it may be modified by The Perl Foundation in the future.
"Source" form means the source code, documentation source, and
configuration files for the Package.
"Compiled" form means the compiled bytecode, object code, binary,
or any other form resulting from mechanical transformation or
translation of the Source form.
Permission for Use and Modification Without Distribution
(1) You are permitted to use the Standard Version and create and use
Modified Versions for any purpose without restriction, provided that
you do not Distribute the Modified Version.
Permissions for Redistribution of the Standard Version
(2) You may Distribute verbatim copies of the Source form of the
Standard Version of this Package in any medium without restriction,
either gratis or for a Distributor Fee, provided that you duplicate
all of the original copyright notices and associated disclaimers. At
your discretion, such verbatim copies may or may not include a
Compiled form of the Package.
(3) You may apply any bug fixes, portability changes, and other
modifications made available from the Copyright Holder. The resulting
Package will still be considered the Standard Version, and as such
will be subject to the Original License.
Distribution of Modified Versions of the Package as Source
(4) You may Distribute your Modified Version as Source (either gratis
or for a Distributor Fee, and with or without a Compiled form of the
Modified Version) provided that you clearly document how it differs
from the Standard Version, including, but not limited to, documenting
any non-standard features, executables, or modules, and provided that
you do at least ONE of the following:
(a) make the Modified Version available to the Copyright Holder
of the Standard Version, under the Original License, so that the
Copyright Holder may include your modifications in the Standard
Version.
(b) ensure that installation of your Modified Version does not
prevent the user installing or running the Standard Version. In
addition, the Modified Version must bear a name that is different
from the name of the Standard Version.
(c) allow anyone who receives a copy of the Modified Version to
make the Source form of the Modified Version available to others
under
(i) the Original License or
(ii) a license that permits the licensee to freely copy,
modify and redistribute the Modified Version using the same
licensing terms that apply to the copy that the licensee
received, and requires that the Source form of the Modified
Version, and of any works derived from it, be made freely
available in that license fees are prohibited but Distributor
Fees are allowed.
Distribution of Compiled Forms of the Standard Version
or Modified Versions without the Source
(5) You may Distribute Compiled forms of the Standard Version without
the Source, provided that you include complete instructions on how to
get the Source of the Standard Version. Such instructions must be
valid at the time of your distribution. If these instructions, at any
time while you are carrying out such distribution, become invalid, you
must provide new instructions on demand or cease further distribution.
If you provide valid instructions or cease distribution within thirty
days after you become aware that the instructions are invalid, then
you do not forfeit any of your rights under this license.
(6) You may Distribute a Modified Version in Compiled form without
the Source, provided that you comply with Section 4 with respect to
the Source of the Modified Version.
Aggregating or Linking the Package
(7) You may aggregate the Package (either the Standard Version or
Modified Version) with other packages and Distribute the resulting
aggregation provided that you do not charge a licensing fee for the
Package. Distributor Fees are permitted, and licensing fees for other
components in the aggregation are permitted. The terms of this license
apply to the use and Distribution of the Standard or Modified Versions
as included in the aggregation.
(8) You are permitted to link Modified and Standard Versions with
other works, to embed the Package in a larger work of your own, or to
build stand-alone binary or bytecode versions of applications that
include the Package, and Distribute the result without restriction,
provided the result does not expose a direct interface to the Package.
Items That are Not Considered Part of a Modified Version
(9) Works (including, but not limited to, modules and scripts) that
merely extend or make use of the Package, do not, by themselves, cause
the Package to be a Modified Version. In addition, such works are not
considered parts of the Package itself, and are not subject to the
terms of this license.
General Provisions
(10) Any use, modification, and distribution of the Standard or
Modified Versions is governed by this Artistic License. By using,
modifying or distributing the Package, you accept this license. Do not
use, modify, or distribute the Package, if you do not accept this
license.
(11) If your Modified Version has been derived from a Modified
Version made by someone other than you, you are nevertheless required
to ensure that your Modified Version complies with the requirements of
this license.
(12) This license does not grant you the right to use any trademark,
service mark, tradename, or logo of the Copyright Holder.
(13) This license includes the non-exclusive, worldwide,
free-of-charge patent license to make, have made, use, offer to sell,
sell, import and otherwise transfer the Package with respect to any
patent claims licensable by the Copyright Holder that are necessarily
infringed by the Package. If you institute patent litigation
(including a cross-claim or counterclaim) against any party alleging
that the Package constitutes direct or contributory patent
infringement, then this Artistic License to you shall terminate on the
date that such litigation is filed.
(14) Disclaimer of Warranty:
THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS
IS' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT ARE DISCLAIMED TO THE EXTENT PERMITTED BY YOUR LOCAL
LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER OR CONTRIBUTOR WILL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
--------
"Node.js" and "node" trademark Joyent, Inc. npm is not officially
part of the Node.js project, and is neither owned by nor
officially affiliated with Joyent, Inc.
Packages published in the npm registry (other than the Software and
its included dependencies) are not part of npm itself, are the sole
property of their respective maintainers, and are not covered by
this license.
"npm Logo" created by Mathias Pettersson and Brian Hammond,
used with permission.
"Gubblebum Blocky" font
Copyright (c) by Tjarda Koster, http://jelloween.deviantart.com
included for use in the npm website and documentation,
used with permission.
This program uses several Node modules contained in the node_modules/
subdirectory, according to the terms of their respective licenses.
"""
- tools/doc/node_modules/marked. Marked is a Markdown parser. Marked's
license follows:
"""
Copyright (c) 2011-2012, Christopher Jeffrey (https://github.com/chjj/)
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
"""
- test/gc/node_modules/weak. Node-weak is a node.js addon that provides garbage
collector notifications. Node-weak's license follows:
"""
Copyright (c) 2011, Ben Noordhuis <info@bnoordhuis.nl>
Permission to use, copy, modify, and/or distribute this software for any
purpose with or without fee is hereby granted, provided that the above
copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
"""
- src/ngx-queue.h. ngx-queue.h is taken from the nginx source tree. nginx's
license follows:
"""
Copyright (C) 2002-2012 Igor Sysoev
Copyright (C) 2011,2012 Nginx, Inc.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY AUTHOR AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
"""
- wrk is located at tools/wrk. wrk's license follows:
"""
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Nokia Qt LGPL Exception version 1.1
As an additional permission to the GNU Lesser General Public License version
2.1, the object code form of a "work that uses the Library" may incorporate
material from a header file that is part of the Library. You may distribute
such object code under terms of your choice, provided that:
(i) the header files of the Library have not been modified; and
(ii) the incorporated material is limited to numerical parameters, data
structure layouts, accessors, macros, inline functions and templates; and
(iii) you comply with the terms of Section 6 of the GNU Lesser
General Public License version 2.1.
Moreover, you may apply this exception to a modified version of the Library,
provided that such modification does not involve copying material from the
Library into the modified Library's header files unless such material is limited
to
(i) numerical parameters;
(ii) data structure layouts;
(iii) accessors; and
(iv) small macros, templates and inline functions of five lines or less in length.
Furthermore, you are not required to apply this additional permission to a
modified version of the Library.
Nokia Open Source License (NOKOS License) Version 1.0a
1. DEFINITIONS.
"Affiliates" of a party shall mean an entity
a) which is directly or indirectly controlling such party;
b) which is under the same direct or indirect ownership or control as such party; or
c) which is directly or indirectly owned or controlled by such party.
For these purposes, an entity shall be treated as being controlled by another if that
other entity has fifty percent (50%) or more of the votes in such entity, is able to
direct its affairs and/or to control the composition of its board of directors or
equivalent body.
"Commercial Use" shall mean distribution or otherwise making the Covered Software
available to a third party.
''Contributor'' shall mean each entity that creates or contributes to the creation of
Modifications.
''Contributor Version'' shall mean in case of any Contributor the combination of the
Original Software, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor and in case of Nokia in addition the Original
Software in any form, including the form as Exceutable.
''Covered Software'' shall mean the Original Software or Modifications or the
combination of the Original Software and Modifications, in each case including
portions thereof.
''Electronic Distribution Mechanism'' shall mean a mechanism generally accepted in
the software development community for the electronic transfer of data.
''Executable'' shall mean Covered Software in any form other than Source Code.
''Nokia'' shall mean Nokia Corporation and its Affiliates.
''Larger Work'' shall mean a work, which combines Covered Software or portions
thereof with code not governed by the terms of this License.
''License'' shall mean this document.
"Licensable" shall mean having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently acquired, any and all of the
rights conveyed herein.
''Modifications'' shall mean any addition to or deletion from the substance or
structure of either the Original Software or any previous Modifications. When Covered
Software is released as a series of files, a Modification is:
a) Any addition to or deletion from the contents of a file containing Original
Software or previous Modifications.
b) Any new file that contains any part of the Original Software or previous
Modifications.
''Original Software'' shall mean the Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Software, and
which, at the time of its release under this License is not already Covered Software
governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned or hereafter acquired,
including without limitation, method, process, and apparatus claims, in any patent
Licensable by grantor.
''Source Code'' shall mean the preferred form of the Covered Software for making
modifications to it, including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an
Executable, or source code differential comparisons against either the Original
Software or another well known, available Covered Software of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no charge.
"You'' (or "Your") shall mean an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version of
this License issued under Section 6.1. For legal entities, "You'' includes Affiliates
of such entity.
2. SOURCE CODE LICENSE.
2.1 Nokia Grant.
Subject to the terms of this License, Nokia hereby grants You a world-wide, royalty-
free, non-exclusive license, subject to third party intellectual property claims:
a) under copyrights Licensable by Nokia to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or portions thereof) with or without
Modifications, and/or as part of a Larger Work;
b) and under Patents Claims necessarily infringed by the making, using or selling of
Original Software, to make, have made, use, practice, sell, and offer for sale,
and/or otherwise dispose of the Original Software (or portions thereof).
c) The licenses granted in this Section 2.1(a) and (b) are effective on the date
Nokia first distributes Original Software under the terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code
that You delete from the Original Software; 2) separate from the Original Software;
or 3) for infringements caused by: i) the modification of the Original Software or
ii) the combination of the Original Software with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license
a) under copyrights Licensable by Contributor, to use, reproduce, modify, display,
perform, sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as Covered
Software and/or as part of a Larger Work; and
b) under Patent Claims necessarily infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with its
Contributor Version (or portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of such combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first makes Commercial Use of the Covered Software.
d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any
code that Contributor has deleted from the Contributor Version; 2) separate from the
Contributor Version; 3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made by that Contributor
with other software (except as part of the Contributor Version) or other devices; or
4) under Patent Claims infringed by Covered Software in the absence of Modifications
made by that Contributor.
3. DISTRIBUTION OBLIGATIONS.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed by the
terms of this License, including without limitation Section 2.2. The Source Code
version of Covered Software may be distributed only under the terms of this License
or a future version of this License released under Section 6.1, and You must include
a copy of this License with every copy of the Source Code You distribute. You may not
offer or impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder. However, You
may include an additional document offering the additional rights described in
Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made available
in Source Code form under the terms of this License either on the same media as an
Executable version or via an accepted Electronic Distribution Mechanism to anyone to
whom you made an Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12) months after
the date it initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such recipients.
You are responsible for ensuring that the Source Code version remains available even
if the Electronic Distribution Mechanism is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Software to which You contribute to contain a file
documenting the changes You made to create that Covered Software and the date of any
change. You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Software provided by Nokia and including the
name of Nokia in (a) the Source Code, and (b) in any notice in an Executable version
or related documentation in which You describe the origin or ownership of the Covered
Software.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor under
Sections 2.1 or 2.2, Contributor must include a text file with the Source Code
distribution titled "LEGAL'' which describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact. If Contributor
obtains such knowledge after the Modification is made available as described in
Section 3.2, Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated to inform those who
received the Covered Software that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above,
Contributor believes that Contributor's Modifications are Contributor's original
creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is
not possible to put such notice in a particular Source Code file due to its
structure, then You must include such notice in a location (such as a relevant
directory) where a user would be likely to look for such a notice. If You created one
or more Modification(s) You may add your name as a Contributor to the notice
described in Exhibit A. You must also duplicate this License in any documentation for
the Source Code where You describe recipients' rights or ownership rights relating to
Covered Software. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on behalf of Nokia
or any Contributor. You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You alone, and You hereby
agree to indemnify Nokia and every Contributor for any liability incurred by Nokia or
such Contributor as a result of warranty, support, indemnity or liability terms You
offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Software in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Software, and if You include a notice
stating that the Source Code version of the Covered Software is available under the
terms of this License, including a description of how and where You have fulfilled
the obligations of Section 3.2. The notice must be conspicuously included in any
notice in an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Software. You may distribute the
Executable version of Covered Software or ownership rights under a license of Your
choice, which may contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the Executable
version does not attempt to limit or alter the recipient's rights in the Source Code
version from the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by Nokia or any
Contributor. You hereby agree to indemnify Nokia and every Contributor for any
liability incurred by Nokia or such Contributor as a result of any such terms You
offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Software with other software not
governed by the terms of this License and distribute the Larger Work as a single
product. In such a case, You must make sure the requirements of this License are
fulfilled for the Covered Software.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Software due to statute, judicial order, or
regulation then You must: (a) comply with the terms of this License to the maximum
extent possible; and (b) describe the limitations and the code they affect. Such
description must be included in the LEGAL file described in Section 3.4 and must be
included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which Nokia has attached the notice in Exhibit A and
to related Covered Software.
6. VERSIONS OF THE LICENSE.
6.1 New Versions.
Nokia may publish revised and/or new versions of the License from time to time. Each
version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Software has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Software under the terms of any subsequent version of the
License published by Nokia. No one other than Nokia has the right to modify the terms
applicable to Covered Software created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS OR AFFILIATES OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically if You
fail to comply with terms herein and fail to cure such breach within 30 days of
becoming aware of the breach. All sublicenses to the Covered Software which are
properly granted shall survive any termination of this License. Provisions which, by
their nature, must remain in effect beyond the termination of this License shall
survive.
8.2 If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Nokia or a Contributor (Nokia or Contributor
against whom You file such action is referred to as "Participant") alleging that:
a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under Sections 2.1
and/or 2.2 of this License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice You either: (i) agree
in writing to pay Participant a mutually agreeable reasonable royalty for Your past
and future use of Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against such Participant. If
within 60 days of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2
automatically terminate at the expiration of the 60 day notice period specified
above.
b) any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted to You
by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the
date You first made, used, sold, distributed, or had made, Modifications made by that
Participant.
8.3 If You assert a patent infringement claim against Participant alleging that such
Participant's Contributor Version directly or indirectly infringes any patent where
such claim is resolved (such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the licenses granted by
such Participant under Sections 2.1 or 2.2 shall be taken into account in determining
the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by
You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A
PARTY's, ITS EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S.
$50. Nothing contained in this License shall prejudice the statutory rights of any
party dealing as a consumer.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. All
rights in the Covered Software not expressly granted under this License are reserved.
Nothing in this License shall grant You any rights to use any of the trademarks of
Nokia or any of its Affiliates, even if any of such trademarks are included in any
part of Covered Software and/or documentation to it.
This License is governed by the laws of Finland excluding its conflict-of-law
provisions. All disputes arising from or relating to this Agreement shall be settled
by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The
arbitration procedure shall take place in Helsinki, Finland in the English language.
If any part of this Agreement is found void and unenforceable, it will not affect the
validity of the balance of the Agreement, which shall remain valid and enforceable
according to its terms.
11. RESPONSIBILITY FOR CLAIMS.
As between Nokia and the Contributors, each party is responsible for claims and
damages arising, directly or indirectly, out of its utilization of rights under this
License and You agree to work with Nokia and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or shall be deemed
to constitute any admission of liability.
EXHIBIT A
The contents of this file are subject to the NOKOS License Version 1.0 (the
"License"); you may not use this file except in compliance with the License.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.
The Original Software is
.
Copyright © <year> Nokia and others. All Rights Reserved.
NON-VIOLENT PUBLIC LICENSE v4
Preamble
The Non-Violent Public license is a freedom-respecting sharealike license
for both the author of a work as well as those subject to a work. It aims
to protect the basic rights of human beings from exploitation and the earth
from plunder. It aims to ensure a copyrighted work is forever available
for public use, modification, and redistribution under the same terms so
long as the work is not used for harm. For more information about the NPL
refer to the official webpage
Official Webpage: https://thufie.lain.haus/NPL.html
Terms and Conditions
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
NON-VIOLENT PUBLIC LICENSE v4 ("LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN
AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY
EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS LICENSE, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE
MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING THE TERMS AND
CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS LICENSE.
1. DEFINITIONS
a. "Act of War" means any action of one country against any group
either with an intention to provoke a conflict or an action that
occurs during a declared war or during armed conflict between
military forces of any origin. This includes but is not limited
to enforcing sanctions or sieges, supplying armed forces,
or profiting from the manufacture of tools or weaponry used in
military conflict.
b. "Adaptation" means a work based upon the Work, or upon the
Work and other pre-existing works, such as a translation,
adaptation, derivative work, arrangement of music or other
alterations of a literary or artistic work, or phonogram or
performance and includes cinematographic adaptations or any
other form in which the Work may be recast, transformed, or
adapted including in any form recognizably derived from the
original, except that a work that constitutes a Collection will
not be considered an Adaptation for the purpose of this License.
For the avoidance of doubt, where the Work is a musical work,
performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be
considered an Adaptation for the purpose of this License.
c. "Bodily Harm" means any physical hurt or injury to a person that
interferes with the health or comfort of the person and that is more
more than merely transient or trifling in nature.
d. "Collection" means a collection of literary or artistic
works, such as encyclopedias and anthologies, or performances,
phonograms or broadcasts, or other works or subject matter other
than works listed in Section 1(i) below, which, by reason of the
selection and arrangement of their contents, constitute
intellectual creations, in which the Work is included in its
entirety in unmodified form along with one or more other
contributions, each constituting separate and independent works
in themselves, which together are assembled into a collective
whole. A work that constitutes a Collection will not be
considered an Adaptation (as defined above) for the purposes of
this License.
e. "Distribute" means to make available to the public the
original and copies of the Work or Adaptation, as appropriate,
through sale, gift or any other transfer of possession or
ownership.
f. "Incarceration" means confinement in a jail, prison, or any
other place where individuals of any kind are held against
either their will or the will of their legal guardians.
g. "Licensor" means the individual, individuals, entity or
entities that offer(s) the Work under the terms of this License.
h. "Original Author" means, in the case of a literary or
artistic work, the individual, individuals, entity or entities
who created the Work or if no individual or entity can be
identified, the publisher; and in addition (i) in the case of a
performance the actors, singers, musicians, dancers, and other
persons who act, sing, deliver, declaim, play in, interpret or
otherwise perform literary or artistic works or expressions of
folklore; (ii) in the case of a phonogram the producer being the
person or legal entity who first fixes the sounds of a
performance or other sounds; and, (iii) in the case of
broadcasts, the organization that transmits the broadcast.
i. "Work" means the literary and/or artistic work offered under
the terms of this License including without limitation any
production in the literary, scientific and artistic domain,
whatever may be the mode or form of its expression including
digital form, such as a book, pamphlet and other writing; a
lecture, address, sermon or other work of the same nature; a
dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or
without words; a cinematographic work to which are assimilated
works expressed by a process analogous to cinematography; a work
of drawing, painting, architecture, sculpture, engraving or
lithography; a photographic work to which are assimilated works
expressed by a process analogous to photography; a work of
applied art; an illustration, map, plan, sketch or
three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a
phonogram; a compilation of data to the extent it is protected
as a copyrightable work; or a work performed by a variety or
circus performer to the extent it is not otherwise considered a
literary or artistic work.
j. "You" means an individual or entity exercising rights under
this License who has not previously violated the terms of this
License with respect to the Work, or who has received express
permission from the Licensor to exercise rights under this
License despite a previous violation.
k. "Publicly Perform" means to perform public recitations of the
Work and to communicate to the public those public recitations,
by any means or process, including by wire or wireless means or
public digital performances; to make available to the public
Works in such a way that members of the public may access these
Works from a place and at a place individually chosen by them;
to perform the Work to the public by any means or process and
the communication to the public of the performances of the Work,
including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or
images.
l. "Reproduce" means to make copies of the Work by any means
including without limitation by sound or visual recordings and
the right of fixation and reproducing fixations of the Work,
including storage of a protected performance or phonogram in
digital form or other electronic medium.
m. "Software" means any digital Work which, through use of a
third-party piece of Software or through the direct usage of
itself on a computer system, the memory of the computer is
modified dynamically or semi-dynamically. "Software",
secondly, processes or interprets information.
n. "Source Code" means the human-readable form of Software
through which the Original Author and/or Distributor originally
created, derived, and/or modified it.
o. "Surveilling" means the use of the Work to either
overtly or covertly observe and record persons and or their
activities.
p. "Web Service" means the use of a piece of Software to
interpret or modify information that is subsequently and directly
served to users over the Internet.
q. "Discriminate" means the use of a work to differentiate between
humans in a such a way which prioritizes some above others on the
basis of percieved membership within certain groups.
r. "Hate Speech" means communication or any form
of expression which is solely for the purpose of expressing hatred
for some group or advocating a form of Discrimination
(to Discriminate per definition in (q)) between humans.
2. FAIR DEALING RIGHTS
Nothing in this License is intended to reduce, limit, or restrict any
uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright
protection under copyright law or other applicable laws.
3. LICENSE GRANT
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or
more Collections, and to Reproduce the Work as incorporated in
the Collections;
b. to create and Reproduce Adaptations provided that any such
Adaptation, including any translation in any medium, takes
reasonable steps to clearly label, demarcate or otherwise
identify that changes were made to the original Work. For
example, a translation could be marked "The original work was
translated from English to Spanish," or a modification could
indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations. The above
rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right
to make such modifications as are technically necessary to
exercise the rights in other media and formats. Subject to
Section 8(g), all rights not expressly granted by Licensor are
hereby reserved.
4. RESTRICTIONS
The license granted in Section 3 above is expressly made subject to and
limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under
the terms of this License. You must include a copy of, or the
Uniform Resource Identifier (URI) for, this License with every
copy of the Work You Distribute or Publicly Perform. You may not
offer or impose any terms on the Work that restrict the terms of
this License or the ability of the recipient of the Work to
exercise the rights granted to that recipient under the terms of
the License. You may not sublicense the Work. You must keep
intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You
Distribute or Publicly Perform. When You Distribute or Publicly
Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of
the Work from You to exercise the rights granted to that
recipient under the terms of the License. This Section 4(a)
applies to the Work as incorporated in a Collection, but this
does not require the Collection apart from the Work itself to be
made subject to the terms of this License. If You create a
Collection, upon notice from any Licensor You must, to the
extent practicable, remove from the Collection any credit as
required by Section 4(f), as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the
extent practicable, remove from the Adaptation any credit as
required by Section 4(f), as requested.
b. If the Work meets the definition of Software, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code of
the Work, to any recipients upon request.
c. If the Work is used as or for a Web Service, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code to the
Work, to any recipients of the data served or modified by the Web
Service.
d. You may exercise the rights granted in Section 3 for
any purposes only if:
i. You do not use the Work for the purpose of inflicting
Bodily Harm on human beings (subject to criminal
prosecution or otherwise) outside of providing medical aid.
ii.You do not use the Work for the purpose of Surveilling
or tracking individuals for financial gain.
iii. You do not use the Work in an Act of War.
iv. You do not use the Work for the purpose of supporting
or profiting from an Act of War.
v. You do not use the Work for the purpose of Incarceration.
vi. You do not use the Work for the purpose of extracting
oil, gas, or coal.
vii. You do not use the Work for the purpose of
expediting, coordinating, or facilitating paid work
undertaken by individuals under the age of 12 years.
viii. You do not use the Work to either Discriminate or
spread Hate Speech on the basis of sex, sexual orientation,
gender identity, race, age, disability, color, national origin,
religion, or lower economic status.
e. If You Distribute, or Publicly Perform the Work or any
Adaptations or Collections, You must, unless a request has been
made pursuant to Section 4(a), keep intact all copyright notices
for the Work and provide, reasonable to the medium or means You
are utilizing: (i) the name of the Original Author (or
pseudonym, if applicable) if supplied, and/or if the Original
Author and/or Licensor designate another party or parties (e.g.,
a sponsor institute, publishing entity, journal) for attribution
("Attribution Parties") in Licensor!s copyright notice, terms of
service or by other reasonable means, the name of such party or
parties; (ii) the title of the Work if supplied; (iii) to the
extent reasonably practicable, the URI, if any, that Licensor
specifies to be associated with the Work, unless such URI does
not refer to the copyright notice or licensing information for
the Work; and, (iv) consistent with Section 3(b), in the case of
an Adaptation, a credit identifying the use of the Work in the
Adaptation (e.g., "French translation of the Work by Original
Author," or "Screenplay based on original Work by Original
Author"). The credit required by this Section 4(e) may be
implemented in any reasonable manner; provided, however, that in
the case of an Adaptation or Collection, at a minimum such credit
will appear, if a credit for all contributing authors of the
Adaptation or Collection appears, then as part of these credits
and in a manner at least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may
only use the credit required by this Section for the purpose of
attribution in the manner set out above and, by exercising Your
rights under this License, You may not implicitly or explicitly
assert or imply any connection with, sponsorship or endorsement
by the Original Author, Licensor and/or Attribution Parties, as
appropriate, of You or Your use of the Work, without the
separate, express prior written permission of the Original
Author, Licensor and/or Attribution Parties.
f. Except as otherwise agreed in writing by the Licensor or as
may be otherwise permitted by applicable law, if You Reproduce,
Distribute or Publicly Perform the Work either by itself or as
part of any Adaptations or Collections, You must not distort,
mutilate, modify or take other derogatory action in relation to
the Work which would be prejudicial to the Original Author's
honor or reputation. Licensor agrees that in those jurisdictions
(e.g. Japan), in which any exercise of the right granted in
Section 3(b) of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or
other derogatory action prejudicial to the Original Author's
honor and reputation, the Licensor will waive or not assert, as
appropriate, this Section, to the fullest extent permitted by
the applicable national law, to enable You to reasonably
exercise Your right under Section 3(b) of this License (right to
make Adaptations) but not otherwise.
g. Do not make any legal claim against anyone accusing the
Work, with or without changes, alone or with other works,
of infringing any patent claim.
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
YOU.
6. LIMITATION ON LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. TERMINATION
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this
License. Individuals or entities who have received Adaptations
or Collections from You under this License, however, will not
have their licenses terminated provided such individuals or
entities remain in full compliance with those licenses. Sections
1, 2, 5, 6, 7, and 8 will survive any termination of this
License.
b. Subject to the above terms and conditions, the license
granted here is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding the above, Licensor
reserves the right to release the Work under different license
terms or to stop distributing the Work at any time; provided,
however that any such election will not serve to withdraw this
License (or any other license that has been, or is required to
be, granted under the terms of this License), and this License
will continue in full force and effect unless terminated as
stated above.
8. REVISED LICENSE VERSIONS
a. This License may receive future revisions in the original
spirit of the license intended to strengthen This License.
Each version of This License has an incrementing version number.
b. Unless otherwise specified like in Section 8(c) The Licensor
has only granted this current version of This License for The Work.
In this case future revisions do not apply.
c. The Licensor may specify that the latest available
revision of This License be used for The Work by either explicitly
writing so or by suffixing the License URI with a "+" symbol.
d. The Licensor may specify that The Work is also available
under the terms of This License's current revision as well
as specific future revisions. The Licensor may do this by
writing it explicitly or suffixing the License URI with any
additional version numbers each separated by a comma.
9. MISCELLANEOUS
a. Each time You Distribute or Publicly Perform the Work or a
Collection, the Licensor offers to the recipient a license to
the Work on the same terms and conditions as the license granted
to You under this License.
b. Each time You Distribute or Publicly Perform an Adaptation,
Licensor offers to the recipient a license to the original Work
on the same terms and conditions as the license granted to You
under this License.
c. If the Work is classified as Software, each time You Distribute
or Publicly Perform an Adaptation, Licensor offers to the recipient
a copy and/or URI of the corresponding Source Code on the same
terms and conditions as the license granted to You under this License.
d. If the Work is used as a Web Service, each time You Distribute
or Publicly Perform an Adaptation, or serve data derived from the
Software, the Licensor offers to any recipients of the data a copy
and/or URI of the corresponding Source Code on the same terms and
conditions as the license granted to You under this License.
e. If any provision of this License is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License,
and without further action by the parties to this agreement,
such provision shall be reformed to the minimum extent necessary
to make such provision valid and enforceable.
f. No term or provision of this License shall be deemed waived
and no breach consented to unless such waiver or consent shall
be in writing and signed by the party to be charged with such
waiver or consent.
g. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to
the Work not specified here. Licensor shall not be bound by any
additional provisions that may appear in any communication from
You. This License may not be modified without the mutual written
agreement of the Licensor and You.
h. The rights granted under, and the subject matter referenced,
in this License were drafted utilizing the terminology of the
Berne Convention for the Protection of Literary and Artistic
Works (as amended on September 28, 1979), the Rome Convention of
1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
and Phonograms Treaty of 1996 and the Universal Copyright
Convention (as revised on July 24, 1971). These rights and
subject matter take effect in the relevant jurisdiction in which
the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty
provisions in the applicable national law. If the standard suite
of rights granted under applicable copyright law includes
additional rights not granted under this License, such
additional rights are deemed to be included in the License; this
License is not intended to restrict the license of any rights
under applicable law.
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
COOPERATIVE NON-VIOLENT PUBLIC LICENSE ("LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS
LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.TO THE
EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR
GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING
THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS LICENSE.
Definitions
An Act of War is any action of one country against any group either with
an intention to provoke a conflict or an action that occurs during a
declared war or during armed conflict between military forces of any
origin. This includes but is not limited to enforcing sanctions or
sieges, supplying armed forces, or profiting from the manufacture of
tools or weaponry used in military conflict.
An Adaptation is a work based upon the Work, or upon the Work and other
pre-existing works, such as a translation, adaptation, derivative work,
arrangement of music or other alterations of a literary or artistic
work, or phonogram or performance and includes cinematographic
adaptations or any other form in which the Work may be recast,
transformed, or adapted including in any form recognizably derived from
the original, except that a work that constitutes a Collection will not
be considered an Adaptation for the purpose of this License. For the
avoidance of doubt, where the Work is a musical work, performance or
phonogram, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered an Adaptation for the
purpose of this License. In addition, where the Work is designed to
output a neural network the output of the neural network will be
considered an Adaptation for the purpose of this license.
Bodily Harm is any physical hurt or injury to a person that interferes
with the health or comfort of the person and that is more than merely
transient or trifling in nature.
Distribute is to make available to the public the original and copies of
the Work or Adaptation, as appropriate, through sale, gift or any other
transfer of possession or ownership.
Incarceration is Confinement in a jail, prison, or any other place where
individuals of any kind are held against either their will or (if their
will cannot be determined) the will of their legal guardian or
guardians. In the case of a conflict between the will of the individual
and the will of their legal guardian or guardians, the will of the
individual will take precedence.
Licensor is The individual, individuals, entity, or entities that
offer(s) the Work under the terms of this License
Original Author is in the case of a literary or artistic work, the
individual, individuals, entity or entities who created the Work or if
no individual or entity can be identified, the publisher; and in
addition
- in the case of a performance the actors, singers, musicians,
dancers, and other persons who act, sing, deliver, declaim, play in,
interpret or otherwise perform literary or artistic works or
expressions of folklore;
- in the case of a phonogram the producer being the person or legal
entity who first fixes the sounds of a performance or other sounds;
and,
- in the case of broadcasts, the organization that transmits the
broadcast.
Work is the literary and/or artistic work offered under the terms of
this License including without limitation any production in the
literary, scientific and artistic domain, whatever may be the mode or
form of its expression including digital form, such as a book, pamphlet
and other writing; a lecture, address, sermon or other work of the same
nature; a dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or without words;
a cinematographic work to which are assimilated works expressed by a
process analogous to cinematography; a work of drawing, painting,
architecture, sculpture, engraving or lithography; a photographic work
to which are assimilated works expressed by a process analogous to
photography; a work of applied art; an illustration, map, plan, sketch
or three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a phonogram; a
compilation of data to the extent it is protected as a copyrightable
work; or a work performed by a variety or circus performer to the extent
it is not otherwise considered a literary or artistic work.
You means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect
to the Work, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Publicly Perform means to perform public recitations of the Work and to
communicate to the public those public recitations, by any means or
process, including by wire or wireless means or public digital
performances; to make available to the public Works in such a way that
members of the public may access these Works from a place and at a place
individually chosen by them; to perform the Work to the public by any
means or process and the communication to the public of the performances
of the Work, including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or images.
Reproduce is to make copies of the Work by any means including without
limitation by sound or visual recordings and the right of fixation and
reproducing fixations of the Work, including storage of a protected
performance or phonogram in digital form or other electronic medium.
Software is any digital Work which, through use of a third-party piece
of Software or through the direct usage of itself on a computer system,
the memory of the computer is modified dynamically or semi-dynamically.
"Software", secondly, processes or interprets information.
Source Code is Any digital Work which, through use of a third-party
piece of Software or through the direct usage of itself on a computer
system, the memory of the computer is modified dynamically or
semi-dynamically. "Software", secondly, processes or interprets
information.
Surveilling is the use of the Work to either overtly or covertly observe
and record persons and or their activities.
A Network Service is the use of a piece of Software to interpret or
modify information that is subsequently and directly served to users
over the Internet.
To Discriminate is the use of a piece of Software to interpret or modify
information that is subsequently and directly served to users over the
Internet.
Hate Speech is Communication or any form of expression which is solely
for the purpose of expressing hatred for some group or advocating a form
of Discrimination between humans.
Coercion is leveraging of the threat of force or use of force to
intimidate a person in order to gain compliance, or to offer large
incentives which aim to entice a person to act against their will.
Fair Dealing Rights
Nothing in this License is intended to reduce, limit, or restrict any
uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright
protection under copyright law or other applicable laws.
License Grant
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
To Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections
To create and Reproduce Adaptations provided that any such Adaptation,
including any translation in any medium, takes reasonable steps to
clearly label, demarcate or otherwise identify that changes were made to
the original Work. For example, a translation could be marked "The
original work was translated from English to Spanish," or a modification
could indicate "The original work has been modified."
To Distribute and Publicly Perform the Work including as incorporated in
Collections.
To Distribute and Publicly Perform Adaptations. The above rights may be
exercised in all media and formats whether now known or hereafter
devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and
formats. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to the Work
not specified here. Licensor shall not be bound by any additional
provisions that may appear in any communication from You. This License
may not be modified without the mutual written agreement of the Licensor
and You. All rights not expressly granted by Licensor are hereby
reserved, including but not limited to the rights set forth in
Non-waivable Compulsory License Schemes, Waivable Compulsory License
Schemes, and Voluntary License Schemes in the restrictions.
Restrictions
The license granted in the license grant above is expressly made subject
to and limited by the following restrictions:
You may Distribute or Publicly Perform the Work only under the terms of
this License. You must include a copy of, or the Uniform Resource
Identifier (URI) for, this License with every copy of the Work You
Distribute or Publicly Perform. You may not offer or impose any terms on
the Work that restrict the terms of this License or the ability of the
recipient of the Work to exercise the rights granted to that recipient
under the terms of the License. You may not sublicense the Work. You
must keep intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You Distribute or
Publicly Perform. When You Distribute or Publicly Perform the Work, You
may not impose any effective technological measures on the Work that
restrict the ability of a recipient of the Work from You to exercise the
rights granted to that recipient under the terms of the License. This
Section applies to the Work as incorporated in a Collection, but this
does not require the Collection apart from the Work itself to be made
subject to the terms of this License. If You create a Collection, upon
notice from any Licensor You must, to the extent practicable, remove
from the Collection any credit as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the extent
practicable, remove from the Adaptation any credit as requested.
If the Work meets the definition of Software, You may exercise the
rights granted in the license grant only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code of the
Work, to any recipients upon request.
If the Work is used as or for a Network Service, You may exercise the
rights granted in the license grant only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code to the
Work, to any recipients of the data served or modified by the Web
Service.
You may exercise the rights granted in the license grant for any
purposes only if:
i. You do not use the Work for the purpose of inflicting Bodily Harm on
human beings (subject to criminal prosecution or otherwise) outside
of providing medical aid or undergoing a voluntary procedure under
no form of Coercion.
ii. You do not use the Work for the purpose of Surveilling or tracking
individuals for financial gain.
iii. You do not use the Work in an Act of War.
iv. You do not use the Work for the purpose of supporting or profiting
from an Act of War.
v. You do not use the Work for the purpose of Incarceration.
vi. You do not use the Work for the purpose of extracting, processing,
or refining, oil, gas, or coal. Or to in any other way to
deliberately pollute the environment as a byproduct of manufacturing
or irresponsible disposal of hazardous materials.
vii. You do not use the Work for the purpose of expediting,
coordinating, or facilitating paid work undertaken by individuals
under the age of 12 years.
viii. You do not use the Work to either Discriminate or spread Hate
Speech on the basis of sex, sexual orientation, gender identity,
race, age, disability, color, national origin, religion, caste, or
lower economic status.
If You Distribute, or Publicly Perform the Work or any Adaptations or
Collections, You must, unless a request has been made by any Licensor to
remove credit from a Collection or Adaptation, keep intact all copyright
notices for the Work and provide, reasonable to the medium or means You
are utilizing:
i. the name of the Original Author (or pseudonym, if applicable) if
supplied, and/or if the Original Author and/or Licensor designate
another party or parties (e.g., a sponsor institute, publishing
entity, journal) for attribution ("Attribution Parties") in
Licensor's copyright notice, terms of service or by other reasonable
means, the name of such party or parties;
ii. the title of the Work if supplied;
iii. to the extent reasonably practicable, the URI, if any, that
Licensor to be associated with the Work, unless such URI does not
refer to the copyright notice or licensing information for the
Work; and,
iv. in the case of an Adaptation, a credit identifying the use of the
Work in the Adaptation (e.g., "French translation of the Work by
Original Author," or "Screenplay based on original Work by Original
Author").
If any Licensor has sent notice to request removing credit, You must, to
the extent practicable, remove any credit as requested. The credit
required by this Section may be implemented in any reasonable manner;
provided, however, that in the case of an Adaptation or Collection, at a
minimum such credit will appear, if a credit for all contributing
authors of the Adaptation or Collection appears, then as part of these
credits and in a manner at least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may only use
the credit required by this Section for the purpose of attribution in
the manner set out above and, by exercising Your rights under this
License, You may not implicitly or explicitly assert or imply any
connection with, sponsorship or endorsement by the Original Author,
Licensor and/or Attribution Parties, as appropriate, of You or Your use
of the Work, without the separate, express prior written permission of
the Original Author, Licensor and/or Attribution Parties.
Except as otherwise agreed in writing by the Licensor or as may be
otherwise permitted by applicable law, if You Reproduce, Distribute or
Publicly Perform the Work either by itself or as part of any Adaptations
or Collections, You must not distort, mutilate, modify or take other
derogatory action in relation to the Work which would be prejudicial to
the Original Author's honor or reputation. Licensor agrees that in those
jurisdictions (e.g. Japan), in which any exercise of the right granted
in the license grant of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or other
derogatory action prejudicial to the Original Author's honor and
reputation, the Licensor will waive or not assert, as appropriate, this
Section, to the fullest extent permitted by the applicable national law,
to enable You to reasonably exercise Your right under the license grant
of this License (right to make Adaptations) but not otherwise.
Do not make any legal claim against anyone accusing the Work, with or
without changes, alone or with other works, of infringing any patent
claim.
Representations Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License.
Individuals or entities who have received Adaptations or Collections
from You under this License, however, will not have their licenses
terminated provided such individuals or entities remain in full
compliance with those licenses. The Sections on definitions, fair
dealing rights, representations, warranties, and disclaimer, limitation
on liability, termination, and revised license versions will survive any
termination of this License.
Subject to the above terms and conditions, the license granted here is
perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, Licensor reserves the right to release the
Work under different license terms or to stop distributing the Work at
any time; provided, however that any such election will not serve to
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
Revised License Versions
This License may receive future revisions in the original spirit of the
license intended to strengthen This License. Each version of This
License has an incrementing version number.
Unless otherwise specified like in the below subsection The Licensor has
only granted this current version of This License for The Work. In this
case future revisions do not apply.
The Licensor may specify that the latest available revision of This
License be used for The Work by either explicitly writing so or by
suffixing the License URI with a "+" symbol.
The Licensor may specify that The Work is also available under the terms
of This License's current revision as well as specific future revisions.
The Licensor may do this by writing it explicitly or suffixing the
License URI with any additional version numbers each separated by a
comma.
Miscellaneous
Each time You Distribute or Publicly Perform the Work or a Collection,
the Licensor offers to the recipient a license to the Work on the same
terms and conditions as the license granted to You under this License.
Each time You Distribute or Publicly Perform an Adaptation, Licensor
offers to the recipient a license to the original Work on the same terms
and conditions as the license granted to You under this License.
If the Work is classified as Software, each time You Distribute or
Publicly Perform an Adaptation, Licensor offers to the recipient a copy
and/or URI of the corresponding Source Code on the same terms and
conditions as the license granted to You under this License.
If the Work is used as a Network Service, each time You Distribute or
Publicly Perform an Adaptation, or serve data derived from the Software,
the Licensor offers to any recipients of the data a copy and/or URI of
the corresponding Source Code on the same terms and conditions as the
license granted to You under this License.
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties to this agreement, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
enforceable.
No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with
respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not specified
here. Licensor shall not be bound by any additional provisions that may
appear in any communication from You. This License may not be modified
without the mutual written agreement of the Licensor and You.
The rights granted under, and the subject matter referenced, in this
License were drafted utilizing the terminology of the Berne Convention
for the Protection of Literary and Artistic Works (as amended on
September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and
the Universal Copyright Convention (as revised on July 24, 1971). These
rights and subject matter take effect in the relevant jurisdiction in
which the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty
provisions in the applicable national law. If the standard suite of
rights granted under applicable copyright law includes additional rights
not granted under this License, such additional rights are deemed to be
included in the License; this License is not intended to restrict the
license of any rights under applicable law.
The recipient, and any party obtaining a copy of these files from
the recipient, directly or indirectly, is granted, free of charge, a
full and unrestricted irrevocable, world-wide, paid up, royalty-free,
nonexclusive right and license to deal in this software and
documentation files (the "Software"), including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software, and to permit persons who receive
copies from any such party to do so. This license includes without
limitation a license to do the foregoing actions under any patents of
the party supplying this software to the recipient.
Nortel DASA License
Created by F.Schnekenbuehl <frank@comsys.dofn.de> from clk_rcc8000.c
Nortel DASA Network Systems GmbH, Department: ND250
A Joint venture of Daimler-Benz Aerospace and Nortel
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Northwoods Software
Software Evaluation License Agreement
This Evaluation License Agreement (“Agreement”) is a legal agreement between Northwoods Software Corporation, a New Hampshire corporation (“Northwoods”), and you, an entity seeking to evaluate the software (“You”). The licensed software consists of libraries, executables, documentation, and samples created by Northwoods (collectively “Software”) in use during evaluation.
BY EVALUATING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MUST NOT USE THE SOFTWARE.
GRANT OF EVALUATION LICENSE
Subject to the terms and conditions of this Agreement, Northwoods hereby grants You a worldwide, non-exclusive, non-transferable, revocable evaluation license (“License”) to use the Software for the sole purpose of testing and evaluating the Software.
You shall not:
modify the libraries or executables in the Software;
create derivative works of the Software or any portion thereof;
reverse engineer, decompile, disassemble, or deobfuscate the Software;
distribute, sell, sublicense, or otherwise provide the Software or any portion thereof to any third party;
remove, alter, or obscure any proprietary notices in the Software; or
use the Software in a production environment or for production purposes.
DISCLAIMER
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL NORTHWOODS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Date: November 1, 2024 – nwoods.com/licenses
NORTHWOODS SOFTWARE CORPORATION
Software License Agreement
This Software License Agreement (this “Agreement”) is a legal agreement between Northwoods Software Corporation, a New Hampshire corporation (“Northwoods”), and you, either an individual or a single entity. This Software License Agreement sets forth the terms and conditions under which Northwoods grants to you a license to use one or more computer software products of Northwoods and Northwoods’ related documentation therefor. Certain capitalized terms used in this Agreement are defined in Section 1.0 below.
Each Licensed Product is identified in a License Certificate issued by Northwoods to you. If two or more Licensed Products are listed on a License Certificate, the License shall apply to each such Licensed Product.
This Agreement sets forth the terms and conditions applicable to your License of the Licensed Software and the Documentation. Please note that, as more particularly set forth in this Agreement, certain of the terms and conditions set forth in this Agreement may not be applicable to your License, depending on the type of License that you purchased and the terms of your License Certificate.
*** IMPORTANT NOTICE ***
BY INSTALLING, COPYING, OR OTHERWISE USING ANY OF THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT INSTALL ANY OF THE LICENSED SOFTWARE.
NOTE: Unless you have purchased a Development and Distribution License, your usage of any Licensed Software and related Documentation is governed by an Evaluation License.
In addition to the foregoing, the terms and conditions of this Agreement include the following:
1.0 DEFINITIONS
The following terms and variations thereof shall have the following meanings:
“Agreement”
means this Software License Agreement between Northwoods and Customer.
“Customer”
means you, the individual or single entity in whose name the License Certificate was issued.
“Developer”
means, with respect to a particular Licensed Product, an Internal User who (a) is a member of the Licensed Group for such Licensed Product and (b) uses such Licensed Product to develop one or more Licensed Applications.
“Documentation”
means, with respect to any Licensed Software, such assistance manuals, online help files, release notes, Sample Code, or other materials, in printed or electronic form, including any Updates thereof, that may be provided by Northwoods to assist a Developer in the use of such Licensed Software.
“Domain Name”
means a unique name that identifies an Internet resource, such as a web site (e.g., nwoods.com).
“Evaluation License”
means a License permitting Customer to use a Licensed Product in accordance with the provisions of Section 2.1.1(a) below and the further terms and conditions of this Agreement.
“External User”
means someone other than an Internal User.
“Intellectual Property Right”
means any U.S. or foreign patent, copyright, trade secret, trademark, industrial property, or other proprietary or intellectual property right of any kind.
“Internal User”
means an employee or contractor of Customer. For purposes hereof, “contractor”
means someone who is not an employee of Customer but who is under contract with Customer to perform services of a type that otherwise might be performed by an employee of Customer.
“License”
means Northwoods’ grant to you of a non-exclusive, non-transferable right to use a Licensed Product, subject to and in accordance with the terms and conditions of this Agreement. There are two different types of Licenses - an Evaluation License and a Development and Distribution License.
“License Certificate”
means, with respect to a particular Licensed Product that is licensed by Northwoods to Customer under this Agreement, a certificate issued by Northwoods to Customer that identifies the applicable Licensed Software and the License-Specific Terms applicable to Customer’s use of such Licensed Product.
“License Effective Date”
means the date on which Customer first installs any Licensed Software on a computer for evaluation purposes, or, if the Customer purchased a Development and Distribution License, the date on which Customer placed the order therefor.
“License-Specific Terms”
means, with respect to a particular Licensed Product that is licensed by Northwoods to Customer under this Agreement, the identity of the applicable Licensed Software that is part of such Licensed Product together with certain additional licensing terms applicable to Customer’s use of such Licensed Product that are set forth in the License Certificate for such Licensed Product. The License-Specific Terms are recorded in Northwoods’ records. In the event of any inconsistency between the License-Specific Terms contained in Northwoods’ records and the License-Specific Terms stated in any printed, electronic, or other copy of a License Certificate (whether due to an alteration of such License Certificate or other cause), the License-Specific Terms contained in Northwoods’ records shall be controlling.
“License Term”
means the duration of the License, which depends on the type of License and the License-Specific Terms, all as more particularly set forth in this Agreement.
“Licensed Application”
means a software application (including Redistributables) developed by a Developer by use of the Licensed Software. The License-Specific Terms may further define what constitutes a Licensed Application.
“Licensed Application End User”
means an authorized user of a Licensed Application.
“Licensed Domain”
means a Domain Name from which a Licensed Application End User is able to access a Licensed Application via the Internet. For the avoidance of doubt, if two or more Domain Names identify the same web site or other Internet resource (i.e., there is a single primary Domain Name from which a Licensed Application End User is able to access a Licensed Application via the Internet and there are also one or more alias Domain Names that point to that same primary Domain Name), then there will only be considered to be one Licensed Domain and the alias Domain Name(s) will not be counted.
“Licensed Group”
means, with respect to a particular Licensed Product, such Internal Users who are permitted to be Developers for such Licensed Product, as set forth in the License Certificate for such Licensed Product. By way of examples, if the License Certificate for a Licensed Product states that the Licensed Group for such Licensed Product (a) is a particular business unit within Customer, only an Internal User within such business unit may be a Developer for such Licensed Product, or (b) is unlimited, any Internal User of Customer may be a Developer for such Licensed Product, in both cases subject to such additional limitations as are otherwise set forth in this Agreement and the applicable License Certificate (including any limitation on the number of Developers who may develop Licensed Applications for such Licensed Product).
“Licensed Product”
means, collectively, Licensed Software that is licensed by Northwoods for use by Customer under this Agreement and the related Documentation for such Licensed Software.
“Licensed Software”
means any Northwoods’ computer software product licensed for use under this Agreement, including any Updates of such computer software product that may be supplied to Customer by Northwoods. The Licensed Software is identified in the License-Specific Terms.
“Northwoods”
means Northwoods Software Corporation, a New Hampshire corporation, and its successors and assigns.
“Object Code”
means, with respect to software, an encoded form of such software that allows such software to be used on a computer, but which is not intended to allow such software to be enhanced or otherwise modified.
“Development and Distribution License”
means a License permitting Customer to use a Licensed Product in accordance with the provisions of Section 2.1.1(b) below and the further terms and conditions of this Agreement.
“Redistributables”
means (a) the Object Code form of portions of the Licensed Software, which portions are described as such in the Documentation and are usually provided as Dynamic Link Libraries (DLL’s), tar files, zip files, JAR files, or obfuscated javascript files (depending on the specific product), and (b) also the Source Code or Object Code form of the Sample Code as originally supplied to, or as modified by, Customer. For the avoidance of doubt, obfuscated javascript files are considered to be Object Code and not Source Code.
“Sample Code”
means the Source Code version of the computer software supplied by Northwoods and described as “sample code”
in the Documentation, which computer software is intended to illustrate how to use the Licensed Software. For the avoidance of doubt, Sample Code is part of the Documentation and not part of the Licensed Software.
“Source Code”
means, with respect to software, an encoded form of such software that allows a software developer to enhance and otherwise modify such software and that can be used, with certain software development tools, to produce Object Code.
“Trial Period”
means, with respect to an Evaluation License, a period of thirty (30) days following the License Effective Date therefor or such longer period of time, if any, as may be specified as the License Term for such Evaluation License in the License-Specific Terms therefor.
“Update”
means any bug fix, correction, patch, workaround, enhancement, release, version, or other update of a Licensed Product provided by Northwoods to Customer after the initial delivery of such Licensed Product.
2.0 LICENSE PROVISIONS
2.1 License Grant and Restrictions
2.1.1 Subject to the further terms and conditions of this Agreement, Northwoods grants to Customer a worldwide License to use each Licensed Product, as follows:
Evaluation License. If the License is an Evaluation License, then:
Customer may only use the Licensed Product for evaluation purposes; and
the License Term shall commence on the License Effective Date and shall continue thereafter for the Trial Period, subject to termination of the License during the License Term as otherwise set forth in this Agreement.
The Licensed Software may include a duration limitation that tracks the License Term and may disable the Licensed Software when the License Term expires. If Customer purchases a Development and Distribution License for the Licensed Product, Northwoods will provide Customer with a software code which, when activated, will deactivate any such duration limitation.
Development and Distribution License. If the License is a Development and Distribution License, then:
the License Term shall commence on the License Effective Date and shall continue thereafter for the period set forth in the License-Specific Terms, subject to termination of the License during the License Term as otherwise set forth in this Agreement;
the aggregate number of Developers who may use the Licensed Software to develop Licensed Applications is specified in the License-Specific Terms;
the aggregate number of Licensed Applications that such Developer(s) may develop is specified in the License-Specific Terms;
the Licensed Application End Users may be Internal Users or External Users; and
the aggregate number of Licensed Application End Users who are authorized to use each Licensed Application is not limited; and
for those Licensed Products that enable Licensed Applications to be accessed via the Internet, the aggregate number of Licensed Domains from which Licensed Application End Users may access any such Licensed Application is specified in the License-Specific Terms.
For the avoidance of doubt, upon the expiration or earlier termination of the License Term (unless, and then only to the extent that, the License Term is renewed by Northwoods), (A) no further Licensed Applications may be developed, and (B) with respect to any Licensed Application that was developed prior to such expiration or termination, any Licensed Application End User who was using such Licensed Application prior to such expiration or termination may continue to use such Licensed Application after such expiration or termination, but no other Licensed Application End Users or anyone else may use such Licensed Application.
The parties agree that, for purposes of this Agreement, all Licensed Products shall be delivered by Northwoods to Customer in the State of New Hampshire.
2.1.2 Customer may make such number of copies of each Licensed Product as may reasonably be required for Customer’s exercise of its License rights and for archival purposes. Each such copy shall be and remain subject to all usage and other restrictions applicable to such Licensed Product under this Agreement. All such copies are and shall remain the sole property of Northwoods and subject to this Agreement. All Intellectual Property Rights notices included in such Licensed Product must be maintained in all such copies and may not be altered or removed.
2.1.3 Customer is solely responsible for all hardware, infrastructure systems, and third party software associated with operating the Licensed Software.
2.1.4 Except as may otherwise expressly be permitted by this Agreement, and subject to such additional limitations and restrictions as are set forth in this Agreement, CUSTOMER MAY NOT:
use, copy, display, publish, or transfer any Licensed Product;
modify any Licensed Product, or create any derivative work of any Licensed Product;
reverse engineer, disassemble, decompile, or take any other action to derive the Source Code form of any of the Licensed Software;
use any Licensed Product, nor permit any Licensed Product to be used, other than by one or more Developers (the number of permitted Developers being specified in the License-Specific Terms) to develop a Licensed Application;
rent, lease, transfer, sell, sublicense, or distribute any Licensed Product thereof to any third party without the express written consent of Northwoods; for the avoidance of doubt, no time-sharing or service-sharing use of any Licensed Product by any third party is permitted;
use any Licensed Product to develop a Licensed Application unless Customer includes substantial added value in such Licensed Application in addition to the Redistributables;
use any Licensed Product to develop a Licensed Application if such Licensed Application would be competitive with such Licensed Product; nor
distribute any portion of any Licensed Product other than the Redistributables, which may only be distributed in Object Code form and only as part of a Licensed Application.
2.1.5 Except as otherwise set forth in this Section, the Licensed Software is provided and may only be used in Object Code form. If the License-Specific Terms expressly provide that any of the Licensed Software is being licensed with Source Code rights, then such Licensed Software shall also be provided and may be used in Source Code form. In such case, Customer:
may modify such Licensed Software and use the modified Licensed Software in the same fashion, and subject to the same restrictions, as the unmodified Licensed Software (however, for the avoidance of doubt, Customer shall not redistribute any Source Code); and
shall defend, indemnify, and hold harmless Northwoods and its affiliates, and its and their respective successors and assigns, and all of the respective officers, directors, employees, stockholders, managers, members, agents, and representatives of any of the foregoing (each, an “Indemnitee”) from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ and other professional fees) suffered or incurred by Northwoods or any other Indemnitee that arise out of or relate to any modifications of such Licensed Software made by Customer.
2.2 License Termination
2.2.1 With respect to each Licensed Product that is listed in a License Certificate, the License of such Licensed Product shall commence on the License Effective Date and shall continue thereafter for the applicable License Term, subject to earlier termination as follows:
Customer may terminate such License at any time and for any reason by written notice to Northwoods;
if Customer breaches any of its obligations under this Agreement, then such License shall automatically terminate; provided, that, if such breach is curable, then such License shall terminate if such breach is not cured by Customer within thirty (30) days of notice from Northwoods; and
if Customer is declared bankrupt, becomes insolvent, or commences liquidation or receivership proceedings, then such License may be terminated by Northwoods.
Upon termination of all License(s) granted under this Agreement, this Agreement shall automatically terminate; provided, that the following provisions of this Agreement shall survive any such termination: Sections 1.0 (to the extent that any term defined therein is used in any other Section which survives such termination), 2.2.2, 2.3, 2.4, 3.2, 4.0, 5.0, and 6.0.
2.2.2 Upon the expiration or earlier termination of such License, Customer shall:
immediately cease all use of such Licensed Product;
promptly destroy all copies (including tangible, electronic, magnetic, and other copies) of such Licensed Product; provided, that to the extent that Customer archives electronic information in the ordinary course of its business, Customer shall not be required to destroy such electronic copies of such Licensed Product as are so included in such archives, so long as such electronic copies are not otherwise copied or used by Customer, and
promptly certify in writing to Northwoods that Customer has complied with its obligations hereunder and is no longer using or in possession of any copy of such Licensed Product.
2.3 Proprietary Rights
2.3.1 Each Licensed Product and all Intellectual Property Rights therein are the exclusive property of Northwoods or its licensors. All rights in and to each Licensed Product not specifically granted to Customer under this Agreement are reserved to Northwoods.
2.3.2 Customer shall not alter or remove any Intellectual Property Rights notices or any other legal notices contained on or in copies of any Licensed Product. If Customer is permitted by Northwoods to make any copies of any Licensed Product, Customer shall reproduce all such notices on or in all copies. The existence of any copyright notice shall not constitute publication and shall not be construed as an admission or presumption of publication of any Licensed Product.
2.3.3 All Updates of a Licensed Product provided by Northwoods (regardless of any payments made by Customer therefor) shall belong to and be owned by Northwoods, shall be considered to be part of such Licensed Product, and shall be licensed to Customer on the same terms and conditions as are applicable to such Licensed Product under this Agreement (including the License-Specific Terms).
2.4 Confidentiality
2.4.1 Customer agrees that each Licensed Product is confidential and proprietary to Northwoods. Customer agrees to hold each Licensed Product in confidence and not to disclose such Licensed Product without the prior written approval of Northwoods, except:
to Customer’s Developer(s) to whom disclosure is necessary for Customer’s permitted use of such Licensed Product, provided that (i) Customer shall ensure that each such Developer agrees to comply with all of Customer’s obligations under this Agreement, and (ii) the acts and omissions of Customer’s Developer(s) shall be deemed to be the acts and omissions of Customer and Customer shall be responsible therefor and for any breach of this Agreement caused thereby, or
as required by applicable law, rule, or regulation, or by an order of a court or governmental or law enforcement agency or other authority, each of competent jurisdiction, provided that Customer shall have used reasonable efforts to secure confidential treatment of any such information to be disclosed, or
that Customer may distribute Redistributables (in Object Code form) as part of Licensed Applications as permitted by Section 2.1.
2.4.2 Customer shall take all reasonable steps to safeguard all copies of each Licensed Product and ensure that no persons, whether or not authorized to have access to a Licensed Product, shall take any action in violation of this Agreement.
3.0 LIMITED WARRANTY; WARRANTY LIMITATIONS AND DISCLAIMERS
3.1 Limited Warranty.
If the License is a Development and Distribution License, then Northwoods warrants (the “Limited Warranty”) that the Licensed Software will, for a period of thirty (30) days following the date on which the Licensed Software was first delivered to Customer (the “Limited Warranty Period”), function substantially as set forth in the Documentation therefor. The Limited Warranty is only for the benefit of Customer. The Limited Warranty shall not apply to an Evaluation License.
Customer’s sole and exclusive remedy for any breach of the Limited Warranty shall be as follows:
If the Limited Warranty is breached, Customer must, during the Limited Warranty Period, notify Northwoods in writing of the non-conformity in the Licensed Software that constitutes the breach.
In the event such a notification is given to Northwoods during the Limited Warranty Period, Northwoods will attempt to verify the non-conformity reported by Customer and, if verified, ascertain the reason for the non-conformity and supply a correction or bypass.
If Northwoods verifies the reported non-conformity but is unable to repair or replace the defective Licensed Software, or determines that such repair or replacement is impractical in Northwoods’ sole judgment, then Northwoods may terminate the License by providing written notice thereof to Customer. Likewise, if Northwoods verifies the reported non-conformity but fails to repair or replace the defective Licensed Software within thirty (30) days after Northwoods’ receipt of Customer’s notice of the breach, then, during the continuance of such failure, Customer may elect to terminate the License by providing written notice thereof to Northwoods. In the event of any such termination, Customer shall comply with its obligations under Section 2.2.2 and, upon Northwoods’ receipt of Customer’s written certification pursuant to Section 2.2.2(c), Northwoods shall refund to Customer the License fee paid by Customer for the defective Licensed Product.
The Limited Warranty shall not apply if any breach of the Limited Warranty is due to: (i) the use of the Licensed Software other than in accordance with the Documentation; or (ii) any modification of the Licensed Software other than an Update provided by Northwoods during the Limited Warranty Period.
3.2 Disclaimers.
All software contains errors, and Customer acknowledges that the use of any software (including the Licensed Software) entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, NORTHWOODS MAKES NO WARRANTY THAT THE LICENSED SOFTWARE IS ERROR-FREE.
NORTHWOODS ALSO MAKES NO WARRANTY THAT ANY LICENSED PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS.
EXCEPT FOR THE LIMITED WARRANTY (WHICH APPLIES ONLY TO A DEVELOPMENT AND DISTRIBUTION LICENSE, AND NOT TO AN EVALUATION LICENSE), EACH LICENSED PRODUCT IS PROVIDED “AS IS” AND NORTHWOODS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY LICENSED PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NORTHWOODS DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER IMPLIED WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY LICENSED PRODUCT.
4.0 LIMITATION OF LIABILITY
4.1 THE TOTAL LIABILITY OF NORTHWOODS UNDER THIS AGREEMENT (INCLUDING AS A RESULT OF A BREACH OF ANY OF NORTHWOODS’ OBLIGATIONS HEREUNDER AND/OR FOR THE DELIVERY, USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY LICENSED PRODUCT), WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER CLAIM OR ACTION, SHALL BE LIMITED TO THE DIRECT LOSSES AND DAMAGES SUFFERED BY CUSTOMER THAT ARE OTHERWISE RECOVERABLE UNDER THIS AGREEMENT, IN AN AMOUNT NOT TO EXCEED THE LICENSE FEE PAID TO NORTHWOODS FOR SUCH LICENSED PRODUCT UNDER THIS AGREEMENT.
4.2 NORTHWOODS NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ON NORTHWOODS’ BEHALF, ANY LIABILITIES IN ADDITION TO THOSE LIABILITIES OF NORTHWOODS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
4.3 Except as otherwise expressly set forth in Section 3.1(b)(iii), ALL AMOUNTS PAID BY CUSTOMER TO NORTHWOODS ARE NON-REFUNDABLE.
4.5 Customer is responsible for any and all uses of each Licensed Product (including testing of the same to determine whether it does or does not meet Customer’s requirements, and in the case of the Sample Code that any Open Source Software referenced therein has acceptable license terms), and for the distribution and use of any Redistributables as part of Licensed Applications. Customer agrees that Northwoods shall have no liability or responsibility for any use of any Redistributable as part of any Licensed Application, and Customer shall defend, indemnify, and hold harmless Northwoods and all other Indemnitees from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ and other professional fees) that arise out of or relate to any such uses.
4.6 Customer acknowledges that the limitations on Northwoods’ liability set forth in this Agreement are a material part of the consideration payable by Customer to Northwoods under this Agreement and that Northwoods would not have entered into this Agreement without such limitations.
5.0 TAXES; GOVERNMENTAL RESTRICTIONS
5.1 Customer is solely responsible for any and all sales, use, and other taxes and governmental charges applicable to this Agreement and/or each Licensed Product, including the transfer of any media and/or data. Notwithstanding the foregoing, in no event shall Customer be responsible for any taxes based on the net income of Northwoods.
5.2 Customer may not export or otherwise use any Licensed Product or any Redistributable except as authorized by United States law and the laws of the jurisdiction(s) in which such Licensed Product or Redistributable is to be used. In particular, but without limitation, no Licensed Product or Redistributable may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. Customer represents and warrants that Customer is not located in any such country or on any such list.
5.3 If any Licensed Product is licensed to or for use by the U.S. Government or any agency thereof, the following provisions shall apply: Such license and usage rights include only those rights expressly set forth in this Agreement (which are the rights customarily provided by Northwoods to the public) and do not include any additional rights to use, modify, reproduce, release, perform, display, or disclose any Licensed Product or Redistributable. All Licensed Software and Redistributables are “Commercial Computer Software”, and all Documentation is “Commercial Computer Software Documentation”, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If a government agency has a need for rights not conveyed under these terms, it must negotiate with Northwoods to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be executed and delivered by Northwoods and the government agency. The contractor/manufacturer is Northwoods Software Corporation, 4 Water Street, Suite 101, Nashua, New Hampshire, USA.
5.4 All unpublished rights are reserved under the copyright laws of the United States and all applicable foreign countries.
6.0 GENERAL PROVISIONS
6.1 Governing Law; Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, USA, without reference to its conflict of laws principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are excluded.
The parties agree that, in the event of any action for enforcement of or breach of this Agreement, the Federal and State courts of the State of New Hampshire shall have exclusive jurisdiction over the enforcement of this Agreement, and the parties specifically consent to, and agree that they are subject to, the jurisdiction of such courts; provided, that Northwoods shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction.
6.2 Notices. Except as otherwise specifically set forth in this Agreement, all notices and other communications required to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if sent by registered or certified mail, return receipt requested, or by a nationally recognized express courier. Any such notice (a) if given to Northwoods, shall be sent to Northwoods at its address set forth on its web site (https://www.nwoods.com or any successor thereto), or (b) if given to Customer, shall be sent to Customer at its address set forth in the License-Specific Terms or such other address as Customer may have notified Northwoods in writing.
6.3 Assignment. This Agreement is assignable by Northwoods. This Agreement is not assignable, in whole or in part, by Customer without the prior written consent of Northwoods, and any assignment or attempted assignment of this Agreement (including an assignment by operation of law) by Customer without such consent shall be void and shall also constitute a breach of this Agreement; provided, however, that Customer may assign this Agreement to a purchaser or other acquirer of all or substantially all of Customer’s assets or business if, within thirty (30) days following such assignment, said purchaser or acquirer provides Northwoods with written notice of such permitted assignment and a written certification signed by the purchaser or acquirer agreeing to be bound by and perform all of Customer’s obligations under this Agreement. This Agreement is binding on and for the benefit of Customer and its permitted successors and assigns, as well as Northwoods and its successors and assigns.
6.4 Enforceability. Each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. If there is any conflict between any provision of this Agreement and any statute, law, or governmental ordinance, order, rule, or regulation, the latter shall prevail; provided, that any such conflicting provision shall be curtailed and limited only to the extent necessary to bring it within the legal requirements and the remainder of this Agreement shall not be affected thereby.
6.5 Waiver. The failure of any party to enforce any term or condition of this Agreement shall not constitute a waiver of such party’s right to enforce such term or condition or any other term or condition of this Agreement, unless waived in writing.
6.6 Force Majeure. Neither party will be liable for any failure to perform any of such party’s obligations under this Agreement (excluding, however, a party’s payment obligations) due to any causes beyond such party’s reasonable control, including acts of God (including earthquakes and other natural disasters), war, riot, embargoes, acts of civil or military authorities, fire, flood, accident, and strikes. In the event of any such cause, the affected party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.
6.7 Interpretation. Section headings are inserted for convenience of reference only and shall not affect the construction of this Agreement. The singular number shall include the plural, and vice versa. Any use of the word “including” will be interpreted to mean “including, but not limited to,” unless otherwise indicated. References to any individual or entity shall be construed to mean such individual or entity and his, her, or its successors in interest and permitted assigns, as applicable.
6.8 Entire Agreement. This Agreement, including the License-Specific Terms, (a) is the entire agreement between Northwoods and Customer with respect to Northwoods’ license to Customer of the Licensed Product(s) and Customer’s right to use the same, and (b) supersedes all prior agreements, covenants, understandings, representations, warranties, and undertakings, whether written, electronic, or oral, between the parties regarding such matters.
6.9 Amendments. This Agreement may only be amended by a writing duly executed and delivered by each party.
6.10 Publicity. Northwoods shall be permitted to include Customer’s name and logo in a list of Northwoods other customers on a Northwoods’ website. Neither party may issue press releases including the other party’s name without prior written consent of the other party.
Northwoods Software Corporation
4 Water Street, Suite 101, Nashua, NH 03060 US
Internet: https://www.nwoods.com
E-mail: GoSales@nwoods.com
Copyright © 1999-2021 Northwoods Software Corporation. All rights reserved.
Northwoods Software
Software License Agreement
This Software License Agreement (“this Agreement”) is a legal agreement between Northwoods Software Corporation, a New Hampshire corporation (“Northwoods”), and the individual or the firm, company, or other organization identified as the licensee (“Customer” or “You”) in the license certificate issued by Northwoods for this Agreement (the “License Certificate”). The terms of the License Certificate are an integral part of this Agreement.
The licensed software, consisting of libraries, executables, documentation, and samples created by Northwoods (collectively “Software”), is identified in the License Certificate.
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THE SOFTWARE.
1 OWNERSHIP
The Software is licensed, not sold. Northwoods retains all right, title, and interest in and to the Software, including all trade secrets and intellectual property rights. This Agreement does not grant Customer any rights to patents, trademarks, or copyrights except as expressly set forth herein.
2 GRANT OF LICENSE
2.1 License
Subject to the terms and conditions of this Agreement, Northwoods hereby grants Customer a worldwide, non-exclusive, non-transferable license (“License”) to use the Software. The License permits such number of developers in the Customer’s designated licensed group (each as specified in the License Certificate) to use the Software to develop such number of applications (each, an “Application”) as is specified in the License Certificate – which, unless a greater number of Applications is expressly stated in the License Certificate, is limited to one (1) Application.
Customer may:
copy the Software or any portion thereof, but only for purposes of Customer’s use thereof as permitted by this Agreement;
use the API of the Software to develop an Application; and
modify and incorporate any of the samples into an Application.
2.2 Restrictions
Customer shall not:
modify the libraries or executables in the Software;
create derivative works of the Software or any portion thereof, other than an Application;
reverse engineer, decompile, disassemble, or deobfuscate the Software except to the extent permitted by applicable law;
distribute, sell, sublicense, or otherwise provide the Software or any portion thereof to any third party, except as otherwise expressly permitted by this Agreement; or
remove, alter, or obscure any proprietary notices in the Software.
2.3 Source Code
If the License Certificate specifies that You have source code rights, You may use and modify the source code form of the Software (“Source Code”).
You acknowledge and agree that the Source Code is proprietary to Northwoods. You shall:
maintain the Source Code in confidence;
not disclose, distribute, sell, sublicense, or otherwise provide the Source Code to any third party;
only include minified or compiled Source Code in any Application;
defend, indemnify, and hold harmless Northwoods and its affiliates, and each of their respective officers, directors, employees and representatives from and against any claims, damages, losses, liabilities, judgements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third party claim with respect to any Source Code modifications made by You.
3 TERM AND TERMINATION
3.1 Term
This Agreement and the License are effective on the effective date specified in the License Certificate (the “Effective Date”), and shall continue in perpetuity thereafter, subject to termination as otherwise set forth in this Agreement.
3.2 Termination
This Agreement may be terminated:
by Customer at any time and for any reason by written notice to Northwoods;
automatically if Customer breaches this Agreement; provided, that, if such breach is curable, this Agreement shall terminate if such breach is not cured by Customer within thirty (30) days following the first occurrence of such breach;
by Northwoods if Customer becomes insolvent, files for (or has filed against it) bankruptcy, or commences liquidation or receivership proceedings; or
by Northwoods or Customer as otherwise expressly permitted by this Agreement.
3.3 Effect of Termination and Survival
Upon termination of this Agreement, the License shall automatically end, Customer shall promptly cease all use of the Software, and Customer shall certify in writing to Northwoods that Customer has complied with its obligations hereunder.
The following provisions shall survive the termination of this Agreement: Section 1 (Ownership), Section 3.3 (Effect of Termination and Survival), Section 4.2 (Disclaimer of Warranty), Section 5 (Limitation of Liability), Section 6 (Payment and Taxes), and Section 7 (Miscellaneous).
4 LIMITED WARRANTY, DISCLAIMER OF WARRANTY
4.1 Limited Warranty
Northwoods warrants (the “Limited Warranty”) that the Software will, for a period of thirty (30) days following the Effective Date (the “Limited Warranty Period”), function substantially as set forth in related Software documentation. In the event of a breach of the Limited Warranty, Customer’s sole and exclusive remedy for such breach shall be repair or replacement of the defective Software within thirty (30) days of being notified of such breach, or, if Northwoods is unable to repair or replace the defective Software, or determines that such repair or replacement is impractical in Northwoods' sole judgment, then Northwoods may terminate this Agreement by providing written notice thereof to Customer and shall refund fees paid by Customer to Northwoods in the previous thirty (30) day period.
4.2 Disclaimer
EXCEPTING THE LIMITED WARRANTY, NORTHWOODS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NORTHWOODS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER IMPLIED WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE.
5 LIMITATION OF LIABILITY
IN NO EVENT WILL NORTHWOODS, ITS SUBSIDIARIES OR OTHER AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU, WHETHER IN CONTRACT, BY REASON OF NEGLIGENCE OR OTHERWISE, FOR ANY PUNITIVE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, LOSSES, OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFITS IN CONNECTION WITH THE SUPPLY, USE, OR PERFORMANCE OF OR INABILITY TO USE THE SOFTWARE, OR NON-PERFORMANCE OR OTHER BREACH OF ANY OF NORTHWOODS’ OBLIGATIONS UNDER THIS AGREEMENT, OR IN CONNECTION WITH ANY CLAIM ARISING FROM THIS AGREEMENT OR RELATED IN ANY MANNER TO THE LICENSE AND/OR THE SOFTWARE.
YOU AGREE THAT NORTHWOODS’ ENTIRE LIABILITY FOR ANY DAMAGES, LOSSES, AND COSTS FOR WHICH NORTHWOODS IS OTHERWISE LIABLE UNDER THIS AGREEMENT, OR THAT ARE RELATED IN ANY MANNER TO THE LICENSE AND/OR THE SOFTWARE SHALL NOT EXCEED, IN THE AGGREGATE FOR ANY AND ALL SUCH DAMAGES, LOSSES, AND COSTS, THE SUM OF ONE THOUSAND U.S. DOLLARS ($1,000 USD).
6 PAYMENT AND TAXES
If credit has been extended to You by Northwoods, all payments are due within the payment terms specified on the associated invoice. If Northwoods has not extended credit to You, You shall be required to make payment concurrent with the Effective Date. Any value added tax, use tax, sales tax, or similar tax applicable to this Agreement, whether imposed on You or on Northwoods, shall be Your sole responsibility.
7 MISCELLANEOUS
7.1 Compliance with Laws
You shall, and You shall cause Your subsidiaries and other affiliates and Your and their officers, directors, managers, employees, owners, agents, and representatives, to comply with all U.S. and foreign laws and regulations (including export control laws and regulations) applicable to Your and their use and distribution of the Software and/or any Application. You agree to defend, indemnify, and hold harmless Northwoods and its subsidiaries and other affiliates, and each of their respective officers, directors, managers, employees, owners, agents, and representatives from and against any claims, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) suffered or incurred by any such indemnitee that, in whole or in part, arise out of or relate to any breach or alleged breach by You of any of Your obligations under this Section.
7.2 Consent
You agree that Northwoods may identify You as a customer of Northwoods, including by use of Your name and logo to do so. Northwoods shall comply with written requests to remove Your name and logo from its marketing materials.
7.3 Assignment
Customer may not sell, assign, or otherwise transfer this Agreement, the License, or any of Customer’s rights or obligations under this Agreement. Any or all of this Agreement, the License, and Northwoods’ rights and obligations under this Agreement may be sold, assigned, or otherwise transferred by Northwoods.
7.4 No Agency
Both parties agree that no agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Northwoods.
7.5 Governing Law
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the United States and the State of New Hampshire. The Federal and State courts of the State of New Hampshire shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have to challenge the appropriateness of such courts, whether on the basis of the doctrine of forum non conveniens or otherwise. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
7.6 Legal Effect
If any provision in this Agreement shall be determined to be invalid, such provision shall be enforced to the fullest extent permitted by law, and the remainder of this Agreement shall continue in full force and effect. The failure of any party to enforce any provision of this Agreement shall not be deemed a waiver of that or any other provision of this Agreement.
7.7 Entire Agreement
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
Date: November 1, 2024 – nwoods.com/licenses
The Netizen Open Source License (NOSL) is a license based on the Mozilla Public License (MPL).
NETIZEN OPEN SOURCE LICENSE Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such
entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made
by that Contributor with other software (except as part of the
Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by
that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six
(6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after
the Modification is made available as described in Section 3.2,
Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netizen Pty Ltd ("Netizen ") may publish revised and/or new versions
of the License from time to time. Each version will be given a
distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms
of any subsequent version of the License published by Netizen. No one
other than Netizen has the right to modify the terms applicable to
Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that
the phrases "Netizen", "NOSL" or any confusingly similar phrase do not
appear in your license (except to note that your license differs from
this License) and (b) otherwise make it clear that Your version of the
license contains terms which differ from the Netizen Open Source
License and Xen Open Source License. (Filling in the name of the
Initial Developer, Original Code or Contributor in the notice described
in Exhibit A shall not of themselves be deemed to be modifications of
this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7.1 To the extent permitted by law and except as expressly provided
to the contrary in this Agreement, all warranties whether express,
implied, statutory or otherwise, relating in any way to the subject
matter of this Agreement or to this Agreement generally, are excluded.
Where legislation implies in this Agreement any condition or warranty
and that legislation avoids or prohibits provisions in a contract
excluding or modifying the application of or the exercise of or
liability under such term, such term shall be deemed to be included
in this Agreement. However, the liability of Supplier for any breach
of such term shall be limited, at the option of Supplier, to any one
or more of the following: if the breach related to goods: the
replacement of the goods or the supply of equivalent goods; the repair
of such goods; the payment of the cost of replacing the goods or of
acquiring equivalent goods; or the payment of the cost of having the
goods repaired; and if the breach relates to services the supplying
of the services again; or the payment of the cost of having the
services supplied again.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those
rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable.
This Agreement shall be governed by and construed according to the
law of the State of Victoria. The parties irrevocably submit to the
exclusive jurisdiction of the Courts of Victoria and Australia and
any Courts hearing appeals from such Courts. This Agreement is
deemed to have been made in Victoria.
The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the NPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - Netizen Open Source License
``The contents of this file are subject to the Netizen Open Source
License Version 1.0 (the "License"); you may not use this file except
in compliance with the License. You may obtain a copy of the License at
http://netizen.com.au/licenses/NOPL/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is .
The Initial Developer of the Original Code is .
Portions created by are Copyright (C)
. All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms
of the license (the "[ ] License"), in which case the
provisions of [ ] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [ ] License and not to allow others to use
your version of this file under the NOSL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [ ] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the NOSL or the [ ] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
----------------------------------------------------------------------
Non-Profit Open Software License ("Non-Profit OSL") 3.0
This Non-Profit Open Software License ("Non-Profit OSL") version 3.0 (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
Licensed under the Non-Profit Open Software License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute or communicate shall be licensed under this Non-Profit Open Software License or as provided in section 17(d);
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. The Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Open Software License" or "OSL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process.
17) Non-Profit Amendment. The name of this amended version of the Open Software License ("OSL 3.0") is "Non-Profit Open Software License 3.0". The original OSL 3.0 license has been amended as follows:
(a) Licensor represents and declares that it is a not-for-profit organization that derives no revenue whatsoever from the distribution of the Original Work or Derivative Works thereof, or from support or services relating thereto.
(b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL 3.0 has been stricken. For Original Works licensed under this Non-Profit OSL 3.0, LICENSOR OFFERS NO WARRANTIES WHATSOEVER.
(c) In the first sentence of Section 8 ["Limitation of Liability"] of this Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now includes "direct" damages.
(d) The proviso in Section 1(c) of this License now refers to this "Non-Profit Open Software License" rather than the "Open Software License". You may distribute or communicate the Original Work or Derivative Works thereof under this Non-Profit OSL 3.0 license only if You make the representation and declaration in paragraph (a) of this Section 17. Otherwise, You shall distribute or communicate the Original Work or Derivative Works thereof only under the OSL 3.0 license and You shall publish clear licensing notices so stating. Also by way of clarification, this License does not authorize You to distribute or communicate works under this Non-Profit OSL 3.0 if You received them under the original OSL 3.0 license.
(e) Original Works licensed under this license shall reference "Non-Profit OSL 3.0" in licensing notices to distinguish them from works licensed under the original OSL 3.0 license.
COPYRIGHT NOTICE:
Copyright 1997-2000, University of Notre Dame.
Authors: Jeremy G. Siek, Jeffery M. Squyres, Michael P. McNally, and
Andrew Lumsdaine
LICENSE AGREEMENT:
In consideration of being allowed to copy and/or use this software,
user agrees to be bound by the terms and conditions of this License
Agreement as "Licensee." This Agreement gives you, the LICENSEE,
certain rights and obligations. By using the software, you indicate
that you have read, understood, and will comply with the following
terms and conditions.
Permission is hereby granted to use or copy this program for any
purpose, provided the text of this NOTICE (to include COPYRIGHT
NOTICE, LICENSE AGREEMENT, and DISCLAIMER) is retained with all
copies. Permission to modify the code and to distribute modified code
is granted, provided the text of this NOTICE is retained, a notice
that the code was modified is included with the above COPYRIGHT NOTICE
and with the COPYRIGHT NOTICE in any modified files, and that this
file ("LICENSE") is distributed with the modified code.
Title to copyright to this software and its derivatives and to any
associated documentation shall at all times remain with Licensor and
LICENSEE agrees to preserve the same. Nothing in this Agreement shall
be construed as conferring rights to use in advertising, publicity or
otherwise any trademark or the name of the University of Notre Dame du
Lac.
DISCLAIMER:
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
By way of example, but not limitation, Licensor MAKES NO
REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE COMPONENTS
OR DOCUMENTATION WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS
OR OTHER RIGHTS.
The Authors and the University of Notre Dame du Lac shall not be held
liable for any liability nor for any direct, indirect or consequential
damages with respect to any claim by LICENSEE or any third party on
account of or arising from this Agreement or use of this software.
Any disputes arising out of this Agreement or LICENSEE'S use of the
software at any time shall be resolved by the courts of the state of
Indiana. LICENSEE hereby consents to the jurisdiction of the Indiana
courts and waives the right to challenge the jurisdiction thereof in
any dispute arising out of this Agreement or Licensee's use of the
software.
Noweb is protected by copyright. It is not public-domain
software or shareware, and it is not protected by a ``copyleft''
agreement like the one used by the Free Software Foundation.
Noweb is available free for any use in any field of endeavor. You may
redistribute noweb in whole or in part provided you acknowledge its
source and include this COPYRIGHT file. You may modify noweb and
create derived works, provided you retain this copyright notice, but
the result may not be called noweb without my written consent.
You may sell noweb if you wish. For example, you may sell a CD-ROM
including noweb.
You may sell a derived work, provided that all source code for your
derived work is available, at no additional charge, to anyone who buys
your derived work in any form. You must give permisson for said
source code to be used and modified under the terms of this license.
You must state clearly that your work uses or is based on noweb and
that noweb is available free of change. You must also request that
bug reports on your work be reported to you.
NETSCAPE PUBLIC LICENSE
Version 1.0
1. Definitions.
1.1. ``Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ``Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ``Executable'' means Covered Code in any form other than Source Code.
1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ``License'' means this document.
1.9. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ``Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. ``Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled ``LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation (``Netscape'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
AMENDMENTS
Additional Terms applicable to the Netscape Public License.
I. Effect.
These additional terms described in this Netscape Public License -- Amendments shall apply to the Mozilla Communicator client code and to all Covered Code under this License.
II. ``Netscape's Branded Code'' means Covered Code that Netscape distributes and/or permits others to distribute under one or more trademark(s) which are controlled by Netscape but which are not licensed for use under this License.
III. Netscape and logo.
This License does not grant any rights to use the trademark ``Netscape'', the ``Netscape N and horizon'' logo or the Netscape lighthouse logo, even if such marks are included in the Original Code.
IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this License, Netscape has licensed third party code for use in Netscape's Branded Code. To the extent that Netscape is limited contractually from making such third party code available under this License, Netscape may choose to reintegrate such code into Covered Code without being required to distribute such code in Source Code form, even if such code would otherwise be considered ``Modifications'' under this License.
V. Use of Modifications and Covered Code by Initial Developer.
V.1. In General.
The obligations of Section 3 apply to Netscape, except to the extent specified in this Amendment, Section V.2 and V.3.
V.2. Other Products.
Netscape may include Covered Code in products other than the Netscape's Branded Code which are released by Netscape during the two (2) years following the release date of the Original Code, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License.
V.3. Alternative Licensing.
Netscape may license the Source Code of Netscape's Branded Code, including Modifications incorporated therein, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License.
VI. Arbitration and Litigation.
Notwithstanding the limitations of Section 11 above, the provisions regarding arbitration and litigation in Section 11(a), (b) and (c) of the License shall apply to all disputes relating to this License.
EXHIBIT A.
``The contents of this file are subject to the Netscape Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is Mozilla Communicator client code, released March 31, 1998.
The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape Communications Corporation. All Rights Reserved.
Contributor(s): .''
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. This is due to time constraints encountered in simultaneously finalizing the License and in preparing the Original Code for release. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
AMENDMENTS
The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla Public License Version 1.1 with the following Amendments, including Exhibit A-Netscape Public License. Files identified with "Exhibit A-Netscape Public License" are governed by the Netscape Public License Version 1.1.
Additional Terms applicable to the Netscape Public License.
I. Effect.
These additional terms described in this Netscape Public License -- Amendments shall apply to the Mozilla Communicator client code and to all Covered Code under this License.
II. ''Netscape's Branded Code'' means Covered Code that Netscape distributes and/or permits others to distribute under one or more trademark(s) which are controlled by Netscape but which are not licensed for use under this License.
III. Netscape and logo.
This License does not grant any rights to use the trademarks "Netscape'', the "Netscape N and horizon'' logo or the "Netscape lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", "Smart Browsing" even if such marks are included in the Original Code or Modifications.
IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this License, Netscape has licensed third party code for use in Netscape's Branded Code. To the extent that Netscape is limited contractually from making such third party code available under this License, Netscape may choose to reintegrate such code into Covered Code without being required to distribute such code in Source Code form, even if such code would otherwise be considered ''Modifications'' under this License.
V. Use of Modifications and Covered Code by Initial Developer.
V.1. In General.
The obligations of Section 3 apply to Netscape, except to the extent specified in this Amendment, Section V.2 and V.3.
V.2. Other Products.
Netscape may include Covered Code in products other than the Netscape's Branded Code which are released by Netscape during the two (2) years following the release date of the Original Code, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License.
V.3. Alternative Licensing.
Netscape may license the Source Code of Netscape's Branded Code, including Modifications incorporated therein, without such Netscape Branded Code becoming subject to the terms of this License, and may license such Netscape Branded Code on different terms from those contained in this License.
VI. Litigation.
Notwithstanding the limitations of Section 11 above, the provisions regarding litigation in Section 11(a), (b) and (c) of the License shall apply to all disputes relating to this License.
EXHIBIT A-Netscape Public License.
''The contents of this file are subject to the Netscape Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is Mozilla Communicator client code, released March 31, 1998.
The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright (C) 1998-1999 Netscape Communications Corporation. All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms of the license (the "[ ] License"), in which case the provisions of [ ] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [ ] License and not to allow others to use your version of this file under the NPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [ ] License. If you do not delete the provisions above, a recipient may use your version of this file under either the NPL or the [ ] License."
Nmap Public Source License Version 0.92
For more information on this license, see https://nmap.org/npsl/
0. Preamble
The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model. It
also includes a Contributor Agreement and disclaims any warranty on
Covered Software. Proprietary software companies wishing to use or
incorporate Covered Software within their programs must contact
Licensor to purchase a separate license. Open source developers who
wish to incorporate parts of Covered Software into free software with
conflicting licenses may write Licensor to request a waiver of terms.
If the Nmap Project (directly or through one of its commercial
licensing customers) has granted you additional rights to Nmap or Nmap
OEM, those additional rights take precedence where they conflict with
the terms of this license agreement.
This License represents the complete agreement concerning subject
matter hereof. It contains the license terms themselves, but not the
reasoning behind them or detailed explanations. For further
information about this License, see https://nmap.org/npsl/ . That page
makes a good faith attempt to explain this License, but it does not
and can not modify its governing terms in any way.
1. Definitions
* "Contribution" means any work of authorship, including the original
version of the Work and any modifications or additions to that Work
or Derivative Works thereof, that is intentionally submitted to
Licensor by the copyright owner or by an individual or Legal Entity
authorized to submit on behalf of the copyright owner. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the Licensor or
its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, web sites,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a
Contribution."
* "Contributor" means Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
* "Covered Software" means the work of authorship, whether in Source
or Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
* "Derivative Work" or "Collective Work" means any work, whether in
Source or Object form, that is based on (or derived from) the Work
and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of
authorship. It includes software as described in Section 3 of this
License.
* "Executable" means Covered Software in any form other than Source Code.
* "Externally Deploy" means to Deploy the Covered Software in any way
that may be accessed or used by anyone other than You, used to
provide any services to anyone other than You, or used in any way to
deliver any content to anyone other than You, whether the Covered
Software is distributed to those parties, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You.
* "GPL" means the GNU General Public License Version 2, as published
by the Free Software Foundation and provided in Exhibit A.
* "Legal Entity" means the union of the acting entity and all other
entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
* "License" means this document, including Exhibits.
* "Licensor" means Insecure.Com LLC and its successors and assigns.
* "Main License Body" means all of the terms of this document,
excluding Exhibits.
* "You" (or "Your") means an individual or Legal Entity exercising
permissions granted by this License.
2. General Terms
Covered Software is licensed to you under the terms of the GPL
(Exhibit A), with all the exceptions, clarifications, and additions
noted in this Main License Body. Where the terms in this Main License
Body conflict in any way with the GPL, the Main License Body terms
shall take precedence. These additional terms mean that You may not
distribute Covered Software or Derivative Works under plain GPL terms
without special permission from Licensor.
You are not required to accept this License. However, nothing else
grants You permission to use, copy, modify or distribute the software
or its derivative works. These actions are prohibited by law if You do
not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You
indicate your acceptance of this License to do so, and all its terms
and conditions. In addition, you agree to the terms of this License by
clicking the Accept button or downloading the software.
3. Derivative Works
This License (including the GPL portion) places important restrictions
on derived works. Licensor interprets that term quite broadly. To
avoid any misunderstandings, we consider software to constitute a
"derivative work" of Covered Software for the purposes of this license
if it does any of the following:
* Integrates source code from Covered Software
* Reads or includes Covered Software data files, such as nmap-os-db or
nmap-service-probes.
* Is designed specifically to execute Covered Software and parse the
results (as opposed to typical shell or execution-menu apps, which
will execute anything you tell them to).
* Includes Covered Software in a proprietary executable installer. The
installers produced by InstallShield are an example of
this. Including Nmap with other software in compressed or archival
form does not trigger this provision, provided appropriate open
source decompression or de-archiving software is widely available
for no charge. For the purposes of this license, an installer is
considered to include Covered Software even if it actually retrieves
a copy of Covered Software from another source during runtime (such
as by downloading it from the Internet).
* Links (statically or dynamically) to a library which does any of the
above
* Executes a helper program, module, or script to do any of the above.
This list is not exclusive, but is meant to clarify Licensor's
intentions with some common examples. Distribution of any works
which meet these criteria must be under the terms of this license
(including this Main License Body and GPL), with no additional
conditions or restrictions. They must abide by all restrictions that
the GPL places on derivative or collective works, including the
requirements for distributing their source code and allowing
royalty-free redistribution.
4. Contributor Agreement (Grant of Copyright and Patent Licenses)
Each Contributor hereby grants to Licensor a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright license
to reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Contribution and such
Derivative Works in Source or Object form.
Each Contributor hereby grants to You and Licensor a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except
as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by such
Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to
which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Work or a Contribution incorporated
within the Work constitutes direct or contributory patent
infringement, then any patent licenses granted to You under this
License for that Work shall terminate as of the date such litigation
is filed.
Contributors may impose different terms on their Contributions by
stating those terms in writing at the time the Contribution is
made. Contributors may withhold all authority from Licensor to
incorporate submissions by conspicuously marking or otherwise
designating them in writing as "Not a Contribution" at the time they
make the work available.
5. Disclaimer of Warranty and Limitation of Liability
Unless required by applicable law or agreed to in writing, Licensor
provides the Covered Software (and each Contributor provides its
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied, including, without limitation,
any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely
responsible for determining the appropriateness of using or
redistributing the Covered Software and assume any risks associated
with Your exercise of permissions under this License.
In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law
(such as deliberate and grossly negligent acts) or agreed to in
writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of
any character arising as a result of this License or out of the use or
inability to use the Covered Software (including but not limited to
damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses), even
if such Contributor has been advised of the possibility of such
damages.
6. External Deployment
If You Externally Deploy Covered Software, such as hosting a website
designed to execute Nmap scans for users, the system and its
documentation must, if technically feasible, prominently display a
notice stating that the system uses the Nmap Security Scanner to
perform its tasks. If technically feasible, the notice must contain a
hyperlink to https://nmap.org/ or provide that URL in the text.
7. Trademarks
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as
required for reasonable and customary use in describing the origin of
the Covered Software.
8. Termination for Patent Action
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the
date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Covered Software
infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by combinations of the Covered
Software with other software or hardware.
9. Jurisdiction, Venue and Governing Law
This License is governed by the laws of the State of Washington and
the intellectual property laws of the United States of America,
excluding the jurisdiction's conflict-of-law provisions. Any
litigation or other dispute resolution between You and Licensor
relating to this License shall take place in the Northern District of
California, and You and Licensor hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within
that District with respect to this License. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
10. Npcap and the Official Nmap Windows Builds
The official Windows Nmap builds includes the Npcap driver and library
(https://npcap.org) for packet capture and transmission on
Windows. That software is under its own separate license terms rather
than this license. Therefore anyone wishing to use or redistribute
both pieces of software must comply with both licenses. Since Npcap
does not allow for redistribution without special permission, the
official Nmap Windows builds which include Npcap may not be
redistributed without special permission. Such permission can be
requested by email to sales@nmap.com.
11. Permission to link with OpenSSL
Licensor grants permission to link Covered Software with any version
of the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two (assuming such distribution is
otherwise allowed by this agreement). You must obey this License in
all respects for all code used other than OpenSSL.
12. Waiver; Construction
Failure by Licensor or any Contributor to enforce any provision of
this License will not be deemed a waiver of future enforcement of that
or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not
apply to this License.
13. Enforceability
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
Exhibit A. The GNU General Public License Version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom
to share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on,
we want its recipients to know that what they have is not the
original, so that any problems introduced by others will not reflect
on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at
all.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the Program
(independent of having been made by running the Program). Whether that
is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice
and disclaimer of warranty; keep intact all the notices that refer to
this License and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the
Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a
fee.
2. You may modify your copy or copies of the Program or any portion of
it, thus forming a work based on the Program, and copy and distribute
such modifications or work under the terms of Section 1 above,
provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.
c) If the modified program normally reads commands interactively when
run, you must cause it, when started running for such interactive use
in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that you provide a warranty) and that
users may redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if the
Program itself is interactive but does not normally print such an
announcement, your work based on the Program is not required to print
an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote
it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable
copy of the corresponding source code, to be distributed under the
terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed
only for noncommercial distribution and only if you received the
program in object code or executable form with such an offer, in
accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt otherwise
to copy, modify, sublicense or distribute the Program is void, and
will automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and
"any later version", you have the option of following the terms and
conditions either of that version or of any later version published by
the Free Software Foundation. If the Program does not specify a
version number of this License, you may choose any version ever
published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by the
Free Software Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be guided by the
two goals of preserving the free status of all derivatives of our free
software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
END OF TERMS AND CONDITIONS
[For brevity, we've cut out the GPL's final section on "How to Apply
Tehse Terms to Your New Program", but you can find that at
https://www.gnu.org/licenses/gpl-2.0.html#SEC4 ]
Nmap Public Source License Version 0.93
For more information on this license, see https://nmap.org/npsl/
0. Preamble
The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model. It
also includes a Contributor Agreement and disclaims any warranty on
Covered Software. Companies wishing to use or incorporate Covered
Software within their own products may find that our Nmap OEM product
(https://nmap.org/oem/) better suits their needs. Open source
developers who wish to incorporate parts of Covered Software into free
software with conflicting licenses may write Licensor to request a
waiver of terms.
If the Nmap Project (directly or through one of its commercial
licensing customers) has granted you additional rights to Nmap or Nmap
OEM, those additional rights take precedence where they conflict with
the terms of this license agreement.
This License represents the complete agreement concerning subject
matter hereof. It contains the license terms themselves, but not the
reasoning behind them or detailed explanations. For further
information about this License, see https://nmap.org/npsl/ . That page
makes a good faith attempt to explain this License, but it does not
and can not modify its governing terms in any way.
1. Definitions
* "Contribution" means any work of authorship, including the original
version of the Work and any modifications or additions to that Work
or Derivative Works thereof, that is intentionally submitted to
Licensor by the copyright owner or by an individual or Legal Entity
authorized to submit on behalf of the copyright owner. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the Licensor or
its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, web sites,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a
Contribution."
* "Contributor" means Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
* "Covered Software" means the work of authorship, whether in Source
or Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
* "Derivative Work" or "Collective Work" means any work, whether in
Source or Object form, that is based on (or derived from) the Work
and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of
authorship. It includes software as described in Section 3 of this
License.
* "Executable" means Covered Software in any form other than Source Code.
* "Externally Deploy" means to Deploy the Covered Software in any way
that may be accessed or used by anyone other than You, used to
provide any services to anyone other than You, or used in any way to
deliver any content to anyone other than You, whether the Covered
Software is distributed to those parties, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You.
* "GPL" means the GNU General Public License Version 2, as published
by the Free Software Foundation and provided in Exhibit A.
* "Legal Entity" means the union of the acting entity and all other
entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
* "License" means this document, including Exhibits.
* "Licensor" means Insecure.Com LLC and its successors and assigns.
* "Main License Body" means all of the terms of this document,
excluding Exhibits.
* "You" (or "Your") means an individual or Legal Entity exercising
permissions granted by this License.
2. General Terms
Covered Software is licensed to you under the terms of the GPL
(Exhibit A), with all the exceptions, clarifications, and additions
noted in this Main License Body. Where the terms in this Main License
Body conflict in any way with the GPL, the Main License Body terms
shall take precedence. These additional terms mean that You may not
distribute Covered Software or Derivative Works under plain GPL terms
without special permission from Licensor.
You are not required to accept this License. However, nothing else
grants You permission to use, copy, modify or distribute the software
or its derivative works. These actions are prohibited by law if You do
not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You
indicate your acceptance of this License to do so, and all its terms
and conditions. In addition, you agree to the terms of this License by
clicking the Accept button or downloading the software.
3. Derivative Works
This License (including the GPL portion) places important restrictions
on derived works. Licensor interprets that term quite broadly. To
avoid any misunderstandings, we consider software to constitute a
"derivative work" of Covered Software for the purposes of this license
if it does any of the following:
* Integrates source code from Covered Software
* Reads or includes Covered Software data files, such as nmap-os-db or
nmap-service-probes.
* Is designed specifically to execute Covered Software and parse the
results (as opposed to typical shell or execution-menu apps, which
will execute anything you tell them to).
* Includes Covered Software in a proprietary executable installer. The
installers produced by InstallShield are an example of
this. Including Nmap with other software in compressed or archival
form does not trigger this provision, provided appropriate open
source decompression or de-archiving software is widely available
for no charge. For the purposes of this license, an installer is
considered to include Covered Software even if it actually retrieves
a copy of Covered Software from another source during runtime (such
as by downloading it from the Internet).
* Links (statically or dynamically) to a library which does any of the
above
* Executes a helper program, module, or script to do any of the above.
This list is not exclusive, but is meant to clarify Licensor's
intentions with some common examples. Distribution of any works
which meet these criteria must be under the terms of this license
(including this Main License Body and GPL), with no additional
conditions or restrictions. They must abide by all restrictions that
the GPL places on derivative or collective works, including the
requirements for distributing their source code and allowing
royalty-free redistribution.
4. Contributor Agreement (Grant of Copyright and Patent Licenses)
Each Contributor hereby grants to Licensor a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright license
to reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Contribution and such
Derivative Works in Source or Object form.
Each Contributor hereby grants to You and Licensor a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except
as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by such
Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to
which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Work or a Contribution incorporated
within the Work constitutes direct or contributory patent
infringement, then any patent licenses granted to You under this
License for that Work shall terminate as of the date such litigation
is filed.
Contributors may impose different terms on their Contributions by
stating those terms in writing at the time the Contribution is
made. Contributors may withhold all authority from Licensor to
incorporate submissions by conspicuously marking or otherwise
designating them in writing as "Not a Contribution" at the time they
make the work available.
5. Disclaimer of Warranty and Limitation of Liability
Unless required by applicable law or agreed to in writing, Licensor
provides the Covered Software (and each Contributor provides its
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied, including, without limitation,
any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely
responsible for determining the appropriateness of using or
redistributing the Covered Software and assume any risks associated
with Your exercise of permissions under this License.
In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law
(such as deliberate and grossly negligent acts) or agreed to in
writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of
any character arising as a result of this License or out of the use or
inability to use the Covered Software (including but not limited to
damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses), even
if such Contributor has been advised of the possibility of such
damages.
6. External Deployment
If You Externally Deploy Covered Software, such as hosting a website
designed to execute Nmap scans for users, the system and its
documentation must, if technically feasible, prominently display a
notice stating that the system uses the Nmap Security Scanner to
perform its tasks. If technically feasible, the notice must contain a
hyperlink to https://nmap.org/ or provide that URL in the text.
7. Trademarks
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as
required for reasonable and customary use in describing the origin of
the Covered Software.
8. Termination for Patent Action
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the
date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Covered Software
infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by combinations of the Covered
Software with other software or hardware.
9. Jurisdiction, Venue and Governing Law
This License is governed by the laws of the State of Washington and
the intellectual property laws of the United States of America,
excluding the jurisdiction's conflict-of-law provisions. Any
litigation or other dispute resolution between You and Licensor
relating to this License shall take place in the Northern District of
California, and You and Licensor hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within
that District with respect to this License. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
10. Npcap and the Official Nmap Windows Builds
The official Windows Nmap builds includes the Npcap driver and library
(https://npcap.org) for packet capture and transmission on
Windows. That software is under its own separate license terms rather
than this license. Therefore anyone wishing to use or redistribute
both pieces of software must comply with both licenses. Since Npcap
does not allow for redistribution without special permission, the
official Nmap Windows builds which include Npcap may not be
redistributed without special permission. Such permission can be
requested by email to sales@nmap.com.
11. Permission to link with OpenSSL
Licensor grants permission to link Covered Software with any version
of the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two (assuming such distribution is
otherwise allowed by this agreement). You must obey this License in
all respects for all code used other than OpenSSL.
12. Waiver; Construction
Failure by Licensor or any Contributor to enforce any provision of
this License will not be deemed a waiver of future enforcement of that
or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not
apply to this License.
13. Enforceability
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
Exhibit A. The GNU General Public License Version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom
to share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on,
we want its recipients to know that what they have is not the
original, so that any problems introduced by others will not reflect
on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at
all.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the Program
(independent of having been made by running the Program). Whether that
is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice
and disclaimer of warranty; keep intact all the notices that refer to
this License and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the
Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a
fee.
2. You may modify your copy or copies of the Program or any portion of
it, thus forming a work based on the Program, and copy and distribute
such modifications or work under the terms of Section 1 above,
provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.
c) If the modified program normally reads commands interactively when
run, you must cause it, when started running for such interactive use
in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that you provide a warranty) and that
users may redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if the
Program itself is interactive but does not normally print such an
announcement, your work based on the Program is not required to print
an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote
it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable
copy of the corresponding source code, to be distributed under the
terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed
only for noncommercial distribution and only if you received the
program in object code or executable form with such an offer, in
accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt otherwise
to copy, modify, sublicense or distribute the Program is void, and
will automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and
"any later version", you have the option of following the terms and
conditions either of that version or of any later version published by
the Free Software Foundation. If the Program does not specify a
version number of this License, you may choose any version ever
published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by the
Free Software Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be guided by the
two goals of preserving the free status of all derivatives of our free
software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
END OF TERMS AND CONDITIONS
[For brevity, we've cut out the GPL's final section on "How to Apply
Tehse Terms to Your New Program", but you can find that at
https://www.gnu.org/licenses/gpl-2.0.html#SEC4 ]
Nmap Public Source License Version 0.94
For more information on this license, see https://nmap.org/npsl/
0. Preamble
The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model. It
also includes a Contributor Agreement and disclaims any warranty on
Covered Software. Companies wishing to use or incorporate Covered
Software within their own products may find that our Nmap OEM product
(https://nmap.org/oem/) better suits their needs. Open source
developers who wish to incorporate parts of Covered Software into free
software with conflicting licenses may write Licensor to request a
waiver of terms.
If the Nmap Project (directly or through one of its commercial
licensing customers) has granted you additional rights to Nmap or Nmap
OEM, those additional rights take precedence where they conflict with
the terms of this license agreement.
This License represents the complete agreement concerning subject
matter hereof. It contains the license terms themselves, but not the
reasoning behind them or detailed explanations. For further
information about this License, see https://nmap.org/npsl/ . That page
makes a good faith attempt to explain this License, but it does not
and can not modify its governing terms in any way.
1. Definitions
* "Contribution" means any work of authorship, including the original
version of the Work and any modifications or additions to that Work
or Derivative Works thereof, that is intentionally submitted to
Licensor by the copyright owner or by an individual or Legal Entity
authorized to submit on behalf of the copyright owner. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the Licensor or
its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, web sites,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a
Contribution."
* "Contributor" means Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
* "Covered Software" means the work of authorship, whether in Source
or Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
* "Derivative Work" or "Collective Work" means any work, whether in
Source or Object form, that is based on (or derived from) the Work
and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of
authorship. It includes software as described in Section 3 of this
License.
* "Executable" means Covered Software in any form other than Source Code.
* "Externally Deploy" means to Deploy the Covered Software in any way
that may be accessed or used by anyone other than You, used to
provide any services to anyone other than You, or used in any way to
deliver any content to anyone other than You, whether the Covered
Software is distributed to those parties, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You.
* "GPL" means the GNU General Public License Version 2, as published
by the Free Software Foundation and provided in Exhibit A.
* "Legal Entity" means the union of the acting entity and all other
entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
* "License" means this document, including Exhibits.
* "Licensor" means Nmap Software LLC and its successors and assigns.
* "Main License Body" means all of the terms of this document,
excluding Exhibits.
* "You" (or "Your") means an individual or Legal Entity exercising
permissions granted by this License.
2. General Terms
Covered Software is licensed to you under the terms of the GPL
(Exhibit A), with all the exceptions, clarifications, and additions
noted in this Main License Body. Where the terms in this Main License
Body conflict in any way with the GPL, the Main License Body terms
shall take precedence. These additional terms mean that You may not
distribute Covered Software or Derivative Works under plain GPL terms
without special permission from Licensor.
You are not required to accept this License. However, nothing else
grants You permission to use, copy, modify or distribute the software
or its derivative works. These actions are prohibited by law if You do
not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You
indicate your acceptance of this License to do so, and all its terms
and conditions. In addition, you agree to the terms of this License by
clicking the Accept button or downloading the software.
3. Derivative Works
This License (including the GPL portion) places important restrictions
on derived works. Licensor interprets that term quite broadly. To
avoid any misunderstandings, we consider software to constitute a
"derivative work" of Covered Software for the purposes of this license
if it does any of the following:
* Integrates source code from Covered Software
* Reads or includes Covered Software data files, such as nmap-os-db or
nmap-service-probes.
* Is designed specifically to execute Covered Software and parse the
results (as opposed to typical shell or execution-menu apps, which
will execute anything you tell them to).
* Includes Covered Software in a proprietary executable installer. The
installers produced by InstallShield are an example of
this. Including Nmap with other software in compressed or archival
form does not trigger this provision, provided appropriate open
source decompression or de-archiving software is widely available
for no charge. For the purposes of this license, an installer is
considered to include Covered Software even if it actually retrieves
a copy of Covered Software from another source during runtime (such
as by downloading it from the Internet).
* Links (statically or dynamically) to a library which does any of the
above
* Executes a helper program, module, or script to do any of the above.
This list is not exclusive, but is meant to clarify Licensor's
intentions with some common examples. Distribution of any works
which meet these criteria must be under the terms of this license
(including this Main License Body and GPL), with no additional
conditions or restrictions. They must abide by all restrictions that
the GPL places on derivative or collective works, including the
requirements for distributing their source code and allowing
royalty-free redistribution.
4. Contributor Agreement (Grant of Copyright and Patent Licenses)
Each Contributor hereby grants to Licensor a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright license
to reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Contribution and such
Derivative Works in Source or Object form.
Each Contributor hereby grants to You and Licensor a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except
as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by such
Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to
which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Work or a Contribution incorporated
within the Work constitutes direct or contributory patent
infringement, then any patent licenses granted to You under this
License for that Work shall terminate as of the date such litigation
is filed.
Contributors may impose different terms on their Contributions by
stating those terms in writing at the time the Contribution is
made. Contributors may withhold all authority from Licensor to
incorporate submissions by conspicuously marking or otherwise
designating them in writing as "Not a Contribution" at the time they
make the work available.
5. Disclaimer of Warranty and Limitation of Liability
Unless required by applicable law or agreed to in writing, Licensor
provides the Covered Software (and each Contributor provides its
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied, including, without limitation,
any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely
responsible for determining the appropriateness of using or
redistributing the Covered Software and assume any risks associated
with Your exercise of permissions under this License.
In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law
(such as deliberate and grossly negligent acts) or agreed to in
writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of
any character arising as a result of this License or out of the use or
inability to use the Covered Software (including but not limited to
damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses), even
if such Contributor has been advised of the possibility of such
damages.
6. External Deployment
If You Externally Deploy Covered Software, such as hosting a website
designed to execute Nmap scans for users, the system and its
documentation must, if technically feasible, prominently display a
notice stating that the system uses the Nmap Security Scanner to
perform its tasks. If technically feasible, the notice must contain a
hyperlink to https://nmap.org/ or provide that URL in the text.
7. Trademarks
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as
required for reasonable and customary use in describing the origin of
the Covered Software.
8. Termination for Patent Action
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the
date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Covered Software
infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by combinations of the Covered
Software with other software or hardware.
9. Jurisdiction, Venue and Governing Law
This License is governed by the laws of the State of Washington and
the intellectual property laws of the United States of America,
excluding the jurisdiction's conflict-of-law provisions. Any
litigation or other dispute resolution between You and Licensor
relating to this License shall take place in the Northern District of
California, and You and Licensor hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within
that District with respect to this License. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
10. Npcap and the Official Nmap Windows Builds
The official Windows Nmap builds includes the Npcap driver and library
(https://npcap.org) for packet capture and transmission on
Windows. That software is under its own separate license terms rather
than this license. Therefore anyone wishing to use or redistribute
both pieces of software must comply with both licenses. Since Npcap
does not allow for redistribution without special permission, the
official Nmap Windows builds which include Npcap may not be
redistributed without special permission. Such permission can be
requested by email to sales@nmap.com.
11. Permission to link with OpenSSL
Licensor grants permission to link Covered Software with any version
of the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two (assuming such distribution is
otherwise allowed by this agreement). You must obey this License in
all respects for all code used other than OpenSSL.
12. Waiver; Construction
Failure by Licensor or any Contributor to enforce any provision of
this License will not be deemed a waiver of future enforcement of that
or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not
apply to this License.
13. Enforceability
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
Exhibit A. The GNU General Public License Version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom
to share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on,
we want its recipients to know that what they have is not the
original, so that any problems introduced by others will not reflect
on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at
all.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the Program
(independent of having been made by running the Program). Whether that
is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice
and disclaimer of warranty; keep intact all the notices that refer to
this License and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the
Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a
fee.
2. You may modify your copy or copies of the Program or any portion of
it, thus forming a work based on the Program, and copy and distribute
such modifications or work under the terms of Section 1 above,
provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.
c) If the modified program normally reads commands interactively when
run, you must cause it, when started running for such interactive use
in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that you provide a warranty) and that
users may redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if the
Program itself is interactive but does not normally print such an
announcement, your work based on the Program is not required to print
an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote
it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable
copy of the corresponding source code, to be distributed under the
terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed
only for noncommercial distribution and only if you received the
program in object code or executable form with such an offer, in
accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt otherwise
to copy, modify, sublicense or distribute the Program is void, and
will automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and
"any later version", you have the option of following the terms and
conditions either of that version or of any later version published by
the Free Software Foundation. If the Program does not specify a
version number of this License, you may choose any version ever
published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by the
Free Software Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be guided by the
two goals of preserving the free status of all derivatives of our free
software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
END OF TERMS AND CONDITIONS
[For brevity, we've cut out the GPL's final section on "How to Apply
These Terms to Your New Program", but you can find that at
https://www.gnu.org/licenses/gpl-2.0.html#SEC4 ]
Nmap Public Source License Version 0.95
For more information on this license, see https://nmap.org/npsl/
0. Preamble
The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model. It
also includes a Contributor Agreement and disclaims any warranty on
Covered Software. Companies wishing to use or incorporate Covered
Software within their own products may find that our Nmap OEM product
(https://nmap.org/oem/) better suits their needs. Open source
developers who wish to incorporate parts of Covered Software into free
software with conflicting licenses may write Licensor to request a
waiver of terms.
If the Nmap Project (directly or through one of its commercial
licensing customers) has granted you additional rights to Nmap or Nmap
OEM, those additional rights take precedence where they conflict with
the terms of this license agreement.
This License represents the complete agreement concerning subject
matter hereof. It contains the license terms themselves, but not the
reasoning behind them or detailed explanations. For further
information about this License, see https://nmap.org/npsl/ . That page
makes a good faith attempt to explain this License, but it does not
and can not modify its governing terms in any way.
1. Definitions
* "Contribution" means any work of authorship, including the original
version of the Work and any modifications or additions to that Work
or Derivative Works thereof, that is intentionally submitted to
Licensor by the copyright owner or by an individual or Legal Entity
authorized to submit on behalf of the copyright owner. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the Licensor or
its representatives, including but not limited to communication on
electronic mailing lists, source code control systems, web sites,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a
Contribution."
* "Contributor" means Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
* "Covered Software" means the work of authorship, whether in Source
or Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
* "Derivative Work" or "Collective Work" means any work, whether in
Source or Object form, that is based on (or derived from) the Work
and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of
authorship. It includes software as described in Section 3 of this
License.
* "Executable" means Covered Software in any form other than Source Code.
* "Externally Deploy" means to Deploy the Covered Software in any way
that may be accessed or used by anyone other than You, used to
provide any services to anyone other than You, or used in any way to
deliver any content to anyone other than You, whether the Covered
Software is distributed to those parties, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You.
* "GPL" means the GNU General Public License Version 2, as published
by the Free Software Foundation and provided in Exhibit A.
* "Legal Entity" means the union of the acting entity and all other
entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
* "License" means this document, including Exhibits.
* "Licensor" means Nmap Software LLC and its successors and assigns.
* "Main License Body" means all of the terms of this document,
excluding Exhibits.
* "You" (or "Your") means an individual or Legal Entity exercising
permissions granted by this License.
2. General Terms
Covered Software is licensed to you under the terms of the GPL
(Exhibit A), with all the exceptions, clarifications, and additions
noted in this Main License Body. Where the terms in this Main License
Body conflict in any way with the GPL, the Main License Body terms
shall take precedence. These additional terms mean that You may not
distribute Covered Software or Derivative Works under plain GPL terms
without special permission from Licensor.
You are not required to accept this License. However, nothing else
grants You permission to use, copy, modify or distribute the software
or its derivative works. These actions are prohibited by law if You do
not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You
indicate your acceptance of this License to do so, and all its terms
and conditions. In addition, you agree to the terms of this License by
clicking the Accept button or downloading the software.
3. Derivative Works
This License (including the GPL portion) places important restrictions
on derived works. Licensor interprets that term quite broadly. To
avoid any misunderstandings, we consider software to constitute a
"derivative work" of Covered Software for the purposes of this license
if it does any of the following:
* Integrates source code from Covered Software
* Reads or includes Covered Software data files, such as nmap-os-db or
nmap-service-probes.
* Is designed specifically to execute Covered Software and parse the
results (as opposed to typical shell or execution-menu apps, which
will execute anything you tell them to).
* Includes Covered Software in a proprietary executable installer. The
installers produced by InstallShield are an example of
this. Including Nmap with other software in compressed or archival
form does not trigger this provision, provided appropriate open
source decompression or de-archiving software is widely available
for no charge. For the purposes of this license, an installer is
considered to include Covered Software even if it actually retrieves
a copy of Covered Software from another source during runtime (such
as by downloading it from the Internet).
* Links (statically or dynamically) to a library which does any of the
above
* Executes a helper program, module, or script to do any of the above.
This list is not exclusive, but is meant to clarify Licensor's
intentions with some common examples. Distribution of any works which
meet these criteria (and that also choose to accept this license to
benefit from the rights granted herein) must be under the terms of
this license (including this Main License Body and GPL), with no
additional conditions or restrictions. They must abide by all
restrictions that the GPL places on derivative or collective works,
including the requirements for distributing their source code and
allowing royalty-free redistribution.
Licensor does not purport to control through this license any software
which does not require the rights granted herein (such as rights to
redistribute and/or incorporate Covered Software executables and
source code). In particular, many software packages include the
ability to parse Covered Software results provided by an end user or
to execute Covered Software that end user may have already installed
on their system. To the extent that copyright doctrines such as fair
use allow their practices without the need to exercise any rights
granted by this license, vendors and distributors of such software are
not bound by our definition of derivative works or any other clauses
in this license.
4. Contributor Agreement (Grant of Copyright and Patent Licenses)
Each Contributor hereby grants to Licensor a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright license
to reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Contribution and such
Derivative Works in Source or Object form.
Each Contributor hereby grants to You and Licensor a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except
as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by such
Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to
which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Work or a Contribution incorporated
within the Work constitutes direct or contributory patent
infringement, then any patent licenses granted to You under this
License for that Work shall terminate as of the date such litigation
is filed.
Contributors may impose different terms on their Contributions by
stating those terms in writing at the time the Contribution is
made. Contributors may withhold all authority from Licensor to
incorporate submissions by conspicuously marking or otherwise
designating them in writing as "Not a Contribution" at the time they
make the work available.
5. Disclaimer of Warranty and Limitation of Liability
Unless required by applicable law or agreed to in writing, Licensor
provides the Covered Software (and each Contributor provides its
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied, including, without limitation,
any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely
responsible for determining the appropriateness of using or
redistributing the Covered Software and assume any risks associated
with Your exercise of permissions under this License.
In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law
(such as deliberate and grossly negligent acts) or agreed to in
writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of
any character arising as a result of this License or out of the use or
inability to use the Covered Software (including but not limited to
damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses), even
if such Contributor has been advised of the possibility of such
damages.
6. External Deployment
If You Externally Deploy Covered Software, such as hosting a website
designed to execute Nmap scans for users, the system and its
documentation must, if technically feasible, prominently display a
notice stating that the system uses the Nmap Security Scanner to
perform its tasks. If technically feasible, the notice must contain a
hyperlink to https://nmap.org/ or provide that URL in the text.
7. Trademarks
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as
required for reasonable and customary use in describing the origin of
the Covered Software.
8. Termination for Patent Action
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the
date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Covered Software
infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by combinations of the Covered
Software with other software or hardware.
9. Jurisdiction, Venue and Governing Law
This License is governed by the laws of the State of Washington and
the intellectual property laws of the United States of America,
excluding the jurisdiction's conflict-of-law provisions. Any
litigation or other dispute resolution between You and Licensor
relating to this License shall take place in the Northern District of
California, and You and Licensor hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within
that District with respect to this License. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
10. Npcap and the Official Nmap Windows Builds
The official Windows Nmap builds includes the Npcap driver and library
(https://npcap.com) for packet capture and transmission on
Windows. That software is under its own separate license terms rather
than this license. Therefore anyone wishing to use or redistribute
both pieces of software must comply with both licenses. Since Npcap
does not allow for redistribution without special permission, the
official Nmap Windows builds which include Npcap may not be
redistributed without special permission. Such permission can be
requested by email to sales@nmap.com.
11. Permission to link with OpenSSL
Licensor grants permission to link Covered Software with any version
of the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two (assuming such distribution is
otherwise allowed by this agreement). You must obey this License in
all respects for all code used other than OpenSSL.
12. Waiver; Construction
Failure by Licensor or any Contributor to enforce any provision of
this License will not be deemed a waiver of future enforcement of that
or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not
apply to this License.
13. Enforceability
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
Exhibit A. The GNU General Public License Version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom
to share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on,
we want its recipients to know that what they have is not the
original, so that any problems introduced by others will not reflect
on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at
all.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the Program
(independent of having been made by running the Program). Whether that
is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice
and disclaimer of warranty; keep intact all the notices that refer to
this License and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the
Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a
fee.
2. You may modify your copy or copies of the Program or any portion of
it, thus forming a work based on the Program, and copy and distribute
such modifications or work under the terms of Section 1 above,
provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.
c) If the modified program normally reads commands interactively when
run, you must cause it, when started running for such interactive use
in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that you provide a warranty) and that
users may redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if the
Program itself is interactive but does not normally print such an
announcement, your work based on the Program is not required to print
an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote
it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable
copy of the corresponding source code, to be distributed under the
terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed
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[For brevity, we've cut out the GPL's final section on "How to Apply
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https://www.gnu.org/licenses/gpl-2.0.html#SEC4 ]
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COPYRIGHT AND LICENCE
This application is free software. This code is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. You may freely use, copy and distribute this software as long as all copyright notices, including this notice, remain intact and that you do not try to claim it as your own or try to sell it. You may alter the code as long as you send me any diffs (this will ensure that you have an easier time of it when you upgrade ;).
Parts of this code Copyright (C) 2007 David (Buzz) Bussenschutt. <davidbuzz@gmail.com>
Perl port of this code is Copyright (C) 2001 Mark Bush. <Mark.Bush@bushnet.demon.co.uk>
The code is originally based on fetchmail code which is Copyright (C) 1997 Eric S. Raymond.
Fetchmail uses SMB/Netbios code from samba which is Copyright (C) Andrew Tridgell 1992-1998 with modifications from Jeremy Allison.
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Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment (see the following) in the product documentation is required.
Portions Copyright © 2002-2012 Charlie Poole
or Copyright © 2002-2004 James W. Newkirk, Michael C. Two, Alexei A. Vorontsov
or Copyright © 2000-2002 Philip A. Craig
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NVIDIA CORPORATION
NVIDIA APEX SDK END USER LICENSE AGREEMENT
Welcome to the new world of game development physical asset creation provided to you
with the APEX SDK from NVIDIA®.
NVIDIA Corporation (“NVIDIA”) is willing to license the APEX SDK and the
accompanying documentation, samples applications, utilities, and asset authoring
libraries to you only on the condition that you accept all the terms in this License
Agreement (“Agreement”).
IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THE ACCOMPANYING NVIDIA APEX SDK.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS
NOT WILLING TO LICENSE THE APEX SDK TO YOU. IF YOU DO NOT AGREE
TO THESE TERMS, YOU SHALL DESTROY THIS ENTIRE PRODUCT AND
PROVIDE EMAIL VERIFICATION TO PHYSXLICENCING@NVIDIA.COM OF
DELETION OF ALL COPIES OF THE ENTIRE PRODUCT.
NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO
TIME. ANY USE OF THE APEX SDK WILL BE SUBJECT TO SUCH UPDATED
TERMS. A CURRENT VERSION OF THIS AGREEMENT IS POSTED ON
NVIDIA’S DEVELOPER WEBSITE: www.developer.nvidia.com/apex
1. Definitions.
“Physics Application” means a software application designed for use and fully
compatible with the PhysX and APEX SDK and/or NVIDIA Graphics processor
products, including but not limited to, a video game, visual simulation, movie, or other
product. “APEX Software Development Kit” or “APEX SDK” means the set of
instructions for computers, in executable form and in any media (which may include
diskette, CD-ROM, downloadable internet, hardware, or firmware) comprising
NVIDIA’s proprietary Software Development Kit and related media and printed
materials, including Redistributable Code, Sample Code, reference guides and manuals,
installation routines, API’s, libraries, any subsequent updates or adaptations provided by
NVIDIA, whether with this installation or as separately downloaded. “Sample Code”
means the sample interface or application source and object code files contained within
the APEX SDK’s “Samples” directory or made available for download from the PhysX
developer site and designated as sample code.
2. License. NVIDIA grants you (“you”) a limited, non-exclusive, non-transferable
world-wide, royalty-free license to (a) internally install, use and display the APEX SDK,
solely for purposes of developing APEX asset content for Physics Applications; (b)
internally use, copy, modify and compile the Sample Code to design, develop and test
APEX assets; and (c) reproduce and distribute the Redistributable Code only in object
code form and only as fully integrated into Physics Applications, provided you meet and
comply with all requirements of this Agreement.
In addition, you may not and shall not permit others to:
(i) modify, reproduce, de-compile, reverse engineer or translate the APEX
SDK; or
(ii) distribute or transfer the APEX SDK other than as part of the Physics
Application.
Except as expressly granted herein, no other license under any patent, copyright, trade
secret, trademark or other intellectual property right is granted to or conferred upon you
by this Agreement. All other rights are expressly reserved by NVIDIA and its licensors.
3. Redistribution; Physics Applications. Any redistribution of the APEX SDK (in
accordance with Section 2 above) or portions thereof must be subject to an end user
license agreement including language that
(a) prohibits the end user from modifying, reproducing, de-compiling, reverse
engineering or translating the APEX SDK;
(b) prohibits the end user from distributing or transferring the APEX SDK other
than as part of the Physics Application;
(c) disclaims any and all warranties on behalf of NVIDIA and its affiliated
companies and licensors;
(d) disclaims, to the maximum extent permitted by law, NVIDIA’s, its affiliated
companies and its licensors' liability for all damages, direct or indirect, incidental or
consequential, that may arise from any use of the APEX SDK and/or Physics
Application;
(e) requires the end user to agree not to export the APEX SDK and/or Physics
Application, directly or indirectly, in violation of any U.S. laws; and
YOU ARE REQUIRED TO NOTIFY NVIDIA PRIOR TO USE OF THE APEX SDK
IN THE DEVELOPMENT OF ANY COMMERCIAL PHYSICS APPLICATION.
PLEASE SEND NOTIFICATION BY EMAIL TO:
PHYSXLICENSING@NVIDIA.COM AND PROVIDE THE FOLLOWING
INFORMATION IN THE EMAIL:
- COMPANY NAME
- PUBLISHER NAME
- GAME TITLE
- PLATFORMS (I.E. PC, XBOX, PS3, WII)
- SCHEDULED SHIP DATE
ANY COMMERCIAL PHYSICS APPLICATION INTEGRATING THE APEX SDK IS
SUBJECT TO A LICENSE TO NVIDIA FOR USE AND PUBLIC DISPLAY OF
SUCH PHYSICS APPLICATION FOR ADVERTISING AND MARKETING
PURPOSES.
FAILURE TO NOTIFY NVIDIA PURSUANT TO THIS SECTION AND FAILURE
TO PROVIDE ATTRIBUTION PURSUANT TO SECTION 6 SHALL BE
CONSIDERED A MATERIAL BREACH OF THIS AGREEMENT.
4. Ownership, Protections. The APEX SDK is owned by NVIDIA and NVIDIA
licensors, and is protected by United States copyright laws, international treaty
provisions, and other applicable laws. With regard to any copies made, you agree to
reproduce any copyright notices and other proprietary legends included on the original.
NVIDIA copyright notice(s) may appear in any of several forms, including machinereadable
form, and you agree to reproduce such notice in each form in which it appears.
Title and copyrights to the APEX SDK and any copies made by you remain with
NVIDIA and its licensors. You acknowledge that the APEX SDK contain valuable
proprietary information and trade secrets and that unauthorized or improper use of the
APEX SDK will result in irreparable harm to NVIDIA and its licensors for which
monetary damages would be inadequate and for which NVIDIA and its licensors will be
entitled to immediate injunctive relief. Subject to the rights of NVIDIA and its licensors
in the APEX SDK and the Sample Code, you own your modifications to the Sample
Code.
5. Restrictions. You will not, and will not permit others to: (a) modify, translate,
decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of any
portion of the APEX SDK except the Sample Code, (b) copy the look-and-feel or
functionality of any portion of the APEX SDK except the Sample Code; (c) remove any
proprietary notices, marks, labels, or logos from the APEX SDK or any portion thereof;
(d) rent, transfer or use as a service bureau all or some of the APEX SDK without
NVIDIA’s prior written consent, except in the form of Physics Applications and subject
to the requirements of this Agreement; (e) utilize any computer software or hardware
which is designed to defeat any copy protection device, should the APEX SDK be
equipped with such a protection device; or (f) use the NVIDIA Licensed Software in any
manner that would cause the NVIDIA Licensed Software to become subject to an Open
Source License. "Open Source License" includes, without limitation, a software license
that requires as a condition of use, modification, and/or distribution of such software that
the NVIDIA Licensed Software be (i) disclosed or distributed in source code form; (ii) be
licensed for the purpose of making derivative works; or (iii) be redistributable at no
charge. Unauthorized copying of the APEX SDK, or failure to comply with any of the
provisions of this Agreement, will result in automatic termination of this license.
6. Attribution Requirements and Trademark License. You must provide attribution
to NVIDIA.
A: You will include a reference to the APEX SDK and NVIDIA in any press releases
for such Game that relate to NVIDIA, or in-game physics, and will identify
NVIDIA as the provider of "APEX" (or such other term or phrase as indicated by
NVIDIA from time to time).
B: For Games, Demos, and Videos that incorporate the APEX SDK or portions
thereof, the NVIDIA logos must appear:
a. on the back cover of the instruction manual or similar placement in an
electronic file for the purpose of acknowledgement/copyright/trademark
notice;
b. on external packaging;
c. during opening marquee or credits with inclusion of “NVIDIA”;
d. must appear on title marketing feature list with a specific call-out of
NVIDIA APEX Technology
e. on the credit screen; and
f. in the “About” or “Info” box menu items (or equivalent) of all Physics
Games or Applications using any portion of the APEX SDK.
C: Provide a quote citing the Licensee’s integration of the APEX SDK into the Game
or Application for NVIDIA’s use in press materials and website.
D: Refer to NVIDIA’s APEX SDK in all press coverage referring to the use APEX
in the development of any Game or Application.
FAILURE TO PROVIDE ATTRIBUTION PURSUANT TO THIS SECTION SHALL
BE CONSIDERED A MATERIAL BREACH OF THIS AGREEMENT.
Except as expressly set forth in this Section 6, or in a separate written agreement with
NVIDIA, you may not use NVIDIA's trademarks, whether registered or unregistered, in
connection with the Physics Application in any manner or imply that NVIDIA endorses
or otherwise approves of the Physics Application or that you and NVIDIA are in any way
affiliated. Your use of the NVIDIA name under this Agreement does not create any
right, title or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill
arising from your use inure solely to the benefit of NVIDIA.
7. DISCLAIMER. EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTY, THE APEX SDK IS PROVIDED “AS IS” AND NVIDIA AND ITS
LICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY
COMMUNICATION WITH YOU. NVIDIA SPECIFICALLY DISCLAIMS ANY
OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. NVIDIA MAKES NO WARRANTY
WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF
THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.
8. Remedies. The entire liability of NVIDIA and its licensors, and your exclusive
remedy under the warranty provided herein will be, at NVIDIA’s option, to replace any
media found to be defective within the warranty period, or to refund the purchase price
and terminate this Agreement. To seek such a remedy, you must return the entire APEX
SDK to NVIDIA, with a copy of the original purchase receipt within the warranty period.
9. Confidential Information. All technical and business information disclosed by
NVIDIA to you under this Agreement, including but not limited to source code,
documentation, technical assistance and any confidential information pertaining to
NVIDIA’s business or products, are to be considered “NVIDIA Confidential
Information.” You will not disclose any portion of NVIDIA Confidential Information to
any third party and will protect all NVIDIA Confidential Information with the same
degree of care as you use to protect your own information of a confidential or proprietary
nature, but always with at least a reasonable degree of care. This obligation of
confidentiality will survive termination and/or expiration of this Agreement for any
reason.
10. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF NVIDIA AND
ITS LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT
EXCEED $100 IN THE AGGREGATE. IN NO EVENT WILL NVIDIA OR ITS
LICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING
WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR INJURY
TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF
WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit limitations of
liability for incidental or consequential damages, so the above exclusions may not apply
to you.
11. Customer and Technical Support. You will be solely responsible for providing
customer and technical support to end users of the Physics Application for all features of
the Physics Application, including those features that relate to integration, functionality
or compatibility of the Physics Application with NVIDIA products. NVIDIA may
provide you with technical support related to use of the APEX SDK under terms and
conditions as posted on the NVIDIA PhysX developer website, which may, in NVIDIA’s
sole discretion, be changed from time to time.
12. Term of License; Termination. Your right to use the APEX SDK will begin when
you click the “ACCEPT” button, which constitutes acceptance of the terms and
conditions herein. The license is effective until otherwise terminated. You may
terminate it at any time by destroying the APEX SDK and all portions thereof, together
with all copies in any form. If you fail to comply with any material term or condition of
this Agreement and do not cure the noncompliance within 30 days of receipt of written
notice of noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct
any further development under Sections 2(a) and (b) of this Agreement ("Partial
Termination"). Upon Partial Termination, you will certify to NVIDIA in writing that the
original and all stand-alone copies, in whole or in part, of the APEX SDK have been
destroyed. Upon Partial Termination, you may continue to distribute any Physics
Application that has been commercially released prior to such termination subject to
prospective compliance with this Agreement. Upon any other termination, you will
certify to NVIDIA in writing that the original and all copies, in whole or in part, of the
APEX SDK have been destroyed, including those portions contained within any
unshipped Physics Applications.
13. Governing Law. This Agreement will be governed by the laws of the United
States of America to the extent that they apply and otherwise by the laws of the State of
California, without reference to principles of conflicts of law.
14. Export. You agree and certify that no portion of the APEX SDK nor any other
technical data received from NVIDIA will be exported outside the United States except
as authorized and as permitted by the laws and regulations of the United States. If you
have rightfully obtained the APEX SDK outside of the United States, you agree that you
will not re-export any portion of the APEX SDK nor any other technical data received
from NVIDIA, except as permitted by the laws and regulations of the United States and
the laws and regulations of the jurisdiction in which you obtained the APEX SDK.
15. Assignment. You may not sublicense, assign or transfer this Agreement or the
APEX SDK except as expressly provided in this Agreement. Any attempt to otherwise
sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and
void.
16. Survival. The parties agree that where the context of any provision indicates an
intent that it will survive the term of this Agreement, then it will survive. All terms of
this Agreement survive Partial Termination except Sections 2(a) and (b).
17. Entire Agreement. This Agreement contains the parties’ entire agreement
regarding your use of the APEX SDK and may be amended only in writing signed by
both parties.
Copyright 2011 NVIDIA Corporation. All rights reserved.
US AND INTERNATIONAL PATENTS PENDING.
Rev (7-22-11)
The terms in this supplement govern your use of the NVIDIA CUDA Toolkit SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.
2.1. License Scope
The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs.
2.2. Distribution
The portions of the SDK that are distributable under the Agreement are listed in Attachment A.
2.3. Operating Systems
Those portions of the SDK designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed for use in accordance with this Agreement, provided that the object code files are not modified in any way (except for unzipping of compressed files).
2.4. Audio and Video Encoders and Decoders
You acknowledge and agree that it is your sole responsibility to obtain any additional third-party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any third-party software and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not grant to you under this Agreement any necessary patent or other rights with respect to any audio and/or video encoders and decoders.
2.5. Licensing
If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at nvidia-compute-license-questions@nvidia.com.
2.6. Attachment A
The following CUDA Toolkit files may be distributed with Licensee Applications developed by you, including certain variations of these files that have version number or architecture specific information embedded in the file name - as an example only, for release version 9.0 of the 64-bit Windows software, the file cudart64_90.dll is redistributable.
Component CUDA Runtime
Windows cudart.dll, cudart_static.lib, cudadevrt.lib
Mac OSX libcudart.dylib, libcudart_static.a, libcudadevrt.a
Linux libcudart.so, libcudart_static.a, libcudadevrt.a
Android libcudart.so, libcudart_static.a, libcudadevrt.a
Component CUDA FFT Library
Windows cufft.dll, cufftw.dll, cufft.lib, cufftw.lib
Mac OSX libcufft.dylib, libcufft_static.a, libcufftw.dylib, libcufftw_static.a
Linux libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
Android libcufft.so, libcufft_static.a, libcufftw.so, libcufftw_static.a
Component CUDA BLAS Library
Windows cublas.dll, cublasLt.dll
Mac OSX libcublas.dylib, libcublasLt.dylib, libcublas_static.a, libcublasLt_static.a
Linux libcublas.so, libcublasLt.so, libcublas_static.a, libcublasLt_static.a
Android libcublas.so, libcublasLt.so, libcublas_static.a, libcublasLt_static.a
Component NVIDIA "Drop-in" BLAS Library
Windows nvblas.dll
Mac OSX libnvblas.dylib
Linux libnvblas.so
Component CUDA Sparse Matrix Library
Windows cusparse.dll, cusparse.lib
Mac OSX libcusparse.dylib, libcusparse_static.a
Linux libcusparse.so, libcusparse_static.a
Android libcusparse.so, libcusparse_static.a
Component CUDA Linear Solver Library
Windows cusolver.dll, cusolver.lib
Mac OSX libcusolver.dylib, libcusolver_static.a
Linux libcusolver.so, libcusolver_static.a
Android libcusolver.so, libcusolver_static.a
Component CUDA Random Number Generation Library
Windows curand.dll, curand.lib
Mac OSX libcurand.dylib, libcurand_static.a
Linux libcurand.so, libcurand_static.a
Android libcurand.so, libcurand_static.a
Component NVIDIA Performance Primitives Library
Windows nppc.dll, nppc.lib, nppial.dll, nppial.lib, nppicc.dll, nppicc.lib, nppicom.dll, nppicom.lib, nppidei.dll, nppidei.lib, nppif.dll, nppif.lib, nppig.dll, nppig.lib, nppim.dll, nppim.lib, nppist.dll, nppist.lib, nppisu.dll, nppisu.lib, nppitc.dll, nppitc.lib, npps.dll, npps.lib
Mac OSX libnppc.dylib, libnppc_static.a, libnppial.dylib, libnppial_static.a, libnppicc.dylib, libnppicc_static.a, libnppicom.dylib, libnppicom_static.a, libnppidei.dylib, libnppidei_static.a, libnppif.dylib, libnppif_static.a, libnppig.dylib, libnppig_static.a, libnppim.dylib, libnppisu_static.a, libnppitc.dylib, libnppitc_static.a, libnpps.dylib, libnpps_static.a
Linux libnppc.so, libnppc_static.a, libnppial.so, libnppial_static.a, libnppicc.so, libnppicc_static.a, libnppicom.so, libnppicom_static.a, libnppidei.so, libnppidei_static.a, libnppif.so, libnppif_static.a libnppig.so, libnppig_static.a, libnppim.so, libnppim_static.a, libnppist.so, libnppist_static.a, libnppisu.so, libnppisu_static.a, libnppitc.so libnppitc_static.a, libnpps.so, libnpps_static.a
Android libnppc.so, libnppc_static.a, libnppial.so, libnppial_static.a, libnppicc.so, libnppicc_static.a, libnppicom.so, libnppicom_static.a, libnppidei.so, libnppidei_static.a, libnppif.so, libnppif_static.a libnppig.so, libnppig_static.a, libnppim.so, libnppim_static.a, libnppist.so, libnppist_static.a, libnppisu.so, libnppisu_static.a, libnppitc.so libnppitc_static.a, libnpps.so, libnpps_static.a
Component NVIDIA JPEG Library
Linux libnvjpeg.so, libnvjpeg_static.a
Component Internal common library required for statically linking to cuBLAS, cuSPARSE, cuFFT, cuRAND, nvJPEG and NPP
Mac OSX libculibos.a
Linux libculibos.a
Component NVIDIA Runtime Compilation Library and Header
All nvrtc.h
Windows nvrtc.dll, nvrtc-builtins.dll
Mac OSX libnvrtc.dylib, libnvrtc-builtins.dylib
Linux libnvrtc.so, libnvrtc-builtins.so
Component NVIDIA Optimizing Compiler Library
Windows nvvm.dll
Mac OSX libnvvm.dylib
Linux libnvvm.so
Component NVIDIA Common Device Math Functions Library
Windows libdevice.10.bc
Mac OSX libdevice.10.bc
Linux libdevice.10.bc
Component CUDA Occupancy Calculation Header Library
All cuda_occupancy.h
Component CUDA Half Precision Headers
All cuda_fp16.h, cuda_fp16.hpp
Component CUDA Profiling Tools Interface (CUPTI) Library
Windows cupti.dll
Mac OSX libcupti.dylib
Linux libcupti.so
Component NVIDIA Tools Extension Library
Windows nvToolsExt.dll, nvToolsExt.lib
Mac OSX libnvToolsExt.dylib
Linux libnvToolsExt.so
Component NVIDIA CUDA Driver Libraries
Linux libcuda.so, libnvidia-ptxjitcompiler.so
The NVIDIA CUDA Driver Libraries are only distributable in applications that meet this criteria:
The application was developed starting from a NVIDIA CUDA container obtained from Docker Hub or the NVIDIA GPU Cloud, and
The resulting application is packaged as a Docker container and distributed to users on Docker Hub or the NVIDIA GPU Cloud only.
In addition to the rights above, for parties that are developing software intended solely for use on Jetson development kits or Jetson modules, and running Linux for Tegra software, the following shall apply:
The SDK may be distributed in its entirety, as provided by NVIDIA, and without separation of its components, for you and/or your licensees to create software development kits for use only on the Jetson platform and running Linux for Tegra software.
2.7. Attachment B
Additional Licensing Obligations
The following third party components included in the SOFTWARE are licensed to Licensee pursuant to the following terms and conditions:
Licensee's use of the GDB third party component is subject to the terms and conditions of GNU GPL v3:
This product includes copyrighted third-party software licensed
under the terms of the GNU General Public License v3 ("GPL v3").
All third-party software packages are copyright by their respective
authors. GPL v3 terms and conditions are hereby incorporated into
the Agreement by this reference: http://www.gnu.org/licenses/gpl.txt
Consistent with these licensing requirements, the software listed below is provided under the terms of the specified open source software licenses. To obtain source code for software provided under licenses that require redistribution of source code, including the GNU General Public License (GPL) and GNU Lesser General Public License (LGPL), contact oss-requests@nvidia.com. This offer is valid for a period of three (3) years from the date of the distribution of this product by NVIDIA CORPORATION.
Component License
CUDA-GDB GPL v3
Licensee represents and warrants that any and all third party licensing and/or royalty payment obligations in connection with Licensee's use of the H.264 video codecs are solely the responsibility of Licensee.
Licensee's use of the Thrust library is subject to the terms and conditions of the Apache License Version 2.0. All third-party software packages are copyright by their respective authors. Apache License Version 2.0 terms and conditions are hereby incorporated into the Agreement by this reference. http://www.apache.org/licenses/LICENSE-2.0.html
In addition, Licensee acknowledges the following notice: Thrust includes source code from the Boost Iterator, Tuple, System, and Random Number libraries.
Boost Software License - Version 1.0 - August 17th, 2003
. . . .
Permission is hereby granted, free of charge, to any person or
organization obtaining a copy of the software and accompanying
documentation covered by this license (the "Software") to use,
reproduce, display, distribute, execute, and transmit the Software,
and to prepare derivative works of the Software, and to permit
third-parties to whom the Software is furnished to do so, all
subject to the following:
The copyright notices in the Software and this entire statement,
including the above license grant, this restriction and the following
disclaimer, must be included in all copies of the Software, in whole
or in part, and all derivative works of the Software, unless such
copies or derivative works are solely in the form of machine-executable
object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR
ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR
OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Licensee's use of the LLVM third party component is subject to the following terms and conditions:
======================================================
LLVM Release License
======================================================
University of Illinois/NCSA
Open Source License
Copyright (c) 2003-2010 University of Illinois at Urbana-Champaign.
All rights reserved.
Developed by:
LLVM Team
University of Illinois at Urbana-Champaign
http://llvm.org
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal with the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimers.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimers in the
documentation and/or other materials provided with the distribution.
* Neither the names of the LLVM Team, University of Illinois at Urbana-
Champaign, nor the names of its contributors may be used to endorse or
promote products derived from this Software without specific prior
written permission.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS WITH THE SOFTWARE.
Licensee's use (e.g. nvprof) of the PCRE third party component is subject to the following terms and conditions:
------------
PCRE LICENCE
------------
PCRE is a library of functions to support regular expressions whose syntax
and semantics are as close as possible to those of the Perl 5 language.
Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
specified below. The documentation for PCRE, supplied in the "doc"
directory, is distributed under the same terms as the software itself. The
basic library functions are written in C and are freestanding. Also
included in the distribution is a set of C++ wrapper functions, and a just-
in-time compiler that can be used to optimize pattern matching. These are
both optional features that can be omitted when the library is built.
THE BASIC LIBRARY FUNCTIONS
---------------------------
Written by: Philip Hazel
Email local part: ph10
Email domain: cam.ac.uk
University of Cambridge Computing Service,
Cambridge, England.
Copyright (c) 1997-2012 University of Cambridge
All rights reserved.
PCRE JUST-IN-TIME COMPILATION SUPPORT
-------------------------------------
Written by: Zoltan Herczeg
Email local part: hzmester
Emain domain: freemail.hu
Copyright(c) 2010-2012 Zoltan Herczeg
All rights reserved.
STACK-LESS JUST-IN-TIME COMPILER
--------------------------------
Written by: Zoltan Herczeg
Email local part: hzmester
Emain domain: freemail.hu
Copyright(c) 2009-2012 Zoltan Herczeg
All rights reserved.
THE C++ WRAPPER FUNCTIONS
-------------------------
Contributed by: Google Inc.
Copyright (c) 2007-2012, Google Inc.
All rights reserved.
THE "BSD" LICENCE
-----------------
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of the University of Cambridge nor the name of Google
Inc. nor the names of their contributors may be used to endorse or
promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Some of the cuBLAS library routines were written by or derived from code written by Vasily Volkov and are subject to the Modified Berkeley Software Distribution License as follows:
Copyright (c) 2007-2009, Regents of the University of California
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of the University of California, Berkeley nor
the names of its contributors may be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Some of the cuBLAS library routines were written by or derived from code written by Davide Barbieri and are subject to the Modified Berkeley Software Distribution License as follows:
Copyright (c) 2008-2009 Davide Barbieri @ University of Rome Tor Vergata.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Some of the cuBLAS library routines were derived from code developed by the University of Tennessee and are subject to the Modified Berkeley Software Distribution License as follows:
Copyright (c) 2010 The University of Tennessee.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer listed in this license in the documentation and/or
other materials provided with the distribution.
* Neither the name of the copyright holders nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some of the cuBLAS library routines were written by or derived from code written by Jonathan Hogg and are subject to the Modified Berkeley Software Distribution License as follows:
Copyright (c) 2012, The Science and Technology Facilities Council (STFC).
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of the STFC nor the names of its contributors
may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE STFC BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Some of the cuBLAS library routines were written by or derived from code written by Ahmad M. Abdelfattah, David Keyes, and Hatem Ltaief, and are subject to the Apache License, Version 2.0, as follows:
-- (C) Copyright 2013 King Abdullah University of Science and Technology
Authors:
Ahmad Abdelfattah (ahmad.ahmad@kaust.edu.sa)
David Keyes (david.keyes@kaust.edu.sa)
Hatem Ltaief (hatem.ltaief@kaust.edu.sa)
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Any use of this source code in individual and commercial software must
include, in the user documentation and internal comments to the code,
the above Disclaimer and U.S. Government End Users Notice.
SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
This Software License Agreement, including exhibits attached ("Agreement”) is a
legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs your
use of a NVIDIA software development kit (“SDK”).
Each SDK has its own set of software and materials, but here is a description of
the types of items that may be included in a SDK: source code, header files,
APIs, data sets and assets (examples include images, textures, models, scenes,
videos, native API input/output files), binary software, sample code, libraries,
utility programs, programming code and documentation.
This Agreement can be accepted only by an adult of legal age of majority in the
country in which the SDK is used.
If you are entering into this Agreement on behalf of a company or other legal
entity, you represent that you have the legal authority to bind the entity to
this Agreement, in which case “you” will mean the entity you represent.
If you don’t have the required age or authority to accept this Agreement, or if
you don’t accept all the terms and conditions of this Agreement, do not
download, install, copy or use the SDK.
You agree to use the SDK only for purposes that are permitted by (a) this
Agreement, and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions.
1. License.
1.1 Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-
exclusive, non-transferable license, without the right to sublicense (except as
expressly provided in this Agreement) to:
(i) Install and use the SDK,
(ii) Modify and create derivative works of sample source code delivered in
the SDK, and
(iii) Distribute those portions of the SDK that are identified in this
Agreement as distributable, as incorporated in object code format into a
software application that meets the distribution requirements indicated in
this Agreement.
1.2 Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
(i) Your application must have material additional functionality, beyond the
included portions of the SDK.
(ii) The distributable portions of the SDK shall only be accessed by your
application.
(iii) The following notice shall be included in modifications and derivative
works of sample source code distributed: “This software contains source code
provided by NVIDIA Corporation.”
(iv) Unless a developer tool is identified in this Agreement as
distributable, it is delivered for your internal use only.
(v) The terms under which you distribute your application must be consistent
with the terms of this Agreement, including (without limitation) terms
relating to the license grant and license restrictions and protection of
NVIDIA’s intellectual property rights. Additionally, you agree that you will
protect the privacy, security and legal rights of your application users.
(vi) You agree to notify NVIDIA in writing of any known or suspected
distribution or use of the SDK not in compliance with the requirements of
this Agreement, and to enforce the terms of your agreements with respect to
distributed SDK.
1.3 Authorized Users
You may allow employees and contractors of your entity or of your
subsidiary(ies) to access and use the SDK from your secure network to perform
work on your behalf.
If you are an academic institution you may allow users enrolled or employed by
the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your
authorized users. If you become aware that your authorized users didn’t follow
the terms of this Agreement, you agree to take reasonable steps to resolve the
non-compliance and prevent new occurrences.
1.4 Pre-Release SDK
The SDK versions identified as alpha, beta, preview or otherwise as pre-release,
may not be fully functional, may contain errors or design flaws, and may have
reduced or different security, privacy, accessibility, availability, and
reliability standards relative to commercial versions of NVIDIA software and
materials. Use of a pre-release SDK may result in unexpected results, loss of
data, project delays or other unpredictable damage or loss.
You may use a pre-release SDK at your own risk, understanding that pre-release
SDKs are not intended for use in production or business-critical systems.
NVIDIA may choose not to make available a commercial version of any pre-release
SDK. NVIDIA may also choose to abandon development and terminate the
availability of a pre-release SDK at any time without liability.
1.5 Updates
NVIDIA may, at its option, make available patches, workarounds or other updates
to this SDK. Unless the updates are provided with their separate governing
terms, they are deemed part of the SDK licensed to you as provided in this
Agreement.
You agree that the form and content of the SDK that NVIDIA provides may change
without prior notice to you. While NVIDIA generally maintains compatibility
between versions, NVIDIA may in some cases make changes that introduce
incompatibilities in future versions of the SDK.
1.6 Third Party Licenses
The SDK may come bundled with, or otherwise include or be distributed with,
third party software licensed by a NVIDIA supplier and/or open source software
provided under an open source license. Use of third party software is subject to
the third party license terms, or in the absence of third party terms, the terms
of this Agreement. Copyright to third party software is held by the copyright
holders indicated in the third-party software or license.
You acknowledge and agree that it is your sole responsibility to obtain any
additional third party licenses required to make, have made, use, have used,
sell, import, and offer for sale your products or services that include or
incorporate any third-party software and content relating to audio and/or video
encoders and decoders from, including but not limited to, Microsoft, Thomson,
Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not
grant to you under this Agreement any necessary patent or other rights with
respect to any audio and/or video encoders and decoders.
1.7 Reservation of Rights
NVIDIA reserves all rights, title and interest in and to the SDK not expressly
granted to you under this Agreement.
2. Limitations.
The following license limitations apply to your use of the SDK:
2.1 You may not reverse engineer, decompile or disassemble, or remove copyright
or other proprietary notices from any portion of the SDK or copies of the SDK.
2.2 Except as expressly provided in this Agreement, you may not copy, sell,
rent, sublicense, transfer, distribute, modify, or create derivative works of
any portion of the SDK. For clarity, you may not distribute or sublicense the
SDK as a stand-alone product.
2.3 Unless you have an agreement with NVIDIA for this purpose, you may not
indicate that an application created with the SDK is sponsored or endorsed by
NVIDIA.
2.4 You may not bypass, disable, or circumvent any encryption, security, digital
rights management or authentication mechanism in the SDK.
2.5 You may not use the SDK in any manner that would cause it to become subject
to an open source software license. As examples, licenses that require as a
condition of use, modification, and/or distribution that the SDK be (i)
disclosed or distributed in source code form; (ii) licensed for the purpose of
making derivative works; or (iii) redistributable at no charge.
2.6 Unless you have an agreement with NVIDIA for this purpose, you may not use
the SDK with any system or application where the use or failure of the system or
application can reasonably be expected to threaten or result in personal injury,
death, or catastrophic loss. Examples include use in nuclear, avionics,
navigation, military, medical, life support or other life critical applications.
NVIDIA does not design, test or manufacture the SDK for these critical uses and
NVIDIA shall not be liable to you or any third party, in whole or in part, for
any claims or damages arising from such uses.
2.7 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates,
and their respective employees, contractors, agents, officers and directors,
from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, fines, restitutions and expenses (including but not limited to
attorney’s fees and costs incident to establishing the right of indemnification)
arising out of or related to your use of the SDK outside of the scope of this
Agreement, or not in compliance with its terms.
3. Ownership.
3.1 NVIDIA or its licensors hold all rights, title and interest in and to the
SDK and its modifications and derivative works, including their respective
intellectual property rights, subject to your rights under Section 3.2. This SDK
may include software and materials from NVIDIA’s licensors, and these licensors
are intended third party beneficiaries that may enforce this Agreement with
respect to their intellectual property rights.
3.2 You hold all rights, title and interest in and to your applications and your
derivative works of the sample source code delivered in the SDK, including their
respective intellectual property rights, subject to NVIDIA’s rights under
section 3.1.
3.3 You may, but don’t have to, provide to NVIDIA suggestions, feature requests
or other feedback regarding the SDK, including possible enhancements or
modifications to the SDK. For any feedback that you voluntarily provide, you
hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide,
irrevocable license to use, reproduce, modify, license, sublicense (through
multiple tiers of sublicensees), and distribute (through multiple tiers of
distributors) it without the payment of any royalties or fees to you. NVIDIA
will decide if and how to respond to feedback and if to incorporate feedback
into the SDK. NVIDIA is constantly looking for ways to improve its products, so
you may send feedback to NVIDIA through the developer portal at
https://developer.nvidia.com.
4. No Warranties.
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NVIDIA
AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.
NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF
TRADE.
5. Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY
LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF
PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES
FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY
OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE
LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF
THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS
LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA
or its affiliates have been advised of the possibility of such damages, and
regardless of whether a remedy fails its essential purpose. These exclusions and
limitations of liability form an essential basis of the bargain between the
parties, and, absent any of these exclusions or limitations of liability, the
provisions of this Agreement, including, without limitation, the economic terms,
would be substantially different.
6. Termination.
6.1 This Agreement will continue to apply until terminated by either you or
NVIDIA as described below.
6.2 If you want to terminate this Agreement, you may do so by stopping to use
the SDK.
6.3 NVIDIA may, at any time, terminate this Agreement if: (i) you fail to comply
with any term of this Agreement and the non-compliance is not fixed within
thirty (30) days following notice from NVIDIA (or immediately if you violate
NVIDIA’s intellectual property rights); (ii) you commence or participate in any
legal proceeding against NVIDIA with respect to the SDK; or (iii) NVIDIA decides
to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the
continued use of it is no longer commercially viable.
6.4 Upon any termination of this Agreement, you agree to promptly discontinue
use of the SDK and destroy all copies in your possession or control. Your prior
distributions in accordance with this Agreement are not affected by the
termination of this Agreement. Upon written request, you will certify in writing
that you have complied with your commitments under this section. Upon any
termination of this Agreement all provisions survive except for the licenses
granted to you.
7. General.
If you wish to assign this Agreement or your rights and obligations, including
by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask
for permission. Any attempted assignment not approved by NVIDIA in writing shall
be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement
and its rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information
to verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States
and of the State of Delaware as those laws are applied to contracts entered into
and performed entirely within Delaware by Delaware residents, without regard to
the
conflicts of laws principles. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed. You agree to all terms
of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall
have exclusive jurisdiction over any dispute or claim arising out of this
Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to
apply for injunctive remedies or an equivalent type of urgent legal relief in
any jurisdiction.
If any court of competent jurisdiction determines that any provision of this
Agreement is illegal, invalid or unenforceable, such provision will be construed
as limited to the extent necessary to be consistent with and fully enforceable
under the law and the remaining provisions will remain in full force and effect.
Unless otherwise specified, remedies are cumulative.
Each party acknowledges and agrees that the other is an independent contractor
in the performance of this Agreement.
Neither party will be responsible for any failure or delay in its performance
under this Agreement to the extent due to causes beyond its reasonable control
for so long as the cause or event continues in effect.
The SDK has been developed entirely at private expense and is “commercial items”
consisting of “commercial computer software” and “commercial computer software
documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure
by the U.S. Government or a U.S. Government subcontractor is subject to the
restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth
in subparagraphs (b)(1) and (2) of the Commercial Computer Software - Restricted
Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is
NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that
you will not ship, transfer or export the SDK into any country, or use the SDK
in any manner, prohibited by the United States Bureau of Industry and Security
or economic sanctions regulations administered by the U.S. Department of
Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export
laws, restrictions or regulations. These laws include restrictions on
destinations, end users and end use. By accepting this Agreement, you confirm
that you are not a resident or citizen of any country currently embargoed by the
U.S. and that you are not otherwise prohibited from receiving the SDK.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via
mail, email or fax. You agree that any notices that NVIDIA sends you
electronically will satisfy any legal communication requirements. Please direct
your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas
Expressway, Santa Clara, California 95051, United States of America, Attention:
Legal Department.
This Agreement and any exhibits incorporated to this Agreement constitute the
entire agreement of the parties with respect to the subject matter of this
Agreement and supersede all prior negotiations, conversations, or discussions
between the parties relating to this subject matter. Any additional and/or
conflicting terms on documents issued by you are null, void, and invalid. Any
amendment or waiver under this Agreement shall be in writing and signed by
representatives of both parties.
(v. March 8, 2019)
ISAAC SUPPLEMENT
TO SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
The terms in this supplement govern your use of the NVIDIA Isaac SDK under the
terms of your software license agreement (“Agreement”) as modified by this
supplement. Capitalized terms used but not defined below have the meaning
assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an
integral part of the Agreement. In the event of conflict between the terms in
this supplement and the terms in the Agreement, the terms in this supplement
govern.
1. Distribution. The following portions of the SDK are distributable under
the Agreement: the runtimes files ending with .so and .a as part of your
application.
2. Samples. In this SDK, the folder that contains sample source code is the
apps/samples folder. With respect to source code samples licensed to you,
NVIDIA and its affiliates are free to continue independently developing
source code samples and you covenant not to sue NVIDIA, its affiliates or
their licensees with respect to later versions of NVIDIA released source
code samples.
3. Restrictions. The following restrictions apply:
I. You are not permitted to disclose the results of any benchmarking or
other competitive analysis relating to the SDK without the prior written
permission from NVIDIA; and
II. The SDK is licensed for use with a computer system incorporating one
or more NVIDIA GPU hardware products and running NVIDIA software
drivers.
4. Source Code Modification and Ownership. Subject to the terms of the
Agreement and this supplement, NVIDIA hereby grants you a non-exclusive,
non-transferable license, without the right to sublicense to modify and
create derivative works of software provided to you by NVIDIA in source code
form, except for header files. As between you and NVIDIA, NVIDIA holds all
rights, title and interest in and to your modifications and derivative works
of the source code software. Subject to NVIDIA’s rights described in the
Agreement and this section, you retain all rights, title and in and to your
software and products developed independently from the use of the SDK (as
may be demonstrated by documentation). You have no obligation to provide to
NVIDIA your modifications to the NVIDIA source code.
5. Indemnity. You agree to defend, indemnify and hold harmless NVIDIA and
its affiliates, and their respective employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, fines, restitutions and
expenses (including but not limited to attorney’s fees and costs incident to
establishing the right of indemnification) arising out of or related to any
damages, or injuries, illness or death related to the use of goods and/or
services that include or utilize the SDK.
(v. March 8, 2019)
# NVIDIA Data Agreement for Model Training
This NVIDIA Data Agreement for Model Training (the “Agreement”) is a legal agreement between you, whether an individual or entity, (“you” or “Company”) and NVIDIA Corporation (“NVIDIA”) and governs the use of the NVIDIA Datasets that NVIDIA delivers to Company under this Agreement. NVIDIA and Company are each a “party” and collectively the “parties.”
If you are an individual, you must be an adult of legal age of majority in your jurisdiction and have the legal authority to bind the Company you represent, if any. If you accept these Terms on behalf of a company or other entity, you represent that you have authority to do so. By using the Datasets, you are affirming that you have read and agree to this Agreement. If you don’t accept the terms and conditions below, do not use the Datasets.
## 1. DEFINITIONS
1.1 “Affiliate” means an entity that now or hereafter owns or controls, is owned or controlled by, or is under common ownership or control with a party, where “control” is the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
1.2 “AI Solutions” means any artificial intelligence (“AI”) models, or machine learning algorithm and associated parameters and associated weights.
1.3 “Intellectual Property Rights” means all intellectual property rights that may apply, including all patents, trademarks, trade dress, copyrights, database rights, trade secrets, know-how, mask works, and any other similar protected rights in any country including all related applications for and registrations of these rights.
1.4 “Datasets” means certain datasets, or any portions thereof, that NVIDIA may share with Company under this Agreement.
## 2. AVAILABILITY, RESTRICTIONS AND OWNERSHIP
2.1 Availability. Subject to the terms of this Agreement, NVIDIA makes the Datasets available to Company solely for the purpose of internal training of Company AI Solutions with facts and ideas, including patterns and correlations (“Purpose”).
2.2 Restrictions. Company may not:
2.2.1 Use, store or retain the Datasets for any other purpose than the Purpose.
2.2.2 Sell, rent, sublicense, transfer, distribute, sublicence, publicly display, publicly perform or otherwise make available to others the Datasets.
2.2.3 Use the Datasets in any manner that would cause them to become subject to an open-source license.
2.2.4 Use the Datasets in a manner that violates any third-party rights or applicable laws, or identify any individuals or personal data (if applicable).
2.2.5 Disclose any evaluation, test or benchmarking results regarding the Datasets without NVIDIA’s prior written consent documented as an amendment to this Agreement, except that this restriction does not apply to Company’s AI Solutions.
2.3 Ownership.
2.3.1 Third-Party Ownership. Company acknowledges that NVIDIA does not grant and does not purport to grant any rights to access or use any copyrighted material that may be contained within the Datasets. Company is solely responsible for ensuring its use of any such underlying copyrighted material is permitted by applicable law.
2.3.2 NVIDIA Ownership. As between the parties to this Agreement, to the extent NVIDIA holds any rights in the Datasets, including any Intellectual Property Rights that may apply, those rights are and will remain the sole and exclusive property of NVIDIA and its licensors (as applicable). Except as expressly granted in this Agreement, (a) NVIDIA reserves any rights, interests and remedies in connection with the Datasets, and (b) no other right is granted to Company by implication, estoppel or otherwise.
2.3.3 Company Ownership. Company’s AI Solutions, or outputs resulting from Company’s AI Solutions, developed by Company using the Datasets are and will remain the sole and exclusive property of Company. No other right is granted to NVIDIA by implication, estoppel or otherwise to Company’s AI Solutions.
## 3. TERM AND TERMINATION
3.1 Term. This Agreement commences upon the date of the initial download of the Datasets, unless otherwise terminated earlier in accordance with Section 3.2 (Termination) below.
3.2 Termination.
3.2.1 Termination for Convenience. Either party may terminate this Agreement at any time with thirty (30) days’ advance written notice to the other party.
3.2.2 Termination for Cause. If Company commences or participates in any legal proceeding against NVIDIA with respect to the Datasets, or if Company breaches this Agreement, this Agreement will terminate immediately without notice.
3.3 Effect of Termination. Upon termination of this Agreement under Section 3.2.1 (Termination for Convenience), within fourteen (14) days, Company will stop using the Datasets and delete and destroy copies of Datasets, except Company may maintain copies for archival purposes solely as required to comply with applicable law. Upon termination of this Agreement under Section 3.2.2 (Termination for Cause), Company will immediately cease use of the Datasets, and delete and destroy all copies of the Datasets. Upon NVIDIA’s written request, Company will certify in writing its compliance with this Section 3.3.
3.4 Survival. Upon any termination of this Agreement, Sections 1 (Definitions), 2.3 (Ownership), 3.3 (Effect of Termination), 3.4 (Survival), 4 (Warranty Disclaimers and Limitations of Liability), 5 (Notices) and 6 (Miscellaneous) of this Agreement will survive and remain in full force and effect after any termination of this Agreement.
## 4. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
4.1 WARRANTY DISCLAIMER. The DATASETS ARE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE AND COURSE OF DEALING.
4.2 LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY NEGLIGENT ACTS) OR AGREED TO IN WRITING, WILL NVIDIA BE LIABLE TO COMPANY FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE DATASETS (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
## 5. NOTICES
5.1 Please direct your legal notices or other correspondence to legalnotices@nvidia.com with a copy mailed to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department. If NVIDIA needs to contact you, you consent to receive the notices by email and agree that such notices will satisfy any legal communication requirements.
## 6. MISCELLANEOUS
6.1 Assignment. NVIDIA may assign, delegate or transfer its rights or obligations under this Agreement by any means or operation of law. Company may not, without NVIDIA’s prior written consent, assign, delegate or transfer any of its rights or obligations under this Agreement by any means or operation of law, and any attempt to do so is null and void.
6.2 No Third-Party Beneficiaries. No person or entity who is not a party to this Agreement will have the right to enforce any provision of this Agreement, except that users of AI Solutions are third-party beneficiaries of Section 3.1.
6.3 Indemnity. Company will indemnify and hold harmless NVIDIA from and against any claim by any third party arising out of or related to your use or distribution of the Datasets.
6.4 AI Ethics. Company’s use of the Datasets under the Agreement must be consistent with NVIDIA’s Trustworthy AI terms at https://www.nvidia.com/en-us/agreements/trustworthy-ai/terms/.
6.5 Feedback. NVIDIA appreciates Company’s feedback. Company agrees that NVIDIA may use it without restriction or compensation to Company.
6.6 Severability, Waiver and Construction. If a court of competent jurisdiction rules that a provision of this Agreement is unenforceable, that provision will be deemed modified to the extent necessary to make it enforceable and the remainder of this Agreement will continue in full force and effect. No failure or delay by a party to enforce any Agreement term or obligation will operate as a waiver by that party, nor prevent the enforcement of such term or obligation later. This parties and their respective counsel have assessed this Agreement, and it will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.
6.7 Governing Law and Jurisdiction. This Agreement will be governed in all respects by the laws of the United States and the laws of the State of Delaware, without regard to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts residing in Santa Clara County, California will have exclusive jurisdiction over any dispute or claim arising out of or related to this Agreement, and the parties irrevocably consent to personal jurisdiction and venue in those courts; except that, either party may apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
6.8 Trade Compliance. Company agrees to comply with all applicable export, import, trade and economic sanctions laws and regulations, including the Export Administration Regulations and Office of Foreign Assets Control regulations. These laws include restrictions on destinations, end-users and end-use.
6.9 Publicity. Neither party will issue public announcements about this Agreement without prior written approval of the other party.
6.10 Headings. The headings in this Agreement are included solely for convenience and are not intended to affect the meaning or interpretation of this Agreement.
6.11 Independent Contractors. The parties are independent contractors, and this Agreement does not create a joint venture, partnership, agency or other form of business association between the parties. Neither party will have the power to bind the other party or incur any obligation on its behalf without the other party’s prior written consent.
6.12 Entire Agreement. Regarding the subject matter of this Agreement, the parties agree that (a) this Agreement constitutes the entire and exclusive agreement between the parties and supersedes all prior and contemporaneous communications and (b) any additional or different terms or conditions, whether contained in purchase orders, order acknowledgments, invoices or otherwise, will not be binding on the receiving party and are null and void.
(v. August 15, 2025)
This document is the Software License Agreement (SLA) for NVIDIA NCCL. The following contains specific license terms and conditions for NVIDIA NCCL. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the specific product(s) included herein.
1. NVIDIA SOFTWARE LICENSE AGREEMENT
Release Date: October 20, 2016
Important: READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE
This Software License Agreement ("SLA"), made and entered into as of the time and date of click through action (“Effective Date"), is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE “YOU" WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.
2. SOFTWARE LICENSE AGREEMENT
2.1. License
2.1.1. License Grant
Subject to the terms of the AGREEMENT, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly set forth in a Supplement), during the applicable license term unless earlier terminated as provided below, to have Authorized Users install and use the Software, including modifications (if expressly permitted in a Supplement), in accordance with the Documentation. You are only licensed to activate and use Licensed Software for which you a have a valid license, even if during the download or installation you are presented with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA. Your Orders are subject to the AGREEMENT.
SLA Supplements: Certain Licensed Software licensed under this SLA may be subject to additional terms and conditions that will be presented to you in a Supplement for acceptance prior to the delivery of such Licensed Software under this SLA and the applicable Supplement. Licensed Software will only be delivered to you upon your acceptance of all applicable terms.
2.1.2. Limited Purpose Licenses
If your license is provided for one of the purposes indicated below, then notwithstanding contrary terms in License Grant or in a Supplement, such licenses are for internal use and do not include any right or license to sub-license and distribute the Licensed Software or its output in any way in any public release, however limited, and/or in any manner that provides third parties with use of or access to the Licensed Software or its functionality or output, including (but not limited to) external alpha or beta testing or development phases. Further:
Evaluation License. You may use evaluation licenses solely for your internal evaluation of the Licensed Software for broader adoption within your Enterprise or in connection with a NVIDIA product purchase decision, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or ninety days from the date of download if no other duration is indicated).
Educational/Academic License. You may use educational/academic licenses solely for educational purposes and all users must be enrolled or employed by an academic institution. If you do not meet NVIDIA’s academic program requirements for educational institutions, you have no rights under this license.
Test/Development License. You may use test/development licenses solely for your internal development, testing and/or debugging of your software applications or for interoperability testing with the Licensed Software, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or one year from the date of download if no other duration is indicated). NVIDIA Confidential Information under the AGREEMENT includes output from Licensed Software developer tools identified as “Pro" versions, where the output reveals functionality or performance data pertinent to NVIDIA hardware or software products.
2.1.3. Pre-Release Licenses
With respect to alpha, beta, preview, and other pre-release Software and Documentation (“Pre-Release Licensed Software") delivered to you under the AGREEMENT you acknowledge and agree that such Pre-Release Licensed Software:
may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided NVIDIA software and documentation, and
use of such PreRelease Licensed Software may result in unexpected results, loss of data, project delays or other unpredictable damage or loss.
THEREFORE, PRE-RELEASE LICENSED SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make available a commercial version of any Pre-Release Licensed Software and NVIDIA has the right to abandon development of Pre-Release Licensed Software at any time without liability.
2.1.4. Enterprise and Contractor Usage
You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms of the AGREEMENT solely to perform work on your behalf, provided further that with respect to Contractors:
you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in the AGREEMENT, and
such Contractor’s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software.
You are responsible for the compliance with the terms and conditions of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if committed by you, would constitute a breach of the AGREEMENT shall be deemed to constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors.
2.1.5. Services
Except as expressly indicated in an Order, NVIDIA is under no obligation to provide support for the Licensed Software or to provide any patches, maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance, updates or upgrades are provided with their separate governing terms and conditions, they constitute Licensed Software licensed to you under the AGREEMENT.
2.2. Limitations
2.2.1. License Restrictions
Except as expressly authorized in the AGREEMENT, you agree that you will not (nor authorize third parties to):
copy and use Software that was licensed to you for use in one or more NVIDIA hardware products in other unlicensed products (provided that copies solely for backup purposes are allowed);
reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of Software provided to you in object code form;
sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties
as an application services provider or service bureau,
by operating hosted/virtual system environments,
by hosting, time sharing or providing any other type of services, or
otherwise by means of the internet;
modify, translate or otherwise create any derivative works of any Licensed Software;
remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof;
use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations;
distribute, permit access to, or sublicense the Licensed Software as a stand-alone product;
bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller;
use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities;
use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application (“Critical Applications"), unless the parties have entered into a Critical Applications agreement;
distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or
use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License.
Nothing in the AGREEMENT shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the Software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of the AGREEMENT or any other breach of the terms of the AGREEMENT.
2.2.2. Third Party License Obligations
You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components"), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms") for the particular Third Party Component will be bundled with the Software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into the AGREEMENT. In the event of any conflict between the terms in the AGREEMENT and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.
Audio/Video Encoders and Decoders: You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under the AGREEMENT any necessary patent or other rights with respect to audio and/or video encoders and decoders.
2.2.3. Limited Rights
Your rights in the Licensed Software are limited to those expressly granted under the AGREEMENT and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under the AGREEMENT.
2.3. CONFIDENTIALITY
Neither party will use the other party’s Confidential Information, except as necessary for the performance of the AGREEMENT, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each party’s legal and financial advisors that have a need to know such Confidential Information for the performance of the AGREEMENT, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of the AGREEMENT as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure
gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise),
uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and
discloses only the minimum amount of information necessary to comply with such requirements.
2.4. OWNERSHIP
You are not obligated to disclose to NVIDIA any modifications that you, your Enterprise or your Contractors make to the Licensed Software as permitted under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement. The Licensed Software and all modifications owned by NVIDIA, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not engage in any act or omission that would impair NVIDIA’s and/or its licensors’ Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA’s licensors are intended third party beneficiaries with the right to enforce provisions of the AGREEMENT with respect to their Confidential Information and/or Intellectual Property Rights.
2.5. FEEDBACK
You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or its Affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software.
2.6. NO WARRANTIES
THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES ARE PROVIDED BY NVIDIA “AS IS" AND “WITH ALL FAULTS," AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THE AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.
2.7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability set forth in the AGREEMENT form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the AGREEMENT, including, without limitation, the economic terms, would be substantially different.
2.8. TERM AND TERMINATION
2.8.1. AGREEMENT, Licenses and Services
This SLA shall become effective upon the Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements shall continue in effect until your last access or use of the Licensed Software and/or services hereunder, unless earlier terminated as provided in this “Term and Termination" section. Each Licensed Software license ends at the earlier of
the expiration of the applicable license term, or
termination of such license or the AGREEMENT.
Each service ends at the earlier of (x) the expiration of the applicable service term, (y) termination of such service or the AGREEMENT, or (z) expiration or termination of the associated license and no credit or refund will be provided upon the expiration or termination of the associated license for any service fees paid.
2.8.2. Termination and Effect of Expiration or Termination
NVIDIA may terminate the AGREEMENT in whole or in part:
if you breach any term of the AGREEMENT and fail to cure such breach within thirty (30) days following notice thereof from NVIDIA (or immediately if you violate NVIDIA’s Intellectual Property Rights);
if you become the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if you cease to do business; or
if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your license grants, services and any other rights provided under the AGREEMENT for the affected Licensed Software, in addition to any other remedies NVIDIA may have at law or equity. Upon any expiration or termination of the AGREEMENT, a license or a service provided hereunder,
any amounts owed to NVIDIA become immediately due and payable,
you must promptly discontinue use of the affected Licensed Software and/or service, and
you must promptly destroy or return to NVIDIA all copies of the affected Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party’s Confidential Information within its possession or control.
Upon written request, you will certify in writing that you have complied with your obligations under this section. Upon expiration or termination of the AGREEMENT all provisions survive except for the license grant provisions.
2.9. CONSENT TO COLLECTION AND USE OF INFORMATION
You hereby agree and acknowledge that the Software may access and collect non-personally identifiable information about your Enterprise computer systems in order to properly optimize such systems for use with the Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for your Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss to such systems (including loss of data or access) arising from or relating to
any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the systems (or any part of such systems) initiated through the Software; or
installation of any Software or third party software patches initiated through the Software.
In certain systems you may change your system update preferences by unchecking "Automatically check for updates" in the "Preferences" tab of the control panel for the Software.
In connection with the receipt of the Licensed Software or services you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share personal information of individuals. NVIDIA is not responsible or liable for:
the availability or accuracy of such links; or
the products, services or information available on or through such links; or
the privacy statements or practices of sites and services controlled by other companies or organizations.
To the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.
2.10. GENERAL
This SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT must be in writing and signed by representatives of both parties.
The AGREEMENT and the rights and obligations thereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer the AGREEMENT and its rights and obligations hereunder, and if to a non-Affiliate you will be notified.
Each party acknowledges and agrees that the other is an independent contractor in the performance of the AGREEMENT, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent.
Neither party will be responsible for any failure or delay in its performance under the AGREEMENT (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect.
The AGREEMENT will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in the AGREEMENT may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
The Licensed Software has been developed entirely at private expense and is “commercial items" consisting of “commercial computer software" and “commercial computer software documentation" provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the AGREEMENT pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
You acknowledge that the Licensed Software described under the AGREEMENT is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Licensed Software.
Any notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.
3. NCCL BINARY SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT
Release date: December 20, 2017
The terms set forth in this NCCL Binary Supplement (“Supplement") govern your use of the NVIDIA collective communications library (NCCL) (the “NCCL Licensed Software") under the terms of your software license agreement (“SLA") as modified by this Supplement. This Supplement is an exhibit to the SLA and is hereby incorporated as an integral part thereto. Capitalized terms used but not defined herein shall have the meaning assigned to them in the SLA. In the event of conflict between the terms in this Supplement and the terms in the SLA, this Supplement shall control.
3.1. NCCL DISTRIBUTION
Subject to the terms of the SLA and this Supplement, NVIDIA hereby grants you a non-exclusive, nontransferable license during the applicable license term unless earlier terminated pursuant to the SLA, to distribute the runtime files (.so, .h) when delivered to you under this Supplement (but not when provided to you as part of a hardware product), subject to such distribution being solely in binary form to your licensees (“Customers") only as a component of your own software products having additional material functionality beyond the redistributable NCCL Licensed Software (each, a “Licensee Application"). Subject to the terms and conditions of the SLA and this Supplement, you may further authorize Customers to redistribute the NCCL Licensed Software as incorporated into a Licensee Application, solely in binary form, provided, however, that you shall require in your agreements with your Customers that their distributions be on terms at least as restrictive as those applicable for your use of the NCCL Licensed Software within a Licensee Application. The expiration or termination of your licenses to the NCCL Licensed Software under the SLA and this Supplement will not affect your previous NCCL Licensed Software distributions in compliance with the SLA and this Supplement.
The above distributions are subject to the following:
all distributions by you or your distribution channels must be consistent with the terms of the AGREEMENT;
the distributed NCCL License Software must include valid copyright notices indicating NVIDIA’s ownership of the Licensed Software and (if permitted) modifications; and
you must enter into enforceable agreements that pass down terms consistent with the terms set forth in the AGREEMENT for use of the distributable NCCL License Software, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA’s Intellectual Property Rights in and to the NCCL Licensed Software .
You are liable for the distribution and use of NCCL Licensed Software if you failed to comply with the distribution requirements of this Supplement. You agree to notify NVIDIA in writing of any known or suspected distribution or use of the NCCL Licensed Software not in compliance with the terms of the AGREEMENT, and to enforce the terms of your agreements with respect to NCCL Licensed Software you distributed.
3.2. LICENSE DURATION
Each NCCL Licensed Software is licensed to you for an initial duration of one year starting from the date of delivery or download. The licenses granted will automatically renew for successive one year periods, provided that NVIDIA reserves the right to terminate licenses upon ninety days (90) days written notice to you prior to the commencement of a renewal year in addition to the termination rights set forth in the SLA.
3.3. AUDIT
During the term of the AGREEMENT and for three (3) years thereafter, you will maintain all usual and proper books and records of account relating to the NCCL Licensed Software provided under the AGREEMENT. During such period and upon written notice to you, NVIDIA or its authorized third party auditors subject to confidentiality obligations will have the right to inspect and audit your Enterprise books and records for the purpose of confirming compliance with the terms of the AGREEMENT. Any such inspection and audit will be conducted during regular business hours and no more frequently than annually unless non-compliance was previously found. If such an inspection and audit reveals a material non-conformance with the terms of the AGREEMENT, then you will pay NVIDIA’s reasonable costs of conducting the inspection and audit. Further, you agree that the party delivering the NCCL Licensed Software to you may collect and disclose to NVIDIA information for NVIDIA to verify your compliance with the terms of the AGREEMENT including (without limitation) information regarding your use of the NCCL Licensed Software.
3.4. EXPIRATION OF TERMINATION OF THIS SUPPLEMENT
Your failure to comply with the terms of this Supplement is ground for termination for breach by NVIDIA under the SLA. This Supplement will automatically expire or terminate upon the expiration or termination of your rights to NCCL Licensed Software under the SLA or this Supplement.
4. GLOSSARY OF TERMS
Certain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the meanings set forth below:
Affiliate
Affiliate means any legal entity that Owns, is Owned by, or is commonly Owned with a party. “Own" means having more than 50% ownership or the right to direct the management of the entity.
AGREEMENT
AGREEMENT means this SLA and all associated Supplements entered by the parties referencing this SLA.
Authorized Users
Authorized Users means your Enterprise individual employees and any of your Enterprise’s Contractors, subject to the terms of the Enterprise and Contractor Usage section.
Confidential Information
Confidential Information means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that:
is or becomes generally known to the public through no fault of or breach of the AGREEMENT by the receiving party;
is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality;
is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or
is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.
Contractor
Contractor means an individual who works primarily for your Enterprise on a contractor basis from your secure network.
Documentation
Documentation means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under the AGREEMENT.
Enterprise
Enterprise means you or any company or legal entity for which you accepted the terms of this SLA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.
Feedback
Feedback means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto.
Intellectual Property Rights
Intellectual Property Rights means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author’s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future.
Licensed Software
Licensed Software means Software, Documentation and all modifications owned by NVIDIA.
Open Source License
Open Source License includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the Software be
disclosed or distributed in source code form;
be licensed for the purpose of making derivative works; or
be redistributable at no charge.
Order
Order means a purchase order issued by you, a signed purchase agreement with you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller (including any on-line acceptance process) that references and incorporates the AGREEMENT and is accepted by NVIDIA.
Software
Software means the NVIDIA software programs licensed to you under the AGREEMENT including, without limitation, libraries, sample code, utility programs and programming code.
Supplement
Supplement means the additional terms and conditions beyond those stated in this SLA that apply to certain Licensed Software licensed hereunder.
Notice
This document is provided for information purposes only and shall not be regarded as a warranty of a certain functionality, condition, or quality of a product. NVIDIA Corporation (“NVIDIA") makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the information contained in this document and assumes no responsibility for any errors contained herein. NVIDIA shall have no liability for the consequences or use of such information or for any infringement of patents or other rights of third parties that may result from its use. This document is not a commitment to develop, release, or deliver any Material (defined below), code, or functionality.
NVIDIA reserves the right to make corrections, modifications, enhancements, improvements, and any other changes to this document, at any time without notice.
Customer should obtain the latest relevant information before placing orders and should verify that such information is current and complete.
NVIDIA products are sold subject to the NVIDIA standard terms and conditions of sale supplied at the time of order acknowledgment, unless otherwise agreed in an individual sales agreement signed by authorized representatives of NVIDIA and customer (“Terms of Sale"). NVIDIA hereby expressly objects to applying any customer general terms and conditions with regards to the purchase of the NVIDIA product referenced in this document. No contractual obligations are formed either directly or indirectly by this document.
NVIDIA products are not designed, authorized, or warranted to be suitable for use in medical, military, aircraft, space, or life support equipment, nor in applications where failure or malfunction of the NVIDIA product can reasonably be expected to result in personal injury, death, or property or environmental damage. NVIDIA accepts no liability for inclusion and/or use of NVIDIA products in such equipment or applications and therefore such inclusion and/or use is at customer’s own risk.
NVIDIA makes no representation or warranty that products based on this document will be suitable for any specified use. Testing of all parameters of each product is not necessarily performed by NVIDIA. It is customer’s sole responsibility to evaluate and determine the applicability of any information contained in this document, ensure the product is suitable and fit for the application planned by customer, and perform the necessary testing for the application in order to avoid a default of the application or the product. Weaknesses in customer’s product designs may affect the quality and reliability of the NVIDIA product and may result in additional or different conditions and/or requirements beyond those contained in this document. NVIDIA accepts no liability related to any default, damage, costs, or problem which may be based on or attributable to: (i) the use of the NVIDIA product in any manner that is contrary to this document or (ii) customer product designs.
Trademarks
NVIDIA, the NVIDIA logo, and cuBLAS, CUDA, CUDA Toolkit, cuDNN, DALI, DIGITS, DGX, DGX-1, DGX-2, DGX Station, DLProf, GPU, Jetson, Kepler, Maxwell, NCCL, Nsight Compute, Nsight Systems, NVCaffe, NVIDIA Deep Learning SDK, NVIDIA Developer Program, NVIDIA GPU Cloud, NVLink, NVSHMEM, PerfWorks, Pascal, SDK Manager, Tegra, TensorRT, TensorRT Inference Server, Tesla, TF-TRT, Triton Inference Server, Turing, and Volta are trademarks and/or registered trademarks of NVIDIA Corporation in the United States and other countries. Other company and product names may be trademarks of the respective companies with which they are associated.
Abstract
This document is the End User License Agreement (EULA) for NVIDIA NGX. This document contains specific license terms and conditions for NVIDIA NGX. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the specific product(s) included herein.
LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
This license agreement, including exhibits attached ("Agreement”) is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs your use of a NVIDIA software development kit (“SDK”).
Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.
This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.
If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK.
You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
1. License.
1.1. Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to:
(i) Install and use the SDK,
(ii) Modify and create derivative works of sample source code delivered in the SDK, and
(iii) Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
1.2. Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
(i) Your application must have material additional functionality, beyond the included portions of the SDK.
(ii) The distributable portions of the SDK shall only be accessed by your application.
(iii) The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.”
(iv) Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only.
(v) The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users.
(vi) You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK.
1.3. Authorized Users
You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.
1.4. Pre-Release SDK
The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss.
You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems.
NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability.
1.5. Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement.
You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK.
1.6. Third Party Licenses
The SDK may come bundled with, or otherwise include or be distributed with, third party software licensed by a NVIDIA supplier and/or open source software provided under an open source license. Use of third party software is subject to the third-party license terms, or in the absence of third party terms, the terms of this Agreement. Copyright to third party software is held by the copyright holders indicated in the third-party software or license.
1.7. Reservation of Rights
NVIDIA reserves all rights, title and interest in and to the SDK not expressly granted to you under this Agreement.
2. Limitations.
The following license limitations apply to your use of the SDK:
2.1
You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK.
2.2
Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product.
2.3
Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA.
2.4
You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK.
2.5
You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
2.6
Unless you have an agreement with NVIDIA for this purpose, you may not use the SDK with any system or application where the use or failure of the system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss. Examples include use in nuclear, avionics, navigation, military, medical, life support or other life critical applications. NVIDIA does not design, test or manufacture the SDK for these critical uses and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses.
2.7
2.7 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to your use of the SDK outside of the scope of this Agreement, or not in compliance with its terms.
3. Ownership.
3.1
NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights.
3.2
You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under section 3.1.
3.3
You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com.
4. No Warranties.
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
5. Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
6. Termination.
6.1
This Agreement will continue to apply until terminated by either you or NVIDIA as described below.
6.2
If you want to terminate this Agreement, you may do so by stopping to use the SDK.
6.3
NVIDIA may, at any time, terminate this Agreement if: (i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights); (ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or (iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable.
6.4
Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the license grant provisions.
7. General.
If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware as those laws are applied to contracts entered into and performed entirely within Delaware by Delaware residents, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement.
The SDK has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the SDK.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this SDK license. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties.
8. NVIDIA RTX SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
NVIDIA RTX SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
The terms in this supplement govern your use of the NVIDIA RTX SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.
1. Interoperability.
Your applications that incorporate, or are based on, the SDK must be fully interoperable with GPU hardware products designed by NVIDIA or its affiliates.
2. Limitations.
Your applications that incorporate, or are based on, the SDK may be deployed in a cloud service that runs on systems that consume NVIDIA vGPU software, and any other cloud service use of the SDK or its functionality is outside of the scope of the Agreement. For the purpose of this section, cloud services include application service providers or service bureaus, operators of hosted/virtual system environments, or hosting, time sharing or providing any other type of service to others.
3. Distribution.
The following portions of the SDK are distributable under the Agreement in applications developed for authorized platforms only, as described in the documentation provided by NVIDIA: any software or materials within the SDK, other than developer tools provided for your internal use.
4. Notification.
You are required to notify NVIDIA prior to commercial release of an application (including a plug-in to a commercial application). Please send notifications to: https://developer.nvidia.com/sw-notification and provide the following information in the email: company name, publisher and developer name, application name, platform (i.e. PC, Linux), scheduled ship date, and webLink to product/video.
5. Audio and Video Encoders and Decoders.
You acknowledge and agree that it is your sole responsibility to obtain any additional third-party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any third-party software and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not grant to you under this Agreement any necessary patent or other rights with respect to any audio and/or video encoders and decoders.
6. Marketing.
6.1 Marketing Activities. Your license to the SDK under the Agreement is subject to your compliance with the following marketing terms:
(a) Identification by You. During the term of the Agreement, NVIDIA agrees that you may identify NVIDIA on your websites, printed collateral, trade-show displays and other retail packaging materials, as the supplier of the NVIDIA RTX SDK for the applications that were developed with use of the SDK, provided that all such references to NVIDIA will be subject to NVIDIA's prior review and written approval, which will not be unreasonably withheld or delayed.
(b) NVIDIA Trademark Placement in Applications. For applications that incorporate the NVIDIA RTX SDK or portions thereof, you must attribute the use of the RTX SDK by including the NVIDIA Marks on splash screens, in the about box of the application (if present), and in credits for game applications.
(c) Marketing and Promotion by You. You will include a reference to the NVIDIA RTX SDK and NVIDIA in all of your press releases for the applications that were developed with use of the SDK, and you will identify NVIDIA as the provider of “NVIDIA RTX™” (or such other term or phrase as indicated by NVIDIA from time to time).
(d) Identification by NVIDIA. You agree that NVIDIA may identify you on NVIDIA's websites, printed collateral, trade-show displays, and other retail packaging materials as an individual or entity that produces products and services which incorporate the NVIDIA RTX SDK. To the extent that you provide NVIDIA with input or usage requests with regard to the use of your logo or materials, NVIDIA will use commercially reasonable efforts to comply with such requests. For the avoidance of doubt, NVIDIA’s rights pursuant to this section shall survive any expiration or termination of the Agreement with respect to existing applications which incorporate the NVIDIA RTX SDK.
(e) Applications Marketing Material. You may provide NVIDIA with screenshots, imagery, and video footage of applications representative of your use of the NVIDIA RTX SDKs in your application (collectively, “Assets”). You hereby grant to NVIDIA the right to create and display self-promotional demo materials using the Assets, and after release of the application to the public to distribute, sub-license, and use the Assets to promote and market the NVIDIA RTX SDK. To the extent you provide NVIDIA with input or usage requests with regard to the use of your logo or materials, NVIDIA will use commercially reasonable efforts to comply with such requests. For the avoidance of doubt, NVIDIA’s rights pursuant to this section shall survive any termination of the Agreement with respect to applications which incorporate the NVIDIA RTX SDK.
6.2 Trademark Ownership and Licenses. Trademarks are owned and licenses as follows:
(a) Ownership of Trademarks. Each party owns the trademarks, logos, and trade names (collectively "Marks") for their respective products or services, including without limitation in applications, and the NVIDIA RTX SDK. Each party agrees to use the Marks of the other only as permitted in this exhibit.
(b) Trademark License to NVIDIA. You grant to NVIDIA a non-exclusive, non-sub licensable, non-transferable (except as set forth in the assignment provision of the Agreement), worldwide license to refer to you and your applications, and to use your Marks on NVIDIA's marketing materials and on NVIDIA's website (subject to any reasonable conditions of you) solely for NVIDIA’s marketing activities set forth in this exhibit Sections (d)-(e) above. NVIDIA will follow your specifications for your Marks as to style, color, and typeface as reasonably provided to NVIDIA.
(c) Trademark License to You. NVIDIA grants to you a non-exclusive, non-sub licensable, non-transferable (except as set forth in the assignment provision of the Agreement), worldwide license, subject to the terms of this exhibit and the Agreement, to use NVIDIA RTX™, NVIDIA GeForce RTX™ in combination with GeForce products, and/or NVIDIA Quadro RTX™ in combination with Quadro products (collectively, the “NVIDIA Marks”) on your marketing materials and on your website (subject to any reasonable conditions of NVIDIA) solely for your marketing activities set forth in this exhibit Sections 6.1 (a)-(c) above. For the avoidance of doubt, you will not and will not permit others to use any NVIDIA Mark for any other goods or services, or in a way that tarnishes, degrades, disparages or reflects adversely any of the NVIDIA Marks or NVIDIA’s business or reputation, or that dilutes or otherwise harms the value, reputation or distinctiveness of or NVIDIA’s goodwill in any NVIDIA Mark. In addition to the termination rights set forth in the Agreement, NVIDIA may terminate this trademark license at any time upon written notice to you. You will follow NVIDIA's use guidelines and specifications for NVIDIA's Marks as to style, color and typeface as provided in NVIDIA Marks and submit a sample of each proposed use of NVIDIA's Marks at least one (1) weeks prior to the desired implementation of such use to obtain NVIDIA's prior written approval (which approval will not be unreasonably withheld or delayed). If NVIDIA does not respond within ten (10) business days of your submission of such sample, the sample will be deemed unapproved. All goodwill associated with use of NVIDIA Marks will inure to the sole benefit of NVIDIA.
6.3 Use Guidelines. Use of the NVIDIA Marks is subject to the following guidelines:
(a) Business Practices. You covenant that you will: (a) conduct business with respect to NVIDIA’s products in a manner that reflects favorably at all times on the good name, goodwill and reputation of such products; (b) avoid deceptive, misleading or unethical practices that are detrimental to NVIDIA, its customers, or end users; (c) make no false or misleading representations with regard to NVIDIA or its products; and (d) not publish or employ or cooperate in the publication or employment of any misleading or deceptive advertising or promotional materials.
(b) No Combination Marks or Similar Marks. You agree not to (a) combine NVIDIA Marks with any other content without NVIDIA’s prior written approval, or (b) use any other trademark, trade name, or other designation of source which creates a likelihood of confusion with NVIDIA Marks.
(c) No Harm to Marks. You agree that you will take such steps as are reasonably necessary to ensure that neither you, nor any person under your control (including your customers), will take or cause to be taken any action that brings NVIDIA or NVIDIA Marks into disrepute. You agree that you will not, directly or indirectly, in any country or governing body, apply to register in your own name, or otherwise attempt to acquire any legal interest in or right in or to, any NVIDIA Mark.
7. Licensing.
If the distribution terms in this Agreement are not suitable for your organization, if you want to engage with NVIDIA for marketing of your applications, or for any questions regarding this Agreement, please contact NVIDIA at nvidia-rtx-license-questions@nvidia.com.
Notices
Notice
THE INFORMATION IN THIS GUIDE AND ALL OTHER INFORMATION CONTAINED IN NVIDIA DOCUMENTATION REFERENCED IN THIS GUIDE IS PROVIDED “AS IS.” NVIDIA MAKES NO WARRANTIES, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE INFORMATION FOR THE PRODUCT, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding any damages that customer might incur for any reason whatsoever, NVIDIA’s aggregate and cumulative liability towards customer for the product described in this guide shall be limited in accordance with the NVIDIA terms and conditions of sale for the product.
THE NVIDIA PRODUCT DESCRIBED IN THIS GUIDE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN CONNECTION WITH THE DESIGN, CONSTRUCTION, MAINTENANCE, AND/OR OPERATION OF ANY SYSTEM WHERE THE USE OR A FAILURE OF SUCH SYSTEM COULD RESULT IN A SITUATION THAT THREATENS THE SAFETY OF HUMAN LIFE OR SEVERE PHYSICAL HARM OR PROPERTY DAMAGE (INCLUDING, FOR EXAMPLE, USE IN CONNECTION WITH ANY NUCLEAR, AVIONICS, LIFE SUPPORT OR OTHER LIFE CRITICAL APPLICATION). NVIDIA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH HIGH RISK USES. NVIDIA SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS OR DAMAGES ARISING FROM SUCH HIGH RISK USES.
NVIDIA makes no representation or warranty that the product described in this guide will be suitable for any specified use without further testing or modification. Testing of all parameters of each product is not necessarily performed by NVIDIA. It is customer’s sole responsibility to ensure the product is suitable and fit for the application planned by customer and to do the necessary testing for the application in order to avoid a default of the application or the product. Weaknesses in customer’s product designs may affect the quality and reliability of the NVIDIA product and may result in additional or different conditions and/or requirements beyond those contained in this guide. NVIDIA does not accept any liability related to any default, damage, costs or problem which may be based on or attributable to: (i) the use of the NVIDIA product in any manner that is contrary to this guide, or (ii) customer product designs.
Other than the right for customer to use the information in this guide with the product, no other license, either expressed or implied, is hereby granted by NVIDIA under this guide. Reproduction of information in this guide is permissible only if reproduction is approved by NVIDIA in writing, is reproduced without alteration, and is accompanied by all associated conditions, limitations, and notices.
Trademarks
NVIDIA, the NVIDIA logo, and cuBLAS, CUDA, cuDNN, cuFFT, cuSPARSE, DIGITS, DGX, DGX-1, DGX Station, GRID, Jetson, Kepler, NGX, NVIDIA GPU Cloud, Maxwell, NCCL, NVLink, Pascal, Tegra, TensorRT, Tesla and Volta are trademarks and/or registered trademarks of NVIDIA Corporation in the Unites States and other countries. Other company and product names may be trademarks of the respective companies with which they are associated.
Copyright
© 2019 NVIDIA Corporation. All rights reserved.
NVIDIA Open Model License Agreement
Last Modified: April 28, 2025
This NVIDIA Open Model License Agreement (the “Agreement”) is a legal agreement between the Legal Entity You represent, or if no entity is identified, You and NVIDIA Corporation and its Affiliates (“NVIDIA”) and governs Your use of the Models that NVIDIA provides to You under this Agreement. NVIDIA and You are each a “party” and collectively the “parties.”
NVIDIA models released under this Agreement are intended to be used permissively and enable the further development of AI technologies. Subject to the terms of this Agreement, NVIDIA confirms that:
Models are commercially usable.
You are free to create and distribute Derivative Models.
NVIDIA does not claim ownership to any outputs generated using the Models or Model Derivatives.
By using, reproducing, modifying, distributing, performing or displaying any portion or element of the Model or Derivative Model, or otherwise accepting the terms of this Agreement, you agree to be bound by this Agreement.
Definitions. The following definitions apply to this Agreement:
"NVIDIA Cosmos Model" means a multimodal Model shared under this Agreement.
"Derivative Model" means all (a) modifications to the Model, (b) works based on the Model, and (c) any other derivative works of the Model. An output is not a Derivative Model.
"Legal Entity" means the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares, or (c) beneficial ownership of such entity.
“Model” means the machine learning model, software, checkpoints, learnt weights, algorithms, parameters, configuration files and documentation shared under this Agreement.
“You” or “Your” means an individual or Legal Entity exercising permissions granted by this Agreement.
Conditions for Use, License Grant, AI Ethics and IP Ownership.
Conditions for Use. The Model and any Derivative Model are subject to additional terms as described in Section 2 and Section 3 of this Agreement and govern Your use. If You institute copyright or patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model or a Derivative Model constitutes direct or contributory copyright or patent infringement, then any licenses granted to You under this Agreement for that Model or Derivative Model will terminate as of the date such litigation is filed. If You bypass, disable, reduce the efficacy of, or circumvent any technical limitation, safety guardrail or associated safety guardrail hyperparameter, encryption, security, digital rights management, or authentication mechanism contained in the Model, your rights under this Agreement will automatically terminate. NVIDIA may update this Agreement to comply with legal and regulatory requirements at any time and You agree to either comply with any updated license or cease Your copying, use, and distribution of the Model and any Derivative Model.
License Grant. The rights granted herein are explicitly conditioned on Your full compliance with the terms of this Agreement. Subject to the terms and conditions of this Agreement, NVIDIA hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, revocable (as stated in Section 2.1) license to publicly perform, publicly display, reproduce, use, create derivative works of, make, have made, sell, offer for sale, distribute (through multiple tiers of distribution) and import the Model.
AI Ethics. Use of the Models under the Agreement must be consistent with NVIDIA’s Trustworthy AI terms found at https://www.nvidia.com/en-us/agreements/trustworthy-ai/terms/.
NVIDIA owns the Model and any Model Derivatives created by NVIDIA. Subject to NVIDIA’s underlying ownership rights in the Model or its Model Derivatives, You are and will be the owner of Your Model Derivatives. NVIDIA claims no ownership rights in outputs. You are responsible for outputs and their subsequent uses. Except as expressly granted in this Agreement, (a) NVIDIA reserves all rights, interests and remedies in connection with the Model and (b) no other license or right is granted to you by implication, estoppel or otherwise.
Redistribution. You may reproduce and distribute copies of the Model or Derivative Models thereof in any medium, with or without modifications, provided that You meet the following conditions:
If you distribute the Model, You must give any other recipients of the Model a copy of this Agreement and include the following attribution notice within a “Notice” text file with such copies: “Licensed by NVIDIA Corporation under the NVIDIA Open Model License”;
If you distribute or make available a NVIDIA Cosmos Model, or a product or service (including an AI model) that contains or uses a NVIDIA Cosmos Model, use a NVIDIA Cosmos Model to create a Derivative Model, or use a NVIDIA Cosmos Model or its outputs to create, train, fine tune, or otherwise improve an AI model, you will include “Built on NVIDIA Cosmos” on a related website, user interface, blogpost, about page, or product documentation; and
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Models as a whole, provided Your use, reproduction, and distribution of the Model otherwise complies with the conditions stated in this Agreement.
Separate Components. The Models may include or be distributed with components provided with separate legal notices or terms that accompany the components, such as an Open Source Software License or other third-party license. The components are subject to the applicable other licenses, including any proprietary notices, disclaimers, requirements and extended use rights; except that this Agreement will prevail regarding the use of third-party Open Source Software License, unless a third-party Open Source Software License requires its license terms to prevail. “Open Source Software License” means any software, data or documentation subject to any license identified as an open source license by the Open Source Initiative (https://opensource.org), Free Software Foundation (https://www.fsf.org) or other similar open source organization or listed by the Software Package Data Exchange (SPDX) Workgroup under the Linux Foundation (https://www.spdx.org).
Trademarks. This Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of NVIDIA, except as required for reasonable and customary use in describing the origin of the Model and reproducing the content of the “Notice” text file.
Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, NVIDIA provides the Model on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivative Models and outputs and assume any risks associated with Your exercise of permissions under this Agreement.
Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, will NVIDIA be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Model, Derivative Models or outputs (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if NVIDIA has been advised of the possibility of such damages.
Indemnity. You will indemnify and hold harmless NVIDIA from and against any claim by any third party arising out of or related to your use or distribution of the Model, Model Derivatives or outputs.
Feedback. NVIDIA appreciates your feedback, and You agree that NVIDIA may use it without restriction or compensation to You.
Governing Law. This Agreement will be governed in all respects by the laws of the United States and the laws of the State of Delaware, without regard to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts residing in Santa Clara County, California will have exclusive jurisdiction over any dispute or claim arising out of or related to this Agreement, and the parties irrevocably consent to personal jurisdiction and venue in those courts; except that, either party may apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
Trade and Compliance. You agree to comply with all applicable export, import, trade and economic sanctions laws and regulations, as amended, including without limitation U.S. Export Administration Regulations and Office of Foreign Assets Control regulations. These laws include restrictions on destinations, end-users and end-use.
Version Release Date: April 28, 2025
1. License Agreement for NVIDIA Software Development Kits v12.8
End User License Agreement
NVIDIA Software License Agreement and CUDA Supplement to Software License Agreement.
The CUDA Toolkit End User License Agreement applies to the NVIDIA CUDA Toolkit, the NVIDIA CUDA Samples, the NVIDIA Display Driver, NVIDIA Nsight tools (Visual Studio Edition), and the associated documentation on CUDA APIs, programming model and development tools. If you do not agree with the terms and conditions of the license agreement, then do not download or use the software.
Last updated: January 12, 2024
Preface
The Software License Agreement in Chapter 1 and the Supplement in Chapter 2 contain license terms and conditions that govern the use of NVIDIA CUDA toolkit. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the product(s) included herein.
NVIDIA Driver
Description
This package contains the operating system driver and fundamental system software components for NVIDIA GPUs.
NVIDIA CUDA Toolkit
Description
The NVIDIA CUDA Toolkit provides command-line and graphical tools for building, debugging and optimizing the performance of applications accelerated by NVIDIA GPUs, runtime and math libraries, and documentation including programming guides, user manuals, and API references.
Default Install Location of CUDA Toolkit
Windows platform:
%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.#
Linux platform:
/usr/local/cuda-#.#
Mac platform:
/Developer/NVIDIA/CUDA-#.#
NVIDIA CUDA Samples
Description
CUDA Samples are now located in https://github.com/nvidia/cuda-samples, which includes instructions for obtaining, building, and running the samples. They are no longer included in the CUDA toolkit.
NVIDIA Nsight Visual Studio Edition (Windows only)
Description
NVIDIA Nsight Development Platform, Visual Studio Edition is a development environment integrated into Microsoft Visual Studio that provides tools for debugging, profiling, analyzing and optimizing your GPU computing and graphics applications.
Default Install Location of Nsight Visual Studio Edition
Windows platform:
%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.#
1. License Agreement for NVIDIA Software Development Kits
Important Notice—Read before downloading, installing, copying or using the licensed software:
This license agreement, including exhibits attached (“Agreement”) is a legal agreement between you and NVIDIA Corporation (“NVIDIA”) and governs your use of a NVIDIA software development kit (“SDK”).
Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.
This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.
If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK.
You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
1.1. License
1.1.1. License Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to:
Install and use the SDK,
Modify and create derivative works of sample source code delivered in the SDK, and
Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
1.1.2. Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
Your application must have material additional functionality, beyond the included portions of the SDK.
The distributable portions of the SDK shall only be accessed by your application.
The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.”
Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only.
The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users.
You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK.
1.1.3. Authorized Users
You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.
1.1.4. Pre-Release SDK
The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss.
You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems.
NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability.
1.1.5. Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement. You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK.
1.1.6. Components Under Other Licenses
The SDK may come bundled with, or otherwise include or be distributed with, NVIDIA or third-party components with separate legal notices or terms as may be described in proprietary notices accompanying the SDK. If and to the extent there is a conflict between the terms in this Agreement and the license terms associated with the component, the license terms associated with the components control only to the extent necessary to resolve the conflict.
Subject to the other terms of this Agreement, you may use the SDK to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses.
1.1.7. Reservation of Rights
NVIDIA reserves all rights, title, and interest in and to the SDK, not expressly granted to you under this Agreement.
1.2. Limitations
The following license limitations apply to your use of the SDK:
You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK.
Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product.
Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA.
You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK.
You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be:
Disclosed or distributed in source code form;
Licensed for the purpose of making derivative works; or
Redistributable at no charge.
You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in connection with the design, construction, maintenance, and/or operation of any system where the use or failure of such system could result in a situation that threatens the safety of human life or results in catastrophic damages (each, a “Critical Application”). Examples of Critical Applications include use in avionics, navigation, autonomous vehicle applications, ai solutions for automotive products, military, medical, life support or other life critical applications. NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses. You are solely responsible for ensuring that any product or service developed with the SDK as a whole includes sufficient features to comply with all applicable legal and regulatory standards and requirements.
You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to products or services that use the SDK in or for Critical Applications, and for use of the SDK outside of the scope of this Agreement or not in compliance with its terms.
You may not reverse engineer, decompile or disassemble any portion of the output generated using SDK elements for the purpose of translating such output artifacts to target a non-NVIDIA platform.
1.3. Ownership
NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 1.3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights.
You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under Section 1.3.1.
You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com.
1.4. No Warranties
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
1.5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY (I) SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (II) DAMAGES FOR (A) ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR (B) THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
1.6. Termination
This Agreement will continue to apply until terminated by either you or NVIDIA as described below.
If you want to terminate this Agreement, you may do so by stopping to use the SDK.
NVIDIA may, at any time, terminate this Agreement if:
(i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights);
(ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or
(iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable.
Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the license grant provisions.
1.7. General
If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement.
The SDK has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, you confirm that you are not located in a country currently embargoed by the U.S. or otherwise prohibited from receiving the SDK under U.S. law.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this SDK license. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties.
2. CUDA Toolkit Supplement to Software License Agreement for NVIDIA Software Development Kits
The terms in this supplement govern your use of the NVIDIA CUDA Toolkit SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.
2.1. License Scope
The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs.
2.2. Distribution
The portions of the SDK that are distributable under the Agreement are listed in Attachment A.
2.3. Operating Systems
Those portions of the SDK designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed for use in accordance with this Agreement, provided that the object code files are not modified in any way (except for unzipping of compressed files).
2.4. Audio and Video Encoders and Decoders
You acknowledge and agree that it is your sole responsibility to obtain any additional third-party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any third-party software and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not grant to you under this Agreement any necessary patent or other rights with respect to any audio and/or video encoders and decoders.
2.5. Licensing
If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at nvidia-compute-license-questions@nvidia.com.
License Agreement for NVIDIA Software Development Kits
Release date: January 28, 2020
1.1. License
1.1.1. License Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, nontransferable
license, without the right to sublicense (except as expressly provided in this
Agreement) to:
1.
Install and use the SDK,
2.
Modify and create derivative works of sample source code delivered in the SDK,
and
3.
Distribute those portions of the SDK that are identified in this Agreement as
distributable, as incorporated in object code format into a software application that
meets the distribution requirements indicated in this Agreement.
1.1.2. Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
1.
Your application must have material additional functionality, beyond the included
portions of the SDK.
2.
The distributable portions of the SDK shall only be accessed by your application.
3.
The following notice shall be included in modifications and derivative works of
sample source code distributed: “This software contains source code provided by
NVIDIA Corporation.”
4.
Unless a developer tool is identified in this Agreement as distributable, it is
delivered for your internal use only.
5.
The terms under which you distribute your application must be consistent with the
terms of this Agreement, including (without limitation) terms relating to the license
grant and license restrictions and protection of NVIDIA’s intellectual property
rights. Additionally, you agree that you will protect the privacy, security and legal
rights of your application users.
6.
You agree to notify NVIDIA in writing of any known or suspected distribution or
use of the SDK not in compliance with the requirements of this Agreement, and to
enforce the terms of your agreements with respect to distributed SDK.
1.1.3. Authorized Users
You may allow employees and contractors of your entity or of your subsidiary(ies) to
access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the
academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your
authorized users. If you become aware that your authorized users didn’t follow
the terms of this Agreement, you agree to take reasonable steps to resolve the noncompliance
and prevent new occurrences.
1.1.4. Pre-Release SDK
The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may
not be fully functional, may contain errors or design flaws, and may have reduced or
different security, privacy, accessibility, availability, and reliability standards relative to
commercial versions of NVIDIA software and materials. Use of a pre-release SDK may
result in unexpected results, loss of data, project delays or other unpredictable damage
or loss.
You may use a pre-release SDK at your own risk, understanding that pre-release SDKs
are not intended for use in production or business-critical systems.
NVIDIA may choose not to make available a commercial version of any pre-release SDK.
NVIDIA may also choose to abandon development and terminate the availability of a
pre-release SDK at any time without liability.
1.1.5. Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to
this SDK. Unless the updates are provided with their separate governing terms, they are
deemed part of the SDK licensed to you as provided in this Agreement. You agree that
the form and content of the SDK that NVIDIA provides may change without prior notice
to you. While NVIDIA generally maintains compatibility between versions, NVIDIA
may in some cases make changes that introduce incompatibilities in future versions of
the SDK.
1.1.6. Third Party Licenses
The SDK may come bundled with, or otherwise include or be distributed with, third
party software licensed by a NVIDIA supplier and/or open source software provided
under an open source license. Use of third party software is subject to the third-party
license terms, or in the absence of third party terms, the terms of this Agreement.
Copyright to third party software is held by the copyright holders indicated in the third-
party software or license.
1.1.7. Reservation of Rights
NVIDIA reserves all rights, title, and interest in and to the SDK, not expressly granted to
you under this Agreement.
1.2. Limitations
The following license limitations apply to your use of the SDK:
1.
You may not reverse engineer, decompile or disassemble, or remove copyright or
other proprietary notices from any portion of the SDK or copies of the SDK.
2.
Except as expressly provided in this Agreement, you may not copy, sell, rent,
sublicense, transfer, distribute, modify, or create derivative works of any portion of
the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone
product.
3.
Unless you have an agreement with NVIDIA for this purpose, you may not indicate
that an application created with the SDK is sponsored or endorsed by NVIDIA.
4.
You may not bypass, disable, or circumvent any encryption, security, digital rights
management or authentication mechanism in the SDK.
5.
You may not use the SDK in any manner that would cause it to become subject to
an open source software license. As examples, licenses that require as a condition of
use, modification, and/or distribution that the SDK be:
a.
Disclosed or distributed in source code form;
b.
Licensed for the purpose of making derivative works; or
c.
Redistributable at no charge.
6.
Unless you have an agreement with NVIDIA for this purpose, you may not use
the SDK with any system or application where the use or failure of the system or
application can reasonably be expected to threaten or result in personal injury,
death, or catastrophic loss. Examples include use in avionics, navigation, military,
medical, life support or other life critical applications. NVIDIA does not design, test
or manufacture the SDK for these critical uses and NVIDIA shall not be liable to you
or any third party, in whole or in part, for any claims or damages arising from such
uses.
7.
You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and
their respective employees, contractors, agents, officers and directors, from and
against any and all claims, damages, obligations, losses, liabilities, costs or debt,
fines, restitutions and expenses (including but not limited to attorney’s fees and
costs incident to establishing the right of indemnification) arising out of or related
to your use of the SDK outside of the scope of this Agreement, or not in compliance
with its terms.
1.3. Ownership
1.
NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its
modifications and derivative works, including their respective intellectual property
rights, subject to your rights described in this section. This SDK may include
software and materials from NVIDIA’s licensors, and these licensors are intended
third party beneficiaries that may enforce this Agreement with respect to their
intellectual property rights.
2.
You hold all rights, title and interest in and to your applications and your derivative
works of the sample source code delivered in the SDK, including their respective
intellectual property rights, subject to NVIDIA’s rights described in this section.
3.
You may, but don’t have to, provide to NVIDIA suggestions, feature requests
or other feedback regarding the SDK, including possible enhancements or
modifications to the SDK. For any feedback that you voluntarily provide, you
hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide,
irrevocable license to use, reproduce, modify, license, sublicense (through multiple
tiers of sublicensees), and distribute (through multiple tiers of distributors) it
without the payment of any royalties or fees to you. NVIDIA will use feedback
at its choice. NVIDIA is constantly looking for ways to improve its products,
so you may send feedback to NVIDIA through the developer portal at https://
developer.nvidia.com.
1.4. No Warranties
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO
THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN,
WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF
TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
1.5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES
SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF
DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE
PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY
ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL
NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR
ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE
LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR
EXTEND THIS LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA or its
affiliates have been advised of the possibility of such damages, and regardless of
whether a remedy fails its essential purpose. These exclusions and limitations of liability
form an essential basis of the bargain between the parties, and, absent any of these
exclusions or limitations of liability, the provisions of this Agreement, including, without
limitation, the economic terms, would be substantially different.
1.6. Termination
1.
This Agreement will continue to apply until terminated by either you or NVIDIA as
described below.
2.
If you want to terminate this Agreement, you may do so by stopping to use the SDK.
3.
NVIDIA may, at any time, terminate this Agreement if:
a.
(i) you fail to comply with any term of this Agreement and the non-compliance
is not fixed within thirty (30) days following notice from NVIDIA (or
immediately if you violate NVIDIA’s intellectual property rights);
b.
(ii) you commence or participate in any legal proceeding against NVIDIA with
respect to the SDK; or
c.
(iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s
sole discretion, the continued use of it is no longer commercially viable.
4.
Upon any termination of this Agreement, you agree to promptly discontinue
use of the SDK and destroy all copies in your possession or control. Your prior
distributions in accordance with this Agreement are not affected by the termination
of this Agreement. Upon written request, you will certify in writing that you have
complied with your commitments under this section. Upon any termination of this
Agreement all provisions survive except for the license grant provisions.
1.7. General
If you wish to assign this Agreement or your rights and obligations, including by
merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for
permission. Any attempted assignment not approved by NVIDIA in writing shall be
void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its
rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to
verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of
the State of Delaware as those laws are applied to contracts entered into and performed
entirely within Delaware by Delaware residents, without regard to the conflicts of laws
principles. The United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed. You agree to all terms of this Agreement in the English
language.
The state or federal courts residing in Santa Clara County, California shall have exclusive
jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding
this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an
equivalent type of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is
illegal, invalid or unenforceable, such provision will be construed as limited to the extent
necessary to be consistent with and fully enforceable under the law and the remaining
provisions will remain in full force and effect. Unless otherwise specified, remedies are
cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the
performance of this Agreement.
The SDK has been developed entirely at private expense and is “commercial items”
consisting of “commercial computer software” and “commercial computer software
documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure
by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions
in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at
FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas
Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that you will
not ship, transfer or export the SDK into any country, or use the SDK in any manner,
prohibited by the United States Bureau of Industry and Security or economic sanctions
regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets
Control (OFAC), or any applicable export laws, restrictions or regulations. These
laws include restrictions on destinations, end users and end use. By accepting this
Agreement, you confirm that you are not a resident or citizen of any country currently
embargoed by the U.S. and that you are not otherwise prohibited from receiving the
SDK.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via
mail, email or fax. You agree that any notices that NVIDIA sends you electronically
will satisfy any legal communication requirements. Please direct your legal notices or
other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara,
California 95051, United States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the
entire agreement of the parties with respect to the subject matter of this Agreement
and supersede all prior negotiations or documentation exchanged between the parties
www.nvidia.com
End User License Agreements (EULA)
DR-06739-001_v01_v11.0
NVIDIA VIDEO CODEC SDK LICENSE AGREEMENT (“Agreement”)
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE AND OTHER AVAILABLE MATERIALS, YOU (“LICENSEE”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. If Licensee does not agree to the terms and condition of this Agreement, THEN do not downLOAD, INSTALL OR USE the SOFTWARE AND MATERIALS.
The materials available for download to Licensees may include software in both sample source code ("Source Code") and object code ("Object Code") versions (collectively, the “Software”), documentation and other materials (collectively, these code and materials referred to herein as "Licensed Materials"). Except as expressly indicated herein, all terms and conditions of this Agreement apply to all of the Licensed Materials.
Except as expressly set forth herein, NVIDIA owns all of the Licensed Materials and makes them available to Licensee only under the terms and conditions set forth in this Agreement.
License: Subject to Licensee’s compliance with the terms of this Agreement, NVIDIA grants to Licensee a nonexclusive, non-transferable, worldwide, royalty-free, fully paid-up license and right to install, use, reproduce, display, perform, modify the Source Code of the Software, and to prepare and have prepared derivative works thereof, and distribute the Software and derivative works thereof (in object code only) as integrated in Licensee software products solely for use with supported NVIDIA GPU hardware products as specified in the accompanying release notes. The following terms apply to the Licensed Material:
Derivative Works: Subject to the License Grant Back below, Licensee shall own any Derivative Works it creates directly to the Source Code that integrates with Licensee’s software product ("Modification(s)") subject to NVIDIA’s ownership of the underlying Source Code and all intellectual property rights therein.
Distribution: Licensee may distribute the Software (in object code form) integrated with Licensee software products only to Licensee’s authorized distributors, resellers, and others in Licensee’s distribution chain for Licensee product and end users and grant to such third party a sublicense to use the Software under a written, legally enforceable agreement that has the effect of protecting the Software and the rights of NVIDIA under terms no less restrictive than this Agreement.
Limitations: Unless otherwise authorized in the Agreement, Licensee shall not otherwise assign, sublicense, lease, or in any other way transfer or disclose Software to any third party. Licensee agrees not to disassemble, decompile or reverse engineer the Object Code or use or modify any of the Licensed Materials to enable screen scraping, data scraping, or any other activity with the purpose of capturing copyright protected content in violation of a third party party’s intellectual property or other proprietary rights. Licensee shall indemnify NVIDIA for any and all claims, liabilities, damages, expenses and costs arising from Licensee’s breach of the foregoing limitations.
License Grant Back: Licensee hereby grants to NVIDIA and its affiliates a worldwide, non-exclusive, irrevocable, perpetual, sublicenseable (through multiple tiers of sublicensees), royalty-free and fully paid-up right and license to the Modification(s) created by or on behalf of Licensee so that NVIDIA may copy, modify, create derivatives works thereof, to use, have used, import, make, have made, sell, offer to sell, sublicense (through multiple tiers of sublicensees), distribute (through multiple tiers of distributors) such derivative work(s) on a stand-alone basis or as incorporated into the Licensed Materials or other related technologies. For the sake of clarity, NVIDIA is not prohibited or otherwise restricted from independently developing new features or functionality with respect to the Licensed Materials
No Other License: No rights or licenses with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by NVIDIA are granted by NVIDIA to Licensee under this Agreement, expressly or by implication, except as expressly provided in this Agreement.
Confidentiality: If applicable, any exchange of Confidential Information (as defined in the NDA) shall be made pursuant to the terms and conditions of a separately signed Non-Disclosure Agreement (“NDA”) by and between NVIDIA and You. For the sake of clarity, You agree that (a) the Software (in source code form); and (b) Your use of the Software is considered Confidential Information of NVIDIA.
If You wish to have a third party consultant or subcontractor ("Contractor") perform work on Your behalf which involves access to or use of Software, You shall obtain a written confidentiality agreement from the Contractor which contains terms and obligations with respect to access to or use of Software no less restrictive than those set forth in this Agreement and excluding any distribution or sublicense rights, and use for any other purpose than permitted in this Agreement. Otherwise, You shall not disclose the terms or existence of this Agreement or use NVIDIA's name in any publications, advertisements, or other announcements without NVIDIA's prior written consent. Unless otherwise provided in this Agreement, You do not have any rights to use any NVIDIA trademarks or logos.
Intellectual Property Ownership: Except as expressly licensed to Licensee under this Agreement, NVIDIA reserves all right, title and interest, including but not limited to all intellectual property rights, in and to the Licensed Materials and any derivative work(s) made thereto. The algorithms, structure, organization and Source Code are the valuable trade secrets and confidential information of NVIDIA.
Licensee acknowledges and agrees that it is Licensee’s sole responsibility to obtain any, additional, third party licenses required to make, have made, use, have used, sell, import, and offer for sale Licensee products that include or incorporate any third party technology such as operating systems, audio and/or video encoders and decoders or any technology from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies (“Third Party Technology”). Licensee acknowledges and agrees that NVIDIA has not granted to Licensee under this Agreement any necessary patent rights with respect to the Third Party Technology. As such, Licensee’s use of the Third Party Technology may be subject to further restrictions and terms and conditions. Licensee acknowledges and agrees that Licensee is solely and exclusively responsible for obtaining any and all authorizations and licenses required for the use, distribution and/or incorporation of the Third Party Technology.
Licensee shall, at its own expense fully indemnify, hold harmless, defend and/or settle any claim, suit or proceeding that is asserted by a third party against NVIDIA and its officers, employees or agents, to the extent such claim, suit or proceeding arising from or related to Licensee’s failure to fully satisfy and/or comply with the third party licensing obligations related to the Third Party Technology (a “Claim”). In the event of a Claim, Licensee agrees to: (a) pay all damages or settlement amounts, which shall not be finalized without the prior written consent of NVIDIA, (including other reasonable costs incurred by NVIDIA, including reasonable attorneys fees, in connection with enforcing this paragraph); (b) reimburse NVIDIA for any licensing fees and/or penalties incurred by NVIDIA in connection with a Claim; and (c) immediately procure/satisfy the third party licensing obligations before using the Software pursuant to this Agreement.
Term of Agreement: This Agreement shall become effective from the date of the initial download and shall remain in effect for one year thereafter, unless terminated as provided below. Unless either party notifies the other party of its intent to terminate this Agreement at least thirty (30) days prior to the end of the Initial Term or the applicable renewal period, this Agreement will be automatically renewed for one (1) year renewal periods thereafter, unless terminated in accordance with the “Termination” provision of this Agreement.
NVIDIA may terminate this Agreement (and with it, all of Licensee’s right to the Licensed Materials) if (i) Licensee fails to comply with any of the terms and conditions of this Agreement and if the breach is not cured within thirty (30) days after notice thereof. Upon expiration or termination of this Agreement pursuant to this paragraph, Licensee shall immediately cease using the Licensed Materials and return or destroy or copies thereof in its possession.
Defensive Suspension:If Licensee commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this Agreement.
No Support: NVIDIA has no obligation to support or to continue providing or updating any of the Licensed Materials.
No Warranty: THE LICENSED MATERIALS PROVIDED BY NVIDIA TO LICENSEE HEREUNDER ARE PROVIDED "AS IS." NVIDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability: NVIDIA SHALL NOT BE LIABLE TO LICENSEE, LICENSEE’S CUSTOMERS, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR UNDER LICENSEE FOR ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES (WHETHER IN AN ACTION IN CONTRACT, TORT OR BASED ON A WARRANTY), EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL NVIDIA’S AGGREGATE LIABILITY TO LICENSEE OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH OR UNDER LICENSEE EXCEED THE AMOUNT OF MONEY ACTUALLY PAID BY LICENSEE TO NVIDIA FOR THE LICENSED MATERIALS.
Applicable Law and Jurisdiction: This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Feedback:Licensee may, but is not obligated to, provide to NVIDIA any suggestions, comments and feedback regarding the Licensed Materials that are delivered by NVIDIA to Licensee under this Agreement (collectively, “Licensee Feedback”). NVIDIA may use and include any Licensee Feedback that Licensee voluntarily provides to improve the Licensed Materials or other related NVIDIA technologies. Accordingly, if Licensee provides Licensee Feedback, Licensee grants NVIDIA and its licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license grant to freely use, have used, sell, modify, reproduce, transmit, license, sublicense (through multiple tiers of sublicensees), distribute (through multiple tiers of distributors), and otherwise commercialize the Licensee Feedback in the Licensed Materials or other related technologies.
RESTRICTED RIGHTS NOTICE: Licensed Materials has been developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the license agreement under which Licensed Materials was obtained pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
Miscellaneous: If any provision of this Agreement is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This Agreement is solely between NVIDIA and Licensee. There are no third party beneficiaries, express or implied, to this Agreement. This Agreement may only be modified in writing signed by an authorized officer of NVIDIA. Licensee agrees that it will not ship, transfer or export the Licensed Materials into any country, or use the Licensed Materials in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations. This Agreement, and Licensee’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Licensee without NVIDIA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
NOTICE TO USER: The source code is copyrighted under U.S. and international laws. NVIDIA, Corp. of Sunnyvale, California owns the copyright and as design patents pending on the design and interface of the NV chips.
Users and possessors of this source code are hereby granted a nonexclusive, royalty-free copyright and design patent license to use this code in individual and commercial software.
Any use of this source code must include, in the user documentation and internal comments to the code, notices to the end user as follows:
Copyright (c) 1996-1998 NVIDIA, Corp. NVIDIA design patents pending in the U.S. and foreign countries.
NVIDIA, CORP. MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THIS SOURCE CODE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. NVIDIA, CORP. DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOURCE CODE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NVIDIA, CORP. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOURCE CODE.
If you are not a white heterosexual male you are permitted to copy, sell and use this work in any manner you choose without need to include any attribution you do not see fit. You are asked as a courtesy to retain this license in any derivatives but you are not required. If you are a white heterosexual male you are provided the same permissions (reuse, modification, resale) but are required to include this license in any documentation and any public facing derivative. You are also required to include attribution to the original author or to an author responsible for redistribution of a derivative.
NXLOG PUBLIC LICENSE v1.0
1. DEFINITIONS
“License” shall mean version 1.0 of the NXLOG PUBLIC LICENSE, i.e. the terms and conditions set forth in this document; “Software” shall mean the source code and object code form, all associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software" and are copyrighted by Licensor; “Licensor” refers to the copyright holder of the Software, i.e. NXLog Ltd.
2. GRANT OF LICENSE
Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided, further, that you distribute an unmodified copy of this License with the Software:
i. You may copy and distribute verbatim (i.e. unmodified) copies of the Software as you receive it, in any medium;
ii. You may modify the Software, create works based on the Software and distribute copies of such, in any medium.
By downloading, using, modifying and copying the Software (or any work based on the Software), you indicate your acceptance of this license to do so, and all its terms and conditions for using, copying, distributing and modifying the Software or works based on it. Nothing other than this license grants you permission to modify, distribute the program or its derivative works. If you do not accept these terms and conditions, do not use, modify or distribute the Software.
3. RESTRICTIONS ON COPYING, DISTRIBUTION AND USE
The Software may be copied and distributed with or without modifications in source code and object code form and may be used for commercial and non-commercial purposes provided that the following restrictions are met:
i. Distribution of the Software is prohibited if any payment is made in connection with such distribution. You may only charge a reasonable fee to cover the costs of copying and redistribution;
ii. Bundling the Software with a commercial product or using it to provide commercial services is prohibited if your product or service explicitly depends on the Software to be able to operate or function. You may use the Software without modifications to provide commercial services or to bundle it with your product provided that your service or product can also operate or function without the Software. A commercial license is available if you wish to incorporate the Software into your product or service which explicitly depends on the Software to be able to operate or function.
4. RESTRICTIONS ON MODIFICATION AND DERIVATIVE WORKS
The Software may be modified and derivative works may be distributed only under the terms of this license with the following restrictions:
i. Any modifications and enhancements to the Software, including any newly developed scripts, libraries, modules that depend on the Software, are considered derivative works (“Derivative Work”).
ii. If you have modified the Software or created Derivative Work, you must cause the work to carry prominent notices stating that you have modified the Software's files and the date of any change. In each source file that you have modified, you must include a prominent notice that you have modified the file, including your name, your e-mail address (if any), and the date and purpose of the change;
iii. All Derivative Works must be made public in source code form by making it accessible for download over the internet. You must also notify Licensor about the Derivative Work in e-mail;
iv. All Derivative works must be distributed with an unmodified copy of this License;
v. By creating a Derivative Work, you assign all copyrights relating to the modifications to Licensor. You acknowledge that Licensor will own all copyrights and Licensor may use and distribute the Derivative Work to third parties under different terms from that of this License.
5. NO WARRANTIES
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6. LIMITATION OF LIABILITY
This limitation of liability is to the maximum extent permitted by applicable law. In no event shall Licensor be liable for any costs of substitute products or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of the use or inability to use the Software, even if Licensor has been advised of the possibility of such damages. In any case, Licensor's entire liability arising out of this Agreement shall be limited to the greater of the amount actually paid for the Software; provided, however, that if you have entered into a Technical Services Support Agreement, Licensor's entire liability regarding support services shall be governed by the terms of that agreement.
Redistribution. Reproduction and redistribution in binary form, without
modification, for use solely in conjunction with a NXP
chipset, is permitted provided that the following conditions are met:
. Redistributions must reproduce the above copyright notice and the following
disclaimer in the documentation and/or other materials provided with the
distribution.
. Neither the name of NXP nor the names of its suppliers
may be used to endorse or promote products derived from this Software
without specific prior written permission.
. No reverse engineering, decompilation, or disassembly of this Software is
permitted.
Limited patent license. NXP (.Licensor.) grants you
(.Licensee.) a limited, worldwide, royalty-free, non-exclusive license under
the Patents to make, have made, use, import, offer to sell and sell the
Software. No hardware per se is licensed hereunder.
The term .Patents. as used in this agreement means only those patents or patent
applications owned solely and exclusively by Licensor as of the date of
Licensor.s submission of the Software and any patents deriving priority (i.e.,
having a first effective filing date) therefrom. The term .Software. as used in
this agreement means the firmware image submitted by Licensor, under the terms
of this license, to git://git.kernel.org/pub/scm/linux/kernel/git/firmware/
linux-firmware.git.
Notwithstanding anything to the contrary herein, Licensor does not grant and
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submission of any Software, any license or other rights under any patent or
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DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
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BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
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THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in binary form is permitted provided that the following
conditions are met:
1. Redistributions must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
2. Redistribution and use shall be used only with NXP B.V. silicon products.
Any other use, reproduction, modification, translation, or compilation of the
Software is prohibited.
3. No reverse engineering, decompilation, or disassembly is permitted.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS OR SUFFICIENCY FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, QUIET
ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
NXP B.V., ITS AFFILIATES AND THEIR SUPPLIERS DISCLAIM ANY WARRANTY THAT THE
DELIVERABLES WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.
Software License Agreement ("Agreement")
ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE ACCOMPANYING BINARY SOFTWARE
CONSTITUTES LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Licensed Software. "Binary Software" means software in binary form specified in
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Restrictions. Licensee must reproduce the Licensor copyright notice above with
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Licensee must not reverse engineer, decompile, disassemble or modify in any way
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"AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
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OR THE BINARY SOFTWARE SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO THE AGGREGATE
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WHICH LOSSES OR DAMAGES ARE CLAIMED.
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export or re-export, directly or indirectly, any product, software, including
software source code, or technology restricted by such regulations or by other
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or any direct product of such software or technical data to any person, firm,
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EAR. This provision shall survive termination or expiration of this Agreement.
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Restrictions, Warranty Disclaimer, Limitation of Liability, Trade Compliance,
Assignment, Governing Law, and Third Party Terms shall survive termination or
expiration of this Agreement.
Third Party Terms. The licensed Binary Software includes the following third
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Libfdt - Flat Device Tree manipulation
Copyright (c) 2006 David Gibson, IBM Corporation
All rights reserved.
Redistributions must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LibElf
Copyright (c) 2006,2008-2011 Joseph Koshy
All rights reserved.
Redistributions must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ANNEX A
BINARY SOFTWARE
Only software in binary form may be provided under this Agreement
Software that is described herein is for illustrative purposes only
which provides customers with programming information regarding the
products. This software is supplied ""AS IS"" without any warranties.
NXP Semiconductors assumes no responsibility or liability for the
use of the software, conveys no license or title under any patent,
copyright, or mask work right to the product. NXP Semiconductors
reserves the right to make changes in the software without
notification. NXP Semiconductors also make no representation or
warranty that such application will be suitable for the specified
use without further testing or modification.
Permission to use, copy, modify, and distribute this software and its
documentation is hereby granted, under NXP Semiconductors' and its
licensor's relevant copyrights in the software, without fee, provided that it
is used in conjunction with NXP Semiconductors microcontrollers. This
copyright, permission, and disclaimer notice must appear in all copies of
this code.
Software that is described herein is for illustrative purposes only
which provides customers with programming information regarding the
products. This software is supplied "AS IS" without any warranties.
NXP Semiconductors assumes no responsibility or liability for the
use of the software, conveys no license or title under any patent,
copyright, or mask work right to the product. NXP Semiconductors
reserves the right to make changes in the software without
notification. NXP Semiconductors also make no representation or
warranty that such application will be suitable for the specified
use without further testing or modification.
NYSL Version 0.9982
----------------------------------------
A. 本ソフトウェアは Everyone'sWare です。このソフトを手にした一人一人が、
ご自分の作ったものを扱うのと同じように、自由に利用することが出来ます。
A-1. フリーウェアです。作者からは使用料等を要求しません。
A-2. 有料無料や媒体の如何を問わず、自由に転載・再配布できます。
A-3. いかなる種類の 改変・他プログラムでの利用 を行っても構いません。
A-4. 変更したものや部分的に使用したものは、あなたのものになります。
公開する場合は、あなたの名前の下で行って下さい。
B. このソフトを利用することによって生じた損害等について、作者は
責任を負わないものとします。各自の責任においてご利用下さい。
C. 著作者人格権は <copyright holders> に帰属します。著作権は放棄します。
D. 以上の３項は、ソース・実行バイナリの双方に適用されます。
NYSL Version 0.9982 (en) (Unofficial)
----------------------------------------
A. This software is "Everyone'sWare". It means:
Anybody who has this software can use it as if he/she is
the author.
A-1. Freeware. No fee is required.
A-2. You can freely redistribute this software.
A-3. You can freely modify this software. And the source
may be used in any software with no limitation.
A-4. When you release a modified version to public, you
must publish it with your name.
B. The author is not responsible for any kind of damages or loss
while using or misusing this software, which is distributed
"AS IS". No warranty of any kind is expressed or implied.
You use AT YOUR OWN RISK.
C. Copyrighted to <copyright holders>
D. Above three clauses are applied both to source and binary
form of this software.
Open Use of Data Agreement v1.0
This is the Open Use of Data Agreement, Version 1.0 (the "O-UDA"). Capitalized terms are defined in Section 5. Data Provider and you agree as follows:
Provision of the Data
1.1. You may use, modify, and distribute the Data made available to you by the Data Provider under this O-UDA if you follow the O-UDA's terms.
1.2. Data Provider will not sue you or any Downstream Recipient for any claim arising out of the use, modification, or distribution of the Data provided you meet the terms of the O-UDA.
1.3 This O-UDA does not restrict your use, modification, or distribution of any portions of the Data that are in the public domain or that may be used, modified, or distributed under any other legal exception or limitation.
No Restrictions on Use or Results
2.1. The O-UDA does not impose any restriction with respect to:
2.1.1. the use or modification of Data; or
2.1.2. the use, modification, or distribution of Results.
Redistribution of Data
3.1. You may redistribute the Data under terms of your choice, so long as:
3.1.1. You include with any Data you redistribute all credit or attribution information that you received with the Data, and your terms require any Downstream Recipient to do the same; and
3.1.2. Your terms include a warranty disclaimer and limitation of liability for Upstream Data Providers at least as broad as those contained in Section 4.2 and 4.3 of the O-UDA.
No Warranty, Limitation of Liability
4.1. Data Provider does not represent or warrant that it has any rights whatsoever in the Data.
4.2. THE DATA IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3. NEITHER DATA PROVIDER NOR ANY UPSTREAM DATA PROVIDER SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Definitions
5.1. "Data" means the material you receive under the O-UDA in modified or unmodified form, but not including Results.
5.2. "Data Provider" means the source from which you receive the Data and with whom you enter into the O-UDA.
5.3. "Downstream Recipient" means any person or persons who receives the Data directly or indirectly from you in accordance with the O-UDA.
5.4. "Result" means anything that you develop or improve from your use of Data that does not include more than a de minimis portion of the Data on which the use is based. Results may include de minimis portions of the Data necessary to report on or explain use that has been conducted with the Data, such as figures in scientific papers, but do not include more. Artificial intelligence models trained on Data (and which do not include more than a de minimis portion of Data) are Results.
5.5. "Upstream Data Providers" means the source or sources from which the Data Provider directly or indirectly received, under the terms of the O-UDA, material that is included in the Data.
Copying or modifying this code for any purpose is permitted, provided that this
copyright notice is preserved in its entirety in all copies or modifications.
No warranties is provided, as to this code.
Intellectual Property Rights (IPR) Policy
1. INTRODUCTION
2. DEFINITIONS
3. CONFIDENTIALITY
4. TC FORMATION
5. CONTRIBUTIONS
6. LIMITED PATENT COVENANT FOR SPECIFICATION DEVELOPMENT
7. FEEDBACK
8. DISCLOSURE
9. TYPES OF OBLIGATIONS
10. LICENSING REQUIREMENTS
11. WITHDRAWAL AND TERMINATION
12. LIMITATIONS OF LIABILITY
13. GENERAL
14. NOTICES
Appendix A. Feedback License
Appendix B. Copyright License Grant
1. INTRODUCTION
The OASIS Intellectual Property Rights (IPR) Policy governs the treatment of intellectual property in the production
of deliverables by OASIS Open (hereafter referred to as OASIS).
This Policy applies to all members of OASIS and their Affiliates (as defined below). The OASIS Board of Directors
may amend this Policy at any time in its sole discretion. In the event of such change to this Policy, the Board will
provide instructions for transition of membership and Technical Committees to the new Policy; however, no
amendment to this Policy will be effective in less than 60 calendar days from the date that written notice of such
amendment is given to the Member at its address of record with OASIS.
2. DEFINITIONS
Each capitalized term within this document shall have the meaning provided below:
1. Affiliate – any entity that directly or indirectly controls, is controlled by, or is under common control with,
another entity, so long as such control exists. In the event that such control ceases to exist, such Affiliate will
be deemed to have withdrawn from OASIS pursuant to the terms set forth in the withdrawal provisions in
Section 11. For purposes of this definition, with respect to a business entity, control means direct or indirect
beneficial ownership of or the right to exercise (i) greater than fifty percent (50%) of the voting stock or
equity in an entity; or (ii) greater than fifty percent (50%) of the ownership interest representing the right to
make the decisions for the subject entity in the event that there is no voting stock or equity.
2. Beneficiary – any organization, including its Affiliates as defined in this Policy, or individual who benefits
from the OASIS Non-Assertion Covenant with respect to Essential Claims from Obligated Parties for a
particular OASIS Standards Final Deliverable. A Beneficiary need not be an OASIS member.
3. Continuing Licensing or Non-Assertion Obligation – a licensing or non-assertion obligation, of the types
defined by Section 9 of this Policy, which survives a TC Party’s withdrawal from an OASIS Technical
Committee.
4. Contribution – any material submitted to an OASIS Technical Committee by a TC Member in writing or
electronically, whether in an in-person meeting or in any electronic conference or mailing list maintained by
OASIS for the OASIS Technical Committee and which is or was proposed for inclusion in an OASIS Deliverable.
5. Contribution Obligation – a licensing or non-assertion requirement, as described in Section 10 that results
from making a Contribution as described in Section 9.1.
6. Contributor – a TC Party on whose behalf a Contribution is made by the TC Party’s TC Member.
7. Covered Product – includes only those specific portions of a product (hardware, software or combinations
thereof) that (a) implement and are compliant with all Normative Portions of an OASIS Standards Final
Deliverable produced by a Non-Assertion Mode TC that must be implemented to comply with such
deliverable, and (b) to the extent that the product implements one or more optional portions of such
deliverable, those portions that implement and are compliant with all Normative Portions that must be
implemented to comply with such optional portions of the deliverable.
8. Eligible Person – one of a class of individuals that include: persons holding individual memberships in
OASIS, employees or designees of organizational members of OASIS, and such other persons as may be
designated by the OASIS Board of Directors.
9. Essential Claims – those claims in any patent or patent application in any jurisdiction in the world that
would necessarily be infringed by an implementation of those portions of a particular OASIS Standards Final
Deliverable created within the scope of the TC charter in effect at the time such deliverable was developed.
A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is
no non-infringing alternative for implementing the Normative Portions of that particular OASIS Standards
Final Deliverable. Existence of a non-infringing alternative shall be judged based on the state of the art at
the time the OASIS Standards Final Deliverable is approved.
10. Feedback – any written or electronic input provided to an OASIS Technical Committee by individuals who
are not TC Members and which is proposed for inclusion in an OASIS Deliverable. All such Feedback must be
made under the terms of the Feedback License (Appendix A).
11. Final Maintenance Deliverable – Any OASIS Standards Final Deliverable that results entirely from
Maintenance Activity.
12. IPR Mode – an element of an OASIS TC charter, which specifies the type of licenses or non-assertion
covenants required for any Essential Claims associated with the output produced by a given Technical
Committee. This is further described in Section 4.
13. Licensed Products – include only those specific portions of a Licensee’s products (hardware, software or
combinations thereof) that (a) implement and are compliant with all Normative Portions of an OASIS
Standards Final Deliverable that must be implemented to comply with such deliverable, and (b) to the
extent that the Licensee’s products implement one or more optional portions of such deliverable, those
portions of Licensee’s products that implement and are compliant with all Normative Portions that must be
implemented to comply with such optional portions of the deliverable.
14. Licensee – any organization, including its Affiliates as defined in this Policy, or individual that licenses
Essential Claims from Obligated Parties for a particular OASIS Standards Final Deliverable. Licensees need
not be OASIS members.
15. Maintenance Activity – Any drafting or development work to modify an OASIS Standards Final Deliverable
that (a) constitutes only error corrections, bug fixes or editorial formatting changes to the OASIS Standards
Final Deliverable; and (b) does not add any feature; and (c) is within the scope of the TC that approved the
OASIS Standards Final Deliverable (whether or not the work is conducted by the same TC).
16. Normative Portion – a portion of an OASIS Standards Final Deliverable that must be implemented to
comply with such deliverable. If such deliverable defines optional parts, Normative Portions include those
portions of the optional part that must be implemented if the implementation is to comply with such
optional part. Examples and/or reference implementations and other specifications or standards that were
developed outside the TC and which are referenced in the body of a particular OASIS Standards Final
Deliverable that may be included in such deliverable are not Normative Portions.
17. Non-Assertion Mode TC – an OASIS TC that is chartered under the Non-Assertion IPR Mode described in
Section 4.
18. OASIS Deliverable – a work product developed by a Technical Committee within the scope of its charter
which is enumerated in and developed in accordance with the OASIS Technical Committee Process.
19. OASIS Standards Draft Deliverable – an OASIS Deliverable that has been designated and approved by a
Technical Committee as an OASIS Standards Draft Deliverable and which is enumerated in and developed
in accordance with the OASIS Technical Committee Process.
20. OASIS Standards Final Deliverable – an OASIS Deliverable that has been designated and approved by a
Technical Committee as an OASIS Standards Final Deliverable and which is enumerated in and developed
in accordance with the OASIS Technical Committee Process.
21. OASIS Party – a member of OASIS (i.e., an entity that has executed an OASIS Membership Agreement) and
its Affiliates.
22. OASIS TC Administrator – the person(s) appointed to represent OASIS in administrative matters relating to
TCs as provided by the OASIS Technical Committee Process.
23. OASIS Technical Committee (TC) – a group of Eligible Persons formed, and whose actions are conducted,
according to the provisions of the OASIS Technical Committee Process.
24. OASIS Technical Committee Process – the "OASIS OPEN TECHNICAL COMMITTEE PROCESS", as from time to
time amended, which describes the operation of Technical Committees at OASIS.
25. Obligated Party – a TC Party that incurs a licensing or non-assertion obligation for its Essential Claims by
either a Contribution Obligation or a Participation Obligation.
26. Participation Obligation – a licensing or non-assertion requirement, as described in Section 10, that arises
from membership in an OASIS Technical Committee, as described in Section 9.2.
27. RAND Mode TC – an OASIS TC that is chartered under the RAND IPR Mode described in Section 4.
28. RF Mode TC – an OASIS TC that is chartered under one of the RF IPR Modes described in Section 4.
29. TC Member – an Eligible Person who has completed the requirements to join a TC during the period in which
s/he maintains his or her membership as described by the OASIS Technical Committee Process. A TC
Member may represent the interests of a TC Party in the TC.
30. TC Party – an OASIS Party that is, or is represented by, a TC Member in the relevant Technical Committee.
3. CONFIDENTIALITY
Neither Contributions nor Feedback that are subject to any requirement of confidentiality may be considered in
any part of the OASIS Technical Committee Process. All Contributions and Feedback will therefore be deemed to
have been submitted on a non-confidential basis, notwithstanding any markings or representations to the
contrary, and OASIS shall have no obligation to treat any such material as confidential.
4. TC FORMATION
At the time a TC is chartered, the proposal to form the TC must specify the IPR Mode under which the Technical
Committee will operate. This Policy describes the following IPR Modes:
1. RAND – requires all Obligated Parties to license their Essential Claims using the RAND licensing elements
described in Section 10.1.
2. RF on RAND Terms – requires all Obligated Parties to license their Essential Claims using the RF licensing
elements described in Sections 10.2.1 and 10.2.2.
3. RF on Limited Terms – requires all Obligated Parties to license their Essential Claims using the RF licensing
elements described in Sections 10.2.1 and 10.2.3.
4. Non-Assertion – requires all Obligated Parties to provide an OASIS Non-Assertion Covenant as described in
Section 10.3.
A TC may not change its IPR Mode without closing and submitting a new charter.
5. CONTRIBUTIONS
5.1 General
At the time of submission of a Contribution for consideration by an OASIS Technical Committee, each named coContributor (and its respective Affiliates) is deemed to agree to the following terms and conditions and to make
the following representations (based on the actual knowledge of the TC Member(s) making the Contribution, with
respect to items 3 – 5 below, inclusive):
1. OASIS has no duty to publish or otherwise use or disseminate any Contribution.
2. OASIS may reference the name(s) of the Contributor(s) for the purpose of acknowledging and publishing
the Contribution.
3. The Contribution properly identifies any holders of copyright interests in the Contribution.
4. No information in the Contribution is confidential, and OASIS may freely disclose any information in the
Contribution.
5. There are no limits to the Contributor’s ability to make the grants, acknowledgments, and agreements
required by this Policy with respect to such Contribution.
5.2 Copyright Licenses
1. To the extent that a Contributor holds a copyright interest in its Contribution, such Contributor grants to
OASIS a perpetual, irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to
directly and indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to
prepare derivative works that are based on or incorporate all or part of the Contribution solely for the
purpose of developing and promoting the OASIS Deliverable and enabling (subject to the rights of the
owners of any Essential Claims) the implementation of the same by Licensees or Beneficiaries.
2. To the extent that a Contribution is subject to copyright by parties that are not Contributors, the
submitter(s) must provide OASIS with a signed “Copyright License Grant” (Appendix B) from each such
copyright owner whose permission would be required to permit OASIS to exercise the rights described in
Appendix B.
5.3 Trademarks
1. Trademarks or service marks that are not owned by OASIS shall not be used by OASIS, except as approved
by the OASIS Board of Directors, to refer to work conducted at OASIS, including the use in the name of an
OASIS TC, an OASIS Deliverable, or incorporated into such work.
2. No OASIS Party may use an OASIS trademark or service mark in connection with an OASIS Deliverable or
otherwise, except in compliance with such license and usage guidelines as OASIS may from time to time
require.
6. LIMITED PATENT COVENANT FOR DELIVERABLE DEVELOPMENT
To permit TC Members and their TC Parties to develop implementations of OASIS Standards Draft Deliverables
being developed by a TC, each TC Party represented by a TC Member in a TC, at such time that the TC Member
joins the TC, grants to each other TC Party in that TC automatically and without further action on its part, and on
an ongoing basis, a limited covenant not to assert any Essential Claims required to implement such OASIS
Standards Draft Deliverable and covering making or using (but not selling or otherwise distributing) an
implementation of such OASIS Standards Draft Deliverable, solely for the purpose of testing and developing such
deliverable and only until either the OASIS Standards Draft Deliverable is approved as an OASIS Standards Final
Deliverable or the Technical Committee is closed.
7. FEEDBACK
1. OASIS encourages Feedback to OASIS Deliverables from both OASIS Parties who are not TC Parties and the
public at large. Feedback will be accepted only under the "Feedback License" (Appendix A).
2. OASIS will require that submitters of Feedback agree to the terms of the Feedback License before
transmitting submitted Feedback to the Technical Committee.
8. DISCLOSURE
1. Disclosure Obligations – Each TC Party shall disclose to OASIS in writing the existence of all patents and/or
patent applications owned or claimed by such TC Party that are actually known to the TC Member directly
participating in the TC, and which such TC Member believes may contain any Essential Claims or claims
that might become Essential Claims upon approval of an OASIS Standards Final Deliverable as such
document then exists (collectively, “Disclosed Claims”).
2. Disclosure of Third Party Patent Claims – Each TC Party whose TC Members become aware of patents or
patent applications owned or claimed by a third party that contain claims that might become Essential
Claims upon approval of an OASIS Standards Final Deliverable should disclose them, provided that such
disclosure is not prohibited by any confidentiality obligation binding upon them. It is understood that any TC
Party that discloses third party patent claims to OASIS does not take a position on the essentiality or
relevance of the third party claims to the OASIS Standards Final Deliverable in its then-current form.
In both cases (Sections 8.1 and 8.2), it is understood and agreed that such TC Party(s)’ TC Member(s) do not
represent that they know of all potentially pertinent claims of patents and patent applications owned or
claimed by the TC Party or any third parties. For the avoidance of doubt, while the disclosure obligation
under Sections 8.1 and 8.2 applies directly to all TC Parties, this obligation is triggered based on the actual
knowledge of the TC Party’s TC Members regarding the TC Party’s patents or patent applications that may
contain Essential Claims.
3. Disclosure Requests – Disclosure requests will be included as described in Section 12 with all public review
copies of OASIS Standards Final Deliverables. All OASIS Parties are encouraged to review such OASIS
Standards Final Deliverables and make appropriate disclosures.
4. Limitations – A disclosure request and the obligation to disclose set forth above do not imply any
obligations on the recipients of disclosure requests (collectively or individually) or on any OASIS Party to
perform or conduct patent searches. Nothing in this Policy nor the act of receiving a disclosure request for
an OASIS Standards Final Deliverable, regardless of whether it is responded to, shall be construed or
otherwise interpreted as any kind of express or implied representation with respect to the existence or nonexistence of patents or patent applications which contain Essential Claims, other than that such TC Party
has acted in good faith with respect to its disclosure obligations.
5. Information – Any disclosure of Disclosed Claims shall include (a) in the case of issued patents and
published patent applications, the patent or patent application publication number, the associated country
and, as reasonably practicable, the relevant portions of the applicable OASIS Standards Final Deliverable;
and (b) in the case of unpublished patent applications, the existence of the unpublished application and, as
reasonably practicable, the relevant portions of the applicable OASIS Standards Final Deliverable.
9. TYPES OF OBLIGATIONS
9.1 Contribution Obligation
A TC Party has a Contribution Obligation, which arises at the time the Contribution is submitted to a TC, to license
or provide under non-assertion covenants as appropriate for the IPR mode described in Section 10, any claims
under its patents or patent applications that become Essential Claims when such Contribution is incorporated
(either in whole or in part) into (a) the OASIS Standards Final Deliverable produced by the TC that received the
Contribution, or (b) any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable.
9.2 Participation Obligation
A TC Party has a Participation Obligation to license or provide under non-assertion covenant as appropriate for
the IPR mode, as described in Section 10, any claims under its patents or patent applications that would be
Essential Claims in the then current OASIS Standards Draft Deliverable, if that draft subsequently becomes an
OASIS Standards Final Deliverable, even if the TC Party is not a Contributor, when all of the following conditions are
met:
- An OASIS Standards Final Deliverable is finally approved that incorporates such OASIS Standards Draft
Deliverable, either in whole or in part;
- The TC Party has been on, or has been represented by TC Member(s) on such TC for a total of sixty (60)
calendar days, which need not be continuous;
- The TC Party is on, or is represented by TC Member(s) on such TC after a period of seven (7) calendar days
after the ballot to approve such OASIS Standards Draft Deliverable has elapsed.
Once the foregoing conditions are met, that TC Party’s Participation Obligation so to license or provide a nonassertion covenant continues with respect to that OASIS Standards Final Deliverable, and any Final Maintenance
Deliverable subsequently approved with respect to that OASIS Standards Final Deliverable.
For organizational TC Parties, the membership threshold is met by one or more employees or organizational
designees of such Parties having been a TC Member on any 60 calendar days, although any given calendar day
is only one day of membership, regardless of the number of participants on that day.
Each time a new OASIS Standards Draft Deliverable is approved by the TC, the Participation Obligation adjusts to
encompass the material in the latest OASIS Standards Draft Deliverable seven days after such draft has been
approved for publication.
10. LICENSING REQUIREMENTS
10.1 RAND Mode TC Requirements
For an OASIS Standards Final Deliverable developed by a RAND Mode TC, except where a Licensee has a separate,
signed agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and
conditions than set forth in this section (in which case such separate signed agreement shall supersede this
Limited Patent License), each Obligated Party in such TC hereby covenants that, upon request and subject to
Section 11, it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual
patent license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution
Obligations or Participation Obligations on fair, reasonable, and non-discriminatory terms to make, have made,
use, market, import, offer to sell, and sell, and to otherwise directly or indirectly distribute (a) Licensed Products
that implement such OASIS Standards Final Deliverable, and (b) Licensed Products that implement any Final
Maintenance Deliverable with respect to that OASIS Standards Final Deliverable. Such license need not extend to
features of a Licensed Product that are not required to comply with the Normative Portions of such OASIS
Standards Final Deliverable or Final Maintenance Deliverable. For the sake of clarity, the rights set forth above
include the right to directly or indirectly authorize a third party to make unmodified copies of the Licensee’s
Licensed Products and to license (optionally under the third party’s license) the Licensee’s Licensed Products
within the scope of, and subject to the terms of, the Obligated Party’s license.
At the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal
license to its Essential Claims (if any) covering the same OASIS Standards Final Deliverable and any such Final
Maintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such
deliverable. The Obligated Party may also include a term providing that such license may be suspended with
respect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any
of the Licensee’s Essential Claims covering the same OASIS Standards Final Deliverable or any such Final
Maintenance Deliverable.
License terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned above are
left to the Licensees and Obligated Parties involved.
10.2 RF Mode TC Requirements
10.2.1 Common
For an OASIS Standards Final Deliverable developed by an RF Mode TC, except where a Licensee has a separate,
signed agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and
conditions than set forth in this section (in which case such separate signed agreement shall supersede this
Limited Patent License), each Obligated Party in such TC hereby covenants that, upon request and subject to
Section 11, it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual
patent license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution
Obligations or Participation Obligations without payment of royalties or fees, and subject to the applicable Section
10.2.2 or 10.2.3, to make, have made, use, market, import, offer to sell, and sell, and to otherwise directly or indirectly
distribute (a) Licensed Products that implement such OASIS Standards Final Deliverable, and (b) Licensed
Products that implement any Final Maintenance Deliverable with respect to that OASIS Standards Final
Deliverable. Such license need not extend to features of a Licensed Product that are not required to comply with
the Normative Portions of such OASIS Standards Final Deliverable or Final Maintenance Deliverable. For the sake of
clarity, the rights set forth above include the right to directly or indirectly authorize a third party to make
unmodified copies of the Licensee’s Licensed Products and to license (optionally under the third party’s license)
the Licensee’s Licensed Products, within the scope of, and subject to the terms of, the Obligated Party’s license.
At the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal
license to its Essential Claims (if any) covering the same OASIS Standards Final Deliverable and any such Final
Maintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such
deliverable. The Obligated Party may also include a term providing that such license may be suspended with
respect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any
of the Licensee’s Essential Claims covering the same OASIS Standards Final Deliverable and any such Final
Maintenance Deliverable.
10.2.2 RF on RAND Terms
With TCs operating under the RF on RAND Terms IPR Mode, license terms that are fair, reasonable, and nondiscriminatory beyond those specifically mentioned in Section 10.2.1 may also be included, and such additional
RAND terms are left to the Licensees and Obligated Parties involved.
10.2.3 RF on Limited Terms
With TCs operating under the RF on Limited Terms IPR Mode, Obligated Parties may not impose any further
conditions or restrictions beyond those specifically mentioned in Section 10.2.1 on the use of any technology or
intellectual property rights, or other restrictions on behavior of the Licensee, but may include reasonable,
customary terms relating to operation or maintenance of the license relationship, including the following: choice
of law and dispute resolution.
10.3. Non-Assertion Mode TC Requirements
10.3.1. For an OASIS Standards Final Deliverable developed by a Non-Assertion Mode TC, and any Final
Maintenance Deliverable with respect to that OASIS Standards Final Deliverable, each Obligated Party in such TC
hereby makes the following world-wide “OASIS Non-Assertion Covenant”.
Each Obligated Party in a Non-Assertion Mode TC irrevocably covenants that, subject to Section 10.3.2 and Section
11 of the OASIS IPR Policy, it will not assert any of its Essential Claims covered by its Contribution Obligations or
Participation Obligations against any OASIS Party or third party for making, having made, using, marketing,
importing, offering to sell, selling, and otherwise distributing Covered Products that implement an OASIS Standards
Final Deliverable developed by that TC and Covered Products that implement any Final Maintenance Deliverable
with respect to that OASIS Standards Final Deliverable.
10.3.2. The covenant described in Section 10.3.1 may be suspended or revoked by the Obligated Party with respect
to any OASIS Party or third party if that OASIS Party or third party asserts an Essential Claim in a suit first brought
against, or attempts in writing to assert an Essential Claim against, a Beneficiary with respect to a Covered
Product that implements the same OASIS Standards Final Deliverable or any such Final Maintenance Deliverable.
11. WITHDRAWAL AND TERMINATION
A TC Party may withdraw from a TC at any time by notifying the OASIS TC Administrator in writing of such decision
to withdraw. Withdrawal shall be deemed effective when such written notice is sent.
11.1 Withdrawal from a Technical Committee
A TC Party that withdraws from an OASIS Technical Committee shall have Continuing Licensing or Non-Assertion
Obligations based on its Contribution Obligations and Participation Obligations as follows:
1. A TC Party that has incurred neither a Contribution Obligation nor a Participation Obligation prior to
withdrawal has no licensing or non-assertion obligations for OASIS Standards Final Deliverable(s)
originating from that OASIS TC.
2. A TC Party that has incurred a Contribution Obligation prior to withdrawal continues to be subject to its
Contribution Obligation.
3. A TC Party that has incurred a Participation Obligation prior to withdrawal continues to be subject to its
Participation Obligation but only with respect to OASIS Standards Draft Deliverable(s) approved more than
seven (7) calendar days prior to its withdrawal.
11.2 Termination of an OASIS Membership
An OASIS Party that terminates its OASIS membership (voluntarily or involuntarily) is deemed to withdraw from all
TCs in which that OASIS Party has TC Member(s) representing it, and such OASIS Party remains subject to
Continuing Licensing or Non-Assertion Obligations for each such TC based on its Obligated Party status in that TC
on the date that its membership termination becomes effective.
12. LIMITATIONS OF LIABILITY
All OASIS Deliverables are provided “as is”, without warranty of any kind, express or implied, and OASIS, as well as
all OASIS Parties and TC Members, expressly disclaim any warranty of merchantability, fitness for a particular or
intended purpose, accuracy, completeness, non-infringement of third party rights, or any other warranty.
In no event shall OASIS or any of its constituent parts (including, but not limited to, the OASIS Board of Directors),
be liable to any other person or entity for any loss of profits, loss of use, direct, indirect, incidental, consequential,
punitive, or special damages, whether under contract, tort, warranty, or otherwise, arising in any way out of this
Policy, whether or not such party had advance notice of the possibility of such damages.
In addition, except for grossly negligent or intentionally fraudulent acts, OASIS Parties and TC Members (or their
representatives), shall not be liable to any other person or entity for any loss of profits, loss of use, direct, indirect,
incidental, consequential, punitive, or special damages, whether under contract, tort, warranty, or otherwise,
arising in any way out of this Policy, whether or not such party had advance notice of the possibility of such
damages.
OASIS assumes no responsibility to compile, confirm, update or make public any assertions of Essential Claims or
other intellectual property rights that might be infringed by an implementation of an OASIS Deliverable.
If OASIS at any time refers to any such assertions by any owner of such claims, OASIS takes no position as to the
validity or invalidity of such assertions, or that all such assertions that have or may be made have been referred
to.
13. GENERAL
13.1. By ratifying this document, OASIS warrants that it will not inhibit the traditional open and free access to OASIS
documents for which license and right have been assigned or obtained according to the procedures set forth in
this section. This warranty is perpetual and will not be revoked by OASIS or its successors or assigns as to any
already adopted OASIS Standards Final Deliverable; provided, however, that neither OASIS nor its assigns shall be
obligated to:
1. 13.1.1. Perpetually maintain its existence; nor
2. 13.1.2. Provide for the perpetual existence of a website or other public means of accessing OASIS Standards
Final Deliverables; nor
3. 13.1.3. Maintain the public availability of any given OASIS Standards Final Deliverable that has been retired or
superseded, or which is no longer being actively utilized in the marketplace.
13.2. Where any copyrights, trademarks, patents, patent applications, or other proprietary rights are known, or
claimed, with respect to any OASIS Deliverable and are formally brought to the attention of the OASIS TC
Administrator, OASIS shall consider appropriate action, which may include disclosure of the existence of such
rights, or claimed rights. The OASIS Technical Committee Process shall prescribe the method for providing this
information.
1. 13.2.1. OASIS disclaims any responsibility for identifying the existence of or for evaluating the applicability of
any claimed copyrights, trademarks, patents, patent applications, or other rights, and will make no
assurances on the validity or scope of any such rights.
2. 13.2.2. Where the OASIS TC Administrator is formally notified of rights, or claimed rights under Section 8.8 with
respect to entities other than Obligated Parties, the OASIS President shall attempt to obtain from the
claimant of such rights a written assurance that any Licensee will be able to obtain the right to utilize, use,
and distribute the technology or works when implementing, using, or distributing technology based upon
the specific OASIS Standards Final Deliverable (or, in the case of an OASIS Standards Draft Deliverable, that
any Licensee will then be able to obtain such a right) under terms that are consistent with this Policy. All
such information will be made available to the TC that produced such deliverable, but the failure to obtain
such written assurance shall not prevent votes from being conducted, except that the OASIS TC
Administrator may defer approval for a reasonable period of time where a delay may facilitate the
obtaining of such assurances. The results will, however, be recorded by the OASIS TC Administrator, and
made available to the public. The OASIS Board of Directors may also direct that a summary of the results be
included in any published OASIS Standards Final Deliverable.
3. 13.2.3. Except for the rights expressly provided herein, neither OASIS nor any OASIS Party grants or receives, by
implication, estoppel, or otherwise, any rights under any patents or other intellectual property rights of the
OASIS Party, OASIS, any other OASIS Party, or any third party.
13.3. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code, and any equivalent law in any
foreign jurisdiction, the promises under Section 10 will be treated as if they were a license and any OASIS Party or
third-party may elect to retain its rights under this promise if Obligated Party, as a debtor in possession, or a
bankruptcy trustee in a case under the United States Bankruptcy Code, rejects any obligations stated in Section
10.
14. Required Notice
14.1 Documents
Any OASIS Deliverable shall include the following notices replacing [copyright year] with the year or range of years
of publication (bracketed language, other than the date, need only appear in OASIS Standards Final Deliverable
documents):
Copyright © OASIS Open [copyright year]. All Rights Reserved.
All capitalized terms in the following text have the meanings assigned to them in the OASIS Intellectual Property
Rights Policy (the "OASIS IPR Policy"). The full Policy may be found at the OASIS website: [http://www.oasisopen.org/policies-guidelines/ipr]
This document and translations of it may be copied and furnished to others, and derivative works that comment
on or otherwise explain it or assist in its implementation may be prepared, copied, published, and distributed, in
whole or in part, without restriction of any kind, provided that the above copyright notice and this section are
included on all such copies and derivative works. However, this document itself may not be modified in any way,
including by removing the copyright notice or references to OASIS, except as needed for the purpose of
developing any document or deliverable produced by an OASIS Technical Committee (in which case the rules
applicable to copyrights, as set forth in the OASIS IPR Policy, must be followed) or as required to translate it into
languages other than English.
The limited permissions granted above are perpetual and will not be revoked by OASIS or its successors or
assigns.
This document and the information contained herein is provided on an “AS IS” basis and OASIS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
INFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. OASIS AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS DOCUMENT OR ANY PART THEREOF.
[OASIS requests that any OASIS Party or any other party that believes it has patent claims that would necessarily
be infringed by implementations of this OASIS Standards Final Deliverable, to notify OASIS TC Administrator and
provide an indication of its willingness to grant patent licenses to such patent claims in a manner consistent with
the IPR Mode of the OASIS Technical Committee that produced this deliverable.]
[OASIS invites any party to contact the OASIS TC Administrator if it is aware of a claim of ownership of any patent
claims that would necessarily be infringed by implementations of this OASIS Standards Final Deliverable by a
patent holder that is not willing to provide a license to such patent claims in a manner consistent with the IPR
Mode of the OASIS Technical Committee that produced this OASIS Standards Final Deliverable. OASIS may include
such claims on its website, but disclaims any obligation to do so.]
[OASIS takes no position regarding the validity or scope of any intellectual property or other rights that might be
claimed to pertain to the implementation or use of the technology described in this OASIS Standards Final
Deliverable or the extent to which any license under such rights might or might not be available; neither does it
represent that it has made any effort to identify any such rights. Information on OASIS’ procedures with respect
to rights in any document or deliverable produced by an OASIS Technical Committee can be found on the OASIS
website. Copies of claims of rights made available for publication and any assurances of licenses to be made
available, or the result of an attempt made to obtain a general license or permission for the use of such
proprietary rights by implementers or users of this OASIS Standards Final Deliverable, can be obtained from the
OASIS TC Administrator. OASIS makes no representation that any information or list of intellectual property rights
will at any time be complete, or that any claims in such list are, in fact, Essential Claims.]
14.2 Alternative Notice
Other OASIS Deliverables that are primarily intended for machine rather than human consumption and whose
format requires terse expression may, as an alternative to Section 14.1, include just the short-form notice as follows
replacing [copyright year] with the year or year range of publication:
Copyright © OASIS Open [copyright year]. All Rights Reserved.
Distributed under the terms of the OASIS IPR Policy, [http://www.oasis-open.org/policies-guidelines/ipr], AS-IS,
WITHOUT ANY IMPLIED OR EXPRESS WARRANTY; there is no warranty of MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE or NONINFRINGEMENT of the rights of others.
14.3 Additional Copyright Notices
Additional copyright notices identifying Contributors may also be included with the OASIS copyright notice.
Appendix A. Feedback License
The "OASIS ___________ Technical Committee" is developing technology (the "OASIS ____________
Deliverable") as defined by its charter and welcomes input, suggestions and other feedback ("Feedback") on the
OASIS ____________ Deliverable. By the act of submitting, you (on behalf of yourself if you are an individual,
and your organization and its Affiliates if you are providing Feedback on behalf of that organization) agree to the
following terms (all capitalized terms are defined in the OASIS Intellectual Property Rights ("IPR") Policy, see
http://www.oasis-open.org/who/intellectualproperty.php):
1. Copyright – You (and your represented organization and its Affiliates) grant to OASIS a perpetual,
irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to directly and indirectly
sublicense, to copy, publish, and distribute the Feedback in any way, and to prepare derivative works that
are based on or incorporate all or part of the Feedback, solely for the purpose of developing and promoting
the OASIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries.
2. Essential Claims – You covenant to grant a patent license or offer an OASIS Non-Assertion Covenant as
appropriate under any patent claims that you (or your represented organization or its Affiliates) own or
control that become Essential Claims because of the incorporation of such Feedback into the OASIS
Standards Final Deliverable, and any Final Maintenance Deliverable with respect to that OASIS Standards
Final Deliverable, on terms consistent with Section 10 of the OASIS IPR Policy for the IPR Mode specified in the
charter of this OASIS Technical Committee.
3. Right to Provide – You warrant to the best of your knowledge that you have rights to provide this Feedback,
and if you are providing Feedback on behalf of an organization, you warrant that you have the rights to
provide Feedback on behalf of your organization and to bind your organization and its Affiliates to the
licensing or non-assertion obligations provided above.
4. Confidentiality – You further warrant that no information in this Feedback is confidential, and that OASIS
may freely disclose any information in the Feedback.
5. No requirement to Use – You also acknowledge that OASIS is not required to incorporate your Feedback into
any version of this OASIS Deliverable.
Assent of Feedback Provider: By: _________________________ (Signature) Name:
_______________________ Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
Appendix B. Copyright License Grant
The undersigned, on its own behalf and on behalf of its represented organization and its Affiliates, if any, with
respect to their collective copyright ownership rights in the Contribution "__________________," grants to
OASIS a perpetual, irrevocable, non-exclusive, royalty-free, world-wide copyright license, with the right to directly
and indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to prepare derivative
works that are based on or incorporate all or part of the Contribution solely for the purpose of developing and
promoting the OASIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries (all
above capitalized terms are defined in the OASIS Intellectual Property Rights ("IPR") Policy, see http://www.oasisopen.org/who/intellectualproperty.php).
Assent of the Undersigned: By: __________________________ (Signature) Name:
_______________________ Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
Historical revisions of this policy
Approved 07/31/2013
Intellectual Property Rights (IPR) Policy
Approved 05/02/2012
Intellectual Property Rights (IPR) Policy (2 May 2012)
Approved 05/02/2012
Intellectual Property Rights (IPR) Policy (21 June 2012)
Approved 07/28/2010
Intellectual Property Rights (IPR) Policy (28 July 2010)
Approved 05/19/2009
IPR (19 May 2009)
Intellectual Property Rights (IPR) Policy
1. INTRODUCTION
2. DEFINITIONS
3. CONFIDENTIALITY
4. TC FORMATION
5. CONTRIBUTIONS
6. LIMITED PATENT COVENANT FOR SPECIFICATION DEVELOPMENT
7. FEEDBACK
8. DISCLOSURE
9. TYPES OF OBLIGATIONS
10. LICENSING REQUIREMENTS
11. WITHDRAWAL AND TERMINATION
12. LIMITATIONS OF LIABILITY
13. GENERAL
14. NOTICES
Appendix A. Feedback License
Appendix B. Copyright License Grant
1. INTRODUCTION
The OASIS Intellectual Property Rights (IPR) Policy governs the treatment of intellectual property in the production of deliverables by OASIS Open (hereafter referred to as OASIS).
This Policy applies to all members of OASIS and their Affiliates (as defined below). The OASIS Board of Directors may amend this Policy at any time in its sole discretion. In the event of such change to this Policy, the Board will provide instructions for transition of membership and Technical Committees to the new Policy; however, no amendment to this Policy will be effective in less than 60 calendar days from the date that written notice of such amendment is given to the Member at its address of record with OASIS.
2. DEFINITIONS
Each capitalized term within this document shall have the meaning provided below:
Affiliate - any entity that directly or indirectly controls, is controlled by, or is under common control with, another entity, so long as such control exists. In the event that such control ceases to exist, such Affiliate will be deemed to have withdrawn from OASIS pursuant to the terms set forth in the withdrawal provisions in Section 11. For purposes of this definition, with respect to a business entity, control means direct or indirect beneficial ownership of or the right to exercise (i) greater than fifty percent (50%) of the voting stock or equity in an entity; or (ii) greater than fifty percent (50%) of the ownership interest representing the right to make the decisions for the subject entity in the event that there is no voting stock or equity.
Beneficiary - any organization, including its Affiliates as defined in this Policy, or individual who benefits from the OASIS Non-Assertion Covenant with respect to Essential Claims from Obligated Parties for a particular OASIS Standards Final Deliverable. A Beneficiary need not be an OASIS member.
Continuing Licensing or Non-Assertion Obligation - a licensing or non-assertion obligation, of the types defined by Section 9 of this Policy, which survives a TC Party's withdrawal from an OASIS Technical Committee.
Contribution - any material submitted to an OASIS Technical Committee by a TC Member in writing or electronically, whether in an in-person meeting or in any electronic conference or mailing list maintained by OASIS for the OASIS Technical Committee and which is or was proposed for inclusion in an OASIS Deliverable.
Contribution Obligation - a licensing or non-assertion requirement, as described in Section 10 that results from making a Contribution as described in Section 9.1.
Contributor - a TC Party on whose behalf a Contribution is made by the TC Party's TC Member.
Covered Product - includes only those specific portions of a product (hardware, software or combinations thereof) that (a) implement and are compliant with all Normative Portions of an OASIS Standards Final Deliverable produced by a Non-Assertion Mode TC that must be implemented to comply with such deliverable, and (b) to the extent that the product implements one or more optional portions of such deliverable, those portions that implement and are compliant with all Normative Portions that must be implemented to comply with such optional portions of the deliverable.
Eligible Person - one of a class of individuals that include: persons holding individual memberships in OASIS, employees or designees of organizational members of OASIS, and such other persons as may be designated by the OASIS Board of Directors.
Essential Claims - those claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by an implementation of those portions of a particular OASIS Standards Final Deliverable created within the scope of the TC charter in effect at the time such deliverable was developed. A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the Normative Portions of that particular OASIS Standards Final Deliverable. Existence of a non-infringing alternative shall be judged based on the state of the art at the time the OASIS Standards Final Deliverable is approved.
Feedback - any written or electronic input provided to an OASIS Technical Committee by individuals who are not TC Members and which is proposed for inclusion in an OASIS Deliverable. All such Feedback must be made under the terms of the Feedback License (Appendix A).
Final Maintenance Deliverable - Any OASIS Standards Final Deliverable that results entirely from Maintenance Activity.
IPR Mode - an element of an OASIS TC charter, which specifies the type of licenses or non-assertion covenants required for any Essential Claims associated with the output produced by a given Technical Committee. This is further described in Section 4.
Licensed Products - include only those specific portions of a Licensee's products (hardware, software or combinations thereof) that (a) implement and are compliant with all Normative Portions of an OASIS Standards Final Deliverable that must be implemented to comply with such deliverable, and (b) to the extent that the Licensee's products implement one or more optional portions of such deliverable, those portions of Licensee's products that implement and are compliant with all Normative Portions that must be implemented to comply with such optional portions of the deliverable.
Licensee - any organization, including its Affiliates as defined in this Policy, or individual that licenses Essential Claims from Obligated Parties for a particular OASIS Standards Final Deliverable. Licensees need not be OASIS members.
Maintenance Activity - Any drafting or development work to modify an OASIS Standards Final Deliverable that (a) constitutes only error corrections, bug fixes or editorial formatting changes to the OASIS Standards Final Deliverable; and (b) does not add any feature; and (c) is within the scope of the TC that approved the OASIS Standards Final Deliverable (whether or not the work is conducted by the same TC).
Normative Portion - a portion of an OASIS Standards Final Deliverable that must be implemented to comply with such deliverable. If such deliverable defines optional parts, Normative Portions include those portions of the optional part that must be implemented if the implementation is to comply with such optional part. Examples and/or reference implementations and other specifications or standards that were developed outside the TC and which are referenced in the body of a particular OASIS Standards Final Deliverable that may be included in such deliverable are not Normative Portions.
Non-Assertion Mode TC - an OASIS TC that is chartered under the Non-Assertion IPR Mode described in Section 4.
OASIS Deliverable - a work product developed by a Technical Committee within the scope of its charter which is enumerated in and developed in accordance with the OASIS Technical Committee Process.
OASIS Standards Draft Deliverable - an OASIS Deliverable that has been designated and approved by a Technical Committee as an OASIS Standards Draft Deliverable and which is enumerated in and developed in accordance with the OASIS Technical Committee Process.
OASIS Standards Final Deliverable - an OASIS Deliverable that has been designated and approved by a Technical Committee as an OASIS Standards Final Deliverable and which is enumerated in and developed in accordance with the OASIS Technical Committee Process.
OASIS Party - a member of OASIS (i.e., an entity that has executed an OASIS Membership Agreement) and its Affiliates.
OASIS TC Administrator - the person(s) appointed to represent OASIS in administrative matters relating to TCs as provided by the OASIS Technical Committee Process.
OASIS Technical Committee (TC) - a group of Eligible Persons formed, and whose actions are conducted, according to the provisions of the OASIS Technical Committee Process.
OASIS Technical Committee Process - the "OASIS OPEN TECHNICAL COMMITTEE PROCESS", as from time to time amended, which describes the operation of Technical Committees at OASIS.
Obligated Party - a TC Party that incurs a licensing or non-assertion obligation for its Essential Claims by either a Contribution Obligation or a Participation Obligation.
Participation Obligation - a licensing or non-assertion requirement, as described in Section 10, that arises from membership in an OASIS Technical Committee, as described in Section 9.2.
RAND Mode TC - an OASIS TC that is chartered under the RAND IPR Mode described in Section 4.
RF Mode TC - an OASIS TC that is chartered under one of the RF IPR Modes described in Section 4.
TC Member - an Eligible Person who has completed the requirements to join a TC during the period in which s/he maintains his or her membership as described by the OASIS Technical Committee Process. A TC Member may represent the interests of a TC Party in the TC.
TC Party - an OASIS Party that is, or is represented by, a TC Member in the relevant Technical Committee.
3. CONFIDENTIALITY
Neither Contributions nor Feedback that are subject to any requirement of confidentiality may be considered in any part of the OASIS Technical Committee Process. All Contributions and Feedback will therefore be deemed to have been submitted on a non-confidential basis, notwithstanding any markings or representations to the contrary, and OASIS shall have no obligation to treat any such material as confidential.
4. TC FORMATION
At the time a TC is chartered, the proposal to form the TC must specify the IPR Mode under which the Technical Committee will operate. This Policy describes the following IPR Modes:
RAND - requires all Obligated Parties to license their Essential Claims using the RAND licensing elements described in Section 10.1.
RF on RAND Terms - requires all Obligated Parties to license their Essential Claims using the RF licensing elements described in Sections 10.2.1 and 10.2.2.
RF on Limited Terms - requires all Obligated Parties to license their Essential Claims using the RF licensing elements described in Sections 10.2.1 and 10.2.3.
Non-Assertion - requires all Obligated Parties to provide an OASIS Non-Assertion Covenant as described in Section 10.3.
A TC may not change its IPR Mode without closing and submitting a new charter.
5. CONTRIBUTIONS
5.1 General
At the time of submission of a Contribution for consideration by an OASIS Technical Committee, each named co-Contributor (and its respective Affiliates) is deemed to agree to the following terms and conditions and to make the following representations (based on the actual knowledge of the TC Member(s) making the Contribution, with respect to items 3 - 5 below, inclusive):
OASIS has no duty to publish or otherwise use or disseminate any Contribution.
OASIS may reference the name(s) of the Contributor(s) for the purpose of acknowledging and publishing the Contribution.
The Contribution properly identifies any holders of copyright interests in the Contribution.
No information in the Contribution is confidential, and OASIS may freely disclose any information in the Contribution.
There are no limits to the Contributor's ability to make the grants, acknowledgments, and agreements required by this Policy with respect to such Contribution.
5.2 Copyright Licenses
To the extent that a Contributor holds a copyright interest in its Contribution, such Contributor grants to OASIS a perpetual, irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to directly and indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to prepare derivative works that are based on or incorporate all or part of the Contribution solely for the purpose of developing and promoting the OASIS Deliverable and enabling (subject to the rights of the owners of any Essential Claims) the implementation of the same by Licensees or Beneficiaries.
To the extent that a Contribution is subject to copyright by parties that are not Contributors, the submitter(s) must provide OASIS with a signed "Copyright License Grant" (Appendix B) from each such copyright owner whose permission would be required to permit OASIS to exercise the rights described in Appendix B.
5.3 Trademarks
Trademarks or service marks that are not owned by OASIS shall not be used by OASIS, except as approved by the OASIS Board of Directors, to refer to work conducted at OASIS, including the use in the name of an OASIS TC, an OASIS Deliverable, or incorporated into such work.
No OASIS Party may use an OASIS trademark or service mark in connection with an OASIS Deliverable or otherwise, except in compliance with such license and usage guidelines as OASIS may from time to time require.
6. LIMITED PATENT COVENANT FOR DELIVERABLE DEVELOPMENT
To permit TC Members and their TC Parties to develop implementations of OASIS Standards Draft Deliverables being developed by a TC, each TC Party represented by a TC Member in a TC, at such time that the TC Member joins the TC, grants to each other TC Party in that TC automatically and without further action on its part, and on an ongoing basis, a limited covenant not to assert any Essential Claims required to implement such OASIS Standards Draft Deliverable and covering making or using (but not selling or otherwise distributing) an implementation of such OASIS Standards Draft Deliverable, solely for the purpose of testing and developing such deliverable and only until either the OASIS Standards Draft Deliverable is approved as an OASIS Standards Final Deliverable or the Technical Committee is closed.
7. FEEDBACK
OASIS encourages Feedback to OASIS Deliverables from both OASIS Parties who are not TC Parties and the public at large. Feedback will be accepted only under the "Feedback License" (Appendix A).
OASIS will require that submitters of Feedback agree to the terms of the Feedback License before transmitting submitted Feedback to the Technical Committee.
8. DISCLOSURE
Disclosure Obligations - Each TC Party shall disclose to OASIS in writing the existence of all patents and/or patent applications owned or claimed by such TC Party that are actually known to the TC Member directly participating in the TC, and which such TC Member believes may contain any Essential Claims or claims that might become Essential Claims upon approval of an OASIS Standards Final Deliverable as such document then exists (collectively, "Disclosed Claims").
Disclosure of Third Party Patent Claims - Each TC Party whose TC Members become aware of patents or patent applications owned or claimed by a third party that contain claims that might become Essential Claims upon approval of an OASIS Standards Final Deliverable should disclose them, provided that such disclosure is not prohibited by any confidentiality obligation binding upon them. It is understood that any TC Party that discloses third party patent claims to OASIS does not take a position on the essentiality or relevance of the third party claims to the OASIS Standards Final Deliverable in its then-current form.
In both cases (Sections 8.1 and 8.2), it is understood and agreed that such TC Party(s)' TC Member(s) do not represent that they know of all potentially pertinent claims of patents and patent applications owned or claimed by the TC Party or any third parties. For the avoidance of doubt, while the disclosure obligation under Sections 8.1 and 8.2 applies directly to all TC Parties, this obligation is triggered based on the actual knowledge of the TC Party's TC Members regarding the TC Party's patents or patent applications that may contain Essential Claims.
Disclosure Requests - Disclosure requests will be included as described in Section 12 with all public review copies of OASIS Standards Final Deliverables. All OASIS Parties are encouraged to review such OASIS Standards Final Deliverables and make appropriate disclosures.
Limitations - A disclosure request and the obligation to disclose set forth above do not imply any obligations on the recipients of disclosure requests (collectively or individually) or on any OASIS Party to perform or conduct patent searches. Nothing in this Policy nor the act of receiving a disclosure request for an OASIS Standards Final Deliverable, regardless of whether it is responded to, shall be construed or otherwise interpreted as any kind of express or implied representation with respect to the existence or non-existence of patents or patent applications which contain Essential Claims, other than that such TC Party has acted in good faith with respect to its disclosure obligations.
Information - Any disclosure of Disclosed Claims shall include (a) in the case of issued patents and published patent applications, the patent or patent application publication number, the associated country and, as reasonably practicable, the relevant portions of the applicable OASIS Standards Final Deliverable; and (b) in the case of unpublished patent applications, the existence of the unpublished application and, as reasonably practicable, the relevant portions of the applicable OASIS Standards Final Deliverable.
9. TYPES OF OBLIGATIONS
9.1 Contribution Obligation
A TC Party has a Contribution Obligation, which arises at the time the Contribution is submitted to a TC, to license or provide under non-assertion covenants as appropriate for the IPR mode described in Section 10, any claims under its patents or patent applications that become Essential Claims when such Contribution is incorporated (either in whole or in part) into (a) the OASIS Standards Final Deliverable produced by the TC that received the Contribution, or (b) any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable.
9.2 Participation Obligation
A TC Party has a Participation Obligation to license or provide under non-assertion covenant as appropriate for the IPR mode, as described in Section 10, any claims under its patents or patent applications that would be Essential Claims in the then current OASIS Standards Draft Deliverable, if that draft subsequently becomes an OASIS Standards Final Deliverable, even if the TC Party is not a Contributor, when all of the following conditions are met:
An OASIS Standards Final Deliverable is finally approved that incorporates such OASIS Standards Draft Deliverable, either in whole or in part;
The TC Party has been on, or has been represented by TC Member(s) on such TC for a total of sixty (60) calendar days, which need not be continuous;
The TC Party is on, or is represented by TC Member(s) on such TC after a period of seven (7) calendar days after the ballot to approve such OASIS Standards Draft Deliverable has elapsed.
Once the foregoing conditions are met, that TC Party's Participation Obligation so to license or provide a non-assertion covenant continues with respect to that OASIS Standards Final Deliverable, and any Final Maintenance Deliverable subsequently approved with respect to that OASIS Standards Final Deliverable.
For organizational TC Parties, the membership threshold is met by one or more employees or organizational designees of such Parties having been a TC Member on any 60 calendar days, although any given calendar day is only one day of membership, regardless of the number of participants on that day.
Each time a new OASIS Standards Draft Deliverable is approved by the TC, the Participation Obligation adjusts to encompass the material in the latest OASIS Standards Draft Deliverable seven days after such draft has been approved for publication.
10. LICENSING REQUIREMENTS
10.1 RAND Mode TC Requirements
For an OASIS Standards Final Deliverable developed by a RAND Mode TC, except where a Licensee has a separate, signed agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and conditions than set forth in this section (in which case such separate signed agreement shall supersede this Limited Patent License), each Obligated Party in such TC hereby covenants that, upon request and subject to Section 11, it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual patent license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution Obligations or Participation Obligations on fair, reasonable, and non-discriminatory terms to make, have made, use, market, import, offer to sell, and sell, and to otherwise directly or indirectly distribute (a) Licensed Products that implement such OASIS Standards Final Deliverable, and (b) Licensed Products that implement any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable. Such license need not extend to features of a Licensed Product that are not required to comply with the Normative Portions of such OASIS Standards Final Deliverable or Final Maintenance Deliverable. For the sake of clarity, the rights set forth above include the right to directly or indirectly authorize a third party to make unmodified copies of the Licensee's Licensed Products and to license (optionally under the third party's license) the Licensee's Licensed Products within the scope of, and subject to the terms of, the Obligated Party's license.
At the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal license to its Essential Claims (if any) covering the same OASIS Standards Final Deliverable and any such Final Maintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such deliverable. The Obligated Party may also include a term providing that such license may be suspended with respect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any of the Licensee's Essential Claims covering the same OASIS Standards Final Deliverable or any such Final Maintenance Deliverable.
License terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned above are left to the Licensees and Obligated Parties involved.
10.2 RF Mode TC Requirements
10.2.1 Common
For an OASIS Standards Final Deliverable developed by an RF Mode TC, except where a Licensee has a separate, signed agreement under which the Essential Claims are licensed to such Licensee on more favorable terms and conditions than set forth in this section (in which case such separate signed agreement shall supersede this Limited Patent License), each Obligated Party in such TC hereby covenants that, upon request and subject to Section 11, it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual patent license (or an equivalent non-assertion covenant) under its Essential Claims covered by its Contribution Obligations or Participation Obligations without payment of royalties or fees, and subject to the applicable Section 10.2.2 or 10.2.3, to make, have made, use, market, import, offer to sell, and sell, and to otherwise directly or indirectly distribute (a) Licensed Products that implement such OASIS Standards Final Deliverable, and (b) Licensed Products that implement any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable. Such license need not extend to features of a Licensed Product that are not required to comply with the Normative Portions of such OASIS Standards Final Deliverable or Final Maintenance Deliverable. For the sake of clarity, the rights set forth above include the right to directly or indirectly authorize a third party to make unmodified copies of the Licensee's Licensed Products and to license (optionally under the third party's license) the Licensee's Licensed Products, within the scope of, and subject to the terms of, the Obligated Party's license.
At the election of the Obligated Party, such license may include a term requiring the Licensee to grant a reciprocal license to its Essential Claims (if any) covering the same OASIS Standards Final Deliverable and any such Final Maintenance Deliverable. Such term may require the Licensee to grant licenses to all implementers of such deliverable. The Obligated Party may also include a term providing that such license may be suspended with respect to the Licensee if that Licensee first sues the Obligated Party for infringement by the Obligated Party of any of the Licensee's Essential Claims covering the same OASIS Standards Final Deliverable and any such Final Maintenance Deliverable.
10.2.2 RF on RAND Terms
With TCs operating under the RF on RAND Terms IPR Mode, license terms that are fair, reasonable, and non-discriminatory beyond those specifically mentioned in Section 10.2.1 may also be included, and such additional RAND terms are left to the Licensees and Obligated Parties involved.
10.2.3 RF on Limited Terms
With TCs operating under the RF on Limited Terms IPR Mode, Obligated Parties may not impose any further conditions or restrictions beyond those specifically mentioned in Section 10.2.1 on the use of any technology or intellectual property rights, or other restrictions on behavior of the Licensee, but may include reasonable, customary terms relating to operation or maintenance of the license relationship, including the following: choice of law and dispute resolution.
10.3. Non-Assertion Mode TC Requirements
10.3.1. For an OASIS Standards Final Deliverable developed by a Non-Assertion Mode TC, and any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable, each Obligated Party in such TC hereby makes the following world-wide "OASIS Non-Assertion Covenant".
Each Obligated Party in a Non-Assertion Mode TC irrevocably covenants that, subject to Section 10.3.2 and Section 11 of the OASIS IPR Policy, it will not assert any of its Essential Claims covered by its Contribution Obligations or Participation Obligations against any OASIS Party or third party for making, having made, using, marketing, importing, offering to sell, selling, and otherwise distributing Covered Products that implement an OASIS Standards Final Deliverable developed by that TC and Covered Products that implement any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable.
10.3.2. The covenant described in Section 10.3.1 may be suspended or revoked by the Obligated Party with respect to any OASIS Party or third party if that OASIS Party or third party asserts an Essential Claim in a suit first brought against, or attempts in writing to assert an Essential Claim against, a Beneficiary with respect to a Covered Product that implements the same OASIS Standards Final Deliverable or any such Final Maintenance Deliverable.
11. WITHDRAWAL AND TERMINATION
A TC Party may withdraw from a TC at any time by notifying the OASIS TC Administrator in writing of such decision to withdraw. Withdrawal shall be deemed effective when such written notice is sent.
11.1 Withdrawal from a Technical Committee
A TC Party that withdraws from an OASIS Technical Committee shall have Continuing Licensing or Non-Assertion Obligations based on its Contribution Obligations and Participation Obligations as follows:
A TC Party that has incurred neither a Contribution Obligation nor a Participation Obligation prior to withdrawal has no licensing or non-assertion obligations for OASIS Standards Final Deliverable(s) originating from that OASIS TC.
A TC Party that has incurred a Contribution Obligation prior to withdrawal continues to be subject to its Contribution Obligation.
A TC Party that has incurred a Participation Obligation prior to withdrawal continues to be subject to its Participation Obligation but only with respect to OASIS Standards Draft Deliverable(s) approved more than seven (7) calendar days prior to its withdrawal.
11.2 Termination of an OASIS Membership
An OASIS Party that terminates its OASIS membership (voluntarily or involuntarily) is deemed to withdraw from all TCs in which that OASIS Party has TC Member(s) representing it, and such OASIS Party remains subject to Continuing Licensing or Non-Assertion Obligations for each such TC based on its Obligated Party status in that TC on the date that its membership termination becomes effective.
12. LIMITATIONS OF LIABILITY
All OASIS Deliverables are provided "as is", without warranty of any kind, express or implied, and OASIS, as well as all OASIS Parties and TC Members, expressly disclaim any warranty of merchantability, fitness for a particular or intended purpose, accuracy, completeness, non-infringement of third party rights, or any other warranty.
In no event shall OASIS or any of its constituent parts (including, but not limited to, the OASIS Board of Directors), be liable to any other person or entity for any loss of profits, loss of use, direct, indirect, incidental, consequential, punitive, or special damages, whether under contract, tort, warranty, or otherwise, arising in any way out of this Policy, whether or not such party had advance notice of the possibility of such damages.
In addition, except for grossly negligent or intentionally fraudulent acts, OASIS Parties and TC Members (or their representatives), shall not be liable to any other person or entity for any loss of profits, loss of use, direct, indirect, incidental, consequential, punitive, or special damages, whether under contract, tort, warranty, or otherwise, arising in any way out of this Policy, whether or not such party had advance notice of the possibility of such damages.
OASIS assumes no responsibility to compile, confirm, update or make public any assertions of Essential Claims or other intellectual property rights that might be infringed by an implementation of an OASIS Deliverable.
If OASIS at any time refers to any such assertions by any owner of such claims, OASIS takes no position as to the validity or invalidity of such assertions, or that all such assertions that have or may be made have been referred to.
13. GENERAL
13.1. By ratifying this document, OASIS warrants that it will not inhibit the traditional open and free access to OASIS documents for which license and right have been assigned or obtained according to the procedures set forth in this section. This warranty is perpetual and will not be revoked by OASIS or its successors or assigns as to any already adopted OASIS Standards Final Deliverable; provided, however, that neither OASIS nor its assigns shall be obligated to:
13.1.1. Perpetually maintain its existence; nor
13.1.2. Provide for the perpetual existence of a website or other public means of accessing OASIS Standards Final Deliverables; nor
13.1.3. Maintain the public availability of any given OASIS Standards Final Deliverable that has been retired or superseded, or which is no longer being actively utilized in the marketplace.
13.2. Where any copyrights, trademarks, patents, patent applications, or other proprietary rights are known, or claimed, with respect to any OASIS Deliverable and are formally brought to the attention of the OASIS TC Administrator, OASIS shall consider appropriate action, which may include disclosure of the existence of such rights, or claimed rights. The OASIS Technical Committee Process shall prescribe the method for providing this information.
13.2.1. OASIS disclaims any responsibility for identifying the existence of or for evaluating the applicability of any claimed copyrights, trademarks, patents, patent applications, or other rights, and will make no assurances on the validity or scope of any such rights.
13.2.2. Where the OASIS TC Administrator is formally notified of rights, or claimed rights under Section 8.8 with respect to entities other than Obligated Parties, the OASIS President shall attempt to obtain from the claimant of such rights a written assurance that any Licensee will be able to obtain the right to utilize, use, and distribute the technology or works when implementing, using, or distributing technology based upon the specific OASIS Standards Final Deliverable (or, in the case of an OASIS Standards Draft Deliverable, that any Licensee will then be able to obtain such a right) under terms that are consistent with this Policy. All such information will be made available to the TC that produced such deliverable, but the failure to obtain such written assurance shall not prevent votes from being conducted, except that the OASIS TC Administrator may defer approval for a reasonable period of time where a delay may facilitate the obtaining of such assurances. The results will, however, be recorded by the OASIS TC Administrator, and made available to the public. The OASIS Board of Directors may also direct that a summary of the results be included in any published OASIS Standards Final Deliverable.
13.2.3. Except for the rights expressly provided herein, neither OASIS nor any OASIS Party grants or receives, by implication, estoppel, or otherwise, any rights under any patents or other intellectual property rights of the OASIS Party, OASIS, any other OASIS Party, or any third party.
13.3. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code, and any equivalent law in any foreign jurisdiction, the promises under Section 10 will be treated as if they were a license and any OASIS Party or third-party may elect to retain its rights under this promise if Obligated Party, as a debtor in possession, or a bankruptcy trustee in a case under the United States Bankruptcy Code, rejects any obligations stated in Section 10.
14. Required Notice
14.1 Documents
Any OASIS Deliverable shall include the following notices replacing [copyright year] with the year or range of years of publication (bracketed language, other than the date, need only appear in OASIS Standards Final Deliverable documents):
Copyright © OASIS Open [copyright year]. All Rights Reserved.
All capitalized terms in the following text have the meanings assigned to them in the OASIS Intellectual Property Rights Policy (the "OASIS IPR Policy"). The full Policy may be found at the OASIS website: [http://www.oasis-open.org/policies-guidelines/ipr]
This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published, and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and this section are included on all such copies and derivative works. However, this document itself may not be modified in any way, including by removing the copyright notice or references to OASIS, except as needed for the purpose of developing any document or deliverable produced by an OASIS Technical Committee (in which case the rules applicable to copyrights, as set forth in the OASIS IPR Policy, must be followed) or as required to translate it into languages other than English.
The limited permissions granted above are perpetual and will not be revoked by OASIS or its successors or assigns.
This document and the information contained herein is provided on an "AS IS" basis and OASIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY OWNERSHIP RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OASIS AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS DOCUMENT OR ANY PART THEREOF.
[OASIS requests that any OASIS Party or any other party that believes it has patent claims that would necessarily be infringed by implementations of this OASIS Standards Final Deliverable, to notify OASIS TC Administrator and provide an indication of its willingness to grant patent licenses to such patent claims in a manner consistent with the IPR Mode of the OASIS Technical Committee that produced this deliverable.]
[OASIS invites any party to contact the OASIS TC Administrator if it is aware of a claim of ownership of any patent claims that would necessarily be infringed by implementations of this OASIS Standards Final Deliverable by a patent holder that is not willing to provide a license to such patent claims in a manner consistent with the IPR Mode of the OASIS Technical Committee that produced this OASIS Standards Final Deliverable. OASIS may include such claims on its website, but disclaims any obligation to do so.]
[OASIS takes no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this OASIS Standards Final Deliverable or the extent to which any license under such rights might or might not be available; neither does it represent that it has made any effort to identify any such rights. Information on OASIS' procedures with respect to rights in any document or deliverable produced by an OASIS Technical Committee can be found on the OASIS website. Copies of claims of rights made available for publication and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license or permission for the use of such proprietary rights by implementers or users of this OASIS Standards Final Deliverable, can be obtained from the OASIS TC Administrator. OASIS makes no representation that any information or list of intellectual property rights will at any time be complete, or that any claims in such list are, in fact, Essential Claims.]
14.2 Alternative Notice
Other OASIS Deliverables that are primarily intended for machine rather than human consumption and whose format requires terse expression may, as an alternative to Section 14.1, include just the short-form notice as follows replacing [copyright year] with the year or year range of publication:
Copyright © OASIS Open [copyright year]. All Rights Reserved.
Distributed under the terms of the OASIS IPR Policy, [http://www.oasis-open.org/policies-guidelines/ipr], AS-IS, WITHOUT ANY IMPLIED OR EXPRESS WARRANTY; there is no warranty of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NONINFRINGEMENT of the rights of others.
14.3 Additional Copyright Notices
Additional copyright notices identifying Contributors may also be included with the OASIS copyright notice.
Appendix A. Feedback License
The "OASIS ___________ Technical Committee" is developing technology (the "OASIS ____________ Deliverable") as defined by its charter and welcomes input, suggestions and other feedback ("Feedback") on the OASIS ____________ Deliverable. By the act of submitting, you (on behalf of yourself if you are an individual, and your organization and its Affiliates if you are providing Feedback on behalf of that organization) agree to the following terms (all capitalized terms are defined in the OASIS Intellectual Property Rights ("IPR") Policy, see http://www.oasis-open.org/who/intellectualproperty.php):
Copyright - You (and your represented organization and its Affiliates) grant to OASIS a perpetual, irrevocable, non-exclusive, royalty-free, worldwide copyright license, with the right to directly and indirectly sublicense, to copy, publish, and distribute the Feedback in any way, and to prepare derivative works that are based on or incorporate all or part of the Feedback, solely for the purpose of developing and promoting the OASIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries.
Essential Claims - You covenant to grant a patent license or offer an OASIS Non-Assertion Covenant as appropriate under any patent claims that you (or your represented organization or its Affiliates) own or control that become Essential Claims because of the incorporation of such Feedback into the OASIS Standards Final Deliverable, and any Final Maintenance Deliverable with respect to that OASIS Standards Final Deliverable, on terms consistent with Section 10 of the OASIS IPR Policy for the IPR Mode specified in the charter of this OASIS Technical Committee.
Right to Provide - You warrant to the best of your knowledge that you have rights to provide this Feedback, and if you are providing Feedback on behalf of an organization, you warrant that you have the rights to provide Feedback on behalf of your organization and to bind your organization and its Affiliates to the licensing or non-assertion obligations provided above.
Confidentiality - You further warrant that no information in this Feedback is confidential, and that OASIS may freely disclose any information in the Feedback.
No requirement to Use - You also acknowledge that OASIS is not required to incorporate your Feedback into any version of this OASIS Deliverable.
Assent of Feedback Provider:
By: _________________________ (Signature)
Name: _______________________
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
Appendix B. Copyright License Grant
The undersigned, on its own behalf and on behalf of its represented organization and its Affiliates, if any, with respect to their collective copyright ownership rights in the Contribution "__________________," grants to OASIS a perpetual, irrevocable, non-exclusive, royalty-free, world-wide copyright license, with the right to directly and indirectly sublicense, to copy, publish, and distribute the Contribution in any way, and to prepare derivative works that are based on or incorporate all or part of the Contribution solely for the purpose of developing and promoting the OASIS Deliverable and enabling the implementation of the same by Licensees or Beneficiaries (all above capitalized terms are defined in the OASIS Intellectual Property Rights ("IPR") Policy, see http://www.oasis-open.org/who/intellectualproperty.php).
Assent of the Undersigned:
By: __________________________ (Signature)
Name: _______________________
Title: ________________________ Organization: ________________
Date: ________________________ Email: _______________________
Dates
Approved:
Wed, 2013-07-31
Effective:
Wed, 2014-10-15
Oasis WS Security Specification License
OASIS takes no position regarding the validity or scope of any intellectual
property or other rights that might be claimed to pertain to the implementation
or use of the technology described in this document or the extent to which any
license under such rights might or might not be available; neither does it
represent that it has made any effort to identify any such rights. Information
on OASIS's procedures with respect to rights in OASIS specifications can be
found at the OASIS website. Copies of claims of rights made available for
publication and any assurances of licenses to be made available, or the result
of an attempt made to obtain a general license or permission for the use of such
proprietary rights by implementors or users of this specification, can be
obtained from the OASIS Executive Director.
OASIS invites any interested party to bring to its attention any copyrights,
patents or patent applications, or other proprietary rights which may cover
technology that may be required to implement this specification. Please address
the information to the OASIS Executive Director.
Copyright © OASIS Open 2002-2004. All Rights Reserved.
This document and translations of it may be copied and furnished to others, and
derivative works that comment on or otherwise explain it or assist in its
implementation may be prepared, copied, published and distributed, in whole or
in part, without restriction of any kind, provided that the above copyright
notice and this paragraph are included on all such copies and derivative works.
However, this document itself does not be modified in any way, such as by
removing the copyright notice or references to OASIS, except as needed for the
purpose of developing OASIS specifications, in which case the procedures for
copyrights defined in the OASIS Intellectual Property Rights document must be
followed, or as required to translate it into languages other than English.
The limited permissions granted above are perpetual and will not be revoked by
OASIS or its successors or assigns. This document and the information contained
herein is provided on an "AS IS" basis and OASIS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF
THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Optional exception to the license
As an exception, if, as a result of your compiling your source code, portions
of this Software are embedded into a machine-executable object form of such
source code, you may redistribute such embedded portions in such object form
without including the above copyright and permission notices.
Terms of service
The terms you agree to by using Obsidian apps and services.
Last updated February 20, 2025
General
Terms of Service
These Terms of Service (“Terms of Service”) govern your access to and use of DYNALIST INC. (the “Company,” “us,” “we,” and “our”) software and services including the OBSIDIAN software and any other software, services, features, products, content, applications and training offered by us from time to time (collectively the “Services”) identified in one or more agreements made available by us from time to time (each an “Access Agreement” and collectively, the “Access Agreements”).
Acceptance
By using or accessing the Services or OBSIDIAN, you accept and agree to be bound by (i) these Terms of Service, (ii) all Access Agreements to which you are party, which are hereby incorporated herein by reference, and (iii) our Privacy Policy, found at https://obsidian.md/privacy (the “Privacy Policy”) which is incorporated herein by reference (collectively referred to as the “Agreement”).
This Agreement constitutes a binding agreement between the Customer (“Customer,” “you,” and “your”) and the Company. This Agreement represents the parties’ entire understanding regarding the Services and shall govern over any prior oral or written agreement or discussions or different or additional terms or conditions of any purchase order, invoice or other non-Company ordering document. No other terms or conditions of any purchase order, invoice or other non-Company ordering document shall apply to the Services.
The Company may modify, supplement or amend these Terms and Conditions. If you have an account with us, you will be notified by email and given an opportunity to accept the changes.
License
Subject to your compliance with this Agreement and your payment of any applicable fees, the Company grants you a non-transferable, non-exclusive, worldwide right to access and use the purchased Services in accordance with the terms set out in this Agreement (the “License”).
The License is granted on a per-user basis and is valid for use on all supported operating systems. A License may be used on multiple computers and operating systems, provided that only the proper registered user of such License accesses or makes use of the applicable Services.
Licenses are non-transferrable and may not be distributed, sold, rented, leased or otherwise assigned or transferred to any third party(ies).
Obsidian
A. Personal Use. A License permits use of OBSIDIAN for free for your own, private, non-commercial purposes (e.g. taking notes, doing research) (“Personal Use”). For the avoidance of doubt, the use of OBSIDIAN for the exercise of your own trade or profession for which you are compensated compensation (e.g. teamwork with colleagues, writing work reports, etc.) does not qualify as Personal Use.
B. Not For Profit Use. A License permits use of OBSIDIAN for free by registered charitable and not-for-profit organizations; provided, that such use is not in connection with non-Personal Use by any other Person.
C. Commercial Use. In all other circumstances, a License permits the use of OBSIDIAN for free for commercial purposes by for-profit organizations, as well as government entities.
Catalyst
CATALYST is a special purpose license granting early access to exclusive OBSIDIAN versions. CATALYST is not required for use of OBSIDIAN.
Not Professional Advice
OBSIDIAN and our other Services assist you to take notes and build a digital knowledge base. However, any materials available through OBSIDIAN and/or other Services and any information, training and/or advice provided, (collectively, the "Service Materials") are for informational purposes only; they are not guaranteed to be correct, complete or up-to-date, and use and work product resulting from the use of OBSIDIAN and our other Services will be yours. You understand that our providing of OBSIDIAN and any other Services to you does not constitute any guarantee of a particular outcome or otherwise make us responsible in any way for the success or failure of any project you undertake in connection with the use of OBSIDIAN and any other Services.
Use of Services
You may use the Services only if you have reached the age of majority where you live, and you can form legally binding contracts under applicable law. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of them may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
You are prohibited from contributing, posting or transmitting to the Services any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Any content you contribute, post or transmit to the Services may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, at any time and without notice may terminate or restrict your access to any component of obsidian.md.
Fees and Payment
Fees
You agree to pay all fees set out in an Access Agreement. All fees are non-cancellable and non-refundable and are based on Services purchased and not actual usage. Unless otherwise agreed between you and us, charges may be paid by credit card, electronic funds transfer or bank/wire transfer. For the avoidance of doubt, you shall not be entitled to any refund in the event of unused Services.
Payment Terms
Unless otherwise set out in the Access Agreement, Service fees are payable at the time of entrance into an Access Agreement. All fees are exclusive of taxes, levies or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies or duties (excluding taxes based on the Company’s income), even if such amounts are not listed on an Access Agreement. Customer shall pay all fees in Canadian Dollars or in such other currency as agreed to in writing by the parties without set-off or deduction.
Suspension Rights
We reserve the right to immediately terminate the Services if: (i) the billing or contact information provided by you is false or fraudulent; or (ii) you fail to make any payment due within ten business days after we have provided you with notice of such failure. Any suspension of the Services by us under this section shall not relieve you of your payment obligations under this Agreement. We will not be liable to you nor to any third party for any suspension of the Services resulting from your non-payment of fees.
Content and Ownership
Content
The Services contains Content owned by the Company, its suppliers or licensors (“Company Content”). The Company, its suppliers and licensors own and retain all rights, including all intellectual property rights, in and to the Services and the Content. The Services and Content are protected by copyright, trademark, patent, trade secret and other laws.
You must not remove or alter any copyright notices on any copy of OBSIDIAN or other Software.
Ownership
OBSIDIAN and any other Services are licensed and not sold to you. All rights not expressly granted to you in this Agreement are reserved and retained by us. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, use or sell any Content or other Content appearing on or through the Services. You must not modify, build upon or block any portion or functionality of the Services. We grant you a limited, revocable, non-sublicensable license to use the Content (excluding software code) in connection with using the Services in accordance with an Access Agreement. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licences granted by us terminate if you do not comply with this Agreement.
Software
We grant you a limited, personal, worldwide, non-sublicensable, non-transferable, non-exclusive license to install and execute OBSIDIAN and other Service-related software (“Software”) on machines operated by or for you solely to permit you to use the Services in accordance with an Access Agreement. Any Software is licensed and not sold. Software may include code that is licensed under third party license agreements, including open source, made available or provided with the Software, as applicable. The Company, its suppliers and licensors own and retain all rights in the Software. The Software is protected by copyright, trademark, patent, trade secret and other laws.
The Software includes official plugins incorporated into the software installation package provided by the Company. The Software does not include any other plugins, extensions, or software components created by and/or distributed entities other than the Company for integration into or use with the Software (“Third Party Plugins”).
Restrictions
Customer shall not (and shall not permit others to): (i) license, sub-license, sell, transfer, distribute or share the Services or Software or make any of them available for access by third parties; (ii) create derivative works based on or otherwise modify the Services or Software; (iii) disassemble, reverse engineer or decompile the Services or Software or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to or provided with the Services, except for the purpose of developing Third Party Plugins for non-commercial use; (iv) access the Services or Software in order to develop a competing product or service; (v) use the Services or Software to provide a service for others; (vi) remove or modify a copyright or other proprietary rights notice on or in the Services or Software; (vii) use a computer or computer network to cause physical injury to the property of another; (viii) violate any applicable law or regulation; (ix) disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the Services or Software; (x) include, send, store or run software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs from the Services or Software; (xi) cause a computer to malfunction, regardless of how long the malfunction persists; or (xii) alter, disable, or erase any computer data, computer programs or computer software without authorization.
Obsidian Publish
While using Obsidian Publish, the Customer is entitled to upload notations, text and data created by or otherwise provided by the Customer (“User Provided Content”). The Customer represents and warrants that the Customer owns all rights, title, and interests in and to any User Provided Content and the provision of User Provided Content will not violate this Agreement, any applicable law or any third party's intellectual property or other rights.
Obsidian assumes no responsibility for, and is not obligated to monitor, User Provided Content. Obsidian nonetheless reserves the right to investigate User Provided Content and block access to, refuse to host, or remove any User Provided Content that it deems, in its sole discretion, to be in breach of these Terms of Service.
Logo Usage
By purchasing a Commercial Use license, you grant us a worldwide, non-exclusive, royalty-free license to use your company name and logo for promotional and marketing purposes, including but not limited to displaying them on our website and marketing materials. You represent and warrant that you have all necessary rights and authority to grant this license. If you wish to opt out of such usage, you may contact us at support@obsidian.md.
Modifications
We are entitled to modify or update the Services or Software from time to time in order to adapt it technically, or to expand or limit functionality.
Security and Privacy
Passwords and Security
In order to use OBSIDIAN and/or our other Services, you may have to register and create an Account with us and provide one or more names, email addresses, login usernames, license keys and/or passwords (together, “ID”). You are responsible for maintaining the confidentiality of your IDs (especially the login usernames and password). You agree not to use your IDs, usernames or passwords of any third party or disclose your IDs, usernames or passwords to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use with your Account, you must notify us immediately. You agree to provide us with are correct and complete Account information at all times and inform us of any changes to the information you have provided. We will, in accordance with our Privacy Policy, keep your usernames and passwords confidential.
Privacy Policy
Our collection and use of your information is governed by our Privacy Policy, the terms of which appear on obsidian.md here https://obsidian.md/privacy and are incorporated into this Agreement. You understand that through your access and/or use of the Services, you consent to the collection and use of this information, including the transfer of this information to Canada and/or other countries for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account.
Security
The Services are provided by us from data center facilities to which Users have remote access via the internet in conjunction with certain offline components provided by us under this Agreement. We may use third party service providers to provide limited parts of the Services from time to time, including data storage and processing, and you consent to us subcontracting these services to those third parties. We implement security procedures to help protect your data from security attacks. However, you understand that use of the Services necessarily involves transmission of your Customer Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your Customer Data lost, altered, intercepted, copied or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of your Customer Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers. If you become aware of any security breach in the Services, you agree to promptly notify us. All data at rest is encrypted and all data in transit is encrypted.
Networks
Technical processing and transmission of the Services, may involve: (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Use of or connection to the internet provides the opportunity for unauthorized Persons to circumvent security precautions and illegally gain access to the Services, the Customer Data or the Customer Content. We do not guarantee the privacy, security or authenticity of any content, data or information transmitted over or stored in any system connected to the internet.
Maintenance and Repairs
We use commercially reasonable efforts to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction, and we will use commercially reasonable efforts to alert or notify you in the event of any scheduled or non-scheduled suspension of Services. Due to the nature of technical outages, we cannot guarantee notice prior to unplanned outages. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Third Party Services
Third Party Services
The Services may contain features or functionality designed to interact and/or integrate with software, applications or services that are provided by a Person other than the Company (“Third Party Services”). To use these features, you may be required to obtain access to such Third Party Services from their providers, pay fees to the provider of such Third Party Services and/or agree to separate license agreements or terms with those providers. In order to use the Services, you may be required to grant us access to your Accounts to such Third Party Services. You expressly permit us to share Customer Content in conjunction with the Third Party Services and Customer Data with Third Party Service providers. The Third Party Services may import or export data related to your Account, activity and/or content and otherwise gather data from you.
Responsibility
We are not responsible for any Third Party Services or for any act or omission of any third party. The Company does not own, operate or endorse any Third Party Services and does not warrant any Third Party Services. You agree to assume all risks and liabilities associated with the use of any Third Party Services. Third Party Services are operated independently of us and we do not guarantee the availability of any Third Party Services. If the provider of any such Third Party Services ceases to make the Third Party Services available for interoperation with Services, the Company may cease providing such features or functionality without entitling Customer to any refund, credit or other compensation. You agree to use the Services only in compliance with the terms and conditions associated with any Third Party Services. We advise you to check the terms of use and privacy policies for all Third Party Services to ensure compliance and determine how they may use your information.
Disclaimer of Warranties
Disclaimer of Warranties
All Services are provided “as is” and on an “as available” basis. Neither the Company nor its suppliers or representatives make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. The Company makes no representation, warranty or guarantee that the Services will meet Customer’s requirement or expectation, that will be accurate, complete or preserved without loss, or that the Services will be timely, secure, uninterrupted or error-free. The Company does not guarantee that security measures will be error-free and will not be responsible or liable for unauthorized access beyond its reasonable control. The Company will not be responsible or liable in any manner for any Customer properties, third party products, third party content, or non-Company services (including for any delays, interruptions, transmission errors, security failures, and other problems caused by these items), for regulated data received from the Customer in breach of this Agreement, for the collection, use and disclosure of Data authorized by this Agreement or for decisions or actions taken (or not taken) by Customer based upon the Services. Customer acknowledges that the Company is not a business associate or subcontractor. The disclaimers in this section shall apply to the maximum extent not prohibited by applicable law, notwithstanding anything to the contrary herein. Customer may have other statutory rights. However, any statutorily required warranties under applicable law, if any, shall be limited to the shortest period and maximum extent permitted by law.
Indemnification
By the Company
We will indemnify, defend and hold harmless Customer from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against the Customer to the extent based on an allegation that the Company’s technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, patent or trademark right of a third party that is issued or registered in Canada or the United States. In no event will we have any obligations or liability under this section arising in whole or in part from any content, information or data provided by the Customer or other third parties, nor arising from the use or content of Third Party Plugins. The Company shall not be required to indemnify Customer in the event of: (a) modification of the Services by Customer, its employees, or contractors in conflict with Customer’s obligations or as a result of any prohibited activity as set forth herein; (b) use of the Services in a manner inconsistent with any guidance, materials or documentation provided by us; (c) use of the Services in combination with any other application, product, or service not provided by the Company if such claim would not have occurred without such combination; or (d) use of the Services in a manner not otherwise contemplated by this Agreement.
Customer Indemnification
Customer shall indemnify, defend and hold harmless the Company from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against the Company or its affiliates regarding: (i) Customer Content or Customer Data; (ii) Customer’s use of the Services in violation of this Agreement; and/or (iii) violations of Customer’s obligations of privacy to any Person.
Possible Infringement
If we believe the Services infringe or may be alleged to infringe a third party’s intellectual property rights, then we may: (i) obtain the right for you (at our expense) to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If we do not believe that the options described in this section are commercially reasonable, then we may suspend or terminate Customer’s use of the affected Services (with a pro-rata refund of prepaid fees for the Services).
Customer shall ensure that their use of the Services does not infringe a third party’s intellectual property rights. The Company may remove Customer Content published through Obsidian Publish if required by law.
Process
The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (ii) the other party may join the defense with its own counsel at its expense.
Exclusive Remedy
The indemnities above are the Company’s and Customer’s only remedy under this Agreement for third party infringement claims and actions.
Limitations of Liability and Damages
Limitations of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S OR ITS SUPPLIERS’ TOTAL LIABILITY EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY COMPANY TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Confidential Information
Confidential Information
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business (together “Confidential Information” of the Disclosing Party). Such information includes, without limitation, information relating to pricing of Services, Customer Data and IDs. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information; and (ii) not to use (except as permitted in this Agreement) or divulge to any third person such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to Confidential Information after five years following the termination of this Agreement or any Confidential Information that the Receiving Party can demonstrate that: (i) is or becomes generally known to the public; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation to the Disclosing Party; (iii) is received from a third party without any obligation of confidentiality to a third party or breach of any obligation of confidentiality to the Disclosing Party; (iv) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; or (v) is required by law. The Receiving Party shall promptly return to the Disclosing Party or destroy (with certification of such destruction provided by the Receiving Party upon request) all Confidential Information of the Disclosing Party in its possession or control upon request from the Disclosing Party.
Term and Termination
Term
This Agreement shall commence on the date set out in the first Access Agreement and shall remain in effect through the end of the provision of Services in accordance with any current Access Agreement, unless terminated earlier pursuant to the terms of this Agreement (the “Term”).
Termination
Either party may terminate this Agreement effective immediately upon written notice: (i) if the other party materially breaches a material obligation under this Agreement and, if such breach is capable of cure, does not cure the breach within ten (10) days after receiving written notice thereof from the non-breaching party; or (ii) if the other party becomes the subject of a petition in bankruptcy or any proceeding related to its insolvency, receivership or liquidation, in any jurisdiction, that is not dismissed within sixty (60) days of its commencement or an assignment for the benefit of creditors.
Effect of Termination
Upon expiration or other termination of the Services for any reason, your right to access and use the Services shall terminate. If you terminate this Agreement or any Access Agreement solely due to a material breach of this Agreement by us, we agree to refund all prepaid fees for the remaining portion of the Term for the terminated Services within thirty (30) days after the date of termination. If we terminate this Agreement or any Access Agreement for your material breach, all fees set out on such Access Agreement shall be immediately due and payable.
Return of Customer Data
At the end of the Term, the Company shall have the right to delete all of Customer Content and Customer Data at any time and cancel your Account with us. You acknowledge and agree that archived versions of the Services may include archived copies of Customer Content and Customer Data which may be retained by us for an archive cycle.
Links and Software
The obsidian.md website contains links to websites owned or operated by other entities which are not associated or affiliated with the Company. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company of the linked website or information contained in the linked website, or of their security or privacy practices. The Company will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk.
Linking to any other website is at your sole risk, and the Company will not be responsible or liable for any damages in connection with such linking. In addition, the Company does not endorse or approve of any websites linked from or to obsidian.md, except for other websites operated by the Company.
Neither the availability of Third Party Plugins, nor the linking to of Third Party Plugins on obsidian.md or other websites operated by the company, implies endorsement, investigation or verification by the Company of the Plugin, its content or functionality, or of its creators’ or distributors’ security or privacy practices. Use of Third Party Plugins are at your sole risk, and the Company will not be responsible or liable for any damages in connection with their use.
Framing of the obsidian.md website or any of its content in any form and by any method is strictly prohibited.
You may not gather, extract, reproduce and/or display on any other non-Company website or other online service, any material on or from obsidian.md or the Services, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of the Company.
Survival
Upon termination of this Agreement for any reason, Customer shall pay all amounts owed hereunder. Sections hereof that, by their terms, require continuing survival (including without limitation provisions related to ownership of content and intellectual property, limitations of liability and confidentiality) together with any other provision required for their construction or enforcement, shall survive termination of this Agreement for any reason.
General Provisions
Definitions
Capitalized terms used in this Agreement, and not otherwise defined in this Agreement, shall have the following meanings:
“Account” means any account, which includes a username and password, used by Customer to access and use the Services.
“Applicable Laws” means all statutes, codes, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, including general principles of common and civil law and equity, binding on or affecting the Person referred to in the context in which such word is used.
“Customer Content” means content the Customer shares with or provides to the Company or the public through the use of the Services.
“Customer Data” means non-anonymized electronic data pertaining to Customer that is collected and/or processed using the Services, including personal information, login credentials, and other information that relates to such parties’ use of the Services.
“Content” means any all content, data and other materials including, without limitation, images, trademarks, html e-mail codes, live streams, documentation, reports, materials, files, text, logos, artwork, graphics, pictures, advertisements, works, works of authorship or any other intellectual property contained in any such materials.
“Person” means a natural person or any legal, commercial or governmental entity, such as, but not limited to, a corporation, general partnership, joint venture, limited partnership, limited liability company, trust, business association, group acting in concert, or any person acting in a representative capacity.
“Users” means Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Services for Customer’s benefit and have unique user identifications and passwords for the Services.
“OBSIDIAN” means the code, technology and servers used in the operation and provision of the Services and includes all incorporated Software and any related materials and documentation.
Assignment
You may not assign this Agreement, nor any of the rights or obligations arising thereof, in whole or in part, to any third party without our prior written consent. We may assign this Agreement, as well as any of our obligations or rights, to a successor entity resulting from a merger, acquisition or consolidation involving the Customer.
Conflict
In the event of any conflict between these Terms of Service and an Access Agreement, the terms of the Access Agreement shall govern.
Notice
Except as otherwise provided herein, all notices shall be in writing and deemed given upon: (i) personal delivery; (ii) when received by the addressee if sent by an internationally recognized overnight courier (receipt requested); or (iii) first business day after sending by email. Notices shall be sent to the parties as set forth in the applicable Access Agreement.
Force Majeure
Except for your obligation to pay fees for the Services, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include, without limitation, accidents, acts of God, labour disputes, actions of any government agency, shortage of materials, acts of terrorism or the stability or availability of the Internet or a portion of it.
Waiver
A waiver of any right is only effective if it is in writing and only against the party who signed such writing and for the circumstances given.
Relationship of the Parties
The parties are Customer and service provider. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship.
Governing Law; Venue; Time for Bringing Action
This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in that Province. Any action or proceeding arising from or relating to this Agreement may only be brought in the courts located in Kitchener, Ontario and each party irrevocably submits to such exclusive jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods (also called the Vienna Convention, and which is cited in the statutes of Canada as the International Sales of Goods Contracts Convention Act) will not apply to this Agreement or the transactions contemplated by this Agreement. No cause of action arising hereunder or relating hereto may be brought more than one (1) year after it first accrues. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Additional Terms
Additional terms and conditions apply to purchases of products and services.
Severability
The terms and conditions of this Agreement will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of this Agreement.
Headings
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.
Entire Agreement
This Agreement, together with those incorporated or referred to in this Agreement, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us.
Electronic Communications
When you visit obsidian.md or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Business Name and Business Ownership
The legal business name of the Company is Dynalist Inc. Please direct enquiries to support@obsidian.md.
International Users
The Services are controlled, operated and administered by the Company (or its licensees) from its offices within Canada and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than those of Canada. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Canadian export controls and are responsible for any violations of such controls, including without limitation any Canadian embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, the Company may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If you have any questions about these Terms of Service or if you wish to provide any feedback with respect to the Services, please contact us at: support@obsidian.md.
OCaml LGPL Linking Exception
As a special exception to the GNU Lesser General Public License, you may link,
statically or dynamically, a "work that uses the OCaml Core System " with a
publicly distributed version of the OCaml Core System to produce an executable
file containing portions of the OCaml Core System , and distribute that
executable file under terms of your choice, without any of the additional
requirements listed in clause 6 of the GNU Lesser General Public License. By
"a publicly distributed version of the OCaml Core System ", we mean either the
unmodified OCaml Core System as distributed by INRIA , or a modified version of
the OCaml Core System that is distributed under the conditions defined in clause
2 of the GNU Lesser General Public License. This exception does not however
invalidate any other reasons why the executable file might be covered by the GNU
Lesser General Public License.
OCamlPro Non-Commercial Purpose License, version 1
You should carefully read the following terms and conditions before using this software. Your use of the Software indicates your acceptance of this license agreement and all terms and conditions.
You are hereby licensed to use the Software for Non-Commercial Purpose only. Non-Commercial Purpose means the use of the Software solely for research. Non-Commercial Purpose excludes, without limitation, any use of the Software, as part of, or in any way in connection with a product or service which is sold, offered for sale, licensed, leased, loaned, or rented, or used in a profit-making context. Permission to use, copy, modify, and distribute this compilation for Non-Commercial Purpose is hereby granted without fee, subject to the following terms of this license.
Copies and Modifications
You must include the above copyright notice and this license on any copy or modification of this compilation. Each time you redistribute this Software, the recipient automatically receives a license to copy, distribute or modify the Software subject to these terms and conditions. You may not impose any further restrictions on this Software or any derivative works beyond those restrictions herein.
You agree to use your best efforts to provide OCamlPro with any modifications containing improvements or extensions and hereby grant OCamlPro a perpetual, royalty-free license to use and distribute such modifications under its own terms of licensing. You agree to notify OCamlPro of any inquiries you have for commercial use of the Software and/or its modifications and further agree to negotiate in good faith with OCamlPro to license your modifications for commercial purposes.
Notices, modifications, and questions may be directed by e-mail to the OCamlPro team at contact@ocamlpro.com.
Commercial Use
If you desire to use the software for profit-making or commercial purposes, you agree to negotiate in good faith a license with OCamlPro prior to such profit- making or commercial use. OCamlPro shall have no obligation to grant such license to you, and may grant exclusive or non-exclusive licenses to others. You may contact the OCamlPro team at email address contact@ocamlpro.com to discuss commercial use.
Governing Law
This Agreement shall be subject to French law.
Disclaimer of Warranty
Because this software is licensed free of charge, there is no warranty for the program. OCamlPro makes no warranty or representation that the operation of the software in this compilation will be error-free, and OCamlPro is under no obligation to provide any services, by way of maintenance, update, or otherwise.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MER- CHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PUR- POSE IS OFFERED. THE ENTIRE RISK AS TO THE QUALITY AND PER- FORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PRO- GRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECES- SARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
IN NO EVENT WILL OCAMLPRO, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PRORAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPE- CIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INAC- CURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PRO- GRAMS), EVEN IF OCAMLPRO OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Name
Users will not use the name of OCamlPro nor any adaptation thereof in any publicity or advertising, without the prior written consent from OCamlPro in each case.
END OF TERMS AND CONDITIONS
Address all correspondence regarding this license to the OCamlPro team at email address contact@ocamlpro.com
License for Non-Military Software Implementations of OCB
January 10, 2013
1 Definitions
1.1 "Licensor" means Phillip Rogaway.
1.2 "Licensed Patents" means any patent that claims priority to United States Patent Application No. 09/918,615 entitled "Method and Apparatus for Facilitating Efficient Authenticated Encryption," and any utility, divisional, provisional, continuation, continuations-in-part, reexamination, reissue, or foreign counterpart patents that may issue with respect to the aforesaid patent application. This includes, but is not limited to, United States Patent No. 7,046,802; United States Patent No. 7,200,227; United States Patent No. 7,949,129; United States Patent No. 8,321,675; and any patent that issues out of United States Patent Application No. 13/669,114.
1.3 "Use" means any practice of any invention claimed in the Licensed Patents.
1.4 "Military Use" means any Use by, in cooperation with, on behalf of, or paid for by: the U.S. Department of Defense; U.S. Armed Forces (including the Army, Navy, Marines, Air Force, and Coast Guard); U.S. Department of Energy; U.S. Department of Homeland Security; U.S. intelligence agencies (including reconnaissance agencies); or foreign counterparts of these organizations.
1.5 "Research Use" means any Use by an accredited academic institution, by a commercial research laboratory, or by an employee or student of such an institution when such Use is made in the course of their employment or studies.
1.6 "Noncommercial Use" means any Use that is not intended for or directed toward commercial advantage or private monetary compensation.
1.7 "Software Implementation" means any practice of any invention claimed in the Licensed Patents that takes the form of software executing on a userprogrammable, general-purpose computer or that takes the form of a computerreadable medium storing such software. Software Implementation does not include, for example, application-specific integrated circuits (ASICs), fieldprogrammable gate arrays (FPGAs), embedded systems, or IP cores.
2 License Grant
2.1 License. Subject to your compliance with the terms of this license, including the restrictions set forth in Section 2.2, Licensor hereby grants to you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicenseable, no-charge, royalty-free, irrevocable license to practice any invention claimed in the Licensed Patents (i) for any Research Use, (ii) for any Noncommercial Use, and (iii) in any Software Implementation.
2.2 Restrictions
2.2.1 The license above does not apply to and no license is granted for any Military Use of the Licensed Patents.
2.2.2
The license above does not apply to and no license is granted for any Software Implementation that does not include the full text of this license in user-readable source code or documentation. The requirement of this paragraph may be satisfied by presenting the full text of this license to end users during software installation.
2.2.3
If you or your affiliates institute patent litigation (including, but not limited to, a cross-claim or counterclaim in a lawsuit) against any entity alleging that any Use authorized by this license infringes another patent, then any rights granted to you under this license automatically terminate as of the date such litigation is filed.
3 Disclaimer
YOUR USE OF THE LICENSED PATENTS IS AT YOUR OWN RISK AND UNLESS REQUIRED BY APPLICABLE LAW, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED PATENTS OR ANY PRODUCT EMBODYING ANY LICENSED PATENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATED TO ANY USE OF THE LICENSED PATENTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PRIOR TO SUCH AN OCCURRENCE.
License for Open Source Software Implementations of OCB
January 9, 2013
1 Definitions
1.1 "Licensor" means Phillip Rogaway.
1.2 "Licensed Patents" means any patent that claims priority to United States Patent Application No. 09/918,615 entitled "Method and Apparatus for Facilitating Efficient Authenticated Encryption," and any utility, divisional, provisional, continuation, continuations-in-part, reexamination, reissue, or foreign counterpart patents that may issue with respect to the aforesaid patent application. This includes, but is not limited to, United States Patent No. 7,046,802; United States Patent No. 7,200,227; United States Patent No. 7,949,129; United States Patent No. 8,321,675; and any patent that issues out of United States Patent Application No. 13/669,114.
1.3 "Use" means any practice of any invention claimed in the Licensed Patents.
1.4 "Software Implementation" means any practice of any invention claimed in the Licensed Patents that takes the form of software executing on a userprogrammable, general-purpose computer or that takes the form of a computerreadable medium storing such software. Software Implementation does not include, for example, application-specific integrated circuits (ASICs), fieldprogrammable gate arrays (FPGAs), embedded systems, or IP cores.
1.5 "Open Source Software" means software whose source code is published and made available for inspection and use by anyone because either (a) the source code is subject to a license that permits recipients to copy, modify, and distribute the source code without payment of fees or royalties, or (b) the source code is in the public domain, including code released for public use through a CC0 waiver. All licenses certified by the Open Source Initiative at opensource.org as of January 9, 2013 and all Creative Commons licenses identified on the creativecommons.org website as of January 9, 2013, including the Public License Fallback of the CC0 waiver, satisfy these requirements for the purposes of this license.
1.6 "Open Source Software Implementation" means a Software Implementation in which the software implicating the Licensed Patents is Open Source Software. Open Source Software Implementation does not include any Software Implementation in which the software implicating the Licensed Patents is combined, so as to form a larger program, with software that is not Open Source Software.
2 License Grant
2.1 License. Subject to your compliance with the terms of this license, including the restriction set forth in Section 2.2, Licensor hereby grants to you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicenseable, no-charge,
royalty-free, irrevocable license to practice any invention claimed in the Licensed Patents in any Open Source Software Implementation.
2.2 Restriction. If you or your affiliates institute patent litigation (including, but not limited to, a cross-claim or counterclaim in a lawsuit) against any entity alleging that any Use authorized by this license infringes another patent, then any rights granted to you under this license automatically terminate as of the date such litigation is filed.
3 Disclaimer
YOUR USE OF THE LICENSED PATENTS IS AT YOUR OWN RISK AND UNLESS REQUIRED BY APPLICABLE LAW, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE LICENSED PATENTS OR ANY PRODUCT EMBODYING ANY LICENSED PATENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATED TO ANY USE OF THE LICENSED PATENTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PRIOR TO SUCH AN OCCURRENCE.
Patent License for OpenSSL
1. Definitions
1.1 " Licensor" means Phillip Rogaway. orOne Shields Avenue, Davis, CA 95616-8562.
1.2 " Licensed Patents" means any patent that claims priority to United States Patent Application No. 09/918 ,615 entitled "Method and Apparatus for Facilitating Efficient Authenticated Encryption," and any utili ty, divisional, provisional, continuation, continuat ions in part, reexami nation , reissue, or foreign counterpart patents that may issue with respect to the aforesaid patent application. This includes, but is not limited to, Uni ted States Patent No. 7,046,802; United States Palen I No. 7,200,227; United States Patent No. 7,949, 129; United States Patent No.8 ,321 ,675; and any patent that issues out or Uni ted States Patent Application No. 13/669, 114.
1.3 " Use in OpenSSL" means using, making, copying, modifying, distribu ting, having made, importing or having imported any program, software, or computer system containing or based upon the OpenSSL toolkit, but does not include any imp lementation of the Licensed Patents that is unrelated to the OpenSSL toolkit.
1.4 "Licensee" means the OpenSSL Software Foundation, at 1829 Mount Ephraim Road, Adamstown , MD 21710, its affiliates, assignees. or sllccessors in interest, or anyone using, making, copying, modifying, di stributing, having made, importing, or having imported any program, software, or computer system including or based upon the OpenSSL toolkit, or their customers, supp liers, importers, manufacturers, distributors, or insurers.
2, Grant of License
2.1 Licensor hereby grants to Licensee a perpetual, worldwide, non-exclusive, nontransferable, non-sublicenseable, no-charge, royalty-free, irrevocab le license to Use in OpenSSL any invention claimed in the Licensed Patents.
3. Disclaimer
3. 1 LICENSEE'S USE OF THE LICENSED PATENTS IS AT LICENSEE'S OWN RISK AND UNLESS REQUIRED BY APPLICABLE LAW, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNfNG THE LICENSED PATENTS OR ANY PRODUCT EMBODYING ANY LICENSED PATENT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDfNG, WITHOUT LIM ITATION, WARRANTIES OF TITLE, MERCHANTIB ILlTY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRfNGEMENT. fN NO EVENT W ILL LICENSOR BE LIABLE FOR ANY CLA IM, DAMAGES OR OTHER
LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELAT ED TO ANY USE OF THE LICENSED PATENTS, INCLUD ING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADV ISED OF THE POSSIBILITY OF SUCH DAMAGES PRIOR TO SUCH AN OCCURRENCE.
Dated: November 13, 2013
Phillip Rogaway
Open CASCADE Exception (version 1.0) to GNU LGPL version 2.1.
The object code (i.e. not a source) form of a "work that uses the Library" can incorporate material from a header file that is part of the Library. As a special exception to the GNU Lesser General Public License version 2.1, you may distribute such object code incorporating material from header files provided with the Open CASCADE Technology libraries (including code of CDL generic classes) under terms of your choice, provided that you give prominent notice in supporting documentation to this code that it makes use of or is based on facilities provided by the Open CASCADE Technology software.
Open CASCADE Technology Public License
Version 6.6, April 2013
OPEN CASCADE releases and makes publicly available the source code of the software Open CASCADE Technology to the free software development community under the terms and conditions of this license.
It is not the purpose of this license to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this license has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
Please read this license carefully and completely before downloading this software. By downloading, using, modifying, distributing and sublicensing this software, you indicate your acceptance to be bound by the terms and conditions of this license. If you do not want to accept or cannot accept for any reasons the terms and conditions of this license, please do not download or use in any manner this software.
1. Definitions
Unless there is something in the subject matter or in the context inconsistent therewith, the capitalized terms used in this License shall have the following meaning.
"Applicable Intellectual Property Rights" means (a) with respect to the Initial Developer, any rights under patents or patents applications or other intellectual property rights that are now or hereafter acquired, owned by or assigned to the Initial Developer and that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce, modify, distribute or sublicense the Original Code without infringement; and (b) with respect to You or any Contributor, any rights under patents or patents applications or other intellectual property rights that are now or hereafter acquired, owned by or assigned to You or to such Contributor and that cover subject matter contained in Your Modifications or in such Contributor's Modifications, taken alone or in combination with Original Code.
"Contributor" means each individual or legal entity that creates or contributes to the creation of any Modification, including the Initial Developer.
"Derivative Program": means a new program combining the Software or portions thereof with other source code not governed by the terms of this License.
"Initial Developer": means OPEN CASCADE, with main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France.
"Modifications": mean any addition to, deletion from or change to the substance or the structure of the Software. When source code of the Software is released as a series of files, a Modification is: (a) any addition to, deletion from or change to the contents of a file containing the Software or (b) any new file or other representation of computer program statements that contains any part of the Software. By way of example, Modifications include any debug of, or improvement to, the Original Code or any of its components or portions as well as its next versions or releases thereof.
"Original Code": means (a) the source code of the software Open CASCADE Technology originally made available by the Initial Developer under this License, including the source code of any updates or upgrades of the Original Code and (b) the object code compiled from such source code and originally made available by Initial Developer under this License.
"Software": means the Original Code, the Modifications, the combination of Original Code and any Modifications or any respective portions thereof.
"You" or "Your": means an individual or a legal entity exercising rights under this License
2. Acceptance of license
By using, reproducing, modifying, distributing or sublicensing the Software or any portion thereof, You expressly indicate Your acceptance of the terms and conditions of this License and undertake to act in accordance with all the provisions of this License applicable to You.
3. Scope and purpose
This License applies to the Software and You may not use, reproduce, modify, distribute, sublicense or circulate the Software, or any portion thereof, except as expressly provided under this License. Any attempt to otherwise use, reproduce, modify, distribute or sublicense the Software is void and will automatically terminate Your rights under this License.
4. Contributor license
Subject to the terms and conditions of this License, the Initial Developer and each of the Contributors hereby grant You a world-wide, royalty-free, irrevocable and non-exclusive license under the Applicable Intellectual Property Rights they own or control, to use, reproduce, modify, distribute and sublicense the Software provided that:
You reproduce in all copies of the Software the copyright and other proprietary notices and disclaimers of the Initial Developer as they appear in the Original Code and attached hereto as Schedule "A" and any other notices or disclaimers attached to the Software and keep intact all notices in the Original Code that refer to this License and to the absence of any warranty;
You include a copy of this License with every copy of the Software You distribute;
If you distribute or sublicense the Software (as modified by You or on Your behalf as the case may be), You cause such Software to be licensed as a whole, at no charge, to all third parties, under the terms and conditions of the License, making in particular available to all third parties the source code of the Software;
You document all Your Modifications, indicate the date of each such Modification, designate the version of the Software You used, prominently include a file carrying such information with respect to the Modifications and duplicate the copyright and other proprietary notices and disclaimers attached hereto as Schedule "B" or any other notices or disclaimers attached to the Software with your Modifications.
For greater certainty, it is expressly understood that You may freely create Derivative Programs (without any obligation to publish such Derivative Program) and distribute same as a single product. In such case, You must ensure that all the requirements of this License are fulfilled for the Software or any portion thereof.
5. Your license
You hereby grant all Contributors and anyone who becomes a party under this License a world-wide, non-exclusive, royalty-free and irrevocable license under the Applicable Intellectual Property Rights owned or controlled by You, to use, reproduce, modify, distribute and sublicense all Your Modifications under the terms and conditions of this License.
6. Software subject to license
Your Modifications shall be governed by the terms and conditions of this License. You are not authorized to impose any other terms or conditions than those prevailing under this License when You distribute and/or sublicense the Software, save and except as permitted under Section 7 hereof.
7. Additional terms
You may choose to offer, on a non-exclusive basis, and to charge a fee for any warranty, support, maintenance, liability obligations or other rights consistent with the scope of this License with respect to the Software (the "Additional Terms") to the recipients of the Software. However, You may do so only on Your own behalf and on Your sole and exclusive responsibility. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold the Initial Developer and any Contributor harmless for any liability incurred by or claims asserted against the Initial Developer or any Contributors with respect to any such Additional Terms.
8. Disclaimer of warranty
The Software is provided under this License on an "as is" basis, without warranty of any kind, including without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is with You.
9. Liability
Under no circumstances shall You, the Initial Developer or any Contributor be liable to any person for any direct or indirect damages of any kind including, without limitation, damages for loss of goodwill, loss of data, work stoppage, computer failure or malfunction or any and all other commercial damages or losses resulting from or relating to this License or indirectly to the use of the Software.
10. Trademark
This License does not grant any rights to use the trademarks, trade names and domain names "MATRA", "EADS Matra Datavision", "CAS.CADE", "Open CASCADE", "opencascade.com" and "opencascade.org" or any other trademarks, trade names or domain names used or owned by the Initial Developer.
11. Copyright
The Initial Developer retains all rights, title and interest in and to the Original Code. You may not remove the copyright © notice which appears when You download the Software.
12. Term
This License is granted to You for a term equal to the remaining period of protection covered by the intellectual property rights applicable to the Original Code.
13. Termination
In case of termination, as provided in Section 3 above, You agree to immediately stop any further use, reproduction, modification, distribution and sublicensing of the Software and to destroy all copies of the Software that are in Your possession or control. All sublicenses of the Software which have been properly granted prior to termination shall survive any termination of this License. In addition, Sections 5, 8 to 11, 13.2 and 15.2 of this License, in reason of their nature, shall survive the termination of this License for a period of fifteen (15) years.
14. Versions of the license
The Initial Developer may publish new versions of this License from time to time. Once Original Code has been published under a particular version of this License, You may choose to continue to use it under the terms and conditions of that version or use the Original Code under the terms of any subsequent version of this License published by the Initial Developer.
15. Miscellaneous
15.1 Relationship of the Parties This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and the Initial Developer, and You will not represent to the contrary, whether expressly, by implication or otherwise.
15.2 Independent Development Nothing in this License will impair the Initial Developer's right to acquire, license, develop, have others develop for it, market or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Derivative Programs, technology or products that You may develop, produce, market or distribute.
15.3 Severability If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and extent.
END OF THE TERMS AND CONDITIONS OF THIS LICENSE
OPEN CASCADE is a French société par actions simplifiée having its registered head office at 1, place des Frères Montgolfier, 78280, Guyancourt, France and main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France. Its web site is located at the following address opencascade.com
Open CASCADE Technology Public License
Schedule "A"
The content of this file is subject to the Open CASCADE Technology Public License (the "License"). You may not use the content of this file except in compliance with the License. Please obtain a copy of the License at opencascade.com and read it completely before using this file.
The Initial Developer of the Original Code is OPEN CASCADE, with main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France. The Original Code is copyright © OPEN CASCADE SAS, 2001. All rights reserved. "The Original Code and all software distributed under the License are distributed on an "AS IS" basis, without warranty of any kind, and the Initial Developer hereby disclaims all such warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.
Please see the License for the specific terms and conditions governing rights and limitations under the License".
End of Schedule "A"
Open CASCADE Technology Public License
Schedule "B"
"The content of this file is subject to the Open CASCADE Technology Public License (the "License"). You may not use the content of this file except in compliance with the License. Please obtain a copy of the License at opencascade.com and read it completely before using this file.
The Initial Developer of the Original Code is OPEN CASCADE, with main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France. The Original Code is copyright © Open CASCADE SAS, 2001. All rights reserved.
Modifications to the Original Code have been made by . Modifications are copyright © [Year to be included]. All rights reserved.
The software Open CASCADE Technology and all software distributed under the License are distributed on an "AS IS" basis, without warranty of any kind, and the Initial Developer hereby disclaims all such warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.
Please see the License for the specific terms and conditions governing rights and limitations under the License"
End of Schedule "B"
OCLC Research Public License 1.0
Terms & Conditions Of Use
November, 2000
Copyright © 2000. OCLC Research. All Rights Reserved
PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE AND DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
Section One: Your Rights
Subject to these terms and conditions of this License, the OCLC Office of Research (the "Original Contributor") and each subsequent contributor (collectively with the Original Contributor, the "Contributors") hereby grants you a non-exclusive, worldwide, no-charge, transferable, copyright license to execute, prepare derivative works of, and distribute (internally and externally), for commercial and noncommercial purposes, the original code contributed by Original Contributor and all Modifications (collectively called the "Program").
This non-exclusive license (with respect to the grant from a particular Contributor) automatically terminates for any entity that initiates legal action for intellectual property infringement against such Contributor as of the initiation of such action.
Section Two: Your License Grant
If you make a Modification and distribute it externally you are a Contributor, and you must provide such Modification in source code form to the Original Contributor within thirty (30) days of such distribution under the terms of the license in Section 1 above in accordance with the instructions below. A "Modification" to the Program is any addition to or deletion from the contents of any file of the Program or of any Modifications and any new file that contains any part of the Program or of any Modifications.
As a Contributor you represent that your contributions are your original creation(s) and, to the best of your knowledge, no third party has any claim (including but not limited to intellectual property claims) relating to your Modification. You represent that your contribution submission includes complete details of any license or other restriction associated with any part of your Modification (including a copy of any applicable license agreement).
If, after submitting your contribution, you learn of a third party claim or other restriction relating to your contribution, you shall promptly modify your contribution submission and take all reasonable steps to inform those who may have received the Program containing such Modification.
Section Three: Redistribution
If you distribute the Program or any derivative work of the Program in a form to which the recipient can make Modifications, you must ensure that the recipient of the Program or derivative work of the Program accepts the terms of this License with respect to the Program and any Modifications included your distribution. In addition, in each source and data file of the Program and any Modification you distribute must contain the following:
"The contents of this file, as updated from time to time by the OCLC Office of Research, are subject to OCLC Research Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a current copy of the License at http://purl.oclc.org/oclc/research/ORPL/.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
This software consists of voluntary contributions made by many individuals on behalf of OCLC Research. For more information on OCLC Research, please see http://www.oclc.org/oclc/research/.
The Original Code is .
The Initial Developer of the Original Code is . Portions created by are Copyright (C) . All Rights Reserved.
Contributor(s): ."
If you redistribute the Program or any derivative work of the Program in a form to which the recipient can not make Modifications, you must include the following in appropriate and conspicuous locations:
"Includes software, which is Copyright (c) 2000- (insert then current year) OCLC OCLC Research and others. All rights reserved."
Any redistribution must be made without any further restriction on the recipient's exercise of the rights granted herein.
Section Four: Termination
If you fail to comply with this License, your rights (but not your obligations) under this License shall terminate automatically unless you cure such breach within thirty days of becoming aware of the noncompliance. All sublicenses granted by you which preexist such termination and are properly granted shall survive such termination.
Section Five: Other Terms
Except for the copyright notices required above or as otherwise agreed in writing, you may not use any trademark of any of the Contributors.
All transfers of the Program or any part thereof shall be made in compliance with U.S. Trade regulations or other restrictions of the U.S. Department of Commerce, as well as other similar trade or commerce restrictions which might apply.
Any patent obtained by any party covering the Program or any part thereof must include a provision providing for the free, perpetual and unrestricted commercial and noncommercial use by any third party.
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON INFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Original Contributor from time to time may change this License, and the amended license will apply to all copies of the Program downloaded after the new license is posted. This License provides you no implied rights or licenses to the intellectual property of any Contributor.
OCLC Research Public License 2.0
Terms & Conditions Of Use
May, 2002
Copyright (C) 2002. OCLC Research. All Rights Reserved
PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE
AND/OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE TO
THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
Section 1. Your Rights
Subject to these terms and conditions of this License, the OCLC Office of Research (the
"Original Contributor") and each subsequent contributor (collectively with the Original Contributor, the
"Contributors") hereby grant you a non-exclusive, worldwide, no-charge, transferable license to execute,
prepare derivative works of, and distribute (internally and externally), for commercial and noncommercial
purposes, the original code contributed by Original Contributor and all Modifications (collectively called
the "Program").
Section 2. Definitions
A "Modification" to the Program is any addition to or deletion from the contents of any file of
the Program and any new file that contains any part of the Program. If you make a Modification and
distribute the Program externally you are a "Contributor." The distribution of the Program must be under
the terms of this license including those in Section 3 below.
A "Combined Work" results from combining and integrating all or parts of the Program with
other code. A Combined Work may be thought of as having multiple parents or being result of multiple
lines of code development.
Section 3. Distribution Licensing Terms
A. General Requirements
Except as necessary to recognize third-party rights or third-party restriction (see
below), a distribution of the Program in any of the forms listed below must not put any
further restrictions on the recipient's exercise of the rights granted herein.
As a Contributor, you represent that your Modification(s) are your original creation(s)
and, to the best of your knowledge, no third party has any claim (including but not
limited to intellectual property claims) relating to your Modification(s). You represent
that each of your Modifications includes complete details of any third-party right or
other third-party restriction associated with any part of your Modification (including a
copy of any applicable license agreement).
The Program must be distributed without charge beyond the costs of physically
transferring the files to the recipient.
This Warranty Disclaimer/Limitation of Liability must be prominently displayed with
every distribution of the Program in any form:
YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY
OF ANY KIND (EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES
NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS
OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES, REPRESENTATIONS OR
GUARANTEES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO:
(A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY
MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK; OR (B) THE
RESULTS OF ANY PROJECT UNDERTAKEN USING THE PROGRAM, ANY
MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK. IN NO EVENT
SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
HEREBY WAIVE ANY CLAIMS FOR DAMAGES OF ANY KIND AGAINST
CONTRIBUTORS WHICH MAY RESULT FROM YOUR USE OF THE PROGRAM.
B. Requirements for a Distribution of Modifiable Code
If you distribute the Program in a form to which the recipient can make Modifications
(e.g. source code), the terms of this license apply to use by recipient. In addition, each
source and data file of the Program and any Modification you distribute must contain
the following notice:
"Copyright (c) 2000- (insert then current year) OCLC Online Computer Library Center,
Inc. and other contributors. All rights reserved. The contents of this file, as updated
from time to time by the OCLC Office of Research, are subject to OCLC Research
Public License Version 2.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a current copy of the License at
http://purl.oclc.org/oclc/research/ORPL/. Software distributed under the License is
distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the License for the specific language governing rights and limitations
under the License. This software consists of voluntary contributions made by many
individuals on behalf of OCLC Research. For more information on OCLC Research,
please see http://www.oclc.org/oclc/research/. The Original Code is
. The Initial Developer of the Original Code is
. Portions created by are
Copyright (C) . All Rights Reserved. Contributor(s):
."
C. Requirements for a Distribution of Non-modifiable Code
If you distribute the Program in a form to which the recipient cannot make Modifications
(e.g. object code), the terms of this license apply to use by recipient and you must
include the following statement in appropriate and conspicuous locations:
"Copyright (c) 2000- (insert then current year) OCLC Online Computer Library Center,
Inc. and other contributors. All rights reserved."
In addition, the source code must be included with the object code distribution or the
distributor must provide the source code to the recipient upon request.
D. Requirements for a Combined Work Distribution
Distributions of Combined Works are subject to the terms of this license and must be
made at no charge to the recipient beyond the costs of physically transferring the files
to recipient.
A Combined Work may be distributed as either modifiable or non-modifiable code. The
requirements of Section 3.B or 3.C above (as appropriate) apply to such distributions.
An "Aggregate Work" is when the Program exists, without integration, with other
programs on a storage medium. This License does not apply to portions of an
Aggregate Work which are not covered by the definition of "Program" provided in this
License. You are not forbidden from selling an Aggregate Work. However, the Program
contained in an Aggregate Work is subject to this License. Also, should the Program
be extracted from an Aggregate Work, this License applies to any use of the Program
apart from the Aggregate Work.
Section 4. License Grant
For purposes of permitting use of your Modifications by OCLC and other licensees
hereunder, you hereby grant to OCLC and such other licensees the non-exclusive, worldwide, royalty-
free, transferable, sublicenseable license to execute, copy, alter, delete, modify, adapt, change, revise,
enhance, develop, publicly display, distribute (internally and externally) and/or create derivative works
based on your Modifications (and derivative works thereof) in accordance with these Terms. This Section
4 shall survive termination of this License for any reason.
Section 5. Termination of Rights
This non-exclusive license (with respect to the grant from a particular Contributor)
automatically terminates for any entity that initiates legal action for intellectual property infringement (with
respect to the Program) against such Contributor as of the initiation of such action.
If you fail to comply with this License, your rights (but not your obligations) under this
License shall terminate automatically unless you cure such breach within thirty (30) days of becoming
aware of the noncompliance. All sublicenses granted by you which preexist such termination and are
properly granted shall survive such termination.
Section 6. Other Terms
Except for the copyright notices required above, you may not use any trademark of any of
the Contributors without the prior written consent of the relevant Contributor. You agree not to remove,
alter or obscure any copyright or other proprietary rights notice contained in the Program.
All transfers of the Program or any part thereof shall be made in compliance with U.S.
import/export regulations or other restrictions of the U.S. Department of Commerce, as well as other
similar trade or commerce restrictions which might apply.
Any patent obtained by any party covering the Program or any part thereof must include a
provision providing for the free, perpetual and unrestricted commercial and noncommercial use by any
third party.
If, as a consequence of a court judgment or settlement relating to intellectual property
infringement or any other cause of action, conditions are imposed on you that contradict the conditions of
this License, such conditions do not excuse you from compliance with this License. If you cannot
distribute the Program so as to simultaneously satisfy your obligations under this License and such other
conditions, you may not distribute the Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you,
you could not satisfy both the patent license and this License, and you would be required to refrain
entirely from distribution of the Program.
If you learn of a third party claim or other restriction relating to a Program you have already
distributed you shall promptly redo your Program to address the issue and take all reasonable steps to
inform those who may have received the Program at issue. An example of an appropriate reasonable
step to inform would be posting an announcement on an appropriate web bulletin board.
The provisions of this License are deemed to be severable, and the invalidity or unenforceability of
any provision shall not affect or impair the remaining provisions which shall continue in full force and effect. In
substitution for any provision held unlawful, there shall be substituted a provision of similar import reflecting the
original intent of the parties hereto to the extent permissible under law.
The Original Contributor from time to time may change this License, and the amended
license will apply to all copies of the Program downloaded after the new license is posted. This License
grants only the rights expressly stated herein and provides you with no implied rights or licenses to the
intellectual property of any Contributor.
This License is the complete and exclusive statement of the agreement between the
parties concerning the subject matter hereof and may not be amended except by the written agreement of
the parties. This License shall be governed by and construed in accordance with the laws of the State of
Ohio and the United States of America, without regard to principles of conflicts of law.
Version 1.0
ORACLE COMMUNITY SOURCE LICENSE
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ORACLE COMMUNITY SOURCE LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
1. RIGHTS GRANTED.
Oracle Corporation ("Oracle") hereby grants You (as either an individual or a legal entity exercising rights under this license) a worldwide, royalty-free, non-exclusive copyright license to use, copy, modify, distribute and sublicense the software program accompanying this license (the "Program"), including any end user documentation accompanying the software program (the "Documentation"), in source and binary forms. Oracle also grants You a worldwide, royalty-free, non-exclusive patent license under Oracle's Licensed Patents solely to make, use, sell, offer to sell, import and otherwise transfer the Program in source code and object code form and to sublicense, directly and indirectly, such rights. This license shall not apply to any modifications of the Program or to any combination of the Program with any other technology. "Licensed Patents" shall mean patent claims that are licensable by Oracle and that are necessarily infringed by the use or sale of the Program. You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions contained in the Programs.
Other than as expressly provided in this paragraph, You receive no right or license to the intellectual property of Oracle under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
2. DISTRIBUTION REQUIREMENTS.
If You choose to distribute the Program, You must also comply with the following requirements:
1. If You distribute the Program in source code form, you must license the Program under the same terms as set forth in this Agreement;
2. If You distribute the Program in object code form, You must make the source code for the Program available on a medium customarily used for software exchange;
3. If You distribute the Program in object code form, You may do so under Your own license agreement provided that Your license:
1. does not conflict with the terms and conditions of this Agreement;
2. effectively disclaims on behalf of Oracle all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantibilty or fitness for a particular purpose;
3. effectively excludes Oracle's liability for ALL damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
4. states that any provisions that differ from this Agreement are offered by You alone; and
5. states that source code for the Program is available from You and informs licensees how to obtain the source code from You.
4. Any distribution of the Program must contain the following copyright notice in a conspicuous location:
"Copyright 1999, 2000 Oracle Corporation. All rights reserved."
In addition, if You modify the Program, you must identify yourself as the author of the modification in such a way that allows subsequent recipients to identify the originator of the modification.
3. ADDITIONAL TERMS OFFERED BY YOU.
In distributing the Program, You may choose to accept certain responsibilities regarding the Program with respect to end users, business partners and the like. If You choose to offer terms in addition to those provided in this Agreement, for example warranty, support or indemnity terms, You may do so solely on Your own behalf and You agree to indemnify, defend and hold Oracle harmless for any liability, damages or losses arising from claims brought by a third party against Oracle related to any such additional terms. In addition, You agree to indemnify Oracle for any liability, damages or losses arising from a claim brought by a third party that Your distribution of the Program in a modified format or as combined with other technology infringes a copyright, patent, trade secret or other intellectual property right. For purposes of clarity, You shall not have an obligation to indemnify Oracle for a claim of infringement to the extent such a claim is based on the Program, in its unmodified or standalone form, infringing a third party's intellectual property rights. You agree that You will not enter into any settlement that binds Oracle without Oracle's prior written consent.
4. PUBLICITY.
You may not use "Oracle", any term beginning with the letters "Ora", any other term likely to cause confusion with "Oracle" or any trademarks adopted by Oracle to identify the Program as any portion of your tradename or trademark or to otherwise endorse or promote products derived from the Program.
5. NO WARRANTY.
This Program is provided "as is", without warranty of any kind. ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTIBILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
6. LIABILITY.
IN NO EVENT SHALL ORACLE CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. GENERAL.
Your rights under this Agreement shall immediately terminate if You fail to comply with any of the material terms of this Agreement. In addition, if You institute patent litigation against Oracle with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by Oracle to You under this Agreement shall automatically terminate as of the date such litigation is filed. In addition, if You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program infringes Your patent(s) or contributes to or induces infringement of Your patent(s), then any patent rights granted to You under this Agreement shall automatically terminate as of the date the litigation is filed. Upon termination of this Agreement, You agree to immediately cease use and distribution of the Program. However, Your obligations under Paragraph 3 ("Additional Terms Offered By You") of this Agreement shall survive termination.
The Program is a "commercial item" as defined in FAR 2.101. Government software rights in the Program include only those rights customarily provided to the public as defined in this License. This customary commercial license in computer software is provided in accordance with FAR 12.212 (Computer Software) and, for the Department of Defense purchases, DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Program with only those rights set forth herein.
You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws")to assure that neither the Program, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement will be governed by and construed under the laws of the State of California, without giving effect to such state's conflict of law principles. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in San Francisco or San Mateo County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
This Agreement constitutes the entire agreement of the parties concerning its subject matter and supersedes any and all prior or contemporaneous, written or oral negotiations, correspondence, understandings and agreements between the parties respecting the subject matter of this Agreement. Only Oracle may modify this Agreement. Oracle may choose to publish new versions of this Agreement from time to time. Each new version of this Agreement will be given a distinguishing version number. The Program may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, You may elect to distribute the Program under the new version. The failure of Oracle to enforce any of the provisions of this Agreement shall not be construed to be a waiver of the right of Oracle to later enforce such provisions.
Open Compensation Token License
Version 0.21, December 2024
Copyright © Tim Frey and Christian Schmitt
Implementation: License-token.com
TERMS AND CONDITIONS FOR USING NON-FUNGIBLE TOKENS AND SMART CONTRACTS TO LICENSE SOFTWARE
IMPORTANT: THIS IS AN OPEN BETA LICENSE AND ASSOCIATED SMART CONTRACTS AND WILL BE INCREMENTALLY IMPROVED. USE AT YOUR OWN RISK!
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
This License is in active development. Therefore, anyone using the current version should check for updates regularly. Later versions of this License and associated software will supersede the current version.
This License and associated software artifacts come without any warranties or guarantees. It is to be assumed that, like in any software project, there are bugs and failures.
Goal of the Open Compensation Token License is to enable creators (for instance of software) to open source and tie their Work to non-fungible tokens to earn fair royalty for their work in a non-fungible token based economy. This possibility shall advance and help distributed ledger technology to become mainstream and motivate creatives to publish their work in an open source and collaborative way.
In a nutshell, the Open Compensation Token License and associated smart contracts leverage native fits between usage permissions or rights and the associated creations in a completely non-fungible token manner, defining "license terms and conditions," "usage licenses," and the creations themselves.
1. Definitions
The Open Compensation Token License is this document and associated software realizations. Concrete, not limiting, definitions of terms and given in the following:
1.1. General Terms
Open Compensation Token License (short OCTL) shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. In this document the (OCTL) is also referred to as this License. The actual version of the Open Compensation Token License (short OCTL) shall be found in text in https://github.com/open-compensation-token-license/license.
OCTL smart contracts shall mean the software artifacts provided as realization of the OCTL and their manifestation in one or more different blockchains. Deployed and valid or updated instances references of those smart contracts (contract addresses) and their way of operation and documentation to interact with those shall be found in: https://github.com/open-compensation-token-license/octl. The final execution of those smart contracts and interaction of Legal Actors shall happen in a decentralized network and not be controlled by a singular entity. Hence, when OCTL smart contracts are mentioned in this document it shall always mean their source code resulting in their final object code, their storage and their associated resulting way of operation and execution in a distributed and decentralized way. Distributed ledger addresses where active OCTL smart contracts can be used to on a blockchain are documented in ONCHAINCONTRACTS.md.
OCTL Root Project shall mean the Digital Artifacts of the OCTL, including the Open Compensation Token License itself and OCTL smart contracts and documentation. Ideally, one can also recognize most of the OCTL Digital Artifacts additionally by the tag "octl-sid:7dec4673-5559-4895-9714-1cdd61a58b57" in files.
OCTL Application shall mean an actors usage of the OCTL associated OCTL smart contracts to issue, distribute, sell or define Application Licenses.
OCTL Application License shall mean the License, permission and grant to apply the OCTL to a Project or a Digital Artifact.
Application License shall mean any kind of copyright or patent grant to use, reproduce, apply a Digital Artifact in Source or Object form which made available under the terms and conditions of the OCTL.
Token or also labelled crypto tokens are artifacts created by means of distributed ledger technology (DLT).
1.2. Actors
Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
Legal Actor shall mean any natural person, Legal Entity or any form of association representing the will of natural persons or Legal Entities.
Rights Owner shall mean any Legal Actor owning the copyrights, patents or similar rights, permissions grants to issue copyright, patent grants or similar of Digital Artifacts, Work, Source, Object, Derivative Works, Contribution or similar to others.
OCTL Maintainers shall mean the group of Rights Owners of the OCTL itself.
OCTL Applicant shall mean any kind of Legal Actor, applying the OCTL to one or more Projects or Digital Artifacts.
Project Contributor shall mean any Legal Actor on behalf of whom a Contribution has been received by Licensor that was accepted incorporated within the Work.
Project Owners shall mean any Legal Actors, owning the rights and permissions of a Project.
Licensor shall mean the Rights Owner or Legal Actor authorized by the Rights Owner that is granting an Application License according to the terms and conditions of the OCTL, such as for instance Project Owners.
Licensee shall mean any Legal Actor who got granted a License by a Licensor, according to the terms of the OCTL.
1.3. Artifacts
Digital Artifact shall mean any kind of digital manifestation of an intellectual creation for which a copyright or patent right exists.
Source form shall mean any Digital Artifact in the preferred form for making modifications, including but not limited to images, texts, instructions, training set or instructions for machine learning, concepts, software source code, documentation source, and configuration files.
Object form shall mean a Digital Artifact in any form resulting from mechanical transformation or translation of a source form, including but not limited to compiled object code, trained or configured machine learning models, generated documentation, and conversions to other media types.
Work shall mean the work of authorship of a Digital Artifact, whether in Source or Object form.
Derivative Works shall mean any Work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original Work of authorship. For the purposes of this OCTL, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of the Work and Derivative Works thereof.
Contribution shall mean any Work of authorship, including the original version of the work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to the Licensor for inclusion in the Work by the Copyright Owner or by an individual or Legal Entity authorized to submit on behalf of the Copyright Owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the Copyright Owner as "Not a Contribution."
Project shall mean any Legal Actors assembly of Work, Derivative Work, Contributions in form of any kind of manifested, referenced or similar set of Digital Artifacts, such as a git project for example, or a sole Digital Artifact.
OCTL Fellow Project or OCTL Digital Artifact shall mean a Project or Digital Artifact made available under the terms and conditions of the OCTL, as indicated by a copyright notice that is included in or attached to the work.
1.4. Actor representations
In the case of the OCTL a Token shall be created by OCTL smart contracts. The Tokens and OCTL smart contracts shall manifest, document, represent and realize permissions, rights, Digital Artifacts and Legal Actors described in this OCTL.
Token Holder shall mean any Legal Actor who created, let create or got into possession of a Token in any other way.
Contributor Token shall mean any non-fungible Token tied to a smart contract of the OCTL, allowing the Token Holder who is the Rights Owner to represent one or more Digital Artifacts. For example such Contributor Tokens can represent as a copyright protected Work, Derivate Works, Projects, Source, Object or any other kind of Contribution.
Surrogate ID and URI (Uniform Resource Identifier) shall mean any unique identifier such as a Universally Unique Identifier (UUID) or Token, representing one or more Digital Artifacts or intellectual property rights. A Digital Artifact or intellectual property rights can be associated with multiple Surrogate ID/URI and Surrogate ID/URI themselves or a set of those can be represented by other Surrogate ID/URI. The association of Digital Artifacts can for instance be specified in a file or a git commit or a list of files and Surrogate IDs to create sets. Another way is to include a OCTL-SID-INFO.txt in the root of a project, defining which artifacts belong to which SID. In source code one can also use tags to make associations. Surrogate IDs/URI can be used as method to associate Contributor Tokens with the contents of the Surrogate IDs/URIs.
License Token shall mean any non-fungible Token representing terms, conditions and computation directives for a License and its cost for a defined intellectual property, in Object or Source, represented by a Contribution Token.
Granted License Token shall mean any non-fungible Token representing usage rights of copyright or otherwise protected Work, Derivate Works, Projects, Source, Object or any other kind of Contributions. Granted License Tokens represent or contain Application Licenses.
1.5. Specific OCTL Actor representations
OCTL Maintainers shall be represented by the authors of the OCTL and smart contracts itself.
2. Terms of applying the Open Compensation Token License to Digital Artifacts
Any Legal Actor (second party) shall be granted an OCTL Application License form the OCTL Root Project/OCTL Maintainers (first party) to license Digital Artifacts to a Licensee (third party) which the Legal Actor holds the sufficient rights and permissions (being the Rights Owner of the artifacts), provided the following terms and conditions are met:
The Licensee (third party) of the Legal Actor (second party) acknowledges and agrees in special that even malicious or illegal Digital Artifacts of the Legal Actor being sold via OCTL smart contracts/Tokens are not in control of the OCTL Root Project (first party) and only the Legal Actor himself is accountable for those.
The terms and conditions of an Application License for the Digital Artifacts are represented and referenced by License Tokens.
The associated OCTL smart contracts are used to issue Application Licences in form of Granted License Tokens.
The Licensees of the Legal Actor acknowledge the terms, conditions and fees of the OCTL and that the usage of the OCTL Root Project itself. Thereby, the Legal Actor and their Licensees specifically acknowlege that the OCTL Application is provided with potential failures, without any warranties, guarantees and further liabilities as described in any document of the OCTL Root Project.
The Legal Actor uses and applies a verbatim copy of the Open Compensation Token License and apply its associated smart contracts.
The Legal Actor conspicuously and appropriately publish on each copy an appropriate copyright notice.
The Legal Actor keeps intact all notices of the Open Compensation Token License.
The Legal Actor keeps intact all notices of the absence of any warranty.
The Legal Actor gives all recipients (Licensees) a copy of the OCTL.
The Licensee of the Legal Actor acknowledges and agrees that any kind of contractual situation is only with the Legal Actor and not with the authors of the OCTL.
The Legal Actor and their Licensee agree to the compensation methods of the OCTL smart contracts.
In case a Legal Actor, as second party, and any of their Licensees, as third party, of him meets the provisions of the OCTL, the OCTL smart contracts, as the first party, can be used to issue Application Licences in a tokenized form of Granted Licences for Digital Artifacts such as Work, Derivate Works, Projects, Source, Object or any other kind of Contributions. The additive terms and conditions to the OCTL terms and conditions are specified for Granted License Token by referning License Tokens and their terms and conditions. Licensed Digital Artifacts are referenced in Granted License Token allowing each third party Licensee to proof the validity to use the work by the associated terms and condition of the associated License Tokens.
2.1. Updates
With the agreement of over 75% of the OCTL Maintainers, may publish revised and/or new versions of the Open Compensation Token License or its associated artifacts, such as smart contracts, from time to time.
Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If in a Project, applying the Open Compensation Token License, no version or the term "or any later version of the Open Compensation Token License is used, any version later than the specified version or the latest published version of the Open Compensation Token License shall be applicable for the project.
Since this License is under development, please note that later versions shall override and restrict permissions or introduce new obligations.
2.2. Contributions to the OCTL itself
Any Legal Actor may provide suggestions or improvements in form of Digital Artifacts for the OCTL and its associated artifacts (e.g. OCTL smart contracts) and ask for inclusion and incorporation of these into the OCTL. Any such inclusion request shall be seen as a donation free of charge where all usage rights, permissions and perpetual copyright is granted to the OCTL Maintainers without any terms and conditions.
2.3. Jurisdiction of the OCTL
In order to cover distributed and decentralized residence and execution and contractual places of the OCTL smart contracts, Digital Artifacts, OCTL Maintainers, OCTL Applicants, Licenses and related actors, a common jurisdiction for all shall be agreed on by each participant (for example, but not limited to: OCTL Author, OCTL Maintainers, OCTL Applicant, Licensee): Any action or suit relating to this OCTL itself or Digital Artifacts licensed under the OCTL may be brought only in the courts of Cyprus and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the original Work outside the scope of this OCTL or after its termination shall be subject to the requirements and penalties laws of other countries, and international treaty. This section shall survive the termination of this License.
2.4. Digital OCTL manifestation
The OCTL shall manifests in a distributed and decentralized way.
2.4.1. Software implementation of this License
The OCTL comes with manifestations of its meaning in smart contracts in source and executable contracts on the blockchain.
2.4.2. Smart contract realization and Open Compensation Token License
In case there is a difference of the written version and the OCTL smart contracts, the written version shall prevail.
In case there are elements in OCTL smart contract that are not written in the OCTL text, the smart contract code shall serve as manifestation of the meaning of the OCTL.
3. OCTL Project Setup and Management
By default OCTL Projects shall be seen as decentralized and distributed set of work.
3.1. Inclusion of Contributions
Each Contributor transfers
own ownership and use,
rights to revise the works,
sharing of any revenue,
and potential owned other intellectual property such as patents, included in the Contributions Work to the terms and conditions of the OCTL.
4. Licensing of Downstream Recipients
By using the OCTL smart contracts in the intended way, all licensing matters of this OCTL are fulfilled for ordinary cases.
4.1. Compulsory to obtain Application Licenses via License Tokens
Any Project, being itself licensed with the OCTL or not, using Digital Artifacts or other Projects licensed under the terms and conditions of the OCTL shall obtain the necessary Application License of the used Projects and an OCTL Application License itself and tied to its terms and conditions. Thereby, using is defined as applying, linking, or any other form of utilization that is described in 4. The necessary Application License need to be procured by getting into possession of the representing Application License Token. Details of the different Application Licenses are described in 4.
4.2. Exemption
Projects using artifacts licensed under the terms and conditions of the OCTL for solely academic or testing purposes shall be exempted from obtaining any kind of license as long as they are not reproducing the work licensed under the terms and conditions of the OCTL publicly or within a company.
4.3. Inclusion in other Licenses
In case a Legal Actor licenses own work under a custom license, in combination with any kind of Work that is under OCTL, the Legal Actor shall ensure the following:
Each Third party gets a copy of the OCTL and shall be tied to the original terms of conditions of the artifacts of the OCTL like if they used the project themselves.
Each time the Legal Actor conveys a work covered by the terms and conditions of the OCTL, the recipient, or Legal Actor, acting then as Licensee or on his behalf, is required to procure the following token representations:
The necessary Application Licenses according to the usage scenarios of the OCTL Projects which are used.
An OCTL Application License.
4.4. Value added services
A Legal Actor may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights for Projects licensed under the terms and conditions of the OCTL. However, in accepting such obligations, a Legal Actor may act only on their own behalf and on their sole responsibility, not on behalf of any other Contributor, and only if the Legal Actor agrees to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of the Legal Actor accepting any such warranty or additional.
5. Application Licenses
The term Granted License Tokens is the technical manifestation of an Application License. Users of Projects and Digital Artifcats licensed under the terms and conditions of the OCTL need to obtain Granted License Tokens via the associated OCTL smart Contracts under the following terms:
5.1. Application License procurement
Granted Application Licenses have to be procured 10 days after the use of artifacts under the OCTL.
5.2. Application License pricing
Each Project can choose their own pricing metrics, within the parameters of the OCTL. Licensees may have to specify a questionnaire about their usage that then gets use to compute the License costs for each Digital Artifact or Project under the OCTL.
5.3. Application License creation
Application Licenses are valid as long as the associated Granted License Tokens are valid. The OCTL smart contracts specify the validity and transferability of the Application Licenses.
5.4. The following Application License can be obtained for any Project licensing under the terms and conditions the OCTL
For each Application License, a corresponding license token shall be procured. Licenses can differ in price for the purchasing Legal Actor, for instance if it is an open source project under the OCTL or it is an end customer. Specific Application Licenses are defined via License Tokens and associated definitions. As of this moment only OCTL Maintainers are allowed to define new Application Licenses.
5.5. OCTL progress distribution
Each process of procuring Application Licenses with the OCTL might define a fee to be substracted for the OCTL creators which is automatically deducted during Application License procurement.
5.6. Granted License Tokens
Application Licenses can be represented by License tokens on a distributed ledger where the association with Contributor Tokens is documented.
5.6.1. Uniqueness
Each license token shall be unique and not interchangeable.
5.6.2. Transferablility
The OCTL Smart Contract implementation specifies transferability feature or denies them.
Transfers of an Application Licenses can also include a commission that is distributed to the Contributor Token holders.
Once a Application License Token was transferred a new Token Holder this shall represent the transfer of the Application License itself.
5.7. Time based Application License Tokens
Time based Granted License Tokens grant Application Licenses only for a specified time period. After this period the Application Licenses holder is not holding a valid Application Licenses anymore. The OCTL smart contracts contain the specifics how long an Application License is valid.
5.8. Procurement of Application Licenses for a third party
Not all Legal Actors use blockchain technology, therefore the OCTL supports the following scenario: Legal Actors can procure tokens on behalf of another entity, provided the purchasing Legal Actors only purchase a non-transferable Granted License Token for the third party.
6. Contributions
Providing Contributions to a Project can be associated with non-fungible Contributor Tokens.
6.1. Royalty
Royalties are, for instance, collected by donations, Contribution Token sales, Application License procurements, sales or trade of Tokens and stored via OCTL smart contracts. Those royalties are then distributed according to the OCTL smart contracts to creators and/or owners of different OCTL Tokens.
6.2. Terms of inclusion
Unless a Contributor explicitly states otherwise, any Contribution intentionally submitted for inclusion in the Work of an OCTL Fellow Project shall be under the terms and conditions of the OCTL, without any additional terms or conditions.
7. Token price
The Token price of any token associated with the OCTL is the net amount after eventual taxes. Eventual sales tax, withholding tax, service tax, goods tax or any other tax such as value added tax needs to be covered by the token purchasing entity and is on top of any Token price.
8. Trademarks
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work.
9. Disclaimer of Warranty
Unless required by applicable law or agreed to in writing, each Licensor of an OCTL Project and the OCTL Fellow Project itself provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. Any Legal Actor is solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with your exercise of permissions under this OCTL.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and gross negligence acts) or agreed to in writing, shall any Contributor or Maintainer of an Project and the OCTL Fellow Project itself be liable to Legal Actor, and in specific Licensee, for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
@octl.sid:7dec4673-5559-4895-9714-1cdd61a58b57
Oculus SDK License Agreement
Effective date: 10/13/2020
Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.
The text of this may be found at: https://developer.oculus.com/licenses/oculussdk/
This Oculus SDK License Agreement (“Agreement”) is a legal agreement between you and Oculus governing your use of our Oculus Software Development Kit. Oculus Software Development Kit means any SDK, application programming interfaces (“APIs”), tools, plugins, code, technology, specification, documentation, Platform Services, and/or content made available by us to others, including app developers and content providers (collectively, the “SDK”).
By downloading or using our SDK, you are agreeing to this Agreement along with other applicable terms and conditions such as the additional terms or documents accompanying the SDK and the Terms of Service, and acknowledging our Privacy Policy (collectively, “Terms”). If you use the SDK as an interface to, or in conjunction with other Oculus products or services, then the terms for those other products or services also apply.
Here, "Oculus" means Facebook Technologies, LLC, formerly known as Oculus VR, LLC, a Delaware limited liability company with its principal place of business at 1 Hacker Way, Menlo Park, California 94025, United States unless set forth otherwise. We may refer to "Oculus" as "we", "our", or "us" in the Agreement.
You may not use the SDK and may not accept the Agreement if (1) you are a person with whom Oculus is prohibited from transacting business under applicable law, or (2) you are a person barred from using or receiving the SDK by Oculus or under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the SDK. If you are using the SDK on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Agreement and by accepting the Agreement, you are doing so on behalf of that entity (and all references to "you" in the Agreement refer to that entity).
This Agreement requires the resolution of most disputes between you and Oculus by binding arbitration on an individual basis; class actions and jury trials are not permitted.
1. License Grant
1.1 License. Subject to the Terms and the restrictions in this Section, Oculus hereby grants you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable copyright license (“License”) during the term of this Agreement to use and reproduce the SDK solely to develop, test, or distribute your Application (defined below) and to enable you and/or your end users access to Oculus features through your Application. You may only use the SDK to develop Applications in connection with Oculus approved hardware and software products (“Oculus Approved Products”) unless the documentation accompanying the SDK expressly authorizes broader use such as with other third-party platforms.
1.1.1 If the SDK includes any libraries, sample source code, or other materials that we make available specifically for incorporation in your Application (as indicated by applicable documentation), you may incorporate those materials and reproduce and distribute them as part of your Application, including by distributing those materials to third parties contributing to your Application.
1.1.2 The SDK may include other content (e.g., sample code) that is for demonstration, reference, or other purposes and is subject to terms and conditions included with such materials. Such materials will be clearly marked in the applicable documentation. Absent such additional terms and conditions, you may modify, distribute, and sublicense any sample source made available as part of the SDK pursuant to the Terms.
1.1.3 The SDK may include Oculus content that is subject to your additional right to display the content to your end users through the use of the corresponding SDK, as contemplated by the documentation accompanying such SDK. For example, the SDK may include avatars that you may display to your end users.
1.2 General Restrictions. The License grant in this Section is solely for the purpose of developing, testing, and promoting your engines, tools, applications, content, games and demos, or other products and features (collectively, “Application”) and providing you and/or your end users access to Oculus services and features through your Application as contemplated by applicable documentation accompanying the SDK. You may not (or allow those acting on your behalf to):
1.2.1 modify or create derivative works from any SDK or its component (other than sample source code described in this Section or expressly authorized by the documents accompanying the SDK);
1.2.2 misrepresent or mask either your identity or your Application's identity when using the SDK or developer accounts;
1.2.3 attempt to circumvent any limitations documented with the SDK (e.g., limiting the number of requests you may make or end users you may serve);
1.2.4 reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code from the SDK, except to the extent that applicable law expressly permits despite this limitation;
1.2.5 alter, restrict, or interfere with the normal operation or functionality of the SDK, the Oculus hardware or software, or Oculus Approved Products, including, but not limited to: (a) the behavior of the “Oculus button” and “XBox button” implemented by the Oculus system software; (b) any on-screen messages or information; (c) the behavior of the proximity sensor in the Oculus hardware implemented by the Oculus system software; (d) any Oculus hardware or software security features; (e) any end user's settings; and (f) the Oculus Flash Screen Warnings or Health and Safety Warnings;
1.2.6 use the SDK or your Application in a manner that violates: (a) the Oculus Data Use Policy (where applicable); (b) the Oculus Content Guidelines, or other applicable terms and policies made available on our Developer Policy portal; (c) any rights of Oculus or third parties; (d) applicable laws (such as laws regarding import, export, privacy, health & safety); or (e) other terms of service with Oculus or its affiliates;
1.2.7 remove, obscure, or alter any Oculus Terms or any links to or notices of those Terms; or
1.2.8 use or redistribute the SDK or any portion thereof in any manner that would cause the SDK (or any portion thereof) or Oculus to become subject to the terms of any open source license or other restrictions.
1.3 Distribution and Sublicense Restrictions. The redistribution and sublicense rights under this Section are further subject to the following restrictions: (1) redistribution of sample source code or other materials must include the following copyright notice: “Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved;” and (2) If the sample source code or other materials include a "License" or "Notice" text file, you must provide a copy of the License or Notice file with the sample code.
1.4 Privacy and Security.
1.4.1 You are responsible for the data of your Application and agree to comply with all applicable privacy and data protection laws, as well as our applicable terms and policies, particularly the Oculus Developer Data Use Policy. You represent and warrant that you have provided robust and sufficiently prominent notice to users regarding data processing that includes, at a minimum, that third parties, including Oculus and its affiliates, may collect or receive information from your Application.
1.4.2 For purposes of the GDPR, you acknowledge and agree that you are a separate and independent controller of the Developer User Data (as defined in the Oculus Developer Data Use Policy) and Facebook Ireland Limited (an affiliate of Oculus) is a separate and independent controller for any processing of personal data, except as provided in Section 1.4.3, including the Oculus User Data (as defined in the Oculus Developer Data Use Policy). The parties do not and will not process Developer User Data nor Oculus User Data as joint controllers. Each party shall comply with the obligations that apply to it as a controller under the GDPR, and each party shall be individually and separately responsible for its own compliance.
1.4.3 1.4.3. Notwithstanding the foregoing, where the Developer User Data contain personal data which you process subject to the GDPR, you acknowledge and agree that to the extent that we process such data on your behalf as a processor, such as for purposes of providing/operating some APIs (for example, Spatial Audio VoIP API) as described in the Data Processing Terms, you have instructed Facebook Ireland Limited to process such personal data pursuant to this Agreement and the Data Processing Terms, which are incorporated herein by reference.
1.4.4 “Personal data,” “controller,” “processor,” and “process” in this Section have the meanings set out in the Data Processing Terms.
1.5 You have no obligations under this Agreement to license or make available your Application to Oculus, its affiliates, or any third parties. Nothing in this Agreement obligates Oculus or its affiliates to enable you or any of your Applications to access, interact with, or retrieve or publish content to any Oculus platform or service. However, Oculus and/or its affiliates may require you to agree to additional terms as a condition of providing you with such platform services in connection with your use of the SDK. You acknowledge and agree that Oculus and its affiliates may develop products or services that may compete with your Application or any other products or services of yours.
2. Oculus Platform Services
Oculus and/or its affiliates makes certain Platform Services (defined below) available to you to include and enable in your Application on our Platform. An Application that enables or includes any Platform Service must implement the Oculus Platform Framework with the Application. Once your Application has been authorized for use of the Platform Services, you are not required to update your Application to include new Platform Services that Oculus and/or its affiliates may make available as part of the Oculus Platform Framework. For more information, please visit https://developer.oculus.com.
2.1 For the purpose of this Section,
2.1.1 “Application Services” means services provided by Oculus and/or its affiliates associated with the Platform, including, but not limited to, in-app purchasing, multiplayer matchmaking, friends, leader boards, achievements, Virtual Reality Real Time Systems (“VERTS”), voice over IP and cloud saves, which list may be changed from time to time in Oculus' or its affiliates’ sole discretion.
2.1.2 "Oculus Platform Framework" means the suite of Oculus platform services, including, but not limited to, the Oculus file distribution and update system (enabling distribution and updates of Applications by Oculus and/or its affiliates, including through generated activation Keys), entitlement system, and account authentication, which list may be changed from time to time in Oculus' or its affiliates’ sole discretion.
2.1.3 "Platform" means the virtual, mixed, and augmented reality platform made available by Oculus and/or its affiliates, including, but not limited to, the user experience, user interface, store, and social features, usable on hardware approved by Oculus or its affiliates or any third-party device or operating system, including, but not limited to, iOS, Android, Windows, OS X, Linux, and Windows Mobile.
2.1.4 "Platform Services" means the Oculus Platform Framework and the Application Services.
2.2 Key Provision and Redemption. If you request that Oculus generate activation keys for your Application on the Platform ("Keys") and Oculus agrees, you hereby grant Oculus and its affiliates (1) the right to generate Keys for you and (2) a license to make available, reproduce, distribute, perform, and display the Application to end users who have submitted a Key to Oculus or its affiliates. Oculus agrees to authenticate and make the Application available to any end user supplying a valid Key (or have its affiliates do so) (unless the Application has been removed or withdrawn).
2.3 Platform Services Requirements. You will not make any use of any API, software, code or other item or information supplied by Oculus or its affiliates in connection with the Platform Services other than to enhance the functionality of your Application. In particular, you must not (nor enable others to): (1) defame, abuse, harass, stalk, or threaten others, or to promote or facilitate any prohibited or illegal activities; (2) enable any functionality in your Application that would generate excessive traffic over the Oculus network or servers that would negatively impact other users' experience, or otherwise interfere with or restrict the operation of the Platform Services, or Oculus' or its affiliates’ servers or networks providing the Platform Services; (3) remove, obscure, or alter any license terms, policies or terms of service or any links to or notices thereto provided by Oculus or its affiliates; or (4) violate any rights of Oculus, its affiliates, or any third parties. You may not sublicense any software, firmware or other item or information supplied by Oculus or its affiliates in connection with the Platform Services for use by a third party, unless expressly authorized by Oculus or its affiliates to do so. You agree not to use (or encourage the use of) the Platform Services for mission critical, life saving or ultra-hazardous activities. Oculus or its affiliates may suspend operation of or remove any Application that does not comply with the restrictions in this Agreement.
2.4 Changes to Platform or Platform Services. Oculus and/or its affiliates may change the Platform or the functionality of the Platform Services at any time, including discontinuing some of the functionality of the Platform Services, and your continued use of the Platform or Platform Services or use of any modified or additional Platform Services is conditioned upon your adherence to the terms of this Agreement, as modified by Oculus or its affiliates from time to time.
3. Intellectual Property
3.1 Ownership. As between you and Oculus, Oculus and/or its affiliates or licensors own all rights, title, and interest, including all Intellectual Property Rights, in and to the SDK (including associated Oculus content and sample code) and all derivatives thereof. Oculus reserves all rights not expressly granted under the License. As between you and Oculus, you and/or your licensors own all rights, title, and interest in and to your Application, (excluding our SDK), including all Intellectual Property Rights. “Intellectual Property Rights” means any and all worldwide rights under applicable laws of patent, copyright, trade secret, trademark, rights of publicity and privacy, and other proprietary rights.
3.2 Third-Party Materials. Our SDK may include third-party software offered under an open source license or third-party content subject to a separate third-party agreement. To the extent any of such third-party terms conflicts with this Agreement, such third-party terms will control solely with respect to such third-party software or content.
3.3 Feedback. If you provide comments, suggestions, recommendations, or other feedback about our SDK or any other Oculus or affiliate product or service, we (and our affiliates and those we allow) may use such information for any purposes without obligation to you.
3.4 Brand Attribution. This Agreement does not grant you or any third party permission to use our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “Brand Features”) except as required for reasonable and customary use in describing the origin of the SDK or reproduction of the copyright notice as required under the License grant. You will not use our SDK or make any statement regarding the SDK or your Application which suggests partnership with, sponsorship by, or endorsement by Oculus or its employee, contractor, contributor, licensor, affiliate, or partner without our prior written permission.
4. Confidentiality
4.1 Confidentiality. Our communications to you and our SDK may contain Oculus confidential information, which includes information that is marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, you will not disclose it to any third party without Oculus' prior written consent. Oculus confidential information does not include information that you independently developed, that was rightfully given to you by a third party without a confidentiality obligation with regard to such information, or that becomes public through no fault of your own. You may disclose Oculus confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court order prohibits such notice.
5. Termination
5.1 Termination. The term of this Agreement will begin on the date on which you click accept, download, or use the SDK or any of its components and will continue until terminated as set forth in this Agreement. Oculus reserves the right to terminate this Agreement with you, or to discontinue or suspend the SDK or any portion or feature or your access thereto in the event you breach any material provisions of this Agreement or the Terms, without liability or other obligation to you.
5.2. Discontinuation of SDK. Oculus reserves the right to discontinue the SDK at any time, in our sole discretion, without notice to you, and without liability or other obligation to you. This Agreement will terminate automatically and without notice to you in the event that the SDK is discontinued.
5.3 Effect of Termination. Upon termination of this Agreement, you will immediately stop using, distributing, or otherwise making available the SDK and all Applications that incorporate the SDK or any of its components, cease all use of the Oculus Brand Features, and destroy or return any cached or stored content, software, or other materials obtained through our SDK.
5.4 Surviving Provisions. When the Agreement comes to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including, but not limited to, Section 3 (Intellectual Property), Section 4 (Confidentiality), Section 5 (Termination), Section 6 (Liability) and Section 7 (General Provisions).
6. Liability
6.1 Indemnification. Unless prohibited by applicable law, you will indemnify and (at Oculus’s option), defend Oculus, its affiliates, subsidiaries, agents, licensors, contributors, directors, officers, employees, suppliers, and distributors (collectively, “Oculus Parties”) against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from: (1) your use of the SDK, or any negligence or misconduct by you, or your employees, agents, vendors, or contractors (collectively “Developer Parties”); (2) any Developer Parties’ violation of the Agreement, Terms, or any applicable law and regulation; (3) any of your Application; or (4) End User Data (defined in SDK Data Use Policy).
6.2 WARRANTIES. EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, THE SDK IS PROVIDED “AS IS” WITHOUT ANY SPECIFIC PROMISES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SDK, THE SPECIFIC FUNCTIONS OF THE SDK OR OUR PLATFORM SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE OCULUS PARTIES HEREBY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.
6.3 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OCULUS PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, BUSINESS OR GOODWILL, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING AS A RESULT OF THIS AGREEMENT, USE OF THE SDK OR ANY MODIFIED SAMPLE CODE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOUR REMEDIES UNDER THIS AGREEMENT ARE LIMITED SOLELY TO THE RIGHT TO COLLECT MONEY DAMAGES, IF ANY, AND YOU HEREBY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” TO THE EXTENT PERMITTED BY LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF OCULUS PARTIES, FOR ANY CLAIM UNDER THE AGREEMENT SHALL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN ALL CASES, OCULUS PARTIES WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
7. General Provisions
7.1 Updates. We may need to update the Agreement from time to time, including to accurately reflect the access or uses of our SDK, and so we encourage you to check the Agreement regularly. By continuing to access or use our SDK after any notice of an update to this Agreement, you agree to be bound by them. Any updates to the Disputes section of this Agreement will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our SDK. You cannot sidestep your compliance obligations under an updated version of the Agreement by developing against an older release of the SDK or relying on the older Agreement and all updates to your application are subject to the modified Agreement.
7.2 Authorization. You hereby grant Oculus and its contractors and affiliates the authorization reasonably necessary for Oculus to exercise its rights and perform its obligations under this Agreement, including a limited, royalty-free, non-exclusive license to use, perform, and display the Application you provide to Oculus for testing, evaluation, and approval purposes.
7.3 General Provisions. You and Oculus are independent contractors with regard to each other. The Agreement does not create any third-party beneficiary rights or any agency, partnership, employment, or joint venture. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Agreement, and Oculus does not take action right away or does not enforce any provision of the Agreement, this inaction or lack of enforcement will not act as a waiver by Oculus of any rights that it may have (such as taking action in the future) or in any way affect the validity of this Agreement or parts thereof. If a particular provision of this Agreement is deemed unenforceable, it will be deemed modified to the minimum extent necessary to render it enforceable and most nearly reflect the intent of the original provision, and all other provisions in this Agreement shall remain in full force and effect. You may not assign or delegate this Agreement or any obligations under this Agreement without our advance written consent. Any such prohibited attempted assignment will be void. Oculus may assign or delegate this Agreement and any of its rights or obligations under the Agreement without your consent or notice to you. This Agreement shall bind the parties and their respective heirs, successors, and permitted assigns. The Agreement is the entire agreement between you and Oculus relating to its subject and supersede any prior or contemporaneous agreements on that subject.
7.4 Dispute Resolution.
7.4.1 If you reside outside the US or your business is located outside the US: You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the SDK must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern this Agreement and any such claim, without regard to conflict of law provisions.
7.4.2 If you reside in the US or your business is located in the US: You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the SDK for business or commercial purposes (“commercial claim”). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the brand guidelines, violations of your or our confidential information or trade secrets, or efforts to interfere with our products or engage with our products in unauthorized ways (for example, automated ways).
7.4.3 We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph.
7.4.4 The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions.
7.4.5 If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing.
7.4.6 The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your commercial claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
7.4.7 If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of this Agreement containing an arbitration provision. Your notice to us under this subsection must be submitted to the address here: Facebook Technologies, LLC, 1 Hacker Way, Menlo Park, California 94025
7.4.8 All commercial claims between us, whether subject to arbitration or not, will be governed by California law, excluding California’s conflict of laws rules, except to the extent that California law is contrary to or preempted by federal law.
7.4.9 If a commercial claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
7.4.10 If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect.
Oculus Software Development Kit License Agreement
Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.
The Oculus SDK License Agreement became effective on June 1, 2020, and governs your use of all Oculus SDKs. The agreement below is no longer in effect.
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The text of this may be found at: https://developer.oculus.com/licenses/sdk-3.5/
In order to obtain and use the Oculus Software Development Kit for mobile or for PC, You must first agree to the terms of this License. If you agree to the terms of this License, you may use the Oculus Software Development Kit. If you do not agree to the terms of this License, then you may not use the Oculus Software Development Kit.
OCULUS SDK LICENSE
1. Subject to the terms and conditions of this License Agreement (the "License"), Facebook Technologies, LLC formerly known as Oculus VR, LLC ("Oculus") hereby grants to you a worldwide, non-exclusive, no-charge, royalty-free, sublicenseable copyright license to use, reproduce and redistribute (subject to restrictions below) the software contained in this Oculus Software Development Kit for PC and/or mobile ("Oculus SDK"), including, but not limited to, the samples, headers, LibOVR and VRLib headers, LibOVR and VRLib source and, subject to your compliance with Section 3, the headers, libraries and APIs to enable the Platform Services. This License is subject to the following terms and conditions:
1.1 This license grants you the non-exclusive license and right to use (i) the Oculus SDK to make engines, tools, applications, content, games and demos (collectively and generally referred to as "Developer Content") for use on the Oculus approved hardware and software products ("Oculus Approved Products") and which may incorporate the Oculus SDK in whole or in part in binary or object code; and (ii) the headers, libraries, APIs and other tools made available by Oculus to enable the use of Platform Services with your Developer Content.
1.2 For the sake of clarification, when you use the Oculus SDK in or with Developer Content, you retain all rights to your Developer Content, and you have no obligations to share or license Developer Content (including your source and object code) to Oculus or any third parties; provided, however, Oculus retains all rights to the Oculus SDK and the headers, libraries and APIs to the Platform Services and other tools made available by Oculus, including those that may be incorporated into your Developer Content.
1.3 You agree that as a condition of this License you will design and distribute your Developer Content to ensure that your Developer Content and any software required to use your Developer Content does not, and you will not, alter or interfere with the normal operation, behavior or functionality of the Oculus hardware or software or Oculus Approved Products, including: (i) the behavior of the "Oculus button" and "XBox button" implemented by the Oculus system software; (ii) any on-screen messages or information; (iii) the behavior of the proximity sensor in the Oculus hardware implemented by the Oculus system software; (iv) Oculus hardware or software security features; (v) end user's settings; or (vi) the Oculus Flash Screen Warnings. You also agree not to commit any act intended to interfere with the normal operation of the Oculus hardware or software or Oculus Approved Products, or provide software to Oculus users or developers that would induce breach of any Oculus agreements or that contains malware, viruses, hacks, bots, Trojan horses, or other malicious code.
1.4 You may not use the Oculus SDK for any purpose not expressly permitted by this License. You may not (except as and only to the extent any following restriction is prohibited by applicable law): (a) decompile; (b) reverse engineer; (c) disassemble; (d) attempt to derive the source code of the Oculus SDK or any part of the Oculus SDK, or any other software or firmware provided to you by Oculus.
REDISTRIBUTION
2. Subject to the terms and conditions of this License, your license to redistribute and sublicense the Oculus SDK is also expressly made subject to the following conditions:
2.1 You may sublicense and redistribute the source, binary, or object code of the Oculus SDK in whole for no charge or as part of a for-charge piece of Developer Content; provided, however, you may only license, sublicense or redistribute the source, binary or object code of the Oculus SDK in its entirety. The Oculus SDK (including, but not limited to LibOVR and VRLib), and any Developer Content that includes any portion of the Oculus SDK, may only be used with Oculus Approved Products and may not be used, licensed, or sublicensed to interface with software or hardware or other commercial headsets, mobile tablets or phones that are not authorized and approved by Oculus;
2.2 You must include with all such redistributed or sublicensed Oculus SDK code the following copyright notice: “Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.”
2.3 You must give any other recipients of the Oculus SDK a copy of this License as such recipients, licensees or sublicensees may only use the Oculus SDK subject to the terms of this License and such recipient's, licensee's or sublicensee's agreement to and acceptance of this License with Oculus; and
2.4 The Oculus SDK includes a "LICENSE" text file (the "License Notice"), and any Oculus SDK distribution that you distribute must include a copy of this License with the License Notice.
OCULUS PLATFORM SERVICES
3. Oculus makes the headers, libraries and APIs, software, and other tools made available by Oculus to enable Platform Services in connection with your Developer Content. You agree not to use any API, code or other tools, instruction or service provided by Oculus to enable or use a Platform Service other than in compliance with these terms. For more information go to https://developer.oculus.com.
"Oculus Platform Framework" means the suite of Oculus platform services, including but not limited to the Oculus file distribution and update system (enabling distribution and updates of Developer Content by Oculus, including through generated activation Keys), entitlement system, and account authentication, which list may be changed from time to time in Oculus' sole discretion.
"Application Services" means services provided by Oculus associated with the Platform, including but not limited to in-app purchasing, multiplayer matchmaking, friends, leader boards, achievements, rooms, voice over IP and cloud saves, which list may be changed from time to time in Oculus' sole discretion.
"Platform" means the Oculus virtual reality platform, including but not limited to the user experience, user interface, store, and social features, usable on Oculus approved hardware or any third-party device or operating system, including but not limited to iOS, Android, Windows, OS X, Linux, and Windows Mobile.
"Platform Services" means the Oculus Platform Framework and the Application Services.
3.1 Oculus Platform Services. Oculus makes certain Platform Services available to you to include and enable in your Developer Content. Developer Content that enables or includes any Platform Service must implement the Oculus Platform Framework with that Developer Content. Once your Developer Content has been authorized for use of the Platform Services, you are not required to update your Developer Content to include new Platform Services Oculus may make available as part of the Oculus Platform Framework.
3.2 Limited Authorization. You hereby grant Oculus the limited authorization reasonably necessary for Oculus's exercise of its rights and performance of its obligations under this Section 3. You agree that Oculus may use its contractors and affiliates for the purposes of exercising its rights and licenses set forth in this Section 3.
3.3. Internal Use. You agree that Oculus may grant its employees and internal contractors the right to use, perform and display the Developer Content you provide to Oculus for testing, evaluation and approval purposes, which shall be on a royalty-free basis.
3.4 Key Provision and Redemption. If you request that Oculus generate activation keys for your Developer Content on the Platform ("Keys") and Oculus agrees, you hereby grant Oculus (i) the right to generate Keys for you and (ii) a license to make available, reproduce, distribute, perform, and display the Developer Content to end users who have submitted a Key to Oculus. Oculus agrees to authenticate and make Developer Content available to any end user supplying a valid Key (unless the Developer Content has been removed or withdrawn).
3.5 Platform Services Requirements. You will not make any use of any API, software, code or other item or information supplied by Oculus in connection with the Platform Services other than to enhance the functionality of your Developer Content. In particular, you must not (nor enable others to): (i) defame, abuse, harass, stalk, or threaten others, or to promote or facilitate any prohibited or illegal activities; (ii) enable any functionality in your Developer Content that would generate excessive traffic over the Oculus network or servers that would negatively impact other users' experience, or otherwise interfere with or restrict the operation of the Platform Services, or Oculus's servers or networks providing the Platform Services; or (iii) remove, obscure, or alter any Oculus license terms, policies or terms of service or any links to or notices thereto. You may not sublicense any software, firmware or other item or information supplied by Oculus in connection with the Platform Service for use by a third party, unless expressly authorized by Oculus to do so. You agree not to use (or encourage the use of) the Platform Services for mission critical, life saving or ultra-hazardous activities. Oculus may suspend operation of or remove any Developer Content that does not comply with the restrictions in this License.
You will not use the Oculus Avatar associated with the Oculus ID of any end user in your Developer Content without the express permission of that end user unless, (i) that end user is actively engaged with your Developer Content or (ii) that end user remains part of an active session of your Developer Content with whom other end users are interacting, whether or not that end user is then online.
GENERAL PROVISIONS
4. Additional Materials
4.1 Oculus may include in this Oculus SDK additional content (e.g., samples) for demonstration, references or other specific purposes. Such content will be clearly marked in the Oculus SDK and is subject to any included terms and conditions.
4.2 Your use of third-party materials included in the Oculus SDK may be subject to other terms and conditions typically found in separate third-party license agreements or "READ ME" files included with such third-party materials. To the extent such other terms and conditions conflict with the terms and conditions of this License, the former will control with respect to the applicable third-party materials.
5. THE OCULUS SDK AND ANY COMPONENT THEREOF, THE OCULUS HEADERS, LIBRARIES AND APIS, AND THE PLATFORM SERVICES FROM OCULUS AND ITS CONTRIBUTORS ARE PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OCULUS AS THE COPYRIGHT OWNER OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OCULUS SDK, THE OCULUS HEADERS, LIBRARIES AND APIS OR THE PLATFORM SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.
6. This License does not grant permission to use the trade names, trademarks, service marks, or product names of Oculus, except as required for reasonable and customary use in describing the origin of the Oculus SDK, and reproducing the content of the License Notice file. Oculus reserves all rights not expressly granted to you under this License. Neither the name of Facebook Technologies, LLC, Oculus VR, LLC, Oculus, nor the names of Oculus’s contributors, licensors, employees, or contractors, may be used to endorse or promote products developed using the Oculus SDK without specific prior written permission of Oculus.
7. You are responsible for ensuring that your use of the Oculus SDK and your Developer Content, including enabled Platform Services, complies with all applicable laws (including privacy laws) wherever your Developer Content is made available. You acknowledge and agree that you are solely responsible for any health and safety issues arising from your Developer Content. You will not collect end users' content or information, or otherwise access any Oculus site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Oculus' prior permission.
8. Your acceptance of the terms and conditions of this License in and of itself and for all Developer Content created as of March 28, 2016, may be evidenced by any of the following: your usage of the Oculus SDK, or acceptance of the license agreement. As this License is updated for future releases of the Oculus SDK, you agree to abide by and meet all requirements of future updates of this License for those future Oculus SDK releases, with acceptance evidenced by usage of the Oculus SDK or any element thereof and the future updates of this License will apply for that future Developer Content that may be developed for or with that future Oculus SDK or any element thereof (i.e., you cannot sidestep out of the requirements of future updates of the License by developing against an older release of the Oculus SDK or License).
9. Oculus reserves the right to terminate this License and all your rights hereunder immediately in the event you materially breach this License.
10. Furthermore, Oculus also reserves the right to cancel or terminate this License for any of the following reasons:
Intellectual property infringement by you with Developer Content created by you that is used with or by the Oculus SDK, or any of the Platform Services;
Developer Content (including enabling Platform Services) that violates applicable law;
Health and safety issues associated with your Developer Content;
Failure to comply with or use properly the Oculus Flash Screen Warnings;
Use of the Oculus SDK with a commercial product other than an Oculus Approved Product;
Failure to provide required notices as set forth above; and
Failure to observe the restrictions in Section 3.5.
11. You agree to fully indemnify Oculus from any and all losses, costs, damages and expenses (including reasonable attorney's fees) arising out of your Developer Content or any matter set forth in Sections 6, 7 and 10(a) through (g).
12. Oculus may discontinue or change functionality of the Platform Services at any time, and your continued use of the Platform Services or use of any modified or additional Platform Services is conditioned upon your adherence to the terms of this License, as modified by Oculus from time to time.
13. In the event any provision of this License is determined to be invalid, prohibited or unenforceable by a court or other body of competent jurisdiction, this License shall be construed as if such invalid, prohibited or unenforceable provision has been more narrowly drawn so as not to be invalid, prohibited or unenforceable.
14. You may not assign any rights or obligations under this License without the advance written consent of Oculus, which may be withheld in its sole discretion. Oculus may assign its rights or obligations under this License in its sole discretion.
15. Failure of either party at any time to enforce any of the provisions of this License will not be construed as a waiver of such provisions or in any way affect the validity of this License or parts thereof.
16. Your remedies under this License shall be limited to the right to collect money damages, if any, and you hereby waive your right to injunctive or other equitable relief.
17. You will comply, and will not cause Oculus to not comply (by for example, providing Developer Content to Oculus under this Agreement for which required export clearances have not been obtained), with all applicable export control laws of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations. You agree that this License and the Oculus SDK and accompanying documentation are Oculus's confidential information (and is not publicly available), and you will not use it, disclose it or make it available to others except in accordance with the terms of this License.
18. This License shall be governed by the laws of the State of California, without giving effect to conflict of laws provisions or principles thereof. The parties agree that, except as provided below, all disputes relating to this License shall be resolved by binding non-appearance-based arbitration before a single neutral arbitrator in San Francisco, California. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen (15) years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If You and Oculus cannot agree on a mutually acceptable arbitrator within thirty (30) days after the arbitration is initiated, then JAMS will pick a neutral arbitrator who meets such qualifications. The arbitration shall be conducted in accordance with the rules and procedures of JAMS then in effect, and the judgment of the arbitrator shall be final and capable of entry in any court of competent jurisdiction. The parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. You and Oculus agree the following may be submitted to a court of competent jurisdiction located within San Francisco, California and further agree to submit to the personal jurisdiction of the courts located within San Francisco, California in connection with (a) any entrance of an arbitrator's judgment or decision, (b) any dispute with respect to the arbitration process or procedure, (c) Oculus’ exercise of any of its equitable rights or remedies or (d) any claims regarding the ownership, validity, enforceability and/or infringement of any intellectual property rights.
Effective date: 6/1/2020
Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved.
This Oculus SDK License Agreement (“Agreement”) is a legal agreement between you and Oculus governing your use of our Oculus Software Development Kit. Oculus Software Development Kit means any SDK, application programming interfaces (“APIs”), tools, plugins, code, technology, specification, documentation, Platform Services, and/or content made available by us to others, including app developers and content providers (collectively, the “SDK”).
By downloading or using our SDK, you are agreeing to this Agreement along with other applicable terms and conditions such as the additional terms or documents accompanying the SDK, the Oculus Terms of Service, and our Privacy Policy (collectively, “Terms”). If you use the SDK as an interface to, or in conjunction with other Oculus products or services, then the terms for those other products or services also apply.
Here, "Oculus" means Facebook Technologies, LLC, formerly known as Oculus VR, LLC, a Delaware limited liability company with its principal place of business at 1 Hacker Way, Menlo Park, California 94025, United States unless set forth otherwise. We may refer to "Oculus" as "we", "our", or "us" in the Agreement.
You may not use the SDK and may not accept the Agreement if (1) you are a person with whom Oculus is prohibited from transacting business under applicable law, or (2) you are a person barred from using or receiving the SDK by Oculus or under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the SDK. If you are using the SDK on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Agreement and by accepting the Agreement, you are doing so on behalf of that entity (and all references to "you" in the Agreement refer to that entity).
This Agreement requires the resolution of most disputes between you and Oculus by binding arbitration on an individual basis; class actions and jury trials are not permitted.
1. License Grant
1.1 License. Subject to the Terms and the restrictions in this Section, Oculus hereby grants you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable copyright license (“License”) during the term of this Agreement to use and reproduce the SDK solely to develop, test, or distribute your Application (defined below) and to enable you and/or your end users access to Oculus features through your Application. You may only use the SDK to develop Applications in connection with Oculus approved hardware and software products (“Oculus Approved Products”) unless the documentation accompanying the SDK expressly authorizes broader use such as with other third-party platforms.
1.1.1 If the SDK includes any libraries, sample source code, or other materials that we make available specifically for incorporation in your Application (as indicated by applicable documentation), you may incorporate those materials and reproduce and distribute them as part of your Application, including by distributing those materials to third parties contributing to your Application.
1.1.2 The SDK may include other content (e.g., sample code) that is for demonstration, reference, or other purposes and is subject to terms and conditions included with such materials. Such materials will be clearly marked in the applicable documentation. Absent such additional terms and conditions, you may modify, distribute, and sublicense any sample source made available as part of the SDK pursuant to the Terms.
1.1.3 The SDK may include Oculus content that is subject to your additional right to display the content to your end users through the use of the corresponding SDK, as contemplated by the documentation accompanying such SDK. For example, the SDK may include avatars that you may display to your end users.
1.2 General Restrictions. The License grant in this Section is solely for the purpose of developing, testing, and promoting your engines, tools, applications, content, games and demos, or other products and features (collectively, “Application”) and providing you and/or your end users access to Oculus services and features through your Application as contemplated by applicable documentation accompanying the SDK. You may not (or allow those acting on your behalf to):
1.2.1 modify or create derivative works from any SDK or its component (other than sample source code described in this Section or expressly authorized by the documents accompanying the SDK);
1.2.2 misrepresent or mask either your identity or your Application's identity when using the SDK or developer accounts;
1.2.3 attempt to circumvent any limitations documented with the SDK (e.g., limiting the number of requests you may make or end users you may serve);
1.2.4 reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code from the SDK, except to the extent that applicable law expressly permits despite this limitation;
1.2.5 alter, restrict, or interfere with the normal operation or functionality of the SDK, the Oculus hardware or software, or Oculus Approved Products, including, but not limited to: (a) the behavior of the “Oculus button” and “XBox button” implemented by the Oculus system software; (b) any on-screen messages or information; (c) the behavior of the proximity sensor in the Oculus hardware implemented by the Oculus system software; (d) any Oculus hardware or software security features; (e) any end user's settings; and (f) the Oculus Flash Screen Warnings or Health and Safety Warnings;
1.2.6 use the SDK or your Application in a manner that violates: (a) the Oculus Data Use Policy (where applicable); (b) the Oculus Content Guidelines, or other applicable terms and policies made available on our Developer Policy portal; (c) any rights of Oculus or third parties; (d) applicable laws (such as laws regarding import, export, privacy, health & safety); or (e) other terms of service with Oculus or its affiliates;
1.2.7 remove, obscure, or alter any Oculus Terms or any links to or notices of those Terms; or
1.2.8 use or redistribute the SDK or any portion thereof in any manner that would cause the SDK (or any portion thereof) or Oculus to become subject to the terms of any open source license or other restrictions.
1.3 Distribution and Sublicense Restrictions. The redistribution and sublicense rights under this Section are further subject to the following restrictions: (1) redistribution of sample source code or other materials must include the following copyright notice: “Copyright © Facebook Technologies, LLC and its affiliates. All rights reserved;” and (2) If the sample source code or other materials include a "License" or "Notice" text file, you must provide a copy of the License or Notice file with the sample code.
1.4 Privacy and Security.
1.4.1 You are responsible for the data of your Application and agree to comply with all applicable privacy and data protection laws, as well as our applicable terms and policies, particularly the Oculus Developer Data Use Policy. You represent and warrant that you have provided robust and sufficiently prominent notice to users regarding data processing that includes, at a minimum, that third parties, including Oculus and its affiliates, may collect or receive information from your Application.
1.4.2 For purposes of the GDPR, you acknowledge and agree that you are a separate and independent controller of the Developer User Data (as defined in the Oculus Developer Data Use Policy) and Facebook Technologies Ireland Limited (an affiliate of Oculus) is a separate and independent controller of the Oculus User Data (as defined in the Oculus Developer Data Use Policy). The parties do not and will not process Developer User Data nor Oculus User Data as joint controllers. Each party shall comply with the obligations that apply to it as a controller under the GDPR, and each party shall be individually and separately responsible for its own compliance.
1.4.3 Notwithstanding the foregoing, to the extent the Developer User Data contain personal data which you process subject to the GDPR, you acknowledge and agree that only for purposes of providing/operating some APIs (for example, Spatial Audio VoIP API) as described in the Data Processing Terms, you have instructed Facebook Technologies Ireland Limited to process such personal data on your behalf as your processor pursuant to this Agreement and the Data Processing Terms, which are incorporated herein by reference.
1.4.4 “Personal data,” “controller,” “processor,” and “process” in this Section have the meanings set out in the Data Processing Terms.
1.5 No Obligations. You have no obligations under this Agreement to license or make available your Application to Oculus or any third parties. Nothing in this Agreement obligates Oculus to enable you or any of your Applications to access, interact with, or retrieve or publish content to any Oculus platform or service. However, Oculus may require you to agree to additional terms as a condition of providing you with such platform services in connection with your use of the SDK. You acknowledge and agree that Oculus may develop products or services that may compete with your Application or any other products or services of yours.
2. Oculus Platform Services
Oculus and/or its affiliates makes certain Platform Services (defined below) available to you to include and enable in your Application on our Platform. An Application that enables or includes any Platform Service must implement the Oculus Platform Framework with the Application. Once your Application has been authorized for use of the Platform Services, you are not required to update your Application to include new Platform Services that Oculus and/or its affiliates may make available as part of the Oculus Platform Framework. For more information, please visit https://developer.oculus.com.
2.1 For the purpose of this Section,
2.1.1 “Application Services” means services provided by Oculus and/or its affiliates associated with the Platform, including, but not limited to, in-app purchasing, multiplayer matchmaking, friends, leader boards, achievements, Virtual Reality Real Time Systems (“VERTS”), voice over IP and cloud saves, which list may be changed from time to time in Oculus' or its affiliates’ sole discretion.
2.1.2 "Oculus Platform Framework" means the suite of Oculus platform services, including, but not limited to, the Oculus file distribution and update system (enabling distribution and updates of Applications by Oculus and/or its affiliates, including through generated activation Keys), entitlement system, and account authentication, which list may be changed from time to time in Oculus' or its affiliates’ sole discretion.
2.1.3 "Platform" means the virtual, mixed, and augmented reality platform made available by Oculus and/or its affiliates, including, but not limited to, the user experience, user interface, store, and social features, usable on hardware approved by Oculus or its affiliates or any third-party device or operating system, including, but not limited to, iOS, Android, Windows, OS X, Linux, and Windows Mobile.
2.1.4 "Platform Services" means the Oculus Platform Framework and the Application Services.
2.2 Key Provision and Redemption. If you request that Oculus generate activation keys for your Application on the Platform ("Keys") and Oculus agrees, you hereby grant Oculus and its affiliates (1) the right to generate Keys for you and (2) a license to make available, reproduce, distribute, perform, and display the Application to end users who have submitted a Key to Oculus or its affiliates. Oculus agrees to authenticate and make the Application available to any end user supplying a valid Key (or have its affiliates do so) (unless the Application has been removed or withdrawn).
2.3 Platform Services Requirements. You will not make any use of any API, software, code or other item or information supplied by Oculus or its affiliates in connection with the Platform Services other than to enhance the functionality of your Application. In particular, you must not (nor enable others to): (1) defame, abuse, harass, stalk, or threaten others, or to promote or facilitate any prohibited or illegal activities; (2) enable any functionality in your Application that would generate excessive traffic over the Oculus network or servers that would negatively impact other users' experience, or otherwise interfere with or restrict the operation of the Platform Services, or Oculus' or its affiliates’ servers or networks providing the Platform Services; (3) remove, obscure, or alter any license terms, policies or terms of service or any links to or notices thereto provided by Oculus or its affiliates; or (4) violate any rights of Oculus, its affiliates, or any third parties. You may not sublicense any software, firmware or other item or information supplied by Oculus or its affiliates in connection with the Platform Services for use by a third party, unless expressly authorized by Oculus or its affiliates to do so. You agree not to use (or encourage the use of) the Platform Services for mission critical, life saving or ultra-hazardous activities. Oculus or its affiliates may suspend operation of or remove any Application that does not comply with the restrictions in this Agreement.
2.4 Oculus and/or its affiliates may discontinue or change functionality of the Platform Services at any time, and your continued use of the Platform Services or use of any modified or additional Platform Services is conditioned upon your adherence to the terms of this Agreement, as modified by Oculus or its affiliates from time to time.
3. Intellectual Property
3.1 Ownership. As between you and Oculus, Oculus and/or its affiliates or licensors own all rights, title, and interest, including all Intellectual Property Rights, in and to the SDK (including associated Oculus content and sample code) and all derivatives thereof. Oculus reserves all rights not expressly granted under the License. As between you and Oculus, you and/or your licensors own all rights, title, and interest in and to your Application, (excluding our SDK), including all Intellectual Property Rights. “Intellectual Property Rights” means any and all worldwide rights under applicable laws of patent, copyright, trade secret, trademark, rights of publicity and privacy, and other proprietary rights.
3.2 Third-Party Materials. Our SDK may include third-party software offered under an open source license or third-party content subject to a separate third-party agreement. To the extent any of such third-party terms conflicts with this Agreement, such third-party terms will control solely with respect to such third-party software or content.
3.3 Feedback. If you provide comments, suggestions, recommendations, or other feedback about our SDK or any other Oculus or affiliate product or service, we (and our affiliates and those we allow) may use such information for any purposes without obligation to you.
3.4 Brand Attribution. This Agreement does not grant you or any third party permission to use our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “Brand Features”) except as required for reasonable and customary use in describing the origin of the SDK or reproduction of the copyright notice as required under the License grant. You will not make any statement regarding the SDK or your Application which suggests partnership with, sponsorship by, or endorsement by Oculus or its employee, contractor, contributor, licensor, affiliate, or partner without our prior written permission.
4. Confidentiality
4.1 Confidentiality. Our communications to you and our SDK may contain Oculus confidential information, which includes information that is marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, you will not disclose it to any third party without Oculus' prior written consent. Oculus confidential information does not include information that you independently developed, that was rightfully given to you by a third party without a confidentiality obligation with regard to such information, or that becomes public through no fault of your own. You may disclose Oculus confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court order prohibits such notice.
5. Termination
5.1 Termination. The term of this Agreement will begin on the date on which you click accept, download, or use the SDK or any of its components and will continue until terminated as set forth in this Agreement. Oculus reserves the right to terminate this Agreement with you, or to discontinue or suspend the SDK or any portion or feature or your access thereto for any reason or no reason and at any time without liability or other obligation to you. Without limiting the generality of the foregoing, Oculus reserves the right to terminate this Agreement, including the License, immediately in the event you breach any material provisions of this Agreement or the Terms.
5.2 Effect of Termination. Upon termination of this Agreement, you will immediately stop using, distributing, or otherwise making available the SDK and all Applications that incorporate the SDK or any of its components, cease all use of the Oculus Brand Features, and destroy or return any cached or stored content, software, or other materials obtained through our SDK.
5.3 Surviving Provisions. When the Agreement comes to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including, but not limited to, Section 3 (Intellectual Property), Section 4 (Confidentiality), Section 5 (Termination), Section 6 (Liability) and Section 7 (General Provisions).
6. Liability
6.1 Indemnification. Unless prohibited by applicable law, you will indemnify and (at Oculus’s option), defend Oculus, its affiliates, subsidiaries, agents, licensors, contributors, directors, officers, employees, suppliers, and distributors (collectively, “Oculus Parties”) against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from: (1) your use of the SDK, or any negligence or misconduct by you, or your employees, agents, vendors, or contractors (collectively “Developer Parties”); (2) any Developer Parties’ violation of the Agreement, Terms, or any applicable law and regulation; (3) any of your Application; or (4) End User Data (defined in SDK Data Use Policy).
6.2 WARRANTIES. EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, THE SDK IS PROVIDED “AS IS” WITHOUT ANY SPECIFIC PROMISES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SDK, THE SPECIFIC FUNCTIONS OF THE SDK OR OUR PLATFORM SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE OCULUS PARTIES HEREBY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.
6.3 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OCULUS PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, BUSINESS OR GOODWILL, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING AS A RESULT OF THIS AGREEMENT, USE OF THE SDK OR ANY MODIFIED SAMPLE CODE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOUR REMEDIES UNDER THIS AGREEMENT ARE LIMITED SOLELY TO THE RIGHT TO COLLECT MONEY DAMAGES, IF ANY, AND YOU HEREBY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” TO THE EXTENT PERMITTED BY LAW, THE CUMULATIVE, AGGREGATE LIABILITY OF OCULUS PARTIES, FOR ANY CLAIM UNDER THE AGREEMENT SHALL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN ALL CASES, OCULUS PARTIES WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
7. General Provisions
7.1 Updates. We may need to update the Agreement from time to time, including to accurately reflect the access or uses of our SDK, and so we encourage you to check the Agreement regularly. By continuing to access or use our SDK after any notice of an update to this Agreement, you agree to be bound by them. Any updates to the Disputes section of this Agreement will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our SDK. You cannot sidestep your compliance obligations under an updated version of the Agreement by developing against an older release of the SDK or relying on the older Agreement and all updates to your application are subject to the modified Agreement.
7.2 Authorization. You hereby grant Oculus and its contractors and affiliates the authorization reasonably necessary for Oculus to exercise its rights and perform its obligations under this Agreement, including a limited, royalty-free, non-exclusive license to use, perform, and display the Application you provide to Oculus for testing, evaluation, and approval purposes.
7.3 General Provisions. You and Oculus are independent contractors with regard to each other. The Agreement does not create any third-party beneficiary rights or any agency, partnership, employment, or joint venture. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Agreement, and Oculus does not take action right away or does not enforce any provision of the Agreement, this inaction or lack of enforcement will not act as a waiver by Oculus of any rights that it may have (such as taking action in the future) or in any way affect the validity of this Agreement or parts thereof. If a particular provision of this Agreement is deemed unenforceable, it will be deemed modified to the minimum extent necessary to render it enforceable and most nearly reflect the intent of the original provision, and all other provisions in this Agreement shall remain in full force and effect. You may not assign or delegate this Agreement or any obligations under this Agreement without our advance written consent. Any such prohibited attempted assignment will be void. Oculus may assign or delegate this Agreement and any of its rights or obligations under the Agreement without your consent or notice to you. This Agreement shall bind the parties and their respective heirs, successors, and permitted assigns. The Agreement is the entire agreement between you and Oculus relating to its subject and supersede any prior or contemporaneous agreements on that subject.
7.4 Dispute Resolution.
7.4.1 If you reside outside the US or your business is located outside the US: You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the SDK must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern this Agreement and any such claim, without regard to conflict of law provisions.
7.4.2 If you reside in the US or your business is located in the US: You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the SDK for business or commercial purposes (“commercial claim”). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the brand guidelines, violations of your or our confidential information or trade secrets, or efforts to interfere with our products or engage with our products in unauthorized ways (for example, automated ways).
7.4.3 We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph.
7.4.4 The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions.
7.4.5 If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing.
7.4.6 The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your commercial claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
7.4.7 If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of this Agreement containing an arbitration provision. Your notice to us under this subsection must be submitted to the address here: Facebook Technologies, LLC, 1 Hacker Way, Menlo Park, California 94025
7.4.8 All commercial claims between us, whether subject to arbitration or not, will be governed by California law, excluding California’s conflict of laws rules, except to the extent that California law is contrary to or preempted by federal law.
7.4.9 If a commercial claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
7.4.10 If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect.
Commercial Proprietary License (CPL)
If you do not wish to be bound by the terms of the GPL or NCUEL, you may purchase the Commercial Proprietary License (CPL) from Code Synthesis. Additional benefits of the CPL include:
Royalty-free runtime (no runtime licenses)
Application source code stays private
Legal assurances, warranties, and indemnification
Commercial-grade technical support
Full-time, dedicated development team provides ongoing maintenance, development, testing, and documentation
Single vendor to hold accountable
Free Proprietary License (FPL)
In addition to the Commercial Proprietary License we offer a free version for handling small object models. This license allows you to use ODB in a proprietary (closed-source) application free of charge and without any of the GPL/NCUEL restrictions provided that the amount of the generated database support code in any single release of your application does not exceed 10,000 lines.
To start using ODB under the free proprietary license simply contact us and we will send you a copy of the license agreement. See also the following questions and answers for additional information.
ODB NON-COMMERCIAL USE AND EVALUATION LICENSE (NCUEL)
INTENT
The intent of this license is to allow you to use ODB with commercial
databases, such as Oracle, Microsoft SQL Server, IBM DB/2, etc., free
of charge non-commercially or for evaluation.
Furthermore, if a commercial database has a free edition, often called
express edition, such as Oracle Express, Microsoft SQL Server Express,
IBM DB/2 Express-C, etc., that can be used for commercial purposes free
of charge, then this license allows you to use ODB with such an edition
for commercial purposes also free of charge.
Note also that the development of an application that will be used for
commercial purposes constitutes a commercial use and is not allowed,
except with a free edition of a commercial database. However, this
license allows you to evaluate ODB; that is, to use the Software for
a reasonable period for the purpose of determining its suitability for
a particular application as well as to conduct exploratory development
or proof-of-concept prototyping.
Finally, any application that uses ODB under this license, whether non-
commercially, for evaluation, or commercially with a free edition of a
database, is subject to the terms and conditions similar to that of the
GPL version 2. In particular, this means that if and when you distribute
your application, you are required to also release its source code.
If you have any questions concerning this License, please contact us at:
info@codesynthesis.com.
LEGAL TERMS AND CONDITIONS
This Code Synthesis Tools CC Non-Commercial Use and Evaluation License
Agreement for ODB Software ("License") is a legal agreement between you,
the Licensee, (either an individual or a single entity) and Code
Synthesis Tools CC ("Code Synthesis") for non-commercially using,
copying, distributing and modifying the Software and any work derived
from the Software, as defined hereinbelow. Any commercial use, except
as expressly provided in Section 2.1, is subject to a different license.
By using, modifying, or distributing the Software or any work derived
from the Software, Licensee indicates acceptance of this License and
agrees to be bound by all its terms and conditions for using, copying,
distributing, or modifying the Software and works derived from the
Software. If Licensee is agreeing to this License on behalf of an entity
other than an individual person, Licensee represents that Licensee is
binding and have the right to bind the entity to the terms and conditions
of this agreement.
These terms and conditions only apply to the ODB components that are
explicitly licensed under this License (normally ODB runtime libraries
for commercial databases). Other ODB components may be licensed under
other licenses and are not affected in any way by the terms and
conditions found in this License. Similarly, ODB components licensed
under this License are not affected by the terms and conditions found
in other licenses. If you are using several ODB components that are
licensed under different licenses, you must comply with the terms and
conditions of each such license.
No rights are granted to the Software except as expressly set forth
herein. Nothing other than this License grants Licensee permission to
use, copy, distribute or modify the Software or any work derived from
the Software. Licensee may not use, copy, distribute or modify the
Software or any work derived from the Software except as expressly
provided under this License. If Licensee does not accept the terms and
conditions of this License, Licensee shall not use, copy, distribute
or modify the Software.
In consideration for Licensee's forbearance of commercial use of the
Software, except as expressly provided in Section 2.1, Code Synthesis
grants Licensee non-exclusive, royalty-free and without fees rights
as expressly provided herein.
1. DEFINITIONS.
A "commercial database" is a database product that has associated
fees and/or royalties payable for production and/or commercial use
of the database product. Commercial databases include, but are not
limited to, Oracle, Microsoft SQL Server, and IBM DB/2.
A "free edition of a commercial database" is a special, limited edition
of a commercial database, often called express edition, that does not
require fees and/or royalties for production and/or commercial use.
Free editions of commercial databases include, but are not limited to,
Oracle Express, Microsoft SQL Server Express, and IBM DB/2 Express-C.
The "Software" is one of the ODB runtime libraries for one of the
commercial databases, including, but not limited to, demo programs,
associated media and printed materials, and any included "on-line"
documentation.
A "work derived from the Software" is any derivative work as defined
in the copyright law of the nation or state where rights to the work
derived from the Software are exercisable; that is to say, a program
which is linked with or otherwise incorporates the ODB runtime library
or a translation, improvement, enhancement, extension or other
modification of the Software which has sufficient originality to
qualify in such a nation or state as a copyrightable work is a work
derived from the Software.
To "use" means to execute (i.e. run) the Software.
To "copy" means to create one or more copies of the Software.
To "distribute" means to broadcast, publish, transfer, post, upload,
download or otherwise disseminate in any medium to any third party.
To "modify" means to create a work derived from the Software.
To "evaluate" means to use the Software for a reasonable period for
the purpose of determining its suitability for a particular application
as well as to conduct exploratory development or proof-of-concept
prototyping.
A "commercial use" is:
(1) the use of the Software or any work derived from the Software in
connection with, for or in aid of the generation of revenue, such as
in the conduct of Licensee's daily business operations; or
(2) any copying, distribution or modification of the Software or any
work derived from the Software to any party where payment or other
consideration is made in connection with such copying, distribution or
modification, whether directly (as in payment for a copy of the
Software) or indirectly (including but not limited to payment for some
good or service related to the Software, or payment for some product
or service that includes a copy of the Software "without charge").
However, the following actions which involve payment do not in and
of themselves constitute a commercial use:
(a) posting the Software on a public access information storage and
retrieval service for which a fee is received for retrieving
information (such as an on-line service), provided that the fee is not
content-dependent. Such fees which are not content dependent include,
but are not limited to, fees which are based solely on the storage
capacity required to store the information, and fees which are based
solely on the time required to transfer the information from/to the
public access information storage and retrieval service; and
(b) distributing the Software on a CD-ROM, provided that the Software
is reproduced entirely and verbatim on such CD-ROM, and provided further
that all information on such CD-ROM may be distributed in a manner which
does not constitute a commercial use.
2. GRANT OF LICENSE.
2.1. LICENSE TO USE.
Licensee may use the Software provided that such use does not constitute
a commercial use.
Licensee may also use the Software commercially with a free edition of a
commercial database, if such an edition is available. If Licensee
distributes works derived from the Software and such works may be used
commercially by third parties, Licensee must cause such commercial use
to be limited to a free edition of a commercial database.
2.2. LICENSE TO EVALUATE.
Licensee may evaluation the Software for commercial use.
2.3. LICENSE TO COPY AND DISTRIBUTE.
Licensee may copy and distribute literal (i.e., verbatim) copies of the
Software as Licensee receives it throughout the world, in any medium,
provided that Licensee distributes an unmodified, easily-readable copy
of this License with the Software, and provided further that such
distribution does not constitute a commercial use.
2.4. LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE.
Licensee may create works derived from the Software, provided that any
such work derived from the Software carries prominent notices stating
both the manner in which Licensee has created a work derived from the
Software (for example, notices stating that the work derived from the
Software is linked with or otherwise incorporates the ODB runtime
library, or notices stating that the work derived from the Software
is an enhancement to the Software which Licensee has created) and the
date any such work derived from the Software was created.
2.5. LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE.
Licensee may copy and distribute works derived from the Software
throughout the world, provided that Licensee distributes an
unmodified, easily-readable copy of this License with such works
derived from the Software, and provided further that such distribution
does not constitute a commercial use. Licensee must cause any work
derived from the Software that Licensee distributes to be licensed as
a whole and at no charge to all third parties under the terms of this
License or another free/open source license that does not restrict any
rights of any third party that would have been granted should such work
have been licensed under this License.
Any work derived from the Software must be accompanied by the complete
corresponding machine-readable source code of such work derived from
the Software, delivered on a medium customarily used for software
interchange. The source code for the work derived from the Software
means the preferred form of the work derived from the Software for
making modifications to it. For an executable work derived from the
Software, complete source code means all of the source code for all
modules of the work derived from the Software, all associated
interface definition files and all scripts used to control compilation
and installation of all or any part of the work derived from the
Software. However, the source code delivered need not include anything
that is normally distributed, in either source code or binary (object-
code) form, with major components (including but not limited to
compilers, linkers, and kernels) of the operating system on which the
executable work derived from the Software runs, unless that component
itself accompanies the executable code of the work derived from the
Software.
Furthermore, if the executable code or object code of the work derived
from the Software may be copied from a designated place, and if the
source code of the work derived from the Software may be copied from
the same place, then the work derived from the Software shall be
construed as accompanied by the complete corresponding machine-readable
source code of such work derived from the Software, even though third
parties are not compelled to copy the source code along with the
executable code or object code.
If the work derived from the Software normally reads commands
interactively when run, Licensee must cause the work derived from the
Software, at each time it commences operation, to print or display an
announcement including either a notice consisting of the verbatim
warranty and liability provisions of this License, or a notice that
Licensee, and not Code Synthesis provides a warranty.
Licensee may not impose any further restrictions on the exercise of
the rights granted herein by any recipient of any work derived from
the Software.
3. RESTRICTIONS.
Licensee acknowledges that the Software is protected by copyright laws
and international copyright treaties, as well as other intellectual
property laws and treaties. The Software is licensed, not sold. All
title and copyrights in and to the Software are owned exclusively by
Code Synthesis.
Licensee may not sublicense, assign or transfer this License, the
Software or any work derived from the Software except as permitted by
this License.
Licensee is expressly prohibited from using, copying, distributing,
studying the source code, or otherwise examining the Software for
the purpose of reverse engineering or duplicating its functionality
(unless enforcement of this restrictions is prohibited by applicable
law).
4. LIMITED WARRANTY.
4.1 NO WARRANTIES.
CODE SYNTHESIS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE
SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE USE,
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE
SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
4.2. NO LIABILITY FOR DAMAGES.
IN NO EVENT WILL CODE SYNTHESIS, OR ANY OTHER PARTY WHO MAY COPY,
DISTRIBUTE OR MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR
ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS
OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF CODE SYNTHESIS OR SUCH OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERMINATION.
Any violation or any attempt to violate any of the terms and conditions
of this License will automatically terminate Licensee's rights under
this License. Licensee further agrees upon such termination to cease
any and all using, copying, distributing and modifying of the Software
and any work derived from the Software, and further to destroy any and
all of Licensee's copies of the Software and any work derived from the
Software.
However, parties who have received copies of the Software or copies of
any work derived from the Software, or rights, from Licensee under this
License will not have their licenses terminated so long as such parties
remain in full compliance with this License.
6. LICENSE SCOPE AND MODIFICATION.
This License sets forth the entire agreement between Licensee and Code
Synthesis and supersedes all prior agreements and understandings between
the parties relating to the subject matter hereof. None of the terms of
this License may be waived or modified except as expressly agreed in
writing by both Licensee and Code Synthesis.
7. SEVERABILITY.
Should any provision of this License be declared void or unenforceable,
the validity of the remaining provisions shall not be affected thereby.
## ODC Open Database License (ODbL)
### Preamble
The Open Database License (ODbL) is a license agreement intended to
allow users to freely share, modify, and use this Database while
maintaining this same freedom for others. Many databases are covered by
copyright, and therefore this document licenses these rights. Some
jurisdictions, mainly in the European Union, have specific rights that
cover databases, and so the ODbL addresses these rights, too. Finally,
the ODbL is also an agreement in contract for users of this Database to
act in certain ways in return for accessing this Database.
Databases can contain a wide variety of types of content (images,
audiovisual material, and sounds all in the same database, for example),
and so the ODbL only governs the rights over the Database, and not the
contents of the Database individually. Licensors should use the ODbL
together with another license for the contents, if the contents have a
single set of rights that uniformly covers all of the contents. If the
contents have multiple sets of different rights, Licensors should
describe what rights govern what contents together in the individual
record or in some other way that clarifies what rights apply.
Sometimes the contents of a database, or the database itself, can be
covered by other rights not addressed here (such as private contracts,
trade mark over the name, or privacy rights / data protection rights
over information in the contents), and so you are advised that you may
have to consult other documents or clear other rights before doing
activities not covered by this License.
------
The Licensor (as defined below)
and
You (as defined below)
agree as follows:
### 1.0 Definitions of Capitalised Words
"Collective Database" – Means this Database in unmodified form as part
of a collection of independent databases in themselves that together are
assembled into a collective whole. A work that constitutes a Collective
Database will not be considered a Derivative Database.
"Convey" – As a verb, means Using the Database, a Derivative Database,
or the Database as part of a Collective Database in any way that enables
a Person to make or receive copies of the Database or a Derivative
Database. Conveying does not include interaction with a user through a
computer network, or creating and Using a Produced Work, where no
transfer of a copy of the Database or a Derivative Database occurs.
"Contents" – The contents of this Database, which includes the
information, independent works, or other material collected into the
Database. For example, the contents of the Database could be factual
data or works such as images, audiovisual material, text, or sounds.
"Database" – A collection of material (the Contents) arranged in a
systematic or methodical way and individually accessible by electronic
or other means offered under the terms of this License.
"Database Directive" – Means Directive 96/9/EC of the European
Parliament and of the Council of 11 March 1996 on the legal protection
of databases, as amended or succeeded.
"Database Right" – Means rights resulting from the Chapter III ("sui
generis") rights in the Database Directive (as amended and as transposed
by member states), which includes the Extraction and Re-utilisation of
the whole or a Substantial part of the Contents, as well as any similar
rights available in the relevant jurisdiction under Section 10.4.
"Derivative Database" – Means a database based upon the Database, and
includes any translation, adaptation, arrangement, modification, or any
other alteration of the Database or of a Substantial part of the
Contents. This includes, but is not limited to, Extracting or
Re-utilising the whole or a Substantial part of the Contents in a new
Database.
"Extraction" – Means the permanent or temporary transfer of all or a
Substantial part of the Contents to another medium by any means or in
any form.
"License" – Means this license agreement and is both a license of rights
such as copyright and Database Rights and an agreement in contract.
"Licensor" – Means the Person that offers the Database under the terms
of this License.
"Person" – Means a natural or legal person or a body of persons
corporate or incorporate.
"Produced Work" – a work (such as an image, audiovisual material, text,
or sounds) resulting from using the whole or a Substantial part of the
Contents (via a search or other query) from this Database, a Derivative
Database, or this Database as part of a Collective Database.
"Publicly" – means to Persons other than You or under Your control by
either more than 50% ownership or by the power to direct their
activities (such as contracting with an independent consultant).
"Re-utilisation" – means any form of making available to the public all
or a Substantial part of the Contents by the distribution of copies, by
renting, by online or other forms of transmission.
"Substantial" – Means substantial in terms of quantity or quality or a
combination of both. The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may amount to the
Extraction or Re-utilisation of a Substantial part of the Contents.
"Use" – As a verb, means doing any act that is restricted by copyright
or Database Rights whether in the original medium or any other; and
includes without limitation distributing, copying, publicly performing,
publicly displaying, and preparing derivative works of the Database, as
well as modifying the Database as may be technically necessary to use it
in a different mode or format.
"You" – Means a Person exercising rights under this License who has not
previously violated the terms of this License with respect to the
Database, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Words in the singular include the plural and vice versa.
### 2.0 What this License covers
2.1. Legal effect of this document. This License is:
a. A license of applicable copyright and neighbouring rights;
b. A license of the Database Right; and
c. An agreement in contract between You and the Licensor.
2.2 Legal rights covered. This License covers the legal rights in the
Database, including:
a. Copyright. Any copyright or neighbouring rights in the Database.
The copyright licensed includes any individual elements of the
Database, but does not cover the copyright over the Contents
independent of this Database. See Section 2.4 for details. Copyright
law varies between jurisdictions, but is likely to cover: the Database
model or schema, which is the structure, arrangement, and organisation
of the Database, and can also include the Database tables and table
indexes; the data entry and output sheets; and the Field names of
Contents stored in the Database;
b. Database Rights. Database Rights only extend to the Extraction and
Re-utilisation of the whole or a Substantial part of the Contents.
Database Rights can apply even when there is no copyright over the
Database. Database Rights can also apply when the Contents are removed
from the Database and are selected and arranged in a way that would
not infringe any applicable copyright; and
c. Contract. This is an agreement between You and the Licensor for
access to the Database. In return you agree to certain conditions of
use on this access as outlined in this License.
2.3 Rights not covered.
a. This License does not apply to computer programs used in the making
or operation of the Database;
b. This License does not cover any patents over the Contents or the
Database; and
c. This License does not cover any trademarks associated with the
Database.
2.4 Relationship to Contents in the Database. The individual items of
the Contents contained in this Database may be covered by other rights,
including copyright, patent, data protection, privacy, or personality
rights, and this License does not cover any rights (other than Database
Rights or in contract) in individual Contents contained in the Database.
For example, if used on a Database of images (the Contents), this
License would not apply to copyright over individual images, which could
have their own separate licenses, or one single license covering all of
the rights over the images.
### 3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor
grants to You a worldwide, royalty-free, non-exclusive, terminable (but
only under Section 9) license to Use the Database for the duration of
any applicable copyright and Database Rights. These rights explicitly
include commercial use, and do not exclude any field of endeavour. To
the extent possible in the relevant jurisdiction, these rights may be
exercised in all media and formats whether now known or created in the
future.
The rights granted cover, for example:
a. Extraction and Re-utilisation of the whole or a Substantial part of
the Contents;
b. Creation of Derivative Databases;
c. Creation of Collective Databases;
d. Creation of temporary or permanent reproductions by any means and
in any form, in whole or in part, including of any Derivative
Databases or as a part of Collective Databases; and
e. Distribution, communication, display, lending, making available, or
performance to the public by any means and in any form, in whole or in
part, including of any Derivative Database or as a part of Collective
Databases.
3.2 Compulsory license schemes. For the avoidance of doubt:
a. Non-waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme cannot be waived, the Licensor reserves
the exclusive right to collect such royalties for any exercise by You
of the rights granted under this License;
b. Waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme can be waived, the Licensor waives the
exclusive right to collect such royalties for any exercise by You of
the rights granted under this License; and,
c. Voluntary license schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor is
a member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights
granted under this License.
3.3 The right to release the Database under different terms, or to stop
distributing or making available the Database, is reserved. Note that
this Database may be multiple-licensed, and so You may have the choice
of using alternative licenses for this Database. Subject to Section
10.4, all other rights not expressly granted by Licensor are reserved.
### 4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to
Your complying with the following conditions of use. These are important
conditions of this License, and if You fail to follow them, You will be
in material breach of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative
Database, or the Database as part of a Collective Database, then You
must:
a. Do so only under the terms of this License or another license
permitted under Section 4.4;
b. Include a copy of this License (or, as applicable, a license
permitted under Section 4.4) or its Uniform Resource Identifier (URI)
with the Database or Derivative Database, including both in the
Database or Derivative Database and in any relevant documentation; and
c. Keep intact any copyright or Database Right notices and notices
that refer to this License.
d. If it is not possible to put the required notices in a particular
file due to its structure, then You must include the notices in a
location (such as a relevant directory) where users would be likely to
look for it.
4.3 Notice for using output (Contents). Creating and Using a Produced
Work does not require the notice in Section 4.2. However, if you
Publicly Use a Produced Work, You must include a notice associated with
the Produced Work reasonably calculated to make any Person that uses,
views, accesses, interacts with, or is otherwise exposed to the Produced
Work aware that Content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database, and that it
is available under this License.
a. Example notice. The following text will satisfy notice under
Section 4.3:
Contains information from DATABASE NAME, which is made available
here under the Open Database License (ODbL).
DATABASE NAME should be replaced with the name of the Database and a
hyperlink to the URI of the Database. "Open Database License" should
contain a hyperlink to the URI of the text of this License. If
hyperlinks are not possible, You should include the plain text of the
required URI's with the above notice.
4.4 Share alike.
a. Any Derivative Database that You Publicly Use must be only under
the terms of:
i. This License;
ii. A later version of this License similar in spirit to this
License; or
iii. A compatible license.
If You license the Derivative Database under one of the licenses
mentioned in (iii), You must comply with the terms of that license.
b. For the avoidance of doubt, Extraction or Re-utilisation of the
whole or a Substantial part of the Contents into a new database is a
Derivative Database and must comply with Section 4.4.
c. Derivative Databases and Produced Works. A Derivative Database is
Publicly Used and so must comply with Section 4.4. if a Produced Work
created from the Derivative Database is Publicly Used.
d. Share Alike and additional Contents. For the avoidance of doubt,
You must not add Contents to Derivative Databases under Section 4.4 a
that are incompatible with the rights granted under this License.
e. Compatible licenses. Licensors may authorise a proxy to determine
compatible licenses under Section 4.4 a iii. If they do so, the
authorised proxy's public statement of acceptance of a compatible
license grants You permission to use the compatible license.
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
in the following:
a. For the avoidance of doubt, You are not required to license
Collective Databases under this License if You incorporate this
Database or a Derivative Database in the collection, but this License
still applies to this Database or a Derivative Database as a part of
the Collective Database;
b. Using this Database, a Derivative Database, or this Database as
part of a Collective Database to create a Produced Work does not
create a Derivative Database for purposes of Section 4.4; and
c. Use of a Derivative Database internally within an organisation is
not to the public and therefore does not fall under the requirements
of Section 4.4.
4.6 Access to Derivative Databases. If You Publicly Use a Derivative
Database or a Produced Work from a Derivative Database, You must also
offer to recipients of the Derivative Database or Produced Work a copy
in a machine readable form of:
a. The entire Derivative Database; or
b. A file containing all of the alterations made to the Database or
the method of making the alterations to the Database (such as an
algorithm), including any additional Contents, that make up all the
differences between the Database and the Derivative Database.
The Derivative Database (under a.) or alteration file (under b.) must be
available at no more than a reasonable production cost for physical
distributions and free of charge if distributed over the internet.
4.7 Technological measures and additional terms
a. This License does not allow You to impose (except subject to
Section 4.7 b.) any terms or any technological measures on the
Database, a Derivative Database, or the whole or a Substantial part of
the Contents that alter or restrict the terms of this License, or any
rights granted under it, or have the effect or intent of restricting
the ability of any person to exercise those rights.
b. Parallel distribution. You may impose terms or technological
measures on the Database, a Derivative Database, or the whole or a
Substantial part of the Contents (a "Restricted Database") in
contravention of Section 4.74 a. only if You also make a copy of the
Database or a Derivative Database available to the recipient of the
Restricted Database:
i. That is available without additional fee;
ii. That is available in a medium that does not alter or restrict
the terms of this License, or any rights granted under it, or have
the effect or intent of restricting the ability of any person to
exercise those rights (an "Unrestricted Database"); and
iii. The Unrestricted Database is at least as accessible to the
recipient as a practical matter as the Restricted Database.
c. For the avoidance of doubt, You may place this Database or a
Derivative Database in an authenticated environment, behind a
password, or within a similar access control scheme provided that You
do not alter or restrict the terms of this License or any rights
granted under it or have the effect or intent of restricting the
ability of any person to exercise those rights.
4.8 Licensing of others. You may not sublicense the Database. Each time
You communicate the Database, the whole or Substantial part of the
Contents, or any Derivative Database to anyone else in any way, the
Licensor offers to the recipient a license to the Database on the same
terms and conditions as this License. You are not responsible for
enforcing compliance by third parties with this License, but You may
enforce any rights that You have over a Derivative Database. You are
solely responsible for any modifications of a Derivative Database made
by You or another Person at Your direction. You may not impose any
further restrictions on the exercise of the rights granted or affirmed
under this License.
### 5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights
to be identified as the author of the Database or to object to treatment
that would otherwise prejudice the author's honour and reputation, or
any other derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives
all moral rights that Licensor may have in the Database to the fullest
extent possible by the law of the relevant jurisdiction under Section
10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant
jurisdiction is not possible, Licensor agrees not to assert any moral
rights over the Database and waives all claims in moral rights to the
fullest extent possible by the law of the relevant jurisdiction under
Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert
moral rights under Section 5.1 a and b, the author may retain their
moral rights over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
jurisdictions.
### 6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this
Database, including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents
from non-electronic Databases for private purposes, Extraction for
purposes of illustration for teaching or scientific research, and
Extraction or Re-utilisation for public security or an administrative
or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation
or exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract
and Re-utilise insubstantial parts of the Contents, evaluated
quantitatively or qualitatively, for any purposes whatsoever, including
creating a Derivative Database (subject to other rights over the
Contents, see Section 2.4). The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may however amount
to the Extraction or Re-utilisation of a Substantial part of the
Contents.
### 7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor "as is" and without any
warranty of any kind, either express, implied, or arising by statute,
custom, course of dealing, or trade usage. Licensor specifically
disclaims any and all implied warranties or conditions of title,
non-infringement, accuracy or completeness, the presence or absence of
errors, fitness for a particular purpose, merchantability, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so
this exclusion may not apply to You.
### 8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law,
the Licensor is not liable for, and expressly excludes, all liability
for loss or damage however and whenever caused to anyone by any use
under this License, whether by You or by anyone else, and whether caused
by any fault on the part of the Licensor or not. This exclusion of
liability includes, but is not limited to, any special, incidental,
consequential, punitive, or exemplary damages such as loss of revenue,
data, anticipated profits, and lost business. This exclusion applies
even if the Licensor has been advised of the possibility of such
damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on
the part of the Licensor.
### 9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received the
Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You
under this License will not have their licenses terminated provided
their use is in full compliance with this License or a license granted
under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
survive any termination of this License.
9.2 If You are not in breach of the terms of this License, the Licensor
will not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You
for the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License
will be reinstated:
a. Provisionally and subject to permanent termination until the 60th
day after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless
otherwise reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the
violation, this is the first time You have received notice of
violation of this License from the Licensor, and You cure the
violation prior to 30 days after your receipt of the notice.
Persons subject to permanent termination of rights are not eligible to
be a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release
the Database under different license terms or to stop distributing or
making available the Database. Releasing the Database under different
license terms or stopping the distribution of the Database will not
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
### 10.0 General
10.1 If any provision of this License is held to be invalid or
unenforceable, that must not affect the validity or enforceability of
the remainder of the terms and conditions of this License and each
remaining provision of this License shall be valid and enforced to the
fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with
respect to the rights granted here over the Database. It replaces any
earlier understandings, agreements or representations with respect to
the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any
breach by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by
the laws of the relevant jurisdiction in which the License terms are
sought to be enforced. If the standard suite of rights granted under
applicable copyright law and Database Rights in the relevant
jurisdiction includes additional rights not granted under this License,
these additional rights are granted in this License in order to meet the
terms of this License.
ODC Attribution License (ODC-By)
Preamble
The Open Data Commons Attribution License is a license agreement
intended to allow users to freely share, modify, and use this Database
subject only to the attribution requirements set out in Section 4.
Databases can contain a wide variety of types of content (images,
audiovisual material, and sounds all in the same database, for example),
and so this license only governs the rights over the Database, and not
the contents of the Database individually. Licensors may therefore wish
to use this license together with another license for the contents.
Sometimes the contents of a database, or the database itself, can be
covered by other rights not addressed here (such as private contracts,
trademark over the name, or privacy rights / data protection rights
over information in the contents), and so you are advised that you may
have to consult other documents or clear other rights before doing
activities not covered by this License.
The Licensor (as defined below)
and
You (as defined below)
agree as follows:
1.0 Definitions of Capitalised Words
"Collective Database" – Means this Database in unmodified form as part
of a collection of independent databases in themselves that together are
assembled into a collective whole. A work that constitutes a Collective
Database will not be considered a Derivative Database.
"Convey" – As a verb, means Using the Database, a Derivative Database,
or the Database as part of a Collective Database in any way that enables
a Person to make or receive copies of the Database or a Derivative
Database. Conveying does not include interaction with a user through a
computer network, or creating and Using a Produced Work, where no
transfer of a copy of the Database or a Derivative Database occurs.
"Contents" – The contents of this Database, which includes the
information, independent works, or other material collected into the
Database. For example, the contents of the Database could be factual
data or works such as images, audiovisual material, text, or sounds.
"Database" – A collection of material (the Contents) arranged in a
systematic or methodical way and individually accessible by electronic
or other means offered under the terms of this License.
"Database Directive" – Means Directive 96/9/EC of the European
Parliament and of the Council of 11 March 1996 on the legal protection
of databases, as amended or succeeded.
"Database Right" – Means rights resulting from the Chapter III ("sui
generis") rights in the Database Directive (as amended and as transposed
by member states), which includes the Extraction and Re-utilisation of
the whole or a Substantial part of the Contents, as well as any similar
rights available in the relevant jurisdiction under Section 10.4.
"Derivative Database" – Means a database based upon the Database, and
includes any translation, adaptation, arrangement, modification, or any
other alteration of the Database or of a Substantial part of the
Contents. This includes, but is not limited to, Extracting or
Re-utilising the whole or a Substantial part of the Contents in a new
Database.
"Extraction" – Means the permanent or temporary transfer of all or a
Substantial part of the Contents to another medium by any means or in
any form.
"License" – Means this license agreement and is both a license of rights
such as copyright and Database Rights and an agreement in contract.
"Licensor" – Means the Person that offers the Database under the terms
of this License.
"Person" – Means a natural or legal person or a body of persons
corporate or incorporate.
"Produced Work" – a work (such as an image, audiovisual material, text,
or sounds) resulting from using the whole or a Substantial part of the
Contents (via a search or other query) from this Database, a Derivative
Database, or this Database as part of a Collective Database.
"Publicly" – means to Persons other than You or under Your control by
either more than 50% ownership or by the power to direct their
activities (such as contracting with an independent consultant).
"Re-utilisation" – means any form of making available to the public all
or a Substantial part of the Contents by the distribution of copies, by
renting, by online or other forms of transmission.
"Substantial" – Means substantial in terms of quantity or quality or a
combination of both. The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may amount to the
Extraction or Re-utilisation of a Substantial part of the Contents.
"Use" – As a verb, means doing any act that is restricted by copyright
or Database Rights whether in the original medium or any other; and
includes without limitation distributing, copying, publicly performing,
publicly displaying, and preparing derivative works of the Database, as
well as modifying the Database as may be technically necessary to use it
in a different mode or format.
"You" – Means a Person exercising rights under this License who has not
previously violated the terms of this License with respect to the
Database, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Words in the singular include the plural and vice versa.
2.0 What this License covers
2.1. Legal effect of this document. This License is:
a. A license of applicable copyright and neighbouring rights;
b. A license of the Database Right; and
c. An agreement in contract between You and the Licensor.
2.2 Legal rights covered. This License covers the legal rights in the
Database, including:
a. Copyright. Any copyright or neighbouring rights in the Database.
The copyright licensed includes any individual elements of the
Database, but does not cover the copyright over the Contents
independent of this Database. See Section 2.4 for details. Copyright
law varies between jurisdictions, but is likely to cover: the Database
model or schema, which is the structure, arrangement, and organisation
of the Database, and can also include the Database tables and table
indexes; the data entry and output sheets; and the Field names of
Contents stored in the Database;
b. Database Rights. Database Rights only extend to the Extraction and
Re-utilisation of the whole or a Substantial part of the Contents.
Database Rights can apply even when there is no copyright over the
Database. Database Rights can also apply when the Contents are removed
from the Database and are selected and arranged in a way that would
not infringe any applicable copyright; and
c. Contract. This is an agreement between You and the Licensor for
access to the Database. In return you agree to certain conditions of
use on this access as outlined in this License.
2.3 Rights not covered.
a. This License does not apply to computer programs used in the making
or operation of the Database;
b. This License does not cover any patents over the Contents or the
Database; and
c. This License does not cover any trademarks associated with the
Database.
2.4 Relationship to Contents in the Database. The individual items of
the Contents contained in this Database may be covered by other rights,
including copyright, patent, data protection, privacy, or personality
rights, and this License does not cover any rights (other than Database
Rights or in contract) in individual Contents contained in the Database.
For example, if used on a Database of images (the Contents), this
License would not apply to copyright over individual images, which could
have their own separate licenses, or one single license covering all of
the rights over the images.
3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor
grants to You a worldwide, royalty-free, non-exclusive, terminable (but
only under Section 9) license to Use the Database for the duration of
any applicable copyright and Database Rights. These rights explicitly
include commercial use, and do not exclude any field of endeavour. To
the extent possible in the relevant jurisdiction, these rights may be
exercised in all media and formats whether now known or created in the
future.
The rights granted cover, for example:
a. Extraction and Re-utilisation of the whole or a Substantial part of
the Contents;
b. Creation of Derivative Databases;
c. Creation of Collective Databases;
d. Creation of temporary or permanent reproductions by any means and
in any form, in whole or in part, including of any Derivative
Databases or as a part of Collective Databases; and
e. Distribution, communication, display, lending, making available, or
performance to the public by any means and in any form, in whole or in
part, including of any Derivative Database or as a part of Collective
Databases.
3.2 Compulsory license schemes. For the avoidance of doubt:
a. Non-waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme cannot be waived, the Licensor reserves
the exclusive right to collect such royalties for any exercise by You
of the rights granted under this License;
b. Waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme can be waived, the Licensor waives the
exclusive right to collect such royalties for any exercise by You of
the rights granted under this License; and,
c. Voluntary license schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor is
a member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights
granted under this License.
3.3 The right to release the Database under different terms, or to stop
distributing or making available the Database, is reserved. Note that
this Database may be multiple-licensed, and so You may have the choice
of using alternative licenses for this Database. Subject to Section
10.4, all other rights not expressly granted by Licensor are reserved.
4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to
Your complying with the following conditions of use. These are important
conditions of this License, and if You fail to follow them, You will be
in material breach of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative
Database, or the Database as part of a Collective Database, then You
must:
a. Do so only under the terms of this License;
b. Include a copy of this License or its Uniform Resource Identifier (URI)
with the Database or Derivative Database, including both in the
Database or Derivative Database and in any relevant documentation;
c. Keep intact any copyright or Database Right notices and notices
that refer to this License; and
d. If it is not possible to put the required notices in a particular
file due to its structure, then You must include the notices in a
location (such as a relevant directory) where users would be likely to
look for it.
4.3 Notice for using output (Contents). Creating and Using a Produced
Work does not require the notice in Section 4.2. However, if you
Publicly Use a Produced Work, You must include a notice associated with
the Produced Work reasonably calculated to make any Person that uses,
views, accesses, interacts with, or is otherwise exposed to the Produced
Work aware that Content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database, and that it
is available under this License.
a. Example notice. The following text will satisfy notice under
Section 4.3:
Contains information from DATABASE NAME which is made available
under the ODC Attribution License.
DATABASE NAME should be replaced with the name of the Database and a
hyperlink to the location of the Database. "ODC Attribution License"
should contain a hyperlink to the URI of the text of this License. If
hyperlinks are not possible, You should include the plain text of the
required URI’s with the above notice.
4.4 Licensing of others. You may not sublicense the Database. Each time
You communicate the Database, the whole or Substantial part of the
Contents, or any Derivative Database to anyone else in any way, the
Licensor offers to the recipient a license to the Database on the same
terms and conditions as this License. You are not responsible for
enforcing compliance by third parties with this License, but You may
enforce any rights that You have over a Derivative Database. You are
solely responsible for any modifications of a Derivative Database made
by You or another Person at Your direction. You may not impose any
further restrictions on the exercise of the rights granted or affirmed
under this License.
5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights
to be identified as the author of the Database or to object to treatment
that would otherwise prejudice the author’s honour and reputation, or
any other derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives
all moral rights that Licensor may have in the Database to the fullest
extent possible by the law of the relevant jurisdiction under Section
10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant
jurisdiction is not possible, Licensor agrees not to assert any moral
rights over the Database and waives all claims in moral rights to the
fullest extent possible by the law of the relevant jurisdiction under
Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert
moral rights under Section 5.1 a and b, the author may retain their
moral rights over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
jurisdictions.
6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this
Database, including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents
from non-electronic Databases for private purposes, Extraction for
purposes of illustration for teaching or scientific research, and
Extraction or Re-utilisation for public security or an administrative
or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation
or exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract
and Re-utilise insubstantial parts of the Contents, evaluated
quantitatively or qualitatively, for any purposes whatsoever, including
creating a Derivative Database (subject to other rights over the
Contents, see Section 2.4). The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may however amount
to the Extraction or Re-utilisation of a Substantial part of the
Contents.
7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor "as is" and without any
warranty of any kind, either express, implied, or arising by statute,
custom, course of dealing, or trade usage. Licensor specifically
disclaims any and all implied warranties or conditions of title,
non-infringement, accuracy or completeness, the presence or absence of
errors, fitness for a particular purpose, merchantability, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so
this exclusion may not apply to You.
8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law,
the Licensor is not liable for, and expressly excludes, all liability
for loss or damage however and whenever caused to anyone by any use
under this License, whether by You or by anyone else, and whether caused
by any fault on the part of the Licensor or not. This exclusion of
liability includes, but is not limited to, any special, incidental,
consequential, punitive, or exemplary damages such as loss of revenue,
data, anticipated profits, and lost business. This exclusion applies
even if the Licensor has been advised of the possibility of such
damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on
the part of the Licensor.
9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received the
Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You
under this License will not have their licenses terminated provided
their use is in full compliance with this License or a license granted
under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
survive any termination of this License.
9.2 If You are not in breach of the terms of this License, the Licensor
will not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You
for the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License
will be reinstated:
a. Provisionally and subject to permanent termination until the 60th
day after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless
otherwise reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the
violation, this is the first time You have received notice of
violation of this License from the Licensor, and You cure the
violation prior to 30 days after your receipt of the notice.
9.5 Notwithstanding the above, Licensor reserves the right to release
the Database under different license terms or to stop distributing or
making available the Database. Releasing the Database under different
license terms or stopping the distribution of the Database will not
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
10.0 General
10.1 If any provision of this License is held to be invalid or
unenforceable, that must not affect the validity or enforceability of
the remainder of the terms and conditions of this License and each
remaining provision of this License shall be valid and enforced to the
fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with
respect to the rights granted here over the Database. It replaces any
earlier understandings, agreements or representations with respect to
the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any
breach by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by
the laws of the relevant jurisdiction in which the License terms are
sought to be enforced. If the standard suite of rights granted under
applicable copyright law and Database Rights in the relevant
jurisdiction includes additional rights not granted under this License,
these additional rights are granted in this License in order to meet the
terms of this License.
Open Data Commons Attribution License (ODC-By) v1.0
ODC Attribution License (ODC-By)
Preamble
The Open Data Commons Attribution License is a license agreement
intended to allow users to freely share, modify, and use this Database
subject only to the attribution requirements set out in Section 4.
Databases can contain a wide variety of types of content (images,
audiovisual material, and sounds all in the same database, for example),
and so this license only governs the rights over the Database, and not
the contents of the Database individually. Licensors may therefore wish
to use this license together with another license for the contents.
Sometimes the contents of a database, or the database itself, can be
covered by other rights not addressed here (such as private contracts,
trademark over the name, or privacy rights / data protection rights
over information in the contents), and so you are advised that you may
have to consult other documents or clear other rights before doing
activities not covered by this License.
The Licensor (as defined below)
and
You (as defined below)
agree as follows:
1.0 Definitions of Capitalised Words
"Collective Database" – Means this Database in unmodified form as part
of a collection of independent databases in themselves that together are
assembled into a collective whole. A work that constitutes a Collective
Database will not be considered a Derivative Database.
"Convey" – As a verb, means Using the Database, a Derivative Database,
or the Database as part of a Collective Database in any way that enables
a Person to make or receive copies of the Database or a Derivative
Database. Conveying does not include interaction with a user through a
computer network, or creating and Using a Produced Work, where no
transfer of a copy of the Database or a Derivative Database occurs.
"Contents" – The contents of this Database, which includes the
information, independent works, or other material collected into the
Database. For example, the contents of the Database could be factual
data or works such as images, audiovisual material, text, or sounds.
"Database" – A collection of material (the Contents) arranged in a
systematic or methodical way and individually accessible by electronic
or other means offered under the terms of this License.
"Database Directive" – Means Directive 96/9/EC of the European
Parliament and of the Council of 11 March 1996 on the legal protection
of databases, as amended or succeeded.
"Database Right" – Means rights resulting from the Chapter III ("sui
generis") rights in the Database Directive (as amended and as transposed
by member states), which includes the Extraction and Re-utilisation of
the whole or a Substantial part of the Contents, as well as any similar
rights available in the relevant jurisdiction under Section 10.4.
"Derivative Database" – Means a database based upon the Database, and
includes any translation, adaptation, arrangement, modification, or any
other alteration of the Database or of a Substantial part of the
Contents. This includes, but is not limited to, Extracting or
Re-utilising the whole or a Substantial part of the Contents in a new
Database.
"Extraction" – Means the permanent or temporary transfer of all or a
Substantial part of the Contents to another medium by any means or in
any form.
"License" – Means this license agreement and is both a license of rights
such as copyright and Database Rights and an agreement in contract.
"Licensor" – Means the Person that offers the Database under the terms
of this License.
"Person" – Means a natural or legal person or a body of persons
corporate or incorporate.
"Produced Work" – a work (such as an image, audiovisual material, text,
or sounds) resulting from using the whole or a Substantial part of the
Contents (via a search or other query) from this Database, a Derivative
Database, or this Database as part of a Collective Database.
"Publicly" – means to Persons other than You or under Your control by
either more than 50% ownership or by the power to direct their
activities (such as contracting with an independent consultant).
"Re-utilisation" – means any form of making available to the public all
or a Substantial part of the Contents by the distribution of copies, by
renting, by online or other forms of transmission.
"Substantial" – Means substantial in terms of quantity or quality or a
combination of both. The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may amount to the
Extraction or Re-utilisation of a Substantial part of the Contents.
"Use" – As a verb, means doing any act that is restricted by copyright
or Database Rights whether in the original medium or any other; and
includes without limitation distributing, copying, publicly performing,
publicly displaying, and preparing derivative works of the Database, as
well as modifying the Database as may be technically necessary to use it
in a different mode or format.
"You" – Means a Person exercising rights under this License who has not
previously violated the terms of this License with respect to the
Database, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Words in the singular include the plural and vice versa.
2.0 What this License covers
2.1. Legal effect of this document. This License is:
a. A license of applicable copyright and neighbouring rights;
b. A license of the Database Right; and
c. An agreement in contract between You and the Licensor.
2.2 Legal rights covered. This License covers the legal rights in the
Database, including:
a. Copyright. Any copyright or neighbouring rights in the Database.
The copyright licensed includes any individual elements of the
Database, but does not cover the copyright over the Contents
independent of this Database. See Section 2.4 for details. Copyright
law varies between jurisdictions, but is likely to cover: the Database
model or schema, which is the structure, arrangement, and organisation
of the Database, and can also include the Database tables and table
indexes; the data entry and output sheets; and the Field names of
Contents stored in the Database;
b. Database Rights. Database Rights only extend to the Extraction and
Re-utilisation of the whole or a Substantial part of the Contents.
Database Rights can apply even when there is no copyright over the
Database. Database Rights can also apply when the Contents are removed
from the Database and are selected and arranged in a way that would
not infringe any applicable copyright; and
c. Contract. This is an agreement between You and the Licensor for
access to the Database. In return you agree to certain conditions of
use on this access as outlined in this License.
2.3 Rights not covered.
a. This License does not apply to computer programs used in the making
or operation of the Database;
b. This License does not cover any patents over the Contents or the
Database; and
c. This License does not cover any trademarks associated with the
Database.
2.4 Relationship to Contents in the Database. The individual items of
the Contents contained in this Database may be covered by other rights,
including copyright, patent, data protection, privacy, or personality
rights, and this License does not cover any rights (other than Database
Rights or in contract) in individual Contents contained in the Database.
For example, if used on a Database of images (the Contents), this
License would not apply to copyright over individual images, which could
have their own separate licenses, or one single license covering all of
the rights over the images.
3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor
grants to You a worldwide, royalty-free, non-exclusive, terminable (but
only under Section 9) license to Use the Database for the duration of
any applicable copyright and Database Rights. These rights explicitly
include commercial use, and do not exclude any field of endeavour. To
the extent possible in the relevant jurisdiction, these rights may be
exercised in all media and formats whether now known or created in the
future.
The rights granted cover, for example:
a. Extraction and Re-utilisation of the whole or a Substantial part of
the Contents;
b. Creation of Derivative Databases;
c. Creation of Collective Databases;
d. Creation of temporary or permanent reproductions by any means and
in any form, in whole or in part, including of any Derivative
Databases or as a part of Collective Databases; and
e. Distribution, communication, display, lending, making available, or
performance to the public by any means and in any form, in whole or in
part, including of any Derivative Database or as a part of Collective
Databases.
3.2 Compulsory license schemes. For the avoidance of doubt:
a. Non-waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme cannot be waived, the Licensor reserves
the exclusive right to collect such royalties for any exercise by You
of the rights granted under this License;
b. Waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme can be waived, the Licensor waives the
exclusive right to collect such royalties for any exercise by You of
the rights granted under this License; and,
c. Voluntary license schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor is
a member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights
granted under this License.
3.3 The right to release the Database under different terms, or to stop
distributing or making available the Database, is reserved. Note that
this Database may be multiple-licensed, and so You may have the choice
of using alternative licenses for this Database. Subject to Section
10.4, all other rights not expressly granted by Licensor are reserved.
4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to
Your complying with the following conditions of use. These are important
conditions of this License, and if You fail to follow them, You will be
in material breach of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative
Database, or the Database as part of a Collective Database, then You
must:
a. Do so only under the terms of this License;
b. Include a copy of this License or its Uniform Resource Identifier (URI)
with the Database or Derivative Database, including both in the
Database or Derivative Database and in any relevant documentation;
c. Keep intact any copyright or Database Right notices and notices
that refer to this License; and
d. If it is not possible to put the required notices in a particular
file due to its structure, then You must include the notices in a
location (such as a relevant directory) where users would be likely to
look for it.
4.3 Notice for using output (Contents). Creating and Using a Produced
Work does not require the notice in Section 4.2. However, if you
Publicly Use a Produced Work, You must include a notice associated with
the Produced Work reasonably calculated to make any Person that uses,
views, accesses, interacts with, or is otherwise exposed to the Produced
Work aware that Content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database, and that it
is available under this License.
a. Example notice. The following text will satisfy notice under
Section 4.3:
Contains information from DATABASE NAME which is made available
under the ODC Attribution License.
DATABASE NAME should be replaced with the name of the Database and a
hyperlink to the location of the Database. "ODC Attribution License"
should contain a hyperlink to the URI of the text of this License. If
hyperlinks are not possible, You should include the plain text of the
required URI’s with the above notice.
4.4 Licensing of others. You may not sublicense the Database. Each time
You communicate the Database, the whole or Substantial part of the
Contents, or any Derivative Database to anyone else in any way, the
Licensor offers to the recipient a license to the Database on the same
terms and conditions as this License. You are not responsible for
enforcing compliance by third parties with this License, but You may
enforce any rights that You have over a Derivative Database. You are
solely responsible for any modifications of a Derivative Database made
by You or another Person at Your direction. You may not impose any
further restrictions on the exercise of the rights granted or affirmed
under this License.
5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights
to be identified as the author of the Database or to object to treatment
that would otherwise prejudice the author’s honour and reputation, or
any other derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives
all moral rights that Licensor may have in the Database to the fullest
extent possible by the law of the relevant jurisdiction under Section
10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant
jurisdiction is not possible, Licensor agrees not to assert any moral
rights over the Database and waives all claims in moral rights to the
fullest extent possible by the law of the relevant jurisdiction under
Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert
moral rights under Section 5.1 a and b, the author may retain their
moral rights over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
jurisdictions.
6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this
Database, including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents
from non-electronic Databases for private purposes, Extraction for
purposes of illustration for teaching or scientific research, and
Extraction or Re-utilisation for public security or an administrative
or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation
or exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract
and Re-utilise insubstantial parts of the Contents, evaluated
quantitatively or qualitatively, for any purposes whatsoever, including
creating a Derivative Database (subject to other rights over the
Contents, see Section 2.4). The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may however amount
to the Extraction or Re-utilisation of a Substantial part of the
Contents.
7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor "as is" and without any
warranty of any kind, either express, implied, or arising by statute,
custom, course of dealing, or trade usage. Licensor specifically
disclaims any and all implied warranties or conditions of title,
non-infringement, accuracy or completeness, the presence or absence of
errors, fitness for a particular purpose, merchantability, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so
this exclusion may not apply to You.
8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law,
the Licensor is not liable for, and expressly excludes, all liability
for loss or damage however and whenever caused to anyone by any use
under this License, whether by You or by anyone else, and whether caused
by any fault on the part of the Licensor or not. This exclusion of
liability includes, but is not limited to, any special, incidental,
consequential, punitive, or exemplary damages such as loss of revenue,
data, anticipated profits, and lost business. This exclusion applies
even if the Licensor has been advised of the possibility of such
damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on
the part of the Licensor.
9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received the
Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You
under this License will not have their licenses terminated provided
their use is in full compliance with this License or a license granted
under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
survive any termination of this License.
9.2 If You are not in breach of the terms of this License, the Licensor
will not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You
for the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License
will be reinstated:
a. Provisionally and subject to permanent termination until the 60th
day after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless
otherwise reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the
violation, this is the first time You have received notice of
violation of this License from the Licensor, and You cure the
violation prior to 30 days after your receipt of the notice.
9.5 Notwithstanding the above, Licensor reserves the right to release
the Database under different license terms or to stop distributing or
making available the Database. Releasing the Database under different
license terms or stopping the distribution of the Database will not
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
10.0 General
10.1 If any provision of this License is held to be invalid or
unenforceable, that must not affect the validity or enforceability of
the remainder of the terms and conditions of this License and each
remaining provision of this License shall be valid and enforced to the
fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with
respect to the rights granted here over the Database. It replaces any
earlier understandings, agreements or representations with respect to
the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any
breach by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by
the laws of the relevant jurisdiction in which the License terms are
sought to be enforced. If the standard suite of rights granted under
applicable copyright law and Database Rights in the relevant
jurisdiction includes additional rights not granted under this License,
these additional rights are granted in this License in order to meet the
terms of this License.
Project Odin Software License
You may, without charge, royalty, or other payment, copy and
distribute copies of this work in source or binary form
provided that:
(1) you appropriately publish on each copy an appropriate
copyright notice; (2) faithfully reproduce all prior copyright
included in the original work; and (3) agree to indemnify and
hold all prior authors, copyright holders and licensors of the
work harmless from and against all damages arising from use of
or the inability to use the work.
You may not use the work as base of another work. You are
encouraged to make changes to this work but you have to
submit all changes back to the work and only use them if
they become part of the work. If you have the need to
create a derivative work you may contact the Odin
management team and a special arrangement can be done.
However, you are encouraged to use the work for porting your
free or commercial applications. You can ship software
using the work as long as the original copyright for the work
is mentioned and you do not charge for using any part of the
work. You may also ship the work in binaries and sources for
use with your applications as long as you do not violate the
distribution regulations of this license.
These license terms can be amended by a custom license
agreement between a third party and the administration
team. Such a custom license might only limit the above terms
if the changes cause a direct advantage for the functionality
or completeness of the product and do not interfere with the
goal of an open-source and free emulation product.
Parts of the work may be governed by a license other than
this one, if the source directory of the part contains a
license file called "LICENSE.TXT" of its own. If a different
license exists, it supercedes this license. Removing the
the part specific license will automatically put back the
part under the terms of this license. Only the Odin management
team is allowed to put parts of the work under a different
license and remove the part specific licenses. The purpose
of using different licenses is solely for allowing code
sharing of certain parts of the work with other projects that
have incompatible licenses. These parts should either have
this license in a version that makes it compatible with the
license of the second project, or the license of the second
project as long as it conforms to the goals of an open source
and free emulation software.
Warranty
EXCEPT AS OTHERWISE RESTRICTED BY LAW, THIS WORK IS PROVIDED
WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY OR TITLE. EXCEPT AS
OTHERWISE PROVIDED BY LAW, NO AUTHOR, COPYRIGHT HOLDER OR
LICENSOR SHALL BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Odin management team
The board of Odin managers currently consists of the following members:
Patrick Haller
Achim Hasenmueller
Sander van Leeuwen
2000/08/21
Open Directory License
The Open Directory is a compilation of many different editors' contributions. Netscape Communications Corporation (`Netscape') owns the copyright to the compilation of the different contributions, and makes the Open Directory available to you to use under the following license agreement terms and conditions (`Open Directory License'). For purposes of this Open Directory License, `Open Directory' means only the Open Directory Project currently hosted at http://dmoz.org (or at another site as may be designated by Netscape in the future), and does not include any other versions of directories, even if referred to as an `Open Directory,' that may be hosted by Netscape on other web pages (e.g., Netscape Netcenter).
1. Basic License. Netscape grants you a non-exclusive, royalty-free license to use, reproduce, modify and create derivative works from, and distribute and publish the Open Directory and your derivative works thereof, subject to all of the terms and conditions of this Open Directory License. You may authorize others to exercise the foregoing rights; provided, however, that you must have an agreement with your sublicensees that passes on the requirements and obligations of Sections 2 and 4 below and which must include a limitation of liability provision no less protective of Netscape than Section 6 below.
Due to the nature of the content of the Open Directory, many third parties' trade names and trademarks will be identified within the content of the Open Directory (e.g., as part of URLs and description of link). Except for the limited license to use the Netscape attribution in Section 2 below, nothing herein shall be deemed to grant you any license to use any Netscape or third party trademark or tradename.
2. Attribution Requirement. As a material condition of this Open Directory License, you must provide the below applicable attribution statements on (1) all copies of the Open Directory, in whole or in part, and derivative works thereof which are either distributed (internally or otherwise) or published (made available on the Internet and/or internally over any internal network/intranet or otherwise), whether distributed or published electronically, on hard copy media or by any other means, and (2) on any program/web page from which you directly link to/access any information contained within the Open Directory, in whole or in part, or any derivative work thereof:
1. If the Open Directory in whole or in part, or any derivative work thereof, is made available via the Internet or internal network/intranet and/or information contained therein is directly accessed or linked via the Internet or internal network/intranet then you must provide the appropriate Netscape attribution statement as described in the page(s) at the URL(s): http://dmoz.org/become_an_editor.
2. If the Open Directory in whole or in part, or any derivative work thereof, is made available on any hard copy media (e.g., CD-ROM, diskette), you must place on the packaging a notice providing Netscape attribution as described in the page(s) at the URL(s): http://dmoz.org/become_an_editor. If there is no `packaging', the previous attribution notice should be placed conspicuously such that it would be reasonably viewed by the recipient of the Open Directory.
3. If you are using or distributing the Open Directory in modified form (i.e., with additions or deletions), you must include a statement indicating you have made modifications to it. Such statement should be placed with the attribution notices required by Sections 2(a) and 2(b) above.
Netscape grants you the non-exclusive, royalty-free license to use the above identified Netscape attribution statements solely for the purpose of the above attribution requirements, and such use must be in accordance with the usage guidelines that may be published by Netscape from time to time as part of the above URLs.
3. Right To Identify Licensee. You agree that Netscape has the right to publicly identify you as a user/licensee of the Open Directory.
4. Errors and Changes. From time to time Netscape may elect to post on the page(s) at the URL http://dmoz.org/become_an_editor certain specific changes to the Open Directory and/or above attribution statements, which changes may be to correct errors and/or remove content alleged to be improperly in the Open Directory. So long as you are exercising the license to Open Directory hereunder, you agree to use commercially reasonable efforts to check the page(s) at the URL http://dmoz.org/become_an_editor from time to time, and to use commercially reasonable efforts to make the changes/corrections/deletion of content from the Open Directory and/or attribution statements as may be indicated at such URL. Any changes to the Open Directory content posted at the page(s) at the URL http://dmoz.org/become_an_editor are part of Open Directory.
5. No Warranty/Use At Your Risk. THE OPEN DIRECTORY AND ANY NETSCAPE TRADEMARKS AND LOGOS CONTAINED WITH THE REQUIRED ATTRIBUTION STATEMENTS ARE MADE AVAILABLE UNDER THIS OPEN DIRECTORY LICENSE AT NO CHARGE. ACCORDINGLY, THE OPEN DIRECTORY AND THE NETSCAPE TRADEMARKS AND LOGOS ARE PROVIDED `AS IS,' WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE, DISTRIBUTION, MODIFICATION, REPRODUCTION AND PUBLICATION OF THE OPEN DIRECTORY AND ANY DERIVATIVE WORKS THEREOF BY YOU AND ANY OF YOUR SUBLICENSEES (COLLECTIVELY, `YOUR OPEN DIRECTORY USE'). THE ENTIRE RISK AS TO YOUR OPEN DIRECTORY USE IS BORNE BY YOU. YOU AGREE TO INDEMNIFY AND HOLD NETSCAPE, ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY CLAIMS ARISING FROM OR RELATING TO YOUR OPEN DIRECTORY USE.
6. Limitation of Liability. IN NO EVENT SHALL NETSCAPE, ITS SUBSIDIARIES OR AFFILIATES, OR THE OPEN DIRECTORY CONTRIBUTING EDITORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY, RELATING OR ARISING FROM THE OPEN DIRECTORY, YOUR OPEN DIRECTORY USE OR THIS OPEN DIRECTORY LICENSE AGREEMENT.
7. California Law. This Open Directory License will be governed by the laws of the State of California, excluding its conflict of laws provisions.
License Agreement
Redistribution of this software is permitted provided that the following
conditions are met:
1. Redistributions of source or binary code formats must retain the above
copyright notice.
2. Redistribution in any product and all advertising materials mentioning
features or use of this software must display the following acknowledgment:
“This product includes copyrighted software developed by E. Wray Johnson for use
and distribution by the Object Data Management Group (http://www.odmg.org/).”
No-Nonsense Disclaimer
THIS SOFTWARE IS FREE AND PROVIDED “AS-IS” BY THE AUTHOR E. WRAY JOHNSON WHO
ASSUMES LIABILITY TO THE EXTENT OF THE AMOUNT THAT IS HEREBY BEING CHARGED FOR
THE SOFTWARE.
Copyright (C) 1994-2001, OFFIS
This software and supporting documentation were developed by
Kuratorium OFFIS e.V.
Healthcare Information and Communication Systems
Escherweg 2
D-26121 Oldenburg, Germany
THIS SOFTWARE IS MADE AVAILABLE, AS IS, AND OFFIS MAKES NO WARRANTY
REGARDING THE SOFTWARE, ITS PERFORMANCE, ITS MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR USE, FREEDOM FROM ANY COMPUTER DISEASES OR
ITS CONFORMITY TO ANY SPECIFICATION. THE ENTIRE RISK AS TO QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH THE USER.
Copyright of the software and supporting documentation is, unless
otherwise stated, owned by OFFIS, and free access is hereby granted as
a license to use this software, copy this software and prepare
derivative works based upon this software. However, any distribution
of this software source code or supporting documentation or derivative
works (source code and supporting documentation) must include the
three paragraphs of this copyright notice.
This Font Software is licensed under the SIL Open Font License, Version 1.0.
with no Reserved Font Name for this Font Software.
No modification of the license is permitted, only verbatim copy is allowed.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.0 - 22 November 2005
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of cooperative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide an open
framework in which fonts may be shared and improved in partnership with
others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and sold with any software provided that the font
names of derivative works are changed. The fonts and derivatives,
however, cannot be released under any other type of license.
DEFINITIONS
"Font Software" refers to any and all of the following:
- font files
- data files
- source code
- build scripts
- documentation
"Reserved Font Name" refers to the Font Software name as seen by
users and any other names as specified after the copyright statement.
"Standard Version" refers to the collection of Font Software
components as distributed by the Copyright Holder.
"Modified Version" refers to any derivative font software made by
adding to, deleting, or substituting -- in part or in whole --
any of the components of the Standard Version, by changing formats
or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Standard or Modified Versions, may be sold by itself.
2) Standard or Modified Versions of the Font Software may be bundled,
redistributed and sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s), in part or in whole, unless explicit written permission is
granted by the Copyright Holder. This restriction applies to all
references stored in the Font Software, such as the font menu name and
other font description fields, which are used to differentiate the
font from others.
4) The name(s) of the Copyright Holder or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed using this license, and may not be distributed
under any other license.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
<Font Name> is a Reserved Font Name for this Font Software.
<Additional Font Name> is a Reserved Font Name for this Font Software.
This Font Software is licensed under the SIL Open Font License, Version 1.0.
No modification of the license is permitted, only verbatim copy is allowed.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.0 - 22 November 2005
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of cooperative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide an open
framework in which fonts may be shared and improved in partnership with
others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and sold with any software provided that the font
names of derivative works are changed. The fonts and derivatives,
however, cannot be released under any other type of license.
DEFINITIONS
"Font Software" refers to any and all of the following:
- font files
- data files
- source code
- build scripts
- documentation
"Reserved Font Name" refers to the Font Software name as seen by
users and any other names as specified after the copyright statement.
"Standard Version" refers to the collection of Font Software
components as distributed by the Copyright Holder.
"Modified Version" refers to any derivative font software made by
adding to, deleting, or substituting -- in part or in whole --
any of the components of the Standard Version, by changing formats
or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Standard or Modified Versions, may be sold by itself.
2) Standard or Modified Versions of the Font Software may be bundled,
redistributed and sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s), in part or in whole, unless explicit written permission is
granted by the Copyright Holder. This restriction applies to all
references stored in the Font Software, such as the font menu name and
other font description fields, which are used to differentiate the
font from others.
4) The name(s) of the Copyright Holder or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed using this license, and may not be distributed
under any other license.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.0 - 22 November 2005
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of cooperative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide an open
framework in which fonts may be shared and improved in partnership with
others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and sold with any software provided that the font
names of derivative works are changed. The fonts and derivatives,
however, cannot be released under any other type of license.
DEFINITIONS
"Font Software" refers to any and all of the following:
- font files
- data files
- source code
- build scripts
- documentation
"Reserved Font Name" refers to the Font Software name as seen by
users and any other names as specified after the copyright statement.
"Standard Version" refers to the collection of Font Software
components as distributed by the Copyright Holder.
"Modified Version" refers to any derivative font software made by
adding to, deleting, or substituting -- in part or in whole --
any of the components of the Standard Version, by changing formats
or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Standard or Modified Versions, may be sold by itself.
2) Standard or Modified Versions of the Font Software may be bundled,
redistributed and sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s), in part or in whole, unless explicit written permission is
granted by the Copyright Holder. This restriction applies to all
references stored in the Font Software, such as the font menu name and
other font description fields, which are used to differentiate the
font from others.
4) The name(s) of the Copyright Holder or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed using this license, and may not be distributed
under any other license.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
This Font Software is licensed under the SIL Open Font License, Version 1.1.
with no Reserved Font Name for this Font Software.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
with Reserved Font Name <Reserved Font Name>.
with Reserved Font Name <additional Reserved Font Name>.
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
OFRAK COMMUNITY LICENSE AGREEMENT
Version 1.0
Effective: August 8, 2022
Thank you for your interest in OFRAK (Open Firmware Reverse Analysis Konsole).
This OFRAK Community License Agreement (“Agreement”) provides users the right
to use OFRAK and its components for personal or academic, non-commercial use,
as detailed below. This includes educational purposes and non-funded academic
research. This Agreement does not permit use for any other purposes, including
commercial purposes. For any such use, you will need to reach out to Red
Balloon Security, Inc. at https://ofrak.com/license and request an OFRAK Pro
License, OFRAK Enterprise License or a custom agreement. Below are the details
regarding use of OFRAK. Note: As of August 2022, and for a limited period,
OFRAK Pro Licenses are available at no cost. RED BALLOON SECURITY, INC. (“RED
BALLOON”) IS ONLY WILLING TO LICENSE OFRAK AND RELATED DOCUMENTATION PURSUANT
TO THIS AGREEMENT. READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING AND
INSTALLING AND USING OFRAK. BY ACCESSING, INSTALLING, COPYING OR OTHERWISE
USING OFRAK, YOU ACKNOWLEDGE AND AGREE ON BEHALF OF YOURSELF AND YOUR
EMPLOYER/INSTITUTION (“YOU”) TO BE BOUND TO THIS AGREEMENT AND THAT YOU
ACKNOWLEDGE THAT THIS AGREEMENT CREATES A LEGALLY ENFORCEABLE CONTRACT AND
CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT
MODIFICATION. YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT
ON YOUR EMPLOYER’S BEHALF. IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND
CONDITIONS, DO NOT INSTALL, COPY OR USE OFRAK.
1. Definitions. 1.1 “OFRAK” consists of (a) the source code
repository for OFRAK, which can be found at
https://github.com/redballoonsecurity/ofrak; (b) the following Python
packages, which are also available via PyPI, the Python Package Index: ofrak,
ofrak_components, ofrak_io, ofrak_type, ofrak_patch_maker, ofrak_angr,
ofrak_binary_ninja, ofrak_ghidra; (c) the OFRAK graphical user interface (GUI);
(d) OFRAK documentation. OFRAK includes all updates, improvements, APIs and
add-ons provided by Red Balloon with respect thereto, which Red Balloon
specifies is licensed under this Community License Agreement. OFRAK is
presently made available in three formats: (i) source code repository, (ii)
PyPI Packages and (iii) Docker images with dependencies preinstalled.
1.2 “Academic Purposes” means use within a non-profit academic institution
by its then-current faculty and students for the purposes of non-profit
scholarly research, classroom and education, and not any other use (including
without limitation, directly or indirectly in connection with any commercial
activity such as, for example, sponsored research or consulting services).
Shared Use of OFRAK for an Academic Purpose is permitted only when (a) used for
educational purposes, (b) access is restricted and not provided to the general
public, (c) access is limited to employees and/or students of the same
institution involved in a specific educational activity, and (d) all users
accept and are subject to this Agreement.
1.3 “Non-Commercial Use” means personal research, evaluation, or
development use by an individual, and not use by or on behalf of any commercial
entity or organization or directly or indirectly in connection with any
commercial activity. For clarity, you cannot make money off of redistributing
OFRAK code (including Derivatives), OFRAK analysis, OFRAK-modified binaries, or
other OFRAK outputs. Non-Commercial Use also excludes any Shared Use.
1.4 “Commercial Use” means any use other than Academic Purposes or
Non-Commercial Use, including, without limitation, use for any commercial
purpose or by any commercial entity, including without limitation
redistributing the OFRAK code (including Derivatives), OFRAK analysis,
OFRAK-modified binaries, or other OFRAK outputs for any monetary or other
commercial consideration.
1.5 “Derivatives” means any modifications, additions, enhancements, or
derivative works of OFRAK or any component thereof. For purposes of this
Agreement, Derivatives shall not include works that remain separable from, or
merely link to, the interfaces of OFRAK or any Derivatives.
1.6 “Shared Use” means any use of OFRAK where the person who set up a
particular instance of OFRAK is not the same person interacting with that
instance of OFRAK, or where a single instance of OFRAK is used by more than one
person (whether on the same or different occasions). This includes, but is not
limited to, the use of OFRAK on a server that is accessible by more than one
person, or by any person other than the person who set up the use of OFRAK on
the said server.
2. License. Subject to the terms and conditions of this Agreement, Red
Balloon grants to you a nonexclusive, nonsublicensable, nontransferable,
no-charge, royalty-free, limited license to install, use, copy, modify, create
derivative works of OFRAK only for (a) Academic Purposes and (b) Non-Commercial
Use and to share Derivatives (i) publicly within the community (via publicly
available forks on GitHub.com), (ii) for Shared Use for an Academic Purpose,
and (iii) with Red Balloon, for the purposes stated in this Agreement. For
clarity, the foregoing license does not grant to you any right or license to
commercialize, distribute or use OFRAK, Derivatives, OFRAK code, OFRAK
analysis, OFRAK-modified binaries, or other OFRAK outputs for any other purpose
whatsoever, including Commercial Use, other than Academic Purposes or
Non-Commercial Use. In the event that you wish to use OFRAK for any other
purpose, including Commercial Use, you need to contact Red Balloon and enter
into a separate OFRAK Pro License, OFRAK Enterprise License or other custom
agreement. Except for the limited rights and licenses expressly granted
hereunder, no other license is granted, no other use is permitted.
3. Derivatives. To the extent that you prepare or create any Derivatives,
you shall and hereby grant to (a) all users of OFRAK a right and license to
such Derivatives upon the terms and conditions set forth in this Agreement and
(b) Red Balloon a perpetual, fully paid-up, royalty-free, worldwide and
irrevocable, right and license to use, copy, modify, enhance, prepare
derivative works of, distribute, with unlimited right to sublicense, make, have
made, sell, have sold, import, export and otherwise commercialize such
Derivatives. You acknowledge that Red Balloon may, but is not obligated to,
include your Derivatives in, and otherwise incorporate your Derivatives into,
the core OFRAK codebase. In the event that you create Derivatives, you must
(i) retain all copyright and other proprietary rights licenses included in the
original OFRAK code, and any other Derivatives, and (ii) make it clear that you
modified the original version of OFRAK. Red Balloon encourages you to make
your Derivatives available to the community by forking the OFRAK source code
repository on GitHub and publishing your Derivatives on your forked repository,
but you are not required to do so. You represent and warrant that you have
sufficient rights to any Derivatives and are legally entitled to grant the
above rights and licenses. If you are an individual and your
employer(s)/institution(s) have rights to intellectual property that you create
that includes your Derivatives, you represent that you have received permission
to make and contribute Derivatives on behalf of that employer/institution.
4. Ownership; Restrictions. Except as expressly and unambiguously set
forth herein, Red Balloon and its licensors and contributors retain all right,
title and interest in and to OFRAK, Derivatives, all copies, modifications and
derivative works thereof, including without limitation, all rights to patent,
copyright, trade secret and other proprietary or intellectual property rights
related to any of the foregoing. To the extent that you create any
Derivatives, subject to the rights and licenses granted herein, you retain
ownership of all right, title and interest in and to such Derivatives,
including without limitation, all intellectual property rights related to any
of the foregoing. You will maintain the copyright notice and any other notices
or identifications that appear on or in OFRAK and any Derivatives or any other
media or documentation that is subject to this Agreement. You will not (and
will not allow any third party to): (a) use OFRAK or any Derivatives, except
as expressly permitted in this Agreement, (b) provide, lease, lend, disclose,
use for timesharing or service bureau purposes, or otherwise use or allow
others to use for the benefit of any third party, OFRAK, (c) possess or use
OFRAK, or allow the transfer, transmission, export, or re-export of OFRAK or
portion thereof in violation of any export control laws or regulations
administered by the U.S. Commerce Department, U.S. Treasury Department’s Office
of Foreign Assets Control, or any other government agency, (d) use OFRAK in any
way that violates any applicable law, rule or regulation or for any illegal use
or activity; or (e) seek any patent or other intellectual property rights or
protections over or in connection with OFRAK or any Derivatives you create.
5. Feedback. In addition to Derivatives, you may, from time to time and
in your sole discretion, make suggestions for changes, modifications or
improvements to OFRAK (“Feedback”). Red Balloon shall have an irrevocable,
perpetual, worldwide, sublicenseable, transferable, full paid-up, royalty free
right and license to use, distribute and otherwise exploit all Feedback for any
purpose.
6. No Cost License. OFRAK and any Derivatives provided pursuant to this
Agreement shall be provided during the Term at no charge to you.
7. Services. No training or support services are provided under this Agreement.
Red Balloon may in its discretion respond to support inquiries through Red
Balloon’s support channels, such as Slack.
8. Term and Termination. This Agreement shall commence upon the initial
download of OFRAK and shall continue until and unless terminated as set forth
herein (the “Term”). This Agreement may be terminated by Red Balloon
immediately upon notice to you in the event that you breach any term or
condition of this Agreement. Upon any termination, you shall immediately cease
all use of OFRAK. This sentence and the following provisions will survive
termination: 1, 3 - 5 and 9 - 12. Termination is not an exclusive remedy and
all other remedies will remain available.
9. Warranty Disclaimer. The parties acknowledge that OFRAK is provided
“AS IS” and may not be functional on any machine or in any environment.
NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF ANY DERIVATIVES MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, AND RED BALLOON AND ANY CONTRIBUTOR OF ANY DERIVATIVES EXPRESSLY
EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM
PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED
WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF
TRADE. THIS AGREEMENT IS NOT INTENDED FOR USE OF OFRAK IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF OFRAK COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR
ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). USE OF OFRAK IN HIGH RISK
ACTIVITIES IS NOT AUTHORIZED PURSUANT TO THIS AGREEMENT. THE PARTIES AGREE
THAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT RED
BALLOON WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.
10. Limitations. NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF DERIVATIVES
SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF
DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B)
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS
OF PROFITS TO LICENSEE OR ANY THIRD PARTIES; (C) FOR ANY MATTER BEYOND ITS
REASONABLE CONTROL OR (D) FOR USE YOU OR OTHERS MAY MAKE OF OFRAK, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. You agree that (a) Red Balloon and any contributors
shall have no liability whatsoever for your use of OFRAK or any Derivatives and
(b) you shall indemnify, and hold harmless, and (upon request) defend Red
Balloon and any other user or contributor from and against any and all claims,
damages, liabilities, losses, and costs (including reasonable attorneys’ fees)
suffered or incurred by such party which arise from or relate to your (i) use
of OFRAK or Derivatives, or (ii) breach of this Agreement.
12. Miscellaneous. Neither this Agreement nor the licenses granted
hereunder are assignable or transferable by you; any attempt to do so shall be
void. Red Balloon may assign this Agreement in whole or in part. Any notice,
report, approval or consent required or permitted hereunder shall be in
writing. The provisions hereof are for the benefit of the parties only and not
for any other person or entity. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement shall be deemed to have been made in, and shall be
construed pursuant to the laws of the State of New York, without regard to
conflicts of laws provisions thereof, and without regard to the United Nations
Convention on the International Sale of Goods or the Uniform Computer
Information Transactions Act. Any waivers or amendments shall be effective only
if made in writing. This Agreement is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements and communications relating to the subject matter
of this Agreement.
OFRAK COMMUNITY LICENSE AGREEMENT
Version 1.1
Effective: July 22, 2024
RED BALLOON SECURITY, INC., A DELAWARE CORPORATION, WITH AN ADDRESS AT 639 11TH
AVENUE, 4TH FLOOR, NEW YORK, NY 10036, USA ("RED BALLOON") LICENSES OFRAK AND
RELATED DOCUMENTATION PURSUANT TO THE OFRAK COMMUNITY LICENSE AGREEMENT
(COLLECTIVELY WITH THE REGISTRATION FORM, THIS "AGREEMENT"). READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING, INSTALLING, COPYING AND USING OFRAK UNDER
THE OFRAK COMMUNITY AGREEMENT. BY TYPING "I AGREE" ON THE REGISTRATION FORM, OR
OTHERWISE ACCESSING, INSTALLING, COPYING OR OTHERWISE USING OFRAK, YOU
("LICENSEE") AGREE THAT THE REGISTRATION FORM SHALL BE DEEMED TO BE MUTUALLY
EXECUTED AND THE REGISTRATION FORM SHALL BE INCORPORATED INTO AND BECOME A
MATERIAL PART OF THE OFRAK COMMUNITY LICENSE AGREEMENT BETWEEN LICENSEE AND RED
BALLOON LOCATED AT https://ofrak.com/docs/license.html. YOU REPRESENT THAT YOU
ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF LICENSEE. IF LICENSEE DOES
NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, DO NOT TYPE "I AGREE", OR
OTHERWISE ACCESS, INSTALL, COPY OR USE OFRAK.
1. Definitions.
1.1 "OFRAK" consists of (a) the source code repository for OFRAK, which can
be found at https://github.com/red-balloon-security/ofrak; (b) the following
Python packages, which are also available via PyPI, the Python Package Index:
ofrak, ofrak_components, ofrak_io, ofrak_type, ofrak_patch_maker, ofrak_angr,
ofrak_binary_ninja, ofrak_ghidra; (c) the OFRAK graphical user interface (GUI);
and (d) OFRAK documentation. OFRAK includes all updates, improvements, APIs and
add-ons provided by Red Balloon with respect thereto that Red Balloon makes
available to Licensee under this OFRAK Pro Agreement. OFRAK is presently made
available in three formats: (i) source code repository, (ii) PyPI Packages and
(iii) Docker images with dependencies preinstalled.
1.2 "Academic Purposes" means use within a non-profit academic institution
by its then-current faculty and students for the purposes of non-profit
scholarly research, classroom and education, and not any other use (including
without limitation, directly or indirectly in connection with any commercial
activity such as, for example, sponsored research or consulting services).
Shared Use of OFRAK for an Academic Purpose is permitted only when (a) used for
educational purposes, (b) access is restricted and not provided to the general
public, (c) access is limited to employees and/or students of the same
institution involved in a specific educational activity, and (d) all users
accept and are subject to this Agreement.
1.3 "Non-Commercial Use" means personal research, evaluation, or
development use by an individual, and not use by or on behalf of any commercial
entity or organization or directly or indirectly in connection with any
commercial activity. For clarity, you cannot make money off of redistributing
OFRAK code (including Derivatives), OFRAK analysis, OFRAK-modified binaries, or
other OFRAK outputs. Non-Commercial Use also excludes any Shared Use.
1.4 "Commercial Use" means any use other than Academic Purposes or
Non-Commercial Use, including, without limitation, use for any commercial
purpose or by any commercial entity, including without limitation
redistributing the OFRAK code (including Derivatives), OFRAK analysis,
OFRAK-modified binaries, or other OFRAK outputs for any monetary or other
commercial consideration.
1.5 "Derivatives" means any modifications, additions, enhancements, or
derivative works of OFRAK or any component thereof. For purposes of this
Agreement, Derivatives shall not include works that remain separable from, or
merely link to, the interfaces of OFRAK or any Derivatives.
1.6 "Shared Use" means any use of OFRAK where the person who set up a
particular instance of OFRAK is not the same person interacting with that
instance of OFRAK, or where a single instance of OFRAK is used by more than one
person (whether on the same or different occasions). This includes, but is not
limited to, the use of OFRAK on a server that is accessible by more than one
person, or by any person other than the person who set up the use of OFRAK on
the said server.
2. License. Subject to the terms and conditions of this Agreement, Red
Balloon grants to you a nonexclusive, nonsublicensable, nontransferable,
no-charge, royalty-free, limited license to install, use, copy, modify, create
derivative works of OFRAK only for (a) Academic Purposes and (b) Non-Commercial
Use and to share Derivatives (i) publicly within the community (via publicly
available forks on GitHub.com), (ii) for Shared Use for an Academic Purpose,
and (iii) with Red Balloon, for the purposes stated in this Agreement. For
clarity, the foregoing license does not grant to you any right or license to
commercialize, distribute or use OFRAK, Derivatives, OFRAK code, OFRAK
analysis, OFRAK-modified binaries, or other OFRAK outputs for any other purpose
whatsoever, including Commercial Use, other than Academic Purposes or
Non-Commercial Use. In the event that you wish to use OFRAK for any other
purpose, including Commercial Use, you need to contact Red Balloon and enter
into a separate OFRAK Pro License, OFRAK Enterprise License or other custom
agreement. Except for the limited rights and licenses expressly granted
hereunder, no other license is granted, no other use is permitted.
3. Derivatives. To the extent that you prepare or create any Derivatives,
you shall and hereby grant to (a) all users of OFRAK a right and license to
such Derivatives upon the terms and conditions set forth in this Agreement and
(b) Red Balloon a perpetual, fully paid-up, royalty-free, worldwide and
irrevocable, right and license to use, copy, modify, enhance, prepare
derivative works of, distribute, with unlimited right to sublicense, make, have
made, sell, have sold, import, export and otherwise commercialize such
Derivatives. You acknowledge that Red Balloon may, but is not obligated to,
include your Derivatives in, and otherwise incorporate your Derivatives into,
the core OFRAK codebase. In the event that you create Derivatives, you must
(i) retain all copyright and other proprietary rights licenses included in the
original OFRAK code, and any other Derivatives, and (ii) make it clear that you
modified the original version of OFRAK. Red Balloon encourages you to make
your Derivatives available to the community by forking the OFRAK source code
repository on GitHub and publishing your Derivatives on your forked repository,
but you are not required to do so. You represent and warrant that you have
sufficient rights to any Derivatives and are legally entitled to grant the
above rights and licenses. If you are an individual and your
employer(s)/institution(s) have rights to intellectual property that you create
that includes your Derivatives, you represent that you have received permission
to make and contribute Derivatives on behalf of that employer/institution.
4. Ownership; Restrictions. Except as expressly and unambiguously set
forth herein, Red Balloon and its licensors and contributors retain all right,
title and interest in and to OFRAK, Derivatives prepared or created by Red
Balloon, all copies, modifications and derivative works thereof, including
without limitation, all rights to patent, copyright, trade secret and other
proprietary or intellectual property rights related to any of the foregoing.
To the extent that Licensee creates any Derivatives, subject to the rights and
licenses granted herein, Licensee retains ownership of all right, title and
interest in and to such Derivatives prepared or created by Licensee, including
without limitation, all intellectual property rights related to any of the
foregoing. Licensee will maintain the copyright notice and any other notices
or identifications that appear on or in OFRAK and any Derivatives or any other
media or documentation that is subject to this OFRAK Pro Agreement. Licensee
will not (and will not allow any third party to): (a) use OFRAK or any
Derivatives, except as expressly permitted in this OFRAK Pro Agreement, (b)
provide, lease, lend, disclose, use for timesharing or service bureau purposes,
or otherwise use or allow others to use for the benefit of any third party,
OFRAK, (c) possess or use OFRAK, or allow the transfer, transmission, export,
or re-export of OFRAK or portion thereof in violation of any export control
laws or regulations administered by the U.S. Commerce Department, U.S. Treasury
Department’s Office of Foreign Assets Control, or any other government agency,
(d) use OFRAK in any way that violates any applicable law, rule or regulation
or for any illegal use or activity, or (e) seek any patent or other
intellectual property rights or protections over or in connection with OFRAK or
any Derivatives that Licensee prepares or creates.
5. Feedback. In addition to Derivatives, you may, from time to time and
in your sole discretion, make suggestions for changes, modifications or
improvements to OFRAK ("Feedback"). Red Balloon shall have an irrevocable,
perpetual, worldwide, sublicenseable, transferable, full paid-up, royalty free
right and license to use, distribute and otherwise exploit all Feedback for any
purpose.
6. No Cost License. OFRAK and any Derivatives provided pursuant to this
Agreement shall be provided during the Term at no charge to you. 7.
Services. No training or support services are provided under this Agreement.
Red Balloon may in its discretion respond to support inquiries through Red
Balloon’s support channels, such as Slack.
8. Term and Termination. This Agreement shall commence upon the initial
download of OFRAK and shall continue until and unless terminated as set forth
herein (the "Term"). This Agreement may be terminated by Red Balloon
immediately upon notice to you in the event that you breach any term or
condition of this Agreement. Upon any termination, you shall immediately cease
all use of OFRAK. This sentence and the following provisions will survive
termination: 1, 3 - 5 and 9 - 12. Termination is not an exclusive remedy and
all other remedies will remain available.
9. Warranty Disclaimer. The parties acknowledge that OFRAK is provided
"AS IS" and may not be functional on any machine or in any environment.
NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF ANY DERIVATIVES MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, AND RED BALLOON AND ANY CONTRIBUTOR OF ANY DERIVATIVES EXPRESSLY
EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM
PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED
WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF
TRADE. THIS AGREEMENT IS NOT INTENDED FOR USE OF OFRAK IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF OFRAK COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR
ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). USE OF OFRAK IN HIGH RISK
ACTIVITIES IS NOT AUTHORIZED PURSUANT TO THIS AGREEMENT. THE PARTIES AGREE
THAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT RED
BALLOON WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.
10. Limitations. NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF DERIVATIVES
SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF
DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B)
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS
OF PROFITS TO LICENSEE OR ANY THIRD PARTIES; (C) FOR ANY MATTER BEYOND ITS
REASONABLE CONTROL OR (D) FOR USE YOU OR OTHERS MAY MAKE OF OFRAK, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. You agree that (a) Red Balloon and any contributors
shall have no liability whatsoever for your use of OFRAK or any Derivatives and
(b) you shall indemnify, and hold harmless, and (upon request) defend Red
Balloon and any other user or contributor from and against any and all claims,
damages, liabilities, losses, and costs (including reasonable attorneys’ fees)
suffered or incurred by such party which arise from or relate to your (i) use
of OFRAK or Derivatives, or (ii) breach of this Agreement.
12. Miscellaneous. Neither this Agreement nor the licenses granted
hereunder are assignable or transferable by you; any attempt to do so shall be
void. Red Balloon may assign this Agreement in whole or in part. Any notice,
report, approval or consent required or permitted hereunder shall be in
writing. The provisions hereof are for the benefit of the parties only and not
for any other person or entity. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement shall be deemed to have been made in, and shall be
construed pursuant to the laws of the State of New York, without regard to
conflicts of laws provisions thereof, and without regard to the United Nations
Convention on the International Sale of Goods or the Uniform Computer
Information Transactions Act. Any waivers or amendments shall be effective only
if made in writing. This Agreement is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements and communications relating to the subject matter
of this Agreement.
OFRAK PRO LICENSE AGREEMENT
Version 1.0
Effective: July 22, 2024
RED BALLOON SECURITY, INC., A DELAWARE CORPORATION, WITH AN ADDRESS AT 639 11TH
AVENUE, 4TH FLOOR, NEW YORK, NY 10036, USA ("RED BALLOON") LICENSES OFRAK AND
RELATED DOCUMENTATION PURSUANT TO THE OFRAK PRO LICENSE AGREEMENT (COLLECTIVELY
WITH THE REGISTRATION FORM, THIS "AGREEMENT"). READ THIS AGREEMENT CAREFULLY
BEFORE ACCESSING, INSTALLING, COPYING AND USING OFRAK UNDER THE OFRAK PRO
AGREEMENT. BY TYPING "I AGREE" ON THE REGISTRATION FORM, OR OTHERWISE
ACCESSING, INSTALLING, COPYING OR OTHERWISE USING OFRAK, YOU ("LICENSEE") AGREE
THAT THE REGISTRATION FORM SHALL BE DEEMED TO BE MUTUALLY EXECUTED AND THE
REGISTRATION FORM SHALL BE INCORPORATED INTO AND BECOME A MATERIAL PART OF THE
OFRAK PRO LICENSE AGREEMENT BETWEEN LICENSEE AND RED BALLOON LOCATED AT
https://ofrak.com/docs/license.html. YOU REPRESENT THAT YOU ARE AUTHORIZED TO
ACCEPT THIS AGREEMENT ON BEHALF OF LICENSEE. IF LICENSEE DOES NOT AGREE TO THE
FOREGOING TERMS AND CONDITIONS, DO NOT TYPE "I AGREE", OR OTHERWISE ACCESS,
INSTALL, COPY OR USE OFRAK.
1. Definitions.
1.1 "OFRAK" consists of (a) the source code repository for OFRAK, which can
be found at https://github.com/red-balloon-security/ofrak; (b) the following
Python packages, which are also available via PyPI, the Python Package Index:
ofrak, ofrak_components, ofrak_io, ofrak_type, ofrak_patch_maker, ofrak_angr,
ofrak_binary_ninja, ofrak_ghidra; (c) the OFRAK graphical user interface (GUI);
and (d) OFRAK documentation. OFRAK includes all updates, improvements, APIs and
add-ons provided by Red Balloon with respect thereto that Red Balloon makes
available to Licensee under this OFRAK Pro Agreement. OFRAK is presently made
available in three formats: (i) source code repository, (ii) PyPI Packages and
(iii) Docker images with dependencies preinstalled.
1.2 "Academic Purposes" means use within a non-profit academic institution
by its then-current faculty and students for the purposes of non-profit
scholarly research, classroom and education, and not any other use (including
without limitation, directly or indirectly in connection with any commercial
activity such as, for example, sponsored research or consulting services).
1.3 "Authorized User(s)" means any user(s) named in the license file.
1.4 "Commercial Use" means any use other than Academic Purposes or Limited
Commercial Use, and any use other than by an Authorized User, including without
limitation redistributing the OFRAK code (including Derivatives), OFRAK
analysis, OFRAK-modified binaries, or other OFRAK outputs for use outside of a
consulting engagement of Licensee or volume redistribution of any
OFRAK-modified binaries.
1.5 "Derivatives" means any modifications, additions, enhancements, or
derivative works of OFRAK or any component thereof. For purposes of this OFRAK
Pro Agreement, Derivatives shall not include works that remain separable from,
or merely link to, the interfaces of OFRAK or any Derivatives.
1.6 "Limited Commercial Use" means internal business use by any Authorized
User of OFRAK during the term specified in the license file (the "Term"), which
includes use of OFRAK in exchange for monetary and other consideration (such as
security research purposes) and redistribution of (i) OFRAK analysis, (ii)
other OFRAK outputs, and (iii) OFRAK-modified binaries to an end-user for such
end user’s internal use, in each case in connection with consulting engagements
entered into between Licensee and such end user. For clarity, neither Licensee
nor the end user shall have the right to further redistribute OFRAK-modified
binaries outside of such end-user.
2. License. Subject to the terms and conditions of this OFRAK Pro
Agreement, Red Balloon grants to Licensee a nonexclusive, nonsublicensable,
nontransferable, royalty-free, limited license during the term specified in the
license file ("Term") to install, use, copy, modify and create Derivatives of
OFRAK only by Authorized Users (a) for Academic Purposes, (b) for Limited
Commercial Use and (c) to share Derivatives (i) publicly within the community
(via publicly available forks on GitHub.com), (ii) for an Academic Purpose, and
(iii) with Red Balloon, for the purposes stated in this OFRAK Pro Agreement.
For clarity, the foregoing license does not grant to Licensee any other right
or license to commercialize, distribute or use OFRAK for any other purpose
whatsoever, including Commercial Use. In the event that Licensee wishes to use
OFRAK for any other purpose, including Commercial Use, Licensee needs to
contact Red Balloon and enter into a separate OFRAK Enterprise License or other
custom agreement. Except for the limited rights and licenses expressly granted
hereunder, no other license is granted, no other use is permitted.
3. Derivatives. To the extent that Licensee prepares or creates any
Derivatives, Licensee shall and hereby grant to (a) all users of OFRAK a right
and license to such Derivatives upon the terms and conditions set forth in the
OFRAK Community License, located at https://ofrak.com/docs/license.html and (b)
Red Balloon a perpetual, fully paid-up, royalty-free, worldwide and
irrevocable, right and license to use, copy, modify, enhance, prepare
derivative works of, distribute, with unlimited right to sublicense, make, have
made, sell, have sold, import, export and otherwise commercialize such
Derivatives. Licensee acknowledges that Red Balloon may, but is not obligated
to, include Licensee’s Derivatives in, and otherwise incorporate Licensee’s
Derivatives into, the core OFRAK codebase. In the event that Licensee creates
Derivatives, Licensee must (i) retain all copyright and other proprietary
rights licenses included in the original OFRAK code, and any other Derivatives,
and (ii) make it clear that Licensee modified the original version of OFRAK.
Red Balloon encourages Licensee to make Licensee’s Derivatives available to the
community by forking the OFRAK source code repository on GitHub and publishing
Licensee’s Derivatives on Licensee’s forked repository, but Licensee is not
required to do so. Licensee represents and warrants that Licensee has
sufficient rights to any Derivatives and is legally entitled to grant the above
rights and licenses.
4. Ownership; Restrictions. Except as expressly and unambiguously set
forth herein, Red Balloon and its licensors and contributors retain all right,
title and interest in and to OFRAK, Derivatives prepared or created by Red
Balloon, all copies, modifications and derivative works thereof, including
without limitation, all rights to patent, copyright, trade secret and other
proprietary or intellectual property rights related to any of the foregoing.
To the extent that Licensee creates any Derivatives, subject to the rights and
licenses granted herein, Licensee retains ownership of all right, title and
interest in and to such Derivatives prepared or created by Licensee, including
without limitation, all intellectual property rights related to any of the
foregoing. Licensee will maintain the copyright notice and any other notices
or identifications that appear on or in OFRAK and any Derivatives or any other
media or documentation that is subject to this OFRAK Pro Agreement. Licensee
will not (and will not allow any third party to): (a) use OFRAK or any
Derivatives, except as expressly permitted in this OFRAK Pro Agreement, (b)
provide, lease, lend, disclose, use for timesharing or service bureau purposes,
or otherwise use or allow others to use for the benefit of any third party,
OFRAK, (c) possess or use OFRAK, or allow the transfer, transmission, export,
or re-export of OFRAK or portion thereof in violation of any export control
laws or regulations administered by the U.S. Commerce Department, U.S. Treasury
Department’s Office of Foreign Assets Control, or any other government agency,
(d) use OFRAK in any way that violates any applicable law, rule or regulation
or for any illegal use or activity, or (e) seek any patent or other
intellectual property rights or protections over or in connection with OFRAK or
any Derivatives that Licensee prepares or creates.
5. Feedback. In addition to Derivatives prepared or created by Licensee,
Licensee may, from time to time and in Licensee’s sole discretion, make
suggestions for changes, modifications or improvements to OFRAK ("Feedback").
Red Balloon shall have an irrevocable, perpetual, worldwide, sublicenseable,
transferable, full paid-up, royalty free right and license to use, distribute
and otherwise exploit all Feedback for any purpose.
6. Fees. Licensee agrees to pay Red Balloon all fees and other charges in
the amounts and at the times specified by Red Balloon in writing (without
deduction, set-off, or counterclaim).
7. Services. No training or support services are provided under this
OFRAK Pro Agreement. Red Balloon may in its discretion respond to support
inquiries through Red Balloon’s support channels, such as Slack.
8. Term and Termination. This OFRAK Pro Agreement shall commence upon the
date of license issue set forth in the license file and shall continue for the
Term unless terminated as set forth herein. This OFRAK Pro Agreement may be
terminated by Red Balloon immediately upon notice to Licensee in the event that
Licensee breaches any term or condition of this OFRAK Pro Agreement. Upon
expiration or any termination, Licensee shall immediately cease all use of
OFRAK. This sentence and the following provisions will survive termination: 1,
3 - 5 and 9 - 12. Termination is not an exclusive remedy and all other remedies
will remain available.
9. Warranty Disclaimer. The parties acknowledge that OFRAK is provided
"AS IS" and may not be functional on any machine or in any environment.
NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF ANY DERIVATIVES MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, AND RED BALLOON AND ANY CONTRIBUTOR OF ANY DERIVATIVES EXPRESSLY
EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM
PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED
WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF
TRADE. THIS OFRAK PRO AGREEMENT IS NOT INTENDED FOR USE OF OFRAK IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF OFRAK COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR
ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). USE OF OFRAK IN HIGH RISK
ACTIVITIES IS NOT AUTHORIZED PURSUANT TO THIS OFRAK PRO AGREEMENT. THE PARTIES
AGREE THAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT
RED BALLOON WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.
10. Limitations. NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF DERIVATIVES
SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS OFRAK
PRO AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF
DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B)
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS
OF PROFITS TO LICENSEE OR ANY THIRD PARTIES; (C) FOR ANY MATTER BEYOND ITS
REASONABLE CONTROL OR (D) FOR USE THAT LICENSEE OR OTHERS MAY MAKE OF OFRAK,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. Licensee agrees that (a) Red Balloon and any
contributors shall have no liability whatsoever for Licensee’s use of OFRAK or
any Derivatives and (b) Licensee shall indemnify, and hold harmless, and (upon
request) defend Red Balloon and any other user or contributor from and against
any and all claims, damages, liabilities, losses, and costs (including
reasonable attorneys’ fees) suffered or incurred by such party which arise from
or relate to Licensee’s (i) use of OFRAK or Derivatives, or (ii) breach of this
OFRAK Pro Agreement.
12. Miscellaneous. Neither this OFRAK Pro Agreement nor the licenses
granted hereunder are assignable or transferable by Licensee; any attempt to do
so shall be void. Red Balloon may assign this OFRAK Pro Agreement in whole or
in part. Any notice, report, approval or consent required or permitted
hereunder shall be in writing. The provisions hereof are for the benefit of
the parties only and not for any other person or entity. If any provision of
this OFRAK Pro Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this OFRAK Pro Agreement
shall otherwise remain in full force and effect and enforceable. This OFRAK
Pro Agreement shall be deemed to have been made in, and shall be construed
pursuant to the laws of the State of New York, without regard to conflicts of
laws provisions thereof, and without regard to the United Nations Convention on
the International Sale of Goods or the Uniform Computer Information
Transactions Act. Any waivers or amendments shall be effective only if made in
writing. This OFRAK Pro Agreement is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements and communications relating to the subject matter
of this OFRAK Pro Agreement. In the event of any conflict between this OFRAK
Pro License Agreement and the OFRAK Community License Agreement, located at
https://ofrak.com/docs/license.html, this OFRAK Pro Agreement shall control.
OGC Software License, Version 1.0
This OGC work (including software, documents, or other related items) is being
provided by the copyright holders under the following license. By obtaining,
using and/or copying this work, you (the licensee) agree that you have read,
understood, and will comply with the following terms and conditions:
Permission to use, copy, and modify this software and its documentation, with or
without modification, for any purpose and without fee or royalty is hereby
granted, provided that you include the following on ALL copies of the software
and documentation or portions thereof, including modifications, that you make:
1. The full text of this NOTICE in a location viewable to users of the
redistributed or derivative work.
2. Any pre-existing intellectual property disclaimers, notices, or terms and
conditions. If none exist, a short notice of the following form (hypertext is
preferred, text is permitted) should be used within the body of any redistributed
or derivative code: "Copyright © [$date-of-document] Open Geospatial Consortium, Inc.
All Rights Reserved. http://www.ogc.org/ogc/legal
(Hypertext is preferred, but a textual representation is permitted.)
3. Notice of any changes or modifications to the OGC files, including the date
changes were made. (We recommend you provide URIs to the location from which the
code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising or
publicity pertaining to the software without specific, written prior permission.
Title to copyright in this software and any associated documentation will at all
times remain with copyright holders.
This OGC work (including software, documents, or other related items) is being
provided by the copyright holders under the following license. By obtaining,
using and/or copying this work, you (the licensee) agree that you have read,
understood, and will comply with the following terms and conditions:
Permission to use, copy, and modify this software and its documentation, with or
without modification, for any purpose and without fee or royalty is hereby
granted, provided that you include the following on ALL copies of the software
and documentation or portions thereof, including modifications, that you make:
1. The full text of this NOTICE in a location viewable to users of the
redistributed or derivative work.
2. Any pre-existing intellectual property disclaimers, notices, or terms and
conditions. If none exist, a short notice of the following form (hypertext is
preferred, text is permitted) should be used within the body of any
redistributed or derivative code: "Copyright © [$date-of-document] Open
Geospatial Consortium, Inc. All Rights Reserved.
http://www.opengeospatial.org/ogc/legal (Hypertext is preferred, but a textual
representation is permitted.)
3. Notice of any changes or modifications to the OGC files, including the date
changes were made. (We recommend you provide URIs to the location from which the
code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising or
publicity pertaining to the software without specific, written prior permission.
Title to copyright in this software and any associated documentation will at all
times remain with copyright holders.
Document Notice
Public documents on the OGC site are provided by the copyright holders under the
following license. The software or Document Type Definitions (DTDs) associated
with OGC specifications are governed by the Software Notice. By using and/or
copying this document, or the OGC document from which this statement is linked,
you (the licensee) agree that you have read, understood, and will comply with
the following terms and conditions:
Permission to use, copy, and distribute the contents of this document, or the
OGC document from which this statement is linked, in any medium for any purpose
and without fee or royalty is hereby granted, provided that you include the
following on ALL copies of the document, or portions thereof, that you use:
1. Include a link or URL to the original OGC document.
2. The pre-existing copyright notice of the original author, or if it doesn't
exist, a notice of the form: "Copyright © <date-of-document> Open
Geospatial Consortium, Inc. All Rights Reserved.
http://www.opengeospatial.org/ogc/document (Hypertext is preferred, but a
textual representation is permitted.)
3. If it exists, the STATUS of the OGC document.
When space permits, inclusion of the full text of this NOTICE should be
provided. We request that authorship attribution be provided in any software,
documents, or other items or products that you create pursuant to the
implementation of the contents of this document, or any portion thereof.
No right to create modifications or derivatives of OGC documents is granted
pursuant to this license. However, if additional requirements (documented in the
Copyright FAQ) are satisfied, the right to create modifications or derivatives
is sometimes granted by the OGC to individuals complying with those requirements.
THIS DOCUMENT IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;
THAT THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE
IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS,
COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DOCUMENT OR THE PERFORMANCE
OR IMPLEMENTATION OF THE CONTENTS THEREOF.
The name and trademarks of copyright holders may NOT be used in advertising or
publicity pertaining to this document or its contents without specific, written
prior permission. Title to copyright in this document will at all times remain
with copyright holders.
This OGC work (including software, documents, or other related items) is being
provided by the copyright holders under the following license. By obtaining,
using and/or copying this work, you (the licensee) agree that you have read,
understood, and will comply with the following terms and conditions:
Permission to use, copy, and modify this software and its documentation, with or
without modification, for any purpose and without fee or royalty is hereby
granted, provided that you include the following on ALL copies of the software
and documentation or portions thereof, including modifications, that you make:
1. The full text of this NOTICE in a location viewable to users of the
redistributed or derivative work.
2. Notice of any changes or modifications to the OGC files, including the date
changes were made. (We recommend you provide URIs to the location from which the
code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising or
publicity pertaining to the software without specific, written prior permission.
Title to copyright in this software and any associated documentation will at all
times remain with copyright holders.
Open Government Data License, version 1.0
The Open Government Data License (the License) is intended to facilitate government data sharing and application among the public in outreaching and promotion method, and to advance government service efficacy and government data value and quality in collaboration with the creative private sector.
1. Definition
1.1. "Data Providing Organization" refers to government agency, government-owned business, public school and administrative legal entity that has various types of electronic data released to the public under the License when it is obtained or made in the scope of performance for public duties.
1.2. "User" refers to individual, legal entity or group that receives and uses Open Data under the License, including individual, legal entity or group who is receiving and using Open Data as the recipient of the former Users under the sublicensing scenario.
1.3. "Open Data" means data that the Data Providing Organization owns its copyright in whole or has full authority to provide it to third parties in sublicensing way, and provides it in an open and modifiable form such that there are no unnecessary technological obstacles to the performance of the licensed rights, including but not limited to the following creation protected by copyright:
a. "Compilation Work" means a work formed by the creative selection and arrangement of data, and can be protected by copyright law, such as database or other qualified structured data combination.
b. "Material" means a separate work, that is collected into the Open Data aggregation and can be protected by copyright law independently.
1.4. "Derivative Work" means any adaptation based upon the Open Data provided under the License and in which the original data is reproduced, adapted, compiled, or otherwise modified.
1.5. "Information" means the pure record that is not subject to copyright law and providing along with the Open Data. Accordingly, the granting of copyright license hereunder does not apply to such Information, however, other provisions of the License shall be applied to it as well as to the Open Data.
2. Grant of Copyright License
2.1. The Data Providing Organization grants User a perpetual, worldwide, non-exclusive, irrevocable, royalty-free copyright license to reproduce, distribute, publicly transmit, publicly broadcast, publicly recite, publicly present, publicly perform, compile, adapt to the Open Data provided for any purpose, including but not limited to making all kinds of Derivative Works either as products or services.
2.2. User can sublicense the copyrights which he/she is granted through 2.1. to others.
2.3. Any additional written offer or other formality for copyright license from the Data Providing Organization is not required, if User makes use of Open Data in compliance with the License.
2.4. The License does not grant any rights in the patents and trademarks.
3. Condition and Obligation
3.1. By utilizing the Open Data provided under the License, User indicates his/her acceptance of this License and all its terms and conditions overall to do so, and shall make the reasonable efforts with respect to moral right protection of the third parties involved.
3.2. When User makes use of the Open Data and its Derivative Work, he/she must make an explicit notice of statement as attribution requested in the Exhibit below by the Data Providing Organization. If User fails to comply with the attribution requirement, the rights granted under this License shall be deemed to have been void ab initio.
4. License Version and Compatibility
4.1. When a new version of the License has been updated and declared, if not the Data Providing Organization has already appointed a specific version of the License for the Open Data it provided, User may make use of the Open Data under the terms of the version of the License under which he/she originally received, or under the terms of any subsequent version published thereafter.
4.2. The License is compatible with the Creative Commons Attribution License 4.0 International. This means that when the Open Data is provided under the License, User automatically satisfies the conditions of this License when he/she makes use of the Open Data in compliance with the Creative Commons Attribution License 4.0 International thereafter.
5. Cessation of Data Providing
5.1. Under the circumstances described hereunder, the Data Providing Organization may cease to provide all or part of a specific Open Data, and User shall not claim any damages or compensations on account of that to the provider:
a. It has been evaluated by the Data Providing Organization that continuously providing of a specific Open Data as not being met the requirement of public interest due to the change of circumstances unpredictable or for a legitimate cause.
b. A provided Open Data might jeopardize third parties' intellectual property rights, privacy rights, or other interests protected at law.
6. Disclaimer
6.1. The providing of Open Data under the License shall not be construed as any statement, warranty, or implication to the recommendation, permission, approval, or sanction of all kinds of authoritative declaration of intention made by the Data Providing Organization. And the Data Providing Organization shall only be liable to make the correcting and updating when the errors or omissions of Open Data provided by it has been acknowledged.
6.2. The Data Providing Organization shall not be liable for damage or loss User encounters when he/she makes use of the Open Data provided under the License. This disclaimer applies as well when User has third parties encountered damage or loss and thus has been claimed for remedies. Unless otherwise specified according to law, the Data Providing Organization shall not be held responsible for any damages or compensations herein.
6.3. User shall be liable for the damages to the Data Providing Organization, if he/she has used the Open Data provided wrongfully due to an intentional or negligent misconduct and caused damages to the Data Providing Organization. The same reimbursement rule for wrongful misconducting shall be applied to the User when the damaged one is a third party and the compensations have already been disbursed by the Data Providing Organization to the third party due to a legal claim.
7. Governing Law
7.1. The interpretation, validity, enforcement and matters not mentioned herein for the License is governed by the Laws of Republic of China (Taiwan).
Exhibit - Attribution
a. Data Providing Organization/Agency [year] [distinguishing full name of the released Open Data and its version number]
b. The Open Data is made available to the public under the Open Government Data License, User can make use of it when complying to the condition and obligation of its terms.
c. Open Government Data License:https://data.gov.tw/license
OPEN GAME LICENSE Version 1.0a
The following text is the property of Wizards of the Coast, Inc. and is
Copyright 2000 Wizards of the Coast, Inc ("Wizards"). All Rights Reserved.
1. Definitions: (a) "Contributors" means the copyright and/or trademark owners
who have contributed Open Game Content; (b) "Derivative Material" means
copyrighted material including derivative works and translations (including into
other computer languages), potation, modification, correction, addition,
extension, upgrade, improvement, compilation, abridgment or other form in which
an existing work may be recast, transformed or adapted; (c) "Distribute" means
to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit
or otherwise distribute; (d) "Open Game Content" means the game mechanic and
includes the methods, procedures, processes and routines to the extent such
content does not embody the Product Identity and is an enhancement over the
prior art and any additional content clearly identified as Open Game Content by
the Contributor, and means any work covered by this License, including
translations and derivative works under copyright law, but specifically excludes
Product Identity; (e) "Product Identity" means product and product line names,
logos and identifying marks including trade dress; artifacts; creatures;
characters; stories, storylines, plots, thematic elements, dialogue, incidents,
language, artwork, symbols, designs, depictions, likenesses, formats, poses,
concepts, themes and graphic, photographic and other visual or audio
representations; names and descriptions of characters, spells, enchantments,
personalities, teams, personas, likenesses and special abilities; places,
locations, environments, creatures, equipment, magical or supernatural abilities
or effects, logos, symbols, or graphic designs; and any other trademark or
registered trademark clearly identified as Product Identity by the owner of the
Product Identity, and which specifically excludes the Open Game Content; (f)
"Trademark" means the logos, names, mark, sign, motto, designs that are used by
a Contributor to identify itself or its products or the associated products
contributed to the Open Game License by the Contributor; (g) "Use", "Used" or
"Using" means to use, Distribute, copy, edit, format, modify, translate and
otherwise create Derivative Material of Open Game Content; (h) "You" or "Your"
means the licensee in terms of this agreement.
2. The License: This License applies to any Open Game Content that contains a
notice indicating that the Open Game Content may only be Used under and in terms
of this License. You must affix such a notice to any Open Game Content that You
Use. No terms may be added to or subtracted from this License except as
described by the License itself. No other terms or conditions may be applied to
any Open Game Content Distributed using this License.
3. Offer and Acceptance: By Using the Open Game Content You indicate Your
acceptance of the terms of this License.
4. Grant and Consideration: In consideration for agreeing to use this License,
the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive
license with the exact terms of this License to Use, the Open Game Content.
5. Representation of Authority to Contribute: If You are contributing original
material as Open Game Content, You represent that Your contributions are Your
original creation and/or You have sufficient rights to grant the rights conveyed
by this License.
6. Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of
this License to include the exact text of the COPYRIGHT NOTICE of any Open Game
Content You are copying, modifying or Distributing, and You must add the title,
the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of
any original Open Game Content You Distribute.
7. Use of Product Identity: You agree not to Use any Product Identity, including
as an indication as to compatibility, except as expressly licensed in another,
independent agreement with the owner of each element of that Product Identity.
You agree not to indicate compatibility or co-adaptability with any Trademark or
registered Trademark in conjunction with a work containing Open Game Content
except as expressly licensed in another, independent agreement with the owner of
such Trademark or registered Trademark. The Use of any Product Identity in Open
Game Content does not constitute a challenge to the ownership of that Product
Identity. The owner of any Product Identity Used in Open Game Content shall
retain all rights, title and interest in and to that Product Identity.
8. Identification: If You Distribute Open Game Content You must clearly indicate
which portions of the work that You are Distributing are Open Game Content.
9. Updating the License: Wizards or its designated Agents may publish updated
versions of this License. You may use any authorized version of this License to
copy, modify and Distribute any Open Game Content originally Distributed under
any version of this License.
10. Copy of this License: You MUST include a copy of this License with every
copy of the Open Game Content You Distribute.
11. Use of Contributor Credits: You may not market or advertise the Open Game
Content using the name of any Contributor unless You have written permission
from the Contributor to do so.
12. Inability to Comply: If it is impossible for You to comply with any of the
terms of this License with respect to some or all of the Open Game Content due
to statute, judicial order, or governmental regulation then You may not Use any
Open Game Material so affected.
13. Termination: This License will terminate automatically if You fail to comply
with all terms herein and fail to cure such breach within 30 days of becoming
aware of the breach. All sublicenses shall survive the termination of this
License.
14. Reformation: If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable.
15. COPYRIGHT NOTICE
Open Game License v 1.0a Copyright 2000, Wizards of the Coast, Inc.
Licence du gouvernement ouvert – Canada
Nous vous encourageons à utiliser l'Information offerte en vertu de la présente licence, sous réserve de quelques conditions.
Utilisation de l'Information visée par cette licence
L'utilisation de l'Information indique que vous acceptez les modalités énoncées ci-dessous.
Le Fournisseur d’information vous octroie une licence mondiale, libre de redevances, perpétuelle et non exclusive pour l'utilisation de l'Information, y compris à des fins commerciales, sous réserve des modalités énoncées ci-dessous.
Vous êtes libre :
de copier, de modifier, de publier, de traduire, d’adapter, de distribuer ou d’utiliser autrement l'Information, quel que soit le support, mode ou format employé, à toutes fins légitimes.
Vous êtes tenu, lorsque vous exercez l'une ou l'autre des activités susmentionnées :
de reconnaître la source de l'Information en ajoutant tout énoncé d'attribution précisé par le ou les fournisseurs d'information et, lorsque possible, de fournir un lien vers cette licence.
Si le Fournisseur d'information ne vous fournit pas un énoncé d'attribution précis, ou si vous utilisez de l'Information provenant de plusieurs fournisseurs d'information et que la présence de multiples énoncés ne se prête pas à votre produit ou à votre application, vous devez utiliser l'énoncé d'attribution suivant :
Contient de l'information visée par la Licence du gouvernement ouvert – Canada.
Les modalités de cette licence sont importantes, et si vous ne respectez pas l'une ou l'autre d'entre elles, les droits qui vous sont concédés aux termes de la présente licence ou de toute autre licence semblable octroyée par le Fournisseur d’information vous seront retirés automatiquement.
Exemptions
La présente licence ne confère pas le droit d'utiliser :
des Renseignements personnels;
des droits de tierces parties que le Fournisseur d'information n'est pas autorisé à accorder;
les noms, les emblèmes, les logos ou d'autres symboles officiels du Fournisseur d’information;
l'Information qui est assujettie à d'autres droits de propriété intellectuelle, y compris les brevets, les marques de commerce et les marques officielles.
Non-approbation
La présente licence ne vous accorde pas le droit d’utiliser l’Information de manière à suggérer un statut officiel ou laisser entendre que le Fournisseur d’information vous appuie ou approuve votre utilisation de l’Information.
Absence de garantie
L'Information est offerte sous licence « telle quelle » et le Fournisseur d'information, ni implicitement ni expressément, ne fait aucune déclaration, n'accorde aucune garantie et n'assume aucune obligation ou responsabilité dans la mesure où la loi le lui permet.
Le Fournisseur d'information ne peut être tenu responsable de la présence d'erreurs ou d'omissions dans l'Information et ne se verra en aucun cas imputer la responsabilité de quelque perte, blessure ou dommage direct(e), indirect(e), spécial(e), accessoire, consécutif(ve) ou autre causé(e) par son utilisation ou découlant autrement de la présente licence ou de l’Information, même s’il est avisé de la possibilité d’un tel préjudice.
Lois applicables
Cette licence est régie par les lois de la province de l’Ontario et les lois applicables du Canada.
Toute procédure judiciaire se rapportant à cette licence ne pourra être portée que devant les tribunaux de l’Ontario ou la Cour fédérale du Canada.
Définitions
Les définitions des termes employés dans la présente licence ont la signification suivante :
« Fournisseur d'information »
S'entend de Sa Majesté la Reine du chef du Canada.
« Information »
S'entend des renseignements protégés par des droits d'auteur ou des autres renseignements qui sont offerts pour utilisation aux termes de la présente licence.
« Renseignements personnels »
S’entend des « renseignements personnels » au sens de l’article 3 de la Loi sur la protection des renseignements personnels, L.R.C. 1985, c. P-21.
« Vous »
S'entend d'une personne physique ou morale, ou d'un groupe de personnes constitué en société ou autre, qui acquiert des droits en vertu de la présente licence.
Contrôle des versions
Il s'agit de la version 2.0 de la Licence du gouvernement ouvert – Canada. Le Fournisseur d’information peut apporter des modifications périodiques aux conditions de cette licence et produire une nouvelle version de celle-ci. Votre utilisation de l'Information sera régie par les conditions précisées dans la licence en vigueur à la date où vous avez accédé à l'Information.
You are encouraged to use and re-use the Information that is available under this
licence, the Open Government Licence, freely and flexibly, with only a few conditions.
Using information under this licence
Use of copyright and database right material expressly made available under this licence
(the ‘Information’) indicates your acceptance of the terms and conditions below.
The Licensor grants you a worldwide, royalty-free, perpetual, non-exclusive licence to
use the Information subject to the conditions below.
This licence does not affect your freedom under fair dealing or fair use or any other
copyright or database right exceptions and limitations.
You are free to:
copy, publish, distribute and transmit the Information;
adapt the Information;
exploit the Information commercially for example, by combining it with other Information,
or by including it in your own product or application.
You must, where you do any of the above:
acknowledge the source of the Information by including any attribution statement specified
by the Information Provider(s) and, where possible, provide a link to this licence;
If the Information Provider does not provide a specific attribution statement, or if you are
using Information from several Information Providers and multiple attributions are not
practical in your product or application, you may consider using the following:
Contains public sector information licensed under the Open Government Licence v1.0.
ensure that you do not use the Information in a way that suggests any official status or
that the Information Provider endorses you or your use of the Information;
ensure that you do not mislead others or misrepresent the Information or its source;
ensure that your use of the Information does not breach the Data Protection Act 1998 or
the Privacy and Electronic Communications (EC Directive) Regulations 2003.
These are important conditions of this licence and if you fail to comply with them the rights
granted to you under this licence, or any similar licence granted by the Licensor, will end automatically.
Exemptions
This licence does not cover the use of:
personal data in the Information;
Information that has neither been published nor disclosed under information access
legislation (including the Freedom of Information Acts for the UK and Scotland) by
or with the consent of the Information Provider;
departmental or public sector organisation logos, crests and the Royal Arms except
where they form an integral part of a document or dataset;
military insignia;
third party rights the Information Provider is not authorised to license;
Information subject to other intellectual property rights, including patents, trademarks,
and design rights; and
identity documents such as the British Passport.
No warranty
The Information is licensed ‘as is’ and the Information Provider excludes all representations,
warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information and
shall not be liable for any loss, injury or damage of any kind caused by its use.
The Information Provider does not guarantee the continued supply of the Information.
Governing Law
This licence is governed by the laws of the jurisdiction in which the Information Provider
has its principal place of business, unless otherwise specified by the Information Provider.
Definitions
In this licence, the terms below have the following meanings:
‘Information’
means information protected by copyright or by database right (for example, literary
and artistic works, content, data and source code) offered for use under the terms of this licence.
‘Information Provider’
means the person or organisation providing the Information under this licence.
‘Licensor’
means any Information Provider which has the authority to offer Information under the
terms of this licence or the Controller of Her Majesty’s Stationery Office, who has the
authority to offer Information subject to Crown copyright and Crown database rights and
Information subject to copyright and database right that has been assigned to or acquired
by the Crown, under the terms of this licence.
‘Use’
as a verb, means doing any act which is restricted by copyright or database right, whether
in the original medium or in any other medium, and includes without limitation distributing,
copying, adapting, modifying as may be technically necessary to use it in a different mode or format.
‘You’
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
About the Open Government Licence
The Controller of Her Majesty’s Stationery Office (HMSO) has developed this licence as a
tool to enable Information Providers in the public sector to license the use and re-use
of their Information under a common open licence. The Controller invites public sector
bodies owning their own copyright and database rights to permit the use of their Information under this licence.
The Controller of HMSO has authority to license Information subject to copyright and
database right owned by the Crown. The extent of the Controller’s offer to license this
Information under the terms of this licence is set out in the UK Government Licensing Framework.
This is version 1.0 of the Open Government Licence. The Controller of HMSO may, from
time to time, issue new versions of the Open Government Licence. However, you may continue
to use Information licensed under this version should you wish to do so.
These terms have been aligned to be interoperable with any Creative Commons Attribution Licence,
which covers copyright, and Open Data Commons Attribution License, which covers database rights and applicable copyrights.
Further context, best practice and guidance can be found in the UK Government Licensing Framework section on The National Archives website.
You are encouraged to use and re-use the Information that is available under this licence freely and flexibly, with only a few conditions.
Using Information under this licence
Use of copyright and database right material expressly made available under this licence (the ‘Information’) indicates your acceptance of the terms and conditions below.
The Licensor grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information subject to the conditions below.
This licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
You are free to:
copy, publish, distribute and transmit the Information;
adapt the Information;
exploit the Information commercially and non-commercially for example, by combining it with other Information, or by including it in your own product or application.
You must, where you do any of the above:
acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence;
If the Information Provider does not provide a specific attribution statement, or if you are using Information from several Information Providers and multiple attributions are not practical in your product or application, you may use the following:
Contains public sector information licensed under the Open Government Licence v2.0.
These are important conditions of this licence and if you fail to comply with them the rights granted to you under this licence, or any similar licence granted by the Licensor, will end automatically.
Exemptions
This licence does not cover:
personal data in the Information;
information that has neither been published nor disclosed under information access legislation (including the Freedom of Information Acts for the UK and Scotland) by or with the consent of the Information Provider;
departmental or public sector organisation logos, crests and the Royal Arms except where they form an integral part of a document or dataset;
military insignia;
third party rights the Information Provider is not authorised to license;
other intellectual property rights, including patents, trade marks, and design rights; and
identity documents such as the British Passport
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider endorses you or your use of the Information.
Non warranty
The Information is licensed ‘as is’ and the Information Provider excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law.
The Information Provider is not liable for any errors or omissions in the Information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Information Provider does not guarantee the continued supply of the Information.
Governing Law
This licence is governed by the laws of the jurisdiction in which the Information Provider has its principal place of business, unless otherwise specified by the Information Provider.
Definitions
In this licence, the terms below have the following meanings:
‘Information’
means information protected by copyright or by database right (for example, literary and artistic works, content, data and source code) offered for use under the terms of this licence.
‘Information Provider’
means the person or organisation providing the Information under this licence.
‘Licensor’
means any Information Provider who has the authority to offer Information under the terms of this licence. It includes the Controller of Her Majesty’s Stationery Office, who has the authority to offer Information subject to Crown copyright and Crown database rights, and Information subject to copyright and database rights which have been assigned to or acquired by the Crown, under the terms of this licence.
‘Use’
means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.
‘You’
means the natural or legal person, or body of persons corporate or incorporate, acquiring rights under this licence.
About the Open Government Licence
The Controller of Her Majesty’s Stationery Office (HMSO) has developed this licence as a tool to enable Information Providers in the public sector to license the use and re-use of their Information under a common open licence. The Controller invites public sector bodies owning their own copyright and database rights to permit the use of their Information under this licence.
The Controller of HMSO has authority to license Information subject to copyright and database right owned by the Crown. The extent of the Controller’s offer to license this Information under the terms of this licence is set out on The National Archives website.
This is version 2.0 of the Open Government Licence. The Controller of HMSO may, from time to time, issue new versions of the Open Government Licence. If you are already using Information under a previous version of the Open Government Licence, the terms of that licence will continue to apply.
These terms are compatible with the Creative Commons Attribution License 4.0 and the Open Data Commons Attribution License, both of which license copyright and database rights. This means that when the Information is adapted and licensed under either of those licences, you automatically satisfy the conditions of the OGL when you comply with the other licence. The OGLv2.0 is Open Definition compliant.
Further context, best practice and guidance can be found in the UK Government Licensing Framework section on The National Archives website.
You are encouraged to use and re-use the Information that is available under this licence freely and flexibly, with only a few conditions.
Using Information under this licence
Use of copyright and database right material expressly made available under this licence (the 'Information') indicates your acceptance of the terms and conditions below.
The Licensor grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information subject to the conditions below.
This licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
You are free to:
copy, publish, distribute and transmit the Information;
adapt the Information;
exploit the Information commercially and non-commercially for example, by combining it with other Information, or by including it in your own product or application.
You must (where you do any of the above):
acknowledge the source of the Information in your product or application by including or linking to any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence;
If the Information Provider does not provide a specific attribution statement, you must use the following:
Contains public sector information licensed under the Open Government Licence v3.0.
If you are using Information from several Information Providers and listing multiple attributions is not practical in your product or application, you may include a URI or hyperlink to a resource that contains the required attribution statements.
These are important conditions of this licence and if you fail to comply with them the rights granted to you under this licence, or any similar licence granted by the Licensor, will end automatically.
Exemptions
This licence does not cover:
personal data in the Information;
Information that has not been accessed by way of publication or disclosure under information access legislation (including the Freedom of Information Acts for the UK and Scotland) by or with the consent of the Information Provider;
departmental or public sector organisation logos, crests and the Royal Arms except where they form an integral part of a document or dataset;
military insignia;
third party rights the Information Provider is not authorised to license;
other intellectual property rights, including patents, trade marks, and design rights; and
identity documents such as the British Passport
Non-endorsement
This licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider and/or Licensor endorse you or your use of the Information.
No warranty
The Information is licensed 'as is' and the Information Provider and/or Licensor excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law.
The Information Provider and/or Licensor are not liable for any errors or omissions in the Information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Information Provider does not guarantee the continued supply of the Information.
Governing Law
This licence is governed by the laws of the jurisdiction in which the Information Provider has its principal place of business, unless otherwise specified by the Information Provider.
Definitions
In this licence, the terms below have the following meanings:
'Information' means information protected by copyright or by database right (for example, literary and artistic works, content, data and source code) offered for use under the terms of this licence.
'Information Provider' means the person or organisation providing the Information under this licence.
'Licensor' means any Information Provider which has the authority to offer Information under the terms of this licence or the Keeper of Public Records, who has the authority to offer Information subject to Crown copyright and Crown database rights and Information subject to copyright and database right that has been assigned to or acquired by the Crown, under the terms of this licence.
'Use' means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.
'You', 'you' and 'your' means the natural or legal person, or body of persons corporate or incorporate, acquiring rights in the Information (whether the Information is obtained directly from the Licensor or otherwise) under this licence.
About the Open Government Licence
The National Archives has developed this licence as a tool to enable Information Providers in the public sector to license the use and re-use of their Information under a common open licence. The National Archives invites public sector bodies owning their own copyright and database rights to permit the use of their Information under this licence.
The Keeper of the Public Records has authority to license Information subject to copyright and database right owned by the Crown. The extent of the offer to license this Information under the terms of this licence is set out in the UK Government Licensing Framework.
This is version 3.0 of the Open Government Licence. The National Archives may, from time to time, issue new versions of the Open Government Licence. If you are already using Information under a previous version of the Open Government Licence, the terms of that licence will continue to apply.
These terms are compatible with the Creative Commons Attribution License 4.0 and the Open Data Commons Attribution License, both of which license copyright and database rights. This means that when the Information is adapted and licensed under either of those licences, you automatically satisfy the conditions of the OGL when you comply with the other licence. The OGLv3.0 is Open Definition compliant.
Further context, best practice and guidance can be found in the UK Government Licensing Framework section on The National Archives website.
Open Data Licence
Below is WPD's Open Data Licence (latest version December 2020). These licence terms and conditions (the “Licence”) apply to the WPD's datasets as specified within the ‘Connected Data’ data access service. These terms are based on the Open Government Licence v3.0.
You are encouraged to use and re-use Information that is available under this licence freely and flexibly, with only a few conditions.
1. Using the WPD Open Data Licence
1.1 WPD is the 'Licensor' and the 'Information Provider' for the purpose of this Licence.
1.2 On the ’Connected Data’ data access service, this Licence applies to each data set marked as being provided on an 'Open' basis. It is your responsibility to check which data sets are made available under this Licence. If in doubt please email us for clarification at dsodigitalisation@westernpower.co.uk.
1.3 The conditions of this Licence are important and if you fail to comply with them the rights granted to you under this Licence, or any similar Licence granted by Licensor, will end automatically.
2. Using Information under this Licence
2.1 Use of copyright and database right material expressly made available under this Licence (the 'Information') indicates your acceptance of the terms and conditions of this licence.
2.2 The Licensor grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use the Information subject to the conditions below.
2.3 This Licence does not affect your freedom under fair dealing or fair use or any other copyright or database right exceptions and limitations.
3. You are free to:
3.1 copy, publish, distribute and transmit the Information;
3.2 adapt the Information;
3.3 exploit the Information commercially and non-commercially for example, by combining it with other Information, or by including it in your own product or application.
4. You must (where you do any of the above):
4.1 acknowledge WPD as the source of the Information by including the following attribution statement ‘Supported by WPD Open Data';
4.2 acknowledge that our other intellectual property rights, including all logos, design rights, patents and trademarks, are not covered under this Licence and this Licence will not transfer these to You or any third party.
5. Exemptions
5.1 The Licence does not cover:
(a) personal data in the Information;
(b) Information that has not been accessed by way of publication or disclosure under information access legislation (including the Freedom of Information Acts for the UK and Scotland) by or with the consent of the Information Provider;
(c) departmental or public sector organisation logos, crests and the Royal Arms except where they form an integral part of a document or dataset;
(d) military insignia;
(e) third party rights the Information Provider is not authorised to license;
(f) other intellectual property rights, including patents, trademarks, and design rights; and
(g) identity documents such as the British Passport.
5.2 Where it is believed that the overall service is being degraded by excessive use, the Licensor reserves the right to throttle or limit access to feeds as considered appropriate.
6. Non-endorsement
This Licence does not grant you any right to use the Information in a way that suggests any official status or that the Information Provider and/or Licensor endorse you or your use of the Information.
7. No warranty
7.1 The Information is licensed ‘as is’ and the Information Provider and/or Licensor excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law.
7.2 The Information Provider and/or Licensor are not liable for any errors or omissions in the Information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Information Provider does not guarantee the continued supply of the Information.
8. Governing Law
This Licence is governed by the laws of England and Wales and shall be shall be subject to the exclusive jurisdiction of the English and Welsh courts.
9. Definitions
In this Licence, the terms below have the following meanings:
'Information’ means information protected by copyright or by database right (for example, literary and artistic works, content, data and source code) offered for use under the terms of this Licence.
‘Information Provider’ means the person or organisation providing the Information under this Licence.
‘Licensor’ means any Information Provider which has the authority to offer Information under the terms of this Licence or the Keeper of Public Records, who has the authority to offer Information subject to Crown copyright and Crown database rights and Information subject to copyright and database right that has been assigned to or acquired by the Crown, under the terms of this Licence.
‘Use’ means doing any act which is restricted by copyright or database right, whether in the original medium or in any other medium, and includes without limitation distributing, copying, adapting, modifying as may be technically necessary to use it in a different mode or format.
'WPD' means Western Power Distribution Plc 09223384; Western Power Distribution (East Midlands) Plc (company number 02366923); Western Power Distribution (West Midlands) Plc (company number 03600574); Western Power Distribution (South West) Plc (company number 02366894); Western Power Distribution (South Wales) Plc (company number 02366985); WPD Smart Metering Limited ( company number 07139151); South Western Helicopters Limited (company number 02439215); WPD Property Investments Limited (company number 02373239) and WPD Telecoms Limited (company number 02386327). All are registered to Avonbank, Feeder Road, Bristol BS2 0TB.
‘You’, ‘you’ and ‘your’ means the natural or legal person, or body of persons corporate or incorporate, acquiring rights in the Information (whether the Information is obtained directly from the Licensor or otherwise) under this Licence.
About the Open Government Licence 3.0
This Licence was based on version 3.0 of the Open Government Licence. The National Archives has developed the Open Government Licence 3.0 as a tool to enable Information Providers in the public sector to license the use and re-use of their Information under a common open licence. The National Archives invites public sector bodies owning their own copyright and database rights to permit the use of their Information under this licence.
The Keeper of the Public Records has authority to license Information subject to copyright and database right owned by the Crown. The extent of the offer to license this Information under the terms of this licence is set out in the UK Government Licensing Framework.
The National Archives may, from time to time, issue new versions of the Open Government Licence. If you are already using Information under a previous version of the Open Government Licence, the terms of that licence will continue to apply.
The Open Government Licence 3.0 is compatible with the Creative Commons Attribution License 4.0 and the Open Data Commons Attribution License, both of which license copyright and database rights. This means that when the Information is adapted and licensed under either of those licences, you automatically satisfy the conditions of the OGL when you comply with the other licence. The OGLv3.0 is Open Definition compliant.
Further context, best practice and guidance can be found in the UK Government Licensing Framework section on The National Archives website.
Open Hardware Description License Version 1.0
(Based on the MPL 2.0 RC2)
========================================================
1. Definitions
--------------
1.1. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns a Covered Hardware Description.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution"
means Covered Hardware Description of a particular Contributor.
1.4. "Covered Hardware Description"
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Processed Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means that the initial Contributor has attached the notice described in
Exhibit B to the Covered Hardware Description
1.6. "Processed Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines a Covered Hardware Description with code in a
separate file or files not governed by the terms of this License.
1.8. "License"
means this document.
1.9. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.10. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of a Covered
Hardware Description; or
(b) any new file in Source Code Form that contains any Covered
Hardware Description Source.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the
License, by the making, using, selling, offering for sale, having
made, import, or transfer of either its Contributions or its
Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0 or later,
the GNU Lesser General Public License, Version 2.1 or later, or the
GNU Affero General Public License, Version 3.0 or later, or the
TAPR Open Hardware License, Version 1.0 or later, or the CERN OHL,
Verstion 1.1 or later.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Hardware Description under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:
(a) for any code that a Contributor has removed from Covered Hardware
Description; or
(b) for infringements caused by: (i) Your and any other third party's
modifications of a Covered Hardware Description, or (ii) the combination
of its Contributions with other Source (except as part of its Contributor
Version); or
(c) under Patent Claims infringed by a Covered Hardware Description in the
absence of its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Hardware Description under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of Covered Hardware Description in Source Code Form,
including any Modifications that You create or to which You contribute, must be
under the terms of this License. You must inform recipients that the Source
Code Form of the Covered Hardware Description is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.
3.2. Distribution of Processed Form
If You distribute Covered Hardware Description in Processed Form then:
(a) such Covered Hardware Description must also be made available in Source
Code Form, as described in Section 3.1, and You must inform recipients of
the Processed Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Processed Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Processed Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Hardware Description. If the Larger Work is a combination of a
Covered Hardware Description with a work governed by a Secondary License, and
the Covered Hardware Description is not Incompatible With Secondary Licenses,
this License permits You to additionally distribute such Covered Hardware
Description under the terms of that Secondary License, so that the recipient of
the Larger Work may, at their option, further distribute the Covered Hardware
Description under the terms of either this License or that Secondary License.
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Hardware Description, except that You may alter any license notices
to the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of a Covered
Hardware Description. However, You may do so only on Your own behalf, and not
on behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Hardware Description due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Hardware Description under this License. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Hardware Description under
Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* The Covered Hardware Description is provided under this License on *
* an "as is" basis, without warranty of any kind, either expressed, *
* implied, or statutory, including, without limitation, warranties *
* that the Covered Hardware Description is free of defects, *
* merchantable, fit for a particular purpose or non-infringing. The *
* entire risk as to the quality and performance of the Covered *
* Hardware Description is with You. Should any Covered Hardware *
* Description prove defective in any respect, You (not any *
* Contributor) assume the cost of any necessary servicing, repair, or *
* correction. This disclaimer of warranty constitutes an essential *
* part of this License. No use of any Covered Hardware Description is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Hardware Description *
* as permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party's negligence to the *
* extent applicable law prohibits such limitation. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Julius Baxter is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Hardware Description under the terms of the
version of the License under which You originally received the Covered Hardware
Description, or under the terms of any subsequent version published by the
license steward.
10.3. Modified Versions
If you create designs not governed by this License, and you want to
create a new license for such designs, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the
Open Hardware Description License, v. 1.0. If a copy
of the OHDL was not distributed with this file, You
can obtain one at http://juliusbaxter.net/ohdl/ohdl.txt
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------
This Source Code Form is "Incompatible With Secondary Licenses", as
defined by the Open Hardware Description License, v. 1.0.
1. Redistribution and use of (Software) in source and binary
forms, with or without modification, are permitted provided that the
following conditions are met:
(a) Redistributions of source code must retain this clause 1
(including paragraphs (a), (b) and (c)), clause 2 and clause 3
(Licence Terms) and the above copyright notice.
(b) Redistributions in binary form must reproduce the above
copyright notice and the Licence Terms in the documentation and/or
other materials provided with the distribution.
(c) Redistributions in any form must be accompanied by information on
how to obtain complete source code for:
(i) the Software; and
(ii) all accompanying software that uses (or is intended to
use) the Software whether directly or indirectly. Such source
code must:
(iii) either be included in the distribution or be available
for no more than the cost of distribution plus a nominal fee;
and
(iv) be licensed by each relevant holder of copyright under
either the Licence Terms (with an appropriate copyright notice)
or the terms of a licence which is approved by the Open Source
Initative. For an executable file, "complete source code"
means the source code for all modules it contains and includes
associated build and other files reasonably required to produce
the executable.
2. THIS SOFTWARE IS PROVIDED ``AS IS'' AND, TO THE EXTENT PERMITTED BY
LAW, ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. WHERE ANY WARRANTY IS
IMPLIED AND IS PREVENTED BY LAW FROM BEING DISCLAIMED THEN TO THE
EXTENT PERMISSIBLE BY LAW: (A) THE WARRANTY IS READ DOWN IN FAVOUR OF
THE COPYRIGHT HOLDER (AND, IN THE CASE OF A PARTICIPANT, THAT
PARTICIPANT) AND (B) ANY LIMITATIONS PERMITTED BY LAW (INCLUDING AS TO
THE EXTENT OF THE WARRANTY AND THE REMEDIES AVAILABLE IN THE EVENT OF
BREACH) ARE DEEMED PART OF THIS LICENCE IN A FORM MOST FAVOURABLE TO
THE COPYRIGHT HOLDER (AND, IN THE CASE OF A PARTICIPANT, THAT
PARTICIPANT). IN THE LICENCE TERMS, "PARTICIPANT" INCLUDES EVERY
PERSON WHO HAS CONTRIBUTED TO THE SOFTWARE OR WHO HAS BEEN INVOLVED IN
THE DISTRIBUTION OR DISSEMINATION OF THE SOFTWARE.
3. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY OTHER PARTICIPANT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This license agreement (LICENSE) is a legal agreement between you (either an individual or a single entity, also referred to as YOU) and [Oknosoft Company](http://www.oknosoft.ru), for the software containing this LICENSE which may also include the software’s source code, associated media, printed materials, and online or electronic documentation (collectively referred to as SOFTWARE).
By purchasing, installing, or otherwise using the SOFTWARE and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement.
### SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. [Oknosoft Company](http://www.oknosoft.ru) retains all rights not expressly granted to you in this LICENSE.
### GRANT OF LICENSE
- Oknosoft Company hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, use and modify the SOFTWARE only as authorized below.
- License is permanent and includes **one year of free product upgrades since the purchase date**, including even major version upgrades
- Legally purchased a commercial license allows you to use the SOFTWARE on any number of servers with no restrictions on the number of client connections.
- Distribution standalone is prohibited.
- Distribution as a part of competitive products is prohibited.
- Distribution as a part of not competitive products is allowed without limitation for number of copies.
- If you develop any troubleshooting-related modifications of the SOFTWARE, either independently or jointly with Oknosoft Company, such modifications and all rights associated therewith will be the exclusive property of Oknosoft Company. You are granted the right to use such modifications as set forth in this agreement.
- All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content
### DISCLAIMER OF WARRANTIES
The Software and documentation is provided AS IS, without a warranty of any kind.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
### DISCLAIMER OF OF LIABILITY
[Oknosoft Company](http://www.oknosoft.ru) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST DATA, REVENUE OR PROFITS, OR FOR ANY DIRECT OR INDIRECT DAMAGES, INJURIES OR LIABILITIES, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OF THE LICENSED SOFTWARE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF Oknosoft Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
### SUPPORT
- The pricing and terms of use for each support type is provided on [Oknosoft website](http://www.oknosoft.ru/produkti.html) and may be changed without notice.
- Technical support for modified source code is not carried out
### MISCELLANEOUS
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN OKNOSOFT COMPANY AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
Open Logistics Foundation
Corporate Contributor License Agreement (“CLA”)
Version 1.0, March 2022
https://www.openlogisticsfoundation.org/licenses
The Open Logistics Foundation provides a framework for the design, development and use of open source solutions in logistics. Within this framework, developers bring together their efforts for increased efficiency and successful commercial use on the basis of open source components.
This CLA enables the Contributor to submit Contributions to the Open Logistics Foundation, or to have them submitted, and to grant the rights stated below in such Contribution/s in their entirety. This CLA determines which of the Contributor’s rights in their Contributions to the Open Logistics Foundation will be granted by the Contributor to the Open Logistics Foundation and the conditions that must be observed in that regard.
By way of conclusion of this CLA, the Contributor accepts the following conditions for their current and future Contributions to the Open Logistics Foundation. Except for the licenses granted in this CLA to the Open Logistics Foundation and the recipients of Works containing such Contribution distributed by the Open Logistics Foundation, the Contributor reserves all rights in their Contributions.
Please complete, sign and send this Agreement to info@openlogisticsfoundation.org. The CLA is concluded when the Open Logistics Foundation expressly confirms the conclusion of the CLA or activates access to the Open Logistics Repository for the Contributor, thereby enabling the Contributor to submit Contributions.
Corporation name:
Corporation address:
Point of Contact / CLA-Manager:
E-Mail:
Phone:
Referred to as “Contributor” or “you”
1 Definitions
(1) “Contribution” means any work protected under copyright, design and/or patent law, including any modifications of or additions to this work as well as adaptations of the work, that are submitted by the Contributor as copyright holder or by parties legally or contractually entitled to do so by copyright holders to the Open Logistics Foundation for inclusion in works developed and distributed by the Open Logistics Foundation. Within the meaning of this definition, “submit” means any form of electronic or written communication which is intentionally submitted to the Open Logistics Foundation to discuss or improve a current or future work or project undertaken by the Open Logistics Foundation, including but not limited to communications sent via electronic mailing lists, source code control systems and issue tracking systems; however, communications that the Contributor or any employee specifically named by him/her have clearly marked as “no contribution”, or which are otherwise identified as such in writing, are excluded.
(2) “Work” means any work protected under copyright, design and/or patent law containing a Contribution.
(3) “Committers” are persons named by the Open Logistics Foundation or by Contributors who have write access to works or projects undertaken by the Open Logistics Foundation in the version control system.
(4) “Source Code” means the version of the code of the respective Contribution – if the Contribution is a software – in the programming language.
(5) “Object Code” means the intermediate product of a compilation or translation process of the Source Code.
2 Granting of usage rights
The Contributor hereby grants the Open Logistics Foundation and any third party who receives and/or uses a Work or the Contributions themselves – whether adapted or not - for the duration of the existence of the copyrights pertaining to such Contributions
• the royalty-free and non-exclusive right,
• sublicensable for commercial and non-commercial purposes
• worldwide and perpetual,
• irrevocable and non-terminable,
to use the Contributions in their original form or in modified, translated, edited or transformed form on their own or as a part of a Work in the following ways:
• use them in any hardware and software environment, - insofar as the Contribution is a software – in particular to store or load them permanently or temporarily, to display them and run them, including to the extent reproductions are necessary to that end,
• modify, translate, edit or transform them in another way,
• store, reproduce, exhibit or publish them, distribute them in tangible or intangible form, on any medium or in any other way, for commercial and non-commercial purposes, in particular to communicate them privately or publicly, also through image, audio and other information carriers, irrespective of whether by wire or wireless means,
• use them in databases, data networks and online services, including the right to make it available in Source Code or Object Code to users of the aforementioned databases, networks and online services for research and retrieval purposes,
• allow third parties to use or operate them,
• use them not only for own purposes but also to provide services to third parties,
• distribute them.
The above right of use relates to the Contributions, in particular – insofar as the Contribution is a software– their Source Code and Object Code in any and all forms. The above usage rights include – where applicable – design rights.
3 Granting of a patent license
(1) For any patents (including pending patent applications) owned and licensable by the Contributor at the time of the submission of the Contribution, the Contributor hereby grants the Open Logistics Foundation and any third party who receives and/or uses a Work containing the Contributions or the Contributions themselves - adapted or not - a
• perpetual,
• worldwide,
• non-exclusive,
• free of charge,
• irrevocable
patent license in all rights deriving from the patent to
• produce,
• arrange to have produced,
• use,
• offer for sale,
• sell,
• import and otherwise transfer
the Work or the respective Contributions.
However, this patent license covers only those rights deriving from the patent of the respective Contributor as are indispensable in order not to infringe that patent and only to the extent that the use of the Contributor’s respective Contribution, whether in itself or as a combination with other Contributions of the Contributor or any third parties together with the Work for which these Contributions were submitted, would otherwise infringe that patent. For avoidance of doubt, no patent licenses are granted for the use of a Work or the Contribution which become necessary for lawful use because third party modifications are made to the Work or the respective Contribution after the Contribution has been submitted by the Contributor.
(2) If any entity or person institutes patent litigation against You or any other entity or person (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that person or entity under this CLA for that Contribution or Work shall terminate as of the date such litigation is filed.
(3) The Contributor is entitled to decide in its own discretion to abandon respectively maintain any patent for which he has granted a patent license in accordance with para. 1 of this Section 3.
4 Contributor’s binding representations
(1) The Contributor hereby represents that
a. it is entitled to grant the usage rights and - to the extent applicable - patent licenses for Contributions under this CLA, and
b. by granting usage rights under Section 2 above and patent licenses under Section 3 above, they are not infringing any rights granted by the Contributor to third parties.
(2) Furthermore, the Contributor hereby undertakes to identify by name all employees and service providers who submit Contributions or otherwise make them available to the Open Logistics Foundation in the Contributor’s name, and that all employees and service providers they identify by name to the Open Logistics Foundation are authorised to submit Contributions in the Contributor’s name; identifying the employees in this regard shall be at least in text form (as per Sec. 126b German Civil Code). It is the Contributor’s sole responsibility to notify the Open Logistics Foundation if changes need to be made to the list of named employees authorised to make Contributions in the Contributor’s name.
(3) If the Contributor wishes to submit a third-party work, this must take place separately from any Contribution, in which case the complete details of the source and all licenses or other limitations (including but not limited to any associated patents, trademarks and licensing agreements) which they are personally aware of must be provided. The corresponding work must be clearly identified as a third-party work when it is submitted.
5 Trademarks
The Contributor does not grant permission to use its trade names, trademarks, service marks or product names.
6 No restriction on other use by the Contributor
The Contributor is expressly permitted to use and exploit the Contributions on a commercial or non– commercial basis – individually, in part or as part of another work – in accordance with the rights held by the Contributor, provided that such other use or exploitation does not conflict with the rights granted under this CLA.
7 Obligations of the Open Logistics Foundation
(1) The Open Logistics Foundation is not obliged to incorporate the Contributor’s Contributions into any Work or to use them in any other way.
(2) If a Work is distributed by the Open Logistics Foundation by way of incorporation of the Contributor’s Contributions or if the Contributions themselves are distributed, the Open Logistics Foundation is obliged - irrespective of whether the Contributions have been modified by the Open Logistics Foundation or any third party -
a. to retain and to oblige the recipients of the Work to retain all copyright, patent, trade mark and name credit notices in the Contributions - in the form as distributed - with the exception of those notices that do not pertain to any part of the distributed Contributions;
b. to grant the Contributor a license to the rights in the distributed Work that contains the Contributor’s Contributions, corresponding to Sections 2 and 3 above.
8 Contributor’s assumption of the role of Committer
If the Open Logistics Foundation under a separate agreement assigns the role of a Committer to the Contributor and the Contributor accepts the role, the Contributor must comply with the guidelines, policies and codes of conduct imposed as part of the assignment.
9 Limitation of liability
Except in cases of intent and gross negligence or causing personal injury, the Contributor, its legal representatives, trustees, officers and employees shall not be liable towards the Open Logistics Foundation for direct or indirect, material or immaterial losses of any kind arising from the use of the Contributions; this includes but is not limited to loss of goodwill, interruption of production, computer failures or errors, loss of data or economic losses, even if the Contributor has been made aware of the possibility of such losses. Notwithstanding the above, the Contributor shall only be liable under product liability law to the extent that the respective provisions are applicable to the Contributions.
Except in case of intent or gross negligence the Contributor, its legal representatives, trustees, officers and employees shall not be liable that any of the Contributions is free from any claim of infringement of any patent or any other intellectual property right owned by any third party, accurate, devoid of mistakes, complete and/or usable for any purpose.
10 Other provisions
(1) This CLA is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes between the parties regarding
the interpretation of this CLA is Dortmund. This CLA or any provision thereof may be amended or modified only with the mutual consent of the contracting parties as set out in a written instrument. This requirement of written form can only be deviated from in writing.
(2) Any failure by the Open Logistics Foundation or the Contributor to insist that the other Party adhere to a provision of this CLA in a given situation does not affect the right of such Party to require adherence in the same regard at a later date. Waiving compliance with a provision in one situation shall not be deemed a waiver of compliance with that provision in the future or as a waiver of the provision in its entirety.
(3) If any provision of this CLA should prove to be invalid and unenforceable, then the validity of the remaining provisions shall remain unaffected. In this case, that provision will be replaced, as far as possible, by an enforceable provision that most closely reflects the meaning of the original provision.
Location:
Date:
Signature:
Title and name:
Position and corporation:
*****
Initial list of designated employees. The authorization is not tied to particular Contributions.
Full Name
E-Mail
It is your responsibility to notify the Foundation when any change is required to the list of designated employees authorized to submit Contributions on behalf of the Corporation, or to the Corporation's Point of Contact with the Foundation.
Open Logistics Foundation Emil-Figge-Straße 80 | D-44227 Dortmund | Germany
BoardJochen Thewes – Chairman | Stefan Hohm and Dr. Stephan Peters – Deputy Chairmen
Managing Directors Andreas Nettsträter | Thorsten Hülsmann
Cheques and transfers payable to Sparkasse Dortmund | IBAN DE63440501990001146017 | BIC (Swift Code) DORTDE33XXX VAT Ident no. DE350640517 | Tax no. 315/5704/0848 | Supervisory authority Bezirksregierung Arnsberg
Open Logistics Foundation
Individual Contributor License Agreement (“CLA”)
Version 1.0, October 2024
https://www.openlogisticsfoundation.org/licenses
The Open Logistics Foundation provides a framework for the design, development and use of open
source solutions in logistics. Within this framework, developers bring together their efforts for increased
efficiency and successful commercial use on the basis of open source components.
This CLA enables the Contributor to submit Contributions to the Open Logistics Foundation, or to have
them submitted, and to grant the rights stated below in such Contribution/s in their entirety. This CLA
determines which of the Contributor’s rights in their Contributions to the Open Logistics Foundation will
be granted by the Contributor to the Open Logistics Foundation and the conditions that must be
observed in that regard.
By way of conclusion of this CLA, the Contributor accepts the following conditions for their current and
future Contributions to the Open Logistics Foundation. Except for the licenses granted in this CLA to the
Open Logistics Foundation and the recipients of Works containing such Contribution distributed by the
Open Logistics Foundation, the Contributor reserves all rights in their Contributions.
Please complete, sign and send this Agreement to info@openlogisticsfoundation.org. The CLA is
concluded when the Open Logistics Foundation expressly confirms the conclusion of the CLA or
activates access to the Open Logistics Repository for the Contributor, thereby enabling the Contributor
to submit Contributions.
Individual name:
Postal address:
Account name:
E-Mail:
Referred to as “Contributor” or “you”
1 Definitions
(1) “Contribution” means any work protected under copyright, design and/or patent law, including any
modifications of or additions to this work as well as adaptations of the work, that are submitted by
the Contributor as right holder to the Open Logistics Foundation for inclusion in works developed
and distributed by the Open Logistics Foundation. Within the meaning of this definition, “submit”
means any form of electronic or written communication which is intentionally submitted to the Open
Logistics Foundation to discuss or improve a current or future work or project undertaken by the
Open Logistics Foundation, including but not limited to communications sent via electronic mailing
lists, source code control systems and issue tracking systems; however, communications that the
Contributor have clearly marked as “no contribution”, or which are otherwise identified as such in
writing, are excluded.
(2) “Work” means any work protected under copyright, design and/or patent law containing a
Contribution.
(3) “Committers” are persons named by the Open Logistics Foundation or by Contributors who have
write access to works or projects undertaken by the Open Logistics Foundation in the version control
system.
(4) “Source Code” means the version of the code of the respective Contribution – if the Contribution is
a software – in the programming language.
(5) “Object Code” means the product of a compilation or translation process of the Source Code.
2 Granting of usage rights
The Contributor hereby grants the Open Logistics Foundation and any third party who receives and/or
uses a Work or the Contributions themselves – whether adapted or not - , insofar as applicable to the
respective Contributions, to such Contributions
• the royalty-free and non-exclusive right,
• sublicensable for commercial and non-commercial purposes
• worldwide and perpetual,
• irrevocable and non-terminable,
to use the Contributions in their original form or in modified, translated, edited or transformed form on
their own or as a part of a Work in the following ways:
• use them in any hardware and software environment, - insofar as the Contribution is a software
– in particular to store or load them permanently or temporarily, to display them and run them,
including to the extent reproductions are necessary to that end,
• modify, translate, edit or transform them in another way,
• store, reproduce, exhibit or publish them, distribute them in tangible or intangible form, on any
medium or in any other way, for commercial and non-commercial purposes, in particular to
communicate them privately or publicly, also through image, audio and other information
carriers, irrespective of whether by wire or wireless means,
• use them in databases, data networks and online services, including the right to make it available
in Source Code or Object Code to users of the aforementioned databases, networks and online
services for research and retrieval purposes,
• allow third parties to use or operate them,
• use them not only for own purposes but also to provide services to third parties,
• distribute them.
The above right of use relates to the Contributions, in particular – insofar as the Contribution is a
software– their Source Code and Object Code in any and all forms. The above usage rights include – where
applicable – design rights.
3 Granting of a patent license
(1) For any patents (including pending patent applications) owned and licensable by the Contributor at
the time of the submission of the Contribution, the Contributor hereby grants the Open Logistics
Foundation and any third party who receives and/or uses a Work containing the Contributions or the
Contributions themselves - adapted or not - a
• perpetual,
• worldwide,
• non-exclusive,
• free of charge,
• irrevocable
patent license in all rights deriving from the patent to
• produce,
• arrange to have produced,
• use,
• offer for sale,
• sell,
• import and otherwise transfer
the Work or the respective Contributions.
However, this patent license covers only those rights deriving from the patent of the respective
Contributor as are indispensable in order not to infringe that patent and only to the extent that the
use of the Contributor’s respective Contribution, whether in itself or as a combination with other
Contributions of the Contributor or any third parties together with the Work for which these
Contributions were submitted, would otherwise infringe that patent. For avoidance of doubt, no
patent licenses are granted for the use of a Work or the Contribution which become necessary for
lawful use because third party modifications are made to the Work or the respective Contribution
after the Contribution has been submitted by the Contributor.
(2) If any entity or person institutes patent litigation against You or any other entity or person (including
a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you
have contributed, constitutes direct or contributory patent infringement, then any patent licenses
granted to that person or entity under this CLA for that Contribution or Work shall terminate as of
the date such litigation is filed.
(3) The Contributor is entitled to decide in its own discretion to abandon respectively maintain any
patent for which he has granted a patent license in accordance with para. 1 of this Section 3.
4 Contributor’s binding representations
(1) The Contributor hereby represents that
a. it is entitled to grant the usage rights and - to the extent applicable - patent licenses for
Contributions under this CLA, and
b. by granting usage rights under Section 2 above and patent licenses under Section 3
above, they are not infringing any rights granted by the Contributor to third parties.
(2) If the Contributor wishes to submit a third-party work, this must take place separately from any
Contribution, in which case the complete details of the source and all licenses or other limitations
(including but not limited to any associated patents, trademarks and licensing agreements) which
they are personally aware of must be provided. The corresponding work must be clearly identified as
a third-party work when it is submitted.
5 Trademarks
The Contributor does not grant permission to use its trade names, trademarks, service marks or product
names.
6 No restriction on other use by the Contributor
The Contributor is expressly permitted to use and exploit the Contributions on a commercial or non–
commercial basis – individually, in part or as part of another work – in accordance with the rights held by
the Contributor, provided that such other use or exploitation does not conflict with the rights granted
under this CLA.
7 Obligations of the Open Logistics Foundation
(1) The Open Logistics Foundation is not obliged to incorporate the Contributor’s Contributions into any
Work or to use them in any other way.
(2) If a Work is distributed by the Open Logistics Foundation by way of incorporation of the Contributor’s
Contributions or if the Contributions themselves are distributed, the Open Logistics Foundation is
obliged - irrespective of whether the Contributions have been modified by the Open Logistics
Foundation or any third party -
a. to retain and to oblige the recipients of the Work to retain all copyright, patent, trade
mark and name credit notices in the Contributions - in the form as distributed - with the
exception of those notices that do not pertain to any part of the distributed Contributions;
b. to grant the Contributor a license to the rights in the distributed Work that contains the
Contributor’s Contributions, corresponding to Sections 2 and 3 above.
8 Contributor’s assumption of the role of Committer
If the Open Logistics Foundation under a separate agreement assigns the role of a Committer to the
Contributor and the Contributor accepts the role, the Contributor must comply with the guidelines,
policies and codes of conduct imposed as part of the assignment.
9 Limitation of liability
Except in cases of intent and gross negligence, the Contributor shall not be liable towards the Open
Logistics Foundation for direct or indirect, material or immaterial losses of any kind arising from the use
of the Contributions; this includes but is not limited to loss of goodwill, interruption of production,
computer failures or errors, loss of data or economic losses, even if the Contributor has been made aware
of the possibility of such losses. Notwithstanding the above, the Contributor shall only be liable under
product liability law to the extent that the respective provisions are applicable to the Contributions.
Except in case of intent or gross negligence the Contributor shall not be liable that any of the
Contributions is free from any claim of infringement of any patent or any other intellectual property right
owned by any third party, accurate, devoid of mistakes, complete and/or usable for any purpose.
10 Other provisions
(1) This CLA is governed by German law, excluding the UN Convention on Contracts for the International
Sale of Goods (CISG). Exclusive place of jurisdiction for all disputes between the parties regarding
the interpretation of this CLA is Dortmund. This CLA or any provision thereof may be amended or
modified only with the mutual consent of the contracting parties as set out in a written instrument.
This requirement of written form can only be deviated from in writing.
(2) Any failure by the Open Logistics Foundation or the Contributor to insist that the other Party adhere
to a provision of this CLA in a given situation does not affect the right of such Party to require
adherence in the same regard at a later date. Waiving compliance with a provision in one situation
shall not be deemed a waiver of compliance with that provision in the future or as a waiver of the
provision in its entirety.
(3) If any provision of this CLA should prove to be invalid and unenforceable, then the validity of the
remaining provisions shall remain unaffected. In this case, that provision will be replaced, as far as
possible, by an enforceable provision that most closely reflects the meaning of the original provision.
Location:
Date:
Signature:
Open Logistics Foundation Emil-Figge-Straße 80 | D-44227 Dortmund | Germany
Open Logistics Foundation License
Version 1.3, January 2023
https://www.openlogisticsfoundation.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION AND DISTRIBUTION
§1 Definitions
(1) "Subject Matter of the License" shall mean the works of software components
in Source or Object form as well as any other components protected under
copyright, design and/or patent law which are made available under this License.
(2) "License" shall mean the terms and conditions for the use, reproduction and
distribution of the Subject Matter of the License in accordance with the
provisions of this document.
(3) "Licensor(s)" shall mean the copyright holder(s) or the entity authorized by
law or contract by the copyright holder(s) to grant the License.
(4) "You" (or "Your") shall mean a natural or legal person exercising the
permissions granted by this License.
(5) "Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source, and
configuration files.
(6) "Object" form shall mean any form resulting from mechanical transformation
or translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.
(7) "Derivative Works" shall mean any work, whether in Source or Object form or
any other form, that is based on (or derived from) the Subject Matter of the
License and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of authorship. For
the purposes of this License, Derivative Works shall not include works that
remain separable from, or merely link (or bind by name) to the interfaces of,
the Subject Matter of the License and Derivative Works thereof.
(8) "Contribution" shall mean any proprietary work, including the original
version of the Subject Matter of the License and any changes or additions to
such work, or Derivative Works of such work, that the rights holder, or a
natural or legal person authorized to make submissions, intentionally submits to
a Licensor to be incorporated into the Subject Matter of the License. For the
purposes of this definition, "submit" shall mean any form of electronic or
written communication which is sent to a Licensor or its representatives for the
purpose of discussing or improving the Subject Matter of the License, including
but not limited to communications sent via electronic mailing lists, source code
control systems and issue tracking systems; however, communications that are
clearly marked by the copyright holder as "not a contribution" or otherwise
identified as such in writing are excluded.
(9) "Contributor" shall mean the Licensor(s) and/or any natural or legal person
on whose behalf the Licensor(s) receive(s) any Contribution subsequently
incorporated into the Subject Matter of the License.
§2 Grant of usage rights
Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by each Contributor, insofar
as applicable to the respective Subject Matter of the License the
- royalty-free and non-exclusive,
- sub-licensable for commercial and non-commercial purposes,
- worldwide and perpetual,
- irrevocable and non-terminable
right to reproduce, prepare Derivative Works of, publicly display, publicly
perform, and distribute the Subject Matter of the License and such Derivative
Works in any form. This right of use includes but is not limited to the right
- to use the Subject Matter of the License in any hardware and software
environment (with regard to the software and data components), in particular
to store or load it permanently or temporarily, to display it and run it,
including to the extent reproductions are necessary to that end,
- to otherwise modify, interpret, edit or redesign it,
- to store, reproduce, exhibit, publish, distribute it in tangible or intangible
form, on any medium or in any other way, for commercial and non-commercial
purposes, in particular to communicate it privately or publicly, including via
image, audio and other information carriers, irrespective of whether by wire
or wireless means,
- to use it in databases, data networks and online services, including the right
to make the software and data components of the Subject Matter of the License
available in Source or Object form to users of the aforementioned databases,
networks and online services for research and retrieval purposes,
- to allow third parties to use or operate it,
- to use it for own purposes but also to provide services to third parties,
- to distribute it
in its original or modified, interpreted, edited or redesigned form.
The foregoing right of use relates to the Subject Matter of the License, in
particular to its Source and Object form of software components (including
design rights, where applicable).
§3 Grant of patent license
Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by each Contributor a
- royalty-free and non-exclusive,
- worldwide and perpetual,
- irrevocable (with the exception of the restrictions set out in this Section 3)
patent license in all rights deriving from the patents, owned and licensable by
the Contributor at the time of the submission of the Contribution, to
- produce,
- have produced,
- use,
- offer for sale,
- sell,
- import and otherwise transfer
the Subject Matter of the License.
However, said patent license shall cover only those rights deriving from the
patents of the respective Contributors which are indispensable in order not to
infringe that patent and only to the extent that the use of the Contributor’s
respective Contributions, whether alone or in combination with other
Contributions of the Contributors or any third parties together with the Subject
Matter of the License for which these Contributions were submitted, would
otherwise infringe that patent. The grant of license shall not include rights
deriving from the patents which may in future become necessary for their lawful
use due to subsequent modifications to the Subject Matter or Contributions made
by third parties after the original submission.
In the event that You institute patent litigation against any entity or person
(including a counterclaim or countersuit in a legal action), alleging that the
Subject Matter of the License or a Contribution incorporated or contained
therein constitutes patent infringement or indirect infringement, all patent
licenses which have been granted to You under this License for the Subject
Matter of the License as well as this License itself shall be deemed terminated
as of the date on which the action is filed.
§4 Distribution
You may reproduce and distribute copies of the Subject Matter of the License or
Derivative Works on any medium, with or without modifications (with regard to
software components in Source or Object form), provided that You comply with
the following rules:
- You must provide all other recipients of the Subject Matter of the License or
of Derivative Works with a copy of this License and inform them that the
Subject Matter of the License was originally licensed under this License.
- You must ensure that modified files contain prominent notices indicating that
You have modified the files.
- You must retain all copyright, patent, trademark and attribution notices in
the Subject Matter of the License in the Source form of any Derivative Works
You distribute, with the exception of those notices that do not pertain to any
part of the Derivative Works.
You may add Your own copyright notices to Your modifications and state any
additional or different license conditions and conditions for the use,
reproduction or distribution of Your modifications or for those Derivative Works
as a whole, provided that Your use, reproduction and distribution of the work
complies with the terms and conditions set out in this License in all other
respects.
§5 Submission of Contributions
Unless expressly stated otherwise, every Contribution that You have
intentionally submitted for inclusion in the Subject Matter of the License is
subject to this License without any additional terms or conditions applying.
Irrespective of the above, none of the terms or conditions contained herein may
be interpreted to supersede or modify the terms or conditions of any separate
licensing agreement that You may have concluded with a Licensor for such
Contributions, such as a so-called "Contributor License Agreement" (CLA).
§6 Trademarks
This License does not grant permission to use the trade names, trademarks,
service marks or product names of the Licensor(s) or of a Contributor.
§7 Limited warranty
This License is granted free of charge and thus constitutes a gift. Accordingly,
any warranty is excluded. The Subject Matter of the License is a work in
progress; it is constantly being improved by countless Contributors. The Subject
Matter of the License is not complete and may therefore contain errors ("bugs")
or additional patents of Contributors or third parties, as is inherent in this
type of development.
§8 Limitation of liability
Except in cases of intentional and grossly negligent conduct, the Contributors,
their legal representatives, trustees, officers and employees shall not be
liable for direct or indirect, material or immaterial loss or damage of any kind
arising from the License or the use of the Subject Matter of the License; this
applies, among other things, but not exclusively, to loss of goodwill, loss of
production, computer failures or errors, loss of data or economic loss or
damage, even if the Contributor has been notified of the possibility of such
loss or damage. Irrespective of the above, the Licensor shall only be liable
within the scope of statutory product liability to the extent that the
respective provisions are applicable to the Subject Matter of the License or the
Contribution.
Except in cases of intentional conduct, the Contributors, their legal
representatives, trustees, officers and employees shall not be liable for any
infringement of third-party patent or intellectual property rights arising from
the Contributions nor do they warrant that the Contributions are accurate,
devoid of mistakes, complete and/or fit for any particular purpose.
§9 Provision of warranties or assumption of additional liability in the event of
distribution of the Subject Matter of the License
In the event of distribution of the Subject Matter of the License or Derivative
Works, You are free to accept support, warranty, indemnity or other liability
obligations and/or rights consistent with this License and to charge a fee in
return. However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on behalf of any other Contributor,
and You hereby agree to indemnify, defend, and hold each Contributor harmless
for any liability incurred by, or claims asserted against, such Contributor by
reason of Your accepting any such warranty or additional liability.
§10 Applicable law
This License is governed by German law, excluding its conflict of laws
provisions and the provisions of the UN Convention on Contracts for the
International Sale of Goods (CISG).
END OF TERMS AND CONDITIONS
Open Logistics License
Version 1.0, March 2022
https://www.openlogisticsfoundation.org/licenses/
TERMS AND CONDITIONS FOR THE USE, REPRODUCTION AND DISTRIBUTION
ß1 Definitions
(1) "Subject Matter of the License" means the copyrighted works of the software
components in source code or object code as well as the other components
protected under copyright, design and/or patent law which are made available
under this license in accordance with a copyright notice inserted into or
attached to the work as well as the application and user documentation.
(2) "License" means the terms and conditions for the use, reproduction and
distribution of the Subject Matter of the License in accordance with the
provisions of this document.
(3) "Licensor(s)" means the copyright holder(s) or the entity authorised by law
or contract by the copyright holder(s) to grant the license.
(4) "You" (or "Your") means a natural or legal person exercising the
permissions granted by this License.
(5) "Source Code" means the version of the code of the software components of
the Subject Matter of the License in the programming language.
(6) "Object Code" means the interim product after compilation or interpretation
of the Source Code.
(7) "Derivative Works" shall mean any work, whether in Source or Object Code or
any other form, that is based on (or derived from) the Subject Matter of the
License and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of authorship. For
the purposes of this License, Derivative Works shall not include works that
remain separable from, or merely link (or bind by name) to the interfaces of,
the Subject Matter of the License and Derivative Works thereof.
(8) "Contribution" means any proprietary work, including the original version
of the Subject Matter of the License and any changes or additions to such work,
or Derivative Works of such work, that the copyright holder, or a natural or
legal person authorised to make submissions, intentionally submits to the
Licensor or one of the Licensors to be incorporated into the Subject Matter of
the License. For the purposes of this definition, "submit" means any form of
electronic or written communication which is sent to the Licensor (or one of
the Licensors) or its representatives to discuss or improve the Subject Matter
of the License, including, but not limited to, communications sent via
electronic mailing lists, source code control systems and issue tracking
systems; however, communications that are clearly labelled as "no contribution"
by the copyright holder or otherwise identified as such in writing are
excluded.
(9) "Contributor" means the Licensor and/or any natural or legal person on
whose behalf the Licensor receives any Contribution subsequently incorporated
into the Subject Matter of the License.
ß2 Granting of usage rights
Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by all Contributors, for the
term of the copyrights in the Subject Matter of the License, the
- royalty-free and non-exclusive,
- sub-licensable for commercial and non-commercial purposes,
- worldwide and perpetual,
- irrevocable and non-terminable
right
- to use in any hardware and software environment, - with regard to the
software and data components - in particular to store or load it permanently
or temporarily, to display it and run it, including to the extent
reproductions are necessary to that end,
- to modify, interpret, edit or redesign in another way,
- to store, reproduce, exhibit, publish, distribute in tangible or intangible
form, on any medium or in any other way, for commercial and non-commercial
purposes, in particular to communicate privately or publicly, also through
image, audio and other information carriers, irrespective of whether by wire
or wireless means,
- to use in databases, data networks and online services, including the right
to make the software and data components of the Subject Matter of the License
available in source code or object code to users of the aforementioned
databases, networks and online services for research and retrieval purposes,
- to allow third parties to use or operate,
- to use for own purposes but also to provide services to third parties,
- to distribute
the Subject Matter of the License in its original or modified, interpreted,
edited or redesigned form.
This right of use relates to the Subject Matter of the License in particular
its source code and object code of the software components in all forms
(including - where applicable - design rights).
ß3 Grant of a patent license
Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by each Contributor a
- perpetual,
- worldwide,
- non-exclusive,
- free of charge,
- irrevocable (with the exception of the restrictions set out in this
Section 3)
patent license in all rights deriving from the patents, owned and licensable by
the Contributor at the time of the submission of the Contribution, to
- produce,
- have produced,
- use,
- offer for sale,
- sell,
- import and otherwise transfer
the Subject Matter of the License.
However, this patent license covers only those rights deriving from the patents
of the respective Contributors as are indispensable in order not to infringe
that patent and only to the extent that the use of the Contributor's respective
Contributions, whether in itself or as a combination with other Contributions
of the Contributors or any third parties together with the Subject Matter of
the License for which these Contributions were submitted, would otherwise
infringe that patent. For avoidance of doubt, no patent licenses are granted
for the use of the Subject Matter of the License or the Contributions which
become necessary for lawful use because third party modifications are made to
the Subject Matter of the License or the respective Contributions after the
Contributions has been submitted by the Contributors. Under no circumstances
will anything in this Section 3 be construed as granting, by implication,
estoppel or otherwise, a license to any patent for which the respective
Contributors have not granted patent rights when they submitted their
respective Contributions.
In the event that You institute judicial patent proceedings against any entity
or person (including a counterclaim or countersuit in a legal dispute), arguing
that the Subject Matter of the License or a Contribution incorporated or
contained therein constitutes a patent infringement or a contributory factor to
a patent infringement, all patent licenses which have been granted to You under
this License for the Subject Matter of the License as well as this License in
itself shall be deemed terminated as of the date on which the action is filed.
For avoidance of doubt, the Contributors are entitled to decide in their own
discretion to abandon respectively maintain any patent designated by patent
number upon delivery of the Subject Matter of the License.
ß4 Distribution
You may reproduce and distribute copies of the Subject Matter of the License or
Derivative Works on any medium, with or without modifications, (with regard to
software components) in Source or Object Code, provided that You comply with
the following rules:
- You must provide all other recipients of the Subject Matter of the License or
of Derivative Works with a copy of this License and inform them that the
Subject Matter of the License was originally licensed under this License.
- You must ensure that modified files contain prominent notices indicating that
You have modified the files.
- You must retain all copyright, patent, trademark and name credit notices in
the Subject Matter of the License in the source code of any Derivative Works
You distribute, with the exception of those notices which do not belong to
any part of the Derivative Works.
- You must oblige the recipients of the Subject Matter of the License or
Derivative Works to incorporate the provisions of this Section 4 into any
license under which they distribute the the Subject Matter of the License or
Derivative Works to any other recipients.
You may add Your own copyright notices to Your modifications and state any
additional or different license conditions and conditions for the use,
reproduction or distribution of Your modifications or for these Derivative
Works as a whole, provided that Your use, reproduction and distribution of the
work in all other respects complies with the terms and conditions set out in
this License.
ß5 Submission of Contributions
Unless expressly stated otherwise, every Contribution that You have
intentionally submitted for inclusion in the Subject Matter of the License is
subject to this License without any additional terms or conditions applying.
Irrespective of the above, none of the terms or conditions contained herein may
be interpreted to replace or change the terms or conditions of a separate
licensing agreement that You may have concluded with a Licensor for such
Contributions, such as a so-called "Contributor License Agreement" (CLA).
ß6 Trademarks
This License does not grant permission to use the trade names, trademarks,
service marks or product names of the Licensor or of a Contributor.
ß7 Limited warranty
This License is granted free of charge and thus constitutes a gift.
Accordingly, any warranty is excluded. Work on the Subject Matter of the
License continues on an ongoing basis; it is constantly improved by countless
Contributors. The Subject Matter of the License is not completed and may
therefore contain errors ("bugs") or additional patents of Contributors or
third parties, as is inherent to this type of development.
ß8 Limitation of liability
Except in cases of intent and gross negligence or causing personal injury, the
Contributors, their legal representatives, trustees, officers and employees
shall not be liable for direct or indirect, material or immaterial loss or
damage of any kind arising from the License or the use of the Subject Matter of
the License; this applies, among other things, but not exclusively, to loss of
goodwill, loss of production, computer failures or errors, loss of data or
economic loss or damage, even if the Contributor has been notified of the
possibility of such loss or damage. Irrespective of the above, the Licensor
shall only be liable in the scope of statutory product liability, to the extent
the respective provisions are applicable to the Subject Matter of the License
or the Contribution.
Except in the case of intent, the Contributors, their legal representatives,
trustees, officers and employees shall not be liable that any of the
Contributions are free from any claim of infringement of any patent or any
other intellectual property right owned by any third party, accurate, devoid of
mistakes, complete and/or usable for any purpose.
ß9 Provision of warranties or assumption of additional liability in the event
of distribution of the Subject Matter of the License
In the event of distribution of the Subject Matter of the License or Derivative
Works, You are free to assume support, warranty, indemnity or other liability
obligations and/or rights in accordance with this License and to charge a fee
in return. However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on behalf of any other Contributor,
and You hereby agree to indemnify, defend, and hold each Contributor harmless
for any liability incurred by, or claims asserted against, such Contributor by
reason of your accepting any such warranty or additional liability.
ß10 Applicable law
This License is governed by German law with the exclusion of its provisions on
the conflict of laws and with the exclusion of the UN Convention on Contracts
for the International Sale of Goods (CISG).
END OF TERMS AND CONDITIONS
USE OF SPECIFICATION - TERMS, CONDITIONS & NOTICES
The material in this document details an Object Management Group specification in accordance with the terms,
conditions and notices set forth below. This document does not represent a commitment to implement any portion of this
specification in any company's products. The information contained in this document is subject to change without notice.
LICENSES
The companies listed above have granted to the Object Management Group, Inc. (OMG) a nonexclusive, royalty-free,
paid up, worldwide license to copy and distribute this document and to modify this document and distribute copies of the
modified version. Each of the copyright holders listed above has agreed that no person shall be deemed to have infringed
the copyright in the included material of any such copyright holder by reason of having used the specification set forth
herein or having conformed any computer software to the specification.
Subject to all of the terms and conditions below, the owners of the copyright in this specification hereby grant you a fully-
paid up, non-exclusive, nontransferable, perpetual, worldwide license (without the right to sublicense), to use this
specification to create and distribute software and special purpose specifications that are based upon this specification,
and to use, copy, and distribute this specification as provided under the Copyright Act; provided that: (1) both the
copyright notice identified above and this permission notice appear on any copies of this specification; (2) the use of the
specifications is for informational purposes and will not be copied or posted on any network computer or broadcast in any
media and will not be otherwise resold or transferred for commercial purposes; and (3) no modifications are made to this
specification. This limited permission automatically terminates without notice if you breach any of these terms or
conditions. Upon termination, you will destroy immediately any copies of the specifications in your possession or control.
PATENTS
The attention of adopters is directed to the possibility that compliance with or adoption of OMG specifications may
require use of an invention covered by patent rights. OMG shall not be responsible for identifying patents for which a
license may be required by any OMG specification, or for conducting legal inquiries into the legal validity or scope of
those patents that are brought to its attention. OMG specifications are prospective and advisory only. Prospective users are
responsible for protecting themselves against liability for infringement of patents.
GENERAL USE RESTRICTIONS
Any unauthorized use of this specification may violate copyright laws, trademark laws, and communications regulations
and statutes. This document contains information which is protected by copyright. All Rights Reserved. No part of this
work covered by copyright herein may be reproduced or used in any form or by any means--graphic, electronic, or
mechanical, including photocopying, recording, taping, or information storage and retrieval systems--without permission
of the copyright owner.
DISCLAIMER OF WARRANTY
WHILE THIS PUBLICATION IS BELIEVED TO BE ACCURATE, IT IS PROVIDED "AS IS" AND MAY CONTAIN
ERRORS OR MISPRINTS. THE OBJECT MANAGEMENT GROUP AND THE COMPANIES LISTED ABOVE
MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS PUBLICATION,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, IMPLIED WARRANTY OF
MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE.
IN NO EVENT SHALL THE OBJECT MANAGEMENT GROUP OR ANY OF THE COMPANIES LISTED ABOVE
BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, RELIANCE OR COVER DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR
USE, INCURRED BY ANY USER OR ANY THIRD PARTY IN CONNECTION WITH THE FURNISHING,
PERFORMANCE, OR USE OF THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
The entire risk as to the quality and performance of software developed using this specification is borne by you. This
disclaimer of warranty constitutes an essential part of the license granted to you to use this specification.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c) (1) (ii) of
The Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 or in subparagraph (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights clauses at 48 C.F.R. 52.227-19 or as specified in 48 C.F.R. 227-
7202-2 of the DoD F.A.R. Supplement and its successors, or as specified in 48 C.F.R. 12.212 of the Federal Acquisition
Regulations and its successors, as applicable. The specification copyright owners are as indicated above and may be
contacted through the Object Management Group, 140 Kendrick Street, Needham, MA 02494, U.S.A.
TRADEMARKS
MDA®, Model Driven Architecture®, UML®, UML Cube logo®, OMG Logo®, CORBA® and XMI® are registered
trademarks of the Object Management Group, Inc., and Object Management Group™, OMG™ , Unified Modeling
Language™, Model Driven Architecture Logo™, Model Driven Architecture Diagram™, CORBA logos™, XMI
Logo™, CWM™, CWM Logo™, IIOP™ , IMM™ , MOF™ , OMG Interface Definition Language (IDL)™ , and OMG
Systems Modeling Language (OMG SysML)™ are trademarks of the Object Management Group. All other products or
company names mentioned are used for identification purposes only, and may be trademarks of their respective owners.
COMPLIANCE
The copyright holders listed above acknowledge that the Object Management Group (acting itself or through its
designees) is and shall at all times be the sole entity that may authorize developers, suppliers and sellers of computer
software to use certification marks, trademarks or other special designations to indicate compliance with these materials.
Software developed under the terms of this license may claim compliance or conformance with this specification if and
only if the software compliance is of a nature fully matching the applicable compliance points as stated in the
specification. Software developed only partially matching the applicable compliance points may claim only that the
software was based on this specification, but may not claim compliance or conformance with this specification. In the
event that testing suites are implemented or approved by Object Management Group, Inc., software developed using this
specification may claim compliance or conformance with the specification only if the software satisfactorily completes
the testing suites.
In addition to and irrespective of the copyright license associated
with this software, On2 Technologies, Inc. makes the following statement
regarding technology used in this software:
On2 represents and warrants that it shall not assert any rights
relating to infringement of On2's registered patents, nor initiate
any litigation asserting such rights, against any person who, or
entity which utilizes the On2 VP3 Codec Software, including any
use, distribution, and sale of said Software; which make changes,
modifications, and improvements in said Software; and to use,
distribute, and sell said changes as well as applications for other
fields of use.
This reference implementation is originally derived from the On2 VP3
Codec Software, and the Theora video format is essentially compatible
with the VP3 video format, consisting of a backward-compatible superset.
ONEZOOM NON-PROFIT SOURCE AVAILABLE LICENCE
Version 1, 6/9/2017
1 DEFINITIONS
1.1 In this Licence, unless the context requires otherwise, the following definitions apply:
"Advancement of Science" means the advancement of science or science education, and for
the avoidance of doubt, excludes pseudoscience (such as intelligent design);
"Cease To Exist" means the Original Developer has a receiver or administrative
receiver appointed over the whole of it assets, or passes a
resolution for winding up, or a court makes an order to that effect,
or becomes subject to an administration order, or enters into any
voluntary arrangement with its creditors, or ceases to carry on its
whole activities, but excludes where the Original Developer
transfers its activities or assets to another entity;
"Control" means (a) the power of a legal entity, direct or indirect, to cause
the direction or management of another entity, whether by
contract or otherwise; or (b) the ownership by a legal entity of
more than fifty percent (50%) of the outstanding shares or
beneficial ownership of another entity;
"Independent Work" means any contribution that You create for use with the Software
or a Modification, and which does not contain Intellectual Property
Rights from the original Software or a Modification;
"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights,
trade marks, business names and domain names, rights in get-up,
goodwill and the right to sue for passing off, rights in designs,
database rights, rights to use, and protect the confidentiality of,
confidential information (including know-how and trade secrets)
and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights
to apply for and be granted, renewals or extensions of, and rights
to claim priority from, such rights and all similar or equivalent
rights or forms of protection which subsist or will subsist now or in
the future in any part of the world;
"Larger Work" means a work which combines Software or Modifications, or
portions thereof, with code not governed by the terms of this
Licence;
"Made Public" means making the Software or Modification available to the public,
including providing the Source Code or Object Code of the
Software or Modifications to a third party; uploading or installing
the Software or Modifications onto a public facing display; or
running the Software or Modifications on a server that serves
public webpages;
"MIT Licence" means the Open Source Initiative approved version of The MIT
Licence in force at the time, currently found at:
https://opensource.org/licenses/MIT;
"Modification" means the Source Code and Object Code of (a) any file that
results from an addition to, deletion from, or modification of the contents
of a file containing Software or a previous Modification; (b) any new file
that contains any part of the Software or a
previous Modification; and (c) without prejudice to the exclusions
below, any new file that is contributed or otherwise made available
under this Licence, but excludes:
• Independent Work that is required to make a Modification
function ("Functional Independent Work"); and
• Independent Work that is not required to make a
Modification function ("Non-Functional Independent Work").
"Object Code" means any form resulting from mechanical transformation or
translation of Source Code, including but not limited to compiled
object code, generated documentation, and conversions to other
media types;
"Original Developer" means OneZoom, a charity registered in England and Wales
with registered number: 1163559;
"Software" means OneZoom's Tree of Life Explorer software located at the
Original Developer's GitHub repository at:
github.com/orgs/OneZoom and all updates, upgrades, releases
and versions thereof, including:
• the Source Code and Object Code; and
• all other works or materials recorded or embodied in the
software including the audio or visual content in any
screen displays in the user interface;
"Source Code" means the common form of computer software code, including but
not limited to software source code and all associated documentation or configuration files included in, or with, such code; and
"You" or "Your" means any not-for-profit entity (and any entity which Controls, is
Controlled by, or is under common Control with such legal entity)
or any individual or group of individuals acting in their personal
capacity, exercising rights under this Licence.
1.2 References to a party is a party to this Licence; parties is to be construed accordingly.
1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the
plural include the singular.
1.4 Unless otherwise specified, a reference to writing or written excludes faxes, texts and email.
1.5 Any phrase introduced by the terms "including", "include", "in particular" or any similar
expression shall be construed so as not to limit the generality of any words or expressions in
connection with which it is used.
1.6 Any obligation in this Licence on a person not to do something includes an obligation not to
agree, allow, permit or acquiesce to that act or thing being done and to prevent such act or
thing being done by a third party.
2 SCOPE OF LICENCE
2.1 Subject to clause 2.2, and compliance with this Licence, the Original Developer hereby grants
to You a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence under the
Intellectual Property Rights to use, reproduce, modify, display, distribute and sub-license (on
the same terms as this Licence) the Software (or portions thereof), with or without
Modifications, and as part of a Larger Work for charitable, non-commercial, not-for-profit
purposes relating to the Advancement of Science. For the avoidance of doubt, You may sub-
license the Intellectual Property Rights in any Software or a Modification to a for-profit
organisation in relation to your use, reproduction, modification, display and/or distribution of
such Software and Modifications under this Licence, but that for-profit organisation must not
and cannot use such Software or Modifications for its own purposes (unless such use is in
accordance with clause 3).
2.2 The Licence in clause 2.1 does not permit use of the Software or any Modifications to build a
tree with sponsorable elements whether or not such sponsorship generates revenue. In this
scenario, You must agree a separate licence with the Original Developer in accordance with
clause 3.3.
2.3 Subject to the Original Developer acknowledging You in accordance with clause 4.1e), You
hereby grant to the Original Developer a perpetual, irrevocable, worldwide, non-exclusive,
royalty-free licence to use and exploit the Modifications, and any Functional Independent
Works, (and any Non-Functional Independent Works uploaded to the Original Developer's
GitHub repository in accordance with clause 4.1e), for any purpose.
2.4 Should the Original Developer Cease to Exist the Software, any Modifications and any
Functional Independent Works, (and any Non-Functional Independent Works uploaded to the
Original Developer's GitHub repository in accordance with clause 4.1e), shall automatically be
licensed under the MIT Licence.
3 OTHER LICENCES FOR COMMERCIAL USE OR USE BY FOR-PROFIT ORGANISATIONS
3.1 For-profit organisations are not permitted to use or exploit the Software or any Modification
under this Licence in any manner. If such organisations wish to use or exploit the Software or
any Modification they must contact the Original Developer to negotiate a licence.
3.2 Where You wish to use or exploit the Software or any Modifications for commercial purposes
You must contact the Original Developer to negotiate a separate royalty-paying or fee-paying
licence.
3.3 If You wish to use the Software or any Modifications to build a tree with sponsorable elements
whether or not such sponsorship generates revenue, You must agree a separate licence with
the Original Developer.
3.4 The Original Developer takes the misuse of Software and Modifications by for-profit
organisations seriously, and monitors use of the Software and any Modifications by any party
for commercial purposes.
4 OBLIGATIONS AND RIGHTS OF CONTRIBUTORS
4.1 You warrant and represent that:
a) Modifications or Independent Works You create, or to which You contribute, are Your
original creation(s), or where such Modifications or Independent Works include
Intellectual Property Rights of a third party, You have a licence from such third party
to use its Intellectual Property Rights in Your Modifications and have included any
acknowledgement required by such third party;
b) any Software or Modifications that are Made Public shall:
i. be licensed on the same terms as this Licence with the notice at Appendix 1,
Part 1 included, and unless covered by clause 4.2, you will not licence
Software or any Modifications under any other terms; and
ii. be provided to the Original Developer (in accordance with clause 4.1e) and
any third parties (in the manner agreed between You and such third parties)
in Source Code form (and Object Code form if requested);
c) You shall include the notices in Appendix 1, Part 2 in all copies of the Software or any
Modifications;
d) You will not remove any copyright, trade mark or other intellectual property notices, or
any acknowledgements relating to the Original Developer or any third party,
contained within the Software or any Modifications You use; and
e) You shall provide the Original Developer with a copy of any Modifications, and any
Functional Independent Works (and any Non-Functional Independent Works if You so
wish) that are Made Public in Source Code form (and Object Code form on request)
along with any acknowledgement You wish to be used, by uploading them to the
Original Developer's GitHub repository at: github.com/orgs/OneZoom.
4.2 You may license:
a) Functional Independent Works under any licence of your choice in addition to this
Licence; and
b) Non-functional Independent Works under any licence of your choice, or keep such
works confidential.
5 VERSIONS OF THIS LICENCE
5.1 The Original Developer may publish revised or new versions of this Licence from time to time
and each version will be given a new version number.
5.2 You must distribute and make the Software and Modifications available under the terms of the
version of the License under which You originally received the Software and Modifications.
6 DISCLAIMER
6.1 THE ORIGINAL DEVELOPER PROVIDES THE SOFTWARE ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS
THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING.
6.2 You are solely responsible for any Modifications, Functional Independent Works and Non-
functional Independent Works You create ("Your Own Work") including
i. determining the appropriateness of Your use or redistribution of the Software
and Your Own Work,
ii. the use and distribution of the Software and Your Own Work by any third
party to whom You license these to,
iii. Your exercise of permissions under, and non-compliance with, this Licence.
6.3 You assume any risks and costs associated with the creation, use and distribution of Your
Own Work, including responsibility for any losses awarded against or incurred by the Original
Developer in the event of your non-compliance with this licence, and any losses resulting from
claims by third parties regarding infringement or alleged infringement of their Intellectual
Property Rights in relation to Your Own Work.
7 SUPPORT
7.1 The Original Developer will not provide any support for the Software under this Licence.
Should You require support from the Original Developer, You shall contact the Original
Developer and agree the scope of, and costs for, any support.
7.2 You may choose to provide support to individuals or entities You make the Software or
Modifications available to, but must do so on Your own behalf and make it clear that such
support is offered by You alone.
8 LIMITATION OF LIABILITY
8.1 Under no circumstances, whether in tort (including negligence), contract, or otherwise, shall
the Original Developer be liable to You or any third party for any direct, indirect, special,
incidental, or consequential damages including, without limitation, damages for lost of profits,
goodwill, use, data or other intangible losses, even if such party shall have been informed of
the possibility of such damages, arising from Your or a third party's use of the Software or any
Modifications, or Your or a third party's infringement of third party rights.
9 INTELLECTUAL PROPERTY
9.1 The Software (and Intellectual Property Rights in such Software) is owned by the Original
Developer or its third party licensors and shall at all times remain vested in the Original
Developer or its licensors.
9.2 The Software is protected by UK and international copyright and other intellectual property
laws, and You are not permitted to use the Software, including copying such Software, except
in accordance with this Licence.
9.3 You shall not use the name, trade marks, trade names, service marks, or product names of
the Original Developer, except as required by clauses 4.1b)i or 4.1d) or as otherwise agreed
with the Original Developer.
9.4 The Original Developer does not endorse, and You shall not suggest that the Original
Developer endorses, any use You make of the Software or any Modifications.
10 TERMINATION
10.1 This License and the rights granted hereunder will terminate automatically if You fail to
comply with the terms herein and fail to remedy such breach within 30 days of becoming
aware of the breach.
10.2 The Original Developer may terminate Your rights under this Licence, at any time immediately
on notice, if You are causing the Original Developer any damage, including reputational
damage, in the Original Developer's absolute discretion.
10.3 In the event of termination in accordance with clauses 10.1 and 10.2, all end user licences
and sub-licences that have been validly granted by You hereunder prior to termination shall
survive termination.
11 OTHER
11.1 Nothing in this Licence shall supersede the terms of any separate licence agreements made
by You formally and in writing with the Original Developer in relation to Modifications.
11.2 Subject to clause 11.1, this License represents the complete agreement concerning subject
matter hereof between the Original Developer and You.
11.3 If any provision or part-provision of this Licence is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant provision or part-
provision shall be deemed deleted.
11.4 This Licence and any dispute or claim arising out of or in connection with it or its subject
matter or formation (including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales.
11.5 You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any
dispute or claim arising out of or in connection with this agreement or its subject matter or
formation (including non-contractual disputes or claims).
12 QUESTIONS OR QUERIES
12.1 If You have any questions or queries regarding this Licence, including as to whether Your
proposed use is permitted under this Licence, You may contact the Original Developer at
mail@onezoom.org
APPENDIX 1
Part 1
Licensed under the OneZoom Licence, Version 1 (the "Licence"). You may not use this software file
unless you comply with the terms and obligations in the Licence. You may obtain a copy of the
Licence at: www.onezoom.org/static/downloads/OneZoom_License_V1.pdf.
Part 2
Copyright [YEAR] [NAME OF CONTRIBUTOR] [SHORT DESCRIPTION OF HOW YOU HAVE
AMENDED SOFTWARE]
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR THAT THIS SOFTWARE IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-
INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
SOFTWARE IS WITH YOU. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF
THIS SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THIS SOFTWARE OR THE USE OR OTHER DEALINGS IN THIS
SOFTWARE.
You may use, copy, modify this code for any purpose and
without fee. You may distribute this ORIGINAL package.
Open Aleph License
THE WORKS (AS DEFINED BELOW) ARE LICENSED UNDER THE TERMS OF THIS OPEN ALEPH
LICENSE (“OAL” OR “LICENSE”) VERSION 1.0.
This source available license agreement governs the use, distribution, modification, and sharing of a
foundational AI model and its associated software and documentation. This license agreement is in-
tended to promote collaborative research and development and transparency while ensuring that im-
provements and modifications made to such foundational AI model and its associated software remain
accessible to the community. By exercising any of the rights granted in this license agreement, you
agree to the terms of this license agreement.
License Terms
1 Definitions
"License“ means this license agreement.
“Licensor” means IPAI Aleph Alpha Research GmbH or its legal successor
“Non-Administrative” means the use described in Section 4.
“Non-Commercial” means the use described in Section 3.
"Work“ means any source code, binaries, files, data, data models, databases and other materials in-
cluding documentation made available under this License. For clarity, Licensor does not claim any rights
to the output generated by using the Works and Derivative Works in compliance with this License.
“Derivative Work” means a work based on or containing any Work licensed under this License or a
portion of it, either verbatim or with modifications and/or translated into another language.
2 License Grant
Subject to the terms and conditions of this License, the Licensor grants you a non-exclusive, worldwide,
non-transferable, non-sublicensable, and royalty-free limited right to use, copy, modify, distribute, make
otherwise publicly available, and reproduce the Works and Derivative Works under Licensor’s copyright,
for any Non-Commercial and Non-Administrative purpose.
You may not use, copy, modify, distribute, make otherwise publicly available, reproduce, or sublicense the
Works or Derivative Works except as expressly provided under and in accordance with this License.Your
rights granted under this License will automatically terminate if you fail to comply with any of the
terms of this License.
3 Non-Commercial use
3.1 Non-Commercial use means any use that is not primarily intended for or directed towards com-
mercial advantage or monetary compensation.
3.2 For sake of clarity, permitted Non-Commercial use of the Works under this License includes,
without limitation, any use for the following purposes:
a) Use for personal projects,
b) use in a non-profit context,
c) understanding the technology underlying the Works and/or understanding the imple-
mentation of the technology underlying the Works,
d) testing the Works and evaluating its behaviours as well as publishing or making publicly
available the results thereof for research purposes,
e) modifying the Works or creating Derivative Works for the purpose of contributing to the
collaborative research and development of the Works, and
f) academic use, i.e. purposes of teaching, learning, and researching,
provided in each case that the use of the Works or support or services relating thereto is not
primarily intended for or directed towards commercial advantage or monetary compensation.
3.3 For sake of clarity, Non-Commercial use of the Works under this License does not include ,
without limitation, any use for the following purposes:
a) Developing or deriving a product using the Works that is intended for or directed towards
commercial advantage,
b) supporting, improving, or integrating the Works into any existing or prospective prod-
ucts, projects, offers, consulting, or services that are intended for or directed towards
commercial advantage, and
c) combining or bundling the Works with products, projects, offers, consulting, or services
that are intended for or directed towards commercial advantage.
4 Non-Administrative use
4.1 Non-Administrative use means any use that is not by any entity, organ, institution, foundation, or
body which either exercises public authority or a publicly conferred task or is organized under
public law, other than for academic use, i.e. purposes of teaching, learning, and researching by
schools, universities, public research institutes and other public education bodies.
4.2 For sake of clarity, Non-Administrative use of the Works under this License does include, with-
out limitation, any use for the following purposes:
a) Research using the Works or Derivate Works and evaluating its behaviours at universi-
ties or public research institutes as well as publishing or making publicly available the
results,
b) modifying the Works or creating Derivative Works at public education bodies for the
purpose of contributing to the collaborative research and development of the Works,
and
c) using, testing, or modifying the Works to teach the underlying technology at a school.
4.3 For sake of clarity, Non-Administrative use of the Works under this License does not include,
without limitation, any use by the following entities and public bodies thereof:
a) Governments,
b) public administrations,
c) law enforcement agencies, and
d) courts and other public judiciary bodies.
5 License Text and Notices
If you distribute or otherwise make publicly available any Work or Derivative Work, you must keep intact
and provide the text of this License as well as any preexisting copyright notices. If you allow end users
to interact with any Work or Derivate Work via a user interface, you must provide the text of this Licensee
as well as any preexisting copyright notices in a customary form.
6 Derivative Works
If you distribute or otherwise make publicly available any Derivative Works, you must
a) cause the Derivative Works to carry prominent notices stating that you modified the
files, the modifications made to the files and the date of any modification,
b) provide the complete corresponding source code to all recipients in a
customary form, and
c) cause the Derivative Works to be licensed as a whole at no charge to all
third parties under the terms of this License. You may not modify this
License or impose further restrictions on the rights granted under this
License or charge fees or royalties for the rights granted under this License.
7 Downstream License
Each time you distribute or otherwise make publicly available any Works or Derivative
Works, the recipient of your distribution or otherwise making publicly available
automatically receives a license to the Works from the original Licensor as the central
Licensor for such downstream use. This downstream license is subject to the terms and
conditions of the original License under which the Works were provided.
8 LIMITATION OF LIABILITY
EXCEPT FOR DAMAGES CAUSED BY INTENT OR FRAUDULENTLY CONCEALED
DEFECTS, AND EXCEPT FOR DAMAGES RESULTING FROM BREACH OF ANY
WARRANTY OR GUARANTEE EXPRESSLY GIVEN BY LICENSOR IN THIS LICENCE,
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK. ANY
MANDATORY STATUTORY LIABILITY UNDER APPLICABLE LAW REMAINS
UNAFFECTED.
9 NO WARRANTY
EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR REQUIRED BY APPLICABLE
LAW, THE WORKS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING
THE CONTENTS, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
10 Restrictions
You may not use the Works or Derivative Works to violate any applicable law or regulation
or the terms of this License or for the purpose of intentionally discriminating, exploiting,
harming or harassing any person.
Open Diameter License
Open Diameter: Open-source software for the Diameter and Diameter related protocols
Copyright (C) 2002-2007 Open Diameter Project
This software consists of two parts, namely LGPL Part and GPL Part, which use different licences as described below.
========= LGPL Part =========
Each of the following libraries:
- libdiamparser (Diameter parser library) - libdiameter (Diameter library) - libdiametereap (Diameter EAP application library) - libdiameternasreq (Diameter NASREQ application library) - libeap (EAP library) - libeaparchie (EAP-Archie method library) - libpana (PANA library)
is licensed under the following terms and conditions.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.
In addition, when you copy and redistribute some or the entire part of the source code of this software with or without modification, you MUST include this copyright notice in each copy.
If you make any changes that are appeared to be useful, please send sources that include the changed part to diameter-developers@lists.sourceforge.net so that we can reflect your changes to one unified version of this software.
======== GPL Part ========
Each of the following programs (libraries are also programs):
- libeaptls (EAP-TLS method library) - libNASREQ (Diameter - freeradius translator) - panad (PANA daemon) - nasd (NAS daemon, including hostapdPatch) - aaad (AAA server daemon)
is licensed under the following terms and conditions.
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 US.
If you make any changes that are appeared to be useful, please send sources that include the changed part to diameter-developers@lists.sourceforge.net so that we can reflect your changes to one unified version of this software.
THE OPEN GROUP PUBLIC LICENSE
MOTIF GRAPHICAL USER INTERFACE SOFTWARE
THE ACCOMPANYING PROGRAM IS
PROVIDED UNDER THE TERMS OF THIS THE OPEN GROUP PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
DEFINITIONS
"Contribution" means:
in the case of The Open Group, L.L.C. ("The Open Group"), the Original Program, and
in the case of each Contributor,
i. †changes to the Program, and
ii. additions to the Program;
where such changes
and/or additions to the Program originate from and are distributed by that
particular Contributor. A Contribution 'originates' from a Contributor if it
was added to the Program by such Contributor itself or anyone acting on such
Contributor's behalf. Contributions do not include additions to the Program
which:
i. are separate modules of software distributed in conjunction
with the Program under their own license agreement, even if the separate
modules are linked in binary form to the Program, and
ii. are not derivative works of the Program.
"Contributor" means The Open Group and any other entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Open Source" programs mean software for which the source code is
available without confidential or trade secret restrictions and for which the
source code and object code are available for distribution without license
charges.
"Original Program" means the original version of the software accompanying
this Agreement as released by The Open Group, including source code, object
code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
GRANT OF RIGHTS
The rights
granted under this license are limited solely to distribution and sublicensing
of the Contribution(s) on, with, or for operating systems which are themselves
Open Source programs. Contact The Open Group for a license allowing
distribution and sublicensing of the Original Program on, with, or for
operating systems which are not Open Source programs.
Subject to the terms of this Agreement and the
limitations of this Section 2, each Contributor hereby grants Recipient a
non-exclusive, worldwide, royalty-free copyright license to reproduce,
prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any,
and such derivative works, in source code and object code form.
†Subject to
the terms of this Agreement and the limitations of this Section 2, each
Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free patent license under Licensed Patents to make, use, sell,
offer to sell, import and otherwise transfer the Contribution of such
Contributor, if any, in source code and object code form. This patent
license shall apply to the combination of the Contribution and the
Program if, at the time the Contribution is added by the Contributor,
such addition of the Contribution causes such combination to be covered
by the Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.
Recipient understands that although each
Contributor grants the licenses to its Contributions set forth herein, no
assurances are provided by any Contributor that the Program does not
infringe the patent or other intellectual property rights of any other
entity. Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights and
licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed,
if any. For example, if a third party patent license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility to
acquire that license before distributing the Program.
Each Contributor represents that to its knowledge
it has sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a. it
complies with the terms and conditions of this Agreement; and
b. its license agreement:
i. effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or conditions
of merchantability and fitness for a particular purpose;
ii. effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
iii. states that any provisions which differ from this Agreement
are offered by that Contributor alone and not by any other party; and
iv. states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner on
or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a. it must be made available under this Agreement; and
b. a copy of this Agreement must be included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in the Program:
Copyright (c) {date here}, The Open Group Ltd. and others. All Rights Reserved.
In addition,
each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
COMMERCIAL DISTRIBUTION
Commercial
distributors of software may accept certain responsibilities with respect to
end users, business partners and the like. While this license is intended to
facilitate the commercial use of the Program, subject to the limitations
provided in Section 2, the Contributor who includes the Program in a commercial
product offering should do so in a manner which does not create potential
liability for other Contributors. Therefore, if a Contributor includes the
Program in a commercial product offering, such Contributor ("Commercial
Contributor") hereby agrees to defend and indemnify every other
Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and
other legal actions brought by a third party against the Indemnified
Contributor to the extent caused by the acts or omissions of such Commercial
Contributor in connection with its distribution of the Program in a commercial
product offering. The obligations in this section do not apply to any claims or
Losses relating to any actual or alleged intellectual property infringement. In
order to qualify, an Indemnified Contributor must:
a. promptly notify the Commercial Contributor in writing of such claim, and
b. allow the Commercial Contributor to control, and cooperate with the Commercial
Contributor in, the defence and any related settlement negotiations.
The Indemnified Contributor may participate in any such claim at its own expense.
For example, a
Contributor might include the Program in a commercial product offering, Product
X. That Contributor is then a Commercial Contributor. If that Commercial
Contributor then makes performance claims, or offers warranties related to
Product X, those performance claims and warranties are such Commercial
Contributor's responsibility alone. Under this section, the Commercial
Contributor would have to defend claims against the other Contributors related
to those performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor must pay
those damages.
NO WARRANTY
EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS
IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using
and distributing the Program and assumes all risks associated with its exercise
of rights under this Agreement, including but not limited to the risks and
costs of program errors, compliance with applicable laws, damage to or loss of
data, programs or equipment, and unavailability or interruption of operations.
DISCLAIMER OF LIABILITY
EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL
If any provision
of this Agreement is invalid or unenforceable under applicable law, it shall
not affect the validity or enforceability of the remainder of the terms of this
Agreement, and without further action by the parties hereto, such provision
shall be reformed to the minimum extent necessary to make such provision valid
and enforceable.
If Recipient
institutes patent litigation or other similar official proceedings to enforce
patent rights against a Contributor with respect to a patent applicable to
software (including a cross-claim or counterclaim in a lawsuit), then any
patent licenses granted by that Contributor to such Recipient under this
Agreement shall terminate as of the date such litigation is filed. In addition,
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program itself
(excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted
under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's
rights under this Agreement shall terminate if it fails to comply with any of
the material terms or conditions of this Agreement and does not cure such
failure in a reasonable period of time after becoming aware of such
non-compliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue
and survive.
The Open Group
may publish new versions (including revisions) of this Agreement from time to
time. Each new version of the Agreement will be given a distinguishing version
number. The Program (including Contributions) may always be distributed subject
to the version of the Agreement under which it was received. In addition, after
a new version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new version. No
one other than The Open Group has the right to modify this Agreement. Except as
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights
or licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel or otherwise. All rights
in the Program not expressly granted under this Agreement are reserved.
No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
OPEN PUBLIC LICENSE
Version 1.0
1. Definitions.
1.1. "Contributor" means each entity that creates or contributes to the creation of
Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular
Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial
Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work, which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document and the corresponding addendum describe in
section 6.4 below.
1.9. "Modifications" means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When Covered
Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code, and
which, at the time of its release under this License is not already Covered Code
governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an Executable,
or a list of source code differential comparisons against either the Original Code or
another well known, available Covered Code of the Contributor's choice. The Source
Code can be in a compressed or archival form, provided the appropriate
decompression or de-archiving software is widely available for no charge.
1.12. "You" means an individual or a legal entity exercising rights under, and
complying with all of the terms of, this License or a future version of this License
issued under Section 6.1. For legal entities, "You" includes any entity which controls,
is controlled by, or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b) ownership of
fifty percent (50%) or more of the outstanding shares or beneficial ownership of such
entity.
1.13 "License Author" means Lutris Technologies, Inc.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a worldwide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) to use,
reproduce, modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, or as part of a Larger
Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer,
to make, have made, use and sell ("offer to sell and import") the Original
Code (or portions thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Original Code (or portions
thereof) and not to any greater extent that may be necessary to Utilize further
Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a worldwide, royalty-free, non-exclusive license,
subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) to use,
reproduce, modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code or as part of a
Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to to
make, have made, use and sell ("offer to sell and import") the Contributor
Version (or portions thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Contributor Version (or
portions thereof), and not to any greater extent that may be necessary to
Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the
terms of this License, including without limitation Section 2.2. The Source Code
version of Covered Code may be distributed only under the terms of this License or a
future version of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You distribute. You may not
offer or impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder. However, You
may include an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available, prior to any use, except for internal development and practice, in Source
Code form under the terms of this License either on the same media as an
Executable version or via an accepted Electronic Distribution Mechanism to anyone
to whom you made an Executable version available; and if made available via
Electronic Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six (6) months after a
subsequent version of that particular Modification has been made available to such
recipients. You shall notify the Initial Developer of the Modification and the location of
the Source Code via the contact means provided for in the Developer Specific
license. Initial Developer will be acting as maintainer of the Source Code and may
provide an Electronic Distribution mechanism for the Modification to be made
available.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer in (a) the Source Code, and (b) in any
notice in an Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in
particular functionality or code (or its utilization under this License), you must
include a text file with the source code distribution titled "LEGAL" which
describes the claim and the party making the claim in sufficient detail that a
recipient will know whom to contact. If you obtain such knowledge after You
make Your Modification available as described in Section 3.2, You shall
promptly modify the LEGAL file in all copies You make available thereafter
and shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the
Covered Code that new knowledge has been obtained.
(b) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the rights
conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this
License in any documentation for the Source Code, where You describe recipients'
rights relating to Covered Code. If You created one or more Modification(s), You may
add your name as a Contributor to the notice described in Exhibit A. If it is not
possible to put such notice in a particular Source Code file due to its structure, then
you must include such notice in a location (such as a relevant directory file) where a
user would be likely to look for such a notice. You may choose to offer, and to charge
a fee for, warranty, support, indemnity or liability obligations to one or more recipients
of Covered Code. However, You may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You must make it absolutely clear
that any such warranty, support, indemnity or liability obligation is offered by You
alone, and You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available under the
terms of this License, including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included in any notice
in an Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the Executable
version of Covered Code under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt to limit or
alter the recipient's rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different license You must
make it absolutely clear that any terms which differ from this License are offered by
You alone, not by the Initial Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of any such terms You offer. If you
distribute executable versions containing Covered Code, you must reproduce the
notice in Exhibit B in the documentation and/or other materials provided with the
product.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a single
product. In such a case, You must make sure the requirements of this License are
fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect
to some or all of the Covered Code due to statute or regulation then You must: (a)
comply with the terms of this License to the maximum extent possible; and (b) Cite
all of the statutes or regulations that prohibit you from complying fully with this
license. (c) describe the limitations and the code they affect. Such description must
be included in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by statute or
regulation, such description must be sufficiently detailed for a recipient of ordinary
skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in
Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
License Author may publish revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version number and shall be
submitted to opensource.org for certification.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by Initial Developer. No one other than Initial Developer has the
right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License, except in association with the
required Devloper Specific License described in section 6.4, (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), you must (a) rename Your license so that the phrases "Open", "OpenPL",
"OPL" or any confusingly similar phrase do not appear anywhere in your license and
(b) otherwise make it clear that your version of the license contains terms which differ
from the Open Public License. (Filling in the name of the Initial Developer, Original
Code or Contributor in the notice described in Exhibit A shall not of themselves be
deemed to be modifications of this License.)
6.4. Required Additional Developer Specific License
This license is a union of the following two parts that should be found as text files in
the same place (directory), in the order of preeminence:
[1] A Developer specific license.
[2] The contents of this file OPL.html, stating the general licensing policy of
the software.
In case of conflicting dispositions in the parts of this license, the terms of the lower-
numbered part will always be superseded by the terms of the higher numbered part.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY
COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
8. TERMINATION.
8.1 Termination upon Breach
This License and the rights granted hereunder will terminate automatically if You fail
to comply with terms herein and fail to cure such breach within 30 days of becoming
aware of the breach. All sublicenses to the Covered Code, which are properly
granted, shall survive any termination of this License. Provisions that, by their nature,
must remain in effect beyond the termination of this License shall survive.
8.2. Termination Upon Litigation.
If You initiate litigation by asserting a patent
infringement claim (excluding declatory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against whom You file such action
is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of Modifications made by
such Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon
in writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any rights
granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
revoked effective as of the date You first made, used, sold, distributed, or
had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such
Participant's Contributor Version directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account in determining the
amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by
You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with
only those rights set forth herein.
11. MISCELLANEOUS.
This section was intentionally left blank. The contents of this section are found in the
corresponding addendum described above.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You
are responsible for damages arising, directly or indirectly, out of Your utilization of
rights under this License, based on the number of copies of Covered Code you made
available, the revenues you received from utilizing such rights, and other relevant
factors. You agree to work with affected parties to distribute with Initial Developer
responsibility on an equitable basis.
Exhibit A.
Text for this Exhibit A is found in the corresponding addendum, described in section
6.4 above, text file provided by the Initial Developer. This license is not valid or
complete with out that file.
Exhibit B.
Text for this Exhibit B is found in the corresponding addendum, described in section
6.4 above, text file provided by the Initial Developer. This license is not valid or
complete with out that file.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
4. Notwithstanding any other provision of this License, and as a material condition of the rights granted herein, licensees are strictly prohibited from altering, removing, obscuring, or replacing any "Open WebUI" branding, including but not limited to the name, logo, or any visual, textual, or symbolic identifiers that distinguish the software and its interfaces, in any deployment or distribution, regardless of the number of users, except as explicitly set forth in Clauses 5 and 6 below.
5. The branding restriction enumerated in Clause 4 shall not apply in the following limited circumstances: (i) deployments or distributions where the total number of end users (defined as individual natural persons with direct access to the application) does not exceed fifty (50) within any rolling thirty (30) day period; (ii) cases in which the licensee is an official contributor to the codebase—with a substantive code change successfully merged into the main branch of the official codebase maintained by the copyright holder—who has obtained specific prior written permission for branding adjustment from the copyright holder; or (iii) where the licensee has obtained a duly executed enterprise license expressly permitting such modification. For all other cases, any removal or alteration of the "Open WebUI" branding shall constitute a material breach of license.
6. All code, modifications, or derivative works incorporated into this project prior to the incorporation of this branding clause remain licensed under the BSD 3-Clause License, and prior contributors retain all BSD-3 rights therein; if any such contributor requests the removal of their BSD-3-licensed code, the copyright holder will do so, and any replacement code will be licensed under the project's primary license then in effect. By contributing after this clause's adoption, you agree to the project's Contributor License Agreement (CLA) and to these updated terms for all new contributions.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
# The Model License
This is an Open Weights permissive license for NNWs.
# Open Weights Permissive License
# Version 1.0.0
## Scope
This license covers any AI-specific elements, such as neural networks or any other type of machine learning model, deep learning model, artificial intelligence model, software, data, or other material that is designated as being available under this license.
## License
The licensor grants you the rights to do everything with the licensed elements that would otherwise infringe that contributor’s intellectual property rights, including without limitation copyright, patent rights, and trade secret rights. However, this license grants you no trademark or publicity rights.
## Notices
If you modify the licensed elements and provide them to others, you may apply terms of your choice; however, if you provide any of the licensed elements to others in a manner that requires the license granted above, you must inform the recipient that the elements are available under this license, either by providing a copy of this license, or a reference to [URL TBD].
## No Liability
As far as the law allows, each element is provided as is, without any warranty or condition, and the license will not be liable to anyone for any damages related to any licensed element or this license, under any kind of legal claim.
Thank you for using OpenAI!
These Terms of Use apply when you use the services of OpenAI, L.L.C. or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (“Services”). The Terms include our Service Terms, Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
1. Registration and Access
You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
2. Usage Requirements
(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with OpenAI; (iv) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (vii) buy, sell, or transfer API keys without our prior consent; or (viii), send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by OpenAI.
(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
3. Content
(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. OpenAI may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for OpenAI or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
(c) Use of Content to Improve Services. We do not use Content that you provide to or receive from our API (“API Content”) to develop or improve our Services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Services. You can read more here about how Non-API Content may be used to improve model performance. If you do not want your Non-API Content used to improve Services, you can opt out by filling out this form. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
4. Fees and Payments
(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize OpenAI and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.
(b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. OpenAI uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
(c) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
(d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact ar@openai.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
(e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.
5. Confidentiality, Security and Data Protection
(a) Confidentiality. You may be given access to Confidential Information of OpenAI, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that OpenAI or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to OpenAI and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact OpenAI and provide details of the vulnerability or breach.
(c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using the OpenAI API for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, please fill out this form to request to execute our Data Processing Addendum.
6. Term and Termination
(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution) or 9 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-9.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION. You and OpenAI agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes.
(b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against OpenAI, you agree to try to resolve the dispute informally by sending us notice at dispute-resolution@openai.com of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, OpenAI will pay them for you. OpenAI will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, except a California court has the authority to determine (i) the scope, enforceability, and arbitrability of this Section 8, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.
(e). Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.
(g) Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against OpenAI or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.
(h) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.
9. General Terms
(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and OpenAI or any of OpenAI’s affiliates. OpenAI and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Use of Brands. You may not use OpenAI’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
(c) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
(d) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
OpenAI, L.L.C.
3180 18th St
San Francisco, CA 94110
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(e) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
(f) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
(g) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. OpenAI accepts service of process at this address: OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110, Attn: contract-notices@openai.com.
(h) Waiver and Severability. If you do not comply with these Terms, and OpenAI does not take action right away, this does not mean OpenAI is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(i) Export Controls. The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
(j) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to OpenAI and its affiliates, and OpenAI shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(k) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and OpenAI regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and OpenAI on that subject.
(l) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of California, excluding California’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA.
OpenAI Terms of Use
Effective: December 11, 2024
Thank you for using OpenAI!
These Terms of Use apply to your use of ChatGPT, DALL·E, and OpenAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and OpenAI, L.L.C., a Delaware company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.
If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms.
Our Business Terms govern use of ChatGPT Enterprise, our APIs, and our other services for businesses and developers.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Who we are
OpenAI is an AI research and deployment company. Our mission is to ensure that artificial general intelligence benefits all of humanity. For more information about OpenAI, please visit https://openai.com/about.
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
Modify, copy, lease, sell or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extract data or Output (defined below).
Represent that Output was human-generated when it was not.
Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Use Output to develop models that compete with OpenAI.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.
Corporate domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you're using ChatGPT through Apple's integrations, see this Help Center article(opens in a new window) for how we handle your Content.
Opt out. If you do not want us to use your Content to train our models, you can opt out by following the instructions in this Help Center article(opens in a new window). Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with OpenAI.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines.
Paid accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms.
Cancellation. You can cancel(opens in a new window) your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
You breached these Terms or our Usage Policies.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to OpenAI, our users, or anyone else.
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team(opens in a new window).
Discontinuation of Services
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
Disclaimer of warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Indemnity
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Dispute resolution
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form(opens in a new window). If you opt out of an update, the last set of agreed upon arbitration terms will apply.
Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through this form(opens in a new window). We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here(opens in a new window)). OpenAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and OpenAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and OpenAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and OpenAI agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
OpenAI, L.L.C.
1455 3rd Street
San Francisco, CA 94158
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site so we can find it
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
General Terms
Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Entire agreement. These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
Additional Permission Granted by tagServlet Ltd:
tagServlet Ltd grants the user the exception to distribute the entire
Open BlueDragon runtime libraries without the web application (.cfml, .html,
.js, .css, etc) that Open BlueDragon powers, from itself being licensed
under the GNU General Public License (v3), as long the entire runtime
remains intact and includes all license information.
This exception does not overrule the embedded JAR files and where applicable
the entire Open BlueDragon runtime only, must be available for inspection if
ever asked, complete with all these copyright and license information.
This applies only to distribution for the purpose of powering end-user CFML
applications. This exception does not include embedding/linking any part of the
runtime of Open BlueDragon within any other application other than a Servlet container
whose sole purpose is to render CFML applications. Linking or usage by any
Java application (even through CFML), is not permitted.
Any modification, enhancements, linking, to the Open BlueDragon runtime still falls
under the GNU General Public License (v3).
openCARP v1.0
Terms and Conditions for Use, Copying, Distribution and Modification
Definitions
"Program" means a copy of openCARP, which is said to be distributed under this Academic Public License.
"Work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".)
"Using the Program" means any act of creating executables that contain or directly use libraries that are part of the Program, running any of the tools that are part of the Program, or creating works based on the Program.
Each licensee is addressed as "you".
§1. Permission is hereby granted to use the Program free of charge for any non-commercial purpose, including teaching and research at universities, colleges and other educational institutions, non-commercial research at organizations that are either not-for-profit or reinvest all profits in their scientific research, and personal not-for-profit purposes. For using the Program for commercial purposes, including but not restricted to commercial research at academic institutions, industrially sponsored research at academic institutions, consulting activities, and design of commercial hardware or software products or services, you have to contact info@opencarp.org for an appropriate license.
§2. You may copy and distribute verbatim copies of the source code of the program via any medium, provided that you add a conspicuous and appropriate copyright notice and a warranty disclaimer to each copy. Retain all notices relating to this license and the lack of any warranty. Forward a copy of this license to all other recipients of the program.
§3. You are entitled to change your copies of the Program or a part thereof and thus create a work based on the Program. You may copy and distribute changes or work in accordance with the provisions of Section 2 provided you also meet all of the following conditions: a) You must ensure that the changed files are provided with noticeable comments stating the author of the change and when this change was made. b) You must ensure that all work that you distribute or publish, that contains or is derived from the Program or parts thereof, as a whole, is licensed under the conditions of this license.
These requirements apply to the changed work as a whole. If identifiable sections of this work do not come from the Program and can be considered separate, this license and its terms do not apply to those sections if you distribute them as separate work. However, if you distribute the same sections as part of a whole that is based on the Program, the distribution of the whole must be done in accordance with the terms of this license as outlined in §2, independently of who wrote it.
The mere merging of another work that is not based on the Program with the Program (or a work based on the Program) does not bring the other work into the scope of this license.
§4. You may copy and distribute the Program (or a work based on it, in accordance with §3, in object code or executable form in accordance with the provisions of above Sections 2 and 3, provided that you also add the complete corresponding machine-readable source code. For an executable program, complete source code means the entire source code for all modules contained therein, as well as all associated interface definition files and scripts, with which the compilation and installation of the executable file is controlled.
§5. Any attempt to copy, modify, sublicense or distribute the Program in any other way than specified in this license is void, and will automatically terminate your rights under this license. However, parties who have received copies or rights from you under this license will not lose their license as long as these parties fully comply with the terms.
§6. You do not have to accept this license because you have not signed it. However, if you want to change or distribute the Program (or a work based on the Program), you automatically consent to this license and all its terms for copying, distributing or changing the program or the works based upon it.
§7. Each time you redistribute the Program (or any work based on the Program), the recipient automatically acquires a license from the initial licensor to copy, distribute or modify the Program in accordance with these terms and conditions. You may not impose any further restrictions on the recipient's exercise of the rights granted here. You are not responsible for ensuring that this license is enforced by third parties.
§8. If, as a result of a court decision or violation of a patent right, or for any other reason (not limited to patent issues), conditions are imposed that conflict with the terms of this license, you will not be released from the terms of this license. If you cannot distribute the Program because you would have to meet obligations under this license and other obligations at the same time, you may not distribute the Program at all.
§9. If the distribution and/or use of the Program in certain countries is restricted either by patents or by copyrighted interfaces, the original copyright holder who puts the Program under this license may add an explicit geographic distribution restriction that excludes these countries. In this case, this license contains the restriction as if it was written in the body of this license.
No Warranty
§10. Since the Program is licensed for free, there is no guarantee for the Program to the extent permitted by applicable law. Unless otherwise specified in writing, the copyright holders and/or other parties provide the Program "as is" without any expressed or implied guarantee, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk to the quality and performance of the Program is yours. If the Program turns out to be faulty, you are responsible for the costs for all necessary maintenance, repair or correction work.
§11. Under no circumstances will a copyright holder or any other party who can modify and/or redistribute the Program as permitted above be liable for damage, including general, special, accidental or other damage, unless this is required by law or agreed in writing. The disclaimer also includes consequential damages that result from using the Program alone or in conjunction with other programs, including but not limited to the loss or corruption of data.
In case the above text differs from the license file in the source distribution, the latter is the valid one.
THE OPEN GROUP PUBLIC LICENSE
MOTIF GRAPHICAL USER INTERFACE SOFTWARE
THE ACCOMPANYING PROGRAM IS
PROVIDED UNDER THE TERMS OF THIS THE OPEN GROUP PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
DEFINITIONS
"Contribution" means:
in the case of The Open Group, L.L.C. ("The Open Group"), the Original Program, and
in the case of each Contributor,
i. †changes to the Program, and
ii. additions to the Program;
where such changes
and/or additions to the Program originate from and are distributed by that
particular Contributor. A Contribution 'originates' from a Contributor if it
was added to the Program by such Contributor itself or anyone acting on such
Contributor's behalf. Contributions do not include additions to the Program
which:
i. are separate modules of software distributed in conjunction
with the Program under their own license agreement, even if the separate
modules are linked in binary form to the Program, and
ii. are not derivative works of the Program.
"Contributor" means The Open Group and any other entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Open Source" programs mean software for which the source code is
available without confidential or trade secret restrictions and for which the
source code and object code are available for distribution without license
charges.
"Original Program" means the original version of the software accompanying
this Agreement as released by The Open Group, including source code, object
code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
GRANT OF RIGHTS
The rights
granted under this license are limited solely to distribution and sublicensing
of the Contribution(s) on, with, or for operating systems which are themselves
Open Source programs. Contact The Open Group for a license allowing
distribution and sublicensing of the Original Program on, with, or for
operating systems which are not Open Source programs.
Subject to the terms of this Agreement and the
limitations of this Section 2, each Contributor hereby grants Recipient a
non-exclusive, worldwide, royalty-free copyright license to reproduce,
prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any,
and such derivative works, in source code and object code form.
†Subject to
the terms of this Agreement and the limitations of this Section 2, each
Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free patent license under Licensed Patents to make, use, sell,
offer to sell, import and otherwise transfer the Contribution of such
Contributor, if any, in source code and object code form. This patent
license shall apply to the combination of the Contribution and the
Program if, at the time the Contribution is added by the Contributor,
such addition of the Contribution causes such combination to be covered
by the Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.
Recipient understands that although each
Contributor grants the licenses to its Contributions set forth herein, no
assurances are provided by any Contributor that the Program does not
infringe the patent or other intellectual property rights of any other
entity. Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights and
licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed,
if any. For example, if a third party patent license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility to
acquire that license before distributing the Program.
Each Contributor represents that to its knowledge
it has sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a. it
complies with the terms and conditions of this Agreement; and
b. its license agreement:
i. effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or conditions
of merchantability and fitness for a particular purpose;
ii. effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
iii. states that any provisions which differ from this Agreement
are offered by that Contributor alone and not by any other party; and
iv. states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner on
or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a. it must be made available under this Agreement; and
b. a copy of this Agreement must be included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in the Program:
Copyright (c) {date here}, The Open Group Ltd. and others. All Rights Reserved.
In addition,
each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
COMMERCIAL DISTRIBUTION
Commercial
distributors of software may accept certain responsibilities with respect to
end users, business partners and the like. While this license is intended to
facilitate the commercial use of the Program, subject to the limitations
provided in Section 2, the Contributor who includes the Program in a commercial
product offering should do so in a manner which does not create potential
liability for other Contributors. Therefore, if a Contributor includes the
Program in a commercial product offering, such Contributor ("Commercial
Contributor") hereby agrees to defend and indemnify every other
Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and
other legal actions brought by a third party against the Indemnified
Contributor to the extent caused by the acts or omissions of such Commercial
Contributor in connection with its distribution of the Program in a commercial
product offering. The obligations in this section do not apply to any claims or
Losses relating to any actual or alleged intellectual property infringement. In
order to qualify, an Indemnified Contributor must:
a. promptly notify the Commercial Contributor in writing of such claim, and
b. allow the Commercial Contributor to control, and cooperate with the Commercial
Contributor in, the defence and any related settlement negotiations.
The Indemnified Contributor may participate in any such claim at its own expense.
For example, a
Contributor might include the Program in a commercial product offering, Product
X. That Contributor is then a Commercial Contributor. If that Commercial
Contributor then makes performance claims, or offers warranties related to
Product X, those performance claims and warranties are such Commercial
Contributor's responsibility alone. Under this section, the Commercial
Contributor would have to defend claims against the other Contributors related
to those performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor must pay
those damages.
NO WARRANTY
EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS
IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using
and distributing the Program and assumes all risks associated with its exercise
of rights under this Agreement, including but not limited to the risks and
costs of program errors, compliance with applicable laws, damage to or loss of
data, programs or equipment, and unavailability or interruption of operations.
DISCLAIMER OF LIABILITY
EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL
If any provision
of this Agreement is invalid or unenforceable under applicable law, it shall
not affect the validity or enforceability of the remainder of the terms of this
Agreement, and without further action by the parties hereto, such provision
shall be reformed to the minimum extent necessary to make such provision valid
and enforceable.
If Recipient
institutes patent litigation or other similar official proceedings to enforce
patent rights against a Contributor with respect to a patent applicable to
software (including a cross-claim or counterclaim in a lawsuit), then any
patent licenses granted by that Contributor to such Recipient under this
Agreement shall terminate as of the date such litigation is filed. In addition,
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program itself
(excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted
under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's
rights under this Agreement shall terminate if it fails to comply with any of
the material terms or conditions of this Agreement and does not cure such
failure in a reasonable period of time after becoming aware of such
non-compliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue
and survive.
The Open Group
may publish new versions (including revisions) of this Agreement from time to
time. Each new version of the Agreement will be given a distinguishing version
number. The Program (including Contributions) may always be distributed subject
to the version of the Agreement under which it was received. In addition, after
a new version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new version. No
one other than The Open Group has the right to modify this Agreement. Except as
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights
or licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel or otherwise. All rights
in the Program not expressly granted under this Agreement are reserved.
No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
The Open Group Test Suite License
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
Testing is essential for proper development and maintenance of standards-based products.
For buyers: adequate conformance testing leads to reduced integration costs and protection of investments in applications, software and people.
For software developers: conformance testing of platforms and middleware greatly reduces the cost of developing and maintaining multi-platform application software.
For suppliers: In-depth testing increases customer satisfaction and keeps development and support costs in check. API conformance is highly measurable and suppliers who claim it must be able to substantiate that claim.
As such, since these are benchmark measures of conformance, we feel the integrity of test tools is of importance. In order to preserve the integrity of the existing conformance modes of this test package and to permit recipients of modified versions of this package to run the original test modes, this license requires that the original test modes be preserved.
If you find a bug in one of the standards mode test cases, please let us know so we can feed this back into the original, and also raise any specification issues with the appropriate bodies (for example the POSIX committees).
Definitions:
* "Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
* "Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
* "Copyright Holder" is whoever is named in the copyright or copyrights for the package. "You" is you, if you're thinking about copying or distributing this Package.
* "Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
* "Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
*
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least the following:
rename any non-standard executables and testcases so the names do not conflict with standard executables and testcases, which must also be provided, and provide a separate manual page for each non-standard executable and testcase that clearly documents how it differs from the Standard Version.
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least the following:
accompany any non-standard executables and testcases with their corresponding Standard Version executables and testcases, giving the non-standard executables and testcases non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
7.Subroutines supplied by you and linked into this Package shall not be considered part of this Package.
8. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The OpenI Public License Version 1.0 ("OPL") consists of the Mozilla Public
License Version 1.1, modified to be specific to OpenI, with the Additional
Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
http://www.mozilla.org/MPL/MPL-1.1.html
OPENI PUBLIC LICENSE
Version 1.0
--------------------------------------------------------------------------------
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the
creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance
or structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no
charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities, "You''
includes any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, "control'' means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on
the date Initial Developer first distributes Original Code under the terms
of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Code; 2) separate from the Original Code;
or 3) for infringements caused by: i) the modification of the Original Code or
ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor
(or portions thereof) either on an unmodified basis, with other Modifications,
as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
by that Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor Version (or portions
of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version; 3) for infringements caused
by: i) third party modifications of Contributor Version or ii) the
combination of Modifications made by that Contributor with other software
(except as part of the Contributor Version) or other devices; or 4) under
Patent Claims infringed by Covered Code in the absence of Modifications
made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be distributed
only under the terms of this License or a future version of this License
released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or
impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder.
However, You may include an additional document offering the additional
rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on
the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is
maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL'' which describes the claim and the party making
the claim in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made available as
described in Section 3.2, Contributor shall promptly modify the LEGAL file in
all copies Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups) reasonably calculated
to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code.
If it is not possible to put such notice in a particular Source Code file
due to its structure, then You must include such notice in a location (such
as a relevant directory) where a user would be likely to look for such a
notice. If You created one or more Modification(s) You may add your name as
a Contributor to the notice described in Exhibit A. You must also duplicate
this License in any documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code. You may
choose to offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial Developer
or any Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone, and You
hereby agree to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements
of Section 3.1-3.5 have been met for that Covered Code, and if You include
a notice stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and where
You have fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights relating
to the Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may contain
terms different from this License, provided that You are in compliance with
the terms of this License and that the license for the Executable version
does not attempt to limit or alter the recipient's rights in the Source Code
version from the rights set forth in this License. If You distribute the
Executable version under a different license You must make it absolutely
clear that any terms which differ from this License are offered by You alone,
not by the Initial Developer or any Contributor. You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able
to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Loyalty Matrix Inc. (''Loyalty Matrix'') may publish revised and/or new
versions of the License from time to time. Each version will be given a
distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by Loyalty Matrix. No one other than Loyalty Matrix has the
right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases ''OpenI'',
''OPL'', ''Loyalty Matrix'', or any confusingly similar phrase do not appear in
your license (except to note that your license differs from this License) and
(b) otherwise make it clear that Your version of the license contains terms
which differ from the OpenI Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT
THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if
You fail to comply with terms herein and fail to cure such breach within 30 days of
becoming aware of the breach. All sublicenses to the Covered Code which are properly
granted shall survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as
"Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent,
then any and all rights granted by such Participant to You under Sections 2.1 and/or
2.2 of this License shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i) agree in writing to
pay Participant a mutually agreeable reasonable royalty for Your past and future use
of Modifications made by such Participant, or (ii) withdraw Your litigation claim
with respect to the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not mutually agreed upon
in writing by the parties or the litigation claim is not withdrawn, the rights granted
by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version,
directly or indirectly infringes any patent, then any rights granted to You by such
Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You
first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such
Participant's Contributor Version directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account in determining the
amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license
agreements (excluding distributors and resellers) which have been validly granted by You
or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If
any provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be
governed by California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
in which at least one party is a citizen of, or an entity chartered or registered to do
business in the United States of America, any litigation relating to this License shall
be subject to the jurisdiction of the Federal Courts of the Northern District of California,
with venue lying in Santa Clara County, California, with the losing party responsible for
costs, including without limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its utilization of rights under this
License and You agree to work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or shall be deemed to
constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as “Multiple-Licensed”.
“Multiple-Licensed” means that the Initial Developer permits you to utilize portions of
the Covered Code under Your choice of the SPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
OpenI Public License 1.0 - Exhibit A
The contents of this file are subject to the OpenI Public License Version 1.0
("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.openi.org/docs/opl-1.0.txt
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is: OpenI Open Source
The Initial Developer of the Original Code is Loyalty Matrix, Inc.
Portions created by Loyalty Matrix are Copyright (C) 2005 Loyalty Matrix, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices
in the Source Code files of the Original Code. You should use the text of this
Exhibit A rather than the text found in the Original Code Source Code for Your
Modifications.]
OpenI Public License 1.0 - Exhibit B
Additional Terms applicable to the OpenI Public License.
I. Effect.
These additional terms described in this OpenI Public License - Additional Terms
shall apply to the Covered Code under this License.
II. OpenI and logo.
This License does not grant any rights to use the trademarks "OpenI",
"Open Intelligence", and the "OpenI" logos even if such marks are included in the
Original Code or Modifications.
OpenJDK Assembly Exception
The OpenJDK source code made available by Oracle America, Inc. (Oracle) at
openjdk.java.net ("OpenJDK Code") is distributed under the terms of the GNU
General Public License <http://www.gnu.org/copyleft/gpl.html> version 2
only ("GPL2"), with the following clarification and special exception.
Linking this OpenJDK Code statically or dynamically with other code
is making a combined work based on this library. Thus, the terms
and conditions of GPL2 cover the whole combination.
As a special exception, Oracle gives you permission to link this
OpenJDK Code with certain code licensed by Oracle as indicated at
http://openjdk.java.net/legal/exception-modules-2007-05-08.html
("Designated Exception Modules") to produce an executable,
regardless of the license terms of the Designated Exception Modules,
and to copy and distribute the resulting executable under GPL2,
provided that the Designated Exception Modules continue to be
governed by the licenses under which they were offered by Oracle.
As such, it allows licensees and sublicensees of Oracle's GPL2 OpenJDK Code
to build an executable that includes those portions of necessary code that
Oracle could not provide under GPL2 (or that Oracle has provided under GPL2
with the Classpath exception). If you modify or add to the OpenJDK code,
that new GPL2 code may still be combined with Designated Exception Modules
if the new code is made subject to this exception by its copyright holder.
OPENJDK ASSEMBLY EXCEPTION
The OpenJDK source code made available openjdk.dev.java.net ("OpenJDK Code") is distributed under
the terms of the GNU General Public License <http://www.gnu.org/copyleft/gpl.html> version 2
only ("GPL2"), with the following clarification and special exception.
Linking this OpenJDK Code statically or dynamically with other code
is making a combined work based on this library. Thus, the terms
and conditions of GPL2 cover the whole combination.
As a special exception, Sun gives you permission to link this
OpenJDK Code with certain code licensed by Sun as indicated at
http://openjdk.java.net/legal/exception-modules-2007-05-08.html
("Designated Exception Modules") to produce an executable,
regardless of the license terms of the Designated Exception Modules,
and to copy and distribute the resulting executable under GPL2,
provided that the Designated Exception Modules continue to be
governed by the licenses under which they were offered by Sun.
As such, it allows licensees and sublicensees of Sun's GPL2 OpenJDK Code
to build an executable that includes those portions of necessary code that
Sun could not provide under GPL2 (or that Sun has provided under GPL2
with the Classpath exception). If you modify or add to the OpenJDK code,
that new GPL2 code may still be combined with Designated Exception Modules
if the new code is made subject to this exception by its copyright holder.
"CLASSPATH" EXCEPTION TO THE GPL
Certain source files distributed by Oracle America and/or its affiliates are
subject to the following clarification and special exception to the GPL, but
only where Oracle has expressly included in the particular source file's header
the words "Oracle designates this particular file as subject to the "Classpath"
exception as provided by Oracle in the LICENSE file that accompanied this code."
Linking this library statically or dynamically with other modules is making
a combined work based on this library. Thus, the terms and conditions of
the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of this library give you
permission to link this library with independent modules to produce an
executable, regardless of the license terms of these independent modules,
and to copy and distribute the resulting executable under terms of your
choice, provided that you also meet, for each linked independent module,
the terms and conditions of the license of that module. An independent
module is a module which is not derived from or based on this library. If
you modify this library, you may extend this exception to your version of
the library, but you are not obligated to do so. If you do not wish to do
so, delete this exception statement from your version.
OpenJDK Assembly Exception
The OpenJDK source code made available by Sun at openjdk.java.net and
openjdk.dev.java.net ("OpenJDK Code") is distributed under the terms of
the GNU General Public License <http://www.gnu.org/copyleft/gpl.html>
version 2 only ("GPL2"), with the following clarification and special
exception.
Linking this OpenJDK Code statically or dynamically with other code is
making a combined work based on this library. Thus, the terms and
conditions of GPL2 cover the whole combination.
As a special exception, Sun gives you permission to link this OpenJDK
Code with certain code licensed by Sun as indicated at
http://openjdk.java.net/legal/exception-modules-2007-05-08.html
("Designated Exception Modules") to produce an executable, regardless of
the license terms of the Designated Exception Modules, and to copy and
distribute the resulting executable under GPL2, provided that the
Designated Exception Modules continue to be governed by the licenses
under which they were offered by Sun.
As such, it allows licensees and sublicensees of Sun's GPL2 OpenJDK Code
to build an executable that includes those portions of necessary code
that Sun could not provide under GPL2 (or that Sun has provided under
GPL2 with the Classpath exception). If you modify or add to the OpenJDK
code, that new GPL2 code may still be combined with Designated Exception
Modules if the new code is made subject to this exception by its
copyright holder.
OpenJDK Designated Exception Modules
8 May 2007
For purposes of those files in the OpenJDK distribution that are subject
to the Assembly Exception, the following shall be deemed Designated
Exception Modules:
Those files in the OpenJDK distribution available at openjdk.java.net,
openjdk.dev.java.net, and download.java.net to which Sun has applied the
Classpath Exception,
Any of your derivative works of #1 above, to the extent you license them
under the GPLv2 with the Classpath Exception as defined in the OpenJDK
distribution available at openjdk.java.net, openjdk.dev.java.net, or
download.java.net,
Any files in the OpenJDK distribution that are made available at
openjdk.java.net, openjdk.dev.java.net, or download.java.net under a
binary code license, and
Any files in the OpenJDK distribution that are made available at
openjdk.java.net, openjdk.dev.java.net, or download.java.net under an
open source license other than GPL, and your derivatives thereof that
are in compliance with the applicable open source license.
The OpenLDAP Public License
Version 1.1, 25 August 1998
Copyright 1998, The OpenLDAP Foundation.
All Rights Reserved.
Note:
This license is derived from the "Artistic License" as distributed
with the Perl Programming Language. Its terms are different from
those of the "Artistic License."
PREAMBLE
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people involved,
and so on. (You will not be required to justify it to the
Copyright Holder, but only to the computing community at large
as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A Package
modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and
when you changed that file, and provided that you do at least ONE of the
following:
a) place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or
an equivalent medium, or placing the modifications on a major archive
site such as uunet.uu.net, or by allowing the Copyright Holder to include
your modifications in the Standard Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide
a separate manual page for each non-standard executable that clearly
documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) accompany the distribution with the machine-readable source of
the Package with your modifications.
c) accompany any non-standard executables with their corresponding
Standard Version executables, giving the non-standard executables
non-standard names, and clearly documenting the differences in manual
pages (or equivalent), together with instructions on where to get
the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this
Package. You may charge any fee you choose for support of this Package.
You may not charge a fee for this Package itself. However,
you may distribute this Package in aggregate with other (possibly
commercial) programs as part of a larger (possibly commercial) software
distribution provided that you do not advertise this Package as a
product of your own.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall
under the copyright of this Package, but belong to whomever generated
them, and may be sold commercially, and may be aggregated with this
Package.
7. C subroutines supplied by you and linked into this Package in order
to emulate subroutines and variables of the language defined by this
Package shall not be considered part of this Package, but are the
equivalent of input as in Paragraph 6, provided these subroutines do
not change the language in any way that would cause it to fail the
regression tests for the language.
8. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The OpenLDAP Public License
Version 1.2, 1 September 1998
Copyright 1998, The OpenLDAP Foundation.
All Rights Reserved.
Note:
This license is derived from the "Artistic License" as distributed
with the Perl Programming Language. As differences may exist,
the complete license should be read.
PREAMBLE
The intent of this document is to state the conditions under which
a Package may be copied, such that the Copyright Holder maintains
some semblance of artistic control over the development of the
package, while giving the users of the package the right to use
and distribute the Package in a more-or-less customary fashion,
plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people
involved, and so on. (You will not be required to justify it
to the Copyright Holder, but only to the computing community
at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form
of the Standard Version of this Package without restriction, provided
that you duplicate all of the original copyright notices and
associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A
Package modified in such a way shall still be considered the Standard
Version.
3. You may otherwise modify your copy of this Package in any way,
provided that you insert a prominent notice in each changed file
stating how and when you changed that file, and provided that you
do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise
make them Freely Available, such as by posting said modifications
to Usenet or an equivalent medium, or placing the modifications
on a major archive site such as uunet.uu.net, or by allowing
the Copyright Holder to include your modifications in the
Standard Version of the Package.
b) use the modified Package only within your corporation or
organization.
c) rename any non-standard executables so the names do not
conflict with standard executables, which must also be provided,
and provide a separate manual page for each non-standard
executable that clearly documents how it differs from the
Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
4. You may distribute the programs of this Package in object code
or executable form, provided that you do at least ONE of the
following:
a) distribute a Standard Version of the executables and library
files, together with instructions (in the manual page or
equivalent) on where to get the Standard Version.
b) accompany the distribution with the machine-readable source
of the Package with your modifications.
c) accompany any non-standard executables with their corresponding
Standard Version executables, giving the non-standard executables
non-standard names, and clearly documenting the differences in
manual pages (or equivalent), together with instructions on
where to get the Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
5. You may charge a reasonable copying fee for any distribution of
this Package. You may charge any fee you choose for support of
this Package. You may not charge a fee for this Package itself.
However, you may distribute this Package in aggregate with other
(possibly commercial) programs as part of a larger (possibly
commercial) software distribution provided that you do not advertise
this Package as a product of your own.
6. The scripts and library files supplied as input to or produced
as output from the programs of this Package do not automatically
fall under the copyright of this Package, but belong to whomever
generated them, and may be sold commercially, and may be aggregated
with this Package.
7. C subroutines supplied by you and linked into this Package in
order to emulate subroutines and variables of the language defined
by this Package shall not be considered part of this Package, but
are the equivalent of input as in Paragraph 6, provided these
subroutines do not change the language in any way that would cause
it to fail the regression tests for the language.
8. The name of the Copyright Holder may not be used to endorse or
promote products derived from this software without specific prior
written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The OpenLDAP Public License
Version 1.3, 17 January 1999
Copyright 1998-1999, The OpenLDAP Foundation.
All Rights Reserved.
Note:
This license is derived from the "Artistic License" as distributed
with the Perl Programming Language. As significant differences
exist, the complete license should be read.
PREAMBLE
The intent of this document is to state the conditions under which
a Package may be copied, such that the Copyright Holder maintains
some semblance of artistic control over the development of the
package, while giving the users of the package the right to use
and distribute the Package in a more-or-less customary fashion,
plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people
involved, and so on. (You will not be required to justify it
to the Copyright Holder, but only to the computing community
at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form
of the Standard Version of this Package without restriction, provided
that you duplicate all of the original copyright notices and
associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A
Package modified in such a way shall still be considered the Standard
Version.
3. You may otherwise modify your copy of this Package in any way,
provided that you insert a prominent notice in each changed file
stating how and when you changed that file, and provided that you
do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise
make them Freely Available, such as by posting said modifications
to Usenet or an equivalent medium, or placing the modifications
on a major archive site such as uunet.uu.net, or by allowing
the Copyright Holder to include your modifications in the
Standard Version of the Package.
b) use the modified Package only within your corporation or
organization.
c) rename any non-standard executables so the names do not
conflict with standard executables, which must also be provided,
and provide a separate manual page for each non-standard
executable that clearly documents how it differs from the
Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
4. You may distribute the programs of this Package in object code
or executable form, provided that you do at least ONE of the
following:
a) distribute a Standard Version of the executables and library
files, together with instructions (in the manual page or
equivalent) on where to get the Standard Version.
b) accompany the distribution with the machine-readable source
of the Package with your modifications.
c) accompany any non-standard executables with their corresponding
Standard Version executables, giving the non-standard executables
non-standard names, and clearly documenting the differences in
manual pages (or equivalent), together with instructions on
where to get the Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
5. You may charge a reasonable copying fee for any distribution of
this Package. You may charge any fee you choose for support of
this Package. You may not charge a fee for this Package itself.
However, you may distribute this Package in aggregate with other
(possibly commercial) programs as part of a larger (possibly
commercial) software distribution provided that you do not advertise
this Package as a product of your own.
6. The scripts and library files supplied as input to or produced
as output from the programs of this Package do not automatically
fall under the copyright of this Package, but belong to whomever
generated them, and may be sold commercially, and may be aggregated
with this Package.
7. C subroutines supplied by you and linked into this Package in
order to emulate subroutines and variables defined by this Package
shall not be considered part of this Package, but are the equivalent
of input as in Paragraph 6, provided these subroutines do not change
the behavior of the Package in any way that would cause it to fail
the regression tests for the Package.
8. Software supplied by you and linked with this Package in order
to use subroutines and variables defined by this Package shall not
be considered part of this Package and do not automatically fall
under the copyright of this Package, and the executables produced
by linking your software with this Package may be used and
redistributed without restriction and may be sold commercially.
9. The name of the Copyright Holder may not be used to endorse or
promote products derived from this software without specific prior
written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The OpenLDAP Public License
Version 1.4, 18 January 1999
Copyright 1998-1999, The OpenLDAP Foundation.
All Rights Reserved.
Note:
This license is derived from the "Artistic License" as distributed
with the Perl Programming Language. As significant differences
exist, the complete license should be read.
PREAMBLE
The intent of this document is to state the conditions under which
a Package may be copied, such that the Copyright Holder maintains
some semblance of artistic control over the development of the
package, while giving the users of the package the right to use
and distribute the Package in a more-or-less customary fashion,
plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people
involved, and so on. (You will not be required to justify it
to the Copyright Holder, but only to the computing community
at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item
itself, though there may be fees involved in handling the item.
It also means that recipients of the item may redistribute it
under the same conditions they received it.
1. You may make and give away verbatim copies of the source form
of the Standard Version of this Package without restriction, provided
that you duplicate all of the original copyright notices and
associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain or from the Copyright Holder. A
Package modified in such a way shall still be considered the Standard
Version.
3. You may otherwise modify your copy of this Package in any way,
provided that you insert a prominent notice in each changed file
stating how and when you changed that file, and provided that you
do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise
make them Freely Available, such as by posting said modifications
to Usenet or an equivalent medium, or placing the modifications
on a major archive site such as uunet.uu.net, or by allowing
the Copyright Holder to include your modifications in the
Standard Version of the Package.
b) use the modified Package only within your corporation or
organization.
c) rename any non-standard executables so the names do not
conflict with standard executables, which must also be provided,
and provide a separate manual page for each non-standard
executable that clearly documents how it differs from the
Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
4. You may distribute the programs of this Package in object code
or executable form, provided that you do at least ONE of the
following:
a) distribute a Standard Version of the executables and library
files, together with instructions (in the manual page or
equivalent) on where to get the Standard Version.
b) accompany the distribution with the machine-readable source
of the Package with your modifications.
c) accompany any non-standard executables with their corresponding
Standard Version executables, giving the non-standard executables
non-standard names, and clearly documenting the differences in
manual pages (or equivalent), together with instructions on
where to get the Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
5. You may charge a reasonable copying fee for any distribution of
this Package. You may charge any fee you choose for support of
this Package. You may not charge a fee for this Package itself.
However, you may distribute this Package in aggregate with other
(possibly commercial) programs as part of a larger (possibly
commercial) software distribution provided that you do not advertise
this Package as a product of your own.
6. The scripts and library files supplied as input to or produced
as output from the programs of this Package do not automatically
fall under the copyright of this Package, but belong to whomever
generated them, and may be sold commercially, and may be aggregated
with this Package.
7. C subroutines supplied by you and linked into this Package in
order to emulate subroutines and variables defined by this Package
shall not be considered part of this Package, but are the equivalent
of input as in Paragraph 6, provided these subroutines do not change
the behavior of the Package in any way that would cause it to fail
the regression tests for the Package.
8. Software supplied by you and linked with this Package in order
to use subroutines and variables defined by this Package shall not
be considered part of this Package and do not automatically fall
under the copyright of this Package. Executables produced
by linking your software with this Package may be used and
redistributed without restriction and may be sold commercially
so long as the primary function of your software is different
than the package itself.
9. The name of the Copyright Holder may not be used to endorse or
promote products derived from this software without specific prior
written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End
The OpenLDAP Public License
Version 2.0.1, 21 December 1999
Copyright 1999, The OpenLDAP Foundation, Redwood City, California, USA.
All Rights Reserved.
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a
copy of this document.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written
permission of the OpenLDAP Foundation. For written permission,
please contact foundation@openldap.org.
4. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation. OpenLDAP is a trademark
of the OpenLDAP Foundation.
5. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
The OpenLDAP Public License
Version 2.0, 7 June 1999
Copyright 1999, The OpenLDAP Foundation, Redwood City, California, USA.
All Rights Reserved.
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a
copy of this document.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written
permission of the OpenLDAP Foundation. For written permission,
please contact foundation@openldap.org.
4. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation. OpenLDAP is a registered
trademark of the OpenLDAP Foundation.
5. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
The OpenLDAP Public License
Version 2.1, 29 February 2000
Copyright 1999-2000, The OpenLDAP Foundation, Redwood City, California, USA.
All Rights Reserved.
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a
copy of this document.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written
permission of the OpenLDAP Foundation. For written permission,
please contact foundation@openldap.org.
4. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation. OpenLDAP is a trademark
of the OpenLDAP Foundation.
5. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
6. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent license revision.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
The OpenLDAP Public License
Version 2.2.1, 1 March 2000
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices. Redistributions must also contain a copy of this
document.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written permission
of the OpenLDAP Foundation.
4. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation.
5. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
6. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2000 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.2.2, 28 July 2000
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices.
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Redistributions must contain a verbatim copy of this document.
4. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written permission
of the OpenLDAP Foundation.
5. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation.
6. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
7. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2000 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.2, 1 March 2000
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices. Redistributions must also contain a copy of this
document.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written permission
of the OpenLDAP Foundation.
4. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation.
5. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
6. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2000, The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.3, 28 July 2000
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices.
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Redistributions must contain a verbatim copy of this document.
4. The name "OpenLDAP" must not be used to endorse or promote
products derived from this Software without prior written permission
of the OpenLDAP Foundation.
5. Products derived from this Software may not be called "OpenLDAP"
nor may "OpenLDAP" appear in their names without prior written
permission of the OpenLDAP Foundation.
6. Due credit should be given to the OpenLDAP Project
(http://www.openldap.org/).
7. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2000 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.4, 8 December 2000
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices.
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Redistributions must contain a verbatim copy of this document.
4. The names and trademarks of the authors and copyright holders
must not be used in advertising or otherwise to promote the sale,
use or other dealing in this Software without specific, written
prior permission.
5. Due credit should be given to the OpenLDAP Project.
6. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2000 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.5, 11 May 2001
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices.
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Redistributions must contain a verbatim copy of this document.
4. The names and trademarks of the authors and copyright holders
must not be used in advertising or otherwise to promote the sale,
use or other dealing in this Software without specific, written
prior permission.
5. Due credit should be given to the authors of the Software.
6. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR
OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2001 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.6, 14 June 2001
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices.
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Redistributions must contain a verbatim copy of this document.
4. The names and trademarks of the authors and copyright holders
must not be used in advertising or otherwise to promote the sale,
use or other dealing in this Software without specific, written
prior permission.
5. The OpenLDAP Foundation may revise this license from time to
time. Each revision is distinguished by a version number. You
may use the Software under terms of this license revision or under
the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR
OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2001 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distributed verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.7, 7 September 2001
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright statements
and notices,
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution, and
3. Redistributions must contain a verbatim copy of this document.
The OpenLDAP Foundation may revise this license from time to time.
Each revision is distinguished by a version number. You may use
this Software under terms of this license revision or under the
terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS
CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S)
OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
The names of the authors and copyright holders must not be used in
advertising or otherwise to promote the sale, use or other dealing
in this Software without specific, written prior permission. Title
to copyright in this Software shall at all times remain with
copyright holders.
OpenLDAP is a registered trademark of the OpenLDAP Foundation.
Copyright 1999-2001 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distribute verbatim copies of this document is granted.
The OpenLDAP Public License
Version 2.8, 17 August 2003
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions in source form must retain copyright statements
and notices,
2. Redistributions in binary form must reproduce applicable copyright
statements and notices, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution, and
3. Redistributions must contain a verbatim copy of this document.
The OpenLDAP Foundation may revise this license from time to time.
Each revision is distinguished by a version number. You may use
this Software under terms of this license revision or under the
terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS
CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S)
OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
The names of the authors and copyright holders must not be used in
advertising or otherwise to promote the sale, use or other dealing
in this Software without specific, written prior permission. Title
to copyright in this Software shall at all times remain with copyright
holders.
OpenLDAP is a registered trademark of the OpenLDAP Foundation.
Copyright 1999-2003 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distribute verbatim copies of this document is granted.
OpenMap Software License Agreement
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OpenMarket FastCGI
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Open Market permits you to use, copy, modify, distribute, and license this Software and the Documentation solely for the purpose of implementing the FastCGI specification defined by Open Market or derivative specifications publicly endorsed by Open Market and promulgated by an open standards organization and for no other purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions.
No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this Software and Documentation may be copyrighted by their authors and need not follow the licensing terms described here, but the modified Software and Documentation must be used for the sole purpose of implementing the FastCGI specification defined by Open Market or derivative specifications publicly endorsed by Open Market and promulgated by an open standards organization and for no other purpose. If modifications to this Software and Documentation have new licensing terms, the new terms must protect Open Market's proprietary rights in the Software and Documentation to the same extent as these licensing terms and must be clearly indicated on the first page of each file where they apply.
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OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS". OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.
OpenMDW License Agreement, version 1.0 (OpenMDW-1.0)
By exercising rights granted to you under this agreement, you accept and agree
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As used in this agreement, "Model Materials" means the materials provided to
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Subject to your compliance with this agreement, permission is hereby granted,
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If you file, maintain, or voluntarily participate in a lawsuit against any
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This agreement does not impose any restrictions or obligations with respect to
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ABSENCE OF LATENT OR OTHER DEFECTS OR ERRORS, WHETHER OR NOT DISCOVERABLE, ALL
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
YOU ARE SOLELY RESPONSIBLE FOR (1) CLEARING RIGHTS OF OTHER PERSONS THAT MAY
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In addition, as a special exception to the GNU GPL, the copyright holders
give permission to link the code of this program with the Motif and Open
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Healthcare Disclaimer
OpenMRS is also distributed under the terms of the following Healthcare Disclaimer:
In the United States, or any other jurisdictions where they may apply, the following additional disclaimer of warranty and limitation of liability are hereby incorporated into the terms and conditions of MPL 2.0:
1. No warranties of any kind whatsoever are made as to the results that You will obtain from relying upon the covered code (or any information or content obtained by way of the covered code), including but not limited to compliance with privacy laws or regulations or clinical care industry standards and protocols. Use of the covered code is not a substitute for a health care provider’s standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the validity or reliability of information or content made available by the covered code, is the sole responsibility of the health care provider. Consequently, it is incumbent upon each health care provider to verify all medical history and treatment plans with each patient.
2. Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted by the license, be liable to You for any indirect, special, incidental, consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, of any nature whatsoever (direct or otherwise) on account of or associated with the use or inability to use the covered content (including, without limitation, the use of information or content made available by the covered code, all documentation associated therewith, and the failure of the covered code to comply with privacy laws and regulations or clinical care industry standards and protocols), even if such party shall have been informed of the possibility of such damages.
NOTICE
This license governs use of the accompanying software ("Software"), and your use of the Software constitutes acceptance of this license.
Subject to the restrictions below, you may use the Software for any commercial or noncommercial purpose, including distributing derivative works.
SECTION 1: DEFINITIONS
A. "OpenNETCF" refers to OpenNETCF Consulting, LLC, a limited liability corporation organized and operating under the laws of the state of Maryland.
B. "SDF" refers to the OpenNETCF Smart Device Framework, which is an OpenNETCF software product
C. "SOFTWARE" refers to the source code, compiled binaries, installation files documentation and any other materials provided by OpenNETCF.
SECTION 2: LICENSE
You agree that:
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D. You will (a) NOT use OpenNETCF's name, logo, or trademarks in association with distribution of the SOFTWARE or derivative works unless otherwise permitted in writing; and (b) you WILL indemnify, hold harmless, and defend OpenNETCF from and against any claims or lawsuits, including attorneys fees, that arise or result from the use or distribution of your modifications to the SOFTWARE and any additional software you distribute along with the SOFTWARE.
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H. The patent rights, if any, granted in this license only apply to the SOFTWARE, not to any derivative works you make.
I. The SOFTWARE is subject to U.S. export jurisdiction at the time it is licensed to you, and it may be subject to additional export or import laws in other places. You agree to comply with all such laws and regulations that may apply to the SOFTWARE after delivery of the SOFTWARE to you.
J. If you are an agency of the U.S. Government, (i) the SOFTWARE is provided pursuant to a solicitation issued on or after December 1, 1995, is provided with the commercial license rights set forth in this license, and (ii) the SOFTWARE is provided pursuant to a solicitation issued prior to December 1, 1995, is provided with Restricted Rights as set forth in FAR, 48 C.F.R. 52.227-14 (June 1987) or DFAR, 48 C.F.R. 252.227-7013 (Oct 1988), as applicable.
K. Your rights under this license end automatically if you breach it in any way.
L. This license contains the only rights associated with the SOFTWARE and OpenNETCF reserves all rights not expressly granted to you in this license.
© 2006-2012 OpenNETCF Consulting, LLC. All rights reserved.
================================================================================
The OpenORB Community Software License, Version 1.0
================================================================================
Copyright (C) 2002 The OpenORB Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modifica-
tion, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment: "This product includes software
developed by the OpenORB Community Project
(http://sourceforge.net/projects/openorb/)." together with the due credit
statements listed below.
Alternately, this acknowledgment and due credits may appear in the soft-
ware itself, if and wherever such third-party acknowledgments normally
appear.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
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FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
MEMBERS OF THE OPENORB COMMUNITY PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
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SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals to
the OpenORB Community Project. For more information on the OpenORB Community
Project, please refer to <http://sourceforge.net/projects/openorb/>.
OpenPBS (Portable Batch System) v2.3 Software License
Copyright (c) 1999-2000 Veridian Information Solutions, Inc.
All rights reserved.
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This license will be governed by the laws of the Commonwealth of Virginia,
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Open Publication License
v1.0, 8 June 1999
I. REQUIREMENTS ON BOTH UNMODIFIED AND MODIFIED VERSIONS
The Open Publication works may be reproduced and distributed in whole or in part, in any medium physical or electronic, provided that the terms of this license are adhered to, and that this license or an incorporation of it by reference (with any options elected by the author(s) and/or publisher) is displayed in the reproduction.
Proper form for an incorporation by reference is as follows:
Copyright (c) <year> by <author's name or designee>. This material may be distributed only subject to the terms and conditions set forth in the Open Publication License, vX.Y or later (the latest version is presently available at http://www.opencontent.org/openpub/).
The reference must be immediately followed with any options elected by the author(s) and/or publisher of the document (see section VI).
Commercial redistribution of Open Publication-licensed material is permitted.
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II. COPYRIGHT
The copyright to each Open Publication is owned by its author(s) or designee.
III. SCOPE OF LICENSE
The following license terms apply to all Open Publication works, unless otherwise explicitly stated in the document.
Mere aggregation of Open Publication works or a portion of an Open Publication work with other works or programs on the same media shall not cause this license to apply to those other works. The aggregate work shall contain a notice specifying the inclusion of the Open Publication material and appropriate copyright notice.
SEVERABILITY. If any part of this license is found to be unenforceable in any jurisdiction, the remaining portions of the license remain in force.
NO WARRANTY. Open Publication works are licensed and provided "as is" without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or a warranty of non-infringement.
IV. REQUIREMENTS ON MODIFIED WORKS
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1. The modified version must be labeled as such.
2. The person making the modifications must be identified and the modifications dated.
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4. The location of the original unmodified document must be identified.
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2. All substantive modifications (including deletions) be either clearly marked up in the document or else described in an attachment to the document.
3. Finally, while it is not mandatory under this license, it is considered good form to offer a free copy of any hardcopy and CD-ROM expression of an Open Publication-licensed work to its author(s).
VI. LICENSE OPTIONS
The author(s) and/or publisher of an Open Publication-licensed document may elect certain options by appending language to the reference to or copy of the license. These options are considered part of the license instance and must be included with the license (or its incorporation by reference) in derived works.
A. To prohibit distribution of substantively modified versions without the explicit permission of the author(s). "Substantive modification" is defined as a change to the semantic content of the document, and excludes mere changes in format or typographical corrections.
To accomplish this, add the phrase `Distribution of substantively modified versions of this document is prohibited without the explicit permission of the copyright holder.' to the license reference or copy.
B. To prohibit any publication of this work or derivative works in whole or in part in standard (paper) book form for commercial purposes unless prior permission is obtained from the copyright holder.
To accomplish this, add the phrase 'Distribution of the work or derivative of the work in any standard (paper) book form is prohibited unless prior permission is obtained from the copyright holder.' to the license reference or copy.
The OpenSAML License, Version 1.
Copyright (c) 2002
University Corporation for Advanced Internet Development, Inc.
All rights reserved
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution, if any, must include
the following acknowledgment: "This product includes software developed by
the University Corporation for Advanced Internet Development
<http://www.ucaid.edu>Internet2 Project. Alternately, this acknowledegement
may appear in the software itself, if and wherever such third-party
acknowledgments normally appear.
Neither the name of OpenSAML nor the names of its contributors, nor
Internet2, nor the University Corporation for Advanced Internet Development,
Inc., nor UCAID may be used to endorse or promote products derived from this
software without specific prior written permission. For written permission,
please contact opensaml@opensaml.org
Products derived from this software may not be called OpenSAML, Internet2,
UCAID, or the University Corporation for Advanced Internet Development, nor
may OpenSAML appear in their name, without prior written permission of the
University Corporation for Advanced Internet Development.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND WITH ALL FAULTS. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED AND THE ENTIRE RISK
OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH LICENSEE.
IN NO EVENT SHALL THE COPYRIGHT OWNER, CONTRIBUTORS OR THE UNIVERSITY
CORPORATION FOR ADVANCED INTERNET DEVELOPMENT, INC. BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or combining it
with OpenSSL (or a modified version of that library), containing
parts covered by the terms of OpenSSL's license, the licensors of
this Program grant you additional permission to convey the resulting work.
Corresponding Source for a non-source form of such a combination shall include
the source code for the parts of OpenSSL used as well as that of the
covered work.
If you modify this Program, or any covered work, by linking or combining it
with OpenSC (or a modified version of that library), containing
parts covered by the terms of OpenSC's license, the licensors of
this Program grant you additional permission to convey the resulting work.
Corresponding Source for a non-source form of such a combination shall include
the source code for the parts of OpenSC used as well as that of the
covered work.
This file is part of the OpenSSH software.
The licences which components of this software fall under are as
follows. First, we will summarize and say that all components
are under a BSD licence, or a licence more free than that.
OpenSSH contains no GPL code.
1)
* Copyright (c) 1995 Tatu Ylonen <ylo@cs.hut.fi>, Espoo, Finland
* All rights reserved
*
* As far as I am concerned, the code I have written for this software
* can be used freely for any purpose. Any derived versions of this
* software must be clearly marked as such, and if the derived work is
* incompatible with the protocol description in the RFC file, it must be
* called by a name other than "ssh" or "Secure Shell".
[Tatu continues]
* However, I am not implying to give any licenses to any patents or
* copyrights held by third parties, and the software includes parts that
* are not under my direct control. As far as I know, all included
* source code is used in accordance with the relevant license agreements
* and can be used freely for any purpose (the GNU license being the most
* restrictive); see below for details.
[However, none of that term is relevant at this point in time. All of
these restrictively licenced software components which he talks about
have been removed from OpenSSH, i.e.,
- RSA is no longer included, found in the OpenSSL library
- IDEA is no longer included, its use is deprecated
- DES is now external, in the OpenSSL library
- GMP is no longer used, and instead we call BN code from OpenSSL
- Zlib is now external, in a library
- The make-ssh-known-hosts script is no longer included
- TSS has been removed
- MD5 is now external, in the OpenSSL library
- RC4 support has been replaced with ARC4 support from OpenSSL
- Blowfish is now external, in the OpenSSL library
[The licence continues]
Note that any information and cryptographic algorithms used in this
software are publicly available on the Internet and at any major
bookstore, scientific library, and patent office worldwide. More
information can be found e.g. at "http://www.cs.hut.fi/crypto".
The legal status of this program is some combination of all these
permissions and restrictions. Use only at your own responsibility.
You will be responsible for any legal consequences yourself; I am not
making any claims whether possessing or using this is legal or not in
your country, and I am not taking any responsibility on your behalf.
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
2)
The 32-bit CRC compensation attack detector in deattack.c was
contributed by CORE SDI S.A. under a BSD-style license.
* Cryptographic attack detector for ssh - source code
*
* Copyright (c) 1998 CORE SDI S.A., Buenos Aires, Argentina.
*
* All rights reserved. Redistribution and use in source and binary
* forms, with or without modification, are permitted provided that
* this copyright notice is retained.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED
* WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL CORE SDI S.A. BE
* LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
* CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR MISUSE OF THIS
* SOFTWARE.
*
* Ariel Futoransky <futo@core-sdi.com>
* <http://www.core-sdi.com>
3)
ssh-keyscan was contributed by David Mazieres under a BSD-style
license.
* Copyright 1995, 1996 by David Mazieres <dm@lcs.mit.edu>.
*
* Modification and redistribution in source and binary forms is
* permitted provided that due credit is given to the author and the
* OpenBSD project by leaving this copyright notice intact.
4)
The Rijndael implementation by Vincent Rijmen, Antoon Bosselaers
and Paulo Barreto is in the public domain and distributed
with the following license:
* @version 3.0 (December 2000)
*
* Optimised ANSI C code for the Rijndael cipher (now AES)
*
* @author Vincent Rijmen <vincent.rijmen@esat.kuleuven.ac.be>
* @author Antoon Bosselaers <antoon.bosselaers@esat.kuleuven.ac.be>
* @author Paulo Barreto <paulo.barreto@terra.com.br>
*
* This code is hereby placed in the public domain.
*
* THIS SOFTWARE IS PROVIDED BY THE AUTHORS ''AS IS'' AND ANY EXPRESS
* OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
* WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE
* LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
* CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
* SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
* BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
* WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
* OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
* EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5)
One component of the ssh source code is under a 3-clause BSD license,
held by the University of California, since we pulled these parts from
original Berkeley code.
* Copyright (c) 1983, 1990, 1992, 1993, 1995
* The Regents of the University of California. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. Neither the name of the University nor the names of its contributors
* may be used to endorse or promote products derived from this software
* without specific prior written permission.
*
* THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
6)
Remaining components of the software are provided under a standard
2-term BSD licence with the following names as copyright holders:
Markus Friedl
Theo de Raadt
Niels Provos
Dug Song
Aaron Campbell
Damien Miller
Kevin Steves
Daniel Kouril
Wesley Griffin
Per Allansson
Nils Nordman
Simon Wilkinson
Portable OpenSSH additionally includes code from the following copyright
holders, also under the 2-term BSD license:
Ben Lindstrom
Tim Rice
Andre Lucas
Chris Adams
Corinna Vinschen
Cray Inc.
Denis Parker
Gert Doering
Jakob Schlyter
Jason Downs
Juha Yrjˆl‰
Michael Stone
Networks Associates Technology, Inc.
Solar Designer
Todd C. Miller
Wayne Schroeder
William Jones
Darren Tucker
Sun Microsystems
The SCO Group
Daniel Walsh
Red Hat, Inc
Simon Vallet / Genoscope
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
*
* THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
* IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
* IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
* INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
* DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
* THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
* THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8) Portable OpenSSH contains the following additional licenses:
a) md5crypt.c, md5crypt.h
* "THE BEER-WARE LICENSE" (Revision 42):
* <phk@login.dknet.dk> wrote this file. As long as you retain this
* notice you can do whatever you want with this stuff. If we meet
* some day, and you think this stuff is worth it, you can buy me a
* beer in return. Poul-Henning Kamp
b) snprintf replacement
* Copyright Patrick Powell 1995
* This code is based on code written by Patrick Powell
* (papowell@astart.com) It may be used for any purpose as long as this
* notice remains intact on all source code distributions
c) Compatibility code (openbsd-compat)
Apart from the previously mentioned licenses, various pieces of code
in the openbsd-compat/ subdirectory are licensed as follows:
Some code is licensed under a 3-term BSD license, to the following
copyright holders:
Todd C. Miller
Theo de Raadt
Damien Miller
Eric P. Allman
The Regents of the University of California
Constantin S. Svintsoff
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* 3. Neither the name of the University nor the names of its contributors
* may be used to endorse or promote products derived from this software
* without specific prior written permission.
*
* THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
* ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
Some code is licensed under an ISC-style license, to the following
copyright holders:
Internet Software Consortium.
Todd C. Miller
Reyk Floeter
Chad Mynhier
* Permission to use, copy, modify, and distribute this software for any
* purpose with or without fee is hereby granted, provided that the above
* copyright notice and this permission notice appear in all copies.
*
* THE SOFTWARE IS PROVIDED "AS IS" AND TODD C. MILLER DISCLAIMS ALL
* WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL TODD C. MILLER BE LIABLE
* FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
* WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
* OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
* CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Some code is licensed under a MIT-style license to the following
copyright holders:
Free Software Foundation, Inc.
* Permission is hereby granted, free of charge, to any person obtaining a *
* copy of this software and associated documentation files (the *
* "Software"), to deal in the Software without restriction, including *
* without limitation the rights to use, copy, modify, merge, publish, *
* distribute, distribute with modifications, sublicense, and/or sell *
* copies of the Software, and to permit persons to whom the Software is *
* furnished to do so, subject to the following conditions: *
* *
* The above copyright notice and this permission notice shall be included *
* in all copies or substantial portions of the Software. *
* *
* THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS *
* OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF *
* MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. *
* IN NO EVENT SHALL THE ABOVE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, *
* DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR *
* OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR *
* THE USE OR OTHER DEALINGS IN THE SOFTWARE. *
* *
* Except as contained in this notice, the name(s) of the above copyright *
* holders shall not be used in advertising or otherwise to promote the *
* sale, use or other dealings in this Software without prior written *
* authorization. *
****************************************************************************/
------
$OpenBSD: LICENCE,v 1.19 2004/08/30 09:18:08 markus Exp $
* In addition, as a special exception, the copyright holders give
* permission to link the code of portions of this program with the
* OpenSSL library under certain conditions as described in each
* individual source file, and distribute linked combinations
* including the two.
*
* You must obey the GNU Affero General Public License in all respects
* for all of the code used other than OpenSSL.
In addition, as a special exception, the copyright holders give
permission to link the code of portions of this program with the
OpenSSL library under certain conditions as described in each
individual source file, and distribute linked combinations
including the two.
You must obey the GNU Affero General Public License V3 or later in all respects
for all of the code used other than OpenSSL or the components mentioned
above. If you modify file(s) with this exception, you may extend this
exception to your version of the file(s), but you are not obligated to
do so. If you do not wish to do so, delete this exception statement from your
version. If you delete this exception statement from all source files in the
program, then also delete it here.
As a special exception, the copyright holders give permission to link the
code of portions of this program with the OpenSSL library under certain
conditions as described in each individual source file and distribute
linked combinations including the program with the OpenSSL library. You
must comply with the GNU Affero General Public License in all respects for
all of the code used other than as permitted herein. If you modify file(s)
with this exception, you may extend this exception to your version of the
file(s), but you are not obligated to do so. If you do not wish to do so,
delete this exception statement from your version. If you delete this
exception statement from all source files in the program, then also delete
it in the license file.
As a special exception to the GNU General Public License terms,
permission is hereby granted to link the code of this program, with or
without modification, with any version of the OpenSSL library and/or any
version of unRAR, and to distribute such linked combinations. You must
obey the GNU GPL in all respects for all of the code used other than
OpenSSL and unRAR. If you modify this program, you may extend this
exception to your version of the program, but you are not obligated to
do so. (In other words, you may release your derived work under pure
GNU GPL version 2 or later as published by the FSF.)
The OpenSSL Exception:
In addition, as a special exception, the copyright holders give
permission to link the code of portions of this program with the
OpenSSL library under certain conditions as described in each
individual source file, and distribute linked combinations
including the two.
You must obey the GNU General Public License in all respects
for all of the code used other than OpenSSL. If you modify
file(s) with this exception, you may extend this exception to your
version of the file(s), but you are not obligated to do so. If you
do not wish to do so, delete this exception statement from your
version. If you delete this exception statement from all source
files in the program, then also delete it here.
In addition, as a special exception, the copyright holders give permission to
link the code of portions of this program with the OpenSSL library under certain
conditions as described in each individual source file, and distribute linked
combinations including the two.
You must obey the GNU General Public License in all respects for all of the code
used other than OpenSSL. If you modify file(s) with this exception, you may
extend this exception to your version of the file(s), but you are not obligated
to do so. If you do not wish to do so, delete this exception statement from
your version. If you delete this exception statement from all source files in
the program, then also delete it here.
LICENSE EXCEPTION FOR OPENSSL
In addition, as a special exception, the copyright holders give
permission to link the code of portions of this program with the
OpenSSL library, and distribute linked combinations
including the two.
You must obey the GNU Library General Public License in all respects
for all of the code used other than OpenSSL. If you modify
file(s) with this exception, you may extend this exception to your
version of the file(s), but you are not obligated to do so. If you
do not wish to do so, delete this exception statement from your
version. If you delete this exception statement from all source
files in the program, then also delete it here.
In addition, as a special exception, the copyright holders give permission to
link this program with the OpenSSL library (or with modified versions of OpenSSL
that use the same license as OpenSSL), and distribute linked combinations
including the two.
You must obey the GNU Lesser General Public License in all respects for all of
the code used other than OpenSSL. If you modify file(s) with this exception,
you may extend this exception to your version of the file(s), but you are not
obligated to do so. If you do not wish to do so, delete this exception statement
from your version. If you delete this exception statement from all source files
in the program, then also delete it here.
In addition, as a special exception, the copyright holders give
permission to link the code of portions of this program with the
OpenSSL library under certain conditions as described in each
individual source file, and distribute linked combinations including
the two. You must obey the GNU Lesser General Public License in all
respects for all of the code used other than OpenSSL. If you modify
file(s) with this exception, you may extend this exception to your
version of the file(s), but you are not obligated to do so. If you do
not wish to do so, delete this exception statement from your version.
If you delete this exception statement from all source files in the
program, then also delete it here.
As a special exception, the copyright holders give permission to link the
code of portions of this program with the OpenSSL library under certain
conditions as described in each individual source file and distribute
linked combinations including the program with the OpenSSL library. You
must comply with the Server Side Public License in all respects for
all of the code used other than as permitted herein. If you modify file(s)
with this exception, you may extend this exception to your version of the
file(s), but you are not obligated to do so. If you do not wish to do so,
delete this exception statement from your version. If you delete this
exception statement from all source files in the program, then also delete
it in the license file.
The portions of the attached software ("Contribution") is developed by
Nokia Corporation and is licensed pursuant to the OpenSSL open source
license.
The Contribution, originally written by Mika Kousa and Pasi Eronen of
Nokia Corporation, consists of the "PSK" (Pre-Shared Key) ciphersuites
support (see RFC 4279) to OpenSSL.
No patent licenses or other rights except those expressly stated in
the OpenSSL open source license shall be deemed granted or received
expressly, by implication, estoppel, or otherwise.
No assurances are provided by Nokia that the Contribution does not
infringe the patent or other intellectual property rights of any third
party or that the license provides you with all the necessary rights
to make use of the Contribution.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN
ADDITION TO THE DISCLAIMERS INCLUDED IN THE LICENSE, NOKIA
SPECIFICALLY DISCLAIMS ANY LIABILITY FOR CLAIMS BROUGHT BY YOU OR ANY
OTHER ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR
OTHERWISE.
LICENSE ISSUES
==============
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.
OpenSSL License
---------------
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
endorse or promote products derived from this software without
prior written permission. For written permission, please contact
openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL"
nor may "OpenSSL" appear in their names without prior written
permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young
(eay@cryptsoft.com). This product includes software written by Tim
Hudson (tjh@cryptsoft.com).
Original SSLeay License
-----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.
This package is an SSL implementation written
by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions
apply to all code found in this distribution, be it the RC4, RSA,
lhash, DES, etc., code; not just the SSL code. The SSL documentation
included with this distribution is covered by the same copyright terms
except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in
the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution
as the author of the parts of the library used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library
being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from
the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The licence and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution licence
[including the GNU Public Licence.]
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit. (http://www.OpenSSL.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
endorse or promote products derived from this software without
prior written permission. For written permission, please contact
licensing@OpenSSL.org.
5. Products derived from this software may not be called "OpenSSL"
nor may "OpenSSL" appear in their names without prior written
permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit (http://www.OpenSSL.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
WARNING: Retrieving the OpenVision Kerberos Administration system
source code, as described below, indicates your acceptance of the
following terms. If you do not agree to the following terms, do
not retrieve the OpenVision Kerberos administration system.
You may freely use and distribute the Source Code and Object Code
compiled from it, with or without modification, but this Source
Code is provided to you "AS IS" EXCLUSIVE OF ANY WARRANTY,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER
EXPRESS OR IMPLIED. IN NO EVENT WILL OPENVISION HAVE ANY LIABILITY
FOR ANY LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF THE SOURCE
CODE, OR THE FAILURE OF THE SOURCE CODE TO PERFORM, OR FOR ANY
OTHER REASON.
OpenVision retains all copyrights in the donated Source Code.
OpenVision also retains copyright to derivative works of the Source
Code, whether created by OpenVision or by a third party. The
OpenVision copyright notice must be preserved if derivative works
are made based on the donated Source Code.
OpenVision Technologies, Inc. has donated this Kerberos
Administration system to MIT for inclusion in the standard Kerberos
5 distribution. This donation underscores our commitment to
continuing Kerberos technology development and our gratitude for
the valuable work which has been performed by MIT and the Kerberos
community.
OpenVPN Access Server End User License Agreement (OpenVPN-AS EULA)
1. Copyright Notice: OpenVPN Access Server License;
Copyright (c) 2009-2013 OpenVPN Technologies, Inc. All rights reserved.
"OpenVPN" is a trademark of OpenVPN Technologies, Inc.
2. Redistribution of OpenVPN Access Server binary forms and related documents,
are permitted provided that redistributions of OpenVPN Access Server binary
forms and related documents reproduce the above copyright notice as well as a
complete copy of this EULA.
3. You agree not to reverse engineer, decompile, disassemble, modify, translate,
make any attempt to discover the source code of this software, or create
derivative works from this software.
4. The OpenVPN Access Server is bundled with other open source software
components, some of which fall under different licenses. By using OpenVPN or any
of the bundled components, you agree to be bound by the conditions of the
license for each respective component. For more information, you can find our
complete EULA (End-User License Agreement) on our website (http://openvpn.net),
and a copy of the EULA is also distributed with the Access Server in the file
/usr/local/openvpn_as/license.txt.
5. This software is provided "as is" and any expressed or implied warranties,
including, but not limited to, the implied warranties of merchantability and
fitness for a particular purpose are disclaimed. In no event shall OpenVPN
Technologies, Inc. be liable for any direct, indirect, incidental, special,
exemplary, or consequential damages (including, but not limited to, procurement
of substitute goods or services; loss of use, data, or profits; or business
interruption) however caused and on any theory of liability, whether in
contract, strict liability, or tort (including negligence or otherwise) arising
in any way out of the use of this software, even if advised of the possibility
of such damage.
6. OpenVPN Technologies, Inc. is the sole distributor of OpenVPN Access Server
licenses. This agreement and licenses granted by it may not be assigned,
sublicensed, or otherwise transferred by licensee without prior written consent
of OpenVPN Technologies Inc. Any licenses violating this provision will be
subject to revocation and deactivation, and will not be eligible for refunds.
7. A purchased license entitles you to use this software for the duration of
time denoted on your license key on any one (1) particular device, up to the
concurrent user limit specified by your license. Multiple license keys may be
activated to achieve a desired concurrency limit on this given device. Unless
otherwise prearranged with OpenVPN Technologies, Inc., concurrency counts on
license keys are not to be divided for use amongst multiple devices. Upon
activation of the first purchased license key in this software, you agree to
forego any free licenses or keys that were given to you for demonstration
purposes, and as such, the free licenses will not appear after the activation of
a purchased key. You are responsible for the timely activation of these licenses
on your desired server of choice. Refunds on purchased license keys are only
possible within 30 days of purchase of license key, and then only if the license
key has not already been activated on a system. To request a refund, contact us
through our support ticket system using the account you have used to purchase
the license key. Exceptions to this policy may be given for machines under
failover mode, and when the feature is used as directed in the OpenVPN Access
Server user manual. In these circumstances, a user is granted one (1) license
key (per original license key) for use solely on failover purposes free of
charge. Other failover and/or load balancing use cases will not be eligible for
this exception, and a separate license key would have to be acquired to satisfy
the licensing requirements. To request a license exception, please file a
support ticket in the OpenVPN Access Server ticketing system. A staff member
will be responsible for determining exception eligibility, and we reserve the
right to decline any requests not meeting our eligibility criteria, or requests
which we believe may be fraudulent in nature.
8. Activating a license key ties it to the specific hardware/software
combination that it was activated on, and activated license keys are
nontransferable. Substantial software and/or hardware changes may invalidate an
activated license. In case of substantial software and/or hardware changes,
caused by for example, but not limited to failure and subsequent repair or
alterations of (virtualized) hardware/software, our software product will
automatically attempt to contact our online licensing systems to renegotiate the
licensing state. On any given license key, you are limited to three (3)
automatic renegotiations within the license key lifetime. After these
renegotiations are exhausted, the license key is considered invalid, and the
activation state will be locked to the last valid system configuration it was
activated on. OpenVPN Technologies, Inc. reserves the right to grant exceptions
to this policy for license holders under extenuating circumstances, and such
exceptions can be requested through a ticket via the OpenVPN Access Server
ticketing system.
9. Once an activated license key expires or becomes invalid, the concurrency
limit on our software product will decrease by the amount of concurrent
connections previously granted by the license key. If all of your purchased
license key(s) have expired, the product will revert to demonstration mode,
which allows a maximum of two (2) concurrent users to be connected to your
server. Prior to your license expiration date(s), OpenVPN Technologies, Inc.
will attempt to remind you to renew your license(s) by sending periodic email
messages to the licensee email address on record. You are solely responsible for
the timely renewal of your license key(s) prior to their expiration if continued
operation is expected after the license expiration date(s). OpenVPN
Technologies, Inc. will not be responsible for any misdirected and/or
undeliverable email messages, nor does it have an obligation to contact you
regarding your expiring license keys.
10. Any valid license key holder is entitled to use our ticketing system for
support questions or issues specifically related to the OpenVPN Access Server
product. To file a ticket, go to our website at http://openvpn.net/ and sign in
using the account that was registered and used to purchase the license key(s).
You can then access the support ticket system through our website and submit a
support ticket. Tickets filed in the ticketing system are answered on a best-
effort basis. OpenVPN Technologies, Inc. staff reserve the right to limit
responses to users of our demo / expired licenses, as well as requests that
substantively deviate from the OpenVPN Access Server product line. Tickets
related to the open source version of OpenVPN will not be handled here.
11. Purchasing a license key does not entitle you to any special rights or
privileges, except the ones explicitly outlined in this user agreement. Unless
otherwise arranged prior to your purchase with OpenVPN Technologies, Inc.,
software maintenance costs and terms are subject to change after your initial
purchase without notice. In case of price decreases or special promotions,
OpenVPN Technologies, Inc. will not retrospectively apply credits or price
adjustments toward any licenses that have already been issued. Furthermore, no
discounts will be given for license maintenance renewals unless this is
specified in your contract with OpenVPN Technologies, Inc.
Special exception for linking OpenVPN with OpenSSL:
In addition, as a special exception, OpenVPN Technologies, Inc. gives permission
to link the code of this program with the OpenSSL Library (or with modified
versions of OpenSSL that use the same license as OpenSSL), and distribute linked
combinations including the two. You must obey the GNU General Public License in
all respects for all of the code used other than OpenSSL. If you modify this
file, you may extend this exception to your version of the file, but you are not
obligated to do so. If you do not wish to do so, delete this exception statement
from your version.
Redistribution and use in source and binary forms, with or without
modification, are permitted.
There's ABSOLUTELY NO WARRANTY, express or implied.
End User License Agreement
Opera for Computers
Last updated: December 14, 2018
This end user license agreement (“EULA”) governs your download and/or use of the executable code for the Opera for Computers desktop software application, including any update or upgrade thereto (“Software”). This EULA forms a binding contract between you and Opera Unite Pte. Ltd., a Singapore company with a registered address at 8 Burn Road #07-07 Trivex, Singapore 369977 (“Opera”).
Terms & Conditions
1. This is a contract. This EULA constitutes a contract between you and Opera. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.
2. You are only granted a limited license to use the Software. Subject to the terms and conditions of this EULA, Opera hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:
(A) use the executable code version of the Software solely as installed on your personal computer; and
(B) reproduce and distribute the Software solely as included in an application repository for a desktop open source operating system distribution PROVIDED THAT in all cases the Software is distributed: (i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA. Distribution for embedded open source operating systems is not permitted. For the avoidance of doubt, the Software must be distributed without modification (including as to the default search engine(s) in the Software settings), both at the time of distribution as well as after the Software is installed.
You may only use the Software as expressly authorized in this Section 2.
3. You must respect our rights in the Software. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
4. The Software contains our valuable intellectual property. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Opera and its suppliers. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of Opera and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
5. Components from third parties may be delivered along with the Software. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Opera shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form. Source code for any open source Third-Party Software delivered along with the Software can be obtained at http://sourcecode.opera.com or by sending an email message to opensource@opera.com.
6. The Software may provide for access to additional services. Various services may be offered where available via or as integrated into the Software (“Services”). By using any such Services, you agreed to the terms of service at https://www.opera.com/terms (“Terms of Service”). The Terms of Service are incorporated into this EULA by this reference. As is more fully explained in the Terms of Service, some Services are offered by Opera, others by third parties (which may be subject to separate terms – please refer to the Terms of Service for more information). Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
7. Our Software and Services are ad-supported. The Software is free to download and our Services are generally provided free of charge. Opera incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the Software and Services for free, we will display the advertisements of select partners to you. By using our Software and Services, you consent to the placement of such advertisements within the Software and Services.
8. Your privacy is important to us. Opera takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://www.opera.com/privacy (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Opera’s Privacy Statement.
9. Your license to use the Software terminates if you breach this EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 14 of this EULA shall survive termination.
10. The Software is provided without any warranties or guarantees. THE SOFTWARE IS PROVIDED “AS IS”, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.
11. Opera is not liable for any damages you may incur. IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.
12. This contract is based on English law. This EULA will be governed by the laws of England and Wales, without giving effect to any conflicts of law principles that may require the application of the laws of a different country. Any and all disputes arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in English in accordance with the UNCITRAL Arbitration Rules for the time being in force at the commencement of the arbitration. The place of arbitration shall be Singapore before a tribunal of three arbitrators, one to be appointed by each of the parties and the third by the two so chosen, unless the parties have agreed to the appointment of a sole arbitrator. The parties agree that the seat of the arbitration shall remain in London. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby
13. Opera may modify these terms. Opera may update the terms of this EULA, the Privacy Statement or the Terms of Service. The current version of this EULA is posted at https://www.opera.com/eula/computers, the latest version of the Privacy Statement is posted at https://www.opera.com/privacy, and the Terms of Service are posted at https://www.opera.com/terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Statement and Terms of Service.
14. General. You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.
End User License Agreement
Opera for Computers
Last updated: December 14, 2018
This end user license agreement (“EULA”) governs your download and/or use of the executable code for the Opera for Computers desktop software application, including any update or upgrade thereto (“Software”). This EULA forms a binding contract between you and Opera Software AS, a Norwegian company with an address at P.O. Box 4214 Nydalen, NO-0401 Oslo, Norway (“Opera”).
Terms & Conditions
1. This is a contract. This EULA constitutes a contract between you and Opera. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.
2. You are only granted a limited license to use the Software. Subject to the terms and conditions of this EULA, Opera hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:
(A) use the executable code version of the Software solely as installed on your personal computer; and
(B) reproduce and distribute the Software solely as included in an application repository for a desktop open source operating system distribution PROVIDED THAT in all cases the Software is distributed: (i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA. Distribution for embedded open source operating systems is not permitted. For the avoidance of doubt, the Software must be distributed without modification (including as to the default search engine(s) in the Software settings), both at the time of distribution as well as after the Software is installed.
You may only use the Software as expressly authorized in this Section 2.
3. You must respect our rights in the Software. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
4. The Software contains our valuable intellectual property. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Opera and its suppliers. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of Opera and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
5. Components from third parties may be delivered along with the Software. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Opera shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form. Source code for any open source Third-Party Software delivered along with the Software can be obtained at http://sourcecode.opera.com or by sending an email message to opensource@opera.com.
6. The Software may provide for access to additional services. Various services may be offered where available via or as integrated into the Software (“Services”). By using any such Services, you agreed to the terms of service at https://www.opera.com/terms (“Terms of Service”). The Terms of Service are incorporated into this EULA by this reference. As is more fully explained in the Terms of Service, some Services are offered by Opera, others by third parties (which may be subject to separate terms – please refer to the Terms of Service for more information). Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
7. Our Software and Services are ad-supported. The Software is free to download and our Services are generally provided free of charge. Opera incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the Software and Services for free, we will display the advertisements of select partners to you. By using our Software and Services, you consent to the placement of such advertisements within the Software and Services.
8. Your privacy is important to us. Opera takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://www.opera.com/privacy (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Opera’s Privacy Statement.
9. Your license to use the Software terminates if you breach this EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 14 of this EULA shall survive termination.
10. The Software is provided without any warranties or guarantees. THE SOFTWARE IS PROVIDED “AS IS”, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.
11. Opera is not liable for any damages you may incur. IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.
12. This contract is based on Norwegian law. This EULA will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby.
13. Opera may modify these Terms. Opera may update the terms of this EULA, the Privacy Statement or the Terms of Service. The current version of this EULA is posted at https://www.opera.com/eula/computers, the latest version of the Privacy Statement is posted at https://www.opera.com/privacy, and the Terms of Service are posted at https://www.opera.com/terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Statement and Terms of Service.
14. General. You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.
OPERA Widget License Version 1. 0
© Copyright 2006 Opera Software ASA. All rights reserved.
OPERA SOFTWARE ASA (OPERA) IS WILLING TO PERMIT USE OF THIS SOFTWARE BY
YOU, ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED
IN THIS DOCUMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
CAREFULLY. IF YOU ARE NOT WILLING TO BE BOUND, YOU ARE NOT ALLOWED TO
ACCESS THE CONTENTS OF, STUDY OR MAKE USE OF THE SOFTWARE IN ANY WAY.
Terms of Agreement
1. Definitions
a) "Original Code" means:
The original version of the program accompanying this Agreement as
released by Opera Software ASA ("OPERA") , including source code, object
code and documentation, if any.
b) "Covered Code" means:
The Original Source Code, Contributions, the combination of the Original
Code and Contributions, and/or any respective portions thereof.
c) "Contribution" means:
in the case of OPERA, the Original Code, and
in the case of each Contributor, changes to the Original code, and
additions to the Original Code; where such changes and/or additions to
the Original Code originate from and are distributed by that particular
Contributor. A Contribution 'originates' from a Contributor if it was
added to the Original Code by such Contributor itself or anyone acting
on such Contributor's behalf.
Contributions do not include additions to the Original Code which: (i)
are separate modules of software distributed in conjunction with the
Original Code under their own license agreement, and (ii) are not
derivative works of the Original Code.
d) "Contributor" means:
OPERA and any other entity that distributes the Covered Code.
e) "Recipient" means:
Anyone who receives the Covered Code under this Agreement, including all
Contributors.
f) "Larger Work" means:
A work which combines Covered Code or portions thereof with code not
governed by the terms of this Agreement, specifically additions to the
Original Code which: (i) are separate modules of software distributed in
conjunction with the Original Code under their own license agreement,
and (ii) are not derivative works of the Original Code.
2. Grant of Rights
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly
perform, distribute and sublicense the Contribution of such Contributor,
if any, and such derivative works, in source code and object code form.
The limited license granted in this Section is only for the integration
of the Contribution with or for the use of the Contribution in
connection with other proprietary software of OPERA, including but not
limited to OPERA’s browser software.
b) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Covered Code does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to
secure any other intellectual property rights needed, if any.
c) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright
license set forth in this Agreement.
3. Requirements
a) A Contributor may choose to distribute the Larger Work under its own
license agreement, provided that:
i. it complies with the terms and conditions of this Agreement;
ii. and its license agreement:
1. effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of
title and non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose;
2. effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
3. states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party;
4. states that the Contribution only may be integrated with or used with
other proprietary software of OPERA, including but not limited to
OPERA’s browser software.
5. and states that source code for the Covered Code is available from
such Contributor, and informs licensees how to obtain it in a reasonable
manner on or through a medium customarily used for software exchange.
b) When the Covered Code is made available:
i. it must be made available under this Agreement; and a copy of this
Agreement must be included with each copy of the Covered Code.
ii. Each Contributor must duplicate, to the extent it does not already
exist, the notice in Exhibit A in each file of the Covered Code of all
Contributions, and cause the modified files to carry prominent notices
stating that the contributor changed the files and the date of any
change.
iii. In addition, each Contributor must identify itself as the originator
of its Contribution, if any, in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution.
4. No Warranty
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COVERED CODE IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
for determining the appropriateness of using and distributing the
Covered Code for commercial and non-commercial purposes and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of Covered Code errors,
compliance with applicable laws, damage to or loss of data, code or
equipment, and unavailability or interruption of operations.
5. Disclaimer of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS) , HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE COVERED CODE OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. General
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
All Recipient's rights under this Agreement shall terminate if it fails
to comply with any of the material terms or conditions of this Agreement
and does not cure such failure in a reasonable period of time after
becoming aware of such noncompliance. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distribution
of the Covered Code as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
Recipient relating to the Covered Code shall continue and survive.
OPERA may publish new versions (including revisions) of this Agreement
from time to time. Each new version of the Agreement will be given a
distinguishing version number. The Covered Code (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version
of the Agreement is published, Contributor may elect to distribute the
Covered Code (including its Contributions) under the new version. No one
other than OPERA has the right to modify this Agreement. Except as
expressly stated in Section 2(a) , Recipient receives no rights or
licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel or otherwise. All
rights in the Covered Code not expressly granted under this Agreement
are reserved.
This Agreement is governed by the laws of Norway. Any and all disputes
arising out of the rights and obligations in this Agreement shall be
submitted to ordinary court proceedings. You accept the Oslo City Court
as legal venue under this Agreement.
OpenContent License (OPL)
Version 1.0, July 14. 1998
This document outlines the principles underlying the OpenContent (OC) movement and may be redistributed provided it remains unaltered. For legal purposes, this document is the license under which OpenContent is made available for use.
The original version of this document may be found at http://www.opencontent.org/opl.html
LICENSE
Terms and Conditions for Copying, Distributing, and Modifying
Items other than copying, distributing, and modifying the Content with which this license was distributed (such as using, etc.) are outside the scope of this license.
1. You may copy and distribute exact replicas of the OpenContent (OC) as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the OC a copy of this License along with the OC. You may at your option charge a fee for the media and/or handling involved in creating a unique copy of the OC for use offline, you may at your option offer instructional support for the OC in exchange for a fee, or you may at your option offer warranty in exchange for a fee. You may not charge a fee for the OC itself. You may not charge a fee for the sole service of providing access to and/or use of the OC via a network (e.g. the Internet), whether it be via the world wide web, FTP, or any other method.
2. You may modify your copy or copies of the OpenContent or any portion of it, thus forming works based on the Content, and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified content to carry prominent notices stating that you changed it, the exact nature and content of the changes, and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the OC or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License, unless otherwise permitted under applicable Fair Use law.
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the OC, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the OC, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Exceptions are made to this requirement to release modified works free of charge under this license only in compliance with Fair Use law where applicable.
3. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to copy, distribute or modify the OC. These actions are prohibited by law if you do not accept this License. Therefore, by distributing or translating the OC, or by deriving works herefrom, you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or translating the OC.
NO WARRANTY
4. BECAUSE THE OPENCONTENT (OC) IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE OC, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE OC "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF USE OF THE OC IS WITH YOU. SHOULD THE OC PROVE FAULTY, INACCURATE, OR OTHERWISE UNACCEPTABLE YOU ASSUME THE COST OF ALL NECESSARY REPAIR OR CORRECTION.
5. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MIRROR AND/OR REDISTRIBUTE THE OC AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE OC, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
United Kingdom Open Parliament Licence v3.0
Open Parliament Licence
You are encouraged to use and re-use the information that
is available under this licence freely and flexibly, with
only a few conditions. Using information under this licence
Use of copyright and database right material made
available under this licence (the ‘information’) indicates
your acceptance of the terms and conditions below.
The Licensor grants you a worldwide, royalty-free,
perpetual, non-exclusive licence to use the
information subject to the conditions below.
This licence does not affect your freedom under
fair dealing or fair use or any other copyright
or database right exceptions and limitations.
You are free to:
* copy, publish, distribute and transmit the information
* adapt the information
* exploit the information commercially and non-commercially,
for example, by combining it with other information,
or by including it in your own product or application
You must (where you do any of the above):
* acknowledge the source of the information in your
product or application by including the following
attribution statement and, where possible, provide a
link to this licence: Contains Parliamentary information
licensed under the Open Parliament Licence v3.0.
These are important conditions of this licence and
if you fail to comply with them the rights granted to
you under this licence, or any similar licence granted
by the Licensor, will end automatically.
Exemptions
This licence does not cover the use of:
* personal data in the information;
* information that has neither been published nor disclosed
under information access legislation (including the
Freedom of Information Acts for the UK and Scotland) by or
with the consent of the Licensor;
* the Royal Arms and the Crowned Portcullis;
* third party rights the Licensor is not authorised to license;
* information subject to other intellectual property rights,
including patents, trademarks, and design rights
Non-endorsment
This licence does not grant you any right to use the
information in a way that suggests any official status or
that the Licensor endorses you or your use of the Information.
No warranty
The information is licensed ‘as is’ and the
Licensor excludes all representations, warranties,
obligations and liabilities in relation to the
information to the maximum extent permitted by law.
The Licensor is not liable for any errors or omissions in
the information and shall not be liable for any loss, injury
or damage of any kind caused by its use. The Licensor does
not guarantee the continued supply of the information.
Governing law
This licence is governed by the laws of England and Wales.
Definitions
In this licence, the terms below have the following meanings:
‘Information’ means information protected by copyright
or by database right (for example, literary and
artistic works, content, data and source code)
offered for use under the terms of this licence.
‘Information Provider’ means either House of Parliament.
‘Licensor’ means—
(a) in relation to copyright, the Speaker of the House of
Commons and the Clerk of the Parliaments representing
the House of Commons and House of Lords respectively, and
(b) in relation to database right, the Corporate
Officer of the House of Commons and the Corporate
Officer of the House of Lords respectively.
‘Use’ means doing any act which is restricted by copyright
or database right, whether in the original medium or in any
other medium, and includes without limitation distributing,
copying, adapting and modifying as may be technically
necessary to use it in a different mode or format.
‘You’ means the natural or legal person, or body of persons
corporate or incorporate, acquiring rights under this licence.
About the Open Parliament Licence
This is version 3.0 of the Open Parliament Licence. The
Licensor may, from time to time, issue new versions of the
Open Parliament Licence. However, you may continue to use
information licensed under this version should you wish to do so.
The information licensed under the Open Parliament
Licence includes Parliamentary information in which
Crown copyright subsists. Further context, best practice
and guidance relating to the re-use of public sector
information can be found in the UK Government Licensing
Framework section on The National Archives website.
This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and these paragraphs are included on all such copies and derivative works.
This document may not be modified in any way, such as by removing the copyright notice or references to UserLand or other organizations. Further, while these copyright restrictions apply to the written OPML specification, no claim of ownership is made by UserLand to the format it describes. Any party may, for commercial or non-commercial purposes, implement this protocol without royalty or license fee to UserLand. The limited permissions granted herein are perpetual and will not be revoked by UserLand or its successors or assigns.
This document and the information contained herein is provided on an "AS IS" basis and USERLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Released under the Open Innovation License
Version 1, 10th November 2020
Copyright © 2020 Stark Drones Corporation
Copyright © 2020 Andrew Magdy Kamal
This project is licensed under the Open Innovation License. This means any code, file, diagrams, data format, or other innovation containing this license within it can be copied, modified, redistributed, published, or even used for commercial purposes within the context of this license.
Any code, file, diagrams, data format, or other innovation containing this license is understood to be fully "AS IS", no claims are made in regards to safety, security, warranty, usability, or other form of merchantability and market-readiness.
In no events are copyright holders, authors, or publishers are to be held liable for any claims, damage or results from usage of what have been licensed under this license.
The context of this license includes: Keeping this original license text verbatim and permissive notice, as well as the copyright notice included in any redistribution of said project. Project is defined as what is using this license.
For purposes of context, the copyright notice above version and year is meant to be modified for whomsoever publishes or releases "any code, file, diagrams, data format, or other innovation", so that they can include their information.
After modifying, the comment saying "// Insert information of license holder" which starts with // can be removed. This current paragraph however, will remain in-tact.
Anybody who releases software under the "Open Innovation License" agrees to at goodwill, build or release technology for the betterment of humanity not meant with the intention to harm a human being.
They agree to a prima facie moral duty through consequential deontology to understand that technology should be within the concept of moral good or outcomes that are morally right and/or ethical. They agree at goodwill to promote the advancement of humanity and civilization as a whole.
They agree to a sense of adventurement, edification, and the expansion of the human mind.
Said agreement which is within the last paragraph prior to this sentence is meant to be taken as a general consensus, but not legally enforceable. Again for context, the last paragraph which starts with "Anybody" and ends with "human mind" minus quotations, is outside of the boundaries of being legally enforceable and within the duties of oneselve's actions.
The rest of the license which includes the copyright notice and its context is within a legally enforceable context. For secondary context, the rest of the license refers to anything outside of that said paragraph.
The Open Innovation License
Version 2, 28th December 2020
Copyright © 2020 Stark Drones Corporation
Copyright © 2020 Andrew Magdy Kamal
Preamble
The Stark Drones Corporation believes in building or releasing technology for the betterment of humanity. Technology should not be meant with the intention of harming a human being. We believe in a prima facie moral duty through personal moral obligation to understand that technology should be within the concept of moral good or outcomes that are morally right and/or ethical. We believe in promoting the advancement of humanity and civilization as a whole.
We believe in a sense of adventurement, edification, and the expansion of the human mind.
Released under the Open Innovation License
This project is licensed under the Open Innovation License. This means any code, file, diagrams, data format, or other innovation containing this license within it can be copied, modified, redistributed, published, or even used for non and/or commercial purposes within the context of this license.
Any code, file, diagrams, data format, or other innovation containing this license is understood to be fully "AS IS", no claims are made in regards to safety, security, warranty, usability, or other form of merchantability and market-readiness.
In no events are copyright holders, authors, or publishers are to be held liable for any claims, damage or results from usage of what have been licensed under this license.
The context of this license includes: Keeping this original license text and file verbatim, as well as the copyright notice included in any redistribution of said project. Project is defined as what is using this license.
For purposes of context, the copyright notice after the preamble is meant to be modified for whomsoever publishes or releases "any code, file, diagrams, data format, or other innovation", so that they can include their information.
Oracle Binary Code License Agreement for Java EE Technologies
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java Platform, Enterprise Edition platform. "README File" means the README file for the Software set forth in the Software or otherwise available from Oracle at or through the following URL: http://www.oracle.com/technetwork/java/javaee/documentation/index.html.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations ("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines for Oracle Trademarks currently located at http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Oracle's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section B does not extend to the Software identified in Section D.
C. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that protects Oracle's interests consistent with the terms contained in the Agreement, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section D.
D. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "javafx", "javaee", "sun", "oracle" or similar convention as specified by Oracle in any naming convention designation. You shall not redistribute the Software listed on Schedule 1.
E. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
F. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file set forth in the Software or otherwise available from Oracle at or through the following URL: http://www.oracle.com/technetwork/java/javaee/documentation/index.html . In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution.
G. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
H. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javaee/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
License for Archived Java EE Technologies; Last updated 30 January 2012
Schedule 1 to Supplemental Terms
Non-redistributable Java Technologies
Java Platform, Enterprise Edition, Software Development Kit (except those files specifically identified as redistributable in the README File)
Java Platform, Standard Edition, Software Development Kit
Java Application Verification Kit (AVK) for Enterprise
Java Message Service API Demo
Java Message Service
Java Platform, Enterprise Edition Deployment API
Java Database Connectivity (JDBC) API Test Suite
Java Web Services Developer Pack and Documentation
Java Web Services Tutorial
Java Platform, Enterprise Edition Client Provisioning
Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, netbooks, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers; and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. "Commercial Features" means those features identified in Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. "README File" means the README file for the Software accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand
designations ("Oracle Marks"), and you agree to comply with the Third
Party Usage Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. COMMERCIAL FEATURES. You may not use the Commercial Features for running Programs, Java applets or applications in your internal business operations or for any commercial or production purpose, or for any purpose other than as set forth in Sections B, C, D and E of these Supplemental Terms. If You want to use the Commercial Features for any purpose other than as permitted in this Agreement, You must obtain a separate license from Oracle.
B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in this Agreement and that includes the notice set forth in Section H, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section G.
D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section D does not extend to the Software identified in Section G.
E. DISTRIBUTION BY PUBLISHERS. This section pertains to your distribution of the JavaTM SE Development Kit Software ("JDK") with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, Oracle hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the JDK on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the JDK on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the JDK from the applicable Oracle web site; (iii) You must refer to the JDK as JavaTM SE Development Kit; (iv) The JDK must be reproduced in its entirety and without any modification whatsoever (including with respect to all proprietary notices) and distributed with your Publication subject to a license agreement that is a complete, unmodified reproduction of this Agreement; (v) The Media label shall include the following information: "Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is subject to license terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations are trademarks or registered trademarks of Oracle in the U.S. and other countries." [YEAR] is the year of Oracle's release of the Software; the year information can typically be found in the Software’s "About" box or screen. This information must be placed on the Media label in such a manner as to only apply to the JDK; (vi) You must clearly identify the JDK as Oracle's product on the Media holder or Media label, and you may not state or imply that Oracle is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the JDK; (viii) You agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of the JDK and/or the Publication; ; and (ix) You shall provide Oracle with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065 U.S.A , Attention: General Counsel.
F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", "oracle" or similar convention as specified by Oracle in any naming convention designation.
G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise transfer: (a) JavaFX Runtime prior to version 2.0.2, (b) JavaFX Development Kit prior to version 2.0.2, or (c) any and all patches, bug fixes and updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program.
H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice:
Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. "Commercial Features" means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html
I. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
J. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution.
K. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
L. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
Last updated 25 April 2012
Oracle Binary Code License Agreement for Java SE and JavaFX Technologies
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, netbooks, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means: (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers, and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. "README File" means the README file for the Software set forth in the Software or otherwise available from Oracle at or through the following URL: http://www.oracle.com/technetwork/java/javase/documentation/index.html
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations ("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines for Oracle Trademarks currently located at http://www.oracle.com/us/legal/third-party-trademarks/index.html . Any use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Oracle's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section B does not extend to the Software identified in Section D.
C. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that protects Oracle's interests consistent with the terms contained in the Agreement, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section D.
D. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "javafx", "sun", "oracle" or similar convention as specified by Oracle in any naming convention designation. You shall not redistribute the Software listed on Schedule 1.
E. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
F. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file set forth in the Software or otherwise available from Oracle at or through the following URL: http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution.
G. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
H. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
License for Archived Java SE Technologies; last updated 02 April 2013
Schedule 1 to Supplemental Terms
Non-redistributable Java Technologies
JavaFX Runtime versions prior to version 2.0.2, except for version 1.3.1
JavaFX Development Kit (or SDK) versions prior to version 2.0.2, except for the version 1.3.1 Runtime components which are included in the version 1.3.1 Development Kit
JavaFX Production Suite
Java Naming and Directory Interface(TM)
Java Cryptography Extension (JCE) Unlimited Strength Jurisdiction Policy Files
Jvmstat
Any patches, bug fixes or updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program
Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers; and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. "Commercial Features" means those features identified in Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. "README File" means the README file for the Software accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/us/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand
designations ("Oracle Marks"), and you agree to comply with the Third
Party Usage Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html . Any use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. COMMERCIAL FEATURES. You may not use the Commercial Features for running Programs, Java applets or applications in your internal business operations or for any commercial or production purpose, or for any purpose other than as set forth in Sections B, C, D and E of these Supplemental Terms. If You want to use the Commercial Features for any purpose other than as permitted in this Agreement, You must obtain a separate license from Oracle.
B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in this Agreement and that includes the notice set forth in Section H, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section G.
D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section D does not extend to the Software identified in Section G.
E. DISTRIBUTION BY PUBLISHERS. This section pertains to your distribution of the JavaTM SE Development Kit Software ("JDK") with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, Oracle hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the JDK on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the JDK on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the JDK from the applicable Oracle web site; (iii) You must refer to the JDK as JavaTM SE Development Kit; (iv) The JDK must be reproduced in its entirety and without any modification whatsoever (including with respect to all proprietary notices) and distributed with your Publication subject to a license agreement that is a complete, unmodified reproduction of this Agreement; (v) The Media label shall include the following information: "Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is subject to license terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations are trademarks or registered trademarks of Oracle in the U.S. and other countries." [YEAR] is the year of Oracle's release of the Software; the year information can typically be found in the Software’s "About" box or screen. This information must be placed on the Media label in such a manner as to only apply to the JDK; (vi) You must clearly identify the JDK as Oracle's product on the Media holder or Media label, and you may not state or imply that Oracle is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the JDK; (viii) You agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of the JDK and/or the Publication; ; and (ix) You shall provide Oracle with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065 U.S.A , Attention: General Counsel.
F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", "oracle" or similar convention as specified by Oracle in any naming convention designation.
G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise transfer patches, bug fixes or updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program.
H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice:
Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. "Commercial Features" means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html
I. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
J. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution.
K. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
L. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
Last updated 02 April 2013
Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees and/or those portions of such software produced by jlink as output using a Program’s code, when such output is in unmodified form in combination, and for sole use with, that Program, as well as any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. The Java Linker (jlink) is available with Java 9 and later versions. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers; and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. "Java SE LIUM" means the Licensing Information User Manual – Oracle Java SE and Oracle Java Embedded Products Document accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. "Commercial Features" means those features that are identified as such in the Java SE LIUM under the "Description of Product Editions and Permitted Features" section.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/us/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations ("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines for Oracle Trademarks currently located at http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. COMMERCIAL FEATURES. You may not use the Commercial Features for running Programs, Java applets or applications in your internal business operations or for any commercial or production purpose, or for any purpose other than as set forth in Sections B, C, D and E of these Supplemental Terms. If You want to use the Commercial Features for any purpose other than as permitted in this Agreement, You must obtain a separate license from Oracle.
B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Java SE LIUM incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Java SE LIUM, including, but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in this Agreement and that includes the notice set forth in Section H, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section G.
D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Java SE LIUM, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Java SE LIUM ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable Java SE LIUM), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section D does not extend to the Software identified in Section G.
E. DISTRIBUTION BY PUBLISHERS. This section pertains to your distribution of the JavaTM SE Development Kit Software ("JDK") with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, Oracle hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the JDK on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the JDK on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the JDK from the applicable Oracle web site; (iii) You must refer to the JDK as JavaTM SE Development Kit; (iv) The JDK must be reproduced in its entirety and without any modification whatsoever (including with respect to all proprietary notices) and distributed with your Publication subject to a license agreement that is a complete, unmodified reproduction of this Agreement; (v) The Media label shall include the following information: "Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is subject to license terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations are trademarks or registered trademarks of Oracle in the U.S. and other countries." [YEAR] is the year of Oracle's release of the Software; the year information can typically be found in the Software’s "About" box or screen. This information must be placed on the Media label in such a manner as to only apply to the JDK; (vi) You must clearly identify the JDK as Oracle's product on the Media holder or Media label, and you may not state or imply that Oracle is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the JDK; (viii) You agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of the JDK and/or the Publication; ; and (ix) You shall provide Oracle with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065 U.S.A , Attention: General Counsel.
F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", "oracle" or similar convention as specified by Oracle in any naming convention designation.
G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise transfer patches, bug fixes or updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program.
H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice:
Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. "Commercial Features" means those features that are identified as such in the Licensing Information User Manual – Oracle Java SE and Oracle Java Embedded Products Document, accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html, under the "Description of Product Editions and Permitted Features" section.
I. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
J. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the Java SE LIUM accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the Java SE LIUM, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution.
K. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
L. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
Last updated 21 September 2017
Oracle Binary Code License Agreement for Java Secure Sockets Extension 1.0.3
for Connected Device Configuration 1.0.2
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS
SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE
SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY
SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY
USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO
THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER
LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE
LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO
NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE
AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON
THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the software identified above in binary
form that you selected for download, install or use (in the version You
selected for download, install or use) from Oracle or its authorized
licensees, any other machine readable materials (including, but not limited
to, libraries, source files, header files, and data files), any updates
or error corrections provided by Oracle, and any user manuals, programming
guides and other documentation provided to you by Oracle under this
Agreement. "Programs" means Java technology applets and applications
intended to run on the Java Platform, Micro Edition platform. "README File"
means the README file for the Software set forth in the Software or otherwise
available from Oracle.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement
including, but not limited to, the Java Technology Restrictions of the
Supplemental License Terms, Oracle grants you a non-exclusive, nontransferable,
limited license without license fees to reproduce and use
internally the Software complete and unmodified for the sole purpose of
running Programs.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all
associated intellectual property rights is retained by Oracle and/or its
licensors. Unless enforcement is prohibited by applicable law, you may not
modify, decompile, or reverse engineer Software. You acknowledge that the
Software is developed for general use in a variety of information management
applications; it is not developed or intended for use in any inherently
dangerous applications, including applications that may create a risk of
personal injury. If you use the Software in dangerous applications, then you
shall be responsible to take all appropriate fail-safe, backup, redundancy,
and other measures to ensure its safe use. Oracle disclaims any express or
implied warranty of fitness for such uses. No right, title or interest in or
to any trademark, service mark, logo or trade name of Oracle or its licensors
is granted under this Agreement. Additional restrictions for developers are
set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD
PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR
DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S.
$1,000).
6. TERMINATION. This Agreement is effective until terminated. You may
terminate this Agreement at any time by destroying all copies of Software.
This Agreement will terminate immediately without notice from Oracle if you
fail to comply with any provision of this Agreement. Either party may
terminate this Agreement immediately should any Software become, or in either
party's opinion be likely to become, the subject of a claim of infringement
of any intellectual property right. Upon termination, you must destroy all
copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other
applicable export and import laws govern your use of the Software, including
technical data; additional information can be found on Oracle's Global Trade
Compliance web site (http://www.oracle.com/products/export). You agree that
neither the Software nor any direct product thereof will be exported,
directly, or indirectly, in violation of these laws, or will be used for any
purpose prohibited by these laws including, without limitation, nuclear,
chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and
Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and
JAVA-related trademarks, service marks, logos and other brand designations
("Oracle Marks"), and you agree to comply with the Third Party Usage
Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any
use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on
behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in Software and
accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and
procedural laws of California. You and Oracle agree to submit to the
exclusive jurisdiction of, and venue in, the courts of San Francisco, or
Santa Clara counties in California in any dispute arising out of or relating
to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which
case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and
Oracle relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations
and warranties and prevails over any conflicting or additional terms of any
quote, order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No
modification of this Agreement will be binding, unless in writing and signed
by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary
Code License Agreement. Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the Binary Code
License Agreement. These Supplemental Terms shall supersede any inconsistent
or conflicting terms in the Binary Code License Agreement, or in any license
contained within the Software.
A. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the
terms and conditions of this Agreement and restrictions and exceptions set
forth in the README File incorporated herein by reference, including, but not
limited to the Java Technology Restrictions of these Supplemental Terms,
Oracle grants you a non-exclusive, non-transferable, limited license without
fees to reproduce internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and testing your
Programs.
B. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of
this Agreement and restrictions and exceptions set forth in the README File,
including, but not limited to the Java Technology Restrictions of these
Supplemental Terms, Oracle grants you a non-exclusive, non-transferable,
limited license without fees to reproduce and distribute the Software,
provided that (i) you distribute the Software complete and unmodified and
only bundled as part of, and for the sole purpose of running, your Programs,
(ii) the Programs add significant and primary functionality to the Software,
(iii) you do not distribute additional software intended to replace any
component(s) of the Software, (iv) you do not remove or alter any proprietary
legends or notices contained in the Software, (v) you only distribute the
Software subject to a license agreement that protects Oracle's interests
consistent with the terms contained in this Agreement, (vi) you only
distribute the Software tightly integrated and configured to run with your
implementation of JSR 36 (Connected Device Configuration) and JSR 46
Foundation Profile; (vii) you have a valid license from Oracle for JSR 36
(Connected Device Configuration) and JSR 46 Foundation Profile, and (viii)
you agree to defend and indemnify Oracle and its licensors from and against
any damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim, lawsuit
or action by any third party that arises or results from the use or
distribution of any and all Programs and/or Software.
C. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the
behavior of, or authorize your licensees to create, modify, or change the
behavior of, classes, interfaces, or subpackages that are in any way
identified as "java", "javax", "javafx", "javaee", "sun", "oracle" or
similar convention as specified by Oracle in any naming convention
designation.
D. SOURCE CODE. Software may contain source code that, unless expressly
licensed for other purposes, is provided solely for reference purposes
pursuant to the terms of this Agreement. Source code may not be
redistributed unless expressly provided for in this Agreement.
E. THIRD PARTY CODE. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME file set forth in the Software or otherwise available
from Oracle. In addition to any terms and conditions of any third party
opensource/freeware license identified in the THIRDPARTYLICENSEREADME file,
the disclaimer of warranty and limitation of liability provisions in
paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all
Software in this distribution.
F. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement
immediately should any Software become, or in either party's opinion be
likely to become, the subject of a claim of infringement of any intellectual
property right.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
License for Archived Java Secure Sockets Extension 1.0.3 for Connected Device
Configuration 1.0.2; Last updated 9 March 2012
Use is subject to license terms.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
Neither the name of Oracle Corporation nor the names of its contributors may be
used to endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You acknowledge that this software is not designed, licensed or intended for use
in the design, construction, operation or maintenance of any nuclear facility.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
Redistribution of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
Redistribution in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
Neither the name of Oracle and/or its affiliates. or the names of
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON- INFRINGEMENT, ARE HEREBY EXCLUDED. Oracle and/or its
affiliates. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR
DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR
ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed, licensed or intended
for use in the design, construction, operation or maintenance of any
nuclear facility.
This Oracle database is subject to commercial licensing terms. Refer to http://docs.oracle.com/cd/E11882_01/license.112/e47877/toc.htm for complete details.
Oracle Technology Network
Oracle Developer Tools for Visual Studio .NET Development License Terms
Export Controls on the Programs
Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
-You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
EXPORT RESTRICTIONS
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle®'s Global Trade Compliance web site (http://www.oracle.com/products/export).
You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
ORACLE TECHNOLOGY NETWORK LICENSE AGREEMENT
"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the programs from Oracle. "Programs" refers to the Oracle Developer Tools for Visual Studio.NET software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept" button at the bottom of the page to confirm your acceptance. If you are not willing to be bound by these terms, select the "Do Not Accept" button and the registration process will not continue.
License Rights
We grant you a nonexclusive, nontransferable limited license to use the programs for purposes of developing your applications. If you want to use the programs for any purpose other than as expressly permitted under this agreement you must contact us, or an Oracle reseller, to obtain the appropriate license. We may audit your use of the programs. Program documentation is provided with the programs.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a sufficient number of copies of the programs for the licensed use and one copy of the programs for backup purposes.
You may not:
- use the programs for any purpose other than as provided above;
- distribute the programs;
- charge your end users for use of the programs;
- remove or modify any program markings or any notice of our proprietary rights;
- use the programs to provide third party training on the content and/or functionality of the programs, - assign this agreement or give the programs, program access or an interest in the programs to any individual or entity
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent; or,
- use any Oracle name, trademark or logo.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html?content.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement.
Restricted Rights
If you distribute a license to the United States government, the programs, including documentation, shall be considered commercial computer software and you will place a legend, in addition to applicable copyright notices, on the documentation, and on the media label, substantially similar to the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the licensing restrictions set forth in the applicable Oracle license agreement. Otherwise, programs delivered subject to the Federal Acquisition Regulations are 'restricted computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted Rights (June 1987). Oracle America, Inc., 500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle. For example, you may not develop a software program using an Oracle program and an Open Source program where such use results in a program file(s) that contains code from both the Oracle program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program, or any modifications thereto, to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 04/21/05
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
Oracle Corporation ("ORACLE") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: Product
License Term: Perpetual (subject to termination under the SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for Your own Individual,
Commercial and Research and Instructional Use only for the purposes of
designing, developing, testing, and running Your applets and
applications ("Programs").
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's documentation,
You may reproduce and distribute portions of Software identified as a
redistributable in the documentation (each a "Redistributable"),
provided that You comply with the following (note that You may be
entitled to reproduce and distribute other portions of the Software not
defined in the documentation as a Redistributable under certain other
licenses as described in the THIRDPARTYLICENSEREADME, if applicable):
(a) You distribute Redistributable complete and unmodified and only
bundled as part of Your Programs,
(b) Your Programs add significant and primary functionality to the
Redistributable,
(c) You distribute Redistributable for the sole purpose of running Your
Programs,
(d) You do not distribute additional software intended to replace any
component(s) of the Redistributable,
(e) You do not remove or alter any proprietary legends or notices
contained in or on the Redistributable.
(f) You only distribute the Redistributable subject to a license
agreement that protects Oracle's interests consistent with the terms
contained in this Agreement, and
(g) You agree to defend and indemnify Oracle and its licensors from and
against any damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection with any
claim, lawsuit or action by any third party that arises or results from
the use or distribution of any and all Programs and/or
Redistributable.
3. Java Technology Restrictions. You may not create, modify, or change
the behavior of, or authorize Your licensees to create, modify, or
change the behavior of, classes, interfaces, or subpackages that are in
any way identified as "java", "javax", "sun" or similar convention as
specified by Oracle in any naming convention designation.
4. No Diagnostic, Maintenance, Repair or Technical Support Services.
The scope of Your license does not include any right, express or
implied, (i) to access, copy, distribute, display or use the Software
to provide diagnostic, maintenance, repair or technical support
services for Oracle software or Oracle hardware on behalf of any third party
for Your direct or indirect commercial gain or advantage, without Oracle's
prior written authorization, or (ii) for any third party to access,
copy, distribute, display or use the Software to provide diagnostic,
maintenance, repair or technical support services for Oracle software or
Oracle hardware on Your behalf for such party's direct or indirect
commercial gain or advantage, without Oracle's prior written
authorization. The limitations set forth in this paragraph apply to any
and all error corrections, patches, updates, and upgrades to the
Software You may receive, access, download or otherwise obtain from
Oracle.
5. Records and Documentation. During the term of the SLA and
Entitlement, and for a period of three (3) years thereafter, You agree
to keep proper records and documentation of Your compliance with the
SLA and Entitlement. Upon Oracle's reasonable request, You will provide
copies of such records and documentation to Oracle for the purpose of
confirming Your compliance with the terms and conditions of the SLA and
Entitlement. This section will survive any termination of the SLA and
Entitlement. You may terminate this SLA and Entitlement at any time by
destroying all copies of the Software in which case the obligations set
forth in Section 7 of the SLA shall apply.
Oracle Corporation ("ORACLE")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
MASTER TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable documents
authorized by Oracle evidencing your obligation to pay associated fees (if
any) for the license, associated Services, and the authorized scope of
use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized
in this Agreement as specified in your Entitlement. The Permitted Use
for any bundled Oracle software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Oracle or its delegate will
provide, if any, as selected in your Entitlement and as further
described in the applicable service listings at
www.sun.com/service/servicelist.
(e) "Software" means the Oracle software described in your
Entitlement. Also, certain software may be included for evaluation use
under Section 3.
(f) "You" and "Your" means the individual or legal entity specified
in the Entitlement, or for evaluation purposes, the entity performing
the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Oracle grants you a
nonexclusive, nontransferable limited license to use Software for its
Permitted Use for the license term. Your Entitlement will specify (a)
Software licensed, (b) the Permitted Use, (c) the license term, and (d)
the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also
specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the
date such rights begin is other than the purchase date, your
Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on
the manner in which you obtain Software and Services, for example, the
Entitlement may be provided in your receipt, invoice or your contract
with Oracle or authorized Oracle reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted
Uses will apply to your use of Software. Unless you have an Entitlement
that expressly permits it, you may not use Software for any of the
other Permitted Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to you, then
such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period
of 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to
design, develop and test, and also to provide instruction on such
uses.
(c) Individual Use. You may use Software internally for personal,
individual use.
(d) Commercial Use. You may use Software internally for your own
commercial purposes.
(e) Service Provider Use. You may make Software functionality
accessible (but not by providing Software itself or through outsourcing
services) to your end users in an extranet deployment, but not to your
affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in
your Entitlement. If you require additional Licensed Units, you will
need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this Agreement are
licensed, not sold, to you by Oracle. Oracle reserves all rights not
expressly granted. (b) You may make a single archival copy of Software,
but otherwise may not copy, modify, or distribute Software. However if
the Oracle documentation accompanying Software lists specific portions of
Software, such as header files, class libraries, reference source code,
and/or redistributable files, that may be handled differently, you may
do so only as provided in the Oracle documentation. (c) You may not rent,
lease, lend or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse engineer Software.
(e) The terms and conditions of this Agreement will apply to any
Software updates, provided to you at Oracle's discretion, that replace
and/or supplement the original Software, unless such update contains a
separate license. (f) You may not publish or provide the results of any
benchmark or comparison tests run on Software to any third party
without the prior written consent of Oracle. (g) Software is confidential
and copyrighted. (h) Unless otherwise specified, if Software is
delivered with embedded or bundled software that enables functionality
of Software, you may not use such software on a stand-alone basis or
use any portion of such software to interoperate with any program(s)
other than Software. (i) Software may contain programs that perform
automated collection of system data and/or automated software updating
services. System data collected through such programs may be used by
Oracle, its subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or improving
Oracle's software and systems. (j) Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility and Oracle and its licensors disclaim any express
or implied warranty of fitness for such uses. (k) No right, title or
interest in or to any trademark, service mark, logo or trade name of
Oracle or its licensors is granted under this Agreement.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional
classes to, or modifications of, the Java technology, except under
compatibility requirements available under a separate agreement
available at www.java.net.
Oracle supports and benefits from the global community of open source
developers, and thanks the community for its important contributions
and open standards-based technology, which Oracle has adopted into many of
its products.
Please note that portions of Software may be provided with notices and
open source licenses from such communities and third parties that
govern the use of those portions, and any licenses granted hereunder do
not alter any rights and obligations you may have under such open
source licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in
this distribution.
7. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your
rights under this Agreement will terminate immediately without notice
from Oracle if you materially breach it or take any action in derogation
of Oracle's and/or its licensors' rights to Software. Oracle may terminate
this Agreement should any Software become, or in Oracle's reasonable
opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon
termination, you will cease use of, and destroy, Software and confirm
compliance in writing to Oracle. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
8. Limited Warranty.
Oracle warrants to you that for a period of 90 days from the date of
purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is
provided "AS IS". Your exclusive remedy and Oracle's entire liability
under this limited warranty will be at Oracle's option to replace Software
media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ORACLE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Oracle's
liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of
the terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials
delivered under this Agreement are subject to U.S. export control laws
and may be subject to export or import regulations in other countries.
You agree to comply strictly with these laws and regulations and
acknowledge that you have the responsibility to obtain any licenses to
export, re-export, or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or
by a U.S. Government prime contractor or subcontractor (at any tier),
then the Government's rights in Software and accompanying documentation
will be only as set forth in this Agreement; this is in accordance with
48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
14. Severability.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless
omission would frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is
the entire agreement between you and Oracle relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails
over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification
of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
For inquiries please contact: Oracle Corporation, 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
Oracle Free Use Terms and Conditions
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an "Entity") accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. "Program(s)" refers to Oracle software provided by Oracle pursuant to the following terms and any updates, error corrections, and/or Program Documentation provided by Oracle. "Program Documentation" refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. "Separate Terms" refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Technology. "Separately Licensed Technology" refers to Oracle or third party technology that is licensed under Separate Terms and not under the terms of this license.
Separately Licensed Technology
Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with Oracle or third party technology provided as or with the Programs. If specified in the Program Documentation, readmes or notice files, such technology will be licensed to You under Separate Terms. Your rights to use Separately Licensed Technology under Separate Terms are not restricted in any way by the terms herein. For clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Technology shall be deemed part of the Programs licensed to You under the terms of this license.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
-------------------------------------------------------------------------------
The following license terms apply to those Programs that are not provided to You under Separate Terms.
License Rights and Restrictions
Oracle grants to You, as a recipient of this Program, a nonexclusive, nontransferable, limited license to, subject to the conditions stated herein, (a) internally use the unmodified Programs for the purposes of developing, testing, prototyping and demonstrating your applications, and running the Programs for your own internal business operations; and (b) redistribute unmodified Programs and Programs Documentation, under the terms of this License, provided that You do not charge Your end users any additional fees for the use of the Programs. You may make copies of the Programs to the extent reasonably necessary for exercising the license rights granted herein and for backup purposes. You are granted the right to use the Programs to provide third party training in the use of the Programs and associated Separately Licensed Technology only if there is express authorization of such use by Oracle on the Program's download page or in the Program Documentation.
Your license is contingent on Your compliance with the following conditions:
- You include a copy of this license with any distribution by You of the Programs;
- You do not remove markings or notices of either Oracle's or a licensor's proprietary rights from the Programs or Program Documentation;
- You comply with all U.S. and applicable export control and economic sanctions laws and regulations that govern Your use of the Programs (including technical data);
- You do not cause or permit reverse engineering, disassembly or decompilation of the Programs (except as allowed by law) by You nor allow an associated party to do so.
For clarity, any source code that may be included in the distribution with the Programs is provided solely for reference purposes and may not be modified, unless such source code is under Separate Terms permitting modification.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Information Collection
The Programs' installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle's Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ORACLE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last updated: 9 October 2018
GraalVM Free Terms and Conditions (GFTC) including License for Early Adopter Versions
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an "Entity") accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. "Program(s)" refers to Oracle software provided by Oracle pursuant to the following terms and any updates, error corrections, and/or Program Documentation provided by Oracle but does not include: (i) any Oracle software identified as “Early Adopter” software that is provided to You by Oracle for use in connection with a Program; (ii) any updates and error corrections thereto; and (iii) user manuals and installation manuals, if any, associated with any such Oracle software identified as “Early Adopter.” Any Oracle software identified as “Early Adopter” software is subject to the terms of the License for Early Adopter Versions provided below. "Program Documentation" refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. "Separate Terms" refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Technology. "Separately Licensed Technology" refers to Oracle or third party technology that is licensed under Separate Terms and not under the terms of this license.
Separately Licensed Technology
Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with Oracle or third party technology provided as or with the Programs. If specified in the Program Documentation, readmes or notice files, such technology will be licensed to You under Separate Terms. Your rights to use Separately Licensed Technology under Separate Terms are not restricted in any way by the terms herein. For clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Technology shall be deemed part of the Programs licensed to You under the terms of this license.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or https://www.oracle.com/goto/opensourcecode . If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
The following license terms, as modified, if applicable, by the License for Early Adopter Versions, apply to those Programs that are not provided to You under Separate Terms.
License Rights and Restrictions
Oracle grants to You, as a recipient of this Program, subject to the conditions stated herein, a nonexclusive, nontransferable, limited license to:
(a) internally use the unmodified Programs for the purposes of developing, testing, prototyping and demonstrating your applications, and running the Program for Your own personal use or internal business operations; and
(b) redistribute the unmodified Program and Program Documentation, under the terms of this License, provided that You do not charge Your licensees any fees associated with such distribution or use of the Program, including, without limitation, fees for products that include or are bundled with a copy of the Program or for services that involve the use of the distributed Program.
For clarity, those portions of a Program included in otherwise unmodified software that is produced as output resulting from running the unmodified Program (such as may be produced by use of GraalVM Native Image) shall be deemed to be an unmodified Program for the purposes of this license.
You may make copies of the Programs to the extent reasonably necessary for exercising the license rights granted herein and for backup purposes. You are granted the right to use the Programs to provide third party training in the use of the Programs and associated Separately Licensed Technology only if there is express authorization of such use by Oracle on the Program's download page or in the Program Documentation.
Your license is contingent on compliance with the following conditions:
- You do not remove markings or notices of either Oracle's or a licensor's proprietary rights from the Programs or Program Documentation;
- You comply with all U.S. and applicable export control and economic sanctions laws and regulations that govern Your use of the Programs (including technical data);
- You do not cause or permit reverse engineering, disassembly or decompilation of the Programs (except as allowed by law) by You nor allow an associated party to do so.
For clarity, any source code that may be included in the distribution with the Programs is provided solely for reference purposes and may not be modified, unless such source code is under Separate Terms permitting modification.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Information Collection
The Programs' installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle's Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ORACLE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
License for Early Adopter Versions
License Rights
Oracle grants You a nonexclusive, nontransferable, limited license to use the Early Adopter Versions and output created by the Early Adopter Versions, subject to all license terms, conditions, and restrictions that apply to the Program with which it is provided, as modified by the terms of this License for Early Adopter Versions.
All rights not expressly granted in this License for the Early Adopter Versions are reserved by Oracle.
Early Adopter Versions
Early Adopter Versions are subject to ongoing development, testing, and modification. Oracle may significantly change the features and functionality of Early Adopter Versions and future releases may include changes that are incompatible with the current version. Oracle may also place limits on backports. You may be required to change Your application significantly to use future versions of the Early Adopter Versions. Any development or other work You undertake with the Early Adopter Versions is at Your sole risk.
Disclaimer of Warranties
THE EARLY ADOPTER VERSIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
Limitation of Liability
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, RELATED TO THE EARLY ADOPTER VERSIONS WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES RELATED TO THE EARLY ADOPTER VERSIONS SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Notices
Should You have any questions concerning this license, or if You desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Last updated: 12 June 2023
Oracle Technology Network Developer License Terms for JAVA EE SDK
Export Controls on the Programs Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
-You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
EXPORT RESTRICTIONS You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle®'s Global Trade Compliance web site (http://www.oracle.com/products/export).
You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
Oracle Technology Network Development License Agreement for JAVA EE SDK
"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the programs from Oracle. "Programs" refers to the Java EE SDK software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept" button at the bottom of the page to confirm your acceptance. If you are not willing to be bound by these terms, select the "Do Not Accept" button and the registration process will not continue.
License Rights
We grant you a nonexclusive, nontransferable limited license to use the programs for purposes of developing your applications. If you want to use the programs for any purpose other than as expressly permitted under this agreement you must contact us, or an Oracle reseller, to obtain the appropriate license. We may audit your use of the programs. Program documentation is provided with the programs.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a sufficient number of copies of the programs for the licensed use and one copy of the programs for backup purposes.
You may not:
· use the programs for any purpose other than as provided above;
· distribute the programs;
· charge your end users for use of the programs;
· remove or modify any program markings or any notice of our proprietary rights;
· use the programs to provide third party training on the content and/or functionality of the programs;
· assign this agreement or give the programs, program access or an interest in the programs to any individual or entity;
· cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
· disclose results of any program benchmark tests without our prior consent; or,
· use any Oracle name, trademark or logo.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement.
Restricted Rights
If you distribute a license to the United States government, the programs, including documentation, shall be considered commercial computer software and you will place a legend, in addition to applicable copyright notices, on the documentation, and on the media label, substantially similar to the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the licensing restrictions set forth in the applicable Oracle license agreement. Otherwise, programs delivered subject to the Federal Acquisition Regulations are 'restricted computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted Rights (June 1987). Oracle America, Inc., 500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle. For example, you may not develop a software program using an Oracle program and an Open Source program where such use results in a program file(s) that contains code from both the Oracle program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program, or any modifications thereto, to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 05/10/2010 Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write: Oracle America, Inc. 500 Oracle Parkway, Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
The Oracle Master Agreement (OMA) is the standard agreement that is used to license Oracle programs and acquire related services.
See http://www.oracle.com/us/corporate/contracts/oma/index.html
Oracle 1-800-633-0738
Oracle's FOSS License Exception Terms and Conditions
1. Definitions. "Derivative Work" means a derivative work, as defined
under applicable copyright law, formed entirely from the Program and
one or more FOSS Applications.
"FOSS Application" means a free and open source software application
distributed subject to a license listed in the section below titled
"FOSS License List."
"FOSS Notice" means a notice placed by Oracle or MySQL in a copy of
the MySQL Client Libraries stating that such copy of the MySQL Client
Libraries may be distributed under Oracle's or MySQL's FOSS (or FLOSS)
License Exception.
"Independent Work" means portions of the Derivative Work that are not
derived from the Program and can reasonably be considered independent
and separate works.
"Program" means a copy of Oracle's MySQL Client Libraries that
contains a FOSS Notice.
2. A FOSS application developer ("you" or "your") may distribute a
Derivative Work provided that you and the Derivative Work meet all of
the following conditions:
a. You obey the GPL in all respects for the Program and all portions
(including modifications) of the Program included in the
Derivative Work (provided that this condition does not apply to
Independent Works);
b. The Derivative Work does not include any work licensed under the
GPL other than the Program;
c. You distribute Independent Works subject to a license listed in
the section below titled "FOSS License List";
d. You distribute Independent Works in object code or executable
form with the complete corresponding machine-readable source code
on the same medium and under the same FOSS license applying to
the object code or executable forms;
e. All works that are aggregated with the Program or the Derivative
Work on a medium or volume of storage are not derivative works of
the Program, Derivative Work or FOSS Application, and must
reasonably be considered independent and separate works.
3. Oracle reserves all rights not expressly granted in these terms and
conditions. If all of the above conditions are not met, then this FOSS
License Exception does not apply to you or your Derivative Work.
FOSS License List
+------------------------------------------------------------------------+
|License Name |Version(s)/Copyright Date|
|----------------------------------------------+-------------------------|
|Academic Free License |2.0 |
|----------------------------------------------+-------------------------|
|Apache Software License |1.0/1.1/2.0 |
|----------------------------------------------+-------------------------|
|Apple Public Source License |2.0 |
|----------------------------------------------+-------------------------|
|Artistic license |From Perl 5.8.0 |
|----------------------------------------------+-------------------------|
|BSD license |"July 22 1999" |
|----------------------------------------------+-------------------------|
|Common Development and Distribution License |1.0 |
|(CDDL) | |
|----------------------------------------------+-------------------------|
|Common Public License |1.0 |
|----------------------------------------------+-------------------------|
|Eclipse Public License |1.0 |
|----------------------------------------------+-------------------------|
|European Union Public License (EUPL)¹ |1.1 |
|----------------------------------------------+-------------------------|
|GNU Affero General Public License (AGPL) |3.0 |
|----------------------------------------------+-------------------------|
|GNU Library or "Lesser" General Public License|2.0/2.1/3.0 |
|(LGPL) | |
|----------------------------------------------+-------------------------|
|GNU General Public License (GPL) |3.0 |
|----------------------------------------------+-------------------------|
|IBM Public License |1.0 |
|----------------------------------------------+-------------------------|
|Jabber Open Source License |1.0 |
|----------------------------------------------+-------------------------|
|MIT License (As listed in file |- |
|MIT-License.txt) | |
|----------------------------------------------+-------------------------|
|Mozilla Public License (MPL) |1.0/1.1 |
|----------------------------------------------+-------------------------|
|Open Software License |2.0 |
|----------------------------------------------+-------------------------|
|OpenSSL license (with original SSLeay license)|"2003" ("1998") |
|----------------------------------------------+-------------------------|
|PHP License |3.0/3.01 |
|----------------------------------------------+-------------------------|
|Python license (CNRI Python License) |- |
|----------------------------------------------+-------------------------|
|Python Software Foundation License |2.1.1 |
|----------------------------------------------+-------------------------|
|Sleepycat License |"1999" |
|----------------------------------------------+-------------------------|
|University of Illinois/NCSA Open Source |- |
|License | |
|----------------------------------------------+-------------------------|
|W3C License |"2001" |
|----------------------------------------------+-------------------------|
|X11 License |"2001" |
|----------------------------------------------+-------------------------|
|Zlib/libpng License |- |
|----------------------------------------------+-------------------------|
|Zope Public License |2.0 |
+------------------------------------------------------------------------+
¹) When an Independent Work is licensed under a "Compatible License"
pursuant to the EUPL, the Compatible License rather than the EUPL is the
applicable license for purposes of these FOSS License Exception Terms and
Conditions.
Oracle No-Fee Terms and Conditions (NFTC)
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an "Entity") accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. "Program(s)" refers to Oracle software provided by Oracle pursuant to the following terms and any updates, error corrections, and/or Program Documentation provided by Oracle. "Program Documentation" refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. "Separate Terms" refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Technology. "Separately Licensed Technology" refers to Oracle or third party technology that is licensed under Separate Terms and not under the terms of this license.
Separately Licensed Technology
Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with Oracle or third party technology provided as or with the Programs. If specified in the Program Documentation, readmes or notice files, such technology will be licensed to You under Separate Terms. Your rights to use Separately Licensed Technology under Separate Terms are not restricted in any way by the terms herein. For clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Technology shall be deemed part of the Programs licensed to You under the terms of this license.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
-------------------------------------------------------------------------------
The following license terms apply to those Programs that are not provided to You under Separate Terms.
License Rights and Restrictions
Oracle grants to You, as a recipient of this Program, subject to the conditions stated herein, a nonexclusive, nontransferable, limited license to:
(a) internally use the unmodified Programs for the purposes of developing, testing, prototyping and demonstrating your applications, and running the Program for Your own personal use or internal business operations; and
(b) redistribute the unmodified Program and Program Documentation, under the terms of this License, provided that You do not charge Your licensees any fees associated with such distribution or use of the Program, including, without limitation, fees for products that include or are bundled with a copy of the Program or for services that involve the use of the distributed Program.
You may make copies of the Programs to the extent reasonably necessary for exercising the license rights granted herein and for backup purposes. You are granted the right to use the Programs to provide third party training in the use of the Programs and associated Separately Licensed Technology only if there is express authorization of such use by Oracle on the Program's download page or in the Program Documentation.
Your license is contingent on compliance with the following conditions:
- You do not remove markings or notices of either Oracle's or a licensor's proprietary rights from the Programs or Program Documentation;
- You comply with all U.S. and applicable export control and economic sanctions laws and regulations that govern Your use of the Programs (including technical data);
- You do not cause or permit reverse engineering, disassembly or decompilation of the Programs (except as allowed by law) by You nor allow an associated party to do so.
For clarity, any source code that may be included in the distribution with the Programs is provided solely for reference purposes and may not be modified, unless such source code is under Separate Terms permitting modification.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Information Collection
The Programs' installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle's Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ORACLE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last updated: 12 September 2021
"CLASSPATH" EXCEPTION TO THE GPL
Certain source files distributed by Oracle America and/or its affiliates are
subject to the following clarification and special exception to the GPL, but
only where Oracle has expressly included in the particular source file's header
the words "Oracle designates this particular file as subject to the "Classpath"
exception as provided by Oracle in the LICENSE file that accompanied this code."
Linking this library statically or dynamically with other modules is making
a combined work based on this library. Thus, the terms and conditions of
the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of this library give you
permission to link this library with independent modules to produce an
executable, regardless of the license terms of these independent modules,
and to copy and distribute the resulting executable under terms of your
choice, provided that you also meet, for each linked independent module,
the terms and conditions of the license of that module. An independent
module is a module which is not derived from or based on this library. If
you modify this library, you may extend this exception to your version of
the library, but you are not obligated to do so. If you do not wish to do
so, delete this exception statement from your version.
Oracle Technology Network License Agreement for Oracle Java SE
Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the "Accept License Agreement" button or box (or the equivalent) or installing or using the Programs, You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
Definitions"Oracle" refers to Oracle America, Inc.
"You" and "Your" refers to (a) a company or organization (“Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs (“Individual”), if use of the Programs will not be on behalf of an Entity.
“Contractors” refers to Your agents and contractors (including, without limitation, outsourcers).
“Development Use” refers to Your internal use of the Programs to develop, test, prototype and demonstrate Your Applications. For purposes of clarity, the “to develop” grant includes using the Programs to run profilers, debuggers and Integrated Development Environments (IDE Tools) where the primary purpose of the IDE Tools is profiling, debugging and source code editing Applications.
"Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle.
“Program Documentation” refers to the Licensing Information User Manual for Oracle Java SE for the applicable version accessible at https://www.oracle.com/technetwork/java/javase/documentation/ and other documentation provided by Oracle with the Programs or accessible at https://docs.oracle.com/en/java.
“Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology.
“Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
“Application” refers to applications intended to run on the Java Platform, Standard Edition.
“Personal Use” refers to an Individual's use of the Programs solely on a desktop or laptop computer under such Individual's control only to run Personal Applications.
“Personal Applications” refers to Applications designed for individual personal use only, such as games or personal productivity tools.
“Oracle Approved Product Use” refers to Your internal use of the Programs only to run: (a) the product(s) identified as Schedule A Products at https://java.com/oaa; and/or (b) software Applications developed using the products identified as Schedule B Products at java.com/oaa by an Oracle authorized licensee of such Schedule B Products. If You are unsure whether the Application You intend to run using the Programs is developed using a Schedule B Product, please contact your Application provider.
“Oracle Cloud Infrastructure Use (“OCI Use”)” refers to Your use of the Programs on Oracle's Cloud Infrastructure with the Oracle Cloud Infrastructure products identified in the Oracle PaaS and IaaS Universal Credits Service Descriptions available at http://oracle.com/contracts during the period in which You maintain a subscription for such Oracle Cloud Infrastructure products.
License Rights and Restrictions Oracle grants You a nonexclusive, nontransferable, limited license to use the Programs, subject to the restrictions stated in this Agreement and Program Documentation, only for:
(i) Personal Use,
(ii) Development Use,
(iii) Oracle Approved Product Use, and/or
(iv) Oracle Cloud Infrastructure Use.
You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle's intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement.
You may not:
remove or modify any Program markings or any notice of Oracle's or a licensor's proprietary rights;
make the Programs available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement);
assign this Agreement or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and
create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", “oracle” or similar convention as specified by Oracle in any naming convention designation.
The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Program license under a separate agreement permitting such use.
OwnershipOracle or its licensors retain all ownership and intellectual property rights to the Programs.
Third-Party Technology The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.
Source Code for Open Source SoftwareFor software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Export Controls Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs. You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Information CollectionThe Programs' installation and/or update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle's Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support Oracle does not provide technical support, phone support, or updates under this Agreement.
Audit; Termination Oracle may audit an Entity's use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
Relationship Between the Parties Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Entire Agreement; Governing Law You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Notices Should You have any questions concerning this Agreement, or if You desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees: Under no circumstances are Oracle employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to Oracle employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, an Oracle employee's failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: April 10, 2019
Oracle SQL Developer License Terms
Oracle SQL Developer Data Modeler License Terms
Export Controls on the Programs
Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
-You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
EXPORT RESTRICTIONS
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle®'s Global Trade Compliance web site (http://www.oracle.com/products/export).
You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
Oracle SQL Developer License Agreement
Oracle SQL Developer Data Modeler License Agreement
We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the programs from Oracle. "Programs" refers to the Oracle software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept" button at the bottom of the page to confirm your acceptance. If you are not willing to be bound by these terms, select the "Do Not Accept" button and the registration process will not continue.
LICENSE RIGHTS
We grant you a nonexclusive, nontransferable limited license to use the programs solely for your business operations and any third party training as part of such business operations. We may audit your use of the programs. Program documentation may be accessed online at http://www.oracle.com/technetwork/indexes/documentation/index.html.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a sufficient number of copies of the programs for the licensed use and one copy of the programs for backup purposes.
You may not:
- remove or modify any program markings or any notice of our proprietary rights;
- make the programs available in any manner to any third party, other than as specified above;
- use the programs for any purpose other than as provided above;
- assign this agreement or give or transfer the programs or an interest in them to another individual or entity;
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html?content.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Trial Programs Included With Orders
We may include additional programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these programs. Any use of these programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs.
Technical Support
Our technical support organization does not provide technical support, phone support, or updates specifically for the programs licensed under this agreement. However, if you have a supported license of an Oracle database program, then the technical support organization will provide technical support, phone support for the program licensed hereunder in conjunction with the Oracle database program license.
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source
Third party technology that may be appropriate or necessary for use with the program may be specified in the program documentation. To the extent stated in the program documentation, such third party technology is licensed to you under the terms of the third party technology license agreement specified in the program documentation and not under the terms of this agreement. Nothing in this agreement should be construed as modifying or limiting your rights to use such third party technology under the terms of the specified third party license.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 09/17/10 (jlr)
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
VirtualBox Extension Pack Personal Use and Educational License (PUEL)
License version 12, 22 July 2024
PLEASE READ THE FOLLOWING ORACLE VIRTUALBOX EXTENSION PACK PERSONAL USE AND EDUCATIONAL LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE ORACLE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE.
ORACLE AMERICA, INC. (“ORACLE”) IS WILLING TO LICENSE THE PRODUCT DEFINED IN SECTION 1 BELOW ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS VIRTUALBOX EXTENSION PACK PERSONAL USE AND EDUCATIONAL LICENSE AGREEMENT (“AGREEMENT”).
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY (RATHER THAN AS AN INDIVIDUAL HUMAN BEING), YOU REPRESENT THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY.
1 Subject of Agreement. This Agreement governs your use of the binary software package called “Oracle VirtualBox Extension Pack” (the “Product”), which contains a set of additional features for “Oracle VirtualBox” that enhance the operation of multiple virtual machines (“Guest Computers”) on a single physical computer (“Host Computer”). The Product consists of executable files in machine code, script files, data files, and all documentation and updates provided to You by Oracle.
2 Grant of license. Oracle grants you a personal, non-exclusive, non-transferable, limited license without fees to reproduce, install, execute, and use internally the Product on Host Computers for your Personal Use, or Educational Use. “Personal Use” is noncommercial use solely by the person downloading the Product from Oracle on a single Host Computer, provided that no more than one client or remote computer is connected to that Host Computer and that client or remote computer is used solely to remotely view the Guest Computer(s). “Educational Use” is any use by teachers or students in an academic institution (schools, colleges and universities) as part of the institution’s educational curriculum. Personal Use and/or Educational Use expressly exclude any use of the Product for commercial purposes or to operate, run, or act on behalf of or for the benefit of a business, organization, governmental organization, or educational institution.
Oracle reserves all rights not expressly granted in this license.
3 Restrictions and Reservation of Rights.
(1) The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by Oracle.
(2) You may not do any of the following: (a) modify any part of the Product, except to the extent allowed in the documentation accompanying the Product; (b) rent, lease, lend, re-distribute, or encumber the Product; (c) remove or alter any proprietary legends or notices contained in the Product; or (d) decompile, or reverse engineer the Product (except to the extent permitted by applicable law).
(3) The Product is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and Oracle and its licensors disclaim any express or implied warranty of fitness for such uses.
(4) No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement.
4 Termination. The Agreement is effective on the date you receive the Product and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from Oracle if you materially breach it or take any action in derogation of Oracle's and/or its licensors' rights to the Product. Oracle may terminate this Agreement immediately should any part of the Product become or in Oracle's reasonable opinion likely to become the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of and destroy all copies of the Product under your control and confirm compliance in writing to Oracle. Neither termination of this Agreement nor any deletion or removal of the Product shall limit any obligations you may have to Oracle, or any rights and/or remedies that Oracle may have with respect to any past or future infringing use of the Product (including but not limited to any use of the Product outside the scope of the license provided in the Agreement). Sections 3-9, inclusive, will survive termination of the Agreement.
5 Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ORACLE PROVIDES THE PRODUCT “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ORACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction.
6 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, DATA, OR DATA USE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Oracle's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Product under this Agreement.
7 Separately Licensed Third Party Technology. The Product may contain or require the use of third party technology that is provided with the Product. Oracle may provide certain notices to you in the Product’s documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to you either under the terms of this Agreement or, if specified in the documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Product and is licensed to You under the terms of this Agreement. “Separate Terms” refers to separate license terms that are specified in the Product’s documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
8 Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Product. You agree that such export laws govern your use of the Product (including technical data) provided under this Agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, and/or Product (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
9 U.S. Government End Users. Oracle programs, including the Product, any operating system, integrated software, any programs installed on hardware, and/or documentation, delivered to U.S. Government end users are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the programs, including any operating system, integrated software, any programs installed on the hardware, and/or documentation, shall be subject to license terms and license restrictions applicable to the programs. No other rights are granted to the U.S. Government.
10 Miscellaneous. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. This Agreement is governed by the laws of the State of California, USA, and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. Upon 45 days written notice, Oracle may audit your use of the Product to confirm that you are in compliance with the terms of this Agreement. You agree to cooperate with Oracle’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within 30 days of written notification any fees applicable to your unlicensed use of the Product. You agree that Oracle shall not be responsible for any of your costs incurred in cooperating with the audit. If a legal action or proceeding is commenced by either party in connection with the enforcement of this Agreement, the prevailing party shall be entitled to its costs and attorneys’ fees actually incurred in connection with such action or proceeding.
Oracle Web Sites Terms of Use
http://www.oracle.com/html/terms.html
Terms of Use LAST REVISED: February 11, 2009
BY USING THE ORACLE WEB SITES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE ORACLE WEB SITES.
Welcome to the Oracle Web sites (the "Site"). Through the Site, you have access to a variety of resources and content. These include:
(a) software and software as a service offerings ("Software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services").
Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. Oracle Corporation and its affiliated companies ("We" or "Oracle") may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted. You can review the most current Terms of Use at http://www.oracle.com/html/terms.html and Privacy Policy
at http://www.oracle.com/html/privacy.html.
1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that Oracle publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Use of Community Services
Community Services are provided as a convenience to users and Oracle is not obligated to provide anytechnical support for, or participate in, Community Services. While Community Services may include information regarding Oracle products and services, including information from Oracle employees, they are not an official customer support channel for Oracle.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Oracle.
5. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Oracle or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Oracle reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
6. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Oracle all of the licenses and rights set forth herein. By Sharing Content, you grant Oracle a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Oracle product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Oracle without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Oracle's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will not Share any Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another's confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
Oracle does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Oracle on a non-confidential and unrestricted basis.
7. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Oracle accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Oracle accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Oracle accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Oracle accounts, computer systems or networks without Oracle's express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Oracle immediately of any unauthorized use of your password(s) or account(s).
8. No Unlawful or Prohibited Use
You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
9. Indemnity
You agree to indemnify and hold harmless Oracle, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.
10. Monitoring
Oracle has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Oracle reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
11. Termination of Use
Oracle may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Oracle may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. Oracle will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Oracle shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.
12. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Oracle is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.
13. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORACLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. ORACLE MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. ORACLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
ORACLE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability
IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
15. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
16. Privacy Policy
Oracle is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Oracle's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Oracle's Privacy Policy.
17. Note About Minors
Minors are not eligible to use the Site, and we ask that they do not submit any information to us.
18. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Oracle in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Oracle outside the U.S. Neither the services of Oracle nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Applicable Laws
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and Oracle agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
20. Copyright/Trademark
Copyright© 1995, 2010, Oracle and/or its affiliates. All rights reserved.
Oracle and Java are registered trademarks of Oracle and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
For information on use of Oracle trademarks, go here.
For information on making claims of copyright infringement, go here.
21. Contact Information
If you have any questions regarding these Terms of Use, please contact Oracle at trademar_us@oracle.com. If you have any other questions, contact information is available at the Contact Oracle page on the Site.
Our books are here to help you get your job done. In general, you may use the
code in our books in your programs and documentation. You do not need to contact
us for permission unless you're reproducing a significant portion of the code.
For example, writing a program that uses several chunks of code from our books
does not require permission. Answering a question by citing our books and
quoting example code does not require permission. On the other hand, selling or
distributing a CD-ROM of examples from O'Reilly books does require permission.
Incorporating a significant amount of example code from our books into your
product's documentation does require permission.
We appreciate, but do not require, attribution. An attribution usually includes
the title, author, publisher, and ISBN.
If you think your use of code examples falls outside fair use or the permission
given here, feel free to contact us at permissions@oreilly.com.
End User License Agreement
This Open Source Maintenance Fee Agreement ("Agreement") is a legal agreement
between you ("User") and <PROJECTNAME> ("Project") for the use of
<SOFTWARENAME> ("Software"), an open source software project licensed under
the <OSILICENSE> ("OSI License"), an OSI-approved open source license.
Project offers a Binary Release of the Software to Users in exchange for a
maintenance fee ("Fee"). "Binary Release" refers to pre-compiled executable
versions of the Software provided by Project. By accessing or using the
Binary Release, User agrees to be bound by the terms of this Agreement.
1. Applicability
Project agrees to provide User with the Binary Release in exchange for the
Fees outlined in Section 2, subject to the terms of this Agreement. The Fee
applies only to Users that generate revenue by the Software.
Non-revenue-generating use of the Software is exempt from this Fee. In
addition, Users who pay separate support and/or maintenance fees to the
maintainers of the Software are exempt from the Fee outlined in this
Agreement. This distinction ensures that duplicate fees are not imposed,
promoting fairness and consistency while respecting alternative support
arrangements.
2. Monthly Fee and Payment Terms
Revenue-generating Users required to pay the Fee shall follow the payment
terms set forth by the Project. Failure to comply with these terms may result
in suspending access to the Binary Release. However, this does not restrict
the User from obtaining or redistributing binaries from other sources or
self-compiling them.
3. Nature of the Fee
The Fee is not a license fee. The Software's source code is licensed to User
under the OSI License and remains freely distributable under the terms of the
OSI License and any applicable open-source licenses.
4. Conflicts with OSI License
To the extent any term of this Agreement conflicts with User's rights
under the OSI License regarding the Software, the OSI License shall govern.
This Agreement applies only to the Binary Release and does not limit User's
ability to access, modify, or distribute the Software's source code or
self-compiled binaries. User may independently compile binaries from the
Software's source code without this Agreement, subject to OSI License terms.
User may redistribute the Binary Release received under this Agreement,
provided such redistribution complies with the OSI License (e.g., including
copyright and permission notices). This Agreement imposes no additional
restrictions on such rights.
5. Disclaimer of Warranty and Limitation of Liability
THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
# Bitcaster Source License, Version 1.1, Apache 2.0 Future License
## Abbreviation
OS4D-1.1-Apache-2.0
## Terms and Conditions
### Licensor ("We")
The party offering the Software under these Terms and Conditions.
### The Software
The "Software" is each version of the software that we make available under
these Terms and Conditions, as indicated by our inclusion of these Terms and
Conditions with the Software.
### License Grant
Subject to your compliance with this License Grant and the Patents,
Redistribution and Trademark clauses below, we hereby grant you the right to
use, copy, modify, create derivative works, publicly perform, publicly display
and redistribute the Software for any Permitted Purpose identified below.
### Permitted Purpose
A Permitted Purpose is any purpose other than a Competing Use. A Competing Use
means making the Software available to others in a commercial product or
service that:
1. substitutes for the Software;
2. substitutes for any other product or service we offer using the Software
that exists as of the date we make the Software available; or
3. offers the same or substantially similar functionality as the Software.
Permitted Purposes specifically include using the Software:
1. for your internal use and access;
2. for non-commercial education;
3. for non-commercial research; and
4. in connection with professional services that you provide to a licensee
using the Software in accordance with these Terms and Conditions.
### Patents
To the extent your use for a Permitted Purpose would necessarily infringe our
patents, the license grant above includes a license under our patents. If you
make a claim against any party that the Software infringes or contributes to
the infringement of any patent, then your patent license to the Software ends
immediately.
### Redistribution
The Terms and Conditions apply to all copies, modifications and derivatives of
the Software.
If you redistribute any copies, modifications or derivatives of the Software,
you must include a copy of or a link to these Terms and Conditions and not
remove any copyright notices provided in or with the Software.
### Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE
SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
### Trademarks
Except for displaying the License Details and identifying us as the origin of
the Software, you have no right under these Terms and Conditions to use our
trademarks, trade names, service marks or product names.
## Grant of Future License
We hereby irrevocably grant you an additional license to use the Software under
the Apache License, Version 2.0 that is effective on the fifth anniversary of
the date we make the Software available. On or after that date, you may use the
Software under the Apache License, Version 2.0, in which case the following
will apply:
Licensed under the Apache License, Version 2.0 (the "License"); you may not use
this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed
under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the
specific language governing permissions and limitations under the License.
OSET Public License
(c) 2015 ALL RIGHTS RESERVED VERSION 2.1
THIS LICENSE DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION, AND REDISTRIBUTION OF CERTAIN COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY RELEASED BY THE OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION (FORMERLY "THE OSDV FOUNDATION"). ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR REDISTRIBUTES THE COVERED SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION, ACCEPTING IN FULL THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, YOU ARE NOT PERMITTED TO USE THE COVERED SOFTWARE.
This license was prepared based on the Mozilla Public License ("MPL"), version 2.0. For annotation of the differences between this license and MPL 2.0, please see the OSET Foundation web site at www.OSETFoundation.org/public-license.
The text of the license begins here:
1. Definitions
1.1 "Contributor" means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.
1.2 "Contributor Version" means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.
1.3 "Contribution" means Covered Software of a particular Contributor.
1.4 "Covered Software" means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.
1.5 "Incompatible With Secondary Licenses" means: a. That the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or b. that the Covered Software was made available under the terms of version 1.x or earlier of the License, but not also under the terms of a Secondary License.
1.6 "Executable Form" means any form of the work other than Source Code Form.
1.7 "Larger Work" means a work that combines Covered Software with other material, in a separate file (or files) that is not Covered Software.
1.8 "License" means this document.
1.9 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.
1.10 "Modifications" means any of the following: a. any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or b. any new file in Source Code Form that contains any Covered Software.
1.11 "Patent Claims" of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.
1.12 "Secondary License" means one of: the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.
1.13 "Source Code Form" means the form of the work preferred for making modifications.
1.14 "You" (or "Your") means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means: (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants and Conditions
2.1 Grants Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: a. under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and b. under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.
2.2 Effective Date The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.
2.3 Limitations on Grant Scope The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor: a. for any code that a Contributor has removed from Covered Software; or b. for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or c. under Patent Claims infringed by Covered Software in the absence of its Contributions. This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).
2.4 Subsequent Licenses No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).
2.5 Representation Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.
2.6 Fair Use This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
2.7 Conditions Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.
3. Responsibilities
3.1 Distribution of Source Form All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You must cause any of Your Modifications to carry prominent notices stating that You changed the files. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.
3.2 Distribution of Executable Form If You distribute Covered Software in Executable Form then:
a. such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and b. You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License.
3.3 Distribution of a Larger Work You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).
3.4 Notices You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
3.5 Application of Additional Terms
3.5.1 You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.
3.5.2 You may place additional conditions upon the rights granted in this License to the extent necessary due to statute, judicial order, regulation (including without limitation state and federal procurement regulation), national security, or public interest. Any such additional conditions must be clearly described in the notice provisions required under Section 3.4. Any alteration of the terms of this License will apply to all copies of the Covered Software distributed by You or by any downstream recipients that receive the Covered Software from You.
4. Inability to Comply Due to Statute or Regulation If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation, then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the notices required under Section 3.4. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Termination
5.1 Failure to Comply The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60-days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30-days after Your receipt of the notice.
5.2 Patent Infringement Claims If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
5.3 Additional Compliance Terms Notwithstanding the foregoing in this Section 5, for purposes of this Section, if You breach Section 3.1 (Distribution of Source Form), Section 3.2 (Distribution of Executable Form), Section 3.3 (Distribution of a Larger Work), or Section 3.4 (Notices), then becoming compliant as described in Section 5.1 must also include, no later than 30 days after receipt by You of notice of such violation by a Contributor, making the Covered Software available in Source Code Form as required by this License on a publicly available computer network for a period of no less than three (3) years.
5.4 Contributor Remedies If You fail to comply with the terms of this License and do not thereafter become compliant in accordance with Section 5.1 and, if applicable, Section 5.3, then each Contributor reserves its right, in addition to any other rights it may have in law or in equity, to bring an action seeking injunctive relief, or damages for willful copyright or patent infringement (including without limitation damages for unjust enrichment, where available under law), for all actions in violation of rights that would otherwise have been granted under the terms of this License.
5.5 End User License Agreements In the event of termination under this Section 5, all end user license agreements (excluding distributors and resellers), which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.
6. Disclaimer of Warranty Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.
7. Limitation of Liability Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
8. Litigation Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.
9. Government Terms
9.1 Commercial Item The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein.
9.2 No Sovereign Immunity The U.S. federal government and states that use or distribute Covered Software hereby waive their sovereign immunity with respect to enforcement of the provisions of this License.
9.3 Choice of Law and Venue
9.3.1 If You are a government of a state of the United States, or Your use of the Covered Software is pursuant to a procurement contract with such a state government, this License shall be governed by the law of such state, excluding its conflict-of-law provisions, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the state and federal courts located in such state.
9.3.2 If You are an agency of the United States federal government, or Your use of the Covered Software is pursuant to a procurement contract with such an agency, this License shall be governed by federal law for all purposes, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the federal courts located in Washington, D.C.
9.3.3 You may alter the terms of this Section 9.3 for this License as described in Section 3.5.2.
9.4 Supremacy This Section 9 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation, or other clause or provision that addresses government rights in computer software under this License.
10. Miscellaneous This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not be used to construe this License against a Contributor.
11. Versions of the License
11.1 New Versions The Open Source Election Technology Foundation ("OSET") (formerly known as the Open Source Digital Voting Foundation) is the steward of this License. Except as provided in Section 11.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
11.2 Effects of New Versions You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.
11.3 Modified Versions If You create software not governed by this License, and You want to create a new license for such software, You may create and use a modified version of this License if You rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
11.4 Distributing Source Code Form That is Incompatible With Secondary Licenses If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.
EXHIBIT A – Source Code Form License Notice
This Source Code Form is subject to the terms of the OSET Public License, v.2.1 ("OSET-PL-2.1"). If a copy of the OPL was not distributed with this file, You can obtain one at: www.OSETFoundation.org/public-license.
If it is not possible or desirable to put the Notice in a particular file, then You may include the Notice in a location (e.g., such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice. You may add additional accurate notices of copyright ownership.
EXHIBIT B - "Incompatible With Secondary License" Notice
This Source Code Form is "Incompatible With Secondary Licenses", as defined by the OSET Public License, v.2.1.
OSET Public License
(c) 2015 ALL RIGHTS RESERVED VERSION 2.1
THIS LICENSE DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION, AND REDISTRIBUTION OF CERTAIN COVERED SOFTWARE (AS DEFINED BELOW) ORIGINALLY RELEASED BY THE OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION (FORMERLY "THE OSDV FOUNDATION"). ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES, OR REDISTRIBUTES THE COVERED SOFTWARE, OR ANY PART THEREOF, IS BY THAT ACTION, ACCEPTING IN FULL THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, YOU ARE NOT PERMITTED TO USE THE COVERED SOFTWARE.
This license was prepared based on the Mozilla Public License ("MPL"), version 2.0. For annotation of the differences between this license and MPL 2.0, please see the OSET Foundation web site at www.OSETFoundation.org/public-license.
The text of the license begins here:
1. Definitions
1.1 "Contributor" means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.
1.2 "Contributor Version" means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.
1.3 "Contribution" means Covered Software of a particular Contributor.
1.4 "Covered Software" means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.
1.5 "Incompatible With Secondary Licenses" means: a. That the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or b. that the Covered Software was made available under the terms of version 1.x or earlier of the License, but not also under the terms of a Secondary License.
1.6 "Executable Form" means any form of the work other than Source Code Form.
1.7 "Larger Work" means a work that combines Covered Software with other material, in a separate file (or files) that is not Covered Software.
1.8 "License" means this document.
1.9 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.
1.10 "Modifications" means any of the following: a. any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or b. any new file in Source Code Form that contains any Covered Software.
1.11 "Patent Claims" of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.
1.12 "Secondary License" means one of: the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.
1.13 "Source Code Form" means the form of the work preferred for making modifications.
1.14 "You" (or "Your") means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means: (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants and Conditions
2.1 Grants Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: a. under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and b. under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.
2.2 Effective Date The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.
2.3 Limitations on Grant Scope The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor: a. for any code that a Contributor has removed from Covered Software; or b. for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or c. under Patent Claims infringed by Covered Software in the absence of its Contributions. This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).
2.4 Subsequent Licenses No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).
2.5 Representation Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.
2.6 Fair Use This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
2.7 Conditions Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.
3. Responsibilities
3.1 Distribution of Source Form All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You must cause any of Your Modifications to carry prominent notices stating that You changed the files. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.
3.2 Distribution of Executable Form If You distribute Covered Software in Executable Form then:
a. such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and b. You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License.
3.3 Distribution of a Larger Work You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).
3.4 Notices You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
3.5 Application of Additional Terms
3.5.1 You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.
3.5.2 You may place additional conditions upon the rights granted in this License to the extent necessary due to statute, judicial order, regulation (including without limitation state and federal procurement regulation), national security, or public interest. Any such additional conditions must be clearly described in the notice provisions required under Section 3.4. Any alteration of the terms of this License will apply to all copies of the Covered Software distributed by You or by any downstream recipients that receive the Covered Software from You.
4. Inability to Comply Due to Statute or Regulation If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation, then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the notices required under Section 3.4. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Termination
5.1 Failure to Comply The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60-days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30-days after Your receipt of the notice.
5.2 Patent Infringement Claims If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
5.3 Additional Compliance Terms Notwithstanding the foregoing in this Section 5, for purposes of this Section, if You breach Section 3.1 (Distribution of Source Form), Section 3.2 (Distribution of Executable Form), Section 3.3 (Distribution of a Larger Work), or Section 3.4 (Notices), then becoming compliant as described in Section 5.1 must also include, no later than 30 days after receipt by You of notice of such violation by a Contributor, making the Covered Software available in Source Code Form as required by this License on a publicly available computer network for a period of no less than three (3) years.
5.4 Contributor Remedies If You fail to comply with the terms of this License and do not thereafter become compliant in accordance with Section 5.1 and, if applicable, Section 5.3, then each Contributor reserves its right, in addition to any other rights it may have in law or in equity, to bring an action seeking injunctive relief, or damages for willful copyright or patent infringement (including without limitation damages for unjust enrichment, where available under law), for all actions in violation of rights that would otherwise have been granted under the terms of this License.
5.5 End User License Agreements In the event of termination under this Section 5, all end user license agreements (excluding distributors and resellers), which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.
6. Disclaimer of Warranty Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer.
7. Limitation of Liability Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
8. Litigation Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.
9. Government Terms
9.1 Commercial Item The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein.
9.2 No Sovereign Immunity The U.S. federal government and states that use or distribute Covered Software hereby waive their sovereign immunity with respect to enforcement of the provisions of this License.
9.3 Choice of Law and Venue
9.3.1 If You are a government of a state of the United States, or Your use of the Covered Software is pursuant to a procurement contract with such a state government, this License shall be governed by the law of such state, excluding its conflict-of-law provisions, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the state and federal courts located in such state.
9.3.2 If You are an agency of the United States federal government, or Your use of the Covered Software is pursuant to a procurement contract with such an agency, this License shall be governed by federal law for all purposes, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the federal courts located in Washington, D.C.
9.3.3 You may alter the terms of this Section 9.3 for this License as described in Section 3.5.2.
9.4 Supremacy This Section 9 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation, or other clause or provision that addresses government rights in computer software under this License.
10. Miscellaneous This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not be used to construe this License against a Contributor.
11. Versions of the License
11.1 New Versions The Open Source Election Technology Foundation ("OSET") (formerly known as the Open Source Digital Voting Foundation) is the steward of this License. Except as provided in Section 11.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
11.2 Effects of New Versions You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.
11.3 Modified Versions If You create software not governed by this License, and You want to create a new license for such software, You may create and use a modified version of this License if You rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
11.4 Distributing Source Code Form That is Incompatible With Secondary Licenses If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.
EXHIBIT A – Source Code Form License Notice
This Source Code Form is subject to the terms of the OSET Public License, v.2.1 ("OSET-PL-2.1"). If a copy of the OPL was not distributed with this file, You can obtain one at: www.OSETFoundation.org/public-license.
If it is not possible or desirable to put the Notice in a particular file, then You may include the Notice in a location (e.g., such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice. You may add additional accurate notices of copyright ownership.
EXHIBIT B - "Incompatible With Secondary License" Notice
This Source Code Form is "Incompatible With Secondary Licenses", as defined by the OSET Public License, v.2.1.
To anyone who acknowledges that this file is provided "AS IS"
without any express or implied warranty:
permission to use, copy, modify, and distribute this file
for any purpose is hereby granted without fee,
provided that the above copyright notices and
this notice appears in all source code copies,
and that none of the names of {copyright holders}
be used in advertising or publicity pertaining to distribution
of the software without specific, written prior permission.
Neither {copyright holders} makes
any representations about the suitability of
this software for any purpose.
OSGi Specification License, Version 2.0.
License Grant
OSGi Alliance ("OSGi") hereby grants you a fully-paid, non-exclusive, non-
transferable, worldwide, limited license (without the right to sublicense),
under OSGi’s applicable intellectual property rights to view, download, and
reproduce this OSGi Specification ("Specification") which follows this License
Agreement ("Agreement"). You are not authorized to create any derivative work of
the Specification. However, to the extent that an implementation of the
Specification would necessarily be a derivative work of the Specification, OSGi
also grants you a perpetual, non-exclusive, worldwide, fully paid-up, royalty
free, limited license (without the right to sublicense) under any applicable
copyrights, to create and/or distribute an implementation of the Specification
that: (i) fully implements the Specification including all its required
interfaces and functionality; (ii) does not modify, subset, superset or
otherwise extend the OSGi Name Space, or include any public or protected
packages, classes, Java interfaces, fields or methods within the OSGi Name Space
other than those required and authorized by the Specification. An implementation
that does not satisfy limitations (i)-(ii) is not considered an implementation
of the Specification, does not receive the benefits of this license, and must
not be described as an implementation of the Specification. An implementation of
the Specification must not claim to be a compliant implementation of the
Specification unless it passes the OSGi Compliance Tests for the Specification
in accordance with OSGi processes. "OSGi Name Space" shall mean the public class
or interface declarations whose names begin with "org.osgi" or any recognized
successors or replacements thereof.
OSGi Participants (as such term is defined in the OSGi Intellectual Property
Rights Policy) have made non-assert and licensing commitments regarding patent
claims necessary to implement the Specification, if any, under the OSGi
Intellectual Property Rights Policy which is available for examination on the
OSGi public web site (www.osgi.org).
No Warranties and Limitation of Liability
THE SPECIFICATION IS PROVIDED "AS IS," AND OSGi AND ANY OTHER AUTHORS MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR TITLE; THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR
ANY PURPOSE; NOR THAT THE IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY
THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. OSGi AND ANY OTHER
AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SPECIFICATION OR THE
PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
Covenant Not to Assert
As a material condition to this license you hereby agree, to the extent that you
have any patent claims which are necessarily infringed by an implementation of
the Specification, not to assert any such patent claims against the creation,
distribution or use of an implementation of the Specification.
General
The name and trademarks of OSGi or any other Authors may NOT be used in any
manner, including advertising or publicity pertaining to the Specification or
its contents without specific, written prior permission. Title to copyright in
the Specification will at all times remain with OSGi.
No other rights are granted by implication, estoppel or otherwise.
Open Software License, v 1.0
The Open Software License
v. 1.0
This Open Software License (the "License") applies to any original
work of authorship (the "Original Work") whose owner (the "Licensor")
has placed the following notice immediately following the copyright
notice for the Original Work: "Licensed under the Open Software
License version 1.0"
License Terms
1) Grant of Copyright License. Licensor hereby grants You a
world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable
license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the
Original Work;
c) to distribute copies of the Original Work and Derivative Works
to the public, with the proviso that copies of Original Work or
Derivative Works that You distribute shall be licensed under the
Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, non-sublicenseable license,
under patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor ("Licensed
Claims") to make, use, sell and offer for sale the Original Work.
Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
perpetual, non-sublicenseable license under the Licensed Claims to
make, use, sell and offer for sale Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the
preferred form of the Original Work for making modifications to it and
all available documentation describing how to access and modify the
Original Work. Licensor hereby agrees to provide a machine-readable
copy of the Source Code of the Original Work along with each copy of
the Original Work that Licensor distributes. Licensor reserves the
right to satisfy this obligation by placing a machine-readable copy of
the Source Code in an information repository reasonably calculated to
permit inexpensive and convenient access by You for as long as
Licensor continues to distribute the Original Work, and by publishing
the address of that information repository in a notice immediately
following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor except as
expressly stated herein. No patent license is granted to make, use,
sell or offer to sell embodiments of any patent claims other than the
Licensed Claims defined in Section 2. No right is granted to the
trademarks of Licensor even if such marks are included in the Original
Work. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under different terms from this License any
Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use
or distribution of the Original Work or Derivative Works in any way
such that the Original Work or Derivative Works may be accessed or
used by anyone other than You, whether the Original Work or Derivative
Works are distributed to those persons, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You. As an express condition for the grants of license hereunder, You
agree that any External Deployment by You shall be deemed a
distribution and shall be licensed to all under the terms of this
License, as prescribed in section 1(c) herein.
6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE
COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT
THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT
LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE
IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF
THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS
GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING
AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
8) Acceptance and Termination. Nothing else but this License (or
another written agreement between Licensor and You) grants You
permission to create Derivative Works based upon the Original Work,
and any attempt to do so except under the terms of this License (or
another written agreement between Licensor and You) is expressly
prohibited by U.S. copyright law, the equivalent laws of other
countries, and by international treaty. Therefore, by exercising any
of the rights granted to You in Sections 1 and 2 herein, You indicate
Your acceptance of this License and all of its terms and conditions.
This license shall terminate immediately and you may no longer
exercise any of the rights granted to You by this License upon Your
failure to honor the proviso in Section 1(c) herein.
9) Mutual Termination for Patent Action. This License shall terminate
automatically and You may no longer exercise any of the rights granted
to You by this License if You file a lawsuit in any court alleging
that any OSI Certified open source software that is licensed under any
license containing this "Mutual Termination for Patent Action" clause
infringes any patent claims that are essential to use that software.
10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
arising under or relating to this License shall be maintained in the
courts of the jurisdiction wherein the Licensor resides or in which
Licensor conducts its primary business, and under the laws of that
jurisdiction excluding its conflict-of-law provisions. The application
of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any use of the Original Work
outside the scope of this License or after its termination shall be
subject to the requirements and penalties of the U.S. Copyright Act,
17 U.S.C. § 101 et seq., the equivalent laws of other countries, and
international treaty. This section shall survive the termination of
this License.
11) Attorneys Fees. In any action to enforce the terms of this License
or seeking damages relating thereto, the prevailing party shall be
entitled to recover its costs and expenses, including, without
limitation, reasonable attorneys' fees and costs incurred in
connection with such action, including any appeal of such action. This
section shall survive the termination of this License.
12) Miscellaneous. This License represents the complete agreement
concerning the subject matter hereof. If any provision of this License
is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable.
13) Definition of "You" in This License. "You" throughout this
License, whether in upper or lower case, means an individual or a
legal entity exercising rights under, and complying with all of the
terms of, this License. For legal entities, "You" includes any entity
that controls, is controlled by, or is under common control with you.
For purposes of this definition, "control" means (i) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (ii) ownership of fifty percent
(50%) or more of the outstanding shares, or (iii) beneficial ownership
of such entity.
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights
reserved. Permission is hereby granted to copy and distribute this
license without modification. This license may not be modified without
the express written permission of its copyright owner.
The Open Software License v. 1.1
This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
Licensed under the Open Software License version 1.1
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
c) to distribute copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims to make, use, sell and offer for sale Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the Licensed Claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons or made available as an application intended for use over a computer network. As an express condition for the grants of license hereunder, You agree that any External Deployment by You of a Derivative Work shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein.
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work is owned by the Licensor or that the Original Work is distributed by Licensor under a valid current license from the copyright owner. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express and volitional assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Sections 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Sections 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. This License shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein.
10) Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License if You file a lawsuit in any court alleging that any OSI Certified open source software that is licensed under any license containing this "Mutual Termination for Patent Action" clause infringes any patent claims that are essential to use that software.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. å¤ 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Open Software License v. 2.0
This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
Licensed under the Open Software License version 2.0
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
c) to distribute copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons or made available as an application intended for use over a computer network. As an express condition for the grants of license hereunder, You agree that any External Deployment by You of a Derivative Work shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein.
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. This License shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, for patent infringement (i) against Licensor with respect to a patent applicable to software or (ii) against any entity with respect to a patent applicable to the Original Work (but excluding combinations of the Original Work with other software or hardware).
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Open Software License v. 2.1
This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
Licensed under the Open Software License version 2.1
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
* to reproduce the Original Work in copies;
* to prepare derivative works ("Derivative Works") based upon the Original Work;
* to distribute copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License;
* to perform the Original Work publicly; and
* to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons or made available as an application intended for use over a computer network. As an express condition for the grants of license hereunder, You agree that any External Deployment by You of a Derivative Work shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein.
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. This License shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Open Software License ("OSL") v. 3.0
This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
Licensed under the Open Software License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute or communicate shall be licensed under this Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Open Software License" or "OSL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process.
OPEN SOURCE SOCIAL NETWORK LICENSE (OSSN LICENSE) v3.0
Copyright (C) 2014-2017 OPEN SOURCE SOCIAL NETWORK. <https://www.opensource-socialnetwork.org/>
The Open Source Social Network License does not permit incorporating your program/software into proprietary program/software.
Permission is hereby granted, free of charge, to any person obtaining a copy of this Program/Software and associated documentation files (the "Program/Software"), to deal in the Program/Software with restriction, including limitation the rights to use, copy, modify, distribute, or sell copies of the Program/Software.
1. Definitions
"Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.
"You" refers to the individual/organization that uses the program/software.
2. Modifying, copy, distribution/selling of Program.
2.1 You are allowed to modify the program/software subject to the following conditions:
2.1.0 You shall not remove the copyrights including powered by notice/links.
2.1.1 You shall not try to apply any techniques that hides copyright, 'powered by' notice/links.
2.2 You are allowed to distribute/sell the copies of product keeping the section 2.1 in mind.
3. Other 3rd party open source program/software
Some of other open source program/software within this program/software released under different license like GPL, LGPL, MIT etc, you shall agree to the respective license. We tried to put the license name in the comment section of respective file or sub-program/software.
4. Violation and Termination of License.
If your use of program/software violates the license, the license and the use of program/software shall terminated immediately.
5. Revised Versions of this License.
The Open Source Social Network Authors may publish revised and/or new versions of the Open Source Social Network License from time to time. Such new versions will be similar to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number.
6. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Interpretation of Sections 6 and 7
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
Open Sourced Vulnerability Database (OSVDB) License
By using this website, including, without limitation copying any content, you agree to the following terms:
This is the Open Sourced Vulnerability Database (OSVDB) License which is operated under the Open Security Foundation (OSF), a 501(c)(3) not-for-profit entity. This license, where applicable, covers all OSVDB data that is distributed via any means, including the web site, API, email, or data exports (e.g. CSV, SQLite, XML, etc.) under the OSVDB license provisions. This License is subject to change without notice.
License Terms
1. All material is Copyright, Open Security Foundation (OSF) / Open Sourced Vulnerability Database (OSVDB). All Rights Reserved.
2. The OSVDB contains contributions made by many individuals on behalf of OSF and OSVDB, both voluntarily and commercially retained, based on published vulnerability information. All contributions made by volunteers become the property of OSF / OSVDB.
3. If the OSVDB is the basis of, or integrated with in any manner a commercially available product or service you MUST notify OSVDB by providing details on the usage and reach a licensing agreement prior to usage. This includes using OSVDB data in security products, security services, generating vulnerability statistics/ metrics, funded academic research, or any form of analytics used in a commercial manner (including 'free' reports used for marketing). Usage requests can be submitted for approval to officers[at]opensecurityfoundation.org. Use of OSVDB in a non-profit or educational organization, in the same manners listed prior requires explicit permission from OSF, and may require licensing.
4. Obtaining data from this website in a programmatic fashion (e.g. scraping via enumeration, web robot, crawler, etc) is prohibited. Such activity is likely to trigger security software that will permanently block your IP from accessing the site.
5. OSVDB must be given required credit if the data is used in any manner, both non-profit or commercially (see #3). The credit requirements are as follows:
OSVDB must be referenced as the data source in documentation, and
OSVDB must be referenced as the data source in any stored output such as reports, and
OSVDB must be referenced as the data source during the program's execution in one of the following ways:
displayed on screen while program is running, or
displayed on screen in "About" window, or
displayed on screen at end of program termination (command line tool only), or
displayed on screen during program help display (command line tool only).
6. Areas that require reference to the OSVDB as described in section 4 must display the following acknowledgement: "This product includes data from the Open Sourced Vulnerability Database (OSVDB.org) developed by the Open Security Foundation (OSF) and its partners."
7. If you wish to re-brand the OSVDB without meeting the requirements of Section 4, you must secure permission and agree to an alternate commercial license. Contact officers@opensecurityfoundation.org for additional information. Linking to http://osvdb.org/ in any fashion is permitted and encouraged, and does not require any form of license.
8. Redistribution of the OSVDB can only be done under commercial license, with explicit permission by OSF or their commercial partners, and must retain this entire license document whether it is packaged in a distribution, posted on a website, or any other distribution method, unless explicitly stated otherwise in a licensing agreement.
9. NON TRANSFERABILITY: This License is non-transferable. This means that it applies to you and your company, not the people you distribute the product to in any fashion (e.g., customers or users). Customers or users are subject to the original OSVDB License and Copyright and must retain permission or their own license agreement for further redistribution.
10. CONTRIBUTIONS & MODIFICATIONS. OSVDB recognizes the huge benefit in open-source collaboration. OSVDB has gone to great pains to allow the OSVDB data to be used freely, up to a point, while retaining the right to ensure the proper credit is given the project and licensed accordingly. OSVDB believes the copyright and this license together represent a compromise heavily weighted to the benefit of the open-source community and requests that any entities using the OSVDB should consider becoming supporters of the project by contributing information to the database.
In order for OSVDB to maintain control over the database, it is a condition of the License that any modifications (i.e., edits, deletions, or contributions to the OSVDB) you suggest or submit be unencumbered. This means that any contributions or modifications fall under the license terms defined under OSVDB. Note that OSVDB assumes that any information submitted to us via email or committed by the project participants to be free of any encumbrance and which can be incorporated into our master database solely under our own copyright.
11. Trademarked names appear throughout the OSVDB. Rather than list the names and entities that own the trademarks or insert a trademark symbol with each mention of the trademarked name, the names are used only for editorial purposes and to the benefit of the trademark owner with no intention of infringing upon that trademark.
12. NO WARRANTY: THERE IS NO WARRANTY FOR THE OSVDB, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE OSVDB "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF USE OF THE OSVDB IS WITH YOU. SHOULD THE OSVDB PROVE FAULTY, INACCURATE, OR OTHERWISE UNACCEPTABLE YOU ASSUME THE COST OF ALL NECESSARY REPAIR OR CORRECTION.
13. DISCLAIMER OF LIABILITY: THE OSVDB IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OSVDB, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The database information may change without any notice. Use of the information constitutes acceptance for use in an AS IS condition, and there are NO warranties, implied or otherwise, with regard to this information or its use. Any use of this information is at the user's risk. In no event shall the copyright holder or distributor (OSVDB or OSF) be held liable for any damages whatsoever arising out of or in connection with the use or spread of this information.
© Copyright 2002 - 2016 Open Sourced Vulnerability Database (OSVDB), All Rights Reserved.
http://g.oswego.edu/dl/classes/EDU/oswego/cs/dl/util/concurrent/intro.html
All classes are released to the public domain and may be used for any purpose
whatsoever without permission or acknowledgment. Portions of the CopyOnWriteArrayList
and ConcurrentReaderHashMap classes are adapted from Sun JDK source code. These are
copyright of Sun Microsystems, Inc, and are used with their kind permission, as
described in this license.
http://gee.cs.oswego.edu/dl/classes/EDU/oswego/cs/dl/util/sun-u.c.license.pdf
TECHNOLOGY LICENSE FROM SUN MICROSYSTEMS, INC. TO DOUG LEA
Whereas Doug Lea desires to utlized certain Java Software technologies in the
util.concurrent technology; and Whereas Sun Microsystems, Inc. ("Sun") desires that
Doug Lea utilize certain Java Software technologies in the util.concurrent
technology; Therefore the parties agree as follows, effective May 31, 2002:
"Java Software technologies" means classes/java/util/ArrayList.java, and
classes/java/util/HashMap.java.
The Java Software technologies are Copyright (c) 1994-2000 Sun Microsystems, Inc. All
rights reserved.
Sun hereby grants Doug Lea a non-exclusive, worldwide, non- transferrable license to
use, reproduce, create derivate works of, and distribute the Java Software and
derivative works thereof in source and binary forms as part of a larger work, and to
sublicense the right to use, reproduce and distribute the Java Software and Doug
Lea's derivative works as the part of larger works through multiple tiers of
sublicensees provided that the following conditions are met:
-Neither the name of or trademarks of Sun may be used to endorse or promote products
including or derived from the Java Software technology without specific prior written
permission; and
-Redistributions of source or binary code must contain the above copyright notice,
this notice and and the following disclaimers:
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY
EXCLUDED. SUN MICROSYSTEMS, INC. AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE
SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN MICROSYSTEMS, INC. OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USESOFTWARE, EVEN IF
SUN MICROSYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that Software is not designed,licensed or intended for use in the
design, construction, operation or maintenance of any nuclear facility.
signed [Doug Lea] dated
This component contains third-party subcomponents licensed under
one or more copyleft licenses in the style of GPL, LGPL, MPL or EPL.
The license obligations of these subcomponents may apply when a subcomponent
depending on how the subcomponent is used and/or redistributed.
This component contains multiple third-party subcomponents licensed
under permissive licenses in the style of MIT, BSD, X11, and/or Apache.
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We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept License Agreement" button to confirm your acceptance. If you are not willing to be bound by these terms, select the "Decline License Agreement" button and the registration process will not continue.
LICENSE RIGHTS
We grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing, testing, prototyping and demonstrating your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must obtain a production release version of the program by contacting us or an Oracle reseller to obtain the appropriate license. You acknowledge that we may not produce a production release version of the program and any development efforts undertaken by you are at your own risk. We may audit your use of the programs. Program documentation, if available, may accessed online at http://www.oracle.com/technetwork/documentation/index.html.
Ownership and Restrictions We retain all ownership and intellectual property rights in the programs. The programs may be installed on one computer only, and used by one person in the operating environment identified by us. You may make one copy of the programs for backup purposes.
You may not:
- use the programs for your own internal data processing or for any commercial or production purposes, or use the programs for any purpose except the development of your application;
- use the application you develop with the programs for any internal data processing or commercial or production purposes without securing an appropriate license from us;
- continue to develop your application after you have used it for any internal data processing, commercial or production purpose without securing an appropriate license from us, or an Oracle reseller;
- remove or modify any program markings or any notice of our proprietary rights;
- make the programs available in any manner to any third party;
- use the programs to provide third party training;
- assign this agreement or give or transfer the programs or an interest in them to another individual or entity; - cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html?content.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Trial Programs Included With Orders
We may include additional programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these programs. Any use of these programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs.
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement.
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle programs. For example, you may not develop a software program using an Oracle program and an Open Source program where such use results in a program file(s) that contains code from both the Oracle program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program or any modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 01/24/09
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
Oracle Technology Network Free Developer License Terms
Export Controls on the Programs
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs. You agree that such export control laws govern your use of the Programs (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program, and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
Accordingly, you confirm:
-You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
- You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
- You will not use the Program for, and will not allow the Program to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supersede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
ORACLE TECHNOLOGY NETWORK DEVELOPMENT LICENSE AGREEMENT
"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the Programs from Oracle. "Programs" refers to the software product associated with this agreement that you wish to download and use and program documentation. "Developer Desktop Computer" refers to your physical computer that is accessed and used for software development and testing purposes by only one person (each "Your Developer") and with respect to use of the Programs does not participate in a Shared Development Environment. A Developer Desktop Computer may, for Your Developer's sole use, host one or more multiple virtual machines containing the Programs. "Shared Development Environment" refers to (a) software development occurring in a network or computer infrastructure shared by multiple people; and/or (b) software development occurring on a computer that is not dedicated to use only by Your Developer. "Unit Testing" refers to the testing of sets of one or more computer program modules making up a portion of an application together with control data, usage procedures, and operating procedures to determine if such computer program module(s) meet operation objectives. "License" refers to your right to use the Programs under the terms of this agreement.
This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the Programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept License Agreement" button to confirm your acceptance. If you are not willing to be bound by these terms, select the "Decline License Agreement" button and the registration process will not continue.
License Rights
We grant you a nonexclusive, nontransferable limited license to use the Programs only for the purpose of developing, testing (including Unit Testing with production data), prototyping and demonstrating your application(s), and not for any other purpose. This license permits you to allow each of Your Developers to deploy the Programs on one Developer Desktop Computer. You may not use the Programs in a Shared Development Environment. For deployment of the application(s) you develop under this license for any internal data processing or for any commercial or production purposes, or if you want to use the Programs for any purpose other than as permitted under this agreement, you must first obtain a production release version of the Programs by contacting us or an Oracle reseller to obtain the appropriate license. You may continue to develop, test, prototype and demonstrate your application(s) with the Programs under this license after you have deployed the application(s) for any internal data processing, commercial or production purposes (subject to the requirement to procure a production release version of the Programs as described in the preceding sentence). You acknowledge that we may not produce a production release version of the program and any development efforts undertaken by you are at your own risk. We may audit your use of the Programs. Program documentation, if available, may be accessed online at http://www.oracle.com/technetwork/indexes/documentation/index.html. We reserve all rights not expressly granted in this agreement.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Programs. For each of Your Developers, the Programs may be installed on one Developer Desktop Computer only, and used by Your Developer in the operating environment identified by us. You may make one copy of the Programs for backup purposes. You are responsible for each of Your Developer’s compliance with this agreement.
You may not:
- use the Programs for your own internal data processing or for any commercial or production purposes, or use the Programs for any purpose except the development, testing, prototyping, and demonstrating of your application(s);
- use the application(s) you develop with the Programs for any internal data processing or commercial or production purposes , including testing or running production or commercial workloads on the developer desktop, without obtaining an appropriate license from us;
- remove or modify any program markings or any notice of our proprietary rights;
- make the Programs available in any manner to any third party;
- use the Programs to provide third party training;
- assign this agreement or give or transfer the Programs or an interest in them to another individual or entity; - cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs;
- disclose results of any program benchmark tests without our prior consent.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Trial Programs Included With Orders
We may include additional Programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these Programs. Any use of these Programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these Programs.
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the Programs licensed under this agreement.
End of Agreement
You may terminate this agreement by destroying all copies of the Programs. We have the right to terminate your right to use the Programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the Programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the Programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Oracle Programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle Programs. For example, you may not develop a software program using the Oracle Programs and an Open Source program where such use results in a program file(s) that contains code from both the Oracle Programs and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle Programs with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program or any modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the Programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 11 July 2014
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
Oracle Technology Network License Agreement
Oracle is willing to authorize Your access to software associated with this License Agreement ("Agreement") only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the "Accept License Agreement" button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the "Accept License Agreement" button or box (or the equivalent) and do not download or access the software.
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an "Entity") accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. "Contractors" refers to Your agents and contractors (including, without limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. "Program Documentation" refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. "Associated Product" refers to the Oracle product(s), if any, and as identified in the Programs documentation or on the Programs download site, with which the Programs are intended to enable or enhance interoperation with Your application(s). "Separate Terms" refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. "Separately Licensed Third Party Technology" refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
License Rights and Restrictions
Oracle grants You a nonexclusive, nontransferable, limited license to, subject to the restrictions stated in this Agreement, (a) internally use the Programs solely for the purposes of developing, testing, prototyping and demonstrating Your applications, and running the Programs for Your own internal business operations; and (b) redistribute unmodified Programs and Programs Documentation pursuant to the Programs Redistribution section below. You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of the Programs for backup purposes.
Further, You may not:
remove or modify any Program markings or any notice of Oracle’s or a licensor’s proprietary rights;
use the Programs to provide third party training;
assign this Agreement or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in this Agreement (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and
disclose results of any Program benchmark tests without Oracle’s prior consent.
The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Programs license under a separate agreement permitting such use. However, You acknowledge that the Programs may not be intended for production use and/or Oracle may not make a version of the Programs available for production or other purposes; any development or other work You undertake with the Programs is at Your sole risk.
Programs Redistribution
We grant You a nonexclusive, nontransferable right to copy and distribute unmodified Programs and Programs Documentation as part of and included in Your application that is intended to interoperate with the Associated Product, if any, provided that You do not charge Your end users any additional fees for the use of the Programs. Prior to distributing the Programs and Programs Documentation, You shall require Your end users to execute an agreement binding them to terms, with respect to the Programs and Programs Documentation, materially consistent and no less restrictive than those contained in this section and the sections of this Agreement entitled "License Rights" (except that the redistribution right granted to You shall not be included; Your end users may not distribute Programs and Programs Documentation to any third parties), "Ownership and Restrictions," "Export Controls," "Disclaimer of Warranties and Exclusive Remedies," "No Technical Support" (with respect to Oracle support; You may provide Your own support for Programs at Your discretion), "End of Agreement," "Relationship Between the Parties," "Open Source Software," and "U.S. Government End Users." You must also include a provision stating that Your end users shall have no right to distribute the Programs and Programs Documentation, and a provision specifying us as a third party beneficiary of the agreement. You are responsible for obtaining these agreements with Your end users.
You agree to: (a) defend and indemnify us against all claims and damages caused by Your distribution of the Programs and Programs Documentation in breach of this Agreement and/or failure to include the required contractual provisions in Your end user agreement as stated above; (b) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of Programs distributed; (c) allow us to inspect Your end user agreements and records upon request; and, (d) enforce the terms of Your end user agreements so as to effect a timely cure of any end user breach, and to notify us of any breach of the terms.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Third-Party Technology
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs . You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Information Collection
The Programs’ installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle’s Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .
No Technical Support
Unless Oracle support for the Programs, if any, is expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support, or updates to You for the Programs provided under this Agreement.
Audit; Termination
Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
U.S. Government End Users
Programs and/or Programs Documentation delivered to U.S. Government end users are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the Programs and/or Programs Documentation shall be subject to the license terms and license restrictions set forth in this Agreement. No other rights are granted to the U.S. Government.
Relationship Between the Parties
Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Notices
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: 11 August 2016
Oracle Technology Network Development and Distribution License Terms
http://www.oracle.com/technetwork/licenses/distribution-license-152002.html
Export Controls on the Programs
Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply, now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
-You will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
EXPORT RESTRICTIONS
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle®'s Global Trade Compliance web site (http://www.oracle.com/products/export).
You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
Oracle Technology Network Development and Distribution License Agreement
"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "your" refers to the individual or entity that wishes to use the programs from Oracle. "Programs" refers to the software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept" button at the bottom of the page to confirm your acceptance. If you are not willing to be bound by these terms, select the "Do Not Accept" button and the registration process will not continue.
License Rights
We grant you a nonexclusive, nontransferable limited license to use the programs: (a) for purposes of developing, testing, prototyping and running applications you have developed for your own internal data processing operations; (b) to distribute the programs with applications you have developed to your customers provided that each such licensee agrees to license terms consistent with the terms of this Agreement, you do not charge your end users any additional fees for the use of the programs, and your end users may only use the programs to run your applications for their own business operations; and (c) to use the programs to provide third party demonstrations and training. You are not permitted to use the programs for any purpose other than as permitted under this Agreement. If you want to use the programs for any purpose other than as expressly permitted under this agreement you must contact us, or an Oracle reseller, to obtain the appropriate license. We may audit your use and distribution of the programs. Program documentation is either shipped with the programs, or documentation may accessed online at http://www.oracle.com/technetwork/indexes/documentation/index.html.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a sufficient number of copies of the programs for the licensed use and one copy of the programs for backup purposes.
You may not:
- use the programs for any purpose other than as provided above;
- distribute the programs unless accompanied with your applications;
- charge your end users for use of the programs;
- remove or modify any program markings or any notice of our proprietary rights;
- use the programs to provide third party training on the content and/or functionality of the programs, except for training your licensed users;
- assign this agreement or give the programs, program access or an interest in the programs to any individual or entity except as provided under this agreement;
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent.
Program Distribution
We grant you a nonexclusive, nontransferable right to copy and distribute the programs to your end users provided that you do not charge your end users for use of the programs and provided your end users may only use the programs to run your applications for their business operations. Prior to distributing the programs you shall require your end users to execute an agreement binding them to terms consistent with those contained in this section and the sections of this agreement entitled "License Rights," "Ownership and Restrictions," "Export," "Disclaimer of Warranties and Exclusive Remedies," "No Technical Support," "End of Agreement," "Relationship Between the Parties," and "Open Source." You must also include a provision stating that your end users shall have no right to distribute the programs, and a provision specifying us as a third party beneficiary of the agreement. You are responsible for obtaining these agreements with your end users.
You agree to: (a) defend and indemnify us against all claims and damages caused by your distribution of the programs in breach of this agreements and/or failure to include the required contractual provisions in your end user agreement as stated above; (b) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of programs distributed; (c) allow us to inspect your end user agreements and records upon request; and, (d) enforce the terms of your end user agreements so as to effect a timely cure of any end user breach, and to notify us of any breach of the terms.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html?content.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement.
Restricted Rights
If you distribute a license to the United States government, the programs, including documentation, shall be considered commercial computer software and you will place a legend, in addition to applicable copyright notices, on the documentation, and on the media label, substantially similar to the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the licensing restrictions set forth in the applicable Oracle license agreement. Otherwise, programs delivered subject to the Federal Acquisition Regulations are 'restricted computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted Rights (June 1987). Oracle America, Inc., 500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle programs. For example, you may not develop a software program using an Oracle program and an Open Source program where such use results in a program file(s) that contains code from both the Oracle program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program or any modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 01/24/09
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing and using this OTN software download.
Oracle Technology Network Early Adopter License Agreement for Oracle Solaris
Oracle is willing to authorize Your access to Oracle Solaris pre-GA software under this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the pre-GA Oracle Solaris and any updated versions of such pre-GA software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from https://docs.oracle.com/en/ . “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement. “Supplemental Programs” refer to any supplemental Oracle production software as may be provided by Oracle for operation of the Programs. If included, Supplemental Programs are listed in Exhibit A to this Agreement. Programs and any Supplemental Programs are collectively “Oracle Technology”. "License" refers to Your right to use the Oracle Technology under the terms of this Agreement.
License Rights and Restrictions
Oracle grants You a revocable, nonexclusive, nontransferable, limited license to internally (a) use three (3) copies of the binary portions of the Oracle Technology, subject to the restrictions stated in this Agreement, solely for the purpose of non-production and non-commercial evaluation and testing of the Oracle Technology, including developing no more than a single prototype of each of Your applications; and (b) if provided by Oracle at its sole discretion, view the source code portions of the Programs internally for the purposes of evaluation and testing only. You may allow Your Contractor(s) to use the Oracle Technology , provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Oracle Technology and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Oracle Technology to the extent reasonably necessary to exercise the license rights granted in this Agreement. The Oracle Technology may be installed on three (3) computers only, and used by Your employees or agents in the operating environment identified by Oracle. You may make one copy of the Oracle Technology for backup purposes.
Further, You may not:
remove or modify any Oracle Technology markings or any notice of Oracle’s or a licensor’s proprietary rights;
make the Oracle Technology available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement);
use the Oracle Technology to provide third party training;
assign this Agreement or distribute, give, or transfer the Oracle Technology or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Oracle Technology; and
disclose results of any Oracle Technology benchmark tests without Oracle’s prior consent.
The Oracle Technology may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Oracle Technology or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller valid Oracle Technology licenses under a separate agreement permitting such use. However, You acknowledge that the Oracle Technology may not be intended for production use and/or Oracle may not make a version of the Oracle Technology available for production or other purposes; any development or other work You undertake with the Oracle Technology is at Your sole risk.
You acknowledge that (1) the Programs are not generally available and may have defects, security vulnerabilities, or other deficiencies that may not and/or cannot be corrected by Oracle and are subject to change at Oracle’s sole discretion; and (2) Oracle may not produce a production release version of the Programs and any development efforts undertaken by You are at Your own risk. Oracle may audit Your use of the Oracle Technology.
The Oracle Technology will either be hosted by Oracle or provided to You. In the event that the Oracle Technology are provided to You in a hosted environment, Oracle may provide certain passwords and/or other access information to enable You to access the Oracle Technology. These passwords and/or access information shall be and are Oracle Confidential Information (as further defined below) under the terms of this agreement and shall be used solely for the purpose of accessing the Oracle Technology for the evaluation and testing purposes described above. Any hosted instance of the Oracle Technology is provided as is and without warranty. Oracle makes no assurances that any data loaded into the hosted instance will be secured or that such data will remain confidential. Further, Oracle, at its discretion, (a) may access, monitor, and/or review Your activity and data in the hosted instance, and (b) may delete Your files within the hosted instance. Accordingly, Oracle advises You not to place any personal information or other production data into the hosted instance. You agree to take all reasonable steps to prevent improper or unauthorized access to or use of the Oracle Technology.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Oracle Technology .
Third-Party Technology
The Oracle Technology may contain or require the use of third party technology that is provided with the Oracle Technology. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Oracle Technology and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that you receive from Oracle in binary form that is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to you with the binary, you can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Feedback
”Feedback” shall mean any input provided to Oracle, in any manner, regarding Oracle’s products, documentation and/or services, including changes or suggested changes to Oracle’s current or future products, documentation, and/or services, and benchmark test results. You grant to Oracle a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use Feedback for any purpose, including but not limited to, incorporation of such Feedback into the Oracle Technology or other software products without compensation to You. Any Feedback shall be Oracle Confidential Information. You shall not be identified with Feedback if Oracle provides it to a third party.
Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Oracle Technology . You agree that such export control laws govern Your use of the Oracle Technology (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Oracle Technology or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export the Oracle Technology, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Oracle Technology, directly or indirectly, to persons on the above mentioned lists.
You will not use the Oracle Technology for, and will not allow the Oracle Technology to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Information Collection
The Oracle Technology’s ’ installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Further, the Oracle Technology may collect certain technical information regarding Your use of the Oracle Technology for the purpose of improving the functionality of the Oracle Technology. Except as set forth above with respect to Oracle-hosted instances of the Oracle Technology, Oracle will comply with its Privacy Policy in effect as data collection services are performed, refer to Oracle’s Privacy Policy at http://www.oracle.com/legal/privacy/privacy-policy.html .
Oracle Confidential Information
“Oracle Confidential Information” includes the Software, any information related to the Software, and Feedback. Oracle Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) except for Feedback (defined below), is independently developed by You.
You agree, both during the term of this Agreement and for a period of three years after termination of this Agreement and of all licenses granted hereunder, to hold Oracle Confidential Information in confidence. You agree not to make Oracle’s Confidential Information available in any form to any unauthorized third parties. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by Your employees or agents in violation of the provisions of this Agreement.
Disclaimer of Warranties; Limitation of Liability
THE ORACLE TECHNOLOGY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (USD $1,000) .
No Technical Support
Unless Oracle support for the Oracle Technology, if any, is expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support, or updates to You for the Oracle Technology provided under this Agreement.
Audit; Termination
Oracle may audit Your use of the Oracle Technology. You may terminate this Agreement by destroying all copies of the Oracle Technology. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Oracle Technology.
Relationship Between the Parties
Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Oracle Technology and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Oracle Technology This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Notices
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: 17 January 2018
Oracle Technology Network Early Adopter Development License Agreement
EXPORT CONTROLS
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Oracle Technology. You agree that such export control laws govern your use of the Oracle Technology (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
Accordingly, you confirm:
-You will not download, provide, make available or otherwise export or re-export the Oracle Technology, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
- You will not download or otherwise export or re-export the Oracle Technology, directly or indirectly, to persons on the above mentioned lists.
- You will not use the Oracle Technology for, and will not allow the Oracle Technology to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") Early Adopter Development License Agreement ("OTN License Agreement") terms. The OTN License Agreement terms also apply to all updates You receive under Your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, DOWNLOADING, INSTALLING OR USING THE ORACLE TECHNOLOGY. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE .
Oracle Technology Network Early Adopter Development License Agreement
"Oracle," We," "Us," and "Our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates under common control. "You" and "Your" refers to the individual or entity, for which you are an authorized representative with full authority to enter into this agreement on behalf of, that wishes to use the Programs. "Programs" refers to the pre-production version of the Oracle software product You wish to access and use or download and use, including program documentation, if any. "Supplemental Programs" refer to any supplemental Oracle production software as may be provided by Oracle for operation of the Programs. If included, Supplemental Programs are listed in Exhibit A to this Agreement. Programs and any Supplemental Programs are collectively "Oracle Technology". "License" refers to Your right to use the Oracle Technology under the terms of this license agreement. "Oracle Confidential Information" includes the Software, any information related to the Software and Feedback. Oracle Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) except for Feedback, is independently developed by You. You agree, both during the term of this Agreement and for a period of three years after termination of this Agreement and of all licenses granted hereunder, to hold Oracle’s Confidential Information in confidence. You agree not to make Oracle’s Confidential Information available in any form to any unauthorized third parties. Company agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.
This agreement is governed by California law, except for that body of laws related to the conflict of laws. You agree to submit to the exclusive jurisdiction of, and venue in, the courts located in San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this agreement or the Oracle Technology.
In order to use the Oracle Technology, You must first agree to the license terms below by selecting the "Accept License Agreement" (or the equivalent) button below. If You do not or cannot agree to these license terms, You are not permitted to access, download or use the Oracle Technology.
License Rights
We grant You a revocable, nonexclusive, nontransferable, royalty-free and limited right to (a) use one (1) copy of the binary portions of the Programs and any Supplemental Programs for the sole purpose of internal non-production and non-commercial evaluation and testing of the Programs, including, developing no more than a single prototype of each of Your applications; and (b) if provided by Us at our sole discretion, view the source code portions of the Programs internally for the purposes of evaluation and testing only (collectively, "Authorized Use").
All rights not expressly granted above are hereby reserved. If You want to use the Oracle Technology for any purpose other than as permitted under this agreement, including but not limited to distribution of the Oracle Technology or the application You develop or any use of the Oracle Technology or the application You develop for Your internal business purposes (other than the Authorized Use), You must obtain a valid Oracle license permitting such use.
You acknowledge that (1) the Programs are not generally available and may have defects, security vulnerabilities, or other deficiencies that may not and/or cannot be corrected by Us and are subject to change at Our sole discretion; and (2) We may not produce a production release version of the Programs and any development efforts undertaken by You are at Your own risk. We may audit Your use of the Oracle Technology.
The Oracle Technology will either be hosted by Oracle or provided to You. In the event that the Oracle Technology are provided to You in a hosted environment, Oracle may provide certain passwords and/or other access information to enable You to access the Oracle Technology. These passwords and/or access information shall be and are Oracle Confidential Information under the terms of this agreement and shall be used solely for the purpose of accessing the Oracle Technology for the evaluation and testing purposes described above. Any hosted instance of the Oracle Technology is provided as is and without warranty. Oracle makes no assurances that any data loaded into the hosted instance will be secured or that such data will remain confidential. Further, Oracle, at its discretion, (a) may access, monitor, and/or review Your activity and data in the hosted instance, and (b) may delete Your files within the hosted instance. Accordingly, Oracle advises You not to place any personal information or other production data into the hosted instance. You agree to take all reasonable steps to prevent improper or unauthorized access to or use of the Oracle Technology.
Collection of Information
The Oracle Technology may collect certain technical information regarding Your use of the Oracle Technology for the purpose of improving the functionality of the Oracle Technology. Except as set forth above with respect to Oracle-hosted instances of the Oracle Technology, Oracle will comply with its Privacy Policy in effect as data collection services are performed, which is available at http://www.oracle.com/us/legal/privacy/index.html.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the Oracle Technology. The Oracle Technology may be accessed from the hosted environment or if the Oracle Technology are provided to You, the Oracle Technology may be installed on one computer only, and used by Your employees in the operating environment identified by Us. You may make one copy of the Oracle Technology for backup purposes.
The license grant set forth above is subject to the following additional specific agreements and covenants:
(i) You shall not use the Oracle Technology for training, commercial time-sharing or service bureau use;
(ii) You agree that it will not make copies of the Oracle Technology except for backup purposes;
(iii) You agree not to cause or permit the disassembly, reverse compilation, or reverse engineering of the Oracle Technology, except as otherwise specified by law; and
(iv) You shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from the Oracle Technology.
Feedback
"Feedback" shall mean any input provided to Us, in any manner, regarding Oracle’s products, documentation and/or services, including changes or suggested changes to Oracle’s current or future products, documentation, and/or services, and benchmark test results. You grant to Oracle a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use Feedback for any purpose, including but not limited to, incorporation of such Feedback into the Software or other software products without compensation to You. Any Feedback shall be Oracle Confidential Information. Company shall not be identified with Feedback if Oracle provides it to a third party.
Export
You agree to comply fully with export laws and regulations of the United States and any other applicable export laws ("Export Laws") to assure that neither the Software, Confidential Information nor any direct product thereof are: (1) exported, directly or indirectly, in violation of this Agreement or Export Laws; or (2) used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
Disclaimer of Warranty and Exclusive Remedies
THE ORACLE TECHNOLOGY IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Additional Trial Programs
We may include additional trial programs with the Programs licensed under this agreement which You download or access in the hosted environment. You will have 30 days from the delivery date or hosted environment access date to evaluate these additional trial programs. Any use of these trial programs after the 30 day trial period requires You to obtain the applicable license. Any additional trial programs are provided "as is" and We do not provide technical support or any warranties for these programs.
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to You for the Oracle Technology licensed under this agreement.
End of Agreement
This agreement, and Your right to use the Programs, will be terminated: (i) automatically upon the general commercial availability of the Programs, or six months from the date You download the Programs, whichever is first to occur, in which case You shall cease using and destroy all copies of the Oracle Technology in Your possession or control; (ii) by You, by ceasing to use and destroying all copies of the Oracle Technology in Your possession or control; or, (iii) by Us if You fail to comply with any of the terms of this agreement, in which case You shall cease using and destroy all copies of the Oracle Technology in Your possession or control.
Relationship Between the Parties
The relationship between You and Us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Third-Party Technology
The Oracle Technology may be distributed to You with third party technology or derivatives of third party technology ("Third Party Technology"). Oracle may provide certain notices to You in Oracle Technology documentation, readmes or otherwise in connection with such Third Party Technology.
Third Party Technology will be licensed to You either under the terms of this agreement, or, if specified in the Oracle Technology documentation, readme files or otherwise, under separate license terms ("Separate Terms") and not under the terms of this agreement ("Separately Licensed Third Party Technology"). Your rights to use such Separately Licensed Third Party Technology under the Separate Terms are not restricted or modified in any way by this agreement.
Entire Agreement
You agree that this agreement is the complete agreement for the Oracle Technology and licenses, and, except as may be expressly set forth in Exhibit A, this agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 19 April 2013
Should You have any questions concerning this License Agreement, or if You desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact You to ask if You had a satisfactory experience installing and using this software download and/or accessing and using the hosted environment.
Oracle Technology Network License Agreement
Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
License Rights and Restrictions
Oracle grants You a nonexclusive, nontransferable, limited license to internally use the Programs, subject to the restrictions stated in this Agreement, only for the purpose of developing, testing, prototyping, and demonstrating Your application and only as long as Your application has not been used for any data processing, business, commercial, or production purposes, and not for any other purpose. You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of the Programs for backup purposes.
Further, You may not:
remove or modify any Program markings or any notice of Oracle’s or a licensor’s proprietary rights;
make the Programs available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement);
use the Programs to provide third party training;
assign this Agreement or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and
disclose results of any Program benchmark tests without Oracle’s prior consent.
The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Programs license under a separate agreement permitting such use. However, You acknowledge that the Programs may not be intended for production use and/or Oracle may not make a version of the Programs available for production or other purposes; any development or other work You undertake with the Programs is at Your sole risk.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Third-Party Technology
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that you receive from Oracle in binary form that is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to you with the binary, you can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs . You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Information Collection
The Programs’ installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle’s Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .
No Technical Support
Unless Oracle support for the Programs, if any, is expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support, or updates to You for the Programs provided under this Agreement.
Audit; Termination
Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
Relationship Between the Parties
Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Notices
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees : Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: 09 September 2014
Oracle Technology Network License Agreement
Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
Definitions
"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from http://docs.oracle.com/en/. “Associated Product” refers to the Oracle product(s), if any, and as identified in the Programs documentation or on the Programs download site, with which the Programs are intended to enable or enhance interoperation with Your application(s). “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
License Rights and Restrictions
Oracle grants You a nonexclusive, nontransferable, limited license to, subject to the restrictions stated in this Agreement, (a) internally use the Programs solely for the purposes of developing, testing, prototyping and demonstrating Your applications, and running the Programs for Your own internal business operations; and (b) redistribute unmodified Programs and Programs Documentation pursuant to the Programs Redistribution section below. You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of the Programs for backup purposes.
Further, You may not:
remove or modify any Program markings or any notice of Oracle’s or a licensor’s proprietary rights;
use the Programs to provide third party training unless Oracle expressly authorizes such use on the Program’s download page;
assign this Agreement or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in this Agreement (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and
disclose results of any Program benchmark tests without Oracle’s prior consent.
The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Programs license under a separate agreement permitting such use. However, You acknowledge that the Programs may not be intended for production use and/or Oracle may not make a version of the Programs available for production or other purposes; any development or other work You undertake with the Programs is at Your sole risk.
Programs Redistribution
We grant You a nonexclusive, nontransferable right to copy and distribute unmodified Programs and Programs Documentation as part of and included in Your application that is intended to interoperate with the Associated Product, if any, provided that You do not charge Your end users any additional fees for the use of the Programs. Prior to distributing the Programs and Programs Documentation, You shall require Your end users to execute an agreement binding them to terms, with respect to the Programs and Programs Documentation, materially consistent and no less restrictive than those contained in this section and the sections of this Agreement entitled “License Rights and Restrictions” (except that the redistribution right granted to You shall not be included; Your end users may not distribute Programs and Programs Documentation to any third parties), "Ownership," "Export Controls," "Disclaimer of Warranties; Limitation of Liability," "No Technical Support" (with respect to Oracle support; You may provide Your own support for Programs at Your discretion), "Audit; Termination (except that Oracle’s audit right shall not be included)," "Relationship Between the Parties," and “U.S. Government End Users.” You must also include a provision stating that Your end users shall have no right to distribute the Programs and Programs Documentation, and a provision specifying us as a third party beneficiary of the agreement. You are responsible for obtaining these agreements with Your end users.
You agree to: (a) defend and indemnify us against all claims and damages caused by Your distribution of the Programs and Programs Documentation in breach of this Agreement and/or failure to include the required contractual provisions in Your end user agreement as stated above; (b) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of Programs distributed; (c) allow us to inspect Your end user agreements and records upon request; and, (d) enforce the terms of Your end user agreements so as to effect a timely cure of any end user breach, and to notify us of any breach of the terms.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Third-Party Technology
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs . You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Information Collection
The Programs’ installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle’s Privacy Policy at http://www.oracle.com/legal/privacy/privacy-policy.html.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .
No Technical Support
Unless Oracle support for the Programs, if any, is expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support, or updates to You for the Programs provided under this Agreement.
Audit; Termination
Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
U.S. Government End Users
Programs and/or Programs Documentation delivered to U.S. Government end users are “commercial computer software” pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the Programs and/or Programs Documentation shall be subject to the license terms and license restrictions set forth in this Agreement. No other rights are granted to the U.S. Government.
Relationship Between the Parties
Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Entire Agreement; Governing Law
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Notices
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: 30 November 2016
OPERA Web Applications License Version 1.0
© Copyright 2006 Opera Software ASA. All rights reserved.
OPERA SOFTWARE ASA ("OPERA") IS WILLING TO PERMIT USE OF THIS SOFTWARE
BY YOU, ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS DOCUMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT CAREFULLY. IF YOU ARE NOT WILLING TO BE BOUND, YOU ARE NOT
ALLOWED TO ACCESS THE CONTENTS OF, STUDY OR MAKE USE OF THE SOFTWARE IN
ANY WAY.
Terms of Agreement
1.Definitions
a)"Original Code" means:
The original version of the program accompanying this Agreement as
released by Opera Software ASA ("OPERA"), including source code, object
code and documentation, if any.
b)"Covered Code" means:
The Original Source Code, Contributions, the combination of the Original
Code and Contributions, and/or any respective portions thereof.
c)"Contribution" means:
in the case of OPERA, the Original Code, and
in the case of each Contributor, changes to the Original code, and
additions to the Original Code; where such changes and/or additions to
the Original Code originate from and are distributed by that particular
Contributor. A Contribution 'originates' from a Contributor if it was
added to the Original Code by such Contributor itself or anyone acting
on such Contributor's behalf.
Contributions do not include additions to the Original Code which: (i)
are separate modules of software distributed in conjunction with the
Original Code under their own license agreement, and (ii) are not
derivative works of the Original Code.
d)"Contributor" means:
OPERA and any other entity that distributes the Covered Code.
e)"Recipient" means:
Anyone who receives the Covered Code under this Agreement, including all
Contributors.
f)"Larger Work" means:
A work which combines Covered Code or portions thereof with code not
governed by the terms of this Agreement, specifically additions to the
Original Code which: (i) are separate modules of software distributed in
conjunction with the Original Code under their own license agreement,
and (ii) are not derivative works of the Original Code.
2.Grant of Rights
a)Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly
perform, distribute and sublicense the Contribution of such Contributor,
if any, and such derivative works, in source code and object code form.
The limited license granted in this Section is only for the integration
of the Contribution with or for the use of the Contribution in
connection with other proprietary software of OPERA, including but not
limited to OPERA’s browser software.
b)Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Covered Code does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to
secure any other intellectual property rights needed, if any.
c)Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright
license set forth in this Agreement.
d)Except as expressly stated in this Agreement, no other rights or
licenses, express or implied, are granted by OPERA herein, including but
not limited to any rights to trademarks, service marks or logos
belonging to OPERA, OPERA’s suppliers or to any Contributor.
3.Requirements
a)A Contributor may choose to distribute the Larger Work under its own
license agreement, provided that:
1.it complies with the terms and conditions of this Agreement;
2.and its license agreement:
1.effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of
title and non-infringement, and implied warranties or conditions of
merchantability and fitness for a particular purpose;
2.effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
3.states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party;
4.states that the Contribution only may be integrated with or used with
other proprietary software of OPERA, including but not limited to
OPERA’s browser software.
5.and states that source code for the Covered Code is available from
such Contributor, and informs licensees how to obtain it in a reasonable
manner on or through a medium customarily used for software exchange.
b)When the Covered Code is made available:
1. it must be made available under this Agreement; and a copy of this
Agreement must be included with each copy of the Covered Code.
2.Each Contributor must duplicate, to the extent it does not already
exist, the notice in Exhibit A in each file of the Covered Code of all
Contributions, and cause the modified files to carry prominent notices
stating that the contributor changed the files and the date of any
change.
3.In addition, each Contributor must identify itself as the originator
of its Contribution, if any, in a manner that reasonably allows
subsequent Recipients to identify the originator of the Contribution.
4.No Warranty
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COVERED CODE IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
for determining the appropriateness of using and distributing the
Covered Code for commercial and non-commercial purposes and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of Covered Code errors,
compliance with applicable laws, damage to or loss of data, code or
equipment, and unavailability or interruption of operations.
5.Disclaimer of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE COVERED CODE OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. General
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
All Recipient's rights under this Agreement shall terminate if it fails
to comply with any of the material terms or conditions of this Agreement
and does not cure such failure in a reasonable period of time after
becoming aware of such noncompliance. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distribution
of the Covered Code as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
Recipient relating to the Covered Code shall continue and survive.
OPERA may publish new versions (including revisions) of this Agreement
from time to time. Each new version of the Agreement will be given a
distinguishing version number. The Covered Code (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version
of the Agreement is published, Contributor may elect to distribute the
Covered Code (including its Contributions) under the new version. No one
other than OPERA has the right to modify this Agreement. Except as
expressly stated in Section 2(a), Recipient receives no rights or
licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel or otherwise. All
rights in the Covered Code not expressly granted under this Agreement
are reserved.
This Agreement is governed by the laws of Norway. Any and all disputes
arising out of the rights and obligations in this Agreement shall be
submitted to ordinary court proceedings. You accept the Oslo City Court
as legal venue under this Agreement.
OWF Contributor License Agreement 1.0 - Copyright and Patent
Open Web Foundation
Contributor License Agreement (CLA 1.0)
(Patent and Copyright Grants)
1. The Purpose of this Contributor License Agreement. This CLA sets forth the terms under which I will participate in and contribute to the development of the Specification. Capitalized terms are defined in the CLA’s last section.
2. Copyrights.
2.1. Copyright Grant. I grant to you a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to me, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and implement any Contribution to the full extent of my copyright interest in the Contribution.
2.2. Attribution. As a condition of the copyright grant, you must include an attribution to the Specification in any derivative work you make based on the Specification. That attribution must include, at minimum, the Specification name and version number.
3. Patents.
3.1. Patent Non-Assert.
3.1.1. The Promise. I, on behalf of myself and my successors in interest and assigns, irrevocably promise not to assert my Granted Claims against you for your Permitted Uses, subject to the terms and conditions of Section 3.1. This is a personal promise directly from me to you, and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this promise. This promise also applies to your Permitted Uses of any other specifications incorporating all required portions of the Specification.
3.1.2. Termination.
3.1.2.1. As a Result of Claims by You. All rights, grants, and promises made by me to you under this CLA are terminated if you file, maintain, or voluntarily participate in a lawsuit against me or any person or entity asserting that its Permitted Uses infringe any Granted Claims you would have had the right to enforce had you signed this CLA, unless that suit was in response to a corresponding suit first brought against you.
3.1.2.2. As a Result of Claims by a Related Entity of Mine. If a Related Entity of mine files, maintains, or voluntarily participates in a lawsuit asserting that a Permitted Use infringes any Granted Claims it would have had the right to enforce had it signed this CLA, then I relinquish any rights, grants, and promises I have received for the Specification from other signatories of this CLA, unless a) my promise to you was terminated pursuant to section 3.1.2.1, or b) that suit was in response to a corresponding suit first brought by you against the Related Entity.
3.1.3. Additional Conditions. This promise is not an assurance (i) that any of my copyrights or issued patent claims cover an implementation of the Specification or are enforceable or (ii) that an implementation of the Specification would not infringe intellectual property rights of any third party. Notwithstanding the personal nature of my promise, this promise is intended to be binding on any future owner, assignee or exclusive licensee who has been given the right to enforce any Granted Claims against third parties.
3.1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code and any equivalent law in any foreign jurisdiction, this promise will be treated as if it were a license and you may elect to retain your rights under this promise if I (or any owner of any patents or patent applications referenced herein), as a debtor in possession, or a bankruptcy trustee, reject this non-assert.
3.2. Patent License Commitment. In addition to rights granted in 3.1, on behalf of me and my successors in interest and assigns, I agree to grant to you a no charge, royalty free license to my Granted Claims on reasonable and non-discriminatory terms, where such license applies only to those Granted Claims infringed by the implementation of my Contribution(s) alone or by combination of my Contribution(s) with the Specification, solely for your Permitted Uses.
4. No Other Rights. Except as specifically set forth in this CLA, no other express or implied patent, trademark, copyright, or other property rights are granted under this CLA, including by implication, waiver, or estoppel.
5. Limited Opt-Out. I may withdraw my Contribution by providing written notice of that withdrawal within 45 days of submitting that Contribution. Notice of a Contribution withdrawal must be made, at minimum, in writing using the same communication mechanisms that were used to submit the corresponding Contribution and must include the exact material being withdrawn. Upon providing such valid notice, any obligations I incurred under this CLA for that particular identified Contribution will be null and void.
6. Open Web Foundation Agreement ("OWFa") version 1.0 Execution. I acknowledge that the goal of this CLA is to develop a specification that will be subject to the OWFa version 1.0. While I have no legal obligation to execute the OWFa version 1.0 for any version of the specification being developed under this CLA, I agree that the selection and terms of the OWFa version 1.0 will not be subject to negotiation.
7. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
8. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this CLA.
9. Representations, Warranties and Disclaimers. I represent and warrant that 1) I am legally entitled to grant the rights and promises set forth in this CLA and 2) I will not intentionally include any third party materials in any Contribution unless those materials are available under terms that do not conflict with this CLA. IN ALL OTHER RESPECTS MY CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Contribution or the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Contribution or the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS CLA, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this CLA requires me to undertake a patent search.
10. Definitions.
10.1. Bound Entities. “Bound Entities” means the entity listed below and any entities that the Bound Entity Controls.
10.2. CLA. “CLA” means this document, which sets forth the rights, grants, promises, limitations, conditions, obligations, and disclaimers made available for my Contributions to the particular Specification.
10.3. Contribution. “Contribution” means any original work of authorship, including any modifications or additions to an existing work, that I intentionally submit for inclusion in the Specification, which is included in the Specification. For the purposes of this definition, “submit” means any form of electronic, oral, or written communication for the purpose of discussing and improving the Specification, but excluding communication that I conspicuously designate in writing as not a contribution.
10.4. Control. “Control” means direct or indirect control of more than 50% of the voting power to elect directors of that corporation, or for any other entity, the power to direct management of such entity.
10.5. Granted Claims. "Granted Claims" are those patent claims that I own or control, including those patent claims I acquire or control after the Date below, that are infringed by Permitted Uses. Granted Claims include only those patent claims that are infringed by the implementation of any portions of the Specification where the Specification describes the functionality causing the infringement in detail and does not merely reference the functionality causing the infringement. Granted Claims under this CLA exclude those patent claims that would be infringed by an implementation of the Specification if my Contribution to that Specification were removed.
10.6. I, Me, or My. “I,” “me,” or “my” refers to the signatory below and its Bound Entities, if applicable.
10.7. Permitted Uses. “Permitted Uses” means making, using, selling, offering for sale, importing or distributing any implementation of the Specification 1) only to the extent it implements the Specification and 2) so long as all required portions of the Specification are implemented. Permitted Uses do not extend to any portion of an implementation that is not included in the Specification.
10.8. Related Entities. “Related Entities” means 1) any entity that Controls the Bound Entity (“Upstream Entity”), and 2) any other entity that is Controlled by an Upstream Entity that is not itself a Bound Entity.
10.9. Specification. “Specification” means the Specification identified below as of the date of my last Contribution.
10.10. You or Your. “You,” “you,” or “your” means any person or entity who exercises copyright or patent rights granted under this CLA, and any person or entity you Control.
OWF Contributor License Agreement 1.0 - Copyright
Open Web Foundation
Contributor License Agreement (CLA 1.0)
(Copyright Only)
1. The Purpose of this Contributor License Agreement. This CLA sets forth the terms under which I will participate in and contribute to the development of the Specification. Capitalized terms are defined in the CLA’s last section.
2. Copyrights.
2.1. Copyright Grant. I grant to you a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to me, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and implement any Contribution to the full extent of my copyright interest in the Contribution.
2.2. Attribution. As a condition of the copyright grant, you must include an attribution to the Specification in any derivative work you make based on the Specification. That attribution must include, at minimum, the Specification name and version number.3. No Other Rights. Except as specifically set forth in this CLA, no other express or implied patent, trademark, copyright, or other property rights are granted under this CLA, including by implication, waiver, or estoppel.
4. Open Web Foundation Agreement ("OWFa") version 1.0 Execution. I acknowledge that the goal of this CLA is to develop a specification that will be subject to the OWFa version 1.0. While I have no legal obligation to execute the OWFa version 1.0 for any version of the specification being developed under this CLA, I agree that the selection and terms of the OWFa version 1.0 will not be subject to negotiation.
5. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
6. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this CLA.
7. Representations, Warranties and Disclaimers. I represent and warrant that 1) I am legally entitled to grant the rights and promises set forth in this CLA and 2) I will not intentionally include any third party materials in any Contribution unless those materials are available under terms that do not conflict with this CLA. IN ALL OTHER RESPECTS MY CONTRIBUTIONS ARE PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Contribution or the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Contribution or the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS CLA, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Nothing in this CLA requires me to undertake a patent search.
8. Definitions.
8.1. Bound Entities. “Bound Entities” means the entity listed below and any entities that the Bound Entity Controls.
8.2. CLA. “CLA” means this document, which sets forth the rights, grants, promises, limitations, conditions, obligations, and disclaimers made available for my Contributions to the particular Specification.
8.3. Contribution. “Contribution” means any original work of authorship, including any modifications or additions to an existing work, that I intentionally submit for inclusion in the Specification, which is included in the Specification. For the purposes of this definition, “submit” means any form of electronic, oral, or written communication for the purpose of discussing and improving the Specification, but excluding communication that I conspicuously designate in writing as not a contribution.
8.4. Control. “Control” means direct or indirect control of more than 50% of the voting power to elect directors of that corporation, or for any other entity, the power to direct management of such entity.
8.5. I, Me, or My. “I,” “me,” or “my” refers to the signatory below and its Bound Entities, if applicable.
8.6. Specification. “Specification” means the Specification identified below as of the date of my last Contribution.
8.7. You or Your. “You,” “you,” or “your” means any person or entity who exercises copyright rights granted under this CLA, and any person or entity you Control.
OWFa 1.0 - Patent Only
Open Web Foundation
Final Specification Agreement (OWFa 1.0)
(Patent Only)
1. The Purpose of this Agreement. This Agreement sets forth the terms under which I make certain patent rights available to you for your Permitted Uses of the Specification. Capitalized terms are defined in the Agreement’s last section.
2. Patents.
2.1. Patent Non-Assert.
2.1.1. The Promise. I, on behalf of myself and my successors in interest and assigns, irrevocably promise not to assert my Granted Claims against you for your Permitted Uses, subject to the terms and conditions of Section 2.1. This is a personal promise directly from me to you, and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this promise. This promise also applies to your Permitted Uses of any other specifications incorporating all required portions of the Specification.
2.1.2. Termination.
2.1.2.1. As a Result of Claims by You. All rights, grants, and promises made by me to you under this Agreement are terminated if you file, maintain, or voluntarily participate in a lawsuit against me or any person or entity asserting that its Permitted Uses infringe any Granted Claims you would have had the right to enforce had you signed this Agreement, unless that suit was in response to a corresponding suit first brought against you.
2.1.2.2. As a Result of Claims by a Related Entity of Mine. If a Related Entity of mine files, maintains, or voluntarily participates in a lawsuit asserting that a Permitted Use infringes any Granted Claims it would have had the right to enforce had it signed this Agreement, then I relinquish any rights, grants, and promises I have received for the Specification from other signatories of this Agreement, unless a) my promise to you was terminated pursuant to section 2.1.2.1, or b) that suit was in response to a corresponding suit first brought by you against the Related Entity.
2.1.3. Additional Conditions. This promise is not an assurance (i) that any of my copyrights or issued patent claims cover an implementation of the Specification or are enforceable or (ii) that an implementation of the Specification would not infringe intellectual property rights of any third party. Notwithstanding the personal nature of my promise, this promise is intended to be binding on any future owner, assignee or exclusive licensee to whom has been given the right to enforce any Granted Claims against third parties.
2.1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code and any equivalent law in any foreign jurisdiction, this promise will be treated as if it were a license and you may elect to retain your rights under this promise if I (or any owner of any patents or patent applications referenced herein), as a debtor in possession, or a bankruptcy trustee, reject this non-assert.
2.2. Patent License Commitment. In addition to rights granted in 2.1, on behalf of me and my successors in interest and assigns, I agree to grant to you a no charge, royalty free license to my Granted Claims on reasonable and non-discriminatory terms, where such license applies only to those Granted Claims infringed by the implementation of the Specification, solely for your Permitted Uses.
3. No Other Rights. Except as specifically set forth in this Agreement, no other express or implied patent, trademark, copyright, or other property rights are granted under this Agreement, including by implication, waiver, or estoppel.
4. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
5. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this Agreement.
6. Representations, Warranties and Disclaimers. I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 2 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 2. Nothing in this Agreement requires me to undertake a patent search.
7. Definitions.
7.1. Agreement. “Agreement” means this document, which sets forth the rights, grants, promises, limitations, conditions, obligations, and disclaimers made available for the particular Specification.
7.2. Bound Entities. “Bound Entities” means the entity listed below and any entities that the Bound Entity Controls.
7.3. Control. “Control” means direct or indirect control of more than 50% of the voting power to elect directors of that corporation, or for any other entity, the power to direct management of such entity.
7.4. Granted Claims. "Granted Claims" are those patent claims that I own or control, including those patent claims I acquire or control after the Date below, that are infringed by Permitted Uses. Granted Claims include only those patent claims that are infringed by the implementation of any portions of the Specification where the Specification describes the functionality causing the infringement in detail and does not merely reference the functionality causing the infringement.
7.5. I, Me, or My. “I,” “me,” or “my” refers to the signatory below and its Bound Entities, if applicable.
7.6. Permitted Uses. “Permitted Uses” means making, using, selling, offering for sale, importing or distributing any implementation of the Specification 1) only to the extent it implements the Specification and 2) so long as all required portions of the Specification are implemented. Permitted Uses do not extend to any portion of an implementation that is not included in the Specification.
7.7. Related Entities. “Related Entities” means 1) any entity that Controls the Bound Entity (“Upstream Entity”), and 2) any other entity that is Controlled by an Upstream Entity that is not itself a Bound Entity.
7.8. Specification. “Specification” means the Specification identified below.
7.9. You or Your. “You,” “you,” or “your” means any person or entity who exercises copyright or patent rights granted under this Agreement, and any person or entity you Control.
OWFa 1.0
Open Web Foundation
Final Specification Agreement (OWFa 1.0)
(Patent and Copyright Grants)
1. The Purpose of this Agreement. This Agreement sets forth the terms under which I make certain copyright and patent rights available to you for your Permitted Uses of the Specification. Capitalized terms are defined in the Agreement’s last section.
2. Copyrights.
2.1. Copyright Grant. I grant to you a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to me, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and implement the Specification to the full extent of my copyright interest in the Specification.
2.2. Attribution. As a condition of the copyright grant, you must include an attribution to the Specification in any derivative work you make based on the Specification. That attribution must include, at minimum, the Specification name and version number.
3. Patents.
3.1. Patent Non-Assert.
3.1.1. The Promise. I, on behalf of myself and my successors in interest and assigns, irrevocably promise not to assert my Granted Claims against you for your Permitted Uses, subject to the terms and conditions of Section 3.1. This is a personal promise directly from me to you, and you acknowledge as a condition of benefiting from it that no rights from me are received from suppliers, distributors, or otherwise in connection with this promise. This promise also applies to your Permitted Uses of any other specifications incorporating all required portions of the Specification.
3.1.2. Termination.
3.1.2.1. As a Result of Claims by You. All rights, grants, and promises made by me to you under this Agreement are terminated if you file, maintain, or voluntarily participate in a lawsuit against me or any person or entity asserting that its Permitted Uses infringe any Granted Claims you would have had the right to enforce had you signed this Agreement, unless that suit was in response to a corresponding suit first brought against you.
3.1.2.2. As a Result of Claims by a Related Entity of Mine. If a Related Entity of mine files, maintains, or voluntarily participates in a lawsuit asserting that a Permitted Use infringes any Granted Claims it would have had the right to enforce had it signed this Agreement, then I relinquish any rights, grants, and promises I have received for the Specification from other signatories of this Agreement, unless a) my promise to you was terminated pursuant to section 3.1.2.1, or b) that suit was in response to a corresponding suit first brought by you against the Related Entity.
3.1.3. Additional Conditions. This promise is not an assurance (i) that any of my copyrights or issued patent claims cover an implementation of the Specification or are enforceable or (ii) that an implementation of the Specification would not infringe intellectual property rights of any third party. Notwithstanding the personal nature of my promise, this promise is intended to be binding on any future owner, assignee or exclusive licensee to whom has been given the right to enforce any Granted Claims against third parties.
3.1.4. Bankruptcy. Solely for purposes of Section 365(n) of Title 11, United States Bankruptcy Code and any equivalent law in any foreign jurisdiction, this promise will be treated as if it were a license and you may elect to retain your rights under this promise if I (or any owner of any patents or patent applications referenced herein), as a debtor in possession, or a bankruptcy trustee, reject this non-assert.
3.2. Patent License Commitment. In addition to rights granted in 3.1, on behalf of me and my successors in interest and assigns, I agree to grant to you a no charge, royalty free license to my Granted Claims on reasonable and non-discriminatory terms, where such license applies only to those Granted Claims infringed by the implementation of the Specification, solely for your Permitted Uses.
4. No Other Rights. Except as specifically set forth in this Agreement, no other express or implied patent, trademark, copyright, or other property rights are granted under this Agreement, including by implication, waiver, or estoppel.
5. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
6. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this Agreement.
7. Representations, Warranties and Disclaimers. I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this Agreement requires me to undertake a patent search.
8. Definitions.
8.1. Agreement. "Agreement" means this OWFa document, which sets forth the rights, grants, promises, limitations, conditions, obligations, and disclaimers made available for the particular Specification.
8.2. Bound Entities. "Bound Entities" means the entity listed below and any entities that the Bound Entity Controls.
8.3. Control. "Control" means direct or indirect control of more than 50% of the voting power to elect directors of that corporation, or for any other entity, the power to direct management of such entity.
8.4. Granted Claims. "Granted Claims" are those patent claims that I own or control, including those patent claims I acquire or control after the Date below, that are infringed by Permitted Uses. Granted Claims include only those patent claims that are infringed by the implementation of any portions of the Specification where the Specification describes the functionality causing the infringement in detail and does not merely reference the functionality causing the infringement.
8.5. I, Me, or My. "I," "me," or "my" refers to the signatory below and its Bound Entities, if applicable.
8.6. Permitted Uses. "Permitted Uses" means making, using, selling, offering for sale, importing or distributing any implementation of the Specification 1) only to the extent it implements the Specification and 2) so long as all required portions of the Specification are implemented. Permitted Uses do not extend to any portion of an implementation that is not included in the Specification.
8.7. Related Entities. "Related Entities" means 1) any entity that Controls the Bound Entity ("Upstream Entity"), and 2) any other entity that is Controlled by an Upstream Entity that is not itself a Bound Entity.
8.8. Specification. "Specification" means the Specification identified below.
8.9. You or Your. "You," "you," or "your" means any person or entity who exercises copyright or patent rights granted under this Agreement, and any person or entity you Control.
# Open Works License
This is version 0.9.4 of the Open Works License
## Terms
Permission is hereby granted by the holder(s) of copyright or other legal
privileges, author(s) or assembler(s), and contributor(s) of this work, to any
person who obtains a copy of this work in any form, to reproduce, modify,
distribute, publish, sell, sublicense, use, and/or otherwise deal in the
licensed material without restriction, provided the following conditions are
met:
Redistributions, modified or unmodified, in whole or in part, must retain
applicable copyright and other legal privilege notices, the above license
notice, these conditions, and the following disclaimer.
NO WARRANTY OF ANY KIND IS IMPLIED BY, OR SHOULD BE INFERRED FROM, THIS LICENSE
OR THE ACT OF DISTRIBUTION UNDER THE TERMS OF THIS LICENSE, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, ASSEMBLERS, OR HOLDERS OF
COPYRIGHT OR OTHER LEGAL PRIVILEGE BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER
LIABILITY, WHETHER IN ACTION OF CONTRACT, TORT, OR OTHERWISE ARISING FROM, OUT
OF, OR IN CONNECTION WITH THE WORK OR THE USE OF OR OTHER DEALINGS IN THE WORK.
OWTChart License
Copyright and License Terms
OWTChart is Open Source, which means that it can be used freely, for
personnal or commercial application, as long as the authors' Copyright
and Distribution terms are respected. It is based on the GDChart
library, which in turn uses Boutell.com's GD (GifDraw) library, so this
means 3 sets of Copyright and Distribution terms to follow.
The application part of OWTChart was developed by Daniel Morissette
(danmo@videotron.ca), and part of it was done under contract with Health
Canada. It is covered by the following Copyright and Distribution terms:
Copyright (c) 1998, 1999, Daniel Morissette
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software. THE SOFTWARE IS
PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
The underlying GDChart library comes with the following Copyright notice
from its author, Bruce Verderaime (brv@fred.net): GDChart is free for
use in your applications and for chart generation. YOU MAY NOT re-
distribute or represent the code as your own. Any re-distributions of
the code MUST reference the author, and include any and all original
documentaion.
IOW: Use it. Don't plagiarize it!
Finally, the GD (GifDraw) library comes with the following Copyright
notices: Portions copyright 1994, 1995, 1996, 1997, 1998, by Cold Spring
Harbor Laboratory. Funded under Grant P41-RR02188 by the National
Institutes of Health.
Portions copyright 1996, 1997, 1998, by Boutell.Com, Inc. GIF
decompression code copyright 1990, 1991, 1993, by David Koblas
(koblas@netcom.com). Non-LZW-based GIF compression code copyright 1998,
by Hutchison Avenue Software Corporation.
Permission has been granted to copy and distribute gd in any context,
including a commercial application, provided that this notice is present
in user-accessible supporting documentation. This does not affect your
ownership of the derived work itself, and the intent is to assure proper
credit for the authors of gd, not to interfere with your productive use
of gd. If you have questions, ask. "Derived works" includes all programs
that utilize the library. Credit must be given in user- accessible
documentation. Permission to use, copy, modify, and distribute this
software and its documentation for any purpose and without fee is hereby
granted, provided that the above copyright notice appear in all copies
and that both that copyright notice and this permission notice appear in
supporting documentation. This software is provided "as is" without
express or implied warranty.
oXygen XML Developer End User License Agreement
IMPORTANT:THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, A SINGLE LEGAL ENTITY) AND SYNCRO. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESSION. YOU ALSO ACCEPT AND ASSENT TO THE SYNCRO PRIVACY POLICY LOCATED AT http://www.oxygenxml.com/privacy_policy.html AND YOU AGREE TO RECEIVE NOTICES FROM SYNCRO ELECTRONICALLY.
1. DEFINITION
a) "Syncro" means Syncro Soft SRL.
b) "Software" means the executable code of oXygen XMLDeveloper (software program for editing and processing XML documents), any updates or error corrections provided by Syncro and on-line or electronic documentation.
c) "Named User" is an individual authorized by You to use the Software through the assignment of a single user ID, regardless of whether or not the individual is using the Software at any given time.
d) "License Key" means a unique key-code issued to You by Syncro (or its authorized reseller) to activate and use the Software.
e) "Maintenance Pack" is a time-limited right to technical support and Software updates and upgrades which you may elect to purchase in addition to your Software license. Technical support only covers issues or questions resulting directly out of the operation of the Software. Syncro will not provide You with generic consultation, assistance, or advice under any other circumstances.
2. LICENSE GRANTS
2.1. Trial Period License. You may download and use the Software for free for thirty (30) days after installation ("Trial Period"). During the Trial Period, Syncro grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use. At Syncro discretion, Syncro may provide limited support through email or discussion forums at Syncro web site. The evaluation copy of the Software contains a feature that will automatically disable the Software at the end of Trial Period. Syncro will have no liability to you if this feature disables the Software.
2.2. License After Trial Period. This Software is licensed, not sold. During Trial Period, You have the option of paying a license fee in order to use the Software after expiration of the Trial Period. The Software is available as Enterprise , Professional , Personal or Academic Edition and can be licensed either on a subscription or perpetual basis. Upon your payment of the license fee and subject to the terms and conditions contained herein, Syncro or its authorized reseller provides you with a License Key and grants you a limited, non-exclusive, non-transferable license to:
a) use the Software on a Named User basis meaning specific individuals are authorized to access the Software and the total number of named users may not exceed the total number licensed by You.
b) copy the Software in machine-readable form solely for backup purposes. If you do not pay the license fee before the Trial Period expires, the present License will be immediately terminated and you lose any right to the Software.
2.3. The Named User of the Software may install and use the Software on as many computers (including operating systems) as he or she likes.
2.4. Personal Edition Software. If you have acquired a Personal Edition, You are permitted to use the Software only if You are a natural person and You purchase the license using your own funds only. If any third party pays the license fee or if You expect or receive reimbursement for the license fee from any third party, this license shall be invalid and not in effect. For the avoidance of any doubt, Personal licences are not available to companies or business entities and can't be refunded by employers.
2.5. Floating License: If you are using the Software under the control of a Floating license, you may:
a) install the Software on an unlimited number of computers that are connected to the designated network (there has to be a TCP/IP connection between the machines)
b) use the Software by no more than the authorized number of concurrent users. A separate license is required for each additional concurrent user and/or network on which the Software is used. Syncro will provide you with a license code key that enables the Software for a Floating license up to the authorized number of concurrent users. If a part of the Software (by means of the SDK) is integrated in a third party application that features a floating license mechanism compliant with the current Section, you may elect to use each instance of this application as an authorized concurrent user that shall be subtracted from the authorized number of concurrent users.
2.6. Subscription. If You licensed the Software on a subscription basis, your rights to use the Software are limited to the subscription period that shall be indicated in your accepted order. In order to use the subscription you must register the activation code provided to you at the time of purchase and receive a License Key. Your license subscription will start on the date you receive the License Key, not from the date of purchase. After the expiration of your subscription, You are legally obligated to discontinue your use of Software and remove the Software from your system.
2.7. Pre-release license. Notwithstanding anything to the contrary in this Agreement, if Software is designated as pre-release or beta software, then you may use the Software in a manner consistent with the terms of this Agreement solely for evaluation purposes only for the term of the pre-release time period, which is specified elsewhere in the Software, or upon the commercial release of the Software. Syncro may never commercially release the Pre-release Software. You acknowledge that all Software designated as pre-release or beta Software may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK.
2.8. Not For Resale license. Notwithstanding anything to the contrary in this Agreement, if Software is designated as "Not For Resale", then you may use the Software only if you are a current Syncro Authorized Partner and then only for demonstration, test, training or evaluation purposes in support of your customers and you may not resell, or otherwise transfer for value, the Software.
2.9. Upgrades. Notwithstanding any other terms in this Agreement, if the Software is licensed as an upgrade or update, then the latest update or upgrade that you download and install replaces the Software previously licensed. You agree that the upgrade or update and the associated license keys does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the Software it is replacing and whose license has terminated).
2.10. Prior Versions. Prior versions of the Software may be installed on the same computer with a properly licensed current version of Software. A Prior version may be used by a properly licensed user in place of the current version of the software. The prior version is not an additional license of the Software, it may be used only as a substitute for the current version.
2.11. Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement contact Syncro (support@oxygenxml.com)
3. LICENSE RESTRICTIONS
3.1. You may not provide or make available by any means the License Key to any third party. You undertake to take such steps as are necessary in order to protect the License Key against unauthorized use.
3.2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form (except as permitted by applicable law).
3.3. You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software or any part thereof.
3.4. You may not modify the Software or create derivative works based upon the Software.
3.5. You may not remove or obscure any copyright and trademark notices relating to the Software.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1. This Agreement gives you limited rights to use the Software. Syncro retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Syncro. The structure, organization and code of the Software are valuable trade secrets and confidential information of Syncro.
5. PATENT AND COPYRIGHT INDEMNITY
5.1. Syncro will defend and indemnify You for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes the copyright or other intellectual property rights protected by United States or European Union law of any third party, provided that: (i) You notify Syncro in writing within ten (10) business days of the claim, (ii) Syncro has sole control of the defense and all related settlement negotiations, and (iii) You provide Syncro with the assistance, information, and authority necessary to perform the above.
5.2. Syncro will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by Syncro (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Syncro or under Syncro' direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that Syncro provides to You, or (iii)the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Syncro if such infringement would have been avoided by the use of the Software without such programs or data.
5.3. In the event the Software is held or believed by Syncro to infringe, or Your use of the Software is enjoined, Syncro will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license to continue using the Software, (iii) substitute the Software with other Software reasonably suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the effective date of the Agreement. This Section states Syncro' entire liability for infringement.
6. LIMITED WARRANTIES
6.1. Syncro warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.
6.2. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, EXCEPT AS EXPRESSLY SET FORTH ABOVE, SYNCRO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. SYNCRO MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. SYNCRO EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
7. NO REFUND
7.1. Because the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the license fee, Syncro enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Trial Period. Once you pay the license fee, your payment is final and may not be reimbursed.
8. SUPPORT AND MAINTENANCE PACK
8.1. Subject to payment of the applicable fees for Maintenance Pack under this Agreement Syncro shall provide maintenance and support services in accordance with its standard maintenance and support terms for such services. Syncro technical support policies are posted on Oxygen XML’s website (www.oxygenxml.com) and Syncro reserves the right to amend and modify its technical support policies from time to time, in its sole discretion.
8.2. At any time prior to the expiration of your Maintenance Pack and fourteen (14) days after, you may purchase a renewal of your Maintenance Pack. This additional Maintenance Pack will extend the availability of your current Maintenance Pack for a period of time beginning with the date when your Maintenance Pack expires. If you do not purchase any additional Maintenance Pack, you will lose the right to technical support and Software updates and upgrades as of the date your current Maintenance Pack expires. However, you will not lose the right to use the Software or the technical support,updates and upgrades provided free by Syncro.
8.3. For customers that purchase or already own multiple licenses, a Maintenance Pack must be purchased for each license.
8.4. If you licensed Software on a subscription basis, Maintenance Pack is included in the applicable subscription fee. When your subscription ends, Maintenance Pack will also be terminated.
8.5. Technical support incidents can be submitted via e-mail or by phone. Syncro will use its best efforts to provide you with technical support within forty-eight (48) business hours of your request. Please check our website to find our latest contact information.
8.6. The latest information is provided on the web site at: http://www.oxygenxml.com. Please refer to our web site for additional information regarding Maintenance Pack (prices, online purchase, etc.).
9. LIMITATION OF LIABILITY
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNCRO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SYNCRO OR ANY SUPPLIER, AND EVEN IF SYNCRO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SYNCRO ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Syncro's liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Agreement between Syncro and you.
10. HIGH RISK ACTIVITIES
10.1. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Syncro and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. THIRD PARTY SOFTWARE
11.1. The Software may contain third party software that requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.oxygenxml.com/thirdparty/index.html and are made a part of and incorporated by reference into this EULA. By accepting this EULA, You are also accepting the additional terms and conditions, if any, set forth therein.
12. TERMINATION
12.1. This Agreement will terminate at the end of Trial Period unless You purchase an ongoing license by paying the license fee. If the Software is licensed on subscription basis, this Agreement will automatically terminate upon the termination of your subscription period. You may terminate the Agreement at any time by destroying all copies of the Software. Syncro may terminate the Agreement and license granted herein immediately if you breach any provision of this Agreement or at the request of an authorized Syncro reseller in the event that you fail to make your license payment or other monies due and payable.
13. U.S. GOVERNMENT ENTITY RIGHTS
13.1. If Software is being acquired by or on behalf of the U.S Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the government's rights in Software and accompanying documentation will be only as set in this Agreement; this is in accordance with 48 CFR 227.7201 through 277.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
14. EXPORT REGULATIONS
14.1. You acknowledge that the Software may be subject to export restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Software, in the United States and in any foreign jurisdiction in which the Software is used. Without limiting the foregoing, the Software may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. GENERAL
15.1. Syncro makes efforts to provide updates or new versions of the Software, but Syncro reserves the right at any time not to release updates or new versions of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
15.2. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
15.3. This Agreement will be governed by and construed in accordance with the laws of England and Wales. In the event of any disputes arising out of the interpretation or performance of this Agreement, the parties shall endeavor to settle the matter out of court prior to any court action. If no agreement can be reached to settle a dispute concerning the interpretation or performance of this Agreement, the competent courts of England and Wales shall have exclusive jurisdiction. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
15.4. You may not assign this Agreement in whole or in part, without Syncro prior written consent. Any attempt by You to assign this Agreement without such consent will be null and void.
15.5. This Agreement constitutes the entire agreement between Syncro and You related to the Software and supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter. No purchase order, other ordering document or any other document which purports to modify or supplement this Agreement shall add to or vary the terms and conditions of this Agreement unless executed by both Syncro and You. Syncro's acceptance of any purchase order placed by You is expressly made conditional on your assent to the terms set forth in this Agreement, and not those contained in your purchase order, and such purchase order terms shall have no effect on this Agreement. All questions concerning this Agreement shall be directed to support@oxygenxml.com
Oxygen XML WebHelp license
IMPORTANT:THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, A SINGLE LEGAL ENTITY) AND SYNCRO. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DISCONTINUE USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESSION. YOU ALSO ACCEPT AND ASSENT TO THE SYNCRO PRIVACY POLICY LOCATED AT http://www.oxygenxml.com/privacy_policy.html AND YOU AGREE TO RECEIVE NOTICES FROM SYNCRO ELECTRONICALLY.
1. DEFINITION
a) "Syncro" means Syncro Soft SRL.
b) "Software" means the executable code of oXygen XML Web Help plugin (DITA-Open Toolkit plugin for generating Web Help output from DITA sources and Docbook XML source transformation to Webhelp output as an extension of the Docbook XSL distribution available at Sourceforge.net.), any updates or error corrections provided by Syncro and on-line or electronic documentation.
c) "Process" means any automated process that is authorized by You to access and use the Software through the assignment of a single process ID and includes, without limitation, automated controls and background jobs.
d) "License Key" means a unique key-code issued to You by Syncro (or its authorized reseller) to activate and use the Software.
e) "Maintenance Pack" is a time-limited right to technical support and Software updates and upgrades which you may elect to purchase in addition to your Software license. Technical support only covers issues or questions resulting directly out of the operation of the Software. Syncro will not provide You with generic consultation, assistance, or advice under any other circumstances.
2. LICENSE GRANTS
2.1. Upon your payment of the license fee and subject to the terms and conditions contained herein, Syncro or its authorized reseller provides you with a License Key and grants you a limited, non-exclusive, non-transferable license to:
a) incorporate, integrate, include and use the Software for your internal business purpose on a Process basis meaning specific Processes are authorized to access the Software and the total number of Processes may not exceed the total number licensed by You.
b) copy the Software in machine-readable form solely for backup purposes.
2.2. In addition to the rights specified above in section 2.1, You shall be entitled to use the licensed Software by an additional Process that mirrors or duplicates the licensed Process, solely for the purpose of testing internally of the Software output or for backup purposes.
2.3. Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement contact Syncro (support@oxygenxml.com)
3. LICENSE RESTRICTIONS
3.1. You may not provide or make available by any means the License Key to any third party. You undertake to take such steps as are necessary in order to protect the License Key against unauthorized use.
3.2. You may not sell, rent, lease, sub-license, transfer, resell or otherwise distribute the Software or any part thereof.
3.3. You may not remove or obscure any copyright notices relating to the Software.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1. This Agreement gives you limited rights to use the Software. Syncro retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Syncro. The structure, organization and code of the Software are valuable trade secrets and confidential information of Syncro.
5. PATENT AND COPYRIGHT INDEMNITY
5.1. Syncro will defend and indemnify You for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes the copyright or other intellectual property rights protected by United States or European Union law of any third party, provided that: (i) You notify Syncro in writing within ten (10) business days of the claim, (ii) Syncro has sole control of the defense and all related settlement negotiations, and (iii) You provide Syncro with the assistance, information, and authority necessary to perform the above.
5.2. Syncro will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by Syncro (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Syncro or under Syncro' direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that Syncro provides to You, or (iii)the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Syncro if such infringement would have been avoided by the use of the Software without such programs or data.
5.3. In the event the Software is held or believed by Syncro to infringe, or Your use of the Software is enjoined, Syncro will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license to continue using the Software, (iii) substitute the Software with other Software reasonably suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the effective date of the Agreement. This Section states Syncro' entire liability for infringement.
6. LIMITED WARRANTIES
6.1. Syncro warrants that is holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.
6.2. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, EXCEPT AS EXPRESSLY SET FORTH ABOVE, SYNCRO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. SYNCRO MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. SYNCRO EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
7. SUPPORT AND MAINTENANCE PACK
7.1. Subject to payment of the applicable fees for Maintenance Pack under this Agreement Syncro shall provide maintenance and support services in accordance with its standard maintenance and support terms for such services. Syncro technical support policies are posted on Oxygen XML’s website (www.oxygenxml.com) and Syncro reserves the right to amend and modify its technical support policies from time to time, in its sole discretion.
7.2. At any time prior to the expiration of your Maintenance Pack and fourteen (14) days after, you may purchase a renewal of your Maintenance Pack. This additional Maintenance Pack will extend the availability of your current Maintenance Pack for a period of time beginning with the date when your Maintenance Pack expires. If you do not purchase any additional Maintenance Pack, you will lose the right to technical support and Software updates and upgrades as of the date your current Maintenance Pack expires. However, you will not lose the right to use the Software or the technical support,updates and upgrades provided free by Syncro.
7.3. If you have purchased or already own multiple licenses and you elect to purchase or renew their Maintenance Pack, you must purchase a Maintenance Pack for each license.
7.4. Technical support incidents can be submitted via e-mail or by phone. Syncro will use its best efforts to provide you with technical support within forty-eight (48) business hours of your request.
7.5. The latest information regarding Maintenance Pack (terms and conditions, prices, online purchase, etc.) is provided on the web site at: http://www.oxygenxml.com/support.html.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYNCRO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SYNCRO OR ANY SUPPLIER, AND EVEN IF SYNCRO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SYNCRO ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Syncro's liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Agreement between Syncro and you.
9. HIGH RISK ACTIVITIES
9.1. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Syncro and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
10. THIRD PARTY SOFTWARE
10.1. The Software contains the following third party software that requires additional terms and conditions:
10.1.1. jQuery JavaScript Library and jQuery Plug-Ins
10.1.2. jQuery Mobile JavaScript LibraryThe required third party software notices and/or additional terms and conditions are located at: http://www.oxygenxml.com/thirdparty/index.html and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, You are also accepting the additional terms and conditions, if any, forth therein.
11. TERMINATION
11.1. You may terminate the Agreement at any time by destroying all copies of the Software. Syncro may terminate the Agreement and license granted herein immediately if you breach any provision of this Agreement or at the request of an authorized Syncro reseller in the event that you fail to make your license payment or other monies due and payable.
12. EXPORT REGULATIONS
12.1. You acknowledge that the Software may be subject to export restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Software, in the United States and in any foreign jurisdiction in which the Software is used. Without limiting the foregoing, the Software may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. GENERAL
13.1. Syncro makes efforts to provide updates or new versions of the Software, but Syncro reserves the right at any time not to release updates or new versions of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
13.2. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
13.3. This Agreement will be governed by and construed in accordance with the laws of England and Wales. In the event of any disputes arising out of the interpretation or performance of this Agreement, the parties shall endeavor to settle the matter out of court prior to any court action. If no agreement can be reached to settle a dispute concerning the interpretation or performance of this Agreement, the competent courts of England and Wales shall have exclusive jurisdiction. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
13.4. You may not assign this Agreement in whole or in part, without Syncro prior written consent. Any attempt by You to assign this Agreement without such consent will be null and void.
13.5. This Agreement constitutes the entire agreement between Syncro and You related to the Software and supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter. No purchase order, other ordering document or any other document which purports to modify or supplement this Agreement shall add to or vary the terms and conditions of this Agreement unless executed by both Syncro and You. Syncro's acceptance of any purchase order placed by You is expressly made conditional on your assent to the terms set forth in this Agreement, and not those contained in your purchase order, and such purchase order terms shall have no effect on this Agreement. All questions concerning this Agreement shall be directed to support@oxygenxml.com
Australian Public Licence B Version 1-0
OZPLB Licence
Version 1-0
Copyright (c) 2006, National ICT Australia, Ltd
All rights reserved.
Developed by: Embedded, Real-time and Operating Systems Program (ERTOS)
National ICT Australia
http://www.ertos.nicta.com.au
Permission is granted by National ICT Australia, free of charge, to any person obtaining a copy of this software and any associated documentation files (the "Software") to deal with the software without restriction, including (without limitation) the rights to use, copy, modify, adapt, merge, publish, distribute, communicate to the public, sublicense, and/or sell, lend or rent out copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimers.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimers in the documentation and/or other materials provided
with the distribution.
* Neither the name of National ICT Australia, nor the names of its
contributors, may be used to endorse or promote products derived
from this Software without specific prior written permission.
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========================================================================
Copyright (c) 2005-2008 Sandia Corporation, Kitware Inc.
Sandia National Laboratories, New Mexico
PO Box 5800
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Kitware Inc.
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USA
Under the terms of Contract DE-AC04-94AL85000, there is a
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met:
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notice, this list of conditions and the following disclaimer in the
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* Neither the name of Kitware nor the names of any contributors may
be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
Other licenses:
========================================================================
Copyright (c) 2000-2005 Kitware Inc. 28 Corporate Drive, Suite 204,
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All rights reserved.
Redistribution and use in source and binary forms, with or without
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========================================================================
Copyright (c) 2002-2005 Los Alamos National Laboratory
This software and ancillary information known as vtk_ext (and herein
called "SOFTWARE") is made available under the terms described below.
The SOFTWARE has been approved for release with associated LA_CC
Number 99-44, granted by Los Alamos National Laboratory in July 1999.
Unless otherwise indicated, this SOFTWARE has been authored by an
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Los Alamos National Laboratory under Contract No. W-7405-ENG-36 with
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The United States Government has rights to use, reproduce, and
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Neither the U. S. Government, the University of California, nor the
Advanced Computing Laboratory makes any warranty, either express or
implied, nor assumes any liability or responsibility for the use of
this SOFTWARE.
If SOFTWARE is modified to produce derivative works, such modified
SOFTWARE should be clearly marked, so as not to confuse it with the
version available from Los Alamos National Laboratory.
========================================================================
VTK License
========================================================================
Copyright (c) 2000-2006 Kitware Inc. 28 Corporate Drive, Suite 204,
Clifton Park, NY, 12065, USA.
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
========================================================================
HDF5 License
========================================================================
NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 by the Board of
Trustees of the University of Illinois All rights reserved.
Contributors: National Center for Supercomputing Applications (NCSA) at the
University of Illinois at Urbana-Champaign (UIUC), Lawrence Livermore National
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Redistribution and use in source and binary forms, with or without
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========================================================================
Xdmf License
========================================================================
Copyright (c) 2002 U.S. Army Research Laboratory
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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
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DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Parity Public License 6.0.0
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Source Code: source
This license lets you use and share this software for free, as long as you contribute software you make with it. Specifically:
If you follow the rules below, you may do everything with this software that would otherwise infringe either the contributor's copyright in it, any patent claim the contributor can license, or both.
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Note that this license does not allow you to change the license terms for this software. You must follow Notices.
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THE AUTHORS OF THIS SOFTWARE DISCLAIM ALL WARRANTIES WITH REGARD TO
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acknowledgment:
"This product includes software developed by Paul Mackerras
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THE AUTHORS OF THIS SOFTWARE DISCLAIM ALL WARRANTIES WITH REGARD TO
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(e) states that the Software is available from you or PayPal and informs licensees how to obtain it in a
reasonable manner on or through a medium customarily used for software exchange.
2. DISCLAIMER OF WARRANTY
PAYPAL LICENSES THE SOFTWARE AND DOCUMENTATION TO YOU ONLY ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PAYPAL MAKES NO WARRANTY THAT THE
SOFTWARE OR DOCUMENTATION WILL BE ERROR-FREE. Each user of the Software or Documentation is solely responsible
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risks associated with its exercise of rights under this Agreement, including but not limited to the risks and
costs of program errors, compliance with applicable laws, damage to or loss of data, programs, or equipment,
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3. LIMITATION OF LIABILITY
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OF THE SOFTWARE OR DOCUMENTATION. IN NO EVENT WILL PAYPAL OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING LOST PROFITS, LOST SAVINGS,
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TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY OR TORT INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PAYPAL'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
4. TRADEMARK USAGE
PayPal is a trademark PayPal, Inc. in the United States and other countries. Such trademarks may not be used
to endorse or promote any product unless expressly permitted under separate agreement with PayPal.
5. TERM
Your rights under this Agreement shall terminate if you fail to comply with any of the material terms or
conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming
aware of such noncompliance. If all your rights under this Agreement terminate, you agree to cease use
and distribution of the Software and Documentation as soon as reasonably practicable.
6. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes and laws of the State of
California, without regard to the conflicts of law principles thereof. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms. Any dispute arising out of or related to this Agreement
shall be brought in the courts of Santa Clara County, California, USA.
Permissive Binary License
Version 1.0, September 2015
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
1) Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
2) Unless to the extent explicitly permitted by law, no reverse
engineering, decompilation, or disassembly of this software is
permitted.
3) Redistribution as part of a software development kit must include the
accompanying file named "DEPENDENCIES" and any dependencies listed in
that file.
4) Neither the name of the copyright holder nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
Limited patent license. The copyright holders (and contributors) grant a
worldwide, non-exclusive, no-charge, royalty-free patent license to
make, have made, use, offer to sell, sell, import, and otherwise
transfer this software, where such license applies only to those patent
claims licensable by the copyright holders (and contributors) that are
necessarily infringed by this software. This patent license shall not
apply to any combinations that include this software. No hardware is
licensed hereunder.
If you institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the software
itself infringes your patent(s), then your rights granted under this
license shall terminate as of the date such litigation is filed.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS." ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
PCRE LICENCE
------------
PCRE is a library of functions to support regular expressions whose
syntax and semantics are as close as possible to those of the Perl 5
language.
Written by: Philip Hazel <ph10@cam.ac.uk>
University of Cambridge Computing Service, Cambridge, England.
Phone: +44 1223 334714.
Copyright (c) 1997-2001 University of Cambridge
Permission is granted to anyone to use this software for any purpose on
any computer system, and to redistribute it freely, subject to the
following restrictions:
1. This software is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
2. The origin of this software must not be misrepresented, either by
explicit claim or by omission. In practice, this means that if you use
PCRE in software which you distribute to others, commercially or
otherwise, you must put a sentence like this
"Regular expression support is provided by the PCRE library package,
which is open source software, written by Philip Hazel, and copyright by
the University of Cambridge, England"
somewhere reasonably visible in your documentation and in any relevant
files or online help data or similar.
A reference to the ftp site for the source, that is, to
ftp://ftp.csx.cam.ac.uk/pub/software/programming/pcre/
should also be given in the documentation.
3. Altered versions must be plainly marked as such, and must not be
misrepresented as being the original software.
4. If PCRE is embedded in any software that is released under the GNU
General Purpose Licence (GPL), or Lesser General Purpose Licence (LGPL),
then the terms of that licence shall supersede any condition above with
which it is incompatible.
The documentation for PCRE, supplied in the "doc" directory, is
distributed under the same terms as the software itself.
End PCRE LICENCE
EXEMPTION FOR BINARY LIBRARY-LIKE PACKAGES
------------------------------------------
The second condition in the BSD licence (covering binary redistributions) does
not apply all the way down a chain of software. If binary package A includes
PCRE2, it must respect the condition, but if package B is software that
includes package A, the condition is not imposed on package B unless it uses
PCRE2 independently.
Modified MIT License for Public Domain software
Public Domain or legal equivalent
Original authorship by [authors] (the "Authors") in [year]
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
Coords.js is free for both commercial and non-commercial use and
redistribution, provided that PD'Programming's copyright and disclaimer are
retained intact. You are free to modify coords.js for your own use and
to redistribute coords.js with your modifications, provided that the
modifications are clearly documented.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
merchantability or fitness for a particular purpose. Please use it AT
YOUR OWN RISK.
Open Data Commons – Public Domain Dedication & Licence (PDDL)
Preamble
The Open Data Commons – Public Domain Dedication & Licence is a document intended to allow you to freely share, modify, and use this work for any purpose and without any restrictions. This licence is intended for use on databases or their contents ("data"), either together or individually.
Many databases are covered by copyright. Some jurisdictions, mainly in Europe, have specific special rights that cover databases called the "sui generis" database right. Both of these sets of rights, as well as other legal rights used to protect databases and data, can create uncertainty or practical difficulty for those wishing to share databases and their underlying data but retain a limited amount of rights under a "some rights reserved" approach to licensing as outlined in the Science Commons Protocol for Implementing Open Access Data. As a result, this waiver and licence tries to the fullest extent possible to eliminate or fully license any rights that cover this database and data. Any Community Norms or similar statements of use of the database or data do not form a part of this document, and do not act as a contract for access or other terms of use for the database or data.
The position of the recipient of the work
Because this document places the database and its contents in or as close as possible within the public domain, there are no restrictions or requirements placed on the recipient by this document. Recipients may use this work commercially, use technical protection measures, combine this data or database with other databases or data, and share their changes and additions or keep them secret. It is not a requirement that recipients provide further users with a copy of this licence or attribute the original creator of the data or database as a source. The goal is to eliminate restrictions held by the original creator of the data and database on the use of it by others.
The position of the dedicator of the work
Copyright law, as with most other law under the banner of "intellectual property", is inherently national law. This means that there exists several differences in how copyright and other intellectual property rights can be relinquished, waived or licensed in the many legal jurisdictions of the world. This is despite much harmonisation of minimum levels of protection. The internet and other communication technologies span these many disparate legal jurisdictions and thus pose special difficulties for a document relinquishing and waiving intellectual property rights, including copyright and database rights, for use by the global community. Because of this feature of intellectual property law, this document first relinquishes the rights and waives the relevant rights and claims. It then goes on to license these same rights for jurisdictions or areas of law that may make it difficult to relinquish or waive rights or claims.
The purpose of this document is to enable rightsholders to place their work into the public domain. Unlike licences for free and open source software, free cultural works, or open content licences, rightsholders will not be able to "dual license" their work by releasing the same work under different licences. This is because they have allowed anyone to use the work in whatever way they choose. Rightsholders therefore can't re-license it under copyright or database rights on different terms because they have nothing left to license. Doing so creates truly accessible data to build rich applications and advance the progress of science and the arts.
This document can cover either or both of the database and its contents (the data). Because databases can have a wide variety of content – not just factual data – rightsholders should use the Open Data Commons – Public Domain Dedication & Licence for an entire database and its contents only if everything can be placed under the terms of this document. Because even factual data can sometimes have intellectual property rights, rightsholders should use this licence to cover both the database and its factual data when making material available under this document; even if it is likely that the data would not be covered by copyright or database rights.
Rightsholders can also use this document to cover any copyright or database rights claims over only a database, and leave the contents to be covered by other licences or documents. They can do this because this document refers to the "Work", which can be either – or both – the database and its contents. As a result, rightsholders need to clearly state what they are dedicating under this document when they dedicate it.
Just like any licence or other document dealing with intellectual property, rightsholders should be aware that one can only license what one owns. Please ensure that the rights have been cleared to make this material available under this document.
This document permanently and irrevocably makes the Work available to the public for any use of any kind, and it should not be used unless the rightsholder is prepared for this to happen.
Part I: Introduction
The Rightsholder (the Person holding rights or claims over the Work) agrees as follows:
1.0 Definitions of Capitalised Words
"Copyright" – Includes rights under copyright and under neighbouring rights and similarly related sets of rights under the law of the relevant jurisdiction under Section 6.4.
"Data" – The contents of the Database, which includes the information, independent works, or other material collected into the Database offered under the terms of this Document.
"Database" – A collection of Data arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this Document.
"Database Right" – Means rights over Data resulting from the Chapter III ("sui generis") rights in the Database Directive (Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases) and any future updates as well as any similar rights available in the relevant jurisdiction under Section 6.4.
"Document" – means this relinquishment and waiver of rights and claims and back up licence agreement.
"Person" – Means a natural or legal person or a body of persons corporate or incorporate.
"Use" – As a verb, means doing any act that is restricted by Copyright or Database Rights whether in the original medium or any other; and includes modifying the Work as may be technically necessary to use it in a different mode or format. This includes the right to sublicense the Work.
"Work" – Means either or both of the Database and Data offered under the terms of this Document.
"You" – the Person acquiring rights under the licence elements of this Document.
Words in the singular include the plural and vice versa.
2.0 What this document covers
2.1. Legal effect of this Document. This Document is:
a. A dedication to the public domain and waiver of Copyright and Database Rights over the Work; and
b. A licence of Copyright and Database Rights over the Work in jurisdictions that do not allow for relinquishment or waiver.
2.2. Legal rights covered.
a. Copyright. Any copyright or neighbouring rights in the Work. Copyright law varies between jurisdictions, but is likely to cover: the Database model or schema, which is the structure, arrangement, and organisation of the Database, and can also include the Database tables and table indexes; the data entry and output sheets; and the Field names of Data stored in the Database. Copyright may also cover the Data depending on the jurisdiction and type of Data; and
b. Database Rights. Database Rights only extend to the extraction and re-utilisation of the whole or a substantial part of the Data. Database Rights can apply even when there is no copyright over the Database. Database Rights can also apply when the Data is removed from the Database and is selected and arranged in a way that would not infringe any applicable copyright.
2.2 Rights not covered.
a. This Document does not apply to computer programs used in the making or operation of the Database;
b. This Document does not cover any patents over the Data or the Database. Please see Section 4.2 later in this Document for further details; and
c. This Document does not cover any trade marks associated with the Database. Please see Section 4.3 later in this Document for further details.
Users of this Database are cautioned that they may have to clear other rights or consult other licences.
2.3 Facts are free. The Rightsholder takes the position that factual information is not covered by Copyright. This Document however covers the Work in jurisdictions that may protect the factual information in the Work by Copyright, and to cover any information protected by Copyright that is contained in the Work.
Part II: Dedication to the public domain
3.0 Dedication, waiver, and licence of Copyright and Database Rights
3.1 Dedication of Copyright and Database Rights to the public domain. The Rightsholder by using this Document, dedicates the Work to the public domain for the benefit of the public and relinquishes all rights in Copyright and Database Rights over the Work.
a. The Rightsholder realises that once these rights are relinquished, that the Rightsholder has no further rights in Copyright and Database Rights over the Work, and that the Work is free and open for others to Use.
b. The Rightsholder intends for their relinquishment to cover all present and future rights in the Work under Copyright and Database Rights, whether they are vested or contingent rights, and that this relinquishment of rights covers all their heirs and successors.
The above relinquishment of rights applies worldwide and includes media and formats now known or created in the future.
3.2 Waiver of rights and claims in Copyright and Database Rights when Section 3.1 dedication inapplicable. If the dedication in Section 3.1 does not apply in the relevant jurisdiction under Section 6.4, the Rightsholder waives any rights and claims that the Rightsholder may have or acquire in the future over the Work in:
a. Copyright; and
b. Database Rights.
To the extent possible in the relevant jurisdiction, the above waiver of rights and claims applies worldwide and includes media and formats now known or created in the future. The Rightsholder agrees not to assert the above rights and waives the right to enforce them over the Work.
3.3 Licence of Copyright and Database Rights when Sections 3.1 and 3.2 inapplicable. If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the relevant jurisdiction under Section 6.4, the Rightsholder and You agree as follows:
a. The Licensor grants to You a worldwide, royalty-free, non-exclusive, licence to Use the Work for the duration of any applicable Copyright and Database Rights. These rights explicitly include commercial use, and do not exclude any field of endeavour. To the extent possible in the relevant jurisdiction, these rights may be exercised in all media and formats whether now known or created in the future.
3.4 Moral rights. This section covers moral rights, including the right to be identified as the author of the Work or to object to treatment that would otherwise prejudice the author's honour and reputation, or any other derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives all moral rights that Licensor may have in the Work to the fullest extent possible by the law of the relevant jurisdiction under Section 6.4;
b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction is not possible, Licensor agrees not to assert any moral rights over the Work and waives all claims in moral rights to the fullest extent possible by the law of the relevant jurisdiction under Section 6.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert moral rights under Section 3.4 a and b, the author may retain their moral rights over the copyrighted aspects of the Work.
Please note that some jurisdictions do not allow for the waiver of moral rights, and so moral rights may still subsist over the work in some jurisdictions.
4.0 Relationship to other rights
4.1 No other contractual conditions. The Rightsholder makes this Work available to You without any other contractual obligations, either express or implied. Any Community Norms statement associated with the Work is not a contract and does not form part of this Document.
4.2 Relationship to patents. This Document does not grant You a licence for any patents that the Rightsholder may own. Users of this Database are cautioned that they may have to clear other rights or consult other licences.
4.3 Relationship to trade marks. This Document does not grant You a licence for any trade marks that the Rightsholder may own or that the Rightsholder may use to cover the Work. Users of this Database are cautioned that they may have to clear other rights or consult other licences.
Part III: General provisions
5.0 Warranties, disclaimer, and limitation of liability
5.1 The Work is provided by the Rightsholder "as is" and without any warranty of any kind, either express or implied, whether of title, of accuracy or completeness, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.
5.2 Subject to any liability that may not be excluded or limited by law, the Rightsholder is not
liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Document, whether by You or by anyone else, and whether caused by any fault on the part of the Rightsholder or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Rightsholder has been advised of the possibility of such damages.
5.3 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Rightsholder.
6.0 General
6.1 If any provision of this Document is held to be invalid or unenforceable, that must not affect the validity or enforceability of the remainder of the terms of this Document.
6.2 This Document is the entire agreement between the parties with respect to the Work covered here. It replaces any earlier understandings, agreements or representations with respect to the Work not specified here.
6.3 This Document does not affect any rights that You or anyone else may independently have under any applicable law to make any use of this Work, including (for jurisdictions where this Document is a licence) fair dealing, fair use, database exceptions, or any other legally recognised limitation or exception to infringement of copyright or other applicable laws.
6.4 This Document takes effect in the relevant jurisdiction in which the Document terms are sought to be enforced. If the rights waived or granted under applicable law in the relevant jurisdiction includes additional rights not waived or granted under this Document, these additional rights are included in this Document in order to meet the intent of this Document.
PDF Creator Pilot License Agreement
This is a legal agreement ('Agreement') between you, the end user, and Two Pilots. This agreement defines the licensing terms for the PDF Creator Pilot which is software shipped as a Windows Installer Package and includes all related documentation, examples, web pages, and other materials which support the use of the PDF Creator Pilot (collectively, the 'Software').
This license is granted by Two Pilots for all products purchased either directly or through any authorized agent of the company.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO TWO PILOTS FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
This License will continue as long as you use the Software. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of PDF Creator Pilot that you have.
1. Ownership. The Software is and shall remain a proprietary product of Two Pilots. Two Pilots and Two Pilots' licensors shall retain ownership of all copyrights, patents, trademarks, trade names, trade secrets, and other proprietary rights relating to or residing in the Software. Except for the license grant provided in Section 2, you shall have no right, title, or interest in or to the Software. The Software is licensed, not sold, to you for you to use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement, you will only own the media (if any) on which the Software may have been provided, not the Software itself.
2. Grant of License.
Types of licenses. There are 5 (five) types of licenses issued for PDF Creator Pilot. These are:
a. Small Business License. License issued per company, for an unlimited number of developers provided that total number of employees at time of purchase is less than or equal to 10 (ten). License grants the right to use the Software by web and desktop applications that your company exposes to clients. Only disk-based generation is enabled. The 'Producer' field (a tag which exists in the properties of the generated PDF) always contains the 'PDF Creator Pilot' string.
b. Web License for Small Business. License issued per company, for an unlimited number of developers provided that total number of employees at time of purchase is less than or equal to 10 (ten). License grants right to use the Software by web and desktop applications that your company exposes to clients. Disk-based and in-memory generation is enabled. You may change the 'Producer' field of generated PDF files.
c. In-House License. License issued per company, for an unlimited number of developers. License grants right to use the Software by both web and desktop applications used within your company only. Disk-based and in-memory generation is enabled. The 'Producer' field (a tag which exists in the properties of the generated PDF) always contains the 'PDF Creator Pilot' string.
d. Application License. License issued per company, for an unlimited number of developers. License grants right to use the Software by desktop applications that your company sells/distributes to clients. Only disk-based generation is enabled. You may change the 'Producer' field of generated PDF files.
e. Web License. License issued per company, for an unlimited number of developers. License grants right to use the Software by both web and desktop applications that your company exposes/sells/distributes to clients. Disk-based and in-memory generation is enabled. You may change the 'Producer' field of generated PDF files.
Installation and Use. Two Pilots grants a limited, non-exclusive, non-transferable right to use the Software for the purpose of developing web (if the Software is licensed under any license type except Application License) and desktop applications. You may install and use the Software on any number of developer computers your company owns. You may also make copies of the Software for backup and archival purposes. You may use the Software in your specific purpose application programs, in which case Two Pilots grants you permission under Two Pilots copyright to use the Software as part of your programs. Also, if you purchased a Small Business License, Web License for Small Business, Application License, or Web License, Two Pilots grants you permission to give away or sell such programs without additional licenses or fees (i.e. 'royalty-free'), as long as all copies of these programs bear a valid copyright notice and provided that your program is not merely a set or subset of the Software or a compilation or development tool or library which includes all or a portion of the Software, or is otherwise a product that is generally competitive with or a substitute for software. This permission is granted solely for the purpose set forth above, and you are not authorized to use the Software in any other manner.
Redistribution. Two Pilots grants you a royalty-free right to distribute copies of the runtime files for use with applications you have developed using the Software, if the Software is licensed under a Small Business License, Web License for Small Business, Application License, or Web License. Distribution of Software runtime files is forbidden if the Software is licensed under an In-House License. Software runtime files are listed in Exhibit A. These libraries may not be distributed for any other purpose than to accompany software that you have developed using the Software.
3. Other Restrictions. You may not rent, lease, sub-license, transfer, or sell the Software. You may not translate, reverse engineer, decompile, or disassemble the Software except (and only to the extent) that such activity is expressly permitted by applicable law notwithstanding this limitation. Two Pilots reserves all rights not expressly granted to you.
4. Two Pilots may provide you with support services related to the Software during the 12 months after the Software is purchased. Use of support services is governed by Two Pilots policies. Any supplemental Software code provided to you as part of the support services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Two Pilots as part of the support services, Two Pilots may use such information for its business purposes, including product support and development. Two Pilots will not utilize such technical information in a form that personally identifies you.
5. Copyright. PDF Creator Pilot is owned by Two Pilots and is protected by United States copyright laws and international treaty provisions. You may make copies of PDF Creator Pilot for backup and archival purposes. You may not, under any circumstances, copy the manual and other written materials that accompany the Software.
6. Free and Trial Versions. Where the Software is provided free on a permanent, semi-permanent, limited use, or trial basis, all the terms relating to licensing shall be identical, save that you accept that there has been no financial gain on Two Pilots' part and as such you use the Software without warranty or guarantees of any kind. The risk is entirely yours, and you acknowledge this. You agree to indemnify us against all claims by you or any third party for any reason whatsoever. You accept that we have provided the Software for your sole benefit and have received nothing to our benefit and as such cannot be held responsible in any way or for any reason.
7. Limited Warranty. Two Pilots does not warrant that the functions contained in the Software will meet your requirement or that the operation of the Software will be uninterrupted or error free. The Software is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and/or suitability for a particular purpose. The user assumes the entire risk of any damage caused by the Software.
8. Limitation of Liability. In no event shall Two Pilots or its licensors be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if Two Pilots has been advised of the possibility of such damages. In any event, Two Pilots' liability for any claim, whether in contract, tort, or any other theory of liability will not exceed the license fee paid by you.
9. Governing law and general provisions. This Agreement will be governed by the laws of the United States of America, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. You may not ship, transfer, or export the Software into any country or use it in any manner prohibited by any export laws, restrictions, or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.
Copyright © 1999-2012 Two Pilots and its licensors. All rights reserved. The Software is copyrighted and protected by U.S. copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Web site: http://www.colorpilot.com/
Exhibit A
PDFCreatorPilot.DLL
PDFCreatorPilot.MSI
PUBLIC DOCUMENTATION LICENSE
Version 1.0
1.0 DEFINITIONS.
1.1. "Commercial Use" means distribution or otherwise making the
Documentation available to a third party.
1.2. "Contributor" means a person or entity who creates or contributes
to the creation of Modifications.
1.3. "Documentation" means the Original Documentation or Modifications
or the combination of the Original Documentation and Modifications, in
each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted for the electronic transfer of data.
1.5. "Initial Writer" means the individual or entity identified as the
Initial Writer in the notice required by the Appendix.
1.6. "Larger Work" means a work which combines Documentation or portions
thereof with documentation or other writings not governed by the terms
of this License.
1.7. "License" means this document.
1.8. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Documentation or any
previous Modifications, such as a translation, abridgment, condensation,
or any other form in which the Original Documentation or previous
Modifications may be recast, transformed or adapted. A work consisting
of editorial revisions, annotations, elaborations, and other
modifications which, as a whole represent an original work of
authorship, is a Modification. For example, when Documentation is
released as a series of documents, a Modification is:
A. Any addition to or deletion from the contents of the Original
Documentation or previous Modifications.
B. Any new documentation that contains any part of the Original
Documentation or previous Modifications.
1.9. "Original Documentation" means documentation described as Original
Documentation in the notice required by the Appendix, and which, at the
time of its release under this License is not already Documentation
governed by this License.
1.10. "Editable Form" means the preferred form of the Documentation for
making Modifications to it. The Documentation can be in an electronic,
compressed or archival form, provided the appropriate decompression or
de-archiving software is widely available for no charge.
1.11. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of this License or a
future version of this License issued under Section 5.0 ("Versions of
the License"). For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2.0 LICENSE GRANTS.
2.1 Initial Writer Grant.
The Initial Writer hereby grants You a world-wide, royalty-free, non-
exclusive license to use, reproduce, prepare Modifications of, compile,
publicly perform, publicly display, demonstrate, market, disclose and
distribute the Documentation in any form, on any media or via any
Electronic Distribution Mechanism or other method now known or later
discovered, and to sublicense the foregoing rights to third parties
through multiple tiers of sublicensees in accordance with the terms of
this License.
The license rights granted in this Section 2.1 ("Initial Writer Grant")
are effective on the date Initial Writer first distributes Original
Documentation under the terms of this License.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-
exclusive license to use, reproduce, prepare Modifications of, compile,
publicly perform, publicly display, demonstrate, market, disclose and
distribute the Documentation in any form, on any media or via any
Electronic Distribution Mechanism or other method now known or later
discovered, and to sublicense the foregoing rights to third parties
through multiple tiers of sublicensees in accordance with the terms of
this License.
The license rights granted in this Section 2.2 ("Contributor Grant") are
effective on the date Contributor first makes Commercial Use of the
Documentation.
3.0 DISTRIBUTION OBLIGATIONS
3.1. Application of License
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2 ("Contributor Grant"). The Documentation may be distributed
only under the terms of this License or a future version of this License
released in accordance with Section 5.0 ("Versions of the License"), and
You must include a copy of this License with every copy of the
Documentation You distribute. You may not offer or impose any terms that
alter or restrict the applicable version of this License or the
recipients' rights hereunder. However, You may include an additional
document offering the additional rights described in Section 3.5
("Required Notices").
3.2. Availability of Documentation.
Any Modification which You create or to which You contribute must be
made available publicly in Editable Form under the terms of this License
via a fixed medium or an accepted Electronic Distribution Mechanism.
3.3. Description of Modifications.
All Documentation to which You contribute must identify the changes You
made to create that Documentation and the date of any change. You must
include a prominent statement that the Modification is derived, directly
or indirectly, from Original Documentation provided by the Initial
Writer and include the name of the Initial Writer in the Documentation
or via an electronic link that describes the origin or ownership of the
Documentation. The foregoing change documentation may be created by
using an electronic program that automatically tracks changes to the
Documentation, and such changes must be available publicly for at least
five years following release of the changed Documentation.
3.4. Intellectual Property Matters.
Contributor represents that Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or Contributor
has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in the Appendix in each file of the
Documentation. If it is not possible to put such notice in a particular
Documentation file due to its structure, then You must include such
notice in a location (such as a relevant directory) where a reader would
be likely to look for such a notice, for example, via a hyperlink in
each file of the Documentation that takes the reader to a page that
describes the origin and ownership of the Documentation. If You created
one or more Modification(s) You may add your name as a Contributor to
the notice described in the Appendix.
You must also duplicate this License in any Documentation file (or with
a hyperlink in each file of the Documentation) where You describe
recipients' rights or ownership rights.
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Documentation. However, You may do so only on Your own behalf, and not
on behalf of the Initial Writer or any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify
the Initial Writer and every Contributor for any liability incurred by
the Initial Writer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Documentation with other
documents not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Documentation.
4.0 APPLICATION OF THIS LICENSE.
This License applies to Documentation to which the Initial Writer has
attached this License and the notice in the Appendix.
5.0 VERSIONS OF THE LICENSE.
5.1. New Versions.
Initial Writer may publish revised and/or new versions of the License
from time to time. Each version will be given a distinguishing version
number.
5.2. Effect of New Versions.
Once Documentation has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Documentation under the terms
of any subsequent version of the License published by
[Insert name of the foundation, company, Initial
Writer, or whoever may modify this License]. No one other than
[Insert name of the foundation, company, Initial
Writer, or whoever may modify this License] has the right to modify the
terms of this License. Filling in the name of the Initial Writer,
Original Documentation or Contributor in the notice described in the
Appendix shall not be deemed to be Modifications of this License.
6.0 DISCLAIMER OF WARRANTY.
DOCUMENTATION IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE DOCUMENTATION IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE
DOCUMENTATION IS WITH YOU. SHOULD ANY DOCUMENTATION PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL WRITER OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY DOCUMENTATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
7.0 TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Documentation which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.0 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
WRITER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF DOCUMENTATION, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THE USE OF THE
DOCUMENTATION, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
9.0 U.S. GOVERNMENT END USERS.
If Documentation is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at
any tier), then the Government's rights in Documentation will be only as
set forth in this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
10.0 MISCELLANEOUS.
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law, excluding its conflict-of-law provisions. With respect
to disputes or any litigation relating to this License, the losing party
is responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall not
apply to this License.
Appendix
Public Documentation License Notice
The contents of this Documentation are subject to the Public
Documentation License Version 1.0 (the "License"); you may only use this
Documentation if you comply with the terms of this License. A copy of
the License is available at [Insert hyperlink].
The Original Documentation is . The Initial Writer of
the Original Documentation is Copyright (C) [Insert
year(s)]. All Rights Reserved. (Initial Writer
contact(s): [Insert hyperlink/alias]).
Contributor(s): .
Portions created by are Copyright (C) [Insert year(s)].
All Rights Reserved. (Contributor contact(s): [Insert
hyperlink/alias]).
NOTE: The text of this Appendix may differ slightly from the text of the
notices in the files of the Original Documentation. You should use the
text of this Appendix rather than the text found in the Original
Documentation for Your Modifications.
Perl Kit, Version 1.0
Copyright (c) 1987, Larry Wall
You may copy the perl kit in whole or in part as long as you don't try to
make money off it, or pretend that you wrote it.
Permission is granted to copy and distribute this document for any
purpose and without charge, including translations into other
languages and incorporation into compilations, provided that the
copyright notice and this notice are preserved, and that any
substantive changes or deletions from the original are clearly
marked.
You expect me to believe that this stuff is free?
I could get people to pay for this? Yes, it's completely free - you'll find the minimalist terms and conditions in the various readme files (you do look at readme files, don't you?) in the release ZIP archives and in the help file; but basically you can use PFE at home, at work, in the car and any improbable location of your choice without paying me a penny (or cent, if you're across the planet from where I am).
But in the unlikely circumstance that you actually think you'd like to distribute PFE with your commercial product - (no, don't laugh - it was known to happen) - I would want to sell you a licence. Well, I do have a mortgage to pay and a computer to support.
PfTijah Public License Version 1.1
This License is a derivative of the MonetDB Public License Version 1.1, where the difference is that all references to "MonetDB" and "CWI" have been changed to "PfTijah" and "University of Twente"
1. Definitions.
1.0.1. "Commercial Use"
means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor"
means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version"
means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code"
means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable"
means Covered Code in any form other than Source Code.
1.6. "Initial Developer"
means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work"
means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License"
means this document.
1.8.1. "Licensable"
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications"
means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code"
means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims"
means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"
means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4 (a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
The "University of Twente" may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by "University of Twente". No one other than "University of Twente" has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "PfTijah", "University of Twente" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the PfTijah Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Termination
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. government end users
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the laws of The Netherlands and You hereby irrevocably agree that the Courts of Amsterdam, The Netherlands, are to have jurisdiction to settle any disputes which may arise out of or in connection with this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for claims
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-licensed code
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the PfTijah Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
Exhibit A - PfTijah Public License.
"The contents of this file are subject to the PfTijah Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://dbappl.cs.utwente.nl/Legal/PfTijah-1.1.html
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is .
The Initial Developer of the Original Code is .
Portions created by are Copyright (C)
. All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms
of the license (the "[ ] License"), in which case the
provisions of [ ] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [ ] License and not to allow others to use
your version of this file under the PfTijah Public License, indicate
your decision by deleting the provisions above and replace them with
the notice and other provisions required by the [ ] License. If you
do not delete the provisions above, a recipient may use your version
of this file under either the PfTijah Public License or the [ ] License."
NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.
The P.F.T.U.S(Protected Free To Use Software) License
Version 1.1x
Unless required by applicable law or agreed to in writing, software
distributed under this License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
You are not allowed to re-license this Software, Product, Binary, Source
Code at all; unless you are the copyright holder.
Your use of this software indicates your acceptance of this license agreement
and warranty. We reserve rights to change this license or completely remove it
at ANY TIME without ANY notice.
Please notice that you are refereed to as "You", "Your" and "Mirrorer" and
"Re-distributor"
SOURCE CODE
1. You do not have permissions to use this code to make a profit in ANY
POSSIBLE WAY, NOR are you allowed to use it for competing purposes[1];
contributing to the source code is allowed provided you do it either
via forking or similar way AND you don't make any kind of profit from it
unless you were specifically hired to contribute.
2. Mirroring is allowed as long as the mirrorer don't make any profit from
mirroring of the code.
BINARIES
1. Binaries may not be re-distributed at all[2]
2. Mirroring is allowed as long as the mirrorer don't make any profit
from mirroring the produced binaries.
DOCUMENTATION
1. Redistribution of the included documentation is allowed as long as the
re-distributor comply the the following term(s):
a. You shall not make any more profit from it than what the upkeep of
the documentation costs.
b. You shall link back to the original documentation in the header of
the redistribution web-page.
2. Re-writing new documentation is allowed as long as it comply to the
following term(s):
a. It's clearly stated in the documentation that it isn't official.
b. You are allowed to make a profit from it; as long as it is under
10 000 USD annually.
Please notice that you can request written permission from the owner of this
Source Code/Binary or Project for Redistribution, using this software
for competing purposes or/and bypass the whole license.
1. "competing purposes" means ANY software on ANY platform that is designed to
be used in similar fashion(eg serves the same or similar purposes as the
original software).
2. This doesn't apply to the following domains:
* github.com
* AND any domain with written permissions
Changing is not permitted,
redistribution is allowed. Some rights reserved.
ACADEMIC NON-COMMERCIAL END USER LICENCE AGREEMENT
Software: PHASER
This End User Licence Agreement is a legal agreement between you the "Licensee" (in your capacity as an individual and as an agent for your institution or other entity) and Cambridge University Technical Services Limited ("CUTS") whose registered office is at 16 Mill Lane, Cambridge, CB2 1SB UK.
CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the University of Cambridge which holds title in intellectual property rights including in the Software and carries on trading, business and technology transfer transactions on behalf of the University of Cambridge.
CUTS is the entire legal and beneficial owner and licensor of the Software and desires to grant on the Software non-exclusive, restricted-use licences for in-house use to appropriate academic and non-commercial third parties.
Downloading the Software from its internet publication site (restricted access via user ID and password) at http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or using of the Software by you indicates your agreement to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not download, install or use the Software.
AGREED TERMS
1. DEFINITIONS
1.1 In this Agreement the following words and phrases shall, unless the context otherwise requires, have the following meanings:
Commencement Date means the initial date of download of the Software from its internet publication site by the Licensee;
Derivatives means computer programs in machine readable object code or source code form developed or otherwise acquired by the Licensee which are a modification of, enhancement to, derived from or based upon the Software;
Intellectual Property Rights means all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;
Parties means CUTS and the Licensee and "Party" shall mean either of them;
Software means the computer program and version listed at the head of this Agreement.
2. GRANT OF LICENCE
2.1 CUTS hereby grants to the Licensee and the Licensee hereby accepts a non-exclusive, non-transferable, royalty-free licence, commencing on the Commencement Date and for a term of five years therefrom, to download, install and use the Software subject to the following terms and conditions:
(a) the Licensee may use the Software solely for its internal use and the Licensee shall not sell, give, disclose, lend, transfer, sublicense or otherwise distribute the Software to any third party, or allow the Software to be accessed over the internet or in any other manner that would allow access to the Software by anyone other than the Licensee's employees (and consultants and contractors provided such use is solely for the Licensee's internal use and subject to the provisions of this Agreement);
(b) the Licensee may create Derivatives solely for its own internal use but shall not distribute the Software or any Derivatives in whole or in part to any third party;
(c) the Software may be installed and used only on computers owned or leased by the Licensee;
(d) the Licensee may copy the Software solely to the extent necessary to exercise this Licence, and for backup, disaster recovery and archival purposes, provided that the Licensee shall retain on all copies of the Software the following copyright notice: (C) 2000-2005. Cambridge University Technical Services Limited. All rights reserved.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Licensee acknowledges that all Intellectual Property Rights in the Software and any copies thereof belong and shall belong to CUTS and the Licensee shall have no rights in or to the Software other than the right to use it in accordance with the terms of the Licence in this Agreement.
3.2 Title to and ownership of any portion of the Software incorporated into Derivatives shall at all times remain with CUTS and the Licensee shall not have any title or ownership interest therein.
3.3 Title to and ownership of any portion of Derivatives created by the Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be held by the Licensee. Nothing contained in this Licence shall be construed to limit CUTS rights to modify or to develop other derivatives of the Software which are similar to or offer the same or similar improvements as any Derivatives developed by the Licensee.
3.4 Error fixes, bug fixes, technical suggestions, comments and suggested improvements to the Software and its code are welcome by the authors of the Software and CUTS, and in agreeing to provide these to the authors or to CUTS the Licensee hereby assigns the Intellectual Property Rights in error fixes, bug fixes, or technical improvements to CUTS which are communicated in any manner or medium to the authors of the Software or CUTS with a reservation of use of those improvements and suggestions by the Licensee subject to the terms and conditions of the Licence in this Agreement.
4. NO MAINTENANCE OR SUPPORT
4.1 CUTS is under no obligation whatsoever to:
(a) provide maintenance or support for the Software; or
(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to the features, functionality or performance of the Software ("Enhancements") (if any), whether developed by CUTS or third parties. If, in its sole discretion, CUTS makes an Enhancement available to the Licensee and CUTS does not separately enter into a written licence agreement with the Licensee relating to such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software and subject to this Agreement.
5. DISCLAIMER OF WARRANTIES
5.1 CUTS warrants that the Software will conform substantially with its functional specifications. Otherwise the Software is supplied "as is" without warranty of any kind. CUTS, its licensors and its employees:
(a) disclaim any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights;
(b) do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the Software;
(c) do not represent that use of the Software will not infringe privately owned rights;
(d) do not warrant that the Software will function uninterrupted, that it is error-free or that any errors will be corrected.
6. LIMITATION OF LIABILITY
6.1 The Software is provided for academic non-commercial purposes only. Therefore, in no event will CUTS or its licensors or its employees be liable to the Licensee for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if CUTS has been warned of the possibility of such loss or damages.
6.2 The limitations and exclusions in this Agreement shall not apply in respect of claims for personal injury or death caused by the negligence of CUTS, its licensors or its employees or in respect of fraud or fraudulent misrepresentation.
7. INDEMNITY
7.1 The Licensee shall indemnify CUTS, the Software authors, the Software sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damages, costs, fees, and expenses arising out of or in connection with any claim or threatened claim by any third party relating to or arising from the use of the Software by the Licensee. The Licensee shall pay all costs incurred by CUTS in enforcing this provision.
8. TERM AND TERMINATION
8.1 This Agreement and the Licence granted herein shall come into effect on the Commencement Date and will continue for the duration of five years therefrom unless terminated by CUTS in accordance with this Agreement. If the Licensee breaches any term of this Agreement, and fails to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon such termination the Licensee shall immediately cease using the Software, return to CUTS or destroy all copies of the Software, and provide CUTS with written certification of the Licensee's compliance with the foregoing. Termination shall not relieve the Licensee from its obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10, 13, 14 and 18 shall survive termination of this Agreement.
9. CONFIDENTIALITY
9.1 The Licensee agrees and undertakes that during the term of the Licence in this Agreement and thereafter it will keep confidential all, and will not use for its own purposes nor without the prior written consent of CUTS disclose to any third party any information of a confidential nature (including trade secrets and information of commercial value) which may become known to the Licensee and which relates to CUTS unless such information is public knowledge or already known to the Licensee at the time of disclosure or subsequently becomes public knowledge other by breach of the Licence in this Agreement or subsequently comes lawfully into the possession of the Licensee from a third party.
10. NO SUBLICENSING AND NO ASSIGNMENT
10.1 The Licensee shall have no right to sub-license or to assign, transfer, charge or deal in any other manner the benefit or burden of the Licence in this Agreement in whole or in part or to allow the Software to become the subject of any charge, lien or encumbrance without the prior written consent of CUTS such consent may be withheld without giving any reasons.
11. WAIVER
11.1 No forbearance or delay by either party in enforcing its rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
12. SEVERABILITY
12.1 If any provision of the Licence in this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
13. NO AGENCY OR PARTNERSHIP
13.1 Nothing contained or implied in this Agreement constitutes a Party the partner, agent, or legal representative of another party or of the other Party for any purpose or creates any partnership, agency or trust, and no Party has any authority to bind the other Party in any way.
14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and nothing in this Agreement shall confer or purport to confer on or operate to give any third Party any benefit or any right to enforce any term of this Agreement.
15. NOTICES
15.1 Any notice to be given under this Agreement shall be in writing and delivered by hand, prepaid registered post or facsimile to a Party at the address set out at the head of this Agreement or to such other address or fax number as any Party may specify in writing to another. Notices are deemed to have been given:
(a) if delivered by hand, at the time of delivery unless delivered after 5pm in the place of receipt or on a non-business day, in which case the notice is deemed to have been given at 9am the next business day;
(b) if sent by registered post from within the United Kingdom, three business days after posting (or seven business days if posted from outside the United Kingdom); and
(c) if sent by facsimile, at the time the facsimile is received shown in the transmission report as the time that the whole facsimile was sent unless received after 5pm in the place of receipt or on a non-business day, in which case the notice is deemed to have been given at 9am the next business day. Any notice served by facsimile transmission shall be confirmed by post.
16. ENTIRE AGREEMENT
16.1 This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all negotiations, understandings or previous agreement between the Parties relating to the subject matter of this Agreement.
17. GOVERNING LAW
17.1 This Agreement and any documents to be entered into pursuant to it shall be governed by and construed in accordance with English law and each Party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement and the documents entered into pursuant to it.
18. EXPORT CONTROL REGULATIONS
18.1 'Export Control Regulations' means any United Nations trade sanctions or EU or UK legislation or regulation, from time to time in force, which impose arms embargoes or control of export of goods, technology or software.
18.2 The Licensee shall ensure that, in using the Software it shall not and nor shall its employees breach or compromise directly of indirectly compliance with any Export Control Regulations.
COMMERCIAL END USER LICENCE AGREEMENT (CCP4)
Software: PHASER
This End User Licence Agreement ("Agreement") is a legal agreement between your company the "Licensee" and CAMBRIDGE UNIVERSITY TECHNICAL SERVICES LIMITED ("CUTS") whose registered office is at 16 Mill Lane, Cambridge, CB2 1SB UK.
CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the University of Cambridge which holds title in intellectual property rights including in the Software and carries on trading, business and technology transfer transactions on behalf of the University of Cambridge.
CUTS is the entire legal and beneficial owner and licensor of the Software and is willing to license use of the Software by the Licensee. As a condition precedent to the execution and performance of this Licence, the Licensee (and/or any of its Affiliates, if applicable, the Licensee and its Affiliates collectively referred to as the "Licensee" for the purposes of this Agreement) will have paid up annual fees to the Council for the Central Laboratory of the Research Councils ("CCLRC") for use of software, including the Software which is the subject of the Licence in this Agreement, which has been assembled by the CCLRC with support from the Biotechnology and Biological Sciences Research Council ("BBSRC") of the UK as part of the Collaborative Computational Project Number 4 ("CCP4").
Downloading the Software from its internet publication site (restricted access via user ID and password) at http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or use of the Software by the Licensee indicates the Licensee's agreement to be bound by the terms and conditions of this Agreement. If the Licensee does not agree to these terms and conditions, the Licensee may not download, install or use the Software.
AGREED TERMS
1. DEFINITIONS
1.1 In this Agreement the following words and phrases shall, unless the context otherwise requires, have the following meanings:
Commencement Date means the initial date of download of the Software from its internet publication site by the Licensee;
Derivatives means computer programs in machine readable object code or source code form developed or otherwise acquired by the Licensee which are a modification of, enhancement to, derived from or based upon the Software;
Fee means the annual licence fee payable by the Licensee to the CCLRC;
Intellectual Property Rights means all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;
Parties means CUTS and the Licensee and "Party" shall mean either of them;
Software means the computer program and version listed at the head of this Agreement.
2. GRANT OF LICENCE
2.1 In consideration of the Fee, CUTS hereby grants to the Licensee a non-exclusive, non-transferable, royalty-free licence, commencing on the Commencement Date and for the duration of payment of the Fee, to download, install and use the Software subject to the following terms and conditions:
(a) the Licensee may use the Software solely for its internal use and the Licensee shall not sell, give, disclose, lend, transfer, sublicense or otherwise distribute the Software to any third party, or allow the Software to be accessed over the internet or in any other manner that would allow access to the Software by anyone other than the Licensee's employees (and consultants and contractors provided such use is solely for the Licensee's internal use and subject to the provisions of this Agreement);
(b) the Licensee may create Derivatives solely for its own internal use but shall not distribute the Software or any Derivatives in whole or in part to any third party;
(c) the Software may be installed and used only on computers owned or leased by the Licensee;
(d) the Licensee may copy the Software solely to the extent necessary to exercise this Licence, and for backup, disaster recovery and archival purposes, provided that the Licensee shall retain on all copies of the Software the following copyright notice: (C) 2000-2005. Cambridge University Technical Services Limited. All rights reserved.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Licensee acknowledges that all Intellectual Property Rights in the Software belong and shall belong to CUTS and the Licensee shall have no rights in or to the Software other than the right to use it in accordance with the terms of the Licence in this Agreement.
3.2 Title to and ownership of any portion of the Software incorporated into Derivatives shall at all times remain with CUTS and the Licensee shall not have any title or ownership interest therein.
3.3 Title to and ownership of any portion of Derivatives created by the Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be held by the Licensee. Nothing contained in this Licence shall be construed to limit CUTS rights to modify or to develop other derivatives of the Software which are similar to or offer the same or similar improvements as any Derivatives developed by the Licensee.
3.4 Error fixes, bug fixes, technical suggestions, comments and suggested improvements to the Software and its code are welcome by the authors of the Software and CUTS, and in agreeing to provide these to the authors or to CUTS the Licensee hereby assigns the Intellectual Property Rights in error fixes, bug fixes, or technical improvements to CUTS which are communicated in any manner or medium to the authors of the Software or CUTS with a reservation of use of those improvements and suggestions by the Licensee subject to the terms and conditions of the Licence in this Agreement.
4. NO MAINTENANCE OR SUPPORT
4.1 CUTS is under no obligation whatsoever to:
(a) provide maintenance or support for the Software; or
(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to the features, functionality or performance of the Software ("Enhancements") (if any), whether developed by CUTS or third parties. If, in its sole discretion, CUTS makes an Enhancement available to the Licensee and CUTS does not separately enter into a written licence agreement with the Licensee relating to such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software and subject to this Agreement.
5. DISCLAIMER OF WARRANTIES
5.1 CUTS warrants that the Software will conform substantially with its functional specifications. Otherwise the Software is supplied "as is" without warranty of any kind. CUTS, its licensors and its employees:
(a) disclaim any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights;
(b) do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the Software;
(c) do not represent that use of the Software will not infringe privately owned rights;
(d) do not warrant that the Software will function uninterrupted, that it is error-free or that any errors will be corrected.
6. LIMITATION OF LIABILITY
6.1 In no event will CUTS or its licensors or its employees be liable to the Licensee for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if CUTS has been warned of the possibility of such loss or damages. In no event shall CUTS' liability arising from or in connection with this Agreement exceed a sum equivalent to the annual Fee paid by the Licensee to CCLRC for use of the Software.
6.2 The limitations and exclusions in this Agreement shall not apply in respect of claims for personal injury or death caused by the negligence of CUTS, its licensors or its employees or in respect of fraud or fraudulent misrepresentation.
7. INDEMNITY
7.1 The Licensee shall indemnify CUTS, the Software authors, the Software sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damages, costs, fees, and expenses arising out of or in connection with any claim or threatened claim by any third party relating to or arising from the use of the Software by the Licensee. The Licensee shall pay all costs incurred by CUTS in enforcing this provision.
8. TERM AND TERMINATION
8.1 This Agreement and the Licence granted herein shall come into effect on the Commencement Date and will continue for the duration of payment of the Fee unless terminated by CUTS in accordance with this Agreement. If the Licensee breaches any term of this Agreement, and fails to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon such termination the Licensee shall immediately cease using the Software, return to CUTS or destroy all copies of the Software, and provide CUTS with written certification of the Licensee's compliance with the foregoing. Termination shall not relieve the Licensee from its obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10, 13, 14 and 18 shall survive termination of this Agreement.
9. CONFIDENTIALITY
9.1 The Licensee agrees and undertakes that during the term of the Licence in this Agreement and thereafter it will keep confidential all, and will not use for its own purposes nor without the prior written consent of CUTS disclose to any third party any information of a confidential nature (including trade secrets and information of commercial value) which may become known to the Licensee and which relates to CUTS unless such information is public knowledge or already known to the Licensee at the time of disclosure or subsequently becomes public knowledge other by breach of the Licence in this Agreement or subsequently comes lawfully into the possession of the Licensee from a third party.
10. NO SUBLICENSING AND NO ASSIGNMENT
10.1 The Licensee shall have no right to sub-license or to assign, transfer, charge or deal in any other manner the benefit or burden of the Licence in this Agreement in whole or in part or to allow the Software to become the subject of any charge, lien or encumbrance without the prior written consent of CUTS such consent may be withheld without giving any reasons.
11. WAIVER
11.1 No forbearance or delay by either party in enforcing its rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
12. SEVERABILITY
12.1 If any provision of the Licence in this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
13. NO AGENCY OR PARTNERSHIP
13.1 Nothing contained or implied in this Agreement constitutes a Party the partner, agent, or legal representative of another party or of the other Party for any purpose or creates any partnership, agency or trust, and no Party has any authority to bind the other Party in any way.
14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and nothing in this Agreement shall confer or purport to confer on or operate to give any third Party any benefit or any right to enforce any term of this Agreement except as expressly provided in this Agreement.
15. NOTICES
15.1 Any notice to be given under this Agreement shall be in writing and delivered by hand, prepaid registered post or facsimile to a Party at the address set out at the head of this Agreement or to such other address or fax number as any Party may specify in writing to another. Notices are deemed to have been given:
(a) if delivered by hand, at the time of delivery unless delivered after 5pm in the place of receipt or on a non-business day, in which case the notice is deemed to have been given at 9am the next business day;
(b) if sent by registered post from within the United Kingdom, three business days after posting (or seven business days if posted from outside the United Kingdom); and
(c) if sent by facsimile, at the time the facsimile is received shown in the transmission report as the time that the whole facsimile was sent unless received after 5pm in the place of receipt or on a non-business day, in which case the notice is deemed to have been given at 9am the next business day. Any notice served by facsimile transmission shall be confirmed by post.
16. ENTIRE AGREEMENT
16.1 This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all negotiations, understandings or previous agreement between the Parties relating to the subject matter of this Agreement.
17. GOVERNING LAW
17.1 This Agreement and any documents to be entered into pursuant to it shall be governed by and construed in accordance with English law and each Party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement and the documents entered into pursuant to it.
18. EXPORT CONTROL REGULATIONS
18.1 'Export Control Regulations' means any United Nations trade sanctions or EU or UK legislation or regulation, from time to time in force, which impose arms embargoes or control of export of goods, technology or software.
18.2 The Licensee shall ensure that, in using the Software it shall not and nor shall its employees or consultants or contractors breach or compromise directly of indirectly compliance with any Export Control Regulations.
COMMERCIAL END USER LICENCE AGREEMENT (PHENIX)
Software: PHASER
This End User Licence Agreement ("Agreement") is a legal agreement between your company the "Licensee" and CAMBRIDGE UNIVERSITY TECHNICAL SERVICES LIMITED ("CUTS") whose registered office is at 16 Mill Lane, Cambridge, CB2 1SB UK.
CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the University of Cambridge which holds title in intellectual property rights including in the Software and carries on trading, business and technology transfer transactions on behalf of the University of Cambridge.
CUTS is the entire legal and beneficial owner and licensor of the Software and is willing to license use of the Software by the Licensee. As a condition precedent to the execution and performance of this Licence, the Licensee (and/or any of its Affiliates, if applicable, the Licensee and its Affiliates collectively referred to as the "Licensee" for the purposes of this Agreement) will have paid up annual fees to the PHENIX Industry Consortium for use of software, including the Software which is the subject of the Licence in this Agreement, which has been assembled for the PHENIX Industry Consortium.
Downloading the Software from its internet publication site (restricted access via user ID and password) at http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or use of the Software by the Licensee indicates the Licensee's agreement to be bound by the terms and conditions of this Agreement. If the Licensee does not agree to these terms and conditions, the Licensee may not download, install or use the Software.
AGREED TERMS
1. DEFINITIONS
1.1 In this Agreement the following words and phrases shall, unless the context otherwise requires, have the following meanings:
Commencement Date means the initial date of download of the Software from its internet publication site by the Licensee;
Derivatives means computer programs in machine readable object code or source code form developed or otherwise acquired by the Licensee which are a modification of, enhancement to, derived from or based upon the Software;
Fee means the annual licence fee payable by the Licensee to the PHENIX Industry Consortium;
Intellectual Property Rights means all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;
Parties means CUTS and the Licensee and "Party" shall mean either of them;
Software means the computer program and version listed at the head of this Agreement.
2. GRANT OF LICENCE
2.1 In consideration of the Fee, CUTS hereby grants to the Licensee a non-exclusive, non-transferable, royalty-free licence, commencing on the Commencement Date and for the duration of payment of the Fee, to download, install and use the Software subject to the following terms and conditions:
(a) the Licensee may use the Software solely for its internal use and the Licensee shall not sell, give, disclose, lend, transfer, sublicense or otherwise distribute the Software to any third party, or allow the Software to be accessed over the internet or in any other manner that would allow access to the Software by anyone other than the Licensee's employees (and consultants and contractors provided such use is solely for the Licensee's internal use and subject to the provisions of this Agreement);
(b) the Licensee may create Derivatives solely for its own internal use but shall not distribute the Software or any Derivatives in whole or in part to any third party;
(c) the Software may be installed and used only on computers owned or leased by the Licensee;
(d) the Licensee may copy the Software solely to the extent necessary to exercise this Licence, and for backup, disaster recovery and archival purposes, provided that the Licensee shall retain on all copies of the Software the following copyright notice: (C) 2000-2005. Cambridge University Technical Services Limited. All rights reserved.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Licensee acknowledges that all Intellectual Property Rights in the Software belong and shall belong to CUTS and the Licensee shall have no rights in or to the Software other than the right to use it in accordance with the terms of the Licence in this Agreement.
3.2 Title to and ownership of any portion of the Software incorporated into Derivatives shall at all times remain with CUTS and the Licensee shall not have any title or ownership interest therein.
3.3 Title to and ownership of any portion of Derivatives created by the Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be held by the Licensee. Nothing contained in this Licence shall be construed to limit CUTS rights to modify or to develop other derivatives of the Software which are similar to or offer the same or similar improvements as any Derivatives developed by the Licensee.
3.4 Error fixes, bug fixes, technical suggestions, comments and suggested improvements to the Software and its code are welcome by the authors of the Software and CUTS, and in agreeing to provide these to the authors or to CUTS the Licensee hereby assigns the Intellectual Property Rights in error fixes, bug fixes, or technical improvements to CUTS which are communicated in any manner or medium to the authors of the Software or CUTS with a reservation of use of those improvements and suggestions by the Licensee subject to the terms and conditions of the Licence in this Agreement.
4. NO MAINTENANCE OR SUPPORT
4.1 CUTS is under no obligation whatsoever to:
(a) provide maintenance or support for the Software; or
(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to the features, functionality or performance of the Software ("Enhancements") (if any), whether developed by CUTS or third parties. If, in its sole discretion, CUTS makes an Enhancement available to the Licensee and CUTS does not separately enter into a written licence agreement with the Licensee relating to such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software and subject to this Agreement.
5. DISCLAIMER OF WARRANTIES
5.1 CUTS warrants that the Software will conform substantially with its functional specifications. Otherwise the Software is supplied "as is" without warranty of any kind. CUTS, its licensors and its employees:
(a) disclaim any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights;
(b) do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the Software;
(c) do not represent that use of the Software will not infringe privately owned rights;
(d) do not warrant that the Software will function uninterrupted, that it is error-free or that any errors will be corrected.
6. LIMITATION OF LIABILITY
6.1 In no event will CUTS or its licensors or its employees be liable to the Licensee for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if CUTS has been warned of the possibility of such loss or damages. In no event shall CUTS' liability arising from or in connection with this Agreement exceed a sum equivalent to the annual Fee paid by the Licensee to the PHENIX Industry Consortium for use of the Software.
6.2 The limitations and exclusions in this Agreement shall not apply in respect of claims for personal injury or death caused by the negligence of CUTS, its licensors or its employees or in respect of fraud or fraudulent misrepresentation.
7. INDEMNITY
7.1 The Licensee shall indemnify CUTS, the Software authors, the Software sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damages, costs, fees, and expenses arising out of or in connection with any claim or threatened claim by any third party relating to or arising from the use of the Software by the Licensee. The Licensee shall pay all costs incurred by CUTS in enforcing this provision.
8. TERM AND TERMINATION
8.1 This Agreement and the Licence granted herein shall come into effect on the Commencement Date and will continue for the duration of payment of the Fee unless terminated by CUTS in accordance with this Agreement. If the Licensee breaches any term of this Agreement, and fails to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon such termination the Licensee shall immediately cease using the Software, return to CUTS or destroy all copies of the Software, and provide CUTS with written certification of the Licensee's compliance with the foregoing. Termination shall not relieve the Licensee from its obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10, 13, 14 and 18 shall survive termination of this Agreement.
9. CONFIDENTIALITY
9.1 The Licensee agrees and undertakes that during the term of the Licence in this Agreement and thereafter it will keep confidential all, and will not use for its own purposes nor without the prior written consent of CUTS disclose to any third party any information of a confidential nature (including trade secrets and information of commercial value) which may become known to the Licensee and which relates to CUTS unless such information is public knowledge or already known to the Licensee at the time of disclosure or subsequently becomes public knowledge other by breach of the Licence in this Agreement or subsequently comes lawfully into the possession of the Licensee from a third party.
10. NO SUBLICENSING AND NO ASSIGNMENT
10.1 The Licensee shall have no right to sub-license or to assign, transfer, charge or deal in any other manner the benefit or burden of the Licence in this Agreement in whole or in part or to allow the Software to become the subject of any charge, lien or encumbrance without the prior written consent of CUTS such consent may be withheld without giving any reasons.
11. WAIVER
11.1 No forbearance or delay by either party in enforcing its rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
12. SEVERABILITY
12.1 If any provision of the Licence in this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
13. NO AGENCY OR PARTNERSHIP
13.1 Nothing contained or implied in this Agreement constitutes a Party the partner, agent, or legal representative of another party or of the other Party for any purpose or creates any partnership, agency or trust, and no Party has any authority to bind the other Party in any way.
14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and nothing in this Agreement shall confer or purport to confer on or operate to give any third Party any benefit or any right to enforce any term of this Agreement except as expressly provided in this Agreement.
15. NOTICES
15.1 Any notice to be given under this Agreement shall be in writing and delivered by hand, prepaid registered post or facsimile to a Party at the address set out at the head of this Agreement or to such other address or fax number as any Party may specify in writing to another. Notices are deemed to have been given:
(a) if delivered by hand, at the time of delivery unless delivered after 5pm in the place of receipt or on a non-business day, in which case the notice is deemed to have been given at 9am the next business day;
(b) if sent by registered post from within the United Kingdom, three business days after posting (or seven business days if posted from outside the United Kingdom); and
(c) if sent by facsimile, at the time the facsimile is received shown in the transmission report as the time that the whole facsimile was sent unless received after 5pm in the place of receipt or on a non-business day, in which case the notice is deemed to have been given at 9am the next business day. Any notice served by facsimile transmission shall be confirmed by post.
16. ENTIRE AGREEMENT
16.1 This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all negotiations, understandings or previous agreement between the Parties relating to the subject matter of this Agreement.
17. GOVERNING LAW
17.1 This Agreement and any documents to be entered into pursuant to it shall be governed by and construed in accordance with English law and each Party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement and the documents entered into pursuant to it.
18. EXPORT CONTROL REGULATIONS
18.1 'Export Control Regulations' means any United Nations trade sanctions or EU or UK legislation or regulation, from time to time in force, which impose arms embargoes or control of export of goods, technology or software.
18.2 The Licensee shall ensure that, in using the Software it shall not and nor shall its employees or consultants or contractors breach or compromise directly of indirectly compliance with any Export Control Regulations.
Feel free to use this code any way you wish, but please remember it comes without any sort of warranty.
This program is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE.
This source code and any compilation or derivative thereof is the sole
property of Philips Corporation and is provided pursuant to a Software
License Agreement. This code is the proprietary information of
Philips Corporation and is confidential in nature. Its use and
dissemination by any party other than Philips Corporation is strictly
limited by the confidential information provisions of the Agreement
referenced above.
The Phorum License 2.0.
Copyright (c) 2001 The Phorum Development Team. All rights
reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by the
Phorum Development Team (http://phorum.org/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The names "Phorum" and "Phorum Development Team" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact core@phorum.org.
5. Products derived from this software may not be called "Phorum",
nor may "Phorum" appear in their name, without prior written
permission of the Phorum Development Team.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE PHORUM DEVELOPMENT TEAM OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
====================================================================
This software consists of voluntary contributions made by many
individuals on behalf of the Phorum Development Team. For more
information on Phorum , please see
<http://phorum.org/>.
This license is based on The Apache Software License Version 1.1.
Only the names, email addresses and urls were changed.
Permission was granted from The Apache Software Foundation to use
their license.
The original version of the license is copyright (c) 2000 The Apache
Software Foundation. All rights reserved.
For more information on the Apache Software Foundation, please
see <http://www.apache.org/>.
--------------------------------------------------------------------
The PHP License, version 2.02
Copyright (c) 1999 - 2002 The PHP Group. All rights reserved.
--------------------------------------------------------------------
Redistribution and use in source and binary forms, with or without
modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. The name "PHP" must not be used to endorse or promote products
derived from this software without prior permission from the
PHP Group. This does not apply to add-on libraries or tools
that work in conjunction with PHP. In such a case the PHP
name may be used to indicate that the product supports PHP.
4. The PHP Group may publish revised and/or new versions of the
license from time to time. Each version will be given a
distinguishing version number.
Once covered code has been published under a particular version
of the license, you may always continue to use it under the
terms of that version. You may also choose to use such covered
code under the terms of any subsequent version of the license
published by the PHP Group. No one other than the PHP Group has
the right to modify the terms applicable to covered code created
under this License.
5. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes PHP, freely available from
http://www.php.net/".
6. The software incorporates the Zend Engine, a product of Zend
Technologies, Ltd. ("Zend"). The Zend Engine is licensed to the
PHP Association (pursuant to a grant from Zend that can be
found at http://www.php.net/license/ZendGrant/) for
distribution to you under this license agreement, only as a
part of PHP. In the event that you separate the Zend Engine
(or any portion thereof) from the rest of the software, or
modify the Zend Engine, or any portion thereof, your use of the
separated or modified Zend Engine software shall not be governed
by this license, and instead shall be governed by the license
set forth at http://www.zend.com/license/ZendLicense/.
THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP
DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
--------------------------------------------------------------------
This software consists of voluntary contributions made by many
individuals on behalf of the PHP Group.
The PHP Group can be contacted via Email at group@php.net.
For more information on the PHP Group and the PHP project,
please see <http://www.php.net>.
--------------------------------------------------------------------
The PHP License, version 3.0
Copyright (c) 1999 - 2006 The PHP Group. All rights reserved.
--------------------------------------------------------------------
Redistribution and use in source and binary forms, with or without
modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The name "PHP" must not be used to endorse or promote products
derived from this software without prior written permission. For
written permission, please contact group@php.net.
4. Products derived from this software may not be called "PHP", nor
may "PHP" appear in their name, without prior written permission
from group@php.net. You may indicate that your software works in
conjunction with PHP by saying "Foo for PHP" instead of calling
it "PHP Foo" or "phpfoo"
5. The PHP Group may publish revised and/or new versions of the
license from time to time. Each version will be given a
distinguishing version number.
Once covered code has been published under a particular version
of the license, you may always continue to use it under the terms
of that version. You may also choose to use such covered code
under the terms of any subsequent version of the license
published by the PHP Group. No one other than the PHP Group has
the right to modify the terms applicable to covered code created
under this License.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes PHP, freely available from
<http://www.php.net/>".
THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP
DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
--------------------------------------------------------------------
This software consists of voluntary contributions made by many
individuals on behalf of the PHP Group.
The PHP Group can be contacted via Email at group@php.net.
For more information on the PHP Group and the PHP project,
please see <http://www.php.net>.
This product includes the Zend Engine, freely available at
<http://www.zend.com>.
The PHP License, version 3.01
Copyright (c) 1999 - 2012 The PHP Group. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The name "PHP" must not be used to endorse or promote products
derived from this software without prior written permission. For
written permission, please contact group@php.net.
4. Products derived from this software may not be called "PHP", nor
may "PHP" appear in their name, without prior written permission
from group@php.net. You may indicate that your software works in
conjunction with PHP by saying "Foo for PHP" instead of calling
it "PHP Foo" or "phpfoo"
5. The PHP Group may publish revised and/or new versions of the
license from time to time. Each version will be given a
distinguishing version number.
Once covered code has been published under a particular version
of the license, you may always continue to use it under the terms
of that version. You may also choose to use such covered code
under the terms of any subsequent version of the license
published by the PHP Group. No one other than the PHP Group has
the right to modify the terms applicable to covered code created
under this License.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes PHP software, freely available from
<http://www.php.net/software/>".
THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP
DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
--------------------------------------------------------------------
This software consists of voluntary contributions made by many
individuals on behalf of the PHP Group.
The PHP Group can be contacted via Email at group@php.net.
For more information on the PHP Group and the PHP project,
please see <http://www.php.net>.
PHP includes the Zend Engine, freely available at
<http://www.zend.com>.
Pine License and Legal Notices
Pine and Pico are registered trademarks of the University of Washington. No commercial use of these
trademarks may be made without prior written permission of the University of Washington.
Pine, Pico, and Pilot software and its included text are Copyright 1989-2007 by
the University of Washington.
Use of Pine/Pico/Pilot: You may compile and execute these programs for any purpose, including
commercial, without paying anything to the University of Washington, provided that the legal notices are
maintained intact and honored.
Local modification of this release is permitted as follows, or by mutual agreement: In order to
reduce confusion and facilitate debugging, we request that locally modified versions be denoted by
appending the letter "L" to the current version number, and that the local changes be
enumerated in the integral release notes and associated documentation.
Redistribution of this release is permitted as follows, or by mutual
agreement:
(a) In free-of-charge or at-cost distributions by non-profit concerns;
(b) In free-of-charge distributions by for-profit concerns;
(c) Inclusion in a CD-ROM collection of free-of-charge, shareware, or
non-proprietary software for which a fee may be charged for the
packaged distribution.
Redistribution of binary versions is further constrained by license agreements for incorporated
libraries from third parties, e.g. LDAP, GSSAPI.
The University of Washington encourages unrestricted distribution of
individual patches to the Pine system. By "patches" we mean
"difference" files that can be applied to the University of
Washington Pine source distribution in order to accomplish bug fixes,
minor enhancements, or adaptation to new operating systems. Submission of
these patches to University of Washington for possible inclusion in future
Pine versions is also encouraged, with the understanding that they would
be treated the same as all other Pine code in terms of licensing and the
submission does not include any software which infringes third party rights.
The above permissions are hereby granted, provided that the Pine and
Pico copyright and trademark notices appear in all copies and that both
the above copyright notice and this permission notice appear in supporting
documentation, and that the name of the University of Washington not be
used in advertising or publicity pertaining to distribution of the
software without specific, prior written permission, and provided you
acknowledge that pursuant to U.S. laws, Pine, Pico & Pilot software may
not be downloaded, acquired or otherwise exported or re-exported (i) into,
or to a national or resident of any country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nations or the U.S. Commerce Department's Table of
Denial Orders.
By downloading the software, you represent that: 1) you are not located in
or under the control of a national or resident of any such country or on
any such list; and 2) you will not export or re-export the software to any
prohibited country, or to any prohibited person, entity, or end-user as
specified by U.S. export controls.
This software is made available "as is", and
THE UNIVERSITY OF WASHINGTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS
SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND IN NO EVENT SHALL THE UNIVERSITY OF WASHINGTON BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Other licensing terms are available by mutual agreement.
Please see the Pine FAQ for more information on Pine Legal Issues.
End of Pine License and Legal Notices
Pipedream Source Available License Version 1.0
This Pipedream Source Available License Agreement Version 1.0 (this “Agreement”) sets forth the terms on which Pipedream, Inc., a Delaware corporation (“Pipedream”) makes available certain software (the “Software”). By installing, downloading, accessing, using or distributing the Software, you agree to the terms of this Agreement. If you do not agree to such terms, you must not use the Software. If you are receiving the Software on behalf of a legal entity, you represent and warrant that you have the actual authority to agree to the terms and conditions of this Agreement on behalf of such entity. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.
LICENSE GRANT AND CONDITIONS.
1.1 License. Subject to the terms and conditions of this Agreement, Pipedream hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicenseable license during the term of this Agreement to use, prepare modifications and derivative works, distribute (including without limitation in source code or object code form) and reproduce copies of the Software (the “License”). Licensee is not granted the right to, and Licensee shall not, exercise the License for an Excluded Purpose. For purposes of this Agreement, “Excluded Purpose” means any commercial use of the software including, but not limited to, making available any software-as-a-service, platform-as-a-service, infrastructure-as-a-service or other online service that competes with the Software or any other Pipedream products or services.
1.2 Conditions. In consideration of the License, Licensee’s distribution of the Software is subject to the following conditions:
a. Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software.
b. On each Software copy, Licensee shall reproduce and not remove or alter all Pipedream or third party copyright or other proprietary notices contained in the Software, and Licensee must provide this with each copy: “This software is made available by Pipedream, Inc., under the terms of the Pipedream Source Available License, Version 1.0 located at https://github.com/PipedreamHQ/pipedream/blob/master/LICENSE. By installing, downloading, accessing, using or distributing the Software, you agree to the terms of such License Agreement.”
1.3 Modifications. Licensee may add its own copyright notices to modifications made by Licensee and may provide additional or different license terms and conditions for use, reproduction, or distribution of Licensee’s modifications. While redistributing the Software or modifications thereof, Licensee may choose to offer, for a fee or free of charge, support, warranty, indemnity, or other obligations. Licensee, and not Pipedream, will be responsible for any such obligations.
1.4 No Sublicensing. The License does not include the right to sublicense the Software; provided, however, that any recipient to which Licensee provides the Software may exercise the License so long as such recipient agrees to the terms and conditions of this Agreement.
TERM AND TERMINATION.
This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently.
INTELLECTUAL PROPERTY.
As between the parties, Pipedream retains all right, title, and interest in the Software, and all intellectual property rights therein. Pipedream hereby reserves all rights not expressly granted to Licensee in this Agreement. Pipedream reserves all rights in its trademarks and service marks, and no licenses thereto are granted by this Agreement.
DISCLAIMER.
PIPEDREAM HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
LIMITATION OF LIABILITY.
PIPEDREAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL.
6.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of California, without reference to its conflict of laws principles. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All disputes including arbitrations shall take place in Santa Clara County, California. The language to be used in any such proceedings shall be English.
6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement to any third party. Pipedream may freely assign its rights under this Agreement to any third party.
6.3. Other. This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Pipedream of a breach of any provision of this Agreement or the failure by Pipedream to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Pivotal Software, Inc. Terms of Use
See https://pivotal.io/terms-of-use for complete text.
Use of Software
To the extent that Pivotal provides for the download of proprietary
Pivotal software or open source software from Pivotal Websites
("Software"), such Software is protected by the applicable copyright,
patent or other intellectual property rights of either Pivotal or the
third-party licensor. Any use of the Software is subject to the terms of
the applicable end-user or open source license agreement.
All evaluation Software is provided "AS IS" for evaluation and internal
use only. You may not use evaluation Software for commercial,
development or production purposes. In addition, evaluation Software
may be time-disabled and may cease to operate after a period of time.
License for Content – Pixabay License
Content on Pixabay is made available to you on the following terms ("Pixabay License"). Under the Pixabay License you are granted an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Content for commercial or non-commercial purposes. Attribution of the photographer, videographer, musician or Pixabay is not required but is always appreciated.
The Pixabay License does not allow:
Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, without adding any additional elements or otherwise adding value
Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
Any suggestion that there is an endorsement of products and services by depicted persons, brands, vocalists and organisations, unless permission was granted.
Please be aware that while all Content on Pixabay is free to use for commercial and non-commercial purposes, items in the Content, such as identifiable people, logos, brands, audio samples etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications. Pixabay does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.
Modified Apache 2.0 License
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
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Playground v2 Community License
Release Date: December 5, 2023
“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Playground Materials set forth herein.
“Documentation” means the specifications, manuals and documentation accompanying Playground v2 distributed by Playground at https://huggingface.co/playgroundai/playground-v2-1024px-aesthetic or other authorized channel.
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“Playground v2” means the diffusion-based text-to-image generative models and software and algorithms, including checkpoints, trained model weights, and other elements of the foregoing distributed by Playground at https://huggingface.co/playgroundai/playground-v2-1024px-aesthetic or other authorized channel.
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By using or distributing any portion or element of the Playground Materials, you agree to be bound by this Agreement.
1. License Rights and Redistribution.
a. Grant of Rights.
You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Playground’s intellectual property or other rights owned by Playground embodied in the Playground Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Playground Materials. Subject to the restrictions herein, this permissive license is available for free for research and commercial use (by an entity or individual).
b. Redistribution and Use.
i. If you distribute or make the Playground Materials, or any derivative works thereof, available to any third party, you shall provide a copy of this Agreement to such third party.
ii. If you receive Playground Materials, or any derivative works thereof, from an authorized Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
iii. You must retain in all copies of the Playground Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Playground v2 is licensed under the Playground v2 Community License.”
iv. Your use of the Playground Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Use Restrictions set forth in Attachment A. You shall require all of your users who use Playground v2 or any derivative works thereof, to comply with the terms of this section and the restrictions in Attachment A.
v. You will not use the Playground Materials or any output or results of the Playground Materials to improve any other text-to-image generative model (excluding Playground v2 or derivative works thereof).
2. Additional Commercial Terms.
If, at any time, (a) image generation or image editing is a core business or product of Licensee’s and (b) the total monthly unique users (MUU) of the products or services made available by or for Licensee, or Licensee’s affiliates, for such products or services is greater than 1 million MUUs in the preceding calendar month, then immediately thereafter you must request a license from Playground. Playground may grant this license to you in its sole discretion and you are not authorized to exercise any of the rights under this Agreement unless or until Playground otherwise expressly grants you such rights as a Licensee.
3. Disclaimer of Warranty.
UNLESS REQUIRED BY APPLICABLE LAW, THE PLAYGROUND MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE PLAYGROUND MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE PLAYGROUND MATERIALS AND ANY OUTPUT AND RESULTS.
4. Limitation of Liability.
IN NO EVENT WILL PLAYGROUND OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF PLAYGROUND OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
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a. No trademark licenses are granted under this Agreement, and in connection with the Playground Materials, neither Playground nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Playground Materials.
b. Subject to Playground’s ownership of Playground Materials and derivatives made by or for Playground, with respect to any derivative works and modifications of the Playground Materials that are made by you, as between you and Playground, you are and will be the owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against Playground or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Playground Materials or Playground v2 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Playground from and against any claim by any third party arising out of or related to your use or distribution of the Playground Materials.
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The term of this Agreement will commence upon your acceptance of this Agreement or access to the Playground Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Playground may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Playground Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.
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This Agreement will be governed and construed under the laws of the State of California without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement.
Attachment A - Use Restrictions
You agree not to use Playground v2 or any derivative works thereof:
In any way that violates any applicable national, federal, state, local or international law or regulation;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
To generate or disseminate verifiably false information and/or content with the purpose of harming others;
To generate or disseminate personal identifiable information that can be used to harm an individual;
To defame, disparage or otherwise harass others;
For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
To provide medical advice and medical results interpretation;
To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
Plural Licensing
SOFTWARE LICENSING
You are licensed to use compiled versions of the Plural platform produced by Plural Labs, Inc. under an MIT LICENSE
You may be licensed to use source code to create compiled versions not produced by Plural Labs, Inc. in one of three ways:
1. Under the Free Software Foundation’s GNU AGPL v.3.0, subject to the exceptions outlined in this policy; or
2. Under a commercial license available from Plural Labs, Inc. by contacting commercial@plural.sh
3. Creating a licensed installation on app.plural.sh
You are licensed to use the source code in Admin Tools and Configuration Files (plural/) under the Apache License v2.0.
We promise that we will not enforce the copyleft provisions in AGPL v3.0 against you if your application (a) does not
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(b) you have not modified, added to or adapted the source code of Plural in a way that results in the creation of
a “modified version” or “work based on” Plural as these terms are defined in the AGPL v3.0 license.
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MIT License
Copyright (c) 2021 Plural Labs, Inc
Permission is hereby granted, free of charge, to any person obtaining a copy
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SOFTWARE.
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incorporate. Many developers of free software are heartened and
encouraged by the resulting cooperation. However, in the case of
software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and
letting the public access it on a server without ever releasing its
source code to the public.
The GNU Affero General Public License is designed specifically to
ensure that, in such cases, the modified source code becomes available
to the community. It requires the operator of a network server to
provide the source code of the modified version running there to the
users of that server. Therefore, public use of a modified version, on
a publicly accessible server, gives the public access to the source
code of the modified version.
An older license, called the Affero General Public License and
published by Affero, was designed to accomplish similar goals. This is
a different license, not a version of the Affero GPL, but Affero has
released a new version of the Affero GPL which permits relicensing under
this license.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU Affero General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a "modified version" of the
earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through
a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the
work under this License, and how to view a copy of this License. If
the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
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A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
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The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of
packaging a Major Component, but which is not part of that Major
Component, and (b) serves only to enable use of the work with that
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implementation is available to the public in source code form. A
"Major Component", in this context, means a major essential component
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produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
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control those activities. However, it does not include the work's
System Libraries, or general-purpose tools or generally available free
programs which are used unmodified in performing those activities but
which are not part of the work. For example, Corresponding Source
includes interface definition files associated with source files for
the work, and the source code for shared libraries and dynamically
linked subprograms that the work is specifically designed to require,
such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
covered work is covered by this License only if the output, given its
content, constitutes a covered work. This License acknowledges your
rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains
in force. You may convey covered works to others for the sole purpose
of having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10
makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
material by anyone who conveys the material (or modified versions of
it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the
Program, your modified version must prominently offer all users
interacting with it remotely through a computer network (if your version
supports such interaction) an opportunity to receive the Corresponding
Source of your version by providing access to the Corresponding Source
from a network server at no charge, through some standard or customary
means of facilitating copying of software. This Corresponding Source
shall include the Corresponding Source for any work covered by version 3
of the GNU General Public License that is incorporated pursuant to the
following paragraph.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the work with which it is combined will remain governed by version
3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU Affero General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU Affero General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU Affero General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU Affero General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer
network, you should also make sure that it provides a way for users to
get its source. For example, if your program is a web application, its
interface could display a "Source" link that leads users to an archive
of the code. There are many ways you could offer source, and different
solutions will be better for different programs; see section 13 for the
specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<http://www.gnu.org/licenses/>.
Last updated January 9, 2020
Current developers See what’s changed?
Program Materials License Agreement
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4. Limitations
You may use the Program Materials only as expressly authorized under this License Agreement, and only through the interfaces and functionality we designate. You must comply with all instructions and requirements in any integration documents, guidelines, or other documentation that we provide, including any usage limits or quotas.
Except as expressly permitted under Section 3, you will not: (a) incorporate or compile any portion of the Program Materials into Your Products or other digital or physical products; (b) distribute, sub-license, resell, lease, transfer, or otherwise provide access to any portion of the Program Materials to any third party; or (c) modify or create derivative works of the Program Materials. You will not circumvent or disable any copy protection, security, or other controls in the Program Materials or use the Program Materials in a way intended to avoid incurring any applicable fees or exceeding usage limits or quotas. You will not reverse engineer, disassemble or decompile the Program Materials (except to the extent applicable law doesn’t allow this restriction); remove any embedded Software from any Equipment; copy any embedded Software; or use any Software provided with Equipment separate from the Equipment for which it was provided. You will not use the Program Materials with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Program Materials, would require you or us to disclose, license, distribute or otherwise make all or any part of such Program Materials available to anyone. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Program Materials. You will not direct, encourage, or assist any other party to take any action prohibited by this License Agreement.
All licenses granted to you in this License Agreement are conditional on your continued compliance with this License Agreement and any other agreements you have entered into with Amazon related to your participation in an Amazon Program, and will immediately and automatically terminate if you do not comply with any term of such agreements.
5. Reservation of Rights; Other Licenses
The Program Materials are the intellectual property of Amazon or its licensors. Except for the rights explicitly granted to you in this License Agreement, all right, title and interest in and to the Program Materials are reserved and retained by us and our licensors. If you provide suggestions, ideas, or other feedback to us about the Amazon Programs or Program Materials, we will be free to exercise all rights in such feedback without restriction and without compensating you. The Program Materials may include or be distributed with Software that is provided under a separate license agreement (such as an open source license). To the extent there is a conflict between this License Agreement and any separate license, the separate license controls with respect to the Software that is the subject of such separate license. Any such separate license agreement may be indicated in the schedules to this License Agreement, in the license, notice, or readme files distributed with the applicable Software, or in related documentation.
6. Disclaimers and Limitation on Liability
THE PROGRAM MATERIALS ARE PROVIDED “AS IS,” AND WITHOUT WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND AMAZON, ITS LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THE PROGRAM MATERIALS IS AT YOUR SOLE RISK. IN NO EVENT WILL AMAZON, ITS LICENSORS, OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING FOR ANY LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOST PROFITS OR DATA, COST OF COVER, OR COMPUTER FAILURE OR MALFUNCTION) ARISING FROM OR RELATING TO THE PROGRAM MATERIALS OR THIS LICENSE AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND DISCLAIMERS APPLY EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Indemnification
You release us and will indemnify, defend and hold us (including any respective officers, directors, employees, contractors and assigns) harmless from and against any loss, expense, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises out of any claim relating to Your Products or your breach or non-compliance with this License Agreement (each, a “Claim”). You will not consent to the entry of a judgment or settle a Claim without our prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this Section 7 are independent of your other obligations under this License Agreement.
8. Compliance with Laws
You will comply with all applicable laws, rules, regulations, orders, and other requirements of governmental agencies (together, “Laws”) in your use of the Program Materials and in the development and distribution of Your Products that use any Program Materials. Without limiting the foregoing, you will comply with all export, re-export, and import Laws of the United States and other countries that may apply to the Program Materials, and will not transfer, or encourage, assist, or authorize the transfer of, the Program Materials to a prohibited country or otherwise in violation of any applicable Laws. You will not engage in any activity using or related to the Program Materials, including the development or distribution of Your Products, that (a) infringes, violates, or misappropriates our rights or the rights of any third party, or (b) interferes with, damages, or uses in any unauthorized manner the hardware, software, networks, technologies, or other properties or services of ours or of any end user or other third party.
9. Agreement Changes
We reserve the right to change this License Agreement at any time in our discretion. We will give you notice of the changes by posting an updated version of this License Agreement online. Changes to this License Agreement will be effective as of the date we post them, unless we specify a different effective date when we make a particular change. You are responsible for checking for License Agreement updates. Your continued use of Program Materials after changes to this License Agreement take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Program Materials and terminate this License Agreement.
10. Termination
We may terminate this License Agreement or your right to use any or all of the Program Materials at any time without advance notice to you, in which case you must cease all use of the Program Materials, destroy all copies of the Software in your possession or control, and, at Amazon’s direction, return or destroy any Equipment provided to you. You may terminate this License Agreement at any time by taking all actions that would be required if we terminated the License Agreement. The following provisions of this License Agreement will survive termination: Sections 1-2, 4-8, 10-12, and any other provisions that, by their nature, are intended to survive.
11. U.S. Government Rights
The Program Materials are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” (each, as defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement) with the same rights and restrictions generally applicable to others under this License Agreement. If you are using the Program Materials on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Program Materials.
12. General
If any provision of this License Agreement is held invalid by a court with jurisdiction over the parties to this License Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this License Agreement will remain in full force and effect. You may not assign any of your rights or obligations under this License Agreement, whether by operation of law or otherwise, without our prior written consent. Each party may use one or more subcontractors to exercise its rights and perform its obligations hereunder. Each party will be responsible for ensuring that its subcontractors comply with the applicable portions of this License Agreement when performing work on its behalf and will be liable for any noncompliance. Our failure to insist upon or enforce your strict compliance with this License Agreement will not constitute a waiver of any of our rights. In addition to the Amazon Parties, our licensors may enforce this License Agreement against you with respect to their software and other materials included in the Program Materials, and our licensors are third-party beneficiaries of this License Agreement solely for that purpose. The word “including” will be interpreted without limitation when used in this License Agreement. This License Agreement is governed by the laws of the State of Washington, without reference to rules governing choice of laws or the U.N. Convention on Contracts for the International Sale of Goods, and you irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in King County, Washington. HOWEVER, WE MAY SEEK INJUNCTIVE (OR SIMILAR) REMEDIES IN ANY JURISDICTION. This License Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this License Agreement. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges that are imposed on that party upon or with respect to the transactions under this License Agreement. For the transfer of any Equipment by Amazon to you, title (but not the intellectual property rights therein or any ownership interest in any embedded or related Software) will pass to you upon our handing them to a common carrier at our location. If Equipment is shipped to a location outside the United States, you will be the importer of record for the Equipment and will be solely responsible for all costs incurred during the transfer of and while holding the Equipment (e.g., customs duties, taxes, tariffs) as well as any risk of loss. Delivery terms for Equipment shipped to you will be Free Carrier (FCA) Incoterms 2010.
Maps API Schedule
If you use the Program Materials we make available to enable the use of mapping-related features within Your Products (such materials, the “Maps API”), including through Amazon Maps redirection, you accept and agree to be bound by the HERE Materials Terms and Conditions, which apply to the portions of the Maps API provided by HERE North America, LLC or its affiliates.
Amazon Mobile Ads API Schedule
If you use the Program Materials we make available to enable the use of our Amazon Mobile Ad Network within Your Products, including any component of our Amazon Mobile Ads API, you accept and agree to be bound by our Mobile Ad Network Publisher Agreement.
Restricted Program Materials Schedule
The terms of this schedule apply to you if you receive or use any Program Materials we designate as confidential, restricted, prototype, beta, or for evaluation purposes (“Restricted Program Materials”).
1. Confidentiality. You will protect and keep confidential any Restricted Program Materials and other non-public information or technology you may receive in connection with this License Agreement (including design elements, look and feel, features, functionality, product details, reference designs, and information regarding product launches) that is identified as confidential or proprietary or that, given the nature of such information or technology or the manner of its disclosure, reasonably should be considered confidential or proprietary (“Confidential Information”). You will (a) not disclose Confidential Information, (b) use Confidential Information only for the purpose provided and during any use period identified by Amazon, (c) restrict access to Confidential Information to your personnel that have a need to know the specific Confidential Information and have entered into written nondisclosure agreements, and (d) promptly upon termination of this License Agreement, destroy all Confidential Information (or at our direction return such Confidential Information to us). You may not take photos or videos of any Restricted Program Materials. You acknowledge that any violation of this schedule could cause irreparable harm to Amazon for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that Amazon will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this schedule without any obligation to prove damages or post a bond or any other security.
2. Distribution. You may not distribute any of Your Products that incorporate or were developed using Restricted Program Materials unless: (a) you submit Your Product to us for approval and we specifically approve the distribution in writing and (b) if any Restricted Program Materials incorporated in Your Product were provided to you in source code form, such Restricted Program Materials (and modifications thereof) are distributed solely in binary form as incorporated in Your Products.
3. No Use of Contractors. Notwithstanding anything to the contrary in the License Agreement, you may not provide Restricted Program Materials to any contractor or other third-party without our prior written permission.
4. Additional Restrictions. If we inform you that additional restrictions apply to certain Restricted Program Materials (e.g., that you must comply with specific equipment handling guidelines, limit use to locations authorized by us, or limit access to only specific employees), you will comply with those restrictions.
5. Survival. All sections of this schedule will survive any termination of the License Agreement.
AVS Component Schedule
The terms of this schedule apply if Your Products are designed to be incorporated as components of, or used in the development of, other applications or devices that provide end users access to the Amazon Alexa voice service (“AVS Components”).
1. Flow-through Requirement. Prior to distributing any AVS Component that incorporates any Program Materials, you must ensure the recipient of the AVS Component agrees to a binding written agreement that: (a) subjects the recipient to this License Agreement and any additional terms that apply to the applicable Program Materials and (b) designates Amazon as a third-party beneficiary.
Changes to Program Materials License Agreement posted January 9, 2020
We’ve updated the Program Materials License Agreement to change one of the Amazon entities to Amazon.com Services LLC.
Changes to Program Materials License Agreement posted August 22, 2018
We’ve updated the Program Materials License Agreement to add the AVS Component Schedule applicable to certain AVS developers.
Changes to Program Materials License Agreement posted December 1, 2017
In certain circumstances, we provide developers with access to prototype and confidential Program Materials or to certain hardware in connection with specific Amazon Programs. We updated the Program Materials License Agreement to include terms specific to these types of Program Materials and to make other updates. Please review the full text of the updated License Agreement carefully.
Permission to use, copy, modify and distribute these images for any
purpose and without fee is hereby granted.
TERMS AND CONDITIONS OF USE
Redistribution and use in source form, with or without modification, are
permitted provided that redistributions of source code must retain the
above copyright notice, this list of conditions and the following
disclaimer.
This software is provided `as is' by Mark Salyzyn and any express or implied
warranties, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose, are disclaimed. In no
event shall Mark Salyzyn be liable for any direct, indirect, incidental,
special, exemplary or consequential damages (including, but not limited to,
procurement of substitute goods or services; loss of use, data, or profits;
or business interruptions) however caused and on any theory of liability,
whether in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the use of this software, even if
advised of the possibility of such damage.
Any restrictions or encumberances added to this source code or derivitives,
is prohibited.
Politepix Public License version 1.0
Definitions
"Politepix" refers to Politepix UG (haftungsbeschrankt), which may also be known as Politepix or Politepix UG, and which may at a later date be known as Politepix GmbH.
"Software" refers to all elements of the OpenEars framework that are copyrighted to Politepix.
"Application" for the purpose of this license refers exclusively to a self-contained compiled software program of the type that can be downloaded from the iTunes App Store or Cydia for use on an enduser's device, commonly known as an App. It explicitly excludes the following: frameworks, SDKs or client or server systems used for the creation of such software programs or for the creation of other types of software, as well as reusable components, operating systems, and plugins which modify apps, frameworks or operating systems.
Granted Rights
You are granted the non-exclusive rights set forth in this license provided you agree to and comply with any and all conditions in this license. It is transferable to other parties provided that they agree to and comply with any and all conditions in this license. Use of the software signifies acceptance of this license.
1. You may make modifications to the Software and you may use the original or modified versions of the Software to link, compile and build Applications, including commercial Applications.
2. You may distribute these Applications in a binary, machine-executable form.
If your project wants more rights than this, please feel welcome to get in touch at http://www.politepix.com/contact and inquire about whether it is possible to obtain other licensing terms. Educational and public good projects are especially encouraged to inquire.
Credit
You must include credit in your Application as follows in a user-readable form in an accessible view of your Application, replacing <this app> with the name of your Application:
<this app> uses the CMU Pocketsphinx library, the CMU Flite library, the CMU CMUCMLTK library (http://cmusphinx.sourceforge.net) and Politepix’s OpenEars (http://www.politepix.com/openears).
Contributions
Each contributor, defined as a party who submits source code modifications for the Software whose purpose is to modify the behavior of the Software, also commonly known as patches or fixes, hereby grants Politepix a world-wide, royalty-free, non-exclusive license to use, reproduce, modify, display, perform, sublicense and distribute the modifications or portions thereof either on an unmodified basis or with other modifications. Submitting a contribution is defined as intentionally communicating the information to Politepix employees and representatives, including posts on the Politepix forums, sending uploads or diffs or pull requests to Politepix/OpenEars repositories or servers, and emails to Politepix employees or representatives.
Termination and Survival
The rights granted hereunder will terminate automatically if you fail to comply with terms herein. The other provisions shall survive.
Miscellaneous
This license represents the complete agreement concerning subject matter hereof. If any provision of this license is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This license and any litigation relating to it shall be subject to the jurisdiction of the courts located in Berlin, Germany.
Limitation of Liability
The Software and this license document are provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. POLITEPIX UG (HAFTUNGSBESCHRANKT) SHALL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR: DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, OR ANY AND ALL OTHER CONSEQUENTIAL, SPECIAL, COMMERCIAL, INDIRECT OR PUNITIVE DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY.
# PolyForm Defensive License 1.0.0
<https://polyformproject.org/licenses/defensive/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the
software to do everything you might do with the software
that would otherwise infringe the licensor's copyright
in it for any permitted purpose. However, you may
only distribute the software according to [Distribution
License](#distribution-license) and make changes or new works
based on the software according to [Changes and New Works
License](#changes-and-new-works-license).
## Distribution License
The licensor grants you an additional copyright license
to distribute copies of the software. Your license
to distribute covers distributing the software with
changes and new works permitted by [Changes and New Works
License](#changes-and-new-works-license).
## Notices
You must ensure that anyone who gets a copy of any part of
the software from you also gets a copy of these terms or the
URL for them above, as well as copies of any plain-text lines
beginning with `Required Notice:` that the licensor provided
with the software. For example:
> Required Notice: Copyright Yoyodyne, Inc. (http://example.com)
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Noncompete
Any purpose is a permitted purpose, except for providing any
product that competes with the software or any product the
licensor or any of its affiliates provides using the software.
## Competition
Goods and services compete even when they provide functionality
through different kinds of interfaces or for different technical
platforms. Applications can compete with services, libraries
with plugins, frameworks with development tools, and so on,
even if they're written in different programming languages
or for different computer architectures. Goods and services
compete even when provided free of charge. If you market a
product as a practical substitute for the software or another
product, it definitely competes.
## New Products
If you are using the software to provide a product that does
not compete, but the licensor or any of its affiliates brings
your product into competition by providing a new version of
the software or another product using the software, you may
continue using versions of the software available under these
terms beforehand to provide your competing product, but not
any later versions.
## Discontinued Products
You may begin using the software to compete with a product
or service that the licensor or any of its affiliates has
stopped providing, unless the licensor includes a plain-text
line beginning with `Licensor Line of Business:` with the
software that mentions that line of business. For example:
> Licensor Line of Business: YoyodyneCMS Content Management
System (http://example.com/cms)
## Sales of Business
If the licensor or any of its affiliates sells a line of
business developing the software or using the software
to provide a product, the buyer can also enforce
[Noncompete](#noncompete) for that product.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
A **product** can be a good or service, or a combination
of them.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
its affiliates.
**Affiliates** means the other organizations than an
organization has control over, is under the control of, or is
under common control with.
**Control** means ownership of substantially all the assets of
an entity, or the power to direct its management and policies
by vote, contract, or otherwise. Control can be direct or
indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# Polyform Free Trial License 1.0.0
<https://polyformproject.org/licenses/free-trial/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the software
to do everything you might do with the software that would
otherwise infringe the licensor's copyright in it for any
permitted purpose. However, you may only make changes or
new works based on the software according to [Changes and New
Works License](#changes-and-new-works-license), and you may
not distribute copies of the software.
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## Free Trial
Use to evaluate whether the software suits a particular
application for less than 32 consecutive calendar days, on
behalf of you or your company, is use for a permitted purpose.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
If you violate any of these terms, or do anything with the
software not covered by your licenses, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
organizations that have control over, are under the control of,
or are under common control with that organization. **Control**
means ownership of substantially all the assets of an entity,
or the power to direct its management and policies by vote,
contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# Polyform Internal Use License 1.0.0
<https://polyformproject.org/licenses/internal-use/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the software
to do everything you might do with the software that would
otherwise infringe the licensor's copyright in it for any
permitted purpose. However, you may only make changes or
new works based on the software according to [Changes and New
Works License](#changes-and-new-works-license), and you may
not distribute the software.
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## Internal Business Use
Use of the software for the internal business operations of
you and your company is use for a permitted purpose.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
organizations that have control over, are under the control of,
or are under common control with that organization. **Control**
means ownership of substantially all the assets of an entity,
or the power to direct its management and policies by vote,
contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# Polyform Noncommercial License 1.0.0
<https://polyformproject.org/licenses/noncommercial/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the
software to do everything you might do with the software
that would otherwise infringe the licensor's copyright
in it for any permitted purpose. However, you may
only distribute the software according to [Distribution
License](#distribution-license) and make changes or new works
based on the software according to [Changes and New Works
License](#changes-and-new-works-license).
## Distribution License
The licensor grants you an additional copyright license
to distribute copies of the software. Your license
to distribute covers distributing the software with
changes and new works permitted by [Changes and New Works
License](#changes-and-new-works-license).
## Notices
You must ensure that anyone who gets a copy of any part of
the software from you also gets a copy of these terms or the
URL for them above, as well as copies of any plain-text lines
beginning with `Required Notice:` that the licensor provided
with the software. For example:
> Required Notice: Copyright Yoyodyne, Inc. (http://example.com)
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Noncommercial Purposes
Any noncommercial purpose is a permitted purpose.
## Personal Uses
Personal use for research, experiment, and testing for
the benefit of public knowledge, personal study, private
entertainment, hobby projects, amateur pursuits, or religious
observance, without any anticipated commercial application,
is use for a permitted purpose.
## Noncommercial Organizations
Use by any charitable organization, educational institution,
public research organization, public safety or health
organization, environmental protection organization,
or government institution is use for a permitted purpose
regardless of the source of funding or obligations resulting
from the funding.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
organizations that have control over, are under the control of,
or are under common control with that organization. **Control**
means ownership of substantially all the assets of an entity,
or the power to direct its management and policies by vote,
contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# PolyForm Perimeter License 1.0.0
<https://polyformproject.org/licenses/perimeter/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the
software to do everything you might do with the software
that would otherwise infringe the licensor's copyright
in it for any permitted purpose. However, you may
only distribute the software according to [Distribution
License](#distribution-license) and make changes or new works
based on the software according to [Changes and New Works
License](#changes-and-new-works-license).
## Distribution License
The licensor grants you an additional copyright license
to distribute copies of the software. Your license
to distribute covers distributing the software with
changes and new works permitted by [Changes and New Works
License](#changes-and-new-works-license).
## Notices
You must ensure that anyone who gets a copy of any part of
the software from you also gets a copy of these terms or the
URL for them above, as well as copies of any plain-text lines
beginning with `Required Notice:` that the licensor provided
with the software. For example:
> Required Notice: Copyright Yoyodyne, Inc. (http://example.com)
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Noncompete
Any purpose is a permitted purpose, except for providing to
others any product that competes with the software.
## Competition
If you use this software to market a product as a substitute
for the functionality or value of the software, it competes
with the software. A product may compete regardless how it is
designed or deployed. For example, a product may compete even
if it provides its functionality via any kind of interface
(including services, libraries or plug-ins), even if it is
ported to a different platforms or programming languages,
and even if it is provided free of charge.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
A **product** can be a good or service, or a combination
of them.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
organizations that have control over, are under the control of,
or are under common control with that organization. **Control**
means ownership of substantially all the assets of an entity,
or the power to direct its management and policies by vote,
contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# PolyForm Shield License 1.0.0
<https://polyformproject.org/licenses/shield/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the
software to do everything you might do with the software
that would otherwise infringe the licensor's copyright
in it for any permitted purpose. However, you may
only distribute the software according to [Distribution
License](#distribution-license) and make changes or new works
based on the software according to [Changes and New Works
License](#changes-and-new-works-license).
## Distribution License
The licensor grants you an additional copyright license
to distribute copies of the software. Your license
to distribute covers distributing the software with
changes and new works permitted by [Changes and New Works
License](#changes-and-new-works-license).
## Notices
You must ensure that anyone who gets a copy of any part of
the software from you also gets a copy of these terms or the
URL for them above, as well as copies of any plain-text lines
beginning with `Required Notice:` that the licensor provided
with the software. For example:
> Required Notice: Copyright Yoyodyne, Inc. (http://example.com)
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Noncompete
Any purpose is a permitted purpose, except for providing any
product that competes with the software or any product the
licensor or any of its affiliates provides using the software.
## Competition
Goods and services compete even when they provide functionality
through different kinds of interfaces or for different technical
platforms. Applications can compete with services, libraries
with plugins, frameworks with development tools, and so on,
even if they're written in different programming languages
or for different computer architectures. Goods and services
compete even when provided free of charge. If you market a
product as a practical substitute for the software or another
product, it definitely competes.
## New Products
If you are using the software to provide a product that does
not compete, but the licensor or any of its affiliates brings
your product into competition by providing a new version of
the software or another product using the software, you may
continue using versions of the software available under these
terms beforehand to provide your competing product, but not
any later versions.
## Discontinued Products
You may begin using the software to compete with a product
or service that the licensor or any of its affiliates has
stopped providing, unless the licensor includes a plain-text
line beginning with `Licensor Line of Business:` with the
software that mentions that line of business. For example:
> Licensor Line of Business: YoyodyneCMS Content Management
System (http://example.com/cms)
## Sales of Business
If the licensor or any of its affiliates sells a line of
business developing the software or using the software
to provide a product, the buyer can also enforce
[Noncompete](#noncompete) for that product.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
A **product** can be a good or service, or a combination
of them.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
its affiliates.
**Affiliates** means the other organizations than an
organization has control over, is under the control of, or is
under common control with.
**Control** means ownership of substantially all the assets of
an entity, or the power to direct its management and policies
by vote, contract, or otherwise. Control can be direct or
indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# Polyform Small Business License 1.0.0
<https://polyformproject.org/licenses/small-business/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the
software to do everything you might do with the software
that would otherwise infringe the licensor's copyright
in it for any permitted purpose. However, you may
only distribute the software according to [Distribution
License](#distribution-license) and make changes or new works
based on the software according to [Changes and New Works
License](#changes-and-new-works-license).
## Distribution License
The licensor grants you an additional copyright license
to distribute copies of the software. Your license
to distribute covers distributing the software with
changes and new works permitted by [Changes and New Works
License](#changes-and-new-works-license).
## Notices
You must ensure that anyone who gets a copy of any part of
the software from you also gets a copy of these terms or the
URL for them above, as well as copies of any plain-text lines
beginning with `Required Notice:` that the licensor provided
with the software. For example:
> Required Notice: Copyright Yoyodyne, Inc. (http://example.com)
## Changes and New Works License
The licensor grants you an additional copyright license to
make changes and new works based on the software for any
permitted purpose.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## Small Business
Use of the software for the benefit of your company is use for
a permitted purpose if your company has fewer than 100 total
individuals working as employees and independent contractors,
and less than 1,000,000 USD (2019) total revenue in the prior
tax year. Adjust this revenue threshold for inflation according
to the United States Bureau of Labor Statistics' consumer price
index for all urban consumers, U.S. city average, for all items,
not seasonally adjusted, with 1982–1984=100 reference base.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
organizations that have control over, are under the control of,
or are under common control with that organization. **Control**
means ownership of substantially all the assets of an entity,
or the power to direct its management and policies by vote,
contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
# Polyform Strict License 1.0.0
<https://polyformproject.org/licenses/strict/1.0.0>
## Acceptance
In order to get any license under these terms, you must agree
to them as both strict obligations and conditions to all
your licenses.
## Copyright License
The licensor grants you a copyright license for the software
to do everything you might do with the software that would
otherwise infringe the licensor's copyright in it for any
permitted purpose, other than distributing the software or
making changes or new works based on the software.
## Patent License
The licensor grants you a patent license for the software that
covers patent claims the licensor can license, or becomes able
to license, that you would infringe by using the software.
## Noncommercial Purposes
Any noncommercial purpose is a permitted purpose.
## Personal Uses
Personal use for research, experiment, and testing for
the benefit of public knowledge, personal study, private
entertainment, hobby projects, amateur pursuits, or religious
observance, without any anticipated commercial application,
is use for a permitted purpose.
## Noncommercial Organizations
Use by any charitable organization, educational institution,
public research organization, public safety or health
organization, environmental protection organization,
or government institution is use for a permitted purpose
regardless of the source of funding or obligations resulting
from the funding.
## Fair Use
You may have "fair use" rights for the software under the
law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of
your licenses to anyone else, or prevent the licensor from
granting licenses to anyone else. These terms do not imply
any other licenses.
## Patent Defense
If you make any written claim that the software infringes or
contributes to infringement of any patent, your patent license
for the software granted under these terms ends immediately. If
your company makes such a claim, your patent license ends
immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have
violated any of these terms, or done anything with the software
not covered by your licenses, your licenses can nonetheless
continue if you come into full compliance with these terms,
and take practical steps to correct past violations, within
32 days of receiving notice. Otherwise, all your licenses
end immediately.
## No Liability
***As far as the law allows, the software comes as is, without
any warranty or condition, and the licensor will not be liable
to you for any damages arising out of these terms or the use
or nature of the software, under any kind of legal claim.***
## Definitions
The **licensor** is the individual or entity offering these
terms, and the **software** is the software the licensor makes
available under these terms.
**You** refers to the individual or entity agreeing to these
terms.
**Your company** is any legal entity, sole proprietorship,
or other kind of organization that you work for, plus all
organizations that have control over, are under the control of,
or are under common control with that organization. **Control**
means ownership of substantially all the assets of an entity,
or the power to direct its management and policies by vote,
contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the
software under these terms.
**Use** means anything you do with the software requiring one
of your licenses.
PostgreSQL is released under the PostgreSQL License, a liberal Open Source license, similar to the BSD or MIT licenses.
PostgreSQL Database Management System
(formerly known as Postgres, then as Postgres95)
Portions Copyright (c) The PostgreSQL Global Development Group
Portions Copyright (c) 1994, The Regents of the University of California
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose, without fee, and without a written agreement is
hereby granted, provided that the above copyright notice and this paragraph and
the following two paragraphs appear in all copies.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF
THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND
THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT,
UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
Effective date: Oct 08, 2024
1. Introduction
These User Terms of Service ("Terms") are between you ("you") and Postman, Inc. ("Postman" or "we") and govern your use of all versions of the Postman software and services, including the Postman API, Postman AI, and Beta Previews (collectively, the "Services"), the Postman websites, including but not limited to www.postman.com, postman.postman.co, blog.postman.com, learning.postman.com, community.postman.com, and store.getpostman.com (the "Websites"), and your participation in any Postman research studies.
2. Binding Agreement
By downloading, installing, or using the Services on any computer system, or by accepting these Terms (either by clicking a box indicating that you accept these Terms, or by executing an ordering document (“Order”) referencing these Terms), you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and you acknowledge that you have read and understand our Privacy Policy. By purchasing the Service for a fee, you confirm that you are downloading, installing and using the Services exclusively as a trader for the purposes of your enterprise.
Postman reserves the right to modify these Terms at its discretion. If Postman makes any material changes to these Terms, we will notify you, including without limitation by email or posting a notice on www.postman.com. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Services and Websites after any such update constitutes your acceptance of such changes. Notwithstanding the above in this paragraph, if you are a consumer with your habitual residence in a Member State of the European Union or in the United Kingdom, we will notify you reasonably in advance of any material changes to these Terms, as well as of any content and use policies we may implement from time to time, by email. You may refuse to accept the new Terms by waiving the use of the Services as of the effective date of the new Terms. If you continue using the Services as of the effective date of the new Terms, you shall be deemed to have accepted the new Terms. We will inform you of this effect of your continued use of the Services when notifying you of the respective changes.
If you are agreeing to these Terms not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or government official) then "you" means your entity and you are binding your entity to these Terms. If you do not have such authority or if you do not agree with these Terms, do not accept these Terms and do not use the Services.
The Services are not intended for and should not be used by anyone under the age of 13, (or 18 for Users in the European Union), and we do not permit any Users under 13 (or 18 for Users in the European Union) on our Services. The term “User” means any individual that Uses the Services (as defined in Section 3 below). Further, you must ensure that all of your Users are at least the age of majority where you reside to use the Services and/or participate in any research study.
3. Use of the Services
3.1 Right to Use
Subject to your compliance with these Terms and paying the applicable fees, Postman grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to Use* the Services on a subscription basis in executable code form in accordance with these Terms. Except for the limited rights expressly set out in these Terms, Postman grants you no other license or right in the Services. Your rights will end when these Terms are terminated even if there are terms to the contrary set out elsewhere in these Terms or in other documentation entered into between Postman and you.
Use, Using or Used means to directly or indirectly activate the processing capabilities of the Services, load, execute, access, utilize, store, employ the Services, or display information resulting from such capabilities, including uploading any Content* or creating or generating any Content by utilizing the capabilities of the Services.
**Content refers to content featured or displayed through the Services (including through the Websites), including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Websites or otherwise available through the Services. "User-Generated Content" is Content, written or otherwise, that Users upload into or create by Using the Services. "Your Content" is User-Generated Content that you or your Users submit to the Services.
The Services include certain code and libraries licensed to us by third parties, including open source software ("OSS") as listed at here along with the applicable OSS license. Your right to use such OSS shall be governed by the applicable OSS license agreement instead of these Terms.
3.2 Postman Account
The Services allow a User to create an individual account ("Account"). The information you provide to us when you create an Account must be accurate, complete and current. You also have the obligation to keep your Account information accurate, complete and current at all times. If any of the information you submit to us changes, you must promptly update the same.
At any given point in time a single User's Account may only be logged in on a maximum of three (3) computer systems.
You must keep your Account access credentials safe and secure. You are responsible for all actions taken through your Accounts. You are required to promptly inform Postman and modify your Account login credentials or those of a permitted User if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Services through your Account. You also agree that your profile information will be accurate.
3.3 Postman Teams
All versions of the Postman Services may support working collaboratively in teams.
The User who will be responsible for the establishment and management of your team is referred to as an Admin User. Once your Admin User has created your Account, they can invite other Users to Use the Services through the "invite" feature in the Account. The Admin User will be required to provide the name, email address, and any other information required by Postman for each User.
An Admin User shall be entitled to designate more than one Admin User. Upon such designation, each new Admin User will be able to do everything that any other Admin User is permitted to do by the Services and these Terms.
A fee is charged for each User to whom you want to provide the ability to Use the Services on your behalf. You must not allow any form of time-sharing use, permit more than one individual to use the same Postman login credentials, or any other arrangement which bypasses or defeats Postman's system controls designed to enforce team size limits. Subject to the terms herein, your Admin Users may add or remove Users from your Account by following relevant instructions set out in Postman's standard published documentation for the Services. If you exceed the number of User subscriptions purchased, you may be charged additional fees, including as set forth in our Auto-Flex Policy.
3.4 The Postman API
Your Account may be accessible via the Postman application programming interface ("Postman API"). Any use of the Postman API, including use of the Postman API through a third-party product that accesses an Account, the Services or the Websites is subject to these Terms, including the following:
Excessively frequent requests via the Postman API (in excess of the rate limits set out at API.postman.com) may result in the temporary or permanent suspension of your team's access to the Postman API. Postman, in its sole and reasonable discretion, will determine abuse or excessive usage of the Postman API. Postman will make a reasonable attempt via email to communicate with the Admin User prior to suspension.
Postman reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Postman API (or any part thereof) with or without notice. Notwithstanding the above in this paragraph, if you are a consumer with your habitual residence in a Member State of the European Union or the United Kingdom, Postman may modify or discontinue, temporarily or permanently, your access to the Postman API (or any part thereof) with a reasonable prior written notice provided to you, unless the amendments and discontinuations are limited to technical evolutions that do not result in an increase in price or a change in quality and characteristics of the Postman API.
You expressly understand and agree that Postman shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Postman has been advised of the possibility of such damages), resulting from your use of the Postman API, including any access to Your Content via the Postman API. If you are a consumer with your habitual residence in a Member State of the European Union or in the United Kingdom, Section 11.3.2 shall take precedence over this paragraph 3. above.
3.5 Free Services; Beta Previews
3.5.1. You may receive access to certain products or product features on a free, fully discounted, and/or trial basis, including products or product features that are offered on a temporarily “unlimited” basis (collectively with Postman Power Pass or similar programs and offerings, “Free Services”), or as Beta Previews. Participation in and/or use of Free Services and Beta Previews are subject to these Terms and any additional terms specified by Postman, such as the applicable scope and term of use. "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
3.5.2. At any time, Postman may terminate or modify Your access to and/or use of (including applicable terms) Postman's Free Services or Beta Previews or modify Free Services or Beta Previews, with or without any notice, and with no liability to You. With respect to any such modifications, You must accept those modifications to continue accessing or using the Free Services or Beta Previews and, to the extent applicable, Your use of the Beta Previews or Free Services following such modifications shall constitute Your acceptance of any such changes. Your use of any Free Service following Postman's notification to You that You will begin to be charged fees on or after the date upon which Postman has indicated such Free Service(s) shall no longer be free of charge or otherwise provided on an unlimited basis, shall constitute Your acceptance of such Fees. Postman reserves the right to discontinue any Free Service and/or Beta Preview at any time, with or without notice.
3.5.3 Free Services or Beta Previews may be inoperable, incomplete, or include errors and bugs or features that Postman may never release, and their features and performance information are Postmans Confidential Information.
3.5.4 Notwithstanding anything else in this Agreement, to the maximum extent permitted by Law, Postman provides no warranty, indemnity, service level agreement, or support for Free Services or Beta Previews and its aggregate liability for Free Services or Beta Previews is limited to US$100. Postman's security measures and obligations do not encompass Beta Previews (except to the extent applicable to the underlying Services), and by using a Beta Preview, You do so at your own risk.
3.5.5.1 Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Postman's confidential information (collectively, "Confidential Information"), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the "Purpose"), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless expressly permit such disclosure (for example, you might be part of a Postman-organized group discussion about a private Beta Preview feature).
3.5.5.2 Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of these Terms through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Postman. You will not violate these Terms if you are required to disclose Confidential Information pursuant to operation of law, provided Postman has been given reasonable advance written notice to object, unless prohibited by law.
4. Postman's Proprietary Rights and Non-exclusivity
4.1 The Services are licensed to you and Postman does not sell the Services. You acknowledge and agree that Postman and its licensors have and retain all legal right, title and interest in the Services including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, patents, utility models, designs and any other industrial property rights and all improvements thereto, all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future, trade marks, trade name rights and similar rights, copyrights and other rights associated with works of authorship, tools, utilities, user interface, algorithms, logic, formula, scripts, work flows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein as well as any tools, features, and functionalities that leverage artificial intelligence technologies and any resulting usage data, whether registered or not, and wherever in the world they may exist. As between you and Postman, Postman shall retain all legal right, title and interest in the Content, excluding Your Content. Postman reserves all rights in and to the Services and Content that it does not expressly grant you in these Terms.
Your rights under these Terms are non-exclusive. There is no prohibition or restriction on Postman to provide the same or similar rights as set out in these Terms to any other person.
4.2 To the extent such restrictions are permitted under applicable law, scraping, data mining, extraction, duplication, or copying of any Content or Services, including but not limited to any ideas, concepts, inventions, utility models, systems, platforms, interfaces, designs, trade marks, tools, utilities, user interface, algorithms, logic, formula, scripts, work flows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, is strictly prohibited absent explicit authorization and written consent of Postman.
5. Use of Content
5.1 You may create or upload User-Generated Content while using the Services. You are solely responsible for any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. By uploading User-Generated Content while using the Services, you represent and warrant that you have all necessary rights to submit the User-Generated Content and that the User-Generated Content is, to your knowledge, accurate, and not in violation of any applicable laws, contractual restrictions or other third party rights, including without limitation intellectual property rights or privacy-related rights of any person or entity. You also agree that your profile information will be accurate. We are not responsible for any public display or misuse of your User-Generated Content.
5.2 We have the right to refuse or remove any Content that, in our sole and reasonable discretion, violates any laws or these Terms of Service.
5.3 You retain ownership of and responsibility for Your Content. Because you retain ownership of and responsibility for Your Content, we need you to grant us —and other Users— certain legal permissions listed in Sections 5.4 - 5.6. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections 5.4 - 5.6. The licenses you grant to us and our Users will end when you remove Your Content from our servers, unless other Users have forked it, in which case the licenses will continue until all such Users have removed the Content from our servers.
5.4 We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the non-exclusive, worldwide, royalty-free, sub-licensable, transferrable right to reproduce, store, archive, parse, display, represent perform and make available to the public (wired or wireless) Your Content, and make incidental copies, as necessary to provide the Services, including improving the Services over time, and to detect, prevent, and respond to security issues and violations of Services policies. This license does not grant Postman the right to sell Your Content. Postman shall not otherwise distribute or use Your Content outside of our provision of the Services, but we may release Your Content when we believe release is appropriate to comply with the law, enforce our policies, or protect ours or others' rights, property, or safety.
5.5 Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' workspaces, may be viewed by others. By making your workspace, collections, or documentation public, you agree to allow others to view and "fork" your APIs, collections, environments, mocks, monitors, and other linked entities because they become publicly accessible through your workspace, collections, or documentation. This means that others may make their own copies of Content from your workspaces, collections, or documentation in workspaces they control. If you set any of your workspaces, collections, documentation and/or entities to be viewed publicly, you grant each User of Postman a non-exclusive, worldwide, royalty-free license to copy, use, display, represent, perform and make available to the public (wired or wireless) Your Content through the Services and to reproduce such Content solely on the Services as permitted through the Services' functionality (for example, through forking). You are responsible for ensuring that you do not accidentally make any private User-Generated Content, workspaces, collections, documentation, secrets, or other sensitive data publicly available. If such data is made publicly available, Postman may remove it. Any User-Generated Content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. To the extent such restrictions are authorized by applicable law, scraping, data mining, extraction, duplicating or copying of User-Generated Content, including through AI and other automated programs or bots, or for the purposes of creating AI applications or bots, is strictly prohibited outside of the Services without the authorization of the owner of the workspace in which the User-Generated Content is hosted.
5.6 You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, to the extent permitted under applicable law, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Sections 5.4 and 5.5, but not otherwise. To the extent the foregoing is not enforceable under applicable law, you grant Postman the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Postman Websites and provide the Services.
5.7 Storage of Content. Postman provides you the ability to store all or part of Your Content on the Server*. If you use the storage functionality to store Your Content, you will be deemed to have accepted all the conditions in these Terms relating to such functionality.
*Server means the storage server and such other hardware and software resources of Postman that are used to host and store the Services and Content. Content is shared and made available for editing, modifying or downloading entirely at the risk of your Users and you. The sharing and enabling of editing/modification rights to Your Content is entirely within the control of your Users and Postman will not have any liability whatsoever to anyone associated with your Account (including your employer) if Your Content suffers loss or damage or retardation of functionality or is misappropriated pursuant to such sharing.
6. Personal Information
Your Use of the Services does not require any personally identifiable information to be uploaded into or included in the Services except to the extent set forth in this paragraph. You hereby acknowledge that Postman will collect, use, store and process email address(es), IP addresses from which you access the Services and other login or authentication credentials from both your Users and you in order to ensure that your Users and you have proper access to the Services and to resolve any issues you may encounter while Using the Services. This information may be considered personal data or personal information under the laws of the jurisdiction from which you access and Use the Services. Postman shall collect, use, store and/or process this information only for the purposes listed herein and in our Privacy Policy, which you acknowledge. Unless otherwise required by applicable law, upon termination of these Terms, any information provided by you for creation of your Account will be deleted by us from our records within a reasonable period of time following such termination, normally within six months after such termination.
Postman may collect certain data and information from you in connection with your use of the Services and otherwise in connection with these Terms. All such data and information will be collected and used by Postman in accordance with our Privacy Policy.
7. Fees and Payment
7.1 Fees
Your use of the Services is subject to you paying the fees applicable to the Services plan selected and/or used by you ("Subscription Fee"). Postman's pricing for Subscription Fees, permitted usage, and available features for each Services plan are listed at postman.com/pricing (the "Pricing").
You will pay all fees in United States Dollars per the payment terms on an Order or otherwise agreed at the time of purchase. The amount of fees payable by you shall vary depending upon the number of Users and the period for which you are authorized to Use the Services ("Subscription Term"). Payment obligations are non-cancelable and, except as expressly stated in these Terms, fees paid are non-refundable. In making payment, you acknowledge that you are downloading, installing and using the Services only as a trader for the purposes of your enterprise and that you are not relying on being able to Use the Services beyond the Subscription Term or on the availability of any future enhancements or upgrades. If you fail to pay any fees on time, Postman or as applicable, its reseller ("Reseller") reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest or minimum interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) suspend or terminate the applicable Services. If you add Users during a Subscription Term, such subscriptions will be billed at the then-current rate listed in the Pricing for your Services plan or as applicable, as agreed to between you and the Reseller, and shall be co-termed through the end of the applicable Subscription Term, as further described in our Auto-Flex Policy. If you make any purchases through a Reseller, you owe payment to the Reseller as agreed between you and the Reseller, but you acknowledge that we may terminate your right to Use the Services if we do not receive our corresponding payment from the Reseller.
Except as otherwise specified in an Order, all subscriptions will automatically renew for periods equal to your initial Subscription Term (and you will be charged at the then-current rates set forth in the Pricing or as applicable, the Reseller's pricing) unless you cancel auto-renewal of your subscription through your Account at least thirty (30) days prior to the end of the then-current Subscription Term. If you cancel auto-renewal, your subscription will terminate at the end of then-current billing cycle, or immediately if you so choose, however you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination. Additionally, cancellation of our relationship requires a written notice of termination to be provided by You, regardless of auto-renewal status, at least thirty (30) days prior to the end of the then-current Subscription Term.
7.2 Taxes
Our fees are exclusive of all taxes that are payable in respect of the Services or its Use in the jurisdiction in which the payment is either made or received ("Taxes"). To the extent that any Taxes may be payable, you must pay Postman or as applicable, the Reseller, the amount of such Taxes in addition to any Subscription Fees owed by you hereunder. Any applicable tax-exempt certificates must be provided to Postman, who will make reasonable efforts to provide you with such invoicing documents as may enable you to seek an applicable refund or credit for the amount of Taxes so paid from any relevant revenue authority.
7.3 Payment by Credit Card
When you purchase a subscription ("Purchase") from Postman, you expressly authorize Postman (or our third party payment processor) to charge you the Subscription Fee (at the then-current Pricing) and Taxes, as follows: (i) monthly in advance for monthly plans, (ii) annually in advance for annual plans, and (iii) in accordance with the Auto-Flex Policy for additional Users you add during an existing Subscription Term. Subscription Fees are subject to change, although Postman will notify you in advance of any such change.
Postman may ask you to supply additional information relevant to your Purchase, including your credit card number and expiration date, and your billing address (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Purchase, you authorize Postman to provide your Payment Information to our third party service providers so Postman can complete your Purchase and to charge your payment method for the type of Purchase you have selected (plus any Taxes and other applicable charges).
7.4 Authorization for Recurring Payments
By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or Postman. Postman or the Reseller (or our third party payment processor) will automatically charge you in accordance with your Subscription Term (e.g., each month or year), on the calendar day corresponding to the commencement of your Subscription Term, using the Payment Information you have provided. In the event your Subscription Term begins on a day not contained in a given month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. Your subscription continues until cancelled by you or Postman terminates your access to or use of the Services or the subscription in accordance with these Terms. You will pay all fees in United States Dollars per the payment terms on an Order or as otherwise agreed at the time of purchase.
8. Restrictions
You and your Users shall not:
Use the Services for any illegal purpose or in a manner that violates any law or rights of any other person;
Permit Use of the Services in a manner not authorized by these Terms;
Disassemble, decompile, unlock, reverse engineer, or decode the Services, unless and to the extent this cannot be restricted under mandatory law;
Unless otherwise authorized by Postman in writing, re-sell, grant any rights under these Terms to any third party or lease, time-share, lend or rent Services;
Scrape, data mine, extract, duplicate or otherwise copy any features, functions or user interfaces of the Services or Content without authorization, unless and to the extent this cannot be restricted under mandatory law;
Use our Services and/or Content for the purposes of developing AI applications and bots.
Engage in activities that degrade, overburden, interfere with or restrict the use and operation of the Services, including by sending or receiving excessive data transfers or requests, scraping, or engaging in denial of service attacks or similar activities;
Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Services to malfunction;
Upload or generate any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, infringing of another's rights or invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
Upload any Sensitive Personal Information* into the Services;
Use the Services in connection with spam;
Use information from the Services (whether collected through the Postman API or obtained otherwise) for spamming purposes, including for the purposes of sending unsolicited emails to users or selling personal information, such as to recruiters, headhunters, and job boards; or
use the Postman AI (i) to develop data sets, foundation models, or other large scale models that may compete with Postman or the Postman AI; (ii) to mislead any person or imply that Output generated using the Postman AI is unique or solely human generated; (iii) in a manner which violates each respective Sub-Processor's terms or codes of conduct, or any content and use policies we may implement from time to time; (iv) to generate spam or content for dissemination in an unlawful manner; or (v) in a way that violates the restrictions herein or outlined in the MSA (as applicable).
Misuse of User personal information is prohibited. Any person, entity, or service collecting data from the Services must comply with our Privacy Policy, particularly in regards to the collection of personal information. If you collect any personal information from the Services, you agree that you will only use that personal information for the purpose for which that User has authorized it. You agree that you will reasonably secure any personal information you have gathered from the Services, and you will respond promptly to complaints, removal requests, and "do not contact" requests from us or other Users.
*Sensitive Personal Information means any (i) special categories of personal data enumerated in Article 9(1) of European Union Regulation 2016/679 (GDPR), or any successor legislation, and its/their equivalent in the United Kingdom; (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (GLBA) (or related rules or regulations); (v) social security numbers, driver's license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations
9. Additional Features
9.1 Postman shall from time to time release additional features of the Services. Use of these features may be subject to payment of fees and other terms as prescribed by Postman. To use such additional features in the Services, you are required to abide by such additional terms and pay fees, as applicable.
9.2 Artificial Intelligence The Services include features that allow Users the option to use third party artificial intelligence (AI) software and applications within your workspace. By using our AI features you consent to the use of artificial intelligence through our platform, and do so at your own risk. Personal Information and other Confidential Information should not be uploaded or otherwise submitted in developing scripts through the AI features.
Use of Postman AI is governed by our AI Terms.
10. Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FUNCTIONALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. POSTMAN DOES NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICES OR THE CONTENT WILL BE SECURE, ERROR FREE, VIRUS FREE OR UNINTERRUPTED, THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE, THAT ANY CONTENT WILL NOT BE LOST OR CORRUPTED, OR THAT IT WILL BE ABLE TO RECTIFY/REMEDY ANY ERRORS OR DEFECT.
POSTMAN HAS NO CONTROL OVER THE CONTENT USED, UPLOADED OR GENERATED BY YOU IN YOUR USE OF THE SERVICES. POSTMAN UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT USED, UPLOADED OR GENERATED BY YOUR USE OF THE SERVICES. POSTMAN HAS NO CONTROL OVER THE USE THAT ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS SHARED BY YOU ON THE SERVICES. POSTMAN ASSUMES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY THIRD PARTY MAY SUFFER DUE TO ANY CONTENT USED OR SHARED BY YOU USING THE SERVICES, UNLESS IT RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS.
POSTMAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE POSTMAN'S REASONABLE CONTROL, UNLESS IT RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS.
11. Indemnity and Liability
11.1 Indemnification by Postman
Postman will defend you from any claim made by a third party that the Services infringe or misappropriate any copyright, trade secret, patent, or trademark right of that third party (a "Claim"), and we will indemnify you and hold you harmless against any damages and costs finally awarded by a court of competent jurisdiction or agreed to in a settlement by Postman (including reasonable attorneys' fees) arising out of a Claim, provided that we have received from you: (a) prompt written notice of the Claim (but in any event notice in sufficient time for us to respond without prejudice); (b) reasonable assistance in the defense and investigation of the Claim, including providing us a copy of the Claim and all relevant evidence in your possession or control; and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim, provided that we will not settle any Claim unless the settlement unconditionally releases you of all liability. Use of the Services is (or in our opinion is likely to be) enjoined, if required by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure a license for your continued Use of the Services in accordance with these Terms; (ii) substitute a substantially functionally similar Service; or (iii) terminate your right to continue using the Services and refund any prepaid, unused Subscription Fees applicable to the remaining portion of your Subscription Term. Postman's indemnification obligations above do not apply: (1) to any Services provided to you free of charge, (2) if the Services are modified by any party other than Postman, but solely to the extent the alleged infringement is caused by such modification; (3) if the Services are used in combination with any non-Postman product, software or equipment, but solely to the extent the alleged infringement is caused by such combination; (4) to unauthorized use of the Services; (5) to any Content or any Claim arising as a result of Content; or (6) if you settle or make any admissions with respect to a Claim without Postman's prior written consent. TO THE EXTENT THE ABOVE INDEMNIFICATION APPLIES, THIS SECTION 11.1 (INDEMNIFICATION BY POSTMAN) STATES OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY SERVICES, CONTENT OR OTHER ITEMS PROVIDED BY POSTMAN UNDER THESE TERMS.
11.2 Indemnification by You
You will defend Postman from any claim made by a third party in connection with any Content uploaded or generated by you or your Users in your Use of the Services, and you will indemnify and hold Postman harmless against any damages and costs finally awarded by a court of competent jurisdiction or agreed to in a settlement by you (including reasonable attorneys' fees) arising out of such a claim, provided that you have received from us: (a) prompt written notice of the claim (but in any event notice in sufficient time for you to respond without prejudice); (b) reasonable assistance in the defense and investigation of the claim, including providing you a copy of the claim and all relevant evidence in our possession or control (at your request and expense); and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the claim, provided that you may not settle any claim unless the settlement unconditionally releases Postman of all liability.
The above paragraph is not applicable if you are a consumer with your habitual residence in a Member State of the European Union or the United Kingdom.
11.3 Limitation of Liability
11.3.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSTMAN, ITS REPRESENTATIVES, AND LICENSORS SHALL TO THE EXTENT PERMITTED BY APPLICABLE MANDATORY LAW NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY LOSS OF CONTENT, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME OR PROFIT, OR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES OR CONTENT, WHETHER OR NOT POSTMAN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. EXCEPT IN THE CASE OF YOUR VIOLATION OF THE RESTRICTIONS IN SECTION 8, NEITHER PARTY'S LIABILITY TO THE OTHER SHALL EXCEED THE FEES PAID BY YOU TO POSTMAN IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, POSTMAN'S AGGREGATE LIABILITY TO YOU AS IT RELATES TO (I) SERVICES THAT ARE FREE OF CHARGE AND/OR (II) RESEARCH STUDIES SHALL NOT EXCEED USD 50.
11.3.2 NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, IF YOU ARE A CONSUMER WITH YOUR HABITUAL RESIDENCE IN A MEMBER STATE OF THE EUROPEAN UNION OR IN THE UNITED KINGDOM, POSTMAN IS LIABLE IN ACCORDANCE WITH THE STATUTORY PROVISIONS OR COMMON LAW (AS APPLICABLE) FOR DAMAGES CAUSED BY POSTMAN THROUGH FRAUD, WILLFUL INTENT OR GROSS NEGLIGENCE. IN THE CASE OF SIMPLE NEGLIGENCE, TO THE EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW, POSTMAN IS ONLY LIABLE IN THE EVENT OF A BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION AND ONLY FOR FORESEEABLE AND TYPICAL DAMAGES. ESSENTIAL CONTRACTUAL OBLIGATIONS ARE THOSE OF WHICH FULFILLMENT IS ESSENTIAL FOR THE PROPER RENDERING OF THE SERVICES. THE LIMITATIONS OF LIABILITY DO NOT APPLY TO DAMAGES FOR DEATH OR PERSONAL INJURY, WILLFUL INTENT OR GROSS NEGLIGENCE NOR TO DAMAGES RESULTING FROM PRODUCT LIABILITY OR ANY OTHER MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY.
12. Termination and Take-Down
Postman will not terminate these Terms except as set out in this section below. Should you wish to terminate these Terms, you are required to provide 14 days' notice to Postman by sending an email with subject line "Services Termination" to help@postman.com and specifically mention the Services you are Using.
Postman has the right to terminate these Terms, if (i) you have breached any term in these Terms, (ii) it is required to do so under law, or (iii) Postman decides to discontinue the Services, subject to giving 14 days' notice. Notwithstanding the above, Postman has the right to terminate the Terms for convenience at any time, subject to giving 14 days' prior notice.
If Postman receives a take-down request for any of Your Content, it shall take reasonable steps to determine the basis for such notice. If Postman concludes that it is legally obligated to comply with such request or that it is appropriate for Postman to comply with such request, it may, in its sole and absolute discretion (or, if you have your habitual residence in a Member State of the European Union, based on reasonable criteria), remove such Content as set out in the policies on the Legal portion of www.postman.com. Postman will not have any liability to you as result of taking down Content in accordance with this Section 12, unless it results from a breach by Postman of one of its obligations.
13. Publicity Rights
We may identify you as a Postman customer in our promotional materials subject to our Privacy Policy. You may request that we stop doing so by submitting an email to sales@postman.com at any time.
14. General Terms
These Terms constitute the entire agreement between you and Postman regarding your Use of the Services, and supersedes all prior agreements (written or oral) between you and Postman in relation to the Services. You agree that any term or condition stated in your purchase order or in any other order documentation (excluding Postman forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order, and (2) these Terms.
You must keep all information received by you from Postman in relation to the Services or otherwise, strictly confidential. You are not permitted to share such information with any third party without prior written permission of Postman.
You agree that if Postman does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Postman has the benefit of under any applicable law), this will not be taken to be a formal waiver of Postman's rights and that those rights or remedies will still be available to Postman.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision shall be deemed removed from these Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
The rights granted in these Terms may not be assigned or transferred by you without the prior written approval of Postman. You are not permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Postman. Postman is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under these Terms. If you are a consumer with your habitual residence in a Member State of the European Union or the United Kingdom, we don't need your agreement for an assignment, transfer or delegation provided that your rights under these Terms aren't affected.
The Terms apply whether you purchase our Services directly from Postman or through a Reseller. Resellers are not authorized to make any promises or commitments on Postman's behalf, and we are not bound by any obligations to you other than what we specify in these Terms unless required by applicable mandatory law.
We're always trying to improve Services, and your feedback as a User (including Beta Previews) will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our Services (collectively, "Feedback"), you acknowledge and agree that Postman will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to reproduce, copy, implement, use, distribute, modify, commercially exploit, rent and lend, represent, perform, make available to the public (wired or wireless) and/or incorporate the Feedback into our Services and documentation. Please send any Feedback that you have for the Services to help@postman.com.
The Services are subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments. You agree to comply with all applicable export and import laws and regulations in your access to, use of, and download of the Services (or any part thereof). You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country and (ii) none of Your Content is controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Services for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, or to a military end-user or for a military end-use in China, Russia or Venezuela, without the prior permission of the United States government.
*Prohibited Person is anyone on the U.S. Commerce Department's Denied Persons, Entity, or Unverified Lists, the U.S. Treasury Department's list of Specially Designated Nationals and Consolidated Sanctions list, anyone sanctioned by the Office of Financial Sanctions Implementation (“OFSI”) of the HM Treasury or anyone sanctioned by the Council of the European Union and administered by the designated authorities within each Member State.
These Terms shall be governed by the laws of the state of Delaware and the United States, without regard to any conflict of law provisions. Notwithstanding this, if you are a consumer with your habitual residence in a Member State of the European Union or in the United Kingdom, the protection of the mandatory provisions of the law (including consumer protection law) of the state in which you have your habitual residence is not excluded.
You and Postman agree to submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware to resolve any dispute arising out of these Terms or the use of the Services.
The obligations in Sections 3.5.2, 4, 5, 6, 7, 8, 10, 11, 12, and 14 will survive any expiration or termination of these Terms.
Imagination Technologies Limited ("Imagination") provides this Software subject to the terms of this Agreement. If you do not agree with any of these terms, then do not install or otherwise use the Software.
Definitions
"Software" means all or any component comprising the software in source or binary form, documentation, or other materials including any related updates or upgrades made available by Imagination under this Agreement from time to time.
License Grant
Subject to your compliance with the terms of this Agreement, Imagination grants to you a non-exclusive, non-assignable license to:
(a) use the Software for the sole purpose of developing, profiling, or assisting in the optimisation of internal, commercial, or non-commercial applications;
(b) distribute the Software as a component of your application, provided that:
you do not distribute the Software on a stand alone basis;
you distribute such Software under terms no less restrictive than those in this Agreement;
you comply with the attribution requirements set out in Appendix 1;
you are solely responsible for any update, support obligation or other liability that may arise from such distribution; and
you do not make any statements that your application or its performance are certified, guaranteed or otherwise endorsed by Imagination; and
(c) use the Software as expressly authorised by Imagination in writing, on the payment and/or support terms set out in Appendix 2 (if applicable).
Restrictions
Other than as expressly permitted herein, you may not: (i) use the Software for any unauthorised purpose; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance the Software, create derivative works or attempt to discover the source code for any element of the Software not already provided in source code form; (iii) remove any proprietary or copyright notices on or accompanying the Software; or (iv) incorporate or combine the Software, with any open source software in such a way that would cause the Software, or any portion thereof, to be subject to all or part of the license obligations or other intellectual property related terms with respect to such open source software.
Ownership and Contributions
Imagination retains all ownership of the Software, including without limitation all copyrights and other intellectual property rights therein. To the extent you provide any feedback or make any contributions in connection with the Software (collectively "contributions"), you agree to assign all intellectual property rights in such contribution to Imagination and agree not to assert any related rights against Imagination or any of its customers or licensees. You understand and agree that Imagination is not required to make any use of any contribution that you provide, but that if Imagination makes use of your contribution, neither Imagination nor any of its customers or licensees are required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in your contribution to comply with the foregoing.
Warranty Disclaimer
THE SOFTWARE IS PROVIDED "AS IS". IMAGINATION HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL IMAGINATION BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS AGREEMENT AND/OR YOUR USE OF THE SOFTWARE OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF IMAGINATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Third Party Materials
All third party materials packaged with the Software, including without limitation, artwork, graphics, game demos and patches, are the sole and exclusive property of such third parties. Imagination makes no representations or warranties about the accuracy, usability or validity of any third party materials, and disclaims all liabilities in connection with such third party materials.
Term
This Agreement is effective until terminated. Imagination has the right to terminate this Agreement immediately if you fail to comply with any term of this Agreement. You may terminate this Agreement by destroying or returning to Imagination all copies of the Software in your possession.
Governing Law
This Agreement is governed by and shall be construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England.
APPENDIX 1: ATTRIBUTION REQUIREMENTS
If source code is released as it is, the Copyright notice should be kept in a visible position. If object code is bundled with a product, all branding should be kept as it was originally, and the following acknowledgement should be displayed clearly in any associated documentation or other collateral in printed or electronic form distributed with the product incorporating the Software: "This product includes components of the PowerVR Tools Software from Imagination Technologies Limited". If source code is used to compile a product, the following acknowledgement should be displayed clearly in any associated documentation or other collateral in printed or electronic form distributed with the product incorporating the Software: "This product includes components of the PowerVR Tools Software from Imagination Technologies Limited".
APPENDIX 2: FEES
LICENSE FEES: 0 (Zero)
ROYALTY FEES: 0 (Zero)
SUPPORT AND MAINTENANCE TERMS AND FEES: 0 (Zero)
Peer Production License
Created by John Magyar, B.A., J.D. and Dmytri Kleiner, the following Peer Production License, a model for a Copyfarleft license, has been derived from the Creative Commons ‘Attribution-NonCommercial-ShareAlike' license available at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode.
LICENSE
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS COPYFARLEFT PUBLIC LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
1. DEFINITIONS
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale, gift or any other transfer of possession or ownership.
d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
g. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
2. FAIR DEALING RIGHTS
Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
3. LICENSE GRANT
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(f).
4. RESTRICTIONS
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(d), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(d), as requested.
b. Subject to the exception in Section 4(c), you may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
c. You may exercise the rights granted in Section 3 for commercial purposes only if:
i. You are a worker-owned business or worker-owned collective; and
ii. all financial gain, surplus, profits and benefits produced by the business or collective are distributed among the worker-owners
d. Any use by a business that is privately owned and managed, and that seeks to generate profit from the labor of employees paid by salary or other wages, is not permitted under this license.
e. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(d) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
f. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License if Your exercise of such rights is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(b) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,
iii.Voluntary License Schemes. The Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(b).
g. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. LIMITATION ON LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. TERMINATION
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. MISCELLANEOUS
a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
The authors hereby grant permission to use, copy, modify, distribute,
and license this software and its documentation for any purpose,
provided that existing copyright notices are retained in all copies and
that this notice and the following disclaimer are included verbatim in
any distributions. No written agreement, license, or royalty fee is
required for any of the authorized uses.
THIS SOFTWARE IS PROVIDED BY THE CONTRIBUTORS *AS IS* AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
Free Software License for Binary Distributions
Revision 4, October 2008
Definitions
"Software" refers to the collection of files, including, but not limited to, source code, programs, binary executables, images, and scripts, which are distributed by proconX.
"Copyright Holder" is whoever is named in the copyright or copyrights for the Software.
"You" is you, if you are thinking about using, copying or distributing this Software.
License Terms
You may use this Software for commercial or non-commercial purposes without charge if You accept this License.
You are not required to accept this License, since You have not signed it. However, nothing else grants You permission to use or distribute the Software or its derivative works. These actions are prohibited by law if You do not accept this License. Therefore, by using or distributing the Software (or any work based on the Software), You indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or using the Software or works based on it.
You may not copy, modify, sublicense, or distribute the Software except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Software is void, and will automatically terminate your rights under this License.
You may make binary copies of this Software and individual parts of this Software for your own purpose without restriction.
If you wish to incorporate parts of the Software into other programs and/or if you wish to obtain the source code, write to the author.
You may distribute this Software as a whole, provided that:
it includes all of the original Copyright Notices and associated Disclaimers and License documents;
You leave the original Software distribution unmodified;
and it includes all accompanying documentation.
You may charge a reasonable copying fee for any distribution of this Software. You may not charge a fee for this Software itself. However, You may distribute this Software in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that You do not advertise this Software as a product of your own.
The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
BECAUSE THE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This License is governed by the laws of Queensland, Australia, excluding choice of law rules. If any part of this License is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the License shall be affected.
ProGuard is free. You can use it freely for processing your applications,
commercial or not. Your code obviously remains yours after having been processed, and its license can remain the same.
The ProGuard code itself is copyrighted, but its distribution license provides you with some rights for modifying and redistributing its code and its documentation. More specifically, ProGuard is distributed under the terms of the GNU General Public License (GPL), version 2, as published by the Free Software Foundation (FSF). In short, this means that you may freely redistribute the program, modified or as is, on the condition that you make the complete source code available as well. If you develop a program that is linked with ProGuard, the program as a whole has to be distributed at no charge under the GPL. I am granting a special exception to the latter clause (in wording suggested by the FSF), for combinations with the following stand-alone applications: Apache Ant, Apache Maven, the Google Android SDK, the Eclipse ProGuardDT GUI, the EclipseME JME IDE, the Oracle NetBeans Java IDE, the Oracle JME Wireless Toolkit, the Intel TXE SDK, the Simple Build Tool for Scala, the NeoMAD Tools by Neomades, the Javaground Tools, and the Sanaware Tools.
The ProGuard user documentation is copyrighted as well. It may only be redistributed without changes, along with the unmodified version of the code.
This component is normally licensed under a proprietary license agreement with
a supplier that has terms and conditions that restrict the use of the code,
but may not require payment to the supplier.
The Prosperity Public License 1.0.1
Copyright Notice: {Licensor Name}
Source Notice: {https://example.com/project}
This license lets you use and share this software for free,
with a trial-length time limit on commercial use. Specifically:
If you follow the rules below, you may do everything with this
software that would otherwise infringe my copyright in it or any
patent claim I can license that covers this software as of my
latest contribution.
1. You must limit use of this software in any manner primarily
intended for or directed toward commercial advantage or
private monetary compensation to a trial period of 32
consecutive calendar days. This limit does not apply to use in
developing feedback, modifications, or extensions that you
contribute back to those giving this license.
2. Ensure everyone who gets a copy of this software from you,
in source code or any other form, gets the text of this
license and the copyright and source notices above.
3. Do not make any legal claim against anyone for infringing
any patent claim they would infringe by using this software
alone, accusing this software, with or without changes,
alone or as part of a larger program.
You are excused for unknowingly breaking rule 1 if you stop
doing anything requiring this license within 30 days of
learning you broke the rule.
**This software comes as is, without any warranty at all. As far
as the law allows, I will not be liable for any damages related
to this software or this license, for any kind of legal claim.**
The Prosperity Public License 2.0
Copyright Notice: {Licensor Name}
Source Notice: {https://example.com/project}
This license lets you use and share this software for free,
with a trial-length time limit on commercial use. Specifically:
If you follow the rules below, you may do everything with this
software that would otherwise infringe either the contributor's
copyright in it, any patent claim the contributor can license
that covers this software as of the contributor's latest
contribution, or both.
1. You must limit use of this software in any manner primarily
intended for or directed toward commercial advantage or
private monetary compensation to a trial period of 32
consecutive calendar days. This limit does not apply to use in
developing feedback, modifications, or extensions that you
contribute back to those giving this license.
2. Ensure everyone who gets a copy of this software from you, in
source code or any other form, gets the text of this license
and the contributor and source code lines above.
3. Do not make any legal claim against anyone for infringing any
patent claim they would infringe by using this software alone,
accusing this software, with or without changes, alone or as
part of a larger application.
You are excused for unknowingly breaking rule 1 if you stop
doing anything requiring this license within 30 days of
learning you broke the rule.
**This software comes as is, without any warranty at all. As far
as the law allows, the contributor will not be liable for any
damages related to this software or this license, for any kind of
legal claim.**
# The Prosperity Public License 3.0.0
Contributor: $name
Source Code: $address
## Purpose
This license allows you to use and share this software for noncommercial purposes for free and to try this software for commercial purposes for thirty days.
## Agreement
In order to receive this license, you have to agree to its rules. Those rules are both obligations under that agreement and conditions to your license. Don't do anything with this software that triggers a rule you can't or won't follow.
## Notices
Make sure everyone who gets a copy of any part of this software from you, with or without changes, also gets the text of this license and the contributor and source code lines above.
## Commercial Trial
Limit your use of this software for commercial purposes to a thirty-day trial period. If you use this software for work, your company gets one trial period for all personnel, not one trial per person.
## Contributions Back
Developing feedback, changes, or additions that you contribute back to the contributor on the terms of a standardized public software license such as [the Blue Oak Model License 1.0.0](https://blueoakcouncil.org/license/1.0.0), [the Apache License 2.0](https://www.apache.org/licenses/LICENSE-2.0.html), [the MIT license](https://spdx.org/licenses/MIT.html), or [the two-clause BSD license](https://spdx.org/licenses/BSD-2-Clause.html) doesn't count as use for a commercial purpose.
## Personal Uses
Personal use for research, experiment, and testing for the benefit of public knowledge, personal study, private entertainment, hobby projects, amateur pursuits, or religious observance, without any anticipated commercial application, doesn't count as use for a commercial purpose.
## Noncommercial Organizations
Use by any charitable organization, educational institution, public research organization, public safety or health organization, environmental protection organization, or government institution doesn't count as use for a commercial purpose regardless of the source of funding or obligations resulting from the funding.
## Defense
Don't make any legal claim against anyone accusing this software, with or without changes, alone or with other technology, of infringing any patent.
## Copyright
The contributor licenses you to do everything with this software that would otherwise infringe their copyright in it.
## Patent
The contributor licenses you to do everything with this software that would otherwise infringe any patents they can license or become able to license.
## Reliability
The contributor can't revoke this license.
## Excuse
You're excused for unknowingly breaking [Notices](#notices) if you take all practical steps to comply within thirty days of learning you broke the rule.
## No Liability
***As far as the law allows, this software comes as is, without any warranty or condition, and the contributor won't be liable to anyone for any damages related to this software or this license, under any kind of legal claim.***
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer
in the documentation and/or other materials provided with the
distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Code generated by the Protocol Buffer compiler is owned by the owner
of the input file used when generating it. This code is not
standalone and requires a support library to be linked with it. This
support library is itself covered by the above license.
The font and related files in this directory are distributed under the
GNU AFFERO GENERAL PUBLIC LICENSE Version 3 (see the file COPYING), with
the following exemption:
As a special exception, permission is granted to include these font
programs in a Postscript or PDF file that consists of a document that
contains text to be displayed or printed using this font, regardless
of the conditions or license applying to the document itself.
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
1. This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using this software ("Python") in source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Python Software Foundation; All Rights Reserved" are retained in Python alone or in any derivative version prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python.
4. PSF is making Python available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
7. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
8. By copying, installing or otherwise using Python, Licensee agrees to be bound by the terms and conditions of this License Agreement.
PSF LICENSE AGREEMENT FOR PYTHON 3.7.2
1. This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and
the Individual or Organization ("Licensee") accessing and otherwise using Python
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2. Subject to the terms and conditions of this License Agreement, PSF hereby
grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce,
analyze, test, perform and/or display publicly, prepare derivative works,
distribute, and otherwise use Python 3.7.2 alone or in any derivative
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3. In the event Licensee prepares a derivative work that is based on or
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derivative work available to others as provided herein, then Licensee hereby
agrees to include in any such work a brief summary of the changes made to Python
3.7.2.
4. PSF is making Python 3.7.2 available to Licensee on an "AS IS" basis.
PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR
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USE OF PYTHON 3.7.2 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 3.7.2
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF
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8. By copying, installing or otherwise using Python 3.7.2, Licensee agrees
to be bound by the terms and conditions of this License Agreement.
This system is distributed in the hope that it will be useful, but WITHOUT ANY
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Note: "S3AEMUL" consists of the following files: licence.txt (this
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NO WARRANTY
BECAUSE PSION S3AEMUL IS LICENSED FREE OF CHARGE, WE PROVIDE
ABSOLUTELY NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE OTHERWISE STATED IN WRITING, PSION PLC PROVIDE S3AEMUL
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SHOULD THE S3AEMUL PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
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IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL PSION PLC BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES,
OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH PROGRAMS
NOT DISTRIBUTED BY PSION PLC), EVEN IF YOU HAVE BEEN ADVISED OF THE
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i). SiEMUL may be used on a royalty free basis.
ii). You may copy and distribute copies of SiEMUL in the same form
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Note: "SiEMUL" consists of the following files: licence.txt (this
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SiEMUL is protected by United Kingdom copyright laws and
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NO WARRANTY
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EXCEPT WHERE OTHERWISE STATED IN WRITING, PSION PLC PROVIDE SiEMUL
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
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SHOULD THE SiEMUL PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL PSION PLC BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES,
OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH PROGRAMS
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ii). You may copy and distribute copies of WrkAEmul in the same form
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Note: "WrkAEmul" consists of the following files: licence.txt (this
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international treaty provisions. The licensee acknowledges that no
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and that the licensee will not acquire any rights to WrkAEmul except
as expressly set forth in this licence. The licensee agrees that any
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WrkAEmul.
REVERSE ENGINEERING
The licensee agrees that he or she will not attempt to reverse
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NO WARRANTY
BECAUSE PSION WRKAEMUL IS LICENSED FREE OF CHARGE, WE PROVIDE
ABSOLUTELY NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE OTHERWISE STATED IN WRITING, PSION PLC PROVIDE WRKAEMUL
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE WRKAEMUL PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL PSION PLC BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES,
OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH PROGRAMS
NOT DISTRIBUTED BY PSION PLC), EVEN IF YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
PS Utilities Package
The constituent files of this package listed below are copyright (C) 1991-1995 Angus J. C. Duggan.
LICENSE Makefile.msc Makefile.nt Makefile.os2
Makefile.unix README config.h descrip.mms
epsffit.c epsffit.man extractres.man extractres.pl
fixdlsrps.man fixdlsrps.pl fixfmps.man fixfmps.pl
fixmacps.man fixmacps.pl fixpsditps.man fixpsditps.pl
fixpspps.man fixpspps.pl fixscribeps.man fixscribeps.pl
fixtpps.man fixtpps.pl fixwfwps.man fixwfwps.pl
fixwpps.man fixwpps.pl fixwwps.man fixwwps.pl
getafm getafm.man includeres.man includeres.pl
maketext patchlev.h psbook.c psbook.man
pserror.c pserror.h psmerge.man psmerge.pl
psnup.c psnup.man psresize.c psresize.man
psselect.c psselect.man psspec.c psspec.h
pstops.c pstops.man psutil.c psutil.h
showchar
They may be copied and used for any purpose (including distribution as part of a for-profit product), provided:
1) The original attribution of the programs is clearly displayed in the product and/or documentation, even if the programs are modified and/or renamed as part of the product.
2) The original source code of the programs is provided free of charge (except for reasonable distribution costs). For a definition of reasonable distribution costs, see the Gnu General Public License or Larry Wall's Artistic License (provided with the Perl 4 kit). The GPL and Artistic License in NO WAY affect this license; they are merely used as examples of the spirit in which it is intended.
3) These programs are provided "as-is". No warranty or guarantee of their fitness for any particular task is provided. Use of these programs is completely at your own risk.
Basically, I don't mind how you use the programs so long as you acknowledge the author, and give people the originals if they want them.
(translated from the Japanese)
About the license
· Distribution of this software is free.
· Recognize the use of part or all of the source code, the use of it and modify.
· It is not necessary according to the name of our need to ask permission to us when you use the source code, nor.
This code is hereby placed in the public domain.
THIS SOFTWARE IS PROVIDED BY THE AUTHORS ''AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer and license: Regarding this entire document or any
portion of it (including the pseudocode and C code), the author
makes no guarantees and is not responsible for any damage resulting
from its use. The author grants irrevocable permission to anyone
to use, modify, and distribute it in any way that does not diminish
the rights of anyone else to use, modify, and distribute it,
provided that redistributed derivative works do not contain
misleading author or version information. Derivative works need
not be licensed under similar terms.
This software is not subject to any license of the American Telephone
and Telegraph Company or the Regents of the University of California.
Permission is granted to anyone to use this software for any purpose on any
computer system, and to alter it and redistribute it freely, subject to the following
restrictions:
1. Neither the authors nor Purdue University are responsible for any
consequences of the use of this software.
2. The origin of this software must not be misrepresented, either by
explicit claim or by omission. Credit to the authors and Purdue
University must appear in documentation and sources.
3. Altered versions must be plainly marked as such, and must not be
misrepresented as being the original software.
4. This notice may not be removed or altered.
pybench License
---------------
This copyright notice and license applies to all files in the pybench
directory of the pybench distribution.
Copyright (c), 1997-2006, Marc-Andre Lemburg (mal@lemburg.com)
Copyright (c), 2000-2006, eGenix.com Software GmbH (info@egenix.com)
All Rights Reserved.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee or royalty is hereby
granted, provided that the above copyright notice appear in all copies
and that both that copyright notice and this permission notice appear
in supporting documentation or portions thereof, including
modifications, that you make.
THE AUTHOR MARC-ANDRE LEMBURG DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE !
PyCrypto License
The following software may be included in this product:
PyCrypto - The Python Cryptography Toolkit
===================================================================
Distribute and use freely; there are no restrictions on further
dissemination and usage except those imposed by the laws of your
country of residence. This software is provided "as is" without
warranty of fitness for use or suitability for any purpose, express
or implied. Use at your own risk or not at all.
===================================================================
Incorporating the code into commercial products is permitted; you do
not have to make source available or contribute your changes back
(though that would be nice).
PyGres, version 2.2 A Python interface for PostgreSQL database. Written by
D'Arcy J.M. Cain, (darcy@druid.net). Based heavily on code written by
Pascal Andre, andre@chimay.via.ecp.fr. Copyright (c) 1995, Pascal Andre
(andre@via.ecp.fr).
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose, without fee, and without a written
agreement is hereby granted, provided that the above copyright notice and
this paragraph and the following two paragraphs appear in all copies or in
any new file that contains a substantial portion of this file.
IN NO EVENT SHALL THE AUTHOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE
AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE AUTHOR SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
AUTHOR HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES,
ENHANCEMENTS, OR MODIFICATIONS.
Further modifications copyright 1997, 1998, 1999 by D'Arcy J.M. Cain
(darcy@druid.net) subject to the same terms and conditions as above.
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
--------------------------------------------
1. This LICENSE AGREEMENT is between the Python Software Foundation
("PSF"), and the Individual or Organization ("Licensee") accessing and
otherwise using this software ("Python") in source or binary form and
its associated documentation.
2. Subject to the terms and conditions of this License Agreement, PSF hereby
grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce,
analyze, test, perform and/or display publicly, prepare derivative works,
distribute, and otherwise use Python alone or in any derivative version,
provided, however, that PSF's License Agreement and PSF's notice of copyright,
i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 Python Software Foundation;
All Rights Reserved" are retained in Python alone or in any derivative version
prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to Python.
4. PSF is making Python available to Licensee on an "AS IS"
basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
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7. Nothing in this License Agreement shall be deemed to create any
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Licensee. This License Agreement does not grant permission to use PSF
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8. By copying, installing or otherwise using Python, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.
BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0
-------------------------------------------
BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1
1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an
office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the
Individual or Organization ("Licensee") accessing and otherwise using
this software in source or binary form and its associated
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2. Subject to the terms and conditions of this BeOpen Python License
Agreement, BeOpen hereby grants Licensee a non-exclusive,
royalty-free, world-wide license to reproduce, analyze, test, perform
and/or display publicly, prepare derivative works, distribute, and
otherwise use the Software alone or in any derivative version,
provided, however, that the BeOpen Python License is retained in the
Software, alone or in any derivative version prepared by Licensee.
3. BeOpen is making the Software available to Licensee on an "AS IS"
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4. BEOPEN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
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5. This License Agreement will automatically terminate upon a material
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6. This License Agreement shall be governed by and interpreted in all
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7. By copying, installing or otherwise using the software, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.
CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
---------------------------------------
1. This LICENSE AGREEMENT is between the Corporation for National
Research Initiatives, having an office at 1895 Preston White Drive,
Reston, VA 20191 ("CNRI"), and the Individual or Organization
("Licensee") accessing and otherwise using Python 1.6.1 software in
source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, CNRI
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Python 1.6.1
alone or in any derivative version, provided, however, that CNRI's
License Agreement and CNRI's notice of copyright, i.e., "Copyright (c)
1995-2001 Corporation for National Research Initiatives; All Rights
Reserved" are retained in Python 1.6.1 alone or in any derivative
version prepared by Licensee. Alternately, in lieu of CNRI's License
Agreement, Licensee may substitute the following text (omitting the
quotes): "Python 1.6.1 is made available subject to the terms and
conditions in CNRI's License Agreement. This Agreement together with
Python 1.6.1 may be located on the internet using the following
unique, persistent identifier (known as a handle): 1895.22/1013. This
Agreement may also be obtained from a proxy server on the internet
using the following URL: http://hdl.handle.net/1895.22/1013".
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python 1.6.1 or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to Python 1.6.1.
4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS"
basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
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DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
7. This License Agreement shall be governed by the federal
intellectual property law of the United States, including without
limitation the federal copyright law, and, to the extent such
U.S. federal law does not apply, by the law of the Commonwealth of
Virginia, excluding Virginia's conflict of law provisions.
Notwithstanding the foregoing, with regard to derivative works based
on Python 1.6.1 that incorporate non-separable material that was
previously distributed under the GNU General Public License (GPL), the
law of the Commonwealth of Virginia shall govern this License
Agreement only as to issues arising under or with respect to
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License Agreement shall be deemed to create any relationship of
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8. By clicking on the "ACCEPT" button where indicated, or by copying,
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ACCEPT
CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
--------------------------------------------------
Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
The Netherlands. All rights reserved.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation, and that the name of Stichting Mathematisch
Centrum or CWI not be used in advertising or publicity pertaining to
distribution of the software without specific, written prior
permission.
STICHTING MATHEMATISCH CENTRUM DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
ZERO-CLAUSE BSD LICENSE FOR CODE IN THE PYTHON DOCUMENTATION
----------------------------------------------------------------------
Permission to use, copy, modify, and/or distribute this software for any
purpose with or without fee is hereby granted.
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PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
--------------------------------------------
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CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
---------------------------------------
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CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
--------------------------------------------------
Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
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THE Q PUBLIC LICENSE version 1.0
Copyright (C) 1999 Troll Tech AS, Norway.
Everyone is permitted to copy and
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The intent of this license is to establish freedom to share and change
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This license applies to any software containing a notice placed by the copyright holder saying that it may be distributed under the terms of the Q Public License version 1.0. Such software is herein referred to as the Software. This license covers modification and distribution of the Software, use of third-party application programs based on the Software, and development of free software which uses the Software.
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a. You must ensure that all recipients of machine-executable forms of these items are also able to receive and use the complete machine-readable source code to the items without any charge beyond the costs of data transfer.
b. You must explicitly license all recipients of your items to use and re-distribute original and modified versions of the items in both machine-executable and source code forms. The recipients must be able to do so without any charges whatsoever, and they must be able to re-distribute to anyone they choose.
c. If the items are not available to the general public, and the initial developer of the Software requests a copy of the items, then you must supply one.
Limitations of Liability
In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise.
No Warranty
The Software and this license document are provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Choice of Law
This license is governed by the Laws of Norway. Disputes shall be settled by Oslo City Court.
Qpopper(tm) is licensed by QUALCOMM Incorporated under the following
terms and conditions. ANY USE OF QPOPPER CONSTITUTES AGREEMENT TO
THESE TERMS.
1. Warranty Disclaimer. QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS
IS." QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE QPOPPER SOFTWARE AND/OR ASSOCIATED MATERIALS
PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
INFRINGEMENT. QUALCOMM does not warrant that the functions
contained in the software will meet your requirements, or that the
operation of the software will be uninterrupted or error-free, or
that defects in the software will be corrected. Furthermore,
QUALCOMM does not warrant or make any representations regarding
the use or the results of the use of the software or any
documentation provided therewith in terms of their correctness,
accuracy, reliability, or otherwise. No oral or written
information or advice given by QUALCOMM or a QUALCOMM
representative shall create a warranty or in any way increase the
scope of this warranty.
2. Limitation of Liability. QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
FOR ANY CLAIMS OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH
THE QPOPPER SOFTWARE, INCLUDING WITHOUT LIMITATION PROPERTY
DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
3. Using and Distributing Qpopper. If a party agrees to these terms
and conditions, such party may copy and use Qpopper for any
purpose, and distribute unmodified complete copies of Qpopper to
any third party provided that such third party must agree to these
terms and conditions prior to any use of Qpopper. Failure to
include these license terms when distributing Qpopper shall be a
material breach of this agreement, and the party committing such
breach shall defend and indemnify QUALCOMM Incorporated against
all claims, losses, liabilities, damages, costs and expenses,
including attorney's fees, which QUALCOMM may incur in connection
with such breach.
4. Modifying Qpopper. Qpopper consists of (i) intellectual property
owned by QUALCOMM Incorporated, and (ii) intellectual property
owned by the Regents of the University of California. Any
modifications to the U.C.-owned portions of Qpopper are subject to
the provisions of Section 7 below. A party to this agreement may
create derivative works of the QUALCOMM-owned portions of the
Qpopper software, distribute such derivative works to third
parties, and permit such third parties to copy and use such
derivative works subject to the following restrictions:
(a) The protocol greeting banner and the CAPA IMPLEMENTATION
response tag must include clear notification that Qpopper has
been modified (for example,
"FooPopper-by-Foo-Networks-hacked-from-Qpopper-4.0").
(b) Detailed notification of all modifications must be clearly and
conspicuously included within the modified source files, and
in a separate document. All of the source files and the
document describing the changes must be distributed with the
modified software.
(c) When distributing the modified software the distributing party
must clearly and conspicuously communicate to all recipients
that the modified software is produced by the party that
modified the software and is not a QUALCOMM product.
(d) The term "Qpopper" shall not be used in connection with the
modified software except in a purely factual manner when
describing the history or development of the software.
(e) The modified software must be licensed to end users using a
license agreement which expressly states that portions of the
modified software are based on code owned by QUALCOMM
Incorporated, that such QUALCOMM code is only provided on the
terms stated in this agreement, and that QUALCOMM bears no
responsibility whatsoever for any modifications to the QUALCOMM
code.
(f) The modifying party shall defend and indemnify QUALCOMM
Incorporated against all claims, losses, liabilities, damages,
costs and expenses, including attorney's fees, which QUALCOMM
may incur in connection with any intellectual property
infringement or similar claim related to the modified
software, if such claim is related to that party's
modifications.
5. Notices. QUALCOMM is a registered trademark and registered service
mark of QUALCOMM Incorporated. Qpopper is a trademark of QUALCOMM
Incorporated. QUALCOMM does not grant any party the right to use
such marks on any modified version of the Qpopper software. All
other trademarks and service marks are the property of their
respective owners. The Qpopper software, excluding the portions
owned by the Regents of the University of California, is Copyright
1993-2006 QUALCOMM Incorporated. All rights not expressly granted
herein are reserved by QUALCOMM.
6. General. This agreement is governed and interpreted in accordance
with the laws of the State of California without giving effect to
its conflict of laws provisions. Any claim arising out of or
related to this agreement must be brought exclusively in the state
or federal courts located in San Diego County, California. The
United Nations Convention on Contracts for the International Sale
of Goods is expressly disclaimed. If any provision of this
agreement shall be invalid, the validity of the remaining
provisions of this agreement shall not be affected. This
agreement is the entire and exclusive agreement between QUALCOMM
and any user of the Qpopper software with respect to the software
and supersedes all prior agreements (whether written or oral) and
other communications related to the software.
7. IMPORTANT.
This software program contains code, and/or derivatives or
modifications of code originating from the software program
"Popper." Popper is (c) Copyright 1989-1991 The Regents of the
University of California, All Rights Reserved. Popper was
created by Austin Shelton, Information Systems and Technology,
University of California, Berkeley. Permission from the Regents of
the University of California to use, copy, modify, and distribute
the "Popper" software contained herein for any purpose, without
fee, and without a written agreement is hereby granted, provided
that the above copyright notice and this paragraph and the
following two paragraphs appear in all copies. HOWEVER, ADDITIONAL
PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO
USE DERIVATIVES OR MODIFICATIONS OF POPPER.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY
PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE
POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS
DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.
QSkinny License
Version 1.0, November 1, 2016
QSkinny is Copyright (C) 2016 Uwe Rathmann
You may use, distribute and copy QSkinny under the terms of
GNU Lesser General Public License version 2.1, which is displayed below
with the following exceptions:
1. The object code form of a "work that uses the Library" may incorporate
material from a header file that is part of the Library. You may
distribute such object code under terms of your choice, provided that:
(i) the header files of the Library have not been modified; and
(ii) the incorporated material is limited to numerical parameters, data
structure layouts, accessors, macros, inline functions and
templates; and
(iii) you comply with the terms of Section 6 of the GNU Lesser General
Public License version 2.1.
Qt FOR APPLICATION DEVELOPMENT LICENSE AGREEMENT
Agreement version 1.1
This Qt for Application Development License Agreement ("Agreement") is a legal agreement between The Qt Company Ltd ("The Qt Company") with its registered office at Valimotie 21, 00380 Helsinki, Finland and you (either an individual or a legal entity) ("Licensee") for the Licensed Software (as defined below).
Please, read these license terms through carefully. By selecting "I accept the Agreement", you are deemed to accept these license terms and to commit yourself to observing them. When representing a legal entity, you should ensure your due authorization to approve these terms before you select "I accept the Agreement". Otherwise, we regard you as personally responsible for compliance with this Agreement. For clarity, please note that in case there already exists a signed license agreement between you and The Qt Company, this Agreement shall not override such an existing agreement but it shall continue to be valid subject to its applicable terms.
Under this Agreement, the Licensee has purchased one (1) of the three (3) different below mentioned rights applicable to the Licensed Software (as defined below):
(i) A perpetual license, which shall be valid for an unlimited time as further stated in this Agreement ("Perpetual License"); or
(ii) A subscription license, which shall be valid for the time period specified by the Qt Company ("Subscription License"); or
(iii) A limited subscription license, which includes a discount in payment based on Licensee´s limited annual sales revenue, as further stated in Section 14.5 and www.qt.io, and which shall be valid for the time period specified by the Qt Company ("Limited Subscription License"). For clarity, Limited Subscription License shall not include any Support (as defined below).
1. DEFINITIONS
"Affiliate" of a Party shall mean an entity (i) which is directly or indirectly controlling such Party; (ii) which is under the same direct or indirect ownership or control as such Party; or (iii) which is directly or indirectly owned or controlled by such Party. For these purposes, an entity shall be treated as being controlled by another if that other entity has fifty percent (50 %) or more of the votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body.
"Applications" shall mean Licensee’s software products created using the Licensed Software which may include portions of the Licensed Software.
"Continued-Usage Term" shall mean, depending on the option purchased by Licensee, either a) if the Licensee has purchased Perpetual License; perpetuity; or b) if the Licensee has purchased Subscription License or Limited Subscription License; the paid term.
"Deployment Platforms" shall mean those operating systems in which the Licensed Software can be distributed on according to the terms and conditions of this Agreement, especially Section 5.2.
"Development Platforms" shall mean those operating systems in which the Licensed Software can be used only for designing, developing and testing Applications, but not distributed in any form or used for any other purpose.
"Designated User(s)" shall mean the employee(s) of Licensee acting within the scope of their employment or Licensee’s consultant(s) or contractor(s) acting within the scope of their services for Licensee and on behalf of Licensee.
"License Certificate" shall mean the document accompanying the Licensed Software which specifies the modules which are licensed under the Agreement, Development Platforms, Deployment Platforms and Designated Users.
"Licensed Software" shall mean the computer software, "online" or electronic documentation, associated media and printed materials, including the source code, example programs and the documentation delivered by The Qt Company to Licensee in conjunction with this Agreement. Licensed Software does not include Third Party Software (as defined in Section 7).
"Modified Software" shall mean modifications made to the Licensed Software by Licensee.
"Online Services" shall mean any services or access to systems provided by The Qt Company to the Licensee over Internet in conjunction with the Licensed Software or for the purpose of use by the Licensee of the Licensed Software or Support. Using some of the Online Services may be subject to additional fees.
"Party or Parties" shall mean Licensee and/or The Qt Company.
"Redistributables" shall mean the portions of the Licensed Software set forth in Appendix 1, Section 1 that may be distributed with or as part of Applications in object code form.
"Renewal Term" shall mean a) in case the Licensee has purchased a Perpetual License: a time period of twelve (12) months, and b) in case the Licensee has purchased Subscription License or Limited Subscription License, a time period specified by the Qt Company at www.qt.io or directly to the Licensee.
"Start-For-Free Term" shall mean the period from the later of (a) the Effective Date; or (b) the date the Licensed Software was initially delivered to Licensee by The Qt Company prior to the Supported Term. If no specific Effective Date is set forth in the Agreement, the Effective Date shall be deemed to be the date the Licensed Software was initially delivered to Licensee. Unless otherwise agreed with The Qt Company in writing, the maximum duration of Start-For-Free Term shall be thirty (30) days.
"Support" shall mean standard developer support that is provided by The Qt Company to assist eligible Designated Users in using the Licensed Software in accordance with its established standard support procedures.
"Supported Term" shall mean a time period that the Licensee has selected and paid for Support for the Licensed Software, calculated from either (i) the end of the Start-For-Free Term, or (ii) from the purchase of the Supported Term, or (iii) from end of the previous Supported Term, as applicable. For the Limited Subscription License, Supported Term shall mean a time period for which the Licensee has selected and paid for usage of Licensed Software.
"Updates" shall mean a release or version of the Licensed Software containing enhancements, new features, bug fixes, error corrections and other changes that are generally made available to users of the Licensed Software that have contracted for maintenance and support.
2. OWNERSHIP
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
To the extent Licensee submits bug fixes or error corrections, including information related thereto, Licensee hereby grants The Qt Company a sublicensable, irrevocable, perpetual, worldwide, non-exclusive, royalty-free and fully paid-up copyright and trade secret license to reproduce, adapt, translate, modify, and prepare derivative works of, publicly display, publicly perform, sublicense, make available and distribute error corrections and bug fixes, including derivative works thereof. All The Qt Company’s and/or its licensors’ trademarks, service marks, trade names, logos or other words or symbols are and shall remain the exclusive property of The Qt Company or its licensors respectively.
3. MODULES
Some of the files in the Licensed Software have been grouped into modules. These files contain specific notices defining the module of which they are a part. The modules licensed to Licensee are specified in the License Certificate accompanying the Licensed Software. The terms of the License Certificate are considered part of the Agreement. In the event of inconsistency or conflict between the language of this Agreement and the License Certificate, the provisions of this Agreement shall govern.
4. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee should not install, copy, or otherwise use the Licensed Software. In addition, by installing, copying, or otherwise using any Updates or other components of the Licensed Software that Licensee receives separately as part of the Licensed Software, Licensee agrees to be bound by any additional license terms that accompany such Updates, if any. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee should not install, copy, or otherwise use such Updates.
Upon Licensee’s acceptance of the terms and conditions of this Agreement, The Qt Company grants Licensee the right to use the Licensed Software in the manner provided below.
5. LICENSES GRANTED
5.1 General
5.1.1 Licensee is hereby granted a free of charge license for the Start-For-Free Term as described in Section 5.2 below. For clarity, Section 5.3 shall not apply for the Start-For-Free Term.
5.1.2 Licensee may purchase additional license(s) for Continued-Usage Term, as described in Sections 5.2 and 5.3 below, subject to The Qt Company’s payment terms and conditions applicable at the time of purchase. In addition, Licensee may purchase license(s) for the Continued-Usage Term without such a preceding Start-For-Free Term.
5.2 Licenses granted during the Start-For-Free Term and the Continued-Usage Term
5.2.1 Using, Modifying and Copying
The Qt Company grants to Licensee a non-exclusive, non-transferable, limited term license to use, modify and copy the Licensed Software for Designated Users specified in the License Certificate for the sole purposes of:
(i) designing, developing, and testing Application(s);
(ii) modifying the Licensed Software as limited by section 8 below; and
(iii) compiling the Licensed Software and/or Modified Software source code into object code.
Licensee may install copies of the Licensed Software on an unlimited number of computers provided that only the Designated Users use the Licensed Software.
Licensee may at any time during the Supported Term designate another Designated User to replace a then-current Designated User by notifying The Qt Company, provided that a) the then-current Designated User has not been designated as a replacement during the last six (6) months; and b) there is no more than the specified number of Designated Users at any given time.
5.3 Limited Redistribution right for the Continued-Usage Term only
The limited distribution licenses granted in this Section 5.3 shall only be applicable to the Continued-Usage Term, but not to Start-For-Free Term.
a) The Qt Company grants Licensee a non-exclusive, royalty-free right to reproduce and distribute the object code form of Redistributables (listed in Appendix 1, Section 1) for execution on the specified Deployment Platforms, excluding the Joint Hardware and Software Distribution as defined in b) below. Copies of Redistributables may only be distributed with and for the sole purpose of executing Applications permitted under this Agreement that Licensee has created using the Licensed Software. Under no circumstances may any copies of Redistributables be distributed separately. This Agreement does not give Licensee any rights to distribute any of the parts of the Licensed Software listed in Appendix 1, Section 2, neither as a whole nor as parts or snippets of code.
b) Licensee may not distribute, transfer, assign or otherwise dispose of Applications and/or Redistributables, in binary/compiled form, or in any other form, if such action is part of a Joint Software and Hardware Distribution, except as provided by a separate runtime distribution license with The Qt Company or one of its authorized distributors. A Joint Hardware and Software Distribution shall be defined as either:
(i) distribution of a hardware device where, in its final end user configuration, the main user interface of the device is provided by Application(s) created by Licensee or others, using Licensed Software or Licensed Software based software product, and depends on the Licensed Software or an open source version of Qt or any Qt based software product; or
(ii) distribution of the Licensed Software with a device designed to facilitate the installation of the Licensed Software onto the same device where the main user interface of such device is provided by Application(s) created by Licensee or others, using the Licensed Software, and depends on the Licensed Software.
c) For the avoidance of doubt, should the Licensee wish to distribute Licensed Software as a part of software development kit (SDK) for the purpose of developing Applications by Licensee´s customers for Licensee´s products, such distribution is subject to a separate Qt SDK distribution license agreement to be concluded with The Qt Company.
The licenses granted in this Section 5 by The Qt Company to Licensee are subject to Licensee’s compliance with Section 8 of this Agreement.
6. VERIFICATION
The Qt Company or a certified auditor on The Qt Company’s behalf, may, upon its reasonable request and at its expense, audit Licensee with respect to the use of the Licensed Software. Such audit may be conducted by mail, electronic means or through an in-person visit to Licensee’s place of business. Any such in-person audit shall be conducted during regular business hours at Licensee’s facilities and shall not unreasonably interfere with Licensee’s business activities. The Qt Company will not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that Licensee is using the Licensed Software in a way that is in material violation of the terms of the Agreement, then Licensee shall pay The Qt Company’s reasonable costs of conducting the audit. In the case of a material violation, Licensee agrees to pay The Qt Company any amounts owing that are attributable to the unauthorized use. Alternatively, The Qt Company reserves the right, at The Qt Company’s sole option, to terminate the licenses for the Licensed Software.
7. THIRD PARTY SOFTWARE
The Licensed Software may provide links to third party libraries or code (collectively "Third Party Software") to implement various functions. Third Party Software does not comprise part of the Licensed Software. In some cases, access to Third Party Software may be included along with the Licensed Software delivery as a convenience for development and testing only. Such source code and libraries may be listed in the "…/src/3rdparty" source tree delivered with the Licensed Software or documented in the Licensed Software where the Third Party Software is used, as may be amended from time to time, do not comprise the Licensed Software. Licensee acknowledges (i) that some part of Third Party Software may require additional licensing of copyright and patents from the owners of such, and (ii) that distribution of any of the Licensed Software referencing any portion of a Third Party Software may require appropriate licensing from such third parties.
8. CONDITIONS FOR CREATING APPLICATIONS
The licenses granted in this Agreement for Licensee to create, modify and distribute Applications is subject to all of the following conditions: (i) all copies of the Applications Licensee creates must bear a valid copyright notice either Licensee’s own or the copyright notice that appears on the Licensed Software; (ii) Licensee may not remove or alter any copyright, trademark or other proprietary rights notice contained in any portion of the Licensed Software including but not limited to the About Boxes; (iii) Licensee will indemnify and hold The Qt Company, its Affiliates, contractors, and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of Applications; (iv) Applications must be developed using a licensed, registered copy of the Licensed Software; (v) Applications must add primary and substantial functionality to the Licensed Software; (vi) Applications may not pass on functionality which in any way makes it possible for others to create software with the Licensed Software; however Licensee may use the Licensed Software’s scripting and QML ("Qt Quick") functionality solely in order to enable scripting, themes and styles that augment the functionality and appearance of the Application(s) without adding primary and substantial functionality to the Application(s); (vii) Licensee may create Modified Software that breaks the source or binary compatibility with the Licensed Software. This includes, but is not limited to, changing the application programming interfaces ("API") by adding, changing or deleting any variable, method, or class signature in the Licensed Software, the inter-process QCop specification, and/or any inter-process protocols, services or standards in the Licensed Software libraries. To the extent that Licensee breaks source or binary compatibility with the Licensed Software, Licensee acknowledges that The Qt Company’s ability to provide Support may be prevented or limited and Licensee’s ability to make use of Updates may be restricted; (viii) Applications may not compete with the Licensed Software; (ix) Licensee may not use The Qt Company’s or any of its suppliers’ names, logos, or trademarks to market Applications, except to state that Licensee’s Application(s) was developed using the Licensed Software; and (x) each Designated User creating the Application(s) needs to have a separate license for the Licensed Software.
NOTE: If Licensee, or another third party, has, at any time, developed or distributed all (or any portions of) the Application(s) using an open source version of Qt licensed under the terms of the GNU Lesser General Public License, version 2.1 or later ("LGPL") or the GNU General Public License version 2.0 or later ("GPL"), Licensee may contact The Qt Company via email to address sales@qt.io to ask for the necessary permission to combine such development work with the Licensed Software. The Qt Company shall evaluate Licensee´s request, and respond to the request with estimated license costs and other applicable terms and details relating to the permission for the Licensee, depending on the actual situation in question. Copies of the licenses referred to above are located at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html, http://www.gnu.org/licenses/lgpl-3.0.html, http://www.fsf.org/licensing/licenses/info/GPLv2.html, and http://www.gnu.org/copyleft/gpl-3.0.html.
9. PRE-RELEASE CODE
The Licensed Software may contain pre-release code and functionality marked or otherwise stated as "Technology Preview", "Alpha", "Beta" or similar. Such pre-release code may be present in order to provide experimental support for new platforms or preliminary version of new functionality. The pre-release code is not at the level of performance and compatibility of a final, generally available, product offering. The pre-release parts of the Licensed Software may not operate correctly and may be substantially modified prior to the first commercial product release, if any. The Qt Company is under no obligation to make pre-release code commercially available, or provide any Support or Updates relating thereto.
10. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The Qt Company hereby represents and warrants with respect to the Licensed Software that it has the power and authority to grant the rights and licenses granted to Licensee under this Agreement. Except as set forth above, the Licensed Software is licensed to Licensee "as is". To the maximum extent permitted by applicable law, The Qt Company on behalf of itself and its suppliers, disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement regarding to the Licensed Software.
11. LIMITATION OF LIABILITY
If, The Qt Company’s warranty disclaimer notwithstanding, The Qt Company is held to be liable to Licensee whether in contract, tort, or any other legal theory, based on the Licensed Software, The Qt Company’s entire liability to Licensee and Licensee’s exclusive remedy shall be, at The Qt Company’s option, either (a) return of the price Licensee paid for the Licensed Software, or (b) repair or replacement of the Licensed Software, provided Licensee returns all copies of the Licensed Software to The Qt Company as originally delivered to Licensee. The Qt Company shall not under any circumstances be liable to Licensee based on failure of the Licensed Software if the failure resulted from accident, abuse or misapplication, nor shall The Qt Company, under any circumstances, be liable for special damages, punitive or exemplary damages, damages for loss of profits or interruption of business or for loss or corruption of data. Any award of damages from The Qt Company to Licensee shall not exceed the total amount Licensee has paid to The Qt Company in connection with this Agreement.
12. SUPPORT, UPDATES AND ONLINE SERVICES
Licensee will be eligible to receive Support and Updates and to use the Online Services during the Supported Term, in accordance with The Qt Company’s then current policies and procedures, if any. Such policies and procedures may be changed from time to time. For clarity, under the Limited Subscription License, the Licensee shall not be eligible to receive any Support for the Licensed Software.
As for the Perpetual License, unless Licensee notifies The Qt Company in writing no less than thirty (30) days prior to each expiry of Supported Term, Supported Term may, at the Qt Company’s option be extended by Renewal Term, subject to due payments by Licensee and subject to The Qt Company’s terms and conditions applicable at the time of extension.
In the event Licensee selects not to have Supported Term extended, The Qt Company shall, following the expiry of Supported Term, no longer make the Licensed Software, Support, Updates or Online Services available to Licensee.
13. CONFIDENTIALITY
Each party acknowledges that during the Start-For-Free-Term and Supported Term of this Agreement it shall have access to information about the other party’s business, business methods, business plans, customers, business relations, technology, and other information, including the terms of this Agreement, that is confidential and of great value to the other party, and the value of which would be significantly reduced if disclosed to third parties ("Confidential Information"). Accordingly, when a party (the "Receiving Party") receives Confidential Information from another party (the "Disclosing Party"), the Receiving Party shall, and shall obligate its employees and agents and employees and agents of its Affiliates to: (i) maintain the Confidential Information in strict confidence; (ii) not disclose the Confidential Information to a third party without the Disclosing Party’s prior written approval; and (iii) not, directly or indirectly, use the Confidential Information for any purpose other than for exercising its rights and fulfilling its responsibilities pursuant to this Agreement. Each party shall take reasonable measures to protect the Confidential Information of the other party, which measures shall not be less than the measures taken by such party to protect its own confidential and proprietary information.
"Confidential Information" shall not include information that (a) is or becomes generally known to the public through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure hereunder and was not subject to limitations on disclosure or use; (c) is developed by employees of the Receiving Party or other persons working for the Receiving Party who have not had access to the Confidential Information of the Disclosing Party, as proven by the written records of the Receiving Party or by persons who have not had access to the Confidential Information of the Disclosing Party as proven by the written records of the Receiving Party; (d) is lawfully disclosed to the Receiving Party without restrictions, by a third party not under an obligation of confidentiality; or (e) the Receiving Party is legally compelled to disclose the information, in which case the Receiving Party shall assert the privileged and confidential nature of the information and cooperate fully with the Disclosing Party to protect against and prevent disclosure of any Confidential Information and to limit the scope of disclosure and the dissemination of disclosed Confidential Information by all legally available means.
The obligations of the Receiving Party under this Section shall continue during the Supported Term and for a period of five (5) years after expiration or termination of this Agreement. To the extent that the terms of the Non-Disclosure Agreement between The Qt Company and Licensee conflict with the terms of this Section 13, this Section 13 shall be controlling over the terms of the Non-Disclosure Agreement.
14. GENERAL PROVISIONS
14.1 No Assignment
Licensee shall not be entitled to assign or transfer all or any of its rights, benefits and obligations under this Agreement without the prior written consent of The Qt Company, which shall not be unreasonably withheld. The Qt Company shall be entitled to assign or transfer any of its rights, benefits or obligations under this Agreement on an unrestricted basis.
14.2 Termination
The Qt Company may terminate the Agreement at any time immediately upon written notice by The Qt Company to Licensee if Licensee breaches this Agreement.
Either party shall have the right to terminate this Agreement immediately upon written notice in the event that the other party becomes insolvent, files for any form of bankruptcy, makes any assignment for the benefit of creditors, has a receiver, administrative receiver or officer appointed over the whole or a substantial part of its assets, ceases to conduct business, or an act equivalent to any of the above occurs under the laws of the jurisdiction of the other party.
Upon termination of the Licenses, Licensee shall cease using the Licensed Software and return to The Qt Company all copies of Licensed Software that were supplied by The Qt Company. All other copies of Licensed Software in the possession or control of Licensee must be erased or destroyed. An officer of Licensee must promptly deliver to The Qt Company a written confirmation that this has occurred.
14.3 Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of this Agreement shall also be deemed to survive. Such surviving terms and conditions include, but are not limited to the Section 13.
14.4 Entire Agreement
This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matters discussed herein, with the exception of the non-disclosure agreement executed by the parties in connection with this Agreement ("Non-Disclosure Agreement"), if any, shall be subject to Section 13. No modification of this Agreement shall be effective unless contained in a writing executed by an authorized representative of each party. No term or condition contained in Licensee’s purchase order shall apply unless expressly accepted by The Qt Company in writing. If any provision of the Agreement is found void or unenforceable, the remainder shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Agreement shall remain in effect.
14.5 Payment and Taxes
If credit has been extended to Licensee by The Qt Company, all payments under this Agreement are due within thirty (30) days of the date The Qt Company mails its invoice to Licensee. If The Qt Company has not extended credit to Licensee, Licensee shall be required to make payment concurrent with the delivery of the Licensed Software by The Qt Company. All amounts payable are gross amounts but exclusive of any value added tax, use tax, sales tax or similar tax. Licensee shall be entitled to withhold from payments any applicable withholding taxes and comply with all applicable tax and employment legislation. Each party shall pay all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld or deducted from payments). Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original withholding tax certificates.
As for the Limited Subscription License, the fees under this Agreement applicable for the Licensee, as further stated in www.qt.io, are subject to Licensee´s annual sales revenue being smaller than one hundred thousand (<100,000) USD. In case the Licensee´s annual sales revenue would increase up to one hundred thousand (100,000) USD or more, (i) the Licensee shall inform The Qt Company without undue delay in written form of such increase, and (ii) The Qt Company shall reserve the right to change applicable pricing for The Licensee, depending on The Qt Company´s then current pricing, as further stated in www.qt.io. The Licensee shall have the obligation, upon reasonable prior request by The Qt Company, to prove that its annual sales revenue is smaller than one hundred thousand (<100,000) USD in order for the Licensee to be entitled to continue using the Limited Subscription License.
14.6 Force Majeure
Neither party shall be liable to the other for any delay or non-performance of its obligations hereunder other than the obligation of paying the license fees in the event and to the extent that such delay or non-performance is due to an event of Force Majeure (as defined below). If any event of Force Majeure results in a delay or non-performance of a party for a period of three (3) months or longer, then either party shall have the right to terminate this Agreement with immediate effect without any liability (except for the obligations of payment arising prior to the event of Force Majeure) towards the other party. A "Force Majeure" event shall mean an act of God, terrorist attack or other catastrophic event of nature that prevents either party for fulfilling its obligations under this Agreement.
14.7 Notices
Any notice given by one party to the other shall be deemed properly given and deemed received if specifically acknowledged by the receiving party in writing or when successfully delivered to the recipient by hand, fax, or special courier during normal business hours on a business day to the addresses specified below. Each communication and document made or delivered by one party to the other party pursuant to this Agreement shall be in the English language or accompanied by a translation thereof.
Notices to The Qt Company shall be given to:
The Qt Company Ltd
Attn: Legal
Valimotie 21
FI-00380 Helsinki
Finland
Fax: +358 10 313 3700
14.8 Export Control
Licensee acknowledges that the Licensed Software may be subject to export control restrictions of various countries. Licensee shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Licensed Software and/or Modified Software and/or Applications and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the Licensed Software, Modified Software or Applications.
14.9 Personal Data
For the purposes of this Agreement, personal data shall include but is not limited to: individual user´s name, email address, telephone number, profile, and any other information from which the individual user can be identified ("Personal Data"). Upon signing of this Agreement, the Licensee explicitly gives its consent to the process and transfer of any Personal Data relating to the Licensee or its Designated Users, for the purposes stated below.
The Qt Company may pass Personal Data outside The Qt Company group (1) if and to the extent a third party service provider has a strict need-to-know basis for such Personal Data to be able to provide its services to The Qt Company, or (2) in order to comply with the law or requests of governmental entities. Given the global nature of The Qt Company´s business, processing information for such purposes may involve a cross-border transfer of Personal Data. In addition, The Qt Company may collect individual user´s IP address and browser cookies about the use of services or tools relating to Licensed Software, and visits to The Qt Company´s web pages.
In processing and transferring Personal Data The Qt Company shall comply with all applicable European or foreign data protection laws as effective from time to time.
14.10 Governing Law and Legal Venue
This Agreement shall be construed and interpreted in accordance with the laws of Finland, excluding its choice of law provisions. Any disputes, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration tribunal shall consist of one (1), or if either Party so requires, of three (3), arbitrators. The award shall be final and binding and enforceable in any court of competent jurisdiction. The arbitration shall be held in Helsinki, Finland and the process shall be conducted in the English language.
14.11 No Implied License
There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with The Qt Company and its licensors. In addition, no licenses or immunities are granted to the combination of the Licensed Software and/or Modified Software, as applicable, with any other software or hardware not delivered by The Qt Company under this Agreement.
Appendix 1
1. Parts of the Licensed Software that are permitted for distribution ("Redistributables")
– The Licensed Software’s essential and add-on libraries that have been included in an officially released version of the Licensed Software, in object code form
– The Licensed Software’s configuration tool ("qtconfig")
– The Licensed Software’s help tool in object code/executable form ("Qt Assistant")
– The Licensed Software’s internationalization tools in object code/executable form ("Qt Linguist", "lupdate", "lrelease")
– The Licensed Software’s designer tool ("Qt Designer")
– The Licensed Software’s IDE tool ("Qt Creator"), excluding any parts or plug-ins which are delivered to Licensee only in object code
– The Licensed Software’s QML ("Qt Quick") launcher tool ("qmlscene" and "qmlviewer") in object code/executable form
– The Licensed Software’s installer framework
2. Parts of the Licensed Software that are not permitted for distribution without a separate SDK distribution license agreement include, but are not limited to
– The Licensed Software’s source code and header files
– The Licensed Software’s documentation
– The Licensed Software’s documentation generation tool ("qdoc")
– The Licensed Software’s tool for writing makefiles ("qmake")
– The Licensed Software’s Meta Object Compiler ("moc")
– The Licensed Software’s User Interface Compiler ("uic" or in the case of Qt Jambi: "juic")
– The Licensed Software’s Resource Compiler ("rcc")
– The Licensed Software’s generator (only in the case of Qt Jambi if applicable)
– The Licensed Software’s parts of the IDE tool ("Qt Creator") that are delivered to Licensee only in object code
– The Licensed Software’s Emulator
Qt LICENSE AGREEMENT
Agreement version 4.4.1
This Qt License Agreement (“Agreement”) is a legal agreement for the licensing of Licensed Software (as defined below) between The Qt Company (as defined below) and the Licensee who has accepted the terms of this Agreement by signing this Agreement or by downloading or using the Licensed Software or in any other appropriate means.
Capitalized terms used herein are defined in Section 1.
WHEREAS:
Licensee wishes to use the Licensed Software for the purpose of developing and distributing Applications and/or Devices (each as defined below);
The Qt Company is willing to grant the Licensee a right to use Licensed Software for such a purpose pursuant to term and conditions of this Agreement; and
Parties wish to enable that their respective Affiliates also can sell and purchase licenses to serve Licensee Affiliates’ needs to use Licensed Software pursuant to terms of the Agreement. Any such license purchases by Licensee Affiliates from The Qt Company or its Affiliates will create contractual relationship directly between the relevant The Qt Company and the respective ordering Licensee Affiliate (“Acceding Agreement”). Accordingly, Licensee shall not be a party to any such Acceding Agreement, and no rights or obligations are created to the Licensee thereunder but all rights and obligations under such Acceding Agreement are vested and borne solely by the ordering Licensee Affiliate and the relevant The Qt Company as a contracting parties under such Acceding Agreement.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS
“Affiliate” of a Party shall mean an entity (i) which is directly or indirectly controlling such Party; (ii) which is under the same direct or indirect ownership or control as such Party; or (iii) which is directly or indirectly owned or controlled by such Party. For these purposes, an entity shall be treated as being controlled by another if that other entity has fifty percent (50 %) or more of the votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body.
“Add-on Products” shall mean The Qt Company’s specific add-on software products which are not licensed as part of The Qt Company’s standard product offering, but shall be included into the scope of Licensed Software only if so specifically agreed between the Parties.
“Agreement Term” shall mean the validity period of this Agreement, as set forth in Section 12.
“Applications” shall mean software products created using the Licensed Software, which include the Redistributables, or part thereof.
“Contractor(s)” shall mean third party consultants, distributors and contractors performing services to the Licensee under applicable contractual arrangement.
“Customer(s)” shall mean Licensee’s customers to whom Licensee, directly or indirectly, distributes copies of the Redistributables as integrated or incorporated into Applications or Devices.
“Data Protection Legislation” shall mean the General Data Protection Regulation (EU 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as may be amended or updated from time to time, as well as any other data protection laws or regulations applicable in relevant territory.
“Deployment Platforms” shall mean target operating systems and/or hardware specified in the License Certificate, on which the Redistributables can be distributed pursuant to the terms and conditions of this Agreement.
“Designated User(s)” shall mean the employee(s) of Licensee or Licensee’s Affiliates acting within the scope of their employment or Licensee's Contractors acting within the scope of their services on behalf of Licensee.
“Development License” shall mean the license needed by the Licensee for each Designated User to use the Licensed Software under the license grant described in Section 3.1 of this Agreement. Development Licenses are available per respective Licensed Software products, each product having its designated scope and purpose of use.
“Development License Term” shall mean the agreed validity period of the Development License or QA Tools license during which time the relevant Licensed Software product can be used pursuant to this Agreement. Agreed Development License Term, as ordered and paid for by the Licensee, shall be memorialized in the applicable License Certificate.
“Development Platforms” shall mean those host operating systems specified in the License Certificate, in which the Licensed Software can be used under the Development License.
“Devices” shall mean
hardware devices or products that
are manufactured and/or distributed by the Licensee, its Affiliates, Contractors or Customers, and
incorporate, integrate or link to Applications such that substantial functionality of such unit, when used by an End User, is provided by Application(s) or otherwise depends on the Licensed Software, regardless of whether the Application is developed by Licensee or its Contractors; or
Applications designed for the hardware devices specified in item (1).
Devices covered by this Agreement shall be specified in Appendix 2 or in a quote.
“Distribution License(s)” shall mean a royalty-bearing license required for any kind of sale, trade, exchange, loan, lease, rental or other distribution by or on behalf of Licensee to a third party of Redistributables in connection with Devices pursuant to license grant described in Section 3.3 of this Agreement. Distribution Licensed are sold separately for each type of Device respectively and cannot be used for any type of Devices at Licensee’s discretion.
“Distribution License Packs” shall mean set of prepaid Distribution Licenses for distribution of Redistributables, as defined in The Qt Company’s standard price list, quote, Purchase Order confirmation or in an Appendix 2 hereto, as the case may be.
“End User” shall mean the final end user of the Application or a Device.
“Evaluation License Term” shall mean a time period specified in the License Certificate for the Licensee to use the relevant Licensed Software for evaluation purposes according to Section 3.6 herein.
“Intellectual Property Rights” shall mean patents (including utility models), design patents, and designs (whether or not capable of registration), chip topography rights and other like protection, copyrights, trademarks, service marks, trade names, logos or other words or symbols and any other form of statutory protection of any kind and applications for any of the foregoing as well as any trade secrets.
“License Certificate” shall mean a certificate generated by The Qt Company for each Designated User respectively upon them downloading the Licensed Software, which will be available under respective Designated User’s Qt Account at account.qt.io. License Certificates will specify relevant information pertaining the Licensed Software purchased by Licensee and Designated User’s license to the Licensed Software.
“License Fee” shall mean the fee charged to the Licensee for rights granted under the terms of this Agreement.
“Licensed Software” shall mean specified product of commercially licensed version of Qt Software and/or QA Tools defined in Appendix 1 and/or Appendix 3, which Licensee has purchased and which is provided to Licensee under the terms of this Agreement. Licensed Software shall include corresponding online or electronic documentation, associated media and printed materials, including the source code (where applicable), example programs and the documentation. Licensed Software does not include Third Party Software (as defined in Section 4) or Open Source Qt. The Qt Company may, in the course of its development activities, at its free and absolute discretion and without any obligation to send or publish any notifications to the Licensee or in general, make changes, additions or deletions in the components and functionalities of the Licensed Software, provided that no such changes, additions or deletions will affect the already released version of the Licensed Software, but only upcoming version(s).
“Licensee” shall mean the individual or legal entity that is party to this Agreement.
“Licensee’s Records” shall mean books and records that contain information bearing on Licensee’s compliance with this Agreement, Licensee’s use of Open Source Qt and/or the payments due to The Qt Company under this Agreement, including, but not limited to user information, assembly logs, sales records and distribution records.
“Modified Software” shall have the meaning as set forth in Section 2.3.
“Online Services” shall mean any services or access to systems made available by The Qt Company to the Licensee over the Internet relating to the Licensed Software or for the purpose of use by the Licensee of the Licensed Software or Support. Use of any such Online Services is discretionary for the Licensee and some of them may be subject to additional fees.
“Open Source Qt” shall mean Qt Software available under the terms of the GNU Lesser General Public License, version 2.1 or later (“LGPL”) or the GNU General Public License, version 2.0 or later (“GPL”). For clarity, Open Source Qt shall not be provided, governed or used under this Agreement.
”Party” or “Parties” shall mean Licensee and/or The Qt Company.
“Permitted Software” shall mean (i) third party open source software products that are generally available for public in source code form and free of any charge under any of the licenses approved by Open Source Initiative as listed on https://opensource.org/licenses, which may include parts of Open Source Qt or be developed using Open Source Qt; and (ii) software The Qt Company has made available via its Qt Marketplace online distribution channel.
“Pre-Release Code” shall have the meaning as set forth in Section 4.
“Prohibited Combination” shall mean any effort to use, combine, incorporate, link or integrate Licensed Software with any software created with or incorporating Open Source Qt, or use Licensed Software for creation of any such software.
“Purchase Order” shall have the meaning as set forth in Section 10.2.
"QA Tools” shall mean software libraries and tools as defined in Appendix 1 depending on which product(s) the Licensee has purchased under the Agreement.
“Qt Software” shall mean the software libraries and tools of The Qt Company, which The Qt Company makes available under commercial and/or open source licenses.
“Redistributables" shall mean the portions of the Licensed Software set forth in Appendix 1 that may be distributed pursuant to the terms of this Agreement in object code form only, including any relevant documentation. Where relevant, any reference to Licensed Software in this Agreement shall include and refer also to Redistributables.
“Renewal Term” shall mean an extension of previous Development License Term as agreed between the Parties.
“Submitted Modified Software” shall have the meaning as set forth in Section 2.3.
“Support” shall mean standard developer support that is provided by The Qt Company to assist Designated Users in using the Licensed Software in accordance with this Agreement and the Support Terms.
“Support Terms” shall mean The Qt Company’s standard support terms specified in Appendix 9 hereto.
“Taxes” shall have the meaning set forth in Section 10.5.
“The Qt Company” shall mean:
in the event Licensee is an individual residing in the United States or a legal entity incorporated in the United States or having its headquarters in the United States, The Qt Company Inc., a Delaware corporation with its office at 3031 Tisch Way, 110 Plazbertela West, San Jose, CA 95128, USA.; or
in the event the Licensee is an individual residing outside of the United States or a legal entity incorporated outside of the United States or having its registered office outside of the United States, The Qt Company Ltd., a Finnish company with its registered office at Miestentie 7, 02150 Espoo, Finland.
"Third-Party Software" shall have the meaning set forth in Section 4.
“Updates” shall mean a release or version of the Licensed Software containing bug fixes, error corrections and other changes that are generally made available to users of the Licensed Software that have contracted for Support. Updates are generally depicted as a change to the digits following the decimal in the Licensed Software version number. The Qt Company shall make Updates available to the Licensee under the Support. Updates shall be considered as part of the Licensed Software hereunder.
“Upgrades” shall mean a release or version of the Licensed Software containing enhancements and new features and are generally depicted as a change to the first digit of the Licensed Software version number. In the event Upgrades are provided to the Licensee under this Agreement, they shall be considered as part of the Licensed Software hereunder.
2. OWNERSHIP
2.1. Ownership of The Qt Company
The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
All of The Qt Company's Intellectual Property Rights are and shall remain the exclusive property of The Qt Company or its licensors respectively. No rights to The Qt Company’s Intellectual Property Rights are assigned or granted to Licensee under this Agreement, except when and to the extent expressly specified herein.
2.2. Ownership of Licensee
All the Licensee’s Intellectual Property Rights are and shall remain the exclusive property of the Licensee or its licensors respectively.
All Intellectual Property Rights to the Modified Software, Applications and Devices shall remain with the Licensee and no rights thereto shall be granted by the Licensee to The Qt Company under this Agreement (except as set forth in Section 2.3 below).
2.3. Modified Software
Licensee may create bug-fixes, error corrections, patches or modifications to the Licensed Software (“Modified Software”). Such Modified Software may break the source or binary compatibility with the Licensed Software (including without limitation through changing the application programming interfaces (“API”) or by adding, changing or deleting any variable, method, or class signature in the Licensed Software and/or any inter-process protocols, services or standards in the Licensed Software libraries). To the extent that Licensee’s Modified Software so breaks source or binary compatibility with the Licensed Software, Licensee acknowledges that The Qt Company’s ability to provide Support may be prevented or limited and Licensee’s ability to make use of Updates may be restricted.
Licensee may, at its sole and absolute discretion, choose to submit Modified Software to The Qt Company (“Submitted Modified Software”) in connection with Licensee’s Support request, service request or otherwise. In the event Licensee does so, then, Licensee hereby grants The Qt Company a sublicensable, assignable, irrevocable, perpetual, worldwide, non-exclusive, royalty-free and fully paid-up license, under all of Licensee’s Intellectual Property Rights, to reproduce, adapt, translate, modify, and prepare derivative works of, publicly display, publicly perform, sublicense, make available and distribute such Submitted Modified Software as The Qt Company sees fit at its free and absolute discretion.
3. LICENSES GRANTED
3.1. Development with Licensed Software
Subject to the terms of this Agreement, The Qt Company grants to Licensee a worldwide, non-exclusive, non-transferable license, valid for each Development License Term, to use, modify and copy the Licensed Software by Designated Users on the Development Platforms for the sole purposes of designing, developing, demonstrating and testing Application(s) and/or Devices, and to provide thereto related support and other related services to Customers. Each Application and/or Device can only include, incorporate or integrate contributions by such Designated Users who are duly licensed for the applicable Development Platform(s) and Deployment Platform(s) (i.e have a valid license for the appropriate Licensed Software product).
Licensee may install copies of the Licensed Software on five (5) computers per Designated User, provided that only the Designated Users who have a valid Development License may use the Licensed Software.
Licensee may at any time designate another Designated User to replace a then-current Designated User by notifying The Qt Company in writing, where such replacement is due to termination of employment, change of job duties, long time absence or other such permanent reason affecting Designated User’s need for Licensed Software.
Upon expiry of the initially agreed Development License Term, the respective Development License Term shall be automatically extended to one or more Renewal Term(s), unless and until either Party notifies the other Party in writing, or any other method acceptable to The Qt Company (it being specifically acknowledged and understood that verbal notification is explicitly deemed inadequate in all circumstances), that it does not wish to continue the Development License Term, such notification to be provided to the other Party no less than thirty (30) days before expiry of the respective Development License Term. The Qt Company shall, in good time before the due date for the above notification, remind the Licensee on the coming Renewal Term. Unless otherwise agreed between the Parties, Renewal Term shall be 12 months.
Any such Renewal Term shall be subject to License Fees agreed between the Parties or, if no advance agreement exists, subject to The Qt Company’s standard list pricing applicable at the commencement date of any such Renewal Term.
The Qt Company may either request the Licensee to place a purchase order corresponding to a quote by The Qt Company, or use Licensee’s stored Credit Card information in the Qt Account to automatically charge the Licensee for the relevant Renewal Term.
3.2. Distribution of Applications
Subject to the terms of this Agreement, The Qt Company grants to Licensee a worldwide, non-exclusive, non-transferable, revocable (for cause pursuant to this Agreement), right and license, valid for the Agreement Term, to
distribute, by itself or through its Contractors, Redistributables as installed, incorporated or integrated into Applications for execution on the Deployment Platforms, and
grant perpetual and irrevocable sublicenses to Redistributables, as distributed hereunder, for Customers solely to the extent necessary in order for the Customers to use the Applications for their respective intended purposes.
Right to distribute the Redistributables as part of an Application as provided herein is not royalty-bearing but is conditional upon the Application having been created, updated and maintained under a valid and duly paid Development Licenses.
3.3. Distribution of Devices
Subject to the terms of this Agreement, The Qt Company grants to Licensee a worldwide, non-exclusive, non-transferable, revocable (for cause pursuant to this Agreement), right and license, valid for the Agreement Term, to
distribute, by itself or through one or more tiers of Contractors, Redistributables as installed, incorporated or integrated, or intended to be installed, incorporated or integrated into Devices for execution on the Deployment Platforms, and
grant perpetual and irrevocable sublicenses to Redistributables, as distributed hereunder, for Customers solely to the extent necessary in order for the Customers to use the Devices for their respective intended purposes.
Right to distribute the Devices as provided herein is conditional upon (i) the Devices having been created, updated and maintained under a valid and duly paid Development Licenses, and (ii) the Licensee having acquired corresponding Distribution Licenses at the time of distribution of any Devices to Customers.
3.4. Further Requirements
The licenses granted above in this Section 3 by The Qt Company to Licensee are conditional and subject to Licensee's compliance with the following terms:
Licensee acknowledges that The Qt Company has separate products of Licensed Software for the purpose of Applications and Devices respectively, where development and distribution of Devices is only allowed using the correct designated product. Licensee shall make sure and bear the burden of proof that Licensee is using a correct product of Licensed Software entitling Licensee to development and distribution of Devices;
Licensee shall not remove or alter any copyright, trademark or other proprietary rights notice(s) contained in any portion of the Licensed Software;
Applications must add primary and substantial functionality to the Licensed Software so as not to compete with the Licensed Software;
Applications may not pass on functionality which in any way makes it possible for others to create software with the Licensed Software; provided however that Licensee may use the Licensed Software's scripting and QML ("Qt Quick") functionality solely in order to enable scripting, themes and styles that augment the functionality and appearance of the Application(s) without adding primary and substantial functionality to the Application(s);
Licensee shall not use Licensed Software in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual property or right of any third party, or that violates any applicable law;
Licensee shall not use The Qt Company's or any of its suppliers' names, logos, or trademarks to market Applications, except that Licensee may use “Built with Qt” logo to indicate that Application(s) or Device(s) was developed using the Licensed Software;
Licensee shall not distribute, sublicense or disclose source code of Licensed Software to any third party (provided however that Licensee may appoint employee(s) of Contractors and Affiliates as Designated Users to use Licensed Software pursuant to this Agreement). Such right may be available for the Licensee subject to a separate software development kit (“SDK”) license agreement to be concluded with The Qt Company;
Licensee shall not grant the Customers a right to (a) make copies of the Redistributables except when and to the extent required to use the Applications and/or Devices for their intended purpose, (b) modify the Redistributables or create derivative works thereof, (c) decompile, disassemble or otherwise reverse engineer Redistributables, or (d) redistribute any copy or portion of the Redistributables to any third party, except as part of the onward sale of the Application or Device on which the Redistributables are installed;
Licensee shall not and shall cause that its Affiliates or Contractors shall not use Licensed Software in any Prohibited Combination, unless Licensee has received an advance written permission from The Qt Company to do so. Absent such written permission, any and all distribution by the Licensee during the Agreement Term of a hardware device or product a) which incorporate or integrate any part of Licensed Software or Open Source Qt; or b) where substantial functionality is provided by software built with Licensed Software or Open Source Qt or otherwise depends on the Licensed Software or Open Source Qt, shall be considered to be Device distribution under this Agreement and shall be dependent on Licensee’s compliance thereof (including but not limited to obligation to pay applicable License Fees for such distribution). Notwithstanding what is provided above in this sub-section (ix), Licensee is entitled to use and combine Licensed Software with any Permitted Software;
Licensee shall cause all of its Affiliates, Contractors and Customers entitled to make use of the licenses granted under this Agreement, to be contractually bound to comply with the relevant terms of this Agreement and not to use the Licensed Software beyond the terms hereof and for any purposes other than operating within the scope of their services for Licensee. Licensee shall be responsible for any and all actions and omissions of its Affiliates and Contractors relating to the Licensed Software and use thereof (including but not limited to payment of all applicable License Fees);
Except when and to the extent explicitly provided in this Section 3, Licensee shall not transfer, publish, disclose, display or otherwise make available the Licensed Software; and
Licensee shall not attempt or enlist a third party to conduct or attempt to conduct any of the above.
Above terms shall not be applicable if and to the extent they conflict with any mandatory provisions of any applicable laws.
Any use of Licensed Software beyond the provisions of this Agreement is strictly prohibited and requires an additional license from The Qt Company.
3.5 QA Tools License
Subject to the terms of this Agreement, The Qt Company grants to Licensee a worldwide, non-exclusive, non-transferable license, valid for the Development License Term, to use the QA Tools for Licensee's internal business purposes in the manner provided below and in Appendix 1 hereto.
Licensee may modify the QA Tools except for altering or removing any details of ownership, copyright, trademark or other property right connected with the QA Tools.
Licensee shall not distribute the QA Tools or any part thereof, modified or unmodified, separately or as part of any software package, Application or Device.
Upon expiry of the initially agreed Development License Term, the respective Development License Term shall be automatically extended to one or more Renewal Term(s), unless and until either Party notifies the other Party in writing, or any other method acceptable to The Qt Company (it being specifically acknowledged and understood that verbal notification is explicitly deemed inadequate in all circumstances), that it does not wish to continue the Development License Term, such notification to be provided to the other Party no less than thirty (30) days before expiry of the respective Development License Term. The Qt Company shall, in good time before the due date for the above notification, remind the Licensee on the coming Renewal Term. Unless otherwise agreed between the Parties, Renewal Term shall be 12 months.
Any such Renewal Term shall be subject to License Fees agreed between the Parties or, if no advance agreement exists, subject to The Qt Company’s standard list pricing applicable at the commencement date of any such Renewal Term.
3.6 Evaluation License
Subject to the terms of this Agreement, The Qt Company grants to Licensee a worldwide, non-exclusive, non-transferable license, valid for the Evaluation License Term to use the Licensed Software solely for the Licensee’s internal use to evaluate and determine whether the Licensed Software meets Licensee's business requirements, specifically excluding any commercial use of the Licensed Software or any derived work thereof.
Upon the expiry of the Evaluation License Term, Licensee must either discontinue use of the relevant Licensed Software or acquire a commercial Development License or QA Tools License specified herein.
4. THIRD-PARTY SOFTWARE
The Licensed Software may provide links or access to third party libraries or code (collectively "Third-Party Software") to implement various functions. Third-Party Software does not, however, comprise part of the Licensed Software, but is provided to Licensee complimentary and use thereof is discretionary for the Licensee. Third-Party Software will be listed in the ".../src/3rdparty" source tree delivered with the Licensed Software or documented in the Licensed Software, as such may be amended from time to time. Licensee acknowledges that use or distribution of Third-Party Software is in all respects subject to applicable license terms of applicable third-party right holders.
5. PRE-RELEASE CODE
The Licensed Software may contain pre-release code and functionality, or sample code marked or otherwise stated with appropriate designation such as “Technology Preview”, “Alpha”, “Beta”, “Sample”, “Example” etc. (“Pre-Release Code”).
Such Pre-Release Code may be present complimentary for the Licensee, in order to provide experimental support or information for new platforms or preliminary versions of one or more new functionalities or for other similar reasons. The Pre-Release Code may not be at the level of performance and compatibility of a final, generally available, product offering. The Pre-Release Code may not operate correctly, may contain errors and may be substantially modified by The Qt Company prior to the first commercial product release, if any. The Qt Company is under no obligation to make Pre-Release Code commercially available, or provide any Support or Updates relating thereto. The Qt Company assumes no liability whatsoever regarding any Pre-Release Code, but any use thereof is exclusively at Licensee’s own risk and expense.
For clarity, unless Licensed Software specifies different license terms for the respective Pre-Release Code, the Licensee is entitled to use such pre-release code pursuant to Section 3, just like other Licensed Software.
6. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The Qt Company hereby represents and warrants that (i) it has the power and authority to grant the rights and licenses granted to Licensee under this Agreement, and (ii) Licensed Software will operate materially in accordance with its specifications.
Except as set forth above, the Licensed Software is licensed to Licensee "as is" and Licensee’s exclusive remedy and The Qt Company’s entire liability for errors in the Licensed Software shall be limited, at The Qt Company’s option, to correction of the error, replacement of the Licensed Software or return of the applicable fees paid for the defective Licensed Software for the time period during which the License is not able to utilize the Licensed Software under the terms of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QT COMPANY ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE. THE QT COMPANY DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE’S REQUIREMENTS OR THAT IT WILL OPERATE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED.
7. LIMITATION OF LIABILITY
EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (II) BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND, HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND (II) BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AGGREGATE LICENSE FEES PAID OR PAYABLE TO THE QT COMPANY BY LICENSEE DURING THE DEVELOPMENT LICENSE TERM DURING WHICH THE EVENT RESULTING IN SUCH LIABILITY OCCURRED.
THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE QT COMPANY AND LICENSEE AND THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LICENSEE SHALL ALWAYS BE LIABLE TO PAY THE APPLICABLE LICENSE FEES CORRESPONDING TO ITS ACTUAL USE OF LICENSED SOFTWARE.
8. SUPPORT, UPDATES AND ONLINE SERVICES
Upon due payment of the agreed License Fees the Licensee will be eligible to receive Support and Updates and to use the Online Services during the agreed Development License Term or other agreed fixed time period. Support is provided according to agreed support level and subject to applicable requirements and restrictions, as specified in the Support Terms.
Unless otherwise decided by The Qt Company at its free and absolute discretion, Upgrades will not be included in the Support but may be available subject to additional fees.
From time to time The Qt Company may change the Support Terms, provided that during the respective ongoing Support period the level of Support may not be reduced without the consent of the Licensee.
Unless otherwise agreed, The Qt Company shall not be responsible for providing any service or support to Customers.
9. CONFIDENTIALITY
Each Party acknowledges that during the Agreement Term each Party may receive information about the other Party's business, business methods, business plans, customers, business relations, technology, and other information, including the terms of this Agreement, that is confidential and of great value to the other Party, and the value of which would be significantly reduced if disclosed to third parties (“Confidential Information”). Accordingly, when a Party (the “Receiving Party”) receives Confidential Information from the other Party (the “Disclosing Party”), the Receiving Party shall only disclose such information to employees and Contractors on a need to know basis, and shall cause its employees and employees of its Affiliates to: (i) maintain any and all Confidential Information in confidence; (ii) not disclose the Confidential Information to a third party without the Disclosing Party's prior written approval; and (iii) not, directly or indirectly, use the Confidential Information for any purpose other than for exercising its rights and fulfilling its responsibilities pursuant to this Agreement. Each Party shall take reasonable measures to protect the Confidential Information of the other Party, which measures shall not be less than the measures taken by such Party to protect its own confidential and proprietary information.
Obligation of confidentiality shall not apply to information that (i) is or becomes generally known to the public through no act or omission of the Receiving Party; (ii) was in the Receiving Party's lawful possession prior to the disclosure hereunder and was not subject to limitations on disclosure or use; (iii) is developed independently by employees or Contractors of the Receiving Party or other persons working for the Receiving Party who have not had access to the Confidential Information of the Disclosing Party, as proven by the written records of the Receiving Party; (iv) is lawfully disclosed to the Receiving Party without restrictions, by a third party not under an obligation of confidentiality; or (v) the Receiving Party is legally compelled to disclose, in which case the Receiving Party shall notify the Disclosing Party of such compelled disclosure and assert the privileged and confidential nature of the information and cooperate fully with the Disclosing Party to limit the scope of disclosure and the dissemination of disclosed Confidential Information to the minimum extent necessary.
The obligations under this Section 9 shall continue to remain in force for a period of five (5) years after the last disclosure, and, with respect to trade secrets, for so long as such trade secrets are protected under applicable trade secret laws.
10. FEES, DELIVERY AND PAYMENT
10.1. License Fees
License Fees are described in The Qt Company’s standard price list, quote or Purchase Order confirmation or in an Appendix 2 hereto, as the case may be.
Unless otherwise expressly provided in this Agreement, the License Fees shall not be refunded or claimed as a credit in any event or for any reason whatsoever.
10.2. Ordering Licenses
Licensee may purchase Development Licenses, Distribution Licenses and QA Tools Licenses pursuant to agreed pricing terms or, if no specific pricing terms have been agreed upon, at The Qt Company's standard pricing terms applicable at the time of purchase.
Unless expressly otherwise agreed, any price or other term quoted to the Licensee or specified herein shall only be valid for the thirty (30) days from the effective date of this Agreement, Appendix 2 or the date of the quote, as applicable.
Licensee shall submit all purchase orders for Development Licenses and Distribution Licenses to The Qt Company by email or any other method acceptable to The Qt Company (each such order is referred to herein as a “Purchase Order”) for confirmation, whereupon the Purchase Order shall become binding between the Parties.
Licensee acknowledges and agrees that all Purchase Orders for Licensed Software the Licensee makes during the Agreement Term shall be governed exclusively under the terms of this Agreement.
10.3. Distribution License Packs
Unless otherwise agreed, Distribution Licenses shall be purchased by way of Distribution License Packs.
Upon due payment of the ordered Distribution License Pack(s), the Licensee will have an account of Distribution Licenses available for distributing the Redistributables in accordance with this Agreement.
Each time Licensee distributes a copy of Redistributables, then one Distribution License is used, and Licensee’s account of available Distribution Licenses is decreased accordingly.
Licensee may distribute copies of the Redistributables so long as Licensee has Distribution Licenses remaining on its account.
10.4. Payment Terms
License Fees and any other charges under this Agreement shall be paid by Licensee no later than thirty (30) days from the date of the applicable invoice from The Qt Company.
The Qt Company will submit an invoice to Licensee after the date of this Agreement and/or after The Qt Company receives a Purchase Order from Licensee.
A late payment charge of the lower of (a) one percent per month; or (b) the interest rate stipulated by applicable law, shall be charged on any unpaid balances that remain past due and which have not been disputed by the Licensee in good faith.
10.5. Taxes
All License Fees and other charges payable hereunder are gross amounts but exclusive of any value added tax, use tax, sales tax, withholding tax and other taxes, duties or tariffs (“Taxes”) levied directly for the sale, delivery or use of Licensed Software hereunder pursuant to any applicable law. Such applicable Taxes shall be paid by Licensee to The Qt Company, or, where applicable, in lieu of payment of such Taxes to The Qt Company, Licensee shall provide an exemption certificate to The Qt Company and any applicable authority.
11. RECORD-KEEPING AND REPORTING OBLIGATIONS; AUDIT RIGHTS
11.1. Licensee’s Record-keeping
Licensee shall at all times during the Agreement Term and for a period of two (2) years thereafter maintain Licensee’s Records in an accurate and up-to-date form. Licensee’s Records shall be adequate to reasonably enable The Qt Company to determine Licensee’s compliance with the provisions of this Agreement. The records shall conform to general good accounting practices.
Licensee shall, within thirty (30) days from receiving The Qt Company’s request to that effect, deliver to The Qt Company a report based on Licensee’s Records, such report to contain information, in sufficient detail, on (i) number and identity of users working with Licensed Software or Open Source Qt, (ii) copies of Redistributables distributed by Licensee during the most recent calendar quarter and/or any other term specified by The Qt Company, , and (iii) any other information pertaining to Licensee’s compliance with the terms of this Agreement (like e.g. information on products and/or projects relating to use of Distribution Licenses), as The Qt Company may reasonably require from time to time.
11.2. The Qt Company’s Audit Rights
The Qt Company or an independent auditor acting on behalf of The Qt Company’s, may, upon at least thirty (30) days’ prior written notice and at its expense, audit Licensee with respect to the Licensee’s use of the Licensed Software, but not more frequently than once during each 6-month period. Such audit may be conducted by mail, electronic means or through an in-person visit to Licensee’s place of business. Any possible in-person audit shall be conducted during regular business hours at Licensee's facilities and shall not unreasonably interfere with Licensee's business activities and shall be limited in scope to verify Licensee’s compliance with the terms of this Agreement. The Qt Company or the independent auditor acting on behalf of The Qt Company shall be entitled to inspect Licensee’s Records and conduct necessary interviews of Licensee’s relevant employees and Contractors. All such Licensee’s Records and use thereof shall be subject to an obligation of confidentiality under this Agreement.
If an audit reveals that Licensee is using the Licensed Software beyond scope of the licenses Licensee has paid for, Licensee shall pay to The Qt Company any amounts owed for such unauthorized use within 30 days from receipt of the corresponding invoice from The Qt Company.
In addition, in the event the audit reveals a material violation of the terms of this Agreement (without limitation, either (i) underpayment of more than 10 % of License Fees or 10,000 euros (whichever is more) or (ii) distribution of products, which include or result from Prohibited Combination, shall be deemed a material violation for purposes of this section), then the Licensee shall pay The Qt Company's reasonable cost of conducting such audit.
12. TERM AND TERMINATION
12.1. Agreement Term
This Agreement shall enter into force upon due acceptance by both Parties and remain in force until terminated pursuant to the terms of this Section 12 (“Agreement Term”).
12.2. Termination for breach and suspension of rights
Either Party shall have the right to terminate this Agreement upon thirty (30) days prior written notice if the other Party commits a material breach of any obligation of this Agreement and fails to remedy such breach within such notice period.
Instead of termination, The Qt Company shall have the right to suspend or withhold grants of all rights to the Licensed Software hereunder, including but not limited to the Development Licenses, Distribution License, and Support, should Licensee fail to make payment in timely fashion or otherwise violates or is reasonably suspected to violate its obligations or terms of this Agreement, and where such violation or breach is not cured within ten (10) business days following The Qt Company’s written notice thereof.
12.3. Termination for insolvency
Either Party shall have the right to terminate this Agreement immediately upon written notice in the event that the other Party becomes insolvent, files for any form of bankruptcy, makes any assignment for the benefit of creditors, has a receiver, administrative receiver or officer appointed over the whole or a substantial part of its assets, ceases to conduct business, or an act equivalent to any of the above occurs under the laws of the jurisdiction of the other Party.
12.4. Parties´ Rights and Duties upon Termination
Upon expiry or termination of the Agreement, Licensee shall cease and shall cause all Designated Users (including those of its Affiliates’ and Contractors’) to cease using the Licensed Software under this Agreement. For clarity, a Development License of a Designated User or a QA Tools License, and all rights relating thereto, shall always terminate at the expiry of the respective Development License Term, even if the Agreement continues to remain in force.
Upon such termination the Licensee shall destroy or return to The Qt Company all copies of the Licensed Software and all related materials and will certify the same by Licensee’s duly authorized officer to The Qt Company upon its request, provided however that Licensee may retain and exploit such copies of the Licensed Software as it may reasonably require in providing continued support to Customers.
Except when this Agreement is terminated by The Qt Company due to Licensee’s material breach as set forth in Section 12.2, the Licensee may continue distribution of Applications and Devices under the terms of this Agreement despite the termination of this Agreement. In such event the terms hereof will continue to be applicable and govern any such distribution of Applications and Devices beyond the expiry or termination of this Agreement. In case of termination by The Qt Company due to Licensee’s material breach, Licensee must cease any distribution of Applications and Devices at the date of termination of this Agreement.
Expiry or termination of this Agreement for any reason whatsoever shall not relieve Licensee of its obligation to pay any License Fees accrued or payable to The Qt Company prior to the effective date of termination, and Licensee pay to The Qt Company all such fees within 30 days from the effective date of termination of this Agreement.
Termination of this Agreement shall not affect any rights of Customers to continue use of Applications and Devices (and therein incorporated Redistributables).
12.5. Extension of Rights under Special Circumstances
In the event of The Qt Company choosing not to renew the Development License(s) or QA Tools Licenses, as set forth in Section 3.1 and 3.5 respectively, and where such decision of non-renewal is not due to any ongoing breach or alleged breach (as reasonably determined by The Qt Company) by Licensee of the terms of this Agreement or any applicable license terms of Open Source Qt, then all valid and affected Development Licenses and QA Tools licenses possessed by the Licensee at such date shall be extended to be valid in perpetuity under the terms of this Agreement and Licensee is entitled to purchase additional licenses as set forth in Section 10.2.
In the event The Qt Company is declared bankrupt under a final, non-cancellable decision by relevant court of law, and this Agreement is not, at the date of expiry of the Development License(s) or QA Tools Licenses, assigned to party, who has assumed The Qt Company’s position as a legitimate licensor of Licensed Software under this Agreement, then all valid Development Licenses and QA Tools Licenses possessed by the Licensee at such date of expiry, and which the Licensee has not notified for expiry, shall be extended to be valid in perpetuity under the terms of this Agreement.
For clarity, in case of an extension under this Section 12.5, any such extension shall not apply to The Qt Company’s Support obligations, but Support shall be provided only up until the end of the respective fixed Development License Term regardless of the extension of relevant Development License or QA Tools License, unless otherwise agreed between the Parties.
13. GOVERNING LAW AND LEGAL VENUE
In the event this Agreement is in the name of The Qt Company Inc., a Delaware Corporation, then:
this Agreement shall be construed and interpreted in accordance with the laws of the State of California, USA, excluding its choice of law provisions;
the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement; and
any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Francisco, USA, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This Section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In the event this Agreement is in the name of The Qt Company Ltd., a Finnish Company, then:
this Agreement shall be construed and interpreted in accordance with the laws of Finland, excluding its choice of law provisions;
the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement; and
any disputes, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. The arbitration tribunal shall consist of one (1), or if either Party so requires, of three (3), arbitrators. The award shall be final and binding and enforceable in any court of competent jurisdiction. The arbitration shall be held in Helsinki, Finland and the process shall be conducted in the English language. This Section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
14. GENERAL PROVISIONS
14.1. No Assignment
Except in the case of a merger or sale of substantially all of its corporate assets, Licensee shall not be entitled to assign or transfer all or any of its rights, benefits and obligations under this Agreement without the prior written consent of The Qt Company, which shall not be unreasonably withheld or delayed. The Qt Company shall be entitled to freely assign or transfer any of its rights, benefits or obligations under this Agreement.
14.2. No Third-Party Representations
Licensee shall make no representations or warranties concerning the Licensed Software on behalf of The Qt Company. Any representation or warranty Licensee makes or purports to make on The Qt Company’s behalf shall be void as to The Qt Company.
14.3. Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably should survive termination of this Agreement shall so be deemed to survive. Such sections include especially the following: 1, 2, 6, 7, 9, 11, 12.4, 13 and 14.
14.4. Entire Agreement
This Agreement, the Appendices hereto, the License Certificate and any applicable quote and Purchase Order accepted by The Qt Company constitute the complete agreement between the Parties and supersedes all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matters discussed herein.
In the event of any conflict or inconsistency between this Agreement and any Purchase Order, the terms of this Agreement will prevail over the terms of the Purchase Order with respect to such conflict or inconsistency.
Parties specifically acknowledge and agree that this Agreement prevails over any click-to-accept or similar agreements the Designated Users may need to accept online upon download of the Licensed Software, as may be required by The Qt Company’s applicable processes relating to Licensed Software.
14.5. Modifications
No modification of this Agreement shall be effective unless contained in a writing executed by an authorized representative of each Party. No term or condition contained in Licensee's Purchase Order (“Deviating Terms”) shall apply unless The Qt Company has expressly agreed such Deviating Terms in writing. Unless and to the extent expressly agreed by The Qt Company, any such Deviating Terms shall be deemed void and with no legal effect. For clarity, delivery of the Licensed Software following the receipt of the Purchase Order including Deviating Terms shall not constitute acceptance of such Deviating Terms.
14.6. Force Majeure
Except for the payment obligations hereunder, neither Party shall be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of act of God, terrorist attack or other similar unforeseeable catastrophic event that prevents either Party for fulfilling its obligations under this Agreement and which such Party cannot avoid or circumvent (“Force Majeure Event”). If the Force Majeure Event results in a delay or non-performance of a Party for a period of three (3) months or longer, then either Party shall have the right to terminate this Agreement with immediate effect without any liability (except for the obligations of payment arising prior to the event of Force Majeure) towards the other Party.
14.7. Notices
Any notice given by one Party to the other shall be deemed properly given and deemed received if specifically acknowledged by the receiving Party in writing or when successfully delivered to the recipient by hand, fax, or special courier during normal business hours on a business day to the addresses specified for each Party on the signature page. Each communication and document made or delivered by one Party to the other Party pursuant to this Agreement shall be in the English language.
14.8. Export Control
Licensee acknowledges that the Redistributables, as incorporated in Applications or Devices, may be subject to export control restrictions under the applicable laws of respective countries. Licensee shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the Redistributables and exercise of licenses hereunder and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the Redistributables, Applications and/or Devices.
14.9. No Implied License
There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with The Qt Company and its licensors. In addition, no licenses or immunities are granted to the combination of the Licensed Software with any other software or hardware not delivered by The Qt Company under this Agreement.
14.10. Attorney Fees
The prevailing Party in any action to enforce this Agreement shall be entitled to recover its attorney’s fees and costs in connection with such action, as to be ordered by the relevant dispute resolution body.
14.11. Privacy
Licensee acknowledges and agrees that for the purpose of this Agreement, The Qt Company may collect, use, transfer and disclose personal data pertaining to Designated Users as well as any other employees and directors of the Licensee and its Contractors relevant for carrying out the intent of this Agreement. Such personal data will be primarily collected from the relevant individuals but may be collected also from Licensee (e.g. in the course of Licensee’s reporting obligations). The Parties acknowledge that as The Qt Company determines the purpose and means for such collection and processing of the applicable personal data, The Qt Company shall be regarded as the Data Controller under the applicable Data Protection Legislation. The Qt Company shall process any such personal data in accordance with its privacy and security policies and practices, which will comply with all applicable requirements of the Data Protection Legislation.
14.12. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
14.13. Marketing Rights
Parties have agreed upon Marketing Rights pursuant to Appendix 7, if any.
As an additional permission to the GNU Lesser General Public License version
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Moreover, you may apply this exception to a modified version of the Library,
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Furthermore, you are not required to apply this additional permission to a
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As a special exception, permission is given to link this program
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As an additional permission to the GNU Lesser General Public License version
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(i) the header files of the Library have not been modified; and
(ii) the incorporated material is limited to numerical parameters, data
structure layouts, accessors, macros, inline functions and
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(iii) you comply with the terms of Section 6 of the GNU Lesser General
Public License version 2.1.
Moreover, you may apply this exception to a modified version of the Library,
provided that such modification does not involve copying material from the
Library into the modified Library's header files unless such material is
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Furthermore, you are not required to apply this additional permission to a
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PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS
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3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this Agreement,
nor any act by QTI or any of its affiliates pursuant to this Agreement or
relating to the Materials (including, without limitation, the provision by QTI
or its affiliates of the Materials), shall provide to You any license or any
other rights whatsoever under any patents, trademarks, trade secrets, copyrights
or any other intellectual property of QTI or any of its affiliates, except for
the copyright rights expressly licensed under this Agreement. You understand and
agree that:
(i) Neither this Agreement, nor delivery of the Materials, grants any right to
practice, or any other right at all with respect to, any patent of QTI or any
of its affiliates; and
(ii) A separate license agreement from QUALCOMM Incorporated is needed to use
or practice any patent of QUALCOMM Incorporated. You agree not to contend in
any context that, as a result of the provision or use of the Materials, either
QTI or any of its affiliates has any obligation to extend, or You or any other
party has obtained any right to, any license, whether express or implied, with
respect to any patent of QTI or any of its affiliates for any purpose.
4. TERMINATION. This Agreement shall be effective upon acceptance, or access or
use of the Materials (whichever occurs first) by You and shall continue until
terminated. You may terminate the Agreement at any time by deleting and
destroying all copies of the Materials and all related information in Your
possession or control. This Agreement terminates immediately and automatically,
with or without notice, if You fail to comply with any provision hereof.
Additionally, QTI may at any time terminate this Agreement, without cause, upon
notice to You. Upon termination You must, to the extent possible, delete or
destroy all copies of the Materials in Your possession and the license granted
to You in this Agreement shall terminate. Sections 1.2 through 10 shall survive
the termination of this Agreement. In the event that any restrictions,
conditions, limitations are found to be either invalid or unenforceable, the
rights granted to You in Section 1 (License) shall be null, void and ineffective
from the Effective Date, and QTI shall also have the right to terminate this
Agreement immediately, and with retroactive effect to the effective date.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL QTI, QTI's AFFILIATES OR ITS
LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL
DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE
TO DELIVER, ANY OF THE DELIVERABLES, OR ANY BREACH OF ANY OBLIGATION UNDER THIS
AGREEMENT, EVEN IF QTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT
REGARDLESS OF WHETHER YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF
THEIR ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF QTI, QTI's AFFILIATES AND ITS
LICENSORS, AND THE SOLE AND EXCLUSIVE REMEDY OF YOU, FOR ANY CLAIM OR CAUSE OF
ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT
EXCEED US$50.
6. INDEMNIFICATION. You agree to indemnify and hold harmless QTI and its
officers, directors, employees and successors and assigns against any and all
third party claims, demands, causes of action, losses, liabilities, damages,
costs and expenses, incurred by QTI (including but not limited to costs of
defense, investigation and reasonable attorney's fees) arising out of, resulting
from or related to: (i) any breach of this Agreement by You; and (ii) your acts,
omissions, products and services. If requested by QTI, You agree to defend QTI
in connection with any third party claims, demands, or causes of action
resulting from, arising out of or in connection with any of the foregoing.
7. ASSIGNMENT. You shall not assign this Agreement or any right or interest
under this Agreement, nor delegate any obligation to be performed under this
Agreement, without QTI's prior written consent. For purposes of this Section 7,
an "assignment" by You under this Section shall be deemed to include, without
limitation, any merger, consolidation, sale of all or substantially all of its
assets, or any substantial change in the management or control of You.
Any attempted assignment in contravention of this Section 9 shall be void.
QTI may freely assign this Agreement or delegate any or all of its rights and
obligations hereunder to any third party.
8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all
applicable local, international and national laws and regulations and with U.S.
Export Administration Regulations, as they apply to the subject matter of this
Agreement. This Agreement is governed by the laws of the State of California,
excluding California's choice of law rules.
9. CONTRACTING PARTIES. If the Materials are downloaded on any computer owned
by a corporation or other legal entity, then this Agreement is formed by and
between QTI and such entity. The individual accepting the terms of this
Agreement represents and warrants to QTI that they have the authority to bind
such entity to the terms and conditions of this Agreement.
10. MISCELLANEOUS PROVISIONS. This Agreement, together with all exhibits
attached hereto, which are incorporated herein by this reference, constitutes
the entire agreement between QTI and You and supersedes all prior negotiations,
representations and agreements between the parties with respect to the subject
matter hereof. No addition or modification of this Agreement shall be effective
unless made in writing and signed by the respective representatives of QTI and
You. The restrictions, limitations, exclusions and conditions set forth in this
Agreement shall apply even if QTI or any of its affiliates becomes aware of or
fails to act in a manner to address any violation or failure to comply
therewith. You hereby acknowledge and agree that the restrictions, limitations,
conditions and exclusions imposed in this Agreement on the rights granted in
this Agreement are not a derogation of the benefits of such rights. You further
acknowledges that, in the absence of such restrictions, limitations, conditions
and exclusions, QTI would not have entered into this Agreement with You. Each
party shall be responsible for and shall bear its own expenses in connection
with this Agreement. If any of the provisions of this Agreement are determined
to be invalid, illegal, or otherwise unenforceable, the remaining provisions
shall remain in full force and effect. This Agreement is entered into solely
in the English language, and if for any reason any other language version is
prepared by any party, it shall be solely for convenience and the English
version shall govern and control all aspects. If You are located in the
province of Quebec, Canada, the following applies: The Parties hereby confirm
they have requested this Agreement and all related documents be prepared
in English.
Quadratic Source Available License
==================================
THIS SUMMARY PROVIDES AN OVERVIEW OF THE KEY TERMS OF THIS LICENSE, BUT YOU
ACKNOWLEDGE AND AGREE THE ACTUAL AGREEMENT IS SET FORTH IN THE TERMS IN SECTIONS
BELOW.
Summary
-------
You are free to do the following:
- Read and reference the source code.
- Install and use the Software and Derivatives for Your Personal Use.
- Make Derivatives of the Software under your authorized Personal Use.
- Submit Derivatives as contributions to Licensor.
You may not:
- Distribute the Software or any Derivatives.
- Deploy and use the Software inside of your business without a commercial license.
- Resell or provide the software to any third parties.
- Share the software or derivatives with any third parties.
No warranties are given and Licensor shall have no liability to you related to
your use of the Software.
1. Acceptance
-------------
This Software License Agreement (this “License”) is entered into on the
Effective Date (defined below) by and between Quadratic Growth, Inc.
(“Licensor”), and You (defined below).
By downloading or otherwise accessing or using the Software, You acknowledge and
agree to be bound by the terms of this License. The parties agree as follows.
2. DEFINITIONS
--------------
“Derivatives” means material created by You that is derived from or based upon
the Software and in which the Software is added to or modified in a manner that
would otherwise require permission by the Licensor.
“Effective Date” means the date that You download or otherwise obtain a copy of
the Software from the Licensor.
“Software” means the source and object code of Licensor’s Quadratic Software and
any other related materials that are made available to You by Licensor under
this License.
“Personal Use” means your individual use of the Software to learn about the
functioning of the Software from the code, use the Software to familiarize
yourself with its features and functionalities, review the quality of the code,
perform a security review, create improvements for submission as a pull request
related to one or more of the uses above, or other similar uses.
“You” means the individual or entity entering into this License. “Your” has a
corresponding meaning.
3. SCOPE
---------
3.1 License grant. Subject to the terms and conditions of this License, the
Licensor hereby grants You a limited, worldwide, royalty-free,
non-sublicensable, non-transferrable, and non-exclusive license during the Term
to (a) create Derivatives of the Software, in whole or in part, for Your
Personal Use; (b) use one installed instance of the Software and any Derivatives
solely for Your Personal Use; and (c) reproduce one copy of the Software and any
Derivatives solely for Your backup purposes.
3.2 Restrictions. For the avoidance of doubt, the license granted herein does
not include any right or permission to: (a) distribute the Software or
Derivatives; (b) share the Software or Derivatives with any third party; (c)
offer the Software or Derivatives to the public or as part of a service bureau;
(d) allow any third party to access or use the Software or Derivatives; (e)
operate the Software or Derivatives in any collaborative, team, or multi-user
environment; (f) host the Software or Derivatives on behalf of any third-party;
and (g) disclose or publish all or any portion of the Software or Derivatives.
3.3 No endorsement. Nothing in this License constitutes or may be construed as
permission to assert or imply that You are, or that Your use of the Software is,
connected with, or sponsored, endorsed, or granted official status by, the
Licensor.
3.4 No right to updates. The license granted herein does not include any right
to receive any improvements, updates, fixes, or new versions and Licensors
reserves the right to offer such to You in its sole discretion.
3.5 Submitting Contributions to Licensor. You may contribute Your Derivatives
to Licensor’s GitHub repository, and you agree that if you make such
contributions, they will be governed by the terms of Licensor’s then-current
contributor license agreement.
4. INTELLECTUAL PROPERTY
-------------------------
4.1 Limited License. The Software is licensed, not sold. Licensor and its
suppliers exclusively own and retain all rights, title, and interest in and to
the Software, including all intellectual property rights therein.
Notwithstanding anything to the contrary in this License, no license or right is
granted in this License except as specifically and expressly stated herein.
4.2 Open Source Software. Certain items of independent, third-party code may be
included in the Software that are subject to open source licenses (“Open Source
Software”). Nothing in this License limits You’s rights under, or grants You
rights that supersede, the terms and conditions of any applicable end user
license for such Open Source Software.
4.3 Feedback. If You provide any feedback, comments, or ideas to Licensor
regarding the Software or improvements thereto (“Feedback”), You hereby grant
Licensor a royalty-free, worldwide, transferable, sub-licensable, irrevocable,
perpetual license to use or incorporate the Feedback into the Software.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
--------------------------------------------------------
5.1 DISCLAIMER. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, THE LICENSOR
PROVIDES THE SOFTWARE AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE SOFTWARE WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER
OR NOT KNOWN OR DISCOVERABLE.
5.2 LIMITATION OF LIABILITY. TO THE GREATEST EXTENT ALLOWED BY LAW, IN NO EVENT
WILL THE LICENSOR BE LIABLE TO YOU UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS,
EXPENSES, OR DAMAGES ARISING OUT OF THIS LICENSE OR USE OF THE SOFTWARE, EVEN IF
THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS,
EXPENSES, OR DAMAGES.
5.3 Effect. The disclaimer of warranties and limitation of liability provided
above shall be interpreted in a manner that, to the extent possible, most
closely approximates an absolute disclaimer and waiver of all liability.
6. TERM AND TERMINATION
------------------------
6.1 Term. This License shall commence on the Effective Date and continue for
two years or until otherwise terminated as provided in this section (the
“Term”).
6.2 Termination for Cause. If You fail to comply with this License, then Your
rights under this License terminate automatically.
6.3 Reinstatement. Where Your right to use the Software has terminated under
Section 6.2, the license reinstates: (a) automatically as of the date the
violation is cured, provided it is cured within thirty (30) days of Your
discovery of the violation: or (b) upon express reinstatement by the Licensor.
6.4 Termination by Licensor. Licensor may terminate this License at any time
for any reason by providing you written notice.
6.5 Termination by You. You may terminate this License by ceasing to use the
Software and Derivatives and removing and permanently deleting any copies of the
Software and Derivatives entirely from Your system.
6.6 Clarifications. For the avoidance of doubt, (a) the Licensor may also offer
the Software under separate terms or conditions or stop distributing the
Software at any time; however, doing so will not terminate this License, and (b)
this Section 6 does not affect any right the Licensor may have to seek remedies
for Your violations of this License.
6.7 Sections 2, 3.5, 4, 5, 6.7, and 7 survive termination of this License.
7. MISCELLANEOUS
-----------------
7.1 Assignment. You may not assign or transfer, by operation of law or
otherwise, this License or any of its rights under this License to any third
party without Licensor’s prior written consent, such consent shall not be
unreasonably withheld or delayed. The terms of this License will be binding
upon the parties and their respective successors and permitted assigns.
7.2 Notices. To be effective, notices, consents, and approvals under this
License must be delivered in writing by electronic mail, courier, or certified
or registered mail, (postage prepaid and return receipt requested) to the other
party at the address for each party and will be effective upon receipt, except
that electronic mail may be used to distribute routine communications and to
obtain approvals and consents but may not be used for any other notices. Each
party may change its email address and/or address for receipt of notice by
giving notice of such change to the other party.
7.3 Governing Law. This License will be governed by and interpreted in
accordance with the laws of the State of Colorado without reference to its
choice of law rules. If for any reason a dispute is of a nature that cannot be
resolved through the arbitration provision provided herein, the parties hereby
submit to the exclusive jurisdiction of, and waive any venue objections against,
state or federal courts sitting in Denver, Colorado in any litigation arising
out of this License or the Services. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this License.
7.4 Remedies. Except as otherwise expressly provided in this License, the
parties’ rights and remedies under this License are cumulative. Each party
acknowledges and agrees that any actual or threatened breach of Sections 3.1, or
3.2 will constitute immediate, irreparable harm to the non-breaching party for
which monetary damages would be an inadequate remedy, that injunctive relief is
an appropriate remedy for such breach, and that if granted, the breaching party
agrees to waive any bond that would otherwise be required. If any legal action
is brought by a party to enforce this License, the prevailing party will be
entitled to receive its attorneys’ fees, court costs, and other legal expenses,
in addition to any other relief it may receive from the non-prevailing party.
7.5 Compliance with Laws. Each party shall comply with those laws, rules, and
regulations in jurisdictions within the United States that are specifically
applicable to the applicable party.
7.6 Waivers. To be effective, any waivers must be in writing and signed by the
party to be charged. Any waiver or failure to enforce any provision of this
License on one occasion will not be deemed a waiver of any other provision or of
such provision on any other occasion.
7.7 Severability. If any provision of this License is, for any reason, held to
be unenforceable, the other provisions of this License will be unimpaired, and
the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law (unless such
modification is not permitted by law, in which case such provision will be
disregarded).
7.8 Entire License. This License constitutes the final and entire agreement
between the parties regarding the subject hereof and supersedes all other
agreements, whether written or oral, between the parties concerning such subject
matter. No amendment to this License will be effective unless in writing and
signed by the party to be charged.
This software module was originally developed by Qualcomm, Inc. in
the course of development of the ISO/IEC MPEG-B DASH standard for
reference purposes and its performance may not have been optimized.
This software module is an implementation of one or more tools as
specified by the ISO/IEC MPEG-B DASH standard.
ISO/IEC gives users free license to this software module or
modifications thereof for use in products claiming conformance to
audiovisual and image-coding related ITU Recommendations and/or ISO/IEC
International Standards.
ISO/IEC gives users the same free license to this software module or
modifications thereof for research purposes and further ISO/IEC
standardisation.
Those intending to use this software module in products are advised that
its use may infringe existing patents. ISO/IEC have no liability for use
of this software module or modifications thereof. Copyright is not
released for products that do not conform to audiovisual and
image-coding related ITU Recommendations and/or ISO/IEC International
Standards.
Qualcomm, Inc. retains full right to modify and use the code for its own
purpose, assign or donate the code to a third party and to inhibit third
parties from using the code for products that do not conform to
audiovisual and image-coding related ITU Recommendations and/or ISO/IEC
International Standards.
This copyright notice must be included in all copies or derivative
works. Copyright (c) ISO/IEC 2010.
This software is free for commercial and non-commercial use subject to
the following conditions:
1. Copyright remains vested in QUALCOMM Incorporated, and Copyright
notices in the code are not to be removed. If this package is used in
a product, QUALCOMM should be given attribution as the author of the
Turing encryption algorithm. This can be in the form of a textual
message at program startup or in documentation (online or textual)
provided with the package.
2. Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
a. Redistributions of source code must retain the copyright notice,
this list of conditions and the following disclaimer.
b. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the
distribution.
c. All advertising materials mentioning features or use of this
software must display the following acknowledgement: This product
includes software developed by QUALCOMM Incorporated.
3. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST
INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4. The license and distribution terms for any publically available version
or derivative of this code cannot be changed, that is, this code cannot
simply be copied and put under another distribution license including
the GNU Public License.
5. The Turing family of encryption algorithms are covered by patents in
the United States of America and other countries. A free and
irrevocable license is hereby granted for the use of such patents to
the extent required to utilize the Turing family of encryption
algorithms for any purpose, subject to the condition that any
commercial product utilising any of the Turing family of encryption
algorithms should show the words "Encryption by QUALCOMM" either on the
product or in the associated documentation.
The QuickFIX Software License, Version 1.0
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by
quickfixengine.org (http://www.quickfixengine.org/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The names "QuickFIX" and "quickfixengine.org" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact ask@quickfixengine.org
5. Products derived from this software may not be called "QuickFIX",
nor may "QuickFIX" appear in their name, without prior written
permission of quickfixengine.org
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL QUICKFIXENGINE.ORG OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Apple Computer, Inc.
Software License Agreement
For QuickTime
PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") WHICH IS EITHER ENCLOSED IN THE SOFTWARE PACKAGE AND/OR PRESENTED ELECTRONICALLY WHEN ACCESSING THE SOFTWARE. BY CLICKING THE "AGREE/ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE" AND (IF APPLICABLE) RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. General.
The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Computer, Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Apple Software product, unless such upgrade contains a separate license.
2. Permitted License Uses and Restrictions.
This License allows you to install and use one copy of the Apple Software on a single computer at a time. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer.
You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. NFR Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.
5. Limited Warranty on Media.
Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple's option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. QuickTime Player automatically produces search results that reference sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Apple search completed through the QuickTime Player may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By using the QuickTime Player, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the QuickTime Player, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the QuickTime Player or for any inaccuracies, errors in or omissions from the content.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances.
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If any portion of this section is held invalid or unenforceable under any
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It is not the purpose of this section to induce you to infringe any
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to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
12. If the distribution and/or use of the Library is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Library under this License may add
an explicit geographical distribution limitation excluding those countries,
so that distribution is permitted only in or among countries not thus
excluded. In such case, this License incorporates the limitation as if
written in the body of this License.
13. The Free Software Foundation may publish revised and/or new
versions of the Lesser General Public License from time to time.
Such new versions will be similar in spirit to the present version,
but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library
specifies a version number of this License which applies to it and
"any later version", you have the option of following the terms and
conditions either of that version or of any later version published by
the Free Software Foundation. If the Library does not specify a
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14. If you wish to incorporate parts of the Library into other free
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NO WARRANTY
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
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WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
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END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Libraries
If you develop a new library, and you want it to be of the greatest
possible use to the public, we recommend making it free software that
everyone can redistribute and change. You can do so by permitting
redistribution under these terms (or, alternatively, under the terms of the
ordinary General Public License).
To apply these terms, attach the following notices to the library. It is
safest to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least the
"copyright" line and a pointer to where the full notice is found.
<one line to give the library's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This library is free software; you can redistribute it and/or
modify it under the terms of the GNU Lesser General Public
License as published by the Free Software Foundation; either
version 2.1 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public
License along with this library; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the library, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
library `Frob' (a library for tweaking knobs) written by James Random Hacker.
<signature of Ty Coon>, 1 April 1990
Ty Coon, President of Vice
That's all there is to it!
Qwt License
Version 1.0, January 1, 2003
The Qwt library and included programs are provided under the terms
of the GNU LESSER GENERAL PUBLIC LICENSE (LGPL) with the following
exceptions:
1. Widgets that are subclassed from Qwt widgets do not
constitute a derivative work.
2. Static linking of applications and widgets to the
Qwt library does not constitute a derivative work
and does not require the author to provide source
code for the application or widget, use the shared
Qwt libraries, or link their applications or
widgets against a user-supplied version of Qwt.
If you link the application or widget to a modified
version of Qwt, then the changes to Qwt must be
provided under the terms of the LGPL in sections
1, 2, and 4.
3. You do not have to provide a copy of the Qwt license
with programs that are linked to the Qwt library, nor
do you have to identify the Qwt license in your
program or documentation as required by section 6
of the LGPL.
However, programs must still identify their use of Qwt.
The following example statement can be included in user
documentation to satisfy this requirement:
[program/widget] is based in part on the work of
the Qwt project (http://qwt.sf.net).
Subject to the terms of this notice, Rackspace, Inc. grants you a
nonexclusive, nontransferable license, without the right to
sublicense, to (a) install and execute one copy of these files on any
number of workstations owned or controlled by you and (b) distribute
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foregoing grant, you must provide this notice along with each copy you
distribute and you must not remove, alter, or obscure this notice. All
other use, reproduction, modification, distribution, or other
exploitation of these files is strictly prohibited, except as may be set
forth in a separate written license agreement between you and ERackspace,
Inc. The terms of any such license agreement will control over this
notice. The license stated above will be automatically terminated and
revoked if you exceed its scope or violate any of the terms of this
notice.
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of Rackspace, Inc.,
Airbrake, Exceptional, Airbrake.io, Exceptional.io except as
required for reasonable and customary use in describing the origin
of this file and reproducing the content of this notice. You may
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(if any)provided by Rackspace, Inc.
Unless otherwise expressly agreed by Rackspace, Inc., in a
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WITHOUT WARRANTY OF ANY KIND, including without any implied warranties
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As a condition to your use of these files, you are solely responsible for
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for lost profits or data.
The Radiance Software License, Version 1.0
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
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distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes Radiance software
(http://radsite.lbl.gov/)
developed by the Lawrence Berkeley National Laboratory
(http://www.lbl.gov/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The names "Radiance," "Lawrence Berkeley National Laboratory"
and "The Regents of the University of California" must
not be used to endorse or promote products derived from this
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5. Products derived from this software may not be called "Radiance",
nor may "Radiance" appear in their name, without prior written
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THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
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ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The Radiance Software License, Version 2.0
Radiance v5.4 Copyright (c) 1990 to 2022, The Regents of the University of
California, through Lawrence Berkeley National Laboratory (subject to receipt
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Redistribution and use in source and binary forms, with or without
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(1) Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
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documentation and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley
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may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
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CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
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ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
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You are under no obligation whatsoever to provide any bug fixes, patches,
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for such Enhancements, then you hereby grant the following license: a
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in binary and source code form.
The author(s) grant permission for redistribution and use in source and
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provided that the following conditions are met:
0. If you receive a version of the software that is specifically labelled
as not being for redistribution (check the version message and/or README),
you are not permitted to redistribute that version of the software in any
way or form.
1. All terms of all other applicable copyrights and licenses must be
followed.
2. Redistributions of source code must retain the authors' copyright
notice(s), this list of conditions, and the following disclaimer.
3. Redistributions in binary form must reproduce the authors' copyright
notice(s), this list of conditions, and the following disclaimer in the
documentation and/or other materials provided with the distribution.
4. All advertising materials mentioning features or use of this software
must display the following acknowledgement with the name(s) of the
authors as specified in the copyright notice(s) substituted where
indicated:
This product includes software developed by the authors which are
mentioned at the start of the source files and other contributors.
5. Neither the name(s) of the author(s) nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY ITS AUTHORS AND CONTRIBUTORS ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission to use, copy, modify, and distribute this software
is freely granted, provided that this notice is preserved.
Redistribution.
Redistribution and use in binary form, without modification, are
permitted provided that the following conditions are met:
Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
Neither the name of Ralink Technology Corporation
nor the names of its suppliers may be used to endorse or promote
products derived from this software without specific prior written
permission.
No reverse engineering, decompilation, or disassembly of this
software is permitted.
Limited patent license. Ralink Technology Corporation grants a world-wide,
royalty-free, non-exclusive license under patents it now or hereafter
owns or controls to make, have made, use, import, offer to sell and
sell ("Utilize") this software, but solely to the extent that any
such patent is necessary to Utilize the software alone, or in
combination with an operating system licensed under an approved Open
Source license as listed by the Open Source Initiative at
http://opensource.org/licenses. The patent license shall not apply to
any other combinations which include this software. No hardware per
se is licensed hereunder.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
RAR and WinRAR END USER LICENSE AGREEMENT (EULA)
The following agreement regarding RAR (and its Windows version - WinRAR) archiver - referred to as "software" - is made between win.rar GmbH - referred to as "licensor" - and anyone who is installing, accessing or in any other way using the software - referred to as "user".
The author and holder of the copyright of the software is Alexander L. Roshal. The licensor and as such issuer of the license and bearer of the worldwide exclusive usage rights including the rights to reproduce, distribute and make the software available to the public in any form is win.rar GmbH, Marienstrasse 12, 10117 Berlin, Germany.
The software is distributed as try before you buy. This means that anyone may use the software during a test period of a maximum of 40 days at no charge. Following this test period, the user must purchase a license to continue using the software.
The software's trial version may be freely distributed, with exceptions noted below, provided the distribution package is not modified in any way.
Nobody may distribute separate parts of the package, with the exception of the UnRAR components, without written permission.
The software's unlicensed trial version may not be distributed inside of any other software package without written permission. The software must remain in the original unmodified installation file for download without any barrier and conditions to the user such as collecting fees for the download or making the download conditional on the user giving his contact data.
The unmodified installation file of WinRAR must be provided pure and unpaired. Any bundling is interdicted. In particular the use of any install or download software which is providing any kind of download bundles is prohibited unless granted by win.rar GmbH in written form.
Hacks/cracks, keys or key generators may not be included, pointed to or referred to by the distributor of the trial version.
In case of violation of the precedent conditions the allowance lapses immediately and automatically.
The trial version of the software can display a registration reminder dialog. Depending on the software version and configuration such dialog can contain either a predefined text and links loaded locally or a web page loaded from the internet. Such web page can contain licensing instructions or other materials according to the licensor's choice, including advertisement. When opening a web page, the software transfers only those parameters which are technically required by HTTP protocol to successfully open a web page in a browser.
The software is distributed "as is". No warranty of any kind is expressed or implied. You use at your own risk. Neither the author, the licensor nor the agents of the licensor will be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software.
There are 2 basic types of licenses issued for the software. These are:
A single computer usage license. The user purchases one license to use the software on one computer.
Home users may use their single computer usage license on all computers and mobile devices (USB drive, external hard drive, etc.) which are property of the license owner.
Business users require one license per computer or mobile device on which the software is installed.
A multiple usage license. The user purchases a number of usage licenses for use, by the purchaser or the purchaser's employees on the same number of computers.
In a network (server/client) environment the user must purchase a license copy for each separate client (workstation) on which the software is installed, used or accessed. A separate license copy for each client (workstation) is needed regardless of whether the clients (workstations) will use the software simultaneously or at different times. If for example you wish to have 9 different clients (workstations) in your network with access to RAR, you must purchase 9 license copies.
A user who purchased a license, is granted a non-exclusive right to use the software on as many computers as defined by the licensing terms above according to the number of licenses purchased, for any legal purpose.
There are no additional license fees, apart from the cost of the license, associated with the creation and distribution of RAR archives, volumes, self-extracting archives or self-extracting volumes. Owners of a license may use their copies of the software to produce archives and self-extracting archives and to distribute those archives free of any additional royalties.
The licensed software may not be rented or leased but may be permanently transferred, in its entirety, if the recipient agrees to the terms of this license.
To buy a license, please read the file order.htm provided with the software for details.
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed software, or any subset of the licensed software, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
Neither RAR binary code, WinRAR binary code, UnRAR source or UnRAR binary code may be used or reverse engineered to re-create the RAR compression algorithm, which is proprietary, without written permission.
The software may be using components developed and/or copyrighted by third parties. Please read "Acknowledgments" help file topic for WinRAR or acknow.txt text file for other RAR versions for details.
This License Agreement is construed solely and exclusively under German law. If you are a merchant, the courts at the registered office of win.rar GmbH in Berlin/Germany shall have exclusive jurisdiction for any and all disputes arising in connection with this License Agreement or its validity.
Installing and using the software signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license, you must remove all software files from your storage devices and cease to use the software.
REALNETWORKS COMMUNITY SOURCE LICENSE
RESEARCH AND DEVELOPMENT USE
(RCSL R&D)
Version 2.0 (Rev. Date: February 8, 2005)
RECITALS
Original Contributor has developed Specifications, Source Code implementations and Executables of the Helix DNA Code, and an associated TCK; and
Original Contributor desires to license the Helix DNA Code to a large community to facilitate research, innovation and product development while maintaining compatibility of such products with the Helix DNA Code as delivered by Original Contributor;
Therefore, Original Contributor makes available the Helix DNA Code, the Specifications, and the TCK available under for Research and Development Use only under the following terms:
LICENSE
1. Introduction.
The RealNetworks Community Source License Research and Development Use ( RCSL R&D or License) is a license to use the Source Code of certain portions of the Helix DNA Code, Specifications, and the TCK for research and development use only. You accept the terms of this License by downloading or using the Helix DNA Code, the Specifications, or the TCK.
This License does not include a license to access or modify the Source Code of the Real Format Code. If you desire the right to receive access to the Source Code of the Real Format Code for the purposes of porting and optimization, You and Original Contributor may elect to execute a Real Format Source Code Porting Agreement.
This License does not include a license to make Commercial Use of the Helix DNA Code or Real Format Code. If You desire a license for Commercial Use of the Helix DNA Code or Real Format Code, You and Original Contributor may desire to execute the RealNetworks Community Source License - Commercial Use ( RCSL Commercial ) for the version of the Helix DNA Code and/or Real Format Code You would like to make Commercial Use of. Once executed by You and Original Contributor, the RCSL Commercial would supersede the terms of this License.
Capitalized terms used in this License are defined in the Glossary attached to the end of this License.
2. License Grants.
2.1 Original Contributor Grant to use Covered Code, Specifications, and TCK.
Subject to Your compliance with the terms of this License, Original Contributor grants to You a worldwide, royalty-free, non-exclusive license, to the extent of Original Contributor's Intellectual Property Rights covering the Covered Code, Specifications, and TCK to do the following:
(a) Research Use License:
(i) use, reproduce and modify the Covered Code and Specifications to create Modifications and Reformatted Specifications for Research Use by You;
(ii) publish and display Covered Code and Specifications with, or as part of Modifications, as permitted under Section 3.1(b) below;
(iii) reproduce and distribute copies of Covered Code to Licensees and students for Research Use by You;
(iv) compile, reproduce and distribute Covered Code in Executable form, and Reformatted Specifications to anyone for Research Use by You; and
(v) use the TCK to develop and test Covered Code.
(b) Other than the licenses expressly granted in this License, Original Contributor retains all right, title, and interest in Covered Code, Specifications and TCK.
(c) TCK Use Restrictions.
You may not create derivative works of the TCK or use the TCK to test any implementation of the Specification except for the purpose of creating Compliant Covered Code. You may not publish Your test results or make claims of comparative compatibility with respect to other implementations of the Specification. You may not develop Your own tests that are intended to validate conformation with the Specification.
2.2 Your Grants.
(a) To Other Licensees. You hereby grant to each Licensee a license to Your Error Corrections and Shared Modifications, of the same scope and extent as Original Contributor's licenses under Section 2.1 (a) above relative to Research Use.
(b) To Original Contributor. You hereby grant to Original Contributor a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to the extent of Your Intellectual Property Rights covering Your Error Corrections, Shared Modifications and Reformatted Specifications, to use, reproduce, modify, display and distribute Your Error Corrections, Shared Modifications and Reformatted Specifications, in any form, including the right to sublicense such rights through multiple tiers of distribution.
(c) Other than the licenses expressly granted in Sections 2.2(a) and (b) above, and the restrictions set forth in Section 3.1 below, You retain all right, title, and interest in Your Error Corrections, Shared Modifications and Reformatted Specifications.
2.3 Contributor Modifications.
You may use, reproduce, modify, display and distribute Contributor Error Corrections, Shared Modifications and Reformatted Specifications, obtained by You under this License, to the same scope and extent as with Original Code, Upgraded Code and Specifications.
2.4 Subcontracting.
You may deliver the Source Code of Covered Code to other Licensees for the sole purpose of furnishing development services to You in connection with Your rights granted in this License, provided that You do not enter a separate agreement with such Licensee that contains provisions inconsistent with the ownership and licensing requirements set forth in this License.
3. Requirements and Responsibilities.
3.1 Research Use License.
As a condition of exercising the rights granted under Section 2.1(a) above, You must comply with the following:
(a) Your Contributions. All Error Corrections and Shared Modifications which You create are automatically subject to the licenses granted under Section 2.2 above. You are encouraged to license all of Your other Modifications under Section 2.2 as Shared Modifications, but are not required to do so. You must notify Original Contributor of any errors in the Specification.
(b) Source Code Availability. You must provide all Your Error Corrections to Original Contributor as soon as reasonably practicable and, in any event, no later than when You share such Error Corrections with any other Licensee. Original Contributor may, at its discretion, post Source Code for Your Error Corrections and Shared Modifications at www.helixcommunity.org.
(c) Notices. All Error Corrections and Shared Modifications You create or contribute to must include a file documenting the additions and changes You made and the date of such additions and changes. You must also include the notice set forth in Attachment A-1 in the file header. If it is not possible to put the notice in a particular Source Code file due to its structure, then You must include the notice in a location (such as a relevant directory file), where a recipient would be most likely to look for such a notice.
(d) Redistribution.
(i) Source. Covered Code may be distributed in Source Code form only to another Licensee (except for students as provided below). You may not offer or impose any terms on any Covered Code that alter the rights, requirements, or responsibilities of such Licensee. You may distribute Covered Code to students for use in connection with their course work and research projects undertaken at accredited educational institutions. Such students need not be Licensees, but must be given a copy of the notice set forth in Attachment A-3 and such notice must also be included in a file header or prominent location in the Source Code made available to such students.
(ii) Executable. You may distribute Executable version(s) of Covered Code to Licensees and other third parties only for the purpose of evaluation and comment in connection with Research Use by You and under a license of Your choice, but which limits use of such Executable version(s) of Covered Code only to that purpose.
(iii) Modified Class, Interface and Package Naming. In connection with Research Use by You only, You may use Original Contributor's class, Interface and package names only to accurately reference or invoke the Source Code files You modify. Original Contributor grants to You a limited license to the extent necessary for such purposes.
(e) Extensions.
(i) You may not include any Source Code of Community Code in any Extensions. You may include the compiled Header Files of Community Code in an Extension provided that Your use of the Covered Code, including Header Files, complies with the TCK and all other terms of this License.
(ii) Open. You must refrain from enforcing any Intellectual Property Rights You may have covering any interface(s) of Your Extension, which would prevent the implementation of such interface(s) by Original Contributor or any Licensee. This obligation does not prevent You from enforcing any Intellectual Property Right You have that would otherwise be infringed by an implementation of Your Extension.
(iii) Interface Modifications and Naming. You may not modify or add to the GUID space "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other GUID space designated by Original Contributor. You may not modify any Interface prefix provided with the Covered Code or any other prefix designated by Original Contributor.
(f) Any Specifications provided to You by Original Contributor are confidential and proprietary information of Original Contributor. You must maintain the confidentiality of the Specifications and may not disclose them to any third party without Original Contributor s prior written consent. You may only use the Specifications under the terms of this License and only for the purpose of implementing the terms of this License with respect to Community Code. You may not use, copy or distribute any such Specifications except as provided in writing by Original Contributor.
3.2. No Commercial Use.
You may not make Commercial Use of any Covered Code unless You and Original Contributor have executed a copy of the RCSL - Commercial available at www.helixcommunity.org.
4. Versions of the License.
4.1 License Versions.
Original Contributor may publish revised versions of the RCSL - R&D from time to time. Each version will be given a distinguishing version number. No one other than Original Contributor has the right to promulgate RCSL R&D versions.
4.2 Effect of New License Versions.
(a) Once a particular version of Covered Code has been provided under a version of the RCSL R&D, You may always continue to use such Covered Code under the terms of that version of the RCSL R&D. You may also choose to use such Covered Code under the terms of any subsequent version of the RCSL R&D, but not under a prior version of the RCSL R&D. (For example, if a version of Covered Code has been provided under RCSL R&D 2.1, You may not use such Covered Code under RCSL R&D 2.0.)
(b) Version 2.0 of this RCSL R&D (and all subsequent versions) supercedes versions 1.0, 1.1, and 1.2 of RCSL plus Attachments A-C.
4.3 Multiple-Licensed Code.
Original Contributor may designate portions of the Covered Code as Multiple-Licensed. Multiple-Licensed means that the Original Contributor permits You to utilize those designated portions of the Covered Code under Your choice of this License or the alternative license(s), if any, specified by the Original Contributor at www.helixcommunity.org or in Header Files for the applicable Covered Code.
5. Disclaimer of Warranty.
COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
6. Termination.
6.1 By You.
You may terminate this License at anytime by providing written notice to Original Contributor.
6.2 By Original Contributor.
This License and the rights granted hereunder will terminate:
(i) automatically if You fail to comply with the terms of this License and fail to cure such breach within 30 days of receipt of written notice of the breach;
(ii) immediately in the event of circumstances specified in Sections 7.1 and 8.4; or
(iii) at Original Contributor's discretion upon any action initiated by You (including by cross-claim or counter claim) alleging that use or distribution by Original Contributor or any Licensee, of any Covered Code, the TCK or Specifications infringe a patent owned or controlled by You.
6.3 Effective of Termination.
Upon termination, You must discontinue use of and destroy all copies of Covered Code in Your possession. All sublicenses to the Covered Code which You have properly granted shall survive any termination of this License. Provisions that, by their nature, should remain in effect beyond the termination of this License shall survive including, without limitation, Sections 2.2, 3, 5, 7 and 8.
6.4 No Compensation.
Each party waives and releases the other from any claim to compensation or indemnity for permitted or lawful termination of the business relationship established by this License.
7. Liability.
7.1 Infringement. Should any of the Covered Code, TCK or Specifications ("Materials") become the subject of a claim of infringement, Original Contributor may, at its sole option, (i) attempt to procure the rights necessary for You to continue using the Materials, (ii) modify the Materials so that they are no longer infringing, or (iii) terminate Your right to use the Materials, immediately upon written notice.
7.2 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
8. Miscellaneous.
8.1 No Trademark License.
You are granted no right, title or license to, or any interest in, any trademarks of Original Contributor hereunder.
8.2 Integration.
This License represents the complete agreement concerning the subject matter hereof.
8.3 Assignment.
Original Contributor may assign this License, and its rights and obligations hereunder, in its sole discretion. You may assign Your rights and obligations under this the License to a third party upon prior written notice to Original Contributor.
8.4 Severability.
If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Notwithstanding the foregoing, if You are prohibited by law from fully and specifically complying with Sections 2.2 or 3, this License will immediately terminate and You must immediately discontinue any use of the Materials.
8.5 Governing Law.
This License shall be governed by the laws of the United States and the State of Washington, as applied to contracts entered into and to be performed in Washington between Washington residents. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The state and federal courts located in Seattle, Washington have exclusive jurisdiction over any claim relating to the License, including contract and tort claims.
8.6 Construction.
Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not apply to this License.
8.7 U.S. Government End Users.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
8.8 Press Announcements.
You may make press announcements or other public statements regarding this License without the prior written consent of the Original Contributor, if Your statement is limited to announcing the licensing of the Covered Code. All other public announcements regarding this License require the prior written consent of the Original Contributor. Consent requests are welcome at press@helixcommunity.org.
8.9 International Use.
a) Export/Import laws. Covered Code is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You must comply strictly with all such laws and regulations and must obtain any necessary licenses to export, re-export, or import as may be permitted under this Agreement.
b) Intellectual Property Protection. Due to limited intellectual property protection and enforcement in certain countries, this License does not permit the redistribution of the Covered Code, TCK and Specifications to any country on the list of restricted countries at www.helixcommunity.org.
8.10 Language.
This License is in the English language only, which language shall be controlling in all respects, and all versions of this License in any other language shall be for accommodation only and shall not be binding on the parties to this License. All communications and notices made or given pursuant to this License, and all documentation and support to be provided, unless otherwise noted, shall be in the English language.
REALNETWORKS COMMUNITY SOURCE LICENSE
RESEARCH AND DEVELOPMENT USE
(RCSL R&D)
Version 3.0 (Rev. Date: May 29, 2007)
RECITALS
RealNetworks, Inc. ("RN") has developed Specifications, Source Code implementations and Executables of the Helix DNA Code, and an associated TCK; and
RN desires to license the Helix DNA Code to a large community to facilitate research, innovation and product development while maintaining compatibility of such products with the Helix DNA Code as delivered by RN;
Therefore, RN makes available the Helix DNA Code, the Specifications, and the TCK available for Research and Development Use only under the following terms:
LICENSE
1. Introduction.
The RealNetworks Community Source License – Research and Development Use ("RCSL R&D" or "License") is a license to use the Source Code of certain portions of the Helix DNA Code, Specifications, and the TCK for research and development use only. You ("Licensee," as more specifically defined below) accept the terms of this License by downloading or using the Helix DNA Code, the Specifications, or the TCK, unless Licensee and RN have signed a license agreement that expressly supersedes this RCSL R&D.
This License does not include a license to access or modify the Source Code of the Real Format Client Code. If Licensee desires the right to receive access to the Source Code of the Real Format Client Code for the purposes of porting and optimization, Licensee and RN may elect to execute a Real Format Source Code Porting and Optimization Agreement.
This License does not include a license to make Commercial Use of the Helix DNA Code or Real Format Client Code. If Licensee desires a license for Commercial Use of the Helix DNA Code or Real Format Client Code, Licensee and RN may desire to execute the RealNetworks Community Source License - Commercial Use ("RCSL Commercial") for the version of the Helix DNA Code or Real Format Client Code of which Licensee would like to make Commercial Use. Once executed by Licensee and RN, the RCSL Commercial would supersede the terms of this License.
Capitalized terms used in this License are defined in the Glossary attached to the end of this License.
2. License Grants.
2.1 RN Grant to use Covered Code, Specifications, and TCK.
Subject to Licensee’s compliance with the terms of this License, RN grants to Licensee a worldwide, royalty-free, non-exclusive license, to the extent of RN's Intellectual Property Rights covering the Covered Code, Specifications, and the TCK to do the following:
(a) Research Use License.
(i) use, reproduce and modify the Covered Code and Specifications to create Modifications and Reformatted Specifications for Research Use by Licensee;
(ii) publish and display Covered Code and Specifications with, or as part of Modifications, as permitted under Section 3.1(b) below;
(iii) reproduce and distribute copies of Covered Code to Licensees and students for Research Use by Licensee;
(iv) compile, reproduce and distribute Covered Code in Executable form, and Reformatted Specifications to anyone for Research Use by Licensee; and
(v) use the TCK to develop and test Covered Code.
(b) Reservation of Rights.
Other than the licenses expressly granted in this License, RN retains all right, title, and interest in Covered Code, Specifications and the TCK.
(c) TCK Use Restrictions.
Licensee may not create derivative works of the TCK or use the TCK to test any implementation of the Specifications except for the purpose of creating Compliant Covered Code. Licensee may not publish Licensee’s test results or make claims of comparative compatibility with respect to other implementations of the Specification.
2.2 Licensee’s Grants.
(a) To Other Helix Licensees. Licensee hereby grants to each other Helix Licensee a license to Licensee’s Error Corrections and Shared Modifications, of the same scope and extent as RN's licenses under Section 2.1 (a) above relative to Research Use.
(b) To RN. Licensee hereby grant to RN a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to the extent of Licensee’s Intellectual Property Rights covering Licensee’s Error Corrections, Shared Modifications and Reformatted Specifications, to use, reproduce, modify, display and distribute Licensee’s Error Corrections, Shared Modifications and Reformatted Specifications, in any form, including the right to sublicense such rights through multiple tiers of distribution.
(c) Other than the licenses expressly granted in Sections 2.2(a) and (b) above, and the restrictions set forth in Section 3.1 below, Licensee retains all right, title, and interest in Licensee’s Error Corrections, Shared Modifications and Reformatted Specifications.
2.3 Modifications by Helix Licensees.
Licensee may use, reproduce, modify, display and distribute Error Corrections, Shared Modifications and Reformatted Specifications, obtained by Licensee under this License from any other Helix Licensee, to the same scope and extent as with Original Code, Upgraded Code and Specifications.
2.4 Subcontracting.
Licensee may deliver the Source Code of Covered Code to other Helix Licensees for the sole purpose of furnishing development services to Licensee in connection with Licensee’s rights granted in this License, provided that Licensee does not enter a separate agreement with such Licensee that contains provisions inconsistent with the ownership and licensing requirements set forth in this License.
3. Requirements and Responsibilities.
3.1 Research Use License.
As a condition of exercising the rights granted under Section 2.1(a) above, Licensee must comply with the following:
(a) Licensee’s Contributions. All Error Corrections and Shared Modifications which Licensee creates are automatically subject to the licenses granted under Section 2.2 above. Licensee is encouraged to license all of Licensee’s other Modifications under Section 2.2 as Shared Modifications, but is not required to do so. Licensee must notify RN of any errors in the Specifications.
(b) Source Code Availability. Licensee must provide all of Licensee’s Error Corrections to RN as soon as reasonably practicable and, in any event, no later than when Licensee shares such Error Corrections with any other Helix Licensee. RN may, at its discretion, post Source Code for Licensee’s Error Corrections and Shared Modifications at the Helix Community Website.
(c) Notices. All Error Corrections and Shared Modifications that Licensee creates or contributes to must include a file documenting the additions and changes Licensee made and the date of such additions and changes. Licensee must also include the notice set forth in Attachment A-1 in the file header of any Error Correction or Shared Modification. If it is not possible to put the notice in a particular Source Code file due to its structure, then Licensee must include the notice in a location (such as a relevant directory file), where a recipient would be most likely to look for such a notice.
(d) Redistribution.
(i) Source. Covered Code may be distributed in Source Code form only to another Helix Licensee (except for students as provided below). Licensee may not offer or impose any terms on any Covered Code that alter the rights, requirements, or responsibilities of such Helix Licensee. Licensee may distribute Covered Code to students for use in connection with their course work and research projects undertaken at accredited educational institutions. Such students need not be Helix Licensees, but must be given a copy of the notice set forth in Attachment A-3 and such notice must also be included in a file header or prominent location in the Source Code made available to such students.
(ii) Executable. Licensee may distribute Executable version(s) of Covered Code to Helix Licensees and other third parties only for the purpose of evaluation and comment in connection with Research Use by Licensee and under a license of Licensee’s choice, but that limits use of such Executable version(s) of Covered Code only to that purpose.
(iii) Modified Class, Interface and Package Naming. In connection with Research Use by Licensee only, Licensee may use RN's class, Interface and package names only to accurately reference or invoke the Source Code files that Licensee modifies. RN grants to Licensee a limited license to the extent necessary for such purposes.
(e) Extensions.
(i) Licensee may not include any Source Code of Community Code in any Extensions. Licensee may include the compiled Header Files of Community Code in an Extension provided that Licensee’s use of the Covered Code, including Header Files, complies with the TCK and all other terms of this License.
(ii) Open. Licensee must refrain from enforcing any Intellectual Property Rights Licensee may have covering any Interface(s) of Licensee’s Extension, which would prevent the implementation of such Interface(s) by RN or any Helix Licensee. This obligation does not prevent Licensee from enforcing any Intellectual Property Right Licensee has that would otherwise be infringed by an implementation of Licensee’s Extension.
(iii) Interface Modifications and Naming. Licensee may not modify or add to the GUID space "xxxxxxxx-0901-11d1-8B06-00A024406D59" or any other GUID space designated by RN. Licensee may not modify any Interface prefix provided with the Covered Code or any other prefix designated by RN.
(f) Any Specifications provided to Licensee by RN are confidential and proprietary information of RN. Licensee must maintain the confidentiality of the Specifications and may not disclose them to any third party without RN’s prior written consent. Licensee may only use the Specifications under the terms of this License and only for the purpose of implementing the terms of this License with respect to Community Code. Licensee may not use, copy or distribute any such Specifications except as provided in writing by RN.
No Commercial Use.
Licensee may not make Commercial Use of any Covered Code unless Licensee and RN have executed a copy of the RCSL - Commercial available at the Helix Community Website, or another license agreement expressly granting commercial use rights.
4. Versions of the License.
4.1 License Versions.
RN may publish revised versions of this License from time to time. Each version will be given a distinguishing version number. No one other than RN has the right to promulgate versions of this License.
4.2 Effect of New License Versions.
(a) Once a particular version of Covered Code has been provided under a version of this License, Licensee may always continue to use such Covered Code under the terms of that version of the License. Licensee may also choose to use such Covered Code under the terms of any subsequent version of the License, but not under a prior version of the License. (For example, if a version of Covered Code has been provided under RCSL R&D 2.1, Licensee may not use such Covered Code under RCSL R&D 2.0.)
(b) Version 3.0 of this License (and all subsequent versions) supercedes versions 1.0, 1.1, 1.2, and 2.0 of RCSL R&D plus Attachments A-C.
4.3 Multiple-Licensed Code.
RN may designate portions of the Covered Code as "Multiple-Licensed." "Multiple-Licensed" means that the RN permits Licensee to utilize those designated portions of the Covered Code under Licensee’s choice of this License or the alternative license(s), if any, specified by the RN at the Helix Community Website or in Header Files for the applicable Covered Code.
5. Disclaimer of Warranty.
COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
6. Termination.
6.1 By Licensee.
Licensee may terminate this License at anytime by providing written notice to RN.
6.2 By RN.
This License and the rights granted hereunder will terminate:
(a) automatically if Licensee fails to comply with the terms of this License and fails to cure such breach within 30 days of receipt of written notice of the breach;
(b) immediately in the event of circumstances specified in Sections 7.1 and 8.4; or
(c) at RN's discretion upon any action initiated by Licensee (including by cross-claim or counter claim) alleging that use or distribution by RN or any Licensee, of any Covered Code, the TCK or Specifications infringe a patent owned or controlled by Licensee.
6.3 Effect of Termination.
Upon termination, Licensee must discontinue use of and destroy all copies of Covered Code in Licensee’s possession. All sublicenses to the Covered Code that Licensee has properly granted shall survive any termination of this License. Provisions that, by their nature, should remain in effect beyond the termination of this License shall survive including, without limitation, Sections 2.2, 3, 5, 7, 8, and the Glossary.
6.4 No Compensation.
Each party waives and releases the other from any claim to compensation or indemnity for permitted or lawful termination of the business relationship established by this License.
7. Liability.
7.1 Infringement.
Should any of the Covered Code, TCK or Specifications ("Materials") become the subject of a claim of infringement, RN may, at its sole option, (i) attempt to procure the rights necessary for Licensee to continue using the Materials, (ii) modify the Materials so that they are no longer infringing, or (iii) terminate Licensee’s right to use the Materials, immediately upon written notice.
7.2 LIMITATION OF LIABILITY.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, RN'S LIABILITY TO LICENSEE FOR CLAIMS RELATING TO THIS LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY LICENSEE TO RN FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF ANY, DURING THE TWELVE MONTHS PRECEDING THE CLAIMED BREACH. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT LICENSEE OR RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
8. Miscellaneous.
8.1 No Trademark License.
Licensee is granted no right, title or license to, or any interest in, any trademarks of RN hereunder.
8.2 Integration.
This License represents the complete agreement concerning the subject matter hereof.
8.3 Assignment.
RN may assign this License, and its rights and obligations hereunder, in its sole discretion. Licensee may assign Licensee’s rights and obligations under this the License to a third party upon prior written notice to RN.
8.4 Severability.
If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Notwithstanding the foregoing, if Licensee is prohibited by law from fully and specifically complying with Sections 2.2 or 3, this License will immediately terminate and Licensee must immediately discontinue any use of the Materials.
8.5 Governing Law.
This License shall be governed by the laws of the United States and the State of Washington, as applied to contracts entered into and to be performed in Washington between Washington residents. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The state and federal courts located in Seattle, Washington have exclusive jurisdiction over any claim relating to the License, including contract and tort claims.
8.6 Construction.
Any law or regulation, which provides that the language of a contract shall be construed against the drafter, shall not apply to this License.
8.7 U.S. Government End Users.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
Press Announcements.
Licensee may make press announcements or other public statements regarding this License without the prior written consent of the RN, if Licensee’s statement is limited to announcing the licensing of the Covered Code. All other public announcements regarding this License require the prior written consent of the RN. Consent requests are welcome at press@helixcommunity.org.
8.9 International Use.
(a) Export/Import laws. Covered Code is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee must comply strictly with all such laws and regulations and must obtain any necessary licenses to export, re-export, or import as may be permitted under this Agreement.
(b) Intellectual Property Protection. Due to limited intellectual property protection and enforcement in certain countries, this License does not permit the redistribution of the Covered Code, TCK and Specifications to any country on the list of restricted countries at the Helix Community Website.
8.10 Language.
This License is in the English language only, which language shall be controlling in all respects, and all versions of this License in any other language shall be for accommodation only and shall not be binding on the parties to this License. All communications and notices made or given pursuant to this License, and all documentation and support to be provided, unless otherwise noted, shall be in the English language.
GLOSSARY
"Applicable Patent Claims" means: (a) in the case where RN is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to RN and (ii) are necessarily infringed by using or making the Original Code or Upgraded Code, including Modifications provided by RN, alone and not in combination with other software or hardware; and (b) in the case where Licensee is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to Licensee and (ii) are infringed (directly or indirectly) by using or making Licensee Modifications, taken alone or in combination with Covered Code.
"Application Programming Interfaces (APIs)" means the interfaces, associated header files, service provider interfaces, and protocols that enable a device, application, operating system, or other program to obtain services from or make requests of (or provide services in response to requests from) other programs, and to use, benefit from, or rely on the resources, facilities, and capabilities of the relevant programs using the APIs. APIs includes the technical documentation describing the APIs, the Source Code constituting the API, and any Header Files used with the APIs.
"Commercial Use" means any use (internal or external), copying, sublicensing or distribution (internal or external), directly or indirectly of Covered Code by Licensee other than Licensee’s Research Use of Covered Code within Licensee’s business or organization or in conjunction with other Helix Licensees with equivalent Research Use rights. Commercial Use includes any use of the Covered Code for direct or indirect commercial or strategic gain, advantage or other business purpose. Any Commercial Use requires execution of the RCSL - Commercial Use by Licensee and RN.
"Community Code" means the Original Code, Upgraded Code, Error Corrections, Shared Modifications, or any combination thereof.
"Compliant Covered Code" means Covered Code that complies with the requirements of the TCK.
"Covered Code" means the Original Code, Upgraded Code, Modifications, or any combination thereof.
"Error Correction" means any change made to Community Code which conforms to the Specification and corrects the adverse effect of a failure of Community Code to perform any function set forth in or required by the Specifications.
"Executable" means Covered Code that has been converted from Source Code to the preferred form for execution by a computer or digital processor (e.g. binary form).
"Extension(s)" means any additional Interfaces developed by or for Licensee which: (i) are designed for use with the Helix DNA Code; (ii) constitute an API for a library of computing functions or services; and (iii) are disclosed or otherwise made available to third party software developers for the purpose of developing software which invokes such additional Interfaces. The foregoing shall not apply to software developed by Licensee’s subcontractors to be exclusively used by Licensee.
"Helix Community Website" means the website located at www.helixcommunity.org designated by RN for access to the Helix DNA Code, TCK and Specifications, and for posting Modifications.
"Header File(s)" means that portion of the Source Code that provides the names and types of member functions, data members, class definitions, and interface definitions necessary to implement the APIs for the Covered Code. Header Files include, files specifically designated by RN as Header Files. Header Files do not include the code necessary to implement the functionality underlying the Interface.
"Helix DNA Client" means the software identified on the Helix Community Website as the "Helix DNA Client" and which implements audio and video playback and rendering as defined in the Specifications.
"Helix DNA Code" means the Helix DNA Server, the Helix DNA Client, the Helix DNA Producer, and any other Helix technologies that may be designated by RN from time to time.
"Helix DNA Producer" means the portion of the Covered Code that implements the Helix Producer engine as defined in the Specification.
"Helix DNA Server" means the portion of the Covered Code that implement the Helix Server streaming engine as defined in the Specification.
"Helix Licensee" means any person or entity who has entered into a license agreement with RN providing for both source code development rights to and Commercial Use of the Helix DNA Client.
"Intellectual Property Rights" means worldwide statutory and common law rights associated solely with (i) Applicable Patent Claims; (ii) works of authorship including copyrights, copyright applications, copyright registrations and "moral rights"; (iii) the protection of trade and industrial secrets and confidential information; and (iv) divisions, continuations, renewals, and re-issuances of the foregoing now existing or acquired in the future.
"Licensee" means the individual, or a legal entity acting by and through an individual or individuals, exercising rights either under this License or under a future version of this License issued pursuant to Section 4.1. For legal entities, "Licensee" includes any entity that by majority voting interest controls, is controlled by, or is under common control with Licensee.
"Interface" means interfaces, functions, properties, class definitions, APIs, Header Files, GUIDs, V-Tables, or protocols allowing one piece of software, firmware or hardware to communicate or interoperate with another piece of software, firmware or hardware.
"Modification(s)" means (i) any addition to, deletion from or change to the substance or structure of the Covered Code, including Interfaces; (ii) any new file or other representation of computer program statements that contains any portion of Covered Code; or (iii) any new Source Code implementing any portion of the Specifications.
"Original Code" means the Source Code for the Helix DNA Code as described on the Helix Community Website.
"RN" means RealNetworks, Inc., its affiliates and its successors and assigns.
"Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
"Real Format Client Code" means the software identified on the Helix Community Website as "Real Format Client Code" and which enables the playing back of content in RealMedia File Formats.
"RealMedia File Format" means the file format designed and developed by RN for storing multimedia data and used to store RealAudio and RealVideo encoded streams. Valid RealMedia File Format extensions include: .rm, .rmj, .rmc, .rmvb, .rms, .ra, .rv, .rax .rvx.
"Reformatted Specifications" means any revision to the Specifications which translates or reformats the Specifications (as for example in connection with Licensee’s documentation) but which does not alter, subset or superset the functional or operational aspects of the Specifications.
"Research Use" means use and distribution of Covered Code only for Licensee’s Personal Use, research or development use and expressly excludes Commercial Use. Research Use also includes use of Covered Code to teach individuals how to use Covered Code.
"Shared Modifications" means Modifications that Licensee distributes or uses for a Commercial Use, in addition to any Modifications provided by Licensee, at Licensee’s option, pursuant to Section 2.2, or received by Licensee from another Helix Licensee pursuant to Section 2.3.
"Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable.
"Specifications" means the specifications for the Helix DNA Code and other documentation, as published by RN from time to time on the Helix Community Website.
"Technology Compatibility Kit" or "TCK" means the interoperability testing specification, documentation and related testing tools made available to Licensee by RN from time to time for the purpose of testing Licensee’s implementations of the Covered Code. RN may, in its sole discretion and from time to time, revise a TCK to correct errors or omissions and in connection with Upgrades.
"Upgrade(s)" means new versions of Helix DNA Code designated exclusively by RN as an "Upgrade" and released by RN from time to time under the terms of this License.
"Upgraded Code" means the Source Code or Executables for Upgrades, possibly including Modifications made by other Helix Licensees.
ATTACHMENT A
REQUIRED NOTICES
ATTACHMENT A-1
REQUIRED IN ALL CASES
Notice to be included in header file of all Error Corrections and Shared Modifications:
Portions Copyright 1994-2007 © RealNetworks, Inc. All rights reserved.
The contents of this file, and the files included with this file, are subject to the current version of RealNetworks Community Source License Version 3.0 (the "License"). You may not use this file except in compliance with the License executed by both you and RealNetworks. You may obtain a copy of the License at https://www.helixcommunity.org/content/rcsl. You may also obtain a copy of the License by contacting RealNetworks directly. Please see the License for the rights, obligations and limitations governing use of the contents of the file.
This file is part of the Helix DNA Code. RealNetworks, Inc., is the developer of the Original Code and owns the copyrights in the portions it created.
This file, and the files included with this file, are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
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ATTACHMENT A-2
SAMPLE LICENSEE CERTIFICATION
"By clicking the `Agree' button below, you certify that you are a Licensee in good standing under the RealNetworks Community Source License – Research and Development or the RealNetworks Community Source License – Commercial, (each, a "License") and that your access, use and distribution of code and information you may obtain at this site is subject to the License. If you are not a Licensee under the RealNetworks Community Source License you may not download, copy or use the Helix DNA Code.
ATTACHMENT A-3
REQUIRED STUDENT NOTIFICATION
"This software and related documentation has been obtained by your educational institution subject to the RealNetworks Community Source License. You have been provided access to the software and related documentation for use only in connection with your course work and research activities as a matriculated student of your educational institution. Any other use is expressly prohibited.
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIAL OF REALNETWORKS, INC, WHICH ARE PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS.
You may not use this file except in compliance with the License. You may obtain a copy of the License on the web at https://www.helixcommunity.org/content/rcsl.
Rdisc (this program) was developed by Sun Microsystems, Inc. and is provided for unrestricted use provided that this legend is included on all tape media and as a part of the software program in whole or part. Users may copy or modify Rdisc without charge, and they may freely distribute it.
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Rdisc is provided with no support and without any obligation on the part of Sun Microsystems, Inc. to assist in its use, correction, modification or enhancement.
SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY RDISC OR ANY PART THEREOF.
In no event will Sun Microsystems, Inc. be liable for any lost revenue or profits or other special, indirect and consequential damages, even if Sun has been advised of the possibility of such damages.
ReactOS may be used, runtime linked, and distributed with non-free software
(meaning that such software has no obligations to open-source, or render
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applications. This exception does not alter any other responsibilities of
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the GPL for the free ("open-sourced") code that has been integrated into
the said software).
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
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You may, however, access and obtain a separate license for most of the
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NO WARRANTY. THIS PACKAGE IS PROVIDED "AS IS" AND ANY EXPRESS OR
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The redhat-logos package ("Package") contains images that are or include
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REDIS SOURCE AVAILABLE LICENSE AGREEMENT
Version 1, February 21, 2019
This Agreement sets forth the terms on which the Licensor makes available the Software. BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. If you are receiving the Software on behalf of a legal entity, you represent and warrant that you have the actual authority to agree to the terms and conditions of this agreement on behalf of such entity.
0. DEFINITIONS
The terms below have the meanings set forth below for purposes of this Agreement:
Agreement: this Redis Source Available License Agreement.
Database Product: any of the following products or services: (a) database; (b) caching engine; (c) stream processing engine; (d) search engine; (e) indexing engine; (f) machine learning or deep learning or artificial intelligence serving engine;
(g) a product or service exposing the Redis API; (h) a product or service exposing the Redis Modules API; or
(i) a product or service exposing the Software API.
License: the Redis Source Available License described in Section 1.
Licensor: Redis Labs Ltd.
Modification: a modification of the Software made by You under the License, Section 1.1(c).
Redis: the open source Redis software as described in redis.io.
Software: certain software components designed to work with Redis and provided to you under this Agreement.
You: the recipient of this Software, an individual, or the entity on whose behalf you are receiving the Software.
Your Application: an application developed by or for You, where such application is not a Database Product.
1. LICENSE GRANT AND CONDITIONS
1.1 Subject to the terms and conditions of this Section 1, Licensor hereby grants to You a non-exclusive, royalty-free, worldwide, non-transferable license during the term of this Agreement to:
(a) distribute or make available the Software or your Modifications under the terms of this Agreement, only as part of Your Application, so long as you include the following notice on any copy you distribute: "This software is subject to the terms of the Redis Source Available License Agreement".
(b) use the Software, or your Modifications, only as part of Your Application, but not in connection with any Database Product that is distributed or otherwise made available by any third party.
(c) modify the Software, provided that Modifications remain subject to the terms of this License.
(d) reproduce the Software as necessary for the above.
1.2. Sublicensing. You may sublicense the right to use the Software fully embedded in Your Application as distributed by you in accordance with Section 1.1(a), pursuant to a written license that disclaims all warranties and liabilities on behalf of Licensor.
1.3. Notices. On all copies of the Software that you make, you must retain all copyright or other proprietary notices.
2. TERM AND TERMINATION. This Agreement will continue unless and until earlier terminated as set forth herein. If You breach any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the licenses granted herein will terminate automatically.
3. INTELLECTUAL PROPERTY. As between the parties, Licensor retains all right, title, and interest in the Software, and to Redis or other Licensor trademarks or service marks, and all intellectual property rights therein. Licensor hereby reserves all rights not expressly granted to You in this Agreement.
4. DISCLAIMER. TO THE EXTENT ALLOWABLE UNDER LAW, LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. Licensor has no obligation to support the Software.
5. LIMITATION OF LIABILITY. TO THE EXTENT ALLOWABLE UNDER LAW, LICENSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT.
6. GENERAL. You are not authorized to assign Your rights under this Agreement to any third party. Licensor may freely assign its rights under this Agreement to any third party. This Agreement is the entire agreement between the parties on the subject matter hereof. No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Failure by Licensor to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. This Agreement will be governed by and interpreted in accordance with the laws of the state of California, without reference to its conflict of laws principles. If You are located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Santa Clara County, California. USA. If You are located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS before a single arbitrator in Santa Clara County, California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
**Redpanda Community License Agreement**
Please read this Redpanda Community License Agreement (the “Agreement”)
carefully before using Redpanda (as defined below), which is offered by
Redpanda Data, Inc. or its affiliated Legal Entities (“Redpanda Data”).
By downloading Redpanda or using it in any manner, You agree that You
have read and agree to be bound by the terms of this Agreement. If You
are accessing Redpanda on behalf of a Legal Entity, You represent and
warrant that You have the authority to agree to these terms on its
behalf and the right to bind that Legal Entity to this Agreement. Use of
Redpanda is expressly conditioned upon Your assent to all the terms of
this Agreement, to the exclusion of all other terms.
1. **<span class="smallcaps">Definitions</span>.** In addition to other
terms defined elsewhere in this Agreement, the terms below have the
following meanings.
(a) “Redpanda” shall mean the event streaming platform provided by Redpanda Data, including both Redpanda Core and Redpanda Enterprise Edition, as defined below.
(b) “Redpanda Core” shall mean the version of Redpanda, available free of charge at https://github.com/redpanda-data/redpanda.
(c) “Redpanda Enterprise Edition” shall mean the additional features made available by Redpanda Data, the use of which is subject to additional terms set out below.
(d) “Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted Redpanda Data for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to Redpanda Data or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Redpanda Data for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
(e) “Contributor” shall mean any copyright owner or individual or Legal Entity authorized by the copyright owner, other than Redpanda Data, from whom Redpanda Data receives a Contribution that Redpanda Data subsequently incorporates within the Work.
(f) “Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work, such as a translation, abridgement, condensation, or any other recasting, transformation, or adaptation for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
(g) “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
(h) “License” shall mean the terms and conditions for use, reproduction, and distribution of a Work as defined by this Agreement.
(i) “Licensor” shall mean Redpanda Data or a Contributor, as applicable.
(j) “Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
(k) “Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
(l) “Third Party Works” shall mean Works, including Contributions, and other technology owned by a person or Legal Entity other than Redpanda Data, as indicated by a copyright notice that is included in or attached to such Works or technology.
(m) “Work” shall mean the work of authorship, whether in Source or Object form, made available under a License, as indicated by a copyright notice that is included in or attached to the work.
(n) “You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.
2. **<span class="smallcaps">Licenses</span>**.
1. **License to Redpanda Core.** The License for Redpanda Core is
the Business Source License v.1.1 ("BSL License"). Please see
the text of the Redpanda [BSL License](bsl.md) for full terms.
Redpanda Core is a no-cost, entry-level license and as such,
contains the following disclaimers: TO THE EXTENT PERMITTED BY
APPLICABLE LAW, REDPANDA CORE IS PROVIDED ON AN “AS IS” BASIS.
LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND TITLE. For clarity, the terms of this
Agreement, other than the relevant definitions in Section 1 and
this Section 2(a) do not apply to Redpanda Core.
2. **License to Redpanda Enterprise Edition.**
1. ***Grant of Copyright License:*** Subject to the terms of
this Agreement, Licensor hereby grants to You a worldwide,
non-exclusive, non-transferable limited license to
reproduce, prepare Enterprise Derivative Works (as defined
below) of, publicly display, publicly perform, sublicense,
and distribute Redpanda Enterprise Edition for Your business
purposes, for so long as You are not in violation of this
Section 2(b) and are current on all payments required by
Section 4 below.
2. ***Grant of Patent License:*** Subject to the terms of this
Agreement, Licensor hereby grants to You a worldwide,
non-exclusive, non-transferable limited patent license to
make, have made, use, offer to sell, sell, import, and
otherwise transfer Redpanda Enterprise Edition, where such
license applies only to those patent claims licensable by
Licensor that are necessarily infringed by their
Contribution(s) alone or by combination of their
Contribution(s) with the Work to which such Contribution(s)
was submitted. If You institute patent litigation against
any entity (including a cross-claim or counterclaim in a
lawsuit) alleging that the Work or a Contribution
incorporated within the Work constitutes direct or
contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall
terminate as of the date such litigation is filed.
3. ***License to Third Party Works:*** From time to time
Redpanda Data may use, or provide You access to, Third Party
Works in connection Redpanda Enterprise Edition. You
acknowledge and agree that in addition to this Agreement,
Your use of Third Party Works is subject to all other terms
and conditions set forth in the License provided with or
contained in such Third Party Works. Some Third Party Works
may be licensed to You solely for use with Redpanda
Enterprise Edition under the terms of a third party License,
or as otherwise notified by Redpanda Data, and not under the
terms of this Agreement. You agree that the owners and third
party licensors of Third Party Works are intended third
party beneficiaries to this Agreement.
4. ***Use Restriction:*** You may make use of Redpanda
Enterprise Edition, provided that you may not use Redpanda
Enterprise Edition for a Streaming or Queuing Service. A
“Streaming or Queueing Service” is a commercial offering
that allows third parties (other than your employees and
individual contractors) to access the functionality of
Redpanda Enterprise Edition by performing an action directly
or indirectly that causes the creation of a topic in the
Work. For clarity, a Streaming or Queuing Service would
include providers of infrastructure services, such as cloud
services, hosting services, data center services and
similarly situated third parties (including affiliates of
such entities) that would offer Redpanda Enterprise Edition
in connection with a broader service offering to customers
or subscribers of such of such third party’s core services.
3. **<span class="smallcaps">Support</span>.** From time to time, in
its sole discretion, Redpanda Data may offer professional services or
support for Redpanda, which may now or in the future be subject to
additional fees.
4. **<span class="smallcaps">Fees for Redpanda Enterprise Edition or
Redpanda Support.</span>**
1. **Fees.** The License to Redpanda Enterprise Edition is
conditioned upon Your payment of the fees specified on
[pricing](https://redpanda.com/contact) which You agree to pay to Redpanda Data in accordance
with the payment terms set out on that page. Any professional
services or support for Redpanda may also be subject to Your
payment of fees, which will be specified by Redpanda Data when you
sign up to receive such professional services or support.
Redpanda Data reserves the right to change the fees at any time
with prior written notice; for recurring fees, any such
adjustments will take effect as of the next payment period.
2. **Overdue Payments and Taxes.** Overdue payments are subject to
a service charge equal to the lesser of 1.5% per month or the
maximum legal interest rate allowed by law, and You shall pay
all Redpanda Data’s reasonable costs of collection, including court
costs and attorneys’ fees. Fees are stated and payable in U.S.
dollars and are exclusive of all sales, use, value added and
similar taxes, duties, withholdings and other governmental
assessments (but excluding taxes based on Redpanda Data’s income)
that may be levied on the transactions contemplated by this
Agreement in any jurisdiction, all of which are Your
responsibility unless you have provided Redpanda Data with a valid
tax-exempt certificate.
3. **Record-keeping and Audit.** If fees for Redpanda Enterprise
Edition are based on the number of cores or servers running on
Redpanda Enterprise Edition or another use-based unit of
measurement, You must maintain complete and accurate records
with respect Your use of Redpanda Enterprise Edition and will
provide such records to Redpanda Data for inspection or audit upon
Redpanda Data’s reasonable request. If an inspection or audit
uncovers additional usage by You for which fees are owed under
this Agreement, then You shall pay for such additional usage at
Redpanda Data’s then-current rates.
5. **<span class="smallcaps">Trial License.</span>** If You have signed
up for a trial or evaluation of Redpanda Enterprise Edition, Your
License to Redpanda Enterprise Edition is granted without charge for
the trial or evaluation period specified when You signed up, or if
no term was specified, for thirty (30) calendar days, provided that
Your License is granted solely for purposes of Your internal
evaluation of Redpanda Enterprise Edition during the trial or
evaluation period (a “Trial License”). You may not use Redpanda
Enterprise Edition under a Trial License more than once in any
twelve (12) month period. Redpanda Data may revoke a Trial License at
any time and for any reason. Sections 3, 4, 9 and 11 of this
Agreement do not apply to Trial Licenses.
6. **<span class="smallcaps">Redistribution.</span>** You may reproduce
and distribute copies of the Work or Derivative Works thereof in any
medium, with or without modifications, and in Source or Object form,
provided that You meet the following conditions:
1. You must give any other recipients of the Work or Derivative
Works a copy of this License; and
2. You must cause any modified files to carry prominent notices
stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that
You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work, excluding
those notices that do not pertain to any part of the Derivative
Works; and
4. If the Work includes a “NOTICE” text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one of
the following places: within a NOTICE text file distributed as
part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and do
not modify the License. You may add Your own attribution notices
within Derivative Works that You distribute, alongside or as an
addendum to the NOTICE text from the Work, provided that such
additional attribution notices cannot be construed as modifying
the License.
5. You may add Your own copyright statement to Your modifications
and may provide additional or different license terms and
conditions for use, reproduction, or distribution of Your
modifications, or for any such Derivative Works as a whole,
provided Your use, reproduction, and distribution of the Work
otherwise complies with the conditions stated in this License.
6. **Enterprise Derivative Works.** Derivative Works of Redpanda
Enterprise Edition (“Enterprise Derivative Works”) may be made,
reproduced and distributed in any medium, with or without
modifications, in Source or Object form, provided that each
Enterprise Derivative Work will be considered to include a
License to Redpanda Enterprise Edition and thus will be subject
to the payment of fees to Redpanda Data by any user of the
Enterprise Derivative Work.
7. **<span class="smallcaps">Submission of Contributions.</span>**
Unless You explicitly state otherwise, any Contribution
intentionally submitted for inclusion in Redpanda by You to
Redpanda Data shall be under the terms and conditions of
[https://cla-assistant.io/redpanda-data/redpanda] (which is based off of the
Apache License), without any additional terms or conditions,
payments of royalties or otherwise to Your benefit. Notwithstanding
the above, nothing herein shall supersede or modify the terms of any
separate license agreement You may have executed with Redpanda Data
regarding such Contributions.
8. **<span class="smallcaps">Trademarks.</span>** This License does not
grant permission to use the trade names, trademarks, service marks,
or product names of Licensor, except as required for reasonable and
customary use in describing the origin of the Work and reproducing
the content of the NOTICE file.
9. **<span class="smallcaps">Limited Warranty.</span>**
1. **Warranties.** Redpanda Data warrants to You that: (i) Redpanda
Enterprise Edition will materially perform in accordance with
the applicable documentation for ninety (90) days after initial
delivery to You; and (ii) any professional services performed by
Redpanda Data under this Agreement will be performed in a
workmanlike manner, in accordance with general industry
standards.
2. **Exclusions.** Redpanda Data’s warranties in this Section 9 do not
extend to problems that result from: (i) Your failure to
implement updates issued by Redpanda Data during the warranty
period; (ii) any alterations or additions (including Enterprise
Derivative Works and Contributions) to Redpanda not performed by
or at the direction of Redpanda Data; (iii) failures that are not
reproducible by Redpanda Data; (iv) operation of Redpanda
Enterprise Edition in violation of this Agreement or not in
accordance with its documentation; (v) failures caused by
software, hardware or products not licensed or provided by
Redpanda Data hereunder; or (vi) Third Party Works.
3. **Remedies.** In the event of a breach of a warranty under this
Section 9, Redpanda Data will, at its discretion and cost, either
repair, replace or re-perform the applicable Works or services
or refund a portion of fees previously paid to Redpanda Data that
are associated with the defective Works or services. This is
Your exclusive remedy, and Redpanda Data’s sole liability, arising
in connection with the limited warranties herein.
10. **<span class="smallcaps">Disclaimer of Warranty.</span>** EXCEPT AS
SET OUT IN SECTION 9, UNLESS REQUIRED BY APPLICABLE LAW, LICENSOR
PROVIDES THE WORK (AND EACH CONTRIBUTOR PROVIDES ITS CONTRIBUTIONS)
ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, ARISING OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE IN TRADE, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, CORRECTNESS, RELIABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. YOU ARE
SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR
REDISTRIBUTING WORKS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR
EXERCISE OF PERMISSIONS UNDER THE APPLICABLE LICENSE FOR SUCH WORKS.
11. **<span class="smallcaps">Limited Indemnity.</span>**
1. **Indemnity.** Redpanda Data will defend, indemnify and hold You
harmless against any third party claims, liabilities or expenses
incurred (including reasonable attorneys’ fees), as well as
amounts finally awarded in a settlement or a non-appealable
judgement by a court (“Losses”), to the extent arising from any
claim or allegation by a third party that Redpanda Enterprise
Edition infringes or misappropriates a valid United States
patent, copyright or trade secret right of a third party;
provided that You give Redpanda Data: (i) prompt written notice of
any such claim or allegation; (ii) sole control of the defense
and settlement thereof; and (iii) reasonable cooperation and
assistance in such defense or settlement. If any Work within
Redpanda Enterprise Edition becomes or, in Redpanda Data’s opinion,
is likely to become, the subject of an injunction, Redpanda Data
may, at its option, (A) procure for You the right to continue
using such Work, (B) replace or modify such Work so that it
becomes non-infringing without substantially compromising its
functionality, or, if (A) and (B) are not commercially
practicable, then (C) terminate Your license to the allegedly
infringing Work and refund to You a prorated portion of the
prepaid and unearned fees for such infringing Work. The
foregoing states the entire liability of Redpanda Data with respect
to infringement of patents, copyrights, trade secrets or other
intellectual property rights.
2. **Exclusions.** The foregoing obligations shall not apply
to: (i) Works modified by any party other than Redpanda Data
(including Enterprise Derivative Works and Contributions), if
the alleged infringement relates to such modification, (ii)
Works combined or bundled with any products, processes or
materials not provided by Redpanda Data where the alleged
infringement relates to such combination, (iii) use of a version
of Redpanda Enterprise Edition other than the version that was
current at the time of such use, as long as a non-infringing
version had been released, (iv) any Works created to Your
specifications, (v) infringement or misappropriation of any
proprietary right in which You have an interest, or (vi) Third
Party Works. You will defend, indemnify and hold Redpanda Data
harmless against any Losses arising from any such claim or
allegation, subject to conditions reciprocal to those in Section
11(a).
12. **<span class="smallcaps">Limitation of Liability.</span>** In no
event and under no legal or equitable theory, whether in tort
(including negligence), contract, or otherwise, unless required by
applicable law (such as deliberate and grossly negligent acts), and
notwithstanding anything in this Agreement to the contrary, shall
Licensor or any Contributor be liable to You for (i) any amounts in
excess, in the aggregate, of the fees paid by You to Redpanda Data
under this Agreement in the twelve (12) months preceding the date
the first cause of liability arose), or (ii) any indirect, special,
incidental, punitive, exemplary, reliance, or consequential damages
of any character arising as a result of this Agreement or out of the
use or inability to use the Work (including but not limited to
damages for loss of goodwill, profits, data or data use, work
stoppage, computer failure or malfunction, cost of procurement of
substitute goods, technology or services, or any and all other
commercial damages or losses), even if such Licensor or Contributor
has been advised of the possibility of such damages. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
13. **<span class="smallcaps">Accepting Warranty or Additional
Liability.</span>** While redistributing Works or Derivative Works
thereof, and without limiting your obligations under Section 6, You
may choose to offer, and charge a fee for, acceptance of support,
warranty, indemnity, or other liability obligations and/or rights
consistent with this License. However, in accepting such
obligations, You may act only on Your own behalf and on Your sole
responsibility, not on behalf of any other Contributor, and only if
You agree to indemnify, defend, and hold Redpanda Data and each other
Contributor harmless for any liability incurred by, or claims
asserted against, such Contributor by reason of your accepting any
such warranty or additional liability.
14. **<span class="smallcaps">General.</span>**
1. **Relationship of Parties.** You and Redpanda Data are independent
contractors, and nothing herein shall be deemed to constitute
either party as the agent or representative of the other or both
parties as joint venturers or partners for any purpose.
2. **Export Control.** You shall comply with the U.S. Foreign
Corrupt Practices Act and all applicable export laws,
restrictions and regulations of the U.S. Department of Commerce,
and any other applicable U.S. and foreign authority.
3. **Assignment.** This Agreement and the rights and obligations
herein may not be assigned or transferred, in whole or in part,
by You without the prior written consent of Redpanda Data. Any
assignment in violation of this provision is void. This
Agreement shall be binding upon, and inure to the benefit of,
the successors and permitted assigns of the parties.
4. **Governing Law.** This Agreement shall be governed by and
construed under the laws of the State of California and the
United States without regard to conflicts of laws provisions
thereof, and without regard to the Uniform Computer Information
Transactions Act.
5. **Attorneys’ Fees.** In any action or proceeding to enforce
rights under this Agreement, the prevailing party shall be
entitled to recover its costs, expenses and attorneys’ fees.
6. **Severability.** If any provision of this Agreement is held to
be invalid, illegal or unenforceable in any respect, that
provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement otherwise remains in full force
and effect and enforceable.
7. **Entire Agreement; Waivers; Modification.** This Agreement
constitutes the entire agreement between the parties relating to
the subject matter hereof and supersedes all proposals,
understandings, or discussions, whether written or oral,
relating to the subject matter of this Agreement and all past
dealing or industry custom. The failure of either party to
enforce its rights under this Agreement at any time for any
period shall not be construed as a waiver of such rights. No
changes, modifications or waivers to this Agreement will be
effective unless in writing and signed by both parties.
Permission is granted to anyone to use this software for any
purpose on any computer system, and to redistribute it freely,
subject to the following restrictions:
1. The author is not responsible for the consequences of use of
this software, no matter how awful, even if they arise
from defects in it.
2. The origin of this software must not be misrepresented, either
by explicit claim or by omission.
3. Altered versions must be plainly marked as such, and must not
be misrepresented as being the original software.
This program is freely distributable per the following license:
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appears in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation.
I DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL I
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE.
A copyright notice accompanies this license document that identifies the copyright
holders.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
Redistributions in source code must retain the accompanying
copyright notice, this list of conditions, and the following
disclaimer.
Redistributions in binary form must reproduce the accompanying
copyright notice, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
Names of the copyright holders must not be used to endorse or
promote products derived from this software without prior
written permission from the copyright holders.
If any files are modified, you must cause the modified files to
carry prominent notices stating that you changed the files and
the date of any change.
Disclaimer
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Research Software Disclaimer
As unestablished, research software, this program is provided free of charge on an "as is" basis without warranty of any kind, either express or implied. Acceptance and use of this program constitutes the user's understanding that (s)he will have no recourse for any actual or consequential damages, including, but not limited to, lost profits or savings, arising out of the use of or inability to use this program.
User Agreement
By acceptance and user of this experimental system, the user agrees to the following:
This program is provided free of charge for the user's personal, non-commercial, educational or experimental use.
All title, ownership and rights to this program and any copies remain with the copyright holder, irrespective of the ownership of the media on which the program resides.
The user is permitted to create derivative works to this program. However, all copies of the program and its derivative works must contain the Minibase copyright notice, the unestablished software disclaimer and this user agreement.
The user understands and agrees that this program and any derivative works are to be used solely for experimental purposes and are not to be sold or commercially exploited in any manner without express written permission.
Responsible AI SOURCE CODE License
Version 1.0, February 12, 2019
http://licenses.ai/
TERMS AND CONDITIONS.
The Responsible Artificial Intelligence Source Code License (“License”) governs the use of the accompanying software. If you access or use the software, you accept the License. If you do not accept the License, do not access or use the software.
1. Definitions.
As used in this License, the following capitalized terms have the following meanings:
(i) "License" means the terms and conditions for use, reproduction, and distribution as defined by Sections one (1) through eight (8) of this document.
(ii) "Licensor" means the copyright owner or legal entity authorized by the copyright owner that is granting the License.
(iii) "You" (or "Your") means an individual or legal entity exercising permissions granted by this License.
(iv) The terms “reproduce”, “reproduction”, “derivative works”, and “distribution” have the same meaning here as under U.S. Copyright Law.
(v) “Contribution” means the original software, additions to the original software, modifications to the original software, or derivative works of the original software.
(vi) "Contributor" means any person or Licensor who provides a Contribution.
2. Grant of Rights.
Subject to this License, each Contributor grants You a non-exclusive, worldwide, royalty-free copyright license to reproduce its Contribution, prepare derivative works of its Contribution, and distribute its Contribution or any derivative works of its Contribution that You create.
3. Restrictions.
1. If You distribute any portion of the Contribution, You must include a complete copy of this License with the distribution; and
2. You agree that the Contribution, or any derivative work of the Contribution, will not be used by You or any third party subject to Your control, to:
1. Surveillance
i. Detect or infer any legally protected class or aspect of any person, as defined by U.S. Federal Law; and
ii. Detect or infer aspects and/or features of an identity any person, such as name, family name, address, gender, sexual orientation, race, religion, age, location (at any geographical level), skin color, society or political affiliations, employment status and/or employment history, and health and medical conditions. Age and medical conditions may be inferred solely for the purpose of improving software/hardware accessibility and such data should not be cached or stored without the explicit and time limited permission of Licensor
2. Computer Generated Media
i. Synthesize and/or modify audio-realistic and/or video-realistic representations (indistinguishable from photo/video recordings) of people and events, without including a caption, watermark, and/or metadata file indicating that the audio-realistic and/or video-realistic representations were generated using the Contribution.
3. Health Care
i. Predict the likelihood that any person will request to file an insurance claim;
ii. Determine an insurance premium or deny insurance applications or claims;
iii. Predict the likelihood that any person request to file an insurance claim based on determining a lifestyle of a person, medical-test reports, demographic details of a person and/or online activity of a person;
iv. Determine an insurance premium or deny insurance applications or claims based on data determining a lifestyle of a person, medical-test reports, demographic details of a person, and/or online activity of a person;
v. Deny an insurance claim based on any predicted likelihood of the possibility of insurance fraud; and
vi. Diagnose a medical condition without human oversight.
4. Criminal
i. Predict the likelihood that a crime will be committed by any person;
ii. Predict the likelihood, of any person, being a criminal or having committed a crime;
iii. Predict the likelihood, of any person, being a criminal, based on the person’s facial attributes or another person’s facial attributes;
iv. Predict the likelihood, of any person, having committed a crime, based on the person’s facial attributes or another person’s facial attributes;
v. Predict the likelihood that a crime will be committed by any person, based on the person’s facial attributes or another person’s facial attributes;
vi. Predict a likelihood of a crime being committed by any person, based on evidence collected, facial and emotion analysis, or other such features
vii. Use personal data and/or personal characteristics or features such as: name, family name, address, gender, sexual orientation, race, religion, age, location (at any geographical level), skin color, society or political affiliations, employment status and/or history, health and medical conditions (including physical, mental), family history, social media and publicly available data, image or video analysis of an individual or a group(s) of individuals, heart-rate, perspiration, breathing, and brain imaging and other metabolic data to predict the likelihood a person will engage in criminal behavior; and
viii. Predict the likelihood of a person being a criminal based on the person or other User’s facial attributes.
4. Termination
Upon the occurrence of any of the restricted uses listed above in “3. Restrictions”, Licensor shall have the right to:
(i) terminate this License Agreement and disable any Contribution either by pre-installed or then installed disabling instructions, and to take immediate possession of the Contribution and all copies wherever located, without demand or notice;
(ii) require You to immediately return to Licensor all copies of the Contribution, or upon request by Licensor destroy the Contribution and all copies and certify in writing that they have been destroyed;
(iii) for a period of 1 year, provide a prominent notice on the Licensor’s website indicating that this License was violated by the Licensor;
(iv) release/delete any and all data collected through use of the Contribution; and
(v) notify all parties affected by use of the Contribution.
Termination of this License Agreement shall be in addition to and not in lieu of any other remedies available to Licensor. Licensor expressly reserves the right to pursue all legal and equitable remedies available under the law.
5. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides any Contribution (and each Contributor provides its Contributions) on an "As-Is" basis, without WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing a Contribution and assume any risks associated with Your exercise of permissions under this License.
6. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use any Contribution (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
7. Accepting Warranty or Additional Liability.
While redistributing the Contribution, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Responsible AI SOURCE CODE License
Version 1.1, Nov 20, 2022
http://licenses.ai/
TERMS AND CONDITIONS.
The Responsible Artificial Intelligence Source Code License (“License”) governs the use of the accompanying software. If you access or use the software, you accept the License. If you do not accept the License, do not access or use the software.
1. Definitions.
As used in this License, the following capitalized terms have the following meanings:
(i) "License" means the terms and conditions for use, reproduction, and distribution as defined by Sections one (1) through eight (8) of this document.
(ii) "Licensor" means the copyright owner or legal entity authorized by the copyright owner that is granting the License.
(iii) "You" (or "Your") means an individual or legal entity exercising permissions granted by this License.
(iv) The terms “reproduce”, “reproduction”, “derivative works”, and “distribution” have the same meaning here as under U.S. Copyright Law.
(v) “Contribution” means the original software, additions to the original software, modifications to the original software, or derivative works of the original software.
(vi) "Contributor" means any person or Licensor who provides a Contribution.
2. Grant of Rights.
Subject to this License, each Contributor grants You a non-exclusive, worldwide, royalty-free copyright license to reproduce its Contribution, prepare derivative works of its Contribution, and distribute its Contribution or any derivative works of its Contribution that You create.
3. Restrictions.
1. If You distribute any portion of the Contribution, You must include a complete copy of this License with the distribution; and
2. You agree that the Contribution, or any derivative work of the Contribution, will not be used by You or any third party subject to Your control, to:
a. Surveillance
i. Detect or infer any legally protected class or aspect of any person, as defined by U.S. Federal Law; and
ii. Detect or infer aspects and/or features of an identity any person, such as name, family name, address, gender, sexual orientation, race, religion, age, location (at any geographical level), skin color, society or political affiliations, employment status and/or employment history, and health and medical conditions. Age and medical conditions may be inferred solely for the purpose of improving software/hardware accessibility and such data should not be cached or stored without the explicit and time limited permission of Licensor
b. Computer Generated Media
i. Synthesize and/or modify audio-realistic and/or video-realistic representations (indistinguishable from photo/video recordings) of people and events, without including a caption, watermark, and/or metadata file indicating that the audio-realistic and/or video-realistic representations were generated using the Contribution.
c. Health Care
i. Predict the likelihood that any person will request to file an insurance claim;
ii. Determine an insurance premium or deny insurance applications or claims;
iii. Predict the likelihood that any person request to file an insurance claim based on determining a lifestyle of a person, medical-test reports, demographic details of a person and/or online activity of a person;
iv. Determine an insurance premium or deny insurance applications or claims based on data determining a lifestyle of a person, medical-test reports, demographic details of a person, and/or online activity of a person;
v. Deny an insurance claim based on any predicted likelihood of the possibility of insurance fraud; and
vi. Diagnose a medical condition without human oversight.
d. Criminal
i. Predict the likelihood that a crime will be committed by any person;
ii. Predict the likelihood, of any person, being a criminal or having committed a crime;
iii. Predict the likelihood, of any person, being a criminal, based on the person’s facial attributes or another person’s facial attributes;
iv. Predict the likelihood, of any person, having committed a crime, based on the person’s facial attributes or another person’s facial attributes;
v. Predict the likelihood that a crime will be committed by any person, based on the person’s facial attributes or another person’s facial attributes;
vi. Predict a likelihood of a crime being committed by any person, based on evidence collected, facial and emotion analysis, or other such features
vii. Use personal data and/or personal characteristics or features such as: name, family name, address, gender, sexual orientation, race, religion, age, location (at any geographical level), skin color, society or political affiliations, employment status and/or history, health and medical conditions (including physical, mental), family history, social media and publicly available data, image or video analysis of an individual or a group(s) of individuals, heart-rate, perspiration, breathing, and brain imaging and other metabolic data to predict the likelihood a person will engage in criminal behavior; and
viii. Predict the likelihood of a person being a criminal based on the person or other User’s facial attributes.
3. Restrictions referenced in Section 3.2 MUST be included as an enforceable provision by You in any type of legal agreement governing the use and/or distribution of the Work or any Derivative Works, and You shall give notice to subsequent users You Distribute to, that the Work or any Derivative Works are subject to Section 3.2. You shall require all of Your users who use the Work or any Derivative Works to comply with the terms of Section 3.2.
4. Termination
Upon the occurrence of any of the restricted uses listed above in “3. Restrictions”, Licensor shall have the right to:
(i) terminate this License Agreement and disable any Contribution either by pre-installed or then installed disabling instructions, and to take immediate possession of the Contribution and all copies wherever located, without demand or notice;
(ii) require You to immediately return to Licensor all copies of the Contribution, or upon request by Licensor destroy the Contribution and all copies and certify in writing that they have been destroyed;
(iii) for a period of 1 year, provide a prominent notice on the Licensor’s website indicating that this License was violated by the Licensor;
(iv) release/delete any and all data collected through use of the Contribution; and
(v) notify all parties affected by use of the Contribution.
Termination of this License Agreement shall be in addition to and not in lieu of any other remedies available to Licensor. Licensor expressly reserves the right to pursue all legal and equitable remedies available under the law.
5. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides any Contribution (and each Contributor provides its Contributions) on an "As-Is" basis, without WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing a Contribution and assume any risks associated with Your exercise of permissions under this License.
6. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use any Contribution (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
7. Accepting Warranty or Additional Liability.
While redistributing the Contribution, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Maxim Godzi Retentioneering Tools Software Non-Exclusive License
Upon execution of this Agreement by the party identified below ("Licensee"), Maxim Godzi ("Retentioneering Team"), will provide the Retentioneering Tools Software ("Retentioneering Tools") in Source Code form ("Software") or Python Package Source Code to Licensee, subject to the following terms and conditions. Source code consists of a set of files which contain the actual program commands that may be interpreted by Python and/or Javascript.
The Software is intellectual property owned by Retentioneering Team, and all right, title and interest, including copyright, remain with Retentioneering Team. Retentioneering Team grants, and Licensee hereby accepts, a restricted, non-exclusive, non-transferable license to use the Software for academic, research and internal business purposes only, but not for commercial use for third parties (see Clause 7 below), without contacting Retentioneering Team.
Licensee may, at its own expense, create and freely distribute complimentary works that interoperate with the Software, directing others to the Retentioneering Team by providing Retentioneering Team Github pages (https://github.com/retentioneering/retentioneering-tools) and email Retentioneering@gmail.com to license and obtain the Software itself. Licensee may, at its own expense, modify the Software to make derivative works. Except as explicitly provided below, this License shall apply to any derivative work as it does to the original Software distributed by Retentioneering Team. Any derivative work should be clearly marked and renamed to notify users that it is a modified version and not the original Software distributed by Retentioneering Team.
Licensee agrees to reproduce the copyright notice and other proprietary markings on any derivative work and to include in the documentation of such work the acknowledgement:
"This software includes code developed by Maxim Godzi and Retentioneering Team."
Licensee may redistribute without restriction works with up to 1/2 of their non-comment source code derived from at most 1/10 of the non-comment source code developed by Retentioneering Team and contained in the Software, provided that the above directions for notice and acknowledgement are observed. Any other distribution of the Software or any derivative work requires a separate license with Retentioneering Team. Licensee may contact Retentioneering Team (retentioneering@gmail.com) to negotiate an appropriate license for such distribution.
Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED "AS IS" AND RETENTIONEERING TEAM MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED MATERIALS.
Licensee understands the Software is proprietary to Retentioneering Team. Licensee
agrees to take all reasonable steps to insure that the Software is
protected and secured from unauthorized disclosure, use, or release and
will treat it with at least the same level of care as Licensee would use to
protect and secure its own proprietary computer programs and/or information, but using no less than a reasonable standard of care. Licensee agrees to provide the Software only to any other person or entity who has registered with Retentioneering Team. If licensee is not registering as an individual but as an institution or corporation each member of the institution or corporation who has access to or uses Software must agree to and abide by the terms of this license. If Licensee becomes aware of any unauthorized licensing, copying or use of the Software, Licensee shall promptly notify Retentioneering Team in writing. Licensee expressly agrees to use the Software only in the manner and for the specific uses authorized in this Agreement.
By using or copying this Software, Licensee agrees to abide by the
copyright law and all other applicable laws of the U.S. including, but not
limited to, export control laws and the terms of this license. Retentioneering Team
shall have the right to terminate this license immediately by written
notice upon Licensee's breach of, or non-compliance with, any terms of the license. Licensee may be held legally responsible for any
copyright infringement that is caused or encouraged by its failure to
abide by the terms of this license. Upon termination, Licensee agrees to
destroy all copies of the Software in its possession and to verify such
destruction in writing.
The user agrees that any reports, internal reports, presentations, articles, journal papers, drafts, preprints, website materials or any other published results obtained with
the Software will acknowledge its use by the appropriate citation as
follows:
"Results were obtained with Retentioneering Tools, developed by Maxim Godzi and Retentioneering Team"
Any published work which utilizes Software shall include the following reference:
"Retentioneering Tools Gitghub page: https://github.com/retentioneering/retentioneering-tools"
Electronic documents will include a direct link to the Retentioneering Tools Gitghub page: https://github.com/retentioneering/retentioneering-tools
Retentioneering Team grants non-exclusive non-transferable license to use the Software for internal business purposes only. Commercial use of the Software in a services provided to third parties REQUIRES A COMMERCIAL LICENSE. Should Licensee wish to make commercial use of the Software, Licensee will contact Retentioneering Team (retentioneering@gmail.com) to negotiate an appropriate license for such use. Commercial use includes: (1) integration of all or part of the Software into a product for sale, lease or license by or on behalf of Licensee to third parties, or (2) distribution of the Software to third parties that need it to commercialize product sold or licensed by or on behalf of Licensee.
Watermarks. Licensee is not allowed to remove any watermarks or Retentioneering copyright marks and logos from images and visual material obtained with the Software.
Retentioneering Tools is being distributed as a research and teaching tool and as
such, Retentioneering Team encourages contributions from users of the code that might, at
Retentioneering Team ' sole discretion, be used or incorporated to make the basic
operating framework of the Software a more stable, flexible, and/or useful
product. Licensees who contribute their code to become an internal
portion of the Software agree that such code may be distributed by
Retentioneering Team under the terms of this License.
UNDERSTOOD AND AGREED.
Contact Information:
The best contact path for licensing issues is by e-mail to
retentioneering@gmail.com
Retype Software License Agreement
Version 3.7.0
THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN RETYPE, INC. ("We," "Us")
AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You",
"Your") IN RELATION TO THE RETYPE SOFTWARE LIBRARY(IES) (THE "Software"), IN BOTH SOURCE AND OBJECT
CODE FORM, AND/OR ALL RELATED MATERIALS.
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS
AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT,
DO NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY
PORTION THEREOF AS YOU HAVE NO RIGHTS TO DO SO. THE SOFTWARE IS PROTECTED BY UNITED STATES
COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND
TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS AND RESTRICTIONS WITH RESPECT TO THE SOFTWARE AND
ITS COMPONENTS.
## 1. DEFINITIONS
"Application" means any software, application, or elements that Your Designated Users develop using
the Software or Modifications in accordance with this Agreement; provided that any such Application
(i) must have substantially different functionality than the Software, and (ii) must not allow any
third party to use the Software or Modifications, or any portion thereof, for software development
or application development purposes.
"Designated User" shall mean a single distinct person for whom You have purchased a license to use
the Software, whether such person is an employee acting within the scope of their employment with
You or Your consultant or contractor acting within the scope of the services they provide for You.
A Designated User can be replaced with a new Designated User only after being a Designated User
for a minimum of six (6) months.
"End User" means an end user of Your Application who acquires a license to such solely for their
own internal use and not for distribution, resale, user interface design, or software development
purposes.
"Modification" means: a) any addition to or deletion from the contents of a file included in the
original Software or previous Modifications created by You, and/or b) any new file that leverages
any part of the original Software or previous Modifications.
"Sample Code" means sample source code included with the Software and designated as "sample code,"
"samples," "sample application code," and/or "snippets," and/or found in directories labeled
"samples", "learn", "docs", "examples" or "examples explorer".
## 2. LICENSE GRANT
Subject to the payment of the fee required, and subject to your compliance with all of the terms
and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and
non-sublicensable license (i) for Designated User(s) to use the Software to create Modifications
and Applications; (ii) for You to distribute the Software and/or Modifications to End Users solely
as integrated into the Applications; and (iii) for End Users to use the Software as integrated into
Your Applications in accordance with the terms of this Agreement.
In addition to the other terms contained herein, We grant to You a revocable, non-exclusive,
non-transferable and non-sublicensable license to install and use the Software (the "Free License")
for Your internal evaluation, review, and production purposes. The Free License may contain
restricted functionality. You are explicitly not permitted to distribute the Software to any user
outside the Organization on whose behalf you have undertaken this license. We reserve the right to
terminate Your License at any time in Our absolute and sole discretion. Without the purchase and
inclusion of a key, the Software may contain restricted functionality, which from
time-to-time may differ in its limitations. If you wish to remove these restrictions, you are
required to purchase a Retype key; otherwise you must leave this limitation intact and not
attempt to modify or circumvent it in any way.
In addition to the other terms contained herein, in the event You have downloaded or received beta
or pre-release versions of the Software (the "Beta Software") from Us, We grant to You a revocable,
non-exclusive, non-transferable and non-sublicensable license to install and use the Beta Software
strictly for Your internal evaluation and review purposes and not for production purposes (the
"Beta License"). You are explicitly not permitted to distribute the Software to any user outside
the Organization on whose behalf you have undertaken this license. Your rights to use the Beta
Software will immediately terminate upon the earlier of (i) the expiration of the evaluation period
established by Us, or (ii) such time that You purchase a license to a non-evaluation version of the
Software. We reserve the right to terminate Your Beta License at any time in Our absolute and sole
discretion.
YOU ACKNOWLEDGE THAT TRIAL AND/OR BETA SOFTWARE MIGHT PLACE WATERMARKS ON OUTPUT, CONTAIN LIMITED
FUNCTIONALITY, FUNCTION FOR A LIMITED PERIOD OF TIME, OR LIMIT THE FUNCTIONALITY OR TIME OF
FUNCTIONING OF ANY OUTPUT. ACCESS TO AND/OR USE OF ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE
IS ENTIRELY AT YOUR OWN RISK. WE ARE LICENSING THE SOFTWARE ON AN "AS IS" BASIS AT YOUR OWN RISK
AND WE DISCLAIM ANY WARRANTY OR LIABILITY TO YOU OF ANY KIND.
You may modify the "Sample Code" solely for the purposes of designing, developing and testing Your
own Applications. However, You are permitted to use, copy and redistribute Your modified Sample
Code only if all of the following conditions are met: (a) You include Our copyright notice (if any)
with Your Application, including every location in which any other copyright notice appears in such
Application; and (b) You do not otherwise use Our name, logos or other of Our trademarks to market
Your Application, unless otherwise agree by Us in writing.
## 3. OWNERSHIP
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual
property rights inherent in or relating to the Software, which include, but are not limited to, all
copyright, patent rights, all rights in relation to registered and unregistered trademarks
(including service marks), confidential information (including trade secrets and know-how) and all
rights other than those expressly granted by this Agreement.
We may provide You with source code so that You can create Modifications and Applications. While You
retain all rights to any original work authored by You as part of the Modifications, We continue to
own all copyright and other intellectual property rights in the Software.
You must not remove, obscure or interfere with any copyright, acknowledgment, attribution,
trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in
connection with the Software.
## 4. PROHIBITED USES
You may not redistribute the Software or Modifications other than by including the Software or a
portion thereof within Your Application. You may not redistribute the Software or Modifications as
part of any Application that can be described as a development toolkit or library, an application
builder, a website builder, or any Application that is intended for use by software, application, or
website developers or designers. You may not redistribute any part of the Software documentation.
You may not change or remove the copyright notice from any of the files included in the Software or
Modifications.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE FOR AN APPLICATION THAT IS INTENDED FOR SOFTWARE OR
APPLICATION DEVELOPMENT PURPOSES.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODE
THEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY
THE SAME, FUNCTIONALITY AS THE SOFTWARE.
You are required to ensure that the Software is not reused by or with any applications other than
those with which You distribute it as permitted herein. For example, if You install the Software on
a customer's server, that customer is not permitted to use the Software independently of Your
Application, and must be informed as such.
## 5. TERMINATION
This Agreement and Your right to use the Software and Modifications will terminate immediately if
You fail to comply with any of the terms and conditions of this Agreement. Upon termination, You
agree to immediately cease using and destroy the Software or Modifications, including all
accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, and 11 will survive any
termination of this Agreement.
## 6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO
THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR THE CODE IT PRODUCES WILL
BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US
TO DO SO.
## 7. LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESELLERS BE LIABLE
UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR THE CODE IT PRODUCES OR ANY OTHER SUBJECT MATTER RELATING TO THIS
AGREEMENT, EVEN IF WE OR OUR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, OUR ENTIRE LIABILITY WITH RESPECT TO ANY SUBJECT MATTER RELATING TO THIS AGREEMENT SHALL BE
LIMITED TO THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR (II) ONE HUNDRED
DOLLARS ($100).
## 8. PAYMENT AND TAXES
If credit has been extended to You by Us, all payments under this Agreement are due within thirty
(30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall
be required to make payment concurrent with the delivery of the Software by Us. Any value added
tax, use tax, sales tax or similar tax ("Transaction Taxes") shall be your sole responsibility.
Each party shall pay all taxes (including, but not limited to, taxes based upon its income) or
levies imposed on it under applicable laws, regulations and tax treaties as a result of this
Agreement and any payments made hereunder (including those required to be withheld or deducted
from payments); provided that You shall be responsible for all Transactions Taxes and shall pay or
reimburse Us for the same upon invoice. Each party shall furnish evidence of such paid taxes as is
sufficient to enable the other party to obtain any credits available to it, including original
withholding tax certificates. Notwithstanding the foregoing, Software ordered through Our resellers
is subject to the fees and payment terms set forth on the applicable reseller invoice.
## 9. MISCELLANEOUS
The license granted herein applies only to the version of the Software available when purchased in
connection with the terms of this Agreement, and to any updates and/or upgrades to which you may be
entitled. Any previous or subsequent license granted to You for use of the Software shall be
governed by the terms and conditions of the agreement entered in connection with purchase or
download of that version of the Software. You agree that you will comply with all applicable laws
and regulations with respect to the Software, including without limitation all export and re-export
control laws and regulations.
While redistributing the Software or Modifications thereof as part of Your Application, You may
choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or
rights consistent with this Agreement. However, in accepting such obligations, You may act only on
Your own behalf and on Your sole responsibility, not on our behalf. You shall indemnify Us and our
resellers, or at Our option, defend Us and our resellers against any claim, suit or proceeding
brought against Us or our resellers (i) arising by reason of Your accepting any such support,
warranty, indemnity or additional liability; or (ii) arising out of the use, reproduction or
distribution of Your Application, except to the extent such claim is solely based on the inclusion
of the Software therein. Further, You agree only to distribute the Software pursuant to an
enforceable written agreement for Our benefit that includes all the limitations and restrictions of
this Agreement and is as protective of Us and Software as is this Agreement. For clarity, You must
purchase Designated User licenses for each contractor or consultant who uses the Software to create
an Application on your behalf (including system integrators), whether or not such contractor or
consultant has its own license to the Software.
You agree to be identified as a customer of ours and You agree that We may refer to You by name,
trade name and trademark, if applicable, and may briefly describe Your business in our marketing
materials and web site.
You may not assign or transfer this Agreement without Our prior written consent. This Agreement
may be assigned by Us in whole or part and will inure to the benefit of Our successors and
assigns. Notwithstanding the foregoing, in any instance in which You transfer ownership of an
Application on a work for hire basis, You may assign licenses for the total Designated Users that
have used the Software to develop said Application under this Agreement to another party (Assignee)
provided (i) you provide written notice to Us prior to the effective date of such assignment; and
(ii) there is a written agreement, wherein the Assignee accepts the terms of this Agreement. Upon
any such transfer, the Assignee may appoint new Designated Users.
You acknowledge that this Agreement is complete and is the exclusive representation of our
agreement. No oral or written information given by Us, Our resellers, or otherwise on Our behalf
shall create a warranty or collateral contract, or in any way increase the scope of this Agreement
in any way, and You may not rely on any such oral or written information. No term or condition
contained in any purchase order shall have any force or effect.
There are no implied licenses or other implied rights granted under this Agreement, and all rights,
save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no
licenses or immunities are granted to the combination of the Software and/or Modifications, as
applicable, with any other software or hardware not delivered by Us or Our resellers to You under
this Agreement. Your rights under this Agreement apply only to Software, Modifications, and/or
Applications for which all Designated Users are duly licensed hereunder.
If any provision in this Agreement shall be determined to be invalid, such provision shall be
deemed omitted; the remainder of this Agreement shall continue in full force and effect. If any
remedy provided is determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this Agreement shall remain in effect.
This Agreement may be modified only by a written instrument signed by an authorized representative
of each party. The failure of either party to enforce any provision of this Agreement may not be
deemed a waiver of that or any other provision of this Agreement.
This Agreement is governed by the law of the Province of Alberta, Canada and all parties
irrevocably submit to the jurisdiction of the courts of the Province of Alberta and further agree
to commence any litigation which may arise hereunder in the courts located in the judicial district
of Edmonton, Alberta, Canada.
If the Software or any related documentation is licensed to the U.S. Government or any agency
thereof, it will be considered to be "commercial computer software" or "commercial computer
software documentation," as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is
being licensed with only those rights as are granted to all other licensees as set forth in this
Agreement.
END USER LICENSE AGREEMENT
RED HAT APACHE-BASED
This end user license agreement (“EULA”) governs the use of any Red Hat software application that includes or refers to this license and any related updates, source code, appearance, structure and organization (the “Programs”), regardless of the delivery mechanism.
1. License Grant. Subject to the following terms, Red Hat, Inc. (“Red Hat”) grants to you a perpetual, worldwide license to the Programs (each of which may include multiple software components) pursuant to the Apache License v.2.0 (http://www.apache.org/licenses/LICENSE- 2.0.html). With the exception of certain image files identified in Section 2 below, each software component is governed by a license located in the software component’s source code that permits you to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component. This EULA pertains solely to the Programs and does not limit your rights under, or grant you rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Programs and each of their components are owned by Red Hat and other licensors and are protected under copyright law and other laws as applicable. Title to the Programs and any component, or to any copy or modification shall remain with Red Hat and other licensors, subject to the applicable license. The “Red Hat” mark, the individual Program marks, and the “Red Hat” logo are trademarks or registered trademarks of Red Hat and its affiliates in the U.S. and other countries. This EULA does not permit you to distribute the Programs using Red Hat's trademarks, regardless of whether the Programs have been modified. You may make a commercial redistribution of the Programs only if (a) permitted under a separate written agreement with Red Hat authorizing such commercial redistribution or (b) you remove and replace all occurrences of Red Hat trademarks and logos. Modifications to the software may corrupt the Programs. You should read the information found at http://www.redhat.com/about/corporate/trademark/ before distributing a copy of the Programs.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Red Hat, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed “as is” without warranty of any kind, express or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Red Hat warrants that the media on which the Programs and the components are provided will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to you. Neither Red Hat nor its affiliates warrant that the functions contained in the Programs will meet your requirements or that the operation of the Programs will be entirely error free, appear or perform precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases subscription services for the Programs from Red Hat and/or its affiliates or a Red Hat authorized distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, your exclusive remedy under this EULA is to return any defective media within 30 days of delivery along with a copy of your payment receipt and Red Hat, at its option, will replace it or refund the money you paid for the media. To the maximum extent permitted under applicable law, under no circumstances will Red Hat, its affiliates, any Red Hat authorized distributor, or the licensor of any component provided to you under this EULA be liable to you for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Red Hat, its affiliates, an authorized distributor, and/or licensor has been advised of the possibility of such damages. In no event shall Red Hat's or its affiliates’ liability, an authorized distributor’s liability or the liability of the licensor of a component provided to you under this EULA exceed the amount that you paid to Red Hat for the media under this EULA.
5. Export Control. You understand that countries, including the U.S., may restrict the import, use, export, re-export or transfer of encryption products and other controlled materials (which may include the Programs or related technical information licensed hereunder) (“Controlled Materials”). As required by U.S. law, you represent and warrant that you: (a) understand that certain of the Controlled Materials are of U.S. origin and subject to export controls under the U.S. Export Administration Regulations (the "EAR"); (b) are not located in (or owned or controlled by any person or entity located in) any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR; or by any person or entity listed on the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) list of Specially Designated Nationals and Blocked Persons (“SDNs”) (and are not 50% or more owned or controlled by any one or more persons or entities identified on the SDN list); (c) will not export, re-export or transfer the Controlled Materials to (1) any prohibited destination, (2) anyone who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government or (3) any end user who you know or have reason to know will use them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets, or unmanned air vehicle systems or any other prohibited use under the EAR; and (d) understand and agree that if you are in the United States and export, re-export or transfer the Controlled Materials to eligible end users, you will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the U.S. Commerce Department's Bureau of Industry and Security, that include the name and address (including country) of each transferee.
6. Third Party Software. The Programs may be provided with third party software that are not part of the Programs. These third party software are not required to run the Programs, are provided as a convenience to you, and are subject to their own license terms. The license terms either accompany the third party software or can be viewed at http://www.redhat.com/licenses/thirdparty/eula.html. If you do not agree to abide by the applicable license terms for the third party software, then you may not install them. If you wish to install the third party software on more than one system or transfer the third party software to another party, then you must contact the licensor of the applicable third party software.
7. General. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall not be affected. Any claim, controversy or dispute arising under or relating to this EULA shall be governed by the laws of the State of New York and of the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods.
Copyright © 2019 Red Hat, Inc. All rights reserved. The Program marks, “Red Hat” mark and the Red Hat logo are trademarks or registered trademarks of Red Hat, Inc. All other trademarks are the property of their respective owners.
Red Hat Apache-Based End User License Agreement November 18, 2019
END USER LICENSE AGREEMENT
RED HAT GPLv2-BASED
This end user license agreement (“EULA”) governs the use of any Red Hat software application that includes or refers to this license and any related updates, source code, appearance, structure and organization (the “Programs”), regardless of the delivery mechanism.
1. License Grant. Subject to the following terms, Red Hat, Inc. (“Red Hat”) grants to you a perpetual, worldwide license to the Programs (each of which may include multiple software components) pursuant to the GNU General Public License v.2 (https://www.gnu.org/licenses/old- licenses/gpl-2.0.en.html). With the exception of certain image files identified in Section 2 below, each software component is governed by a license located in the software component’s source code that permits you to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component. The license rights for the binary only firmware components are located with the components themselves. This EULA pertains solely to the Programs and does not limit your rights under, or grant you rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Programs and each of their components are owned by Red Hat and other licensors and are protected under copyright law and other laws as applicable. Title to the Programs and any component, or to any copy or modification shall remain with Red Hat and other licensors, subject to the applicable license. The “Red Hat” mark, the individual Program marks, and the “Red Hat” logo are trademarks or registered trademarks of Red Hat and its affiliates in the U.S. and other countries. This EULA does not permit you to distribute the Programs using Red Hat's trademarks, regardless of whether the Programs have been modified. You may make a commercial redistribution of the Programs only if (a) permitted under a separate written agreement with Red Hat authorizing such commercial redistribution or (b) you remove and replace all occurrences of Red Hat trademarks and logos. Modifications to the software may corrupt the Programs. You should read the information found at http://www.redhat.com/about/corporate/trademark/ before distributing a copy of the Programs.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Red Hat, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed “as is” without warranty of any kind, express or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Red Hat warrants that the media on which the Programs and the components are provided will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to you. Neither Red Hat nor its affiliates warrant that the functions contained in the Programs will meet your requirements or that the operation of the Programs will be entirely error free, appear or perform precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases subscription services for the Programs from Red Hat and/or its affiliates or a Red Hat authorized distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, your exclusive remedy under this EULA is to return any defective media within 30 days of delivery along with a copy of your payment receipt and Red Hat, at its option, will replace it or refund the money you paid for the media. To the maximum extent permitted under applicable law, under no circumstances will Red Hat, its affiliates, any Red Hat authorized distributor, or the licensor of any component provided to you under this EULA be liable to you for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Red Hat, its affiliates, an authorized distributor, and/or licensor has been advised of the possibility of such damages. In no event shall Red Hat's or its affiliates’ liability, an authorized distributor’s liability or the liability of the licensor of a component provided to you under this EULA exceed the amount that you paid to Red Hat for the media under this EULA.
5. Export Control. You understand that countries, including the U.S., may restrict the import, use, export, re-export or transfer of encryption products and other controlled materials (which may include the Programs or related technical information licensed hereunder) (“Controlled Materials”). As required by U.S. law, you represent and warrant that you: (a) understand that certain of the Controlled Materials are of U.S. origin and subject to export controls under the U.S. Export Administration Regulations (the "EAR"); (b) are not located in (or owned or controlled by any person or entity located in) any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR; or by any person or entity listed on the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) list of Specially Designated Nationals and Blocked Persons (“SDNs”) (and are not 50% or more owned or controlled by any one or more persons or entities identified on the SDN list); (c) will not export, re-export or transfer the Controlled Materials to (1) any prohibited destination, (2) anyone who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government or (3) any end user who you know or have reason to know will use them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, or sounding rockets, or unmanned air vehicle systems or any other prohibited use under the EAR; and (d) understand and agree that if you are in the United States and export, re-export or transfer the Controlled Materials to eligible end users, you will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the U.S. Commerce Department's Bureau of Industry and Security, that include the name and address (including country) of each transferee.
6. Third Party Software. The Programs may be provided with third party software that are not part of the Programs. These third party software are not required to run the Programs, are provided as a convenience to you, and are subject to their own license terms. The license terms either accompany the third party software or can be viewed at http://www.redhat.com/licenses/thirdparty/eula.html. If you do not agree to abide by the applicable license terms for the third party software, then you may not install them. If you wish to install the third party software on more than one system or transfer the third party software to another party, then you must contact the licensor of the applicable third party software.
7. General. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall not be affected. Any claim, controversy or dispute arising under or relating to this EULA shall be governed by the laws of the State of New York and of the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods.
Red Hat GPLv2-Based End User License Agreement November 18, 2019
Copyright © 2019 Red Hat, Inc. All rights reserved. The Program marks, “Red Hat” mark and the Red Hat logo are trademarks or registered trademarks of Red Hat, Inc. All other trademarks are the property of their respective owners.
This end user license agreement ("EULA") governs the use of the JBoss
Enterprise Middleware and any related updates, source code, appearance,
structure and organization (the "Programs"), regardless of the delivery
mechanism.
1. License Grant. Subject to the following terms, Red Hat, Inc. ("Red
Hat") grants to you a perpetual, worldwide license to the Programs (each
of which may include multiple software components) pursuant to the GNU
Lesser General Public License v. 2.1. With the exception of certain
image files identified in Section 2 below, each software component is
governed by a license that permits you to run, copy, modify, and
redistribute (subject to certain obligations in some cases) the software
component. This EULA pertains solely to the Programs and does not limit
your rights under, or grant you rights that supersede, the license terms
applicable to any particular component.
2. Intellectual Property Rights. The Programs and each of their
components are owned by Red Hat and other licensors and are protected
under copyright law and under other laws as applicable. Title to the
Programs and any component, or to any copy, modification, or merged
portion shall remain with Red Hat and other licensors, subject to the
applicable license. The "JBoss" trademark, "Red Hat" trademark, the
individual Program trademarks, and the "Shadowman" logo are registered
trademarks of Red Hat and its affiliates in the U.S. and other
countries. This EULA does not permit you to distribute the Programs
using Red Hat's trademarks, regardless of whether they have been
modified. You may make a commercial redistribution of the Programs only
if (a) permitted under a separate written agreement with Red Hat
authorizing such commercial redistribution or (b) you remove and
replaced all occurrences of Red Hat trademarks and logos. Modifications
to the software may corrupt the Programs. You should read the
information found at http://www.redhat.com/about/corporate/trademark/
before distributing a copy of the Programs.
3. Limited Warranty. Except as specifically stated in this Section 3, a
separate agreement with Red Hat, or a license for a particular
component, to the maximum extent permitted under applicable law, the
Programs and the components are provided and licensed "as is" without
warranty of any kind, expressed or implied, including the implied
warranties of merchantability, non-infringement or fitness for a
particular purpose. Red Hat warrants that the media on which the
Programs and the components are provided will be free from defects in
materials and manufacture under normal use for a period of 30 days from
the date of delivery to you. Neither Red Hat nor its affiliates warrant
that the functions contained in the Programs will meet your requirements
or that the operation of the Programs will be entirely error free,
appear or perform precisely as described in the accompanying
documentation, or comply with regulatory requirements. This warranty
extends only to the party that purchases subscription services for the
Programs from Red Hat and/or its affiliates or a Red Hat authorized
distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted
by applicable law, your exclusive remedy under this EULA is to return
any defective media within 30 days of delivery along with a copy of your
payment receipt and Red Hat, at its option, will replace it or refund
the money you paid for the media. To the maximum extent permitted under
applicable law, under no circumstances will Red Hat, its affiliates, any
Red Hat authorized distributor, or the licensor of any component
provided to you under this EULA be liable to you for any incidental or
consequential damages, including lost profits or lost savings arising
out of the use or inability to use the Programs or any component, even
if Red Hat, its affiliates, an authorized distributor, and/or licensor
has been advised of the possibility of such damages. In no event shall
Red Hat's or its affiliates’ liability, an authorized distributor’s
liability or the liability of the licensor of a component provided to
you under this EULA exceed the amount that you paid to Red Hat for the
media under this EULA.
5. Export Control. As required by the laws of the United States and
other countries, you represent and warrant that you: (a) understand that
the Programs and their components may be subject to export controls
under the U.S. Commerce Department’s Export Administration Regulations
("EAR"); (b) are not located in a prohibited destination country under
the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, North
Korea, Sudan and Syria, subject to change as posted by the United States
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Rice BSD Software License
Permits source and binary redistribution of the software ARPACK and
P_ARPACK for both non-commercial and commercial use.
Copyright (©) 2001, Rice University
Developed by D.C. Sorensen, R.B. Lehoucq, C. Yang, and K. Maschhoff.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
• Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
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documentation and/or other materials provided with the distribution.
• If you modify the source for these routines we ask that you change the
name of the routine and comment the changes made to the original.
• Written notification is provided to the developers of intent to use
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• Neither the name of Rice University (RICE) nor the names of its
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THIS SOFTWARE IS PROVIDED BY RICE AND CONTRIBUTORS "AS IS" AND ANY EXPRESS
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
This code is copyright 1993 Richard Black. All rights are reserved. You may use this code only if it includes a statement to that effect.
Ricoh Source Code Public License
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3.3. Description of Modifications. You must cause all Governed Code to which you contribute to contain a file documenting the changes You made to create that Governed Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by RSV and including the name of RSV in (a) the Source Code, and (b) in any notice in an Executable Code version or related documentation in which You describe the origin or ownership of the Governed Code.
3.4. Intellectual Property Matters.
3.4.1. Third Party Claims. If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying RSV and appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Governed Code that new knowledge has been obtained. In the event that You are a Contributor, You represent that, except as disclosed in the LEGAL file, your Modifications are your original creations and, to the best of your knowledge, no third party has any claim (including but not limited to intellectual property claims) relating to your Modifications. You represent that the LEGAL file includes complete details of any license or other restriction associated with any part of your Modifications.
3.4.2. Contributor APIs. If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Governed Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Governed Code. However, You may do so only on Your own behalf, and not on behalf of RSV or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify RSV and every Contributor for any liability incurred by RSV or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Code Versions. You may distribute Governed Code in Executable Code form only if the requirements of Section 3.1-3.5 have been met for that Governed Code, and if You include a prominent notice stating that the Source Code version of the Governed Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable Code version, related documentation or collateral in which You describe recipients' rights relating to the Governed Code. You may distribute the Executable Code version of Governed Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable Code version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable Code version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by RSV or any Contributor. You hereby agree to indemnify RSV and every Contributor for any liability incurred by RSV or such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Governed Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Governed Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of theterms of this License with respect to some or all of the Governed Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Trademark Usage.
5.1. Advertising Materials. All advertising materials mentioning features or use of the Governed Code must display the following acknowledgement: "This product includes software developed by Ricoh Silicon Valley, Inc."
5.2. Endorsements. The names "Ricoh," "Ricoh Silicon Valley," and "RSV" must not be used to endorse or promote Contributor Versions or Larger Works without the prior written permission of RSV.
5.3. Product Names. Contributor Versions and Larger Works may not be called "Ricoh" nor may the word "Ricoh" appear in their names without the prior written permission of RSV.
6. Versions of the License.
6.1. New Versions. RSV may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Governed Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Governed Code under the terms of any subsequent version of the License published by RSV. No one other than RSV has the right to modify the terms applicable to Governed Code created under this License.
7. Disclaimer of Warranty.
GOVERNED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE GOVERNED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RSV OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY GOVERNED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Termination.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Governed Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate patent infringement litigation against RSV or a Contributor (RSV or the Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Original Code or Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of the Original Code or the Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Original Code or the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device provided to You by the Participant, other than such Participant's Original Code or Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Original Code or the Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Original Code or Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL RSV, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO EVENT WILL RSVS LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED FIVE THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE OR MASS DESTRUCTION, AND YOU AGREE THAT NEITHER RSV NOR ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE GOVERNED CODE.
10. U.S. Government End Users.
The Governed Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Governed Code with only those rights set forth herein.
11. Miscellaneous.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. The parties submit to personal jurisdiction in California and further agree that any cause of action arising under or related to this Agreement shall be brought in the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California. The losing party shall be responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Notwithstanding anything to the contrary herein, RSV may seek injunctive relief related to a breach of this Agreement in any court of competent jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for Claims.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Governed Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
EXHIBIT A
"The contents of this file are subject to the Ricoh Source Code Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.risource.org/RPL
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
This code was initially developed by Ricoh Silicon Valley, Inc. Portions created by Ricoh Silicon Valley, Inc. are Copyright (C) 1995-1999. All Rights Reserved.
Contributor(s): ."
RIL (Rick's Internet Licence) 3-Clause License
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* If you use this and you meet mee in person you SHOULD offer me a drink and a meal.
Should you have come to my place and I've fed you before you can offer me anything you MUST
offer thanks. If you are a company using this and you have't paid for it you SHOULD tell me
how it has helped and the offer me a beer or scotch. If you have given this to your customers
you should offer me bottles or casks of very good spirits and a free place to stay for a week.
Rick Wesson reserves the right to ammend this contract in any fuckin state of mind.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
RIVERBANK COMPUTING LIMITED LICENSE AGREEMENT FOR SIP 4.9.2
1. This LICENSE AGREEMENT is between Riverbank Computing Limited
("Riverbank"), and the Individual or Organization ("Licensee") accessing
and otherwise using SIP 4.9.2 software in source or binary form and its
associated documentation. SIP 4.9.2 comprises a software tool for
generating Python bindings for software C and C++ libraries, and a Python
extension module used at runtime by those generated bindings.
2. Subject to the terms and conditions of this License Agreement, Riverbank
hereby grants Licensee a nonexclusive, royalty-free, world-wide license
to reproduce, analyze, test, perform and/or display publicly, prepare
derivative works, distribute, and otherwise use SIP 4.9.2 alone or in
any derivative version, provided, however, that Riverbank's License
Agreement and Riverbank's notice of copyright, e.g., "Copyright (c) 2009
Riverbank Computing Limited; All Rights Reserved" are retained in
SIP 4.9.2 alone or in any derivative version prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on
or incorporates SIP 4.9.2 or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to SIP 4.9.2.
4. Licensee may not use SIP 4.9.2 to generate Python bindings for any
C or C++ library for which bindings are already provided by Riverbank.
5. Riverbank is making SIP 4.9.2 available to Licensee on an "AS IS"
basis. RIVERBANK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, RIVERBANK MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF SIP 4.9.2 WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
6. RIVERBANK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF
SIP 4.9.2 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING SIP 4.9.2,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
7. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
8. Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between Riverbank
and Licensee. This License Agreement does not grant permission to use
Riverbank trademarks or trade name in a trademark sense to endorse or
promote products or services of Licensee, or any third party.
9. By copying, installing or otherwise using SIP 4.9.2, Licensee
agrees to be bound by the terms and conditions of this License Agreement.
This software is provided ``AS IS'' and any express or implied
warranties, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose, are disclaimed.
In no event shall the authors be liable for any direct, indirect,
incidental, special, exemplary, or consequential damages (including, but
not limited to, procurement of substitute goods or services; loss of use,
data, or profits; or business interruption) however caused and on any
theory of liability, whether in contract, strict liability, or tort
(including negligence or otherwise) arising in any way out of the use of
this software, even if advised of the possibility of such damage.
No part of this work may be reproduced, modified, distributed, transmitted,
transcribed, or translated into any language or computer format, in any form
or by any means without written permission of:
Fuzhou Rockchip Electronics Co.Ltd .
The material in this file is confidential and contains trade secrets
of Rockchip Corporation. This is proprietary information owned by
Rockchip Corporation. No part of this work may be disclosed,
reproduced, copied, transmitted, or used in any way for any purpose,
without the express written permission of Rockchip Corporation.
BY DOWNLOADING, COPYING, SAVING OR OTHERWISE USING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU AGREE THE SOFTWARE RECEIVED FROM ROCKCHIP IS PROVIDED TO
YOU ON AN "AS IS" BASIS and ROCKCHP DISCLAIMS ANY AND ALL WARRANTIES AND
REPRESENTATIONS WITH RESPECT TO SUCH SOFTWARE, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTROY QUALITY, ACCURACY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ROCKCHIP BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Rockchip hereby grants to you a non-exclusive license (a) to use, copy,
distribute the Software; (b) to modify any source code as part of Software(if
any) and sublicense, distribute such modifications.
Except as expressively authorized by Rockchip in writing, you may NOT:
(a) decompile, reverse-engineer, dissemble, or attempt to derive any source
code from the Software;
(b) remove or obscure any copyright, patent, or trademark statement or notices
contained in the Software.
Rocket Software
Master Terms and Conditions
Rocket Software, Inc. or its subsidiary designated on an Order Form ("Rocket")
provides software Products and related Services according to these Software
License and Services Terms ("Terms"). By executing an Order Form dated on or
after the date of these Terms, Customer agrees, for itself and its majority
owned subsidiaries, these Terms apply to the first Order Form Customer executes
(together, the "Agreement") each Order Form thereafter, Customer's rights and
obligations, and previously purchased Products and Services. Each Order Form is
a separate contract incorporating these Terms and are the entire terms governing
Customer's purchase of Products and/or Services. The parties agree that they may
do business electronically, including contract formation, order placement and
acceptance. An order Customer places and Rocket accepts on any Rocket website
will create fully enforceable obligations subject to these Terms.
A. GENERAL TERMS
1. INTELLECTUAL PROPERTY OWNERSHIP
Rocket, its affiliates or licensors own and retain all right, title and interest
in all Intellectual Property in Products, Services, Deliverables, Documentation,
(except as otherwise specified herein), developments, research data, designs,
layout, methodologies, processes and procedures, models, formulae, documents,
drawings, plans, specifications and other Rocket information, proprietary
materials and all derivative works. To the extent that any right, title or
interest in or to any Rocket's Intellectual Property may not automatically vest
in Rocket by operation of law, Customer irrevocably transfers, assigns and
conveys all right, title, and interest therein to Rocket. At Rocket's request
and expense Customer will promptly take any action and execute any documents
necessary to vest full title in Rocket or its licensor.
2. CONFIDENTIALITY
(a) Confidential Information. Whether or not disclosed orally or marked as
confidential, Confidential Information includes the Agreement; Order Forms,
Products, Deliverables, and Services; either party's non-public data or
personally identifiable information regarding employees or customer(s) residing
on the party's computer systems; Intellectual Property, and Rocket's proposals,
specifications, manuals, product roadmaps, financial data, pricing, and results
of benchmark tests. Confidential Information does not include information that
is (i) publicly available without breach of the Agreement; (ii) reasonably shown
to Disclosing Party's satisfaction to have been known by Receiving Party prior
to disclosure or independently developed by Receiving Party subsequent to
disclosure without breach of these Terms; or (iii) obtained by Receiving Party
from a third party without confidentiality obligation. Products are not deemed
to be placed in the public domain by Rocket. Receiving Party will promptly
notify Disclosing Party if it is compelled by a court or legal process to
disclose Confidential Information and will take any reasonable action requested
by Disclosing Party to maintain the confidentiality of the Confidential
Information.
(b) Non-disclosure. Customer will use best efforts to prevent disclosure to
Rocket of any personally identifiable information (PII) regarding Customer's
employees or customer(s). Customer is solely responsible for complying with any
requirements regarding PII disclosed to Rocket, other than Rocket's
confidentiality obligations hereunder. Receiving Party will use Disclosing
Party's Confidential Information solely to perform its obligations under the
Agreement. Receiving Party will take commercially reasonable steps to safeguard
Disclosing Party's Confidential Information, including no less than the steps
taken to protect its own Confidential Information. Receiving Party must not
disclose Disclosing Party's Confidential Information except to its employees
bound by written confidentiality obligations, or Affiliates under a duty of
confidentiality, no less restrictive than these Terms. Receiving Party must
promptly notify Disclosing Party in writing of unauthorized use or disclosure of
Confidential Information. Receiving Party, at its expense, must take all
reasonable action to recover Confidential Information and prevent further
unauthorized use or disclosure, including action for seizure and injunctive
relief. If Receiving Party fails to do so in a timely manner, Disclosing Party
may take reasonable action to do so at Receiving Party's expense, and Receiving
Party must reasonably cooperate.
3. INTELLECTUAL PROPERTY INDEMNIFICATION
(a) By Rocket.
(i) Rocket will defend, at its expense, a third party legal action, suit or
proceeding against Customer ("Claim") to the extent that a Product, or a
Deliverable that is a Product proprietary derivative work, as delivered by
Rocket to Customer ("Indemnified Product") directly infringes a valid U.S.
patent or copyright. Rocket will indemnify Customer for any judgment finally
awarded against Customer or settlement agreed by Rocket for such Claim to the
extent of the Indemnified Product's infringement, provided (1) Customer notifies
Rocket promptly in writing of the Claim, (2) Rocket has sole control over the
defense or settlement, and (3) Customer fully cooperates with Rocket, providing
all documents and information in Customer's possession relevant to the Claim,
and Customer makes personnel available to testify or consult with Rocket.
(ii) If an Indemnified Product becomes, or in Rocket's opinion is likely to
become subject to a Claim, Rocket may, at its option and expense, (1) acquire
the right for Customer to continue using the Indemnified Product, (2) replace or
modify the Indemnified Product or create a workaround so that the Indemnified
Product is functionally equivalent and non-infringing, or (3) terminate the
License for the Indemnified Product and give Customer a credit for the Product
Fee paid by Customer for the infringing part of the Indemnified Product, less a
reasonable allowance for the time Customer used the Indemnified Product.
(iii) Rocket is not obligated or liable for a Claim due to: (1) use of an
Indemnified Product not according to the Agreement and Documentation, (2)
modification of an Indemnified Product made by anyone other than Rocket, or
modification made by Rocket for non-standard features or functionality for
Customer or according to Customer's directions, (3) any products, equipment,
software, or data not supplied by Rocket, (4) use of an Indemnified Product
combined with any other products, equipment, software, or data not supplied by
Rocket if infringement would not occur without the combination, (5) a release
of Indemnified Product other than the most current release available or
Customer's failure to install a revision, update or release that would have
eliminated the infringement, (6) Customer's designs, instructions, plans or
specifications, or (7) use of an Indemnified Product combined with a Customer or
third party use, process or method if infringement would not occur without the
combination.
(b) By Customer.
(i) Customer will defend, at its expense, a third party claim against Rocket (1)
that any product, information, data or material provided by Customer infringes
another party's intellectual property rights, other than a Claim for which
Rocket is responsible according to Section A3(a) above, or (2) arising from
Customer's or its Affiliates' failure to comply with the License or
Confidentiality terms of the Agreement.
(ii) Customer will indemnify Rocket for any damages, or amounts agreed as
settlement, for the claim, provided (1) Rocket notifies Customer promptly in
writing of the claim, (2) Customer has sole control over the defense or
settlement, and (3) Rocket cooperates with Customer, providing all documents and
information in Rocket's possession relevant to the claim, and Rocket makes
personnel available to testify or consult with Customer as reasonably needed.
(c) Assumption of Defense. If a party fails to defend or settle a claim
according to this Section A3 in a timely manner, the other party may assume
defense of the claim at the indemnifying party's expense, and the indemnifying
party will reasonably cooperate. Neither party may make an admission of fault on
behalf of the other party, or agree to the settlement of a claim binding the
other party that does not contain a full release of liability for the other
party, without written consent. (d) Limitation. THIS SECTION A3 DESCRIBES EACH
PARTY'S SOLE LIABILITY AND THE OTHER PARTY'S SOLE REMEDY FOR INTELLECTUAL
PROPERTY INFRINGEMENT INDEMNIFICATION.
(d) Professional Services Indemnity. Each party will defend, at their expense,
any action brought against the other party for bodily injury, death, or tangible
property damage to the extent caused by the gross negligence or willful
misconduct of the defending party relating to a Professional Services
engagement. The defending party will indemnify the other party for and pay
damages finally awarded in such action, or agreed as a settlement by the
indemnifying party, if (a) the other party promptly notifies the indemnifying
party in writing of the claim, (b) the indemnifying party has sole control over
the defense or settlement, and (c) the other party cooperates in the
indemnifying party's defense or settlement. If a party with an indemnification
obligation fails to defend or settle a claim in a timely manner, the other party
may assume the defense at the obligated party's expense, and the obligated party
will reasonably cooperate. Neither party may, without the other party's written
consent, agree to a settlement that: (a) binds the other party, (b) does not
contain a full release of the other party, or (c) admits fault on behalf of the
other party. THIS SECTION A3(d) DESCRIBES EACH PARTY'S SOLE LIABILITY AND THE
OTHER PARTY'S SOLE REMEDY FOR PROFESSIONAL SERVICES INDEMNIFICATION.
4. LIMITATION OF LIABILITY
(a) ROCKET, ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR (i) ANY
CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, (ii) ANY
INTERRUPTION OF BUSINESS OR OPERATIONS, COST OF COVER, GOODWILL, TOLL FRAUD, OR
LOSS OF DATA, PROFITS, OR REVENUE, OR FAILURE OF A REMEDY TO ACHIEVE ITS
ESSENTIAL PURPOSE.
(b) EXCEPT FOR A CLAIM FOR INFRINGEMENT UNDER SECTION A3, DEATH OR BODILY INJURY
CLAIMS, TANGIBLE PROPERTY DAMAGE, WILLFUL MISCONDUCT, OR FRAUD, ROCKET, ITS
AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE
AMOUNT CUSTOMER PAID IN THE PRECEDING 12 MONTHS FOR THE PRODUCT OR SERVICE THAT
GAVE RISE TO THE CLAIM.
(c) THE LIMITATIONS IN THIS SECTION A4 WILL APPLY TO ANY DAMAGES, HOWEVER
CAUSED, UNDER ANY THEORY OF LIABLITY, WHETHER FOR BREACH OF CONTRACT, TORT,
MISREPRESENTATION, NEGLIGENCE, THE USE OR PERFORMANCE OF A PRODUCT OR SERVICE,
OR OTHERWISE, AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR
UNFORSEEABLE. ROCKET WILL NOT BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN 12
MONTHS AFTER CUSTOMER BECAME AWARE OF THE ISSUE GIVING RISE TO THE CLAIM.
ROCKET'S FAILURE TO EXERCISE A RIGHT OR REMEDY IS NOT A WAIVER.
5. DISPUTE RESOLUTION
The parties will attempt in good faith to resolve any controversy or claim
promptly through business discussions and will, upon written request, escalate a
dispute to executive management for resolution. If the parties fail to resolve
the dispute within 30 days of written request, or any longer period agreed in
writing, the parties may pursue the remedies to which they are entitled. This
clause will not restrict either party's right to seek injunctive relief.
6. INJUNCTIVE RELIEF
Customer's failure to comply with the License or Confidentiality terms of the
Agreement would result in irreparable harm to Rocket that may be intangible but
real and is incapable of complete remedy by award of damages. Customer agrees
(a) Rocket has the right to an injunction or other court order and may proceed
directly to court to specifically enforce Customer's obligations, (b) no finding
of irreparable harm or other condition to injunctive relief is required, (c) an
order may be entered to compel Customer to act or refrain from acting or
threatened action, and (d) if an injunction is granted, Customer will pay
Rocket's reasonable expenses and attorney fees, in addition to any other relief
granted. Rocket shall have the right to pursue all remedies at law and in equity
for such a breach.
7. MISCELLANEOUS
(a) Agreement. The Agreement supersedes all other oral or written terms,
proposals or representations in effect between the parties regarding Rocket
Products and Services. Any terms in a subsequent or contemporaneous Order Form
that are inconsistent with these Terms will control for that Order Form only,
and the General Terms may only be modified by a written amendment signed by both
parties. Inconsistent terms of Customer's purchase order are excluded regardless
of Rocket accepting the purchase order for payment purposes. If any Agreement
term is illegal, invalid, or unenforceable, the other terms remain in full force
and effect and any term that is intended to survive the Agreement termination
will survive.
(b) Assignment. Customer may not assign the Agreement, an Order Form, or any of
its obligations, rights or remedies, in whole or in part, without Rocket's prior
written approval in its sole discretion.
(c) Force Majeure. Neither party is liable for delay or failing to perform its
obligations due to a cause beyond its reasonable control and without fault or
negligence, except Customer's failure to perform its payment obligations.
(d) Governing Law, Jurisdiction and Region-Specific Terms Massachusetts laws
govern the Agreement, the parties' performance, rights and obligations,
excluding conflict of law principles that would apply the law of any other
jurisdiction. Each party waives the right to jury trial for a claim in law or
equity. The United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act, as adopted, do not
apply. US, North and South America, and Rest of World. For customers located in
the United States, North and South America, and any other jurisdiction not
covered by the region-specific terms below (Rest of World), the following terms
apply: Governing Law; This Agreement is governed by the laws of the Commonwealth
of Massachusetts and the United States, without regard to choice or conflict of
law rules thereof. U.S. Government Use. The Rocket Services are based upon
commercial computer software. If the user or licensee of an Rocket Service is an
agency, department or other entity of the United States Government, the use,
duplication, reproduction, release, modification, disclosure or transfer of the
Rocket Service, or any related documentation of any kind, including technical
data and manuals, is restricted by a license agreement or by this Agreement in
accordance with Federal Acquisition Regulations 12.211 (Technical Data) and
12.212 (Computer Software) for civilian purposes and Defense Federal Acquisition
Regulation Supplement 227.7202-3 (Rights in Commercial Computer Software or
Computer Software Documentation). The Rocket Services were developed fully at
private expense. All other use is prohibited. If greater rights are needed, a
mutually acceptable written amendment specifically conveying these rights must
be included as part of this Agreement. General. The Uniform Computer
Information Transactions Act (UCITA) do not apply to this Agreement regardless
of when or where adopted.
UK, IE, Middle East, Africa, Russia, and India. For customers located in the
Republic of Ireland, the United Kingdom, British Crown Dependencies, British
Overseas Territories, Middle East, Africa, Russia, and India the following terms
apply: Governing Law; Jurisdiction and Venue. This Agreement is governed by the
laws of England and Wales and the parties submit to the exclusive jurisdiction
and venue of courts located in England.
Germany, Austria, and Switzerland ("DACH"). For customers located in DACH, the
following terms apply: Governing Law; Jurisdiction and Venue. This Agreement is
governed by the laws of Germany and the parties submit to the exclusive
jurisdiction and venue of courts located in Germany. Clarification on Liability
Cap under Section A.4(Limitation of Liability). THE PARTIES AGREE THAT THE
LIABILITY CAP AT SECTION A.4 APPLIES FOR SLIGHTLY NEGLIGENT INFRINGEMENT OF A
MATERIAL CONTRACTUAL OBLIGATION, WHOSE FULFILLMENT IS ESSENTIAL IN ACCOMPLISHING
THE CONTRACT AND ON WHOSE FULFILLMENT THE OTHER PARTY CAN REGULARLY DEPEND
("CARDINAL DUTY"/ "KARDINALPFLICHT"). THE PARTIES SPECIFICALLY AGREE THAT THE
TYPICAL FORESEEABLE DAMAGE AND BREACHES OF A CARDINAL DUTY WILL NOT EXCEED IN
AGGREGATE THE LIABILITY CAP SET OUT IN SECTION A.4. Additional Exceptions on
Liability under Section A.4 NONE OF THE LIMITATIONS IN SECTION A.4 EXCLUDES
EITHER PARTY'S LIABILITY FOR DAMAGES DIRECTLY RESULTING FROM: (I) INTENT; (II)
GROSS NEGLIGENCE; (III) CULPABLE INJURY TO LIFE, BODY AND HEALTH; (IV) IN CASE
OF A BREACH OF GUARANTEE, WHICH MUST BE EXPLICITLY NAMED A "GUARANTEE"; OR (V)
MANDATORY LIABILITIES UNDER THE PRODUCT LIABILITY ACT.
Netherlands and Rest of Europe. For customers located in the Netherlands and
European countries not covered by other region-specific terms above, the
following terms apply: Governing Law; Jurisdiction and Venue. This Agreement is
governed by the laws of the Netherlands and the parties submit to the exclusive
jurisdiction and venue of court located in Rotterdam. Any court proceedings will
be conducted in English, to the extent available. Additional Exceptions on
Liability under Section A.4(Limitation on Liability). NONE OF THE LIMITATIONS IN
SECTION A.4 EXCLUDES EITHER PARTY'S LIABILITY FOR EITHER PARTY'S LIABILITY FOR
INTENT OR GROSS NEGLIGENCE (OPZET OF BEWUSTE ROEKELOOSHEID) OF THAT PARTY OR ITS
MANAGERIAL STAFF.
Australia, Zealand And Asia Pacific. For customers located in Australia and New
Zealand and Asia Pacific the following terms apply: Governing Law; Jurisdiction
and Venue. This Agreement is governed by the laws of Australia and New South
Wales and the parties submit to the exclusive jurisdiction and venue of courts
located in Sydney.
(e) Compliance with Laws; Export. Customer will comply with U.S., foreign, and
international laws and regulations, including without limitation the U.S.
Foreign Corrupt Practices Act, U.K. Bribery Act, other anti-corruption laws,
U.S. Export Administration and Treasury Department's Office of Foreign Assets
Control regulations, and other anti-boycott and import regulations. Customer
agrees: (i) that the export, re-export, transfer, re-transfer, sale, supply,
access to, or use of the Products, Deliverables or Services to or in a country
other than the country in which the Product , Deliverables or Services were
first provided to Customer, or to, by, or for a different end user or end use
may require a U.S. or other government license or other authorization; and (ii)
not to, directly or indirectly, export, re-export, transfer, re-transfer, sell,
supply, or allow access to or use of the Products, Deliverables or Services to,
in, by, or for sanctioned, embargoed, or prohibited countries, persons, or end
uses under U.S. or other applicable law (collectively, "Prohibited Uses").
Customer is responsible for screening for Prohibited Uses and obtaining any
required licenses or other authorizations and shall indemnify Rocket for any
violation by Customer of any applicable export controls and/or economic
sanctions laws and regulations. Rocket may terminate the Agreement and Licenses
immediately if Rocket determines, in its sole discretion, that Customer has
breached, intends to breach, or insists upon breaching any of the provisions in
this clause.
(f) Language. The parties agree that the Agreement and all related documents are
in English.
(g) No Agency. Each party is an independent contractor and may not commit the
other party without written authorization. The Agreement does not create an
employment, joint venture, partner, or agency relationship.
(h) Non-Solicitation. For the Agreement term and 1 year after the termination
date, without Rocket's written consent, Customer will not, directly or
indirectly, hire or solicit any Rocket employee, former employee, or contractor
(except as a result of a generally advertised recruiting solicitation), or
attempt to or interfere with Rocket's business.
(i) Notice. Notice or approval must be in writing signed by a party's authorized
representative, sent to the address on the Order Form or otherwise specified in
writing by a party. Notice must be sent by mail or overnight courier with return
receipt, and is effective 1 business day after being sent by overnight courier
or 3 business days after being sent by mail.
(j) Publicity. Rocket may use Customer's name in press releases, product
brochures, and other marketing materials to indicate they are Rocket's customer.
Rocket will use Customer's trademarks, service marks, logos or branding,
according to Customer's branding guidelines, which Customer will make available
to Rocket.
(k) Taxes. Product and Service Fees do not include taxes. Customer will pay all
sales, use, property, customs, excise, value added and other taxes ("Tax")
imposed upon the purchase, sale, license, or use of Products and/or Services,
regardless whether the Tax is included in the invoice Rocket sends to Customer,
except taxes on Rocket's net income. Fees payable by Customer will not be
reduced by any Tax and Customer will pay invoiced Fees and Tax, or Customer will
provide a tax exemption certificate or tax payment receipt prior to Rocket's
Delivery of Products or performance of Services, or proof of payment for Tax
within 30 days from invoice date.
(l) Payment. Unless specified otherwise by Rocket in writing, Customer's payment
is due within 30 days from date of invoice. Late payment is a material breach of
Customer's obligation, upon which Rocket may suspend Product Delivery and
Service performance. Customer will pay to Rocket all reasonable costs and
expenses for collection of overdue amounts, including legal fees. Rocket may
review Customer's financial condition, payment and credit history and notify
Customer of any additional payment or credit requirements. Customer must notify
Rocket in writing of any disputed invoice within 15 days of invoice receipt or
its right to dispute the invoice will be deemed waived. Customer will pay Fees
as invoiced regardless of any warranty claim.
9. DEFINITIONS
(a) Affiliate means a legal entity that is controlled by Customer through
ownership of 51% or more of its outstanding equity that may order Products and
Services by executing an Order Form as a customer under these Terms, subject to
Rocket's written approval.
(b) Concurrent User means a User authorized to use a Product or Service
concurrently with other Concurrent Users, limited by a maximum number of
Concurrent Users at any one time.
(c) Confidential Information means any material, data, or information, in any
form or media, that is proprietary or confidential to a party and is marked as
confidential, or not marked but by its nature or treatment by its owner should
reasonably be considered to be confidential.
(d) Customer means the legal entity executing the initial Order Form.
(e) Day means calendar day unless specified as business day.
(f) Deliverable means materials or work product specified as a "deliverable" in
an Order Form that Rocket provides or creates with Professional Services,
including without limitation software programming, application program
interfaces, information, documents, reports, technical and non-technical data,
specifications and other material, including derivative works. Deliverables do
not include Products.
(g) Deliver(y) means Rocket has provided, and Customer is deemed to have
accepted, a Product through electronic access.
(h) Disclosing Party means a party whose Confidential Information is disclosed
to the other party.
(i) Documentation means Rocket's user manuals and training materials provided to
Customer electronically or physically.
(j) Enterprise License means a Measured License limited to the use required
within a certain business unit or corporate entity specified in the Order Form
measured as of the Order Form date.
(k) Fee means Rocket's price for a Product or Service specified in an Order
Form.
(l) Intellectual Property means all intellectual property, including without
limitation, inventions, patents, copyrights, trademarks, service marks, trade
names, trade secrets, know-how, moral rights, licenses, and any other intangible
proprietary or property rights, registered or not, under statute and/or common
law.
(m) License means Customer's non-exclusive, non-transferable right to use the
licensed Products, Services, Deliverables or materials for its own internal
business operations, according to the Documentation, and subject to the
Agreement's restrictions.
(n) Measured License means a License for the time period, number and type of
Users, transactions, copies, seats, instructions per second (MIPS) or other
quantity or measure specified for each Product listed in an Order Form.
(o) Named User means an individual identified User authorized to use a Product
or Service. A new Named User may replace a prior Named User.
(p) Order Form means a quote, SOW, or registration form provided by Rocket to
Customer that includes the Products, Services, Fees and a unique Rocket
reference number for each Order Form.
(q) Products means Rocket proprietary software products.
(r) Product Warranty means Rocket's limited warranty for Products.
(s) Professional Services means the professional consulting services, standard
installation, integration and configuration services, and time and materials
services Rocket provides as an independent contractor.
(t) Receiving Party means a party receiving the other party's Confidential
Information.
(u) Service(s) means Support Services and/or Professional Services.
(v) Service Warranty means Rocket's limited warranty specified for Support
Services or Professional Services.
(w) SOW means a statement of work that documents materials and services for a
project that Rocket provides, generally for Professional Services engagements,
including a project plan, resources and actions provided by each party and a
payment schedule.
(x) Support Period means a time period defined in an Order Form during which
Rocket will provide Support Services.
(y) Support Service(s) means Rocket's current standard maintenance and support
services, policies and procedures for Products.
(z) User means a Named User or Concurrent User employed by and authorized by
Customer to use a Product or Service for Customer's internal business purposes.
B. PRODUCT PURCHASE/LICENSE/MAINTENANCE SUPPORT TERMS
1. ORDERS
Rocket will provide an Order Form to Customer that includes the Products,
Support Services, Fees, other Services, and Rocket reference number for each
order. Customer will place a binding order, subject to Rocket's acceptance, by
sending Rocket a signed Order Form.
2. LICENSE
(a) Grant. Rocket grants to Customer a Measured License for each Product listed
in the Order Form, in object code form, and related Documentation. Customer may
make one copy of the Product for non-production backup purposes. Customer's
right to use the Product as an Enterprise License or a type of Measured License
is specified in the Order Form. Customer's actual use will not decrease (but may
increase) the scope of the License granted and the Fees due.
(b) Restrictions. Customer will not:
(i) Rent, lease, or sublicense a Product, or use a Product as a service bureau
or for hosting as an application service provider;
(ii) Permit any third party to access or use a Product or Documentation, except
for Customer's Affiliates using a Product or Documentation for Customer's
internal business operations, provided Customer (a) ensures its Affiliates
comply with the terms of the Agreement and (b) is liable for their acts and
omissions;
(iii) Transfer or use a Product or Documentation to or in a country other than
that to which Rocket first provides it;
(iv) Use a Product except as specified in the Documentation;
(v) Translate, modify or make derivative works of a Product or Documentation;
(vi) Reverse engineer, , decompile or disassemble a Product, except as permitted
by law after Customer has disclosed its intended activities in writing to
Rocket;
(vii) Exceed the time period for the License, or use a Product in excess of the
Measured License or Enterprise License, which Customer purchased;
(viii) Use a Product in production if provided under a testing, evaluation,
development or other non-production License;
(ix) Alter a Product's copyright or other intellectual property rights notices;
(x) Infringe or misappropriate Rocket's or its licensors' Intellectual Property.
(c) Verification. Customer will keep accurate records measuring its use of the
Products according to its License. Rocket has the right to audit Customer's
records and operations to verify Customer's Product use according to the License
and the Agreement. Audits will be scheduled at a mutually agreed date and time
during Customer's usual business hours. If Rocket determines that Customer's
Product use exceeds the License Customer purchased, Customer will immediately
pay Rocket the current Fees for the additional Product use, including reasonably
estimated arrears for Support Service Fees, and reimburse Rocket's reasonable
expenses to perform the audit. THE LIMITATION OF LIABILITY SET FORTH IN SECTION
A4 DOES NOT APPLY TO CUSTOMER'S PRODUCT USE EXCEEDING ITS LICENSE OR
MISAPPROPRIATION OF A PRODUCT.
(d) Termination. Rocket may terminate a License by written notice (i)
immediately, if Customer infringes or misappropriates Rocket's or its licensors'
Intellectual Property or fails to comply with the License Terms; (ii) as
specified in the Warranty Terms; and (iii) if Customer materially breaches the
Agreement, subject to any specified cure period. Upon termination Customer will
immediately return or destroy all Product and, upon Rocket's request, provide
written certification of such destruction.
(e) Excluded Components. The provisions of this paragraph do not apply to the
extent they are held to be invalid or unenforceable under the law that governs
this Agreement. Notwithstanding any of the terms in this Agreement or any other
agreement Licensee may have with Rocket (a) the third party suppliers of such
Excluded Components, as described in the Notices file included with the included
with the Software, (the "Suppliers") provide the components WITHOUT WARRANTIES
OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE,
NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
EXCLUDED COMPONENTS; (b) the Suppliers shall not be liable for any direct,
indirect, incidental, special, exemplary, punitive or consequential damages,
including but not limited to lost data, lost savings, and lost profits, with
respect to the Excluded Components; and, (c) neither Rocket nor the Suppliers
shall be liable to Licensee for any claims arising directly or indirectly from
or related to the Excluded Components. Notices with respect to the Excluded
Components, including instructions for obtaining source code (as applicable) for
certain Excluded Components, may be found in the NOTICES file(s) that
accompanies the Software.
3. SUPPORT SERVICES
(a) Support Services. Rocket will provide Support Services purchased by Customer
according to Rocket's current standard policies and procedures as revised from
time to time. Rocket's standard Support Services generally include (i)
commercially reasonable efforts to resolve problems or bugs in the Product which
substantially impair the functionality described in Rocket's published technical
specifications; (ii) revisions and updates for Products containing code fixes,
improvements or enhancements to existing functionality as available; (iii)
access to online problem reporting, tracking, and self-help tools; and (iv)
telephone support for trained Customer personnel during purchased support hours.
Support Services do not include onsite support which may be purchased if
available.
(b) Support Period; Termination. Support Service is available for a minimum 12
month Support Period, unless a longer period is specified in an Order Form, and
the initial Support Period begins on the Product Delivery date. The Support
Period will renew automatically for subsequent Support Periods equal to the
initial Support Period unless either party provides written notice of
termination at least 60 days prior to the end of the current Support Period.
Rocket may suspend or terminate Support Service upon written notice if Customer
breaches its obligations including timely payment for any Support Period. Upon
termination Customer will, at Rocket's direction, return or destroy any Rocket
materials, Confidential Information and Documentation, and Customer will
immediately pay Rocket all fees due for the remainder of the Support Period and
any other fees accrued as of the termination date.
4. PRODUCT DELIVERY
All Products provided to Customer by Rocket are subject to these Terms. Risk of
loss for Products passes to Customer upon Delivery. Customer is responsible for
customs clearance, documents, and paying any customs duties and import fees.
5. FEES AND PAYMENT
(a) Product Fees. Customer will pay to Rocket the Product Fees according to an
Order Form, along with shipping, handling, taxes and any similar fees.
(b) Support Service Fees. Support Service Fees for the initial Support Period
are included in the Product Order Form. Rocket will provide an Order Form or
invoice for each renewal Support Period at Rocket's current list price, and
Customer will pay the Support Service Fees when due, according to the Order Form
or invoice. Rocket may not provide renewal Support Services if Customer does not
pay the renewal Fees to Rocket prior to the end of the current Support Period.
If Customer's Support Services lapse at any time, renewal will be subject to
Rocket's re-instatement policies and fees. Payment that is invoiced in arrears
for any Support Period is due and payable on invoice date.
6. WARRANTIES
(a) Products. Rocket warrants that Product will perform substantially according
to Rocket's current published technical specifications on the Product Delivery
date, when used according to the Documentation. Customer must provide a written
Product Warranty claim to Rocket within 90 days of the Delivery date. Customer
must provide remote or local access to the Product if required by Rocket to
perform Product Warranty service. Rocket will repair or replace a Product not
conforming to the Product Warranty, or, at its option, refund the part of the
Product Fees paid for the Product that does not conform, and the Product License
terminates. Upon License termination, Customer will cease using and destroy the
Product.
(b) Support Services. Rocket warrants that Support Services will be performed in
a commercially reasonable manner consistent with general industry standards that
apply to similar services. Customer must provide a written Service Warranty
claim to Rocket within 15 days after the date Rocket provided the Service.
Rocket, at its option, will re-perform Service not complying with the Service
Warranty at no additional charge, or refund the part of the Fee, if paid, for
the Service which does not comply with the Service Warranty.
(c) Disclaimer. Product Warranty or Support Service Warranty does not cover
problems caused by (i) abuse, misuse, alteration, neglect, accident,
unauthorized repair or installation, or acts or omissions of any party other
than Rocket; (ii) electrical systems, fire or water damage, Customer's hardware,
software, networks, or systems; or (iii) Customer not using Product according to
Rocket's current published technical specifications. EXCEPT AS SET FORTH IN
SECTIONS 6(a) AND (b) ABOVE, ROCKET, ITS AFFILIATES AND LICENSORS DISCLAIM ALL
OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESS OR IMPLIED, ORAL OR
WRITTEN, FOR PRODUCTS OR SERVICES, THEIR USE, SUFFICIENCY, ACCURACY,
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, OR COMPLETENESS,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (i) MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR (ii) THAT SUPPORT
SERVICES OR OPERATION OF PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii)
ERRORS OR DEFECTS WILL BE CORRECTED. THIS SECTION B6 DESCRIBES ROCKET'S SOLE
LIABILITY AND CUSTOMER'S SOLE REMEDY FOR A PRODUCT OR SUPPORT SERVICE WARRANTY
CLAIM.
C. PROFESSIONAL SERVICES
1. PROFESSIONAL SERVICES ORDER Customer will order the Professional Services it
requires as specified in Section B(1) above, which Rocket may perform remotely
or on site as appropriate. The Order Form will describe the Professional
Services and any of the following that apply: project plan, resources and
actions provided by each party, Deliverables, Fees, expenses, and payment
schedule.
2. PROFESSIONAL SERVICES FEES AND PAYMENT
Customer will pay to Rocket, according to each Order Form: (a) Fees for time
and Deliverables; (b) Rocket's expenses incurred with the Professional Services;
and (c) any additional fees and expenses incurred by Rocket due to changes in
the scope of Services to be provided, Customer's failure to fulfill its
obligations in a timely manner, or reassignment of personnel or rescheduling
without Rocket's fault. Professional Services Fees are due and invoiced as
Services are performed. Customer will pay Fees and expenses for all Professional
Services and Deliverables provided until the end of each Service engagement.
Rocket will itemize invoices for expenses and provide receipts if Customer
requests. All Professional Services Rocket provides are billable, regardless of
whether the Professional Services are requested by Customer to assist with a
warranty or maintenance issue, which will be addressed by Rocket's Support
Services organization. Support for third party products is provided by the third
party supplier.
3. DELIVERABLES
(a) Ownership.
(i) Rocket may designate in writing Deliverables as "Type I Deliverables," "Type
II Deliverables," or otherwise as agreed. If not specified in writing,
Deliverables are Type II Deliverables. Customer's data and Confidential
Information are Customer's exclusive property in which Customer retains all
right, title and interest, and are not Deliverables even if included with
Deliverables provided by Rocket, such as in a report or dashboard. Rocket
Products are governed by separate license terms.
(ii) Type I Deliverables are Deliverables created solely for
Customer during the Professional Service performance period in which Customer
will have all right, title, and interest, including copyright. Rocket will
retain a copy of Type I Deliverables. Rocket's Intellectual Property and
Confidential Information, in which Rocket retains all right, title and interest,
are excluded from Type I Deliverables.
(iii) Type II Deliverables are Deliverables provided or created during the
Professional Services performance period, including without limitation all
preexisting materials, in which Rocket or its affiliates have all right, title,
and interest, including copyright. Rocket will provide one copy of Type II
Deliverables to Customer.
(b) License and Use.
(i) Rocket grants Customer a License to use and reproduce a reasonable number of
copies, and distribute internally, Type II Deliverables' object code for its own
internal business operations only, according to the Order Form. Customer will
not reverse engineer, sell, rent, sublicense or permit a third party to use or
access Type II Deliverables. Customer's ownership of Type I Deliverables and
License for Type II Deliverables are contingent upon full payment of all fees
and expenses for Professional Services.
(ii) Customer grants Rocket (1) a nonexclusive, worldwide, royalty-free right
to use and copy Customer systems, Confidential Information and data, and use any
Customer proprietary and third party products, services and materials under
Customer's license, as necessary to provide the Professional Services, and (2)
an irrevocable, nonexclusive, royalty-free right to use, reproduce, create
derivative works, sublicense and distribute, internally and to other parties,
Type I Deliverables, excluding Customer Confidential Information and Customer
data, which is Customer's exclusive property. Customer represents and warrants
that Customer information, data and third party products, services and materials
provided to Rocket will not violate any law or third party rights.
(iii) Each party will reproduce the copyright notice or other legend on any
copies made under the license and use rights granted.
(c) Support. Rocket does not provide Support Services for Deliverables unless
Rocket, at its option, has incorporated the Deliverables in a generally
available Product, or Rocket agrees to provide Support Services for the
Deliverable in the SOW, and Customer pays fees for the Support Services.
(d) Termination. Rocket may terminate a License by written notice (i)
immediately, if Customer infringes Rocket's or its licensors' Intellectual
Property or fails to comply with the License Terms; or (ii) if Customer
materially breaches the Agreement, subject to any specified cure period. Upon
License termination Customer must immediately destroy licensed Deliverables and,
upon Rocket's request, and so certify in writing.
4. PERSONNEL
On Customer premises, Rocket personnel will comply with Customer's reasonable
rules and policies provided to Rocket in writing for such matters as working
hours, holidays and Customer security measures. Rocket will determine its
personnel to perform Professional Services in its sole discretion. The parties
will resolve any Professional Services issues in good faith. If the resolution
involves reassigning personnel, Rocket will do so as soon as practical and
commercially reasonable, according to local law. Customer agrees that
reassignment may delay Professional Services or allow Rocket to terminate
Professional Services without Rocket liability.
5. PROFESSIONAL SERVICES WARRANTY
(a) Warranty. Rocket warrants that Professional Services will be performed in a
commercially reasonable manner consistent with industry standards. Customer must
provide a written Professional Services Warranty claim to Rocket within 15 days
after the date Rocket performs Professional Services. Rocket, at its option,
will re-perform Professional Services that do not comply with the Professional
Services Warranty at no additional charge, or if not practical and solely at
Rocket's option, credit the part of the Professional Services Fee, if paid, for
the Professional Services that do not comply with the Professional Services
Warranty.
(b) Disclaimer. This Professional Services Warranty does not cover problems
caused by (i) abuse, misuse, alteration, enhancements, neglect, accident,
unauthorized repair or installation, or acts or omissions of, or delay by, any
party other than Rocket; or (ii) electrical systems, fire or water damage,
Customer's hardware, software, networks, or systems. DELIVERABLES ARE PROVIDED
ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND. ROCKET, ITS AFFILIATES AND
LICENSORS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESS
OR IMPLIED, ORAL OR WRITTEN, FOR PROFESSIONAL SERVICES AND DELIVERABLES, THEIR
USE, SUFFICIENCY, OR ACCURACY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR
THAT PROFESSIONAL SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE.
(c) Limitation. THE WARRANTY DESCRIBED IN THIS SECTION C5 IS ROCKET'S SOLE
LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR A PROFESSIONAL SERVICES OR
DELIVERABLES CLAIM.
6. TERMINATION
Either party may terminate a Professional Services engagement, in whole or in
part, with 30 days prior written notice, effective on the date specified in the
notice, however, these Terms apply for all Services and Deliverables provided
regardless of the termination date, including any Services provided for
transition or termination assistance. Rocket is not responsible for the
resulting condition of Services or Deliverables upon early termination. These
Terms govern all Order Forms until Professional Services are terminated or
completed.
Rev January 2022
Rogue Wave Software License
(c) Copyright Rogue Wave Software, Inc.
ALL RIGHTS RESERVED
The software and information contained herein are proprietary to, and
comprise valuable trade secrets of, Rogue Wave Software, Inc., which
intends to preserve as trade secrets such software and information.
This software is furnished pursuant to a written license agreement and
may be used, copied, transmitted, and stored only in accordance with
the terms of such license and with the inclusion of the above copyright
notice. This software and information or any other copies thereof may
not be provided or otherwise made available to any other person.
Notwithstanding any other lease or license that may pertain to, or
accompany the delivery of, this computer software and information, the
rights of the Government regarding its use, reproduction and disclosure
are as set forth in Section 52.227-19 of the FARS Computer
Software-Restricted Rights clause.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013.
Contractor/Manufacturer is Rogue Wave Software, Inc.,
P.O. Box 2328, Corvallis, Oregon 97339.
This computer software and information is distributed with "restricted
rights." Use, duplication or disclosure is subject to restrictions as
set forth in NASA FAR SUP 18-52.227-79 (April 1985) "Commercial
Computer Software-Restricted Rights (April 1985)." If the Clause at
18-52.227-74 "Rights in Data General" is specified in the contract,
then the "Alternate III" clause applies.
ROOT CERTIFICATE LICENSE AGREEMENT
SYMANTEC CORPORATION AND/OR ITS AFFILIATES (“SYMANTEC”) IS WILLING TO PROVIDE THE
ROOT CERTIFICATES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT
WILL BE UTILIZING THE ROOT CERTIFICATES (REFERENCED BELOW AS “YOU” OR “YOUR”)
ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT
(“AGREEMENT”). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY
BEFORE USING THE ROOT CERTIFICATES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT
BETWEEN YOU AND SYMANTEC. BY USING THE ROOT CERTIFICATES, YOU AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, MAKE NO FURTHER USE OF THE ROOT CERTIFICATES. UNLESS OTHERWISE
DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE “DEFINITIONS”
SECTION OF THIS AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED IN THE
SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
ROOT CERTIFICATE TERMS AND CONDITIONS
1. DEFINITIONS.
"Certificate" means an electronic file that, at least, states a name or identifies the issuing Certificate
Authority, identifies the subscriber, contains the subscriber's public key, identifies the Certificate's
operational period, contains a Certificate serial number, and contains a digital signature of the issuing
Certificate Authority.
“Certificate Authority” or “CA” means a person or entity authorized to issue, suspend, or revoke
Certificates.
“Intermediate CA” means a CA Certificate signed by a Root Certificate Intermediate that issues
Certificates either to end-entities or other Certificate Authorities, but not to both.
"Products" means all versions of Your product or service with which the Root Certificates are incorporated
(including successor products and services or any major or minor upgrades thereto).
"Root Certificate" means a self-signed Certificate issued by a top-level Certificate Authority to itself, which
includes such Certificate Authority's public key. The Root Certificates and Root Certificate files to be
provided by Company to Customer pursuant to this Agreement are available for download at
https://www.verisign.com/support/roots.html, https://www.thawte.com/roots/index.html or
https://www.geotrust.com/resources/rootcertificates/index.html.
2. LICENSE. During the term of this Agreement, Symantec grants You a royalty-free, non-exclusive, nontransferable license to (a) use the Root Certificate for the purposes of testing (without the right to modify);
(b) make copies of Root Certificates only in order to embed and incorporate them, unmodified and in full,
as roots in Your Products; (c) distribute the Root Certificates as embedded and incorporated in such
Products; and (d) use the relevant logos and trademarks of Symantec in Your marketing materials,
advertisements, product data sheets, product packaging and websites solely conjunction with the
distribution of the Root Certificates in accordance with Symantec’s published guidelines for such usage.
You shall not have the right to further distribute the Root Certificates other than as described herein
without an additional license grant, in a separate writing, from Symantec.
3. RESTRICTIONS. You may not: (a) modify or create any derivative works of Root Certificates; (b)
assign, sublicense, sell, rent, or lease Symantec's root keys or Root Certificates; (c) use such Root
Certificates except as expressly permitted under this Agreement; (d) remove or alter any trademark, logo,
copyright, or other proprietary notices, legends, symbols, or labels provided in the Root Certificates; or (e)
certify, or cause a third party to certify, the public key contained in the Root Certificates by issuing or
creating a Certificate containing such public key.
4. CUSTOMER’S OBLIGATIONS.
4.1. During the term of this Agreement, You shall use commercially reasonable efforts regularly check the
applicable Symantec URL for updates to the Root Certificates and update Root Certificates embedded
into Your Products with the most currently available Root Certificates, unmodified and in full, or as a patch
or update. If Symantec updates its Root Certificates,, You shall use commercially reasonable efforts to (i)
discontinue all copying and use of the Root Certificates which have been replaced, and (ii) to use
Symantec’s then-current Root Certificates. Any updates to the Root Certificates are incorporated into and
subject to the terms of this Agreement.
4.2. You shall appoint at least one (1) individual as the administrative contact designated to address any
Root Certificate issues and shall provide the contact information for such individual to dl-tssroot@symantec.com.
4.3 In the event You become aware of or suspect any event that diminishes the integrity of Symantec's
data or public key system ("Compromise"), You shall immediately notify Symantec at dl-tss-
root@symantec.com of such Compromise, and take reasonable steps to assist and cooperate with
Symantec to remedy the Compromise.
4.4 In the event that Symantec modifies these terms of use for the Root certificates for all end users,
Symantec shall post the modified terms for the Agreement on the applicable URL and may post the
modified terms on the Symantec corporate website. You shall be responsible for regularly checking the
applicable URL for modifications to this Agreement. Such modifications shall be effective and binding on
Customer within thirty (30) days of Symantec’s posting such modifications to its website. If you do not
accept the modified Agreement, discontinue use of the Root Certificates and this Agreement will be
deemed as terminated.
5. CONFIDENTIALITY.
5.1. Confidential Information. "Confidential Information" means the root private keys corresponding to the
public key in a Root Certificate, and any confidential, trade secret, or other proprietary information
disclosed by a party to the other party under this Agreement, except for Information that: (i) is public
knowledge at the time of disclosure, (ii) was known by the receiving party before disclosure by the
disclosing party, or becomes public knowledge or otherwise known to the receiving party after such
disclosure, other than by breach of a confidentiality obligation, or (iii) is independently developed by the
receiving party by persons without access to Confidential Information of the disclosing party.
5.2. Protection of Confidential Information. The receiving party shall: (i) not disclose the Confidential
information to any third party, (ii) not use the Confidential Information except for purposes of performing
this Agreement, and (iii) take steps consistent with its protection of its own confidential and proprietary
information (but in no event exercise less than reasonable care) to prevent unauthorized disclosure of the
Confidential Information. Each party acknowledges that breach of this Section 5 may cause irreparable
harm to the disclosing party entitling the disclosing party to injunctive relief, among other remedies.
5.3. Mutual Cooperation. Each party will notify and cooperate with the other party in enforcing the
disclosing party's rights if such party becomes aware of a threatened or actual violation of the
confidentiality requirements of this Section 5. Each party shall have confidentiality agreements with its
employees, agents or independent contractors sufficient in scope to fulfill its confidentiality obligations
under this Agreement.
6. INTELLECTUAL PROPERTY. You acknowledge that Symantec, including its wholly owned
subsidiaries, retains all intellectual property rights and title (including any patent, copyright, trademark,
trade secret, and other rights) in and to the Root Certificates, the public and private keys corresponding to
such Root Certificates ("Symantec Intellectual Property"). This Agreement does not give You any
intellectual property rights in the Symantec intellectual property except for the license granted in Section
2. To the extent You use Symantec's trademarks or logos as permitted herein, You agree to comply with
all usage requirements set forth in the then current version of Symantec's Logo and Trademark Usage
Guide (http://www.symantec.com/about/profile/policies/trademarks.jsp) and any other guides and
procedures of Symantec.
7. NO WARRANTIES. THE ROOT CERTIFICATES, INCLUDING UPDATES, ARE PROVIDED "AS IS"
WITHOUT ANY WARRANTY WHATSOEVER. SYMANTEC HEREBY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL
SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, WHETHER
FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU WILL TAKE REASONABLE MEASURES TO INSURE THAT
THE TERMS AND CONDITIONS SET FORTH IN THE PRECEDING SENTENCE OF THIS SECTION 8
ARE INCORPORATED INTO ANY AGREEMENT BETWEEN YOU AND YOUR CUSTOMERS OR
LICENSEES. SYMANTEC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES CAUSED BY YOUR OR A THIRD PARTY’S CONTINUED USE OF ANY OUTDATED
ROOTS FOR WHICH AN UPDATED VERSION IS MADE AVAILABLE BY SYMANTEC. FURTHER,
UNDER NO CIRCUMSTANCES WILL SYMANTEC'S LIABILITY FOR ANY ACTION OR CLAIM EXCEED
USD$1,000, REGARDLESS OF WHETHER SUCH ACTION OR CLAIM IS BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE.
9. TERM AND TERMINATION.
9.1. Term. This Agreement shall become effective as of the earlier of, Your first use of the Root
Certificates, and shall remain in effect until the earlier of (i) Your discontinued use of the Root Certificates;
(ii) termination by either party under the terms of Section 9.2, below; or (iii) Symantec’s notice to You that
Symantec is no longer providing Root Certificates for use.
9.2. Termination for Default/Insolvency. Either party shall be entitled to terminate this Agreement in the
event of a failure by the other party to perform any of its material obligations under this Agreement if such
breach is not cured within thirty (30) days after receipt of written notice thereof from the non-defaulting
party or within forty-eight (48) hours after receipt of such written notice if a breach by You may
compromise the security of the Symantec Trust Network or other system. This Agreement shall terminate
upon the election of and notice from a party to the other if the other party is adjudged insolvent or
bankrupt, or the institution of any proceedings by or against the other party seeking relief, reorganization,
or arrangement under any laws relating to insolvency, or any assignment for the benefit of creditors, or
the appointment of a receiver, liquidator, or trustee of any of the other party's property or assets, or the
liquidation, dissolution, or winding up of the other party's business.
9.3. Effect of Expiration or Termination. Upon expiration or termination of this Agreement, except for a
breach by You, You may continue to distribute the current version of Your Products which incorporate the
Root Certificates. Any updates or upgrades thereto may not include the Root Certificates and You shall
stop making copies of Root Certificates, shall stop including Root Certificates in Your Products, and shall
stop using Symantec’s logos and trademarks. The provisions of Sections 3, 4.3, 5, 6, 7, 8, 9.3, and 10
shall survive termination of this Agreement.
10. GENERAL.
10.1. Governing Laws. This Agreement and any disputes relating to the services provided hereunder shall
be governed and interpreted according to each of the following laws, respectively, without regard to its
conflicts of law provisions: (a) the laws of the State of California, if You are located in North America or
Latin America; or (b) the law of England, if You are located in Europe, Middle East or Africa; or (c) the
laws of Singapore, if You are located in Asia Pacific including Japan. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to this Agreement.
10.2. Binding Upon Successors; Assignment. This Agreement shall be binding upon, and inure to the
benefit of, the successors, executors, heirs, representatives, administrators, and assigns of the parties
hereto. Notwithstanding the foregoing, You may not assign Your rights or obligations under this
Agreement without the prior written consent of Symantec. Any such purported assignment of this
Agreement without obtaining written consent shall be void and of no effect.
10.3. Severability; Enforcement; No Waiver. The unenforceability of any provision or provisions of this
Agreement shall not impair the enforceability of any other part of this Agreement. If any provision of this
Agreement shall be deemed invalid or unenforceable, in whole or in part, this Agreement shall be deemed
amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid,
enforceable, and, insofar as possible, consistent with the original intent of the parties. The failure of a
party, at any time or from time to time, to require performance of any obligations of the other party
hereunder shall not be deemed a waiver and shall not affect its right to enforce any provision of this
Agreement at a subsequent time.
10.4. Entire Agreement; Amendments; Waivers. This Agreement constitutes the entire understanding and
agreement of the parties, whether written or oral, with respect to the subject matter hereof and supersede
all prior and contemporaneous agreements or understandings between the parties. Any term or provision
of this Agreement may be amended, and the observance of any term of this Agreement may be waived,
only by writing signed by the parties to be bound thereby.
10.5. Compliance with Law, Export Requirements and Foreign Reshipment Liability. Each party shall
comply with all applicable federal, state and local laws and regulations in connection with its performance
under this Agreement. Services, including documentation, may include controlled technology or technical
data (collectively “Controlled Technology”) that is subject to the U.S. Export Administration Regulations
(EAR), and diversion contrary to U.S. law is prohibited. You agree to comply with all relevant laws
including the U.S. EAR and the laws of any country from which Controlled Technology is exported. All
Controlled Technology is prohibited for export or re-export to Cuba, North Korea, Iran, Sudan and Syria
and to any country or its nationals subject to relevant embargo or sanction or to any entity or person for
which an export license is required per any relevant restricted party list, without first obtaining a license.
Furthermore, You hereby agree that You will not use or allow use of Controlled Technology in connection
with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of
delivering such weapons. Symantec shall have the right to suspend performance of any of its obligations
under this Agreement, without any prior notice being required and without any liability to Customer, if You
fail to comply with this provision.
10.6. Notices. You will make all notices, demands or requests to Symantec with respect to this Agreement
in writing to the "Contact" address listed on the website from where you downloaded the Root Certificates,
with a copy to: General Counsel – Legal Department, Symantec Corporation, 350 Ellis Street, Mountain
View, California 94043, USA. Notices shall be effective on the date received (unless the notice specifies a
later date) only if it is sent by a courier service that confirms delivery in writing or if sent by certified or
registered mail, postage prepaid, return receipt requested. Symantec may post notices and updates
regarding the Agreement or the Root Certificates at the URL provided to You for the Root Certificates.
You shall be responsible for regularly checking the applicable URL for notices from Symantec regarding
the Agreement or the Root Certificates. No notices, demands, or requests to Symantec with respect to
this Agreement may be delivered by electronic mail. You shall immediately notify Symantec of any legal
notices served on You that might affect Symantec, and shall promptly forward the original or a copy of
such notice to Symantec.
10.7. Independent Parties. The relationship between You and Symantec is that of independent
contractors. Neither party nor its employees, consultants, contractors, or agents are agents, employees,
or joint venturers of the other party, nor do they have any authority to bind the other party by contract or
otherwise to any obligation.
Root Certificate License Agreement v3.0 (January 2014)
Reciprocal Public License, version 1.1
Copyright (C) 2001-2002 Technical Pursuit Inc.,
All Rights Reserved.
PREAMBLE
This Preamble is intended to describe, in plain English, the nature, intent, and scope of this License. However, this Preamble is not a part of this License. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
This License is based on the concept of reciprocity. In exchange for being granted certain rights under the terms of this License to Licensor's Software, whose Source Code You have access to, You are required to reciprocate by providing equal access and rights to all third parties to the Source Code of any Modifications, Derivative Works, and Required Components for execution of same (collectively defined as Extensions) that You Deploy by Deploying Your Extensions under the terms of this License. In this fashion the available Source Code related to the original Licensed Software is enlarged for the benefit of everyone.
Under the terms of this License You may:
a. Distribute the Licensed Software exactly as You received it under the terms of this License either alone or as a component of an aggregate software distribution containing programs from several different sources without payment of a royalty or other fee.
b. Use the Licensed Software for any purpose consistent with the rights granted by this License, but the Licensor is not providing You any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Software doesn't work properly or causes You any injury or damages.
c. Create Extensions to the Licensed Software consistent with the rights granted by this License, provided that You make the Source Code to any Extensions You Deploy available to all third parties under the terms of this License, document Your Modifications clearly, and title all Extensions distinctly from the Licensed Software.
d. Charge a fee for warranty or support, or for accepting indemnity or liability obligations for Your customers.
Under the terms of this License You may not:
a. Charge for the Source Code to the Licensed Software, or Your Extensions, other than a nominal fee not to exceed Your cost for reproduction and distribution where such reproduction and distribution involve physical media.
b. Modify or delete any pre-existing copyright notices, change notices, or License text in the Licensed Software.
c. Assert any patent claims against the Licensor or Contributors, or which would in any way restrict the ability of any third party to use the Licensed Software or portions thereof in any form under the terms of this License, or Your rights to the Licensed Software under this License automatically terminate.
d. Represent either expressly or by implication, appearance, or otherwise that You represent Licensor or
Contributors in any capacity or that You have any form of legal association by virtue of this License.
Under the terms of this License You must:
a. Document any Modifications You make to the Licensed Software including the nature of the change, the authors of the change, and the date of the change. This documentation must appear both in the Source Code and in a text file titled "CHANGES" distributed with the Licensed Software and Your Extensions.
b. Make the Source Code for any Extensions You Deploy available in a timely fashion via an Electronic Distribution Mechanism such as FTP or HTTP download.
c. Notify the Licensor of the availability of Source Code to Your Extensions in a timely fashion and include in such notice a brief description of the Extensions, the distinctive title used, and instructions on how to acquire the Source Code and future updates.
d. Grant Licensor and all third parties a world-wide, non-exclusive, royalty-free license under any intellectual property rights owned or controlled by You to use, reproduce, display, perform, modify, sublicense, and distribute Your Extensions, in any form, under the terms of this License.
LICENSE TERMS
1.0 General; Applicability & Definitions. This Reciprocal Public License Version 1.1 ("License") applies to any programs or other works as well as any and all updates or maintenance releases of said programs or works ("Software") not already covered by this License which the Software copyright holder ("Licensor") makes publicly available containing a Notice (hereinafter defined) from the Licensor specifying or allowing use or distribution under the terms of this License. As used in this License and Preamble:
1.1 "Contributor" means any person or entity who created or contributed to the creation of an Extension.
1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software other than for Your internal Research and/or Personal Use, and includes without limitation, any and all internal use or distribution of Licensed Software within Your business or organization other than for Research and/or Personal Use, as well as direct or indirect sublicensing or distribution of Licensed Software by You to any third party in any form or manner.
1.3 "Derivative Works" as used in this License is defined under U.S. copyright law.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data such as download from an FTP or web site, where such mechanism is publicly accessible.
1.5 "Extensions" means any Modifications, Derivative Works, or Required Components as those terms are defined in this License.
1.6 "License" means this Reciprocal Public License.
1.7 "Licensed Software" means any Software licensed pursuant to this License. Licensed Software also includes all previous Extensions from any Contributor that You receive.
1.8 "Licensor" means the copyright holder of any Software previously uncovered by this License who releases the Software under the terms of this License.
1.9 "Modifications" means any additions to or deletions from the substance or structure of (i) a file or other storage containing Licensed Software, or (ii) any new file or storage that contains any part of Licensed Software, or (iii) any file or storage which replaces or otherwise alters the original functionality of Licensed Software at runtime.
1.10 "Notice" means the notice contained in EXHIBIT A.
1.11 "Personal Use" means use of Licensed Software by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Licensed Software in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
1.12 "Required Components" means any text, programs, scripts, schema, interface definitions, control files, or other works created by You which are required by a third party of average skill to successfully install and run Licensed Software containing Your Modifications, or to install and run Your Derivative Works.
1.13 "Research" means investigation or experimentation for the purpose of understanding the nature and limits of the Licensed Software and its potential uses.
1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by means of a computer network to one or more computers for purposes of execution of Licensed Software and/or Your Extensions.
1.15 "Software" means any computer programs or other works as well as any updates or maintenance releases of those programs or works which are distributed publicly by Licensor.
1.16 "Source Code" means the preferred form for making modifications to the Licensed Software and/or Your Extensions, including all modules contained therein, plus any associated text, interface definition files, scripts used to control compilation and installation of an executable program or other components required by a third party of average skill to build a running version of the Licensed Software or Your Extensions.
1.17 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2.0 Acceptance Of License. You are not required to accept this License since you have not signed it, however nothing else grants you permission to use, copy, distribute, modify, or create derivatives of either the Software or any Extensions created by a Contributor. These actions are prohibited by law if you do not accept this License. Therefore, by performing any of these actions You indicate Your acceptance of this License and Your agreement to be bound by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
3.0 Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to Licensor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following:
3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed Software and Your Extensions in both Source Code form or as an executable program.
3.2 Create Derivative Works (as that term is defined under U.S. copyright law) of Licensed Software by adding to or deleting from the substance or structure of said Licensed Software.
3.3 Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof.
3.4 Licensor reserves the right to release new versions of the Software with different features, specifications, capabilities, functions, licensing terms, general availability or other characteristics. Title, ownership rights, and intellectual property rights in and to the Licensed Software shall remain in Licensor and/or its Contributors.
4.0 Grant of License From Contributor. By application of the provisions in Section 6 below, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to said Contributor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following:
4.1 Use, reproduce, modify, display, perform, sublicense and distribute any Extensions Deployed by such Contributor or portions thereof, in both Source Code form or as an executable program, either on an unmodified basis or as part of Derivative Works.
4.2 Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, have made, and/or otherwise dispose of Extensions or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Contributor's Extensions or portions thereof.
5.0 Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. Except as expressly stated in Sections 3 and 4, no other patent rights, express or implied, are granted herein. Your Extensions may require additional patent licenses from Licensor or Contributors which each may grant in its sole discretion. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Software. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Licensed Software set forth herein, no assurances are provided by Licensor or any Contributor that the Licensed Software does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Licensed Software, it is Your responsibility to acquire that license before distributing the Licensed Software.
6.0 Your Obligations And Grants. In consideration of, and as an express condition to, the licenses granted to You under this License You hereby agree that any Modifications, Derivative Works, or Required Components (collectively Extensions) that You create or to which You contribute are governed by the terms of this License including, without limitation, Section 4. Any Extensions that You create or to which You contribute must be Deployed under the terms of this License or a future version of this License released under Section 7. You hereby grant to Licensor and all third parties a world-wide, non-exclusive, royalty-free license under those intellectual property rights You own or control to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Your Extensions, in any form. Any Extensions You make and Deploy must have a distinct title so as to readily tell any subsequent user or Contributor that the Extensions are by You. You must include a copy of this License with every copy of the Extensions You distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Software, or its Extensions that alter or restrict the applicable version of this License or the recipients' rights hereunder.
6.1 Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Software and any Extensions that You Deploy, either on the same media as You distribute any executable or other form of the Licensed Software, or via an Electronic Distribution Mechanism. The Source Code for any version of Licensed Software, or its Extensions that You Deploy must be made available at the time of Deployment and must remain available for as long as You Deploy the Extensions or at least twelve (12) months after the date You Deploy, whichever is longer. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. You may not charge a fee for the Source Code distributed under this Section in excess of Your actual cost of duplication and distribution where such duplication and distribution involve physical media.
6.2 Description of Modifications. You must cause any Modifications that You create or to which You contribute, to update the file titled "CHANGES" distributed with Licensed Software documenting the additions, changes or deletions You made, the authors of such Modifications, and the dates of any such additions, changes or deletions. You must also cause a cross-reference to appear in the Source Code at the location of each change. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Software and include the names of the Licensor and any Contributor to the Licensed Software in (i) the Source Code and (ii) in any notice displayed by the Licensed Software You distribute or in related documentation in which You describe the origin or ownership of the Licensed Software. You may not modify or delete any pre-existing copyright notices, change notices or License text in the Licensed Software.
6.3 Intellectual Property Matters.
a. Third Party Claims. If You have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, You must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If You obtain such knowledge after You make any Extensions available as described in Section 6.1, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Software from You that new knowledge has been obtained.
b. Contributor APIs. If Your Extensions include an application programming interface ("API") and You have knowledge of patent licenses that are reasonably necessary to implement that API, You must also include this information in the LEGAL file.
c. Representations. You represent that, except as disclosed pursuant to 6.3(a) above, You believe that any Extensions You distribute are Your original creations and that You have sufficient rights to grant the rights conveyed by this License.
6.4 Required Notices.
a. License Text. You must duplicate this License in any documentation You provide along with the Source Code of any Extensions You create or to which You contribute, wherever You describe recipients' rights relating to Licensed Software. You must duplicate the notice contained in EXHIBIT A (the "Notice") in each file of the Source Code of any copy You distribute of the Licensed Software and Your Extensions. If You create an Extension, You may add Your name as a Contributor to the text file titled "CONTRIB" distributed with the Licensed Software along with a description of the contribution. If it is not possible to put the Notice in a particular Source Code file due to its structure, then You must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice.
b. Source Code Availability. You must notify Licensor within one (1) month of the date You initially Deploy of the availability of Source Code to Your Extensions and include in such notification the name under which you Deployed Your Extensions, a description of the Extensions, and instructions on how to acquire the Source Code, including instructions on how to acquire updates over time. Should such instructions change you must provide Licensor with revised instructions within one (1) month of the date of change. Should you be unable to notify Licensor directly, you must provide notification by posting to appropriate news groups, mailing lists, or web sites where a search engine would reasonably be expected to index them.
6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Software. However, You may do so only on Your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Licensor and every Contributor for any liability plus attorney fees, costs, and related expenses due to any such action or claim incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by virtue of being Derivative Works of another product or similar circumstance, fall under the terms of another license, the terms of that license should be honored however You must also make Your Extensions available under this License. If the terms of this License continue to conflict with the terms of the other license you may write the Licensor for permission to resolve the conflict in a fashion that remains consistent with the intent of this License. Such permission will be granted at the sole discretion of the Licensor.
7.0 Versions of This License. Licensor may publish from time to time revised and/or new versions of the License. Once Licensed Software has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Licensed Software under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Software created under this License.
7.1 If You create or use a modified version of this License, which You may do only in order to apply it to software that is not already Licensed Software under this License, You must rename Your license so that it is not confusingly similar to this License, and must make it clear that Your license contains terms that differ from this License. In so naming Your license, You may not use any trademark of Licensor or of any Contributor. Should Your modifications to this License be limited to alteration of EXHIBIT A purely for purposes of adjusting the Notice You require of licensees, You may continue to refer to Your License as the Reciprocal Public License or simply the RPL.
8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11.0 Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License which specifically disclaims warranties and limits any liability of the Licensor. This paragraph is to be used in conjunction with and controlled by the Disclaimer Of Warranties of Section 8, the Limitation Of Damages in Section 9, and the disclaimer against use for High Risk Activities in Section 10. The Licensor has thereby disclaimed all warranties and limited any damages that it is or may be liable for. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis consistent with the terms of this License including Sections 8, 9, and 10. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12.0 Termination. This License and all rights granted hereunder will terminate immediately in the event of the circumstances described in Section 13.6 or if applicable law prohibits or restricts You from fully and or specifically complying with Sections 3, 4 and/or 6, or prevents the enforceability of any of those Sections, and You must immediately discontinue any use of Licensed Software.
12.1 Automatic Termination Upon Breach. This License and the rights granted hereunder will terminate automatically if You fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Software that are properly granted shall survive any termination of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
12.2 Termination Upon Assertion of Patent Infringement. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom You file such an action is referred to herein as "Respondent") alleging that Licensed Software directly or indirectly infringes any patent, then any and all rights granted by such Respondent to You under Sections 3 or 4 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period You either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for Your past or future use of Licensed Software made by such Respondent, or (ii) withdraw Your litigation claim with respect to Licensed Software against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to You under Sections 3 and 4 automatically terminate at the expiration of said Notice Period.
12.3 Reasonable Value of This License. If You assert a patent infringement claim against Respondent alleging that Licensed Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 3 and 4 shall be taken into account in determining the amount or value of any payment or license.
12.4 No Retroactive Effect of Termination. In the event of termination under this Section all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
13.0 Miscellaneous.
13.1 U.S. Government End Users. The Licensed Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Software with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture, or any other form of legal association between or among You, Licensor, or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance, or otherwise.
13.3 Independent Development. Nothing in this License will impair Licensor's right to acquire, license, develop, subcontract, market, or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Extensions that You may develop, produce, market, or distribute.
13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
13.5 Severability. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Licensed Software due to statute, judicial order, or regulation, then You cannot use, modify, or distribute the software.
13.7 Export Restrictions. You may be restricted with respect to downloading or otherwise acquiring, exporting, or reexporting the Licensed Software or any underlying information or technology by United States and other applicable laws and regulations. By downloading or by otherwise obtaining the Licensed Software, You are agreeing to be responsible for compliance with all applicable laws and regulations.
13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by Colorado law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any dispute relating to this License shall be submitted to binding arbitration under the rules then prevailing of the American Arbitration Association. You further agree that Adams County, Colorado USA is proper venue and grant such arbitration proceeding jurisdiction as may be appropriate for purposes of resolving any dispute under this License. Judgement upon any award made in arbitration may be entered and enforced in any court of competent jurisdiction. The arbitrator shall award attorney's fees and costs of arbitration to the prevailing party. Should either party find it necessary to enforce its arbitration award or seek specific performance of such award in a civil court of competent jurisdiction, the prevailing party shall be entitled to reasonable attorney's fees and costs. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Software or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
13.9 Entire Agreement. This License constitutes the entire agreement between the parties with respect to the subject matter hereof.
EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy You distribute of the Licensed Software or any Extensions thereto, except as may be modified as allowed under the terms of Section 7.1
Copyright (C) 1999-2002 Technical Pursuit Inc., All Rights Reserved. Patent Pending, Technical Pursuit Inc.
Unless explicitly acquired and licensed from Licensor under the Technical Pursuit License ("TPL") Version 1.0 or greater, the contents of this file are subject to the Reciprocal Public License ("RPL") Version 1.1, or subsequent versions as allowed by the RPL, and You may not copy or use this file in either source code or executable form, except in compliance with the terms and conditions of the RPL.
You may obtain a copy of both the TPL and the RPL (the "Licenses") from Technical Pursuit Inc. at http://www.technicalpursuit.com.
All software distributed under the Licenses is provided strictly on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TECHNICAL PURSUIT INC. HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the Licenses for specific language governing rights and limitations under the Licenses.
Reciprocal Public License (RPL)
Version 1.5, July 15, 2007
Copyright (C) 2001-2007
Technical Pursuit Inc.,
All Rights Reserved.
LICENSE TERMS
1.0 General; Applicability & Definitions. This Reciprocal Public License Version 1.5 ("License") applies to any programs or other works as well as any and all updates or maintenance releases of said programs or works ("Software") not already covered by this License which the Software copyright holder ("Licensor") makes available containing a License Notice (hereinafter defined) from the Licensor specifying or allowing use or distribution under the terms of this License. As used in this License:
1.1 "Contributor" means any person or entity who created or contributed to the creation of an Extension.
1.2 "Deploy" means to use, Serve, sublicense or distribute Licensed Software other than for Your internal Research and/or Personal Use, and includes without limitation, any and all internal use or distribution of Licensed Software within Your business or organization other than for Research and/or Personal Use, as well as direct or indirect sublicensing or distribution of Licensed Software by You to any third party in any form or manner.
1.3 "Derivative Works" as used in this License is defined under U.S. copyright law.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data such as download from an FTP server or web site, where such mechanism is publicly accessible.
1.5 "Extensions" means any Modifications, Derivative Works, or Required Components as those terms are defined in this License.
1.6 "License" means this Reciprocal Public License.
1.7 "License Notice" means any notice contained in EXHIBIT A.
1.8 "Licensed Software" means any Software licensed pursuant to this License.
Licensed Software also includes all previous Extensions from any Contributor that You receive.
1.9 "Licensor" means the copyright holder of any Software previously not covered by this License who releases the Software under the terms of this License.
1.10 "Modifications" means any additions to or deletions from the substance or structure of (i) a file or other storage containing Licensed Software, or (ii) any new file or storage that contains any part of Licensed Software, or (iii) any file or storage which replaces or otherwise alters the original functionality of Licensed Software at runtime.
1.11 "Personal Use" means use of Licensed Software by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Licensed Software in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
1.12 "Required Components" means any text, programs, scripts, schema, interface definitions, control files, or other works created by You which are required by a third party of average skill to successfully install and run Licensed Software containing Your Modifications, or to install and run Your Derivative Works.
1.13 "Research" means investigation or experimentation for the purpose of understanding the nature and limits of the Licensed Software and its potential uses.
1.14 "Serve" means to deliver Licensed Software and/or Your Extensions by means of a computer network to one or more computers for purposes of execution of Licensed Software and/or Your Extensions.
1.15 "Software" means any computer programs or other works as well as any updates or maintenance releases of those programs or works which are distributed publicly by Licensor.
1.16 "Source Code" means the preferred form for making modifications to the Licensed Software and/or Your Extensions, including all modules contained therein, plus any associated text, interface definition files, scripts used to control compilation and installation of an executable program or other components required by a third party of average skill to build a running version of the Licensed Software or Your Extensions.
1.17 "User-Visible Attribution Notice" means any notice contained in EXHIBIT B.
1.18 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2.0 Acceptance Of License. You are not required to accept this License since you have not signed it, however nothing else grants you permission to use, copy, distribute, modify, or create derivatives of either the Software or any Extensions created by a Contributor. These actions are prohibited by law if you do not accept this License. Therefore, by performing any of these actions You indicate Your acceptance of this License and Your agreement to be bound by all its terms and conditions. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE. IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS LICENSE THEN YOU CAN NOT USE, MODIFY, CREATE DERIVATIVES, OR DISTRIBUTE THE SOFTWARE.
3.0 Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants You a world-wide, royalty-free, non- exclusive license, subject to Licensor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following:
3.1 Use, reproduce, modify, display, perform, sublicense and distribute Licensed Software and Your Extensions in both Source Code form or as an executable program.
3.2 Create Derivative Works (as that term is defined under U.S. copyright law) of Licensed Software by adding to or deleting from the substance or structure of said Licensed Software.
3.3 Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof.
3.4 Licensor reserves the right to release new versions of the Software with different features, specifications, capabilities, functions, licensing terms, general availability or other characteristics. Title, ownership rights, and intellectual property rights in and to the Licensed Software shall remain in Licensor and/or its Contributors.
4.0 Grant of License From Contributor. By application of the provisions in Section 6 below, each Contributor hereby grants You a world-wide, royalty- free, non-exclusive license, subject to said Contributor's intellectual property rights, and any third party intellectual property claims derived from the Licensed Software under this License, to do the following:
4.1 Use, reproduce, modify, display, perform, sublicense and distribute any Extensions Deployed by such Contributor or portions thereof, in both Source Code form or as an executable program, either on an unmodified basis or as part of Derivative Works.
4.2 Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, have made, and/or otherwise dispose of Extensions or portions thereof, but solely to the extent that any such claim is necessary to enable You to make, use, have made, and/or otherwise dispose of Licensed Software or portions thereof.
5.0 Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. Except as expressly stated in Sections 3 and 4, no other patent rights, express or implied, are granted herein. Your Extensions may require additional patent licenses from Licensor or Contributors which each may grant in its sole discretion. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Software. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
5.1 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Licensed Software set forth herein, no assurances are provided by Licensor or any Contributor that the Licensed Software does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Licensed Software, it is Your responsibility to acquire that license before distributing the Licensed Software.
6.0 Your Obligations And Grants. In consideration of, and as an express condition to, the licenses granted to You under this License You hereby agree that any Modifications, Derivative Works, or Required Components (collectively
Extensions) that You create or to which You contribute are governed by the terms of this License including, without limitation, Section 4. Any Extensions that You create or to which You contribute must be Deployed under the terms of this License or a future version of this License released under Section 7. You hereby grant to Licensor and all third parties a world-wide, non-exclusive, royalty-free license under those intellectual property rights You own or control to use, reproduce, display, perform, modify, create derivatives, sublicense, and distribute Licensed Software, in any form. Any Extensions You make and Deploy must have a distinct title so as to readily tell any subsequent user or Contributor that the Extensions are by You. You must include a copy of this License or directions on how to obtain a copy with every copy of the Extensions You distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Software, or its Extensions that alter or restrict the applicable version of this License or the recipients' rights hereunder.
6.1 Availability of Source Code. You must make available, under the terms of this License, the Source Code of any Extensions that You Deploy, via an Electronic Distribution Mechanism. The Source Code for any version that You Deploy must be made available within one (1) month of when you Deploy and must remain available for no less than twelve (12) months after the date You cease to Deploy. You are responsible for ensuring that the Source Code to each version You Deploy remains available even if the Electronic Distribution Mechanism is maintained by a third party. You may not charge a fee for any copy of the Source Code distributed under this Section in excess of Your actual cost of duplication and distribution of said copy.
6.2 Description of Modifications. You must cause any Modifications that You create or to which You contribute to be documented in the Source Code, clearly describing the additions, changes or deletions You made. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Software and include the names of the Licensor and any Contributor to the Licensed Software in (i) the Source Code and (ii) in any notice displayed by the Licensed Software You distribute or in related documentation in which You describe the origin or ownership of the Licensed Software. You may not modify or delete any pre-existing copyright notices, change notices or License text in the Licensed Software without written permission of the respective Licensor or Contributor.
6.3 Intellectual Property Matters.
a. Third Party Claims. If You have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, You must include a human-readable file with Your distribution that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact.
b. Contributor APIs. If Your Extensions include an application programming interface ("API") and You have knowledge of patent licenses that are reasonably necessary to implement that API, You must also include this information in a human-readable file supplied with Your distribution.
c. Representations. You represent that, except as disclosed pursuant to 6.3(a) above, You believe that any Extensions You distribute are Your original creations and that You have sufficient rights to grant the rights conveyed by this License.
6.4 Required Notices.
a. License Text. You must duplicate this License or instructions on how to acquire a copy in any documentation You provide along with the Source Code of any Extensions You create or to which You contribute, wherever You describe recipients' rights relating to Licensed Software.
b. License Notice. You must duplicate any notice contained in EXHIBIT A (the "License Notice") in each file of the Source Code of any copy You distribute of the Licensed Software and Your Extensions. If You create an Extension, You may add Your name as a Contributor to the Source Code and accompanying documentation along with a description of the contribution. If it is not possible to put the License Notice in a particular Source Code file due to its structure, then You must include such License Notice in a location where a user would be likely to look for such a notice.
c. Source Code Availability. You must notify the software community of the availability of Source Code to Your Extensions within one (1) month of the date You initially Deploy and include in such notification a description of the Extensions, and instructions on how to acquire the Source Code. Should such instructions change you must notify the software community of revised instructions within one (1) month of the date of change. You must provide notification by posting to appropriate news groups, mailing lists, weblogs, or other sites where a publicly accessible search engine would reasonably be expected to index your post in relationship to queries regarding the Licensed Software and/or Your Extensions.
d. User-Visible Attribution. You must duplicate any notice contained in EXHIBIT B (the "User-Visible Attribution Notice") in each user-visible display of the Licensed Software and Your Extensions which delineates copyright, ownership, or similar attribution information. If You create an Extension, You may add Your name as a Contributor, and add Your attribution notice, as an equally visible and functional element of any User-Visible Attribution Notice content. To ensure proper attribution, You must also include such User-Visible Attribution Notice in at least one location in the Software documentation where a user would be likely to look for such notice.
6.5 Additional Terms. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Software. However, You may do so only on Your own behalf, and not on behalf of the Licensor or any Contributor except as permitted under other agreements between you and Licensor or Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Licensor and every Contributor for any liability plus attorney fees, costs, and related expenses due to any such action or claim incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
6.6 Conflicts With Other Licenses. Where any portion of Your Extensions, by virtue of being Derivative Works of another product or similar circumstance, fall under the terms of another license, the terms of that license should be honored however You must also make Your Extensions available under this License. If the terms of this License continue to conflict with the terms of the other license you may write the Licensor for permission to resolve the conflict in a fashion that remains consistent with the intent of this License.
Such permission will be granted at the sole discretion of the Licensor.
7.0 Versions of This License. Licensor may publish from time to time revised versions of the License. Once Licensed Software has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Licensed Software under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Software created under this License.
7.1 If You create or use a modified version of this License, which You may do only in order to apply it to software that is not already Licensed Software under this License, You must rename Your license so that it is not confusingly similar to this License, and must make it clear that Your license contains terms that differ from this License. In so naming Your license, You may not use any trademark of Licensor or of any Contributor. Should Your modifications to this License be limited to alteration of a) Section 13.8 solely to modify the legal Jurisdiction or Venue for disputes, b) EXHIBIT A solely to define License Notice text, or c) to EXHIBIT B solely to define a User-Visible Attribution Notice, You may continue to refer to Your License as the Reciprocal Public License or simply the RPL.
8.0 Disclaimer of Warranty. LICENSED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
FURTHER THERE IS NO WARRANTY MADE AND ALL IMPLIED WARRANTIES ARE DISCLAIMED THAT THE LICENSED SOFTWARE MEETS OR COMPLIES WITH ANY DESCRIPTION OF PERFORMANCE OR OPERATION, SAID COMPATIBILITY AND SUITABILITY BEING YOUR RESPONSIBILITY. LICENSOR DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED, THAT ANY CONTRIBUTOR'S EXTENSIONS MEET ANY STANDARD OF COMPATIBILITY OR DESCRIPTION OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD LICENSED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. UNDER THE TERMS OF THIS LICENSOR WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. LICENSOR HAS NO KNOWLEDGE OF ERRANT CODE OR VIRUS IN THIS SOFTWARE, BUT DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM SUCH ERRORS OR VIRUSES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9.0 Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10.0 High Risk Activities. THE LICENSED SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). LICENSOR AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11.0 Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License which specifically disclaims warranties and limits any liability of the Licensor. This paragraph is to be used in conjunction with and controlled by the Disclaimer Of Warranties of Section 8, the Limitation Of Damages in Section 9, and the disclaimer against use for High Risk Activities in Section 10. The Licensor has thereby disclaimed all warranties and limited any damages that it is or may be liable for. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis consistent with the terms of this License including Sections 8, 9, and 10. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12.0 Termination. This License and all rights granted hereunder will terminate immediately in the event of the circumstances described in Section 13.6 or if applicable law prohibits or restricts You from fully and or specifically complying with Sections 3, 4 and/or 6, or prevents the enforceability of any of those Sections, and You must immediately discontinue any use of Licensed Software.
12.1 Automatic Termination Upon Breach. This License and the rights granted hereunder will terminate automatically if You fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Software that are properly granted shall survive any termination of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
12.2 Termination Upon Assertion of Patent Infringement. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom You file such an action is referred to herein as "Respondent") alleging that Licensed Software directly or indirectly infringes any patent, then any and all rights granted by such Respondent to You under Sections 3 or
4 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period You either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for Your past or future use of Licensed Software made by such Respondent, or (ii) withdraw Your litigation claim with respect to Licensed Software against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to You under Sections 3 and 4 automatically terminate at the expiration of said Notice Period.
12.3 Reasonable Value of This License. If You assert a patent infringement claim against Respondent alleging that Licensed Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 3 and 4 shall be taken into account in determining the amount or value of any payment or license.
12.4 No Retroactive Effect of Termination. In the event of termination under this Section all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
13.0 Miscellaneous.
13.1 U.S. Government End Users. The Licensed Software is a "commercial item,"
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Software with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture, or any other form of legal association between or among You, Licensor, or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance, or otherwise.
13.3 Independent Development. Nothing in this License will impair Licensor's right to acquire, license, develop, subcontract, market, or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Extensions that You may develop, produce, market, or distribute.
13.4 Consent To Breach Not Waiver. Failure by Licensor or Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
13.5 Severability. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
13.6 Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Licensed Software due to statute, judicial order, or regulation, then You cannot use, modify, or distribute the software.
13.7 Export Restrictions. You may be restricted with respect to downloading or otherwise acquiring, exporting, or reexporting the Licensed Software or any underlying information or technology by United States and other applicable laws and regulations. By downloading or by otherwise obtaining the Licensed Software, You are agreeing to be responsible for compliance with all applicable laws and regulations.
13.8 Arbitration, Jurisdiction & Venue. This License shall be governed by Colorado law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any dispute relating to this License shall be submitted to binding arbitration under the rules then prevailing of the American Arbitration Association. You further agree that Adams County, Colorado USA is proper venue and grant such arbitration proceeding jurisdiction as may be appropriate for purposes of resolving any dispute under this License. Judgement upon any award made in arbitration may be entered and enforced in any court of competent jurisdiction. The arbitrator shall award attorney's fees and costs of arbitration to the prevailing party. Should either party find it necessary to enforce its arbitration award or seek specific performance of such award in a civil court of competent jurisdiction, the prevailing party shall be entitled to reasonable attorney's fees and costs. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Software or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
13.9 Entire Agreement. This License constitutes the entire agreement between the parties with respect to the subject matter hereof.
EXHIBIT A
The License Notice below must appear in each file of the Source Code of any copy You distribute of the Licensed Software or any Extensions thereto:
Unless explicitly acquired and licensed from Licensor under another license, the contents of this file are subject to the Reciprocal Public License ("RPL") Version 1.5, or subsequent versions as allowed by the RPL, and You may not copy or use this file in either source code or executable form, except in compliance with the terms and conditions of the RPL.
All software distributed under the RPL is provided strictly on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND LICENSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. See the RPL for specific language governing rights and limitations under the RPL.
EXHIBIT B
The User-Visible Attribution Notice below, when provided, must appear in each user-visible display as defined in Section 6.4 (d):
RealNetworks Public Source License Version 1.0
(Rev. Date October 28, 2002)
1. General Definitions. This License applies to any program or other work which
RealNetworks, Inc., or any other entity that elects to use this license,
("Licensor") makes publicly available and which contains a notice placed by
Licensor identifying such program or work as "Original Code" and stating that it
is subject to the terms of this RealNetworks Public Source License version 1.0
(or subsequent version thereof) ("License"). You are not required to accept this
License. However, nothing else grants You permission to use, copy, modify or
distribute the software or its derivative works. These actions are prohibited by
law if You do not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You indicate your
acceptance of this License to do so, and all its terms and conditions. In
addition, you agree to the terms of this License by clicking the Accept button
or downloading the software. As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is the
grantor of rights, claims of patents that (i) are now or hereafter acquired,
owned by or assigned to Licensor and (ii) are necessarily infringed by using or
making the Original Code alone and not in combination with other software or
hardware; and (b) in the case where You are the grantor of rights, claims of
patents that (i) are now or hereafter acquired, owned by or assigned to You and
(ii) are infringed (directly or indirectly) by using or making Your
Modifications, taken alone or in combination with Original Code.
1.2 "Compatible Source License" means any one of the licenses listed on Exhibit
B or at https://www.helixcommunity.org/content/complicense or other licenses
specifically identified by Licensor in writing. Notwithstanding any term to the
contrary in any Compatible Source License, any code covered by any Compatible
Source License that is used with Covered Code must be made readily available in
Source Code format for royalty-free use under the terms of the Compatible Source
License or this License.
1.3 "Contributor" means any person or entity that creates or contributes to the
creation of Modifications.
1.4 "Covered Code" means the Original Code, Modifications, the combination of
Original Code and any Modifications, and/or any respective portions thereof.
1.5 "Deploy" means to use, sublicense or distribute Covered Code other than for
Your internal research and development (R&D) and/or Personal Use, and includes
without limitation, any and all internal use or distribution of Covered Code
within Your business or organization except for R&D use and/or Personal Use, as
well as direct or indirect sublicensing or distribution of Covered Code by You
to any third party in any form or manner.
1.6 "Derivative Work" means either the Covered Code or any derivative work under
United States copyright law, and including any work containing or including any
portion of the Covered Code or Modifications, either verbatim or with
modifications and/or translated into another language. Derivative Work also
includes any work which combines any portion of Covered Code or Modifications
with code not otherwise governed by the terms of this License.
1.7 "Externally Deploy" means to Deploy the Covered Code in any way that may be
accessed or used by anyone other than You, used to provide any services to
anyone other than You, or used in any way to deliver any content to anyone other
than You, whether the Covered Code is distributed to those parties, made
available as an application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than You.
1.8. "Interface" means interfaces, functions, properties, class definitions,
APIs, header files, GUIDs, V-Tables, and/or protocols allowing one piece of
software, firmware or hardware to communicate or interoperate with another piece
of software, firmware or hardware.
1.9 "Modifications" mean any addition to, deletion from, and/or change to, the
substance and/or structure of the Original Code, any previous Modifications, the
combination of Original Code and any previous Modifications, and/or any
respective portions thereof. When code is released as a series of files, a
Modification is: (a) any addition to or deletion from the contents of a file
containing Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.10 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Licensor under this License, including the Source
Code of any updates or upgrades to such programs or works made available by
Licensor under this License, and that has been expressly identified by Licensor
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Licensor under this
License.
1.11 "Personal Use" means use of Covered Code by an individual solely for his or
her personal, private and non-commercial purposes. An individual's use of
Covered Code in his or her capacity as an officer, employee, member, independent
contractor or agent of a corporation, business or organization (commercial or
non-commercial) does not qualify as Personal Use.
1.12 "Source Code" means the human readable form of a program or other work that
is suitable for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an executable (object code).
1.13 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b) ownership of
fifty percent (50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and
conditions of this License, Licensor hereby grants You, effective on the date
You accept this License (via downloading or using Covered Code or otherwise
indicating your acceptance of this License), a worldwide, royalty-free,
non-exclusive copyright license, to the extent of Licensor's copyrights cover
the Original Code, to do the following:
2.1 You may reproduce, display, perform, modify and Deploy Covered Code,
provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Licensor as they appear in the
Original Code, and keep intact all notices in the Original Code that refer to
this License;
(b) You must include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer or impose
any terms on such Source Code that alter or restrict this License or the
recipients' rights hereunder, except as permitted under Section 6;
(c) You must duplicate, to the extent it does not already exist, the notice in
Exhibit A in each file of the Source Code of all Your Modifications, and cause
the modified files to carry prominent notices stating that You changed the files
and the date of any change;
(d) You must make Source Code of all Your Externally Deployed Modifications
publicly available under the terms of this License, including the license grants
set forth in Section 3 below, for as long as you Deploy the Covered Code or
twelve (12) months from the date of initial Deployment, whichever is longer. You
should preferably distribute the Source Code of Your Deployed Modifications
electronically (e.g. download from a web site); and
(e) if You Deploy Covered Code in object code, executable form only, You must
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is available under
the terms of this License with information on how and where to obtain such
Source Code. You must also include the Object Code Notice set forth in Exhibit A
in the "about" box or other appropriate place where other copyright notices are
placed, including any packaging materials.
2.2 You expressly acknowledge and agree that although Licensor and each
Contributor grants the licenses to their respective portions of the Covered Code
set forth herein, no assurances are provided by Licensor or any Contributor that
the Covered Code does not infringe the patent or other intellectual property
rights of any other entity. Licensor and each Contributor disclaim any liability
to You for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, You hereby assume sole responsibility to
secure any other intellectual property rights needed, if any. For example, if a
third party patent license is required to allow You to make, use, sell, import
or offer for sale the Covered Code, it is Your responsibility to acquire such
license(s).
2.3 Subject to the terms and conditions of this License, Licensor hereby grants
You, effective on the date You accept this License (via downloading or using
Covered Code or otherwise indicating your acceptance of this License), a
worldwide, royalty-free, perpetual, non-exclusive patent license under
Licensor's Applicable Patent Rights to make, use, sell, offer for sale and
import the Covered Code, provided that in each instance you comply with the
terms of this License.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License:
(a) You grant to Licensor and all third parties a non-exclusive, perpetual,
irrevocable, royalty free license under Your Applicable Patent Rights and other
intellectual property rights owned or controlled by You, to make, sell, offer
for sale, use, import, reproduce, display, perform, modify, distribute and
Deploy Your Modifications of the same scope and extent as Licensor's licenses
under Sections 2.1 and 2.2; and
(b) You grant to Licensor and its subsidiaries a non-exclusive, worldwide,
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
Rights and other intellectual property rights owned or controlled by You, to
make, use, sell, offer for sale, import, reproduce, display, perform,
distribute, modify or have modified (for Licensor and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form and for any purpose,
through multiple tiers of distribution.
(c) You agree not use any information derived from Your use and review of the
Covered Code, including but not limited to any algorithms or inventions that may
be contained in the Covered Code, for the purpose of asserting any of Your
patent rights, or assisting a third party to assert any of its patent rights,
against Licensor or any Contributor.
4. Derivative Works. You may create a Derivative Work by combining Covered Code
with other code not otherwise governed by the terms of this License and
distribute the Derivative Work as an integrated product. In each such instance,
You must make sure the requirements of this License are fulfilled for the
Covered Code or any portion thereof, including all Modifications.
4.1 You must cause any Derivative Work that you distribute, publish or
Externally Deploy, that in whole or in part contains or is derived from the
Covered Code or any part thereof, to be licensed as a whole at no charge to all
third parties under the terms of this License and no other license except as
provided in Section 4.2. You also must make Source Code available for the
Derivative Work under the same terms as Modifications, described in Sections 2
and 3, above.
4.2 Compatible Source Licenses. Software modules that have been independently
developed without any use of Covered Code and which contain no portion of the
Covered Code, Modifications or other Derivative Works, but are used or combined
in any way wtih the Covered Code or any Derivative Work to form a larger
Derivative Work, are exempt from the conditions described in Section 4.1 but
only to the extent that: the software module, including any software that is
linked to, integrated with, or part of the same applications as, the software
module by any method must be wholly subject to one of the Compatible Source
Licenses. Notwithstanding the foregoing, all Covered Code must be subject to the
terms of this License. Thus, the entire Derivative Work must be licensed under a
combination of the RPSL (for Covered Code) and a Compatible Source License for
any independently developed software modules within the Derivative Work. The
foregoing requirement applies even if the Compatible Source License would
ordinarily allow the software module to link with, or form larger works with,
other software that is not subject to the Compatible Source License. For
example, although the Mozilla Public License v1.1 allows Mozilla code to be
combined with proprietary software that is not subject to the MPL, if
MPL-licensed code is used with Covered Code the MPL-licensed code could not be
combined or linked with any code not governed by the MPL. The general intent of
this section 4.2 is to enable use of Covered Code with applications that are
wholly subject to an acceptable open source license. You are responsible for
determining whether your use of software with Covered Code is allowed under Your
license to such software.
4.3 Mere aggregation of another work not based on the Covered Code with the
Covered Code (or with a work based on the Covered Code) on a volume of a storage
or distribution medium does not bring the other work under the scope of this
License. If You deliver the Covered Code for combination and/or integration with
an application previously provided by You (for example, via automatic updating
technology), such combination and/or integration constitutes a Derivative Work
subject to the terms of this License.
5. Exclusions From License Grant. Nothing in this License shall be deemed to
grant any rights to trademarks, copyrights, patents, trade secrets or any other
intellectual property of Licensor or any Contributor except as expressly stated
herein. No right is granted to the trademarks of Licensor or any Contributor
even if such marks are included in the Covered Code. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under different terms
from this License any code that Licensor otherwise would have a right to
license. Modifications, Derivative Works and/or any use or combination of
Covered Code with other technology provided by Licensor or third parties may
require additional patent licenses from Licensor which Licensor may grant in its
sole discretion. No patent license is granted separate from the Original Code or
combinations of the Original Code with other software or hardware.
5.1. Trademarks. This License does not grant any rights to use the trademarks or
trade names owned by Licensor ("Licensor Marks" defined in Exhibit C) or to any
trademark or trade name belonging to any Contributor. No Licensor Marks may be
used to endorse or promote products derived from the Original Code other than as
permitted by the Licensor Trademark Policy defined in Exhibit C.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent with
the scope of the license granted herein ("Additional Terms") to one or more
recipients of Covered Code. However, You may do so only on Your own behalf and
as Your sole responsibility, and not on behalf of Licensor or any Contributor.
You must obtain the recipient's agreement that any such Additional Terms are
offered by You alone, and You hereby agree to indemnify, defend and hold
Licensor and every Contributor harmless for any liability incurred by or claims
asserted against Licensor or such Contributor by reason of any such Additional
Terms.
7. Versions of the License. Licensor may publish revised and/or new versions of
this License from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular version
of this License, You may continue to use it under the terms of that version. You
may also choose to use such Original Code under the terms of any subsequent
version of this License published by Licensor. No one other than Licensor has
the right to modify the terms applicable to Covered Code created under this
License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF
ANY KIND AND LICENSOR AND LICENSOR'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
"LICENSOR" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR
WRITTEN DOCUMENTATION, INFORMATION OR ADVICE GIVEN BY LICENSOR, A LICENSOR
AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You
acknowledge that the Covered Code is not intended for use in high risk
activities, including, but not limited to, the design, construction, operation
or maintenance of nuclear facilities, aircraft navigation, aircraft
communication systems, or air traffic control machines in which case the failure
of the Covered Code could lead to death, personal injury, or severe physical or
environmental damage. Licensor disclaims any express or implied warranty of
fitness for such uses.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL LICENSOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR
YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR SUCH
CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall Licensor's total liability to You for all damages (other than as may be
required by applicable law) under this License exceed the amount of ten dollars
($10.00).
10. Ownership. Subject to the licenses granted under this License, each
Contributor retains all rights, title and interest in and to any Modifications
made by such Contributor. Licensor retains all rights, title and interest in and
to the Original Code and any Modifications made by or on behalf of Licensor
("Licensor Modifications"), and such Licensor Modifications will not be
automatically subject to this License. Licensor may, at its sole discretion,
choose to license such Licensor Modifications under this License, or on
different terms from those contained in this License or may choose not to
license them at all.
11. Termination.
11.1 Term and Termination. The term of this License is perpetual unless
terminated as provided below. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Licensor if You fail to comply with any
term(s) of this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 12.5(b);
or
(c) automatically without notice from Licensor if You, at any time during the
term of this License, commence an action for patent infringement against
Licensor (including by cross-claim or counter claim in a lawsuit);
(d) upon written notice from Licensor if You, at any time during the term of
this License, commence an action for patent infringement against any third party
alleging that the Covered Code itself (excluding combinations with other
software or hardware) infringes any patent (including by cross-claim or counter
claim in a lawsuit).
11.2 Effect of Termination. Upon termination, You agree to immediately stop any
further use, reproduction, modification, sublicensing and distribution of the
Covered Code and to destroy all copies of the Covered Code that are in your
possession or control. All sublicenses to the Covered Code which have been
properly granted prior to termination shall survive any termination of this
License. Provisions which, by their nature, should remain in effect beyond the
termination of this License shall survive, including but not limited to Sections
3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for
compensation, indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this License will
be without prejudice to any other right or remedy of any party.
12. Miscellaneous.
12.1 Government End Users. The Covered Code is a "commercial item" as defined in
FAR 2.101. Government software and technical data rights in the Covered Code
include only those rights customarily provided to the public as defined in this
License. This customary commercial license in technical data and software is
provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End Users
acquire Covered Code with only those rights set forth herein.
12.2 Relationship of Parties. This License will not be construed as creating an
agency, partnership, joint venture or any other form of legal association
between or among You, Licensor or any Contributor, and You will not represent to
the contrary, whether expressly, by implication, appearance or otherwise.
12.3 Independent Development. Nothing in this License will impair Licensor's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions as,
or otherwise compete with, Modifications, Derivative Works, technology or
products that You may develop, produce, market or distribute.
12.4 Waiver; Construction. Failure by Licensor or any Contributor to enforce any
provision of this License will not be deemed a waiver of future enforcement of
that or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not apply to
this License.
12.5 Severability. (a) If for any reason a court of competent jurisdiction finds
any provision of this License, or portion thereof, to be unenforceable, that
provision of the License will be enforced to the maximum extent permissible so
as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and effect. (b) Notwithstanding the
foregoing, if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
12.6 Dispute Resolution. Any litigation or other dispute resolution between You
and Licensor relating to this License shall take place in the Seattle,
Washington, and You and Licensor hereby consent to the personal jurisdiction of,
and venue in, the state and federal courts within that District with respect to
this License. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded.
12.7 Export/Import Laws. This software is subject to all export and import laws
and restrictions and regulations of the country in which you receive the Covered
Code and You are solely responsible for ensuring that You do not export,
re-export or import the Covered Code or any direct product thereof in violation
of any such restrictions, laws or regulations, or without all necessary
authorizations.
12.8 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof. This
License shall be governed by the laws of the United States and the State of
Washington.
Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exigé
que le présent contrat et tous les documents connexes soient
rédigés en anglais.
EXHIBIT A.
"Copyright © 1995-2002
RealNetworks, Inc. and/or its licensors. All Rights Reserved.
The contents of this file, and the files included with this file, are subject to
the current version of the RealNetworks Public Source License Version 1.0 (the
"RPSL") available at https://www.helixcommunity.org/content/rpsl unless you have
licensed the file under the RealNetworks Community Source License Version 1.0
(the "RCSL") available at https://www.helixcommunity.org/content/rcsl, in which
case the RCSL will apply. You may also obtain the license terms directly from
RealNetworks. You may not use this file except in compliance with the RPSL or,
if you have a valid RCSL with RealNetworks applicable to this file, the RCSL.
Please see the applicable RPSL or RCSL for the rights, obligations and
limitations governing use of the contents of the file.
This file is part of the Helix DNA Technology. RealNetworks is the developer of
the Original code and owns the copyrights in the portions it created.
This file, and the files included with this file, is distributed and made
available on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Contributor(s):
Technology Compatibility Kit Test
Suite(s) Location (if licensed under the RCSL):
Object Code Notice: Helix DNA Client technology included. Copyright (c)
RealNetworks, Inc., 1995-2002. All rights reserved.
EXHIBIT B
Compatible Source Licenses for the RealNetworks Public Source License. The
following list applies to the most recent version of the license as of October
25, 2002, unless otherwise indicated.
* Academic Free License
* Apache Software License
* Apple Public Source License
* Artistic license
* Attribution Assurance Licenses
* BSD license
* Common Public License (1)
* Eiffel Forum License
* GNU General Public License (GPL) (1)
* GNU Library or "Lesser" General Public License (LGPL) (1)
* IBM Public License
* Intel Open Source License
* Jabber Open Source License
* MIT license
* MITRE Collaborative Virtual Workspace License (CVW License)
* Motosoto License
* Mozilla Public License 1.0 (MPL)
* Mozilla Public License 1.1 (MPL)
* Nokia Open Source License
* Open Group Test Suite License
* Python Software Foundation License
* Ricoh Source Code Public License
* Sun Industry Standards Source License (SISSL)
* Sun Public License
* University of Illinois/NCSA Open Source License
* Vovida Software License v. 1.0
* W3C License
* X.Net License
* Zope Public License
* zlib/libpng license
(1) Note: because this license contains certain reciprocal licensing terms that
purport to extend to independently developed code, You may be prohibited under
the terms of this otherwise compatible license from using code licensed under
its terms with Covered Code because Covered Code may only be licensed under the
RealNetworks Public Source License. Any attempt to apply non RPSL license terms,
including without limitation the GPL, to Covered Code is expressly forbidden.
You are responsible for ensuring that Your use of Compatible Source Licensed
code does not violate either the RPSL or the Compatible Source License.
The latest version of this list can be found at:
https://www.helixcommunity.org/content/complicense
EXHIBIT C
RealNetworks' Trademark policy.
RealNetworks defines the following trademarks collectively as "Licensor
Trademarks": "RealNetworks", "RealPlayer", "RealJukebox", "RealSystem",
"RealAudio", "RealVideo", "RealOne Player", "RealMedia", "Helix" or any other
trademarks or trade names belonging to RealNetworks.
RealNetworks "Licensor Trademark Policy" forbids any use of Licensor Trademarks
except as permitted by and in strict compliance at all times with RealNetworks'
third party trademark usage guidelines which are posted at
http://www.realnetworks.com/info/helixlogo.html.
FLOSS License Exception
=======================
(Adapted from http://www.mysql.com/company/legal/licensing/foss-exception.html)
I want specified Free/Libre and Open Source Software ("FLOSS")
applications to be able to use specified GPL-licensed RRDtool
libraries (the "Program") despite the fact that not all FLOSS licenses are
compatible with version 2 of the GNU General Public License (the "GPL").
As a special exception to the terms and conditions of version 2.0 of the GPL:
You are free to distribute a Derivative Work that is formed entirely from
the Program and one or more works (each, a "FLOSS Work") licensed under one
or more of the licenses listed below, as long as:
1. You obey the GPL in all respects for the Program and the Derivative
Work, except for identifiable sections of the Derivative Work which are
not derived from the Program, and which can reasonably be considered
independent and separate works in themselves,
2. all identifiable sections of the Derivative Work which are not derived
from the Program, and which can reasonably be considered independent and
separate works in themselves,
1. are distributed subject to one of the FLOSS licenses listed
below, and
2. the object code or executable form of those sections are
accompanied by the complete corresponding machine-readable source
code for those sections on the same medium and under the same FLOSS
license as the corresponding object code or executable forms of
those sections, and
3. any works which are aggregated with the Program or with a Derivative
Work on a volume of a storage or distribution medium in accordance with
the GPL, can reasonably be considered independent and separate works in
themselves which are not derivatives of either the Program, a Derivative
Work or a FLOSS Work.
If the above conditions are not met, then the Program may only be copied,
modified, distributed or used under the terms and conditions of the GPL.
FLOSS License List
==================
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 1.0/1.1/2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1
IBM Public License, Version 1.0
Jabber Open Source License 1.0
MIT License (As listed in file MIT-License.txt) -
Mozilla Public License (MPL) 1.0/1.1
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.01
Python license (CNRI Python License) -
Python Software Foundation License 2.1.1
Sleepycat License "1999"
W3C License "2001"
X11 License "2001"
Zlib/libpng License -
Zope Public License 2.0/2.1
RSA Data Security, Inc. makes no representations concerning either
the merchantability of this software or the suitability of this
software for any particular purpose. It is provided "as is"
without express or implied warranty of any kind.
These notices must be retained in any copies of any part of this
documentation and/or software.
DISCLAIMER
Regarding the header / include files:
License to copy and use this software is granted provided that it is identified as "RSA Security Inc. PKCS #11 Cryptographic Token Interface (Cryptoki)" in all material mentioning or referencing this software or this function.
License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Security Inc. PKCS #11 Cryptographic Token Interface (Cryptoki)" in all material mentioning or referencing the derived work.
This software is provided "AS IS" and RSA Security, Inc. disclaims all warranties including but not limited to the implied warranty of merchantability, fitness for a particular purpose, and noninfringement.
Regarding reference implementations:
RSA Laboratories is providing links to external reference implementations for the benefit of PKCS #11 developers. RSA Laboratories has not verified or reviewed these implementations and therefore can make no statement regarding their conformance to the current PKCS #11 specification. RSA Laboratories also makes no representations regarding intellectual property coverage or ownership of the reference implementations. The implementations may also be subject to regulations on the import, export and/or use of cryptography. Resolution of these issues is the responsibility of the user.
This file is used to demonstrate how to interface to an
RSA Data Security, Inc. licensed development product.
You have a royalty-free right to use, modify, reproduce and
distribute this demonstration file (including any modified
version), provided that you agree that RSA Data Security,
Inc. has no warranty, implied or otherwise, or liability
for this demonstration file or any modified version.
License to copy and use this software is granted for non-commercial Internet Privacy-Enhanced Mail provided that it is identified as the "RSA Data Security, Inc. MD2 Message Digest Algorithm" in all material mentioning or referencing this software or this function.
RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind.
These notices must be retained in any copies of any part of this documentation and/or software.
License to copy and use this software is granted provided that it
is identified as the "RSA Data Security, Inc. MD4 Message-Digest
Algorithm" in all material mentioning or referencing this software
or this function.
License is also granted to make and use derivative works provided
that such works are identified as "derived from the RSA Data
Security, Inc. MD4 Message-Digest Algorithm" in all material
mentioning or referencing the derived work.
RSA Data Security, Inc. makes no representations concerning either
the merchantability of this software or the suitability of this
software for any particular purpose. It is provided "as is"
without express or implied warranty of any kind.
These notices must be retained in any copies of any part of this
documentation and/or software.
License to copy and use this software is granted provided that it
is identified as the "RSA Data Security, Inc. MD5 Message-Digest
Algorithm" in all material mentioning or referencing this software
or this function.
License is also granted to make and use derivative works provided
that such works are identified as "derived from the RSA Data
Security, Inc. MD5 Message-Digest Algorithm" in all material
mentioning or referencing the derived work.
RSA Data Security, Inc. makes no representations concerning either
the merchantability of this software or the suitability of this
software for any particular purpose. It is provided "as is"
without express or implied warranty of any kind.
These notices must be retained in any copies of any part of this
documentation and/or software.
The text of this license is secured, and may be viewed at
https://www.emc.com/collateral/legal/shrinkwrap-license-combined.pdf
Redis Source Available License 2.0 (RSALv2) Agreement
Last Update: November 15, 2022
Acceptance
By using the software, you agree to all of the terms and conditions below.
Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations and conditions below.
Limitations
You may not make the functionality of the software or a modified version available to third parties as a service, or distribute the software or a modified version in a manner that makes the functionality of the software available to third parties.
Making the functionality of the software or modified version available to third parties includes, without limitation, enabling third parties to interact with the functionality of the software or modified version in distributed form or remotely through a computer network, offering a product or service the value of which entirely or primarily derives from the value of the software or modified version, or offering a product or service that accomplishes for users the primary purpose of the software or modified version.
You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the software. Any use of the licensor’s trademarks is subject to applicable law.
Patents
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the software, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the software. If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
Notices
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms.
If you modify the software, you must include in any modified copies of the software prominent notices stating that you have modified the software.
No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
Termination
If you use the software in violation of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violations of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.
No Liability
As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.
Definitions
The licensor is the entity offering these terms, and the software is the software the licensor makes available under these terms, including any portion of it.
To modify a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission other than making an exact copy. The resulting work is called a modified version of the earlier work.
you refers to the individual or entity agreeing to these terms.
your company is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization.
control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
your licenses are all the licenses granted to you for the software under these terms.
use means anything you do with the software requiring one of your licenses.
trademark means trademarks, service marks, and similar rights.
RTEMS License
RTEMS is free software; you can redistribute it and/or modify it under terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option) any later version. RTEMS is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with RTEMS; see file COPYING. If not, write to the Free Software Foundation, 675 Mass Ave, Cambridge, MA 02139, USA.
As a special exception, including RTEMS header files in a file, instantiating RTEMS generics or templates, or linking other files with RTEMS objects to produce an executable application, does not by itself cause the resulting executable application to be covered by the GNU General Public License. This exception does not however invalidate any other reasons why the executable file might be covered by the GNU Public License.
This software is provided AS IS. No warranty is granted,
neither expressed nor implied. USE THIS SOFTWARE AT YOUR OWN RISK.
NO REPRESENTATION OF MERCHANTABILITY or FITNESS FOR ANY
PURPOSE is given.
License to use this software is limited by the following terms:
1) This code may be used in any program, including programs developed
for commercial purposes, provided that this notice is included verbatim.
Also, in return for using this code, please attempt to make your fixes and
updates available in some way, such as by sending your updates to the
author.
This software may be redistributed freely for this purpose, in full
or in part, provided that this entire copyright notice is included
on any copies of this software and applications and derivations thereof.
This software is provided on an "as is" basis, without warranty of any
kind, either expressed or implied, as to any matter including, but not
limited to warranty of fitness of purpose, or merchantability, or
results obtained from use of this software.
1. You may make and give away verbatim copies of the source form of the
software without restriction, provided that you duplicate all of the
original copyright notices and associated disclaimers.
2. You may modify your copy of the software in any way, provided that
you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise
make them Freely Available, such as by posting said
modifications to Usenet or an equivalent medium, or by allowing
the author to include your modifications in the software.
b) use the modified software only within your corporation or
organization.
c) give non-standard binaries non-standard names, with
instructions on where to get the original software distribution.
d) make other distribution arrangements with the author.
3. You may distribute the software in object code or binary form,
provided that you do at least ONE of the following:
a) distribute the binaries and library files of the software,
together with instructions (in the manual page or equivalent)
on where to get the original distribution.
b) accompany the distribution with the machine-readable source of
the software.
c) give non-standard binaries non-standard names, with
instructions on where to get the original software distribution.
d) make other distribution arrangements with the author.
4. You may modify and include the part of the software into any other
software (possibly commercial). But some files in the distribution
are not written by the author, so that they are not under these terms.
For the list of those files and their copying conditions, see the
file LEGAL.
5. The scripts and library files supplied as input to or produced as
output from the software do not automatically fall under the
copyright of the software, but belong to whomever generated them,
and may be sold commercially, and may be aggregated with this
software.
6. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Terms & Conditions
PLEASE READ THIS CAREFULLY BEFORE USING MATERIALS:
A IMPORTANT PROVISIONS
YOUR ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF CLAUSE 10.2 OF THE FOLLOWING LICENCE AGREEMENT.
PLEASE READ THIS CAREFULLY BEFORE USING MATERIALS:
A IMPORTANT PROVISIONS
YOUR ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF CLAUSE 10.2 OF THE FOLLOWING LICENCE AGREEMENT.
B PROPERTY OF SourceGuardian Ltd
YOU MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT EITHER BY DOWNLOADING IT REMOTELY FROM OUR SERVER OR BY COPYING IT FROM AN AUTHORISED DISKETTE, CD-ROM OR OTHER MEDIA ('HARD MEDIA'). THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS RUBYENCODER SOFTWARE PRODUCT (THE 'MATERIALS'), TOGETHER WITH THE HARD MEDIA ON WHICH THEY WERE SUPPLIED TO YOU, ARE AND REMAIN THE PROPERTY OF SourceGuardian Ltd LIMITED ('SourceGuardian Ltd'). YOU ARE LICENSED TO USE THEM ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.
C LICENSE ACCEPTANCE PROCEDURE
BY CLICKING ON THE ACCEPTANCE BUTTON WHICH FOLLOWS THIS LICENCE AGREEMENT (MARKED 'I ACCEPT'), YOU INDICATE ACCEPTANCE OF THIS LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT ('CORPORATE LICENSEE'). IN THIS LICENCE AGREEMENT, 'YOU' INCLUDES BOTH THE READER AND ANY CORPORATE LICENSEE.
D LICENSE REJECTION PROCEDURE
YOU SHOULD THEREFORE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE 'REJECT' BUTTON, DELETE THE MATERIALS FROM YOUR COMPUTER AND PROMPTLY (AND IN ANY EVENT, WITHIN 14 DAYS OF RECEIPT) RETURN TO SourceGuardian Ltd OR A LICENSED RESELLER (A) THE HARD MEDIA; (B) ANY OTHER ITEMS PROVIDED THAT ARE PART OF THIS PRODUCT; AND (C) YOUR DATED PROOF OF PURCHASE. ANY MONEY YOU PAID TO SourceGuardian Ltd OR AN SourceGuardian Ltd RESELLER FOR THE MATERIALS WILL BE REFUNDED LESS ANY CREDIT CARD TRANSACTION FEE INCURRED BY SourceGuardian Ltd.
E OTHER AGREEMENTS
IF YOUR USE OF THESE PROGRAMS AND DATA IS PURSUANT TO AN EXECUTED LICENCE AGREEMENT, SUCH AGREEMENT SHALL APPLY INSTEAD OF THE FOLLOWING TERMS AND CONDITIONS.
LICENSE AGREEMENT AND LIMITED WARRANTY
1. Ownership of materials and copies
The Materials and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. SourceGuardian Ltd retains ownership of the Materials and all subsequent copies of the Materials, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or any copies.
2. Licence
2.1. Evaluation Licence
If you have received an evaluation version of the Materials, SourceGuardian Ltd hereby grants to you, strictly for your own internal business purposes (and subject to the other terms and conditions of this Licence Agreement), a limited, non-exclusive licence for a single user to:
2.1.1. install the Materials for use on a single computer owned, leased and/or controlled by you for an evaluation period of 14 days;
2.1.2. make a single copy of the Materials for back-up, archival or other security purposes.
2.2. Full Licence
Provided that you have paid the applicable licence fee (and subject to the other terms and conditions of this Licence Agreement), SourceGuardian Ltd hereby grants to you, strictly for your own internal business purposes, a limited, non-exclusive licence for a single user to:
2.2.1. install the Materials for use on a single computer owned, leased and/or controlled by you;
2.2.2. make a single copy of the Materials for back-up, archival or other security purposes.
2.2.3 Use RubyEncoder for development, testing, training and demonstration purposes and for the purpose of providing services to end users.
2.3 Subject to the remaining provisions of this Licence SourceGuardian Ltd grants to the Licensee a world-wide, royalty free, non-exclusive, licence to permit the Licensee to do the following things in relation to the Loader (being defined as the software program made available on the RubyEncoder website at www.rubyencoder.com in object code form that facilitates the conversion of scripts encoded with RubyEncodser to readable form). The following permissions shall be deemed to apply to and cover any use of the Loaders prior to the effective date of this Licence Agreement.
2.3.1 Distribute free of charge and make copies of the Loader for non-revenue generating activities including but not limited to evaluation, development, demonstration, training purposes, test, verification as well as for end user support. All such copies shall be subject to the provisions of this Licence Agreement;
2.3.2 Merge, incorporate, install and integrate the Loader with any third party or Licensee software;
2.3.3 Use, distribute and market the Loader to end users provided always that end users are either (i) directed to the RubyEncoder website and agree to the terms of SourceGuardian Ltd’s free Loader Licence or (ii) are supplied with a copy of SourceGuardian Ltd’s free Loader Licence when the encoded files are supplied.
3. Limited Support
SourceGuardian Ltd shall make available to you (at such times and to such extent as SourceGuardian Ltd may, in its sole discretion, deem reasonable) limited email support services for a period of 6 months from the date of your first installation of the Materials. Without prejudice to the foregoing provisions of this clause 3 , such support services are, in any event, limited to your making a maximum of 20 requests for assistance during the support period.
4. License restrictions
You may not use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the Materials to another party or use the Materials on a different computer from that on which the Materials were originally installed except as provided herein or without obtaining SourceGuardian Ltd's prior written consent, your licence is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials, except as expressly permitted by the laws of England and Wales. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials.
5. No transfer
The Materials are licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Materials, on a temporary or permanent basis, nor use the same for remote hosting, ASP services, to act as a bureau or for time-sharing use without the prior written consent of SourceGuardian Ltd.
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You undertake to:
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6.2. reproduce and include our copyright notice (or such other party's copyright notice as specified on the Materials) on all and any copies of the Materials, including any partial copies of the Materials;
6.3. hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to the Materials confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without SourceGuardian Ltd's consent.
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7.1. Subject to the limitations and exclusions of liability below, SourceGuardian Ltd warrants that (a) the Hard Media on which the Materials are furnished will be free from material defects under normal use; and that (b) the copy of the program will materially conform to the documentation which accompanies the program. The Warranty Period is 90 days from the date of delivery to you.
7.2. SourceGuardian Ltd will also indemnify you for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees.
7.3. SourceGuardian Ltd shall not be liable under the said warranty above if the Materials fail to operate in accordance with the said warranty as a result of any modification, variation or addition to the Materials not performed by the SourceGuardian Ltd or caused by any abuse, corruption or incorrect use or installation of the Materials, including use of the Materials with equipment or other software which is incompatible.
8. No other warranties
8.1. The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Materials. Should the Materials prove defective, you (and not the SourceGuardian Ltd nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction.
8.2. SourceGuardian Ltd does not warrant that the Materials will meet your requirements or that its operation will be uninterrupted or error free.
9. Limitation of liability
SourceGuardian Ltd's entire liability and your exclusive remedy shall be:
9.1. the replacement of any Hard Media not meeting SourceGuardian Ltd's 'Limited Warranty' and which is returned to SourceGuardian Ltd together with dated proof of purchase; or
9.2. if, during the Warranty Period, SourceGuardian Ltd is unable to deliver replacement Hard Media which is free of material defects, you may terminate this Licence Agreement by returning the Materials to SourceGuardian Ltd and any money you paid to SourceGuardian Ltd for the Materials will be refunded less any credit card transaction fee incurred by SourceGuardian Ltd.
10. Exclusion of liability
10.1. Except in respect of personal injury or death caused directly by the negligence of SourceGuardian Ltd, in no event will SourceGuardian Ltd be liable to you or any third party for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Materials, even if SourceGuardian Ltd has been advised of the possibility of such damages. Nothing in this Licence Agreement limits liability for fraudulent misrepresentation.
10.2. Without prejudice to any other provisions of this Licence Agreement you hereby expressly acknowledge that encryption software is not infallible and that third parties may develop and employ methods to circumvent the Materials and you agree that SourceGuardian Ltd shall have no liability to you or any third party in such circumstances.
11. Your statutory rights
This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Licence Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (ie a purchaser for private as opposed to business, academic or government use) are not affected.
12. Term
The licence is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Licence Agreement or if you fail to comply with any term or condition of this Licence Agreement or if you voluntarily return the Materials to us. You agree upon such termination to destroy the Materials together with all copies in any form.
13. Export
You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Materials were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Materials or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.
14. General
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14.2. This Licence Agreement constitutes the complete and exclusive statement of the Agreement between SourceGuardian Ltd and you with respect to the subject matter of this Licence Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
14.3. Any clause in this Licence Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Licence Agreement shall not be affected by that deletion.
14.4. Failure or neglect by either party to exercise any of its rights or remedies under this Licence Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Licence Agreement nor prejudice that party's right to take subsequent action.
14.5. This Licence Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Licence Agreement or any right or obligation under it without the SourceGuardian Ltd's prior written consent.
14.6. This Licence Agreement and any claim or matter arising under or in connection with this Licence Agreement and the legal relationships established by this Licence Agreement shall be governed by and construed in all respects in accordance with the law of England and Wales, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
Should you have any questions concerning this Licence Agreement you may contact SourceGuardian Limited at Rotterdam House, 116 Quayside, Newcastle upon Tyne. NE16 5EG. United Kingdom. Tel: 0845 155 2455. Email: support@rubyencoder.com.
RUBYENCODER LOADER LICENCE
This Licence applies to the use of the Loaders for RubyEncoder by End Users and is granted by SourceGuardian Ltd (registered number 05663267) which is referred to in this Licence as “RubyEncoder”. The licence terms for the use of RubyEncoder software are set out at http://www.rubyencoder.com/terms.html. If you are a licensee of RubyEncoder your use of the Loaders is governed by that licence.
If you are an End User of RubyEncoder then, by downloading the Loader, you are accepting the terms of this Licence on behalf of yourself and any company, unincorporated association or partnership for which you work. This Licence comes into effect on the date that you download the Loader. If, having read the Licence, you do not agree to be bound to any of its terms you should not download the Loader and any enquiries on the content of this Licence should be directed to RubyEncoder, C/O SourceGuardian Ltd, Rotterdam House, 116 Quayside, Newcastle upon Tyne. NE16 5EG. Tel: 0845 155 2455 Email: support@rubyencoder.com.
1. Definitions
Defect Any material error that prevents the Loader from uploading or downloading scripts to and from RubyEncoder (unless used in conjunction with third party software that is not on the list of maintained software on RubyEncoder’s website)
End User(s) Users of the Loader in commercial operation
Loader The software program that facilitates the conversion of scripts encoded with RubyEncoderto readable form
Maintainence Issuing updates to RubyEncoder to ensure continuing compatibility with third party software programs with which RubyEncoder is designed to inter-operate.
RubyEncoder The software encryption product of that name used to encrypt scripts from human-readable form into a form capable of being read only with the Loader, available at www.rubyencoder.com
Support Assisting the End User with enquiries relating to Defects
2. License for End Users
Subject to the remaining provisions of this Licence SourceGuardian Ltd grants to the End User a world-wide, royalty free, non-exclusive, licence to permit the End User to use the Loader in its commercial operations for the purposes of:
2.1 Reading scripts encrypted withRubyEncoder;
2.2 Bundling the End User’s own software applications together with the Loader;
2.3 Linking the End User’s software applications to the Loaders on RubyEncoder’s website (to ensure that the applications remain current with the latest updated version of the Loader)
This License shall be deemed to apply to and cover any use of the Loaders prior to the effective date of this Licence.
3. Restrictions and Exceptions
3.1 The rights granted to the End User under this Licence do not operate to assign or transfer the ownership of any intellectual property rights in the Loader to the End User.
3.2 The Loader is intended for commercial use only and not for use by consumers. By accepting this Licence the End User confirms that he or she is acting in the course of business. The End User will not remove or obscure any copyright or ownership notices or warning legends from the Loader nor will the End User attempt to reverse engineer, decompile or otherwise interfere with the Loader except to the extent expressly permitted by law or under this Licence. SourceGuardian Ltd may terminate this Licence immediately if it discovers that the End User is in breach of its obligations in this Licence and in such a case the End User will immediately delete the Loader from its computer systems and will on request by SourceGuardian Ltd provide and execute such written assurances as SourceGuardian Ltd may require confirming such deletion.
3.3 The Loader is licensed free of charge and accordingly is provided on an “as is” basis. The End User agrees and acknowledges that SourceGuardian Ltd has no liability to the End User, whether in contract, tort (including negligence) or otherwise arising from any Defects in the Loader and all warranties implied by the laws of any jurisdiction in which the End User uses the Loader are expressly excuded to the fullest extent permitted by the laws of such jurisdiction.
3.4 In no event will SourceGuardian Ltd be liable to the End User for any consequential loss or any financial loss.
3.5 SourceGuardian Ltd's only obligation to the End User is to use reasonable commercial efforts to (i) correct Defects within a reasonable time (ii) ensure the the Loader is not corrupted and is free of any computer virus, trojans, worms or logic bombs and (iii) to issue Maintenance updates from time to time. SourceGuardian Ltd may terminate or assign its obligations under this paragraph 3.5 by publishing a notice to this effect on the RubyEncoder website at www.rubyencoder.com. In such circumstances the provisions of paragraph 3.2 will also terminate.Nothing in this Licence applies so as to exclude or limit any liability that SourceGuardian Ltd may have to the End User based on fraudulent misrepresentation or personal injury resulting from SourceGuardian Ltd's negligence.
4. General
4.1 This Agreement contains the entire agreement between the parties on the subject matter of this Agreement and supersedes all representations, undertakings and agreements previously made between the parties with respect to the subject matter of this Agreement.
4.2 If any provision (or part of a provision) of this Licence is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
4.3 This Licence constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to its subject matter.
4.4 Each party acknowledges and agrees that in entering into this Licence it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Licence or not) relating to the subject matter of this Licence, other than as expressly set out in this Licence.
4.5 This Licence and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and should be construed in accordance with, the law of England and Wales.
4.6 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
Copying
This license dictates the conditions under which you may copy, modify and distribute this work.
Exceptions to this license are likely to be granted for specific cases. Please email the author for details.
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3. Verbatim copies of the work may be redistributed through any electronic media. Modified versions of the work as per 2. above may be redistributed same, provided that they can reasonably be said to include, albeit in translated form, all the original source files.
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The RWTH Extensible Training framework for Universal Recurrent Neural Networks (RETURNN) License
The aim of this license is to lay down the conditions enabling you to use, modify and circulate the SOFTWARE, use of third-party application programs based on the Software and publication of results obtained through the use of modified and unmodified versions of the SOFTWARE.
However, RWTH remain the authors of the SOFTWARE and so retain property rights and the use of all ancillary rights.
The SOFTWARE is defined as all successive versions of RETURNN software and their documentation that have been developed by RWTH.
When you access and use the SOFTWARE, you are presumed to be aware of and to have accepted all the rights and obligations of the present license:
1. You are granted the non-exclusive rights set forth in this license provided you agree to and comply with any and all conditions in this license. Whole or partial distribution of the Software, or software items that link with the Software, in any form signifies acceptance of this license for non-commercial use only.
2. You may copy and distribute the Software in unmodified form provided that the entire package, including - but not restricted to - copyright, trademark notices and disclaimers, as released by the initial developer of the Software, is distributed.
3. You may make modifications to the Software and distribute your modifications, in a form that is separate from the Software, such as patches. The following restrictions apply to modifications:
a. Modifications must not alter or remove any copyright notices in the Software.
b When modifications to the Software are released under this license, a non-exclusive royalty-free right is granted to the initial developer of the Software to distribute your modification in future versions of the Software provided such versions remain available under these terms in addition to any other license(s) of the initial developer.
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b. You must ensure that all recipients of the machine-executable forms are also able to receive the complete machine-readable source code to the distributed Software, including all modifications, without any charge beyond the costs of data transfer, and place prominent notices in the distribution explaining this.
c. You must ensure that all modifications included in the machine-executable forms are available under the terms of this license.
5. You may use the original or modified versions of the Software to compile, link and run application programs legally developed by you or by others.
6. You may develop application programs, reusable components and other software items, in a non-commercial setting, that link with the original or modified versions of the Software. These items, when distributed, are subject to the following requirements:
a. You must ensure that all recipients of machine-executable forms of these items are also able to receive and use the complete machine-readable source code to the items without any charge beyond the costs of data transfer.
b. You must explicitly license all recipients of your items to use and re-distribute original and modified versions of the items in both machine-executable and source code forms. The recipients must be able to do so without any charges whatsoever, and they must be able to re-distribute to anyone they choose.
c. If an application program gives you access to functionality of the Software for development of application programs, reusable components or other software components (e.g. an application that is a scripting wrapper), usage of the application program is considered to be usage of the Software and is thus bound by this license.
d. If the items are not available to the general public, and the initial developer of the Software requests a copy of the items, then you must supply one.
7. Users must cite the authors of the Software upon publication of results obtained through the use of original or modified versions of the Software by referring to the following publication:
P. Doetsch, A. Zeyer, P. Voigtlaender, I. Kulikov, R. Schluter, and H. Ney, “RETURNN: The RWTH extensible training framework for universal recurrent neural networks”, submitted to Interspeech 2016.
8. In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise. The Software and this license document are provided "AS IS" with NO EXPLICIT OR IMPLICIT WARRANTY OF ANY KIND, INCLUDING WARRANTY OF DESIGN, ADAPTION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. You assume all risks concerning the quality or the effects of the SOFTWARE and its use. If the SOFTWARE is defective, you will bear the costs of all required services, corrections or repairs.
10. This license has the binding value of a contract.
11. The present license and its effects are subject to German law and the competent German Courts.
As a special exception, the copyright holders of RXTX give you
permission to link RXTX with independent modules that communicate with
RXTX solely through the Sun Microsytems CommAPI interface version 2,
regardless of the license terms of these independent modules, and to copy
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provided that every copy of the combined work is accompanied by a complete
copy of the source code of RXTX (the version of RXTX used to produce the
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Public License plus this exception. An independent module is a
module which is not derived from or based on RXTX.
Note that people who make modified versions of RXTX are not obligated
to grant this special exception for their modified versions; it is
their choice whether to do so. The GNU Lesser General Public License
gives permission to release a modified version without this exception; this
exception also makes it possible to release a modified version which
carries forward this exception.
This work ‘as-is’ we provide.
No warranty, express or implied.
We’ve done our best,
to debug and test.
Liability for damages denied.
Permission is granted hereby,
to copy, share, and modify.
Use as is fit,
free or for profit.
On this notice these rights rely.
S-Lab License 1.0
Redistribution and use for non-commercial purpose in source and
binary forms, with or without modification, are permitted provided
that the following conditions are met:
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the documentation and/or other materials provided with the
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contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
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Permission is hereby granted, free of charge, to any person obtaining a copy
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Service Availability Forum License
OWNERSHIP OF SPECIFICATION AND COPYRIGHTS. The Specification and all worldwide copyrights therein are the exclusive property of Licensor. You may not remove, obscure, or alter any copyright or other proprietary rights notices that are in or on the copy of the Specification you download. You must reproduce all such notices on all copies of the Specification you make. Licensor may make changes to the Specification, or to items referenced therein, at any time without notice. Licensor is not obligated to support or update the Specification.
Copyright(c) Service Availability(TM) Forum. All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software.
THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, THE SERVICE AVAILABILITY FORUM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
The SafeCopy Free! utility is freeware.
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The SafeCopy Free! software may not be rented or leased, but may be permanently transferred, if the person
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The SafeCopy Free! may be freely distributed, provided the distribution package is not modified.
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Installing and/or using SafeCopy Free! signifies acceptance of these terms and conditions of the license.
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Salesforce Artificial Intelligence Acceptable Use Policy
1. Scope
A. This Artificial Intelligence Acceptable Use Policy (“Policy”) applies to customers’ use of all services offered by
Salesforce, Inc. or its affiliates (“Salesforce”), or third party products, applications or functionality that interoperate
with services offered by Salesforce, that incorporate artificial intelligence (collectively, “Covered AI Services”).
Within the Covered AI Services, those that use Generative AI will be referred to as the “Covered Generative AI Services.”
The terms of this Policy are in addition to the Acceptable Use and External Facing Services Policy at
https://www.salesforce.com/company/legal/agreements/ .
2. Last Updated
A. August 5, 2025
3. Changes to Policy
A. Salesforce may change this Policy by posting an updated version of the Policy at http://salesforce.com and such
updates will be effective upon posting.
4. Violations
A. A customer’s violation of this Policy will be considered a material breach of the Main Services Agreement (“MSA”)
and/or other agreement governing the customer’s use of the services.
5. Disallowed Usage:
A. Customers may not use a Covered AI Service, nor allow their users or any third party to use a Covered AI Service,
for the following:
I. Automated Decision-Making Processes with Legal Effects
a. As part of an automated decision-making process with legal or similarly significant effects, unless:
i. Customer ensures that the final decision is made by a human being and takes other factors
beyond the Services’ recommendation into account; and
ii. Customer is transparent about the role of the Covered AI Service and the logic involved in the
decision-making process, including providing subjects of the decision with the right to receive an
explanation of the role of the Covered AI Service in the decision-making and the main reasons
for the decision.
b. As part of an automated decision-making process for payday lending even when the final decision is
made by a human being.
II. Individualized Advice from Licensed Professionals
a. Generating individualized advice that in the ordinary course of business would be provided by a licensed
professional. This includes, for example, financial and legal advice.
b. Generating or providing individualized medical advice, treatment, or diagnosis to a consumer or end
user.
c. For clarity, this section does not limit Customer from using Covered AI Services for other purposes, such
as customer support in regulated industries, or to assist a licensed professional where Covered AI
Services were not leveraged in the generation of individual advice. When a Customer uses such services
to assist in providing individualized advice (e.g., summarization), there must be a qualified person
reviewing the output.
III. Explicitly Predicting Or Categorizing Based On Protected Characteristics
a. Explicitly predicting, or categorizing based on an individual’s protected characteristic, including, but not
limited to, racial or ethnic origin, and past, current, or future political opinions, religious or philosophical
beliefs, trade union membership, age, gender, sex life, sexual orientation, disability, health status,
medical condition, financial status, criminal convictions, or likelihood to engage in criminal acts.
i. The previous sentence does not limit or prohibit use cases or tools designed specifically to
identify security breaches, unauthorized access, fraud, and other security vulnerabilities, or to
identify and reduce bias in Salesforce AI Services.
ii. Additionally, Customer may not submit images, videos or audio recordings of individuals for the
purposes of creating , analyzing, or categorizing based on, biometric identifiers, such as face
prints or fingerprints or scans of eyes, hands, voiceprints,or facial geometry.
IV. Social Scoring and Crime Prediction
a. Evaluating, classifying, scoring or rating individuals or groups based on their social behavior or
personality characteristics where such scoring leads to:
i. Detrimental or unfavorable treatment unrelated to the original context of the collected data; or
ii. Unjustified or disproportionate treatment relative to the assessed behavior.
b. Assessing or predicting the risk of an individual committing a criminal offense, based solely on profiling
or assessing their personality traits and characteristics.
V. Emotion and Facial Recognition
a. Detecting, inferring, or assessing individuals’ emotions in the workplace or in educational institutions,
except for medical or safety reasons.
b. Creating or expanding facial recognition databases, e.g., through scraping of facial images from the
Internet or from CCTV footage.
c. Using real-time biometric recognition in public spaces for law enforcement purposes, unless an
exception is expressly permitted by applicable law (e.g., to prevent a serious threat or find a missing
person).
VI. Deceptive Activity
a. Engaging in plagiarism or academic dishonesty.
b. Deploying subliminal, purposefully manipulative or deceptive techniques that impair an individual’s
ability to make an informed decision.
c. Exploiting vulnerabilities of individuals, e.g., due to their age, disability or specific social or economic
situation.
VII. Child Exploitation and Abuse
a. Creating, sending, uploading, displaying, storing, processing, or transmitting material that may be
harmful to minors including, but not limited to, for any purposes related to child exploitation or abuse,
such as real or artificial Child Sexual Abuse Material (CSAM).
B. Customers may not use a Covered Generative AI Service, nor allow its users or any third party to use any Covered
Generative AI Services, for the following:
I. Weapons Development
a. Developing, advertising, marketing, distributing, or selling weapons, weapon accessories, or explosives,
as enumerated by the United States Munitions List .
II. Political Campaigns
a. Targeting, creating, or distributing political campaign materials for external public or semi-public
audiences. Political campaign material refers to material:
i. That may influence a political process, such as an election, passage of legislation, regulation or
ballot measure, judicial ruling, and content for campaigning purposes; or
ii. Soliciting financial support for (i).
III. Adult Content
a. Creating, sending, uploading, displaying, storing, processing, or transmitting sexually explicit material;
b. Creating, sending, uploading, displaying, storing, processing, or transmitting sexual chatbots or engaging
in erotic chat.
6. Use Notice and Disclosures
A. USE NOTICE: AI technology, including Generative AI, will continue to be used in new and innovative ways. Customer
is responsible for determining if its use of these technologies is safe.
B. Customers must disclose to end users when they are interacting directly with automated systems, such as Einstein
bots, Agentforce Agents, or similar features including voice- or call-based bots unless there is a human in the loop,
and when required by law, provide a means for end users to interact with a human instead of an automated system.
C. Customers must disclose to individuals when exposing them, for the limited purpose permitted in this Policy, to an
emotion recognition system or a biometric categorization system.
D. Customers may not deceive end users or consumers by misrepresenting content generated through automated
means as human generated or original content.
Ethics disclaimer for Salesforce AI models, data, code
This release is for research purposes only in support of an academic
paper. Our models, datasets, and code are not specifically designed or
evaluated for all downstream purposes. We strongly recommend users
evaluate and address potential concerns related to accuracy, safety, and
fairness before deploying this model. We encourage users to consider the
common limitations of AI, comply with applicable laws, and leverage best
practices when selecting use cases, particularly for high-risk scenarios
where errors or misuse could significantly impact people’s lives, rights,
or safety. For further guidance on use cases, refer to our standard
[AUP](https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/policies/ExternalFacing_Services_Policy.pdf)
and [AI AUP](https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/policies/ai-acceptable-use-policy.pdf).
Salesforce Acceptable Use and External-Facing Services Policy
1. Scope
A. This Acceptable Use and External Facing Services Policy (“Policy”) applies to customers’ use of all
services offered by Salesforce, Inc. or its affiliates (“Salesforce”). The terms of the Artificial Intelligence
Acceptable Use Policy at https://www.salesforce.com/company/legal/agreements/ posted as of its
effective date are hereby incorporated by reference. Capitalized terms used below but not defined in
this policy have the meaning set forth in the Main Services Agreement (“MSA”).
B. With respect to Slack Services, if we believe a customer or its users are engaging in or encouraging
illegal activity, or deliberately or repeatedly presents a credible risk of harm, or encourages harm, to
other users, the Services or any third parties, we may suspend or terminate your Slack access. Slack is
not available for consumer purposes, as Slack is intended for use by businesses and organizations.
2. Last Updated
A. July 08, 2025
3. Changes to Policy
A. Salesforce may change this Policy by posting an updated version of the Policy at www.salesforce.com
and such updates will be effective upon posting.
4. Violations
A. A customer’s violation of this Policy will be considered a material breach of the MSA and/or other
agreement governing the customer’s use of the services.
5. Prohibited Material
A. Customers may not, and may not allow any third party, including its users, to use services to create,
send, upload, display, store, process, or transmit, or permit use of services to create, send, upload,
display, store, process, or transmit:
I. Material that infringes or misappropriates a third party’s intellectual property or proprietary
rights;
II. Hate-related material, and/or material advocating discrimination against individuals or
groups;
III. Material advocating or advancing violent causes, including terrorism or violent extremism;
IV. Obscene, excessively profane material or otherwise objectionable material;
V. Material advocating or advancing criminal hacking, cracking, or phishing;
VI. Material related to illegal drugs or paraphernalia;
VII. Malicious material;
VIII. Unlawful software;
IX. Malicious code, such as viruses, worms, time bombs, Trojan horses, and other harmful or
malicious files, scripts, agents, or programs; or
Salesforce Acceptable Use and External-Facing Services Policy 2
X. Material that violates, encourages, or furthers conduct that would violate any applicable laws,
including any criminal laws, or any third-party rights, including publicity or privacy rights.
6. Prohibited Actions
A. Customers may not use a service to, nor allow its users or any third party to use a service to:
I. Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes,
but is not limited to:
a. Sending communications or email in violation of the CAN-SPAM Act or any other
applicable anti- spam law or regulation;
b. Imitating or impersonating Salesforce, another person or his, her, or its email address,
or creating false accounts for the purpose of sending spam;
c. Mining data or harvesting any web property (including any External-Facing Service) to
find email addresses or other user account information;
d. Sending unauthorized mail via open, third-party servers;
e. Sending email to users who have requested to be removed from a mailing list;
f. Selling to, exchanging with, sharing with, or distributing to a third party personal
information, including the email addresses of any person without such person’s
knowing and continued consent to such disclosure; or
g. Sending unsolicited emails to significant numbers of email addresses belonging to
individuals and/or entities with whom you have no preexisting relationship;
II. Create, send, upload, display, store, process, or transmit unlawful, defamatory, harassing,
abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise
objectionable material nor use the services to send, display, or transmit sexually explicit
material;
III. Create, send, upload, display, store, process, or transmit highly deceptive manipulated or
synthetic digital media that is fabricated or false but presented as authentic or fact based and
intended to deliberately sway audiences towards a specific interest or agenda, including, but
not limited to, deepfakes;
IV. Promote, support, or facilitate unlawful, hateful, discriminatory, or violent causes, including
terrorism or violent extremism;
V. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any
other items of a destructive or deceptive nature;
VI. Conduct or forward multi-level marketing, such as pyramid schemes and the like;
VII. Generate or facilitate calls, SMS, MMS, other text messages push notifications, or other
uninvited communications in violation of the Telephone Consumer Protection Act, the Do-
Not-Call Implementation Act, or any other applicable law including anti- spam, telemarketing,
robocalling, caller ID spoofing, or telephone consumer protection laws or regulations;
VIII. Use the services in any manner that violates any applicable industry standards, third-party
policies, or requirements that Salesforce may communicate to its users, including all of the
applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self-
Regulatory Principles as directed by the Digital Advertising Alliance and the Network
Advertising Initiative, or any other generally accepted industry associations, carrier
guidelines, or other industry standards;
Salesforce Acceptable Use and External-Facing Services Policy 3
IX. Create, send, upload, display, store, process, or transmit material or otherwise use the
Services in a way that may be harmful to minors including, but not limited to, for any purposes
related to child exploitation or abuse, such as real or artificial Child Sexual Abuse Material
(CSAM);
X. Illegally send, upload, display, store, process, or transmit another’s intellectual property or
other proprietary information without such owner’s or licensor’s permission;
XI. Impersonate another person, entity, or Salesforce (via the use of an email address or
otherwise) or otherwise misrepresent themselves or the source of any communication;
XII. Facilitate or engage in coordinated inauthentic behavior for the purposes of manipulating
public debate;
XIII. Violate the rights (such as rights of privacy or publicity) of others;
XIV. Promote, facilitate, or encourage illegal activity;
XV. Intentionally or unintentionally interfere with the availability of the service for other users,
including, but not limited to, engaging in usage practices prohibited by the Documentation;
XVI. Mislead people about voting processes or census processes;
XVII. Engage in activity in connection with illegal peer-to-peer file sharing;
XVIII. Engage in or promote gambling, or run a gambling operation;
XIX. “Mine” bitcoins and other cryptocurrencies;
XX. Sell, distribute, or export illegal or prescription drugs or other controlled substances or
paraphernalia;
XXI. Operate an “open proxy” or any other form of Internet proxy service that is capable of
forwarding requests to any end user or third-party-supplied Internet host;
XXII. Perform significant load or security testing without first obtaining Salesforce’s written
consent;
XXIII. Remove any copyright, trademark, or other proprietary rights notices contained in or on the
service or reformat or frame any portion of the web pages that are part of the service’s
administration display;
XXIV. Access a third-party web property for the purposes of web scraping, web crawling, web
monitoring, or other similar activity through a web client that does not take commercially
reasonable efforts to identify itself via a unique User Agent string describing the purpose of
the web client and obey the robots exclusion standard (also known as the robots.txt
standard), including the crawl-delay directive;
XXV. Use a service in any manner that would disparage Salesforce;
XXVI. Directly manage, as the primary operator, private, for-profit prison facilities or detention
centers in the United States. For-profit prisons and detention centers refer to privately owned
facilities in which persons are incarcerated or otherwise involuntarily confined for purposes
of execution of a punitive sentence imposed by a court or detention pending a trial, hearing,
or other judicial or administrative proceeding;
XXVII. Engage in activity where the use or failure of a service may result in the death or serious bodily
harm of a person, or in significant damage to property.
B. Worldwide, customers may not use a service to commercially advertise or sell any of the following
firearms and/or related accessories to private citizens. Firearms: automatic firearms; semi-automatic
firearms that have the capacity to accept a detachable magazine and any of the following: thumbhole
Salesforce Acceptable Use and External-Facing Services Policy
stock, folding or telescoping stock, grenade launcher or flare launcher, flash or sound suppressor,
forward pistol grip, pistol grip (in the case of a rifle) or second pistol grip (in the case of a pistol), barrel
shroud; semi-automatic firearms with a fixed magazine that can accept more than 10 rounds; ghost
guns; 3D printed guns; firearms without serial numbers; .50 BMG rifles; firearms that use .50 BMG
ammunition. Firearm Parts: magazines capable of accepting more than 10 rounds; flash or sound
suppressors; multi-burst trigger devices; grenade or rocket launchers; 80% or unfinished lower
receivers; blueprints for ghost guns; blueprints for 3D printed guns; barrel shrouds; thumbhole stocks;
threaded barrels capable of accepting a flash suppressor or sound suppressor.
7. U.S. Digital Millennium Copyright Act or Similar Statutory Obligations
A. To the extent a customer uses the services for hosting, advertising, sending electronic messages, or
for the creation and hosting of, or for posting material on, websites, each customer must:
I. Comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998
(Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”);
II. Set up a process to expeditiously respond to notices of alleged infringement that comply with
the DMCA and to implement a DMCA-compliant repeat infringers policy;
III. Publicly display a description of its notice and takedown process under the DMCA on its
instance of the services; and
IV. Comply with such processes, policy(ies), and description.
B. It is Salesforce’s policy to respond expeditiously to valid notices of claimed copyright infringement
compliant with the DMCA. In appropriate circumstances, Salesforce will terminate the accounts of
customers who Salesforce suspects to be repeatedly or blatantly infringing copyrights.
C. If Salesforce receives a notice alleging that material on a customer’s instance of a service infringes
another party’s intellectual property, Salesforce may disable that customer’s instance of the service
or remove the allegedly infringing material. If Salesforce receives more than one such notice for the
same customer, Salesforce reserves the right to immediately terminate such customer’s subscriptions
to the services as deemed necessary by Salesforce to ensure continued protection under the safe
harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’
rights.
FONT LICENSE AGREEMENT
THIS FONT LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND
SALESFORCE.COM, INC. (“WE”, “US”, “OUR”, AND “SALESFORCE”) THAT GOVERNS YOUR
ACQUISITION AND USE OF THE SALESFORCE SANS FONT (E.G., TYPEFACE, TYPOGRAPHIC
CHARACTERS, ALPHANUMERICS, SYMBOLS, DESIGNS, AND ORNAMENTS) AND THE RELATED
FONT FILES (E.G., TRUETYPE (TTF), WEB OPEN FONT FORMAT (WOFF,WOFF2), EMBEDDED
OPENTYPE (EOT), AND SCALABLE VECTOR GRAPHICS (SVG) FILES) (COLLECTIVELY, THE
“FONT”). BY DOWNLOADING OR USING THE FONT, YOU AGREE TO THE TERMS OF THIS
AGREEMENT. IF YOU ARE DOWNLOADING OR USING THE FONT ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR
“YOUR” WILL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST
NOT DOWNLOAD OR USE THE FONT. This Agreement was last updated on August 21,
2015. It is effective between You and Us as of the date You accept this
Agreement by downloading or using the Font.
1. License Grant
Subject to the terms of this Agreement and any other
applicable Salesforce terms, conditions, and acceptable use policies (AUPs),
We hereby grant to You a revocable, non-transferable, non-exclusive, and non-
sublicenseable limited license to, without modification, reproduce and use the
Font solely to create applications with the Salesforce Lightning Design System
that run in Salesforce or on a Salesforce platform (e.g., Lightning, Heroku,
Visualforce) (“Applications”).
2. Restrictions
To the extent your Application contains copyright notices,
together with all other copyright notices included with each Application, You
will include the following copyright notice: “The Salesforce Sans Font is used
under license from salesforce.com, inc. Copyright 2015 Salesforce.com, Inc.”
You may not modify, adapt, translate, reverse engineer, decompile,
disassemble, or create derivative works based on the Font. You must include
the Font in an Application in a manner that does not allow a user to access
the Font outside of the Application. You will not use the Font on a
standalone basis and will only use the Font as part of the Salesforce
Lightning Design System. You must not take any action which will have the
direct or indirect effect of causing the Font to become subject to the terms
of an open source license or any similar terms. You may refer to the Font as
“Salesforce Sans”, but You may not use any other Salesforce trademark in
connection with the Font except as may be expressly agreed to by Salesforce in
writing or as set forth in other applicable Salesforce terms, conditions, and
acceptable use policies (AUPs) and in any event You must comply at all times
with the Salesforce Trademark and Copyright Usage Guidelines located at http:/
/www2.sfdcstatic.com/assets/pdf/misc/salesforce_Trademark_Usage_Guidelines.pdf
and any other supplemental guidelines that may apply to you. You must not
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute,
time share, or otherwise commercially exploit the Font nor make the Font
available to any third party, other than as expressly permitted by this
Agreement. To the extent any Font documentation, style guides, or other
applicable Salesforce terms, conditions, and acceptable use policies (AUPs)
impose guidelines or restrictions for the use of the Font, You will abide by
those guidelines and restrictions.
3. Ownership
Subject to the limited rights expressly granted hereunder, We
reserve all rights, title, and interest in and to the Font, including all
related intellectual property rights. No rights are granted to You hereunder
other than as expressly set forth herein. We shall have a royalty-free,
worldwide, irrevocable, perpetual license to use and incorporate into the Font
any suggestions, enhancement requests, recommendations, or other feedback
provided by You.
4. Term and Termination
This Agreement will take effect when you download or
use the Font and will terminate upon the earlier of: (a) Your failure to
comply with any term of this Agreement or any other applicable Salesforce
terms, conditions, and acceptable use policies (AUPs); (b) return,
destruction, or deletion of all copies of the Font in your possession; or, (c)
60 days after Salesforce provides You with written notice of termination.
Salesforce’s rights and your obligations will survive the termination of this
Agreement. Upon termination of this Agreement by Salesforce, if requested by
Salesforce, you will destroy or delete all copies of the Font in your
possession and cease using the Font in all Applications.
5. No Warranty
THE FONT IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY WARRANTY
WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. The Font may contain bugs or errors. Any use of
the Font is at Your sole risk. You acknowledge that We may discontinue making
the Font available to You at any time in Our sole discretion.
6. No Damages
IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR
ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON
LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
7. General Provisions
You may not assign any of Your rights or obligations
hereunder, whether by operation of law or otherwise, without Our prior written
consent. This Agreement shall be governed exclusively by the internal laws of
the State of California, without regard to its conflicts of laws rules. Each
party hereby consents to the exclusive jurisdiction of the state and federal
courts located in San Francisco County, California to adjudicate any dispute
arising out of or relating to this Agreement. This Agreement constitutes the
entire agreement between the parties, and supersedes all prior and
contemporaneous agreements, proposals or representations, written or oral,
concerning its subject matter. No modification, amendment, or waiver of any
provision of this Agreement shall be effective unless in writing and either
signed or accepted electronically by the party against whom the modification,
amendment or waiver is to be asserted.
Samba Developer's Declaration, Version 1.0
By making a contribution to this project, I certify that:
(a) The contribution was created in whole or in part by me and I
have the right to submit it under the appropriate
version of the GNU General Public License; or
(b) The contribution is based upon previous work that, to the best
of my knowledge, is covered under an appropriate open source
license and I have the right under that license to submit that
work with modifications, whether created in whole or in part
by me, under the GNU General Public License, in the
appropriate version; or
(c) The contribution was provided directly to me by some other
person who certified (a) or (b) and I have not modified
it.
(d) I understand and agree that this project and the
contribution are public and that a record of the
contribution (including all metadata and personal
information I submit with it, including my sign-off) is
maintained indefinitely and may be redistributed
consistent with the Samba Team's policies and the
requirements of the GNU GPL where they are relevant.
(e) I am granting this work to this project under the terms of both
the GNU General Public License and the GNU Lesser General Public
License as published by the Free Software Foundation; either version
3 of these Licenses, or (at the option of the project) any later
version.
http://www.gnu.org/licenses/gpl-3.0.html
http://www.gnu.org/licenses/lgpl-3.0.html
Samba Developer's Declaration, Version 1.0
By making a contribution to this project, I certify that:
(a) The contribution was created in whole or in part by me and I
have the right to submit it under the appropriate
version of the GNU General Public License; or
(b) The contribution is based upon previous work that, to the best
of my knowledge, is covered under an appropriate open source
license and I have the right under that license to submit that
work with modifications, whether created in whole or in part
by me, under the GNU General Public License, in the
appropriate version; or
(c) The contribution was provided directly to me by some other
person who certified (a) or (b) and I have not modified
it.
(d) I understand and agree that this project and the
contribution are public and that a record of the
contribution (including all metadata and personal
information I submit with it, including my sign-off) is
maintained indefinitely and may be redistributed
consistent with the Samba Team's policies and the
requirements of the GNU GPL where they are relevant.
(e) I am granting this work to this project under the terms of both
the GNU General Public License and the GNU Lesser General Public
License as published by the Free Software Foundation; either version
3 of these Licenses, or (at the option of the project) any later
version.
http://www.gnu.org/licenses/gpl-3.0.html
http://www.gnu.org/licenses/lgpl-3.0.html
APPLE INC.
LICENSE AGREEMENT FOR THE APPLE SAN FRANCISCO FONT
For iOS, OS X and tvOS application uses only
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
THE APPLE SAN FRANCISCO FONT (DEFINED BELOW). BY USING THE APPLE FONT, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE
APPLE FONT ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF
THIS LICENSE BY CLICKING THE "AGREE " BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, DO NOT USE THE APPLE FONT AND CLICK "DISAGREE".
IMPORTANT NOTE: THE APPLE SAN FRANCISCO FONT IS TO BE USED SOLELY FOR CREATING
MOCK-UPS OF USER INTERFACES TO BE USED IN SOFTWARE PRODUCTS RUNNING ON
APPLE’S iOS, OS X OR tvOS OPERATING SYSTEMS, AS APPLICABLE.
1. General.
A. The Apple font, interfaces, content, data, and other materials accompanying this License, whether on
disk, print or electronic documentation, in read only memory, or any other media or in any other form,
(collectively, the "Apple Font") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under
the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Font itself and
reserve all rights not expressly granted to you. The terms of this License will govern any software
upgrades provided by Apple that replace and/or supplement the original Apple Font, unless such
upgrade is accompanied by a separate license in which case the terms of that license will govern.
B. Title and intellectual property rights in and to any content displayed by or accessed through the Apple
Font belongs to the respective content owner. Such content may be protected by copyright or other
intellectual property laws and treaties, and may be subject to terms of use of the third party providing
such content. This License does not grant you any rights to use such content nor does it guarantee that
such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. Limited License. Subject to the terms of this License, you may use the Apple Font solely for creating
mock-ups of user interfaces to be used in software products running on Apple’s iOS, OS X or tvOS
operating systems, as applicable. The foregoing right includes the right to show the Apple Font in screen
shots, images, mock-ups or other depictions, digital and/or print, of such software products running
solely on iOS, OS X or tvOS.
You may use this Apple Font only for the purposes described in this License and only if you are a
registered Apple Developer, or as otherwise expressly permitted by Apple in writing.
B. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to,
install, use or run the Apple Font for the purpose of creating mock-ups of user interfaces to be used in
software products running on any non-Apple operating system or to enable others to do so. You may not
embed the Apple Font in any software programs or other products. Except as expressly provided for
herein, you may not use the Apple Font to, create, develop, display or otherwise distribute any
documentation, artwork, website content or any other work product.
Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple:
(i) only one user may use the Apple Font at a time, and (ii) you may not make the Apple Font available
over a network where it could be run or used by multiple computers at the same time. You may not rent,
lease, lend, trade, transfer, sell, sublicense or otherwise redistribute the Apple Font in any unauthorized
way.
C. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy
(except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to
derive the source code of, decrypt, modify, create derivative works of the Apple Font or any part thereof
(except as and only to the extent any foregoing restriction is prohibited by applicable law).
D. Compliance with Laws. You agree to use the Apple Font in compliance with all applicable laws,
including local laws of the country or region in which you reside or in which you download or use the
Apple Font.
3. No Transfer. Except as otherwise set forth herein, you may not transfer this Apple Font without
Apple’s express prior written approval. All components of the Apple Font are provided as part of a
bundle and may not be separated from the bundle and distributed as standalone applications.
4. Termination. This License shall commence upon your installation or use of the Apple Font. Your rights
under this License will terminate automatically or cease to be effective without notice from Apple (a) if
you fail to comply with any term(s) of this License, (b) if you are no longer a registered Apple Developer,
or (c) if Apple releases a version of the Apple Font which is incompatible with this version of the Apple
Font. Upon the termination of this License, you shall cease all use of the Apple Font and destroy all
copies, full or partial, of the Apple Font. Section 2B, 2C, and 5 through 10 of this License shall survive
any termination.
5. Disclaimer of Warranties.
A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, USE OF THE APPLE FONT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE FONT IS PROVIDED
"AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES
OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE APPLE FONT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS.
C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE
FONT, THAT THE FUNCTIONS CONTAINED IN THE APPLE FONT WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE APPLE FONT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE
APPLE FONT WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS
OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE FONT WILL BE CORRECTED.
INSTALLATION OF THIS APPLE FONT MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD
PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS
AND SERVICES.
D. YOU FURTHER ACKNOWLEDGE THAT THE APPLE FONT IS NOT INTENDED OR SUITABLE FOR
USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS
OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE FONT
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR
WEAPONS SYSTEMS.
E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE FONT PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT
SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY
DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE FONT OR
ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE APPLE
FONT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY
NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Export Control. You may not use or otherwise export or re-export the Apple Font except as
authorized by United States law and the laws of the jurisdiction(s) in which the Apple Font was obtained.
In particular, but without limitation, the Apple Font may not be exported or re-exported (a) into any U.S.
embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce Denied Person's List or Entity List or any other restricted
party lists. By using the Apple Font, you represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use the Apple Font for any purposes
prohibited by United States law, including, without limitation, the development, design, manufacture or
production of missiles, nuclear, chemical or biological weapons.
8. Government End Users. The Apple Font and related documentation are "Commercial Items", as that
term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
9. Controlling Law and Severability. This License will be governed by and construed in accordance
with the laws of the State of California, excluding its conflict of law principles. This License shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full
force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement
between you and Apple relating to the use of the Apple Font licensed hereunder and supersedes all prior
or contemporaneous understandings regarding such subject matter. No amendment to or modification
of this License will be binding unless in writing and signed by Apple. To the extent that there are any
inconsistent terms in any applicable Apple software license agreements, these terms shall govern your
use of the Apple Font.
EA1370
2/24/2016
Terms of Use
All scripts available here are original scripts written by the author
himself and are protected by international copyright laws. The terms of
use listed below will have to be accepted by those who shall be using
these scripts:
1. The scripts found here may be used on both personal and commercial
web sites free of charge. However, users may not specifically sell
these scripts or add them to a product on sale without the expressed
written permission of the author. These scripts may also not be put
up at another script archive without prior permission of the author.
2. Users must agree not to remove the copyright notice inside each
script. This notice is the one that appears inside the <script> tag
of each script as reproduced below:
| <!-- Copyright 200_, Sandeep Gangadharan -->
<!-- For more free scripts go to
http://www.sivamdesign.com/scripts/ --> |
If users wish to insert the scripts into external .js files, the
copyright notices can be retained as usual within the <script> tags
as shown below:
| <script language="javascript" type="text/javascript"
src="script.js">
<!-- Copyright 200_, Sandeep Gangadharan -->
<!-- For more free scripts go to
http://www.sivamdesign.com/scripts/ -->
</script> |
3. Although the use of these scripts are not in any way harmful to any
machines, the users must agree not to hold the author liable for any
damage resulting from either the proper or improper use of any of
the scripts. i.e. the use of these scripts is at the users own risk.
It would be very much appreciated if a link back to the author's home
page is included although it is not required.
If you use any of the scripts listed here it will be understood that you
have read and agreed to the above usage terms and conditions.
Copyright © 2000 - 2014 *Sandeep Gangadharan*. All rights reserved.
The exception is that, if you link a SANE library with other files
to produce an executable, this does not by itself cause the
resulting executable to be covered by the GNU General Public
License. Your use of that executable is in no way restricted on
account of linking the SANE library code into it.
Permission is granted to use, distribute, or modify this source,
provided that this copyright notice remains intact.
The Star And Thank Author License (SATA)
Copyright © 2014 zTrix(i@ztrix.me) kongtianyi(kongtianyi@foxmail.com)
Project Url: https://github.com/zTrix/sata-license
https://github.com/kongtianyi/sata-license
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
And wait, the most important, you shall star/+1/like the project(s) in project url
section above first, and then thank the author(s) in Copyright section.
Here are some suggested ways:
- Email the authors a thank-you letter, and make friends with him/her/them.
- Report bugs or issues.
- Tell friends what a wonderful project this is.
- And, sure, you can just express thanks in your mind without telling the world.
Contributors of this project by forking have the option to add his/her name and
forked project url at copyright and project url sections, but shall not delete
or modify anything else in these two sections.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
SAX2 is Free!
I hereby abandon any property rights to SAX 2.0 (the Simple API for
XML), and release all of the SAX 2.0 source code, compiled code, and
documentation contained in this distribution into the Public Domain.
SAX comes with NO WARRANTY or guarantee of fitness for any
purpose.
David Megginson, david@megginson.com
2000-05-05
Copyright Status for SAX
SAX is free!
In fact, it's not possible to own a license to SAX, since it's been placed in
the public domain.
No Warranty
Because SAX is released to the public domain, there is no warranty for the
design or for the software implementation, to the extent permitted by applicable
law. Except when otherwise stated in writing the copyright holders and/or other
parties provide SAX "as is" without warranty of any kind, either expressed or
implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. The entire risk as to the
quality and performance of SAX is with you. Should SAX prove defective, you
assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will any
copyright holder, or any other party who may modify and/or redistribute SAX, be
liable to you for damages, including any general, special, incidental or
consequential damages arising out of the use or inability to use SAX (including
but not limited to loss of data or data being rendered inaccurate or losses
sustained by you or third parties or a failure of the SAX to operate with any
other programs), even if such holder or other party has been advised of the
possibility of such damages.
Copyright Disclaimers
This page includes statements to that effect by David Megginson, who would have
been able to claim copyright for the original work.
SAX 1.0
Version 1.0 of the Simple API for XML (SAX), created collectively by the
membership of the XML-DEV mailing list, is hereby released into the public
domain.
No one owns SAX: you may use it freely in both commercial and non-commercial
applications, bundle it with your software distribution, include it on a CD-ROM,
list the source code in a book, mirror the documentation at your own web site,
or use it in any other way you see fit.
David Megginson, Megginson Technologies Ltd.
1998-05-11
SAX 2.0
I hereby abandon any property rights to SAX 2.0 (the Simple API for XML), and
release all of the SAX 2.0 source code, compiled code, and documentation
contained in this distribution into the Public Domain. SAX comes with NO
WARRANTY or guarantee of fitness for any purpose.
David Megginson, Megginson Technologies Ltd.
2000-05-05
MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
Any use in a commercial product must be notified to the author by email
indicating company name and product name
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
Redistribution and use in source and binary forms, with or without modification,
re permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the disclaimer that follows these conditions in
the documentation and/or other materials provided with the distribution.
3. The name "SAXPath" must not be used to endorse or promote products derived
from this software without prior written permission. For written permission,
please contact license@saxpath.org.
4. Products derived from this software may not be called "SAXPath", nor may
"SAXPath" appear in their name, without prior written permission from the
SAXPath Project Management (pm@saxpath.org).
In addition, we request (but do not require) that you include in the end-user
documentation provided with the redistribution and/or in the software itself
an acknowledgement equivalent to the following:
"This product includes software developed by the SAXPath Project
(http://www.saxpath.org/)."
Alternatively, the acknowledgment may be graphical using the logos available
at http://www.saxpath.org/
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE SAXPath
AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
PART B. DOWNLOADING AGREEMENT - LICENSE FROM SBIA WITH RIGHT TO SUBLICENSE ("SOFTWARE LICENSE").
------------------------------------------------------------------------------------------------
1. As used in this Software License, "you" means the individual downloading and/or
using, reproducing, modifying, displaying and/or distributing the Software and
the institution or entity which employs or is otherwise affiliated with such
individual in connection therewith. The Section of Biomedical Image Analysis,
Department of Radiology at the Universiy of Pennsylvania ("SBIA") hereby grants
you, with right to sublicense, with respect to SBIA's rights in the software,
and data, if any, which is the subject of this Software License (collectively,
the "Software"), a royalty-free, non-exclusive license to use, reproduce, make
derivative works of, display and distribute the Software, provided that:
(a) you accept and adhere to all of the terms and conditions of this Software
License; (b) in connection with any copy of or sublicense of all or any portion
of the Software, all of the terms and conditions in this Software License shall
appear in and shall apply to such copy and such sublicense, including without
limitation all source and executable forms and on any user documentation,
prefaced with the following words: "All or portions of this licensed product
(such portions are the "Software") have been obtained under license from the
Section of Biomedical Image Analysis, Department of Radiology at the University
of Pennsylvania and are subject to the following terms and conditions:"
(c) you preserve and maintain all applicable attributions, copyright notices
and licenses included in or applicable to the Software; (d) modified versions
of the Software must be clearly identified and marked as such, and must not
be misrepresented as being the original Software; and (e) you consider making,
but are under no obligation to make, the source code of any of your modifications
to the Software freely available to others on an open source basis.
2. The license granted in this Software License includes without limitation the
right to (i) incorporate the Software into proprietary programs (subject to
any restrictions applicable to such programs), (ii) add your own copyright
statement to your modifications of the Software, and (iii) provide additional
or different license terms and conditions in your sublicenses of modifications
of the Software; provided that in each case your use, reproduction or
distribution of such modifications otherwise complies with the conditions
stated in this Software License.
3. This Software License does not grant any rights with respect to third party
software, except those rights that SBIA has been authorized by a third
party to grant to you, and accordingly you are solely responsible for
(i) obtaining any permissions from third parties that you need to use,
reproduce, make derivative works of, display and distribute the Software,
and (ii) informing your sublicensees, including without limitation your
end-users, of their obligations to secure any such required permissions.
4. The Software has been designed for research purposes only and has not been
reviewed or approved by the Food and Drug Administration or by any other
agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER
RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the
sole risk of the party or parties engaged in such commercialization.
You further agree to use, reproduce, make derivative works of, display
and distribute the Software in compliance with all applicable governmental
laws, regulations and orders, including without limitation those relating
to export and import control.
5. The Software is provided "AS IS" and neither SBIA nor any contributor to
the software (each a "Contributor") shall have any obligation to provide
maintenance, support, updates, enhancements or modifications thereto.
SBIA AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SBIA OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED
TO THE SOFTWARE, EVEN IF SBIA OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR
REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION,
MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE
AND AGREE TO INDEMNIFY AND HOLD HARMLESS SBIA AND ALL CONTRIBUTORS FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING
THEREFROM.
6. None of the names, logos or trademarks of SBIA or any of SBIA's affiliates
or any of the Contributors, or any funding agency, may be used to endorse
or promote products produced in whole or in part by operation of the Software
or derived from or based on the Software without specific prior written
permission from the applicable party.
7. Any use, reproduction or distribution of the Software which is not in accordance
with this Software License shall automatically revoke all rights granted to you
under this Software License and render Paragraphs 1 and 2 of this Software
License null and void.
8. This Software License does not grant any rights in or to any intellectual
property owned by SBIA or any Contributor except those rights expressly
granted hereunder.
PART C. MISCELLANEOUS
---------------------
This Agreement shall be governed by and construed in accordance with the laws
of The Commonwealth of Pennsylvania without regard to principles of conflicts
of law. This Agreement shall supercede and replace any license terms that you
may have agreed to previously with respect to Software from SBIA.
Generated with ScanCode and provided on an "AS IS" BASIS, WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, either express or implied. No content created from
ScanCode should be considered or used as legal advice. Consult an Attorney
for any legal advice.
ScanCode is a free software code scanning tool from nexB Inc. and others.
Visit https://github.com/nexB/scancode-toolkit/ for support and download.
You're allowed to do whatever you like with this software (including
re-distribution in any form, with or without modification), provided
that credit is given where it is due and any modified versions are
marked as such.
There's absolutely no warranty.
The ScanSoft Public License - Software, Version 1.2
Copyright (c) 2000-2003, ScanSoft, Inc.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of SpeechWorks International, Inc., ScanSoft, Inc.
nor the names of its contributors may be used to endorse or promote
products derived from this software without specific prior written
permission. For written permission contact Director, Product
Management, ScanSoft, Inc., 695 Atlantic Ave.,
Boston, MA 02111.
* Products derived from the software may not be called "ScanSoft" or
"SpeechWorks", nor may "ScanSoft" or "SpeechWorks" appear in their
name, without prior written permission of ScanSoft.
Additional information regarding the use of this software may be noted in the
Release Notes included in this package.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL SCANSOFT OR ITS CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
SCEA Shared Source License 1.0
Terms and Conditions:
1. Definitions:
"Software" shall mean the software and related documentation, whether in Source or Object Form, made available under this SCEA Shared Source license ("License"), that is indicated by a copyright notice file included in the source files or attached or accompanying the source files.
"Licensor" shall mean Sony Computer Entertainment America, Inc. (herein "SCEA")
"Object Code" or "Object Form" shall mean any form that results from translation or transformation of Source Code, including but not limited to compiled object code or conversions to other forms intended for machine execution.
"Source Code" or "Source Form" shall have the plain meaning generally accepted in the software industry, including but not limited to software source code, documentation source, header and configuration files.
"You" or "Your" shall mean you as an individual or as a company, or whichever form under which you are exercising rights under this License.
2. License Grant.
Licensor hereby grants to You, free of charge subject to the terms and conditions of this License, an irrevocable, non-exclusive, worldwide, perpetual, and royalty-free license to use, modify, reproduce, distribute, publicly perform or display the Software in Object or Source Form .
3. No Right to File for Patent.
In exchange for the rights that are granted to You free of charge under this License, You agree that You will not file for any patent application, seek copyright protection or take any other action that might otherwise impair the ownership rights in and to the Software that may belong to SCEA or any of the other contributors/authors of the Software.
4. Contributions.
SCEA welcomes contributions in form of modifications, optimizations, tools or documentation designed to improve or expand the performance and scope of the Software (collectively "Contributions"). Per the terms of this License You are free to modify the Software and those modifications would belong to You. You may however wish to donate Your Contributions to SCEA for consideration for inclusion into the Software. For the avoidance of doubt, if You elect to send Your Contributions to SCEA, You are doing so voluntarily and are giving the Contributions to SCEA and its parent company Sony Computer Entertainment, Inc., free of charge, to use, modify or distribute in any form or in any manner. SCEA acknowledges that if You make a donation of Your Contributions to SCEA, such Contributions shall not exclusively belong to SCEA or its parent company and such donation shall not be to Your exclusion. SCEA, in its sole discretion, shall determine whether or not to include Your donated Contributions into the Software, in whole, in part, or as modified by SCEA. Should SCEA elect to include any such Contributions into the Software, it shall do so at its own risk and may elect to give credit or special thanks to any such contributors in the attached copyright notice. However, if any of Your contributions are included into the Software, they will become part of the Software and will be distributed under the terms and conditions of this License. Further, if Your donated Contributions are integrated into the Software then Sony Computer Entertainment, Inc. shall become the copyright owner of the Software now containing Your contributions and SCEA would be the Licensor.
5. Redistribution in Source Form
You may redistribute copies of the Software, modifications or derivatives thereof in Source Code Form, provided that You:
a. Include a copy of this License and any copyright notices with source
b. Identify modifications if any were made to the Software
c. Include a copy of all documentation accompanying the Software and modifications made by You
6. Redistribution in Object Form
If You redistribute copies of the Software, modifications or derivatives thereof in Object Form only (as incorporated into finished goods, i.e. end user applications) then You will not have a duty to include any copies of the code, this License, copyright notices, other attributions or documentation.
7. No Warranty
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, MODIFYING OR REDISTRIBUTING THE SOFTWARE AND ASSUME ANY RISKS ASSOCIATED WITH YOUR EXERCISE OF PERMISSIONS UNDER THIS LICENSE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES WITH RESPECT TO ANY INJURY, LOSS, OR DAMAGE, ARISING UNDER OR IN CONNECTION WITH THIS LETTER AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR ANY GOVERMENTAL REGULATIONS.
9. Governing Law and Consent to Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute arising hereunder shall be brought in the Superior Court of the County of San Mateo, State of California or the United States District Court for the Northern District of California. Each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action. In addition, each party hereby waives the right to a jury trial in any action or proceeding related to this Agreement.
10. Copyright Notice for Redistribution of Source Code
Copyright 2005 Sony Computer Entertainment Inc.
Licensed under the SCEA Shared Source License, Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at:
http://research.scea.com/scea_shared_source_license.html
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
; We intend this report to belong to the entire Scheme community, and so
; we grant permission to copy it in whole or in part without fee. In
; particular, we encourage implementors of Scheme to use this report as
; a starting point for manuals and other documentation, modifying it as
; necessary.
Important notice : this is a translation of the original license
written in French
SCILAB License
1- Preface
The aim of this license is to lay down the conditions enabling you to
use, modify and circulate the SOFTWARE. However, INRIA and ENPC remain
the authors of the SOFTWARE and so retain property rights and the use
of all ancillary rights.
2- Definitions
The SOFTWARE is defined as all successive versions of SCILAB software
and their documentation that have been developed by INRIA and ENPC.
SCILAB DERIVED SOFTWARE is defined as all or part of the SOFTWARE that
you have modified and/or translated and/or adapted.
SCILAB COMPOSITE SOFTWARE is defined as all or a part of the SOFTWARE
that you have interfaced with a software, an application package or a
toolbox of which you are owner or entitled beneficiary.
3- Object and conditions of the SOFTWARE license
1. INRIA and ENPC authorize you free of charge, to reproduce the
SOFTWARE source and/or object code on any present and future
support, without restriction, providing the following reference
appears in all the copies: Scilab (c)INRIA-ENPC.
2. INRIA and ENPC authorize you free of charge to correct any bugs,
carry out any modifications required for the porting of the
SOFTWARE and to carry out any usual functional modification or
correction, providing you insert a patch file or you indicate by
any other equivalent means the nature and date of the
modification or the correction, on the corresponding file(s) of
the SOFTWARE.
3. INRIA and ENPC authorize you free of charge to use the SOFTWARE
source and/or object code, without restriction, providing the
following reference appears in all the copies: Scilab
(c)INRIA-ENPC.
4. INRIA and ENPC authorize you free of charge to circulate and
distribute, free of charge or for a fee, the SOFTWARE source
and/or object code, including the SOFTWARE modified in
accordance with above-mentioned article 3 b), on any present and
future support, providing: * the following reference appears in
all the copies: Scilab (c)INRIA-ENPC. * the SOFTWARE is
circulated or distributed under the present license. * patch
files or files containing equivalent means indicating the nature
and the date of the modification or the correction to the
SOFTWARE file(s) concerned are freely circulated.
4- Object and conditions of the DERIVED SOFTWARE license
1. INRIA and ENPC authorize you free of charge to reproduce and
modify and/or translate and/or adapt all or part of the source
and/or the object code of the SOFTWARE, providing a patch file
indicating the date and the nature of the modification and/or
the translation and/or the adaptation and the name of their
author in the SOFTWARE file(s) concerned is inserted. The
SOFTWARE thus modified is defined as DERIVED SOFTWARE. The INRIA
authorizes you free of charge to use the source and/or object
code of the SOFTWARE, without restriction, providing the
following reference appears in all the copies: Scilab
(c)INRIA-ENPC.
2. INRIA and ENPC authorize you free of charge to use the SOFTWARE
source and/or object code modified according to article 4-a)
above, without restriction, providing the following reference
appears in all the copies: "Scilab inside (c)INRIA-ENPC".
3. The INRIA and the ENPC authorize you free of charge to circulate
and distribute for no charge, for non-commercial purposes the
source and/or object code of DERIVED SOFTWARE on any present and
future support, providing: * the reference " Scilab inside
(c)INRIA-ENPC " is prominently mentioned; * the DERIVED SOFTWARE
is distributed under the present license; * the recipients of
the distribution can access the SOFTWARE code source; * the
DERIVED SOFTWARE is distributed under a name other than SCILAB.
4. Any commercial use or circulation of the DERIVED SOFTWARE shall
have been previously authorized by INRIA and ENPC.
5- Object and conditions of the license concerning COMPOSITE SOFTWARE
1. INRIA and ENPC authorize you to reproduce and interface all or
part of the SOFTWARE with all or part of other software,
application packages or toolboxes of which you are owner or
entitled beneficiary in order to obtain COMPOSITE SOFTWARE.
2. INRIA and ENPC authorize you free, of charge, to use the
SOFTWARE source and/or object code included in the COMPOSITE
SOFTWARE, without restriction, providing the following statement
appears in all the copies: "composite software using Scilab
(c)INRIA-ENPC functionality".
3. INRIA and ENPC authorize you, free of charge, to circulate and
distribute for no charge, for purposes other than commercial,
the source and/or object code of COMPOSITE SOFTWARE on any
present and future support, providing: * the following reference
is prominently mentioned: "composite software using Scilab
(c)INRIA-ENPC functionality "; * the SOFTWARE included in
COMPOSITE SOFTWARE is distributed under the present license ; *
recipients of the distribution have access to the SOFTWARE
source code; * the COMPOSITE SOFTWARE is distributed under a
name other than SCILAB.
4. Any commercial use or distribution of COMPOSITE SOFTWARE shall
have been previously authorized by INRIA and ENPC.
6- Limitation of the warranty
Except when mentioned otherwise in writing, the SOFTWARE is supplied
as is, with no explicit or implicit warranty, including warranties of
commercialization or adaptation. You assume all risks concerning the
quality or the effects of the SOFTWARE and its use. If the SOFTWARE is
defective, you will bear the costs of all required services,
corrections or repairs.
7- Consent
When you access and use the SOFTWARE, you are presumed to be aware of
and to have accepted all the rights and obligations of the present
license.
8- Binding effect
This license has the binding value of a contract.
You are not responsible for respect of the license by a third party.
9- Applicable law
The present license and its effects are subject to French law and the
competent French courts.
Licence SCILAB
1- Préambule
La présente licence a pour objet d'établir les conditions dans
lesquelles vous pouvez utiliser, modifier et diffuser le
LOGICIEL. Toutefois l'INRIA et l'ENPC demeurent les auteurs du
LOGICIEL et conservent la jouissance et l'usage de tous les droits qui
y sont attachés.
2- Définitions
Le LOGICIEL est constitué par toutes les versions successives du
logiciel SCILAB, et de leur documentation, développées par l'INRIA et
l'ENPC.
Les LOGICIELS DERIVES de SCILAB sont constitués de tout ou partie du
LOGICIEL que vous avez modifié et/ou traduit et/ou adapté.
Les LOGICIELS COMPOSITES de SCILAB sont constitués de tout ou partie
du LOGICIEL que vous avez mis en interface avec un logiciel, un
progiciel ou une boîte à outils dont vous êtres propriétaire ou ayant
droit.
3- Objet et conditions de la licence portant sur le LOGICIEL
1. L'INRIA et l'ENPC vous autorisent, gratuittement, à reproduire
sur tout support présent et à venir le code source et/ou le code
objet du LOGICIEL, sans restriction, à condition de faire
figurer sur toutes les copies la mention du copyright suivante :
Scilab (c)INRIA-ENPC.
2. L'INRIA et l'ENPC vous autorisent gratuitement à corriger les
bogues éventuels, à effectuer les modifications nécessaires au
portage du LOGICIEL et à procéder à toute modification ou
correction fonctionnelle usuelle, à condition d'insérer un
fichier patch, ou d'indiquer par tout autre moyen équivalent la
nature et la date de la modification ou de la correction
apportée, sur le(s) fichier(s) concerné(s) du LOGICIEL.
3. L'INRIA et l'ENPC vous autorisent gratuitement, à utiliser le
code source et/ou le code objet du LOGICIEL, sans restriction, à
condition de faire figurer sur toutes les copies la mention du
copyright suivante : Scilab (c)INRIA-ENPC.
4. L'INRIA et l'ENPC vous autorisent gratuitement, à diffuser et
distribuer gratuitement ou à titre onéreux le code source et/ou
le code objet du LOGICIEL y compris du LOGICIEL modifié
conformément à l'article 3 b) ci-dessus, sur tout support
présent et à venir, à condition : * de faire figurer sur toutes
les copies la mention du copyright suivante : Scilab
(c)INRIA-ENPC. * de diffuser ou de distribuer le LOGICIEL sous
la présente licence. * de diffuser librement les fichiers patch
ou les fichiers contenant les moyens équivalents indiquant la
nature et la date de la modification ou de la correction
apportée sur le(s) fichier(s) concerné(s) du LOGICIEL.
4- Objet et conditions de la licence portant sur les LOGICIELS DERIVES
1. L'INRIA et l'ENPC vous autorisent, gratuitement, à reproduire et
à modifier et/ou à traduire et/ou à adapter tout ou partie du
code source et/ou du code objet du LOGICIEL, à condition
d'insérer un fichier patch indiquant la date et la nature de la
modification et/ou de la traduction et/ou de l'adaptation et le
nom de leur auteur sur le(s) fichier(s) concerné(s) du
LOGICIEL. Le LOGICIEL ainsi modifié constitue des LOGICIELS
DERIVES. L'INRIA vous autorise gratuitement, à utiliser le code
source et/ou le code objet du LOGICIEL, sans restriction, à
condition de faire figurer sur toutes les copies la mention du
copyright suivante : Scilab (c)INRIA-ENPC.
2. L'INRIA et l'ENPC vous autorisent gratuitement, à utiliser le
code source et/ou le code objet du LOGICIEL modifié en vertu de
l'article 4-a) ci-dessus, sans restriction, à condition de faire
figurer sur toutes les copies la mention du copyright suivante :
" Scilab inside (c)INRIA-ENPC ".
3. L'INRIA et l'ENPC vous autorisent, gratuitement, à diffuser et à
distribuer à titre gratuit à des fins autres que commerciales,
le code source et/ou le code objet des LOGICIELS DERIVES sur
tout support présent et à venir, à condition : * d'indiquer
clairement la mention " Scilab inside (c)INRIA-ENPC " ; * de
distribuer le LOGICIEL DERIVE sous la présente licence ; * de
permettre aux destinataires de la distribution d'avoir accès au
code source du LOGICIEL ; * de distribuer le LOGICIEL DERIVE
sous une autre dénomination que SCILAB.
4. Toute utilisation ou diffusion commerciale du LOGICIEL DERIVE
doit être préalablement autorisée par l'INRIA et l'ENPC.
5- Objet et conditions de la licence portant sur les LOGICIELS COMPOSITES
1. L'INRIA et l'ENPC vous autorisent à reproduire et à procéder à
l'interface de tout ou partie du LOGICIEL, avec tout ou partie
d'autres logiciels, progiciels ou boîtes à outils dont vous êtes
propriétaires ou titulaires des droits, afin d'obtenir des
LOGICIELS COMPOSITES.
2. L'INRIA et l'ENPC vous autorisent gratuitement, à utiliser le
code source et/ou le code objet du LOGICIEL inclus dans le
LOGICIEL COMPOSITE, sans restriction, à condition de faire
figurer sur toutes les copies la mention du copyright suivante :
" logiciel composite utilisant les fonctionnalités de Scilab
(c)INRIA-ENPC ".
3. L'INRIA et l'ENPC vous autorisent, gratuitement, à diffuser et à
distribuer à titre gratuit, à des fins autres que commerciales,
le code source et/ou le code objet des LOGICIELS COMPOSITES sur
tout support présent et à venir, à condition : * d'indiquer
clairement la mention " logiciel composite utilisant les
fonctionnalités de Scilab (c)INRIA-ENPC " ; * de distribuer le
LOGICIEL inclus dans les LOGICIELS COMPOSITES sous la présente
licence ; * de permettre aux destinataires de la distribution
d'avoir accès au code source du LOGICIEL ; * de distribuer le
LOGICIEL COMPOSITE sous une autre dénomination que SCILAB.
4. Toute utilisation ou diffusion commerciale du LOGICIEL COMPOSITE
doit être préalablement autorisée par l'INRIA et l'ENPC.
6- Limitation de garantie
Sauf mention écrite contraire, le LOGICIEL est fourni en l'état, sans
aucune garantie explicite ou implicite, y compris les garanties de
commercialisation ou d'adaptation. Vous assumez tous les risques quant
à la qualité ou aux effets du LOGICIEL et de son utilisation. Si le
LOGICIEL est défectueux, vous assumez le coût de tous les services,
corrections ou réparations nécessaires.
7- Consentement
En accédant et en travaillant sur le LOGICIEL, vous êtes présumé
connaître et avoir accepté tous les droits et toutes les obligations
résultant de la présente licence.
8- Effet Obligatoire
Cette licence a la valeur obligatoire d'un contrat.
Vous n'êtes pas responsable du respect de la licence par un tiers.
9- Loi applicable
La présente licence et ses effets sont soumis au droit français et aux
tribunaux français compétents.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation.
NEIL HODGSON DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS, IN NO EVENT SHALL NEIL HODGSON BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THIS SOFTWARE.
Statistics Canada Open Licence Agreement
This agreement is between Her Majesty the Queen in Right of Canada, as represented by the Minister for Statistics Canada ("Statistics Canada") and you (an individual or a legal entity that you are authorized to represent).
The following are terms governing your use of the Information. Your use of any Information indicates your understanding and agreement to be bound by these terms. If you do not agree to these terms, you may not use the Information.
Statistics Canada may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Statistics Canada website. Your use of the Information will be governed by the terms of the agreement in force as of the date and time you accessed the Information.
Definitions
"Information" means any data files, data bases, tables, graphs, maps and text for which Statistics Canada is the owner or a licensee of all intellectual property rights and made available to you in accordance with this agreement, at cost or no cost, either on the Statistics Canada website or by other means as a result of a contract for goods or services.
"Value-added Products" means any products you have produced by adapting or incorporating the Information, in whole or in part, in accordance with this agreement.
Licence Grant
Subject to this agreement, Statistics Canada grants you a worldwide, royalty-free, non-exclusive licence to:
use, reproduce, publish, freely distribute, or sell the Information;
use, reproduce, publish, freely distribute, or sell Value-added Products; and,
sublicence any or all such rights, under terms consistent with this agreement.
In doing any of the above, you shall:
reproduce the Information accurately;
not use the Information in a way that suggests that Statistics Canada endorses you or your use of the Information;
not misrepresent the Information or its source;
use the Information in a manner that does not breach or infringe any applicable laws;
not merge or link the Information with any other databases for the purpose of attempting to identify an individual person, business or organization; and
not present the Information in such a manner that gives the appearance that you may have received, or had access to, information held by Statistics Canada about any identifiable individual person, business or organization.
Intellectual Property Rights
Intellectual property rights, being any and all intellectual property rights recognized by the law, including but not limited to, intellectual property rights protected through legislation, in Value-added Products, shall vest in you, in such person as you shall decide or as determined by law.
Intellectual property rights that Statistics Canada may have in the Information shall remain the property of Statistics Canada. Intellectual property rights that third parties may have in the Information shall remain their property.
Acknowledgment of Source
(a) You shall include and maintain the following notice on all licensed rights of the Information:
Source: Statistics Canada, name of product, reference date. Reproduced and distributed on an "as is" basis with the permission of Statistics Canada.
(b) Where any Information is contained within a Value-added Product, you shall include on such Value-added Product the following notice:
Adapted from Statistics Canada, name of product, reference date. This does not constitute an endorsement by Statistics Canada of this product.
Advertising and Publicity
You shall not include on any reproduction of the Information or any material relating to your Value-added Product, or elsewhere:
(a) the name, crest, logos or other insignia or domain names of Statistics Canada or the official symbols of the Government of Canada, including the Canada wordmark, the Coat of Arms of Canada, and the flag symbol, without written authorization from the Treasury Board Secretariat. Request for authorization from the Treasury Board Secretariat may be addressed to:
information@fip-pcim.gc.ca
Federal Identity Program
Treasury Board of Canada Secretariat
300 Laurier Avenue West
Ottawa, Canada K1A 0R5
(b) any annotation that may be interpreted as an endorsement by the Statistics Canada of the Value-added Product or that would imply that you have an exclusive distribution arrangement for any or all of the Information or that you have access to any confidential information or information not available to others.
No Warranty and no Liability
The Information is licensed 'as is', and Statistics Canada makes no representations or warranties whatsoever with respect to the Information, whether express or implied, in relation to the Information and expressly disclaims any implied warranty of merchantability or fitness for a particular purpose of the Information.
Statistics Canada or any of its Ministers, officials, servants, employees, agents, successors and assigns shall not be liable for any errors or omissions in the Information and shall not, under any circumstances, be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage, however caused, that you may suffer at any time by reason of your possession, access to or use of the Information or arising out of the exercise of your rights or the fulfilment of your obligations under this agreement.
Term
This agreement is effective as of the date and time you access the Information and shall terminate automatically if you breach any of the terms of this agreement.
Notwithstanding termination of this agreement:
you may continue to distribute Value-added Products for the purpose of completing orders made before the termination of this agreement provided you comply with the requirements set out in the Acknowledgment of Source clause; and
individuals or entities who have received Value-added Products or reproductions of the Information from you pursuant to this agreement will not have their licences terminated provided they remain in full compliance with those licences.
Survival
All obligations which expressly or by their nature survive termination of this agreement shall continue in full force and effect. For greater clarity, and without limiting the generality of the foregoing, the following provisions survive expiration or termination of this agreement: Acknowledgment of Source, and No warranty and no Liability.
Applicable Law
This agreement shall be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. The parties hereby attorn to the exclusive jurisdiction of the Federal Court of Canada.
Entente de licence ouverte de Statistique Canada
La présente entente est conclue entre Sa Majesté la Reine du chef du Canada, représentée par le ministre responsable de Statistique Canada (« Statistique Canada ») et vous (un particulier ou une personne morale que vous êtes autorisé à représenter).
Vous trouverez ci-après les conditions qui régissent votre utilisation de l'information. Votre utilisation de toute information indique que vous comprenez ces conditions et que vous acceptez d'être lié par celles-ci. Si vous n'acceptez pas ces conditions, il ne vous est pas permis d'utiliser l'information.
Statistique Canada peut modifier cette entente en tout temps, et ces modifications entreront en vigueur dès la publication de la version modifiée de l'entente dans le site Web de Statistique Canada. Votre utilisation de l'information sera régie par les conditions de l'entente en vigueur à la date et à l'heure où vous avez accédé à l'information.
Définitions
L'« information » comprend tout fichier de données, base de données, tableau, graphique, carte ou texte dont Statistique Canada est propriétaire ou concessionnaire de tous les droits de propriété intellectuelle et qui est mis à votre disposition conformément à la présente entente, moyennant des frais ou gratuitement, dans le site Web de Statistique Canada ou par d'autres moyens en vertu d'un contrat pour des biens ou des services.
Les « produits à valeur ajoutée » comprennent tous produits que vous avez élaborés en adaptant ou en intégrant l'information, en tout ou en partie, conformément aux conditions de la présente entente.
Octroi de licence
Sous réserve des conditions de la présente entente, Statistique Canada vous accorde une licence mondiale, libre de redevances et non exclusive vous permettant :
d'utiliser, de reproduire, de publier, de diffuser gratuitement ou de vendre l'information;
d'utiliser, de reproduire, de publier, de diffuser gratuitement ou de vendre les produits à valeur ajoutée;
d'accorder des sous licences conférant une partie ou la totalité de ces droits, conformément aux conditions de cette entente.
Durant l'exécution de toute activité susmentionnée, vous devez :
reproduire l'information avec exactitude;
ne pas utiliser l'information d'une façon qui laisse croire que Statistique Canada vous appuie ou appuie l'utilisation que vous faites de l'information;
ne pas présenter de manière inexacte l'information ou sa source;
utiliser l'information d'une manière qui ne viole ni n'enfreint toute loi applicable;
ne pas fusionner ni lier l'information à toute autre base de données pour tenter d'identifier une personne, une entreprise ou une organisation particulière;
ne pas présenter l'information d'une façon donnant l'impression que vous auriez pu avoir reçu ou avoir eu accès à des renseignements détenus par Statistique Canada sur toute personne, entreprise ou organisation identifiable.
Droits de propriété intellectuelle
Les droits de propriété intellectuelle visant les produits à valeur ajoutée, à savoir tout droit de propriété intellectuelle reconnu par la loi, y compris mais sans s'y limiter les droits de propriété intellectuelle protégés par une législation, vous sont attribués ou sont attribués à la personne que vous désignez ou qui est désignée par application de la loi.
Les droits de propriété intellectuelle visant l'information que possède Statistique Canada demeurent la propriété de Statistique Canada. Les droits de propriété intellectuelle visant l'information qui appartient à des tiers demeurent la propriété de ces derniers.
Mention de la source
(a) Pour tout exercice de vos droits d'utilisation de l'information, vous devez inclure et maintenir la mention suivante :
Source : Statistique Canada, nom du produit, date de référence. Reproduit et diffusé « tel quel » avec la permission de Statistique Canada.
(b) Pour toute information contenue dans un produit à valeur ajoutée, vous devez inclure dans ce produit la mention suivante :
Adapté de Statistique Canada, nom du produit, date de référence. Cela ne constitue pas une approbation de ce produit par Statistique Canada.
Promotion et publicité
Il vous est interdit d'utiliser sur toute reproduction de l'information ou sur tout matériel ayant trait à votre produit à valeur ajoutée, ou ailleurs :
(a) le nom, l'emblème, les logos ou tout insigne ou nom de domaine de Statistique Canada ou les symboles officiels du gouvernement du Canada, y compris le mot symbole « Canada », les armoiries du Canada et le symbole du drapeau, sans l'autorisation écrite du Secrétariat du Conseil du Trésor. La demande d'autorisation au Secrétariat du Conseil du Trésor peut être adressée à :
information@fip-pcim.gc.ca
Programme de coordination de l'image de marque
Secrétariat du Conseil du Trésor du Canada,
300, avenue Laurier Ouest
Ottawa (Canada) K1A 0R5
(b) toute annotation qui pourrait être interprétée comme une approbation du produit à valeur ajoutée par Statistique Canada ou qui sous-entendrait que vous avez conclu une entente de distribution exclusive pour une partie ou pour toute l'information, ou que vous avez accès à des renseignements confidentiels ou non accessibles à d'autres parties.
Pas de garantie ni de responsabilité
L'information est octroyée sous licence « telle quelle », et Statistique Canada ne fait aucune assertion et n'offre aucune garantie d'aucune sorte, explicite ou implicite, relativement à l'information et rejette expressément toute garantie implicite de qualité marchande de l'information ou de son utilité à des fins particulières.
Statistique Canada ni aucun de ses ministres, dirigeants, fonctionnaires, employés, agents, successeurs et ayant droit ne sera tenu responsable d'aucune erreur ni omission dans l'information et ne sera en aucun cas tenu responsable des pertes, blessures ou dommages directs, indirects, spéciaux, conséquents ou autre, quelle qu'en soit la cause, que vous pourriez subir à n'importe quel moment en raison de votre possession de l'information, de votre accès à cette information ou de son utilisation, ou résultant de l'exercice de vos droits ou du respect de vos obligations aux termes de la présente entente.
Terme
La présente entente entre en vigueur à la date et à l'heure où vous accédez à l'information et est résiliée automatiquement si vous enfreignez l'une de ses conditions.
Nonobstant la résiliation de cette entente :
vous pouvez continuer de distribuer les produits à valeur ajoutée aux fins de remplir les commandes faites avant la résiliation de l'entente, à condition que vous respectiez les exigences énoncées dans la clause de mention de la source;
les licences des particuliers ou des personnes morales auxquels vous avez fourni des produits à valeur ajoutée ou des reproductions de l'information en vertu de la présente entente ne seront pas résiliées à condition qu'ils continuent à se conformer entièrement aux conditions de ces licences.
Survie
Les obligations qui survivent à la résiliation de la présente entente, expressément ou en raison de leur nature, demeureront en vigueur. Pour plus de clarté, et sans limiter la généralité de ce qui précède, les dispositions qui suivent survivent à l'expiration ou à la résiliation de la présente entente : « Mention de la source » et « Aucune garantie ni responsabilité ».
Lois applicables
La présente entente est régie et interprétée conformément aux lois de la province de l'Ontario et aux lois du Canada qui sont applicables. Par la présente, les parties reconnaissent la compétence exclusive de la Cour fédérale du Canada.
Copying or modifying this code for any purpose is permitted, provided that this
copyright notice is preserved in its entirety in all copies or modifications
COMPAQ COMPUTER CORPORATION MAKES NO WARRANTIES, EXPRESSED OR IIMPLIED, AS TO
THE USEFULNESS OR CORRECTNESS OF THIS CODE.
Use of these materials are limited to personal and commercial use as long as
long as credits are left intact. Modification of the original material is
permitted as long as credits for the original developer(s) are left intact and
permission is granted by the developer(s).
End User License Agreement for Script#
IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE INSTALLING THIS PRODUCT. BY INSTALLING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT") WHICH CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE LICENSOR (PROJECTS.NIKHILK.NET, HEREAFTER "WE", OR "US") AND THE LICENSEE (EITHER AN INDIVIDUAL OR ENTITY, HEREAFTER "YOU").
THIS AGREEMENT
1.1 In this Agreement, the phrase "Software" means any version of the computer programs above and all associated media, printed materials, "online" or electronic documentation and bundled software.
1.2 The Software is licensed, not sold, to You for use only under the terms of this Agreement. We reserve any rights not expressly granted to You.
1.3 By installing, copying or otherwise using the Software, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement You must not use the Software and must immediately delete any and all copies of the Software in your procession.
GRANT OF LICENSE
2.1 We hereby grant You the following non-exclusive license to use the Software. The rights granted to the Licensee are personal and non-transferable.
2.2 You may deploy the script files included with the product or those generated from using the product to a Web server.
2.3 The following are the restrictions placed on the use of the Software. You may not:
- Remove the auto-generated header identifying Script# as the generator or tool used to produce the script files you deploy into your application or component.
- Modify or adapt the Software into another program or product.
- Reverse engineer, disassemble or decompile, or make any attempt to discover the source code of the Software through current or future available technologies.
- Redistribute, publish or deploy the Software on a standalone basis for others to copy without prior acknowledgment from the Licensor.
- Copy or republish any portion of the documentation without prior acknowledgment from the Licensor.
- Sell, re-license, sub-license, rent, lease any part of the Software or create derivative works.
- Use the Software to perform any unauthorized transfer of information or any illegal purpose.
2.4 We may from time to time create updated versions of the Software and may, at our option, make such updates available to You.
2.5 The Software is pre-release software. We have the sole right to determine all aspects of future updates, changes, and releases of the Software.
2.6 You permit the Software to connect and communicate with our servers to send version and usage information for the purposes of improving the Software or sending information about available updates.
2.7 You agree to indemnify, hold harmless, and defend Us from and against any claims, allegations, lawsuits, losses and costs (including attorney fees), that arise or result from the use, deployment or distribution the software.
2.8 Any feedback including bug reports, feature suggestions or ideas provided by You to Us through any communication channel are given to Us without any associated charge or implied patent or intellectual rights. Thereafter, We have the full right to use, share and commercialize such feedback in any way and
for any purpose. You will not give feedback that is subject to a license that requires Us to license the Software to third parties because of inclusion of such feedback. These rights survive this Agreement.
2.9 We do not provide any support services because the software is being made available to You in "as-is" form.
2.10 We reserve the right to update the Agreement and the terms of the License with newer versions of the Software.
INTELLECTUAL PROPERTY RIGHTS
3.1 The Software is protected by copyright and other intellectual property laws. Title to, ownership of, and all rights and interests in each and every part of the Software (including all copyrights, trademarks, patent rights or other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in Us.
WARRANTIES
4.1 We expressly disclaim any warranty for the Software. The Software and any associated materials are provided "As Is" without warranty of any kind, either express or implied, including without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with You.
TERMINATION
5.1 This Agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in possession. It will also automatically terminate if You fail to comply with any term or condition of this Agreement. You agree on termination of this Agreement to destroy all copies of the Software in possession.
GENERAL TERMS
6.1 This written Agreement is the exclusive agreement between You and Us concerning the Software and supersedes any prior agreement, communication, advertising or representation concerning the Software.
6.2 This Agreement may be modified only by a writing signed by You and Us.
6.3 In the event of litigation between You and Us concerning the Software, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
6.4 This Agreement is governed by the laws of the State of Washington, USA. Irrespective of the country in which the Software was acquired, the construction, validity and performance of the Agreement shall be governed in all respects by English law. You agree to submit to exclusive jurisdiction of English courts.
6.5 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
6.6 You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
SCRUB - Simple Character String Replacer Documentation
First Release: December 1988
Copyright 1988-1993 Duxbury Systems, Inc.
This program and its documentation, that is specifically the files SCRUB.EXE,
SCRUB.ERM, SCRUB.EHL and SCRUB.DOC, may be distributed freely and used for any
legal purpose, provided it is not altered in any way nor its notices, including
this notice, obscured from view.
Duxbury Systems, Inc. of Westford, Massachusetts, USA designs and manufactures
software related to braille. We can be reached at 978-692-3000.
Sun Community Source License v3.0
II. PURPOSES
Original Contributor is licensing the Reference Code and Technology Specifications and is permitting implementation of Technology under and subject to this Sun Community Source License (the "License") to promote research, education, innovation and product development using the Technology.
COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTED ONLY UNDER OPTIONAL SUPPLEMENTS TO THIS LICENSE.
III. RESEARCH USE RIGHTS
A. From Original Contributor. Subject to and conditioned upon Your full compliance with the terms and conditions of this License, including Sections IV (Restrictions and Community Responsibilities) and V.E.7 (International Use), Original Contributor:
1. grants to You a non-exclusive, worldwide and royalty-free license to the extent of Original Contributor's copyrights and trade secret rights in and covering the Reference Code and Technology Specifications to do the following for Your Research Use only:
a) reproduce, prepare derivative works of, display and perform the Reference Code, in whole or in part, alone or as part of Covered Code;
b) reproduce, prepare derivative works of and display the Technology Specifications;
c) distribute source or object code copies of Reference Code, in whole or in part, alone or as part Covered Code, to other Community Members or to students; and
d) distribute object code copies of Reference Code, in whole or in part, alone or as part of object code copies of Covered Code, to third parties.
2. will not, during the term of Your License, bring against You any claim alleging that Your using, making, having made, importing or distributing Community Code for Your Research Use, insofar as permitted under Section III.A.1 of this License, necessarily infringes any patent now owned or hereafter acquired by Original Contributor whose claims cover subject matter contained in or embodied by the Reference Code or which would necessarily be infringed by the use or distribution of any and all implementations of the Technology Specifications.
3. grants to You a non-exclusive, worldwide and royalty-free license, to the extent of its intellectual property rights therein, to use (a) Original Contributor's class, interface and package names only insofar as necessary to accurately reference or invoke Your Modifications for Research Use, and (b) any associated software tools, documents and information provided by Original Contributor at the Technology Site for use in exercising the above license rights.
B. Contributed Code. Subject to and conditioned upon compliance with the terms and conditions of this License, including Sections IV (Restrictions and Community Responsibilities) and V.E.7 (International Use), each Community Member:
1. grants to each Community Member a non-exclusive, worldwide and royalty-free license to the extent of such Community Member's copyrights and trade secret rights in and covering its Contributed Code, to reproduce, modify, display and distribute Contributed Code, in whole or in part, in source code and object code form, to the same extent as permitted under such Community Member's License with Original Contributor (including all supplements thereto).
2. will not, during the term of the Community Member's License, bring against any Community Member any claim alleging that using, making, having made, importing or distributing Contributed Code as permitted under this License (including any supplements) infringes any patents or patent applications now owned or hereafter acquired by such Community Member which patents or patent applications are infringed by using, making, having made, selling, offering for sale, importing or otherwise transferring the Contributed Code ("Community Member Patents"). This covenant shall apply to the combination of the Contributed Code with other Covered Code if, at the time the Contributed Code is posted, such addition of the Contributed Code causes such combination to be covered by the Community Member Patents. The covenant shall not apply to any other combinations which include the Contributed Code or to the use or distribution of modified Contributed Code where the modifications made by the Community Member add to the functions performed by the Contributed Code in question and where, in the absence of such modifications, there would be no infringement of a Community Member Patent.
3. grants to Original Contributor, in addition to the rights set forth in Sections III.B.1 and III.B.2, the right to sublicense all such rights in Contributed Code, in whole or in part, as part of Reference Code or other technologies based in whole or in part on Reference Code or Technology and to copy, distribute, modify and prepare derivative works of Contributed Code Specifications, in whole or in part, in connection with the exercise of such rights.
C. Subcontracting. You may provide Covered Code to a contractor for the sole purpose of providing development services exclusively to You consistent with Your rights under this License. Such Contractor must be a Community Member or have executed an agreement with You that is consistent with Your rights and obligations under this License. Such subcontractor must assign exclusive rights in all work product to You. You agree that such work product is to be treated as Covered Code.
D. No Implied Licenses. Neither party is granted any right or license other than the licenses and covenants expressly set out herein. Other than the licenses and covenants expressly set out herein, Original Contributor retains all right, title and interest in Reference Code and Technology Specifications and You retain all right, title and interest in Your Modifications and associated specifications. Except as expressly permitted herein, You must not otherwise use any package, class or interface naming conventions that appear to originate from Original Contributor.
IV. RESTRICTIONS AND COMMUNITY RESPONSIBILITIES
As a condition to Your license and other rights and immunities, You must comply with the restrictions and responsibilities set forth below, as modified or supplemented, if at all, in Attachment B, Additional Research Use Terms and Conditions.
A. Source Code Availability. You must provide source code and any specifications for Your Error Corrections to Original Contributor as soon as practicable. You may provide other Contributed Code to Original Contributor at any time, in Your discretion. Original Contributor may, in its discretion, post Your Contributed Code and Contributed Code Specifications on the Technology Site. You may post Your Contributed Code and/or Contributed Code Specifications on another website of Your choice; provided, source code of Community Code and Technology Specifications must be provided to Community Members only and only following certification of Community Member status as required under Section IV.D.
B. Notices. You must reproduce without alteration copyright and other proprietary notices in any Covered Code that You distribute. The statement, "Use and Distribution is subject to the Sun Community Source License available at http://sun.com/software/communitysource" must appear prominently in Your Modifications and, in all cases, in the same file as all Your copyright and other proprietary notices.
C. Modifications. You must include a diff file with Your Contributed Code that identifies and details the changes or additions You made, the version of Reference Code or Contributed Code You used and the date of such changes or additions. In addition, You must provide any Contributed Code Specifications for Your Contributed Code. Your Modifications are Covered Code and You expressly agree that use and distribution, in whole or in part, of Your Modifications shall only be done in accordance with and subject to this License.
D. Distribution Requirements. You may distribute object code of Covered Code to third parties for Research Use only pursuant to a license of Your choice which is consistent with this License. You may distribute source code of Covered Code and the Technology Specifications for Research Use only to (i) Community Members from whom You have first obtained a certification of status in the form set forth in Attachment A-1, and (ii) students from whom You have first obtained an executed acknowledgment in the form set forth in Attachment A-2. You must keep a copy of each such certificate and acknowledgment You obtain and provide a copy to Original Contributor, if requested.
E. Extensions.
1. You may create and add Interfaces but, unless expressly permitted at the Technology Site, You must not incorporate any Reference Code in Your Interfaces. If You choose to disclose or permit disclosure of Your Interfaces to even a single third party for the purposes of enabling such third party to independently develop and distribute (directly or indirectly) technology which invokes such Interfaces, You must then make the Interfaces open by (a) promptly following completion thereof, publishing to the industry, on a non-confidential basis and free of all copyright restrictions, a reasonably detailed, current and accurate specification for the Interfaces, and (b) as soon as reasonably possible, but in no event more than thirty (30) days following publication of Your specification, making available on reasonableterms and without discrimination, a reasonably complete and practicable test suite and methodology adequate to create and test implementations of the Interfaces by a reasonably skilled technologist.
2. You shall not assert any intellectual property rights You may have covering Your Interfaces which would necessarily be infringed by the creation, use or distribution of all reasonable independent implementations of Your specification of such Interfaces by a Community Member or Original Contributor. Nothing herein is intended to prevent You from enforcing any of Your intellectual property rights covering Your specific implementation of Your Interfaces or functionality using such Interfaces other than as specifically set forth in this Section IV.E.2.
V. GOVERNANCE.
A. License Versions.
Only Original Contributor may promulgate new versions of this License. Once You have accepted Reference Code, Technology Specifications, Contributed Code and/or Contributed Code Specifications under a version of this License, You may continue to use such version of Reference Code, Technology Specifications, Contributed Code and/or Contributed Code Specifications under that version of the License. New code and specifications which You may subsequently choose to accept will be subject to any new License in effect at the time of Your acceptance of such code and specifications.
B. Disclaimer Of Warranties.
1. COVERED CODE, ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY SUCH COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND CONTRIBUTION OF ANY AND ALL COVERED CODE, TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODE SPECIFICATIONS UNDER THIS LICENSE. NO USE OF ANY COVERED CODE, TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED CODE SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN CONSIDERATION FOR THIS DISCLAIMER.
2. You understand that, although each Community Member grants the licenses set forth in the License and any supplements hereto, no assurances are provided by any Community Member that Covered Code or any specifications do not infringe the intellectual property rights of any third party.
3. You acknowledge that Reference Code and Technology Specifications are neither designed nor intended for use in the design, construction, operation or maintenance of any nuclear facility.
C. Limitation Of Liability.
1. Infringement. Each Community Member disclaims any liability to all other Community Members for claims brought by any third party based on infringement of intellectual property rights. Original Contributor represents that, to its knowledge, it has sufficient copyrights to allow You to use and distribute the Reference Code as herein permitted (including as permitted in any Supplement hereto) and You represent that, to Your knowledge, You have sufficient copyrights to allow each Community Member and Original Contributor to use and distribute Your Shared Modifications and Error Corrections as herein permitted (including as permitted in any supplements to the License). You agree to notify Original Contributor should You become aware of any potential or actual infringement of the Technology or any of Original Contributor's intellectual property rights in the Technology, Reference Code or Technology Specifications.
2. Suspension. If any portion of, or functionality implemented by, the Reference Code, Technology or Technology Specifications becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), Original Contributor may, in its unrestricted discretion, suspend Your rights to use and distribute the Affected Materials under this License. Such suspension of rights will be effective immediately upon Original Contributor's posting of notice of suspension on the Technology Site. Original Contributor has no obligation to lift the suspension of rights relative to the Affected Materials until a final, non-appealable determination is made by a court or governmental agency of competent jurisdiction that Original Contributor is legally able, without the payment of a fee or royalty, to reinstate Your rights to the Affected Materials to the full extent contemplated hereunder. Upon such determination, Original Contributor will lift the suspension by posting a notice to such effect on the Technology Site. Nothing herein shall be construed to prevent You, at Your option and expense, and subject to applicable law and the restrictions and responsibilities set forth in this License and any Supplements, from replacing Reference Code in Affected Materials with non-infringing code or independently negotiating, without compromising or prejudicing Original Contributor's position, to obtain the rights necessary to use Affected Materials as herein permitted.
3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS LICENSE OR ANY SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS (US$1000.00) OR THE FULL AMOUNT PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO EVENT WILL ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (including negligence), WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
D. Termination.
You may terminate this License at any time by notifying Original Contributor in writing.
All Your rights will terminate under this License if You fail to comply with any of the material terms or conditions of this License and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance.
If You institute patent litigation against a Community Member with respect to a patent applicable to Community Code, then any patent licenses or covenants granted by such Community Member to You under this License shall terminate as of the date such litigation is filed. In addition, if You institute patent litigation against any Community Member or Original Contributor alleging that Reference Code, Technology or Technology Specifications infringe Your patent(s), then the rights granted to You under Section III.A above will terminate.
Upon termination, You must discontinue all uses and distribution of Community Code, except that You may continue to use, reproduce, prepare derivative works of, display and perform Your Modifications, so long as the license grants and covenants of this license are not required to do so, for purposes other than to implement functionality designated in any portion of the Technology Specifications. Properly granted sublicenses to third parties will survive termination. Provisions which, by their nature, should remain in effect following termination survive.
E. Miscellaneous.
1. Trademark. You agree to comply with Original Contributors Trademark & Logo Usage Requirements, as modified from time to time, available at the Technology Site. Except as expressly provided in this License, You are granted no rights in or to any Sun, Jini, Jiro or Java trademarks now or hereafter used or licensed by Original Contributor (the "Sun Trademarks"). You agree not to (a) challenge Original Contributor's ownership or use of Sun Trademarks; (b) attempt to register any Sun Trademarks, or any mark or logo substantially similar thereto; or (c) incorporate any Sun Trademarks into Your own trademarks, product names, service marks, company names or domain names.
2. Integration and Assignment. Original Contributor may assign this Research Use License to another by written notification to the other party. This License represents the complete agreement of the parties concerning the subject matter hereof.
3. Severability. If any provision of this License is held unenforceable, such provision shall be reformed to the extent necessary to make it enforceable unless to do so would defeat the intent of the parties, in which case, this License shall terminate.
4. Governing Law. This License is governed by the laws of the United States and the State of California, as applied to contracts entered into and performed in California between California residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Nor shall any law or regulation which provides that a contract be construed against the drafter.
5. Dispute Resolution.
a) Any dispute arising out of or relating to this License shall be finally settled by arbitration as set forth in this Section, except that either party may bring an action in a court of competent jurisdiction (which jurisdiction shall be exclusive), relative to any dispute relating to such party's intellectual property rights. Arbitration will be administered (i) by the American Arbitration Association (AAA), (ii) in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL) (the "Rules") in effect at the time of arbitration, modified as set forth herein, and (iii) by an arbitrator described in Section 5.b who shall apply the governing laws required under Section V.E.4 above. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such award. The arbitrator must not award damages in excess of or of a different type than those permitted by this License and any such award is void.
b) All proceedings will be in English and conducted by a single arbitrator selected in accordance with the Rules who is fluent in English, familiar with technology matters pertinent in the dispute and is either a retired judge or practicing attorney having at least ten (10) years litigation experience. Venue for arbitration will be in San Francisco, California, unless the parties agree otherwise. Each party will be required to produce documents relied upon in the arbitration and to respond to no more than twenty-five single question interrogatories. All awards are payable in US dollars and may include for the prevailing party (i) pre-judgment interest, (ii) reasonable attorneys' fees incurred in connection with the arbitration, and (iii) reasonable costs and expenses incurred in enforcing the award.
6. U.S. Government. If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), the Government's rights in this Software and accompanying documentation shall be only as set forth in this license, in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DoD acquisitions).
7. International Use.
(a) Covered Code is subject to US export control laws and may be subject to export or import regulations in other countries. Each party shall comply fully with all such laws and regulations and acknowledges its responsibility to obtain such licenses to export, re-export or import as may be required. You must pass through these obligations to all Your licensees.
(b) You must not distribute Reference Code or Technology Specifications into countries other than those listed on the Technology Site by Original Contributor, from time to time.
READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE LICENSE. WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY, YOU MUST BE OF MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO CONTRACTS.
SCYLLADB SOFTWARE LICENSE AGREEMENT
Version: 1.0
Last updated: December 18, 2024
Your Acceptance
By utilizing or accessing the Software in any manner, You hereby confirm and agree to be bound by this ScyllaDB Software License Agreement (the "Agreement"), which sets forth the terms and conditions on which ScyllaDB Ltd. ("Licensor") makes the Software available to You, as the Licensee. If Licensee does not agree to the terms of this Agreement or cannot otherwise comply with the Agreement, Licensee shall not utilize or access the Software.
The terms "You" or "Licensee" refer to any individual accessing or using the Software under this Agreement ("Use"). In case that such individual is Using the Software on behalf of a legal entity, You hereby irrevocably represents and warrants that You have full legal capacity and authority to enter into this Agreement on behalf of such entity as well as bind such entity to this Agreement, and in such case, the term "You" or "Licensee" in this Agreement will refer to such entity.
Grant of License
Software Definitions: Software means the ScyllaDB software provided by Licensor, including the source code, object code, and any accompanying documentation or tools, or any part thereof, as made available under this Agreement.
Grant of License: Subject to the terms and conditions of this Agreement, Licensor grants You a limited, non-exclusive, revocable, non-sublicensable, non-transferable, royalty free license to Use the Software, in each case solely for the purposes of:
Copying, distributing, evaluating (including performing benchmarking or comparative tests or evaluations , subject to the limitations below) and improving the Software and ScyllaDB; and
create a modified version of the Software (each, a "Licensed Work"); provided however, that each such Licensed Work keeps all or substantially all of the functions and features of the Software, and/or using all or substantially all of the source code of the Software. You hereby agree that all the Licensed Work are, upon creation, considered Licensed Work of the Licensor, shall be the sole property of the Licensor and its assignees, and the Licensor and its assignees shall be the sole owner of all rights of any kind or nature, in connection with such Licensed Work. You hereby irrevocably and unconditionally assign to the Licensor all the Licensed Work and any part thereof. This License applies separately for each version of the Licensed Work, which shall be considered "Software" for the purpose of this Agreement.
License Limitations, Restrictions and Obligations: The license grant above is subject to the following limitations, restrictions, and obligations. If Licensee’s Use of the Software does not comply with the above license grant or the terms of this section (including exceeding the Usage Limit set forth below), Licensee must: (i) refrain from any Use of the Software; and (ii) purchase a commercial paid license from the Licensor.
Updates: You shall be solely responsible for providing all equipment, systems, assets, access, and ancillary goods and services needed to access and Use the Software. Licensor may modify or update the Software at any time, without notification, in its sole and absolute discretion. After the effective date of each such update, Licensor shall bear no obligation to run, provide or support legacy versions of the Software.
"Usage Limit": Licensee's total overall available storage across all deployments and clusters of the Software and the Licensed Work under this License shall not exceed 10TB and/or an upper limit of 50 VCPUs (hyper threads).
IP Markings: Licensee must retain all copyright, trademark, and other proprietary notices contained in the Software. You will not modify, delete, alter, remove, or obscure any intellectual property, including without limitations licensing, copyright, trademark, or any other notices of Licensor in the Software.
License Reproduction: You must conspicuously display this Agreement on each copy of the Software. If You receive the Software from a third party, this Agreement still applies to Your Use of the Software. You will be responsible for any breach of this Agreement by any such third-party.
Distribution of any Licensed Works is permitted, provided that: (i) You must include in any Licensed Work prominent notices stating that You have modified the Software, (ii) You include a copy of this Agreement with the Licensed Work, and (iii) You clearly identify all modifications made in the Licensed Work and provides attribution to the Licensor as the original author(s) of the Software.
Commercial Use Restrictions: Licensee may not offer the Software as a software-as-a-service (SaaS) or commercial database-as-as-service (dBaaS) offering. Licensee may not use the Software to compete with Licensor's existing or future products or services. If your Use of the Software does not comply with the requirements currently in effect as described in this License, you must purchase a commercial license from the Licensor, its affiliated entities, or you must refrain from using the Software and all Licensed Work. Furthermore, if You make any written claim of patent infringement relating to the Software, Your patent license for the Software granted under this Agreement terminates immediately.
Notwithstanding anything to the contrary, under the License granted hereunder, You shall not and shall not permit others to: (i) transfer the Software or any portions thereof to any other party except as expressly permitted herein; (ii) attempt to circumvent or overcome any technological protection measures incorporated into the Software; (iii) incorporate the Software into the structure, machinery or controls of any aircraft, other aerial device, military vehicle, hovercraft, waterborne craft or any medical equipment of any kind; or (iv) use the Software or any part thereof in any unlawful, harmful or illegal manner, or in a manner which infringes third parties’ rights in any way, including intellectual property rights.
Monitoring; Audit
License Key: Licensor may implement a method of authentication, e.g., a unique license token ("License Key") as a condition of accessing or using the Software. Upon the implementation of such License Key, Licensee agrees to comply with Licensor terms and requirements with regards to such License Key
Monitoring & Data Sharing: Licensor do not collect customer data from its database. Notwithstanding, Licensee acknowledges and agrees that the License Key and Software may share telemetry metrics and information regarding the execution volume and statistics with Licensor regarding Licensee’s use of the same. Any disclosure or use of such information shall be subject to, and in accordance with, Licensor’s Privacy Policy and Data Processing Agreement, which can be found at https://www.scylladb.com/policies-agreements.
Information Requests; Audits: Licensee shall keep accurate records of its access to and use of any Software, and shall promptly respond to any Licensor requests for information regarding the same. To ensure compliance with the terms of this Agreement, during the term of this Agreement and for a period of one (1) year thereafter, Licensor (or an agent bound by customary confidentiality undertakings on its behalf) may audit Licensee’s records which are related to its access to or use of the Software. The cost of such audit shall be borne by Licensor unless it is determined that Licensee has materially breached this Agreement.
Termination
Termination: Licensor may immediately terminate this Agreement will automatically terminate if You for any reason, including without limitation for (i) Licensee’s breach of any term, condition, or restriction of this Agreement, unless such breach was cured to Licensor’s satisfaction within no more than 15 days from the date of the breach. Notwithstanding the foregoing, intentional; or (ii) if Licensee brings any claim, demand or repeated breaches lawsuit against Licensor.
Obligations on Termination: Upon termination of this Agreement by You will cause Your licenses to terminate automatically and permanently, at Licensor’s sole discretion, Licensee must (i) immediately stop using any Software, (ii) return all copies of any tools or documentation provided by Licensor; and (iii) pay amount due to Licensor hereunder (e.g., audit costs). All obligations which by their nature must survive the termination of this Agreement shall so survive.
Indemnity; Disclaimer; Limitation of Liability
Indemnity: Licensee hereby agrees to indemnify, defend and hold harmless Licensor and its affiliates from any losses or damages incurred due to a third party claim arising out of: (i) Licensee’s breach of this Agreement; (ii) Licensee’s negligence, willful misconduct or violation of law, or (iii) Licensee’s products or services.
DISCLAIMER OF WARRANTIES: LICENSEE AGREES THAT LICENSOR HAS MADE NO EXPRESS WARRANTIES REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; TITLE; MERCHANTABILITY; OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. LICENSOR DOES NOT GUARANTEE ANY PARTICULAR RESULTS FROM THE USE OF THE SOFTWARE, AND DOES NOT WARRANT THAT THE SOFTWARE IS FIT FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL LICENSOR AND/OR ITS AFFILIATES, EMPLOYEES, OFFICERS AND DIRECTORS BE LIABLE TO LICENSEE FOR (I) ANY LOSS OF USE OR DATA; INTERRUPTION OF BUSINESS; OR ANY INDIRECT; SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS); AND (II) ANY DIRECT DAMAGES EXCEEDING THE TOTAL AMOUNT OF ONE THOUSAND US DOLLARS ($1,000). THE FOREGOING PROVISIONS LIMITING THE LIABILITY OF LICENSOR SHALL APPLY REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER IN STRICT LIABILITY, CONTRACT OR TORT.
Proprietary Rights; No Other Rights
Ownership: Licensor retains sole and exclusive ownership of all rights, interests and title in the Software and any scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property related thereto, and all derivatives, enhancements, modifications and improvements thereof. Except for the limited license rights granted herein, Licensee has no rights in or to the Software and/ or Licensor’s trademarks, logo, or branding and You acknowledge that such Software, trademarks, logo, or branding is the sole property of Licensor.
Feedback: Licensee is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Software ("Feedback"). If, notwithstanding this policy, Licensee submits Feedback, Licensee understands and acknowledges that such Feedback is not submitted in confidence and Licensor assumes no obligation, expressed or implied, by considering it. All right in any trademark or logo of Licensor or its affiliates and You shall make no claim of right to the Software or any part thereof to be supplied by Licensor hereunder and acknowledges that as between Licensor and You, such Software is the sole proprietary, title and interest in and to Licensor.such Feedback shall be assigned to, and shall become the sole and exclusive property of, Licensor upon its creation.
Except for the rights expressly granted to You under this Agreement, You are not granted any other licenses or rights in the Software or otherwise. This Agreement constitutes the entire agreement between You and the Licensor with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
Third-Party Software: Customer acknowledges that the Software may contain open and closed source components (“OSS Components”) that are governed separately by certain licenses, in each case as further provided by Company upon request. Any applicable OSS Component license is solely between Licensee and the applicable licensor of the OSS Component and Licensee shall comply with the applicable OSS Component license.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Miscellaneous
Miscellaneous: This Agreement may be modified at any time by Licensor, and constitutes the entire agreement between the parties with respect to the subject matter hereof. Licensee may not assign or subcontract its rights or obligations under this Agreement. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.
Governing Law & Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of Israel, without giving effect to their respective conflicts of laws provisions, and the competent courts situated in Tel Aviv, Israel, shall have sole and exclusive jurisdiction over the parties and any conflict and/or dispute arising out of, or in connection to, this Agreement
[End of ScyllaDB Software License Agreement]
By obtaining, using, and/or copying this software and/or its associated documentation, you agree that you have read, understood, and will comply with the following terms and conditions:
Permission to use, copy, modify, and distribute this software and its associated documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies, and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of Secret Labs AB or the author not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
SECRET LABS AB AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL SECRET LABS AB OR THE AUTHOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
This library (libselinux) is public domain software, i.e. not copyrighted.
Warranty Exclusion
------------------
You agree that this software is a
non-commercially developed program that may contain "bugs" (as that
term is used in the industry) and that it may not function as intended.
The software is licensed "as is". NSA makes no, and hereby expressly
disclaims all, warranties, express, implied, statutory, or otherwise
with respect to the software, including noninfringement and the implied
warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
-----------------------
In no event will NSA be liable for any damages, including loss of data,
lost profits, cost of cover, or other special, incidental,
consequential, direct or indirect damages arising from the software or
the use thereof, however caused and on any theory of liability. This
limitation will apply even if NSA has been advised of the possibility
of such damage. You acknowledge that this is a reasonable allocation of
risk.
Stalwart Enterprise License 1.0 (SELv1) Agreement
=================================================
Last Update: July 8, 2024
PLEASE CAREFULLY READ THIS STALWART ENTERPRISE LICENSE AGREEMENT ("AGREEMENT"). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STALWART LABS LTD AND GOVERNS YOUR USE OF THE SOFTWARE (DEFINED BELOW). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE. IF YOU ARE USING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO AGREE TO THIS AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT USE THE SOFTWARE IN ANY MANNER.
This Agreement is entered into by and between Stalwart Labs Ltd and you, or the legal entity on behalf of whom you are acting.
1. DEFINITIONS
1.1. "Software" refers to the Stalwart Mail Server Enterprise Edition software, including all its versions, updates, modifications, accompanying documentation, and related materials.
1.2. "Subscription" refers to the paid access to the Software provided by Licensor to Licensee.
1.3. "Licensor" refers to Stalwart Labs Ltd, the entity providing the Software.
1.4. "Licensee" refers to the individual or entity installing, accessing, or using the Software with a valid Subscription.
1.5. "License Key" refers to the unique code provided by Licensor upon purchasing a Subscription which activates the full features of the Software.
1.6. "Source Code" refers to the human-readable version of the Software's code, as opposed to the compiled machine-readable version.
2. GRANT OF LICENSE
2.1. Licensor grants Licensee a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, and use the Software.
2.2. The use of the Software is conditioned upon Licensee maintaining an active and valid paid subscription with Licensor. The paid subscription covers all versions of the Software and all updates and modifications.
2.3. This license grants Licensee the right to use the Software for both personal and commercial purposes. However, Licensee is expressly prohibited from reselling, leasing, sublicensing, or otherwise redistributing the Software itself.
2.4. This license is further governed by the terms and conditions set forth in any licensing agreements separately executed between Licensor and Licensee. In the event of any conflict between the terms of this Agreement and the terms of a signed licensing agreement, the terms of the signed licensing agreement shall control.
2.5. You are not granted any other rights beyond what is expressly stated herein.
3. LICENSE KEYS
3.1. The Software shall not be used without a valid License Key issued by Licensor.
3.2. Licensee is required to use valid License Keys issued by Licensor to run the Software, including any modified versions. Any attempts to bypass the License Key requirement is a violation of this Agreement.
3.3. Distribution or sharing of License Keys to third parties, not associated with Licensee, is strictly prohibited.
3.4. License Keys are bound to the subscription period. Should your subscription expire, all License Keys will become invalid after 15 days from the subscription expiration date.
3.5. Any instance of the Software using such an expired key will revert to the Community Edition functionality after the aforementioned 15-day period.
4. SOURCE CODE USAGE
4.1. Licensee is permitted to view, copy, and modify the Software's Source Code, as made available by Licensor, solely for Licensee's internal business use and in compliance with this Agreement's terms.
4.2. Any modifications to the Source Code do not grant Licensee any ownership rights to the original Software or any modifications. All rights, title, and interest to the Software and its Source Code remain exclusively with Licensor.
4.3. Licensee is strictly prohibited from altering, removing, or in any way tampering with the License Key validation system within the Software. Any such unauthorized modifications will be considered a material breach of this Agreement and may result in legal action.
4.3. Notwithstanding the availability of the Software's Source Code for review and limited modification, the Software and its Source Code are not open source and remain proprietary to Licensor. The provision of access to the Source Code does not confer any rights typically associated with open source software, including but not limited to the right to freely sublicense, or create derivative works for public distribution. All rights not expressly granted herein are reserved by Licensor.
4.4. Notwithstanding the foregoing, you may copy the Source Code for development and testing purposes, without requiring a Subscription.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not transfer any ownership rights to the Licensee.
5.2. The Licensee must not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Software.
6. TERMINATION
6.1. Licensor reserves the right to terminate this Agreement immediately if the Licensee fails to comply with any terms and conditions of this Agreement.
6.2. In the event of a termination, you will be provided with a written notice, sent to the email address used during your subscription to the Software, outlining the reasons for the termination.
6.3. Upon termination, all rights granted to you under this Agreement will cease, and you must promptly cease all use of the Software.
7. LIMITATION OF LIABILITY
In no event will the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Software; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.
8. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed under the laws of the United Kingdom. Any disputes arising from or related to this Agreement shall be resolved in the jurisdiction of London, UK.
9. DATA PROTECTION & PRIVACY
By using the Software, you consent to the collection, processing, and use of any personal data as required for the functionality of the Software. The specifics of data handling and storage will be outlined in the company's Privacy Policy, which can be accessed on the company's website.
10. ACCEPTANCE
By downloading, installing, or using the Software software, even without explicitly clicking on an "I Agree" button or a similar mechanism, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement.
11. ASSIGNMENT
This Agreement and the rights granted hereunder may not be transferred or assigned by you but may be assigned by Licensor without restriction.
12. SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid for any reason, that provision shall be reformed to the extent necessary to make it enforceable and consistent with the intent of the parties, and the remaining provisions shall remain in full force and effect.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Licensor and the Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by the Licensor.
14. DISCLAIMERS AND WARRANTIES
The Software is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Software will be error-free, that access thereto will be uninterrupted, or that defects will be corrected.
15. INDEMNIFICATION
Licensee agrees to indemnify, defend, and hold harmless Licensor, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your use or misuse of the Software (including negligent or wrongful conduct).
16. FORCE MAJEURE
Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond the reasonable control of a party, including acts of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delays in transportation or communications, or any act or failure to act by the other party or such other party’s officers, employees, agents, or contractors. The parties will promptly inform and consult with each other as to any of the above causes which, in their judgment, may or could be the cause of a delay in the performance of this Agreement.
17. CONTACT INFORMATION
If you have any questions about this Agreement, please contact Stalwart Labs Ltd. at:
Stalwart Labs Ltd.
128 City Road
London, United Kingdom
hello@stalw.art
The Semaphore Enterprise Edition (EE) license (the "EE License")
With regard to the Semaphore Software:
This software and associated documentation files (the "Software") may only be
used if you (and any entity that you represent) have:
(1) agreed to, and are in compliance with, the Semaphore Terms of Service, available
at https://semaphoreci.com/tos (the "Terms"), or other written
agreement with Semaphore Technologies doo governing the use of the Software, and
(2) have a valid Semaphore Enterprise Edition license for self-hosted deployments.
Subject to the foregoing conditions, you are free to modify this Software and publish
patches to the Software. You agree that Semaphore Technologies doo and/or its licensors
(as applicable) retain all right, title and interest in and to all such
modifications and/or patches, and all such modifications and/or patches may only
be used, copied, modified, displayed, distributed, or otherwise exploited with a
valid subscription or license as described above. Notwithstanding the foregoing,
you may copy and modify the Software for development and testing purposes, without
requiring a subscription or license. You agree that Semaphore Technologies doo and/or its
licensors (as applicable) retain all right, title and interest in and to all such
modifications. You are not granted any other rights beyond what is expressly
stated herein. Subject to the foregoing, it is forbidden to copy, merge, publish,
distribute, sublicense, and/or sell the Software.
This EE License applies only to the part of this Software that is not
distributed as part of Semaphore Community Edition (CE). Any part of this Software
distributed as part of Semaphore CE is copyrighted under the Apache License,
Version 2.0. The full text of this EE License shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
For all third party components incorporated into the Semaphore Software, those
components are licensed under the original license provided by the owner of the
applicable component.
Semgrep Registry License
Acceptance
By using the rules, you agree to all of the terms and conditions below.
Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the rules, in each case subject to the limitations and conditions below.
Limitations
You may use the rules only with the Semgrep hosted service operated by licensor. You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the rules. If you copy any of the rules, you must also include the notices of the licensor in that copy. Any use of the licensor’s trademarks is subject to applicable law.
Patents
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the rules, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the rules. If you or your company make any written claim that the rules or the Semgrep hosted service infringes or contributes to infringement of any patent, your patent license for the rules granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
Notices
You must ensure that anyone who gets a copy of any part of the rules from you also gets a copy of these terms. If you modify the rules, you must include in any modified copies of the rules prominent notices stating that you have modified the rules.
No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
Termination
If you use the rules in violation of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.
No Liability
As far as the law allows, the rules come as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the rules, under any kind of legal claim.
Definitions
The licensor is the entity offering these terms. The rules are rules for the Semgrep analysis tool that the licensor makes available under these terms by placing a reference to this license in the download for those rules, including any portion of those rules. you refers to the individual or entity agreeing to these terms. your company is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect. your licenses are all the licenses granted to you for the rules under these terms. use means anything you do with the rules requiring one of your licenses. trademark means trademarks, service marks, and similar rights.
Semgrep Rules License v. 1.0
semgrep.dev/legal/rules-license
Acceptance
By using the rules, you agree to all of the terms and conditions below.
Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use the rules, subject to the limitations and conditions below.
Limitations
You may use the rules only for your own internal business purposes. This license does not allow you to distribute the rules, or to make them available to others as a service.
You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the rules. If you copy any of the rules, you must also include the notices of the licensor in that copy. Any use of the licensor’s trademarks is subject to applicable law.
Patents
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the rules, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the rules. If you or your company make any written claim that the rules or any Semgrep product or service infringes or contributes to infringement of any patent, your patent license for the rules granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
Notices
If you modify the rules, you must include in any modified copies of the rules prominent notices stating that you have modified the rules.
No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
Termination
If you use the rules in violation of these terms, such use is not licensed, and your licenses will automatically terminate.
No Liability
As far as the law allows, the rules come as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the rules, under any kind of legal claim. If this provision is unenforceable under applicable law, your licenses are void.
Definitions
The licensor is Semgrep, Inc..
The rules are the rules for the Semgrep analysis tool that the licensor makes available under these terms, including any portion of those rules.
You refers to the individual or entity agreeing to these terms.
Your company is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. Control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
Your licenses are all the licenses granted to you for the rules under these terms.
Use means anything you do with the rules requiring one of your licenses.
Trademark means trademarks, service marks, rights in logos, and similar rights.
Exception for Applications Version 1.04, January 18, 2013
Exception Intent
We want people to be able to build Free/Libre and Open Source Software ("FLOSS") applications using Sencha SDKs despite the fact that not all FLOSS licenses are compatible with version 3.0 of the GNU General Public License (the "GPL").
This Exception is intended to be used for end-user applications and is not intended to be applied to software development libraries or toolkits, as per section 2(d) below. For development libraries, please refer to the Open Source License Exception for Development.
Terms and Conditions
Definitions
Terms used, but not defined, herein shall have the meaning provided in the GPL.
"Library" means Ext JS, Sencha Touch or Sencha GXT, for which this exception is applicable.
"Derivative Work" means derivative works as defined by US copyright law.
Additional Grants
As a special exception to the terms and conditions of version 3.0 of the GPL:
You are free to distribute a Derivative Work that is formed entirely from the Library and one or more works (each, a "FLOSS Work") licensed under one or more of the licenses listed below in section 5, as long as:
You obey the GPL in all respects for the Library and the Derivative Work, except for identifiable sections of the Derivative Work which are not derived from the Library, and which can reasonably be considered independent and separate works in themselves
All identifiable sections of the Derivative Work which are not derived from the Library, and which can reasonably be considered independent and separate works in themselves, are distributed subject to one of the FLOSS licenses listed below, and
The object code or executable form of those sections are accompanied by the complete corresponding machine-readable source code for those sections on the same medium and under the same FLOSS license as the corresponding object code or executable forms of those sections, and
Any works which are aggregated with the Library or with a Derivative Work on a volume of a storage or distribution medium in accordance with the GPL, can reasonably be considered independent and separate works in themselves which are not derivatives of either the Library, a Derivative Work or a FLOSS Work.
The Derivative Work can reasonably be considered independent and separate work that is intended for use by end-users and not as a library for software development purposes.
Applicability
This exception applies to Ext JS version 2.2 or later, Sencha Touch 1.0 or later and Sencha GXT version 1.0 or later released under the GPL that contain a conspicuous notice with the Derivative Work and conspicuously posted online near any download location, saying that Derivative Works built using the Library may be distributed under the terms of this Exception and that the included Library is subject to the terms of the GPL v3.
This Exception can in no way be considered to grant rights to use or distribute the Library under any license other than the GPL v3.
Termination
If you fail to comply with any of the terms in this Exception then all rights granted to you herein are void and your rights immediately revert back to those granted in the GPL v3.
Open Source License List
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Development and Distribution License (CDDL) 1.0
Common Public License 1.0
Eclipse Public License 1.0
Educational Community License 2.0
European Union Public License (EUPL) 1.1
GNU General Public License (GPL) 2.0
GNU Library or "Lesser" General Public License (LGPL) 3.0
Jabber Open Source License 1.0
MIT License (As listed in file MIT-License.txt) -
Mozilla Public License (MPL) 1.0/1.1/2.0
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) -
Python Software Foundation License 2.1.1
Sleepycat License "1999"
University of Illinois/NCSA Open Source License -
W3C License "2001"
X11 License "2001"
Zimbra Public License 1.3
Zlib/libpng License -
Zope Public License 2.0
Sencha Software License Agreement
Version 3.17
THIS DOCUMENT IS A LEGAL AGREEMENT (the “Agreement”) BETWEEN SENCHA INC. (“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“You”) IN RELATION TO SENCHA SOFTWARE GENERALLY MADE AVAILABLE IN SOURCE CODE FORMAT (“Sencha SDKs”) AND/OR SENCHA SOFTWARE GENERALLY MADE AVAILABLE IN OBJECT CODE FORMAT (“Sencha Tools”). (The Sencha SDKs and the Sencha Tools are sometimes hereinafter collectively referred to as the “Software”.)
RIGHTS GRANTED HEREIN APPLY ONLY TO SOFTWARE FOR WHICH YOU’VE PAID THE APPLICABLE FEE, WHICH MAY INCLUDE THE FOLLOWING SENCHA SDKs: SENCHA EXT JS, SENCHA GXT, SENCHA EXTREACT, SENCHA EXTANGULAR, SENCHA TREE GRID, SENCHA PIVOT GRID, SENCHA CHARTS, SENCHA CALENDAR COMPONENT, AND/OR SENCHA D3 ADAPTER; AND/OR THE FOLLOWING SENCHA TOOLS: SENCHA ARCHITECT, SENCHA JETBRAINS PLUG-IN, SENCHA ECLIPSE PLUG-IN, SENCHA VISUAL STUDIO PLUG-IN, SENCHA VISUAL STUDIO CODE PLUG-IN, SENCHA INSPECTOR, SENCHA THEMER, SENCHA STENCILS, SENCHA EXTGEN, SENCHA EXTBUILD, SENCHA CMD AND/OR SENCHA TEST.
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF AS YOU HAVE NO RIGHTS TO DO SO. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS AND RESTRICTIONS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
1. DEFINITIONS
“Application” means any software, application, or elements that Your Designated Users develop using the Software or Modifications in accordance with this Agreement; provided that any such Application (i) must have substantially different functionality than the Software, and (ii) must not allow any third party to use the Sencha SDKs or Modifications, or any portion thereof, for software development or application development purposes.
“Designated User” shall mean a single distinct person for whom You have purchased a license to use the Software, whether such person is an employee acting within the scope of their employment with You or Your consultant or contractor acting within the scope of the services they provide for You. A Designated User can be replaced with a new Designated User only after being a Designated User for a minimum of six (6) months.
“End User” means an end user of Your Application who acquires a license to such solely for their own internal use and not for distribution, resale, user interface design, or software development purposes.
“Modification” means: a) any addition to or deletion from the contents of a file included in the original Sencha SDKs or previous Modifications created by You, and/or b) any new file that leverages any part of the original Sencha SDKs or previous Modifications.
“Sample Code” means sample source code included with the Software and designated as “sample code,” “samples,” “sample application code,” “stencils,” “app templates,” and/or “snippets,” and/or found in directories labeled “samples” or “examples”.
2. LICENSE GRANTS
2.1 Use Grant. Subject to the payment of the fee required, and subject to Your compliance with all of the terms and conditions of this Agreement, except to the extent You has purchased a Subscription License (as defined in Section 7), We grant to You a revocable, non-exclusive, non-transferable, non-sublicensable, perpetual right and license (i) for Designated User(s) to use the Software to create Modifications and Applications; (ii) for You to distribute the Sencha SDKs and/or Modifications to End Users solely as integrated into the Applications; and (iii) for End Users to use the Sencha SDKs as integrated into Your Applications.
2.2 Trial License. In addition to the other terms contained herein, and subject to Your compliance with all of the terms and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the Software (the “Trial License”) strictly for Your internal evaluation and review purposes and not for production purposes. This Trial License applies only if You have registered with Us for a Trial License of the Software and shall be effective for thirty (30) consecutive days following the date of registration (“the Trial Period”). You may only register for a Trial License once in any eighteen month period. You agree not to use a Trial License for any purpose other than determining whether to purchase a license to the Software. You are explicitly not permitted to distribute the Software to any user outside the Organization on whose behalf You have undertaken this license. Your rights to use the Trial License will immediately terminate upon the earlier of (i) the expiration of the Trial Period, or (ii) such time that You purchase a license to the Software. We reserve the right to terminate Your Trial License at any time in Our absolute and sole discretion.
2.3 Beta License. In addition to the other terms contained herein, in the event You have downloaded or received beta or pre-release versions of the Software (the “Beta Software”) from Us, subject to Your compliance with all of the terms and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the Beta Software strictly for Your internal evaluation and review purposes and not for production purposes (the “Beta License”). You are explicitly not permitted to distribute the Software to any user outside the Organization on whose behalf You have undertaken this license. Your rights to use the Beta Software will immediately terminate upon the earlier of (i) the expiration of the evaluation period established by Us, or (ii) such time that You purchase a license to a non-evaluation version of the Software. We reserve the right to terminate Your Beta License at any time in Our absolute and sole discretion.
2.4 Reservation. YOU ACKNOWLEDGE THAT TRIAL AND/OR BETA SOFTWARE MIGHT PLACE WATERMARKS ON OUTPUT, CONTAIN LIMITED FUNCTIONALITY, FUNCTION FOR A LIMITED PERIOD OF TIME, OR LIMIT THE FUNCTIONALITY OR TIME OF FUNCTIONING OF ANY OUTPUT. ACCESS TO AND/OR USE OF ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK. WE ARE LICENSING THE SOFTWARE ON AN “AS IS” BASIS AT YOUR OWN RISK AND WE DISCLAIM ANY WARRANTY OR LIABILITY TO YOU OF ANY KIND.
2.5 Sample Code. You may modify the Sample Code solely for the purposes of designing, developing and testing Applications. You are permitted to use, copy and redistribute Your modified Sample Code only if all of the following conditions are met: (a) You include Our copyright notice (if any) with Your Application, including every location in which any other copyright notice appears in such Application; (b) You do not otherwise use Our name, logos or other of Our trademarks to market Your Application, unless otherwise agreed by Us in writing; and (c) each Designated User is duly licensed to use and distribute any of Our products that may be included in an application using and/or generated by the Software.
3. OWNERSHIP
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.
We provide You with source code to the Sencha SDKs so that You can create Modifications and Applications. While You retain all rights to any original work authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Sencha SDKs.
You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.
4. PROHIBITED USES OF SENCHA SDKs
You may not redistribute the Sencha SDKs or Modifications other than by including the Sencha SDKs or a portion thereof within Your Application. You may not redistribute the Sencha SDKs or Modifications as part of any Application of which all or any part can be described as a development toolkit or library, an application builder, a website builder, an user interface designer, or is intended for use by software, application, or website developers or designers. You may not redistribute any part of the Sencha SDKs documentation. You may not change or remove the copyright notice from any of the files included in the Sencha SDKs or Modifications.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SENCHA SDKS FOR AN APPLICATION THAT IS INTENDED FOR SOFTWARE OR APPLICATION DEVELOPMENT PURPOSES.
You are required to ensure that the Sencha SDKs is not reused by or with any applications other than those with which You distribute it as permitted herein. For example, if You install the Sencha SDKs on a customer’s server, that customer is not permitted to use the Sencha SDKs independently of Your Application, and must be informed as such.
Alternate versions of the Sencha SDKs (“GPL Version”) may be licensed under the terms of the GNU General Public License versions 3.0 (“GPL”). If You, or another third party, has, at any time, developed all or any portion of the Application(s) using a GPL Version, You may not combine such work with the Sencha SDKs licensed hereunder, and You must license such application(s) under the terms of the GNU General Public License version 3.
5. PROHIBITED USES OF SENCHA TOOLS
You agree not to sublicense, assign or transfer the Sencha Tools or Your rights in the Sencha Tools, or authorize any portion of the Sencha Tools to be copied onto or accessed from another individual’s or entity’s computer except as may be explicitly provided in this Agreement. Notwithstanding anything to the contrary in this section, You may transfer copies of the Sencha Tools installed on one of Your computers to another one of Your computers provided that the resulting installation and use of the Sencha Tools is in accordance with the terms of this Agreement and does not cause You to exceed Your right to use the Sencha Tools under this Agreement. Except as expressly authorized under this Agreement, You are prohibited from: (a) renting, leasing, lending or granting other rights in the Sencha Tools including rights on a membership or subscription basis; and (b) providing use of the Sencha Tools in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis.
You agree not to modify, port, adapt or translate the Sencha Tools. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Sencha Tools. You agree not to use any part of the Sencha Tools or Your knowledge of the Sencha Tools (or any information that You learn as a result of Your use of the Sencha Tools) to create a product with the same or substantially the same functionality as the Sencha Tools. The Sencha Tools may include various applications, utilities and components, may support multiple platforms and languages or may be provided to You on multiple media or in multiple copies. Nonetheless, the Sencha Tools is designed and provided to You as a single product to be used as a single product on computers and platforms as permitted herein. You are not required to use all component parts of the Sencha Tools, but You shall not unbundle any component parts of the Sencha Tools for use on different computers. You shall not unbundle or repackage the Sencha Tools for distribution, transfer or resale.
You agree to use the Software pursuant to the terms and conditions of this Agreement, and not any other terms or conditions unless provided in writing signed by the parties hereto.
6. TERMINATION
This Agreement and Your right to use the Software and Modifications will terminate immediately if You fail to comply with any of the terms and conditions of this Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents. The provisions of sections 3, 4, 5, 6, 7, 8, 10, and 11 will survive any termination of this Agreement.
A license to Sencha Test (unless bundled as part of Sencha Ext JS Enterprise) as provided under Section 2 of this Agreement (a “Term License”) commences on the date of purchase and continues for an initial term of one (1) year or more, depending on the fee paid (the “Initial Term”). A Term License will automatically terminate at the end of the Initial Term, unless You choose to extend the Term License, subject to Our agreement based on payment of the applicable fees (each such extension is referred to as an “Extension”). The “Term” shall mean the Initial Term as extended by each Extension. Upon the expiration of the Term, the applicable Term Licenses shall terminate automatically, and You shall immediately cease use of Sencha Test, provided, however, that any licenses for use of Sencha Test scripts granted to You in accordance with the terms and conditions hereof shall survive such termination.
7. ADDITIONAL LICENSE TERMS APPLICABLE TO THE SUBSCRIPTION LICENSE
In the event You has purchased a license to Sencha Ext JS, Sencha GXT, ExtReact and/or Sencha ExtAngular (each a “Subscription Software”) under the Single Developer Subscription License program the following terms apply – the terms contained in this Section do not apply to perpetual, Trial licenses or Beta licenses. Subject to the payment of the fee required, and subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license (i) for Designated User(s) to use the Subscription Software to create Modifications and Applications; (ii) for You to distribute the Subscription Software and/or Modifications to End Users solely as integrated into the Applications; and (iii) for End Users to use the Subscription Software as integrated into Your Applications (the “Subscription License”). The term of the Subscription License commences on the date of purchase and will continue for an initial term of one (1) year (the “Initial Subscription Term”). Upon expiration of each Initial Subscription Term, if You elected a subscription plan with auto-renewals, the Subscription Term will automatically renew for successive one (1) year terms (each a “Subscription Renewal” and together with the Initial Subscription Term, the “Subscription Term”) at the then current fee unless either party gives written notice of its intent not to renew at least thirty (30) days prior to the end of the current Subscription Term. If You elected a subscription plan without auto-renewals, the Subscription License will automatically terminate at the end of the Initial Subscription Term. Upon the expiration or termination of the Subscription Term, the Subscription License shall terminate automatically, and You shall immediately cease Your use of the applicable Subscription Software. However, You can continue distributing and allowing End User use of the Modification and Application developed using the Subscription Software during the Subscription Term, in accordance with the terms and conditions of this Agreement.
8. ADDITIONAL LICENSE TERMS APPLICABLE TO THE COMMUNITY EDITION
In the event You have obtained a Sencha Ext JS Standard Community Edition license (the “Community Edition”), the following terms apply in addition to the General Terms described in Section 2 above. Please note that the Community Edition does not include all the software packages that Sencha Ext JS includes, and in particular does not include Ext JS Classic, Ext JS Charts, and many Ext JS fonts and themes. Please see Our website for a complete description of what is included in the Community Edition. We reserve the right to update or change the software included in the Community Edition at our discretion, and any such change shall take effect with respect to Your Community Edition after the expiration of Your Community Edition Term (as defined below). The Community Edition may or may not contain the most recent versions of the included software. Note that Sencha GXT is not offered and may not be licensed as a Community Edition.
The Community Edition license applies solely if Your cumulative annual revenue (of the for-profit organization, the government entity or the individual developer) or any donations (of the non-profit organization) does not exceed USD $10,000.00 (or the equivalent in other currencies) (the “Threshold”). If You are an individual developer, the revenue of all contract work performed by You in one calendar year may not exceed the Threshold (whether or not the Community Edition is used for all projects). For example, a developer who receives payment of more than $10,000.00 for a single project (or more than $10,000.00 for multiple projects) even if such engagements do not anticipate the use of the Community Edition, is not allowed to use the Community Edition. In addition, a developer building solely an app store application would not be allowed to use the Community Edition once the app store revenue reaches a revenue of $10,000.00 or more in a year. If You are a company that has a cumulative annual revenue which exceeds the Threshold, then You are not allowed to use the Community Edition, regardless of whether the Community Edition is used solely to write applications for the business’ internal use or is seen by third parties outside the company or has a direct revenue associated with it. If You do not qualify to use the Community Edition or otherwise satisfy the additional terms and restrictions applicable to the Community Edition described in this Section, You may not download or use the Community Edition and any such use is unauthorized, constitutes a violation of this Agreement and may constitute a misappropriation of Our intellectual property rights.
You may use a Community Edition license to create Modifications and Applications (i) for which You do not charge directly or indirectly a fee or receive other consideration including but not limited to a license fee, a service fee, a development fee, a consulting fee, a subscription fee, a support fee, a hosting fee, or receive an income, or the like (“License Fees”) or (ii) to the extent You charge a License Fees, Your cumulative annual revenue shall not exceed USD $10,000.00 (or the equivalent in other currencies). In the event You elect to license the Community Edition (for profit or non-profit) then the total number of the Community Edition licenses deployed may not exceed five (5) Designated Users.
The term of the Community Edition license is for one year from acceptance of your registration of the Community Edition (the “Community Edition Term”) and will automatically expire upon the end of the Community Edition Term – the Community Edition license will not auto-renew. To the extent You want to continue using the Community Edition after the expiration or termination of Your Community Edition Term, You must register and be accepted for another Community Edition Term and agree with the terms and conditions of the Agreement in force at that time. Upon expiration or termination of the Community Edition Term, You shall immediately cease Your use of the Community Edition and cease any further development of the Modifications and Applications. However, You can continue distributing the Modifications and Applications that you developed with the Community Edition during the Community Edition Term, in accordance with the terms and conditions of this Agreement.. All restrictions and conditions relating to the Community Edition license shall survive the termination or expiration of Your Community Edition Term. The Community Edition license granted under this Section will automatically terminate upon Your breach of the terms specified herein. The support described in this Agreement does not apply to the Community Edition.
We will collect information about Your use of the Community Edition for auditing purposes and to improve Our products and services. For more information about Our collection, use and disclosure of personal data, please review Our Privacy Policy at sencha.com/privacy.
9. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR THE CODE IT PRODUCES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
10. LIMITATION OF LIABILITIES
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE TO YOU, WHETHER IN CONTRACT, BY REASON OF NEGLIGENCE OR OTHERWISE, FOR PUNITIVE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFIT IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF OR INABILITY TO USE THE SOFTWARE, OR NON-PERFORMANCE OF ANY OBLIGATIONS PROVIDED HEREUNDER, OR IN CONNECTION WITH ANY CLAIM ARISING FROM THIS AGREEMENT, EVEN IF WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS YOU AGREE THAT OUR ENTIRE LIABILITY HEREUNDER FOR DAMAGES SHALL NOT EXCEED THE LESSER OF (I) THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU WITHIN THE SIX MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE THE LIABILITY THAT GAVE RISE TO DAMAGES WAS INCURRED; AND (II) FIVE HUNDRED DOLLARS ($500).
11. VERIFICATION
We or a certified auditor acting on Our behalf, may, upon Our reasonable request and at Our expense, audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to Your place of business. Any such in-person audit shall be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that You are using the Software in a way that is in material violation of the terms of this Agreement, then You shall pay Our reasonable costs of conducting the audit. In the case of a material violation, You agree to pay Us any amounts owing that are attributable to the unauthorized use. In the alternative, We reserve the right, at Our discretion, to terminate the licenses for the Software, in addition to any other remedies available under law. This Section shall survive expiration or termination of this Agreement for a period of two (2) years.
We will collect information about Your use of the Software for auditing purposes and to improve Our products and services. For more information about Our collection, use and disclosure of personal data, please review Our Privacy Policy at sencha.com/privacy.
12. PAYMENT AND TAXES
If credit has been extended to You by Us, all payments under this Agreement are due within thirty (30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall be required to make payment concurrent with the delivery of the Software by Us. Any value added tax, use tax, sales tax or similar tax (“Transaction Taxes”) shall be Your sole responsibility. Each party shall pay all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld or deducted from payments); provided that You shall be responsible for all Transactions Taxes and shall pay or reimburse Us for the same upon invoice. Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original withholding tax certificates. Notwithstanding the foregoing, Software ordered through Our resellers is subject to the fees and payment terms set forth on the applicable reseller invoice.
13. MISCELLANEOUS
13.1 Limitations. The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement, and to any updates and/or upgrades to which You may be entitled. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase or download of that version of the Software. Support and maintenance, including rights to updates and upgrades, are provided pursuant to the terms of the Sencha Support and Maintenance Agreement. You agree that You will comply with all applicable laws and regulations with respect to the Software, including without limitation all export and re-export control laws and regulations.
13.2 Support Services. While redistributing the Sencha SDKs or Modifications thereof as part of Your Application, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on our behalf. You shall indemnify Us and our resellers, or at Our option, defend Us and our resellers against any claim, suit or proceeding brought against Us or our resellers (i) arising by reason of Your accepting any such support, warranty, indemnity or additional liability; or (ii) arising out of the use, reproduction or distribution of Your Application, except to the extent such claim is solely based on the inclusion of the Sencha SDKs therein. Further, You agree only to distribute the Sencha SDKs pursuant to an enforceable written agreement for Our benefit that includes all the limitations and restrictions of this Agreement and is as protective of Us and Sencha SDKs as is this Agreement. For clarity, for Sencha SDKs for which You have paid a fee, You must purchase Designated User licenses for each contractor or consultant who uses the Sencha SDKs to create an Application on Your behalf (including system integrators), whether or not such contractor or consultant has its own license to the Sencha SDKs.
13.3 Consent. You agree to be identified as a customer of Ours and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.
13.4 Assignment. You may not assign or transfer this Agreement without Our prior written consent. Any attempted assignment or delegation in violation of this Section shall be null and void. This Agreement may be assigned by Us in whole or part and will inure to the benefit of Our successors and assigns. Notwithstanding the foregoing, in any instance in which You transfer ownership of an Application on a work for hire basis, You may assign licenses for the total Designated Users that have used the Software to develop said Application under this Agreement to another party (Assignee) provided (i) You provide written notice to Us prior to the effective date of such assignment; and (ii) the transfer is in quantities We generally make available to Our customers (minimum 5 Designated Users); and (iii) there is a written agreement, wherein the Assignee accepts the terms of this Agreement. Upon any such transfer, the Assignee may appoint new Designated Users. For license(s) purchased under our Independent Consultant Program: (i) you represent and warrant that the information you provided to us is true and correct in all material regards, and (ii) notwithstanding any provision herein to the contrary, you may assign any such license(s) to the entity you designated to us as the Client, provided that assignee accepts the terms of this Agreement in connection with the Assignment. On any such assignment, the assignee may change the Designated User.
13.5 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No oral or written information given by Us, Our resellers, or otherwise on Our behalf shall create a warranty or collateral contract, or in any way increase the scope of this Agreement in any way, and You may not rely on any such oral or written information. Any waivers or amendments shall be effective only if made in writing. Further, any different or additional terms of any related purchase order, confirmation, or similar form shall have no force or effect. The license granted herein is conditioned upon the acceptance of the terms and conditions hereof to the exclusion of all other terms, and no other or additional terms shall apply, unless so provided in writing signed by the parties hereto. You expressly agree by Your use of the Software that no such other, different or additional terms or conditions shall apply, notwithstanding any statements to the contrary included in any purchase order, confirmation, or similar form, and regardless of whether we accept payments referenced therein which shall not constitute acceptance of additional terms and conditions.
13.6 No Implied License. There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no licenses or immunities are granted to the combination of the Software and/or Modifications, as applicable, with any other software or hardware not delivered by Us or Our resellers to You under this Agreement. Your rights under this Agreement apply only to Software, Modifications, and/or Applications for which all Designated Users are duly licensed hereunder.
13.7 Legal Effect. If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall continue in full force and effect. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Agreement shall remain in effect. The failure of either party to enforce any provision of this Agreement may not be deemed a waiver of that or any other provision of this Agreement.
13.8 Applicable Law. This Agreement, and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement and/or the Software shall be governed by the law of the State of Texas, United States (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the state or federal courts of the State of Texas and further agree to commence any litigation which may arise hereunder or related hereto and/or to the Software in the state or federal courts located in the judicial district of Travis County, Texas, US.
13.9 Commercial Computer Software. If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be “commercial computer software” or “commercial computer software documentation,” as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.
13.10 Definition of Sencha Bundles Packages.
(i) Sencha Ext JS Bundles:
Sencha Ext JS Pro includes Sencha Ext JS (which includes Sencha Tree Grid and Sencha Charts), Sencha Stencils, Sencha Visual Studio Code Plugin, Sencha ExtGen, Sencha ExtBuild, Sencha Cmd, Sencha Architect, Sencha JetBrains Plugin, Sencha Eclipse Plugin, Sencha Visual Studio Plugin, and Sencha Themer.
Sencha Ext JS Enterprise includes all the Sencha Ext JS Pro Software and Sencha Pivot Grid, Sencha Inspector, Sencha Calendar Component, Sencha Exporter, Sencha D3 Adapter, ExtAngular Premium, ExtReact ProPremium and Sencha Test.
(ii) Sencha GXT Bundles:
Sencha GXT Premium includes Sencha GXT (which includes GXT Charts and GXT Theme Builder), Sencha Ext JS (which includes Sencha Tree Grid and Sencha Charts), Sencha Stencils, Sencha Visual Studio Code Plugin, Sencha ExtGen, Sencha ExtBuild, Sencha Cmd, and Sencha Themer.
(iii) Sencha ExtReact Bundles:
Sencha ExtReact Pro includes Sencha ExtReact, Sencha Cmd, Sencha Themer, Sencha Tree Grid, Sencha Pivot Grid, Sencha Calendar Component, Sencha Exporter, and Sencha D3 Adapter.
(iv) Sencha ExtAngular Bundles:
Sencha ExtAngular Standard includes Sencha ExtAngular, and Sencha Cmd.
Sencha ExtAngular Premium includes all the Sencha ExtAngular Standard Software and Sencha Themer, Sencha Tree Grid, Sencha Pivot Grid, Sencha Calendar Component, Sencha Exporter, and Sencha D3 Adapter.
Sencha Software License Agreement
Summary of Important Use Restrictions
Please read the entire agreement and definitions below.
Commercial vs. Open Source License
Source Software may be made available under this Commercial License and under the GNU General Public License version 3 (GPLv3). This Commercial License requires the payment of a fee for each Designated User (i.e. developer). If you choose not to pay a fee and use the GPLv3 license, you are required to release the source code of any program that you distribute with the Software. If you choose to pay for a Commercial License, you are not required to disclose your source code. No closed source application can include or use Sencha Ext JS or Sencha GXT unless commercially licensed, whether or not you modify these libraries.
GPL & Trial Development
You cannot commence development of an application under GPLv3 license and later convert to a commercial license. You cannot develop during a trial period and continue development beyond the trial period (30 days). You must download the appropriate version of the Software (GPL or Commercial) for the license that you are using. If you fail to comply with licensing requirements you may be subject to action for intellectual property rights infringement.
Prohibited Uses
Under this Commercial License, you are not allowed to create applications that can be described as a development toolkit or library, an application builder, a website builder or any application that is intended for use by software, application, or website developers or designers. If you are concerned about this prohibition, you can discuss getting an OEM license by emailing us at license@sencha.com.
Designated Users
Under this Commercial License, each Designated User (a developer or anybody using the Software to design UI) must be licensed. You can move the license to another Designated User every 6 months.
Consultants and Software Integrators
Consultants and SI’s that develop applications must ensure that the third parties for which they develop are licensed for the Software. In some cases, you can transfer your license to the third party, and in other cases third parties will need to have their own Commercial License. Consultants can’t use the same license to build application for multiple customers, if the customers are to own the application, unless the third parties purchase a commercial license directly.
Certain consultants and integrators can take advantage of our Independent Consultant Program, which offers commercial licenses for fewer developers.
License Term
Ext JS / GXT: Licenses for Sencha Ext JS and Sencha GXT include perpetual development and use rights, with version upgrades under annual Maintenance and Support (1 year included).
Ext JS Single Developer Subscription License: Sencha Ext JS may also be licensed on an annual basis which includes support, and must be current to develop, distribute, and use applications.
ExtReact: Sencha ExtReact is licensed on an annual basis which includes support, and must be current to develop applications. Rights to distribute and use applications are perpetual.
Sencha Test: Sencha Test is licensed on an annual basis which includes support, and must be current to access the Sencha Test tools. Rights to use test scripts are perpetual.
Please read the entire agreement and definitions below. Your Commercial License is governed by the terms below and not by the terms of this Summary of Important License Use Restrictions.
Sencha Software License Agreement
Version 3.9
THIS DOCUMENT IS A LEGAL AGREEMENT (the "Agreement") BETWEEN SENCHA INC. ("We," "Us") AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT ("You") IN RELATION TO SENCHA SOFTWARE GENERALLY MADE AVAILABLE IN SOURCE CODE FORMAT ("Sencha SDKs") AND/OR SENCHA SOFTWARE GENERALLY MADE AVAILABLE IN OBJECT CODE FORMAT ("Sencha Tools"). (The Sencha SDKs and the Sencha Tools are sometimes hereinafter collectively referred to as the "Software".)
RIGHTS GRANTED HEREIN APPLY ONLY TO SOFTWARE FOR WHICH YOU’VE PAID THE APPLICABLE FEE, WHICH MAY INCLUDE THE FOLLOWING SENCHA SDKs: SENCHA EXT JS, SENCHA GXT, SENCHA EXTREACT, SENCHA TREE GRID, SENCHA PIVOT GRID, SENCHA CHARTS, SENCHA CALENDAR COMPONENT, AND/OR SENCHA D3 ADAPTER; AND/OR THE FOLLOWING SENCHA TOOLS: SENCHA ARCHITECT, SENCHA JETBRAINS PLUG-IN, SENCHA ECLIPSE PLUG-IN, SENCHA VISUAL STUDIO PLUG-IN, SENCHA VISUAL STUDIO CODE PLUG-IN, SENCHA INSPECTOR, SENCHA THEMER, SENCHA STENCILS, SENCHA CMD, AND/OR SENCHA TEST.
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF AS YOU HAVE NO RIGHTS TO DO SO. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS AND RESTRICTIONS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
1. DEFINITIONS
"Application" means any software, application, or elements that Your Designated Users develop using the Software or Modifications in accordance with this Agreement; provided that any such Application (i) must have substantially different functionality than the Software, and (ii) must not allow any third party to use the Sencha SDKs or Modifications, or any portion thereof, for software development or application development purposes.
"Designated User" shall mean a single distinct person for whom You have purchased a license to use the Software, whether such person is an employee acting within the scope of their employment with You or Your consultant or contractor acting within the scope of the services they provide for You. A Designated User can be replaced with a new Designated User only after being a Designated User for a minimum of six (6) months.
"End User" means an end user of Your Application who acquires a license to such solely for their own internal use and not for distribution, resale, user interface design, or software development purposes.
"Modification" means: a) any addition to or deletion from the contents of a file included in the original Sencha SDKs or previous Modifications created by You, and/or b) any new file that leverages any part of the original Sencha SDKs or previous Modifications.
"Sample Code" means sample source code included with the Software and designated as "sample code," "samples," "sample application code," "stencils," "app templates," and/or "snippets," and/or found in directories labeled "samples" or "examples".
2. LICENSE GRANT
Subject to the payment of the fee required, and subject to Your compliance with all of the terms and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and non-sublicensable license (i) for Designated User(s) to use the Software to create Modifications and Applications; (ii) for You to distribute the Sencha SDKs and/or Modifications to End Users solely as integrated into the Applications; and (iii) for End Users to use the Sencha SDKs as integrated into Your Applications in accordance with the terms of this Agreement.
In addition to the other terms contained herein, and subject to Your compliance with all of the terms and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the Software (the "Trial License") strictly for Your internal evaluation and review purposes and not for production purposes. This Trial License applies only if You have registered with Us for a Trial License of the Software and shall be effective for thirty (30) consecutive days following the date of registration ("the Trial Period"). You may only register for a Trial License once in any eighteen month period. You agree not to use a Trial License for any purpose other than determining whether to purchase a license to the Software. You are explicitly not permitted to distribute the Software to any user outside the Organization on whose behalf You have undertaken this license. Your rights to use the Trial License will immediately terminate upon the earlier of (i) the expiration of the Trial Period, or (ii) such time that You purchase a license to the Software. We reserve the right to terminate Your Trial License at any time in Our absolute and sole discretion.
In addition to the other terms contained herein, in the event You have downloaded or received beta or pre-release versions of the Software (the "Beta Software") from Us, subject to Your compliance with all of the terms and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and non-sublicensable license to install and use the Beta Software strictly for Your internal evaluation and review purposes and not for production purposes (the "Beta License"). You are explicitly not permitted to distribute the Software to any user outside the Organization on whose behalf You have undertaken this license. Your rights to use the Beta Software will immediately terminate upon the earlier of (i) the expiration of the evaluation period established by Us, or (ii) such time that You purchase a license to a non-evaluation version of the Software. We reserve the right to terminate Your Beta License at any time in Our absolute and sole discretion.
YOU ACKNOWLEDGE THAT TRIAL AND/OR BETA SOFTWARE MIGHT PLACE WATERMARKS ON OUTPUT, CONTAIN LIMITED FUNCTIONALITY, FUNCTION FOR A LIMITED PERIOD OF TIME, OR LIMIT THE FUNCTIONALITY OR TIME OF FUNCTIONING OF ANY OUTPUT. ACCESS TO AND/OR USE OF ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK. WE ARE LICENSING THE SOFTWARE ON AN "AS IS" BASIS AT YOUR OWN RISK AND WE DISCLAIM ANY WARRANTY OR LIABILITY TO YOU OF ANY KIND.
Subject to the payment of the fee required, You may modify the "Sample Code" solely for the purposes of designing, developing and testing Applications. You are permitted to use, copy and redistribute Your modified Sample Code only if all of the following conditions are met: (a) You include Our copyright notice (if any) with Your Application, including every location in which any other copyright notice appears in such Application; (b) You do not otherwise use Our name, logos or other of Our trademarks to market Your Application, unless otherwise agreed by Us in writing; and (c) each Designated User is duly licensed to use and distribute any of Our products that may be included in an application using and/or generated by the Software.
3. OWNERSHIP
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.
We provide You with source code to the Sencha SDKs so that You can create Modifications and Applications. While You retain all rights to any original work authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Sencha SDKs.
You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.
4. PROHIBITED USES (SENCHA SDKs)
You may not redistribute the Sencha SDKs or Modifications other than by including the Sencha SDKs or a portion thereof within Your Application. You may not redistribute the Sencha SDKs or Modifications as part of any Application that can be described as a development toolkit or library, an application builder, a website builder a user interface designer, or any application that is intended for use by software, application, or website developers or designers. You may not redistribute any part of the Sencha SDKs documentation. You may not change or remove the copyright notice from any of the files included in the Sencha SDKs or Modifications.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SENCHA SDKS FOR AN APPLICATION THAT IS INTENDED FOR SOFTWARE OR APPLICATION DEVELOPMENT PURPOSES.
You are required to ensure that the Sencha SDKs is not reused by or with any applications other than those with which You distribute it as permitted herein. For example, if You install the Sencha SDKs on a customer’s server, that customer is not permitted to use the Sencha SDKs independently of Your Application, and must be informed as such.
Alternate versions of the Sencha SDKs ("GPL Version") may be licensed under the terms of the GNU General Public License versions 3.0 ("GPL"). If You, or another third party, has, at any time, developed all or any portion of the Application(s) using a GPL Version, You may not combine such work with the Sencha SDKs licensed hereunder, and You must license such application(s) under the terms of the GNU General Public License version 3.
5. PROHIBITED USES (SENCHA TOOLS)
You agree not to sublicense, assign or transfer the Sencha Tools or Your rights in the Sencha Tools, or authorize any portion of the Sencha Tools to be copied onto or accessed from another individual’s or entity’s computer except as may be explicitly provided in this Agreement. Notwithstanding anything to the contrary in this section, You may transfer copies of the Sencha Tools installed on one of Your computers to another one of Your computers provided that the resulting installation and use of the Sencha Tools is in accordance with the terms of this Agreement and does not cause You to exceed Your right to use the Sencha Tools under this Agreement. Except as expressly authorized under this Agreement, You are prohibited from: (a) renting, leasing, lending or granting other rights in the Sencha Tools including rights on a membership or subscription basis; and (b) providing use of the Sencha Tools in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis.
You agree not to modify, port, adapt or translate the Sencha Tools. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Sencha Tools. You agree not to use any part of the Sencha Tools or Your knowledge of the Sencha Tools (or any information that You learn as a result of Your use of the Sencha Tools) to create a product with the same or substantially the same functionality as the Sencha Tools. The Sencha Tools may include various applications, utilities and components, may support multiple platforms and languages or may be provided to You on multiple media or in multiple copies. Nonetheless, the Sencha Tools is designed and provided to You as a single product to be used as a single product on computers and platforms as permitted herein. You are not required to use all component parts of the Sencha Tools, but You shall not unbundle any component parts of the Sencha Tools for use on different computers. You shall not unbundle or repackage the Sencha Tools for distribution, transfer or resale.
You agree to use the Software pursuant to the terms and conditions of this Agreement, and not any other terms or conditions unless provided in writing signed by the parties hereto.
6. TERMINATION
This Agreement and Your right to use the Software and Modifications will terminate immediately if You fail to comply with any of the terms and conditions of this Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents. The provisions of sections 3, 4, 5, 6, 7, 8, 10, and 11 will survive any termination of this Agreement.
A license to Sencha Test or Sencha ExtReact under Section 2 of this Agreement (a "Term License") commences on the date of purchase and continues for an initial term of one (1) year or more, depending on the fee paid (the "Initial Term"). A Term License will automatically terminate at the end of the Initial Term, unless You choose to extend the Term License, subject to Our agreement based on payment of the applicable fees (each such extension is referred to as an "Extension"). The "Term" shall mean the Initial Term as extended by each Extension. Upon the expiration of the Term, the applicable Term Licenses shall terminate automatically, and You shall immediately cease use of Sencha Test and/or development with Sencha ExtReact (as applicable); provided, however, that (i) any license for Your distribution and for End User use of Sencha ExtReact granted in accordance with the terms and conditions hereof shall survive such termination; and (ii) any licenses for use of Sencha Test scripts granted to You in accordance with the terms and conditions hereof shall survive such termination.
A license to Sencha Ext JS when purchased under the Single Developer Subscription License program (a "Subscription License") commences on the Effective Date and will continue for an initial term of one (1) year (the "Initial Subscription Term"). If You elected a subscription plan with auto-renewals, the Subscription License will automatically renew for successive one (1) year terms (each a "Subscription Renewal") at the then current fee unless either party gives written notice of its intent not to renew at least thirty (30) days prior to the end of the current Subscription Term (as hereinafter defined). If You elected a subscription plan without auto-renewals, the Subscription License will automatically terminate at the end of the Initial Subscription Term, unless You choose to renew the Subscription License, subject to Our written agreement and based on payment of the applicable fees (each such renewal also referred to as a "Subscription Renewal"). "Subscription Term" shall mean the Initial Subscription Term as extended by each Subscription Renewal. Upon the expiration of the Subscription Term, the applicable Subscription Licenses shall terminate automatically, and You shall immediately cease use of Sencha Ext JS under the applicable Subscription License.
7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR THE CODE IT PRODUCES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
8. LIMITATION OF LIABILITIES
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE TO YOU, WHETHER IN CONTRACT, BY REASON OF NEGLIGENCE OR OTHERWISE, FOR PUNITIVE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFIT IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF OR INABILITY TO USE THE SOFTWARE, OR NON-PERFORMANCE OF ANY OBLIGATIONS PROVIDED HEREUNDER, OR IN CONNECTION WITH ANY CLAIM ARISING FROM THIS AGREEMENT, EVEN IF WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS YOU AGREE THAT OUR ENTIRE LIABILITY HEREUNDER FOR DAMAGES SHALL NOT EXCEED THE LESSER OF (I) THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU WITHIN THE SIX MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE THE LIABILITY THAT GAVE RISE TO DAMAGES WAS INCURRED; AND TO(II) FIVE HUNDRED DOLLARS ($500).
9. VERIFICATION
We or a certified auditor acting on Our behalf, may, upon Our reasonable request and at Our expense, audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to Your place of business. Any such in-person audit shall be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that You are using the Software in a way that is in material violation of the terms of this Agreement, then You shall pay Our reasonable costs of conducting the audit. In the case of a material violation, You agree to pay Us any amounts owing that are attributable to the unauthorized use. In the alternative, We reserve the right, at Our discretion, to terminate the licenses for the Software, in addition to any other remedies available under law. This Section shall survive expiration or termination of this Agreement for a period of two (2) years.
10. PAYMENT AND TAXES
If credit has been extended to You by Us, all payments under this Agreement are due within thirty (30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall be required to make payment concurrent with the delivery of the Software by Us. Any value added tax, use tax, sales tax or similar tax ("Transaction Taxes") shall be Your sole responsibility. Each party shall pay all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld or deducted from payments); provided that You shall be responsible for all Transactions Taxes and shall pay or reimburse Us for the same upon invoice. Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original withholding tax certificates. Notwithstanding the foregoing, Software ordered through Our resellers is subject to the fees and payment terms set forth on the applicable reseller invoice.
11. MISCELLANEOUS
The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement, and to any updates and/or upgrades to which You may be entitled. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase or download of that version of the Software. Support and maintenance, including rights to updates and upgrades, are provided pursuant to the terms of the Sencha Support and Maintenance Agreement. You agree that You will comply with all applicable laws and regulations with respect to the Software, including without limitation all export and re-export control laws and regulations.
While redistributing the Sencha SDKs or Modifications thereof as part of Your Application, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on our behalf. You shall indemnify Us and our resellers, or at Our option, defend Us and our resellers against any claim, suit or proceeding brought against Us or our resellers (i) arising by reason of Your accepting any such support, warranty, indemnity or additional liability; or (ii) arising out of the use, reproduction or distribution of Your Application, except to the extent such claim is solely based on the inclusion of the Sencha SDKs therein. Further, You agree only to distribute the Sencha SDKs pursuant to an enforceable written agreement for Our benefit that includes all the limitations and restrictions of this Agreement and is as protective of Us and Sencha SDKs as is this Agreement. For clarity, for Sencha SDKs for which You have paid a fee, You must purchase Designated User licenses for each contractor or consultant who uses the Sencha SDKs to create an Application on Your behalf (including system integrators), whether or not such contractor or consultant has its own license to the Sencha SDKs.
You agree to be identified as a customer of Ours and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.
You may not assign or transfer this Agreement without Our prior written consent. Any attempted assignment or delegation in violation of this Section shall be null and void. This Agreement may be assigned by Us in whole or part and will inure to the benefit of Our successors and assigns. Notwithstanding the foregoing, in any instance in which You transfer ownership of an Application on a work for hire basis, You may assign licenses for the total Designated Users that have used the Software to develop said Application under this Agreement to another party (Assignee) provided (i) You provide written notice to Us prior to the effective date of such assignment; and (ii) the transfer is in quantities We generally make available to Our customers (minimum 5 Designated Users); and (iii) there is a written agreement, wherein the assignee accepts the terms of this Agreement. Upon any such transfer, the assignee may appoint new Designated Users. For license(s) purchased under our Independent Consultant Program: (i) you represent and warrant that the information you provided to us is true and correct in all material regards, and (ii) notwithstanding any provision herein to the contrary, you may assign any such license(s) to the entity you designated to us as the Client, provided that assignee accepts the terms of this Agreement in connection with the Assignment. On any such assignment, the assignee may change the Designated User.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No oral or written information given by Us, Our resellers, or otherwise on Our behalf shall create a warranty or collateral contract, or in any way increase the scope of this Agreement in any way, and You may not rely on any such oral or written information. Any waivers or amendments shall be effective only if made in writing. Further, any different or additional terms of any related purchase order, confirmation, or similar form shall have no force or effect. The license granted herein is conditioned upon the acceptance of the terms and conditions hereof to the exclusion of all other terms, and no other or additional terms shall apply, unless so provided in writing signed by the parties hereto. You expressly agree by Your use of the Software that no such other, different or additional terms or conditions shall apply, notwithstanding any statements to the contrary included in any purchase order, confirmation, or similar form, and regardless of whether we accept payments referenced therein which shall not constitute acceptance of additional terms and conditions.
There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no licenses or immunities are granted to the combination of the Software and/or Modifications, as applicable, with any other software or hardware not delivered by Us or Our resellers to You under this Agreement. Your rights under this Agreement apply only to Software, Modifications, and/or Applications for which all Designated Users are duly licensed hereunder.
If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall continue in full force and effect. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Agreement shall remain in effect. The failure of either party to enforce any provision of this Agreement may not be deemed a waiver of that or any other provision of this Agreement.
This Agreement, and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement and/or the Software shall be governed by the law of the State of Texas, United States (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the state or federal courts of the State of Texas and further agree to commence any litigation which may arise hereunder or related hereto and/or to the Software in the state or federal courts located in the judicial district of Travis County, Texas, US.
If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be "commercial computer software" or "commercial computer software documentation," as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.
Sencha Ext JS Bundles: Sencha Ext JS Standard includes Sencha Ext JS (which includes Sencha Tree Grid and Sencha Charts), Sencha Stencils, Sencha Visual Studio Code Plugin, and Sencha Cmd. Sencha Ext JS Pro includes all the Sencha Ext JS Standard Software and Sencha Architect, Sencha JetBrains Plugin, Sencha Eclipse Plugin, Sencha Visual Studio Plugin, and Sencha Themer. Sencha Ext JS Premium includes all the Sencha Ext JS Pro Software and Sencha Pivot Grid, Sencha Inspector, Sencha Calendar Component, Sencha Exporter, and Sencha D3 Adapter.
Sencha ExtReact Bundles: Sencha ExtReact Standard includes Sencha ExtReact and Sencha Cmd. Sencha ExtReact Premium includes all the Sencha ExtReact Standard Software and Sencha Themer, Sencha Tree Grid, Sencha Pivot Grid, Sencha Calendar Component, Sencha Exporter, and Sencha D3 Adapter.
Sencha Commercial License
Sencha Commercial Software License Agreement: Ext JS, Sencha GXT, and/or Sencha Touch Charts
Version 1.11
THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN SENCHA INC. ("We," "Us") AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You") IN RELATION TO SENCHA EXT JS AND/OR SENCHA GXT (THE "Software"). BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
1. OWNERSHIP, LICENSE GRANT
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this License Agreement.
Subject to the payment of the fee required and subject to the terms and conditions of this License Agreement, We grant to You a revocable, non- transferable and non-exclusive license (i) for Designated User(s) (as defined below) within Your organization to install and use the Software on any workstations used exclusively by such Designated User(s) and (ii) for You to install and use the Software in connection with unlimited domains and sub-domains on unlimited servers, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sublicensable except as explicitly set forth herein. "Designated User" shall mean a single distinct employee acting within the scope of their employment with You or Your consultant or contractor acting within the scope of the services they provide for You or on Your behalf for whom You have purchased a license to use the Software.
In addition to the other terms contained herein, We grant to You a revocable, non- transferable and non-exclusive license to install and use the Software on a single computer (the "Trial License") strictly for Your internal evaluation and review purposes and not for production purposes. This Trial License applies only if You have registered with Us for a Trial License of the Software and shall be effective for forty-five (45) consecutive days following the date of registration ("the Trial Period"). You may only register for a Trial License once in any eighteen month period. You agree not to use a Trial License for any purpose other than determining whether to purchase a license to the Software. You are explicitly not permitted to distribute the Software to any user outside the Organization on whose behalf you have undertaken this license. Your rights to use the Trial License will immediately terminate upon the earlier of (i) the expiration of the Trial Period, or (ii) such time that You purchase a license to the Software. We reserve the right to terminate Your Trial License at any time in Our absolute and sole discretion.
2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
We provide You with source code so that You can create Modifications of the original Software, where Modification means: a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or b) any new file that contains any part of the original Software or previous Modifications. While You retain all rights to any original work authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Software.
3. DISTRIBUTION
You may distribute the Software in any applications, frameworks, or elements (collectively referred to as an "Application" or "Applications") that you develop using the Software in accordance with this License Agreement, provided that such distribution does not violate the restrictions set forth in Section 4 of this License Agreement. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.
You are required to ensure that the Software is not reused by or with any applications other than those with which You distribute it as permitted herein. For example, if You install the Software on a customer’s server, that customer is not permitted to use the Software independently of Your application, and must be informed as such.
You will not owe Us any royalties for Your distribution of the Software in accordance with this License Agreement.
4. PROHIBITED USES
You may not, without Our prior written consent, redistribute the Software or Modifications other than by including the Software or a portion thereof within Your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes. You are explicitly not allowed to redistribute the Software or Modifications as part of any product that can be described as a development toolkit or library, an application builder, a website builder or any product that is intended for use by software, application, or website developers or designers. You are not allowed to redistribute any part of the Software documentation. You may not change or remove the copyright notice from any of the files included in the Software or Modifications.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE FOR A PRODUCT THAT IS INTENDED FOR SOFTWARE OR APPLICATION DEVELOPMENT PURPOSES.
The Open Source version of the Software ("GPL Version") is licensed under the terms of the GNU General Public License versions 3.0 ("GPL") and not under this License Agreement. If You, or another third party, has, at any time, developed all (or any portions of) the Application(s) using the GPL Version, You may not combine such development work with the Software and must license such Application(s) (or any portions derived there from) under the terms of the GNU General Public License version 3, a copy of which is located at http://www.gnu.org/copyleft/gpl.html.
5. TERMINATION
This License Agreement and Your right to use the Software and Modifications will terminate immediately without notice if You fail to comply with the terms and conditions of this License Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, and 11 will survive any termination of this License Agreement.
6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
7. LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
8. VERIFICATION
We or a certified auditor acting on Our behalf, may, upon its reasonable request and at its expense, audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to Your place of business. Any such in-person audit shall be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that You are using the Software in a way that is in material violation of the terms of the License Agreement, then You shall pay Our reasonable costs of conducting the audit. In the case of a material violation, You agree to pay Us any amounts owing that are attributable to the unauthorized use. In the alternative, We reserve the right, at Our sole option, to terminate the licenses for the Software.
9. PAYMENT AND TAXES
If credit has been extended to You by Us, all payments under this License Agreement are due within thirty (30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall be required to make payment concurrent with the delivery of the Software by Us. All amounts payable are gross amounts but exclusive of any value added tax, use tax, sales tax or similar tax. You shall be entitled to withhold from payments any applicable withholding taxes and comply with all applicable tax and employment legislation. Each party shall pay all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this License Agreement and any payments made hereunder (including those required to be withheld or deducted from payments). Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original withholding tax certificates.
10. SUPPORT AND UPDATES
You are not entitled to any support for the Software under this License Agreement. All support must be purchased separately and will be subject to the terms and conditions contained in the Sencha support agreement. You are entitled to receive minor version updates to the Software (i.e. versions identified as follows (X.Y, X.Y+1). You are not entitled to receive major version updates (i.e. X.Y, X+1.Y) or bug fix updates to the Software (X.Y.Z, X.Y.Z+1), unless purchased independently of this license.
11 MISCELLANEOUS
The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this License Agreement. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase of that version of the Software. You agree that you will comply with all applicable laws and regulations with respect to the Software, including without limitation all export and re-export control laws and regulations.
While redistributing the Software or Modifications thereof, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on our behalf. You agree to indemnify, defend, and hold Us harmless from and against any liability incurred by, or claims asserted against, Us (i) by reason of Your accepting any such support, warranty, indemnity or additional liability; or (ii) arising out of the use, reproduction or distribution of Your Application, except to the extent such claim is solely based on the inclusion of the Software therein.
You agree to be identified as a customer of ours and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.
You may not assign or transfer this License Agreement without Our prior written consent, which will not be unreasonably withheld. This License Agreement will inure to the benefit of Our successors and assigns.
You acknowledge that this License Agreement is complete and is the exclusive representation of our agreement. No oral or written information given by Us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this License Agreement in any way, and You may not rely on any such oral or written information. No term or condition contained in any purchase order shall apply unless expressly such term or condition is accepted by Us in writing,
There are no implied licenses or other implied rights granted under this License Agreement, and all rights, save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no licenses or immunities are granted to the combination of the Software and/or Modifications, as applicable, with any other software or hardware not delivered by Us to You under this License Agreement.
If any provision in this License Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this License Agreement shall continue in full force and effect. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect.
This License Agreement may be modified only by a written instrument signed by an authorized representative of each party.
This License Agreement is governed by the law of the State of California, United States (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the courts of the State of California and further agree to commence any litigation which may arise hereunder in the state or federal courts located in the judicial district of Santa Clara County, California, US.
If the Software or any related documentation is licensed to the U.S. government or any agency thereof, it will be deemed to be "commercial computer software" or "commercial computer software documentation," pursuant to DFAR Section 227.7202 and FAR Section 12.212. Any use of the Software or related documentation by the U.S. government will be governed solely by the terms of this License Agreement.
Exception for Development Version 1.04, January 18, 2013
Exception Intent
We want people who build extensions, developer toolkits and frameworks, language packs and themes for Sencha frameworks and libraries to be able to publicly distribute them under less restrictive license terms, even though version 3 of the GNU General Public License (the "GPL") may require them to be licensed under the GPL.
This Exception does not grant usage or distribution of any Sencha development library under a license other than the GPL and cannot be applied to end-user applications. For applications, please refer to the Open Source License Exception for Applications.
Terms and Conditions
Definitions
Terms used, but not defined, herein shall have the meaning provided in the GPL.
"Library" means Ext JS, Sencha Touch or Sencha GXT, for which this exception is applicable.
"Code" means source code for the Library or Extension.
"Images" means images distributed with Code.
"Modification" means a visual change or enhancement made to a Library Component ("Component") by means of modifying the standard functionality or visual appearance of the Component.
*"Extension" means the combination of Code and Images to form a Modification or a completely new and original Component.
Additional Grants
As a special exception to the terms and conditions of version 3.0 of the GPL:
You are free to distribute an Extension licensed under one or more of the licenses listed below in section 5, as long as:
Your Extension does not contain any Code or modified Code from the Library.
You do not distribute the Library, as a whole or in part, with your Extension. Optionally, you should include instructions for developers using your Extension explaining how to obtain the Library.
You include PROMINENT notice in EVERY location you display the license information for your Extension that it uses the Library, that the Library is distributed under the terms of the GPL v3 and you must include a link to http://www.sencha.com/license.
Your Extension is distributed subject to one of the FLOSS licenses listed below, and is accompanied by the complete corresponding machine-readable source code on the same medium and under the same FLOSS license as the Extension
Your Extension can reasonably be considered to be adding to or modifying standard functionality of the Library for software development purposes and does not constitute an independent and separate application in itself.
Applicability
This exception applies to Ext JS version 2.2 or later, Sencha Touch 1.0 or later and Sencha GXT version 1.0 or later released under the GPL that contain a conspicuous notice with the Derivative Work and conspicuously posted online near any download location, saying that Derivative Works built using the Library may be distributed under the terms of this Exception and that the included Library is subject to the terms of the GPL v3.
This Exception can in no way be considered to grant rights to use or distribute the Library under any license other than the GPL v3.
Termination
If you fail to comply with any of the terms in this Exception then all rights granted to you herein are void and your rights immediately revert back to those granted in the GPL v3.
Open Source License List
License name Version(s)/Copyright Date
Academic Free License 2.0
Apache Software License 2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Development and Distribution License (CDDL) 1.0
Common Public License 1.0
Eclipse Public License 1.0
Educational Community License 2.0
European Union Public License (EUPL) 1.1
GNU General Public License (GPL) 2.0
GNU Library or "Lesser" General Public License (LGPL) 3.0
Jabber Open Source License 1.0
MIT License (As listed in file MIT-License.txt) -
Mozilla Public License (MPL) 1.0/1.1/2.0
Open Software License 2.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) -
Python Software Foundation License 2.1.1
Sleepycat License "1999"
University of Illinois/NCSA Open Source License -
W3C License "2001"
X11 License "2001"
Zimbra Public License 1.3
Zlib/libpng License -
Zope Public License 2.0
SENDMAIL LICENSE
The following license terms and conditions apply, unless a redistribution agreement or other license is obtained from Proofpoint, Inc., 892 Ross Street, Sunnyvale, CA, 94089, USA, or by electronic mail at sendmail-license@proofpoint.com.
License Terms:
Use, Modification and Redistribution (including distribution of any modified or derived work) in source and binary forms is permitted only if each of the following conditions is met:
1. Redistributions qualify as "freeware" or "Open Source Software" under one of the following terms:
Redistributions are made at no charge beyond the reasonable cost ofmaterials and delivery.
Redistributions are accompanied by a copy of the Source Code or by an irrevocable offer to provide a copy of the Source Code for up to three years at the cost of materials and delivery. Such redistributions must allow further use, modification, and redistribution of the Source Code under substantially the same terms as this license. For the purposes of redistribution "Source Code" means the complete compilable and linkable source code of sendmail and associated libraries and utilities in the sendmail distribution including all modifications.
2. Redistributions of Source Code must retain the copyright notices as they appear in each Source Code file, these license terms, and the disclaimer/limitation of liability set forth as paragraph 6 below.
3. Redistributions in binary form must reproduce the Copyright Notice, these license terms, and the disclaimer/limitation of liability set forth as paragraph 6 below, in the documentation and/or other materials provided with the distribution. For the purposes of binary distribution the "Copyright Notice" refers to the following language: "Copyright (c) 1998-2014 Proofpoint, Inc. All rights reserved."
4. Neither the name of Proofpoint, Inc. nor the University of California nor names of their contributors may be used to endorse or promote products derived from this software without specific prior written permission. The name "sendmail" is a trademark of Proofpoint, Inc.
5. All redistributions must comply with the conditions imposed by theUniversity of California on certain embedded code, which copyrightNotice and conditions for redistribution are as follows:
(a) Copyright (c) 1988, 1993 The Regents of the University ofCalifornia. All rights reserved.
(b) Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the abovec opyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the distribution.
(c) Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
6. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY SENDMAIL, INC. AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SENDMAIL, INC., THE REGENTS OF THE UNIVERSITY OF CALIFORNIA OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUTNOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ONANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OFTHIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
$Revision: 8.23 $, Last updated $Date: 2014-01-26 20:10:01 $, Document139848.1
SENDMAIL OPEN SOURCE LICENSE
The following license terms and conditions apply to this open source
software ("Software"), unless a different license is obtained directly
from Sendmail, Inc. ("Sendmail") located at 6475 Christie Ave, Suite 350,
Emeryville, CA 94608, USA.
Use, modification and redistribution (including distribution of any
modified or derived work) of the Software in source and binary forms is
permitted only if each of the following conditions of 1-6 are met:
1. Redistributions of the Software qualify as "freeware" or "open
source software" under one of the following terms:
(a) Redistributions are made at no charge beyond the reasonable
cost of materials and delivery; or
(b) Redistributions are accompanied by a copy of the modified
Source Code (on an acceptable machine-readable medium) or by an
irrevocable offer to provide a copy of the modified Source Code
(on an acceptable machine-readable medium) for up to three years
at the cost of materials and delivery. Such redistributions must
allow further use, modification, and redistribution of the Source
Code under substantially the same terms as this license. For
the purposes of redistribution "Source Code" means the complete
human-readable, compilable, linkable, and operational source
code of the redistributed module(s) including all modifications.
2. Redistributions of the Software Source Code must retain the
copyright notices as they appear in each Source Code file, these
license terms and conditions, and the disclaimer/limitation of
liability set forth in paragraph 6 below. Redistributions of the
Software Source Code must also comply with the copyright notices
and/or license terms and conditions imposed by contributors on
embedded code. The contributors' license terms and conditions
and/or copyright notices are contained in the Source Code
distribution.
3. Redistributions of the Software in binary form must reproduce the
Copyright Notice described below, these license terms and conditions,
and the disclaimer/limitation of liability set forth in paragraph
6 below, in the documentation and/or other materials provided with
the binary distribution. For the purposes of binary distribution,
"Copyright Notice" refers to the following language: "Copyright (c)
1998-2009 Sendmail, Inc. All rights reserved."
4. Neither the name, trademark or logo of Sendmail, Inc. (including
without limitation its subsidiaries or affiliates) or its contributors
may be used to endorse or promote products, or software or services
derived from this Software without specific prior written permission.
The name "sendmail" is a registered trademark and service mark of
Sendmail, Inc.
5. We reserve the right to cancel this license if you do not comply with
the terms. This license is governed by California law and both of us
agree that for any dispute arising out of or relating to this Software,
that jurisdiction and venue is proper in San Francisco or Alameda
counties. These license terms and conditions reflect the complete
agreement for the license of the Software (which means this supercedes
prior or contemporaneous agreements or representations). If any term
or condition under this license is found to be invalid, the remaining
terms and conditions still apply.
6. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY
SENDMAIL AND ITS CONTRIBUTORS "AS IS" WITHOUT WARRANTY OF ANY KIND
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL SENDMAIL
OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SENDMAIL LICENSE
The following license terms and conditions apply, unless a different
license is obtained from Sendmail, Inc., 6425 Christie Ave, Fourth Floor,
Emeryville, CA 94608, USA, or by electronic mail at license@sendmail.com.
License Terms:
Use, Modification and Redistribution (including distribution of any
modified or derived work) in source and binary forms is permitted only if
each of the following conditions is met:
1. Redistributions qualify as "freeware" or "Open Source Software" under
one of the following terms:
(a) Redistributions are made at no charge beyond the reasonable cost of
materials and delivery.
(b) Redistributions are accompanied by a copy of the Source Code or by an
irrevocable offer to provide a copy of the Source Code for up to three
years at the cost of materials and delivery. Such redistributions
must allow further use, modification, and redistribution of the Source
Code under substantially the same terms as this license. For the
purposes of redistribution "Source Code" means the complete compilable
and linkable source code of sendmail including all modifications.
2. Redistributions of source code must retain the copyright notices as they
appear in each source code file, these license terms, and the
disclaimer/limitation of liability set forth as paragraph 6 below.
3. Redistributions in binary form must reproduce the Copyright Notice,
these license terms, and the disclaimer/limitation of liability set
forth as paragraph 6 below, in the documentation and/or other materials
provided with the distribution. For the purposes of binary distribution
the "Copyright Notice" refers to the following language:
"Copyright (c) 1998-2004 Sendmail, Inc. All rights reserved."
4. Neither the name of Sendmail, Inc. nor the University of California nor
the names of their contributors may be used to endorse or promote
products derived from this software without specific prior written
permission. The name "sendmail" is a trademark of Sendmail, Inc.
5. All redistributions must comply with the conditions imposed by the
University of California on certain embedded code, whose copyright
notice and conditions for redistribution are as follows:
(a) Copyright (c) 1988, 1993 The Regents of the University of
California. All rights reserved.
(b) Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
(i) Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
(ii) Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
(iii) Neither the name of the University nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
6. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY
SENDMAIL, INC. AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL SENDMAIL, INC., THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
$Revision: 8.13 $, Last updated $Date: 2004/05/11 23:57:57 $
The Service Component Architecture JavaDoc, Interface Definition files,
and XSD files are being provided by the copyright holders under the
following license. By using and/or copying this work, you agree that
you have read, understood and will comply with the following terms and
conditions:
Permission to copy, display, make derivative works of, and distribute
the Service Component Architecture JavaDoc, Interface Definition Files
and XSD files (the "Artifacts") in any medium without fee or royalty is
hereby granted, provided that you include the following on ALL copies
of the Artifacts, or portions thereof, that you make:
1. A link or URL to the Artifacts at this location:
http://www.osoa.org/display/Main/Service+Component+Architecture+Specifications
2. The full text of this copyright notice as shown in the Artifacts.
THE ARTIFACTS ARE PROVIDED "AS IS," AND THE AUTHORS MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
ARTIFACTS AND THE IMPLEMENTATION OF THEIR CONTENTS, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR TITLE.
THE AUTHORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY
USE OR DISTRIBUTION OF THE ARTIFACTS.
The name and trademarks of the Authors may NOT be used in any manner,
including advertising or publicity pertaining to the Service Component
Architecture Specification or its contents without specific, written
prior permission. Title to copyright in the Service Component
Architecture Specification and the JavaDoc, Interface Definition Files
and XSD Files will at all times remain with the Authors.
No other rights are granted by implication, estoppel or otherwise.
The SFL License Agreement
This license agreement covers your use of the iMatix STANDARD FUNCTION LIBRARY (SFL), its source code, documentation, and executable files, hereinafter referred to as "the Product".
The Product is Copyright © 1991-2000 iMatix Corporation. You may use it and distribute it according to this following License Agreement. If you do not agree with these terms, please remove the Product from your system. By incorporating the Product in your work or distributing the Product to others you implicitly agree to these license terms.
Statement Of Copyright
The Product is, and remains, Copyright © 1991-2000 iMatix Corporation, with exception of specific copyrights as noted in the individual source files.
Conditions Of Use
You do not need to provide the source code for the Product as part of your product. However, you must do one of these things to comply with the Product License Agreement:
1. Provide the source code for Product modules that you use, or
2. Make your product freely available according to a license similar to the GNU General Public License, or the Perl Artistic License, or
3. Add this phrase to the documentation for your product: "This product uses parts of the iMatix SFL, Copyright © 1991-2000 iMatix Corporation <http://www.imatix.com>".
Rights Of Usage
You may freely and at no cost use the Product in any project, commercial, academic, military, or private, so long as you respect the License Agreement. The License Agreement does not affect any software except the Product. In particular, any application that uses the Product does not itself fall under the License Agreement.
You may modify any part of the Product, including sources and documentation, except this License Agreement, which you may not modify.
You must clearly indicate any modifications at the start of each source file. The user of any modified Product code must know that the source file is not original.
At your discretion, you may rewrite or reuse any part of the Product so that your derived code is not obviously part of the Product. This derived code does not fall under the Product License Agreement directly, but you must include a credit at the start of each source file indicating the original authorship and source of the code, and a statement of copyright as follows:
"Parts copyright (c) 1991-2000 iMatix Corporation."
Rights Of Distribution
You may freely distribute the Product, or any subset of the Product, by any means. The License, in the form of the file called "LICENSE.TXT" must accompany any such distribution.
You may charge a fee for distributing the Product, for providing a warranty on the Product, for making modifications to the Product, or for any other service provided in relation to the Product. You are not required to ask our permission for any of these activities.
At no time will iMatix associate itself with any distribution of the Product except that supplied from the Internet site http://www.imatix.com.
Disclaimer Of Warranty
The Product is provided as free software, in the hope that it will be useful. It is provided "as-is", without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Product is with you. Should the Product prove defective, the full cost of repair, servicing, or correction lies with you.
CID FONT CODE PUBLIC LICENSE Version 1.0 3/31/99
Subject to any applicable third party claims, Silicon Graphics, Inc. ("SGI")
hereby grants permission to Recipient (defined below), under SGI's copyrights
in the Original Software (defined below), to use, copy, modify, merge, pub-
lish, distribute, sublicense and/or sell copies of Subject Software (defined
below) in both source code and executable form, and to permit persons to whom
the Subject Software is furnished in accordance with this License to do the
same, subject to all of the following terms and conditions, which Recipient
accepts by engaging in any such use, copying, modifying, merging, publica-
tion, distributing, sublicensing or selling:
1. Definitions.
a. "Original Software" means source code of computer software code
that is described in Exhibit A as Original Software.
b. "Modifications" means any addition to or deletion from the sub-
stance or structure of either the Original Software or any previous
Modifications. When Subject Software is released as a series of
files, a Modification means (i) any addition to or deletion from
the contents of a file containing Original Software or previous
Modifications and (ii) any new file that contains any part of the
Original Code or previous Modifications.
c. "Subject Software" means the Original Software or Modifications
or the combination of the Original Software and Modifications, or
portions of any of the foregoing.
d. "Recipient" means an individual or a legal entity exercising
rights under the terms of this License. For legal entities, "Recip-
ient" includes any entity that controls, is controlled by, or is
under common control with Recipient. For purposes of this defini-
tion, "control" of an entity means (i) the power, direct or indi-
rect, to direct or manage such entity, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial own-
ership of such entity.
e. "Required Notice" means the notice set forth in Exhibit A to
this License.
f. "Accompanying Technology" means any software or other technology
that is not a Modification and that is distributed or made publicly
available by Recipient with the Subject Software. Separate soft-
ware files that do not contain any Original Software or any previ-
ous Modification shall not be deemed a Modification, even if such
software files are aggregated as part of a product, or in any
medium of storage, with any file that does contain Original Soft-
ware or any previous Modification.
2. License Terms. All distribution of the Subject Software must be made sub-
ject to the terms of this License. A copy of this License and the Required
Notice must be included in any documentation for Subject Software where
Recipient's rights relating to Subject Software and/or any Accompanying Tech-
nology are described. Distributions of Subject Software in source code form
must also include the Required Notice in every file distributed. In addition,
a ReadMe file entitled "Important Legal Notice" must be distributed with each
distribution of one or more files that incorporate Subject Software. That
file must be included with distributions made in both source code and exe-
cutable form. A copy of the License and the Required Notice must be included
in that file. Recipient may distribute Accompanying Technology under a
license of Recipient's choice, which may contain terms different from this
License, provided that (i) Recipient is in compliance with the terms of this
License, (ii) such other license terms do not modify or supersede the terms
of this License as applicable to the Subject Software, (iii) Recipient hereby
indemnifies SGI for any liability incurred by SGI as a result of the distri-
bution of Accompanying Technology or the use of other license terms.
3. Termination. This License and the rights granted hereunder will terminate
automatically if Recipient fails to comply with terms herein and fails to
cure such breach within 30 days of the breach. Any sublicense to the Subject
Software that is properly granted shall survive any termination of this
License absent termination by the terms of such sublicense. Provisions which,
by their nature, must remain in effect beyond the termination of this License
shall survive.
4. Trademark Rights. This License does not grant any rights to use any trade
name, trademark or service mark whatsoever. No trade name, trademark or ser-
vice mark of SGI may be used to endorse or promote products derived from or
incorporating any Subject Software without prior written permission of SGI.
5. No Other Rights. No rights or licenses not expressly granted hereunder
shall arise by implication, estoppel or otherwise. Title to and ownership of
the Original Software at all times remains with SGI. All rights in the Origi-
nal Software not expressly granted under this License are reserved.
6. Compliance with Laws; Non-Infringement. Recipient shall comply with all
applicable laws and regulations in connection with use and distribution of
the Subject Software, including but not limited to, all export and import
control laws and regulations of the U.S. government and other countries.
Recipient may not distribute Subject Software that (i) in any way infringes
(directly or contributorily) the rights (including patent, copyright, trade
secret, trademark or other intellectual property rights of any kind) of any
other person or entity, or (ii) breaches any representation or warranty,
express, implied or statutory, which under any applicable law it might be
deemed to have been distributed.
7. Claims of Infringement. If Recipient at any time has knowledge of any one
or more third party claims that reproduction, modification, use, distribu-
tion, import or sale of Subject Software (including particular functionality
or code incorporated in Subject Software) infringes the third party's intel-
lectual property rights, Recipient must place in a well-identified web page
bearing the title "LEGAL" a description of each such claim and a description
of the party making each such claim in sufficient detail that a user of the
Subject Software will know whom to contact regarding the claim. Also, upon
gaining such knowledge of any such claim, Recipient must conspicuously
include the URL for such web page in the Required Notice, and in the text of
any related documentation, license agreement or collateral in which Recipient
describes end user's rights relating to the Subject Software. If Recipient
obtains such knowledge after it makes Subject Software available to any other
person or entity, Recipient shall take other steps (such as notifying appro-
priate mailing lists or newsgroups) reasonably calculated to provide such
knowledge to those who received the Subject Software.
8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-
CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SGI ASSUMES NO
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-
VICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY),
CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SUBJECT SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.
10. Indemnity. Recipient shall be solely responsible for damages arising,
directly or indirectly, out of its utilization of rights under this License.
Recipient will defend, indemnify and hold SGI and its successors and assigns
harmless from and against any loss, liability, damages, costs or expenses
(including the payment of reasonable attorneys fees) arising out of (Recipi-
ent's use, modification, reproduction and distribution of the Subject Soft-
ware or out of any representation or warranty made by Recipient.
11. U.S. Government End Users. The Subject Software is a "commercial item"
consisting of "commercial computer software" as such terms are defined in
title 48 of the Code of Federal Regulations and all U.S. Government End Users
acquire only the rights set forth in this License and are subject to the
terms of this License.
12. Miscellaneous. This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is held to be unen-
forceable by any judicial or administrative authority having proper jurisdic-
tion with respect thereto, such provision shall be reformed so as to achieve
as nearly as possible the same economic effect as the original provision and
the remainder of this License will remain in effect. This License shall be
governed by and construed in accordance with the laws of the United States
and the State of California as applied to agreements entered into and to be
performed entirely within California between California residents. Any liti-
gation relating to this License shall be subject to the exclusive jurisdic-
tion of the Federal Courts of the Northern District of California (or, absent
subject matter jurisdiction in such courts, the courts of the State of Cali-
fornia), with venue lying exclusively in Santa Clara County, California, with
the losing party responsible for costs, including without limitation, court
costs and reasonable attorneys fees and expenses. The application of the
United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation that provides that the language of
a contract shall be construed against the drafter shall not apply to this
License.
Exhibit A
Copyright (c) 1994-1999 Silicon Graphics, Inc.
The contents of this file are subject to the CID Font Code Public License
Version 1.0 (the "License"). You may not use this file except in compliance
with the License. You may obtain a copy of the License at Silicon Graphics,
Inc., attn: Legal Services, 2011 N. Shoreline Blvd., Mountain View, CA 94043
or at http://www.sgi.com/software/opensource/cid/license.html
Software distributed under the License is distributed on an "AS IS" basis.
ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-
INFRINGEMENT. See the License for the specific language governing rights and
limitations under the License.
The Original Software (as defined in the License) is CID font code that was
developed by Silicon Graphics, Inc. Those portions of the Subject Software
(as defined in the License) that were created by Silicon Graphics, Inc. are
Copyright (c) 1994-1999 Silicon Graphics, Inc. All Rights Reserved.
SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000])
2.License Grant and Restrictions.
2.1.SGI License Grant. Subject to the terms of this License and any third party intellectual property claims, for the duration of intellectual property protections inherent in the Original Code, SGI hereby grants Recipient a worldwide, royalty-free, non-exclusive license, to do the following: (i) under copyrights Licensable by SGI, to reproduce, distribute, create derivative works from, and, to the extent applicable, display and perform the Original Code and/or any Modifications provided by SGI alone and/or as part of a Larger Work; and (ii) under any Licensable Patents, to make, have made, use, sell, offer for sale, import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI. Recipient accepts the terms and conditions of this License by undertaking any of the aforementioned actions. The patent license shall apply to the Covered Code if, at the time any related Modification is added, such addition of the Modification causes such combination to be covered by the Licensed Patents. The patent license in Section 2.1(ii) shall not apply to any other combinations that include the Modification. No patent license is provided under SGI Patents for infringements of SGI Patents by Modifications not provided by SGI or combinations of Original Code and Modifications not provided by SGI.
2.2.Recipient License Grant. Subject to the terms of this License and any third party intellectual property claims, Recipient hereby grants SGI and any other Recipients a worldwide, royalty-free, non-exclusive license, under any Recipient Patents, to make, have made, use, sell, offer for sale, import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI.
2.3.No License For Hardware Implementations. The licenses granted in Section 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms embodied in the Original Code or any Modifications provided by SGI .
3.Redistributions.
3.1.Retention of Notice/Copy of License. The Notice set forth in Exhibit A, below, must be conspicuously retained or included in any and all redistributions of Covered Code. For distributions of the Covered Code in source code form, the Notice must appear in every file that can include a text comments field; in executable form, the Notice and a copy of this License must appear in related documentation or collateral where the Recipient.s rights relating to Covered Code are described. Any Additional Notice Provisions which actually appears in the Original Code must also be retained or included in any and all redistributions of Covered Code.
3.2.Alternative License. Provided that Recipient is in compliance with the terms of this License, Recipient may, so long as without derogation of any of SGI.s rights in and to the Original Code, distribute the source code and/or executable version(s) of Covered Code under (1) this License; (2) a license identical to this License but for only such changes as are necessary in order to clarify Recipient.s role as licensor of Modifications; and/or (3) a license of Recipient.s choosing, containing terms different from this License, provided that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified or superseded by any other terms of such license. If Recipient elects to use any license other than this License, Recipient must make it absolutely clear that any of its terms which differ from this License are offered by Recipient alone, and not by SGI. It is emphasized that this License is a limited license, and, regardless of the license form employed by Recipient in accordance with this Section 3.2, Recipient may relicense only such rights, in Original Code and Modifications by SGI, as it has actually been granted by SGI in this License.
3.3.Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result of any such alternative license terms Recipient offers.
4.Termination. This License and the rights granted hereunder will terminate automatically if Recipient breaches any term herein and fails to cure such breach within 30 days thereof. Any sublicense to the Covered Code that is properly granted shall survive any termination of this License, absent termination by the terms of such sublicense. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
5.No Trademark Or Other Rights. This License does not grant any rights to: (i) any software apart from the Covered Code, nor shall any other rights or licenses not expressly granted hereunder arise by implication, estoppel or otherwise with respect to the Covered Code; (ii) any trade name, trademark or service mark whatsoever, including without limitation any related right for purposes of endorsement or promotion of products derived from the Covered Code, without prior written permission of SGI; or (iii) any title to or ownership of the Original Code, which shall at all times remains with SGI. All rights in the Original Code not expressly granted under this License are reserved.
6.Compliance with Laws; Non-Infringement. There are various worldwide laws, regulations, and executive orders applicable to dispositions of Covered Code, including without limitation export, re-export, and import control laws, regulations, and executive orders, of the U.S. government and other countries, and Recipient is reminded it is obliged to obey such laws, regulations, and executive orders. Recipient may not distribute Covered Code that (i) in any way infringes (directly or contributorily) any intellectual property rights of any kind of any other person or entity or (ii) breaches any representation or warranty, express, implied or statutory, to which, under any applicable law, it might be deemed to have been subject.
7.Claims of Infringement. If Recipient learns of any third party claim that any disposition of Covered Code and/or functionality wholly or partially infringes the third party's intellectual property rights, Recipient will promptly notify SGI of such claim.
8.Versions of the License. SGI may publish revised and/or new versions of the License from time to time, each with a distinguishing version number. Once Covered Code has been published under a particular version of the License, Recipient may, for the duration of the license, continue to use it under the terms of that version, or choose to use such Covered Code under the terms of any subsequent version published by SGI. Subject to the provisions of Sections 3 and 4 of this License, only SGI may modify the terms applicable to Covered Code created under this License.
9.DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
10.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
11.Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of its utilization of rights under this License. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from and against any loss, liability, damages, costs or expenses (including the payment of reasonable attorneys fees) arising out of Recipient's use, modification, reproduction and distribution of the Covered Code or out of any representation or warranty made by Recipient.
12.U.S. Government End Users. The Covered Code is a "commercial item" consisting of "commercial computer software" as such terms are defined in title 48 of the Code of Federal Regulations and all U.S. Government End Users acquire only the rights set forth in this License and are subject to the terms of this License.
13.Miscellaneous. This License represents the complete agreement concerning the its subject matter. If any provision of this License is held to be unenforceable, such provision shall be reformed so as to achieve as nearly as possible the same legal and economic effect as the original provision and the remainder of this License will remain in effect. This License shall be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation relating to this License shall be subject to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or, absent subject matter jurisdiction in such courts, the courts of the State of California), with venue lying exclusively in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
Exhibit A
License Applicability. Except to the extent portions of this file are made subject to an alternative license as permitted in the SGI Free Software License B, Version 1.1 (the "License"), the contents of this file are subject only to the provisions of the License. You may not use this file except in compliance with the License. You may obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, or at:
http://oss.sgi.com/projects/FreeB
Note that, as provided in the License, the Software is distributed on an "AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Original Code. The Original Code is: [name of software, version number, and release date], developed by Silicon Graphics, Inc. The Original Code is Copyright (c) [dates of first publication, as appearing in the Notice in the Original Code] Silicon Graphics, Inc. Copyright in any portions created by third parties is as indicated elsewhere herein. All Rights Reserved.
Additional Notice Provisions: [such additional provisions, if any, as appear in the Notice in the Original Code under the heading "Additional Notice Provisions"]
Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice including the dates of first publication and
either this permission notice or a reference to
http://oss.sgi.com/projects/FreeB/ shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL SILICON GRAPHICS, INC. BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of Silicon Graphics, Inc.
shall not be used in advertising or otherwise to promote the sale, use
or other dealings in this Software without prior written authorization
from Silicon Graphics, Inc.
SGI FREE SOFTWARE LICENSE B
(Version 1.0 1/25/2000)
1. Definitions.
1.1 "Additional Notice Provisions" means such additional provisions as appear in the Notice in Original Code under the heading "Additional Notice Provisions."
1.2 "API" means an application programming interface established by SGI in conjunction with the Original Code.
1.3 "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4 "Hardware" means any physical device that accepts input, processes input, stores the results of processing, and/or provides output.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.7 "License" means this document.
1.8 "Modifications" means any addition to the substance or structure of the Original Code and/or any addition to or deletion from previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to the contents of a file containing Original Code and/or any addition to or deletion from previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.9 "Notice" means any notice in Original Code or Covered Code, as required by and in compliance with this License.
1.10 "Original Code" means source code of computer software code which is described in the source code Notice required by Exhibit A as Original Code, and updates and error corrections specifically thereto.
1.11 "Recipient" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 8. For legal entities, "Recipient" includes any entity which controls, is controlled by, or is under common control with Recipient. For purposes of this definition, "control" of an entity means (a) the power, direct or indirect, to direct or manage such entity, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
1.12 SGI" means Silicon Graphics, Inc.
2. License Grant and Restrictions.
2.1 License Grant. Subject to the provisions of this License and any third party intellectual property claims, for the duration of intellectual property protections inherent in the Original Code, SGI hereby grants Recipient a worldwide, royalty-free, non-exclusive license, to do the following: (i) under copyrights Licensable by SGI, to reproduce, distribute, create derivative works from, and, to the extent applicable, display and perform the Original Code alone and/or as part of a Larger Work; and (ii) under any patent claims Licensable by SGI and embodied in the Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code. Recipient accepts the terms and conditions of this License by undertaking any of the aforementioned actions.
2.2 Restriction on Patent License. Notwithstanding the provisions of Section 2.1(ii), no patent license is granted: 1) separate from the Original Code; nor 2) for infringements caused by (i) modification of the Original Code, or (ii) the combination of the Original Code with other software or Hardware.
2.3 No License For Hardware Implementations. The licenses granted in Section 2.1 are not applicable to implementation in Hardware of the algorithms embodied in the Original Code.
2.4 Modifications License and API Compliance. Modifications are only licensed under Section 2.1(i) to the extent such Modifications are fully compliant with any API as may be identified in Additional Notice Provisions as appear in the Original Code.
3. Redistributions.
A. Retention of Notice/Copy of License. The Notice set forth in Exhibit A, below, must be conspicuously retained or included in any and all redistributions of Covered Code. For distributions of the Covered Code in source code form, the Notice must appear in every file that can include a text comments field; in executable form, the Notice and a copy of this License must appear in related documentation or collateral where the Recipient's rights relating to Covered Code are described. Any Additional Notice Provisions which actually appears in the Original Code must also be retained or included in any and all redistributions of Covered Code.
B. Alternative License. Provided that Recipient is in compliance with the terms of this License, Recipient may distribute the source code and/or executable version(s) of Covered Code under (1) this License; (2) a license identical to this License but for only such changes as are necessary in order to clarify Recipient's role as licensor of Modifications, without derogation of any of SGI's rights; and/or (3) a license of Recipient's choosing, containing terms different from this License, provided that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified or superseded by any other terms of such license. If Recipient elects to use any license other than this License, Recipient must make it absolutely clear that any of its terms which differ from this License are offered by Recipient alone, and not by SGI.
C. Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result of any such alternative license terms Recipient offers.
4. Termination. This License and the rights granted hereunder will terminate automatically if Recipient breaches any term herein and fails to cure such breach within 30 days thereof. Any sublicense to the Covered Code that is properly granted shall survive any termination of this License, absent termination by the terms of such sublicense. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
5. No Trademark Or Other Rights. This License does not grant any rights to: (i) any software apart from the Covered Code, nor shall any other rights or licenses not expressly granted hereunder arise by implication, estoppel or otherwise with respect to the Covered Code; (ii) any trade name, trademark or service mark whatsoever, including without limitation any related right for purposes of endorsement or promotion of products derived from the Covered Code, without prior written permission of SGI; or (iii) any title to or ownership of the Original Code, which shall at all times remains with SGI. All rights in the Original Code not expressly granted under this License are reserved.
6. Compliance with Laws; Non-Infringement. Recipient hereby assures that it shall comply with all applicable laws, regulations, and executive orders, in connection with any and all dispositions of Covered Code, including but not limited to, all export, re-export, and import control laws, regulations, and executive orders, of the U.S. government and other countries. Recipient may not distribute Covered Code that (i) in any way infringes (directly or contributorily) the rights (including patent, copyright, trade secret, trademark or other intellectual property rights of any kind) of any other person or entity or (ii) breaches any representation or warranty, express, implied or statutory, to which, under any applicable law, it might be deemed to have been subject.
7. Claims of Infringement. If Recipient learns of any third party claim that any disposition of Covered Code and/or functionality wholly or partially infringes the third party's intellectual property rights, Recipient will promptly notify SGI of such claim.
8. Versions of the License. SGI may publish revised and/or new versions of the License from time to time, each with a distinguishing version number. Once Covered Code has been published under a particular version of the License, Recipient may, for the duration of the license, continue to use it under the terms of that version, or choose to use such Covered Code under the terms of any subsequent version published by SGI. Subject to the provisions of Sections 3 and 4 of this License, only SGI may modify the terms applicable to Covered Code created under this License.
9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
11. Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of its utilization of rights under this License. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from and against any loss, liability, damages, costs or expenses (including the payment of reasonable attorneys fees) arising out of Recipient's use, modification, reproduction and distribution of the Covered Code or out of any representation or warranty made by Recipient.
12. U.S. Government End Users. The Covered Code is a "commercial item" consisting of "commercial computer software" as such terms are defined in title 48 of the Code of Federal Regulations and all U.S. Government End Users acquire only the rights set forth in this License and are subject to the terms of this License.
13. Miscellaneous. This License represents the complete agreement concerning the its subject matter. If any provision of this License is held to be unenforceable, such provision shall be reformed so as to achieve as nearly as possible the same legal and economic effect as the original provision and the remainder of this License will remain in effect. This License shall be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation relating to this License shall be subject to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or, absent subject matter jurisdiction in such courts, the courts of the State of California), with venue lying exclusively in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
GLX PUBLIC LICENSE Version 1.0 2/11/99 License
Subject to any third party claims, Silicon Graphics, Inc. ("SGI") hereby
grants permission to Recipient (defined below), under Recipient's copyrights
in the Original Software (defined below), to use, copy, modify, merge, pub-
lish, distribute, sublicense and/or sell copies of Subject Software (defined
below), and to permit persons to whom the Subject Software is furnished in
accordance with this License to do the same, subject to all of the following
terms and conditions, which Recipient accepts by engaging in any such use,
copying, modifying, merging, publishing, distributing, sublicensing or sell-
ing:
1. Definitions.
(a) "Original Software" means source code of computer software code
which is described in Exhibit A as Original Software.
(b) "Modifications" means any addition to or deletion from the sub-
stance or structure of either the Original Software or any previous
Modifications. When Subject Software is released as a series of
files, a Modification means (i) any addition to or deletion from
the contents of a file containing Original Software or previous
Modifications and (ii) any new file that contains any part of the
Original Code or previous Modifications.
(c) "Subject Software" means the Original Software or Modifications
or the combination of the Original Software and Modifications, or
portions of any of the foregoing.
(d) "Recipient" means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License.
For legal entities, "Recipient" includes any entity which controls,
is controlled by, or is under common control with Recipient. For
purposes of this definition, "control" of an entity means (a) the
power, direct or indirect, to direct or manage such entity, or (b)
ownership of fifty percent (50%) or more of the outstanding shares
or beneficial ownership of such entity.
2. Redistribution of Source Code Subject to These Terms. Redistributions of
Subject Software in source code form must retain the notice set forth in
Exhibit A, below, in every file. A copy of this License must be included in
any documentation for such Subject Software where the recipients' rights
relating to Subject Software are described. Recipient may distribute the
source code version of Subject Software under a license of Recipient's
choice, which may contain terms different from this License, provided that
(i) Recipient is in compliance with the terms of this License, and (ii) the
license terms include this Section 2 and Sections 3, 4, 7, 8, 10, 12 and 13
of this License, which terms may not be modified or superseded by any other
terms of such license. If Recipient distributes the source code version under
a different license Recipient must make it absolutely clear that any terms
which differ from this License are offered by Recipient alone, not by SGI.
Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as
a result of any such terms Recipient offers.
3. Redistribution in Executable Form. The notice set forth in Exhibit A must
be conspicuously included in any notice in an executable version of Subject
Software, related documentation or collateral in which Recipient describes
the user's rights relating to the Subject Software. Recipient may distribute
the executable version of Subject Software under a license of Recipient's
choice, which may contain terms different from this License, provided that
(i) Recipient is in compliance with the terms of this License, and (ii) the
license terms include this Section 3 and Sections 4, 7, 8, 10, 12 and 13 of
this License, which terms may not be modified or superseded by any other
terms of such license. If Recipient distributes the executable version under
a different license Recipient must make it absolutely clear that any terms
which differ from this License are offered by Recipient alone, not by SGI.
Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as
a result of any such terms Recipient offers.
4. Termination. This License and the rights granted hereunder will terminate
automatically if Recipient fails to comply with terms herein and fails to
cure such breach within 30 days of the breach. Any sublicense to the Subject
Software which is properly granted shall survive any termination of this
License absent termination by the terms of such sublicense. Provisions which,
by their nature, must remain in effect beyond the termination of this License
shall survive.
5. No Trademark Rights. This License does not grant any rights to use any
trade name, trademark or service mark whatsoever. No trade name, trademark or
service mark of SGI may be used to endorse or promote products derived from
the Subject Software without prior written permission of SGI.
6. No Other Rights. This License does not grant any rights with respect to
the OpenGL API or to any software or hardware implementation thereof or to
any other software whatsoever, nor shall any other rights or licenses not
expressly granted hereunder arise by implication, estoppel or otherwise with
respect to the Subject Software. Title to and ownership of the Original Soft-
ware at all times remains with SGI. All rights in the Original Software not
expressly granted under this License are reserved.
7. Compliance with Laws; Non-Infringement. Recipient shall comply with all
applicable laws and regulations in connection with use and distribution of
the Subject Software, including but not limited to, all export and import
control laws and regulations of the U.S. government and other countries.
Recipient may not distribute Subject Software that (i) in any way infringes
(directly or contributorily) the rights (including patent, copyright, trade
secret, trademark or other intellectual property rights of any kind) of any
other person or entity or (ii) breaches any representation or warranty,
express, implied or statutory, which under any applicable law it might be
deemed to have been distributed.
8. Claims of Infringement. If Recipient at any time has knowledge of any one
or more third party claims that reproduction, modification, use, distribu-
tion, import or sale of Subject Software (including particular functionality
or code incorporated in Subject Software) infringes the third party's intel-
lectual property rights, Recipient must place in a well-identified web page
bearing the title "LEGAL" a description of each such claim and a description
of the party making each such claim in sufficient detail that a user of the
Subject Software will know whom to contact regarding the claim. Also, upon
gaining such knowledge of any such claim, Recipient must conspicuously
include the URL for such web page in the Exhibit A notice required under Sec-
tions 2 and 3, above, and in the text of any related documentation, license
agreement or collateral in which Recipient describes end user's rights relat-
ing to the Subject Software. If Recipient obtains such knowledge after it
makes Subject Software available to any other person or entity, Recipient
shall take other steps (such as notifying appropriate mailing lists or news-
groups) reasonably calculated to inform those who received the Subject Soft-
ware that new knowledge has been obtained.
9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-
CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. SGI ASSUMES NO
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-
VICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-
ORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-
BILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO
THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
11. Indemnity. Recipient shall be solely responsible for damages arising,
directly or indirectly, out of its utilization of rights under this License.
Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.
from and against any loss, liability, damages, costs or expenses (including
the payment of reasonable attorneys fees) arising out of Recipient's use,
modification, reproduction and distribution of the Subject Software or out of
any representation or warranty made by Recipient.
12. U.S. Government End Users. The Subject Software is a "commercial item"
consisting of "commercial computer software" as such terms are defined in
title 48 of the Code of Federal Regulations and all U.S. Government End
Users acquire only the rights set forth in this License and are subject to
the terms of this License.
13. Miscellaneous. This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is held to be unen-
forceable, such provision shall be reformed so as to achieve as nearly as
possible the same economic effect as the original provision and the remainder
of this License will remain in effect. This License shall be governed by and
construed in accordance with the laws of the United States and the State of
California as applied to agreements entered into and to be performed entirely
within California between California residents. Any litigation relating to
this License shall be subject to the exclusive jurisdiction of the Federal
Courts of the Northern District of California (or, absent subject matter
jurisdiction in such courts, the courts of the State of California), with
venue lying exclusively in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys fees and expenses. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a con-
tract shall be construed against the drafter shall not apply to this License.
Exhibit A
The contents of this file are subject to Sections 2, 3, 4, 7, 8, 10, 12 and
13 of the GLX Public License Version 1.0 (the "License"). You may not use
this file except in compliance with those sections of the License. You may
obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services,
2011 N. Shoreline Blvd., Mountain View, CA 94043 or at
http://www.sgi.com/software/opensource/glx/license.html.
Software distributed under the License is distributed on an "AS IS" basis.
ALL WARRANTIES ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-
INFRINGEMENT. See the License for the specific language governing rights and
limitations under the License.
The Original Software is GLX version 1.2 source code, released February,
1999. The developer of the Original Software is Silicon Graphics, Inc. Those
portions of the Subject Software created by Silicon Graphics, Inc. are Copy-
right (c) 1991-9 Silicon Graphics, Inc. All Rights Reserved.
Basically, I only care that you do not remove the Copyright notice from the
source code when using Sglib.
More precisely: you can use Sglib or its derivative forms (under the condition
that the Copyright notice is preserved) in any project, whether commercial or
not, free of charges. In particular, you can use Sglib under the terms of any
license defined as an open source license by the Open Source Initiative
(see http://www.opensource.org/). This includes most common open source licenses
such as the BSD license and GNU GPL.
If you need to use sglib under any particular license conditions, contact the
author.
LICENSE AND DISCLAIMER OF WARRANTIES
Standard Generalized Markup Language Users' Group (SGMLUG)
SGML Parser Materials
1. License
SGMLUG hereby grants to any user: (1) an irrevocable royalty-free,
worldwide, non-exclusive license to use, execute, reproduce, display,
perform and distribute copies of, and to prepare derivative works
based upon these materials; and (2) the right to authorize others to
do any of the foregoing.
2. Disclaimer of Warranties
(a) The SGML Parser Materials are provided "as is" to any USER. USER
assumes responsibility for determining the suitability of the SGML
Parser Materials for its use and for results obtained. SGMLUG makes
no warranty that any errors have been eliminated from the SGML Parser
Materials or that they can be eliminated by USER. SGMLUG shall not
provide any support maintenance or other aid to USER or its licensees
with respect to SGML Parser Materials. SGMLUG shall not be
responsible for losses of any kind resulting from use of the SGML
Parser Materials including (without limitation) any liability for
business expense, machine downtime, or damages caused to USER or third
parties by any deficiency, defect, error, or malfunction.
(b) SGMLUG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, ARISING OUT
OF OR RELATING TO THE SGML PARSER MATERIALS OR ANY USE THEREOF,
INCLUDING (WITHOUT LIMITATION) ANY WARRANTY WHATSOEVER AS TO THE
FITNESS FOR A PARTICULAR USE OR THE MERCHANTABILITY OF THE SGML PARSER
MATERIALS.
(c) In no event shall SGMLUG be liable to USER or third parties
licensed by USER for any indirect, special, incidental, or
consequential damages (including lost profits).
(d) SGMLUG has no knowledge of any conditions that would impair its right
to license the SGML Parser Materials. Notwithstanding the foregoing,
SGMLUG does not make any warranties or representations that the
SGML Parser Materials are free of claims by third parties of patent,
copyright infringement or the like, nor does SGMLUG assume any
liability in respect of any such infringement of rights of third
parties due to USER's operation under this license.
There is no license associated with the code and you may use it for any purpose—personal or commercial—as you wish. We ask only that you include citations in your documentation and source code to show the source of the code and provide links to the main page, to facilitate communications regarding any questions on the theory or source code.
Software Heritage Contributor License Agreement
version 1.1, 2020-05-05
Origin and beneficiary of the present contributor license agreement:
INSTITUT NATIONAL DE RECHERCHE EN INFORMATIQUE ET EN AUTOMATIQUE ''[National Institute for Research in Computing and Automation]'', Public Institution of a scientific and technological nature under decree 85-831 of August 2, 1982, Headquartered at Domaine de Voluceau – Rocquencourt – BP 105 – 78153 Le Chesnay cedex represented by its Chairman and CEO, Mr. Bruno Sportisse, founder of the Software Heritage project.
ARTICLE 1 — DEFINITIONS
“Software”: means any software component collaboratively developed on the Software Heritage forge.
“Contribution:” means any original contribution protected by copyright, in particular modifications of existing functionalities or the development of new ones, of which You are the author, and that You intentionally submit for integration into the Software. A Contribution includes its source code, its object code, as well as any specifications and documentation related thereto.
“You”: means you, the Contributor, as a physical and individual person, owning copyrights on the Contribution and free from any obligation (in particular regarding to your employer) which may prevent you from developing and submitting the Contribution for integration into the Software.
ARTICLE 2 — COPYRIGHTS LICENSED
You grant to Inria a worldwide, non-exclusive, transferable, royalty-free, irrevocable license, including the right to sublicense, on the Contribution, for the duration of the corresponding copyright. In particular, you grant for any mean and purpose, the right to use, to reproduce, to modify, to display, to perform with any media or technical mean, and to distribute through any form of communication the Contribution.
As a condition to the grant of rights mentioned in article 2.1 above, Inria shall license the Contribution ''only'' under the terms of a license complying with both the free software criteria defined by the Free Software Foundation (FSF) and the Open Source Definition by the Open Source Initiative (OSI). (See https://www.gnu.org/licenses/license-list.en.html for a list of free software license and https://opensource.org/licenses for a list of open source licenses.)
You will promptly notify Inria via email at legal@softwareheritage.org if You become aware of any facts or circumstances that would make these commitments inaccurate in any way.
ARTICLE 3 — GUARANTEES
You guarantee that You own copyrights over the Contribution and that You hold, to the best of your knowledge, all of the rights necessary to grant a license on said Contribution to Inria and that You do not infringe third party’s rights.
You acknowledge that You hold no patent which could be enforced against any use by Inria of the copyright over the Contribution. In the opposite case, You promise not to enforce the rights granted by these patents against Inria, or any of its licensees, sub-licensees or assignees, for using, exploiting, modifying, distributing your Contribution accordingly with article 2 here above.
You declare that You are licensing your Contribution “as is”, without guarantee as to its commercial value, and without guaranteeing that the Contribution is free of errors.
ARTICLE 4 — MISCELLANEOUS
This contract is subject to French law.
Any dispute concerning the interpretation, validity or execution of this contract will be submitted, failing an out-of-court resolution, to the competent French court.
The present agreement may be assigned by Inria to any non-profit entity which would become entitled to carry out Software Heritage’s mission.
If one or several stipulations of this contract are held to be invalid or declared such in application of a law or regulation, or by reason of a final ruling by a competent court, the others will retain all of their force and scope.
You shall be asked to confirm the present agreement periodically, every three (3) years after signing it. Should our contribution policy change before, you will be notified and asked to sign the new contributor license agreement as a condition to submit further Contributions.
Shavlik Technologies, LLC
END USER LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE LOADING THE SOFTWARE. THIS
AGREEMENT GOVERNS THE USE OF THE PRODUCT (AS DEFINED BELOW). BY CLICKING "I ACCEPT"
BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU ARE SIGNING THIS
AGREEMENT, THEREBY BECOMING BOUND BY ITS TERMS. BY INDICATING YOUR AGREEMENT, YOU ALSO
REPRESENT AND WARRANT THAT YOU ARE A DULY AUTHORIZED REPRESENTATIVE OF THE ENTITY THAT
HAS PURCHASED THE SOFTWARE AND THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO
THIS AGREEMENT ON THE ENTITY’S BEHALF. IF YOU DO NOT AGREE WITH THIS AGREEMENT, THEN
CLICK "I DO NOT ACCEPT" BELOW OR DO NOT INSTALL, COPY OR USE THE PRODUCT.
1. License.
Subject to the terms and conditions of this Agreement, Shavlik Technologies, LLC ("Shavlik") grants to
the individual or entity installing this product ("Licensee"), a non-exclusive, non-transferable license to
use the software, together with any updates and data components provided to Licensee under a current
Software Support Services Agreement, and any accompanying documentation provided by Shavlik
(collectively, the "Product"), solely for Licensee’s internal business purposes and only in as many copies
and/or for the number of virtual or physical workstations, PCs, servers, and/or other devices scanned,
remediated, or reported on using the Software ("Seats") as authorized by Shavlik as part of Licensee’s
purchase. The Product may require a maintainable data component. Licensee shall have access to the
maintainable data component so long as Licensee purchases and maintains a current Software Support
Services Agreement.
2. Limitations on Use.
Licensee shall not, nor cause or permit any other person to: (i) reverse engineer, translate, disassemble,
decompile, sell, rent, lease, manufacture, adapt, create derivative works from, or otherwise modify or
distribute the Product or any part thereof; (ii) copy, in whole or in part, the Product with the exception
of one copy of the Product for backup or archival purposes; (iii) use the Product to provide consulting
or other services to third parties; or (iv) delete any copyright, trademark, patent or other notices of
proprietary rights of Shavlik as they appear anywhere in or on the Product.
3. Proprietary Rights.
All intellectual property rights including trademarks, service marks, patents, copyrights, trade secrets,
and other proprietary rights in or related to the Product is and will remain the property of Shavlik or its
licensors, whether or not specifically recognized or protected under local law. Product may include third
party products. Please read our accompanying documentation for further information.4. No Warranty.
Shavlik does not warrant that the functions contained in the Product will meet Licensee’s requirements
or that operation of the program will be uninterrupted or error-free. The entire risk as to the results
and performance of the Product is assumed by Licensee. THE PRODUCT IS FURNISHED "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, AND SHAVLIK AND ITS LICENSORS HEREBY DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY IN RESPECT OF THE PRODUCT INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES AS TO NON-INFRINGEMENT. SOME STATES AND
COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE
EXCLUSION MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL
RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.
5. LIMITATION OF LIABILITY.
IN NO EVENT SHALL SHAVLIK OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT,
OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER
DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF
THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF SHAVLIK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL SHAVLIK’S TOTAL LIABILITY TO
LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED
THE AMOUNT OF ANY LICENSE FEE PAID BY LICENSEE TO SHAVLIK FOR THE PRODUCT.
6. Term and Termination.
This Agreement is effective upon installation of the Product and will remain in effect until terminated.
Shavlik may terminate this Agreement immediately if Licensee fails to comply with any provision of this
Agreement. Upon termination, Licensee agrees to destroy the original and all copies of the Product in
its possession or control, and erase all copies residing on any computer equipment. Sections 3, 4, 5, 6, 7,
and 9 shall survive termination of this Agreement.
7. Export Control and Government Use.
Licensee agrees to comply with all applicable United States export control laws and regulations, as
amended from time to time, including without limitation, the laws and regulations administered by the
United States Department of Commerce and the United States Department of State. Licensee shall
not export, import or transfer the Product contrary to U.S. or other applicable laws, whether directly or
indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties
in doing so. Any Product acquired by or on behalf of a unit or agency of the United States Government
is "commercial computer software" or "commercial computer software documentation" and, absent a
written agreement to the contrary, the Government’s rights with respect to such software or
documentation are limited by the terms of this Agreement, pursuant to FAR § 12.212(a) and its successor
regulations and/or DFARS § 227.7202-1(a) and its successor regulations, as applicable.
8. Open Source Software.
The Product includes or may include some software programs that are licensed (or sublicensed) to the
user under the GNU General Public License (GPL) or other similar software licenses ("Free Software
Licenses") which, among other rights, permit the user to copy, modify and redistribute certain programs,
or portions thereof, and have access to the source code. The GPL requires that for any software covered
under the GPL, which is distributed to someone in an executable binary format that the source code also
be made available to those users. For any such software, the source code shall be made available to you
upon request.
9. General.
This Agreement and any dispute arising from or relating to it shall be governed by and construed
and enforced in accordance with Minnesota law, without reference to conflicts of laws principles, and
excluding the UN Convention on Contracts for the International Sale of Goods. Any legal action or
proceeding shall be instituted in a state or federal court in Hennepin County, Minnesota, USA. Any
waiver of or modification to the terms of this Agreement will not be effective unless executed in writing
and signed by Shavlik. If any provision of this Agreement is held to be unenforceable, in whole or in
part, such holding shall not affect the validity of the other provisions of this Agreement. Licensee may
not assign this Agreement or any associated transactions without the written consent of Shavlik. This
Agreement constitutes the complete agreement between the parties and supersedes all prior or
contemporaneous agreements or representations, written or oral, concerning the subject matter of this
Agreement including any purchase order or ordering document.
Should you have any questions concerning the Product or this License, contact Shavlik Technologies,
LLC, 2665 Long Lake Road, Suite 400, Roseville, Minnesota 55113 Telephone: +1 (800) 690 6911 or +1 (651)
426-6624; fax: (651) 426-3345; e-mail: info@shavlik.com
SHAVLIK EULA #H4Q2 VERSION 2.3
You may freely copy, store, distribute and use any material published on this
site free of charge and without my explicit permission, provided anyone else
doesn't owns copyright for it or no notice has been put explicitly stating
otherwise. All programs available on this website, unless stated otherwise, can
be freely copied, stored or redistributed with or without your own custom
alterations. You are not required to take my explicit permission or retain
original copyright notice. If you are redistributing any other material except
programs available on this website, you may not alter or distort the content
and you must acknowledge the original copyright notice in your redistribution.
Terms of Use
You use any information, facts, opinions, views, material or programs available
on this website at completely your risks. There are no explicit or implicit
warrenties of any kind for any information, facts, opinions, views, material or
programs that are expressed or available on or through this website. You
completely assume any and all risks and associated liabilities that might result
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available on this website.
Disclaimer
The views expressed on this website are solely mine and does not represent that
of my employer or my clients.This is my official personaebsite. Most content and
programs available on this website are original and authored by myself, unless
otherwise noted. If you feel credit due to someone is not given or if any
copyright laws are violated or object to certain content on this website, please
feel free to write to me and let me know.
SOLDERPAD HARDWARE LICENSE version 0.5
This license is based closely on the Apache License Version 2.0, but is not approved or endorsed by the Apache Foundation. A copy of the non-modified Apache License 2.0 can be found at http://www.apache.org/licenses/LICENSE-2.0.
As this license is not currently OSI or FSF approved, the Licensor permits any Work licensed under this License, at the option of the Licensee, to be treated as licensed under the Apache License Version 2.0 (which is so approved).
This License is licensed under the terms of this License and in particular clause 7 below (Disclaimer of Warranties) applies in relation to its use.
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the Rights owner or entity authorized by the Rights owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Rights" means copyright and any similar right including design right (whether registered or unregistered), semiconductor topography (mask) rights and database extraction rights (but excluding Patents and Trademarks).
"Source" form shall mean the preferred form for making modifications, including but not limited to source code, net lists, board layouts, CAD files, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, the instantiation of a hardware design and conversions to other media types, including intermediate forms such as bytecodes, FPGA bitstreams, artwork and semiconductor topographies (mask works).
"Work" shall mean the work of authorship, whether in Source form or other Object form, made available under the License, as indicated by a Rights notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) or physically connect to or interoperate with the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any design or work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the Rights owner or by an individual or Legal Entity authorized to submit on behalf of the Rights owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the Rights owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under the Rights to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form and do anything in relation to the Work as if the Rights did not exist.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply this license to your work
To apply this license to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner] Copyright and related rights are licensed under the Solderpad Hardware License, Version 0.5 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://solderpad.org/licenses/SHL-0.5. Unless required by applicable law or agreed to in writing, software, hardware and materials distributed under this License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
SOLDERPAD HARDWARE LICENSE version 0.51
This license is based closely on the Apache License Version 2.0, but is not approved or endorsed by the Apache Foundation. A copy of the non-modified Apache License 2.0 can be found at http://www.apache.org/licenses/LICENSE-2.0.
As this license is not currently OSI or FSF approved, the Licensor permits any Work licensed under this License, at the option of the Licensee, to be treated as licensed under the Apache License Version 2.0 (which is so approved).
This License is licensed under the terms of this License and in particular clause 7 below (Disclaimer of Warranties) applies in relation to its use. TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the Rights owner or entity authorized by the Rights owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Rights" means copyright and any similar right including design right (whether registered or unregistered), semiconductor topography (mask) rights and database rights (but excluding Patents and Trademarks).
"Source" form shall mean the preferred form for making modifications, including but not limited to source code, net lists, board layouts, CAD files, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, the instantiation of a hardware design and conversions to other media types, including intermediate forms such as bytecodes, FPGA bitstreams, artwork and semiconductor topographies (mask works).
"Work" shall mean the work of authorship, whether in Source form or other Object form, made available under the License, as indicated by a Rights notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) or physically connect to or interoperate with the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any design or work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the Rights owner or by an individual or Legal Entity authorized to submit on behalf of the Rights owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the Rights owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under the Rights to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form and do anything in relation to the Work as if the Rights did not exist.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any modified files to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS
APPENDIX: How to apply this license to your work
To apply this license to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner] Copyright and related rights are licensed under the Solderpad Hardware License, Version 0.51 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://solderpad.org/licenses/SHL-0.51. Unless required by applicable law or agreed to in writing, software, hardware and materials distributed under this License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Solderpad Hardware Licence v2.0
Solderpad Hardware Licence v2.0
AN UPDATED VERSION OF THIS LICENSE IS AVAILABLE.
Please see the licenses page.
This licence (the “Licence”) operates as a wraparound licence to the Apache License Version 2.0 (the “Apache License”) and grants to You the rights, and imposes the obligations, set out in the Apache License (which can be found here: http://apache.org/licenses/LICENSE-2.0), with the following extensions. It must be read in conjunction with the Apache License. Section 1 below modifies definitions in the Apache License, and section 2 below replaces sections 2 of the Apache License. You may, at your option, choose to treat any Work released under this License as released under the Apache License (thus ignoring all sections written below entirely). Words in italics indicate changes rom the Apache License, but are indicative and not to be taken into account in interpretation.
1. The definitions set out in the Apache License are modified as follows:
Copyright any reference to ‘copyright’ (whether capitalised or not) includes ‘Rights’ (as defined below).
Contribution also includes any design, as well as any work of authorship.
Derivative Works shall not include works that remain reversibly separable from, or merely link (or bind by name) or physically connect to or interoperate with the interfaces of the Work and Derivative Works thereof.
Object form shall mean any form resulting from mechanical transformation or translation of a Source form or the application of a Source form to physical material, including but not limited to compiled object code, generated documentation, the instantiation of a hardware design or physical object and conversions to other media types, including intermediate forms such as bytecodes, FPGA bitstreams, moulds, artwork and semiconductor topographies (mask works).
Rights means copyright and any similar right including design right (whether registered or unregistered), semiconductor topography (mask) rights and database rights (but excluding Patents and Trademarks).
Source form shall mean the preferred form for making modifications, including but not limited to source code, net lists, board layouts, CAD files, documentation source, and configuration files.
Work also includes a design or work of authorship, whether in Source form or other Object form.
2. Grant of Licence
2.1 Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under the Rights to reproduce, prepare Derivative Works of, make, adapt, repair, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form and do anything in relation to the Work as if the Rights did not exist.
Solderpad Hardware License v2.1
This license operates as a wraparound license to the Apache License Version 2.0 (the “Apache License”) and incorporates the terms and conditions of the Apache License (which can be found here: http://apache.org/licenses/LICENSE-2.0), with the following additions and modifications. It must be read in conjunction with the Apache License. Section 1 below modifies definitions and terminology in the Apache License and Section 2 below replaces Section 2 of the Apache License. The Appendix replaces the Appendix in the Apache License. You may, at your option, choose to treat any Work released under this license as released under the Apache License (thus ignoring all sections written below entirely).
1. Terminology in the Apache License is supplemented or modified as follows:
“Authorship”: any reference to ‘authorship’ shall be taken to read “authorship or design”.
“Copyright owner”: any reference to ‘copyright owner’ shall be taken to read “Rights owner”.
“Copyright statement”: the reference to ‘copyright statement’ shall be taken to read ‘copyright or other statement pertaining to Rights’.
The following new definition shall be added to the Definitions section of the Apache License:
“Rights” means copyright and any similar right including design right (whether registered or unregistered), rights in semiconductor topographies (mask works) and database rights (but excluding Patents and Trademarks).
The following definitions shall replace the corresponding definitions in the Apache License:
“License” shall mean this Solderpad Hardware License version 2.1, being the terms and conditions for use, manufacture, instantiation, adaptation, reproduction, and distribution as defined by Sections 1 through 9 of this document.
“Licensor” shall mean the owner of the Rights or entity authorized by the owner of the Rights that is granting the License.
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship or design. For the purposes of this License, Derivative Works shall not include works that remain reversibly separable from, or merely link (or bind by name) or physically connect to or interoperate with the Work and Derivative Works thereof.
“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form or the application of a Source form to physical material, including but not limited to compiled object code, generated documentation, the instantiation of a hardware design or physical object or material and conversions to other media types, including intermediate forms such as bytecodes, FPGA bitstreams, moulds, artwork and semiconductor topographies (mask works).
“Source” form shall mean the preferred form for making modifications, including but not limited to source code, net lists, board layouts, CAD files, documentation source, and configuration files.
“Work” shall mean the work of authorship or design, whether in Source or Object form, made available under the License, as indicated by a notice relating to Rights that is included in or attached to the work (an example is provided in the Appendix below).
2. Grant of License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under the Rights to reproduce, prepare Derivative Works of, make, adapt, repair, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form and do anything in relation to the Work as if the Rights did not exist.
APPENDIX
Copyright [yyyy] [name of copyright owner]
SPDX-License-Identifier: Apache-2.0 WITH SHL-2.1
Licensed under the Solderpad Hardware License v 2.1 (the “License”); you may not use this file except in compliance with the License, or, at your option, the Apache License version 2.0. You may obtain a copy of the License at
https://solderpad.org/licenses/SHL-2.1/
Unless required by applicable law or agreed to in writing, any work distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, sell and/or create derivative works of the Software or any part thereof, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The rights granted above may only be exercised to develop applications that integrate or interoperate with Shopify software or services, and, if applicable, to distribute, offer for sale or otherwise make available any such applications via the Shopify App Store. All other uses of the Software are strictly prohibited.
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Siesta ACADEMIC LICENCE for INDIVIDUALS
Motivation and Preamble
The Siesta program has been devised for its general use in research
within the academic community. Some conditions have been defined for
the use, distribution, and modification of Siesta, which the authors
consider fair and within the common fair practices in the academic
community.
1. Definitions
"The Authors" are:
* Emilio Artacho, University of Cambridge, and IkerBasque and
CIC-Nanogune, San Sebastián * José María Cela,
Barcelona Supercomputing Center * Julian Gale, Curtin University
of Technology, Perth * Alberto García, ICMAB-CSIC, Barcelona *
Javier Junquera, Universidad de Cantabria, Santander * Pablo
Ordejón, CIN2-CSIC, Barcelona * Daniel Sánchez-Portal, Centro
de Física de Materiales, CSIC-UPV/EHU, San Sebastián *
José M. Soler, Universidad Autónoma de Madrid
Although we, the Authors, acknowledge that a limited number of
auxiliary subroutines were written by (or are based on previous
subroutines written by) other authors consider that the implementation
of all the basic algorithms of the Siesta program is ours.
The Siesta team ("the Developers") are the Authors and:
* Richard M. Martin, University of Illinois at Urbana-Champaign
"The Copyright-Holder" is the set of Authors.
The valid distributors of the Siesta package ("The Distributors") are
the Developers as specified above.
"The Siesta package" is the suite of software, including the Siesta
code itself, but also all other software, documentation, scripts, and
ancillary support material distributed as a single entity. This
Licence covers the entirety of said data.
The Licensee is the person (never an institution) to whom the Siesta
package is distributed (under the terms of this Licence) by the
Distributors; they are bound by this agreement.
2. NO WARRANTY
There is no warranty for any part of the Siesta package. The Siesta
package is provided by the Distributors "as-is" without warranty of
any kind, either express or implied, including but not limited to the
implied warranties of merchantability or fitness for a particular
purpose. In no event shall the Distributors be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages
(including, but not limited to, procurement of substitute goods or
services; loss of use, data, or profits; or business interruption)
however caused and on any theory of liability, whether in contract,
strict liability, or tort (including negligence or otherwise) arising
in any way out of the use of this software, even if advised of the
possibility of such damage. The entire risk as to the quality or
performance of the program, or any action the Licensee may take based
on the output of any part of the Siesta package, is with the Licensee.
3. Limitation of Usage
The use of the Siesta package under the present Licence is restricted
solely to members of academic institutions (including universities and
non-military public research laboratories) and to academic purposes,
i.e., leading to open publication of results, with neither withhold of
information nor intentional delay in publication. Notwithstanding
these general definitions, the Authors reserve the exclusive right to
determine what purposes and persons are elegible for using the
Siesta package under this Licence, and to withhold the right to use
the software where they are not satisfied that either condition is
fulfilled.
The Licensee is hereby provided with a non-exclusive, royalty-free
right to use any part of the Siesta package, and to display, publish,
perform, or otherwise use results obtained by use of the Siesta
package in any form, subject to the restriction that in any paper or
other academic publication containing results wholly or partially
derived from the results of use of the Siesta package, the following
papers must be cited in the normal manner:
1. Self-consistent order-N density-functional calculations for very
large systems, P. Ordejón, E. Artacho and J. M. Soler, Phys. Rev. B
(Rapid Comm.) 53, R10441 (1996).
2. The Siesta method for ab initio order-N materials simulation,
José M. Soler, Emilio Artacho, Julian D. Gale, Alberto García,
Javier Junquera, Pablo Ordejón and Daniel Sánchez-Portal, J. Phys.:
Condens. Matter 14, 2745 (2002).
Other papers relevant to the Siesta package and method should be cited
as best scientific practice dictates.
Licensees are recommended to send reference to the Developers of any
publication containing results wholly or partially derived from the
results of use of the Siesta package.
The above-mentioned right to use the code is extensive to the members
of the research group of the Licensee as long as the use is in
collaboration with the Licensee leading to co-authored publication(s).
4. Support
The present Licence does not imply support services of any kind to the
Licensee by the Distributors, including, but not limited to,
installation, compilation and use of the software in the package.
5. Modification
Licensees are permitted to modify Siesta for their own private use; in
any paper containing results wholly or partially derived from the use
of a modified version of Siesta, the authors are required to state
that a privately modified version of Siesta is used, and satisfy the
conditions of use stated above.
The Developers encourage Licensees to submit their modifications of
the Siesta package to them, so that the Siesta package does not fork,
and furthermore so that the package can be improved for all
users. Licensees can thereby benefit from the ulterior developments of
Siesta.
To this end, the Developers wish to encourage Licensees to make any
modifications to the Siesta package in as modular a fashion as
possible: for example, interacting via files, or via well-defined
interface calls. This permits maintenance of these modifications as a
separate entity in many cases, and may allow their separation from
Siesta and distribution as a separate piece of software: in that case,
such software is not subject to this Licence, and the authors of the
separate software are free to choose any licensing terms they desire.
However, if a given modification must be incorporated directly into
the Siesta package, the author(s) of any such modifications must
provide a perpetual, royalty-free, irrevocable license to the
Copyright-Holder, to further modify their modifications
("the Contributed Code") as may prove necessary for the
future development of Siesta, and to distribute the Contributed Code
(in its original or any later modified form) as part of the Siesta
package.
The Developers, in the interests of maintaining the efficiency of the
Siesta package and the modularity of its code base, actively encourage
all those considering modifications to the Siesta package to discuss
their planned modifications with the Developers beforehand.
6. Redistribution
The authors reserve the exclusive right to distribute the Siesta
package. Licensees have no right to distribute the Siesta package, a
modified or alternative version thereof, or any other program making
direct use of parts of the Siesta package, without the prior written
consent of the Distributors.
7. All Other Rights
All other rights not explicitly mentioned in this document are
reserved. In particular, the Authors reserve all rights to resolve any
and all conflicts arising in the development and distribution policies
of the Siesta package.
Without accepting the Licence, a prospective Licensee does not have the
right to use or modify the Siesta package.
Everyone is permitted to copy and distribute verbatim copies of this
Licence document, but changing it is not permitted.
SIESTA LICENCE for COMPUTER CENTRES
Motivation and Preamble
The SIESTA program has been devised for its general use in research
within the academic community. Some conditions have been defined for
the use, distribution, and modification of SIESTA, which the authors
consider fair and within the common fair practices in the academic
community.
1. Definitions
"The Authors" are:
* Emilio Artacho, University of Cambridge, and IkerBasque and
CIC-Nanogune, San Sebastián * José María Cela,
Barcelona Supercomputing Center * Julian Gale, Curtin University
of Technology, Perth * Alberto García, ICMAB-CSIC, Barcelona *
Javier Junquera, Universidad de Cantabria, Santander * Pablo
Ordejón, CIN2-CSIC, Barcelona * Daniel Sánchez-Portal, Centro
de Física de Materiales, CSIC-UPV/EHU, San Sebastián *
José M. Soler, Universidad Autónoma de Madrid
Although we, the Authors, acknowledge that a limited number of
auxiliary subroutines were written by (or are based on previous
subroutines written by) other authors consider that the implementation
of all the basic algorithms of the SIESTA program is ours.
The Siesta team ("the Developers") are the Authors and:
* Richard M. Martin, University of Illinois at Urbana-Champaign
"The Copyright-Holder" is the set of Authors.
The valid distributors of the Siesta package ("The Distributors") are
the Developers as specified above.
"The SIESTA package" is the suite of software, including the SIESTA
code itself, but also all other software, documentation, scripts, and
ancillary support material distributed as a single entity. This
Licence covers the entirety of said data.
The Licensee is the person (never an institution) to whom the SIESTA
package is distributed (under the terms of this Licence) by the
Distributors; they are bound by this agreement.
2. NO WARRANTY
There is no warranty for any part of the SIESTA package. The SIESTA
package is provided by the Distributors "as-is" without warranty of
any kind, either express or implied, including but not limited to the
implied warranties of merchantability or fitness for a particular
purpose. In no event shall the Distributors be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages
(including, but not limited to, procurement of substitute goods or
services; loss of use, data, or profits; or business interruption)
however caused and on any theory of liability, whether in contract,
strict liability, or tort (including negligence or otherwise) arising
in any way out of the use of this software, even if advised of the
possibility of such damage. The entire risk as to the quality or
performance of the program, or any action the Licensee may take based
on the output of any part of the SIESTA package, is with the Licensee.
3. Limitation of Usage
The Licensee is hereby provided with a non-exclusive, royalty-free
right to install the SIESTA package in any (or several) of the
computers of the Licensee’s Centre, and manipulate it in order to
compile the SIESTA program and the auxiliary programs distributed in
the package, and to make the binary executable files (of SIESTA and
auxiliary codes) accessible to any independently licensed SIESTA user
that has access to the Licensee computers. The Licensee is bound by
this agreement to grant access to the (source or executable) files
only to people holding a valid Licence to use SIESTA, and prevent
access to any other party.
This Licence does not grant the Licensee the right to use, develop or
distribute either the SIESTA package or any of its components. For
such purposes, a separate SIESTA user licence has to be issued to a
member or members of the Licensee Centre (person, not the
institution), if applicable.
The Licensee is hereby also requested to cite the following papers in
any document issued by the Centre that refers to the SIESTA package:
1. “Self-consistent order-N density-functional calculations for
very large systems”, P. Ordejón, E. Artacho and J. M. Soler,
Phys. Rev. B (Rapid Comm.) 53, R10441-10443 (1996).
2. “The SIESTA method for ab initio order-N materials simulation”
J. M. Soler, E. Artacho,J. D. Gale, A. García, J. Junquera,
P. Ordejón, and D. Sánchez-Portal, J. Phys.: Condens. Matt. 14,
2745-2779 (2002).
Other papers relevant to the SIESTA package and method can also be
cited as best scientific practice dictates. Licensees are recommended
to send reference to the Developers of any publication containing
results wholly or partially derived from the results of use of the
SIESTA package.
4. Support
The present Licence does not imply support services of any kind to the
Licensee by the Distributors, including, but not limited to,
installation, compilation and use of the software in the package.
5. All Other Rights
All other rights not explicitly mentioned in this document are
reserved. In particular, the Authors reserve all rights to resolve any
and all conflicts arising in the development and distribution policies
of the SIESTA package.
Additional Permissions For Submission to Apple App Store: Provided that you are otherwise in compliance with the GPLv3 for each covered work you convey (including without limitation making the Corresponding Source available in compliance with Section 6 of the GPLv3), Open Whisper Systems also grants you the additional permission to convey through the Apple App Store non-source executable versions of the Program as incorporated into each applicable covered work as Executable Versions only under the Mozilla Public License version 2.0 (https://www.mozilla.org/en-US/MPL/2.0/).
No part of this work may be reproduced, modified, distributed, transmitted,
transcribed, or translated into any language or computer format, in any form
or by any means without written permission of: Silicon Image, Inc., 1060
East Arques Avenue, Sunnyvale, California 94085
SIMPLE PUBLIC LICENSE VERSION 1.1 2003-01-21
Copyright (c) The Analysis and Solutions Company
http://www.analysisandsolutions.com/
1. Permission to use, copy, modify, and distribute this software and
its documentation, with or without modification, for any purpose and
without fee or royalty is hereby granted, provided that you include
the following on ALL copies of the software and documentation or
portions thereof, including modifications, that you make:
a. The full text of this license in a location viewable to users
of the redistributed or derivative work.
b. Notice of any changes or modifications to the files,
including the date changes were made.
2. The name, servicemarks and trademarks of the copyright holders
may NOT be used in advertising or publicity pertaining to the
software without specific, written prior permission.
3. Title to copyright in this software and any associated
documentation will at all times remain with copyright holders.
4. THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND
COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE
OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS,
COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
5. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL,
ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
Preamble
This Simple Public License 2.0 (SimPL 2.0 for short) is a plain language implementation of GPL 2.0. The words are different, but the goal is the same - to guarantee for all users the freedom to share and change software. If anyone wonders about the meaning of the SimPL, they should interpret it as consistent with GPL 2.0.
Simple Public License (SimPL) 2.0
The SimPL applies to the software's source and object code and comes with any rights that I have in it (other than trademarks). You agree to the SimPL by copying, distributing, or making a derivative work of the software.
You get the royalty free right to:
Use the software for any purpose;
Make derivative works of it (this is called a "Derived Work");
Copy and distribute it and any Derived Work.
If you distribute the software or a Derived Work, you must give back to the community by:
Prominently noting the date of any changes you make;
Leaving other people's copyright notices, warranty disclaimers, and license terms in place;
Providing the source code, build scripts, installation scripts, and interface definitions in a form that is easy to get and best to modify;
Licensing it to everyone under SimPL, or substantially similar terms (such as GPL 2.0), without adding further restrictions to the rights provided;
Conspicuously announcing that it is available under that license.
There are some things that you must shoulder:
You get NO WARRANTIES. None of any kind;
If the software damages you in any way, you may only recover direct damages up to the amount you paid for it (that is zero if you did not pay anything). You may not recover any other damages, including those called "consequential damages." (The state or country where you live may not allow you to limit your liability in this way, so this may not apply to you);
The SimPL continues perpetually, except that your license rights end automatically if:
You do not abide by the "give back to the community" terms (your licensees get to keep their rights if they abide);
Anyone prevents you from distributing the software under the terms of the SimPL.
License for the License
You may do anything that you want with the SimPL text; it's a license form to use in any way that you find helpful. To avoid confusion, however, if you change the terms in any way then you may not call your license the Simple Public License or the SimPL (but feel free to acknowledge that your license is "based on the Simple Public License").
Six Labors Split License
Version 1.0, June 2022
Copyright (c) Six Labors
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source
code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including
but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" (or "Works") shall mean any Six Labors software made available under the License, as indicated by a
copyright notice that is included in or attached to the work.
"Direct Package Dependency" shall mean any Work in Source or Object form that is installed directly by You.
"Transitive Package Dependency" shall mean any Work in Object form that is installed indirectly by a third party
dependency unrelated to Six Labors.
2. License
Works in Source or Object form are split licensed and may be licensed under the Apache License, Version 2.0 or a
Six Labors Commercial Use License.
Licenses are granted based upon You meeting the qualified criteria as stated. Once granted,
You must reference the granted license only in all documentation.
Works in Source or Object form are licensed to You under the Apache License, Version 2.0 if.
- You are consuming the Work in for use in software licensed under an Open Source or Source Available license.
- You are consuming the Work as a Transitive Package Dependency.
- You are consuming the Work as a Direct Package Dependency in the capacity of a For-profit company/individual with
less than 1M USD annual gross revenue.
- You are consuming the Work as a Direct Package Dependency in the capacity of a Non-profit organization
or Registered Charity.
For all other scenarios, Works in Source or Object form are licensed to You under the Six Labors Commercial License
which may be purchased by visiting https://sixlabors.com/pricing/.
****** SKIP - The System of Kanji Indexing by Patterns ******
***** Introduction *****
The System of Kanji Indexing by Patterns (SKIP) system for
ordering kanji was developed by Jack Halpern and used as the
main index for kanji in the New Japanese-English Character
Dictionary (Kenkyusha/NTC, 1990) and The Kodansha Kanji
Learner's Dictionary (Kodansha, 1999) and other dictionaries
published by Kanji Dictionary Publishing Society.
The SKIP codes for the kanji not in the NJECD were compiled by
Jack Halpern and Martin Duerst (the remaining kanji in JIS X
0208) and Jim Breen (the 5,801 kanji in JIS X 0212).
An overview of the SKIP system is available at this page.
***** Conditions Of Use *****
As of December 12, 2014, the SKIP coding system and all
established SKIP codes have been placed under a Creative
Commons_Attribution-ShareAlike_4.0_International. (The full
License Code is here.)
As stated in that license, you may copy and redistribute the
SKIP coding system in any medium or format for any purpose,
even commercially, as long as you give appropriate credit.
Appropriate credit must clearly attribute the system and codes
to Jack Halpern, with a link to the website of the Kanji
Dictionary Publishing Society at http://www.kanji.org/. Below
is an example of how such an attribution may look like:
The SKIP (System of Kanji Indexing by Patterns)
system for ordering kanji was developed by Jack
Halpern (Kanji Dictionary Publishing Society at http:
//www.kanji.org/), and is used with his permission.
To get the latest SKIP codes, please contact us at jack[at]cjki.org.
Everyone is permitted to do anything on this program including copying,
modifying, and improving, unless you try to pretend that you wrote it.
i.e., the above copyright notice has to appear in all copies.
THE AUTHOR DISCLAIMS ANY RESPONSIBILITY WITH REGARD TO THIS SOFTWARE.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. Redistributions in any form must be accompanied by information on
how to obtain complete source code for the DB software and any
accompanying software that uses the DB software. The source code
must either be included in the distribution or be available for no
more than the cost of distribution plus a nominal fee, and must be
freely redistributable under reasonable conditions. For an
executable file, complete source code means the source code for all
modules it contains. It does not include source code for modules or
files that typically accompany the major components of the operating
system on which the executable file runs.
THIS SOFTWARE IS PROVIDED BY ORACLE CORPORATION ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL ORACLE CORPORATION
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, provided that the above
copyright notice(s) and this permission notice appear in all copies of
the Software and that both the above copyright notice(s) and this
permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY
SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder
shall not be used in advertising or otherwise to promote the sale, use
or other dealings in this Software without prior written authorization
of the copyright holder.
Licensing terms for SLF4J
SLF4J source code and binaries are distributed under the MIT license.
Copyright (c) 2004-2008 QOS.ch All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE
OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
These terms are identical to those of the MIT License, also called the X License or
the X11 License, which is a simple, permissive non-copyleft free software license. It
is deemed compatible with virtually all types of licenses, commercial or otherwise.
In particular, the Free Software Foundation has declared it compatible with GNU GPL.
It is also known to be approved by the Apache Software Foundation as compatible with
Apache Software License.
# Slint Software License Agreement
Version 2.0
Copyright © 2023 SixtyFPS GmbH <https://slint.dev/imprint.html>
SixtyFPS GmbH with offices at Oranienburger Str. 44, 16540 Hohen Neuendorf,
Germany (**SixtyFPS**, **us**, **we** or **our**) grants a license to the
software (**Licensed Software**), as specified herein, subject to the Terms and
Conditions of this Slint Software License Agreement (**Agreement**).
By using the Licensed Software, **you** agree to be bound by this Agreement.
**If you do not agree, do not use the Licensed Software.** If you are accessing
and using the Licensed Software on behalf of a company (such as your employer)
or other legal entity, you represent and warrant that you have the authority to
bind that company or other legal entity to this Agreement. In that case, **you**
and **your** will refer to that company or other legal entity.
Each Party to this Agreement may be referred to herein individually as a
**Party** or collectively as the **Parties**.
## Licensed Software
The Licensed Software includes
1. Slint compiler tool to translate Slint Design Markup Language files to Rust
(last stable Rust version at the time of licensed Slint version) and C++
(second last C++ version at the time of licensed Slint version),
2. Slint run-time library that can render interactive user-interfaces and
provides Rust and C++ APIs (as per above versioning) to control the
interfaces,
3. API Documentation for Slint and reference documentation for Slint Design
Markup Language, and
4. Source code of Slint.
## Terms and Conditions
1. The Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Software is licensed, not sold.
2. The Licensed Software may provide links to third Party libraries or code
(collectively **Third-Party Libraries**) to implement various functions.
Third-Party Libraries do not comprise part of the Licensed Software. In some
cases, access to Third-Party Libraries may be included along with the
Licensed Software delivery as a convenience for development and testing
only. You acknowledge:
1. that some Third-Party Libraries may require additional licensing of
copyright and/or patents from the owners of such, and
2. that distribution of any of the Licensed Software referencing any portion
of a Third-Party Library may require appropriate licensing from such
third parties. All such Third-Party Libraries, along with applicable
copyright notices and licenses, will be listed and made available to
you.
3. As part of the license grant, a Slint Software License Certificate
(**License Certificate**) will be issued containing details of
1. the license grant,
2. the permitted scope of your use of the Licensed Software, and
3. your contact details.
4. In case of any changes or deviations to the information noted in the License
Certificate, you are obliged to notify us in writing, not later than 7 days
after any such change or deviation has occurred.
5. The Term of this Agreement shall begin on the date mentioned in the License
Certificate (**Effective Date**) and shall continue unless terminated
earlier as herein provided (**Term**).
6. New releases of the Licensed Software (**Updates**) will be made available
to you for the period (**Maintenance Period**) specified in the License
Certificate. Such Updates may be bound by additional license terms. You
consent to any such additional license terms, without which you may not
install, copy, or otherwise use such Updates.
7. The Licensed Software is to be used exclusively with your software
products (**Products**) specified in the License Certificate.
8. We grant you a perpetual, non-exclusive, non-transferable right to use the
Licensed Software, including making modifications, for the sole purposes of
designing, developing, and testing your Products during the Term. The number
of **Users** using the Licensed Software to design, develop, and test your
Products is limited to the amount of **User Seats** specified in the License
Certificate. For clarity, each unique User is counted as one User Seat.
9. We grant you a perpetual, non-exclusive, non-transferable right to reproduce
and distribute the object code form of the Licensed Software, including any
modifications made to the Licensed Software, during the Term. Such
distributions are permitted only with your Products and limited to the number
of **Distributions** specified in the License Certificate.
10. The license grants are conditional on the full and timely payment of all
applicable **Fees**; if said Fees are not paid in full and by their due
date, the license shall not be granted and your Products shall be deemed as
made in breach of the Agreement ex tunc.
11. The Fees and any other charges under this Agreement shall be paid by
you no later than thirty (30) days from the date of the applicable
invoice from us. A late payment charge of five percent per month over and
above the interest rate stipulated by applicable law shall be charged on any
unpaid balances that remain past due and which have not been disputed by you
in good faith.
12. The Fees and any other charges payable under this Agreement are gross
amounts but exclusive of any value added tax, use tax, sales tax,
withholding tax and other taxes, duties or tariffs levied directly for the
sale, delivery, or use of the Licensed Software pursuant to any applicable
law.
13. The Parties also agree to all the following conditions:
(a) You may not remove or alter any copyright, trademark, or other
proprietary rights notice contained in any portion of the Licensed
Software,
(b) Your Products may not compete with the Licensed Software,
(c) You will indemnify and hold us, our affiliated companies, and our
suppliers, harmless from and against any claims or liabilities
arising out of the use, reproduction, or distribution of your
Products, except as set out in clause 13.(d) immediately below,
(d) We shall indemnify and hold you harmless from and against any
claims from third parties alleging that the use of the Licensed Software
as set out in this Agreement infringes or will infringe such third
parties' intellectual property rights or other rights,
(e) A Party shall promptly notify the other Party if it receives a claim that
the other Party shall or may be obliged to indemnify. The Parties shall
promptly give each other information and other assistance needed for
handling the claim. The Indemnifying Party may, at its cost and in its
sole discretion, take control of the defense of such claim, including
the conduct of any litigation or arbitration and the negotiation of any
settlement, in which case the indemnifying Party shall not compromise or
settle or otherwise dispose of the claim, in whole or in part, where
such compromise or settlement or disposal would require any admission or
stipulation which would reasonably be expected to have an adverse effect
on the commercial reputation of the indemnified Party, without the prior
written consent of the indemnified Party. Where the indemnifying Party
has not taken control of the defense of the claim, the indemnified Party
shall not compromise or settle or fail adequately to defend or otherwise
dispose of a claim, in whole or in part, without the written consent of
the indemnifying Party, such consent not to be unreasonably withheld or
delayed.
14. The Licensed Software is licensed to you "as is". To the maximum extent
permitted by applicable law, we on behalf of us and our suppliers,
disclaim all warranties and conditions, either express or implied,
including, but not limited to, any implied warranties of merchantability or
fitness for a particular purpose, title, and non-infringement with regard to
the Licensed Software. The warranty disclaimer in the foregoing
notwithstanding, you may have specific legal rights which may vary from
state/jurisdiction to state/jurisdiction; as far as legally permissible, you
waive any such legal rights vis-à-vis us.
15. We shall not under any circumstances be liable to you based on failure of
the Licensed Software if the failure resulted from your changing of the
Licensed Software, from your accident, abuse or misapplication, nor shall
we except in case of gross negligence or willful misconduct be
liable for special damages, punitive or exemplary damages, damages for loss
of profits or interruption of business or for loss or corruption of data,
nor shall any award of damages exceed the total amount you paid to us in
connection with this Agreement.
16. Each Party shall hold Confidential Information of the other Party, its
customers, and licensors in confidence, and without written permission from
will not disclose to any person or use for its own benefit, any such
information. **Confidential Information** includes without limitation the
terms of this Agreement, computer software programs developed or licensed by
the Parties, including all documentation and methods or concepts utilized
therein, all adaptations and modifications thereto and derivative works
thereof, and related materials and information. Confidential Information
also includes any other information identified by either Party, its
licensors, or customers as proprietary or confidential, or which would
reasonably be understood under the circumstances to be confidential. All
Confidential Information shall remain the sole property of each respective
Party. Information will not be considered as Confidential Information if
1. available to the public other than by a breach of this Agreement;
2. rightfully received from a third Party not in breach of any obligation of
confidentiality;
3. independently developed by a Party without access to Confidential
Information of the other Party;
4. known to the other Party at the time of disclosure;
5. produced in compliance with applicable law or a court order, provided the
other Party is given notice and opportunity to intervene; or
6. it does not constitute a trade secret and more than five (5) years have
elapsed from the date of disclosure. In addition to any other rights or
remedies available, each Party shall be entitled to enforcement of such
obligations by court injunction.
17. During the Term, an independent, certified auditor on our behalf, may, upon
its reasonable request, with 30 (thirty) days written notice, and at its
sole expense, examine your books and records solely with respect to your use
of the Licensed Software. Any such audit shall be conducted during regular
business hours at your facilities and shall not unreasonably interfere with
your business activities. Our auditor shall not remove, copy, or
redistribute any electronic material during an audit. If an audit reveals that
you are using the Licensed Software in a way that is in material violation
of the terms of this Agreement, then you shall pay us reasonable costs of
conducting the audit. Our auditor shall only be allowed to report violations
of the terms of this Agreement, with a copy to you. You shall be provided
the right to provide comments to the report before it is finalized.
18. If you materially breach this Agreement, we will provide a 60 (sixty) days
written notice to you during which any such breach(es) may be cured, failing
which we will terminate the agreement.
19. You may terminate this Agreement at any time for any reason upon 30 (thirty)
days notice to us and upon payment of all applicable fees and contractual
penalties, if any, in connection with the use of the Licensed Software.
20. Both Parties shall comply with all applicable laws and regulations relating
to the Licensed Software in the countries in which the Parties use or modify
the Licensed Software.
21. All notices and communications between the Parties shall be in writing and
shall be deemed given when received. For avoidance of doubt, email is
considered a written form of communication.
22. This Agreement shall be construed, interpreted, and governed by the laws of
the Federal Republic of Germany.
23. No term or condition contained in your purchase order will apply unless
expressly accepted by us in writing.
24. You may assign this Agreement, in whole or in part (whether by operation of
law or otherwise), with prior consent from us, which shall not be
unreasonably withheld or delayed. We may assign this Agreement or any of its
rights hereunder or delegate any of its obligations hereunder with prior
notice to you. Any attempt to assign this Agreement other than in accordance
with this provision shall be null and void.
25. This Agreement constitutes the complete agreement between the Parties and
supersedes all prior or contemporaneous discussions, representations, and
proposals, written or oral, with respect to the subject matters discussed
herein. No modification of this Agreement will be effective unless contained
in a written document executed by an authorized representative of each
Party. If any provision of the Agreement is found void or unenforceable, the
remainder will remain valid and enforceable according to its terms. If any
remedy provided is determined to have failed for its essential purpose, all
limitations of liability and exclusions of damages set forth in this
Agreement shall remain in effect.
# Slint Royalty-free Desktop and Web Applications License, version 1.0.1
## Preamble
Slint is a toolkit that can be used to build user interfaces for applications. Slint (hereafter referred to as "Software") is made available under different licenses by SixtyFPS GmbH incorporated at Oranienburger Str. 44, 16540 Hohen Neuendorf, Germany ("SixtyFPS"). The "Slint Royalty-free Desktop and Web Applications License" is suitable for those who develop desktop or web applications and do not want to use open source components under copyleft licenses.
### 1. Grant of Rights
SixtyFPS hereby grants You a world-wide, royalty-free, non-exclusive license to use, reproduce, make available, modify, display, perform, distribute the Software as part of a Desktop or Web Application.
A Desktop Application is a computer program that is designed to run on a general-purpose computer (PC or notebook), typically installed and executed locally on the computer's operating system. A Web Application is a computer program that is running on a server and accessed using a web browser or client program.
Desktop Application and Web Application are hereafter referred to as "Application".
### 2. Limitations
The license does not permit to distribute or make the Software publicly available alone and without integration into an Application. For this purpose you may use the Software under the GNU General Public License, version 3.
The license does not permit the use of the Software within Embedded Systems. An Embedded System is a computer system designed to perform a specific task within a larger mechanical or electrical system. For the purposes of this license, mobile phones are not considered to be Embedded Systems.
### 3. License Conditions - Attribution
You may distribute the Software as part of an Application, modified or unmodified, provided that You do all of the following:
(a) Display the [`AboutSlint`](https://slint.dev/snapshots/master/docs/slint/src/builtins/widgets.html#aboutslint) widget in an "About" screen or dialog that is accessible from the top level menu of the Application.
(b) Display the [Slint attribution badge](https://github.com/slint-ui/slint/tree/master/logo/madewithslint) on a public webpage, preferably where the binaries of your Application can be downloaded from, in such a way that it can be easily found by any visitor to that page.
(c) You may not remove or alter any license notices (including copyright notices, disclaimers of warranty, or limitations of liability) contained within the source code form of the Software.
### 4. Warranty and Liability
SixtyFPS is only liable for conflicting rights of third parties if SixtyFPS was aware of these rights without informing you. Unless required by applicable law or agreed to in writing, SixtyFPS provides the SOFTWARE on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
UNLESS REQUIRED BY LAW, SIXTYFPS WON'T BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE.
END USER LICENSE AGREEMENT
for: All Software Products of SlySoft inc. IMPORTANT READ CAREFULLY and PRINT FOR YOUR REFERENCE: This End-User License Agreement ('EULA') is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as 'You') and SlySoft. It includes any associated media, printed materials and electronic documentation (the 'Software'). The Software also includes any software updates, add-on components, web services and/or supplements that SlySoft may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software. For purposes of this EULA, the term 'Licensor' refers to SlySoft except in the event that You acquired the Software as a component of a SlySoft software product originally licensed from the manufacturer of your computer system or computer system component, then 'Licensor' or refers to such hardware manufacturer. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR AnyDVD, CloneDVD, or CloneCD, etc. (A 'SOFTWARE PRODUCT'), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE EXCEPT AS NECESSARY FOR YOUR 21 DAYS TRIAL PERIOD.
SOFTWARE LICENSE
The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.
This EULA grants you the following rights:
Systems Software - . You may install and use one copy of the SOFTWARE PRODUCT on a single computer or if you licensed it for multiple computers on as many computers as you legally obtained a license for, including a workstation, terminal or other digital electronic device ('COMPUTER').
Storage/Network Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the SOFTWARE PRODUCT is installed, used, accessed, displayed or run. A license for the SOFTWARE PRODUCT may only be shared or used concurrently on as many different COMPUTERS as the license is valid for.
Restrictions:
You may not sell, license or distribute copies of the Software on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Software.
You may not use or distribute any of the Software that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
You must indemnify, hold harmless, and defend SlySoft and Universal Gaming Concepts Billing and Customer Service Inc. from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Software as modified by You.
SlySoft respects the rights of artists and film companies, and the proper use of the software does not violate those rights. You cannot copy DVDs in order to sell or give away copies, or for any commercial purpose.
SlySoft discourages any attempt to copy rented DVDs. It is illegal to make a copy of a DVD for most purposes other than your own personal use. SlySoft respects the rights of artists and film companies, and asks that You do the same.
Using the SOFTWARE will create backup copies of DVDs. The copy will be an archival backup copy of a DVD, created solely for the private and personal use of the owner of the DVD from which it was made. Federal copyright laws prohibit the unauthorized reproduction, distribution, or exhibition of copyrighted materials, if any, contained in the archival backup copy. The resale, reproduction, distribution, or commercial exploitation of the archival backup copy is strictly forbidden. We ask you to respect the rights of copyright holders.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software.
Support Services. Licensor may provide You with support services related to the Software ('Support Services'). Use of Support Services is governed by the policies and programs described in the user manual, in 'online' documentation, or in other materials from the support services provider. Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development. For Software licensed from the hardware manufacturer, please refer to the manufacturer's support number and address provided in Your hardware documentation.
Termination. Without prejudice to any other rights, Licensor or its suppliers may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software and all of its component parts.
UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by SlySoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
BACKUP COPY After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by SlySoft solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
AUTOMATIC COMMUNICATIONS FEATURES. The SOFTWARE PRODUCT consists of interactive Internet applications that perform a variety of communications over the Internet as part of its normal operation. A number of communications features are automatic and are enabled by default. By installing and/or using the SOFTWARE PRODUCT, you consent to the SOFTWARE PRODUCTS communications features. Once you have activated the SOFTWARE PRODUCT, user information including your user id will be sent in communications with SlySoft's servers. This information is used to perform a background check against SlySoft's license servers. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software.
INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and 'applets' incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.
LIMITED WARRANTY
NOTE: IF YOU LICENSED THE SOFTWARE FROM A HARDWARE MANUFACTURER AS A COMPONENT OF A SlySoft SOFTWARE PRODUCT, PLEASE REFER TO THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISION APPENDICES PROVIDED WITH OR IN SUCH OTHER SlySoft SOFTWARE PRODUCT. SUCH LIMITED WARRANTIES, LIMITATIONS OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA AND SHALL SUPERSEDE ALL OF THE WARRANTIES, LIMITATIONS OF LIABILITY AND OTHER SPECIAL PROVISIONS SET FORTH BELOW.
FOR SOFTWARE LICENSED DIRECTLY FROM SlySoft THE FOLLOWING SECTIONS APPLY: LIMITED WARRANTY FOR SOFTWARE. SlySoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your country, state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES: NO CONSEQUENTIAL OR OTHER DAMAGES - Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by SlySoft YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet SlySoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the section below ('Exclusion of Incidental, Consequential and Certain Other Damages') are also incorporated into this Limited Warranty. Some countries, states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. SlySoft and its suppliers' entire liability and your exclusive remedy shall be, at SlySoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to SlySoft with a copy of your receipt. You will receive the remedy elected by SlySoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to SlySoft. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by SlySoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: SlySoft Dickenson Bay Street, John Henry Building, 3rd floor. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, SlySoft and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE Software. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SlySoft OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANY SUPPLIER, AND EVEN IF SlySoft OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and SlySoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any SlySoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
SlySoft, Inc.
P.O. Box W874
St. John's
Antigua and Barbuda
SMAIL GENERAL PUBLIC LICENSE
(Clarified 11 Feb 1988)
Copyright (C) 1988 Landon Curt Noll & Ronald S. Karr
Copyright (C) 1992 Ronald S. Karr
Copyleft (GNU) 1988 Landon Curt Noll & Ronald S. Karr
Everyone is permitted to copy and distribute verbatim copies
of this license, but changing it is not allowed. You can also
use this wording to make the terms for other programs.
The license agreements of most software companies keep you at the
mercy of those companies. By contrast, our general public license is
intended to give everyone the right to share SMAIL. To make sure that
you get the rights we want you to have, we need to make restrictions
that forbid anyone to deny you these rights or to ask you to surrender
the rights. Hence this license agreement.
Specifically, we want to make sure that you have the right to give
away copies of SMAIL, that you receive source code or else can get it
if you want it, that you can change SMAIL or use pieces of it in new
free programs, and that you know you can do these things.
To make sure that everyone has such rights, we have to forbid you to
deprive anyone else of these rights. For example, if you distribute
copies of SMAIL, you must give the recipients all the rights that you
have. You must make sure that they, too, receive or can get the
source code. And you must tell them their rights.
Also, for our own protection, we must make certain that everyone
finds out that there is no warranty for SMAIL. If SMAIL is modified by
someone else and passed on, we want its recipients to know that what
they have is not what we distributed, so that any problems introduced
by others will not reflect on our reputation.
Therefore we (Landon Curt Noll and Ronald S. Karr) make the following
terms which say what you must do to be allowed to distribute or change
SMAIL.
COPYING POLICIES
1. You may copy and distribute verbatim copies of SMAIL source code
as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy a valid copyright notice "Copyright
(C) 1988 Landon Curt Noll & Ronald S. Karr" (or with whatever year is
appropriate); keep intact the notices on all files that refer to this
License Agreement and to the absence of any warranty; and give any
other recipients of the SMAIL program a copy of this License
Agreement along with the program. You may charge a distribution fee
for the physical act of transferring a copy.
2. You may modify your copy or copies of SMAIL or any portion of it,
and copy and distribute such modifications under the terms of
Paragraph 1 above, provided that you also do the following:
a) cause the modified files to carry prominent notices stating
that you changed the files and the date of any change; and
b) cause the whole of any work that you distribute or publish,
that in whole or in part contains or is a derivative of SMAIL or
any part thereof, to be licensed at no charge to all third
parties on terms identical to those contained in this License
Agreement (except that you may choose to grant more extensive
warranty protection to some or all third parties, at your option).
c) You may charge a distribution fee for the physical act of
transferring a copy, and you may at your option offer warranty
protection in exchange for a fee.
Mere aggregation of another unrelated program with this program (or its
derivative) on a volume of a storage or distribution medium does not bring
the other program under the scope of these terms.
3. You may copy and distribute SMAIL (or a portion or derivative of it,
under Paragraph 2) in object code or executable form under the terms of
Paragraphs 1 and 2 above provided that you also do one of the following:
a) accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of
Paragraphs 1 and 2 above; or,
b) accompany it with a written offer, valid for at least three
years, to give any third party free (except for a nominal
shipping charge) a complete machine-readable copy of the
corresponding source code, to be distributed under the terms of
Paragraphs 1 and 2 above; or,
c) accompany it with the information you received as to where the
corresponding source code may be obtained. (This alternative is
allowed only for non-commercial distribution and only if you
received the program in object code or executable form alone.)
For an executable file, complete source code means all the source code for
all modules it contains; but, as a special exception, it need not include
source code for modules which are standard libraries that accompany the
operating system on which the executable file runs.
4. You may not copy, sublicense, distribute or transfer SMAIL
except as expressly provided under this License Agreement. Any attempt
otherwise to copy, sublicense, distribute or transfer SMAIL is void and
your rights to use the program under this License agreement shall be
automatically terminated. However, parties who have received computer
software programs from you with this License Agreement will not have
their licenses terminated so long as such parties remain in full compliance.
5. If you wish to incorporate parts of SMAIL into other free
programs whose distribution conditions are different, write to Landon
Curt Noll & Ronald S. Karr via the Free Software Foundation at 51
Franklin St, Fifth Floor, Boston, MA 02110-1301, USA. We have not yet
worked out a simple rule that can be stated here, but we will often
permit this. We will be guided by the two goals of preserving the
free status of all derivatives of our free software and of promoting
the sharing and reuse of software.
Your comments and suggestions about our licensing policies and our
software are welcome! This contract was based on the contract made by
the Free Software Foundation. Please contact the Free Software
Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301,
USA, or call (617) 542-5942 for details on copylefted material in
general.
NO WARRANTY
BECAUSE SMAIL IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY NO
WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING, LANDON CURT NOLL & RONALD S. KARR AND/OR
OTHER PARTIES PROVIDE SMAIL "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SMAIL IS WITH
YOU. SHOULD SMAIL PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL LANDON CURT NOLL &
RONALD S. KARR AND/OR ANY OTHER PARTY WHO MAY MODIFY AND REDISTRIBUTE
SMAIL AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
LOST PROFITS, LOST MONIES, OR OTHER SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS) SMAIL, EVEN IF YOU HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY.
Freeware Licence Agreement
This licence agreement only applies to the free version of this software.
Terms and Conditions
BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, DISTRIBUTING OR COPYING THIS SOFTWARE ("THE SOFTWARE"), YOU AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENCE AND DISCLAIMER OF WARRANTY) WITH SmartLabs LLC (with the business address at 72, Oktyabrskata str., 127521 Moscow, Russia) THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENCE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY THE SOFTWARE.
THIS DOCUMENT CONSTITUES A LICENCE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW.
The Software is licensed to you without charge for use only upon the terms of this licence, and SmartLabs LLC reserves all rights not expressly granted to you. SmartLabs LLC retains ownership of all copies of the Software.
1. Licence
You may use the Software without charge.
You may distribute exact copies of the Software to anyone.
2. Restrictions
SmartLabs LLC reserves the right to revoke the above distribution right at any time, for any or no reason.
YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, REQUEST DONATIONS OR CREATE DERIVATE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
The Software contains trade secrets and to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a humanly perceivable form. You agree not to divulge, directly or indirectly, until such trade secrets cease to be confidential, for any reason not your own fault.
3. Termination
This licence is effective until terminated. The Licence will terminate automatically without notice from SmartLabs LLC if you fail to comply with any provision of this Licence. Upon termination you must destroy the Software and all copies thereof. You may terminate this Licence at any time by destroying the Software and all copies thereof. Upon termination of this licence for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights SmartLabs LLC may have as a result of this agreement.
4. Disclaimer of Warranty, Limitation of Remedies
TO THE FULL EXTENT PERMITTED BY LAW, SmartLabs LLC HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. THE SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SmartLabs LLC DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU. SmartLabs LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SmartLabs LLC, IT'S DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IMPORTANT NOTE: Nothing in this Agreement is intended or shall be construed as excluding or modifying any statutory rights, warranties or conditions which by virtue of any national or state Fair Trading, Trade Practices or other such consumer legislation may not be modified or excluded. If permitted by such legislation, however, SmartLabs LLC' liability for any breach of any such warranty or condition shall be and is hereby limited to the supply of the Software licensed hereunder again as SmartLabs LLC at its sole discretion may determine to be necessary to correct the said breach.
IN NO EVENT SHALL SmartLabs LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF SmartLabs LLC OR ANY SmartLabs LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES SmartLabs LLC AUTHORISE YOU TO USE THE SOFTWARE IN SITUATIONS WHERE FAILURE OF THE SOFTWARE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD SmartLabs LLC HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORISED USE.
5. General
All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by SmartLabs LLC.
This agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and/or understandings (oral or written). Failure or delay by SmartLabs LLC in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in force and effect.
Secure Messaging Protocol (SMP) Libraries [ACL, CML, SFL]
Distribution Rights
All source code for the SMP is being provided at no cost and with no financial limitations regarding its use and distribution. Organizations can use the SMP without paying any royalties or licensing fees. The SMP was originally developed by the U.S. Government. BAE Systems is enhancing and supporting the SMP under contract to the U.S. Government. The U.S. Government is furnishing the SMP software at no cost to the vendor subject to the conditions of the SMP Public License provided with the SMP software.
29 May 2002
Secure Messaging Protocol (SMP) Public License
The United States Government/Department of Defense/National Security Agency/Office of Network Security (collectively "the U.S. Government") hereby grants permission to any person obtaining a copy of the SMP source and object files (the "SMP Software") and associated documentation files (the "SMP Documentation"), or any portions thereof, to do the following, subject to the following license conditions:
You may, free of charge and without additional permission from the U.S. Government, use, copy, modify, sublicense and otherwise distribute the SMP Software or components of the SMP Software, with or without modifications developed by you and/or by others.
You may, free of charge and without additional permission from the U.S. Government, distribute copies of the SMP Documentation, with or without modifications developed by you and/or by others, at no charge or at a charge that covers the cost of reproducing such copies, provided that this SMP Public License is retained.
Furthermore, if you distribute the SMP Software or parts of the SMP Software, with or without modifications developed by you and/or others, then you must either make available the source code to all portions of the SMP Software (exclusive of any modifications made by you and/or by others) upon request, or instead you may notify anyone requesting the SMP Software source code that it is freely available from the U.S. Government.
Transmission of this SMP Public License must accompany whatever portions of the SMP Software you redistribute.
The SMP Software is provided without warranty or guarantee of any nature, express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The U.S. Government cannot be held liable for any damages either directly or indirectly caused by the use of the SMP Software.
It is not permitted to copy, sublicense, distribute or transfer any of the SMP Software except as expressly indicated herein. Any attempts to do otherwise will be considered a violation of this License and your rights to the SMP Software will be voided.
The SMP uses the Enhanced SNACC (eSNACC) Abstract Syntax Notation One (ASN.1) C++ Library to ASN.1 encode and decode security-related data objects. The eSNACC ASN.1 C++ Library is covered by the ENHANCED SNACC SOFTWARE PUBLIC LICENSE. None of the GNU public licenses apply to the eSNACC ASN.1 C++ Library. The eSNACC Compiler is not distributed as part of the SMP.
Copyright © 1997-2002 National Security Agency
Copyright 2012 SMSC
THIS SOFTWARE PROVIDED BY STANDARD MICROSYSTEMS CORPORATION`("SMSC")IS SAMPLE
CODE INTENDED FOR EVALUATION PURPOSES ONLY. IT IS NOT INTENDED FOR COMMERCIAL
USE. THIS SOFTWARE IS PROVIDED BY SMSC "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY AND
SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL SMSC BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Design Exception 1.0: You and your sub-licensees are hereby licensed to design, manufacture, use and distribute, circuit board designs and circuit boards formed by combining Design Files provided by SnapEDA with other circuit elements of your choosing. You may then convey such combinations under terms of your choice, and are not required to attribute SnapEDA as the source, even if such actions would otherwise violate the terms of the Creative Commons License. For clarity, any files shared publicly containing Design Files are still subject to the Site License restriction of 5.1.(g)
STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1
1. Definitions.
1.1 "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.2 "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.3 "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.4 "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.5 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.6 "Executable" means Covered Code in any form other than Source Code.
1.7 "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.8 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.9 "License" means this document.
1.10 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.11 "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.12 "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.13 "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.14 "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.15 "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity
2. Source Code License.
2.1 The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2 Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2 Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3 Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters.
(a) Third Party Claims. If Contributor has actual knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter.
(b) Contributor API's. If Contributor's Modifications include an application programming interface and Contributor has actual knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5 Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be most likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability (excluding any liability arising from intellectual property claims relating to the Covered Code) incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6 Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligation of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability (excluding any liability arising from intellectual property claims relating to the Covered Code) incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7 Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions. The Storage Networking Industry Association (the "SNIA") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by the SNIA. No one other than the SNIA has the right to modify the terms applicable to Covered Code created under this License.
6.3 Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Storage Networking Industry Association," "SNIA," or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the SNIA Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within a reasonable time after becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: o (a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
8.3 If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of this License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
14. ACCEPTANCE. This License is accepted by You if You retain, use, or distribute the Covered Code for any purpose.
EXHIBIT A The SNIA Public License.
The contents of this file are subject to the SNIA Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
www.snia.org/smi/developers/cim/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is [COMPLETE THIS] .
Contributor(s): .
Read more about this license at http://www.snia.org/smi/developers/open_source/
SNMP4J-SMI LICENSE AGREEMENT
============================
THIS LICENSE AGREEMENT (this "Agreement") is made effective as of the date the
product is installed by and between (i) Frank Fock, the author of SNMP4J-SMI
("LICENSOR") and the party executing this Agreement as Licensee ("LICENSEE").
1. DEFINITIONS.
1.1 The term "Software Product" means Frank Fock's SNMP4J-SMI computer
software (including Source Code, derived Object Code, and derived Executable
Code as defined in Section 1.3, 1.4, and 1.5) and documentation thereof, as
specified in Exhibit A, that is provided by LICENSOR to LICENSEE hereunder,
including bug fixes and updates thereto provided by LICENSOR to LICENSEE in
connection with this Agreement. The term "derived" in the above context refers
to the process of creating machine executable code from the original Source
Code only. It does not refer to amendment or alteration of the original
Source Code by LICENSOR or any third party.
1.2 The term "Intellectual Property Rights" means patent rights, copyright
rights, trade secret rights, and any other intellectual property rights.
1.3 The term "Executable Code" is a fully compiled and linked program that
contains any code derived from the Software Product. It can no longer be altered
or combined with any other code. Executable code is ready to be executed by a
computer and is essentially a complete software image for use in a specific
product.
1.4 The term "Object Code" is the compiled version of the Software Product that
can be linked and therefore combined with other code to create Executable Code
as specified in Exhibit A. Examples of Object Code are libraries and software
development kits, in particular SNMP development kits.
1.5 The term "Source Code" is the human readable form of the Software Product,
as specified in Exhibit A.
1.6 Documentation means the documentation regarding the Licensed Software
provided by LICENSOR to LICENSEE hereunder.
2. GRANT OF LICENSE.
2.1 Source and Object Code User License. Subject to the terms and conditions of
this Agreement, and upon payment by LICENSEE to LICENSOR of the one-time license
fee set forth in Addendum A, LICENSOR grants LICENSEE a perpetual (subject to
termination rights in Section 6), non-exclusive, non-transferable license to
reproduce, and use the Object Code for LICENSEE's personal use only.
2.2 Except as specified in 2.1, neither the Software Product Source Code nor
Object Code derived from the Software Product may be redistributed or resold.
Executable Code programs derived from the Software Product may be redistributed
and resold without limitation and without royalty, provided that LICENSEE
added significant functionality to those derived Excecutable Code programs.
Functionality in this context refers to the program's behavior, not appearance.
2.3 No Sublicense Right. LICENSEE has no right to transfer, or sublicense
the Licensed Software to any third party, except as specified in 2.2 and
except if the third party takes over the business of LICENSEE.
2.4 Other Restrictions in License Grants. LICENSEE may not: (i) copy the
Licensed Software, except as necessary to use the Licensed Software in
accordance with the license granted under Section 2.1 and 2.2, and
except for a reasonable number of backup copies. (ii) LICENSEE acknowledges that
Licensed Software is not designed or intended for use in the design,
construction, operation or maintenance of any nuclear facility.
2.5 No Trademark License. LICENSEE has no right or license to use any trademark
of LICENSOR during or after the term of this Agreement.
2.6 Proprietary Notices. The Licensed Software is copyrighted. All proprietary
notices incorporated in, marked on, or affixed to the Licensed Software by
LICENSOR shall be duplicated by LICENSEE on all copies, in whole or in part, in
any form of the Licensed Software and not be altered, removed, or obliterated on
such copies.
2.7 Reservation. LICENSOR reserve all rights and licenses to the Licensed
Software not expressly granted to LICENSEE under this Agreement.
2.8 Delivery. Upon execution of this Agreement, and payment of the amounts due
and owing under this Agreement, LICENSOR will provide LICENSEE with one (1) copy
of the Software Product by downloading from LICENSOR's Web site.
3. WARRANTY.
3.1. LICENSOR warrants to LICENSEE that for a period of one year from the date
of purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is
provided "AS IS". LICENSEE exclusive remedy and LICENSOR's entire liability
under this limited warranty will be at LICENSOR's option to replace Software
media or refund the fee paid for Software. Any implied warranties on the
Software are limited to one year after receipt of the software according to
§434 ff Buergerliches Gesetzbuch (BGB).
3.2. In no event shall LICENSOR be liable to LICENSEE, in excess of the
price paid to LICENSOR by LICENSEE for the Software Product hereunder, for any
breach of warranty or any claim, loss or damage arising from or relating to the
installation, use or performance of the Software Product (including, without
limitation, any indirect, special, incidental or consequential damages).
3.3 The above section (3.2) does not apply for liability for damages caused by
gross negligence or wilful default as well as for liability for personal
injury including threats to life or physical condition.
3.4. LICENSOR reserves the right at any time to make changes to the Software
Product.
3.5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON
-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE
HELD TO BE LEGALLY INVALID.
3.6 In no event will LICENSOR be liable for any third-party products used with,
or installed in, the Software Product. LICENSOR does not warrant the
compatibility of the Software Product with any third-party products, whether
hardware or software.
3.7 General Provision. This warranty shall not apply in any case of amendment or
alterations of the Software Product made by LICENSEE.
4. INTELLECTUAL AND PROPERTY INDEMNIFICATION.
4.1. LICENSOR agrees to indemnify and hold LICENSEE harmless from any final
award of costs and damages against LICENSEE for any action based on infringement
of any German intellectual property rights as a result of the use of the
Licensed Software: (i) under the terms and conditions specified herein; (ii)
under normal use; and (iii) not in combination with other items; provided
that LICENSOR is promptly notified in writing of any such suit or claim
against LICENSEE and further provided that LICENSEE permits LICENSOR to
defend, compromise or settle the same and gives LICENSOR all available
information, reasonable assistance and authority to enable LICENSOR to do
so. LICENSOR'S LIABILITY TO LICENSEE PURSUANT TO THIS ARTICLE IS LIMITED TO THE
TOTAL FEES PAID BY LICENSEE TO LICENSOR IN THE CALENDAR YEAR IN WHICH ANY FINAL
AWARD OF COSTS AND DAMAGES IS DUE AND OWING.
5. TRADE SECRETS AND PROPRIETARY INFORMATION.
5.1. LICENSEE acknowledges that LICENSOR is the owner of the Software Product,
that the Software Product is confidential in nature and not in the public
domain, that LICENSOR claims all intellectual and industrial property rights
granted by law therein and that, except as set forth herein, LICENSOR does not
hereby grant any rights or ownership of the Software Product to LICENSEE or
any third party. Except as set forth herein, LICENSEE agrees not to copy or
otherwise reproduce the Software Product, in whole or in part, without
LICENSOR's prior written consent. LICENSEE further agrees to take all
reasonable steps to ensure that no unauthorized persons shall have access to the
Software Product and that all authorized persons having access to the Software
Product shall refrain from any such disclosure, duplication or
reproduction except to the extent reasonably required in the performance of
LICENSEE'S rights under this Agreement.
5.2. LICENSEE agrees to accord the Software Product and the Documentation and
all other confidential information relating to this Agreement the same degree
and methods of protection as LICENSEE undertakes with respect to its
confidential information, trade secrets and other proprietary data.
5.3. LICENSEE agrees not to challenge, directly or indirectly, the right, title
and interest of LICENSOR in and to the Software Product, nor the
validity or enforceability of LICENSOR's rights under applicable law. LICENSEE
agrees not to directly or indirectly, register, apply for registration or
attempt to acquire any legal protection for the Software Product or any
proprietary rights therein or to take any other action which may adversely
affect LICENSOR's right, title or interest in or to the Software Product in any
jurisdiction.
5.4. LICENSEE acknowledges that, in the event of a material breach by LICENSEE
of its obligations under this Article 5, LICENSOR may immediately
terminate this Agreement, without liability to LICENSEE and may bring an
appropriate legal action to enjoin any such breach hereof, and shall be
entitled to recover from LICENSEE reasonable legal fees and costs in
addition to other appropriate relief.
5.5. LICENSEE agrees to notify LICENSOR immediately and in writing of all
circumstances surrounding the unauthorized possession or use of the Software
Product and Documentation by any person or entity. LICENSEE agrees to cooperate
fully with LICENSOR in any litigation relating to or arising from such
unauthorized possession or use.
6. TERMINATION.
6.1. LICENSOR may terminate this Agreement at any time after the occurrence of
any of the following events if LICENSOR provides 30 days notice of its intention
to terminate as a result of the occurrence and LICENSEE fails to cure such
occurrence within such 30 days:
(a) LICENSEE is declared or acknowledges that it is insolvent or otherwise
unable to pay its debts as they become due or upon the filing of any proceeding
(whether voluntary or involuntary) for bankruptcy, insolvency or relief from
creditors of LICENSEE;
(b) LICENSEE assigns or transfers this Agreement or any of its rights to
obligations hereunder, without LICENSOR's prior written consent; or
(c) LICENSEE violates any material provision of this Agreement, including
without limitation, the payment obligations set forth in Addendum A.
6.2. LICENSEE may terminate this Agreement at any time after the occurrence of
any of the following events if LICENSEE provides 30 days notice of its intention
to terminate as a result of the occurrence and LICENSOR fails to cure such
occurrence within such 30 days:
(a) LICENSOR is declared or acknowledges that it is insolvent or otherwise
unable to pay its debts as they become due or upon the filing of any
proceeding (whether voluntary or involuntary) for bankruptcy, insolvency or
relief from creditors or LICENSOR; or
(b) LICENSOR violates any material provision of this Agreement.
6.3. Upon the termination of this Agreement for any reason, LICENSEE will
discontinue all use of the Software Product and, within ten (10) days after
termination, will destroy or delete all copies of the Software Product then
in its possession, including but not limited to, any back-up or archival copies
of the Software Product and Documentation. At LICENSOR's request, LICENSEE
will verify in writing to LICENSOR that such actions have been taken.
6.4. No termination of this Agreement for any reason whatsoever shall in any way
affect the continuing obligations of the parties under Articles 5 hereof.
7. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed
pursuant to, the laws of Germany, without reference to conflicts of laws
principles. All controversies and disputes arising out of or relating to this
Agreement shall be submitted to the exclusive jurisdiction of Esslingen am
Neckar, Germany, as long as LICENSEE is deemed to be a merchant (as defined by
Handelsgesetzbuch, §1-7). The United Nations Convention on Contracts
for the International Sale of Goods is specifically disclaimed.
8. GENERAL PROVISIONS.
8.1. This Agreement does not create any relationship of association,
partnership, joint venture or agency between the parties.
8.2. This Agreement (including the Exhibit and Addendum attached to the
Agreement) sets forth the entire agreement and understandings between the
parties hereto with respect to the subject matter hereof. This Agreement
merges all previous discussions and negotiations between the parties and
supersedes and replaces any and every other agreement, which may have existed
between LICENSOR and LICENSEE with respect to the contents hereof.
8.3. Except to the extent and in the manner specified in this Agreement, any
modification or amendment of any provision of this Agreement must be in writing
and bear the signature of the duly authorized representative of each party.
8.4. The failure of either party to exercise any right granted herein, or to
require the performance by the other party hereto of any provision if this
Agreement, or the waiver by either party of any breach of this Agreement, shall
not prevent a subsequent exercise or enforcement of such provisions or be deemed
a waiver of any subsequent breach of the same or any other provision of this
Agreement.
8.5. Except in the case of merger, acquisition or the sale of substantial assets
or equity of Licensee or assignment to any direct or indirect subsidiary or
affiliate of LICENSEE, LICENSEE shall not sell, assign or transfer any of its
rights, duties or obligations hereunder without the prior written consent of
LICENSOR. LICENSOR reserves the right to assign or transfer this Agreement or
any of its rights, duties and obligations hereunder, to any direct or
indirect subsidiary or affiliate of LICENSOR.
8.6. All notices required by this Agreement must be sent by certified mail in
order to be deemed effective when sent to the following:
FOR LICENSOR:
Frank Fock
Maximilian-Kolbe-Str. 10
73257 Koengen, Germany
EXHIBIT A
Licensed Software
SNMP4J-SMI v1.x
a. Object Code (Application Programmers Interface) and sample Source Code
(Java SE 6 or later).
ADDENDUM A
In order to obtain a license to use SNMP4J-SMI under this license agreement,
LICENSEE has to purchase a commercial license from LICENSOR. The actual pricing
list and other related information can be found at http://www.agentpp.com or
http://www.snmp4j.org.
For evaluation purposes and open source use, a fee free license is granted which
restricts the usage of MIB specification with the Software Product to standard
MIB modules which are not registered under the enterprise OID (1.3.6.1.4).
SNORT SUBSCRIBER RULES LICENSE AGREEMENT (v. 3.1)
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY.
THIS SNORT SUBSCRIBER RULES LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND CISCO SYSTEMS, INC. OR ONE OF ITS DESIGNATED SUBSIDIARIES LICENSING THE RULES TO YOU HEREUNDER INSTEAD OF CISCO SYSTEMS, INC. “CISCO”). THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE RULES ARE SET FORTH IN THIS SNORT SUBSCRIBER RULES LICENSE AGREEMENT (“AGREEMENT”).
BY DOWNLOADING, INSTALLING OR USING ANY OF THE RULES, YOU ARE BINDING YOURSELF IF YOU ARE ACTING IN YOUR PERSONAL CAPACITY OR THE BUSINESS ENTITY THAT YOU REPRESENT (AS APPLICABLE, “YOU”) TO THIS AGREEMENT AND AGREEING THAT THIS AGREEMENT WITH CISCO IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE RULES TO YOU, IN WHICH CASE YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY OF THE RULES.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE RULES. BY SELECTING “I ACCEPT,” “OK,” “CONTINUE,” “YES,” “NEXT” OR BY INSTALLING OR USING THE RULES IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Definitions
1.1 “Commercial Purpose” means the direct or indirect use, reproduction or distribution of any Rule, Modification or Compilation, in whole or in part, that is intended to result in financial gain, economic benefit or other form of consideration to any person or entity involved in such use, reproduction or distribution. Examples of a Commercial Purpose include but are not limited to: (a) integrating the Rules with other software or hardware for sale as a bundled product; (b) licensing, distributing or selling the Rules for a fee; or (c) using the Rules to provide a fee-based service or subscription.
1.2. “Community Rules” means specifically formulated network traffic characteristics and instructions in text form, source code form or object code form (including the structure, sequence, organization and syntax of such network traffic characteristics), and all documentation related thereto, that: (a) are owned by Cisco and designated with SIDs of 3,464 and below; or (b) have been developed by a third party and approved by Cisco Talos (Cisco’s vulnerability research team or successor group within Cisco).
1.3 “Compilation” means a work that combines the Rules or any Modification or portions thereof with any services, programs, code or other products not governed by the terms of this Agreement.
1.4. “Improvements” means a Modification to a Rule (or to a Modified Rule) that corrects a bug, defect, or error in such Rule without affecting the overall functionality of such Rule.
1.5. “Limited Ruleset” means those Rules that have been expressly designated by Cisco Talos as “Limited Ruleset”, and are tagged or otherwise identified as “ruleset limited” in the ruleset.
1.6. “Modifications”or “Modified” means any alteration, addition to or deletion from the substance or structure of the Rules (or to a Modified Rule) including, without limitation: (a) an Improvement; (b) any change to the contents of a file containing a Rule or a Modification; (c) any derivative of the Rule or of any Modified Rule; or (d) any new file that contains any part of the Rule or Modified Rule.
1.7. “Registered User” means an individual or entity who has registered on www.snort.org to use the Rules and who is not required to pay a license fee for such use.
1.8. “Rules” means specifically formulated network traffic characteristics and instructions in text form, source code form or object code form (including the structure, sequence, organization and syntax of such network traffic characteristics), and all documentation related thereto, that: (a) have been created, developed, tested and officially approved by Cisco Talos; and (b) are designated with SIDs between 3,465 and 1,000,000. Modifications are considered part of the Rules, however, the Community Rules are not considered part of the Rules definition. The “Limited Ruleset” is considered part of the Rules and subject to additional licensing limitations set forth in this Agreement.
1.9. “Sensor” means any hardware or virtual device that runs at least one detection engine such as Snort.
1.10. “Subscriber” means an individual or entity who has registered on www.snort.org to use the Rules as a subscriber and who has paid the applicable license fee for such use.
2. License Grant
2.1. Subscriber Use. If You are a Subscriber, then subject to the terms and conditions of this Agreement, Cisco grants You a world-wide and non-exclusive license to: (a) download, install and use the Rules only on that number of Sensors for which You have paid the applicable license fee; (b) Modify the Rules and install and use those Modified Rules consistent with Section 2.1 (a) above; (c) reproduce the Rules as strictly necessary in exercising Your rights under this Section 2.1; and (d) make the Rules and any Modification available to Your consultants, agents and subcontractors for the limited purpose of exercising Your rights under this Section 2.1 provided that such use is in compliance with this Agreement. As a Subscriber You will have access to the Rules promptly upon release by Cisco and thirty (30) days before new Rules are made available to Registered Users. Once a Rule (excluding the Limited Ruleset) has been made available to Registered Users (i.e. 30 days after release to Subscribers), You may then also distribute such Rule or any Modification in accordance with Section 2.2 (c) and Section 2.2 (d) below, as applicable. As a Subscriber You may not distribute new Rules until such 30-day period has lapsed. Notwithstanding the foregoing, under no circumstances may You distribute the Limited Ruleset, or any portion thereof, to a Registered User or to any third party or otherwise make the Limited Ruleset available to any third party or allow a third party to use the Limited Ruleset.
2.2. Use by Registered Users. If You are a Registered User, then subject to the terms and conditions of this Agreement, Cisco grants You a world-wide and non-exclusive license to: (a) download, install and use the Rules on Sensors that You manage (or over which You have administrative control); (b) Modify the Rules and use such Modifications consistent with Section 2.2(a) above; (c) distribute those Rules and any Modifications that are made generally available to other Registered Users; (d) distribute any Improvement made generally available to other Registered Users on mailing lists commonly used by the Snort user community as a whole; (e) reproduce the Rules as strictly necessary in exercising the rights under this Section 2.2; and (f) make the Rules and any Modification available to Your consultants, agents and subcontractors for the limited purpose of exercising Your rights under this Section 2.2 provided that such use is in compliance with this Agreement. If You are a Registered User, You acknowledge and agree that new Rules (excluding the Limited Ruleset) will only be made available to Registered Users thirty (30) days after they have been released to Subscribers. You will have access to Modifications promptly upon release by Cisco at the same time they are made available to Subscribers. Notwithstanding the foregoing, as a Registered User, You have no right or license under this Agreement to use, transfer, Modify, distribute, copy or reproduce the Limited Ruleset, or any portion thereof.
2.3. Community Rules. The Community Rules are not governed by this Agreement and are separately made available for use under the GNU General Public License (GPL), v2.
2.4 License Limitations; Restrictions. You acknowledge and agree that the Rules are the property of Cisco, contain valuable assets and proprietary information of Cisco, and are provided to You under the terms and conditions of this Agreement. You agree that You will NOT at any time do any of the following without Cisco’s prior written consent: (a) use, deploy, modify, license, transfer, display, reproduce, distribute or disclose the Rules or Modifications (even if merged with other materials as a Compilation) other than as allowed under Section 2.1 if You are a Subscriber or under Section 2.2 if You are a Registered User; (b) use, deploy, modify, license, transfer, display, reproduce, distribute or disclose the Rules or Modifications for a Commercial Purpose; (c) share any user authentication information and/or password provided to You by Cisco with any third party to allow such party to access Your snort.org account or to otherwise access the Rules; (d) except as provided under Sections 2.1(c)-(d), Sections 2.2(c)-(e) and Section 4, post or make available any Rule or any Modification (in whole or in part) to any individual or entity who has not agreed to the terms and conditions of this Agreement; or (e) alter or remove any copyright notice or proprietary legend contained in or on the Rules or Modifications. Cisco reserves the right to limit the time and/or frequency that the Rules are made available for download at www.snort.org. All rights not granted under this Agreement are reserved by Cisco.
2.5. Support. Technical support for the Rules is limited to the FAQs, e-mail support assistance and user forums available at www.snort.org.
2.6. Commercial Use. You must enter into a separate commercial license agreement with Cisco in order to use the Rules for a Commercial Purpose. You can contact Cisco at www.snort.org if You desire to use the Rules for a Commercial Purpose under a commercial license agreement.
2.7. Reproduction Obligations. If You make any copies of the Rules or any Modifications as permitted by this Agreement, You agree that any and all such copies will contain: (a) a copy of an appropriate copyright notice and all other applicable proprietary legends; (b) a disclaimer of any warranty consistent with this Agreement; and (c) the following notices:
The contents of this file are subject to the Snort Subscriber Rules License Agreement (the “Agreement”). You may not use this file except in compliance with the Agreement. You may obtain a copy of the Agreement at www.snort.org. The developer of the Rules is Cisco Systems, Inc.
The Rules are distributed under the Agreement on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Agreement for the specific language governing rights and limitations under the Agreement.
2005 – 2025 © Cisco Systems, Inc. All Rights Reserved.
Contributor/Change Made By: ________________. [Only apply if changes are made]
3. Modifications.
If You create a Modification, then the use, reproduction and distribution of such Modification shall be governed by the terms and conditions of this Agreement. You are encouraged to disclose Your Modifications to Cisco and the user community but are not required to do so. If You disclose a Modification to Cisco or the user community, You hereby grant Cisco and all other licensed users of the Rules an irrevocable, perpetual, fully paid-up, world-wide, royalty-free, non-exclusive license to download, install and use such Modification (and the source code thereto). For each Modification You make and distribute, You shall include a prominent notice stating that the You changed the Rule (or any Modification thereto) and the date of such change.
4. Distribution Obligations.
The Rules (or any Modification thereof) may be distributed by You only as permitted under this Agreement. You must include a copy of this Agreement and the notices referenced in Section 2.7 in each file of the Rules that You are permitted to distribute. If it is not possible to include such notices in a particular file due to its structure, then You must include such notices in a location (such as a relevant directory) where a user would be likely to look for notices. If You create any Modifications, You must add Your name as a contributor to the notice described in Section 2.7.
5. Payment Terms.
If You are a Subscriber and have provided Cisco (or its payment processor) with a valid credit card number or an alternate payment method, Your subscription will be automatically renewed and the then-current license fee will be charged to such account for another term at the expiration of Your then-current term. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and Your credit card account charged) within thirty (30) days prior to the expiration of the term and each anniversary thereafter. If You do not want Your subscription to automatically renew, You must, prior to the expiration of Your subscription term, inform Cisco of Your intention not to renew Your subscription. Cisco will send notice of Your renewal to the e-mail address You have provided prior to charging Your account. You must provide current, complete, and accurate information for Your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Cisco if Your credit card is canceled or is no longer valid.
6. Representations and Warranties.
You represent and warrant that the information that You provide to Cisco when registering as either a Registered User or a Subscriber is complete and accurate in all respects, and You have the right, power and authority to so register. If You are a Subscriber, You further represent and warrant that the subscription categories selected (e.g., personal or business use) accurately reflects Your intended use of the Rules.
7. Versions of the Agreement.
Cisco may publish revised and/or new versions of the Agreement from time to time. Each version of the Agreement will be distinguished by a version number; this Agreement is version 3.1 and replaces version 3.0. Once a Rule has been published under a particular version of the Agreement, You may always use the Rule under the terms of that version of the Agreement which such Rule was acquired. You may also choose to use such Rule under the terms of any subsequent version of the Agreement. No one other than Cisco has the right to modify the terms of the Agreement.
8. Warranty Disclaimer.
THE RULES AND MODIFICATIONS ARE PROVIDED UNDER THIS AGREEMENT ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE RULES OR THE MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO PERFORMANCE OF THE RULES AND MODIFICATIONS IS WITH YOU. SHOULD THE RULES OR MODIFICATIONS PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT CISCO) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY RULE OR ANY MODIFICATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Liability Limitation.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL CISCO OR YOU BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, WORK STOPPAGE, SECURITY BREACHES OR FAILURES, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO YOU, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE RULES THAT GAVE RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY.
10. Term; Termination.
If You are a Registered User this Agreement will remain in effect for as long as You use the Rules, subject to Section 7 and the termination provisions below. If You are a Subscriber this Agreement is effective for a term of one (1) year from the date of purchase of Your license and for all renewal terms thereafter, subject to Section 7 and the termination provisions below. This Agreement and the rights granted hereunder will terminate automatically if You breach any term herein and You fail to cure such breach within thirty (30) days of becoming aware of the breach. Additionally, Cisco may terminate this Agreement for convenience at any time by providing You thirty (30) days notice. If You are a Subscriber and Cisco terminates this Agreement for convenience, then Cisco will provide You a pro-rated refund for the license fees You prepaid for the remaining portion of the term that has been cancelled. Upon any termination or expiration of this Agreement, You must cease use of the Rules and destroy all copies of the Rules. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive.
11. United States Government Users.
The Rules provided under this Agreement are prepared entirely at private expense and are “Commercial Items” as that term is defined in 48 C.F.R. 2.101. The Rules are licensed to U.S. Government end users: (a) only as “Commercial Items”; and (b) with only those rights as are granted to all other users pursuant to the Cisco’s standard license agreement. In case of conflict between any FAR and DFARS and this Agreement, the construction that provides greater limitations on the U.S. Government's rights shall control.
12. Miscellaneous.
This Agreement represents the complete agreement concerning the subject matter hereof. If it is impossible for You to comply with any of the terms of this Agreement due to statute, judicial order or regulation then You must comply with all other terms of this Agreement to the maximum extent possible. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the State of California, excluding its conflict-of-law provisions. Any litigation relating to this Agreement shall be subject to the jurisdiction of the state and federal Courts serving California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys’ fees and expenses. You hereby submit to jurisdiction and venue in such courts. Notwithstanding the foregoing, if the licensee hereunder is the U.S. Government then this Agreement shall be governed by U.S. Federal Law and any litigation relating to this Agreement and such licensee shall be subject to the jurisdiction of U.S. Federal Courts.The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. The Rules are subject to export controls under the laws of the United States and other countries. You shall comply with all such laws governing export, re-export, transfer and use of the Rules. You agree not to use or transfer the Rules for any use relating to the operation of nuclear facilities, chemical or biological weapons or missile technology, unless authorized by the U.S. Government by regulation or specific written license. Headings and section references are used for reference only and shall not be used define, limit or describe such section.
Snowplow Community License Agreement
Version 1.0, January 2023
This Snowplow Community License Agreement, Version 1.0 (the “Agreement”) sets forth the terms on which Snowplow Analytics, Ltd. (“Snowplow”) makes available certain software made available by Snowplow under this Agreement (the “Software”). BY INSTALLING, DOWNLOADING, ACCESSING, OR USING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.
LICENSE GRANT AND CONDITIONS
1.1 License. Subject to the terms and conditions of this Agreement, Snowplow hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicenseable license during the term of this Agreement to: (a) use the Software; (b) prepare modifications and derivative works of the Software; and (c) reproduce copies of the Software (the “License”). No right to distribute or make available the Software is granted under this License. Licensee is not granted the right to, and Licensee shall not, exercise the License for an Excluded Purpose. For purposes of this Agreement, “Excluded Purpose” means making available any on-premises or distributed software product, software-as-a-service, platform-as-a-service, infrastructure-as-a-service, or other similar online service, that competes with any products or services that Snowplow or any of its affiliates provides using the Software.
1.2 Conditions. In consideration of the License, Licensee’s distribution of the Software is subject to the following conditions:
a. Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software.
b. On each Software copy, Licensee shall reproduce and not remove or alter all Snowplow or third party copyright or other proprietary notices contained in the Software, and Licensee must include the notice below on each copy.
This software is made available by Snowplow Analytics, Ltd.,
under the terms of the Snowplow Community License Agreement, Version 1.0
located at https://docs.snowplow.io/community-license-1.0
BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE,
YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.
1.3 Licensee Modifications. Licensee may add its own copyright notices to modifications made by Licensee.
1.4 No Sublicensing. The License does not include the right to sublicense the Software, however, each recipient to which Licensee provides the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this Agreement.
TERM AND TERMINATION
This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently.
INTELLECTUAL PROPERTY
As between the parties, Snowplow will retain all right, title, and interest in the Software, and all intellectual property rights therein. Snowplow hereby reserves all rights not expressly granted to Licensee in this Agreement. Snowplow hereby reserves all rights in its trademarks and service marks, and no licenses therein are granted in this Agreement.
DISCLAIMER
SNOWPLOW HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
LIMITATION OF LIABILITY
SNOWPLOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL
6.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Delaware, without reference to its conflict of laws principles. If Licensee is located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Delaware, USA. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be in the State of Delaware, USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement to any third party. Snowplow may freely assign its rights under this Agreement to any third party.
6.3. Other. This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Snowplow of a breach of any provision of this Agreement or the failure by Snowplow to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
Snowplow Limited Use License Agreement
Version 1.0, January 2024
This Snowplow Limited Use License Agreement, Version 1.0 (the “Agreement”) sets forth the terms on which Snowplow Analytics, Ltd. (“Snowplow”) makes available certain software (the “Software”). BY INSTALLING, DOWNLOADING, ACCESSING, OR USING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.
LICENSE GRANT AND CONDITIONS
1.1 License. Subject to the terms and conditions of this Agreement, Snowplow hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicensable license during the term of this Agreement to: (a) use the Software; (b) prepare modifications and derivative works of the Software; and (c) reproduce copies of the Software (the “License”). No right to distribute or make available the Software is granted under this License. Licensee is not granted the right to, and Licensee shall not, exercise the License for any Excluded Purpose.
1.2 For purposes of this Agreement, an “Excluded Purpose” is any use that is either a Competing Use or a Highly-Available Production Use, or both of them.
1.2.1 A “Competing Use” is making available any on-premises or distributed software product, or any software-as-a-service, platform-as-a-service, infrastructure-as-a-service, or other similar online service, that competes with any products or services that Snowplow or any of its affiliates provides using the Software.
1.2.2 Highly-Available Production Use is any highly-available use, including without limitation any use where multiple instances of any Software component run concurrently to avoid a single point of failure, in a production environment, where production means use on live data.
1.3 Conditions. In consideration of the License, Licensee’s use of the Software is subject to the following conditions:
a. Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software.
b. On each Software copy, Licensee shall reproduce and not remove or alter all Snowplow or third party copyright or other proprietary notices contained in the Software, and Licensee must include the notice below on each copy.
This software is made available by Snowplow Analytics, Ltd.,
under the terms of the Snowplow Limited Use License Agreement, Version 1.0
located at https://docs.snowplow.io/limited-use-license-1.0
BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY PORTION
OF THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.
1.4 Licensee Modifications. Licensee may add its own copyright notices to modifications made by Licensee.
1.5 No Sublicensing. The License does not include the right to sublicense the Software, however, each recipient to which Licensee provides the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this Agreement.
TERM AND TERMINATION
This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently.
INTELLECTUAL PROPERTY
As between the parties, Snowplow will retain all right, title, and interest in the Software, and all intellectual property rights therein. Snowplow hereby reserves all rights not expressly granted to Licensee in this Agreement. Snowplow hereby reserves all rights in its trademarks and service marks, and no licenses therein are granted in this Agreement.
DISCLAIMER
SNOWPLOW HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
LIMITATION OF LIABILITY
SNOWPLOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL
6.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Delaware, without reference to its conflict of laws principles. If Licensee is located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Delaware, USA. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be in the State of Delaware, USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement to any third party. Snowplow may freely assign its rights under this Agreement to any third party.
6.3. Other. This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Snowplow of a breach of any provision of this Agreement or the failure by Snowplow to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
# Snowplow Personal & Academic License Agreement
_Version 1.0, September 2023_
## Acceptance
In order to get any license under these terms, you must agree to them as both strict obligations and conditions to all your licenses.
## Copyright License
The licensor grants you a copyright license for the software to do everything you might do with the software that would otherwise infringe the licensor's copyright in it, but only for any non-commercial purpose.
Non-commercial purposes include only:
* Personal use for research, experiment, personal study, or hobby projects, without any anticipated commercial application.
* Use for teaching purposes by lecturers of a school or university.
* Use to evaluate the sufficiency of the software for the commercial needs of you or your company.
## Notices
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms or the URL for them above.
## Patent License
The licensor grants you a patent license for the software that covers patent claims the licensor can license, or becomes able to license, that you would infringe by using the software for a non-commercial purpose.
## Fair Use
You may have "fair use" rights for the software under the law. These terms do not limit them.
## No Other Rights
These terms do not allow you to sublicense or transfer any of your licenses to anyone else, or prevent the licensor from granting licenses to anyone else. These terms do not imply any other licenses.
## Patent Defense
If you make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
## Violations
The first time you are notified in writing that you have violated any of these terms, or done anything with the software not covered by your licenses, your licenses can nonetheless continue if you come into full compliance with these terms, and take practical steps to correct past violations, within 32 days of receiving notice. Otherwise, all your licenses end immediately.
## No Liability
**As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.**
## Definitions
The **licensor** is the individual or entity offering these terms, and the **software** is the software the licensor makes available under these terms.
**You** refers to the individual or entity agreeing to these terms.
**Your company** is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. **Control** means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
**Your licenses** are all the licenses granted to you for the software under these terms.
**Use** means anything you do with the software requiring one of your licenses.
It may be used for any purpose as long as this notice remains intact on all
source code distributions.
Permission is granted to use at your own risk and distribute this software
in source and binary forms provided the above copyright notice and this
paragraph are preserved on all copies. This software is provided "as is"
with no express or implied warranty.
=====================
SOFA Software License
=====================
NOTICE TO USER:
BY USING THIS SOFTWARE YOU ACCEPT THE FOLLOWING SIX TERMS AND
CONDITIONS WHICH APPLY TO ITS USE.
1. The Software is owned by the IAU SOFA Board ("SOFA").
2. Permission is granted to anyone to use the SOFA software for any
purpose, including commercial applications, free of charge and
without payment of royalties, subject to the conditions and
restrictions listed below.
3. You (the user) may copy and distribute SOFA source code to others,
and use and adapt its code and algorithms in your own software,
on a world-wide, royalty-free basis. That portion of your
distribution that does not consist of intact and unchanged copies
of SOFA source code files is a "derived work" that must comply
with the following requirements:
a) Your work shall be marked or carry a statement that it
(i) uses routines and computations derived by you from
software provided by SOFA under license to you; and
(ii) does not itself constitute software provided by and/or
endorsed by SOFA.
b) The source code of your derived work must contain descriptions
of how the derived work is based upon, contains and/or differs
from the original SOFA software.
c) The names of all routines in your derived work shall not
include the prefix "iau" or "sofa" or trivial modifications
thereof such as changes of case.
d) The origin of the SOFA components of your derived work must
not be misrepresented; you must not claim that you wrote the
original software, nor file a patent application for SOFA
software or algorithms embedded in the SOFA software.
e) These requirements must be reproduced intact in any source
distribution and shall apply to anyone to whom you have
granted a further right to modify the source code of your
derived work.
Note that, as originally distributed, the SOFA software is
intended to be a definitive implementation of the IAU standards,
and consequently third-party modifications are discouraged. All
variations, no matter how minor, must be explicitly marked as
such, as explained above.
4. You shall not cause the SOFA software to be brought into
disrepute, either by misuse, or use for inappropriate tasks, or
by inappropriate modification.
5. The SOFA software is provided "as is" and SOFA makes no warranty
as to its use or performance. SOFA does not and cannot warrant
the performance or results which the user may obtain by using the
SOFA software. SOFA makes no warranties, express or implied, as
to non-infringement of third party rights, merchantability, or
fitness for any particular purpose. In no event will SOFA be
liable to the user for any consequential, incidental, or special
damages, including any lost profits or lost savings, even if a
SOFA representative has been advised of such damages, or for any
claim by any third party.
6. The provision of any version of the SOFA software under the terms
and conditions specified herein does not imply that future
versions will also be made available under the same terms and
conditions.
In any published work or commercial product which uses the SOFA
software directly, acknowledgement (see www.iausofa.org) is
appreciated.
Correspondence concerning SOFA software should be addressed as
follows:
By email: sofa@ukho.gov.uk
By post: IAU SOFA Center
HM Nautical Almanac Office
UK Hydrographic Office
Admiralty Way, Taunton
Somerset, TA1 2DN
United Kingdom
END-USER LICENSE AGREEMENT
This end-user software license agreement is a legal agreement ("Agreement") between you ("Licensee") and Softerra, LLC ("Softerra"), which is the owner of the LDAP Browser Software ("Software"). This Agreement specifies the terms and conditions under which Licensee may use the Software.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, OR DO NOT DOWNLOAD THE PRODUCT.
Definitions
'Documentation' means the user documentation, in whatever form available, supplied by Softerra with the Software.
'Licensee' means a person or entity that is granted permission through a license to access or otherwise use the Software.
'Outsourcee' means a third party engaged by a Licensee in data processing, consulting, or internal information management at locations designated by Licensee or Outsourcee.
'Upgrades' means any updates, releases, or enhancements that may be provided within the scope of support services.
Scope of Use
License Restrictions. Except as expressly permitted by this Agreement, Licensee may not: (i) lease, loan, resell, sublicense or otherwise distribute the Software; (ii) use the Software for the benefit of any third party, including without limitation, operation in a timesharing arrangement or in a service bureau; (iii) use the Software to develop products competitive with the Software; (iv) permit third-parties access to, or use of, the Software, except as expressly set forth herein; (v) distribute or publish source code(s) of the Software; or (vi) use unauthorized source code(s). Licensee shall notify Softerra if he/she becomes aware of any unauthorized third party access to or use of the Software.
Outsourcees. If Licensee is contracted with an Outsourcee, Licensee may permit the Outsourcee to access and use the Software provided that: (i) the Outsourcee complies with the terms of this Agreement and accesses and uses the Software solely for purposes of rendering services to Licensee; and (ii) the total number of licenses used by Licensee and Outsourcee do not exceed the number of licenses ordered. Licensee shall ensure that the Outsourcee is informed about and observes the terms and conditions of this Agreement. Upon completion of Licensee's services by the Outsourcee, Licensee shall certify in writing that the Outsourcee has uninstalled and destroyed all copies of Software within thirty (30) days after such completion of services.
Duplication of Software. The number of Software copies made by Licensee shall not exceed the number of licensed copies ordered plus a reasonable number of archival copies for inactive backup purposes. All Software copyright, trademark, patent, and related proprietary notices incorporated in or fixed to the Software shall be duplicated by Licensee on all copies or extracts thereof and shall not be altered, removed, or obliterated.
Upgrades
If the Software and the related documentation are provided as an upgrade to an earlier licensed release of the Software, then you must have a valid license to operate such earlier release of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be a part of the Software and is subject to this Agreement.
Term and Termination
The license granted for the Software will continue until it is terminated. Softerra may terminate any license granted herein if Licensee fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, Licensee must promptly return to Softerra or destroy all copies of the Software and related documentation covered by the license.
Trademarks and Intellectual Property
Software is the intellectual property of Softerra.
No Additional Rights or Licenses. You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the Software (as an independent work and as an underlying work serving as a basis for any application you may develop) and related documentation remain the sole and exclusive property of Softerra, and that you will not derive or assert any title or interest in or to the Software or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trademarks to the Software or related documentation. This Agreement does not authorize you to use Softerra's name or any of its trademarks.
Limited Warranty SOFTERRA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SOFTWARE. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
Softerra assumes no liability or responsibility for any damages resulting from altering the Software in any way, its misuse, accidents, abuse, misapplication, use of third party software that may conflict with the Software as well as use of the Software with other than a recommended hardware configuration.
IN NO CASE SHALL SOFTERRA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF SOFTERRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
This Agreement is the complete agreement between you and Softerra concerning the Software and related documentation. The failure or delay of Softerra to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
SoftFloat Legal Notice
Written by John R. Hauser.
This work was made possible in part by the International Computer Science
Institute, located at Suite 600, 1947 Center Street, Berkeley, California 94704.
Funding was partially provided by the National Science Foundation under grant
MIP-9311980.
The original version of this code was written as part of a project to build
a fixed-point vector processor in collaboration with the University of
California at Berkeley, overseen by Profs. Nelson Morgan and John Wawrzynek.
More information is available through the Web page
http://www.jhauser.us/arithmetic/SoftFloat-2b/SoftFloat-source.txt
THIS SOFTWARE IS DISTRIBUTED AS IS, FOR FREE. Although reasonable effort
has been made to avoid it, THIS SOFTWARE MAY CONTAIN FAULTS THAT WILL AT
TIMES RESULT IN INCORRECT BEHAVIOR. USE OF THIS SOFTWARE IS RESTRICTED TO
PERSONS AND ORGANIZATIONS WHO CAN AND WILL TAKE FULL RESPONSIBILITY FOR ANY
AND ALL LOSSES, COSTS, OR OTHER PROBLEMS ARISING FROM ITS USE.
Derivative works are acceptable, even for commercial purposes, so long as
(1) they include prominent notice that the work is derivative, and (2) they
include prominent notice akin to these three paragraphs for those parts of
this code that are retained.
Legal Notice
SoftFloat was written by John R. Hauser. Release 2c of SoftFloat was made
possible in part by the International Computer Science Institute, located
at Suite 600, 1947 Center Street, Berkeley, California 94704. Funding
was partially provided by the National Science Foundation under grant
MIP-9311980. The original version of this code was written as part of a
project to build a fixed-point vector processor in collaboration with the
University of California at Berkeley, overseen by Profs. Nelson Morgan and
John Wawrzynek.
THIS SOFTWARE IS DISTRIBUTED AS IS, FOR FREE. Although reasonable effort
has been made to avoid it, THIS SOFTWARE MAY CONTAIN FAULTS THAT WILL AT
TIMES RESULT IN INCORRECT BEHAVIOR. USE OF THIS SOFTWARE IS RESTRICTED TO
PERSONS AND ORGANIZATIONS WHO CAN AND WILL TOLERATE ALL LOSSES, COSTS, OR
OTHER PROBLEMS THEY INCUR DUE TO THE SOFTWARE WITHOUT RECOMPENSE FROM JOHN
HAUSER OR THE INTERNATIONAL COMPUTER SCIENCE INSTITUTE, AND WHO FURTHERMORE
EFFECTIVELY INDEMNIFY JOHN HAUSER AND THE INTERNATIONAL COMPUTER SCIENCE
INSTITUTE (possibly via similar legal notice) AGAINST ALL LOSSES, COSTS, OR
OTHER PROBLEMS INCURRED BY THEIR CUSTOMERS AND CLIENTS DUE TO THE SOFTWARE,
OR INCURRED BY ANYONE DUE TO A DERIVATIVE WORK THEY CREATE USING ANY PART OF
THE SOFTWARE.
The following are expressly permitted, even for commercial purposes:
(1) distribution of SoftFloat in whole or in part, as long as this and
other legal notices remain and are prominent, and provided also that, for a
partial distribution, prominent notice is given that it is a subset of the
original; and
(2) inclusion or use of SoftFloat in whole or in part in a derivative
work, provided that the use restrictions above are met and the minimal
documentation requirements stated in the source code are satisfied.
SoftFloat Legal Notice
SoftFloat was written by John R. Hauser.
This work was made possible in part by the International Computer Science
Institute, located at Suite 600, 1947 Center Street, Berkeley, California 94704.
Funding was partially provided by the National Science Foundation under grant
MIP-9311980.
The original version of this code was written as part of a project to build
a fixed-point vector processor in collaboration with the University of
California at Berkeley, overseen by Profs. Nelson Morgan and John Wawrzynek.
THIS SOFTWARE IS DISTRIBUTED AS IS, FOR FREE. Although reasonable effort
has been made to avoid it, THIS SOFTWARE MAY CONTAIN FAULTS THAT WILL AT
TIMES RESULT IN INCORRECT BEHAVIOR. USE OF THIS SOFTWARE IS RESTRICTED TO
PERSONS AND ORGANIZATIONS WHO CAN AND WILL TAKE FULL RESPONSIBILITY FOR ANY
AND ALL LOSSES, COSTS, OR OTHER PROBLEMS ARISING FROM ITS USE.
Derivative works are acceptable, even for commercial purposes, provided
that the minimal documentation requirements stated in the source code are
satisfied.
This code may be freely used and modified for any purpose
providing that this copyright notice is included with it.
Copyright holder makes no warranty for this code, and cannot be held
liable for any real or imagined damage resulting from its use.
Users of this code must verify correctness for their application.
Version: APRIL 1, 2020
SOLACE CORPORATION
LICENCE AGREEMENT FOR SOLACE SOFTWARE
THIS LICENCE AGREEMENT and any documents expressly referred to in this agreement (the “Agreement”) between SOLACE CORPORATION, a company incorporated under the laws of the Province of Ontario (“SOLACE”) and licensee, the party identified in the Order (as defined below) or that otherwise accepts this Agreement (the “Licensee”) (together the “Parties”, and each a “Party”), is made on the Effective Date (as defined below).
BY ACCEPTING THE TERMS OF THIS AGREEMENT, EITHER BY: A) ACCEPTING THE AGREEMENT ONLINE, B) SIGNING THE ORDER (AS DEFINED BELOW) WHICH REFERENCES THIS AGREEMENT, OR C) INSTALLING OR USING THE SOFTWARE AFTER BEING MADE AWARE OF THIS AGREEMENT, THE LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD ALL OF THE PROVISIONS, AND HAS THE AUTHORITY TO AGREE TO, AND IS CONFIRMING THAT IT IS AGREEING TO, COMPLY WITH AND BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, TOGETHER WITH THE TERMS SET FORTH IN ANY ORDER. IF, AFTER READING THIS AGREEMENT, THE LICENSEE DOES NOT ACCEPT OR AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, THE LICENSEE SHALL NOT INSTALL OR USE THE SOFTWARE.
IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY THEN YOU HEREBY REPRESENT AND WARRANT THAT: (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
1 INTERPRETATION
1.1 Definitions. In this Agreement the following terms shall have the following meanings:
“Core” means (i) a single physical processor core or hyper-thread when Solace PubSub+ software is deployed on either a bare-metal server or a cloud or virtualization environment that presents physical cores to the software, and (ii) a single virtual core when deployed in a cloud or virtualization environment that presents virtual cores to the VMR.
“Documentation” means the documentation made accessible by SOLACE via a URL provided to
Licensee.
“Order” means (i) an electronic form provided by SOLACE on its website for ordering Software Subscriptions, Professional Services, and/or Support and Maintenance Services, or (ii) a written document, including a Licensee purchase order, executed by SOLACE and Licensee pursuant to which Licensee purchases of Software Subscriptions, Professional Services, and/or Support and Maintenance Services from SOLACE.
“Products” means the Software, Documentation, Support and Maintenance Services, Professional
Services and other products and services that are ordered by Licensee from SOLACE. “Software” means the SOLACE software product(s) described in an Order.
“SOLACE Quotation” means SOLACE’s sales quotation document provided by SOLACE to a prospective customer which sets out the fees for SOLACE’s Products.
“Subscription” means the right granted by SOLACE to Licensee to install and use the Software in accordance with the terms of this Agreement and the applicable Order, for the Subscription Term specified in the applicable Order.
“Subscription Fee” means the fee payable by Licensee for a Subscription in accordance with the terms hereof and the applicable Order.
“Subscription Term” means the period of time that Licensee is authorized by SOLACE to install and use the Software (including the Documentation).
“Support and Maintenance Services” means the support services provided by SOLACE for the
Software in accordance with the Support and Maintenance Terms.
“Support and Maintenance Terms” means SOLACE’S policies, terms and conditions for the provision of Support and Maintenance Services to its customers, a copy of which is available on the SOLACE website at https://solace.com/support.
“Statement of Work” or “SOW” shall mean a statement of work in the form attached hereto as Schedule B pursuant to which the parties agree upon the Professional Services to be provided by SOLACE to Licensee, the fees to be charged, milestones, deliverables and such other terms and conditions as the parties may agree upon.
1.2 Currency. Unless otherwise specified, all dollar amounts in this Agreement, including the symbol
“$”, refer to United States currency.
2 LICENSE GRANT
2.1 General License to Software.
(a) Provided Licensee complies with this Agreement, SOLACE hereby grants to Licensee a non-exclusive, non-sublicensable (except as permitted in accordance with Section 2.6 below), non-transferable, license, during the term of this Agreement, to install and use the Software in object code form during the applicable Subscription Term for the number of Cores specified in the Order, solely for the Licensee’s internal business purposes and in accordance with the terms of this Agreement.
(b) If Licensee requires a license from SOLACE to enable Licensee to bundle or otherwise make available a Product with Licensee’s own software, such bundling will be pursuant to separate terms to be agreed.
2.2 Documentation. Provided Licensee complies with this Agreement, Licensee may reproduce the Documentation, for use on an internal basis only, and solely in support of the Licensee’s licensed use of the Software. Distribution of the Documentation outside of Licensee is prohibited without
the express written permission of SOLACE. Licensee must reproduce all copyright and other proprietary notices that are on the original copy of the Documentation.
2.3 Back-up Copy. In addition to the number of copies of the Software installed and used pursuant to Section 2.1 and paid for in accordance with Section 5, Licensee may make one copy of each licensed Product per Subscription solely for back-up purposes, provided that Licensee reproduces all copyright and other proprietary notices that are on the original copy of the Software and such back-up copy is not installed or used other than for back-up and recovery purposes. Back-up copies that are used as part of a live or ‘hot’ back-up will be subject to additional fees.
2.4 Use Restrictions. Licensee will not: (a) reverse engineer, disassemble, decompile, or translate the Software (other than Sample Applications), or otherwise attempt to derive the source code version of the Software, except if and only to the extent expressly permitted by applicable law, and provided that Licensee first approaches SOLACE and seeks permission in writing; (b) except as expressly permitted in this Agreement, rent, lease, loan or otherwise in any manner provide, transfer or distribute the Products or any part thereof to any third party; (c) use the Software in violation of applicable laws; (d) circumvent any user limits or other license timing or use restrictions that are built into the Software; and (e) except as expressly permitted in this Agreement, reproduce, distribute, publicly perform, publicly display or create adaptations or derivative works of or based on the Products.
2.5 Publicly Available Software. Portions of the Software include software programs that are distributed by SOLACE pursuant to the terms and conditions of a license granted by the copyright owner of such software programs and which governs Customer’s use of such software programs (“Publicly Available Software”). The Licensee’s use of Publicly Available Software in conjunction with the Software in a manner consistent with the terms of this Agreement is permitted, however, the Licensee may have broader rights under the applicable license for Publicly Available Software and nothing contained herein is intended to impose restrictions or limitations on the Licensee’s use of the Publicly Available Software. The warranty, indemnity and limitation of liability provisions in this Agreement will apply to all of the Software, including Publicly Available Software included in the Software. Copies of such Publicly Available Software license agreements are available by contacting Licensor at support@solace.com. The source code for certain portions of the Publicly Available Software included in the Software (as specified in the copyright notices) is available by contacting SOLACE at support@solcae.com within a three (3) year period from the original date of receipt of the applicable Software or Adapter and for a fee that shall not exceed Licensor' costs associated with the shipping of such software source code.
2.6 Sub-licensing. Any sub-licensing of the Software under this Agreement must be expressly authorized by SOLACE pursuant to an Order or otherwise in writing. Any attempt by Licensee to sub-license or otherwise transfer the Products to a third party in breach of this restriction will be void. Any sub-licensing that may be permitted under this Agreement by SOLACE will be subject to such sub-licensee agreeing to substantially similar restrictions and obligations set out in this Agreement. Licensee will be fully liable for any breach by a sub-licensee of any restriction or
obligation, and SOLACE may bring a Claim against Licensee if SOLACE suffers any Losses arising from such breach.
2.7 Evaluation Licenses.
(a) If the Software provided to Licensee under this Agreement is designated by SOLACE in an Order or otherwise as an evaluation release (indicated by terms such as “pre- commercial”, “alpha,” “beta,” “trial,” “draft,” “early access,” “EA” or “evaluation”) (each an “Evaluation Software Release”), Licensee will have the limited right under this Agreement to download and install the Software on the number of Cores identified in the Order or, if not identified, one Core, for the Licensee’s internal and non-commercial evaluation of the Software.
(b) Licensee acknowledges that the Evaluation Software Release may not meet performance and compatibility standards of a production version. The Evaluation Software Release may not operate correctly, may be substantially modified by SOLACE prior to first commercial shipment, and may be withdrawn completely and never issued for commercial use.
(c) If Licensee desires other rights for the Evaluation Software Release, Licensee must request from SOLACE a commercial release of the Software.
(d) The limited use license granted in subsection (a) will automatically expire on the earlier of: (i) the date when the Software is made available to Licensee as a commercially available product, and (ii) the date specified in the Order or, if no such date is identified in the Order, the date that is 30 days after the date of delivery or provision of the Evaluation Software Release to Licensee. Following license expiry Licensee will permanently delete or otherwise purge such Evaluation Software Release from Licensee’s systems and, if requested by SOLACE, certify the same.
2.8 License of APIs. Provided Licensee complies with this Agreement and any terms that SOLACE provides, SOLACE grants to Licensee a non-exclusive, royalty free license, during the term of this Agreement, to download, install and use, the applicable application programming interfaces that may be made available by SOLACE with the Software (“APIs”) solely to create interfaces between the Software and the Licensee’s software or third party software on Licensee’s systems.
2.9 License to Sample Applications.
(a) SOLACE may, in its sole discretion, provide certain sample Software in source code or object code form for the purposes of demonstrating certain features enabled by the Software, including demonstrating to Licensees how to build applications using APIs, and for use by Licensees with such APIs (each, a “Sample Application”).
(b) Whether provided separately or together with other Software, if SOLACE provides such Sample Application to Licensee, then SOLACE hereby grants to Licensee a non- sublicensable, non-transferable, non-exclusive, revocable license, to install such Sample Application for Licensee’s evaluation for the same duration as the Software with which
delivery of the Sample Application.
3 OPTIONAL SERVICES AND SUPPORT
3.1 Optional Services. Licensee acknowledge that certain optional services, such as training, integration and development services may be provided by SOLACE in association with the Products, and access to such services will be provided only pursuant to a Statement of Work executed by SOLACE and Licensee and may include separate and additional fees.
3.2 Support.
(a) Provided Licensee complies with this Agreement, SOLACE will provide Support and Maintenance Services the Software in accordance with SOLACE’s then standard Support and Maintenance Terms. The level of support will be dependent on whether Licensee has procured either the ‘Premium Support Plan’ or ‘Standard Support Plan’ defined in SOLACE’s Support and Maintenance Terms and as specified in the applicable Order.
(b) SOLACE may enhance such standard Support and Maintenance Services from time to time in its discretion.
(c) For greater clarity, SOLACE’s then standard Support and Maintenance Terms do not apply to Evaluation Software Releases, Sample Applications or any free versions of the Software that may be made available. SOLACE may make available support related information on a free basis for such Software on its publicly accessible website or otherwise, and such support related information will, for greater clarity, be subject to the limitations and exclusions in this Agreement.
4 PROPRIETARY RIGHTS
4.1 Intellectual Property Rights. In this Agreement “Intellectual Property Rights” means: (a) any and all proprietary rights anywhere in the world provided under: (i) patent law; (ii) copyright law (including moral rights); (iii) trademark law; (iv) design patent or industrial design law; or (v) any other statutory provision or common law principle applicable to this Agreement, including trade secret law, that may provide a right in either hardware or information generally or the expression or use of such hardware or information; (b) any and all applications, registrations, licenses, sub- licenses, franchises, agreements or any other evidence of a right in any of the foregoing. Except for the licenses expressly granted herein, othing in this Agreement or the provision of the Products conveys or otherwise provides to Licensee title, interest or any Intellectual Property Rights in or to: (a) the Products, or (b) know-how, ideas, or any other subject matter protectable under laws applicable to Intellectual Property Rights of any jurisdiction. As between Licensee and SOLACE, SOLACE and its affiliates and licensors are the sole and exclusive owners of the Products, including Intellectual Property Rights therein.
4.2 Feedback. Licensee is encouraged to provide to SOLACE suggestions, comments and feedback related to the Products (including reporting bugs) (the “Feedback”). Licensee hereby grants to SOLACE a license to use, copy, distribute, modify or otherwise adapt, incorporate into any software and documentation, including the Products, and sublicense, without attribution or compensation to Licensee, all Feedback which SOLACE receives or otherwise obtains from
or will cause all moral rights to be waived in any Feedback.
4.3 Third Party Licenses. The Software may contain or require third party software that is licensed under third party terms. SOLACE may direct Licensee to such third party terms, and in some instances the Software cannot be used or further distributed without Licensee’s acceptance of such terms. Any failure of Licensee to agree to the terms applicable to such third party software may undermine certain functionality of or prevent Licensee from using the Software.
4.4 Open Source Software.
(a) Licensee will not represent to third parties, or use any third party software or code in conjunction with: (i) the Software; or (ii) any software, products, documentation, content or other materials developed using the Software, in such a way that: (A) creates, purports to create or has the potential to create, obligations for SOLACE with respect to the Software; or (B) grants, purports to grant, or has the potential to grant to any third party any rights to or immunities under any Intellectual Property Rights of SOLACE, as such rights exist in or relate to the Products.
(b) Licensee will not use any Software in any manner, including through incorporation, linking, distribution or otherwise, that will cause any Products and any Intellectual Property Rights therein to become subject to any encumbrance or terms and conditions of any third party or open source license, including any open source license listed on http://www.opensource.org/licenses/alphabetical (each an “Open Source License”).
(c) The restrictions, limitations, exclusions and conditions referred to under subsection (b) will apply even if SOLACE becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. No act by SOLACE that is undertaken under this Agreement in respect to any Products will be construed as intending to cause any Intellectual Property Rights that are owned or controlled by SOLACE or any of its affiliates (or for which SOLACE or any of its affiliates has received license rights) to become subject to any encumbrance or terms and conditions of any Open Source License.
4.5 Use of Name and Logo. Licensee will not display or make any use of SOLACE’s or its affiliates’
names, marks or logos without the prior written approval of SOLACE.
5 FEES AND TAXES
5.1 Fees. Licensee shall pay the applicable Subscription Fees and support fees specified in the applicable Order. Except as otherwise specified herein or in an Order, Subscription Fees are based on Subscriptions purchased and not actual usage. Subscription Fees paid are refundable if the number of Subscriptions purchased are decreased during the relevant Subscription Term.
5.2 Invoices and Payment. Subscription Fees will be invoiced in advance and otherwise in accordance with the relevant Order. All invoices issued by SOLACE are due and payable within 30 days of the invoice date unless otherwise agreed in an Order. Licensee will be responsible for any and all
sales, use, excise, import, value-added, services, consumption, and other taxes assessed on the receipt of the Products, and any related services as a whole.
5.3 Overdue Charges. Any payment not received from Customer by the due date may accrue (except with respect to charges then subject to a reasonable and good faith dispute), at Licensor' discretion, late charges at the rate of 1.5% of the outstanding balance per month (19.57% per annum), or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
6 CONFIDENTIALITY
6.1 Definition of Confidential Information.
In this Agreement “Confidential Information” of a Party means any information of a Party (including in respect to SOLACE any of its affiliates, licensors, customers, employees or subcontractors) (the “Disclosing Party”), whether oral, written or in electronic form, which has or will come into the possession or knowledge of the other Party (the “Receiving Party”) in connection with or as a result of entering into this Agreement that can reasonably be considered to be confidential in the circumstances of disclosure or which is designated as confidential. The Products, any performance information, service levels, support terms, and results of testing of the Software, and the terms of this Agreement are Confidential Information of SOLACE. Notwithstanding the foregoing, “Confidential Information” does not include information that is:
(a) publicly available when it is received by or becomes known to the Receiving Party or that subsequently becomes publicly available other than through a direct or indirect act or omission of the Receiving Party (but only after it becomes publicly available);
(b) established by evidence to have been already known to the Receiving Party at the time of its disclosure to the Receiving Party and is not known by the Receiving Party to be the subject of an obligation of confidence of any kind;
(c) independently developed by the Receiving Party without any use of or reference to the Confidential Information of the Disclosing Party as established by evidence that would be acceptable to a court of competent jurisdiction;
(d) received by the Receiving Party in good faith without an obligation of confidence of any kind from a third party who the Receiving Party had no reason to believe was not lawfully in possession of such information free of any obligation of confidence of any kind, but only until the Receiving Party subsequently comes to have reason to believe that such information was subject to an obligation of confidence of any kind when originally received; or
(e) Feedback provided by Licensee or a representative of Licensee.
6.2 Confidentiality Obligations.
(a) Each Party will, in its capacity as a Receiving Party: (i) not use or reproduce Confidential Information of the Disclosing Party for any purpose, other than as may be reasonably necessary for the exercise of its rights or the performance of its obligations set out in this
Agreement; and (ii) not disclose, provide access to, transfer or otherwise make available any Confidential Information of the Disclosing Party to any third party except as expressly permitted in this Agreement.
(b) Each Party may, in its capacity as a Receiving Party, disclose Confidential Information of the Disclosing Party: (i) if and to the extent required by a governmental authority or otherwise as required by applicable law, provided that the Receiving Party must first give the Disclosing Party notice of such compelled disclosure (except where prohibited by applicable law from doing so) and must use commercially reasonable efforts to provide the Disclosing Party with an opportunity to take such steps as it desires to challenge or contest such disclosure or seek a protective order. Thereafter, the Receiving Party may disclose the Confidential Information of the Disclosing Party, but only to the extent required by applicable law and subject to any protective order that applies to such disclosure; and (ii) to: (A) its accountants, internal and external auditors and other professional advisors if and to the extent that such persons need to know such Confidential Information in order to provide the applicable professional advisory services relating to the Receiving Party; and (B) employees of the Receiving Party and its subcontractors if and to the extent that such persons need to know such Confidential Information to perform their respective obligations under this Agreement;
provided that any such person is aware of the provisions of this Section 6.2 and has entered into a written agreement with the Receiving Party that includes confidentiality obligations in respect of such Confidential Information of the Disclosing Party that are no less stringent than those contained in this Section 6.2.
6.3 Consent to Injunctive Relief. Any unauthorized use or disclosure of the Confidential Information of SOLACE, its affiliates or licensors may cause irreparable harm and significant injury to SOLACE that would be difficult to ascertain or quantify; accordingly Licensee agrees that SOLACE will have the right to seek and obtain injunctive or other equitable relief to enforce the terms of this Agreement and without limiting any other rights or remedies that SOLACE may have.
7 WARRANTY AND DISCLAIMER OF WARRANTIES.
7.1 Warranty. SOLACE warrants that the Software will materially comply with the Documentation during the Subscription Term. If the Software does not materially conform with the warranty in the prior sentence, provided that Licensee is in compliance with the terms of this Agreement, and all Subscription Fees are fully-paid up, SOLACE will provide the support to Licensee in respect to the applicable Software to the extent set out in SOLACE’s then current Support and Maintenance Terms, and the provision of support to correct the non-compliance with the warranty in this Section will be Licensee’s sole and exclusive remedy in the event of non-compliance with the
warranty in this Section by SOLACE. All other support will be dependent on the plan procured by
Licensee, as defined in the Support and Maintenance Terms.
7.2 Disclaimers.
(a) EXCEPT AS SET OUT IN SECTION 7.1, THE PRODUCTS AND SUPPORT THAT MAY BE PROVIDED BY SOLACE UNDER THIS AGREEMENT, IS PROVIDED ‘AS-IS’ AND ‘AS AVAILABLE’.
(b) Except as set out in Section 7.1, the Products and support are without any additional warranties of any kind, whether express, implied, collateral, statutory or otherwise. SOLACE does not warrant or make any representations regarding the use, or the results of the use, of the Products in terms of its correctness, accuracy, reliability, or otherwise.
(c) SOLACE does not represent or warrant that the functionality of the Products will meet Licensee requirements, or that the operation of the Products will be uninterrupted or error-free, or that the Products or any service enabled by the use of the Software will always be available, or that defects in the Products will be corrected.
(d) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SOLACE ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND LICENSOR(S) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(e) Some jurisdictions do not allow the exclusion of implied warranties, so exclusions in this
Article 7 will apply only to the extent permitted by applicable law.
8 LICENSEE INDEMNITY AND EXCLUSION.
8.1 Licensee Indemnity.
(a) Without limiting SOLACE’s rights and remedies under this Agreement, Licensee will indemnify, defend and hold SOLACE, its licensors, affiliates or any of their respective directors, officers, employees or agents (together, the “Solace Indemnitees”) harmless from and against any and all third party Claims and Losses incurred or otherwise suffered by each SOLACE Indemnitee arising out of, resulting from or related to:
(i) any use, reproduction or distribution of the Products (notwithstanding the restrictions and obligations in this Agreement), as modified or integrated by Licensee in Licensee application, which causes an infringement or misappropriation of any Intellectual Property Right, publicity or privacy right of any third parties arising in any jurisdiction anywhere in the world, except and
solely to the extent such infringement is caused by the unmodified Software, or portions thereof, as supplied to Licensee by SOLACE under this Agreement; or
(ii) any use, downloading, distribution, installation, storage, execution, or transfer of the Products in breach of this Agreement.
(b) SOLACE may enforce the indemnity under this Article 8 on behalf of any or all of the SOLACE Indemnitees. Licensee may only bring a Claim against SOLACE and not any SOLACE Indemnitees under this Agreement.
8.2 SOLACE Indemnity.
(a) SOLACE will defend Licensee from and against any and all Claims by a third party incurred or otherwise suffered by Licensee arising out of, resulting from or related to a Claim that the Products licensed pursuant to Section 2.1 infringe or misappropriate third party copyright or patent rights in Canada or the United States of America, and indemnity Licensee from any damages awarded by a court of final determination.
(b) Without limitation, Section 8.2 will not be applicable and SOLACE will not be liable to defend a Claim to the extent that such Claim is based on: (i) Licensee’s use of the Products after SOLACE notifies Licensee to discontinue using them; (ii) Licensee combining the Products with non-SOLACE services, products, programs or data; or (iii) Licensee altering or modifying the Products.
(c) If SOLACE receives information concerning an infringement or misappropriation Claim related to the Products, SOLACE may, at its expense and without obligation to do so, either: (i) procure the Intellectual Property Rights or other right(s) to continue to use the Product; or (ii) replace or modify the Product to make it non-infringing; or (iii) immediately terminate this Agreement on written notice to Licensee, in which case SOLACE will refund to Licensee, on a pro-rata basis, any pre-paid fees in respect to such Product from the date of such termination to the end of the then current Subscription Term for such Product; and this Section 8.2(c) states the sole and exclusive remedy of Licensee and the entire liability of SOLACE for third party infringement claims and actions.
8.3 Indemnification Procedures. Each Party’s obligations under this Article 8 are contingent on all of the following: (i) the Party seeking the indemnity (the “Indemnified Party”) must notify the other Party (the “Indemnifying Party”), in a timely manner and in writing of the Claim; (ii) the Indemnified Party must give the Indemnifying Party sole control over defense and settlement of the Claim; (iii) the Indemnified Party must provide the Indemnifying Party with reasonable information and assistance, at the Indemnifying Party’s request, as needed in defending the Claim (the Indemnifying Party will reimburse the Indemnified Party for reasonable expenses that the Indemnified Party incurs in providing that assistance). The Indemnified Party may choose to have its counsel, monitor or participate in the defense of such a Claim provided that the Indemnified Party will be responsible for the cost of its own counsel and the Indemnifying Party’s obligations in this Article 8 do not extend to the Indemnified Party’s legal costs should it wish to exercise such right. The Indemnifying Party will not be responsible for any settlement made by the Indemnified
Claim without the Indemnified Party’s prior written consent.
9 LIMITATIONS OF LIABILITY.
9.1 Definition and Limitations of Liability.
(a) In this Agreement: “Claim” means any actual, threatened or potential civil, criminal, administrative, regulatory, arbitral or investigative demand, allegation, action, suit, investigation or proceeding or any other claim or demand; and “Losses” means any and all damages, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants and other experts and professionals or other reasonable fees and expenses of litigation or other proceedings or of any Claim, default or assessment).
(b) SUBJECT TO SECTION 9.1(d), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SOLACE INDEMNITEES BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR (B) ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, IN EACH CASE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO USE, THE PRODUCTS; EVEN IF SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER THE SOLACE INDEMNITIEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) SUBJECT TO SECTION 9.1(d), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOLACE INDEMNITEES’ TOTAL AGGREGATE LIABILITY IN RESPECT OF THIS AGREEMENT, INCLUDING THE PRODUCTS AND ANY SERVICES THAT MAY BE PROVIDED HEREUNDER, FOR ANY AND ALL LOSSES AND CLAIMS EXCEED THE AMOUNTS PAID TO SOLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(d) Certain Damages Not Excluded or Limited. NOTWITHSTANDING THE FOREGOING, SECTIONS 9.1 (b) AND (c) DO NOT APPLY TO (I) DAMAGES ARISING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, (II) INDEMNIFICATION CLAIMS, (III) DAMAGES ARISING FROM INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS; (IV) ANY CLAIMS FOR NON-PAYMENT, (V) FRAUD OR WILLFUL MISCONDUCT, OR (VI) BODILY INJURY OR DEATH.
(e) This Article 9 will apply irrespective of the nature of the cause of action, demand or Claim, including, breach of contract (including fundamental breach), negligence (including gross negligence), tort or any other legal theory, and will survive a fundamental breach or breaches of this Agreement or of any remedy contained herein.
10 TERM AND TERMINATION.
until the expiry of the Subscription Term set out in the Order or the Agreement terminates in accordance with its terms. Subject to payment of the applicable Software Fees, Software Subscriptions shall automatically renew for additional periods equal to the expiring Subscription Term or one (1) year (whichever is shorter), unless either party gives the other notice of non- renewal at least thirty (30) days prior to the end of the then-current Subscription Term. The Subscription Fees during any automatic renewal term will be as set forth in the applicable Order.
10.2 Termination for Cause. A party may terminate this Agreement for cause (i) upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
10.3 Termination by SOLACE. SOLACE may terminate this Agreement for cause with immediate effect on written notice if Licensee commits a breach of Articles 4 or 5 by Licensee.
10.4 Termination of Sample Application and Evaluation Software Release Licenses for Convenience by SOLACE. SOLACE may terminate the licenses in respect to the Sample Applications, Evaluation Software Releases, and any other Products that may be licensed by SOLACE on a trial basis, at any time for convenience, upon written notice to Licensee.
10.5 Termination of Licenses of Trial Software. Subject to Section 10.4, if any Software is licensed for use by a Licensee on a trial basis, the license to use such Software during a trial period will continue for such duration set out in an Order.
10.6 Effects of Termination. Upon termination or expiry of this Agreement or specific licenses granted hereunder for any reason, and without limiting SOLACE’s other rights or remedies under this Agreement: (a) Licensee must permanently delete or destroy, or otherwise purge, all copies (electronic or otherwise) of the applicable Products from Licensee’s systems, and any other Confidential Information of SOLACE, in Licensee’s possession or control, and, if requested by SOLACE, certify the same, and the license and other rights granted to Licensee in this Agreement will terminate; (b) termination or expiration of this Agreement or an individual Subscription will result in termination of any applicable Support and Maintenance Services; and (c) Licensee will not receive a return of any pre-paid fees in respect to the applicable Products, on a pro-rata basis or otherwise, except where expressly stated in this Agreement.
10.7 Survival. Neither the expiration nor the earlier termination of this Agreement will release either of the Parties from any obligation or liability that accrued prior to such expiration or termination. The provisions of this Agreement requiring performance or fulfilment after the expiration or earlier termination of this Agreement, including Articles 4, 5, 7, 8, 9, 10, 11, 12, and 13, and such other provisions as are necessary for the interpretation thereof and any other provisions hereof, the nature and intent of which is to survive termination or expiration of this Agreement, will survive the expiration or earlier termination of this Agreement.
11 AUDIT AND REMEDIATION
11.1 Audit. During the term of this Agreement and for two years thereafter, SOLACE or any internal or external audit representative acting on behalf of SOLACE (the “SOLACE Audit Representatives”)
regular business hours and upon reasonable prior written notice to Licensee, to audit and inspect on a mutually agreed upon date and location any system or facility or part of a system or facility to which Licensee has downloaded the Software or is receiving any services (or both) in order to verify the performance by Licensee of its obligations under this Agreement, including the Licensee’s usage of the Products in accordance with the restrictions and terms in this Agreement.
11.2 Remediation. Without limiting SOLACE’s rights and remedies under this Agreement, if an audit conducted pursuant to this Agreement reveals any error, deficiency or other failure to perform on the part of Licensee including use of the Software contrary to the licenses in this Agreement or installed on systems, computers or processors for which the Licensee has not paid applicable Subscription Fees: (a) Licensee will immediately pay to SOLACE any fees due and payable for Software used in breach of the restrictions in this Agreement, plus interest at the lesser of: (i) the rate of 1.5 percent per month compounded monthly (19.562 percent per annum); or (ii) the maximum rate allowed by applicable law, in each case, on the amount outstanding from the date when payment is due until the date payment in full is received by SOLACE; and (b) pursue any other right or remedy SOLACE may have under this Agreement.
12 EXPORT COMPLIANCE ASSURANCES
(a) All Products obtained from SOLACE are subject to the export control and economic sanctions laws and regulations of Canada, including the Exports and Import Permits Act, R.S.C. 1985, c. E-19, Area Control List, Export Control List, and the United States, including the Export Administration Regulations (“EAR”, 15 CFR 730 et seq., http://www.bis.doc.gov/) administered by the Department of Commerce, Bureau of Industry and Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq., http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of Treasury, Office of Foreign Assets Control (“OFAC”), each as may be amended and updated from time to time.
(b) Licensee will not, and will ensure that Licensee will not directly or indirectly export, re- export, transfer or release (collectively, “export”) any Products to any destination, person, entity or end use prohibited or restricted under Canadian or US law, or the laws of the jurisdiction in which Licensee is resident or in which Licensee uses the Products, without prior government or regulatory authorization to the extent required by applicable laws and regulations.
(c) The US government maintains embargoes and sanctions against the countries listed in Country Groups E:1/2 of the EAR (Supplement 1 to part 740), including, as at the Effective Date, Cuba, Iran, North Korea, Sudan and Syria, as amended from time to time. Licensee will not directly or indirectly employ any Product received from SOLACE in missile technology, sensitive nuclear or chemical biological weapons activities, or in any manner knowingly transfer any Product to any party for any such end use. Licensee will not export Products listed in Supplement 2 to part 744 of the EAR for military end-uses, as defined in part 744.21, to the People’s Republic of China. Licensee will not transfer any Product to any party listed on any of the denied parties lists or specially designated nationals lists maintained under said regulations without appropriate US government authorization to the extent required by regulation. Licensee acknowledge that other countries may have
trade laws pertaining to import, use, export or distribution of Products, and that compliance with same is Licensee responsibility.
(d) Licensee may not use the Products if Licensee is barred from receiving the Products under the laws of Canada, the United States or any other country including the country in which Licensee are resident or in which Licensee use the Products.
13 GENERAL
13.1 U.S. Government Users. If Licensee are acting on behalf of an agency or instrumentality of the U.S. federal government, the Product, as applicable, are “commercial computer software” and “commercial computer software documentation” developed exclusively at private expense by SOLACE. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Products is governed by the terms of this Agreement.
13.2 Entire Agreement. This Agreement, and the agreements and other documents required to be delivered pursuant to this Agreement, constitute the entire and exclusive agreement between SOLACE and Licensee, and sets out all the covenants, promises, warranties, representations, conditions and agreements between the Parties in connection with the subject matter of this Agreement, and supersedes all prior agreements (whether written or oral, pre-contractual or otherwise) and other communications between SOLACE and Licensee. There are no covenants, promises, warranties, representations, conditions or other agreements, whether oral or written, pre-contractual or otherwise, express, implied or collateral, whether statutory or otherwise, between the Parties in connection with the subject matter of this Agreement except as specifically set forth in this Agreement and any document required to be delivered pursuant to this Agreement.
13.3 Amendments. This Agreement may be modified only by a written amendment agreed to by both Licensee and SOLACE, except that SOLACE may modify the Documentation from time to time, provided that SOLACE does not materially lessen the description of the functionality of the Products as a result of such modification.
13.4 English Language. This Agreement is entered into solely in the English language, and if for any reason any other language version is prepared by any Party, it will be solely for convenience and the English version will govern and control in all respects. If Licensee are located in the province of Quebec, Canada, the following applies: The Parties hereby confirm they have requested this Agreement and all related documents be prepared in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
13.5 Waiver. To be effective, any waiver by a Party of any of its rights or any other Party’s obligations under this Agreement must be made in a writing signed by the Party to be charged with the waiver. No failure or forbearance by any Party to insist upon or enforce performance by any other Party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at law or in equity will be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect. A Party’s waiver
of a breach of any term will not be a waiver of any subsequent breach of the same or another term.
13.6 Cumulative Rights. The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder will preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.
13.7 Severability. If, in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, the provision will, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition or unenforceability without invalidating the remaining provisions of this Agreement and without affecting the validity or enforceability of such provision in any other jurisdiction, or without affecting its application to other Parties or circumstances.
13.8 Assignment. SOLACE may assign this Agreement or any of the benefits, rights or obligations under this Agreement without the prior written consent of the Licensee. Licensee may not assign this Agreement or any of the benefits, rights or obligations under this Agreement without the prior written consent of SOLACE. Any attempt by Licensee to so assign or transfer is null and void. If SOLACE does consent to an assignment of this Agreement, the transferee/assignee must be acceptable to SOLACE and agree to the terms and conditions of this Agreement.
13.9 Further Assurances. The Parties will, with reasonable diligence, do all things and provide all such reasonable assurances as may be required to consummate the transactions contemplated by this Agreement, and each Party will provide such further documents or instruments required by any other Party as may be reasonably necessary or desirable to effect the purpose of this Agreement and carry out its provisions.
13.10 Governing Law and Jurisdiction. This Agreement is governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of laws provisions. Any Claim arising out of or related to this Agreement must be brought exclusively in a federal or provincial court located in Ottawa, Canada, and Licensee hereby consents to the jurisdiction and venue of such courts. Each of the Parties irrevocably waives, to the fullest extent it may effectively do so, the defence of an inconvenient forum to the maintenance of such action, application or proceeding. The Parties will not raise any objection to the venue of any action, application, reference or other proceeding arising out of or related to this Agreement in the federal or provincial courts sitting in Ottawa, including the objection that the proceedings have been brought in an inconvenient forum. A final judgment in any such action, application or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner specified by law. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and will not apply.
Software for Open Models License (SOM)
Version 1.0 dated August 30th, 2023
This license governs use of the accompanying Software. If you use the Software, you accept this license. If you do not accept the license, do not use the Software.
This license is intended to encourage open release of models created, modified, processed, or otherwise used via the Software under open licensing terms, and should be interpreted in light of that intent.
1. Definitions
The “Licensor” is the person or entity who is making the Software available under this license. “Software” is the software made available by Licensor under this license.
A “Model” is the output of a machine learning algorithm, and excludes the Software.
“Model Source Materials” must include the Model and model weights, and may include any input data, input data descriptions, documentation or training descriptions for the Model.
“Open Licensing Terms” means: (a) any open source license approved by the Open Source Initiative, or (b) any other terms that make the Model Source Materials publicly available free of charge, and allow recipients to use, modify and distribute the Model Source Materials. Terms described in (b) may include reasonable restrictions such as non-commercial or non-production limitations, or require use in compliance with law.
2. Grant of Rights. Subject to the conditions and limitations in section 3:
(A) Copyright Grant. Licensor grants you a non-exclusive, worldwide, royalty-free copyright license to copy, modify, and distribute the Software and any modifications of the Software you create under this license. The foregoing license includes without limitation the right to create, modify, and use Models using this Software.
(B) Patent Grant. Licensor grants you a non-exclusive, worldwide, royalty-free license, under any patents owned or controlled by Licensor, to make, have made, use, sell, offer for sale, import, or otherwise exploit the Software. No license is granted to patent rights that are not embodied in the operation of the Software in the form provided by Licensor.
3. Conditions and Limitations
(A) Model Licensing and Access. If you use the Software to create, modify, process, or otherwise use any Model, including usage to create inferences with a Model, whether or not you make the Model available to others, you must make that Model Source Materials publicly available under Open Licensing Terms.
(B) No Re-Licensing. If you redistribute the Software, or modifications to the Software made under the license granted above, you must make it available only under the terms of this license. You may offer additional terms such as warranties, maintenance and support, but You, and not Licensor, are responsible for performing such terms.
(C) No Trademark License. This license does not grant you rights to use the Licensor’s name, logo, or trademarks.
(D) If you assert in writing a claim against any person or entity alleging that the use of the Software infringes any patent, all of your licenses to the Software under Section 2 end automatically as of the date you asserted the claim.
(E) If you distribute any portion of the Software, you must retain all copyright, patent, trademark, and attribution notices that are present in the Software, and you must include a copy of this license.
(F) The Software is licensed “as-is.” You bear the entire risk of using it. Licensor gives You no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this license cannot change. To the extent permitted under your local laws, the Licensor disclaims and excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent this disclaimer is unlawful, you, and not Licensor, are responsible for any liability.
SONAR Source-Available License v1.0
Last Updated November 13, 2024
1. DEFINITIONS
"Agreement" means this Sonar Source-Available License v1.0
"Competing" means marketing a product or service as a substitute for the
functionality or value of SonarQube. A product or service may compete regardless
of how it is designed or deployed. For example, a product or service may compete
even if it provides its functionality via any kind of interface (including
services, libraries, or plug-ins), even if it is ported to a different platform
or programming language, and even if it is provided free of charge.
"Contribution" means:
a) in the case of the initial Contributor, the initial content Distributed under
this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
Distributed by that particular Contributor. A Contribution "originates" from a
Contributor if it was added to the Program by such Contributor itself or anyone
acting on such Contributor's behalf. Contributions do not include changes or
additions to the Program that are not Modified Works.
"Contributor" means any person or entity that Distributes the Program.
"Derivative Works" shall mean any work, whether in Source Code or other form,
that is based on (or derived from) the Program and for which the editorial
revisions, annotations, elaborations, or other modifications represent, as a
whole, an original work of authorship.
"Distribute" means the acts of a) distributing or b) making available in any
manner that enables the transfer of a copy.
"Licensed Patents" mean patent claims licensable by a Contributor that are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Modified Works" shall mean any work in Source Code or other form that results
from an addition to, deletion from, or modification of the contents of the
Program, including, for purposes of clarity, any new file in Source Code form
that contains any contents of the Program. Modified Works shall not include
works that contain only declarations, interfaces, types, classes, structures, or
files of the Program solely in each case in order to link to, bind by name, or
subclass the Program or Modified Works thereof.
"Non-competitive Purpose" means any purpose except for (a) providing to others
any product or service that includes or offers the same or substantially similar
functionality as SonarQube, (b) Competing with SonarQube, and/or (c) employing,
using, or engaging artificial intelligence technology that is not part of the
Program to ingest, interpret, analyze, train on, or interact with the data
provided by the Program, or to engage with the Program in any manner.
"Notices" means any legal statements or attributions included with the Program,
including, without limitation, statements concerning copyright, patent,
trademark, disclaimers of warranty, or limitations of liability
"Program" means the Contributions Distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including Contributors.
"SonarQube" means an open-source or commercial edition of software offered by
SonarSource that is branded "SonarQube".
"SonarSource" means SonarSource SA, a Swiss company registered in Switzerland
under UID No. CHE-114.587.664.
"Source Code" means the form of a Program preferred for making modifications,
including but not limited to software source code, documentation source, and
configuration files.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license, for any
Non-competitive Purpose, to reproduce, prepare Derivative Works of, publicly
display, publicly perform, Distribute and sublicense the Contribution of such
Contributor, if any, and such Derivative Works.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
Patents, for any Non-competitive Purpose, to make, use, sell, offer to sell,
import, and otherwise transfer the Contribution of such Contributor, if any, in
Source Code or other form. This patent license shall apply to the combination of
the Contribution and the Program if, at the time the Contribution is added by
the Contributor, such addition of the Contribution causes such combination to be
covered by the Licensed Patents. The patent license shall not apply to any other
combinations that include the Contribution.
c) Recipient understands that although each Contributor grants the licenses to
its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other intellectual
property rights of any other entity. Each Contributor disclaims any liability to
Recipient for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed, if any.
For example, if a third-party patent license is required to allow Recipient to
Distribute the Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright
rights in its Contribution, if any, to grant the copyright license set forth in
this Agreement.
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then the Program must
also be made available as Source Code, in accordance with section 3.2, and the
Contributor must accompany the Program with a statement that the Source Code for
the Program is available under this Agreement, and inform Recipients how to
obtain it in a reasonable manner on or through a medium customarily used for
software exchange; and
3.2 When the Program is Distributed as Source Code:
a) it must be made available under this Agreement, and
b) a copy of this Agreement must be included with each copy of the Program.
3.3 Contributors may not remove or alter any Notices contained within the
Program from any copy of the Program which they Distribute, provided that
Contributors may add their own appropriate Notices.
4. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
responsible for determining the appropriateness of using and distributing the
Program and assumes all risks associated with its exercise of rights under this
Agreement, including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or
equipment, and unavailability or interruption of operations.
5. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF
THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
6. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program itself
(excluding combinations of the Program with other software or hardware)
infringes such Recipient’s patent(s), then such Recipient’s rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient’s rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient’s rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient’s obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue and
survive.
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
no rights or licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel, or otherwise. All rights
in the Program not expressly granted under this Agreement are reserved. Nothing
in this Agreement is intended to be enforceable by any entity that is not a
Contributor or Recipient. No third-party beneficiary rights are created under
this Agreement.
Freedom to use these sources for whatever you want, as long as credit
is given where credit is due, is hereby granted. You may make modifications
where you see fit but leave this copyright somewhere visible. As well, try
to initial any changes you make so that if I like the changes I can
incorporate them into later versions.
The Sourcegraph Enterprise license (the “Enterprise License”)
With regard to the Sourcegraph Software:
This software and associated documentation files (the "Software") may only be
used in production, if you (and any entity that you represent) have agreed to,
and are in compliance with, the Sourcegraph Terms of Service, available
at https://about.sourcegraph.com/terms (the “Enterprise Terms”), or other
agreement governing the use of the Software, as agreed by you and Sourcegraph,
and otherwise have a valid Sourcegraph Enterprise subscription for the
correct number of user seats. Subject to the foregoing sentence, you are free to
modify this Software and publish patches to the Software. You agree that Sourcegraph
and/or its licensors (as applicable) retain all right, title and interest in and
to all such modifications and/or patches, and all such modifications and/or
patches may only be used, copied, modified, displayed, distributed, or otherwise
exploited with a valid Sourcegraph Enterprise subscription for the correct
number of user seats. Notwithstanding the foregoing, you may copy and modify
the Software for development and testing purposes, without requiring a
subscription. You agree that Sourcegraph and/or its licensors (as applicable) retain
all right, title and interest in and to all such modifications. You are not
granted any other rights beyond what is expressly stated herein. Subject to the
foregoing, it is forbidden to copy, merge, publish, distribute, sublicense,
and/or sell the Software.
The full text of this Enterprise License shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
For all third party components incorporated into the Sourcegraph Software, those
components are licensed under the original license provided by the owner of the
applicable component.
License Agreement
This is a legal agreement between You, the User of the Spark application
("The Software"), and Jive Software ("Jive Software"). By downloading the Software,
you agree to be bound by the terms of this agreement.
All ownership and copyright of the images and icons included in the Software
distribution remain the property of Jive Software and INCORS GmbH. Jive Software
grants to you a nonexclusive, non-sublicensable right to use the icons royalty-free
as part of Spark.
You may not lease, license or sub-license the icons, or a subset of the icons,
or any modified icons to any third party. You may not incorporate them into your
own software or design products.
All icon files are provided "As is" without warranties of merchantability and
fitness for a particular purpose. You agree to hold Jive Software harmless for
any result that may occur during the course of using the licensed icons.
This License Agreement shall be governed and construed in accordance with the
laws of Oregon. If any provision of this License Agreement is held to be
unenforceable, this License Agreement will remain in effect with the provision
omitted.
Copyright, License, and Disclaimer
The following copyright, license and disclaimer applies to the distributed
Sparky source code, documentation and binaries.
Copyright (c) 2009, The Regents of the University of California.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Redistributions must acknowledge that this software was
originally developed by the UCSF Resource for Biocomputing,
Visualization, and Informatics under support by the NIH
National Center for Research Resources, grant P41-RR01081.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The SpeechWorks Public License - Software, Version 1.1
Copyright (c) 2000-2001, SpeechWorks International, Inc.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of Speech Works International, Inc. ("SWI") nor
the names of its contributors may be used to endorse or promote
products derived from this software without specific prior written
permission. For written permission contact Director, Product
Management, SpeechWorks International, Inc., 695 Atlantic Ave.,
Boston, MA 02110.
* Products derived from the software may not be called "SpeechWorks",
nor may "SpeechWorks" appear in their name, without prior written
permission of SWI.
Addional information regarding the use of this software may be noted in the
README.html file contained in this package.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL SWI OR ITS CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
In addition, as a special exception, Dom Lachowicz
gives permission to link the code of this program with
non-LGPL Spelling Provider libraries (eg: a MSFT Office
spell checker backend) and distribute linked combinations including
the two. You must obey the GNU Lesser General Public License in all
respects for all of the code used other than said providers. If you modify
this file, you may extend this exception to your version of the
file, but you are not obligated to do so. If you do not wish to
do so, delete this exception statement from your version.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made
by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof and corresponding documentation released
with the source code.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code"../ means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code"../ means the preferred form of the Covered Code
for
making modifications to it, including all modules it contains, plus
any associated documentation, interface definition files, scripts used
to control compilation and installation of an Executable, or source
code differential comparisons against either the Original Code or
another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is
widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control"../ means (a) the power, direct or indirect,
to
cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce, modify,
display, perform, sublicense and distribute the Original Code (or
portions thereof) with or without Modifications, and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions
thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective
on the date Initial Developer first distributes Original Code under
the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by:
i) the modification of the Original Code or ii) the combination of the
Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent
or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications created
by such Contributor (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code and/or as part of a
Larger Work; and
b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: 1) Modifications made by that Contributor (or
portions thereof); and 2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of such
combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered
Code.
(d) notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version; 3) for
infringements caused by: i) third party modifications of Contributor
Version or ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by
Covered Code in the absence of Modifications made by that
Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six
(6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
"../LEGAL'' which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who
received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface ("API"../) and Contributor has knowledge of patent licenses
which are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications
are Contributor's original creation(s) and/or Contributor has
sufficient rights to grant the rights conveyed by this
License
.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code
not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions
of the License from time to time. Each version will be given a
distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms
of any subsequent version of the License published by Sun. No one
other than Sun has the right to modify the terms applicable to Covered
Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you
may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must: (a) rename Your license so that
the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly
similar phrase do not appear in your license (except to note that your
license differs from this License) and (b) otherwise make it clear
that Your version of the license contains terms which differ from the
Sun Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this
License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declaratory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging
that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all
end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in
48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation,"../ as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
U.S. Government End Users acquire Covered Code with only those rights
set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of,
or an entity chartered or registered to do business in the United
States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County,
California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.
Exhibit A -Sun Public License Notice.
The contents of this file are subject to the Sun Public License
Version 1.0 (the License); you may not use this file except in
compliance with the License. A copy of the License is available at
http://www.sun.com/
The Original Code is . The Initial Developer of the
Original Code is . Portions created by are Copyright
(C) . All Rights Reserved.
Contributor(s): .
Alternatively, the contents of this file may be used under the terms
of the license (the ?[ ] License?), in which case the
provisions of [ ] License are applicable instead of those above.
If you wish to allow use of your version of this file only under the
terms of the [ ] License and not to allow others to use your
version of this file under the SPL, indicate your decision by deleting
the provisions above and replace them with the notice and other
provisions required by the [ ] License. If you do not delete the
provisions above, a recipient may use your version of this file under
either the SPL or the [ ] License.
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
End User License Agreement for Third-Party Content
READ CAREFULLY: LICENSOR LICENSES THIS PROGRAM, TOOL, PLUG-IN, ADD-ON, APPLICATION, LIBRARY, CONTENT, DATA, SOLUTION, SERVICE OR OTHER ITEM OR MATERIAL (THE "CONTENT") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("AGREEMENT").
Splunk Apps hosts certain content created and published by individuals and entities other than Splunk Inc. or its affiliates ("Splunk"). Such third-party content made available through Splunk Apps are licensed, not sold, to you. Your license to each content that you obtain through Splunk Apps is subject to your prior acceptance of this End User License Agreement, and you agree that the terms of this Agreement will apply to each Content that you license through Splunk Apps.
Responsibility. If you are downloading, accessing or using the Content provided or authored by a third-party developer or provider, this Agreement is solely between the developer or provider of the Content ("Licensor") and you, and not with Splunk. Licensor, and not Splunk, is solely responsible for the Content, including, without limitation, for any warranties, maintenance and support, notices and consents to be given to Users. You agree to foregoing even if the Content has been examined against best practices for Splunk development, deemed cloud compatible or otherwise vetted by Splunk. Notwithstanding the above, you acknowledge that Splunk is a third-party beneficiary of this Agreement and that upon your acceptance of the terms of this Agreement, Splunk will have the right to enforce the Agreement against you as a third-party beneficiary thereof. Questions, complaints or claims with respect to the Content should be directed solely to the Licensor, whose contact information can be found on the Content Download Page from which the Content is downloaded.
Qualified User. The Content is to be used only in conjunction with the specific Splunk software product or service identified in materials distributed with the Content, with which such Content was designed to operate ("Splunk Software"). Therefore, you may use the Content only if you are an authorized user of the Splunk Software. This Agreement does not modify or alter the terms of the software license agreement delivered with the Splunk Software.
License. Subject to the terms and conditions of this Agreement, Licensor grants to you a license to download and use the Content in connection with the Splunk Software.
Warranty. THE CONTENT IS FURNISHED ON AN "AS IS" BASIS, AND LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LICENSOR SPECIFICALLY DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OF THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, ACCURATE, USEFUL, RELIABLE, OR COMPLETE; OR THAT ALL ERRORS OR DEFECTS IN THE CONTENT WILL BE CORRECTED. NEITHER SPLUNK NOR LICENSOR SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE CONTENT. YOU USE THE CONTENT AT YOUR OWN RISK.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SPLUNK OR LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, FOR LOSS OF PROFITS, USE, REVENUE, OR DATA OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY) ARISING OUT OF OR IN CONNECTION WITH USE OF THE CONTENT, WHETHER OR NOT SPLUNK OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE LIABILITY OF SPLUNK OR LICENSOR ARISING OUT OF OR RELATING TO THE CONTENT WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU (IF ANY) FOR SUCH CONTENT.
General. This Agreement will be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States, without reference to the conflicts-of-laws rules thereof). The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement. This Agreement constitutes the entire agreement between Licensor and you with respect to the Content and may not be modified except by a written instrument executed by you and an authorized representative of Licensor.
Splunk MINT Terms of Service
Last revised: April 16, 2018
These Splunk MINT Terms of Service between you and Splunk Inc., a Delaware corporation (“Splunk”), as updated from time to time, and together with the documents and policies referred to herein (collectively, the “Agreement”), govern your access to and use of the Service. By accessing or using the Service in any manner, you are agreeing to the Agreement.
In this Agreement, “Splunk,” “we,” “us,” and “our” refers to Splunk Inc., a Delaware corporation, and “Customer,” “you,” and “your” refers to the entity on whose behalf you are entering into this Agreement or, if there is no such entity, you as an individual. Section 20 contains definitions of other terms that are capitalized in this Agreement.
By clicking on the “I accept” button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement by creating an account with us or otherwise using the Site or any of the Services, or by downloading, installing, accessing, or otherwise copying or using all or any portion of the Software, (i) you accept this Agreement on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by this Agreement or, if there is no such entity for which you are authorized to act, you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) and yourself. Also, to enter into this Agreement and thereby use the Site, Services and Software, you as an individual must be at least 18 years old. Accordingly, you represent and warrant that you are at least 18 years old.
IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, OR IF YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY OR YOURSELF AS AN INDIVIDUAL (IF THERE IS NO SUCH ENTITY), DO NOT SELECT THE “I ACCEPT” BUTTON OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT, DO NOT USE ANY OF THE SPLUNK MATERIALS, AND DO NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE COPY OR USE ALL OR ANY PORTION OF THE SOFTWARE. THE SPLUNK MATERIALS ARE BEING LICENSED AND NOT SOLD TO YOU. SPLUNK PERMITS YOU TO DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE COPY OR USE THE SPLUNK MATERIALS (INCLUDING THE FUNCTIONALITY OR FEATURES THEREOF) ONLY IN ACCORDANCE WITH THIS AGREEMENT.
1. Registration.
Customer may be required to register and establish an account in order to access and use Splunk Materials. If so, Customer must: (i) provide true, accurate, current and complete information on the applicable registration form (collectively, the “Registration Data”) and (ii) maintain and promptly update the Registration Data to ensure that it remains true, accurate, current and complete. If we have reasonable grounds to suspect that your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and/or disable and prohibit any and all current or future access to and use of all or any portion of the Splunk Materials by you. Customer must provide a valid email address for each person authorized to use Customer’s account. Each person who uses the Service must have a separate username and password. Customer must provide any other information requested by Splunk in order to complete the registration process. Customer will maintain (and is responsible for maintaining) the confidentiality of the user name, password and other Registration Data associated with its account. Customer may not share Customer passwords or access codes with a third party. Customer is responsible for any access and use of the Splunk Materials via Customer’s or its User’s accounts and for all activities that occur in connection with Customer’s or its User’s accounts, regardless of whether the activities were undertaken by Customer, its User, or a third party. Splunk will not be liable for any loss or damage arising from Customer’s (or one or more of its User’s) failure to comply with this Section, including any loss or damage arising from the failure to (a) maintain the confidentiality of a user name, password or other Registration Data, (b) immediately notify Splunk of any unauthorized access to or use of Customer’s password or account or any other breach of security, and (c) ensure that Customer exits from its account at the end of each session. Customer agrees to notify Splunk immediately if it believes that an unauthorized third party may be using Customer’s account or if Customer’s account information is lost or stolen. Customer is solely responsible for its Users’ compliance with the Agreement.
2. Service.
Splunk will make the Service available to you during the term of this Agreement. Subject to and conditioned on Customer’s continuing compliance with the terms and conditions of this Agreement, Customer may (i) access and use the Site and the Services in accordance with the Documentation and this Agreement and in connection with Customer’s use of the designated Splunk software product or service, and (ii) access and use the results, reports and other information generated with respect to the performance of the Customer App that is made available to Customer through the Services (including copies of such results, reports and other information), in each case to monitor, maintain and improve the Customer App. Customer is responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Service and for paying all charges related thereto, including, without limitation, Internet service provider fees, telecommunications fees, and the costs of any equipment and third-party software (including, without limitation, encryption and other security technology).
3. Software.
3.1. License to Software. Access to the Service may require or allow for use of one or more Software applications offered by Splunk. Use of all Software is subject to the end user license agreement provided or referenced by Splunk in connection with such Software. In the case of the Splunk SDK, the following would apply: Subject to and conditioned on Customer’s continuing compliance with the terms and conditions of this Agreement, including without limitation compliance with the obligations regarding the End User Requirements, Splunk hereby grants Customer a non-exclusive, limited, non-transferable, revocable, royalty-free license (without the right to sublicense except as expressly permitted by this Section) to: (i) install, use, and copy the Splunk SDK for the purpose of debugging, monitoring, developing and operating the Customer App, and (ii) include the Splunk SDK in the Customer App and distribute to End Users (directly or indirectly in accordance with Customer’s regular distribution channels for the Customer App) the Splunk SDK as contained within the Customer App. Unless otherwise stated on the download page, this license to the Splunk SDK is perpetual, but you may not be able to view data or results generated by the Splunk SDK if the Service is terminated or expired.
3.2. End User Requirements. For each distribution and copy of the Customer App that contains the Splunk SDK, Customer will require the applicable End User to enter into a legally binding license agreement with Customer that, at a minimum, complies with the following criteria (“End User Requirements”): (a) limits the license grant to use of the Customer App by the End User on the applicable mobile device(s) on a specified mobile platform or on applicable web browsers; (b) disclaims all warranties by and on behalf of Splunk; (c) limits all liabilities of Splunk; (d) prohibits decompilation and other reverse engineering of the Splunk Materials; (e) provides that Customer will protect the privacy and legal rights of End Users under all applicable laws and regulations, which includes communicating a legally adequate privacy notice; (f) notifies End Users that certain information will be made available to Customer, Splunk and other entities and that additional charges (e.g., data usage charges) may be incurred by End Users (e.g., in the transmission of such information) by their mobile service providers or internet service providers; (g) obtains sufficient authorization from End Users to transfer such information to Customer, Splunk and other entities and to permit the storage and processing of such information; and (h) otherwise obtains and maintains any required consents from End Users to allow Splunk (including its service providers) to provide or have provided the Services, including without limitation consent for Customer, Splunk and other entities to access, monitor, use and disclose End User data. In the license agreement with End Users, Customer will not refer to Splunk by name or with other identifying information; instead, Customer will address the End User Requirements by referring to its “suppliers,” “licensors” and “service providers” (or using similar words that refer to Splunk).
4. License Restrictions.
Except as expressly permitted in this Agreement or by Splunk, Customer may not, and will not permit any third party to: (a) copy or modify, translate, or create any derivative works of all or any portion of the Splunk Materials; (b) reverse engineer (except and only to the extent specifically allowed by law), decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, algorithms, methods, or techniques used or embodied in the Splunk Materials; (c) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Splunk Materials or any rights granted in this Agreement to any other person or legal entity; (d) use the Splunk Materials for timesharing, or service bureau purposes, or for any purpose other than its own internal business purposes; (e) access or use the Splunk Materials in order to monitor its availability, performance, or functionality for the purpose of developing a competing or similar product or services; (f) remove, circumvent, disable, damage or otherwise interfere with any security features of the Splunk Materials; (g) gain or attempt to gain unauthorized access to the Site or the Service (in whole or in part), other accounts, computer systems, or networks related to the Site or the Service (whether through hacking, password mining or any other means); (h) remove, alter, or obscure any copyright, trademark, confidentiality or proprietary or other notices, labels, or marks from or on the Splunk Materials; (i) interfere with or disrupt the Service, or servers or networks connected to any website through which the Service is provided; (j) use Splunk SDKs to send data to a location other than the Service or Splunk; or (k) use the Service other than in accordance with this Agreement and in compliance with all applicable laws and regulations (including, but not limited to, any applicable privacy laws and intellectual property laws). Splunk has the right (but not the obligation) to monitor Customer’s usage of the Service to verify compliance with this Agreement.
5. Splunk Ownership.
Splunk and/or its suppliers, licensors and service providers own all worldwide right, title and interest in and to the Splunk Materials, including all worldwide patent rights; copyright rights (including those with respect to computer software, software design, software code, software architecture, programming tools, graphical user interfaces, applications programming interfaces, reports, dashboards, templates, business rules, use cases, screens, alerts, notifications, drawings, specifications and databases); trade secrets and other rights with respect to confidential or proprietary information; know-how; other rights with respect to inventions, discoveries, ideas, improvements, techniques, formulae, algorithms, processes, schematics, testing procedures, technical information and other technology; and any other intellectual property and proprietary rights, whether or not subject to registration; and all rights under any license or other arrangement with respect to the foregoing. Except as expressly stated in this Agreement, Splunk does not grant Customer any license or other rights under or with respect to any intellectual property rights in the Splunk Materials; all right, title, and interest in and to the Splunk Materials not expressly granted in this Agreement remain with Splunk and/or its suppliers, licensors and service providers; and no license or other rights with respect to the Splunk Materials or related intellectual property rights shall be implied. “Splunk” and related trademarks and service marks (including related graphics and logos) and trade names used on or in the Splunk Materials are the trademarks or service marks of Splunk, and Customer may not use, or authorize the use of, such trademarks, service marks or trade names without Splunk’s written permission (whether in connection with any products or services or otherwise). Other trademarks, service marks, and trade names that may appear on or in the Splunk Materials are the property of their respective owners.
6. Customer Content; Responsibilities
6.1. Representations. By submitting or transmitting Customer Content on or through the Site or the Service, Customer acknowledges and represents that: (a) Customer is the owner of Customer Content and/or has the requisite rights to submit and distribute Customer Content in connection with the Service and to grant the licenses set forth in this Agreement; (b) Customer Content does not infringe or misappropriate any intellectual property or proprietary right of any third party or violate any applicable laws, rules or regulations; and (c) any Customer Content provided to Splunk in connection with Customer’s registration for, or use of, the Service is and shall remain true, accurate, and complete.
6.2. License to Customer Content. By submitting or posting Customer Content on areas of the Site or the Service, Customer grants Splunk a worldwide, royalty free, non-exclusive license to access and use such Content on the Site or the Service for the purpose of providing the Service to Customer, responding to Customer’s or Users’ request for technical assistance with respect to the Service or in connection with customer support matters.
6.3. Responsibility for Customer Content. Customer is the owner and/or controller of all of Customer Content that Customer transmits to or uses in connection with the Service. Customer is solely responsible for all Customer Content, including without limitation, for: (a) the accuracy, quality and legal use of Customer Content and the means by which Customer acquired Customer Content (including, without limitation, Customer Data), and (b) taking steps to maintain appropriate security, protection, and backup of Customer Content (which may include the use of encryption technology to protect Customer Content from unauthorized access), and routine archiving of Customer Content. By submitting, transmitting or otherwise making Customer Content available to Splunk and/or others, Customer acknowledges and agrees that: (i) Customer will evaluate and bear all risks associated with Customer Content; (ii) under no circumstances will Splunk be liable in any way for Customer Content, including, but not limited to, any loss or damage, any errors or omissions, or any unauthorized access or use; and (iii) Customer (and not Splunk) is responsible for securing and protecting the confidentiality of Customer Content.
6.4. No Personal or Sensitive Data. Customer agrees not to transmit any personal information to the Site or the Service, as personal information may be defined by applicable law due to the data type, use or location, except in connection with registering and establishing an account with Splunk. Customer acknowledges that Splunk may use third-party service providers in connection with the Service, including, without limitation, the use of cloud computing service providers, which may transmit, maintain and store Customer Data using third-party computers and equipment in locations around the globe. Customer acknowledges that any data storage functionality associated with the Service is not intended for the storage of sensitive personal data. Customer agrees not to upload or otherwise submit any sensitive personal data in connection with the Service. In particular, Customer agrees not to transmit or store within the Service any (i) protected health information, as defined in the Health Insurance Portability and Accountability Act of 1996 (45 C.F.R. § 160.103) as amended and supplemented by the Health Information Technology for Economic and Clinical Health Act, as each is amended from time to time (collectively “HIPAA”), (ii) financial information protected under the Gramm-Leach-Bliley Act, (iii) information protected under the Children’s Online Privacy Protection Act of 1998 (“COPPA”), or (iv) information protected by the International Traffic in Arms Regulations, or export-controlled as provided in Section 19. Customer further agrees that Splunk will have no responsibility or liability with respect to any such sensitive data that is processed, transmitted, disclosed, or stored in connection with the Service. In particular, Customer agrees not to cause, or otherwise request that, Splunk create, receive, maintain or transmit protected health information for or on behalf of Customer in connection with the Service or in any manner that would make Splunk a Business Associate (as defined at 45 C.F.R. § 160.103 of HIPAA) to Customer, and Splunk specifically disclaims any responsibility or obligation to act as a Business Associate. Splunk is not responsible for encryption of Customer Data when stored on the Service. If Customer makes any of its or its End Users’ personally identifiable or other information publicly available on the Site or through the Services, Customer does so at its own risk.
6.5. Security and Protection of Customer Data. Splunk will maintain administrative, physical and technical safeguards to protect the security of Customer Data as described in the Documentation or the Site.
6.6. Splunk’s Right to Remove, Suspend or Terminate. Splunk may remove any Customer Content that is submitted to the Service without notice at any time if we believe, in our sole and absolute discretion, that such Customer Content is excessive in size or exceeds storage limits. Further, if Splunk is made aware or believes in good faith that Customer Content or conduct may (a) violate the Agreement, (b) violate any law, regulation, or rights of a third party, (c) pose a security risk to the Service or any users of the Service, or otherwise adversely impact the Service or the systems, or (d) subject Splunk or any third party to liability, Splunk has the right, but not the obligation, to immediately remove or disable access to such Customer Content and/or suspend or terminate Customer’s access to the Service.
7. Additional Customer Obligations.
Customer will at all times access and use the Splunk Materials (or any content or other materials obtained from or through the Site or the Services) only in accordance with this Agreement and all applicable laws and regulations. In all circumstances, as a condition to Customer’s access to and use of the Splunk Materials, Customer agrees that it will not access or use the Splunk Materials (or any content or other materials accessed through the Splunk Materials) for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Splunk Materials (or the networks connected to or used for the Site or the Services) or interfere with any other party’s use of the Splunk Materials. Splunk may take whatever steps we believe are appropriate, at our sole discretion, to detect and prevent any such activities. Further, Splunk may take whatever steps we believe are appropriate, at our sole discretion, to enforce or verify compliance with any part of this Agreement (including, without limitation, our right to pursue or cooperate with any legal process relating to Customer’s use of the Splunk Materials or any third party claim that Customer’s use of the Splunk Materials is unlawful or infringes such third party’s rights). If Customer fails to comply with any of the terms and conditions of this Agreement, Customer’s right to use the Splunk Materials automatically terminates. Splunk reserves the right to deny Customer’s access to and use of the Splunk Materials if Customer fails to comply with such terms and conditions or if Customer is the subject of complaints by others.
8. Collection of Information; Privacy.
8.1. Privacy Policy. Customer’s submission of information through the Site and the Services and any other information provided to Splunk, as well as the information Splunk may collect regarding any End User or the Customer App, is governed by Splunk’s privacy policy located at http://www.splunk.com/r/privacy (or such other location as we may designate) (“Privacy Policy”). Notwithstanding anything to the contrary in the Privacy Policy, if you no longer want to receive marketing-related emails from us on a going-forward basis, you may only opt out of receiving them by clicking on the communication preferences link, unsubscribe link, or similar link at the bottom of the email or by emailing us at mobilesupport@splunk.com if no such link is available. The Privacy Policy (as revised from time to time in accordance with its terms) is incorporated into, and considered a part of, this Agreement.
8.2. Notices to Customer and Consent to Electronic Communications. Customer consents to receiving electronic communications and notifications from Splunk in connection with this Agreement and Customer’s use of the Service. Customer agrees that any such communication will satisfy any legal communication requirements, including that such communications be in writing. Splunk may provide Customer with notices regarding the Service, including changes to this Agreement, by email to the email address of Customer’s administrator (and/or other alternate email address associated with Customer account if provided), or by postings on Splunk’s website and/or the Site. Notices that are provided by posting on the Site will be effective three (3) days after posting. Notices that are provided by email will be effective when Splunk sends the email, unless otherwise noted in that email. Customer will be deemed to have received any email sent to the email address then associated with Customer’s account when Splunk sends the email, whether or not Customer actually receives the email.
9. Feedback.
In the event that Customer provides any Feedback to Splunk (including through the Site or the Services), Customer hereby grants to Splunk a perpetual, irrevocable, world-wide, royalty free, fully paid-up, unrestricted right and license to use, make, have made, offer for sale, sell, copy, distribute (through multiple tiers of distribution), publicly perform or display, import, export, transmit, create derivative works of, and otherwise exploit such Feedback as part of or in connection with any Splunk product, service, technology, content, material, specification or documentation, in any manner Splunk deems fit. Splunk, in its sole discretion, may or may not respond to Customer’s Feedback or promise to address all of Customer’s Feedback in the development of future features or functionalities of the Splunk Materials or any related or subsequent versions of the Splunk Materials.
10. Third-Party Content.
The Site and the Services may contain links to other websites, apps or content operated or provided by third parties. Such web sites, apps and content are not under the control of Splunk. Splunk is not responsible for such websites, apps and content or any links contained in any third-party website, app or content. Splunk provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the third-party websites, apps or content. Further, Splunk is not responsible for any content or materials posted on the Site or through the Service by you or our other customers or users of the Site. Any opinions and views stated are those of the individuals making them and do not reflect our opinions and views. Information submitted by others may not be verified or reviewed in any way before it appears on the Site or through the Services. Therefore, we do not warrant the validity or accuracy of any such information. Please use caution and common sense when using the Site or the Services. In no way do we endorse the content or legality of any offers, statements, or promises made by any other parties on or off the Site or as part of or separate from the Services.
11. Confidentiality.
11.1. Confidential Information. The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care). The Receiving Party agrees (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors, and agents who need such access for purposes consistent with this Agreement and who have confidentiality obligations to the Receiving Party containing protections no less stringent than those herein.
11.2. Compelled Disclosure of Confidential Information. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a Party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
12. Warranty Disclaimer.
SPLUNK AND ITS AFFILIATES, AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, PROVIDE THE SITE, SERVICES AND SOFTWARE AS-IS AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ANY QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPLUNK DOES NOT WARRANT THAT THE SITE, SERVICES OR SOFTWARE WILL BE ERROR-FREE, NOR DOES SPLUNK PROVIDE ANY WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE SITE, SERVICES OR SOFTWARE, OR THE INFORMATION PROVIDED ON THE SITE OR BY THE SERVICES. YOU AGREE THAT, AS BETWEEN YOU AND SPLUNK, YOU ARE RESPONSIBLE FOR THE ACCURACY AND QUALITY OF THE DATA PROVIDED BY YOU OR YOUR END USERS TO SPLUNK AND ITS AFFILIATES AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS. Because this disclaimer of warranty may not be valid in some states or jurisdictions, the above disclaimer may not apply to you.
The Splunk Materials, or any feature or part thereof, may not be available for use in all jurisdictions, and Splunk makes no representation that the Splunk Materials, or any feature or part thereof is appropriate or available for use in any particular jurisdiction. To the extent Customer chooses to access and use the Splunk Materials, Customer does so at Customer’s own initiative and at Customer’s own risk, and Customer is responsible for complying with any applicable laws, rules, and regulations.
13. Limitation of Liability.
SPLUNK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “SPLUNK ENTITIES”) SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT, DATA, SECURITY OF DATA, OR LOSS OF OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SPLUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE SPLUNK ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY OR DAMAGES ARISING IN CONNECTION WITH OR RESULTING FROM: (I) CUSTOMER USE OR INABILITY TO USE THE SERVICE, INCLUDING AS A RESULT OF ANY: (A) TERMINATION OR SUSPENSION OF CUSTOMER ACCOUNT, OR (B) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES, OR OTHER INTERRUPTIONS, OR (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS, OR (D) ANY INVESTMENT, EXPENDITURE, OR COMMITMENT BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION OF CUSTOMER CONTENT; (IV) THE DELETION OF, DESTRUCTION, DAMAGE, LOSS, CORRUPTION OF, OR FAILURE TO STORE, SEND OR RECEIVE ANY CUSTOMER CONTENT, TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY CASE, THE AGGREGATE LIABILITY OF THE SPLUNK ENTITIES UNDER THIS AGREEMENT OR ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO US$100. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such a law applies to Customer, some or all of the exclusions or limitations set forth above may not apply to Customer, and Customer may have additional rights. Splunk is acting on behalf of its Affiliates and their licensors, suppliers and service providers for the purpose of disclaiming, excluding and limiting obligations, warranties and liabilities, but in no other respects and for no other purposes.
14. Support; Modification of Site or Services.
Splunk reserves the right at any time and from time to time to modify the Splunk Materials or discontinue, temporarily or permanently, the Site or any of the Services (or any part thereof). Splunk will not be liable to Customer or any other user or other third party for any such modification or discontinuance. If you do not agree to the modification or discontinuance and the modification or discontinuance is material, you may terminate this Agreement by providing us with notice of termination within thirty (30) days after the earlier of (i) the modification or discontinuance or (ii) our notice to you of the modification or discontinuance. On providing notice of termination, you will cease all access to and use of the Splunk Materials and we will have no obligation to provide any further Splunk Materials to you. If Splunk permanently discontinues the Services, and there remains a period for which you have paid fees in advance for access to and use of the Services, we will provide you with a refund or credit (for use with other products or services of Splunk or its affiliates) of a pro rata portion of the fees you paid in advance but unused.
15. Term and Termination; Suspension
15.1. Term. The Agreement will be effective from the earlier of (a) the date this Agreement is accepted by Customer, or (b) the date Customer first accesses or uses the Service (“Effective Date”) and will expire automatically upon the end of the Subscription Term, unless earlier terminated pursuant to this Section 15. If Customer has elected for auto-renewal plan, the Subscription Term and the Agreement will automatically renew for the subscription term upon expiration of the initial or then-current term, unless one party notifies the other of its intent not to renew at least thirty (30) days in advance of the expiration of the Subscription Term or then-current renewal period.
15.2. Termination or Suspension for Cause. Either party may terminate this Agreement for cause, upon thirty (30) days’ advance notice to the other party if there is any breach of this Agreement by the other party, unless the defaulting party has cured the breach within the thirty (30) day notice period. Further, Splunk may terminate Customer’s account and/or suspend or terminate Customer’s access to and use of the Splunk Materials and/or cease providing all or any part of the Site or Services at any time if Splunk determines that such action is appropriate—for example, to (i) prevent errors or any other harm with respect to the Splunk Materials; (ii) mitigate or otherwise limit our damages or our liability; or (iii) respond to applicable law or regulation or any court or governing agency order.
15.3. Termination for Convenience. Customer may terminate Customer’s account and/or stop using the Splunk Materials at any time and for any or no reason by written notice to Splunk or by any other means, which Splunk may make available (e.g., through the Site). Upon such termination, Customer will not be entitled to receive (and Splunk has no obligation to provide) any refund of any fees paid prior to such termination.
15.4. Effect of Termination. Upon any termination of this Agreement: (i) Splunk may deactivate, delete and/or bar access to Customer’s account and any files associated with Customer’s account; (ii) Customer will immediately cease access to and use of the Splunk Materials; (iii) all license and other rights granted to Customer under this Agreement will immediately terminate; (iv) Customer will promptly return or, if instructed by Splunk, destroy all copies of Splunk Materials in its possession or control; and (v) except as expressly set forth in Sections 14 and 16.1 of this Agreement, Customer will not be entitled to receive (and Splunk has no obligation to provide) any refund of any fees paid prior to such termination. Upon expiration or termination, Splunk will have the right to immediately delete, without notice, Customer Content and all backups thereof, and Splunk will not be liable for any loss or damage, which may be incurred by Customer or any third parties as a result of such deletion.
15.5. Survival. The following sections shall survive the termination or expiration of the Agreement: 4, 5, 9, 11, 12, 13, 15.4 and 16-20.
16. Indemnity.
Customer shall defend, and pay all damages (including attorneys’ fees and costs) finally awarded against Splunk, or that are agreed to in a court-approved settlement, to the extent a claim, demand, suit or proceeding is made or brought against a Splunk Entity by a third party (including those brought by the government) that: (i) alleges that Customer Data, Customer Content, Customer Apps or Customer’s use of the Service infringes or misappropriates such third party’s patent, copyright, trademark or trade secret, or violates another right of a third party, (ii) arises out of the activities of Users and End Users, (iii) Customer Data, Customer Content, Customer Apps or Customer use of the Service violates applicable law or regulation, or (iv) arises out of a dispute between Customer and another customer of Splunk (each, a “Splunk Claim”), provided that Splunk: (a) gives Customer prompt written notice of the Splunk Claim, (b) gives Customer sole control of the defense and settlement of the Splunk Claim except that Customer may not settle any Splunk Claim that requires any action or forbearance on Splunk’s part without Splunk’s prior consent (that Splunk will not unreasonably withhold or delay), and (c) Splunk gives Customer all reasonable assistance, at Customer expense.
17. U.S. Government Use of the Service
Splunk provides the Service, including all related Software and technology, for federal government end use solely in accordance with the following: Government technical data and software rights related to the Service and Software include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data–Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Splunk to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
18. Import and Export Control.
Customer’s access to and use of the Splunk Materials are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of other countries. Customer will comply fully with all applicable customs and export control laws and regulations of the United States and any other country where you access or use any of the Splunk Materials. Customer certifies that it is not on any of the relevant U.S. Government Lists of prohibited persons, including but not limited to the U.S. Treasury Department’s List of Specially Designated Nationals, and the U.S. Commerce Department’s List of Denied Persons or Entity List. Customer further certifies that it will not export, re-export, ship, transfer or otherwise use the Splunk Materials in any country subject to an embargo or other sanction by the United States, and that it will not use the Splunk Materials for any purpose prohibited by U.S. laws or for any nuclear, chemical, missile or biological weapons related end uses. Customer is prohibited from sending to its account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
19. General Terms.
19.1. Choice of Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California, as if performed wholly within the state and without giving effect to the principles of conflict of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California, and the parties hereby consent to personal jurisdiction and venue therein. Splunk may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Splunk’s its Affiliates, or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
19.2. No Waiver. Unless otherwise provided herein, all rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions.
19.3. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives and intent of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the remainder of the Agreement will remain in full force and effect.
19.4. Independent Contractors; No Third Party Beneficiaries. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. The third party licensors of Splunk Materials are third-party beneficiaries of the Agreement. There are no other third-party beneficiaries of this Agreement.
19.5. Force Majeure. Splunk and its officers, directors, employees, agents, partners and licensors will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond Splunk’s or its officers’, directors’, employees’, agents’, partners’, or licensors’ reasonable control, including, without limitation, acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
19.6. Notices. All notices required or permitted under this Agreement will be by email. All notices to Splunk will be sent to mobilesupport@splunk.com(or to such other email address as we may notify, you from time to time). All notices to you will be sent to the email address you provide to Splunk as part of the Registration Data (or to such other email address as you may notify to us from time to time).
19.7. Assignment. Customer may not assign, delegate or transfer this Agreement, in whole or in part, by agreement, operation of law or otherwise, without Splunk’s prior written consent.
19.8. Entire Agreement. This Agreement, which incorporates the Splunk Privacy Policy at http://www.splunk.com/view/SP-CAAAAAG, the Splunk Acceptable Use Policy at http://splunk.com/goto/splunkcloud_aup, the Rules of Conduct set forth in Splunk’s Website Terms of Use (as currently located at: http://www.splunk.com/view/SP-CAAAAAH), the Splunk Documentation, as well as the terms and documents referred to in each, constitutes the entire agreement between Customer and Splunk and shall supersede any prior agreements between Customer and Splunk concerning the Splunk Materials (including, but not limited to, any prior versions of the Agreement) or any preprinted terms on the Order Document. Any terms and conditions contained or referenced by either party in a quote, purchase order, acceptance, invoice or any similar document purporting to modify the terms and conditions contained in this Agreement are hereby rejected and will be disregarded and have no effect unless otherwise expressly agreed to by the parties. This Agreement does not amend any other separate agreement Customer may have with Splunk for other software products or services that are not Services.
19.9. Modification. Splunk reserves the right to update or otherwise make changes to this Agreement from time to time on at least thirty (30) days’ notice, which notice we will provide to you by any reasonable means, including without limitation by posting the revised version of this Agreement on the Site. If you object to the revised version of this Agreement, you will, within such thirty (30) day period, notify us of your objection and, if you so notify us, the revised version will not apply to you. Instead, effective at the end of such thirty (30) day period, your existing Agreement will terminate; you will cease all access to and use of the Splunk Materials; and we will have no obligation to provide any further Splunk Materials to you. If you do not notify us of your objection during the thirty (30) day period, your continued access to and use of the Splunk Materials after the effective date of such revised version of this Agreement will be deemed your acceptance of such revised version; however, changes to this Agreement will not apply to any dispute between you and us based on a claim filed before the effective date of the changes. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” or similar legend at the top of this Agreement.
20. Definitions
20.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
20.2. “Confidential Information” means all nonpublic information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as “confidential” or that, given the nature of the information or circumstances surrounding its disclosure, should reasonably be understood to be confidential. Customer Confidential Information shall include Customer Content. Splunk Confidential Information shall include: (i) nonpublic information relating to Splunk or its Affiliates’ or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (ii) third-party information that Splunk is obligated to keep confidential; and (iii) the nature, content and existence of any discussions or negotiations between Customer and Splunk or our Affiliates. Notwithstanding the foregoing, “Confidential Information” does not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
20.3. “Content” means materials, information, software (including machine images), data, text, audio, music, sound, video, images, photographs, graphics, messages, files, attachments, or other content.
20.4. “Customer App” means a software application created by Customer that is to be run on a mobile platform (i.e., a hardware/software environment for laptops, tablets, smartphones and other portable devices, including Android, iOS, Windows Phone (WP) and such further platforms as may be supported by Splunk from time to time) or a web application created by Customer to be accessed by an End User’s browser and that includes the Splunk SDK.
20.5. “Customer Claim” has the meaning set forth in Section 16.1
20.6. “Customer Content” means Content that Customer transmitted, or that was transmitted on Customer behalf, to or from the Service, or that Customer stores, or displays or within the Service, or that is otherwise used or processed in connection with Customer’s account. Customer Content includes Customer Data.
20.7. “Customer Data” means electronic data and information submitted by or for Customer to the Service or that Customer collects and processes using the Service, which may include its End User data.
20.8. “Documentation” means online user guides, documentation and help and training materials published on Splunk’s website at http://docs.splunk.com/Documentation or accessible through the Service or the Software, as may be updated by Splunk from time to time.
20.9. “End User” means Customer’s end user customer who receives a Customer App for use on his or her mobile device or uses a Customer App through his or her browser.
20.10. “End User Requirements” has the meaning set forth in Section 3.2.
20.11. “Effective Date” has the meaning set forth in Section 15.1.
20.12. “Feedback” means all suggestions, comments, opinions, code, input, ideas, reports, information, know-how or other feedback provided by Customer (whether in oral, electronic or written form) to Splunk in connection with Customer’s use of the Service. Feedback does not include any data, results or output created or generated by Customer using the Service, unless submitted or communicated by Customer to Splunk.
20.13. “Registration Data” has the meaning set forth in Section 1.
20.14. “Splunk Claim” has the meaning set forth in Section 16.2.
20.15. “Splunk Materials” means the Site, Service and Software.
20.16. “Splunk SDK” means the Splunk MINT Software Developer Kit that Splunk makes available to you, including without limitation through the Site.
20.17. “Service” means the cloud-based service called “Splunk MINT Cloud Services” provided and maintained by Splunk for collecting and processing data generated by the Splunk SDK.
20.18. “Site” means mint.splunk.com and any successor or related site designated by Splunk from which the Services are provided.
20.19. “Software” means the Splunk SDK and any other software, add-on, application or program created, owned or licensed by Splunk that Splunk makes available for download for use in connection with the Service or for the purposes of enabling use of the Service. Software also includes any related Documentation.
20.20. “User” means “Customer” if an individual, or if an entity, Customer’s individual employee(s), consultant, contractor, agent or representative whom Customer authorizes to use the Service and whom Customer (or Splunk, at Customer’s request) have supplied a user identification and password.
SPLUNK SOFTWARE LICENSE AGREEMENT
THIS SPLUNK SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS THE LICENSING, INSTALLATION AND USE OF SPLUNK SOFTWARE. BY DOWNLOADING AND/OR INSTALLING SPLUNK SOFTWARE: (a) you are indicating that you have read and understand this Agreement, and agree to be legally bound by it on behalf of the company, GOVERNMENT, or other entity for which you are acting (for example, as an employee OR GOVERNMENT OFFICIAL) or, if there is no company, GOVERNMENT or other entity for which you are acting, on behalf of yourself as an individual; and (b) you represent and warrant that you have the authority to act on behalf of and bind SUCH company, GOVERNMENT OR OTHER ENTITY (if any).
WITHOUT LIMITING THE FOREGOING, YOU (AND YOUR ENTITY, IF ANY) ACKNOWLEDGE THAT BY SUBMITTING AN ORDER FOR THE SPLUNK SOFTWARE, YOU (AND YOUR ENTITY (IF ANY)) HAVE AGREED TO BE BOUND BY THIS AGREEMENT.
As used in this Agreement, “Splunk,” refers to Splunk Inc., a Delaware corporation, with its principal place of business at 270 Brannan Street, San Francisco, California 94107, U.S.A.; and “Customer” refers to the company, government, or other entity on whose behalf you have entered into this Agreement or, if there is no such entity, you as an individual.
DEFINITIONS. Capitalized terms used but not otherwise defined in this Agreement have the meanings set forth in Exhibit A.
LICENSE GRANTS
2.1 Purchased Software. Subject to Customer’s compliance with this Agreement, including Customer’s timely payment of all License Fees, Splunk grants to Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license during the applicable Term to install and use the Purchased Software within the Licensed Capacity solely for Customer’s Internal Business Purposes.
2.2 Evaluation Software. If the applicable Order specifies that any Software is provided under an evaluation license or a free trial license, then subject to Customer’s compliance with this Agreement, Splunk grants to Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license during the applicable Term to install and use the Evaluation Software within the Licensed Capacity solely for evaluating whether Customer wishes to purchase a commercial license for such Software. Notwithstanding anything to the contrary in this Agreement, Splunk does not provide maintenance and support (Section 7), warranty (Section 10), or indemnification (Section 13) with respect to Evaluation Software.
2.3 Test and Development Software. If the applicable Order specifies that any Software is provided under a test and development license, then subject to Customer’s compliance with this Agreement, Splunk grants to Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license during the applicable Term to install and use the Test and Development Software within the Licensed Capacity in a non-production system used for software product migration testing, software product pre-production staging, testing new data sources, types or use cases, or other non-production use. In no way should the Test and Development Software be used for any revenue generation, commercial activity or other productive business or purpose. Notwithstanding anything to the contrary in this Agreement, Splunk does not provide warranty (Section 10), or indemnification (Section 13) with respect to the Test and Development Software.
2.4 Free Software. Splunk may make certain Software available for license without charge, and such Free Software may have limited features, functions, or other limitations of any kind. Subject to Customer’s compliance with this Agreement, Splunk grants to Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license during the applicable Term to install and use the Free Software within the Licensed Capacity solely for Customer’s Internal Business Purposes. Notwithstanding anything to the contrary in this Agreement, Splunk does not provide maintenance and support (Section 7), warranty (Section 10), or indemnification (Section 13) with respect to Free Software.
2.5 Content Subscription. When the applicable Order specifies a Content Subscription service as elected by Customer, Splunk will deliver or otherwise make available the applicable Content Subscription service to Customer during the subscription period, and subject to Customer’s compliance with this Agreement (including Customer’s timely payment of all applicable Content Subscription Fees), Splunk grants to such Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license during the applicable subscription period to install and use the subscribed content solely in connection with the designated Purchased Software and solely for Customer’s Internal Business Purposes. Such content will be treated as Purchased Software under this Agreement except that Section 10 (Warranty) will not apply.
2.6 Splunk Extensions. Subject to Customer’s compliance with this Agreement, including Customer’s timely payment of all License Fees (if any), Splunk grants to Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license to use Splunk Extensions solely in connection with applicable Software that Customer has licensed from Splunk, subject to the same limitations and restrictions (including with respect to Term and Licensed Capacity) that apply to the Software with which the Splunk Extensions are used. Notwithstanding the foregoing, if any Splunk Extension is provided to Customer under a separate license agreement that grants Customer more permissive or broader rights with respect to such Splunk Extension (e.g., a separate license agreement that is provided to Customer as part of the download process for such Splunk Extension), then that separate license agreement, and not this Agreement, will govern Customer’s installation and use of such Splunk Extension (but, for clarity, this Agreement will apply to all other Splunk Extensions).
2.7 Customer Extensions. Subject to Customer’s compliance with this Agreement, Splunk grants to Customer a nonexclusive, worldwide, nontransferable, nonsublicensable license (a) to copy, modify and use the Splunk Developer Tools solely to develop Extensions for use with the designated Software or Splunk Extension (“Customer Extensions”), including to support interoperability between the Software or Splunk Extension and Customer’s system or environment and (b) to distribute the Customer Extensions exclusively for the use with the designated Software or Splunk Extension. The foregoing license is subject to the following conditions: (x) Splunk proprietary legends or notices contained in the Splunk Developer Tools may not be removed or altered when used in or with the Customer Extension; and (y) Customer may not make any statement that Customer Extension is certified or that its performance is guaranteed by Splunk. Customer retains title to the Customer Extensions, subject to Splunk’s ownership set forth in Section 5. If Customer allows end users of Customer Extensions to modify or distribute the Customer Extensions, Customer shall limit such modification or distribution to use with the designated Software or Splunk Extension only, and will flow down the conditions in (x) and (y) above to end users of Customer Extensions. Customer agrees to assume full responsibility for the performance and distribution of Customer Extensions.
2.8 Open Source Software. Customer acknowledges that certain Software may contain Open Source Software. Open Source Software may be identified in the end user documentation or in a list of the Open Source Software provided to Customer upon Customer’s written request. Any Open Source Software that is delivered to Customer as part of Purchased Software, and which may not be taken out of the Purchased Software or used separately from the Purchased Software is covered by the warranty, support and indemnification provisions applicable to Purchased Software. Customer acknowledges that specific terms required by the respective licensor of the Open Source Software may apply to the use of Open Source Software, which terms shall be included in the documentation; however, these terms will not: (a) impose any additional restrictions on Customer's use of the Software, or (b) negate or amend Splunk’s responsibilities with respect to Purchased Software.
LICENSE RESTRICTIONS. Unless otherwise expressly permitted by Splunk, Customer will not and Customer has no right to: (a) copy any Splunk Materials (except as required to run the Software and for reasonable backup purposes); (b) modify, adapt, or create derivative works of any Splunk Materials; (c) rent, lease, loan, resell, transfer, sublicense, distribute, disclose or otherwise provide any Splunk Materials to any third party; (d) decompile, disassemble or reverse-engineer any Splunk Materials, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any Splunk Materials, except to the extent expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary; (e) access or use any Disabled Materials; (f) provide to any third party the results of any benchmark tests or other evaluation of any Splunk Materials without Splunk’s prior written consent; (g) attempt to disable or circumvent any license key or other technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any Splunk Materials (including in order to gain access to any Disabled Materials); (h) remove or obscure any copyright, trademark, patent, or other proprietary notices, legends or symbols from any Splunk Materials; (i) exceed the Licensed Capacity or violate other license limitations identified in Exhibit B or elsewhere in this Agreement; (j) separately use any of the applicable features and functionalities of the Splunk Materials with external applications or code not furnished by Splunk or any data not processed by the Software, except otherwise specifically permitted in the Documentation; (k) misuse the Software or use the Software for any illegal, harmful, fraudulent, or offensive purposes; (l) otherwise access or use any Splunk Materials except as expressly authorized in this Agreement; or (m) encourage or assist any third party to do any of the foregoing. Customer acknowledges that the Software may be configured to display warnings, reduce available functionality, and/or cease functioning if unauthorized or improper use is detected, including if the Term expires or the Licensed Capacity is reached or exceeded.
SERVICE PROVIDERS. Customer may permit its authorized consultants, contractors, and agents (“Service Providers”) to access and use the Software solely on Customer’s behalf in connection with providing services to Customer, subject to the terms and conditions of this Agreement. Any such access or use by a Service Provider will be subject to the same limitations and restrictions that apply to Customer under this Agreement, and Customer will be jointly and severally liable for any Service Provider’s actions relating to or use of the Software. For avoidance of doubt, the aggregate use by Customer and all of its Service Providers must not exceed the Licensed Capacity and nothing in this Section 4 is intended to or will be deemed to increase any Licensed Capacity.
OWNERSHIP. Splunk, its suppliers and/or licensors own all worldwide right, title and interest in and to the Splunk Materials, including all related Intellectual Property Rights. Except for the licenses expressly granted to Customer in Section 2, Customer will not acquire or claim any right, title or interest in or to any Splunk Materials or related Intellectual Property Rights, whether by implication, operation of law or otherwise. Notwithstanding anything to the contrary, the Software is licensed, not sold, to Customer. To the extent that Customer provides any Feedback, Customer grants to Splunk a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable, royalty-free, fully paid-up right and license to use and commercially exploit the Feedback in any manner Splunk deems fit.
LICENSE AND SUBSCRIPTION FEES. Customer will pay all license fees set forth in the Order (the “License Fees”) for the Software delivered to Customer no later than thirty (30) days after the date of Splunk’s applicable invoice. Customer will also pay all content subscription fees as may be applicable to the Purchased Software, as identified in the Order (the “Content Subscription Fees”, collectively together with License Fees, the “Fees”). Without limitation of Splunk’s other termination rights, if Customer fails to pay the Fees when due, then Splunk may terminate this Agreement and all licenses granted hereunder by notice to Customer. All Fees are non-refundable once paid. Any fees and payment terms for Splunk Extensions not included in the Order will be as set forth on the download page for such Splunk Extensions.
MAINTENANCE AND SUPPORT. If Customer has purchased support and maintenance for the Purchased Software as set forth in the Order (the “Support Services”), then Splunk will provide the level of support and maintenance included in the Order in accordance with the terms and conditions set forth in Exhibit C.
CONFIGURATION SERVICES. Subject to Customer’s payment of applicable fees, Splunk will provide the deployment, usage assistance, configuration, and/or training services (if any) set forth in the Order (the “Professional Services”) in accordance with Splunk’s standard professional services terms and conditions provided at https://www.splunk.com/en_us/legal/professional-services-agreement.html, which terms and conditions are hereby incorporated by reference and made a part of this Agreement.
SOFTWARE VERIFICATION AND AUDIT. At Splunk’s request, Customer will furnish Splunk with a certification signed by Customer’s authorized representative verifying that the Software is being used in accordance with this Agreement and the applicable Order. Also, if Customer has purchased an offering that requires usage reporting as identified in the Order, Customer agrees to provide such reporting pursuant to the requirements set forth by Splunk. Upon at least ten (10) days’ prior written notice to Customer, Splunk may audit Customer’s (and its Service Providers’) use of the Software to ensure that Customer (and such Service Providers) are in compliance with this Agreement and the applicable Order. Any such audit will be conducted during regular business hours at Customer’s (and/or its Service Providers) facilities, will not unreasonably interfere with Customer’s (or its Service Providers’) business and will comply with Customer’s (or its Service Providers’) reasonable security procedures. Customer will (and will ensure that its Service Providers) provide Splunk with reasonable access to all relevant records and facilities reasonably necessary to conduct the audit. If an audit reveals that Customer (and/or any Service Provider) has exceeded the Licensed Capacity or the scope of Customer’s license grant during the period audited, then Splunk will invoice Customer, and Customer will promptly pay Splunk any underpaid Fees based on Splunk’s price list in effect at the time the audit is completed. If the excess usage exceeds ten percent (10%) of the Licensed Capacity, then Customer will also pay Splunk’s reasonable costs of conducting the audit. Customer will ensure that its Service Providers provide Splunk with the access described in this Section 9. This Section 9 will survive expiration or termination of this Agreement for a period of three (3) years.
WARRANTY. Splunk warrants that for a period of thirty (30) days from the Delivery of Purchased Software, the Purchased Software will substantially perform the material functions described in Splunk’s user documentation for such Purchased Software, when used in accordance with the user documentation. The sole liability of Splunk (and its Affiliates and suppliers/licensors), and Customer’s sole remedy, for any failure of the Purchased Software to conform to the foregoing warranty, is for Splunk to do one of the following (at Splunk’s sole option and discretion): (a) modify, or provide an Enhancement for, the Purchased Software so that it conforms to the foregoing warranty, (b) replace Customer’s copy of the Purchased Software with a copy that conforms to the foregoing warranty, or (c) terminate the license with respect to the non-conforming Purchased Software and refund the License Fees paid by Customer for such non-conforming Purchased Software. All warranty claims must be made by written notice from Customer to Splunk on or before the expiration of the warranty period, as detailed in Section 23.2 below.
WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10 ABOVE, THE SPLUNK MATERIALS, OPEN SOURCE SOFTWARE, THIRD PARTY CONTENT, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY LAW, SPLUNK AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 10, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, SPLUNK DOES NOT WARRANT THAT USE OF THE SOFTWARE OR SPLUNK MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) SPLUNK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS (INCLUDING AUTHORIZED PARTNERS AS DEFINED IN SECTION 21 BELOW) AND LICENSORS (THE “SPLUNK ENTITIES”) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES ARISING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF; AND (B) SPLUNK ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO SPLUNK FOR THE PURCHASED SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, IN EACH OF THE FOREGOING CASES (A) AND (B), REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM CONTRACT, INDEMNIFICATION, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SPLUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ADDITION, CUSTOMER, AND NOT SPLUNK, IS SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY AND SECURITY OF CUSTOMER’S DATA AND FOR MAINTAINING A BACKUP OF ALL SUCH DATA, AND FOR ENSURING THE SECURITY AND INTEGRITY OF CUSTOMER’S (AND ITS SERVICE PROVIDER’S) DATA, COMPUTERS, NETWORKS AND SYSTEMS (INCLUDING WITH RESPECT TO PROTECTING AGAINST VIRUSES AND MALWARE).
INDEMNITY. Splunk will defend Customer against any claim, demand, suit or proceeding brought against Customer by a third party alleging that Purchased Software infringes or misappropriates such third party’s Intellectual Property Rights (“Claim”), and Splunk will pay all damages finally awarded against Customer by a court of competent jurisdiction as a result of such Claim, subject to the other terms and conditions of this Agreement. Notwithstanding the foregoing, Splunk has no obligation to indemnify Customer with respect to: (a) use of the Purchased Software in a manner that is not permitted under the Agreement or that is inconsistent with Splunk’s applicable user documentation; (b) modifications to the Splunk Materials made by anyone other than Splunk; (c) the combination of Software with hardware or software not made by Splunk, or with third-party services, processes or materials where the infringement or misappropriation would not occur but for such combination; (d) Customer’s continued use of the Purchased Software or other allegedly infringing activity after receiving notice of the alleged infringement; or (e) any version of the Purchased Software that is no longer supported by Splunk ((a) through (e), collectively, “Excluded Matters”). If an applicable Claim is made or appears likely to be made, Splunk may, at its option and expense, modify the affected Purchased Software so that it is non-infringing, or replace it with substantially functionally equivalent software. If Splunk determines that neither is reasonably feasible, Splunk may terminate Customer’s applicable license and refund Customer a pro rata refund of the Fees previously paid by Customer, which will be calculated using the remainder of the license term (beginning with the date of Splunk’s receipt of notice of the applicable Claim), or if the Purchased Software is licensed under a perpetual license, a refund of Fees previously paid by Customer, less straight-line depreciation on a three-year basis from the Delivery of the applicable Software. The obligations set forth in this Section constitute Customer’s sole and exclusive remedy, and Splunk’s entire liability, with respect to any Claims that the Purchased Software infringes any third party’s Intellectual Property Rights. Customer will defend Splunk against any claim brought against Splunk by a third party arising out of or relating to any Excluded Matter or any Customer Extension, and Customer will pay all damages finally awarded against Splunk by a court of competent jurisdiction as a result of such claim. Each party’s indemnity obligations set forth in this Section 13 are conditioned upon the party seeking indemnification (x) providing prompt written notice to the other party of the applicable claim; (y) giving the indemnifying party sole control of the defense and/or settlement of the applicable claim, except that: (i) the indemnified party may participate in the defense with counsel of its choice at its own expense, and (ii) the indemnifying party will not agree to any settlement that imposes a material obligation on the indemnified party without the indemnified party’s prior written consent (not to be unreasonably withheld or delayed), and (z) providing reasonable cooperation and assistance in the defense and negotiations.
CONFIDENTIAL INFORMATION.
14.1 Confidential Information. “Confidential Information” means any technical or business information, ideas, materials, know-how or other subject matter that is disclosed by one party to the other party that: (a) if disclosed in writing, is marked “confidential” or “proprietary” at the time of such disclosure; (b) if disclosed orally, is identified as “confidential” or “proprietary” at the time of such disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure; or (c) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Confidential Information of Splunk will include the Splunk Materials (including any license keys).
14.2 Use and Disclosure Restrictions. The party receiving Confidential Information (“Recipient”) agrees: (a) to maintain the Confidential Information of the party disclosing such information (the “Discloser”) in strict confidence; (b) not to disclose such Confidential Information to any third parties; and (c) not to use any such Confidential Information for any purpose other than to exercise its rights or perform its obligations under this Agreement. Recipient will treat Confidential Information of the Discloser with the same degree of care as it accords to its own Confidential Information, but in no event with less than reasonable care. Recipient may disclose the Confidential Information of Discloser to its directors, officers, employees, and subcontractors (collectively, “Representatives”), who have a bona fide need to know such Confidential Information, provided that each such Representative is bound by a legal obligation as protective of the other party’s Confidential Information as those set forth herein. Recipient’s obligations under this Section 14 will continue in effect for a period of three (3) years from the date of last disclosure of Confidential Information by Discloser, except that Customer’s obligations under this Section 14 will continue in effect in perpetuity with respect to Splunk Materials.
14.3 Exclusions. The obligations of Recipient under Section 14.1 will not apply to any Confidential Information that: (a) is now or thereafter becomes generally known or available to the public, through no act or omission on the part of Recipient (or any of its Representatives, Affiliates, or agents) or any third party subject to any use or disclosure restrictions with respect to such Confidential Information; (b) was known by or lawfully in the possession of Recipient, prior to receiving such information from Discloser, without restriction as to use or disclosure; (c) is rightfully acquired by Recipient from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (d) is independently developed by Recipient without access, use or reference to any Confidential Information of Discloser.
14.4 Required Disclosures. The provisions of Section 14.1 will not restrict Recipient from disclosing Discloser’s Confidential Information to the extent required by any law enforcement agencies or regulators or compelled by a court or administrative agency of competent jurisdiction, provided that, to the extent permissible under law, Recipient uses reasonable efforts to give Discloser advance notice of such required disclosure as appropriate in order to enable Discloser to prevent or limit disclosure.
14.5 Return or Destruction of Confidential Information. Upon termination of the Agreement or support and maintenance, Recipient will promptly return to Discloser or, at Discloser’s option, destroy all tangible items and embodiments containing or consisting of Discloser’s Confidential Information and all copies thereof and provide written certification of such destruction or return by an authorized person.
14.6 Injunctive Relief. Recipient agrees that, due to the unique nature of the Confidential Information, the unauthorized disclosure or use of the Confidential Information will cause irreparable harm and significant injury to Discloser, the extent of which will be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, Recipient agrees that Discloser, in addition to any other available remedies, will have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Section 14, without the necessity of posting any bond or other security. Recipient will notify Discloser in writing immediately upon Recipient’s becoming aware of any such breach or threatened breach.
TERM. This Agreement will commence upon Splunk’s first Delivery of the Software specified in the Order (or, Splunk’s other initial delivery of the Software to Customer) and will remain in effect until the expiration of the applicable Software license term, unless earlier terminated pursuant to Section 16 (the “Term”). For the avoidance of doubt, termination of a license term shall not affect the term of any other licenses applicable to other Splunk products and services that Customer has purchased. Further, termination of a Content Subscription shall not affect the term of the base license applicable to the Software that Customer has purchased.
15.1 Purchased Software, etc. Unless otherwise indicated in the Order, the Term for Purchased Software, Free Software, Splunk Extensions and Splunk Developer Tools, if applicable, will continue indefinitely, unless and until terminated pursuant to Section 16. If the Order indicates a Term of a specific duration for any of the foregoing, the licenses granted to Customer for such Purchased Software or Free Software will terminate automatically upon expiration of such Term. Upon expiration of any Term, the applicable Software will stop working automatically.
15.2 Evaluation Software. If Customer is granted a license for Evaluation Software, then the Term for such Evaluation Software will be specified in the Order or with the license key. If no such term is specified, the Term for Evaluation Software is thirty (30) days from the date the license key is delivered. Any license keys provided for Evaluation Software will automatically expire and cause the Evaluation Software to become non-operational at the end of the Term. If Customer wishes to use the Evaluation Software after the Term expires, then Customer must obtain the applicable paid license.
TERMINATION. Either party may terminate this Agreement by written notice to the other party if the other party materially breaches this Agreement and does not cure the breach within thirty (30) days of receiving written notice of the breach pursuant to Section 23.2 below. In addition, Splunk may immediately terminate this Agreement (in whole or in part, including with respect to any Term) by written notice to Customer (a) if Customer materially breaches Section 3, and (b) as set forth in Section 6. Splunk may also terminate Customer’s license to any Evaluation Software at any time with or without cause by notice to Customer. If Customer is the Government, then termination terms and conditions will be governed by 48 C.F.R. § 52.212-4. Upon any expiration or termination of this Agreement, the rights and licenses granted to Customer hereunder will automatically terminate, and Customer agrees to cease immediately using the Splunk Materials and to return or destroy all copies of the Splunk Materials and other Splunk Confidential Information in Customer’s possession or control, and certify in writing the completion of such return or destruction in accordance with Section14.5. Upon termination of this Agreement, Splunk will have no obligation to refund any Fees or other amounts received from Customer during the Term, and notwithstanding any early termination above, Customer shall still be required to pay all Fees payable under an Order (i.e., no such early termination shall relieve Customer of its obligations to pay all Fees payable under an Order) unless otherwise provided in this Agreement. Termination of Support and Maintenance Terms and Conditions due to Splunk’s breach is provided in Section 3.2 of Exhibit C. Section 1 (Definitions), Section 5 (Ownership), Section 9 (Software Verification and Audit), Section 11 (Warranty Disclaimer), Section 12 (Limitation of Liability), Section 13 (Indemnity), Section 14 (Confidentiality), Section 16 (Termination) and Sections 17 (Export) through 23 (General) will survive any expiration or termination of this Agreement.
EXPORT. Customer will comply fully with all relevant export laws and regulations of the United States and any other country (“Export Laws”) where Customer uses any of the Splunk Materials. Customer certifies that Customer is not on any of the relevant U.S. government lists of prohibited persons, including the Treasury Department’s List of Specially Designated Nationals and the Commerce Department’s List of Denied Persons or Entity List. Customer further certifies that Customer will not export, re-export, ship, transfer or otherwise use the Splunk Materials in any country subject to an embargo or other sanction by the United States, and that Customer will not use the Splunk Materials for any purpose prohibited by the Export Laws, including, but not limited to, nuclear, chemical, missile or biological weapons related end uses.
GOVERNMENT END USER RIGHTS. Customer acknowledges that all Splunk Materials were developed entirely at private expense and that no part of the Splunk Materials was first produced in the performance of a government contract. Customer agrees that all Splunk Materials and any derivatives thereof are “Commercial Items” as defined in 48 C.F.R. § 2.101, and if Customer is the Government, then such use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and data, is restricted in accordance with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-2, and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.211, 48 C.F.R. § 12.212, 48 C.F.R. § 227.7102-1 through 48 C.F.R. § 227.7102-3, and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Splunk Materials are licensed to Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other users pursuant to this Agreement and any related agreement(s), as applicable. Accordingly, Customer will have no rights in the Splunk Materials except as expressly agreed to in writing by Customer and Splunk.
PUBLICITY. Customer agrees that Splunk may publish a brief description of Customer’s deployment of the Software and identify Customer as a Splunk customer on any of Splunk’s websites, client lists, press releases, and/or other marketing materials.
THIRD PARTY CONTENT DISCLAIMER. Certain Extensions and other materials or services made available for download or access on Splunkbase are developed and/or provided by third parties (“Third-Party Content”). Splunk makes such Third-Party Content available for download on Splunkbase as a convenience to its customers, but Splunk neither controls nor endorses, nor is Splunk responsible for, any Third-Party Content, including the accuracy, integrity, quality, legality, usefulness or safety of Third-Party Content. Certain Third-Party Content may, among other things, be inaccurate, nonfunctional, infringing or dangerous. Nothing in this Agreement or on Splunkbase will be deemed to be a representation or warranty by Splunk with respect to any Third-Party Content, even if a particular Extension or other item of Third-Party Content is identified as “certified” or "validated" for use with Software. Splunk has no obligation to monitor Third-Party Content, and Splunk may block or disable access to any Third-Party Content at any time. In addition, the availability of any Third-Party Content through Splunkbase does not imply Splunk’s endorsement of, or affiliation with, any provider of such Third-Party Content, nor does such availability create any legal relationship between Customer and any such provider. Customer’s use of Third-Party Content is at Customer’s own risk and may be subject to any additional terms, conditions and policies applicable to such Third-Party Content (such as license terms, terms of service or privacy policies of the providers of such Third-Party Content).
AUTHORIZED PARTNERS. If Customer acquired the Software through an authorized reseller, partner or OEM of Splunk (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in the agreement provided by the Authorized Partner; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Splunk for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Splunk; and (d) Splunk may terminate this Agreement (including Customer’s right to use the Software) if Splunk does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Splunk will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Splunk and Customer.
CHOICE OF LAW AND DISPUTES. Unless Customer is the Government, this Agreement will be governed by and construed in accordance with the laws of the State of California, as if performed wholly within the state and without giving effect to the conflicts of law principles of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, and the parties hereby consent to personal jurisdiction and venue therein (except that Splunk may seek injunctive relief to prevent improper or unauthorized use or disclosure of any Splunk Materials in any court of competent jurisdiction). If Customer is the Government, this Agreement will be governed by and interpreted in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. §§ 7101-7109). Failure of the parties to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this Agreement will be a dispute to be resolved in accordance with the clause at 48 C.F.R § 52.233-1, which is incorporated in this Agreement by reference.
GENERAL
23.1 Purchase Order. Customer’s issuance of a purchase order constitutes acceptance of this Agreement notwithstanding anything to the contrary in such purchase order. If any purchase order contains any terms or conditions that are different from or additional to the terms and conditions set forth in this Agreement, then Splunk expressly rejects such different or additional terms and conditions, and such different or additional terms and conditions will not become a part of the agreement between the parties notwithstanding any subsequent acknowledgement, invoice or license key that Splunk may issue.
23.2 Notices. All notices required or permitted under this Agreement will be in writing and delivered in person, by confirmed facsimile transmission, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth in the applicable Order or to such other address as may be specified by either party to the other party in accordance with this Section.
23.3 Assignment. Customer may not assign, delegate or transfer this Agreement, in whole or in part, by agreement, operation of law or otherwise without the prior written consent of Splunk. Splunk may assign this Agreement in whole or in part to an Affiliate or in connection with an internal reorganization or a merger, acquisition, or sale of all or substantially all of Splunk’s assets to which this Agreement relates. Splunk may also assign its rights to receive payment due as a result of performance of this Agreement to a bank, trust company, or other financing institution, including any federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. § 3727) and may assign this Agreement in accordance with the provisions at 48 C.F.R § 42.12, as applicable. Any attempt to assign this Agreement other than as permitted herein will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties’ permitted successors and assigns.
23.4 Rights and Remedies. Except as otherwise expressly set forth in this Agreement, the rights and remedies of either party as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies now or hereafter provided by law or at equity.
23.5 Waiver; Severability. The waiver by either party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
23.6 Interpretation. For purposes of interpreting this Agreement, (a) unless the context otherwise requires, the singular includes the plural, and the plural includes the singular; (b) unless otherwise specifically stated, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section or paragraph; (c) the words “include” and “including” will not be construed as terms of limitation, and will therefore mean “including but not limited to” and “including without limitation”; (d) unless otherwise specifically stated, the words “writing” or “written” mean preserved or presented in retrievable or reproducible form, whether electronic (including email but excluding voice mail) or hard copy; (e) the captions and section and paragraph headings used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement; and (f) the references herein to the parties will refer to their permitted successors and assigns.
23.7 Operational Metrics and Usage Data. The Software and other Splunk Extensions may be configured to allow Splunk to collect and process technical and related information about Customer’s use of the Software (which may include, without limitation, ingest volume, search concurrency, number of unique user logins, Internet protocol addresses, page views, session duration, and other similar data) and certain aggregated, anonymized information about the Software environment (such as hardware identification, operating system, application version), performance, configuration and other usage information. Splunk uses this information to support and troubleshoot issues, provide updates, automate invoices, analyze trends and improve Splunk’s products or services. Participation in the collection and processing of such data by Splunk is voluntary (except for certain Free or Evaluation Software or other programs as designated by Splunk, which may require Customer’s participation in an in-product analytics program as a condition of receiving access to and using such Software) and instructions on how to disable these in-product collection features are set forth in Splunk’s end user documentation. Splunk collects and processes the information it collects subject to Splunk’s Privacy Policy, which can be found at https://www.splunk.com/en_us/legal/privacy/privacy-policy.html and is hereby incorporated by reference and made a part of this Agreement.
23.8 Integration; Entire Agreement. This Agreement along with any additional terms incorporated herein by reference, including the Order and the Exhibits hereto, constitute the complete and exclusive understanding and agreement between the parties and supersedes any and all prior or contemporaneous agreements, communications and understandings, written or oral, relating to their subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of both parties. Any terms and conditions contained or referenced by either party in a quote, purchase order, acceptance, invoice or any similar document purporting to modify the terms and conditions contained in this Agreement will be disregarded and have no effect unless otherwise expressly agreed to by the parties in accordance with the preceding sentence.
EXHIBIT A
DEFINITIONS
“Affiliate,” with respect to a party, means a corporation, partnership or other entity controlling, controlled by or under common control with such party, but only so long as such control continues to exist. For purposes of this definition, “control” means ownership, directly or indirectly, of greater than fifty percent (50%) of the voting rights in such entity (or, in the case of a noncorporate entity, equivalent rights).
“Authorized Partner” has the meaning set forth in Section 21.
“Claim” has the meaning set forth in Section 13.
“Confidential Information” has the meaning set forth in Section 14.1.
“Content Subscription” means certain entitlement for Customer to receive a collection of updated contents applicable to the Purchased Software (such as models, rules and configurations, as further described in the relevant end user documentation for the Purchased Software) on a periodic basis for the duration of the subscription period. This can be purchased as an add-on service to the term license or perpetual license to the applicable Purchased Software as identified in the Order.
“Content Subscription Fees” has the meaning set forth in Section 6.
“Customer Extensions” has the meaning set forth in Section 2.7.
“Delivery” means the date of Splunk’s initial delivery of the license key for the applicable Software or otherwise making the applicable Software available for download by Customer.
“Disabled Materials” means certain materials (including programs, modules or components, functionality, features, documentation, content or other materials) that may be contained in or provided with the Software as part of the delivery mechanism used by Splunk, but that are disabled or hidden in Customer’s setting, because Customer either: (a) does not have the relevant license or license key, or (b) has not paid the applicable Fees, for those materials.
“Enhancements” means any updates, upgrades, releases, fixes, enhancements or modifications to the Purchased Software made generally commercially available by Splunk to its support customers under the terms and conditions set forth in Exhibit C.
“Evaluation Software” means Software that is specified in an Order as provided under an evaluation license or a free trial license.
“Excluded Matters” has the meaning set forth in Section 13.
“Extension” means any separately downloadable suite, configuration file, add-on, technical add-on, example module, command, function or application that extends the features or functionality of the applicable Software.
“Feedback” means all suggestions for improvement or enhancement, recommendations, comments, opinions, code, input, ideas, reports, information, know-how or other feedback provided by Customer (whether in oral, electronic or written form) to Splunk in connection with Splunk’s Software. Feedback does not include any data, results or output created or generated by Customer using the Software, unless specifically submitted or communicated by Customer to Splunk as part of the Feedback.
“Free Software” means Software that is specified in an Order as provided to Customer without charge (other than Evaluation Software).
“Government” means an agency, department, or instrumentality of the United States government.
“Intellectual Property Rights” means all patent, copyright, trademark, and trade secret rights and other intellectual property and proprietary rights, whether registered or unregistered.
“Internal Business Purpose” means Customer’s use for its own internal business operations on Customer’s systems, networks and devices with Customer’s data. Such use does not include use by Customer on a service bureau basis or otherwise to provide services to, or process data for, any third party.
“Licensed Capacity” means the maximum usage of the Software (e.g., aggregate daily volume of data indexed, based on source types, number of Nodes, number of monitored accounts, number of users, etc.) that is permitted under the type of license included in the applicable Order. The Licensed Capacity associated with each Purchased Software is set forth in Exhibit B.
“License Fees” has the meaning set forth in Section 6.
“Open Source Software” means software or similar subject matter that is distributed under an open source license such as (by way of example only) the GNU General Public License, GNU Lesser General Public License, Apache License, Mozilla Public License, BSD License, MIT License, Common Public License, any derivative of any of the foregoing licenses, or any other license approved as an open source license by the Open Source Initiative.
“Order” means Splunk’s quote, statement of work, or ordering document accepted by Customer via Customer’s purchase order or other ordering document submitted to Splunk (directly or indirectly through an Authorized Partner) to order Splunk Materials or services, which references the products, services, pricing and other applicable terms set forth in an applicable Splunk quote or ordering document.
“Professional Services” has the meaning set forth in Section 8.
“Purchased Software” means Software that is licensed to Customer and for which Customer has paid a License Fee to Splunk, whether directly or through an Authorized Partner.
“Service Providers” has the meaning set forth in Section 4.
“Splunkbase” means Splunk’s online directory of or platform for Extensions, currently located at https://splunkbase.splunk.com/ and any and all successors, replacements, new versions, derivatives, updates and upgrades thereto and any other similar platform(s) owned and/or controlled by Splunk.
“Splunk Developer Tool” means the standard application programming interface configurations, software development kits, libraries, command line interface tools, other tooling (including scaffolding and data generation tools), integrated development environment plug-ins or extensions, code examples, tutorials, reference guides and other related materials identified and provided by Splunk to facilitate or enable the creation of Extensions or otherwise support interoperability between the Software and Customer’s system or environment.
“Splunk Extensions” means Extensions made available through Splunkbase that are identified on Splunkbase as published by Splunk (and not by any third party).
“Splunk Materials” mean the Software, Software license keys, Splunk Developer Tools, Splunk Extensions and end user documentation relating to the foregoing.
“Software” means the Software products listed in an Order and any Enhancements thereto made available to Customer by Splunk.
“Support Services” has the meaning set forth in Section 7.
“Term” has the meaning set forth in Section 15.
“Test and Development Software” means Software that is specified in an Order as provided under a test and development license.
“Third-Party Content” has the meaning set forth in Section 20.
EXHIBIT B
LICENSED CAPACITY
The Licensed Capacity and other license limitations associated with each Purchased Software can be found here: https://www.splunk.com/en_us/legal/licensed-capacity.html
EXHIBIT C
SPLUNK INC.
SUPPORT AND MAINTENANCE TERMS AND CONDITIONS
Customer agrees that the following terms and conditions (“Terms and Conditions”) will govern the delivery of any support and/or maintenance services by Splunk (“Support”) listed on an Order entered into pursuant to the Software License Agreement (the “Agreement”) to which these Terms and Conditions are attached and made a part thereof. Subject to Customer’s termination rights set forth in the Agreement, ordering any Support from Splunk or any Authorized Partner indicates Customer’s acceptance of these Terms and Conditions. These Terms and Conditions are effective upon receipt and confirmation of acceptance of Customer’s purchase order by Splunk or an Authorized Partner (the “Effective Date”).
DEFINITIONS. Unless otherwise defined in these Terms and Conditions, capitalized terms have the meanings set forth in the Agreement.
SUPPORT AND MAINTENANCE.
2.1 Services. Subject to Customer’s timely payment of the applicable annual Support fees set forth in the Order (the “Support Fees”), Splunk will provide the level of Support identified in the Order in accordance with the Support descriptions set forth below. No other maintenance or support for the Software is included.
2.2 Support Fees. Support Fees will be due and payable in accordance with the Order. Splunk will notify (electronically or otherwise) Customer of the then-current annual Support Fee for Customer’s level of Support in each notice of term renewal. Support Fees are non-refundable once paid.
2.3 Exclusions. Splunk will have no obligation of any kind to provide Support for issues caused by or arising out of any of the following (each, a “Licensee-Generated Error”): (i) modifications to the Software not made by Splunk; (ii) use of the Software other than as authorized in the Agreement or as provided in the documentation for the Software; (iii) damage to the machine on which the Software is installed; (iv) Customer’s continued failure to use the Software without reference to the documentation; (v) versions of the Software other than the Supported Version (defined in Section2.6.6); (vi) third-party products not expressly supported by Splunk and described in the documentation; or (vii) conflicts related to replacing or installing hardware, drivers, and software that are not expressly supported by Splunk and described in the documentation. If Splunk determines that support for an issue caused by a Licensee-Generated Error, Splunk will notify Customer as soon as reasonably possible under the circumstances. If Customer agrees that Splunk should provide support for the Licensee-Generated Error via a confirming email, then Splunk will have the right to invoice Customer at Splunk’s then-current time and materials rates for any such support provided by Splunk.
2.4 Support for Splunk Extensions. Subject to Customer’s payment of the applicable annual Support Fees, if Customer are a licensee of a Splunk Extension supported by Splunk, Splunk will provide an Initial Response and Acknowledgement in accordance with P3 terms as described in the Support Programs (as defined below). Updates for the Software will be provided when made available. No other sections in these Terms and Conditions apply to Splunk Extensions.
2.5 Restrictions. Support is delivered only in English unless Customer is in a location where Splunk has made localized Support available.
2.6 Support Descriptions.
2.6.1 Splunk Support.Customer’s Order will identify the level of Support Customer purchases for the applicable Purchased Software. A summary of the different support programs and levels are described here: http://www.splunk.com/en_us/support-and-services/support-programs.html (“Support Programs”). Support cases are handled based on case priority levels as described in the Support Programs. When submitting a case, Customer will select the priority for initial response by logging the case online, in accordance with the priority guidelines set forth in the Support Programs. When the case is received, Splunk Support may change the priority if the issue does not conform to the criteria for the selected priority and will provide Customer with notice (electronic or otherwise) of such change.
2.6.2 Authorized Support Contacts. Support will be provided solely to the authorized individual(s) specified by Customer that Splunk will communicate with that individual(s) when providing Support (“Support Contacts”). Splunk strongly recommends that Customer’s support contact(s) be trained on the Purchased Software. Customer’s Order will indicate a maximum number of authorized Support Contacts for Customer’s license level. Customer will be asked to designate Customer’s authorized support contacts, including their primary email address and Splunk.com login ID, following Splunk’s acknowledgment of Customer’s Order.
2.6.3 Defect Resolution. Should Splunk in its sole judgment determine that there is a defect in the Purchased Software, it will, at its sole option, repair that defect in the version of the Software that Customer is currently using or instruct Customer to install a newer version of the Software with that defect repaired. Splunk reserves the right to provide Customer with a workaround in lieu of fixing a defect should it in its sole judgment determine that it is more effective to do so.
2.6.4 Support Hours. Support is provided via telephone, email and web portal. Support will be delivered by a member of Splunk’s technical support team during the regional hours of operation listed in the Support Programs page.
2.6.5 Customer’s Obligation to Assist. Should Customer report a purported defect in the Purchased Software to Splunk, Splunk may require Customer to provide them with the following information: (a) a general description of the operating environment, (b) a list of all hardware components, operating systems and networks, (c) a reproducible test case, and (d) any log files, trace and systems files. Customer’s failure to provide this information may prevent Splunk from identifying and fixing that purported defect.
2.6.6 Software Upgrades and Software Support Policy. When available, Splunk provides updates, upgrades, maintenance releases and reset keys only to Splunk Support customers pursuant to Splunk’s Support Policy provided at: https://www.splunk.com/en_us/legal/splunk-software-support-policy.html (“Support Policy”). Software comes with a three-digit number version. The first digit represents the major release (i.e., upgrade), the second digit identifies the minor releases (i.e., updates) and the third digit identifies the maintenance releases. With a new major version, the number to the left of the decimal is changed and for minor releases, the number to the right of the decimal point is increased. Subject to the foregoing, Splunk provides Support for the duration specified in the Support Policy following the initial release date of each respective major or minor version. The current version and the releases within the support period will be “Supported Versions”.
2.7 Changes in Support and Software. Subject to the Support Policy, Customer acknowledges that Splunk has the right to discontinue the manufacture and development of any Software and the Support for any Software, including the distribution of older Software versions, at any time in its sole discretion, provided that Splunk agrees not to discontinue Support for the Software during the current annual term of these Terms and Conditions, subject to the termination provisions herein. Splunk reserves the right to alter Support from time to time, using reasonable discretion but in no event will such alterations result in (i) diminished support from the level of Support set forth herein; (ii) materially diminished obligations for Splunk; (iii) materially diminished Customer’s rights; or (iv) higher Support Fees during the then-current term. Splunk will provide Customer with thirty (30) days’ prior written notice (delivered electronically or otherwise) of any permitted material changes to the Support contemplated herein.
TERM AND TERMINATION.
3.1 Term. These Terms and Conditions will commence on the Delivery date and, unless terminated earlier in accordance with the terms of the Agreement, for a period of one (1) year (or for term purchased if different than one year) thereafter (the “Initial Term”). These Terms and Conditions will, for support and maintenance services purchased for perpetual licenses, automatically renew for additional one (1)-year terms (or for term purchased if different than one year) (each, a “Renewal Term,” and the Initial Term, collectively with any and all Renewal Terms, will be referred to as the “Support Term”), unless either party provides the other (or if purchased through an Authorized Partner, Customer provides the Authorized Partner) with written notice of its intent not to renew these Terms and Conditions at least thirty (30) days prior to the end of the then-current Initial Term or Renewal Term. Customer must purchase and/or renew Support for all of the licenses for a particular Software product. If the Support Term lapses, Customer may seek to re-activate Support by submitting a purchase order that includes fees for the lapsed period plus a reinstatement fee.
3.2 Termination. Either party may terminate these Terms and Conditions by written notice to the other party if the other party materially breaches this Agreement or these Terms and Conditions and does not cure the breach within thirty (30) days of receiving notice of the breach. If Customer terminates the Agreement for Splunk’s uncured material breach of these Terms and Conditions, then Splunk will refund any unused prepaid fees to Customer as Customer’s sole and exclusive remedy. When Customer accepts a term license or cloud subscription in an Order that also terminates the Customer’s perpetual licenses of a Software (“Prior Software”), all rights granted with respect to the Prior Software are terminated upon the effective date of the Order, unless otherwise specified on the Order. There will be no refund of any Fees previously paid with respect to the Prior Software. Customer will certify in writing within thirty (30) business days of the date of a request from Splunk, the destruction of all of the Prior Software including all Software copies and related license keys thereof.
4. FORCE MAJEURE. Splunk will not be responsible for any failure or delay in its performance under these Terms and Conditions due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, acts of terror, riot, acts of God or governmental action.
Square Inc. Individual Contributor License Agreement
An Individual Contributor License Agreement (an "Agreement") is required to establish and define the intellectual property license granted in connection with Contributions (defined below) from any person or entity to Square, Inc. (“Square”) for inclusion in any of the products owned or managed by Square (the “Work”). This Agreement is for your protection as well as Square’s. This Agreement does not alter your rights to use your own Contributions for other purposes. By executing this Agreement, you accept and agree to the following terms and conditions for any past, current, or future Contributions submitted to Square. Except for the license granted herein to Square and recipients of software distributed by Square, you reserve all right, title, and interest in and to the Contributions you create.
1. Definitions.
“Control:” shall mean (i) the power, direct or indirect, to cause the direction or management of an entity, whether by contract or otherwise; or (ii) ownership of fifty percent (50%) or more of the outstanding shares; or (iii) beneficial ownership of an entity.
"Contribution:" shall mean any original work of authorship, including any modifications or additions to an existing work, that is intentionally Transmitted by You to Square for inclusion in the Work.
"Transmitted:" shall mean any form of electronic, verbal, or written communication sent to Square or its representatives for the purpose of discussing and improving the Work, but excluding communications that are conspicuously marked or otherwise designated in writing by You as "Not a Contribution."
"You:" (or "Your") shall mean the copyright owner or legal entity authorized by the copyright owner that is making this Agreement with Square. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single contributor.
2. Grant of Copyright License.
Subject to the terms and conditions of this Agreement, You hereby grant to Square and to recipients of software distributed by Square a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute Your Contributions and such derivative works.
3. Grant of Patent License.
Subject to the terms and conditions of this Agreement, You hereby grant to Square and to recipients of software distributed by Square a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by Your Contributions alone or by combination of Your Contributions with the Work to which such Contributions was Transmitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this Agreement for that Contribution or Work shall terminate as of the date such litigation is filed.
4. Representations and Warranties.
You represent and warrant that:
* you are legally entitled to grant the above licenses;
* if your employer has rights to intellectual property that you create that includes your Contribution, that you have received permission to make Contributions on behalf of an employer and that your employer has waived such rights for your Contributions to Square, or that your employer has executed a separate Agreement with Square;
* that each of Your Contributions is Your original creation; and
* that Your Contributions include complete details of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.
5. Submitting the Work of Others.
Should You wish to submit work that is not Your original creation, You may submit it to Square separately from any Contribution, identifying the complete details of its source and of any license or other restriction (including, but not limited to, related patents, trademarks, and license agreements) of which you are personally aware, and conspicuously marking the work as "Transmitted on behalf of a third-party: [Insert name of third-party here]."
6. Ongoing Support and Maintenance of Contributions.
You are not expected to provide support for Your Contributions, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all.
YOU PROVIDE YOUR CONTRIBUTIONS ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING.
8. Continuing Disclosures.
You agree to notify Square of any facts or circumstances of which you become aware that would make these representations inaccurate in any respect.
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Apple Computer, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD.
1. License. The software, documentation and any fonts which you will receive by downloading this software (the "Apple Software") are licensed, not sold, to you by Apple Computer, Inc. or its local subsidiary, if any. Apple and/or Apple's licensor(s) retain title to the Apple Software, and the Apple Software and any copies which this License authorizes you to make are subject to this License. This License grants no right or license under any trademarks, service marks, or tradenames of Apple.
2. Permitted Uses and Restrictions. This License allows you to copy, install and use the Apple Software on an unlimited number of computers under your direct control. You may modify and create derivative works of the Apple Software ("Modified Software"), however, you may not modify or create derivative works of the fonts provided by Apple ("Fonts"). You may distribute and sublicense such Modified Software only under the terms of a valid, binding license that makes no representations or warranties on behalf of Apple, and is no less protective of Apple and Apple's rights than this License. You may distribute and sublicense the Fonts only as a part of and for use with Modified Software, and not as a part of or for use with Modified Software that is distributed or sublicensed for a fee or for other valuable consideration. If the Modified Software contains modifications, overwrites, replacements, deletions, additions, or ports to new platforms of: (1) the methods of existing class objects or their existing relationships, or (2) any part of the virtual machine, then for so long as the Modified Software is distributed or sublicensed to others, such modified, overwritten, replaced, deleted, added and ported portions of the Modified Software must be made publicly available, preferably by means of download from a website, at no charge under the terms set forth in Exhibit A below. You may transfer your rights under this License provided you transfer this License and a copy of the Apple Software to a party who agrees to accept the terms of this License and destroy any other copies of the Apple Software in your possession. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License.
3. Disclaimer Of Warranty. The Apple Software is pre-release, and untested, or not fully tested. The Apple Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Apple Software is at your sole risk. You acknowledge that Apple has not publicly announced, nor promised or guaranteed to you, that Apple will release a final, commercial or any future pre-release version of the Apple Software to you or anyone in the future, and that Apple has no express or implied obligation to announce or introduce a final, commercial or any future pre-release version of the Apple Software or any similar or compatible product, or to continue to offer or support the Apple Software in the future. The Apple Software is provided "AS-IS" and without warranty of any kind and Apple and Apple's licensor(s) (for the purposes of Sections 3 and 4, Apple and Apple's licensor(s) shall be collectively referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. FURTHERMORE, APPLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING APPLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY APPLE'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
5. Indemnification. You agree to indemnify and hold Apple harmless from any and all damages, liabilities, costs and expenses (including but not limited to attorneys' fees and costs of suit) incurred by Apple as a result of any claim, proceeding, and/or judgment to the extent it arises out of or is connected in any manner with the operation, use, distribution or modification of Modified Software, or the combination of Apple Software or Modified Software with other programs; provided that Apple notifies Licensee of any such claim or proceeding in writing, tenders to Licensee the opportunity to defend or settle such claim or proceeding at Licensee's expense, and cooperates with Licensee in defending or settling such claim or proceeding.
6. Export Law Assurances. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Apple Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the Apple Software is supplied to the United States Government, the Apple Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Apple Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary of Apple in the country in which the Apple Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple.
Where the Licensee is located in the province of Quebec, Canada, the following clause applies: The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.
EXHIBIT A
License. You may copy, install, use, modify and create derivative works of the (Modified Software) "Changed Software" (but you may not modify or create derivative works of the (Fonts)) and distribute and sublicense such Changed Software, provided however, that if the Changed Software contains modifications, overwrites, replacements, deletions, additions, or ports to new platforms of: (1) the methods of existing classes objects or their existing relationships, or (2) any part of the virtual machine, then for so long as the Changed Software is distributed or sublicensed to others, such modified, overwritten, replaced, deleted, added and ported portions of the Changed Software must be made publicly available, preferably by means of download from a website, at no charge under the terms of a license that makes no representations or warranties on behalf of any third party, is no less protective of (the licensors of the Modified Software) and its licensors, and contains the terms set forth in Exhibit A below (which should contain the terms of this Exhibit A). You may distribute and sublicense the (Fonts) only as a part of and for use with Changed Software, and not as a part of or for use with Changed Software that is distributed or sublicensed for a fee or for other valuable consideration.
To anyone who acknowledges that the file "sRGB Color Space Profile.icm"
is provided "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY:
permission to use, copy and distribute this file for any purpose is hereby
granted without fee, provided that the file is not changed including the HP
copyright notice tag, and that the name of Hewlett-Packard Company not be
used in advertising or publicity pertaining to distribution of the software
without specific, written prior permission. Hewlett-Packard Company makes
no representations about the suitability of this software for any purpose.
Modification and redistribution in source and binary forms is
permitted provided that due credit is given to the author and the
OpenBSD project by leaving this copyright notice intact.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions
apply to all code found in this distribution, be it the RC4, RSA,
lhash, DES, etc., code; not just the SSL code. The SSL documentation
included with this distribution is covered by the same copyright terms
except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in
the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution
as the author of the parts of the library used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library
being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from
the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The licence and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution licence
[including the GNU Public Licence.]
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions
apply to all code found in this distribution, be it the RC4, RSA,
lhash, DES, etc., code; not just the SSL code. The SSL documentation
included with this distribution is covered by the same copyright terms
except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in
the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution
as the author of the parts of the library used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library
being used are not cryptographic related :-).
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The licence and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution licence
[including the GNU Public Licence.]
Redistribution and use in source and binary forms, with or without
modification, are permitted, provided that the following conditions are met:
1. Redistribution of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of STMicroelectronics nor the names of other
contributors to this software may be used to endorse or promote products
derived from this software without specific written permission.
4. This software, including modifications and/or derivative works of this
software, must execute solely and exclusively on microcontroller or
microprocessor devices manufactured by or for STMicroelectronics.
5. Redistribution and use of this software other than as permitted under
this license is void and will automatically terminate your rights under
this license.
THIS SOFTWARE IS PROVIDED BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT
SHALL STMICROELECTRONICS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SLA0044 Rev5/February 2018
BY INSTALLING COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THIS SOFTWARE
OR ANY PART THEREOF (AND THE RELATED DOCUMENTATION) FROM STMICROELECTRONICS
INTERNATIONAL N.V, SWISS BRANCH AND/OR ITS AFFILIATED COMPANIES
(STMICROELECTRONICS), THE RECIPIENT, ON BEHALF OF HIMSELF OR HERSELF, OR ON
BEHALF OF ANY ENTITY BY WHICH SUCH RECIPIENT IS EMPLOYED AND/OR ENGAGED AGREES
TO BE BOUND BY THIS SOFTWARE LICENSE AGREEMENT.
Under STMicroelectronics’ intellectual property rights, the redistribution,
reproduction and use in source and binary forms of the software or any part
thereof, with or without modification, are permitted provided that the following
conditions are met:
1. Redistribution of source code (modified or not) must retain any copyright
notice, this list of conditions and the disclaimer set forth below as items 10
and 11.
2. Redistributions in binary form, except as embedded into microcontroller or
microprocessor device manufactured by or for STMicroelectronics or a software
update for such device, must reproduce any copyright notice provided with the
binary code, this list of conditions, and the disclaimer set forth below as
items 10 and 11, in documentation and/or other materials provided with the
distribution.
3. Neither the name of STMicroelectronics nor the names of other contributors
to this software may be used to endorse or promote products derived from this
software or part thereof without specific written permission.
4. This software or any part thereof, including modifications and/or derivative
works of this software, must be used and execute solely and exclusively on or in
combination with a microcontroller or microprocessor device manufactured by or
for STMicroelectronics.
5. No use, reproduction or redistribution of this software partially or totally
may be done in any manner that would subject this software to any Open Source
Terms. “Open Source Terms” shall mean any open source license which requires as
part of distribution of software that the source code of such software is
distributed therewith or otherwise made available, or open source license that
substantially complies with the Open Source definition specified at
www.opensource.org and any other comparable open source license such as for
example GNU General Public License (GPL), Eclipse Public License (EPL), Apache
Software License, BSD license or MIT license.
6. STMicroelectronics has no obligation to provide any maintenance, support or
updates for the software.
7. The software is and will remain the exclusive property of STMicroelectronics
and its licensors. The recipient will not take any action that jeopardizes
STMicroelectronics and its licensors' proprietary rights or acquire any rights
in the software, except the limited rights specified hereunder.
8. The recipient shall comply with all applicable laws and regulations
affecting the use of the software or any part thereof including any applicable
export control law or regulation.
9. Redistribution and use of this software or any part thereof other than as
permitted under this license is void and will automatically terminate your
rights under this license.
10. THIS SOFTWARE IS PROVIDED BY STMICROELECTRONICS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, WHICH ARE DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL STMICROELECTRONICS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
11. EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, NO LICENSE OR OTHER RIGHTS, WHETHER
EXPRESS OR IMPLIED, ARE GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY
RIGHTS OF STMICROELECTRONICS OR ANY THIRD PARTY.
STABILITY AI COMMUNITY LICENSE AGREEMENT
Last Updated: July 5, 2024
INTRODUCTION
This Agreement applies to any individual person or entity (“You”, “Your” or “Licensee”) that uses or distributes any portion or element of the Stability AI Materials or Derivative Works thereof for any Research & Non-Commercial or Commercial purpose. Capitalized terms not otherwise defined herein are defined in Section V below.
This Agreement is intended to allow research, non-commercial, and limited commercial uses of the Models free of charge. In order to ensure that certain limited commercial uses of the Models continue to be allowed, this Agreement preserves free access to the Models for people or organizations generating annual revenue of less than US $1,000,000 (or local currency equivalent).
By clicking “I Accept” or by using or distributing or using any portion or element of the Stability Materials or Derivative Works, You agree that You have read, understood and are bound by the terms of this Agreement. If You are acting on behalf of a company, organization or other entity, then “You” includes you and that entity, and You agree that You: (i) are an authorized representative of such entity with the authority to bind such entity to this Agreement, and (ii) You agree to the terms of this Agreement on that entity’s behalf.
RESEARCH & NON-COMMERCIAL USE LICENSE
Subject to the terms of this Agreement, Stability AI grants You a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable and royalty-free limited license under Stability AI’s intellectual property or other rights owned by Stability AI embodied in the Stability AI Materials to use, reproduce, distribute, and create Derivative Works of, and make modifications to, the Stability AI Materials for any Research or Non-Commercial Purpose. “Research Purpose” means academic or scientific advancement, and in each case, is not primarily intended for commercial advantage or monetary compensation to You or others. “Non-Commercial Purpose” means any purpose other than a Research Purpose that is not primarily intended for commercial advantage or monetary compensation to You or others, such as personal use (i.e., hobbyist) or evaluation and testing.
COMMERCIAL USE LICENSE
Subject to the terms of this Agreement (including the remainder of this Section III), Stability AI grants You a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable and royalty-free limited license under Stability AI’s intellectual property or other rights owned by Stability AI embodied in the Stability AI Materials to use, reproduce, distribute, and create Derivative Works of, and make modifications to, the Stability AI Materials for any Commercial Purpose. “Commercial Purpose” means any purpose other than a Research Purpose or Non-Commercial Purpose that is primarily intended for commercial advantage or monetary compensation to You or others, including but not limited to, (i) creating, modifying, or distributing Your product or service, including via a hosted service or application programming interface, and (ii) for Your business’s or organization’s internal operations. If You are using or distributing the Stability AI Materials for a Commercial Purpose, You must register with Stability AI at (https://stability.ai/community-license). If at any time You or Your Affiliate(s), either individually or in aggregate, generate more than USD $1,000,000 in annual revenue (or the equivalent thereof in Your local currency), regardless of whether that revenue is generated directly or indirectly from the Stability AI Materials or Derivative Works, any licenses granted to You under this Agreement shall terminate as of such date. You must request a license from Stability AI at (https://stability.ai/enterprise) , which Stability AI may grant to You in its sole discretion. If you receive Stability AI Materials, or any Derivative Works thereof, from a Licensee as part of an integrated end user product, then Section III of this Agreement will not apply to you.
GENERAL TERMS
Your Research, Non-Commercial, and Commercial License(s) under this Agreement are subject to the following terms. a. Distribution & Attribution. If You distribute or make available the Stability AI Materials or a Derivative Work to a third party, or a product or service that uses any portion of them, You shall: (i) provide a copy of this Agreement to that third party, (ii) retain the following attribution notice within a "Notice" text file distributed as a part of such copies: "This Stability AI Model is licensed under the Stability AI Community License, Copyright © Stability AI Ltd. All Rights Reserved”, and (iii) prominently display “Powered by Stability AI” on a related website, user interface, blogpost, about page, or product documentation. If You create a Derivative Work, You may add your own attribution notice(s) to the “Notice” text file included with that Derivative Work, provided that You clearly indicate which attributions apply to the Stability AI Materials and state in the “Notice” text file that You changed the Stability AI Materials and how it was modified. b. Use Restrictions. Your use of the Stability AI Materials and Derivative Works, including any output or results of the Stability AI Materials or Derivative Works, must comply with applicable laws and regulations (including Trade Control Laws and equivalent regulations) and adhere to the Documentation and Stability AI’s AUP, which is hereby incorporated by reference. Furthermore, You will not use the Stability AI Materials or Derivative Works, or any output or results of the Stability AI Materials or Derivative Works, to create or improve any foundational generative AI model (excluding the Models or Derivative Works). c. Intellectual Property. (i) Trademark License. No trademark licenses are granted under this Agreement, and in connection with the Stability AI Materials or Derivative Works, You may not use any name or mark owned by or associated with Stability AI or any of its Affiliates, except as required under Section IV(a) herein. (ii) Ownership of Derivative Works. As between You and Stability AI, You are the owner of Derivative Works You create, subject to Stability AI’s ownership of the Stability AI Materials and any Derivative Works made by or for Stability AI. (iii) Ownership of Outputs. As between You and Stability AI, You own any outputs generated from the Models or Derivative Works to the extent permitted by applicable law. (iv) Disputes. If You or Your Affiliate(s) institute litigation or other proceedings against Stability AI (including a cross-claim or counterclaim in a lawsuit) alleging that the Stability AI Materials, Derivative Works or associated outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by You, then any licenses granted to You under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Stability AI from and against any claim by any third party arising out of or related to Your use or distribution of the Stability AI Materials or Derivative Works in violation of this Agreement. (v) Feedback. From time to time, You may provide Stability AI with verbal and/or written suggestions, comments or other feedback related to Stability AI’s existing or prospective technology, products or services (collectively, “Feedback”). You are not obligated to provide Stability AI with Feedback, but to the extent that You do, You hereby grant Stability AI a perpetual, irrevocable, royalty-free, fully-paid, sub-licensable, transferable, non-exclusive, worldwide right and license to exploit the Feedback in any manner without restriction. Your Feedback is provided “AS IS” and You make no warranties whatsoever about any Feedback. d. Disclaimer Of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE STABILITY AI MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OR LAWFULNESS OF USING OR REDISTRIBUTING THE STABILITY AI MATERIALS, DERIVATIVE WORKS OR ANY OUTPUT OR RESULTS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE STABILITY AI MATERIALS, DERIVATIVE WORKS AND ANY OUTPUT AND RESULTS. e. Limitation Of Liability. IN NO EVENT WILL STABILITY AI OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF STABILITY AI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. f. Term And Termination. The term of this Agreement will commence upon Your acceptance of this Agreement or access to the Stability AI Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Stability AI may terminate this Agreement if You are in breach of any term or condition of this Agreement. Upon termination of this Agreement, You shall delete and cease use of any Stability AI Materials or Derivative Works. Section IV(d), (e), and (g) shall survive the termination of this Agreement. g. Governing Law. This Agreement will be governed by and constructed in accordance with the laws of the United States and the State of California without regard to choice of law principles, and the UN Convention on Contracts for International Sale of Goods does not apply to this Agreement.
DEFINITIONS
“Affiliate(s)” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity; for purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Agreement" means this Stability AI Community License Agreement.
“AUP” means the Stability AI Acceptable Use Policy available at (https://stability.ai/use-policy), as may be updated from time to time.
"Derivative Work(s)” means (a) any derivative work of the Stability AI Materials as recognized by U.S. copyright laws and (b) any modifications to a Model, and any other model created which is based on or derived from the Model or the Model’s output, including “fine tune” and “low-rank adaptation” models derived from a Model or a Model’s output, but do not include the output of any Model.
“Documentation” means any specifications, manuals, documentation, and other written information provided by Stability AI related to the Software or Models.
“Model(s)" means, collectively, Stability AI’s proprietary models and algorithms, including machine-learning models, trained model weights and other elements of the foregoing listed on Stability’s Core Models Webpage available at (https://stability.ai/core-models), as may be updated from time to time.
"Stability AI" or "we" means Stability AI Ltd. and its Affiliates.
"Software" means Stability AI’s proprietary software made available under this Agreement now or in the future.
“Stability AI Materials” means, collectively, Stability’s proprietary Models, Software and Documentation (and any portion or combination thereof) made available under this Agreement.
“Trade Control Laws” means any applicable U.S. and non-U.S. export control and trade sanctions laws and regulations.
STABILITY AI NON-COMMERCIAL RESEARCH COMMUNITY LICENSE AGREEMENT
Dated: December 06, 2023
By using or distributing any portion or element of the Models, Software, Software Products or Derivative Works, you agree to be bound by this Agreement.
"Agreement" means this Stable Non-Commercial Research Community License Agreement.
“AUP” means the Stability AI Acceptable Use Policy available at https://stability.ai/use-policy, as may be updated from time to time.
"Derivative Work(s)” means (a) any derivative work of the Software Products as recognized by U.S. copyright laws and (b) any modifications to a Model, and any other model created which is based on or derived from the Model or the Model’s output. For clarity, Derivative Works do not include the output of any Model.
“Documentation” means any specifications, manuals, documentation, and other written information provided by Stability AI related to the Software.
"Licensee" or "you" means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity's behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf.
“Model(s)" means, collectively, Stability AI’s proprietary models and algorithms, including machine-learning models, trained model weights and other elements of the foregoing, made available under this Agreement.
“Non-Commercial Uses” means exercising any of the rights granted herein for the purpose of research or non-commercial purposes. Non-Commercial Uses does not include any production use of the Software Products or any Derivative Works.
"Stability AI" or "we" means Stability AI Ltd. and its affiliates.
"Software" means Stability AI’s proprietary software made available under this Agreement.
“Software Products” means the Models, Software and Documentation, individually or in any combination.
1. License Rights and Redistribution.
a. Subject to your compliance with this Agreement, the AUP (which is hereby incorporated herein by reference), and the Documentation, Stability AI grants you a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, royalty free and limited license under Stability AI’s intellectual property or other rights owned or controlled by Stability AI embodied in the Software Products to use, reproduce, distribute, and create Derivative Works of, the Software Products, in each case for Non-Commercial Uses only.
b. You may not use the Software Products or Derivative Works to enable third parties to use the Software Products or Derivative Works as part of your hosted service or via your APIs, whether you are adding substantial additional functionality thereto or not. Merely distributing the Software Products or Derivative Works for download online without offering any related service (ex. by distributing the Models on HuggingFace) is not a violation of this subsection. If you wish to use the Software Products or any Derivative Works for commercial or production use or you wish to make the Software Products or any Derivative Works available to third parties via your hosted service or your APIs, contact Stability AI at https://stability.ai/contact.
c. If you distribute or make the Software Products, or any Derivative Works thereof, available to a third party, the Software Products, Derivative Works, or any portion thereof, respectively, will remain subject to this Agreement and you must (i) provide a copy of this Agreement to such third party, and (ii) retain the following attribution notice within a "Notice" text file distributed as a part of such copies: "This Stability AI Model is licensed under the Stability AI Non-Commercial Research Community License, Copyright (c) Stability AI Ltd. All Rights Reserved.” If you create a Derivative Work of a Software Product, you may add your own attribution notices to the Notice file included with the Software Product, provided that you clearly indicate which attributions apply to the Software Product and you must state in the NOTICE file that you changed the Software Product and how it was modified.
2. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE SOFTWARE PRODUCTS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE SOFTWARE PRODUCTS, DERIVATIVE WORKS OR ANY OUTPUT OR RESULTS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE PRODUCTS, DERIVATIVE WORKS AND ANY OUTPUT AND RESULTS.
3. Limitation of Liability. IN NO EVENT WILL STABILITY AI OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF STABILITY AI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
4. Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in connection with the Software Products or Derivative Works, neither Stability AI nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Software Products or Derivative Works.
b. Subject to Stability AI’s ownership of the Software Products and Derivative Works made by or for Stability AI, with respect to any Derivative Works that are made by you, as between you and Stability AI, you are and will be the owner of such Derivative Works
c. If you institute litigation or other proceedings against Stability AI (including a cross-claim or counterclaim in a lawsuit) alleging that the Software Products, Derivative Works or associated outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Stability AI from and against any claim by any third party arising out of or related to your use or distribution of the Software Products or Derivative Works in violation of this Agreement.
5. Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Software Products and will continue in full force and effect until terminated in accordance with the terms and conditions herein. Stability AI may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of any Software Products or Derivative Works. Sections 2-4 shall survive the termination of this Agreement.
6. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California without regard to choice of law
principles.
Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors
CreativeML Open RAIL-M
dated August 22, 2022
Section I: PREAMBLE
Multimodal generative models are being widely adopted and used, and have the potential to transform the way artists, among other individuals, conceive and benefit from AI or ML technologies as a tool for content creation.
Notwithstanding the current and potential benefits that these artifacts can bring to society at large, there are also concerns about potential misuses of them, either due to their technical limitations or ethical considerations.
In short, this license strives for both the open and responsible downstream use of the accompanying model. When it comes to the open character, we took inspiration from open source permissive licenses regarding the grant of IP rights. Referring to the downstream responsible use, we added use-based restrictions not permitting the use of the Model in very specific scenarios, in order for the licensor to be able to enforce the license in case potential misuses of the Model may occur. At the same time, we strive to promote open and responsible research on generative models for art and content generation.
Even though downstream derivative versions of the model could be released under different licensing terms, the latter will always have to include - at minimum - the same use-based restrictions as the ones in the original license (this license). We believe in the intersection between open and responsible AI development; thus, this License aims to strike a balance between both in order to enable responsible open-science in the field of AI.
This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model.
NOW THEREFORE, You and Licensor agree as follows:
1. Definitions
- "License" means the terms and conditions for use, reproduction, and Distribution as defined in this document.
- "Data" means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License.
- "Output" means the results of operating a Model as embodied in informational content resulting therefrom.
- "Model" means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material.
- "Derivatives of the Model" means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including - but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model.
- "Complementary Material" means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc, if any.
- "Distribution" means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means - e.g. API-based or web access.
- "Licensor" means the copyright owner or entity authorized by the copyright owner that is granting the License, including the persons or entities that may have rights in the Model and/or distributing the Model.
- "You" (or "Your") means an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator, image generator.
- "Third Parties" means individuals or legal entities that are not under common control with Licensor or You.
- "Contribution" means any work of authorship, including the original version of the Model and any modifications or additions to that Model or Derivatives of the Model thereof, that is intentionally submitted to Licensor for inclusion in the Model by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Model, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
- "Contributor" means Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Model.
Section II: INTELLECTUAL PROPERTY RIGHTS
Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model.
3. Grant of Patent License. Subject to the terms and conditions of this License and where and as applicable, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Model to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material or a Contribution incorporated within the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or Work shall terminate as of the date such litigation is asserted or filed.
Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION
4. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions:
Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users You Distribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material.
You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License;
You must cause any modified files to carry prominent notices stating that You changed the files;
You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions - respecting paragraph 4.a. - for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License.
5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).
6. The Output You Generate. Except as set forth herein, Licensor claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License.
Section IV: OTHER PROVISIONS
7. Updates and Runtime Restrictions. To the maximum extent permitted by law, Licensor reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License, update the Model through electronic means, or modify the Output of the Model based on updates. You shall undertake reasonable efforts to use the latest version of the Model.
8. Trademarks and related. Nothing in this License permits You to make use of Licensors’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by the Licensors.
9. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Model and the Complementary Material (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License.
10. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Model and the Complementary Material (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
11. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
12. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein.
END OF TERMS AND CONDITIONS
Attachment A
Use Restrictions
You agree not to use the Model or Derivatives of the Model:
- In any way that violates any applicable national, federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both the copyright notice and this permission notice and warranty
disclaimer appear in supporting documentation, and that the names of the
authors or their employers not be used in advertising or publicity
pertaining to distribution of the software without specific, written
prior permission.
The authors and their employers disclaim all warranties with regard to
this software, including all implied warranties of merchantability and
fitness. In no event shall the authors or their employers be liable for
any special, indirect or consequential damages or any damages whatsoever
resulting from loss of use, data or profits, whether in an action of
contract, negligence or other tortious action, arising out of or in
connection with the use or performance of this software.
The mrouted program is covered by the following license. Use of the
mrouted program represents acceptance of these terms and conditions.
1. STANFORD grants to LICENSEE a nonexclusive and nontransferable license
to use, copy and modify the computer software ``mrouted'' (hereinafter
called the ``Program''), upon the terms and conditions hereinafter set
out and until Licensee discontinues use of the Licensed Program.
2. LICENSEE acknowledges that the Program is a research tool still in
the development state, that it is being supplied ``as is,'' without any
accompanying services from STANFORD, and that this license is entered
into in order to encourage scientific collaboration aimed at further
development and application of the Program.
3. LICENSEE may copy the Program and may sublicense others to use object
code copies of the Program or any derivative version of the Program.
All copies must contain all copyright and other proprietary notices found
in the Program as provided by STANFORD. Title to copyright to the
Program remains with STANFORD.
4. LICENSEE may create derivative versions of the Program. LICENSEE
hereby grants STANFORD a royalty-free license to use, copy, modify,
distribute and sublicense any such derivative works. At the time
LICENSEE provides a copy of a derivative version of the Program to a
third party, LICENSEE shall provide STANFORD with one copy of the source
code of the derivative version at no charge to STANFORD.
5. STANFORD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
By way of example, but not limitation, STANFORD MAKES NO REPRESENTATION
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR
THAT THE USE OF THE LICENSED PROGRAM WILL NOT INFRINGE ANY PATENTS,
COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. STANFORD shall not be held liable
for any liability nor for any direct, indirect or consequential damages
with respect to any claim by LICENSEE or any third party on account of or
arising from this Agreement or use of the Program.
6. This agreement shall be construed, interpreted and applied in
accordance with the State of California and any legal action arising
out of this Agreement or use of the Program shall be filed in a court
in the State of California.
7. Nothing in this Agreement shall be construed as conferring rights to
use in advertising, publicity or otherwise any trademark or the name
of ``Stanford''.
The mrouted program is COPYRIGHT 1989 by The Board of Trustees of
Leland Stanford Junior University.
PUBLIC DOMAIN LICENSE: Stanford University Portable Video Research Group.
If you use this software, you agree to the following:
This program package is purely experimental, and is licensed "as is". Permission
is granted to use, modify, and distribute this program without charge for any
purpose, provided this license/disclaimer notice appears in the copies. No
warranty or maintenance is given, either expressed or implied. In no event shall
the author(s) be liable to you or a third party for any special, incidental,
consequential, or other damages, arising out of the use or inability to use the
program for any purpose (or the loss of data), even if we have been advised of
such possibilities. Any public reference or advertisement of this source code
should refer to it as the Portable Video Research Group (PVRG).
Redistribution and use of the StateWizard Engine in source and binary forms,
with or without modification, are permitted provided that the following
conditions are met:
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
Redistributions of source code modifications must send back to the Intelliwizard
Project and republish them.
All advertising materials mentioning features or use of this software must
display the following acknowledgment: "This product includes software developed
by the IntelliWizard Project for use in the StateWizard Engine.
(http://www.intelliwizard.com/)" The names "StateWizard Engine" and
"IntelliWizard Project" must not be used to endorse or promote products derived
from this software without prior written permission. For written permission,
please contact info@intelliwizard.com. Products derived from this software may
not be called "StateWizard" nor may "StateWizard" appear in their names without
prior written permission of the StateWizard Project.
Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the Intelliwizard Project for use
in the StateWizard Engine (http://www.intelliwizard.com/)"
THIS SOFTWARE IS PROVIDED BY THE IntelliWizard PROJECT ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE IntelliWizard PROJECT OR ITS CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Streaming API for XML (JSR-173) Specification Reference Implementation License Agreement
READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING THE SOFTWARE LICENSED HEREUNDER. BY VIEWING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED HEREIN.
1.0 DEFINITIONS.
1.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code.
1.2. "Contributor" means BEA and each entity that creates or contributes to the creation of Modifications.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof and corresponding documentation released with the source code.
1.4. "Executable" means Covered Code in any form other than Source Code.
1.5. "FCS" means first commercial shipment of a product.
1.6. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
(a) Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
(b) Any new file that contains any part of the Original Code or previous Modifications.
1.7. "Original Code" means Source Code of computer software code Reference Implementation.
1.8. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent for which the grantor has the right to grant a license.
1.9. "Reference Implementation" means the prototype or "proof of concept" implementation of the Specification developed and made available for license by or on behalf of BEA.
1.10. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated documentation, interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice.
1.11. "Specification" means the written specification for the Streaming API for XML , Java technology developed pursuant to the Java Community Process.
1.12. "Technology Compatibility Kit" or "TCK" means the documentation, testing tools and test suites associated with the Specification as may be revised by BEA from time to time, that is provided so that an implementer of the Specification may determine if its implementation is compliant with the Specification.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement or a future version of this Agreement issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2.0 SOURCE CODE LICENSE.
2.1. Copyright Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Covered Code of such Contributor, if any, and such derivative works, in Source Code and Executable form.
2.2. Patent Grant. Subject to the terms of this Agreement, each Contributor hereby grants You a non-exclusive, worldwide, royalty-free patent license under the Patent Claims to make, use, sell, offer to sell, import and otherwise transfer the Covered Code prepared and provided by such Contributor, if any, in Source Code and Executable form. This patent license shall apply to the Covered Code if, at the time a Modification is added by the Contributor, such addition of the Modification causes such combination to be covered by the Patent Claims. The patent license shall not apply to any other combinations which include the Modification.
2.3. Conditions to Grants. You understand that although each Contributor grants the licenses to the Covered Code prepared by it, no assurances are provided by any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute Covered Code, it is Your responsibility to acquire that license before distributing such code.
2.4. Contributors’ Representation. Each Contributor represents that to its knowledge it has sufficient copyright rights in the Covered Code it provides , if any, to grant the copyright license set forth in this Agreement.
3.0 DISTRIBUION RESTRICTIONS.
3.1. Application of Agreement.
The Modifications which You create or to which You contribute are governed by the terms of this Agreement, including without limitation Section 2.0. The Source Code version of Covered Code may be distributed only under the terms of this Agreement or a future version of this Agreement released under Section 6.1, and You must include a copy of this Agreement with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this Agreement or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.3.
3.2. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by BEA and including the name of BEA in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.3. Required Notices.
You must duplicate the following notice in each file of the Source Code:
"(c) 2002, 2003 BEA Systems, Inc. All rights Reserved. The contents of this file are subject to the BEA Streaming API for XML Specification Reference Implementation License Agreement (the "Agreement"); you may not use this file except in compliance with the Agreement. A copy of the Agreement is available at http://www.bea.com/"
If You created one or more Modification(s) You may add your name as a Contributor to the copyright portion of the notice above. You must also duplicate this Agreement in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of BEA or any other Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify BEA and every other Contributor for any liability incurred by BEA or such other Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.4. Distribution of Executable Versions.
You may choose to distribute Covered Code in Executable form under its own license agreement, provided that:
(a) You comply with the terms and conditions of this Agreement; and
(b) Your license agreement: (i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; (ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; (iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and (iv) states that Source Code for the Covered Code is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
(c) You do not use any marks, brands or logos associated with the JCP Specification, or otherwise promote or market any Covered Code, as being compatible, compliant, conformant or otherwise consistent with the Specification unless such product passes, in accordance with the documentation (including the TCK Users Guide, if any), the most current TCK applicable to the latest version of the Specification and available from BEA one hundred twenty (120) days before FCS of such version of the product; provided, however, that if You elect to use a version of the TCK also provided by BEA that is newer than that which is required under this Section 2.1(b)(v), then You agree to pass such TCK.
3.5. Distribution of Source Code Versions.
When You make Covered Code available in Source Code form:
(a) it must be made available under this Agreement; and
(b) a copy of this Agreement must be included with each copy of the Covered Code.
You may not remove or alter any copyright notices contained within the Covered Code. Each Contributor must identify itself as the originator of its contribution to the Covered Code, if any, in a manner that reasonably allows subsequent licensees to identify the originator of each portion of the Covered Code.
4.0 DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT BEA OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
5.0 TERMINATION.
5.1. This Agreement and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this Agreement. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive.
5.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against BEA or a Contributor (BEA or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Covered Code directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.0of this Agreement shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Covered Code against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Section 2.0 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Covered Code, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.0 are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
5.3. If You assert a patent infringement claim against Participant alleging that such Participant's Covered Code directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.0 shall be taken into account in determining the amount or value of any payment or license.
5.4. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
6.0 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOUBEA, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
7.0 U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
8.0 MISCELLANEOUS.
This Agreement represents the complete agreement concerning subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement.
9.0 RESPONSIBILITY FOR CLAIMS.
As between BEA and the other Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this Agreement and You agree to work with BEA and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
STLport License Agreement
Boris Fomitchev grants Licensee a non-exclusive, non-transferable, royalty- free
license to use STLport and its documentation without fee.
By downloading, using, or copying STLport or any portion thereof, Licensee
agrees to abide by the intellectual property laws and all other applicable laws
of the United States of America, and to all of the terms and conditions of this
Agreement.
Licensee shall maintain the following copyright and permission notices on
STLport sources and its documentation unchanged :
Copyright 1999,2000 Boris Fomitchev
This material is provided "as is", with absolutely no warranty expressed or
implied. Any use is at your own risk. Permission to use or copy this software
for any purpose is hereby granted without fee, provided the above notices are
retained on all copies. Permission to modify the code and to distribute modified
code is granted, provided the above notices are retained, and a notice that the
code was modified is included with the above copyright notice.
The Licensee may distribute binaries compiled with STLport (whether original or modified) without any royalties or restrictions.
The Licensee may distribute original or modified STLport sources, provided that:
• The conditions indicated in the above permission notice are met;
• The following copyright notices are retained when present, and conditions
provided in accompanying permission notices are met :
Copyright 1994 Hewlett-Packard Company
Copyright 1996,97 Silicon Graphics Computer Systems, Inc.
Copyright 1997 Moscow Center for SPARC Technology.
Permission to use, copy, modify, distribute and sell this software and its
documentation for any purpose is hereby granted without fee, provided that the
above copyright notice appear in all copies and that both that copyright notice
and this permission notice appear in supporting documentation. Hewlett-Packard
Company makes no representations about the suitability of this software for any
purpose. It is provided "as is" without express or implied warranty.
Permission to use, copy, modify, distribute and sell this software and its
documentation for any purpose is hereby granted without fee, provided that the
above copyright notice appear in all copies and that both that copyright notice
and this permission notice appear in supporting documentation. Silicon Graphics
makes no representations about the suitability of this software for any purpose.
It is provided "as is" without express or implied warranty.
Permission to use, copy, modify, distribute and sell this software and its
documentation for any purpose is hereby granted without fee, provided that the
above copyright notice appear in all copies and that both that copyright notice
and this permission notice appear in supporting documentation. Moscow Center for
SPARC Technology makes no representations about the suitability of this software
for any purpose. It is provided "as is" without express or implied warranty.
This material is provided "as is", with absolutely no warranty expressed
or implied. Any use is at your own risk.
Permission to use or copy this software for any purpose is hereby
granted without fee, provided the above notices are retained on all
copies.
Permission to modify the code and to distribute modified code is
granted, provided the above notices are retained, and a notice that
the code was modified is included with the above copyright notice.
The STMicroelectronics corporate logo is a trademark of STMicroelectronics
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
- Neither the name nor trademarks of STMicroelectronics International N.V. nor
any other STMicroelectronics company nor the names of its contributors may be
used to endorse or promote products derived from this software without specific
prior written permission.
- All of the icons, pictures, logos and other images that are provided with the
source code in a directory whose title begins with st_images may only be used
for internal purposes and shall not be redistributed to any third party or
modified in any way.
- Any redistributions in binary form shall not include the capability to display
any of the icons, pictures, logos and other images that are provided with the
source code in a directory whose title begins with st_images.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution. Redistribution and use in binary form, without modification,
are permitted provided that the following conditions are met:
* Redistributions must reproduce the above copyright notice and the following
disclaimer in the documentation and/or other materials provided with the
distribution.
* Neither the name of ST Microelectronics NV. nor the names of its suppliers
may be used to endorse or promote products derived from this software without
specific prior written permission.
* No reverse engineering, decompilation, or disassembly of this software is
permitted.
Limited patent license. ST Microelectronics NV. grants a world-wide, royalty-free,
non-exclusive license under patents it now or hereafter owns or controls to make,
have made, use, import, offer to sell and sell ("Utilize") this software, but
solely to the extent that any such patent is necessary to Utilize the software in
conjunction with an ST Microelectronics chipset. The patent license shall not
apply to any other combinations which include this software. No hardware per se
is licensed hereunder.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS ANDCONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
License:
1. You are free to use this program and/or to redistribute
this program.
2. You are free to modify this program for your own use,
including commercial use, subject to the publication
restrictions in item 3.
3. You are free to publish results obtained from running this
program, or from works that you derive from this program,
with the following limitations:
3a. In order to be referred to as "STREAM benchmark results",
published results must be in conformance to the STREAM
Run Rules, (briefly reviewed below) published at
http://www.cs.virginia.edu/stream/ref.html
and incorporated herein by reference.
As the copyright holder, John McCalpin retains the
right to determine conformity with the Run Rules.
3b. Results based on modified source code or on runs not in
accordance with the STREAM Run Rules must be clearly
labelled whenever they are published. Examples of
proper labelling include:
"tuned STREAM benchmark results"
"based on a variant of the STREAM benchmark code"
Other comparable, clear, and reasonable labelling is
acceptable.
3c. Submission of results to the STREAM benchmark web site
is encouraged, but not required.
4. Use of this program or creation of derived works based on this
program constitutes acceptance of these licensing restrictions.
5. Absolutely no warranty is expressed or implied.
Linking strongSwan statically or dynamically with other modules is making a
combined work based on strongSwan. Thus, the terms and conditions of the GNU
General Public License cover the whole combination.
In addition, as a special exception, the copyright holders of strongSwan give
you permission to combine strongSwan with free software programs or libraries
that are released under the GNU LGPL and with code included in the standard
release of the OpenSSL project's OpenSSL library under the OpenSSL or SSLeay
licenses (or modified versions of such code, with unchanged license). You may
copy and distribute such a system following the terms of the GNU GPL for
strongSwan and the licenses of the other code concerned, provided that you
include the source code of that other code when and as the GNU GPL requires
distribution of source code.
Note that people who make modified versions of strongSwan are not obligated to
grant this special exception for their modified versions; it is their choice
whether to do so. The GNU General Public License gives permission to release a
modified version without this exception; this exception also makes it possible
to release a modified version which carries forward this exception.
This copyright notice must be kept untouched in the stylesheet at all times.
The original version of this stylesheet and the associated (x)html is available at
http://www.stunicholls.com/menu/pro_drop_2.html
Copyright (c) 2005-2007 Stu Nicholls. All rights reserved.
This stylesheet and the associated (x)html may be modified in any way to fit your requirements.
Linking stunnel statically or dynamically with other modules is making a combined work based on stunnel. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
In addition, as a special exception, the copyright holder of stunnel gives you permission to combine stunnel with free software programs or libraries that are released under the GNU LGPL and with code included in the standard release of OpenSSL under the OpenSSL License (or modified versions of such code, with unchanged license). You may copy and distribute such a system following the terms of the GNU GPL for stunnel and the licenses of the other code concerned.
Note that people who make modified versions of stunnel are not obligated to grant this special exception for their modified versions; it is their choice whether to do so. The GNU General Public License gives permission to release a modified version without this exception; this exception also makes it possible to release a modified version which carries forward this exception.
In addition, as a special exception, the copyright holder gives permission to
link the code of this program with the Qt library (or with modified versions of
Qt that use the same license as Qt), and distribute linked combinations
including the two. You must obey the GNU General Public License in all respects
for all of the code used other than Qt. If you modify a file to which this
license applies, you may extend this exception to your version of the file, but
you are not obligated to do so. If you do not wish to do so, delete this
exception statement from your version.
Sudo is distributed under the following license:
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED “AS IS” AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Sponsored in part by the Defense Advanced Research Projects Agency (DARPA) and Air Force Research Laboratory, Air Force Materiel Command, USAF, under agreement number F39502-99-1-0512.
SUGARCRM PUBLIC LICENSE
Version 1.1.3
The SugarCRM Public License Version ("SPL") consists of the Mozilla Public License Version 1.1, modified to be specific to SugarCRM, with the Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
SugarCRM Inc. (''SugarCRM'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by SugarCRM. No one other than SugarCRM has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''SugarCRM'', ''SPL'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the SugarCRM Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the SPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
SugarCRM Public License 1.1.3 - Exhibit A
The contents of this file are subject to the SugarCRM Public License Version 1.1.3
("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is: SugarCRM Open Source
The Initial Developer of the Original Code is SugarCRM, Inc.
Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.;
All Rights Reserved.
Contributor(s): .
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
SugarCRM Public License 1.1.3 - Exhibit B
Additional Terms applicable to the SugarCRM Public License.
I. Effect.
These additional terms described in this SugarCRM Public License – Additional Terms shall apply to the Covered Code under this License.
II. SugarCRM and logo.
This License does not grant any rights to use the trademarks "SugarCRM" and the "SugarCRM" logos even if such marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source Code form distributed must, as a form of attribution of the original author, include on each user interface screen (i) the "Powered by SugarCRM" logo and (ii) the copyright notice in the same form as the latest version of the Covered Code distributed by SugarCRM, Inc. at the time of distribution of such copy. In addition, the "Powered by SugarCRM" logo must be visible to all users and be located at the very bottom center of each user interface screen. Notwithstanding the above, the dimensions of the "Powered By SugarCRM" logo must be at least 106 x 23 pixels. When users click on the "Powered by SugarCRM" logo it must direct them back to http://www.sugarforge.org. In addition, the copyright notice must remain visible to all users at all times at the bottom of the user interface screen. When users click on the copyright notice, it must direct them back to http://www.sugarcrm.com
License Agreement for {ProductName}
Sun Microsystems, Inc. Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability
to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
{ProductName}
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software, complete and unmodified, for the sole purpose of designing,
developing and testing your Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to, Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
6. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
(Form ID#011801)
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
"AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA
PACKAGE, YOU AGREE TO THE TERMS OF THIS
AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a
non-exclusive and non-transferable license for the
internal use only of the accompanying software and
documentation and any error corrections provided
by Sun (collectively "Software"), by the number of
users and the class of computer hardware for which
the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and
copyrighted. Title to Software and all associated
intellectual property rights is retained by Sun
and/or its licensors. Except as specifically
authorized in any Supplemental License Terms, you
may not make copies of Software, other than a
single copy of Software for archival purposes.
Unless enforcement is prohibited by applicable
law, you may not modify, decompile, or reverse
engineer Software. Licensee acknowledges that
Licensed Software is not designed or intended for
use in the design, construction, operation or
maintenance of any nuclear facility. Sun
Microsystems, Inc. disclaims any express or
implied warranty of fitness for such uses. No
right, title or interest in or to any trademark,
service mark, logo or trade name of Sun or its
licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for
a period of ninety (90) days from the date of
purchase, as evidenced by a copy of the receipt,
the media on which Software is furnished (if any)
will be free of defects in materials and
workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". Your
exclusive remedy and Sun's entire liability under
this limited warranty will be at Sun's option to
replace Software media or refund the fee paid for
Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event will
Sun's liability to you, whether in contract, tort
(including negligence), or otherwise, exceed the
amount paid by you for Software under this
Agreement. The foregoing limitations will apply
even if the above stated warranty fails of its
essential purpose.
6. Termination. This Agreement is effective
until terminated. You may terminate this
Agreement at any time by destroying all copies of
Software. This Agreement will terminate
immediately without notice from Sun if you fail to
comply with any provision of this Agreement. Upon
Termination, you must destroy all copies of
Software.
7. Export Regulations. All Software and technical
data delivered under this Agreement are subject to
US export control laws and may be subject to
export or import regulations in other countries.
You agree to comply strictly with all such laws
and regulations and acknowledge that you have the
responsibility to obtain such licenses to export,
re-export, or import as may be required after
delivery to you.
8. U.S. Government Restricted Rights. If Software
is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then
the Government's rights in Software and
accompanying documentation will be only as set
forth in this Agreement; this is in accordance
with 48 CFR 227.7201 through 227.7202-4 (for
Department of Defense (DOD) acquisitions) and with
48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
9. Governing Law. Any action related to this
Agreement will be governed by California law and
controlling U.S. federal law. No choice of law
rules of any jurisdiction will apply.
10. Severability. If any provision of this
Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision
omitted, unless omission would frustrate the
intent of the parties, in which case this
Agreement will immediately terminate.
11. Integration. This Agreement is the entire
agreement between you and Sun relating to its
subject matter. It supersedes all prior or
contemporaneous oral or written communications,
proposals, representations and warranties and
prevails over any conflicting or additional terms
of any quote, order, acknowledgment, or other
communication between the parties relating to its
subject matter during the term of this Agreement.
No modification of this Agreement will be binding,
unless in writing and signed by an authorized
representative of each party.
{ProductName}
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental
Terms") add to or modify the terms of the Binary
Code License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in
these Supplemental Terms shall have the same
meanings ascribed to them in the Binary Code
License Agreement. These Supplemental Terms shall
supersede any inconsistent or conflicting terms in
the Binary Code License Agreement, or in any
license contained within the Software.
1. Software Internal Use and Development License
Grant. Subject to the terms and conditions of this
Agreement, including, but not limited to Section 4
(Java Technology Restrictions) of these
Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license
without fees to reproduce internally and use
internally the binary form of the Software
complete and unmodified for the sole purpose of
designing, developing, testing, and running your
Java applets and applications intended to run on
Java-enabled general purpose desktop computers and
servers ("Programs").
2. License to Distribute Software. Subject to the
terms and conditions of this Agreement, including,
but not limited to Section 4 (Java Technology
Restrictions) of these Supplemental Terms, Sun
grants you a non-exclusive, non-transferable,
limited license without fees to reproduce and
distribute the Software, provided that: (i) you
distribute the Software complete and unmodified
and only bundled as part of, and for the sole
purpose of running, your Programs, (ii) the
Programs add significant and primary functionality
to the Software, (iii) you do not distribute
additional software intended to replace any
component(s) of the Software, (iv) you do not
remove or alter any proprietary legends or notices
contained in the Software, (v) you only distribute
the Software subject to a license agreement that
protects Sun's interests consistent with the terms
contained in this Agreement, and (vi) you agree to
defend and indemnify Sun and its licensors from
and against any damages, costs, liabilities,
settlement amounts and/or expenses (including
attorneys' fees) incurred in connection with any
claim, lawsuit or action by any third party that
arises or results from the use or distribution of
any and all Programs and/or Software.
3. License to Distribute Redistributables. Subject
to the terms and conditions of this Agreement,
including but not limited to Section 4 (Java
Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to
reproduce and distribute those files specifically
identified as redistributable in the Software
"README" file ("Redistributables") provided that:
(i) you distribute the Redistributables complete
and unmodified (unless otherwise specified in the
applicable README file), and only bundled as part
of Programs, (ii) you do not distribute additional
software intended to supersede any component(s) of
the Redistributables, (iii) you do not remove or
alter any proprietary legends or notices contained
in or on the Redistributables, (iv) you only
distribute the Redistributables pursuant to a
license agreement that protects Sun's interests
consistent with the terms contained in the
Agreement, and (v) you agree to defend and
indemnify Sun and its licensors from and against
any damages, costs, liabilities, settlement
amounts and/or expenses (including attorneys'
fees) incurred in connection with any claim,
lawsuit or action by any third party that arises
or results from the use or distribution of any and
all Programs and/or Software.
4. Java Technology Restrictions. You may not
modify the Java Platform Interface ("JPI",
identified as classes contained within the "java"
package or any subpackages of the "java" package),
by creating additional classes within the JPI or
otherwise causing the addition to or modification
of the classes in the JPI. In the event that you
create an additional class and associated API(s)
which (i) extends the functionality of the Java
platform, and (ii) is exposed to third party
software developers for the purpose of developing
additional software which invokes such additional
API, you must promptly publish broadly an accurate
specification for such API for free use by all
developers. You may not create, or authorize your
licensees to create, additional classes,
interfaces, or subpackages that are in any way
identified as "java", "javax", "sun" or similar
convention as specified by Sun in any naming
convention designation.
5. Trademarks and Logos. You acknowledge and agree
as between you and Sun that Sun owns the SUN,
SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks
and all SUN, SOLARIS, JAVA, JINI, FORTE, and
iPLANET-related trademarks, service marks, logos
and other brand designations ("Sun Marks"), and
you agree to comply with the Sun Trademark and
Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use
you make of the Sun Marks inures to Sun's benefit.
6. Source Code. Software may contain source code
that is provided solely for reference purposes
pursuant to the terms of this Agreement. Source
code may not be redistributed unless expressly
provided for in this Agreement.
7. Termination for Infringement. Either party may
terminate this Agreement immediately should any
Software become, or in either party's opinion be
likely to become, the subject of a claim of
infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems,
Inc., 4150 Network Circle, Santa Clara, California
95054, U.S.A.
(LFI#128935/Form ID#011801)
Sun Microsystems, Inc.
Binary Code License Agreement
{ProductName}
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
{ProductName}
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software, complete and unmodified, for the sole purpose of designing, developing and testing your Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to, Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be distributed with Java applets and applications.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
6. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
7. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
8. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME. In addition to any terms and conditions of any third party open source/freeware license identified in the THIRDPARTYLICENSEREADME, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A
(LFI#143342/Form ID#011801)
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF
YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR
ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE
TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software and documentation and any error corrections provided by Sun
(collectively "Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained
by Sun and/or its licensors. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless
enforcement is prohibited by applicable law, you may not modify,
decompile, reverse engineer Software. Software is not designed or
licensed for use in on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or in the design, construction,
operation or maintenance of any nuclear facility. You warrant that
you will not use Software for these purposes. You may not publish or
provide the results of any benchmark or comparison tests run on
Software to any third party without the prior written consent of Sun.
No right, title or interest in or to any trademark, service mark, logo
or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
(90) days from the date of purchase, as evidenced by a copy of the
receipt, the media on which Software is furnished (if any) will be
free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive
remedy and Sun's entire liability under this limited warranty will be
at Sun's option to replace Software media or refund the fee paid for
Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT
TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO
USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in
contract, tort (including negligence), or otherwise, exceed the amount
paid by you for Software under this Agreement. The foregoing
limitations will apply even if the above stated warranty fails of its
essential purpose.
6. Termination. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice
from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered
under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree
to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export,
re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions set forth
in this Agreement and as provided in DFARS 227.7202-1 (a) and
227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
III) (June 1987), as applicable.
9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be
unenforceable, This Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you
and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter
during the term of this Agreement. No modification of this Agreement
will be binding, unless in writing and signed by an authorized
representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
Road, Palo Alto, California 94303
JAVA(R) 2 RUNTIME ENVIRONMENT, STANDARD EDITION, VERSION 1.2.1_004
SUPPLEMENTAL LICENSE TERMS
These supplemental terms ("Supplement") add to the terms of the Binary
Code License Agreement ("Agreement"). Capitalized terms not defined
herein shall have the same meanings ascribed to them in the Agreement.
The Supplement terms shall supersede any inconsistent or conflicting
terms in the Agreement.
1. License to Distribute. You are granted a royalty-free right to
reproduce and distribute the Software provided that you: (i)distribute
the Software complete and unmodified, only as part of, and for the
sole purpose of running, your Java applet or application ("Program")
into which the Software is incorporated; (ii) do not distribute
additional software intended to replace any component(s) of the
Software; (iii) do not remove or alter any proprietary legends or
notices contained in the Software; (iv) only distribute the Program
subject to a license agreement that protects Sun's interests
consistent with the terms contained herein; (v) may not create, or
authorize your licensees to create additional classes, interfaces, or
subpackages that are contained in the "java" or "sun" packages or
similar as specified by Sun in any class file naming convention; (vi)
agree to the extent Programs are developed which utilize the Windows
95/98 style graphical user interface or components contained therein,
such applets or applications may only be developed to run on a Windows
95/98 or Windows NT platform; and(vii) agree to indemnify, hold
harmless, and defend Sun and its licensors from and against any claims
or lawsuits, including attorneys' fees, that arise or result from the
use or distribution of the Program.
2. Trademarks and Logos. This Agreement does not authorize Licensee to
use any Sun name, trademark or logo. Licensee acknowledges as between
it and Sun that Sun owns the Java trademark and all Java-related
trademarks, logos and icons including the Coffee Cup and Duke ("Java
Marks") and agrees to comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html.
3. High Risk Activities. Notwithstanding Section 2, with respect to
high risk activities, the following language shall apply: the Software
is not designed or intended for use in on-line control of aircraft,
air traffic, aircraft navigation or aircraft communications; or in the
design, construction, operation or maintenance of any nuclear
facility. Sun disclaims any express or implied warranty of fitness for
such uses.
Sun Microsystems, Inc. Binary Code License Agreement for the JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1.DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java 2 Platform, Standard Edition (J2SETM platform) platform on Java-enabled general purpose desktop computers and servers.
2.LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3.RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4.LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent optional features of the Software may download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of optional features of the Software and/or by requesting services that require use of the optional features of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
9.TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
10.EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
11.TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
13.GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
14. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
15. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A.Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B.License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified (unless otherwise specified in the applicable README file) and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C.License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (v) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
D.Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
E.Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
F.Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. (LFI#129530/Form ID#011801)
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software and documentation and any error corrections provided by Sun
(collectively "Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained
by Sun and/or its licensors. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless
enforcement is prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software. You acknowledge that
Software is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. Sun
disclaims any express or implied warranty of fitness for such uses.
No right, title or interest in or to any trademark, service mark, logo
or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety
(90) days from the date of purchase, as evidenced by a copy of the
receipt, the media on which Software is furnished (if any) will be
free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive
remedy and Sun's entire liability under this limited warranty will be
at Sun's option to replace Software media or refund the fee paid for
Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in
contract, tort (including negligence), or otherwise, exceed the amount
paid by you for Software under this Agreement. The foregoing
limitations will apply even if the above stated warranty fails of its
essential purpose.
6. Termination. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice
from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under
this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree
to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export,
re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired
by or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's
rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you
and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter
during the term of this Agreement. No modification of this Agreement
will be binding, unless in writing and signed by an authorized
representative of each party.
JAVA(TM) 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.4.X
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or
modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the
Agreement. These Supplemental Terms shall supersede any inconsistent
or conflicting terms in the Agreement, or in any license contained
within the Software.
1. Software Internal Use and Development License Grant. Subject to
the terms and conditions of this Agreement, including, but not limited
to Section 4 (Java Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the binary form of
the Software complete and unmodified for the sole purpose of
designing, developing and testing your Java applets and applications
intended to run on the Java platform ("Programs").
2. License to Distribute Software. Subject to the terms and
conditions of this Agreement, including, but not limited to Section 4
(Java Technology Restrictions) of these Supplemental Terms, Sun grants
you a non-exclusive, non-transferable, limited license to reproduce
and distribute the Software, provided that (i) you distribute the
Software complete and unmodified (unless otherwise specified in the
applicable README file) and only bundled as part of, and for the sole
purpose of running, your Programs, (ii) the Programs add significant
and primary functionality to the Software, (iii) you do not distribute
additional software intended to replace any component(s) of the
Software (unless otherwise specified in the applicable README file),
(iv) you do not remove or alter any proprietary legends or notices
contained in the Software, (v) you only distribute the Software
subject to a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement, and (vi) you
agree to defend and indemnify Sun and its licensors from and against
any damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results from the
use or distribution of any and all Programs and/or Software. (vi)
include the following statement as part of product documentation
(whether hard copy or electronic), as a part of a copyright page or
proprietary rights notice page, in an "About" box or in any other form
reasonably designed to make the statement visible to users of the
Software: "This product includes code licensed from RSA Security,
Inc.", and (vii) include the statement, "Some portions licensed from
IBM are available at http://oss.software.ibm.com/icu4j/".
3. License to Distribute Redistributables. Subject to the terms and
conditions of this Agreement, including but not limited to Section 4
(Java Technology Restrictions) of these Supplemental Terms, Sun grants
you a non-exclusive, non-transferable, limited license to reproduce
and distribute those files specifically identified as redistributable
in the Software "README" file ("Redistributables") provided that: (i)
you distribute the Redistributables complete and unmodified (unless
otherwise specified in the applicable README file), and only bundled
as part of Programs, (ii) you do not distribute additional software
intended to supersede any component(s) of the Redistributables (unless
otherwise specified in the applicable README file), (iii) you do not
remove or alter any proprietary legends or notices contained in or on
the Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests
consistent with the terms contained in the Agreement, (v) you agree to
defend and indemnify Sun and its licensors from and against any
damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results from the
use or distribution of any and all Programs and/or Software, (vi)
include the following statement as part of product documentation
(whether hard copy or electronic), as a part of a copyright page or
proprietary rights notice page, in an "About" box or in any other form
reasonably designed to make the statement visible to users of the
Software: "This product includes code licensed from RSA Security,
Inc.", and (vii) include the statement, "Some portions licensed from
IBM are available at http://oss.software.ibm.com/icu4j/".
4. Java Technology Restrictions. You may not modify the Java
Platform Interface ("JPI", identified as classes contained within the
"java" package or any subpackages of the "java" package), by creating
additional classes within the JPI or otherwise causing the addition to
or modification of the classes in the JPI. In the event that you
create an additional class and associated API(s) which (i) extends the
functionality of the Java platform, and (ii) is exposed to third party
software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly
an accurate specification for such API for free use by all developers.
You may not create, or authorize your licensees to create, additional
classes, interfaces, or subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in
any naming convention designation.
5. Notice of Automatic Software Updates from Sun. You acknowledge
that the Software may automatically download, install, and execute
applets, applications, software extensions, and updated versions of
the Software from Sun ("Software Updates"), which may require you to
accept updated terms and conditions for installation. If additional
terms and conditions are not presented on installation, the Software
Updates will be considered part of the Software and subject to the
terms and conditions of the Agreement.
6. Notice of Automatic Downloads. You acknowledge that, by your use
of the Software and/or by requesting services that require use of the
Software, the Software may automatically download, install, and
execute software applications from sources other than Sun ("Other
Software"). Sun makes no representations of a relationship of any kind
to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
7. Trademarks and Logos. You acknowledge and agree as between you
and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and
iPLANET-related trademarks, service marks, logos and other brand
designations ("Sun Marks"), and you agree to comply with the Sun
Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun
Marks inures to Sun's benefit.
8. Source Code. Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for in
this Agreement.
9. Termination for Infringement. Either party may terminate this
Agreement immediately should any Software become, or in either party's
opinion be likely to become, the subject of a claim of infringement of
any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio
Road, Palo Alto, California 94303
(LFI#109998/Form ID#011801)
Sun Microsystems, Inc. Binary Code License Agreement for the JAVA 2 PLATFORM STANDARD EDITION RUNTIME ENVIRONMENT 5.0
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java 2 Platform Standard Edition (J2SE platform) platform on Java-enabled general purpose desktop computers and servers.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
D. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
E. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
F. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
G. Installation and Auto-Update. The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. (LFI#143333/Form ID#011801)
Java Servlet Implementation Classes
Version 2.1.1
Binary Code License
This binary code license ("License") contains rights and restrictions
associated with use of the accompanying Java Servlet Implementation Classes
software and documentation ("Software"). Read the License carefully before
using the Software. By using the Software you agree to the terms and
conditions of this License.
1. Limited License Grant. By agreeing to this License, Sun grants to you
("Licensee") a non-exclusive, nontransferable limited license to use the
Software without fee for evaluation of the Software and for development
of applications which utilize the Software. Licensee may make one archival
copy of the Software and may redistribute complete, unmodified copies of
the Software to software developers within the Licensee's organization to
avoid unnecessary download time provided that this License conspicuously
appear with all copies of the Software. Except for the foregoing and the
distribution rights authorized for the Servlet Classes specified below,
Licensee may not redistribute the Software in whole or in part, either
separately or included with a product.
2. License to Distribute Servlet Classes. Licensee is granted a royalty-free
right to reproduce and distribute the binary code form of the servlet
classes contained in the Software in the archive file "servlet.jar"
("Servlet Classes"), provided that Licensee: (i) distributes the Servlet
Classes complete and unmodified in their original Java Archive file, and
only as a part of Licensee's application that incorporates the Servlet
Classes ("Program"); (ii) does not distribute additional software intended
to replace any components of the Servlet Classes; (iii) agrees to
incorporate the most current version of the Servlet Classes that was
available from Sun no later than 180 days prior to each production release
of Program; (iv) does not remove or alter any proprietary legends or
notices contained in the Servlet Classes; (v) includes the provisions of
Sections 3, 4, 6, 8, and 9 in Licensee's license agreement for the Program;
and (vi) agrees to indemnify, hold harmless, and defend Sun and its
licensors from and against any claims or lawsuits, including attorneys'
fees, that arise or result from the use or distribution of the Software.
3. Java Platform Interface. Licensee may not modify the Java Platform
Interface (JPI, identified as classes contained within the javax package
or any subpackages of the javax package), by creating additional classes
within the JPI or otherwise causing the addition to or modification of
the classes in the JPI. In the event that Licensee creates any
Java-related API and distribute such API to others for applet or
application development, you must promptly publish broadly, an accurate
specification for such API for free use by all developers of Java-based
software.
4. Restrictions. Software is confidential copyrighted information of Sun and
title to all copies is retained by Sun and/or its licensors. Licensee
shall not modify, decompile, disassemble, decrypt, extract, or otherwise
reverse engineer Software. Software may not be leased, assigned, or
sublicensed, in whole or in part. Software is not designed or intended
for use in on-line control of aircraft, air traffic, aircraft navigation
or aircraft communications; or in the design, construction, operation or
maintenance of any nuclear facility. Licensee warrants that it will not
use or redistribute the Software for such purposes.
5. Trademarks and Logos. This License does not authorize Licensee to use any
Sun name, trademark or logo. Licensee acknowledges that Sun owns the
Java trademark and all Java- related trademarks, logos and icons including
the Coffee Cup and Duke ("Java Marks") and agrees to: (i) to comply with
the Java Trademark Guidelines at http://java.sun.com/ trademarks.html;
(ii) not do anything harmful to or inconsistent with Sun's rights in the
Java Marks; and (iii) assist Sun in protecting those rights, including
assigning to Sun any rights acquired by Licensee in any Java Mark.
6. Disclaimer of Warranty. Software is provided "AS IS," without a warranty
of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
7. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING
OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8. Termination. This License is effective until terminated. Licensee may
terminate this License at any time by destroying all copies of Software.
This License will terminate immediately without notice from Sun if Licensee
fails to comply with any provision of this License. Upon such termination,
Licensee must destroy all copies of Software.
9. Export Regulations. Software, including technical data, is subject to U.S.
export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations
in other countries. Licensee agrees to comply strictly with all such
regulations and acknowledges that it has the responsibility to obtain
licenses to export, re-export, or import Software. Software may not be
downloaded, or otherwise exported or re-exported (i) into, or to a national
or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any
country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nations or the U.S.
Commerce Department's Table of Denial Orders.
10. Restricted Rights. Use, duplication or disclosure by the United States
government is subject to the restrictions as set forth in the Rights in
Technical Data and Computer Software Clauses in DFARS 252.227-7013(c)
(1) (ii) and FAR 52.227-19(c) (2) as applicable.
11. Governing Law. Any action related to this License will be governed by
California law and controlling U.S. federal law. No choice of law rules
of any jurisdiction will apply.
12. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any jurisdiction,
then such provisions are herewith waived to the extent necessary for the
License to be otherwise enforceable in such jurisdiction. However, if in
Sun's opinion deletion of any provisions of the License by operation of
this paragraph unreasonably compromises the rights or increase the
liabilities of Sun or its licensors, Sun reserves the right to terminate
the License and refund the fee paid by Licensee, if any, as Licensee's
sole and exclusive remedy.
13. Integration. This Agreement is the entire agreement between Licensee and
Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations
and warranties and prevails over any conflicting or additional terms of
any quote, order, acknowledgment, or other communication between the
parties relating to its subject matter during the term of this Agreement.
No modification of this Agreement will be binding, unless in writing and
signed by an authorized representative of each party.
SUN JavaHelp(TM) 2.0
Sun Microsystems, Inc. Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
JAVAHELP(TM) VERSION 2.0 SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software complete and unmodified for the sole purpose of designing, developing and testing your Java applets and applications intended to run on the Java platform ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 4 (Java Technology Restrictions), Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary form only, provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. License to Distribute Redistributables. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of your Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables, (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, and (v) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
4. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
5. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be distributed with Java applets and applications.
6. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
7. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. Some source code may contain alternative license terms that apply only to that source code file.
8. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054. (LFI#136278/Form ID#011801)
SUN JIMI SDK
JIMI SDK Version 2.0 Sun Microsystems, Inc. Please see the file classes/LICENSE_JIMI.txt
Sun Microsystems, Inc. Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1. License to Use. Sun Microsystems, Inc. ("Sun") grants you a non-exclusive and non- transferable license for the internal use only of the accompanying software, documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. Restrictions. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. Limited Warranty. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and any technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non- DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
JIMI SDK, Version 2.0 SUPPLEMENTAL LICENSE TERMS
These supplemental terms ("Supplement") add to the terms of the Binary Code License Agreement ("Agreement"). Capitalized terms not defined herein shall have the same meanings ascribed toh them in the Agreement. The Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement.
1. Limited License Grant.
a. Software Development License. Subject to your obligation to indemnify Sun pursuant to Section 3 below, Sun grants to you a non-exclusive, non-transferable limited license to use the Software without fee for evaluation of the Software and for development of Java(TM) applets and applications provided that you may not re-distribute the Software in whole or in part, except as provided in Section 1.b below. The Software may contain source code which is provided for reference purposes only, and may not be modified (except for the purpose of correcting errors) or redistributed.
b. License to Distribute Runtime. Subject to your obligation to indemnify Sun pursuant to Section 3 below, Sun grants to you a non-exclusive, non-transferable limited, royalty-free license to reproduce, distribute offer to sell and sell the Software provided that you:
(i)distribute the Software complete and unmodified (except for error corrections), only as part of, and for the sole purpose of running, your Java applet or application ("Program") into which the Software is incorporated;
(ii) do not distribute additional software intended to replace any component(s) of the Software;
(iii) do not remove or alter any proprietary legends or notices contained in the Software;
(iv) only distribute the Program subject to a license agreement that protects Sun's interests consistent with the terms contained herein; and
(v) may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are contained in the "java" or "sun" packages or similar as ! specified by Sun in any class file naming convention.
2. Java Platform Interface. In the event that Licensee creates an additional API(s) which:
(i) extends the functionality of a Java Environment; and,
(ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers.
3.Indemnity to Sun. As a condition precedent to each license grant in this Agreement, you agree to indemnify, hold harmless, and defend Sun and its licensors from and against any and all claims, lawsuits, liabilities, demands and expenses (including attorneys' fees), that arise or result from the use or distribution of the Software or the Program, including without limitation, those brought by Unisys Corporation, its successors and assigns, with respect to U.S. Patent Number 4,558,302 and all foreign counterparts thereto which Unisys Corporation may now have or acquire in the future (the "LZW Patents") relating to your making, using, selling, licensing, importing, offering to sell, or otherwise transferring the GIF encoding and/or decoding feature of the Software or the Program. This Agreement does not grant any rights to you with respect to the LZW Patents.
4. Trademarks and Logos. This Agreement does not authorize you to use any Sun name, trademark or logo. Licensee acknowledges as between it and Sun that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to comply with the Java Trademark Guidelines at http://java.sun.com
Sun Microsystems, Inc. Binary Code License Agreement for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java Platform Standard Edition (Java SE) platform on Java-enabled General Purpose Desktop Computers and Servers.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
D. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
E. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
F. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
G. Installation and Auto-Update. The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
SUN Java System Message Queue License
Sun Microsystems, Inc. Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re- export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Sun Microsystems, Inc.
Supplemental Terms and Conditions for
Sun Java System Message Queue Platform Edition 3 2005Q1 and
Sun Java System Message Queue Enterprise Edition 3 2005Q1
These terms and conditions for the Software supplement the terms and conditions of the Agreement. Capitalized terms not defined herein shall have the meanings ascribed to them in ethe BCL. These terms and conditions shall supersede any inconsistent or conflicting terms and conditions in the BCL.
A. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the BCL shall apply to all Software in this distribution.
B. License to Evaluate Message Queue EE. If you have not paid the applicable fees for Message Queue EE, Sun grants you a non-exclusive, non-transferable, royalty-free and limited license to use Message Queue EE internally for the sole purpose of evaluation, for a period of ninety (90) days from the date you begin using the Message Queue EE features. No license to Message Queue EE is granted hereunder for any other purpose, including any commercial or production use of Message Queue EE. Sun is under no obligation to provide you with support, updates, error corrections or any other service for Software licensed for evaluation.
C. License to Use Software. The following terms and conditions apply to your use of Message Queue PE, and, if you have paid the applicable fees for a commercial use license to Message Queue EE, Message Queue EE.
1. Definitions.
(a) "Broker" means the server side Software component that manages the routing of JMS messages.
(b) "Client Applications" means the application created by you using the APIs provided in the Software for connecting with the Broker.
2. Additional Use Conditions.
(a) You may copy the documentation, without change, as necessary to fully utilize Software, provided the copies contain all of the original proprietary notices.
(b) You may use any Sun ONE, Sun or third party products embedded in or bundled with Software only in conjunction with Software (and the applications that run on Software), and not with other software products or on a stand-alone basis. Except as otherwise explicitly provided, the use of each such bundled product shall be governed by its license agreement.
3. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the binary form of those files specifically identified as redistributable below in Paragraph 3.(a) ("Redistributables"), provided that: (i) you do not distribute additional software intended to supersede any component(s) of the Redistributables, (ii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iii) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, and (iv) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of
(a). Only the following jar files may be redistributed in accordance with the license in Section C, Paragraph 3 of these SupplementalTerms.
jms.jar
imq.jar
imqxm.jar
fscontext.jar
providerutil.jar
jndi.jar
ldap.jar
ldapbp.jar
jaas.jar
jsse.jar
jnet.jar
jcert.jar
Additionally the following files can be redistributed:
LICENSE
COPYRIGHT
All other files distributed with the product are NOT redistributable.
4. Java Technology Restrictions. You may not create or modify, or authorize your licensees to create or modify, additional classes, interfaces, or sub- packages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, JDK, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
6. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
7. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
8. Additional Restrictions. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Sun.
Binary License for Project OpenDMK
Sun Microsystems, Inc. Binary Code License Agreement
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL
TERMS OF THIS AGREEMENT.
1. Definitions.
"Software" means all software provided to You in binary code form by Sun
under this License as indicated on the "opendmk.dev.java.net" website.
Software includes any updates or error corrections or documentation relating
to Software provided to You by Sun under this License as indicated on
the "opendmk.dev.java.net" website.
2. Permitted Uses.
Subject to the terms and conditions of this Agreement and restrictions
and exceptions set forth in the Software's documentation, Sun grants you
a non-exclusive,non-transferable, limited license without fees to
(a) reproduce and use internally the Software for the purposes of
developing or running a Project OpenDMK code distribution.
(b) reproduce and distribute the Software (and also portions of Software
identified as Redistributable in the documentation accompanying
Software), provided that you (i) distribute the Software or
Redistributables bundled as part of, and for the sole purpose of
running, Project OpenDMK code; (ii) do not remove or alter any proprietary
legends or notices contained in or on the Software or Redistributables,
(iii) only distribute the Software or Redistributables subject to a
license agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and (iv) you agree to defend and
indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys'
fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of any
and all Programs, Software, or Redistributables.
3. Restrictions.
(a) The copies of Software provided to you under this Agreement is licensed,
not sold, to you by Sun. Sun reserves all rights not expressly granted.
(b) You may not modify Software. However if the documentation accompanying
Software lists specific portions of Software, such as header files, class
libraries, reference source code, and/or redistributable files, that may
be handled differently, you may do so only as provided in the
documentation.
(c) You may not rent, lease, lend or encumber Software.
(d) You do not remove or alter any proprietary legends or notices contained
in the Software,
(e) Unless enforcement is prohibited by applicable law, you may not decompile,
or reverse engineer Software.
(f) The terms and conditions of this Agreement will apply to any Software
updates, provided to you at Sun's discretion, that replace and/or
supplement the original Software, unless such update contains a separate
license.
(g) Software is copyrighted.
(h) Software is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility and Sun
and its licensors disclaim any express or implied warranty of fitness
for such uses.
(i) No right, title or interest in or to any trademark, service mark, logo
or trade name of Sun or its licensors is granted under this Agreement.
(j) If your Permitted Use in this Agreement permits the distribution Software
or portions of the Software, you may only distribute the Software subject
to a license agreement that protects Sun's interests consistent with the
terms contained in this Agreement.
4. Open Source.
Sun supports and benefits from the global community of open source developers,
and thanks the community for its important contributions and open
standards-based technology, which Sun has adopted into many of its products.
Please note that portions of Software may be provided with notices and open
source licenses from such communities and third parties that govern the use
of those portions, and any licenses granted hereunder do not alter any rights
and obligations you may have under such open source licenses, however, the
disclaimer of warranty and limitation of liability provisions in this
Agreement will apply to all Software in this distribution.
5. Term and Termination.
The Agreement is effective on the Date you receive the Software and remains
effective until terminated. Your rights under this Agreement will terminate
immediately without notice from Sun if you materially breach it or take any
action in derogation of Sun's and/or its licensors' rights to Software. Sun
may terminate this Agreement should any Software become, or in Sun's
reasonable opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon termination,
you will cease use of, and destroy, Software and confirm compliance in
writing to Sun. Sections 1, 3, 4, 5, and 7-13 will survive termination of
the Agreement.
6. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of receipt,
the media on which Software is furnished (if any) will be free of defects
in materials and workmanship under normal use. Except for the foregoing,
Software is provided "AS IS". Your exclusive remedy and Sun's entire
liability under this limited warranty will be at Sun's option to replace
Software media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply to you.
This limited warranty gives you specific legal rights. You may have others,
which vary from state to state.
7. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF
THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY
TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract,
tort (including negligence), or otherwise, exceed the amount paid by you
Software under this Agreement. The foregoing limitations will apply even if
the above stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of the
terms above may not be applicable to you.
9. Export Regulations.
All Software, documents, technical data, and any other materials delivered
under this Agreement are subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree to
comply strictly with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export, re-export, or
import as may be required after delivery to you.
10. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at any tier), then the
Government's rights in Software and accompanying documentation will be only
as set forth in this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with
48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. Governing Law.
Any action related to this Agreement will be governed by California law and
controlling U.S. federal law. No choice of law rules of any jurisdiction
will apply.
12. Severability.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless omission
would frustrate the intent of the parties, in which case this Agreement will
immediately terminate.
13. Integration.
This Agreement is the entire agreement between you and Sun relating to its
subject matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails over
any conflicting or additional terms of any quote, order, acknowledgment, or
other communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be binding,
unless in writing and signed by an authorized representative of each party.
Page Last Modified: 14 August 2007
Binary License for OpenJDK
Sun Microsystems, Inc. Binary Code License Agreement
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
BINARY CODE LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL
TERMS OF THIS AGREEMENT.
1. Definitions.
"Software" means all third party software provided to You in binary code form
by Sun under this License as specifically indicated on the openjdk.java.net
source download web page. Software includes any updates or error corrections
or documentation relating to Software provided to You by Sun under this
License as indicated on the openjdk.java.net source download web page.
2. Permitted Uses.
Subject to the terms and conditions of this Agreement, Sun grants you
a non-exclusive, non-transferable, limited license without fees to
(a) reproduce and use internally the Software for the purposes of
developing or running a distribution based upon OpenJDK code
made available from Sun ("OpenJDK Code").
(b) reproduce and distribute the Software, provided that you (i) distribute
the Software bundled as part of, and for the sole purpose of running an
unmodified version of the OpenJDK Code or a runtime environment based upon
theOpenJDK Code; (ii) only distribute and use the Software with the
component of the OpenJDK Code into which such Software was originally
incorporated by Sun; (iii) do not remove or alter any proprietary legends or
notices contained in or on the Software; (iv) only distribute the Software
subject to a license agreement that protects Sun's interests consistent with
the terms contained in this Agreement; and (v) you agree to defend and
indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys' fees)
incurred in connection with any claim, lawsuit or action by any third party
that arises or results from (A) the use or distribution of your software,
product or materials (or any part thereof) in any manner, or (B) your use or
distribution of the Software in violation of the terms of this Agreement or
applicable law.
3. Restrictions.
(a) The copies of Software provided to you under this Agreement is licensed,
not sold, to you by Sun. Sun reserves all rights not expressly granted.
(b) You may not modify Software.
(c) You may not rent, lease, lend or encumber Software.
(d) You do not remove or alter any proprietary legends or notices contained
in the Software,
(e) Unless enforcement is prohibited by applicable law, you may not decompile,
or reverse engineer Software.
(f) The terms and conditions of this Agreement will apply to any Software
updates, provided to you at Sun's discretion, that replace and/or
supplement the original Software, unless such update contains a separate
license.
(g) Software is copyrighted.
(h) Software is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility and Sun
and its licensors disclaim any express or implied warranty of fitness
for such uses.
(i) No right, title or interest in or to any trademark, service mark, logo
or trade name of Sun or its licensors is granted under this Agreement.
(j) If your Permitted Use in this Agreement permits the distribution Software
or portions of the Software, you may only distribute the Software subject
to a license agreement that protects Sun's interests consistent with the
terms contained in this Agreement.
4. Open Source.
Sun supports and benefits from the global community of open source developers,
and thanks the community for its important contributions and open
standards-based technology, which Sun has adopted into many of its products.
Please note that portions of Software may be provided with notices and open
source licenses from such communities and third parties that govern the use
of those portions, and any licenses granted hereunder do not alter any rights
and obligations you may have under such open source licenses, however, the
disclaimer of warranty and limitation of liability provisions in this
Agreement will apply to all Software in this distribution.
5. Term and Termination.
The Agreement is effective on the Date you receive the Software and remains
effective until terminated. Your rights under this Agreement will terminate
immediately without notice from Sun if you materially breach it or take any
action in derogation of Sun's and/or its licensors' rights to Software. Sun
may terminate this Agreement should any Software become, or in Sun's
reasonable opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon termination,
you will cease use of, and destroy, Software and confirm compliance in
writing to Sun. Sections 1, 3, 4, 5, and 7-13 will survive termination of
the Agreement.
6. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of receipt,
the media on which Software is furnished (if any) will be free of defects
in materials and workmanship under normal use. Except for the foregoing,
Software is provided "AS IS". Your exclusive remedy and Sun's entire
liability under this limited warranty will be at Sun's option to replace
Software media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply to you.
This limited warranty gives you specific legal rights. You may have others,
which vary from state to state.
7. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF
THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY
TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract,
tort (including negligence), or otherwise, exceed the amount paid by you
Software under this Agreement. The foregoing limitations will apply even if
the above stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of the
terms above may not be applicable to you.
9. Export Regulations.
All Software, documents, technical data, and any other materials delivered
under this Agreement are subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree to
comply strictly with these laws and regulations and acknowledge that you
have the responsibility to obtain any licenses to export, re-export, or
import as may be required after delivery to you.
10. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at any tier), then the
Government's rights in Software and accompanying documentation will be only
as set forth in this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with
48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. Governing Law.
Any action related to this Agreement will be governed by California law and
controlling U.S. federal law. No choice of law rules of any jurisdiction
will apply.
12. Severability.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless omission
would frustrate the intent of the parties, in which case this Agreement will
immediately terminate.
13. Integration.
This Agreement is the entire agreement between you and Sun relating to its
subject matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails over
any conflicting or additional terms of any quote, order, acknowledgment, or
other communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be binding,
unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL TERMS.
A. As a condition to the rights and licenses granted to you in this
Agreement, you cannot and shall not distribute a modified version of the AWT
that does not contain all of the class libraries (or equivalent libraries)
of the AWT if such modified version is distributed in association with
dedicated circuitry in silicon. For purposes of this section, "AWT" means
the abstract windowing toolkit class libraries implemented in the OpenJDK
Code or any modified version of such abstract windowing toolkit that is
created and distributed by Sun or its licensees.
Java 2 Software Development Kit (J2SDK), Standard Edition, Version 1.3.x
Sun Microsystems, Inc. Binary Code License Agreement
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java 2 Platform Standard Edition (J2SE) platform on Java-enabled General Purpose Desktop Computers and Servers.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Java 2 Software Development Kit (J2SDK), Standard Edition, Version 1.3.x SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to Section 4 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the binary form of the Software complete and unmodified (unless otherwise specified in the applicable README file) for the sole purpose of designing, developing, testing, and running your Java applets and applications intended to run on Programs.
2. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that: (i) you distribute the Software complete and unmodified (unless otherwise specified in the applicable README file) and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to Section 4 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables, (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, and (v) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
4. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
6. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
7. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
8. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME. In addition to any terms and conditions of any third party open source/freeware license identified in the THIRDPARTYLICENSEREADME, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. (LFI#143968/Form ID#011801)
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION,
VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1.DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems is excluded from this definition and not licensed under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java 2 Platform Standard Edition (J2SE) platform on Java-enabled General Purpose Desktop Computers and Servers.
2.LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3.RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4.LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent optional features of the Software may download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of optional features of the Software and/or by requesting services that require use of the optional features of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
9.TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
10.EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
11.TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
13.GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
14. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
15. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A.Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B.License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified (unless otherwise specified in the applicable README file) and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C.License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (v) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
D.Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
E.Distribution by Publishers. This section pertains to your distribution of the Software with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, in addition to the license granted in Paragraph 1 above, Sun hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the Software on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the Software on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the Software from the applicable Sun web site; (iii) You must refer to the Software as JavaTM 2 Software Development Kit, Standard Edition, Version 1.4.2; (iv) The Software must be reproduced in its entirety and without any modification whatsoever (including, without limitation, the Binary Code License and Supplemental License Terms accompanying the Software and proprietary rights notices contained in the Software); (v) The Media label shall include the following information: Copyright 2003, Sun Microsystems, Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE , and all trademarks and logos based on Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. This information must be placed on the Media label in such a manner as to only apply to the Sun Software; (vi) You must clearly identify the Software as Sun's product on the Media holder or Media label, and you may not state or imply that Sun is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the Software; (viii) You shall indemnify Sun for all damages arising from your failure to comply with the requirements of this Agreement. In addition, you shall defend, at your expense, any and all claims brought against Sun by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by you, arising out of or in connection with your use, reproduction or distribution of the Software and/or the Publication. Your obligation to provide indemnification under this section shall arise provided that Sun: (i) provides you prompt notice of the claim; (ii) gives you sole control of the defense and settlement of the claim; (iii) provides you, at your expense, with all available information, assistance and authority to defend; and (iv) has not compromised or settled such claim without your prior written consent; and (ix) You shall provide Sun with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A , Attention: Contracts Administration.
F.Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
G.Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
H.Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. (LFI#129530/Form ID#011801)
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA 2 PLATFORM STANDARD EDITION DEVELOPMENT KIT 5.0
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java 2 Platform Standard Edition (J2SE platform) platform on Java-enabled general purpose desktop computers and servers.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
D. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
E. Distribution by Publishers. This section pertains to your distribution of the Software with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, in addition to the license granted in Paragraph 1 above, Sun hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the Software on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the Software on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the Software from the applicable Sun web site; (iii) You must refer to the Software as JavaTM 2 Platform Standard Edition Development Kit 5.0; (iv) The Software must be reproduced in its entirety and without any modification whatsoever (including, without limitation, the Binary Code License and Supplemental License Terms accompanying the Software and proprietary rights notices contained in the Software); (v) The Media label shall include the following information: Copyright 2004, Sun Microsystems, Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE , and all trademarks and logos based on Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. This information must be placed on the Media label in such a manner as to only apply to the Sun Software; (vi) You must clearly identify the Software as Sun's product on the Media holder or Media label, and you may not state or imply that Sun is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the Software; (viii) You shall indemnify Sun for all damages arising from your failure to comply with the requirements of this Agreement. In addition, you shall defend, at your expense, any and all claims brought against Sun by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by you, arising out of or in connection with your use, reproduction or distribution of the Software and/or the Publication. Your obligation to provide indemnification under this section shall arise provided that Sun: (i) provides you prompt notice of the claim; (ii) gives you sole control of the defense and settlement of the claim; (iii) provides you, at your expense, with all available information, assistance and authority to defend; and (iv) has not compromised or settled such claim without your prior written consent; and (ix) You shall provide Sun with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A , Attention: Contracts Administration.
F. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
G. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
(LFI#141623/Form ID#011801)
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java Platform Standard Edition (Java SE) platform on Java-enabled General Purpose Desktop Computers and Servers.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non- transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
D. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
E. Distribution by Publishers. This section pertains to your distribution of the Software with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, in addition to the license granted in Paragraph 1 above, Sun hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the Software on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the Software on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the Software from the applicable Sun web site; (iii) You must refer to the Software as JavaTM SE Development Kit 6; (iv) The Software must be reproduced in its entirety and without any modification whatsoever (including, without limitation, the Binary Code License and Supplemental License Terms accompanying the Software and proprietary rights notices contained in the Software); (v) The Media label shall include the following information: Copyright 2006, Sun Microsystems, Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE, and all trademarks and logos based on Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. This information must be placed on the Media label in such a manner as to only apply to the Sun Software; (vi) You must clearly identify the Software as Sun's product on the Media holder or Media label, and you may not state or imply that Sun is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the Software; (viii) You shall indemnify Sun for all damages arising from your failure to comply with the requirements of this Agreement. In addition, you shall defend, at your expense, any and all claims brought against Sun by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by you, arising out of or in connection with your use, reproduction or distribution of the Software and/or the Publication. Your obligation to provide indemnification under this section shall arise provided that Sun: (a) provides you prompt notice of the claim; (b) gives you sole control of the defense and settlement of the claim; (c) provides you, at your expense, with all available information, assistance and authority to defend; and (d) has not compromised or settled such claim without your prior written consent; and (ix) You shall provide Sun with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A , Attention: Contracts Administration.
F. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
G. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
H. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
I. Installation and Auto-Update. The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
JAVATM WEB START VERSION 1.2.x
Sun Microsystems, Inc.
Binary Code License Agreement
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun';s option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
JAVATM WEB START VERSION 1.2.x
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement.These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software complete and unmodified for the sole purpose of designing, developing, testing, and running your Java applets and applications intended to run on the Java platform ("Programs").
2. License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java Technology Restrictions) of these SupplementalTerms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Java applets or applications ("Programs"), (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Notice of Contents. Software may contain a Java Runtime Environment (JRE).
5. Notice of Automatic Software Updates from Sun. You acknowledge that the Software may automatically download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement.
6. Notice of Automatic Downloads. You acknowledge that, by your use of the Software and/or by requesting services that require use of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Limited Warranty. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
8. Limitation of Liability. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms of Section 5, Limitation of Liability, above may not be applicable to you.
9. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
10. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
11. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
Sun grants you ("Licensee") a non-exclusive, royalty free, license to use,
modify and redistribute this software in source and binary code form, provided
that
i) this copyright notice and license appear on all copies of the software; and
ii) Licensee does not utilize the software in a manner which is disparaging to
Sun.
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING
THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This software is not designed or intended for use in on-line control of
aircraft, air traffic, aircraft navigation or aircraft communications; or in the
design, construction, operation or maintenance of any nuclear facility. Licensee
represents and warrants that it will not use or redistribute the Software for
such purposes.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
Redistribution of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
Redistribution in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc. nor the names of contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC.
("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED
BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS
SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed, licensed or intended
for use in the design, construction, operation or maintenance of any
nuclear facility.
Composite Capability/Preference Profiles (CC/PP) Processing
Specification ("Specification") Version: 1.0 Status: FCS
Release: October 28, 2003
Copyright 2003 Sun Microsystems, Inc. 4150 Network Circle,
Santa Clara, California 95054, U.S.A All rights reserved.
NOTICE; LIMITED LICENSE GRANTS Sun Microsystems, Inc.
("Sun") hereby grants you a fully-paid, non-exclusive,
non-transferable, worldwide, limited license (without the
right to sublicense), under the Sun's applicable
intellectual property rights to view, download, use and
reproduce the Specification only for the purpose of
internal evaluation, which shall be understood to include
developing applications intended to run on an
implementation of the Specification provided that such
applications do not themselves implement any portion(s) of
the Specification. Sun also grants you a perpetual,
non-exclusive, worldwide, fully paid-up, royalty free,
limited license (without the right to sublicense) under any
applicable copyrights or patent rights it may have in the
Specification to create and/or distribute an Independent
Implementation of the Specification that: (i) fully
implements the Spec(s) including all its required
interfaces and functionality; (ii) does not modify, subset,
superset or otherwise extend the Licensor Name Space, or
include any public or protected packages, classes, Java
interfaces, fields or methods within the Licensor Name
Space other than those required/authorized by the
Specification or Specifications being implemented; and
(iii) passes the TCK (including satisfying the requirements
of the applicable TCK Users Guide) for such Specification.
The foregoing license is expressly conditioned on your not
acting outside its scope. No license is granted hereunder
for any other purpose.
You need not include limitations (i)-(iii) from the
previous paragraph or any other particular "pass through"
requirements in any license You grant concerning the use of
your Independent Implementation or products derived from
it. However, except with respect to implementations of the
Specification (and products derived from them) that satisfy
limitations (i)-(iii) f rom the previous paragraph, You may
neither: (a) grant or otherwise pass through to your
licensees any licenses under Sun's applicable intellectual
property rights; nor (b) authorize your licensees to make
any claims concerning their implementation's compliance
with the Spec in question.
For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the
Specification that neither derives from any of Sun's source
code or binary code materials nor, except with an
appropriate and separate license from Sun, includes any of
Sun's source code or binary code materials; and "Licensor
Name Space" shall mean the public class or interface
declarations whose names begin with "java", "javax",
"com.sun" or their equivalents in any subsequent naming
convention adopted by Sun through the Java Community
Process, or any recognized successors or replacements
thereof.
This Agreement will terminate immediately without notice
from Sun if you fail to comply with any material provision
of or act outside the scope of the licenses granted above.
TRADEMARKS No right, title, or interest in or to any
trademarks, service marks, or trade names of Sun or Sun's
licensors is granted hereunder. Sun, Sun Microsystems, the
Sun logo, Java, J2EE, and the Java Coffee Cup logo are
trademarks or registered trademarks of Sun Microsystems,
Inc. in the U.S. and other countries.
DISCLAIMER OF WARRANTIES THE SPECIFICATION IS PROVIDED "AS
IS". SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY
PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT
INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS
OR OTHER RIGHTS. This document does not represent any
commitment to release or implement any portion of the
Specification in any product.
THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED
INTO N EW VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY
MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR
THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME.
Any use of such changes in the Specification will be
governed by the then-current license for the applicable
version of the Specification.
LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY
LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE,
PRO FITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE
OF THE SPECIFICATION , EVEN IF SUN AND/OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You will
indemnify, hold harmless, and defend Sun and its licensors
from any claims arising or resulting from: (i) your use of
the Specification; (ii) the use or distribution of your
Java application, applet and/or clean room implementation;
and/or (iii) any claims that later versions or releases of
any Specification furnished to you are incompatible with
the Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND U.S. Government: If this
Specification is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights
in the Specification and accompanying documentation shall
be only as set forth in this license; this is in accordance
with 48 C.F.R. 227.7201 through 227.7202-4 (for Department
of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and
12. 212 (for non-DoD acquisitions).
REPORT You may wish to report any ambiguities,
inconsistencies or inaccuracies you may find in connection
with your use of the Specification ("Feedback"). To the
extent that you provide Sun with any Feedback , you hereby:
(i) agree that such Feedback is provided on a
non-proprietary and non-confidential basis, and (ii) grant
Sun a perpetual, non-exclusive, worldwide, fully paid-up,
irrevocable license, with the right to sublicense through
multi ple levels of sublicensees, to incorporate, disclose,
and use without limitation the Feedback for any purpose
related to the Specification and future versions,
implementations, and test suites thereof.
(LFI#134993/Form ID#011801)
Sun Communications API
comm.jar Java(TM) Communications API 2.0
Copyright Sun Microsystems, Inc.
Sun Microsystems, Inc. Binary Code License Agreement
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, reverse engineer Software. Software is not designed or licensed for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use Software for these purposes. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Sun. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun';s option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT III) (June 1987), as applicable.
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
JAVATM COMMUNICATIONS API
SUPPLEMENTAL LICENSE TERMS
These supplemental terms ("Supplement") add to the terms of the Binary Code License Agreement ("Agreement"). Capitalized terms not defined herein shall have the same meanings ascribed to them in the Agreement. The Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement.
1. License to Distribute. You are granted a royalty-free right to reproduce and distribute the Software provided that you: (i)distribute the Software complete and unmodified, only as part of, and for the sole purpose of running, your Java applet or application ("Program") into which the Software is incorporated; (ii) do not distribute additional software intended to replace any component(s) of the Software; (iii) do not remove or alter any proprietary legends or notices contained in the Software; (iv) only distribute the Program subject to a license agreement that protects Sun’s interests consistent with the terms contained herein; (v) may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are contained in the "java", "javax" or "sun" packages or similar as specified by Sun in any class file naming convention; and (vi) agree to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorneys fees, that arise or result from the use or distribution of the Program.
2. Trademarks and Logos. This Agreement does not authorize Licensee to use any Sun name, trademark or logo. Licensee acknowledges as between it and Sun that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke (";Java Marks") and agrees to comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html
3. High Risk Activities. Notwithstanding Section 2, with respect to high risk activities, the following language shall apply: the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses.
Enterprise JavaBeansTM Specification ("Specification")
Version: 2.1
Status: FCS
Release: November 24, 2003
Copyright 2003 Sun Microsystems, Inc.
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.
NOTICE; LIMITED LICENSE GRANTS
Sun Microsystems, Inc. ("Sun") hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under the Sun's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation, which shall be understood to include developing applications intended to run on an implementation of the Specification provided that such applications do not themselves implement any portion(s) of the Specification.
Sun also grants you a perpetual, non-exclusive, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or patent rights it may have in the Specification to create and/or distribute an Independent Implementation of the Specification that: (i) fully implements the Spec(s) including all its required interfaces and functionality; (ii) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and (iii) passes the TCK (including satisfying the requirements of the applicable TCK Users Guide) for such Specification. The foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose.
You need not include limitations (i)-(iii) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to implementations of the Specification (and products derived from them) that satisfy limitations (i)-(iii) from the previous paragraph, You may neither: (a) grant or otherwise pass through to your licensees any licenses under Sun's applicable intellectual property rights; nor (b) authorize your licensees to make any claims concerning their implementation's compliance with the Spec in question.
For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Sun's source code or binary code materials nor, except with an appropriate and separate license from Sun, includes any of Sun's source code or binary code materials; and "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any subsequent naming convention adopted by Sun through the Java Community Process, or any recognized successors or replacements thereof.
This Agreement will terminate immediately without notice from Sun if you fail to comply with any material provision of or act outside the scope of the licenses granted above.
TRADEMARKS
No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder. Sun, Sun Microsystems, the Sun logo, Java, the Java Coffee Cup logo, EJB, Enterprise JavaBeans, and JavaBeans are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. This document does not represent any commitment to release or implement any portion of the Specification in any product.
THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend Sun and its licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your Java application, applet and/or clean room implementation; and/or (iii) any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Specification and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your use of the Specification ("Feedback"). To the extent that you provide Sun with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual, non-exclusive, worldwide, fully paid- up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof.
(LFI#135809/Form ID#011801)
Specification: JSR-000220 Enterprise JavaBeans v.3.0 ("Specification"
Version: 3.0
Status: Final Release
Release: 8 May 2006
Copyright 2006 SUN MICROSYSTEMS, INC.
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.
LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. Sun hereby grants you a fully-
paid, non-exclusive, non-transferable, worldwide, limited license
(without the right to sublicense), under Sun’s applicable intellectual
property rights to view, download, use and reproduce the Specification
only for the purpose of internal evaluation. This includes (i)
developing applications intended to run on an implementation of the
Specification, provided that such applications do not themselves
implement any portion(s) of the Specification, and (ii) discussing the
Specification with any third party; and (iii) excerpting brief portions
of the Specification in oral or written communications which discuss the
Specification provided that such excerpts do not in the aggregate
constitute a significant portion of the Specification.
2. License for the Distribution of Compliant Implementations. Sun also
grants you a perpetual, nonexclusive, non-transferable, worldwide, fully
paid-up, royalty free, limited license (without the right to sublicense)
under any applicable copyrights or, subject to the provisions of
subsection 4 below, patent rights it may have covering the Specification
to create and/or distribute an Independent Implementation of the
Specification that: (a) fully implements the Specification including all
its required interfaces and functionality; (b) does not modify, subset,
superset or otherwise extend the Licensor Name Space, or include any
public or protected packages, classes, Java interfaces, fields or
methods within the Licensor Name Space other than those
required/authorized by the Specification or Specifications being
implemented; and (c) passes the Technology Compatibility Kit (including
satisfying the requirements of the applicable TCK Users Guide) for such
Specification ("Compliant Implementation"). In addition, the foregoing
license is expressly conditioned on your not acting outside its scope.
No license is granted hereunder for any other purpose (including, for
example, modifying the Specification, other than to the extent of your
fair use rights, or distributing the Specification to third parties).
Also, no right, title, or interest in or to any trademarks, service
marks, or trade names of Sun or Sun’s licensors is granted hereunder.
Java, and Java-related logos, marks and names are trademarks or
registered trademarks of Sun Microsystems, Inc. in the U.S. and other
countries.
3. Pass-through Conditions. You need not include limitations (a)-(c)
from the previous paragraph or any other particular "pass through"
requirements in any license You grant concerning the use of your
Independent Implementation or products derived from it. However, except
with respect to Independent Implementations and products derived from
them) that satisfy limitations (a)-(c) from the previous paragraph, You
may neither: (a) grant or otherwise pass through to your licensees any
licenses under Sun’s applicable intellectual property rights; nor (b)
authorize your licensees to make any claims concerning their
implementation’s compliance with the Specification in question.
4. Reciprocity Concerning Patent Licenses.
a. With respect to any patent claims covered by the license granted
under subparagraph 2 above that would be infringed by all technically
feasible implementations of the Specification, such license is
conditioned upon your offering on fair, reasonable and non-
discriminatory terms, to any party seeking it from You, a perpetual,
non-exclusive, non-transferable, worldwide license under Your patent
rights which are or would be infringed by all technically feasible
implementations of the Specification to develop, distribute and use a
Compliant Implementation.
b With respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2, whether or not their infringement
can be avoided in a technically feasible manner when implementing the
Specification, such license shall terminate with respect to such claims
if You initiate a claim against Sun that it has, in the course of
performing its responsibilities as the Specification Lead, induced any
other entity to infringe Your patent rights.
c Also with respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2 above, where the infringement of
such claims can be avoided in a technically feasible manner when
implementing the Specification such license, with respect to such
claims, shall terminate if You initiate a claim against Sun that its
making, having made, using, offering to sell, selling or importing a
Compliant Implementation infringes Your patent rights.
5. Definitions. For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the Specification that
neither derives from any of Sun’s source code or binary code materials
nor, except with an appropriate and separate license from Sun, includes
any of Sun’s source code or binary code materials; "Licensor Name Space"
shall mean the public class or interface declarations whose names begin
with "java", "javax", "com.sun" or their equivalents in any subsequent
naming convention adopted by Sun through the Java Community Process, or
any recognized successors or replacements thereof; and "Technology
Compatibility Kit" or "TCK" shall mean the test suite and accompanying
TCK User’s Guide provided by Sun which corresponds to the Specification
and that was available either (i) from Sun 120 days before the first
release of Your Independent Implementation that allows its use for
commercial purposes, or (ii) more recently than 120 days from such
release but against which You elect to test Your implementation of the
Specification.
This Agreement will terminate immediately without notice from Sun if you
breach the Agreement or act outside the scope of the licenses granted
above.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not
represent any commitment to release or implement any portion of the
Specification in any product. In addition, the Specification could
include technical inaccuracies or typographical errors.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR
HAVING, IMPLEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN IF SUN
AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
You will indemnify, hold harmless, and defend Sun and its licensors from
any claims arising or resulting from: (i) your use of the Specification;
(ii) the use or distribution of your Java application, applet and/or
implementation; and/or (iii) any claims that later versions or releases
of any Specification furnished to you are incompatible with the
Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being acquired by or on behalf
of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government’s rights in the
Software and accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 C.F.R. 227.7201 through
227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
If you provide Sun with any comments or suggestions concerning the
Specification ("Feedback"), you hereby: (i) agree that such Feedback is
provided on a non-proprietary and non-confidential basis, and (ii) grant
Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable
license, with the right to sublicense through multiple levels of
sublicensees, to incorporate, disclose, and use without limitation the
Feedback for any purpose.
GENERAL TERMS
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. The U.N. Convention for the
International Sale of Goods and the choice of law rules of any
jurisdiction will not apply.
The Specification is subject to U.S. export control laws and may be
subject to export or import regulations in other countries. Licensee
agrees to comply strictly with all such laws and regulations and
acknowledges that it has the responsibility to obtain such licenses to
export, re-export or import as may be required after delivery to
Licensee.
This Agreement is the parties’ entire agreement relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, conditions, representations and warranties
and prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No
modification to this Agreement will be binding, unless in writing and
signed by an authorized representative of each party.
Rev. April, 2006 Sun/Final/Full
License Agreement for {ProductName}
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: {ProductName}
License Term: Perpetual (subject to termination under the SLA)
Licensed Unit: Software Copy
Licensed unit Count: Unlimited
Permitted Uses:
1. You may reproduce and use the Software for Your own Individual, Commercial, or Research and Instructional Use for the purposes of designing, developing, testing, and running Your applets and application ("Programs").
2. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software's documentation, You may reproduce and distribute portions of Software identified as a redistributable in the documentation ("Redistributable"), provided that:
(a) You distribute Redistributable complete and unmodified and only bundled as part of Your Programs,
(b) Your Programs add significant and primary functionality to the Redistributable, (c) You distribute Redistributable for the sole purpose of running Your Programs,
(d) You do not distribute additional software intended to replace any component(s) of the Redistributable,
(e) You do not remove or alter any proprietary legends or notices contained in or on the Redistributable.
(f) You only distribute the Redistributable subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and
(g) You agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Redistributable.
3. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT
1. Definitions.
(a) "Entitlement" means the collective set of applicable documents authorized by Sun evidencing your obligation to pay associated fees (if any) for the license, associated Services, and the authorized scope of use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized in this Agreement as specified in your Entitlement. The Permitted Use for any bundled Sun software not specified in your Entitlement will be evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its delegate will provide, if any, as selected in your Entitlement and as further described in the applicable service listings at www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your Entitlement. Also, certain software may be included for evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal entity specified in the Entitlement, or for evaluation purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a nonexclusive, nontransferable limited license to use Software for its Permitted Use for the license term. Your Entitlement will specify (a) Software licensed, (b) the Permitted Use, (c) the license term, and (d) the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the date such rights begin is other than the purchase date, your Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on the manner in which you obtain Software and Services, for example, the Entitlement may be provided in your receipt, invoice or your contract with Sun or authorized Sun reseller. It may also be in electronic format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted Uses will apply to your use of Software. Unless you have an Entitlement that expressly permits it, you may not use Software for any of the other Permitted Uses. If you don't have an Entitlement, or if your Entitlement doesn't cover additional software delivered to you, then such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period of 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to design, develop and test, and also to provide instruction on such uses.
(c) Individual Use. You may use Software internally for personal, individual use. (d) Commercial Use. You may use Software internally for your own commercial purposes.
(e) Service Provider Use. You may make Software functionality accessible (but not by providing Software itself or through outsourcing services) to your end users in an extranet deployment, but not to your affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in your Entitlement. If you require additional Licensed Units, you will need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this Agreement are licensed, not sold, to you by Sun. Sun reserves all rights not expressly granted. (b) You may make a single archival copy of Software, but otherwise may not copy, modify, or distribute Software. However if the Sun documentation accompanying Software lists specific portions of Software, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the Sun documentation. (c) You may not rent, lease, lend or encumber Software. (d) Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software. (e) The terms and conditions of this Agreement will apply to any Software updates, provided to you at Sun's discretion, that replace and/or supplement the original Software, unless such update contains a separate license. (f) You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Sun. (g) Software is confidential and copyrighted. (h) Unless otherwise specified, if Software is delivered with embedded or bundled software that enables functionality of Software, you may not use such software on a stand-alone basis or use any portion of such software to interoperate with any program(s) other than Software. (i) Software may contain programs that perform automated collection of system data and/or automated software updating services. System data collected through such programs may be used by Sun, its subcontractors, and its service delivery partners for the purpose of providing you with remote system services and/or improving Sun's software and systems. (j) Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and Sun and its licensors disclaim any express or implied warranty of fitness for such uses. (k) No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your rights under this Agreement will terminate immediately without notice from Sun if you materially breach it or take any action in derogation of Sun's and/or its licensors' rights to Software. Sun may terminate this Agreement should any Software become, or in Sun's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional classes to, or modifications of, the Java technology, except under compatibility requirements available under a separate agreement available at www.java.net.
Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products.
Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software in this distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Some states do not allow limitations on certain implied warranties, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
14. Severability.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed byan authorized representative of each party.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions.
A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: {Software Product Name}
License Term: Perpetual (subject to termination under the SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for Individual, Commercial,
or Research and Instructional Use for the purposes of designing,
developing, testing, and running Your applets and
application("Programs").
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's documentation,
You may reproduce and distribute portions of Software identified as a
redistributable in the documentation ("Redistributable"), provided
that:
(a) you distribute Redistributable complete and unmodified and only
bundled as part of Your Programs,
(b) your Programs add significant and primary functionality to the
Redistributable,
(c) you distribute Redistributable for the sole purpose of running your
Programs,
(d) you do not distribute additional software intended to replace any
component(s) of the Redistributable,
(e) you do not remove or alter any proprietary legends or notices
contained in or on the Redistributable.
(f) you only distribute the Redistributable subject to a license
agreement that protects Sun's interests consistent with the terms
contained in this Agreement, and
(g) you agree to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection with any
claim, lawsuit or action by any third party that arises or results from
the use or distribution of any and all Programs and/or
Redistributable.
3. Java Technology Restrictions. You may not create, modify, or change
the behavior of, or authorize your licensees to create, modify, or
change the behavior of, classes, interfaces, or subpackages that are in
any way identified as "java", "javax", "sun" or similar convention as
specified by Sun in any naming convention designation.
B. Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
MASTER TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable documents
authorized by Sun evidencing your obligation to pay associated fees (if
any) for the license, associated Services, and the authorized scope of
use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized
in this Agreement as specified in your Entitlement. The Permitted Use
for any bundled Sun software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its delegate will
provide, if any, as selected in your Entitlement and as further
described in the applicable service listings at
www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your
Entitlement. Also, certain software may be included for evaluation use
under Section 3.
(f) "You" and "Your" means the individual or legal entity specified
in the Entitlement, or for evaluation purposes, the entity performing
the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use Software for its
Permitted Use for the license term. Your Entitlement will specify (a)
Software licensed, (b) the Permitted Use, (c) the license term, and (d)
the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also
specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the
date such rights begin is other than the purchase date, your
Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on
the manner in which you obtain Software and Services, for example, the
Entitlement may be provided in your receipt, invoice or your contract
with Sun or authorized Sun reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted
Uses will apply to your use of Software. Unless you have an Entitlement
that expressly permits it, you may not use Software for any of the
other Permitted Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to you, then
such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period
of 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to
design, develop and test, and also to provide instruction on such
uses.
(c) Individual Use. You may use Software internally for personal,
individual use.
(d) Commercial Use. You may use Software internally for your own
commercial purposes.
(e) Service Provider Use. You may make Software functionality
accessible (but not by providing Software itself or through outsourcing
services) to your end users in an extranet deployment, but not to your
affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in
your Entitlement. If you require additional Licensed Units, you will
need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this Agreement are
licensed, not sold, to you by Sun. Sun reserves all rights not
expressly granted. (b) You may make a single archival copy of Software,
but otherwise may not copy, modify, or distribute Software. However if
the Sun documentation accompanying Software lists specific portions of
Software, such as header files, class libraries, reference source code,
and/or redistributable files, that may be handled differently, you may
do so only as provided in the Sun documentation. (c) You may not rent,
lease, lend or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse engineer
Software. (e) The terms and conditions of this Agreement will apply to
any Software updates, provided to you at Sun's discretion, that replace
and/or supplement the original Software, unless such update contains a
separate license. (f) You may not publish or provide the results of any
benchmark or comparison tests run on Software to any third party
without the prior written consent of Sun. (g) Software is confidential
and copyrighted. (h) Unless otherwise specified, if Software is
delivered with embedded or bundled software that enables functionality
of Software, you may not use such software on a stand-alone basis or
use any portion of such software to interoperate with any program(s)
other than Software. (i) Software may contain programs that perform
automated collection of system data and/or automated software updating
services. System data collected through such programs may be used by
Sun, its subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or improving
Sun's software and systems. (j) Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility and Sun and its licensors disclaim any express
or implied warranty of fitness for such uses. (k) No right, title or
interest in or to any trademark, service mark, logo or trade name of
Sun or its licensors is granted under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your
rights under this Agreement will terminate immediately without notice
from Sun if you materially breach it or take any action in derogation
of Sun's and/or its licensors' rights to Software. Sun may terminate
this Agreement should any Software become, or in Sun's reasonable
opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon
termination, you will cease use of, and destroy, Software and confirm
compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional
classes to, or modifications of, the Java technology, except under
compatibility requirements available under a separate agreement
available at www.java.net.
Sun supports and benefits from the global community of open source
developers, and thanks the community for its important contributions
and open standards-based technology, which Sun has adopted into many of
its products.
Please note that portions of Software may be provided with notices and
open source licenses from such communities and third parties that
govern the use of those portions, and any licenses granted hereunder do
not alter any rights and obligations you may have under such open
source licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in
this distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of
purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is
provided "AS IS". Your exclusive remedy and Sun's entire liability
under this limited warranty will be at Sun's option to replace Software
media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of
the terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials
delivered under this Agreement are subject to U.S. export control laws
and may be subject to export or import regulations in other countries.
You agree to comply strictly with these laws and regulations and
acknowledge that you have the responsibility to obtain any licenses to
export, re-export, or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or
by a U.S. Government prime contractor or subcontractor (at any tier),
then the Government's rights in Software and accompanying documentation
will be only as set forth in this Agreement; this is in accordance with
48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
14. Severability.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless
omission would frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is
the entire agreement between you and Sun relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails
over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification
of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
California 95054 if you have questions.
Sun GlassFish License
1. Definitions.
"Software" means all the portions of the GlassFish distribution provided by Sun only in binary code form, and including any updates or error corrections or documentation provided by Sun under this Agreement.
2. Permitted Uses.
Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software's documentation, Sun grants you a non-exclusive, non-transferable, limited license without fees to
(a) reproduce and use internally the Software for the purposes of developing or running GlassFish or modified versions of GlassFish.
(b) reproduce and distribute the Software (and also portions of Software identified as Redistributable in the documentation accompanying Software), provided that you
(i) distribute the Software or Redistributables bundled as part of, and for the sole purpose of running, GlassFish or modified versions of GlassFish;
(ii) do not remove or alter any proprietary legends or notices contained in or on the Software or Redistributables,
(iii) only distribute the Software or Redistributables subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and
(iv) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs, Software, or Redistributables.
3. Restrictions.
(a) The copies of Software provided to you under this Agreement is licensed, not sold, to you by Sun. Sun reserves all rights not expressly granted.
(b) You may not modify Software. However if the documentation accompanying Software lists specific portions of Software, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the documentation.
(c) You may not rent, lease, lend or encumber Software.
(d) you do not remove or alter any proprietary legends or notices contained in the Software,
(e) Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software.
(f) The terms and conditions of this Agreement will apply to any Software updates, provided to you at Sun's discretion, that replace and/or supplement the original Software, unless such update contains a separate license.
(g) Software is confidential and copyrighted.
(h) Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and Sun and its licensors disclaim any express or implied warranty of fitness for such uses.
(i) No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
(j) If your Permitted Use in this Agreement permits the distribution Software or portions of the Software, you may only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement.
4. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional classes to, or modifications of, the Java technology, except under compatibility requirements available under a separate agreement available at www.java.net. Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products. Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software in this distribution.
5. Term and Termination.
The Agreement is effective on the Date you receive the Software and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from Sun if you materially breach it or take any action in derogation of Sun's and/or its licensors' rights to Software. Sun may terminate this Agreement should any Software become, or in Sun's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to Sun. Sections 1, 3, 4, 5, and 7-13 will survive termination of the Agreement.
6. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Some states do not allow limitations on certain implied warranties, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
7. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
9. Export Regulations.
All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
10. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. Governing Law.
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. Severability.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. Integration.
This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
This software product (LICENSED PRODUCT), implementing the Object Management Group's "Internet Inter-ORB Protocol", is protected by copyright and is distributed under the following license restricting its use. Portions of LICENSED PRODUCT may be protected by one or more U.S. or foreign patents, or pending applications.
LICENSED PRODUCT is made available for your use provided that you include this license and copyright notice on all media and documentation and the software program in which this product is incorporated in whole or part.
You may copy, modify, distribute, or sublicense the LICENSED PRODUCT without charge as part of a product or software program developed by you, so long as you preserve the functionality of interoperating with the Object Management Group's "Internet Inter-ORB Protocol" version one. However, any uses other than the foregoing uses shall require the express written consent of Sun Microsystems, Inc.
The names of Sun Microsystems, Inc. and any of its subsidiaries or affiliates may not be used in advertising or publicity pertaining to distribution of the LICENSED PRODUCT as permitted herein.
This license is effective until terminated by Sun for failure to comply with this license. Upon termination, you shall destroy or return all code and documentation for the LICENSED PRODUCT.
LICENSED PRODUCT IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF DESIGN, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
LICENSED PRODUCT IS PROVIDED WITH NO SUPPORT AND WITHOUT ANY OBLIGATION ON THE PART OF SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES TO ASSIST IN ITS USE, CORRECTION, MODIFICATION OR ENHANCEMENT.
SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL HAVE NO LIABILITY WITH RESPECT TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY LICENSED PRODUCT OR ANY PART THEREOF.
IN NO EVENT WILL SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR OTHER SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and FAR 52.227-19.
SunOS, SunSoft, Sun, Solaris, Sun Microsystems and the Sun logo are trademarks or registered trademarks of Sun Microsystems, Inc.
License Agreement
SUN MICROSYSTEMS, INC. (``SUN'') IS WILLING TO LICENSE ITS Java Transaction API
SOFTWARE (``SOFTWARE'') TO YOU ("CUSTOMER") ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THE AGREEMENT
CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS
PAGE. BY SELECTING THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS AND
CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
ITS TERMS, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE
AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1. License to Distribute. Customer is granted a royalty-free,
non-transferable right to reproduce and use the Software
for the purpose of developing applications which run in
conjunction with the Software. Customer may not modify the Software
(including any APIs exposed by the Software) in any way.
2. Restrictions. Software is confidential copyrighted information
of Sun and title to all copies is retained by Sun and/or its
licensors. Except to the extent enforcement of this provision is
prohibited by applicable law, if at all, Customer shall not decompile,
disassemble, decrypt, extract, or otherwise reverse engineer Software.
Software is not designed or intended for use in on-line control of
aircraft, air traffic, aircraft navigation or aircraft communications;
or in the design, construction, operation or maintenance of any nuclear
facility. Customer warrants that it will not use or redistribute the
Software for such purposes.
3. Trademarks and Logos. This Agreement does not authorize
Customer to use any Sun name, trademark or logo. Customer acknowledges
that Sun owns the Java trademark and all Java-related trademarks, logos
and icons including the Coffee Cup and Duke (``Java Marks'') and agrees
to: (i) comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html; (ii) not do anything harmful to or
inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun
in protecting those rights, including assigning to Sun any rights
acquired by Customer in any Java Mark.
4. Disclaimer of Warranty. Software is provided ``AS IS,'' without a
warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
5.Limitation of Liability. IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE
DOWNLOADING OF, USE OF, OR INABILITY TO USE, SOFTWARE, EVEN IF SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. Customer may terminate this Agreement at any time
by destroying all copies of Software. This Agreement will terminate
immediately without notice from Sun if Customer fails to comply with
any provision of this Agreement. Upon such termination, Customer must
destroy all copies of Software. Sections 4 and 5 above shall survive
termination of this Agreement.
7. Export Regulations. Software, including technical data, is
subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject
to export or import regulations in other countries. Customer agrees to
comply strictly with all such regulations and acknowledges that it has
the responsibility to obtain licenses to export, re-export, or import
Software. Software may not be downloaded, or otherwise exported or
re-exported (i) into, or to a national or resident of, Cuba, Iraq,
Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Denial Orders.
8. Restricted Rights. Use, duplication or disclosure by the United
States government is subject to the restrictions as set forth in the
Rights in Technical Data and Computer Software Clauses in DFARS
252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
10. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any
jurisdiction, then such provisions are herewith waived or amended to
the extent necessary for the Agreement to be otherwise enforceable in
such jurisdiction. However, if in Sun's opinion deletion or amendment
of any provisions of the Agreement by operation of this paragraph
unreasonably compromises the rights or increase the liabilities of Sun
or its licensors, Sun reserves the right to terminate the Agreement.
JAVA WEB SERVICES DEVELOPER PACK, VERSION 1.6
Sun Microsystems Inc. Software License Agreement
SUN IS WILLING TO LICENSE THE ACCOMPANYING BINARY SOFTWARE IN MACHINE-READABLE FORM, TOGETHER WITH ACCOMPANYING DOCUMENTATION (COLLECTIVELY "SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITION CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS SOFTWARE LICENSE AGREEMENT.
LICENSE TO EVALUATE EA SOFTWARE: The Binary Code License Agreement ("BCL") and the Evaluation Terms ("Evaluation Terms") below shall apply to the portions of the Software identified as Early Access in the Software's Release Notes. The BCL and the Evaluation Terms shall collectively be referred to as the Evaluation Agreement ("Evaluation Agreement").
LICENSE TO USE FCS SOFTWARE: The BCL and the Supplemental Terms ("Supplemental Terms") provided following the BCL shall apply to portions of the Software identified as FCS Software in the Software's Release Notes. BCL and the Supplemental Terms shall collectively be referred to as the Agreement ("Agreement").
EVALUATION TERMS
The terms of the Evaluation Agreement shall apply to portions of Software identified as Early Access in the Software's Release Notes ("Software"). These Evaluation Terms add to or modify the terms of the BCL. Capitalized terms not defined in these Evaluation Terms shall have the same meanings ascribed to them in the BCL. These Evaluation Terms shall supersede any inconsistent or conflicting terms in the BCL below, or in any license contained within the Software.
I. LICENSE TO EVALUATE. Sun grants to you, a non-exclusive, non-transferable, royalty-free and limited license to use one (1) copy of the Software internally for the purposes of evaluation only for one hundred eighty (180) days after the date you download the Software from Sun ("Evaluation Period"). No license is granted to you for any other purpose. You may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to any third party. Licensee shall have no right to use the Software for productive or commercial use.
II. DUTIES. You agree to evaluate and test the Software for use in your software environment and provide feedback to Sun in a manner reasonably requested by Sun. Any and all test results, error data, reports or other information, feedback or materials made or provided by you relating to Software (collectively, "Feedback") is the exclusive property of Sun and you hereby assigns all Feedback to Sun at no cost to Sun. Sun may use such Feedback in any manner and for any purpose, without limitation, liability or obligation to you.
III. CONFIDENTIAL INFORMATION. For purposes of the Evaluation Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code, which Sun discloses to Licensee related to Software; (ii) Licensee's feedback based on Software; and (iii) the terms, conditions, and existence of this Agreement. Licensee may not disclose or use Confidential Information, except for the purposes specified in this Agreement. You will protect the Confidential Information with the same degree of care, but not less than a reasonable degree of care, as Licensee uses to protect its own Confidential Information. You must restrict access to Confidential Information to your employees or contractors with a need for access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation, which incorporates the protections and restrictions substantially as set forth in this Agreement. Your obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Sun source code which will be protected in perpetuity. You agree that Software contains Sun trade secrets. Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of this section will not apply to any portion of Confidential Information that you can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of you becomes, generally known to the public; (ii) known to you at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to you by a third party without restriction on disclosure; or (iv) independently developed by you without any use ofthe Confidential Information.
IV. TERMINATION AND/OR EXPIRATION. Upon expiration of the Evaluation Period, unless terminated earlier by Sun, you agree to immediately cease use of and destroy Software. Either party may terminate this Evaluation Agreement upon ten (10) days' written notice to the other party. However, Sun may terminate this Evaluation Agreement immediately should any Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright. Sun may terminate this Evaluation Agreement immediately should you materially breach any of its provisions or take any action in derogation of Sun's rights to the Confidential Information licensed to you. Upon termination or expiration of this Evaluation Agreement, you will immediately cease use of and destroy Software, any copies thereof and provide to Sun a written statement certifying that you have complied with the foregoing obligations. Rights and obligations under this Evaluation Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.
V. NO SUPPORT. Sun is under no obligation to support Software or to provide upgrades or error corrections ("Software Updates") to the Software. If Sun, at its sole option, supplies Software Updates to you, the Software Updates will be considered part of Software, and subject to the terms of this Agreement.
VI. LIMITATION OF LIABILITY. Licensee acknowledges that the Software may be experimental and that the Software may have defects or deficiencies, which cannot or will not be corrected by Sun. Licensee will hold Sun harmless from any claims based on Licensee's use of the Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Software furnished to Licensee are incompatible with the Software provided to Licensee under this Agreement.
VII. NO SUPPLEMENTAL TERMS. The Supplemental Terms following the BCL do not apply to the Evaluation Agreement. Portions of Software identified as Early Access in the Software's Release Notes may not be redistributed even if identified as Redistributable in the Software's Release Notes.
VIII. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
IX. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.
X. Third Party Licenses. Additional copyright notices and license terms applicable to portions of the software are set forth in the THIRDPARTYLICENSEREADME file.
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. Licensee acknowledges that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section C (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software complete and unmodified for the purposes of designing, developing, testing, and running your Java applets and applications intended to run on the Java platform ("Programs"), except for certain files identified in the Software "Release Notes" file which may only be used for the purposes of designing, developing, and testing Programs.
B. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to Section C (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute those components specifically identified as redistributable in the Software "Release Notes" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable Release Notes file), and only bundled as part of your Programs, (ii) you do not distribute additional software intended to supersede any portion of the Redistributables, (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (v) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software, and (vi) if you distribute the Java Secure Socket Extension package, include the following statement as part of product documentation (whether hard copy or electronic), as a part of a copyright page or proprietary rights notice page, in an "About" box or in any other form reasonably designed to make the statement visible to users of the Software: "This product includes code licensed from RSA Data Security".
C. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
D. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be distributed with Java applets and applications.
E. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
F. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
G. Third Party Licenses. Additional copyright notices and license terms applicable to portions of the software are set forth in the THIRDPARTYLICENSEREADME file.
H. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054.
Sun JavaMail
License Agreement
1. License to Distribute. Customer is granted a royalty-free, non-transferable right to reproduce and use the Software for the purpose of developing applications which run in conjunction with the Software. Customer may not modify the Software (including any APIs exposed by the Software) in any way.
2. Restrictions. Software is confidential copyrighted information of Sun and title to all copies is retained by Sun and/or its licensors. Except to the extent enforcement of this provision is prohibited by applicable law, if at all, Customer shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Customer warrants that it will not use or redistribute the Software for such purposes.
3. Trademarks and Logos. This Agreement does not authorize Customer to use any Sun name, trademark or logo. Customer acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke (``Java Marks'') and agrees to: (i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Customer in any Java Mark.
4. Disclaimer of Warranty. Software is provided ``AS IS,'' without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
5.Limitation of Liability. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE DOWNLOADING OF, USE OF, OR INABILITY TO USE, SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination. Customer may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if Customer fails to comply with any provision of this Agreement. Upon such termination, Customer must destroy all copies of Software. Sections 4 and 5 above shall survive termination of this Agreement.
7. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
8. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the Agreement to be otherwise enforceable in such jurisdiction. However, if in Sun's opinion deletion or amendment of any provisions of the Agreement by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Sun or its licensors, Sun reserves the right to terminate the Agreement.
Sun Confidential and Proprietary
JAVA ADVANCED IMAGING DISTRIBUTION LICENSE (VER. 1.1.X) JAI
I. LICENSE GRANTS, TERMS AND RESTRICTIONS
1.0 General License Terms. This Java Distribution License ("JDL") is between Sun Microsystems, Inc. ("Sun") and You where “You” means the individual or legal entity exercising rights under this JDL. "Technology" means the following as provided under this JDL: (i) the source code and binary code from the Reference Implementation ("RI") of the JavaTM Advanced Imaging version 1.1.x Specification (the "Specification") and related documentation, all as revised or upgraded and made available hereunder; and (ii) the associated technology compatibility kit ("TCK"). The TCK contains the TCK documentation, user's guide ("TCK User's Guide"), test tools and test suite associated with the Specification, as revised or upgraded by Sun. The TCK is provided so that You may determine if Your implementation is compliant with the Specification. “Modifications” means any (i) change or addition to or derivative of the Technology; or (ii) new source or object code implementing the Specification for the Technology. "Commercial Use” means: (i) Your use of the RI and/or Modifications as part of a Compatible Implementation within Your business or organization, but only by Your employees or agents; and/or (ii) any use or distribution, directly or indirectly by You of the RI and/or Modifications as part of a Compatible Implementation to any third party, alone or bundled with any other software or hardware, for direct or indirect commercial or strategic gain or advantage. By Your use or distribution of the Technology and Modifications, You agree to the terms of this JDL.
2.0 License Grants, Restrictions and Termination.
2.1 Commercial Use and Internal Deployment License Grants. Subject to the terms of this JDL, Sun grants to You, to the extent of Sun's licensable copyrights, patents and trade secrets in the RI, a limited, non-exclusive, non-transferable, worldwide and royalty-free license to modify, compile, reproduce, distribute, internally use and internally deploy code and related documentation from the RI and/or Modifications for Commercial Use, but only as part of Your own Compatible Implementation (as defined below), and only if You make such distributions as follows:
(i) Source Code. You can only distribute source code for the RI and Modifications under all of the following conditions: (a) You make such distribution under the terms of this JDL; (b) without offering or imposing any different terms; (c) to a receipient who has accepted the terms of this JDL; and (d) You provide a copy of this JDL to each such receipient;
(ii) Binary Code. You can distribute binary code for the RI and Modifications but only under license terms which (a) have been accepted by the receipient; (b) are consistent, and not conflicting, with the terms of the JDL; and (c) where such terms are no less protective of Sun than the terms of this JDL.
2.2 TCK License Grant. Subject to the terms of this JDL, Sun grants to You, to the extent of Sun's licensable copyrights, patents and trade secrets in the TCK, a limited, non-exclusive, non-transferable, worldwide and royalty-free license to internally use the TCK for the sole purpose of developing and testing Your Compatible Implementations (as defined below).
2.2.1 TCK Master Support Agreement. If you desire support for the TCK, You may execute a separate TCK master support agreement with Sun.
2.2.2 TCK Use Terms. Your TCK license grant hereunder is expressly conditioned upon your continued adherance to the following restrictions:
(i) You may not sublicense or distribute the TCK to any third party except for any specific TCK code files identified as redistributables in the TCK User's Guide ("Redistributables"), but only: (a) as part of a TCK Adaptor accompanying a Compatible Implementation (where a "TCK Adaptor" means a program that effects interoperability between the TCK and the Compatible Implementation); and (b) pursuant to a license agreement that protects Sun's interests consistent with the terms of the JDL;
(ii) You may not create derivative works of the TCK nor of any of its components except for the Redistributables in a TCK Adaptor;
(iii) You may not disassemble or decompile binary portions of the TCK's test suites or test tools or otherwise attempt to derive the source code from such binary portions;
(iv) You may not develop other test suites intended to validate compatibility with the Specification to which the TCK licensed hereunder corresponds;
(v) You may not use the TCK to test a third party’s product;
(vi) You may not make Commercial Use of code which implements any portion of the Specification unless such code is included in a Compatible Implementation;
(vii) You may disclose Test Reports (where "Test Reports" means those reports generated by the TCK which identify only configuration information and the status of individual or aggregate test executions) for an implementation which You are attempting to certify in accordance with the terms of this JDL for the sole purpose of making Your implementation a Compatible Implementation, but you may not make any claims of comparative compatibility nor disclose any other TCK testing information to any party. For example, You cannot claim that Your implementation is "nearly compatible" or "98% compatible." When You share Test Reports in any public forum, including mailing lists, marketing material or press releases, and Your implementation is not a Compatible Implementation, You must state that Your implementation is "not compatible;" and
(viii) You will protect the TCK as confidential information of Sun and, except as expressly authorized herein, You may not disclose the TCK to any third party. This obligation of confidentiality with respect to the TCK will survive any termination or expiration of this JDL.
2.3 Term and Termination. This JDL shall have an initial term of three (3) years after your acceptance of this JDL and shall thereafter automatically renew for additional one year terms unless either party provides notice to the other party sixty (60) days prior to an anniversary date. The license grants of this JDL, are expressly conditioned upon Your not acting outside their scope, and Your continued compliance with the material provisions of this JDL. All license grants under this JDL will automatically and immediately be revoked without notice if You fail to so comply. Upon termination or expiration of this JDL, You must discontinue all use and distribution of the Technology and any Compatible Implementation licensed under this JDL. All sublicenses You have properly granted hereunder shall survive termination or expiration of Your rights under the JDL. Provisions which should, by their nature, remain in effect after termination or expiration shall survive, including, without limitation, the provisions of Article II (General Terms) and the TCK confidentiality obligations under this JDL.
2.4 General License Restrictions. Some portions of the Technology are provided with notices and/or open source or other licenses from other parties which govern the use of those portions. Your use or distribution of encryption technology contained within the Technlogy is subject to all applicable governmental regulations of the United States of America and the country where the Technology is deployed. You agree to comply with the U.S. export controls and trade laws of other countries that apply to the Technology and Compatible Implementations. You acknowledge that the Technology is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Other than the rights granted herein, Sun retains all rights, title, and interest in the Technlogy.
3.0 Compatibility and Use of the TCK.
3.1 Compatible Implementation TCK Requirements. Your use of the RI and/or Modifications as part of an implementation of the Specification is a "Compatible Implementation" if the implementation meets the following requirements:
3.1.1 A Compatible Implementation must comply with the full Specification, including all its required interfaces and functionality;
3.1.2 A Compatible Implementation must either: (i) pass the most current compatibility requirements (as defined by the TCK User's Guide) which were made available by Sun one hundred twenty (120) days before first commercial shipment ("FCS") of each version of the Compatible Implementation (eg. if Your FCS was December 31, 2003, You must have passed the most current version of the TCK as of September 2, 2003); or (ii) at Your option, pass all the compatibility requirements of a newer version of the TCK and its associated TCK User's Guide;
3.1.3 A Compatible Implementation may not modify the functional behavior of the "Java Classes" which means the specific class libraries associated with the Technology; and
3.1.4 A Compatible Implementation may not modify, subset, superset or otherwise extend the Licensor Name Space, nor include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required and/or authorized by the Specification. "Licensor Name Space" means the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any subsequent naming convention adopted by Sun through the Java Community Process, or any recognized successors or replacements thereof.
3.2 Self-Certification for Compatibility. You shall self-certify that Your Compatible Implementation passes the applicable TCK as set forth above, if and when Your Compatible Implementation in fact does so, provided that:
3.2.1 If Sun policy (as communicated to You by Sun) also requires verification of compatibility for Your Compatible Implementation then You shall, prior to the FCS of the Compatible Implementation, submit verification of compatibility to Sun or to an independent test facility designated by Sun. If such verification is by an independent test facility, then the reasonable costs of such activity (including any applicable fees) shall be at Your expense. Sun may publish or otherwise disclose Your test results.
3.2.2 Upon thirty (30) days written notice by Sun, and no more than two (2) times per calendar year, You shall permit Sun or its authorized representative to inspect and test any Compatible Implementation which has been self-certified per this subsection 3.2 to ensure that such Compatible Implementation meets the compatibility and other requirements for a Compatible Implementation as set forth herein. The reasonable costs of such inspection shall be at Sun’s expense; provided, however, that You shall reimburse Sun for such costs if the inspection reveals that the Compatible Implementation does not meet such requirements and these deficiencies are not cured within thirty (30) days.
4.0 Fees and Royalties. There are no fees or royalites associated with the license grants for the Technology licensed under this JDL.
II. GENERAL TERMS
5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND,EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY AND/OR MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE,FITFORAPARTICULARPURPOSE,ORNON-INFRINGINGOFTHIRDPARTYRIGHTS. YOUAGREETHATYOUBEARTHEENTIRERISKIN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND/OR MODIFICATIONS UNDER THIS JDL. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole discretion, upon any action initiated by You alleging that the use or distribution of the Technology and/or Modifications by Sun, or any other licensee of the Technology and/or Modifications, infringes a patent owned or controlled by You. In addition, if any portion of, or functionality implemented by, the Technology becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), Sun may, at its sole option, (i) attempt to procure the rights necessary for You to continue using the Affected Materials, (ii) modify the Affected Materials so that they are no longer infringing, or (iii) immediately suspend Your rights to use and distribute the Affected Materials under this JDL by providing notice of suspension to You in a reasonable manner, and refund toYou the amount, if any, having then actually been paid by You to Sun under this JDL, on a straight line, five year basis .
7.0 Limitation of Liability. Sun will be not be liable for any claims relating to, or arising out of, this JDL, whether in tort, contract or otherwise, in an amount in excess of any annual license fees You paid to Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT BE DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR FIVE HUNDRED US DOLLARS, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTALS OR CONSEQUENTIALDAMAGESSOTHEABOVEEXCLUSIONANDLIMITATION MAYNOTAPPLYTOYOU.
8.0 Support. Sun does not provide any support for the Technology or the TCK to either You or Your customers under this JDL. Support for the TCK is provided under a separate TCK master support agreement. If You desire support for the RI, You may contact Sun. You are solely reponsible for providing all support to Your customers with respect to the Technology, TCK, Modifications and/or Compatible Implementation.
9.0 Marketing and Press Announcements. Your initial press announcement concerning execution of this JDL must be reviewed and approved by Sun prior to its release. You hereby authorizes Sun to include You in a published list of licensees of the Technology. Sun shall also be authorized to use Your name in advertising, marketing collateral, and customer success stories prepared by or on behalf of Sun for the Technology subject to Your prior approval, such approval not to be unreasonably withheld or delayed.
10.0 Notices. All notices required by this JDL must be in writing. Sun shall deliver notice to You via either e-mail or by physical mail based on the information You provided to Sun when you accepted this JDL. Notices by You to Sun will be effective only upon receipt by Sun at the following physical addresses: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, Attn.: Sun Software VP of Sales, cc: General Counsel, cc: Product Law Legal Department or to such different address as Sun provides on the Technology Site for such purpose.
11.0 Proprietary Rights Notices and Branding Requirements. There are no specific branding requirements associated with the Technology under this JDL. You may not remove any copyright notices, trademark notices or other proprietary legends of Sun or its suppliers contained on or in the Technology, including any notices of licenses for open source components. You agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Except as provided in this JDL, no right, title or interest to Sun's trademarks, brands or logos is granted herein.
12.0 U.S. Government End Users. The Technology and Modifications are a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Technology and/or Modifications with only those rights set forth herein. You agree to pass this notice to Your licensees.
13.0 Miscellaneous. This JDL is governed by the laws of the United States and the State of California, as applied to contracts entered into and performed in California between California residents. The relationship created under this JDL is that of licensor and licensee and does not create any other relationship such as a partnership, franchise, joint venture, agency or employment relationship between the parties. This JDL may not be assigned or transferred by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed, except that Sun may assign: (i) to an affiliated company, or (ii) in the event of a merger, acquisition or sale of all or substantially all of the assets of Sun. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver nor any expectation of non-enforcement. The disclaimer of warranties and limitations of liability constitute an essential basis of the bargain in this JDL. This JDL represents the complete agreement of the parties concerning the subject matter hereof and may not be modified or amended in whole or part, except by a written instrument signed by the parties' authorized representatives. Nothing herein shall supersede or modify the terms of any separate signed written license agreement You may have executed with Sun regarding the Technology.
YOU: By: ___________________________________ Name: ___________________________________
Title: __________________________________ Date: _____________________________________
Java 3D/Java Distribution Lic. 3 11 February 2005/jbn
Copyright 2006 SUN MICROSYSTEMS, INC.
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.
LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. Sun hereby grants you a fully-paid,
non-exclusive, non-transferable, worldwide, limited license (without the
right to sublicense), under Sun's applicable intellectual property
rights to view, download, use and reproduce the Specification only for
the purpose of internal evaluation. This includes (i) developing
applications intended to run on an implementation of the Specification,
provided that such applications do not themselves implement any
portion(s) of the Specification, and (ii) discussing the Specification
with any third party; and (iii) excerpting brief portions of the
Specification in oral or written communications which discuss the
Specification provided that such excerpts do not in the aggregate
constitute a significant portion of the Specification.
2. License for the Distribution of Compliant Implementations. Sun also
grants you a perpetual, non-exclusive, non-transferable, worldwide,
fully paid-up, royalty free, limited license (without the right to
sublicense) under any applicable copyrights or, subject to the
provisions of subsection 4 below, patent rights it may have covering the
Specification to create and/or distribute an Independent Implementation
of the Specification that: (a) fully implements the Specification
including all its required interfaces and functionality; (b) does not
modify, subset, superset or otherwise extend the Licensor Name Space, or
include any public or protected packages, classes, Java interfaces,
fields or methods within the Licensor Name Space other than those
required/authorized by the Specification or Specifications being
implemented; and (c) passes the Technology Compatibility Kit (including
satisfying the requirements of the applicable TCK Users Guide) for such
Specification ("Compliant Implementation"). In addition, the foregoing
license is expressly conditioned on your not acting outside its scope.
No license is granted hereunder for any other purpose (including, for
example, modifying the Specification, other than to the extent of your
fair use rights, or distributing the Specification to third parties).
Also, no right, title, or interest in or to any trademarks, service
marks, or trade names of Sun or Sun's licensors is granted hereunder.
Java, and Java-related logos, marks and names are trademarks or
registered trademarks of Sun Microsystems, Inc. in the U.S. and other
countries.
3. Pass-through Conditions. You need not include limitations (a)-(c)
from the previous paragraph or any other particular "pass through"
requirements in any license You grant concerning the use of your
Independent Implementation or products derived from it. However, except
with respect to Independent Implementations (and products derived from
them) that satisfy limitations (a)-(c) from the previous paragraph, You
may neither: (a) grant or otherwise pass through to your licensees any
licenses under Sun's applicable intellectual property rights; nor (b)
authorize your licensees to make any claims concerning their
implementation's compliance with the Specification in question.
4. Reciprocity Concerning Patent Licenses.
a. With respect to any patent claims covered by the license granted
under subparagraph 2 above that would be infringed by all technically
feasible implementations of the Specification, such license is
conditioned upon your offering on fair, reasonable and non-
discriminatory terms, to any party seeking it from You, a perpetual,
non-exclusive, non-transferable, worldwide license under Your patent
rights which are or would be infringed by all technically feasible
implementations of the Specification to develop, distribute and use a
Compliant Implementation.
b With respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2, whether or not their infringement
can be avoided in a technically feasible manner when implementing the
Specification, such license shall terminate with respect to such claims
if You initiate a claim against Sun that it has, in the course of
performing its responsibilities as the Specification Lead, induced any
other entity to infringe Your patent rights.
c Also with respect to any patent claims owned by Sun and covered by the
license granted under subparagraph 2 above, where the infringement of
such claims can be avoided in a technically feasible manner when
implementing the Specification such license, with respect to such
claims, shall terminate if You initiate a claim against Sun that its
making, having made, using, offering to sell, selling or importing a
Compliant Implementation infringes Your patent rights.
5. Definitions. For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of the Specification that
neither derives from any of Sun's source code or binary code materials
nor, except with an appropriate and separate license from Sun, includes
any of Sun's source code or binary code materials; "Licensor Name Space"
shall mean the public class or interface declarations whose names begin
with "java", "javax", "com.sun" or their equivalents in any subsequent
naming convention adopted by Sun through the Java Community Process, or
any recognized successors or replacements thereof; and
"Technology Compatibility Kit" or "TCK" shall mean the test suite and
accompanying TCK User's Guide provided by Sun which corresponds to the
Specification and that was available either (i) from Sun 120 days before
the first release of Your Independent Implementation that allows its use
for commercial purposes, or (ii) more recently than 120 days from such
release but against which You elect to test Your implementation of the
Specification.
This Agreement will terminate immediately without notice from Sun if you
breach the Agreement or act outside the scope of the licenses granted
above.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR
IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE
SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not
represent any commitment to release or implement any portion of the
Specification in any product. In addition, the Specification could
include technical inaccuracies or typographical errors.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR
HAVING, IMPLEMENTING OR OTHERWISE USING THE SPECIFICATION, EVEN IF SUN
AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
You will indemnify, hold harmless, and defend Sun and its licensors from
any claims arising or resulting from: (i) your use of the Specification;
(ii) the use or distribution of your Java application, applet and/or
implementation; and/or (iii) any claims that later versions or releases
of any Specification furnished to you are incompatible with the
Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being acquired by or on behalf
of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the
Software and accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 C.F.R. 227.7201 through
227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
If you provide Sun with any comments or suggestions concerning the
Specification ("Feedback"), you hereby: (i) agree that such Feedback is
provided on a non-proprietary and non-confidential basis, and (ii) grant
Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable
license, with the right to sublicense through multiple levels of
sublicensees, to incorporate, disclose, and use without limitation the
Feedback for any purpose.
GENERAL TERMS
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. The U.N. Convention for the
International Sale of Goods and the choice of law rules of any
jurisdiction will not apply.
The Specification is subject to U.S. export control laws and may be
subject to export or import regulations in other countries. Licensee
agrees to comply strictly with all such laws and regulations and
acknowledges that it has the responsibility to obtain such licenses to
export, re-export or import as may be required after delivery to
Licensee.
This Agreement is the parties' entire agreement relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, conditions, representations and warranties
and prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No
modification to this Agreement will be binding, unless in writing and
signed by an authorized representative of each party.
Rev. April, 2006 Sun/Final/Full
Sun JTA Specification License v1.0.1
http://download.oracle.com/otndocs/jcp/7286-jta-1.0.1-spec-oth-JSpec/?submit=Download
Copyright 1997-1999 Sun Microsystems, Inc.
901 San Antonio Road, Palo Alto, California 94303 U.S.A.
All rights reserved. Copyright in this document is owned by Sun Microsystems Inc.
Sun Microsystems, Inc. (SUN) hereby grants to you at no charge a nonexclusive,
nontransferable, perpetual, worldwide, limited license (without the right to
sublicense) under SUN's intellectual property rights that are essential to
practice this specification for the limited purpose of creating and distributing
implementations of this specification, provided however, that such
implementations do not derive from any SUN source code or binary materials and
do not include any SUN binary materials without an appropriate and separate
license from SUN. Other than this limited license, you acquire no right, title
or interest in or to this specification or any other SUN intellectual property.
No right, title, or interest in or to any trademarks, service marks, or trade
names of SUN or SUN’s licensors is granted hereunder.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to restrictions of FAR 52.227-
14(g)(2)(6/87) and FAR 52.227-19(6/87), or DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-1(a).
This specification contains the proprietary information of SUN and may only be used in accordance with
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SUN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE
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IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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YOU AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SPECIFICATION OR ITS
DERIVATIVES.
TRADEMARKS
Sun, the Sun logo, Sun Microsystems, Java, Enterprise JavaBeans, JDBC, and JDK are trademarks or
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MICROSYSTEMS, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
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Java(TM) Transaction API (JTA) Specification
("Specification")
Version: 1.0.1B
Status: Maintenance Release
Release: November 5, 2002
Copyright 2002 Sun Micro systems, Inc.
4150 Network Circle, Santa Clara, California
95054, U.S.A
All rights reserved.
NOTICE; LIMITED LICENSE GRANTS
Sun Microsystems, Inc. ("Sun") hereby grants you a
fully-paid, non-exclusive, non-t ransferable,
worldwide, limited license (without the right to
sublicense), under the Sun's applicable
intellectual property rights to view, download,
use and reproduce the Specification only for the
purpose of internal evalua tion, which shall be
understood to include developing applications
intended to run on an implementation of the
Specification provided that such applications do
not themselves implement any portion(s) of the
Specification.
Sun also grants you a perpetual, non-exclusive,
worldwide, fully paid-up, royalty free, limited
license (without the right to sublicense) under
any applicable copyrights or patent rights it may
have in the Specification to c reate and/or
distribute an Independent Implementation of the
Specification that: (i) fully implements the
Spec(s) including all its required interfaces and
functionality; (ii) does not modify, subset,
superset or otherwise ex tend the Licensor Name
Space, or include any public or protected
packages, classes, Java interfaces, fields or
methods within the Licensor Name Space other than
those required/authorized by the Specification or
Specifications being implemented; and (iii) passes
the TCK (including satisfying the requirements of
the applicable TCK Users Guide) for such
Specification. The foregoing license is expressly
conditioned on your not acting outside its scope.
No license is granted hereunder for any other
purpose.
You need not include limitations (i)-(iii) from
the previous paragraph or any other particular
"pass through" requirements in any license You
grant concerning the use of your Independent
Implementation or products derived from it.
However, except with respect to implementations of
the Specification (and products derived from them)
that satisfy limitations (i)-(iii) from the
previous pa ragraph, You may neither: (a) grant or
otherwise pass through to your licensees any
licenses under Sun's applicable intellectual
property rights; nor (b) authorize your licensees
to make any claims concerning their
implementa tion's compliance with the Spec in
question.
For the purposes of this Agreement: "Independent
Implementation" shall mean an implementation of
the Specification that neither derives from any of
Sun's source code or binary code materials nor,
except with an appropriate and separate license
from Sun, includes any of Sun's source code or
binary code materials; and "Licensor Name Space"
shall mean the public class or interface
declarations whose n ames begin with "java",
"javax", "com.sun" or their equivalents in any
subsequent naming convention adopted by Sun
through the Java Community Process, or any
recognized successors or replacements thereof.
This Agreement w ill terminate immediately without
notice from Sun if you fail to comply with any
material provision of or act outside the scope of
the licenses granted above.
TRADEMARKS
No right, title, or interest in or to any
trademarks, service marks, or trade names of Sun
or Sun's licensors is granted hereunder. Sun, Sun
Microsystems, the Sun logo, Java, and the Java
Coffee Cup logo are trademarks or registered
trademarks of Sun Microsystems, Inc. in the U.S.
and other countries.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES
NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THAT THE
CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY
PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF
SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER
RIGHTS. This document does not represent any
commitment to release or implement any portion of
the Specification in any product.
THE SPECIFICATION COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION THEREIN;
THESE CHANGES WILL BE INCORPORATED INTO NEW
VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY
MAKE IMPROVEMENTS AND/OR CHANGES TO THE P RODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED IN THE
SPECIFICATION AT ANY TIME. Any use of such
changes in the Specification will be governed by
the then-current license for the applicable
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LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
REVENUE, PROFITS OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQU ENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE
OF THE SPECIFICATION, EVEN IF SUN AND/OR ITS
LICE NSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
You will indemnify, hold harmless, and defend Sun
and its licensors from any claims arising or
resulting from: (i) your use of the Specification;
(ii) the use or distribution of your Java
application, applet and/or clean room
implementation; and/or (iii) any claims that later
versions or releases of any Specification
furnished to you are incompatible with the
Specification provided t o you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being
acquired by or on behalf of the U.S. Government or
by a U.S. Government prime contractor or
subcontractor (at any tier ), then the Government's
rights in the Software and accompanying
documentation shall be only as set forth in this
license; this is in accordance with 48 C.F.R.
227.7201 through 227.7202-4 (for Department of
Defense (DoD) acqu isitions) and with 48 C.F.R.
2.101 and 12.212 (for non-DoD acquisitions).
REPORT
You may wish to report any ambiguities,
inconsistencies or inaccuracies you may find in
connection with your use of the Specification
("Feedback"). To the extent that you provide Sun
with any Feedback, you hereby: (i) agree that such
Feedback is provided on a non-proprietary and
non-confidential basis, and (ii) grant Sun a
perpetual, non-exclusive, worldwide, fully
paid-up, irrevocable license, with the right to
sublicense through multiple levels of
sublicensees, to incorporate, disclose, and use
without limitation the Feedback for any purpose
related to the Specification and fut ure versions,
implementations, and test suites thereof.
(LFI#121049/Form ID#011801)
Permission to use, copy, modify, and distribute this Software and its
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You acknowledge that Software is not designed, licensed or intended for use in
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Please refer to the file http://www.sun.com/policies/trademarks/ for further
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Permission to use, copy, modify, and distribute this software and its
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SUN MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE SUITABILITY OF
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TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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Java Project X Technology Release 2 Source Software License Agreement
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"Software" means the "Java Project X Technology Release 2" experimental XML software in source form, any portions of the software code provided in binary form, and any user manuals, programming guides and other documentation provided to Licensee by Sun under this Agreement.
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Licensee grants to Sun a non-exclusive, unrestricted, perpetual, worldwide, royalty-free license to use any modifications, in source and binary code form, that Licensee makes to the Software that are the original work of Licensee "Modifications ". Licensee will deliver Modifications to Sun upon request. Licensee's grant to Sun includes the right to copy, modify, create derivative works from, sublicense and distribute Modifications. Licensee will defend and indemnity Sun from all claims of any nature for damages arising out of Sun's use or distribution of Modifications, and will pay all damages and costs awarded by a court of final appeal attributable to such claim.
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3. Confidentiality
(A) For purposes of this Agreement, "Confidential Information" means all technical information and any source code or binary code which Sun discloses to Licensee under this Agreement. Licensee may not disclose Confidential Information or use it except for the purposes specified in this Agreement. Licensee will protect the confidentiality of Confidential Information to the same degree of care, but no less than reasonable care, as Licensee uses to protect its own Confidential Information. Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for Sun source code which will be protected in perpetuity. Licensee agrees that the Software contains trade secrets of Sun.
(B) Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the obligations of Section 3.(A) above will not apply to any portion of Confidential Information that a Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information.
(C) Licensee must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation which incorporates the protections and restrictions substantially as set forth in this Agreement.
(D) It is understood and agreed that, notwithstanding any other provision of this Agreement, Licensee's breach of the provisions of Section 3 of this Agreement will cause Sun irreparable damage for which recovery of money damages would be inadequate, and that Sun will therefore be entitled to seek timely injunctive relief to protect Sun’s rights under this Agreement in addition to any and all remedies available at law.
4. TERM, Termination and survival
(A) The Agreement is effective until terminated.
(B) Either party may terminate this Agreement upon ten (10) days; written notice to the other party. However, Sun may terminate this Agreement immediately should any Software become, or in Sun’s opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.
(C) Sun may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of Sun's rights to the Confidential Information licensed to Licensee.
(D) Upon termination or expiration of this Agreement, Licensee will immediately cease use and destroy the Software and any copies thereof and provide Sun a written statement certifying that Licensee has complied with the foregoing obligations.
(E) Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.
5. DISCLAIMER OF Warranty
LICENSEE ACKNOWLEDGES THAT: (i) THE SOFTWARE IS NONCOMMERCIAL, EXPERIMENTAL SOFTWARE; (ii) THE SOFTWARE MAY CONTAIN ERRORS, DESIGN FLAWS OR OTHER PROBLEMS WHICH CANNOT OR WILL NOT BE CORRECTED BY SUN; (iii) THE SOFTWARE MAY NOT FUNCTION FULLY OR ADEQUATELY UPON INSTALLATION; (iv) IT MAY NOT BE POSSIBLE TO MAKE THE SOFTWARE FUNCTIONAL; (v) USE OF THE SOFTWARE MAY RESULT IN UNEXPECTED RESULTS, LOSS OF DATA OR OTHER UNPREDICTABLE DAMAGE OR LOSS TO LICENSEE; AND (vi) SUN IS UNDER NO OBLIGATION TO CONTINUE FURTHER DEVELOPMENT OF THE SOFTWARE OR RELEASE THE SOFTWARE AS A PRODUCT FROM SUN. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 6. MAINTENANCE AND SUPPORT
Sun has no obligation to provide maintenance, error corrections, updates or support for the Software under this Agreement.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SUN'S AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF IN TORT, EVEN IF SUN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
LICENSEE WILL HOLD SUN HARMLESS FROM ANY CLAIMS BASED ON LICENSEE’S USE OF THE SOFTWARE AND FROM ANY CLAIMS THAT LATER VERSIONS OR RELEASES OF ANY SOFTWARE FURNISHED TO LICENSEE ARE INCOMPATIBLE WITH THE SOFTWARE PROVIDED TO LICENSEE UNDER THIS AGREEMENT.
8. Government User
Software is provided solely under the terms and conditions of this Agreement. The FAR and/or DFAR or any other U.S. Government Agency provisions relating to Rights in Data, Computer Software and/or Technical Data do not apply, even though some of the terms of those provisions may be similar to provisions stated herein.
9. Export Law
Licensee acknowledges and agrees that this Software and/or technology is subject to the U.S. Export Administration Laws and Regulations. Diversion of such Software and/or technology contrary to U.S. law is prohibited. Licensee agrees that none of this Software and/or technology, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Sun, and Licensee must comply with the list as it exists in fact. Licensee certifies that it is not on the U.S. Department of Commerce’s Denied Persons List ! or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. Licensee agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or reexport as may be required.
Licensee is responsible for complying with any applicable local laws and regulations, including but not limited to, the export and import laws and regulations of other countries.
10. Governing Law, Jurisdiction and Venue
Any action related to this Agreement shall be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and choice of law rules of any jurisdiction shall not apply. The parties agree that any action shall be brought in the United States District Court for the Northern District of California or the California superior Court for the County of Santa Clara, as applicable, and the parties hereby submit exclusively to the personal jurisdiction and venue of the United States District Court for the Northern District of California and the California Superior Court of the county of Santa Clara.
11. NO ASSIGNMENT
Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sun may assign its right to payment and may assign this Agreement to an affiliated company.
12. OFFICIAL LANGUAGE The official text of this Agreement is in the English language and any interpretation or construction of this Agreement will be based thereon. In the event that this Agreement or any documents or notices related to it are translated into any other language, the English language version will control.
13. ENTIRE AGREEMENT
This Agreement is the parties entire agreement relating to the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties, and representations with respect to its subject matter, and following Licensee's acceptance of this license by clicking on the Accept Button, will prevail over any conflicting or additional terms of any subsequent quote, order, acknowledgment, or any other communications by or between the parties. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Permission to use, copy, modify, and distribute this software
and its documentation for NON-COMMERCIAL purposes and without
fee is hereby granted provided that this copyright notice
appears in all copies.
The Java source code is the confidential and proprietary information
of Sun Microsystems, Inc. ("Confidential Information"). You shall
not disclose such Confidential Information and shall use it only in
accordance with the terms of the license agreement you entered into
with Sun.
SUN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF
THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUN SHALL NOT BE LIABLE FOR
ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR
DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES.
SUN PROPRIETARY/CONFIDENTIAL. Use is subject to license terms.
Sun RPC is a product of Sun Microsystems, Inc. and is provided for
unrestricted use provided that this legend is included on all tape
media and as a part of the software program in whole or part. Users
may copy or modify Sun RPC without charge, but are not authorized
to license or distribute it to anyone else except as part of a product or
program developed by the user.
SUN RPC IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE
WARRANTIES OF DESIGN, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Sun RPC is provided with no support and without any obligation on the
part of Sun Microsystems, Inc. to assist in its use, correction,
modification or enhancement.
SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE
INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY SUN RPC
OR ANY PART THEREOF.
In no event will Sun Microsystems, Inc. be liable for any lost revenue
or profits or other special, indirect and consequential damages, even if
Sun has been advised of the possibility of such damages.
Sun Microsystems, Inc.
2550 Garcia Avenue
Mountain View, California 94043
Java(TM) Development Kit (JDK(TM)) ("Specification")
Version: 1.1.8
Status: FCS
Copyright 2002 Sun Microsystems, Inc.
4150 Network Circle, Santa Clara, California 95054, U.S.A
All rights reserved.
NOTICE; LIMITED LICENSE GRANTS
Sun Microsystems, Inc. ("Sun") hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under the Sun's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation, which shall be understood to include developing applications intended to run on an implementation of the Specification provided that such applications do not themselves implement any portion(s) of the Specification.
Sun also grants you a perpetual, non-exclusive, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or patent rights it may have in the Specification to create and/or distribute an Independent Implementation of the Specification that: (i) fully implements the Spec(s) including all its required interfaces and functionality; (ii) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and (iii) passes the TCK (including satisfying the requirements of the applicable TCK Users Guide) for such Specification. The foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose.
You need not include limitations (i)-(iii) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to implementations of the Specification (and products derived from them) that satisfy limitations (i)-(iii) from the previous paragraph, You may neither: (a) grant or otherwise pass through to your licensees any licenses under Sun's applicable intellectual property rights; nor (b) authorize your licensees to make any claims concerning their implementation's compliance with the Spec in question.
For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Sun's source code or binary code materials nor, except with an appropriate and separate license from Sun, includes any of Sun's source code or binary code materials; and "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any subsequent naming convention adopted by Sun through the Java Community Process, or any recognized successors or replacements thereof.
This Agreement will terminate immediately without notice from Sun if you fail to comply with any material provision of or act outside the scope of the licenses granted above.
TRADEMARKS
No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder. Sun, Sun Microsystems, the Sun logo, Java, J2SE, JDK, and the Java Coffee Cup logo are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
DISCLAIMER OF WARRANTIES
THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. This document does not represent any commitment to release or implement any portion of the Specification in any product.
THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, hold harmless, and defend Sun and its licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your Java application, applet and/or clean room implementation; and/or (iii) any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license.
RESTRICTED RIGHTS LEGEND
U.S. Government: If this Specification is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
REPORT
You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your use of the Specification ("Feedback"). To the extent that you provide Sun with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof.
Sun Industry Standards Source License 1.0
DEFINITIONS
1.1. "Commercial Use" means distribution or otherwise
making the Original Code available to a third party.
1.2. "Contributor Version" means the combination of the
Original Code, and the Modifications made by that particular
Contributor.
1.3. "Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for
the electronic transfer of data.
1.4. "Executable" means Original Code in any form other
than Source Code.
1.5. "Initial Developer" means the individual or entity
identified as the Initial Developer in the Source Code
notice required by 2 (Exhibit A)
1.6. "Larger Work" means a work which combines Original
Code or portions thereof with code not governed by the terms
of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.
1.9. "Modifications" means any addition to or deletion from
the substance or structure of either the Original Code or
any previous Modifications. A Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code
or previous Modifications. .
1.10. "Original Code" means Source Code of computer
software code which is described in the Source Code notice
required by Exhibit A as Original Code.
1.11. "Patent Claims" means any patent claims, now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.12. "Source Code" means the preferred form of the
Original Code for making modifications to it, including all
modules it contains, plus any associated interface
definition files, or scripts used to control compilation and
installation of an Executable.
1.13. "Standards" means the standard identified in Exhibit
B or a subsequent version of such standard.
1.14. "You" or "Your" means an individual or a legal entity
exercising rights under, and complying with all of the terms
of, this License or a future version of this License issued
under Section 6.1. For legal entities, "You" includes any
entity which controls, is controlled by, or is under common
control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause
the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty
percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2.0 SOURCE CODE LICENSE
2.1 The Initial Developer Grant: The Initial Developer
hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property
claims:
a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use,
reproduce, modify, display, perform, sub license and
distribute the Original Code (or portions thereof )with or
without Modifications, and/or as part of a Larger Work; and
b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
c) the licenses granted in this Section 2.1(a ) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
d) Notwithstanding Section 2.1(b )above, no patent license
is granted: 1) for code that You delete from the Original
Code; 2) separate from the Original Code; or 3) for
infringements caused by: i) the modification of the
Original Code or
ii) the combination of the Original Code with other software
or devices, including but not limited to Modifications.
3.0 DISTRIBUTION OBLIGATIONS
3.1 Application of License. The Source Code version of
Original Code may be distributed only under the terms of
this License or a future version of this License released
under Section 6.1, and You must include a copy of this
License with every copy of the Source Code You distribute.
You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of
this License or the recipient's rights hereunder. Your
license for shipment of the Contributor Version is
conditioned upon your full compliance with this Section.
The Modifications which you create must comply with all
requirements set out by the Standards body in effect 120
days before You ship the Contributor Version. In the event
that the Modifications do not meet such requirements, You
agree to publish (i) any deviation from the Standards
protocol resulting from implementation of your Modifications
and (ii) a reference implementation of Your Modifications,
and to make any such deviation and reference implementation
available to all third parties under the same terms as the
license on a royalty free basis within thirty (30) days of
Your first customer shipment of Your Modifications.
3.2 Required Notices. You must duplicate the notice in
Exhibit A in each file of the Source Code. If it is not
possible to put such notice in a particular Source Code file
due to its structure, then You must include such notice in a
location (such as a relevant directory ) where a user would
be likely to look for such a notice. If You created one or
more Modifications ) You may add your name as a Contributor
to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source
Code where You describe recipients' rights or ownership
rights relating to Initial Code. You may choose to offer,
and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Your
version of the Code. However, You may do so only
on Your own behalf, and not on behalf of the Initial
Developer. You must make it absolutely clear than any such
warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the
Initial Developer for any liability incurred by the Initial
Developer as a result of warranty, support, indemnity or
liability terms You offer.
3.3 Distribution of Executable Versions. You may distribute
Original Code in Executable and Source form only if the
requirements of Section 3.1 and 3.2 have been met for that
Original Code, and if You include a notice stating that the
Source Code version of the Original Code is available under
the terms of this License. The notice must be conspicuously
included in any notice in an Executable or Source versions,
related documentation or collateral in which You describe
recipients' rights relating to the Original Code. You may
distribute the Executable and Source versions of Your
version of the Code or ownership rights under a license of
Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms
of this License. If You distribute the Executable and
Source versions under a different license You must make it
absolutely clear that any terms which differ from this
License are offered by You alone, not by the Initial
Developer . You hereby agree to indemnify the Initial
Developer for any liability incurred by the Initial
Developer as a result of any such terms You offer .
3.4 Larger Works. You may create a Larger Work by combining
Original Code with other code not governed by the terms of
this License and distribute the Larger Work as a single
product. In such a case, You must make sure the
requirements of this License are fulfilled for the Original
Code.
4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
If it is impossible for You to comply with any of the terms
of this License with respect to some or all of the Original
Code due to statute, judicial order, or regulation then You
must:
a) comply with the terms of this License to the maximum
extent possible; and
b) describe the limitations and the code they affect. Such
description must be included in the LEGAL file described in
Section 3.2 and must be included with all distributions of
the Source Code. Except to the extent prohibited by statute
or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to
understand it.
5.0 APPLICATION OF THIS LICENSE This License applies to code
to which the Initial Developer has attached the notice in
Exhibit A and to related Modifications as set out in Section
3.1.
6.0 VERSIONS OF THE LICENSE
6.1 New Versions. Sun Microsystems, Inc. Sun may publish
revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version
number .
6.2 Effect of New Versions. Once Original Code has been
published under a particular version of the License, You may
always continue to use it under the terms of that version.
You may also choose to use such Original Code under the
terms of any subsequent version of the License published by
Sun. No one other than Sun has the right to modify the
terms applicable to Original Code.
7. DISCLAIMER OF W ARRANTY. ORIGINAL CODE IS PROVIDED
UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE ORIGINAL CODE IS WITH YOU. SHOULD ANY
ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER )ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
8.0 TERMINATION
8.1 This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. All sublicenses to the
Original Code which are properly granted shall survive any
termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this
License shall survive.
8.2 .In the event of termination under Section 8.1 above,
all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any
distributor hereunder prior to termination shall survive
termination.
9.0 LIMIT OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE) ,CONTRACT,
OR OTHER WISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
10.0 U .S. GOVERNMENT END USERS U.S. Government: If this
Software is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in
the Software and accompanying documentation shall be only as
set forth in this license; this is in accordance with 48 C.F
.R. 227.7201 through 227.7202-4 (for Department of Defense
(DoD) acquisitions )and with 48 C.F.R.2.101 and 12.212( for
non-DoD acquisitions).
11.0 MISCELLANEOUS This License represents the complete
agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to
make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable
law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity
chartered or registered to do business in the United States
of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the
Northern District of California, with venue lying in Santa
Clara County, California, with the losing party responsible
for costs, including without limitation, court costs and
reasonable attorneys fees and expenses. The application of
the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law
or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to
this License.
EXHIBIT A - Sun Standards
"The contents of this file are subject to the Sun Standards
License Version 1.0 the (the "License";) You may not use
this file except in compliance with the License. You may
obtain a copy of the License at
.
Software distributed under the License is distributed on
an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
express or implied. See the License for the specific
language governing rights and limitations under the License.
The Original Code is Copyright 1998 by Sun Microsystems, Inc
The Initial Developer of the Original Code is: Sun
Microsystems, Inc.
Portions created by are
Copyright .
All Rights Reserved.
Contributors: .
EXHIBIT B - Sun Standards
The Standard is defined as the following IETF RFCs:
RFC1831: RPC: Remote Procedure Call Protocol Specification
Version 2 RFC1832: XDR: External Data REpresentation
Standard RFC1833: Binding Protocols for ONC RPC Version 2
RFC2078: Generic Security Service Application Program
Interface, Version 2 RFC2203: RPCSEC_GSS Protocol
Specification RFC2695: Authentication Mechanisms for ONC RPC
Sun Industry Standards Source License - Version 1.1
1.0 DEFINITIONS
1.1 "Commercial Use" means distribution or otherwise making the
Original Code available to a third party.
1.2 "Contributor Version" means the combination of the Original Code,
and the Modifications made by that particular Contributor.
1.3 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.4 "Executable" means Original Code in any form other than Source
Code.
1.5 "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.6 "Larger Work" means a work which combines Original Code or
portions thereof with code not governed by the terms of this License.
1.7 "License" means this document.
1.8 "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. A Modification is:
A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10 "Original Code" means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original Code.
1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by grantor.
1.12 "Source Code" means the preferred form of the Original Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, or scripts used to control
compilation and installation of an Executable.
1.13 "Standards" means the standards identified in Exhibit B.
1.14 "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1.
For legal entities, "You'' includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control'' means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such
entity.
2.0 SOURCE CODE LICENSE
2.1 The Initial Developer Grant
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling
of Original Code, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Code (or
portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes Original
Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices,
including but not limited to Modifications.
3.0 DISTRIBUTION OBLIGATIONS
3.1 Application of License.
The Source Code version of Original Code may be distributed only under
the terms of this License or a future version of this License released
under Section 6.1, and You must include a copy of this License with
every copy of the Source Code You distribute. You may not offer or
impose any terms on any Source Code version that alters or restricts
the applicable version of this License or the recipients' rights
hereunder. Your license for shipment of the Contributor Version is
conditioned upon Your full compliance with this Section. The
Modifications which You create must comply with all requirements set
out by the Standards body in effect one hundred twenty (120) days
before You ship the Contributor Version. In the event that the
Modifications do not meet such requirements, You agree to publish
either (i) any deviation from the Standards protocol resulting from
implementation of Your Modifications and a reference implementation of
Your Modifications or (ii) Your Modifications in Source Code form, and
to make any such deviation and reference implementation or
Modifications available to all third parties under the same terms as
this license on a royalty free basis within thirty (30) days of Your
first customer shipment of Your Modifications.
3.2 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add Your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Initial Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Your version of the Code.
However, You may do so only on Your own behalf, and not on behalf of
the Initial Developer. You must make it absolutely clear than any such
warranty, support, indemnity or liability obligation is offered by You
alone, and You hereby agree to indemnify the Initial Developer for any
liability incurred by the Initial Developer as a result of warranty,
support, indemnity or liability terms You offer.
3.3 Distribution of Executable Versions.
You may distribute Original Code in Executable and Source form only if
the requirements of Sections 3.1 and 3.2 have been met for that
Original Code, and if You include a notice stating that the Source
Code version of the Original Code is available under the terms of this
License. The notice must be conspicuously included in any notice in an
Executable or Source versions, related documentation or collateral in
which You describe recipients' rights relating to the Original Code.
You may distribute the Executable and Source versions of Your version
of the Code or ownership rights under a license of Your choice, which
may contain terms different from this License, provided that You are
in compliance with the terms of this License. If You distribute the
Executable and Source versions under a different license You must make
it absolutely clear that any terms which differ from this License are
offered by You alone, not by the Initial Developer. You hereby agree
to indemnify the Initial Developer for any liability incurred by the
Initial Developer as a result of any such terms You offer.
3.4 Larger Works.
You may create a Larger Work by combining Original Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure
the requirements of this License are fulfilled for the Original Code.
4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Original Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.2 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5.0 APPLICATION OF THIS LICENSE
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Modifications as set
out in Section 3.1.
6.0 VERSIONS OF THE LICENSE
6.1 New Versions.
Sun may publish revised and/or new versions of the License from time
to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Original Code has been published under a particular version of
the License, You may always continue to use it under the terms of that
version. You may also choose to use such Original Code under the terms
of any subsequent version of the License published by Sun. No one
other than Sun has the right to modify the terms applicable to
Original Code.
7.0 DISCLAIMER OF WARRANTY
ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.0 TERMINATION
8.1 This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Original Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2 In the event of termination under Section 8.1 above, all end user
license agreements (excluding distributors and resellers) which have
been validly granted by You or any distributor hereunder prior to
termination shall survive termination.
9.0 LIMIT OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10.0 U.S. GOVERNMENT END USERS
U.S. Government: If this Software is being acquired by or on behalf of
the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the
Software and accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 C.F.R. 227.7201 through
227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
11.0 MISCELLANEOUS
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of,
or an entity chartered or registered to do business in the United
States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County,
California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
EXHIBIT A - Sun Standards License
"The contents of this file are subject to the Sun Standards
License Version 1.1 (the "License");
You may not use this file except in compliance with the
License. You may obtain a copy of the
License at .
Software distributed under the License is distributed on
an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
express or implied. See the License for the specific
language governing rights and limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is:
Sun Microsystems, Inc..
Portions created by:
are Copyright (C):
All Rights Reserved.
Contributor(s):
EXHIBIT B - Standards
The Standard is defined as the following:
OpenOffice.org XML File Format Specification, located at
http://xml.openoffice.org
OpenOffice.org Application Programming Interface Specification,
located at
http://api.openoffice.org
We welcome your feedback.
CollabNet, Inc. CollabNet is a trademark of CollabNet, Inc.
Sun, Sun Microsystems, the Sun Logo, Solaris, Java, StarOffice,
StarOffice 6.0 and StarSuite 6.0 are trademarks or registered
trademarks of Sun Microsystems, Inc., in the United States and other countries.
SUN INDUSTRY STANDARDS SOURCE LICENSE
Version 1.2
1.0 DEFINITIONS
1.1 Commercial Use means distribution or otherwise making the Original Code available to a third party.
1.2 Contributor Version means the combination of the Original Code, and the Modifications made by that particular Contributor.
1.3 Electronic Distribution Mechanism means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.4 Executable means Original Code in any form other than Source Code.
1.5 Initial Developer means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.6 Larger Work means a work which combines Original Code or portions thereof with code not governed by the terms of this License.
1.7 License means this document.
1.8 Licensable means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9 Modifications means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. A Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10 Original Code means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code.
1.11 Patent Claims means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12 Source Code means the preferred form of the Original Code for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable.
1.13 Standards means the standards identified in Exhibit B.
1.14 You (or Your) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2.0 SOURCE CODE LICENSE
2.1 The Initial Developer Grant The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a)under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices, including but not limited to Modifications.
3.0 DISTRIBUTION OBLIGATIONS
3.1 Application of License.
The Source Code version of Original Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients rights hereunder. Your license for shipment of the Contributor Version is conditioned upon Your full compliance with this Section. The Modifications which You create must comply with all requirements set out by the Standards body in effect one hundred twenty (120) days before You ship the Contributor Version. In the event that the Modifications do not meet such requirements, You agree to publish either (i) any deviation from the Standards protocol resulting from implementation of Your Modifications and a reference implementation of Your Modifications or (ii) Your Modifications in Source Code form, and to make any such deviation and reference implementation or Modifications available to all third parties under the same terms a this license on a royalty free basis within thirty (30) days of Your first customer shipment of Your Modifications. Additionally, in the event that the Modifications you create do not meet the requirements set out in this Section, You agree to comply with the Standards requirements set out in Exhibit B.
3.2 Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add Your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients rights or ownership rights relating to Initial Code.
You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Your version of the Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of warranty, support, indemnity or liability terms You offer.
3.3 Distribution of Executable Versions. You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License. If You distribute the Executable and Source versions under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer.
3.4 Larger Works. You may create a Larger Work by combining Original Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Original Code.
4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Original Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.2 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5.0 APPLICATION OF THIS LICENSE
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1.
6.0 VERSIONS OF THE LICENSE
6.1 New Versions. Sun may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions. Once Original Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Original Code.
7.0 DISCLAIMER OF WARRANTY
ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.0 TERMINATION
8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Original Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 8.2 In the event of termination under Section 8.1 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
EXHIBIT A - Sun Industry Standards Source License
"The contents of this file are subject to the Sun Industry
Standards Source License Version 1.2 (the License); You
may not use this file except in compliance with the License."
"You may obtain a copy of the License at
gridengine.sunsource.net/license.html"
"Software distributed under the License is distributed on an
AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the License for the specific language governing
rights and limitations under the License."
"The Original Code is Grid Engine."
"The Initial Developer of the Original Code is:
Sun Microsystems, Inc."
"Portions created by: Sun Microsystems, Inc. are
Copyright (C) 2001 Sun Microsystems, Inc."
"All Rights Reserved."
"Contributor(s): "
EXHIBIT B - Standards
1.0 Requirements for project Standards. The requirements for project Standards are version-dependent and are defined at: Grid Engine standards.
2.0 Additional requirements. The additional requirements pursuant to Section 3.1 are defined as:
2.1 Naming Conventions. If any of your Modifications do not meet the requirements of the Standard, then you must change the product name so that Grid Engine, gridengine, gridengine.sunsource, and similar naming conventions are not used.
2.2 Compliance Claims. If any of your Modifications do not meet the requirements of the Standards you may not claim, directly or indirectly, that your implementation of the Standards is compliant.
Standard License Header
The contents of this file are subject to the Sun Industry
Standards Source License Version 1.2 (the License); You
may not use this file except in compliance with the License.
You may obtain a copy of the License at
gridengine.sunsource.net/license.html
Software distributed under the License is distributed on an
AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the License for the specific language governing
rights and limitations under the License.
The Original Code is Grid Engine.
The Initial Developer of the Original Code is:
Sun Microsystems, Inc.
Portions created by: Sun Microsystems, Inc. are
Copyright (C) 2001 Sun Microsystems, Inc.
All Rights Reserved.
"Contributor(s): "
This source code is a product of Sun Microsystems, Inc. and is provided for
unrestricted use. Users may copy or modify this source code without
charge.
SUN SOURCE CODE IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE
WARRANTIES OF DESIGN, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Sun source code is provided with no support and without any obligation on the
part of Sun Microsystems, Inc. to assist in its use, correction,
modification or enhancement.
SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE
INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY THIS SOFTWARE
OR ANY PART THEREOF.
In no event will Sun Microsystems, Inc. be liable for any lost revenue
or profits or other special, indirect and consequential damages, even if
Sun has been advised of the possibility of such damages.
Sun Microsystems, Inc.
2550 Garcia Avenue
Mountain View, California 94043
Sun Solaris Source Code (Foundation Release) License 1.1
READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING.
BY ACCEPTING THIS LICENSE, YOU ARE ACCEPTING AND AGREEING TO ABIDE BY
THE TERMS AND CONDITIONS OF THIS LICENSE.
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU
REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO THE
LICENSE.
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A COMPANY,
YOU MUST BE OF MAJORITY AGE AND OTHERWISE COMPETENT TO ENTER INTO
CONTRACTS.
SUN SOLARIS TM SOURCE CODE (FOUNDATION RELEASE) LICENSE
Version 1.1
I. DEFINITIONS
"Licensee Code" means Reference Code, Contributed Code, and
any combination thereof.
"Licensee" means You, Original Contributor and any other party
that has entered into and has in effect a version of this License for
the Technology with Original Contributor.
"Contributed Code" means Shared Modifications and any other
code other than Reference Code made available on the Technology
Site by a Licensee.
"Contributor" means any Licensee who makes available
Contributed Code.
"Covered Code" means any and all code (including Modifications)
implementing all or any portion of the Technology Specifications or
Contributed Code Specifications.
"Interfaces" means classes or other programming code or
specifications designed for use with the Technology comprising a
means or link for invoking functionality, operations or protocols
and which are additional to or extend the interfaces designated in
the Technology Specifications.
"Modifications" means any (i) change or addition to Covered
Code, or (ii) new source or object code implementing any portion
of the Technology Specifications, but (iii) excluding any
incorporated Reference Code.
"Original Contributor" means Sun Microsystems, Inc., its
affiliates, successors and assigns.
"Reference Code" means source code for the Technology
designated by Original Contributor at the Technology Site from
time to time.
"Research Use" means research, reference, evaluation,
development, educational or personal use, excluding use or
distribution for direct or indirect commercial (including strategic)
gain or advantage.
"Shared Modifications" means those Modifications which
Licensee elects to share with other Licensees.
"Technology Specifications" means the documentation for the
Technology designated by Original Contributor at the Technology
Site, from time to time.
"Technology" means the technology described in and
contemplated by the Technology Specifications.
"Technology Site" means the website designated by Original
Contributor for accessing Licensee Code and Technology
Specifications.
"You" means the individual executing this license or the legal
entity or entities represented by the individual executing this
license. "Your" is the possessive of "You".
II. PURPOSE
Original Contributor is licensing the Reference Code and Technology Specifications under and
subject to this Sun Solaris Source Code (Foundation Release) License (the License) to promote
research, education, innovation and prototyping using the Technology.
INTERNAL DEPLOYMENT, COMMERCIAL USE AND DISTRIBUTION OF
TECHNOLOGY AND/OR REFERENCE CODE IN SOURCE CODE OR OBJECT CODE
FORM IS NOT PERMITTED UNDER THIS AGREEMENT.
III. RESEARCH USE RIGHTS
A. From Original Contributor. Subject to and conditioned upon your full compliance with
the terms and conditions of this License including Section IV (Restrictions and Licensee
Responsibilities) and Section V.E.7 (International Use), Original Contributor:
1. Grants to You a non-exclusive, worldwide and royalty-free license to the extent of
Original Contributor's copyrights and trade secret rights in and covering the Reference
Code and Technology Specifications to do the following for Your Research Use only:
a. Reproduce and prepare derivative works of the Reference Code, in whole or in part,
alone or as part of Covered Code; and
b. Reproduce and prepare derivative works of the Technology Specifications.
2. will not, during the term of Your License, bring against You any claim alleging that
Your using, making, having made, importing or distributing Licensee Code for Your
Research Use, insofar as permitted under Section III.A.1 of this License, necessarily
infringes any patent now owned or hereafter acquired by Original Contributor whose
claims cover subject matter contained in or embodied by the Reference Code or which
would necessarily be infringed by the use or distribution of any and all
implementations of the Technology Specifications.
3. grants to You a non-exclusive, worldwide and royalty-free license, to the extent of its
intellectual property rights therein, to use (i) Original Contributor's class, interface and
package names only insofar as necessary to accurately reference or invoke Your
Modifications for Research Use, and (ii) any associated software tools, documents and
information provided by Original Contributor at the Technology Site for use in
exercising the above license rights.
B. Contributed Code. Subject to and conditioned upon compliance with the terms and
conditions of this License, including Sections IV (Restrictions and Licensee
Responsibilities) and V.E.7 (International Use), each Contributor:
1. grants to each Licensee a non-exclusive, worldwide and royalty-free license to the
extent of such Contributor's copyrights and trade secret rights in and covering its
Contributed Code, to reproduce, prepare derivative works of, and distribute
Contributed Code, in whole or in part, in source code and object code form, to the
same extent as permitted under such Licensee's License with Original Contributor
(including all supplements thereto).
2. will not, during the term of the Licensee's License, bring against any Licensee any
claim alleging that using, making, having made, importing or distributing Contributed
Code as permitted under this License necessarily infringes any patent now owned or
hereafter acquired by such Contributor whose claims would necessarily be infringed
by the use or distribution of the Contributed Code. This covenant applies to the
combination of the Contributed Code and the Reference Code if, at the time the
Contributed Code is added to Reference Code, such addition of Contributed Code
causes such combination to be covered by said patents. This covenant shall not apply
to any other combinations which include the Contributed Code.
C. Modifications. You covenant that You will not bring against Original Contributor and/or
Solaris licensees any claim alleging that any patent now owned or hereafter acquired by
You is infringed by Original Contributor and/or Solaris licensees where such patent is
related to Modifications to the Reference Code or based on Reference Code. Any
permitted transfer of this Agreement, your Modifications, or such patent must be subject
to this covenant.
D. No Implied Licenses. Neither party is granted any right or license other than the licenses
and covenants expressly set out herein. Other than the licenses and covenants expressly
set out herein, Original Contributor retains all right, title and interest in Reference Code
and Technology Specifications and You retain all right, title and interest in Your
Modifications and associated specifications. Except as expressly permitted herein, You
Sun Solaris Source Code (FR) License 5 December 4, 2000
may not otherwise use any package, class or interface naming conventions that appear to
originate from Original Contributor.
IV. RESTRICTIONS AND RESPONSIBILITIES.
As a condition to Your license and other rights and immunities, You must comply with the
restrictions and responsibilities set forth below.
A. Source Code Availability. You may provide Contributed Code to Original Contributor at
any time, in Your discretion. Original Contributor will post Your Contributed Code and
Contributed Code Specifications on the Technology Site.
B. Notices. You must reproduce without alteration copyright and other proprietary notices
in any Covered Code that You create. The statement "Use and Distribution is subject to
the Sun Solaris Source Code (Foundation Release) License available at
"http://www.sun.com/solaris/source" must appear prominently in Your Modifications
and, in all cases, in the same file as all Your copyright and other proprietary notices.
C. Modifications. You must include a "diff" file with Your Contributed Code that identifies
and details the changes or additions You made, the version of Reference Code or
Contributed Code You used and the date of such changes or additions. In addition, you
must provide any Contributed Code Specifications for Your Contributed Code. Your
Modifications are Covered Code and You expressly agree that use and distribution, in
whole or in part, of Your Modifications shall only be done in accordance with and
subject to this License.
D. Extensions.
1. You may create and add "Interfaces" but, unless expressly permitted at the Technology
Site, You may not incorporate any Reference Code in Your Interfaces. If You choose to
disclose or permit disclosure of Your Interfaces to even a single third party for the
purposes of enabling such third party to independently develop and distribute (directly
or indirectly) technology which invokes such Interfaces, You must then make the
Interfaces open by (i) promptly following completion thereof, publishing to the
industry, on a non-confidential basis and free of all copyright restrictions, a reasonably
detailed, current and accurate specification for the Interfaces, and (ii) as soon as
reasonably possible, but in no event more than thirty (30) days following publication
of Your specification, making available on reasonable terms and without
discrimination, a reasonably complete and practicable test suite and methodology
adequate to create and test implementations of the Interfaces by a reasonably skilled
technologist.
2. You shall not assert any intellectual property rights You may have covering Your
Interfaces which would necessarily be infringed by the creation, use or distribution of
all reasonable independent implementations of your specification of such Interfaces by
Sun Solaris Source Code (FR) License 6 December 4, 2000
a Licensee or Original Contributor. Nothing herein is intended to prevent You from
enforcing any of Your intellectual property rights covering Your specific
implementation of Your Interfaces or functionality using such Interfaces other than as
specifically set forth in this Section D.2.
E. Confidential Information. You agree to treat the Reference Code as confidential
information of the Original Contributor. Reference Code will not be provided by You to
any third party. You will establish appropriate procedures to prevent the disclosure of
such Reference Code.
F. Sharing of Covered Code. You may not share Covered Code with any non-Licensee
under any circumstances. You may only share Covered Code with other Licensees on
the Technology Site, consistent with any rules or guidelines set forth in this Agreement
and the Technology Site.
V. GOVERNANCE
A. LICENSE VERSIONS.
Only Original Contributor may promulgate new versions of this License. Once You have
accepted Reference Code, Technology Specifications, Contributed Code and/or
Contributed Code Specifications under a version of this License, You may always
continue to use such version of Reference Code, Technology Specifications, Contributed
Code and/or Contributed Code Specifications under that version of the License. New code
and specifications which You may subsequently choose to accept will be subject to any
new License in effect at the time of Your acceptance of such code and specifications.
B. DISCLAIMER OF WARRANTIES.
1. AS IS. COVERED CODE AND ALL SPECIFICATIONS ARE PROVIDED "AS IS",
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT ANY COVERED
CODE OR SPECIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY
RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION
WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE
OR SPECIFICATIONS UNDER THIS LICENSE. NO USE OF ANY COVERED
CODE OR SPECIFICATIONS IS AUTHORIZED EXCEPT SUBJECT TO AND IN
CONSIDERATION FOR THIS DISCLAIMER.
2. You understand that, although each Licensee grants the licenses set forth in the License,
no assurances are provided by any Licensee that Covered Code or any specifications do
not infringe the intellectual property rights of any third party.
Sun Solaris Source Code (FR) License 7 December 4, 2000
3. Hazardous Applications. You acknowledge that Reference Code and Technology
Specifications are neither designed nor intended for use in the design, construction,
operation or maintenance of any nuclear facility.
C. LIMITATION ON LIABILITY.
1. Infringement. Each Licensee disclaims any liability to all other Licensee for claims
brought by any third party based on infringement of intellectual property rights. Original
Contributor represents that, to its knowledge, it has sufficient copyrights to allow You to
use and distribute the Reference Code as herein permitted and You represent that, to
Your knowledge, You have sufficient copyrights to allow each Licensee and Original
Contributor to use and distribute Your Shared Modifications and Error Corrections as
contemplated herein. You agree to notify Original Contributor should You become
aware of any potential or actual infringement of the Technology or any of Original
Contributor's intellectual property rights in the Technology, Reference Code or
Technology Specifications.
2. Suspension. If any portion of, or functionality implemented by, the Reference Code,
Technology or Technology Specifications becomes the subject of a claim or threatened
claim of infringement ("Affected Materials"), Original Contributor may, in its
unrestricted discretion, suspend Your rights to use and distribute the Affected Materials
under this License. Such suspension of rights will be effective immediately upon
Original Contributor's posting of notice of suspension on the Technology Site. Original
Contributor has no obligation to lift the suspension of rights relative to the Affected
Materials until a final, non-appealable determination is made by a court or governmental
agency of competent jurisdiction that Original Contributor is legally able, without the
payment of a fee or royalty, to reinstate Your rights to the Affected Materials to the full
extent contemplated hereunder. Upon such determination, Original Contributor will lift
the suspension by posting a notice to such effect on the Technology Site. Nothing herein
shall be construed to prevent You, at Your option and expense, and subject to applicable
law and the restrictions and responsibilities set forth in this License and any
Supplements, from replacing Reference Code in Affected Materials with non-infringing
code or independently negotiating, without compromising or prejudicing Original
Contributor's position, to obtain the rights necessary to use Affected Materials as herein
permitted.
3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS
RELATING TO THIS LICENSE OR ANY SUPPLEMENT HERETO, WHETHER
FOR BREACH OR TORT, IS LIMITED TO THE GREATER OF ONE THOUSAND
DOLLARS (US $1000.00) OR THE FULL AMOUNT PAID BY YOU FOR THE
MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO EVENT WILL
ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC ADVANTAGE OF
Sun Solaris Source Code (FR) License 8 December 4, 2000
ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY
WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE
ESSENTIAL PURPOSE OF ANY REMEDY.
D. TERMINATION.
You may terminate this License at any time by notifying Original Contributor in writing.
All Your rights will terminate under this License if You fail to comply with any of the
material terms or conditions of this License and do not cure such failure in a reasonable
period of time after becoming aware of such noncompliance.
If You institute patent litigation against a Licensee with respect to a patent applicable to
Licensee Code, then any patent licenses granted by such Licensee to You under this
License shall terminate as of the date such litigation is filed. In addition, if You institute
patent litigation against any Licensee or Original Contributor alleging that Reference
Code, Technology or Technology Specifications infringe Your patent(s), then the rights
granted to You under Section III.A above will terminate.
Upon termination, You must discontinue all uses and distribution of Licensee Code,
except that You may continue to use, reproduce, prepare derivative works of Your
Modifications (without the benefit of any license arising from this License) for purposes
other than to implement functionality designated in any portion of the Technology
Specifications. Properly granted sublicenses to third parties will survive termination.
Provisions which, by their nature, should remain in effect following termination survive.
E. MISCELLANEOUS.
1. Trademark. You agree to comply with Original Contributor's Trademark & Logo Usage
Requirements, as modified from time to time, available at the Technology Site. Except
as expressly provided in this License, You are granted no rights in or to any "Sun",
"Solaris", "Jini", "Jiro" or "Java" trademarks now or hereafter used or licensed by
Original Contributor (the "Sun Trademarks"). You agree not to (i) challenge Original
Contributor's ownership or use of Sun Trademarks; (ii) attempt to register any Sun
Trademarks, or any mark or logo substantially similar thereto; or (iii) incorporate any
Sun Trademarks into you own trademarks, product names, service marks, company
names or domain names.
2. Integration and Assignment. Original Contributor may assign this Research Use License
to another by written notification to the other party. This License represents the complete
agreement of the parties concerning the subject matter hereof.
3. Severability. If any provision of this License is held unenforceable, such provision shall
be reformed to the extent necessary to make it enforceable unless to do so would defeat
the intent of the parties.
4. Governing Law. This License is governed by the laws of the United States and the State
of California, as applied to contracts entered into and performed in California between
Sun Solaris Source Code (FR) License 9 December 4, 2000
California residents. The United Nations Convention on Contracts for the International
Sale of Goods shall not apply. Nor shall any law or regulation which provides that a
contract be construed against the drafter.
5. Dispute Resolution.
a. Any dispute arising out of or relating to this License shall be finally settled by
arbitration as set forth in this Section, except that either party may bring an action in a
court of competent jurisdiction (which jurisdiction shall be exclusive), relative to any
dispute relating to such party's intellectual property rights. Arbitration will be
administered (i) by the American Arbitration Association (AAA), (ii) in accordance
with the rules of the United Nations Commission on International Trade Law
(UNCITRAL) (the "Rules") in effect at the time of arbitration, modified as set forth
herein, and (iii) the arbitrator will apply the governing laws required under Section E.4
above. Judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction to enforce such award. The arbitrator may not award damages
in excess of or of a different type than those permitted by this License and any such
award is void.
b. All proceedings will be in English and conducted by a single arbitrator selected in
accordance with the Rules who is fluent in English, familiar with technology matters
pertinent in the dispute and either a retired judge or practicing attorney having at least
ten (10) years litigation experience. Venue for arbitration will be in San Francisco,
California, unless the parties agree otherwise. Each party will be required to produce
documents relied upon in the arbitration and to respond to no more than twenty-five
single question interrogatories. All awards are payable in US dollars and may include
for the prevailing party (i) pre-judgment interest, (ii) reasonable attorney's fees
incurred in connection with the arbitration, and (iii) reasonable costs and expenses
incurred in enforcing the award.
6. U.S. Government: If this Software is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at any tier),
then the Government's rights in this Software and accompanying documentation shall be
only as set forth in this license; this is in accordance with 48 CFR 227.7201 through
227.7202-4 (for Department of Defense acquisitions) and with 48 CFR 2.101 and
12.212 (for non-DoD acquisitions).
7. International Use.
a. Covered Code is subject to US export control laws and may be subject to export or
import regulations in other countries. Each party shall comply fully with all such laws
and regulations and acknowledges its responsibility to obtain such licenses to export,
re-export or import as may be required. You must pass through these obligations to all
Your licensees.
Sun Solaris Source Code (FR) License 10 December 4, 2000
b. You may not distribute Reference Code or Technology Specifications into countries
other than those listed on the Technology Site by Original Contributor, from time to
time.
ACCEPTED AND AGREED:
Signature:
Printed Name
and Title:
Company:
Date:
SDLC Personal ID:
Email Address:
Phone Number:
Sun Solaris Source Code (FR) License 11 December 4, 2000
ATTACHMENT A-1
STUDENT ACKNOWLDGEMENT
You acknowledge that this software and related documentation has been obtained by your
educational institution subject to the Sun Solaris Source Code (Foundation Release) License (the
License). You have been provided with access to the software and documentation for use only in
connection with your course work as a matriculated student of your educational institution.
Commercial use of the software and documentation is expressly prohibited.
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY
MATERIALS OF SUN MICROSYSTEMS, INC. PROTECTED BY VARIOUS
INTELLECTUAL PROPERTY RIGHTS. YOUR USE OF THE SOFTWARE AND
DOCUMENTATION IS LIMITED. YOU ACKNOWLEDGE THAT THE SOFTWARE AND
RELATED DOCUMENTATION SHALL BE TREATED AS CONFIDENTIAL
INFORMATION.
- - - - - - - - -Signature:
Printed Name:
Date:
SDLC Personal ID:
Email Address:
Phone Number:
Developed at SunPro, a Sun Microsystems, Inc. business.
Permission to use, copy, modify, and distribute this
software is freely granted, provided that this notice
is preserved.
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without restrict-
ion, including without limitation the rights to use, copy, modify,
merge, publish distribute, sublicense, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished
to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. IN NO EVENT SHALL SUNSOFT, INC. OR ITS PARENT
COMPANY BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of SunSoft, Inc.
shall not be used in advertising or otherwise to promote the
sale, use or other dealings in this Software without written
authorization from SunSoft Inc.
Supervisor License
https://github.com/Supervisor/supervisor/blob/master/LICENSES.txt
Supervisor is licensed under the following license:
A copyright notice accompanies this license document that identifies
the copyright holders.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistributions in source code must retain the accompanying
copyright notice, this list of conditions, and the following
disclaimer.
2. Redistributions in binary form must reproduce the accompanying
copyright notice, this list of conditions, and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. Names of the copyright holders must not be used to endorse or
promote products derived from this software without prior
written permission from the copyright holders.
4. If any files are modified, you must cause the modified files to
carry prominent notices stating that you changed the files and
the date of any change.
Disclaimer
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
http_client.py code is based on code by Daniel Krech, which was
released under this license:
LICENSE AGREEMENT FOR RDFLIB 0.9.0 THROUGH 2.3.1
------------------------------------------------
Copyright (c) 2002-2005, Daniel Krech, http://eikeon.com/
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of Daniel Krech nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Medusa, the asynchronous communications framework upon which
supervisor's server and client code is based, was created by Sam
Rushing:
Medusa was once distributed under a 'free for non-commercial use'
license, but in May of 2000 Sam Rushing changed the license to be
identical to the standard Python license at the time. The standard
Python license has always applied to the core components of Medusa,
this change just frees up the rest of the system, including the http
server, ftp server, utilities, etc. Medusa is therefore under the
following license:
==============================
Permission to use, copy, modify, and distribute this software and
its documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in
supporting documentation, and that the name of Sam Rushing not be
used in advertising or publicity pertaining to distribution of the
software without specific, written prior permission.
SAM RUSHING DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN
NO EVENT SHALL SAM RUSHING BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
==============================
Some software in this distribution is released under the Zope Public
License (as marked in its file header):
Zope Public License (ZPL) Version 2.1
-------------------------------------
A copyright notice accompanies this license document that
identifies the copyright holders.
This license has been certified as open source. It has also
been designated as GPL compatible by the Free Software
Foundation (FSF).
Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the
following conditions are met:
1. Redistributions in source code must retain the
accompanying copyright notice, this list of conditions,
and the following disclaimer.
2. Redistributions in binary form must reproduce the accompanying
copyright notice, this list of conditions, and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. Names of the copyright holders must not be used to
endorse or promote products derived from this software
without prior written permission from the copyright
holders.
4. The right to distribute this software or to use it for
any purpose does not give you the right to use
Servicemarks (sm) or Trademarks (tm) of the copyright
holders. Use of them is covered by separate agreement
with the copyright holders.
5. If any files are modified, you must cause the modified
files to carry prominent notices stating that you changed
the files and the date of any change.
Disclaimer
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS ``AS IS''
AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE COPYRIGHT HOLDERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Supervisor Copyright Notice
Supervisor is Copyright (c) 2006-2011 Agendaless Consulting and Contributors.
(http://www.agendaless.com), All Rights Reserved
This software is subject to the provisions of the license at
http://www.repoze.org/LICENSE.txt . A copy of this license should
accompany this distribution. THIS SOFTWARE IS PROVIDED "AS IS" AND
ANY AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, AGAINST INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
TrackRefs code Copyright (c) 2007 Zope Corporation and Contributors
This software is subject to the provisions of the Zope Public License,
Version 2.1 (ZPL). A copy of the ZPL should accompany this distribution.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, AGAINST INFRINGEMENT, AND FITNESS
FOR A PARTICULAR PURPOSE.
medusa was (is?) Copyright (c) Sam Rushing.
http_client.py code Copyright (c) by Daniel Krech, http://eikeon.com/.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
# Sustainable Use License
Version 1.0
## Acceptance
By using the software, you agree to all of the terms and conditions below.
## Copyright License
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations below.
## Limitations
You may use or modify the software only for your own internal business purposes or for non-commercial or personal use.
You may distribute the software or provide it to others only if you do so free of charge for non-commercial purposes.
You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the software. Any use of the licensor’s trademarks is subject to applicable law.
## Patents
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the software, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the software. If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.
## Notices
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms.
If you modify the software, you must include in any modified copies of the software a prominent notice stating that you have modified the software.
## No Other Rights
These terms do not imply any licenses other than those expressly granted in these terms.
## Termination
If you use the software in violation of these terms, such use is not licensed, and your license will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your license will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your license to terminate automatically and permanently.
## No Liability
As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.
## Definitions
The “licensor” is the entity offering these terms.
The “software” is the software the licensor makes available under these terms, including any portion of it.
“You” refers to the individual or entity agreeing to these terms.
“Your company” is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. Control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.
“Your license” is the license granted to you for the software under these terms.
“Use” means anything you do with the software requiring your license.
“Trademark” means trademarks, service marks, and similar rights.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice(s), this list of conditions and the following disclaimer
unmodified other than the allowable addition of one or more
copyright notices.
2. Redistributions in binary form must reproduce the above copyright
notice(s), this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER(S) ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER(S) BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
As a special exception, if you link this library with other files,
compiled with a Free Software compiler, to produce an executable, this
library does not by itself cause the resulting executable to be covered
by the GNU General Public License. This exception does not however
invalidate any other reasons why the executable file might be covered by
the GNU General Public License.
You may copy, modify, distribute, and make derivative works based on this
software, in source code or object code form, without restriction. If you
distribute the software to others, you may do so according to the terms of your
choice. This software is offered as is, without warranty of any kind.
The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where they apply.
IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
GOVERNMENT USE: If you are acquiring this software on behalf of the U.S. government, the Government shall have only "Restricted Rights" in the software and related documentation as defined in the Federal Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2). If you are acquiring the software on behalf of the Department of Defense, the software shall be classified as "Commercial Computer Software" and the Government shall have only "Restricted Rights" as defined in Clause 252.227-7013 (c) (1) of DFARs. Notwithstanding the foregoing, the authors grant the U.S. Government and others acting in its behalf permission to use and distribute the software in accordance with the terms specified in this license.
BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
The style package is copyrighted but may be used and extended in any way,
as long as a pointer to the original author is maintained.
The author is not liable for any problem that may or may not result
from using this package. Use at your own risk.
USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") IS
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM
PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE SOFTWARE
IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE.
YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT
LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE. IF YOU
DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE
THE SOFTWARE IN ANY MANNER.
Sybase Open Watcom Public License version 1.0
1. General; Definitions. This License applies only to the following
software programs: the open source versions of Sybase's Watcom C/C++ and
Fortran compiler products ("Software"), which are modified versions of,
with significant changes from, the last versions made commercially
available by Sybase. As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is the
grantor of rights, (i) claims of patents that are now or hereafter
acquired, owned by or assigned to Sybase and (ii) that cover subject matter
contained in the Original Code, but only to the extent necessary to use,
reproduce and/or distribute the Original Code without infringement; and (b)
in the case where You are the grantor of rights, (i) claims of patents that
are now or hereafter acquired, owned by or assigned to You and (ii) that
cover subject matter in Your Modifications, taken alone or in combination
with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to
the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any respective portions
thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
for Your internal research and development (R&D) and/or Personal Use, and
includes without limitation, any and all internal use or distribution of
Covered Code within Your business or organization except for R&D use and/or
Personal Use, as well as direct or indirect sublicensing or distribution of
Covered Code by You to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
the substance and/or structure of the Original Code, any previous
Modifications, the combination of Original Code and any previous
Modifications, and/or any respective portions thereof. When code is
released as a series of files, a Modification is: (a) any addition to or
deletion from the contents of a file containing Covered Code;
and/or (b)
any new file or other representation of computer program statements that
contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work
as originally made available by Sybase under this License, including the
Source Code of any updates or upgrades to such programs or works made
available by Sybase under this License, and that has been expressly
identified by Sybase as such in the header file(s) of such work; and (b)
the object code compiled from such Source Code and originally made
available by Sybase under this License.
1.8 "Personal Use" means use of Covered Code by an individual solely for
his or her personal, private and non-commercial purposes. An individual's
use of Covered Code in his or her capacity as an officer, employee, member,
independent contractor or agent of a corporation, business or organization
(commercial or non-commercial) does not qualify as Personal Use.
1.9 "Source Code" means the human readable form of a program or other work
that is suitable for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts used to
control compilation and installation of an executable (object code).
1.10 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your" includes
any entity which controls, is controlled by, or is under common control
with, You, where "control" means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract or
otherwise, or (b) ownership of fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions.Subject to the terms and
conditions of this License, Sybase hereby grants You, effective on the
date You accept this License and download the Original Code, a world-wide,
royalty-free, non-exclusive license, to the extent of Sybase's Applicable
Patent Rights and copyrights covering the Original Code, to do the
following:
2.1 You may use, reproduce, display, perform, modify and distribute
Original Code, with or without Modifications, solely for Your internal
research and development and/or Personal Use, provided that in each
instance:
(a) You must retain and reproduce in all copies of Original Code the
copyright and other proprietary notices and disclaimers of Sybase as they
appear in the Original Code, and keep intact all notices in the Original
Code that refer to this License; and
(b) You must retain and reproduce a copy of this License with every copy
of Source Code of Covered Code and documentation You distribute, and You
may not offer or impose any terms on such Source Code that alter or
restrict this License or the recipients' rights hereunder, except as
permitted under Section 6.
(c) Whenever reasonably feasible you should include the copy of this
License in a click-wrap format, which requires affirmative acceptance by
clicking on an "I accept" button or similar mechanism. If a click-wrap
format is not included, you must include a statement that any use
(including without limitation reproduction, modification or distribution)
of the Software, and any other affirmative act that you define, constitutes
acceptance of the License, and instructing the user not to use the Covered
Code in any manner if the user does not accept all of the terms and
conditions of the License.
2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
provided that in each instance:
(a) You must satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice
in Exhibit A in each file of the Source Code of all Your Modifications, and
cause the modified files to carry prominent notices stating that You
changed the files and the date of any change;
(c) You must make Source Code of all Your Deployed Modifications publicly
available under the terms of this License, including the license grants
set forth in Section 3 below, for as long as you Deploy the Covered Code
or twelve (12) months from the date of initial Deployment, whichever is
longer. You should preferably distribute the Source Code of Your Deployed
Modifications electronically (e.g. download from a web site);
(d) if You Deploy Covered Code in object code, executable form only, You
must include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is available
under the terms of this License with information on how and where to
obtain such Source Code; and
(e) the object code form of the Covered Code may be distributed under Your
own license agreement, provided that such license agreement contains terms
no less protective of Sybase and each Contributor than the terms of this
License, and stating that any provisions which differ from this License
are offered by You alone and not by any other party.
2.3 You expressly acknowledge and agree that although Sybase and each
Contributor grants the licenses to their respective portions of the Covered
Code set forth herein, no assurances are provided by Sybase or any
Contributor that the Covered Code does not infringe the patent or other
intellectual property rights of any other entity. Sybase and each
Contributor disclaim any liability to You for claims brought by any other
entity based on infringement of intellectual property rights or otherwise.
As a condition to exercising the rights and licenses granted hereunder,
You hereby assume sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party patent
license is required to allow You to distribute the Covered Code, it is
Your responsibility to acquire that license before distributing the Covered
Code.
3. Your Grants. In consideration of, and as a condition to, the licenses
granted to You under this License, You hereby grant to Sybase and all
third parties a non-exclusive, royalty-free license, under Your Applicable
Patent Rights and other intellectual property rights (other than patent)
owned or controlled by You, to use, reproduce, display, perform, modify,
distribute and Deploy Your Modifications of the same scope and extent as
Sybase's licenses under Sections 2.1 and 2.2.
4. Larger Works. You may create a Larger Work by combining Covered Code
with other code not governed by the terms of this License and distribute
the Larger Work as a single product. In each such instance, You must make
sure the requirements of this License are fulfilled for the Covered Code
or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2,
no other patent rights, express or implied, are granted by Sybase herein.
Modifications and/or Larger Works may require additional patent licenses
from Sybase which Sybase may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations and/or other rights
consistent with this License ("Additional Terms") to one or more recipients
of Covered Code. However, You may do so only on Your own behalf and as
Your sole responsibility, and not on behalf of Sybase or any Contributor.
You must obtain the recipient's agreement that any such Additional Terms
are offered by You alone, and You hereby agree to indemnify, defend and
hold Sybase and every Contributor harmless for any liability incurred by
or claims asserted against Sybase or such Contributor by reason of any
such Additional Terms.
7. Versions of the License. Sybase may publish revised and/or new versions
of this License from time to time. Each version will be given a
distinguishing version number. Once Original Code has been published under
a particular version of this License, You may continue to use it under the
terms of that version. You may also choose to use such Original Code under
the terms of any subsequent version of this License published by Sybase. No
one other than Sybase has the right to modify the terms applicable to
Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may
contain errors that could cause failures or loss of data, and may be
incomplete or contain inaccuracies. You expressly acknowledge and agree that
use of the Covered Code, or any portion thereof, is at Your sole and entire
risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES
OR SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY
REFERRED TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL
CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE
OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the
Covered Code is not intended for use in the operation of nuclear facilities,
aircraft navigation, communication systems, or air traffic control
machines in which case the failure of the Covered Code could lead to death,
personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL,
SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT
OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
SYBASE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL
OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Sybase's or any Contributor's total
liability to You for all damages (other than as may be required by
applicable law) under this License exceed the amount of five hundred
dollars ($500.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "Sybase" or any other trademarks or trade names
belonging to Sybase (collectively "Sybase Marks") or to any trademark or
trade name belonging to any Contributor("Contributor Marks"). No Sybase
Marks or Contributor Marks may be used to endorse or promote products
derived from the Original Code or Covered Code other than with the prior
written consent of Sybase or the Contributor, as applicable.
11. Ownership. Subject to the licenses granted under this License, each Contributor
retains all rights, title and interest in and to any Modifications made by such
Contributor. Sybase retains all rights, title and interest in and to the
Original Code and any Modifications made by or on behalf of Sybase ("Sybase
Modifications"), and such Sybase Modifications will not be automatically
subject to this License. Sybase may, at its sole discretion, choose to
license such Sybase Modifications under this License, or on different terms
from those contained in this License or may choose not to license them at
all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice if You fail to comply with any term(s) of
this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section
13.5(b); or
(c) automatically without notice if You, at any time during the term of
this License, commence an action for patent infringement (including as a
cross claim or counterclaim) against Sybase or any Contributor.
12.2 Effect of Termination. Upon termination, You agree to immediately
stop any further use, reproduction, modification, sublicensing and
distribution of the Covered Code and to destroy all copies of the Covered
Code that are in your possession or control. All sublicenses to the Covered
Code that have been properly granted prior to termination shall survive any
termination of this License. Provisions which, by their nature, should
remain in effect beyond the termination of this License shall survive,
including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No
party will be liable to any other for compensation, indemnity or damages
of any sort solely as a result of terminating this License in accordance
with its terms, and termination of this License will be without prejudice
to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data rights in the
Covered Code include only those rights customarily provided to the public
as defined in this License. This customary commercial license in technical
data and software is provided in accordance with FAR 12.211 (Technical
Data) and 12.212 (Computer Software) and, for Department of Defense
purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and
227.7202-3 (Rights in Commercial Computer Software or Computer Software
Documentation). Accordingly, all U.S. Government End Users acquire Covered
Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of legal
association between or among you, Sybase or any Contributor, and You will
not represent to the contrary, whether expressly, by implication,
appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Sybase's
or any Contributor's right to acquire, license, develop, have others develop
for it, market and/or distribute technology or products that perform the
same or similar functions as, or otherwise compete with, Modifications,
Larger Works, technology or products that You may develop, produce, market
or distribute.
13.4 Waiver; Construction. Failure by Sybase or any Contributor to enforce
any provision of this License will not be deemed a waiver of future
enforcement of that or any other provision. Any law or regulation which
provides that the language of a contract shall be construed against the
drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be
unenforceable, that provision of the License will be enforced to the maximum
extent permissible so as to effect the economic benefits and intent of the
parties, and the remainder of this License will continue in full force and
effect. (b) Notwithstanding the foregoing, if applicable law prohibits or
restricts You from fully and/or specifically complying with Sections 2
and/or 3 or prevents the enforceability of either of those Sections, this
License will immediately terminate and You must immediately discontinue any
use of the Covered Code and destroy all copies of it that are in your
possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between
You and Sybase relating to this License shall take place in the Northern
District of California, and You and Sybase hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within that
District with respect to this License. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof.
This License shall be governed by the laws of the United States and the
State of California, except that body of California law concerning conflicts
of law. Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested that this
License and all related documents be drafted in English. Les parties ont
exige que le present contrat et tous les documents connexes soient rediges
en anglais.
EXHIBIT A.
"Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved. This file
contains Original Code and/or Modifications of Original Code as defined in and
that are subject to the Sybase Open Watcom Public License version 1.0 (the
'License'). You may not use this file except in compliance with the License.
BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF THE LICENSE. A
copy of the License is provided with the Original Code and Modifications, and
is also available at www.sybase.com/developer/opensource.
The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please
see the License for the specific language governing rights and limitations
under the License."
My "symlinks" utility pre-dates the "open source licensing"
fad by a number of years. Just to clarify, this is 100%
freeware, written entirely by myself. The intent is to use
it to detect missing/obsolete symlink targets on an installed
distro, before creating the "gold" (or "final") release discs.
Use and distribute and modify as you (or anyone
else) sees fit. There have no formal restrictions or
requirements whatsoever regarding distribution of either
binaries or source code, whether modified or original.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowlegement:
"This product includes software developed by SymphonySoft Limited (http://www.symphonysoft.com)."
Alternately, this acknowlegement may appear in the software itself, if and
wherever such third-party acknowlegements normally appear.
4. All advertising materials mentioning features or use of this software must
display the following acknowledgement: "This product includes software developed
by SymphonySoft Limited (http://www.symphonysoft.com) and its contributors".
5. Neither the name of SymphonySoft Limited, Cubis Limited, Mule, Universal
Message Objects nor the names of its contributors may be used to endorse or
promote products derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
Synopsys HS OTG Linux Software Driver and documentation (hereinafter,
"Software") is an Unsupported proprietary work of Synopsys, Inc. unless
otherwise expressly agreed to in writing between Synopsys and you.
The Software IS NOT an item of Licensed Software or Licensed Product under
any End User Software License Agreement or Agreement for Licensed Product
with Synopsys or any supplement thereto. You are permitted to use and
redistribute this Software in source and binary forms, with or without
modification, provided that redistributions of source code must retain this
notice. You may not view, use, disclose, copy or distribute this file or
any information contained herein except pursuant to this license grant from
Synopsys. If you do not agree with this notice, including the disclaimer
below, then you are not authorized to use the Software.
THIS SOFTWARE IS BEING DISTRIBUTED BY SYNOPSYS SOLELY ON AN "AS IS" BASIS
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE HEREBY DISCLAIMED. IN NO EVENT SHALL SYNOPSYS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
The Synopsys DWC ETHER QOS Software Driver and documentation (hereinafter
"Software") is an unsupported proprietary work of Synopsys, Inc. unless
otherwise expressly agreed to in writing between Synopsys and you.
The Software IS NOT an item of Licensed Software or Licensed Product under
any End User Software License Agreement or Agreement for Licensed Product
with Synopsys or any supplement thereto. Permission is hereby granted,
free of charge, to any person obtaining a copy of this software annotated
with this license and the Software, to deal in the Software without
restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so, subject
to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THIS SOFTWARE IS BEING DISTRIBUTED BY SYNOPSYS SOLELY ON AN "AS IS" BASIS
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE HEREBY DISCLAIMED. IN NO EVENT SHALL SYNOPSYS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Syntext, Inc. GPL License Exception for Syntext Serna Free Edition
Version 1.0
Additional rights granted beyond the GPL (the "Exception").
As a special exception to the terms and conditions of GPL version 2.0
or GPL version 3.0, Syntext, Inc. hereby grants you the rights described below,
provided you agree to the terms and conditions in this Exception, including its
obligations and restrictions on use.
Nothing in this Exception gives you or anyone else the right to change the
licensing terms of the Syntext Serna Free Editon.
1) Definitions
"FOSS Application" means a free and open source software application
distributed subject to a license listed in the section below titled
"FOSS License List."
"Licensed Software" shall refer to the software licensed under the GPL
version 2.0 or GPL version 3.0 and this exception.
"Derivative Work" means a derivative work, as defined under applicable
copyright law, formed entirely from the Licensed Software and one or more FOSS
Applications.
"Independent Work" means portions of the Derivative Work that are not derived
from the Licensed Software and can reasonably be considered independent and
separate works.
2) The right to use open source licenses not compatible with the GNU General
Public License version 2.0 or GNU General Public License version 3.0: You may
distribute Derivative Work in object code or executable form, provided that:
A) You distribute Independent Works subject to a license listed in the
section 4 below, titled "FOSS License List";
and
B) You obey the GPL in all respects for the Licensed Software and all portions
(including modifications and extensions) of the Licensed Software included in
the Derivative Work (provided that this condition does not apply to
Independent Works);
C) You must, on request, make a complete package including the complete source
code of Derivative Work (as defined in the GNU General Public License
version 2, section 3, but excluding anything excluded by the special exception
in the same section) available to Syntext, Inc. under the same license as that
granted to other recipients of the source code of Derivative Work;
and
D) Your or any other contributor's rights to:
i) distribute the source code of Derivative Work to anyone for any purpose;
and
ii) publicly discuss the development project for Derivative Work and its goals
in any form and in any forum are not prohibited by any legal instrument,
including but not limited to contracts, non-disclosure agreements, and
employee contracts.
3) Syntext, Inc. reserves all rights not expressly granted in these terms and
conditions. If all of the above conditions are not met, then this FOSS License
Exception does not apply to you or your Derivative Work.
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
Any person wishing to distribute modifications to the Software is
asked to send the modifications to the original developer so that they
can be incorporated into the canonical version. This is, however, not
a binding provision of this license.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
T-Engine Public License [License Agreement for Software for T-Engine]
established by T-Engine Forum
on September 29, 2006
revised on November 28, 2006
Article 1. Scope of License Agreement
This License Agreement sets forth copyrights and the terms and conditions of use applicable to the software program, which has an indication that the program is subject to the T-Engine Public License, for the T-Engine distributed by T-Engine Forum and any derivative work created therefrom.
Article 2. Definition
"Source Code" means individual source program which has the indication that the program is subject to the T-Engine Public License, including related comments and documentations.
"Modified Source Code" means a source program modified from the Source Code for the purpose of improving its performance, increasing or decreasing its function, and the like.
"Binary Code" means an executable code form which is created by compiling programs, which include all or part of the Source Code or the Modified Source Code.
"Embedded Product" means any product which uses the Source Code, the Modified Source Code, or the Binary Code, and operates with executable code form loaded on its hardware.
"End User" means a consumer who uses the Embedded Product.
"Source Code User" means a person who uses the Source Code.
"Distribution" means any of the following acts:
to transmit a work to a large number of specific persons through the Internet communication, broadcasting, and the like;
to transmit a work to the general public through the Internet communication, broadcasting, and the like automatically in response to a request from the public; and
to distribute a reproduction of a work to the general public or a large number of specific persons.
Article 3. Copyright
The copyrights of the Source Code shall be owned by T-Engine Forum.
Article 4. License of Source Code
As provided for in this Article, T-Engine Forum shall grant a license to use the Source Code free of charge to any person who has agreed to the T-Engine Public License.
In accordance with the license granted under Article 4.1 above, the Source Code User may perform the following acts:
to copy and/or modify the Source Code provided by T-Engine Forum hereunder for its own research, development and the like.
to run the Source Code provided by T-Engine Forum hereunder for its own research, development and the like.
to run the Source Code modified in accordance with the provision of (1) above for its own research, development and the like.
to develop, manufacture the Embedded Product containing the Binary Code, and, whether with or without payment, provide the End User with the same and make the Binary Code available to the End User on the Embedded Product.
to distribute the Source Code provided by T-Engine Forum and the Source Code modified in accordance with the provision of (1) above. Provided, however, that the Source Code User may not modify the indication of license affixed to the Source Code.
to distribute the Binary Code.
The Source Code User shall not be obligated to give a copyright notice of the Source Code or a notice that the Source Code is licensed by T-Engine Forum, when they use the Source Code or the Binary Code of program obtained by modifying the Source Code, or make the Binary Code available to the End User on the Embedded Product.
Article 5. Limited Warranty
T-Engine Forum does not warrant that the Source Code does not infringe upon third party's copyrights.
T-Engine Forum does not warrant that the Source Code will fit for any particular purpose of the Source Code User.
T-Engine Forum does not warrant that the Source Code does not infringe upon any third party's industrial property rights. In no event shall T-Engine Forum be liable for any dispute which may arise between the Source Code User and a third party in connection with the third party's industrial property rights.
Article 6. Indemnity
Neither T-Engine Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if T-Engine Forum and the copyright holder have been informed of the possibility of such damages.
Article 7. Breach of Agreement
In case of breach of this License Agreement, T-Engine Forum shall have the breaching person remedy such a breach and take measures on the ground of copyright infringement against the person regardless of whether or not the said person is a member of T-Engine Forum.
In case of breach of this License Agreement by a member of T-Engine Forum, T-Engine Forum may take appropriate measures against the member; for example, the member is disqualified from membership, depending on what kind of breach has been committed by it.
Any legal dispute which may arise in relation to any breach of this License Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 8. Governing Law and Language
This License Agreement shall be governed by and interpreted under the laws of Japan.
This License Agreement is executed in both Japanese text and English text provided that the Japanese text shall govern the interpretation and performance of this License Agreement.
T-License [License Agreement for Source Code of T-Kernel]
established by T-Engine Forum
on January 23, 2004
revised on June 17, 2004
revised on December 21, 2006
revised on March 24, 2009
Article 1. Scope of License Agreement
This License Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of T-Kernel distributed by T-Engine Forum and any derivative work created therefrom.
Article 2. Definition
"T-Kernel" means a real-time operating system controlled and distributed by T-Engine Forum on behalf of the copyright holder thereof.
"Source Code" means a source program, including related comments and documentations, for the T-Kernel and the Ported Source Code defined in Article 2.8 which is registered with T-Engine Forum.
"Hardware-dependent Part" means the part of the Source Code which depends on hardware and needs to be changed when the Source Code is ported and operated on the target hardware, and is designated and separated as such part.
"Compiler-dependent Part" means the part of the Source Code which depends on compiler and needs to be changed when the Source Code is ported and operated on the target hardware, and is designated and separated as such part.
"Header File" means the part of the Source Code which contains definitions necessary to develop application programs.
"T-Engine Hardware" means the hardware which is manufactured in accordance with the T-Engine Hardware specifications or the µT-Engine Hardware specifications issued by T-Engine Forum, and registered with T-Engine Forum.
"Similar Hardware to T-Engine Hardware" means any hardware (including software which emulates hardware) other than that defined in Article 2.6 above, on which the T-Kernel can be operated.
"Ported Source Code" means a source program produced from the Source Code by modifying only its Hardware-dependent Part and/or Compiler-dependent Part to enable it to be operated on the T-Engine Hardware or the Similar Hardware to T-Engine Hardware. The Ported Source Code which is registered with T-Engine Forum shall be included in the Source Code.
"Modified Source Code" means a source program modified from the Source Code for the purpose of improving its performance, increasing or decreasing its function, and the like. The Ported Source Code shall not be included in the Modified Source Code.
"Binary Code" means an executable code form which is created by compiling programs, which include all or part of the Source Code or the Modified Source Code.
"Derivative Work" means the Modified Source Code or the Binary Code.
"Embedded Product" means any product which operates with executable code form of the Source Code, the Modified Source Code or the Binary Code loaded on its hardware.
"End User" means a consumer who uses the Embedded Product.
"System Developer" means any person who develops the Embedded Product by itself or has a third party develop the same, and provides, whether with or without payment, the End User with the Embedded Product.
"Distributor of Modification" means any person who produces the Modified Source Code and, whether with or without payment, distributes the same to any third party.
"Patch for Modification" means a difference, program, system, or the like in order to create the Modified Source Code from the Source Code or the Binary Code thereof.
"Vicarious Execution of Patch Processing" means vicarious execution service to create the Modified Source Code applying the Patch for Modification to the Source Code or the Binary Code thereof.
"Source Code User" means a person who uses the Source Code.
"Distribution" means any of the following acts:
to transmit a work to a large number of specific persons through the Internet communication, broadcasting, and the like;
to transmit a work to the general public through the Internet communication, broadcasting, and the like automatically in response to a request from the public; and
to distribute a copy of a work to the general public or a large number of specific persons.
Article 3. Copyright
The copyrights of the Source Code shall be owned by Ken Sakamura.
Article 4. License of Source Code
As provided for in this Article, T-Engine Forum shall provide, and grant a license to use, the Source Code free of charge to any person who has taken the necessary procedure for registration as prescribed by T-Engine Forum and agreed to the T-License.
The Source Code shall be distributed exclusively by T-Engine Forum. Any person who obtains the Source Code under Article 4.1 above shall not make any re-Distribution of the Source Code.
In accordance with the license granted under Article 4.1 above, the Source Code User may perform the following acts:
to copy and/or modify the Source Code provided by T-Engine Forum hereunder for its own research, development and the like.
to run the Source Code provided by T-Engine Forum hereunder for its own research, development and the like.
to run the Source Code modified in accordance with the provision of Article 4.3 (1) above for its own research, development and the like.
to distribute the Binary Code created from the Source Code provided by T-Engine Forum hereunder or from the Source Code modified in accordance with the provision of Article 4.3 (1) above.
In accordance with the license granted under Article 4.1 above, the System Developer may perform the following acts:
to perform any and all acts set forth in the Article 4.3 above.
to develop and manufacture the Embedded Product containing the Binary Code, and, whether with or without payment, provide the End User with the same and make the Binary Code available to the End User on the Embedded Product.
The Source Code User and the System Developer shall be obligated to give a notice that the Source Code is used, in such a way as separately specified by T-Engine Forum, when they use the Source Code or the Binary Code, or make the Binary Code available for the End User on the Embedded Product.
Article 5. Distribution of Modified Source Code
Any of A- members of T-Engine Forum may become the Distributor of Modification by obtaining the approval of T-Engine Forum through the registration procedure as prescribed by the Forum provided that only the department of the A- member which has taken the registration procedure may distribute the Modified Source Code in such a way as provided for in this Article as long as it holds the A- membership.
The Distributor of Modification may create the Modified Source Code based on the Source Code provided by T-Engine Forum and the Patch for Modification to be applied to create such Modified Source Code from the Source Code.
The Distributor of Modification shall, prior to the distribution, inform T-Engine Forum of and register a name and description of the Modified Source Code in such a way as specified by T-Engine Forum.
The Distributor of Modification shall determine the name of the Modified Source Code subject to the rules separately established by T-Engine Forum and publish an appropriate notice as required by the rules on the Patch for Modification and the Modified Source Code.
The Distributor of Modification may distribute the Modified Source Code to a third party, whether with or without payment, provided that the Distributor of Modification shall take the necessary measures to prohibit the third party from making the re-Distribution of the Modified Source Code.
The Distributor of Modification may provide the System Developer with the Patch for Modification. Provided, however, that the Distributor of Modification shall be obligated to confirm that the System Developer is the Source Code User duly licensed under Article 4.1.
The Distributor of Modification may perform the Vicarious Execution of Patch Processing for the System Developer.
The System Developer shall not distribute the Modified Source Code in further modified form to any third party as a stand-alone software product.
The System Developer may, under the same obligation as imposed in Article 4.5, make the Embedded Product available for the End User through use of the Patch for Modification distributed by the Distributor of Modification or the Derivative Works obtained through the Vicarious Execution of Patch Processing.
Article 6. Distribution and Registration of the Ported Source Code
The Source Code User and the System Developer may, whether with or without charge, distribute to any third party only the following parts of the Ported Source Code on the T-Engine Hardware or the Similar Hardware to T-Engine Hardware:
The Hardware-dependent Part and/or Compiler-dependent Part; provided that the Source Code User and the System Developer shall inform T-Engine Forum of, and T-Engine Forum may publish, a method for distributing said Part(s) to third parties.
The Header File; provided that the Header File shall be distributed together with the Binary Code of the Ported Source Code.
Any member of T-Engine Forum may request T-Engine Forum to register and distribute, as an original source code for T-Kernel, the Ported Source Code on the T-Engine Hardware or the Similar Hardware to T-Engine Hardware.
Any member of T-Engine Forum who requests the distribution mentioned in the preceding paragraph shall accede to the following conditions:
The member shall confirm that the object hardware is the T-Engine Hardware or the Similar Hardware to T-Engine Hardware.
The member shall provide T-Engine Forum with a complete set of operational environment for the object hardware and T-Kernel free of charge when requesting the distribution.
The member shall submit test results of the Ported Source Code to T-Engine Forum when requesting the distribution.
In the event that T-Engine Forum accepts the request mentioned in Article 6.2, T-Engine Forum shall register and distribute the Ported Source Code as the Source Code for T-Kernel. Provided, however, that the Ported Source Code may be treated in the same way as the Modified Source Code until the time of registration hereunder.
The provision set forth in Article 3 shall apply to the Ported Source Code registered in accordance with this Article.
Article 7. Use for Other Purpose
Any use of the Source Code, the Modified Source Code or the Ported Source Code other than those stipulated in Articles 4, 5 and 6 shall be subject to the prior approval of T-Engine Forum.
Article 8. Limited Warranty
T-Engine Forum and the copyright holder of the Source Code warrant that the Source Code does not infringe third party's copyrights. Provided, however, that T-Engine Forum and the copyright holder of the Source Code make no warranty as to the Hardware-dependent Part and/or Compiler- dependent Part set forth in Article 6.2 in the Ported Source Code by any third party.
Neither T-Engine Forum nor the copyright holder of the Source Code warrants that the Source Code will fit for any particular purpose of the Source Code User.
Neither T-Engine Forum nor the copyright holder of the Source Code warrants that the Source Code does not infringe any third party's industrial property rights. In no event shall T-Engine Forum and the copyright holder of the Source Code be liable for any dispute which may arise between the Source Code User and a third party in connection with the third party's industrial property rights.
Article 9. Indemnity
Neither T-Engine Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if T-Engine Forum and the copyright holder have been informed of the possibility of such damages.
Article 10. Breach of Agreement
In case that T-Engine Forum considers that this License Agreement is breached or that the popularization of T-Kernel is obstructed, T-Engine Forum shall take measures to correct such breach or such obstruction, take measures on the ground of copyright infringement, or take any other necessary measures against the breaching person or the obstructing person, regardless of whether or not the said person is a member of T-Engine Forum.
In case of breach of this License Agreement by a member of T-Engine Forum, T-Engine Forum may take appropriate measures against the member; for example, the member is disqualified from membership, depending on what kind of breach has been committed by it.
Any legal dispute which may arise in relation to any breach of this License Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 11. Governing Law and Language
This License Agreement shall be governed by and interpreted under the laws of Japan.
This License Agreement is executed in both Japanese text and English text provided that the Japanese text shall govern the interpretation and performance of this License Agreement.
T-License 2.0
[License Agreement for Programs and Copyrighted Works]
May 17, 2011
appropriate correction June 9, 2011
Article 1. Scope of License Agreement
This License Agreement sets forth copyrights and the terms and conditions of use applicable to the programs Distributed by TRON Forum and prescribed below:
Source Code of T-Kernel 2.0 and any program related thereto.
Source Code of previous versions of T-Kernel 2.0 and any program related thereto.
Source Code of μT-Kernel and any program related thereto.
Article 2. Definition
"Programs" means programs controlled and Distributed under this License Agreement by TRON Forum on behalf of the copyright holder thereof.
"Source Code" means a source program, including related comments and documentations, for the Programs.
"Modified Source Code" means a source program modified from the Source Code for the purpose of improving its performance, increasing or decreasing its function, and the like.
"Binary Code" means an executable code form which is created by compiling programs, which include all or part of the Source Code or the Modified Source Code.
"Derivative Work of the Source Code" means either of the followings:
The generic name for the Modified Source Code and the Binary Code thereof.
The Source Code newly modified by the Developer set forth in Article 2.8 using the Derivative Work of the Source Code and the Binary Code thereof, including any Source Code and Binary Code thereof which are newly modified from the programs modified hereunder, in the same manner as herein provided.
"Embedded Product" means product which uses the Source Code, the Binary Code, or the Derivative Work of the Source Code, and operates with executable code form loaded on its hardware.
"End User" means a consumer who uses the Embedded Product.
"Developer" means any of the following persons:
who develops the Embedded Product by itself or has a third party develop the same, and provides, whether with or without payment, the End User with the Embedded Product.
who develops the Modified Source Code and Distributes, whether with or without payment, a third party with the Modified Source Code.
who uses the Source Code or the Derivative Work of the Source Code.
"Distribution" means any of the following acts:
to transmit a work to a large number of specific persons through the Internet communication, broadcasting, and the like;
to transmit a work to the general public through the Internet communication, broadcasting, and the like automatically in response to a request from the public;
to distribute a reproduction of a work to a large number of specific persons; and
to distribute a reproduction of a work to the general public.
"Traceability Service" means service to register and/or refer to the record of the modification history of the Source Code and/or the Derivative Work of the Source Code.
"Distribution ucode" means a specific number called a "ucode (Ubiquitous Code)" which is issued by the Traceability Service to identify the Source Code and/or the Derivative Work of the Source Code.
Article 3. License of Source Code
As provided for in this Article, TRON Forum shall Distribute, and grant a license to use, the Source Code free of charge to the Developer who has taken the necessary procedure for registration as prescribed by TRON Forum and agreed to this License Agreement.
The Developer may perform the following acts with respect to the Source Code:
to copy and/or modify the Source Code Distributed by TRON Forum pursuant to Article 3.1 or paragraph (5) of Article 3.2 for its own research, development and the like.
to run the Source Code Distributed by TRON Forum pursuant to Article 3.1 or paragraph (5) of Article 3.2 for its own research, development and the like.
to run the Source Code modified pursuant to the paragraph (1) above for its own research, development and the like.
to develop and manufacture the Embedded Product containing the Binary Code, and, whether with or without payment, provide the End User with the same and make the Binary Code available to the End User on the Embedded Product.
to re-Distribute, whether with or without payment, the Source Code to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall not make any modification to the Source Code, including the Distribution ucode assigned thereto, when re-Distributing the Source Code; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the Source Code.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code modified by the Developer itself pursuant to the paragraph (1) above to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall register the modified Derivative Work of the Source Code into the Traceability Service and obtain the Distribution ucode to be assigned thereto; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the modified Derivative Work of the Source Code.
The Developer may perform the following acts with respect to the Derivative Work of the Source Code:
to copy and/or modify the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code modified pursuant to paragraph (1) above for its own research, development and the like.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code Distributed hereunder (excluding the Derivative Work of the Source Code Distributed in a manner as set forth in paragraphs (1) and (3) of Article 2.9) to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall not make any modification to the Derivative Work of the Source Code, including the Distribution ucode assigned thereto, when re-Distributing the Derivative Work of the Source Code; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the Derivative Work of the Source Code.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code modified by the Developer itself pursuant to the paragraph (1) above based upon the Derivative Work of the Source Code Distributed hereunder (excluding the Derivative Work of the Source Code Distributed in a manner as set forth in paragraphs (1) and (3) of Article 2.9) to any third party, provided that the Developer shall comply with all the following conditions:
The Developer shall register the modified Derivative Work of the Source Code into the Traceability Service and obtain the Distribution ucode to be assigned thereto; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the modified Derivative Work of the Source Code.
to make the Embedded Product available to the End User with the use of the Derivative Work of the Source Code Distributed by the other Developer under the same conditions as set forth in Article 3.6.
The Developer who has created the Derivative Work of the Source Code may decide at its own discretion not to permit the other Developer to perform the acts set forth in paragraphs (1) through (5) of Article 3.3 when the said other Developer uses the said Derivative Work of the Source Code.
In the case where part of the source program Distributed under the T-License or μT-License (hereinafter called the "Existing License Agreement"), which specifies the terms and conditions of use applicable to the Source Code and was made by TRON Forum before commencement of this License Agreement, is included into the modified part of the Derivative Work of the Source Code by the Developer, the said Derivative Work of the Source Code shall be Distributed in accordance with the terms and conditions set forth in this License Agreement. Provided, however, that the said Developer may select to Distribute the said Derivative Work of the Source Code under the terms and conditions set forth in the Existing License Agreement.
The Developer shall be obligated to give a notice that the Source Code is used, in such a way as separately established by TRON Forum, when they use the Source Code or the Derivative Work of the Source Code, or make the Binary Code available to the End User on the Embedded Product. Provided, however, that the Developer shall be released from the obligation to give a notice under this Article in the event of the following:
The Developer, who is a member of TRON Forum, applies for said release to TRON Forum in a manner separately determined by TRON Forum.
The Developer receives the Source Code or the Derivative Work of the Source Code which is exempted from the obligation to give a notice under the preceding paragraph, or the Embedded Product using the said Source Code or the said Derivative Work of the Source Code.
Article 4. Partial Non-exercise of Rights
Any copyright holder of the Source Code or the Derivative Work of the Source Code shall not exercise its copyrights with respect to any person's act of using the Source Code or the Derivative Work of the Source Code in accordance with this License Agreement.
Any author of the Source Code or the Derivative Work of the Source Code shall not exercise its right to maintain the integrity provided for in Article 20 of the Copyright Act with respect to any person's act of using the Source Code or the Derivative Work of the Source Code in accordance with this License Agreement.
Article 5. Use for Other Purpose
Any use of the Source Code or the Derivative Work of the Source Code other than those stipulated in Articles 3 shall be subject to the prior approval of TRON Forum.
Article 6. Limited Warranty
TRON Forum warrants that the Source Code for which TRON Forum owns the copyrights does not infringe upon third party's copyrights and Ken Sakamura warrants that the Source Code for which Ken Sakamura owns the copyrights does not infringe upon third party's copyrights.
Neither TRON Forum nor Ken Sakamura warrants that the Source Code other than those set forth in the preceding Article does not infringe upon third party's copyrights.
Neither TRON Forum nor the copyright holder of the Source Code warrants that the Source Code will fit for any particular purpose of the Source Code User.
Neither TRON Forum nor the copyright holder of the Source Code warrants that the Source Code does not infringe upon any third party's industrial property rights. In no event shall TRON Forum and the copyright holder of the Source Code be liable for any dispute which may arise between the Source Code User and a third party in connection with the third party's industrial property rights.
Article 7. Indemnity
Neither TRON Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if TRON Forum and the copyright holder have been informed of the possibility of such damages.
Article 8. Breach of Agreement
In case of breach of this License Agreement, TRON Forum shall have the breaching person remedy such a breach and take measures on the ground of copyright infringement against the person regardless of whether or not the said person is a member of TRON Forum.
In case of breach of this License Agreement by a member of TRON Forum, TRON Forum may take appropriate measures against the member; for example, the member is disqualified from membership, depending on what kind of breach has been committed by it.
Any legal dispute which may arise in relation to any breach of this License Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 9. Governing Law and Language
The formation, validity and performance of this License Agreement shall be, in all aspects, governed by and interpreted under the laws of Japan.
This License Agreement is executed in both a Japanese text and English text. This License Agreement may be prepared in any language other than Japanese for the purpose of reference, provided, however, that the Japanese text shall govern the interpretation of this License Agreement.
T-License 2.1
[License Agreement for Programs and Copyrighted Works]
May 17, 2011
appropriate correction June 9, 2011
revised on April 1, 2015
Article 1. Scope of License Agreement
1. This License Agreement sets forth copyrights and the terms and conditions of use applicable to the programs Distributed by TRON Forum and prescribed below:
Source Code of T-Kernel 2.0 and any program related thereto.
Source Code of previous versions of T-Kernel 2.0 and any program related thereto.
Source Code of μT-Kernel and any program related thereto.
Article 2. Definition
"Programs" means programs controlled and Distributed under this License Agreement by TRON Forum on behalf of the copyright holder thereof.
"Source Code" means a source program, including related comments and documentations, for the Programs.
"Modified Source Code" means a source program modified from the Source Code for the purpose of improving its performance, increasing or decreasing its function, and the like.
"Binary Code" means an executable code form which is created by compiling programs, which include all or part of the Source Code or the Modified Source Code.
"Derivative Work of the Source Code" means either of the followings:
The generic name for the Modified Source Code and the Binary Code thereof.
The Source Code newly modified by the Developer set forth in Article 2.8 using the Derivative Work of the Source Code and the Binary Code thereof, including any Source Code and Binary Code thereof which are newly modified from the programs modified hereunder, in the same manner as herein provided.
"Embedded Product" means product which uses the Source Code, the Binary Code, or the Derivative Work of the Source Code, and operates with executable code form loaded on its hardware.
"End User" means a consumer who uses the Embedded Product.
"Developer" means any of the following persons:
who develops the Embedded Product by itself or has a third party develop the same, and provides, whether with or without payment, the End User with the Embedded Product.
who develops the Modified Source Code and Distributes, whether with or without payment, a third party with the Modified Source Code.
who uses the Source Code or the Derivative Work of the Source Code.
"Distribution" means any of the following acts:
to transmit a work to a large number of specific persons through the Internet communication, broadcasting, and the like;
to transmit a work to the general public through the Internet communication, broadcasting, and the like automatically in response to a request from the public;
to distribute a reproduction of a work to a large number of specific persons; and
to distribute a reproduction of a work to the general public.
"Traceability Service" means service to register and/or refer to the record of the modification history of the Source Code and/or the Derivative Work of the Source Code.
"Distribution ucode" means a specific number called a "ucode (Ubiquitous Code)" which is issued by the Traceability Service to identify the Source Code and/or the Derivative Work of the Source Code.
Article 3. License of Source Code
As provided for in this Article, TRON Forum shall Distribute, and grant a license to use, the Source Code free of charge to the Developer who has taken the necessary procedure for registration as prescribed by TRON Forum and agreed to this License Agreement.
The Developer may perform the following acts with respect to the Source Code:
to copy and/or modify the Source Code Distributed by TRON Forum pursuant to Article 3.1 or paragraph (5) of Article 3.2 for its own research, development and the like.
to run the Source Code Distributed by TRON Forum pursuant to Article 3.1 or paragraph (5) of Article 3.2 for its own research, development and the like.
to run the Source Code modified pursuant to the paragraph (1) above for its own research, development and the like.
to develop and manufacture the Embedded Product containing the Binary Code, and, whether with or without payment, provide the End User with the same and make the Binary Code available to the End User on the Embedded Product.
to re-Distribute, whether with or without payment, the Source Code to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall not make any modification to the Source Code, including the Distribution ucode assigned thereto, when re-Distributing the Source Code; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the Source Code.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code modified by the Developer itself pursuant to the paragraph (1) above to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall register the modified Derivative Work of the Source Code into the Traceability Service and obtain the Distribution ucode to be assigned thereto; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the modified Derivative Work of the Source Code.
The Developer may perform the following acts with respect to the Derivative Work of the Source Code:
to copy and/or modify the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code modified pursuant to paragraph (1) above for its own research, development and the like.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code Distributed hereunder (excluding the Derivative Work of the Source Code Distributed in a manner as set forth in paragraphs (1) and (3) of Article 2.9) to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall not make any modification to the Derivative Work of the Source Code, including the Distribution ucode assigned thereto, when re-Distributing the Derivative Work of the Source Code; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the Derivative Work of the Source Code.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code modified by the Developer itself pursuant to the paragraph (1) above based upon the Derivative Work of the Source Code Distributed hereunder (excluding the Derivative Work of the Source Code Distributed in a manner as set forth in paragraphs (1) and (3) of Article 2.9) to any third party, provided that the Developer shall comply with all the following conditions:
The Developer shall register the modified Derivative Work of the Source Code into the Traceability Service and obtain the Distribution ucode to be assigned thereto; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the modified Derivative Work of the Source Code.
to make the Embedded Product available to the End User with the use of the Derivative Work of the Source Code Distributed by the other Developer under the same conditions as set forth in Article 3.6.
The Developer who has created the Derivative Work of the Source Code may decide at its own discretion not to permit the other Developer to perform the acts set forth in paragraphs (1) through (5) of Article 3.3 when the said other Developer uses the said Derivative Work of the Source Code.
In the case where part of the source program Distributed under the T-License or μT-License (hereinafter called the "Existing License Agreement"), which specifies the terms and conditions of use applicable to the Source Code and was made by TRON Forum before commencement of this License Agreement, is included into the modified part of the Derivative Work of the Source Code by the Developer, the said Derivative Work of the Source Code shall be Distributed in accordance with the terms and conditions set forth in this License Agreement. Provided, however, that the said Developer may select to Distribute the said Derivative Work of the Source Code under the terms and conditions set forth in the Existing License Agreement.
The Developer shall be obligated to give a notice that the Source Code is used, in such a way as separately established by TRON Forum, when they use the Source Code or the Derivative Work of the Source Code, or make the Binary Code available to the End User on the Embedded Product. Provided, however, that the Developer shall be released from the obligation to give a notice under this Article in the event of the following:
The Developer, who is a member of TRON Forum, applies for said release to TRON Forum in a manner separately determined by TRON Forum.
The Developer receives the Source Code or the Derivative Work of the Source Code which is exempted from the obligation to give a notice under the preceding paragraph, or the Embedded Product using the said Source Code or the said Derivative Work of the Source Code.
Article 4. Partial Non-exercise of Rights
Any copyright holder of the Source Code or the Derivative Work of the Source Code shall not exercise its copyrights with respect to any person's act of using the Source Code or the Derivative Work of the Source Code in accordance with this License Agreement.
Any author of the Source Code or the Derivative Work of the Source Code shall not exercise its right to maintain the integrity provided for in Article 20 of the Copyright Act with respect to any person's act of using the Source Code or the Derivative Work of the Source Code in accordance with this License Agreement.
Article 5. Use for Other Purpose
Any use of the Source Code or the Derivative Work of the Source Code other than those stipulated in Articles 3 shall be subject to the prior approval of TRON Forum.
Article 6. Limited Warranty
TRON Forum warrants that the Source Code for which TRON Forum owns the copyrights does not infringe upon third party's copyrights and Ken Sakamura warrants that the Source Code for which Ken Sakamura owns the copyrights does not infringe upon third party's copyrights.
Neither TRON Forum nor Ken Sakamura warrants that the Source Code other than those set forth in the preceding Article does not infringe upon third party's copyrights.
Neither TRON Forum nor the copyright holder of the Source Code warrants that the Source Code will fit for any particular purpose of the Source Code User.
Neither TRON Forum nor the copyright holder of the Source Code warrants that the Source Code does not infringe upon any third party's industrial property rights. In no event shall TRON Forum and the copyright holder of the Source Code be liable for any dispute which may arise between the Source Code User and a third party in connection with the third party's industrial property rights.
Article 7. Indemnity
Neither TRON Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if TRON Forum and the copyright holder have been informed of the possibility of such damages.
Article 8. Breach of Agreement
In case of breach of this License Agreement, TRON Forum shall have the breaching person remedy such a breach and take measures on the ground of copyright infringement against the person regardless of whether or not the said person is a member of TRON Forum.
In case of breach of this License Agreement by a member of TRON Forum, TRON Forum may take appropriate measures against the member; for example, the member is disqualified from membership, depending on what kind of breach has been committed by it.
Any legal dispute which may arise in relation to any breach of this License Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 9. Governing Law and Language
The formation, validity and performance of this License Agreement shall be, in all aspects, governed by and interpreted under the laws of Japan.
This License Agreement is executed in both a Japanese text and English text. This License Agreement may be prepared in any language other than Japanese for the purpose of reference, provided, however, that the Japanese text shall govern the interpretation of this License Agreement.
T-License 2.2
[License Agreement for Programs and Copyrighted Works]
May 17, 2011
appropriate correction June 9, 2011
revised on April 1, 2015
revised on April 1, 2020
Article 1. Scope of License Agreement
This License Agreement sets forth copyrights and the terms and conditions of use applicable to the Source Codes of OSs （Operating Systems） and programs Distributed by TRON Forum.
Article 2. Definition
"Programs" means programs controlled and Distributed under this License Agreement by TRON Forum on behalf of the copyright holder thereof.
"Source Code" means a source program, including related comments and documentations, for the Programs.
"Modified Source Code" means a source program modified from the Source Code for the purpose of improving its performance, increasing or decreasing its function, and the like.
"Binary Code" means an executable code form which is created by compiling programs, which include all or part of the Source Code or the Modified Source Code.
"Derivative Work of the Source Code" means either of the followings:
The generic name for the Modified Source Code and the Binary Code thereof.
The Source Code newly modified by the Developer set forth in Article 2.8 using the Derivative Work of the Source Code and the Binary Code thereof, including any Source Code and Binary Code thereof which are newly modified from the programs modified hereunder, in the same manner as herein provided.
"Embedded Product" means product which uses the Source Code, the Binary Code, or the Derivative Work of the Source Code, and operates with executable code form loaded on its hardware.
"End User" means a consumer who uses the Embedded Product.
"Developer" means any of the following persons:
who develops the Embedded Product by itself or has a third party develop the same, and provides, whether with or without payment, the End User with the Embedded Product.
who develops the Modified Source Code and Distributes, whether with or without payment, a third party with the Modified Source Code.
who uses the Source Code or the Derivative Work of the Source Code.
"Distribution" means any of the following acts:
to transmit a work to a large number of specific persons through the Internet communication, broadcasting, and the like;
to transmit a work to the general public through the Internet communication, broadcasting, and the like automatically in response to a request from the public;
to distribute a reproduction of a work to a large number of specific persons; and
to distribute a reproduction of a work to the general public.
"Traceability Service" means service to register and/or refer to the record of the modification history of the Source Code and/or the Derivative Work of the Source Code.
"Distribution ucode" means a specific number called a "ucode (Ubiquitous Code)" which is issued by the Traceability Service to identify the Source Code and/or the Derivative Work of the Source Code.
Article 3. License of Source Code
As provided for in this Article, TRON Forum shall Distribute, and grant a license to use, the Source Code free of charge to the Developer who has taken the necessary procedure for registration as prescribed by TRON Forum and agreed to this License Agreement.
The Developer may perform the following acts with respect to the Source Code:
to copy and/or modify the Source Code Distributed by TRON Forum pursuant to Article 3.1 or paragraph (5) of Article 3.2 for its own research, development and the like.
to run the Source Code Distributed by TRON Forum pursuant to Article 3.1 or paragraph (5) of Article 3.2 for its own research, development and the like.
to run the Source Code modified pursuant to the paragraph (1) above for its own research, development and the like.
to develop and manufacture the Embedded Product containing the Binary Code, and, whether with or without payment, provide the End User with the same and make the Binary Code available to the End User on the Embedded Product.
to re-Distribute, whether with or without payment, the Source Code to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall not make any modification to the Source Code, including the Distribution ucode assigned thereto, when re-Distributing the Source Code; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the Source Code.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code modified by the Developer itself pursuant to the paragraph (1) above to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall register the modified Derivative Work of the Source Code into the Traceability Service and obtain the Distribution ucode to be assigned thereto; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the modified Derivative Work of the Source Code.
The Developer may perform the following acts with respect to the Derivative Work of the Source Code:
to copy and/or modify the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code for its own research, development and the like.
to run the Derivative Work of the Source Code modified pursuant to paragraph (1) above for its own research, development and the like.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code Distributed hereunder (excluding the Derivative Work of the Source Code Distributed in a manner as set forth in paragraphs (1) and (3) of Article 2.9) to any third party, provided that the Developer shall comply with both of the following conditions:
The Developer shall not make any modification to the Derivative Work of the Source Code, including the Distribution ucode assigned thereto, when re-Distributing the Derivative Work of the Source Code; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the Derivative Work of the Source Code.
to re-Distribute, whether with or without payment, the Derivative Work of the Source Code modified by the Developer itself pursuant to the paragraph (1) above based upon the Derivative Work of the Source Code Distributed hereunder (excluding the Derivative Work of the Source Code Distributed in a manner as set forth in paragraphs (1) and (3) of Article 2.9) to any third party, provided that the Developer shall comply with all the following conditions:
The Developer shall register the modified Derivative Work of the Source Code into the Traceability Service and obtain the Distribution ucode to be assigned thereto; and
The Developer shall provide this License Agreement to said third party and require said third party to comply with the terms and conditions set forth herein when re-Distributing the modified Derivative Work of the Source Code.
to make the Embedded Product available to the End User with the use of the Derivative Work of the Source Code Distributed by the other Developer under the same conditions as set forth in Article 3.6.
The Developer who has created the Derivative Work of the Source Code may decide at its own discretion not to permit the other Developer to perform the acts set forth in paragraphs (1) through (5) of Article 3.3 when the said other Developer uses the said Derivative Work of the Source Code.
In the case where part of the source program Distributed under the T-License or μT-License (hereinafter called the "Existing License Agreement"), which specifies the terms and conditions of use applicable to the Source Code and was made by TRON Forum before commencement of this License Agreement, is included into the modified part of the Derivative Work of the Source Code by the Developer, the said Derivative Work of the Source Code shall be Distributed in accordance with the terms and conditions set forth in this License Agreement. Provided, however, that the said Developer may select to Distribute the said Derivative Work of the Source Code under the terms and conditions set forth in the Existing License Agreement.
The Developer shall be obligated to give a notice that the Source Code is used, in such a way as separately established by TRON Forum, when they use the Source Code or the Derivative Work of the Source Code, or make the Binary Code available to the End User on the Embedded Product. Provided, however, that the Developer shall be released from the obligation to give a notice under this Article in the event of the following:
The Developer, who is a member of TRON Forum, applies for said release to TRON Forum in a manner separately determined by TRON Forum.
The Developer receives the Source Code or the Derivative Work of the Source Code which is exempted from the obligation to give a notice under the preceding paragraph, or the Embedded Product using the said Source Code or the said Derivative Work of the Source Code.
Article 4. Partial Non-exercise of Rights
Any copyright holder of the Source Code or the Derivative Work of the Source Code shall not exercise its copyrights with respect to any person's act of using the Source Code or the Derivative Work of the Source Code in accordance with this License Agreement.
Any author of the Source Code or the Derivative Work of the Source Code shall not exercise its right to maintain the integrity provided for in Article 20 of the Copyright Act with respect to any person's act of using the Source Code or the Derivative Work of the Source Code in accordance with this License Agreement.
Article 5. Use for Other Purpose
Any use of the Source Code or the Derivative Work of the Source Code other than those stipulated in Articles 3 shall be subject to the prior approval of TRON Forum.
Article 6. Limited Warranty
TRON Forum warrants that the Source Code for which TRON Forum owns the copyrights does not infringe upon third party's copyrights and Ken Sakamura warrants that the Source Code for which Ken Sakamura owns the copyrights does not infringe upon third party's copyrights.
Neither TRON Forum nor Ken Sakamura warrants that the Source Code other than those set forth in the preceding Article does not infringe upon third party's copyrights.
Neither TRON Forum nor the copyright holder of the Source Code warrants that the Source Code will fit for any particular purpose of the Source Code User.
Neither TRON Forum nor the copyright holder of the Source Code warrants that the Source Code does not infringe upon any third party's industrial property rights. In no event shall TRON Forum and the copyright holder of the Source Code be liable for any dispute which may arise between the Source Code User and a third party in connection with the third party's industrial property rights.
Article 7. Indemnity
Neither TRON Forum nor the copyright holder of the Source Code shall be liable for any damages (including, but not limited to, damages resulting from loss of profit, business interruption, loss of business information or any other pecuniary damage) arising out of use or impossibility of use of the Source Code, even if TRON Forum and the copyright holder have been informed of the possibility of such damages.
Article 8. Severability
In the event that any provision of this License Agreement is held invalid, illegal or unenforceable by Japanese court, that will not render invalid, illegal or unenforceable the remaining provisions of this License Agreement, the validity, legality or enforceability of this License Agreement shall not be affected.
Article 9. Breach of Agreement
In case of breach of this License Agreement, TRON Forum shall have the breaching person remedy such a breach and take measures on the ground of copyright infringement against the person regardless of whether or not the said person is a member of TRON Forum.
In case of breach of this License Agreement by a member of TRON Forum, TRON Forum may take appropriate measures against the member; for example, the member is disqualified from membership, depending on what kind of breach has been committed by it.
Any legal dispute which may arise in relation to any breach of this License Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 10. Governing Law and Language
The formation, validity and performance of this License Agreement shall be, in all aspects, governed by and interpreted under the laws of Japan.
This License Agreement is executed in both a Japanese text and English text. This License Agreement may be prepared in any language other than Japanese for the purpose of reference, provided, however, that the Japanese text shall govern the interpretation of this License Agreement.
T-License for AMP T-Kernel [License Agreement for Source Code of AMP T-Kernel]
established by T-Engine Forum
on March 24, 2009
Article 1 Scope of Agreement
This Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of AMP T-Kernel distributed by T-Engine Forum and any derivative work created therefrom.
Article 2 Copyrights and Terms and Conditions of Use
The copyrights and the terms and conditions of use under this Agreement shall be subject to the provisions of the T-License established by T-Engine Forum on January 23, 2004.
If the T-License referred to in the preceding paragraph has been revised, this Agreement shall be subject to the provisions of the T-License as revised.
T-License for AMP T-Kernel Standard Extension [License Agreement for Source Code of AMP T-Kernel Standard Extension]
established by T-Engine Forum
on March 24, 2009
Article 1 Scope of Agreement
This Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of AMP T-Kernel Standard Extension distributed by T-Engine Forum and any derivative work created therefrom.
Article 2 Copyrights and Terms and Conditions of Use
The copyrights and the terms and conditions of use under this Agreement shall be subject to the provisions of the T-License established by T-Engine Forum on January 23, 2004.
If the T-License referred to in the preceding paragraph has been revised, this Agreement shall be subject to the provisions of the T-License as revised.
T-License for SMP T-Kernel [License Agreement for Source Code of SMP T-Kernel]
established by T-Engine Forum
on March 24, 2009
Article 1 Scope of Agreement
This Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of SMP T-Kernel distributed by T-Engine Forum and any derivative work created therefrom.
Article 2 Copyrights and Terms and Conditions of Use
The copyrights and the terms and conditions of use under this Agreement shall be subject to the provisions of the T-License established by T-Engine Forum on January 23, 2004.
If the T-License referred to in the preceding paragraph has been revised, this Agreement shall be subject to the provisions of the T-License as revised.
T-License for SMP T-Kernel Standard Extension [License Agreement for Source Code of SMP T-Kernel Standard Extension]
established by T-Engine Forum
on March 24, 2009
Article 1 Scope of Agreement
This Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of SMP T-Kernel Standard Extension distributed by T-Engine Forum and any derivative work created therefrom.
Article 2 Copyrights and Terms and Conditions of Use
The copyrights and the terms and conditions of use under this Agreement shall be subject to the provisions of the T-License established by T-Engine Forum on January 23, 2004.
If the T-License referred to in the preceding paragraph has been revised, this Agreement shall be subject to the provisions of the T-License as revised.
T-License for T-Kernel Standard Extension [License Agreement for Source Code of T-Kernel Standard Extension]
established by T-Engine Forum
on August 4, 2006
Article 1 Scope of Agreement
This Agreement sets forth copyrights and the terms and conditions of use applicable to the source code of T-Kernel Standard Extension distributed by T-Engine Forum and any derivative work created therefrom.
Article 2 Copyrights and Terms and Conditions of Use
The copyrights and the terms and conditions of use under this Agreement shall be subject to the provisions of the T-License established by T-Engine Forum on January 23, 2004.
If the T-License referred to in the preceding paragraph has been revised, this Agreement shall be subject to the provisions of the T-License as revised.
Permission to use, copy, modify, and distribute this software
and its documentation for any purpose is hereby granted
without fee, provided that the following conditions are met:
One retains the entire copyright notice properly, and both the
copyright notice and this license. in the documentation and/or
other materials provided with the distribution.
This software and the name of the author must not be used to
endorse or promote products derived from this software without
prior written permission.
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESSED OR IMPLIED
WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
IN NO EVENT SHALL THE AUTHOR TAKAO ABE BE LIABLE FOR ANY DIRECT,
INDIRECT, GENERAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
( INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS
INTERRUPTION ) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ( INCLUDING
NEGLIGENCE OR OTHERWISE ) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. */
This driver is developed in my private time, and is opened as
voluntary contributions for the NTP.
The manufacturer of the JJY receiver has not participated in
a development of this driver.
The manufacturer does not warrant anything about this driver,
and is not liable for anything about this driver.
You may use, copy, modify and distribute this code for any purpose (include
commercial use) and without fee. Please refer to this package when you modify
this code.
The original version of this source code and documentation
is copyrighted and owned by Taligent, Inc., a wholly-owned
subsidiary of IBM. These materials are provided under terms
of a License Agreement between Taligent and Sun. This technology
is protected by multiple US and International patents.
This notice and attribution to Taligent may not be removed.
Taligent is a registered trademark of Taligent, Inc.
Tanuki Software, Inc.
Community Software License Agreement
Version 1.0
IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement
between you and Tanuki Software, Inc.("TSI"), which includes computer
software, associated media, printed materials, and may include online
or electronic documentation ( Software ). PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE
ACCOMPANYING THIS PACKAGE.
Section 1 - Grant of License
Community editions of the Software are made available on the GNU
General Public License, Version 2 ("GPLv2"), included in Section 3 of
this license document. All sections of the Community Software License
Agreement must be complied with in addition to those of the GPLv2.
Section 2 - Your Obligations
A copy of this license must be distributed in full with the Product
in a location that is obvious to Your customers. The Software
Program may not be modified, nor may the Product in any way obfuscate
or obstruct the copyright notice and license information displayed in
the console and log files by the Software Program on startup.
Section 3 - GPLv2 License Agreement
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of
this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share and
change free software--to make sure the software is free for all
its users. This General Public License applies to most of the Free
Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive source code
or can get it if you want it, that you can change the software or
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To protect your rights, we need to make restrictions that forbid
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for you if you distribute copies of the software, or if you modify
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For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights
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We protect your rights with two steps:
(1) copyright the software, and
(2) offer you this license which gives you legal permission to
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Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty for
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Finally, any free program is threatened constantly by software
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The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this General Public License. The
"Program", below, refers to any such program or work, and a "work
based on the Program" means either the Program or any derivative
work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation
is included without limitation in the term "modification".) Each
licensee is addressed as "you".
Activities other than copying, distribution and modification are
not covered by this License; they are outside its scope. The act
of running the Program is not restricted, and the output from the
Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the
Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an
appropriate copyright notice and disclaimer of warranty; keep
intact all the notices that refer to this License and to the
absence of any warranty; and give any other recipients of the
Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy,
and you may at your option offer warranty protection in exchange
for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and copy
and distribute such modifications or work under the terms of
Section 1 above, provided that you also meet all of these
conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
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License. (Exception: if the Program itself is interactive but does
not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and separate
works in themselves, then this License, and its terms, do not
apply to those sections when you distribute them as separate works.
But when you distribute the same sections as part of a whole which
is a work based on the Program, the distribution of the whole must
be on the terms of this License, whose permissions for other
licensees extend to the entire whole, and thus to each and every
part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or
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intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on
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other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software
interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work
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If distribution of executable or object code is made by offering
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compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights,
from you under this License will not have their licenses
terminated so long as such parties remain in full compliance.
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or distribute the Program or its derivative works. These actions
are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this
License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
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the Program), the recipient automatically receives a license from
the original licensor to copy, distribute or modify the Program
subject to these terms and conditions. You may not impose any
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granted herein. You are not responsible for enforcing compliance
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7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the
Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who
receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply
in other circumstances.
It is not the purpose of this section to induce you to infringe
any patents or other property right claims or to contest validity
of any such claims; this section has the sole purpose of
protecting the integrity of the free software distribution system,
which is implemented by public license practices. Many people have
made generous contributions to the wide range of software
distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide
if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only
in or among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies
to it and "any later version", you have the option of following
the terms and conditions either of that version or of any later
version published by the Free Software Foundation. If the Program
does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different, write
to the author to ask for permission. For software which is
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decision will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting
the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Section 4 - 3rd Party Components
(1) The Software Program includes software and documentation components
developed in part by Silver Egg Technology, Inc.("SET") prior to
2001. All SET components were released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sub-license, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Tanuki Software, Ltd.
Community Software License Agreement
Version 1.1
IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement
between you ("Licensee") and Tanuki Software, Ltd. ("TSI"), which
includes computer software, associated media, printed materials, and
may include online or electronic documentation ( Software ). PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR
USE THE SOFTWARE ACCOMPANYING THIS PACKAGE.
Section 1 - Grant of License
Community editions of the Software are made available on the GNU
General Public License, Version 2 ("GPLv2"), included in Section 4 of
this license document. All sections of the Community Software License
Agreement must be complied with in addition to those of the GPLv2.
Section 2 - Definitions
2.1. "Community Edition" shall mean versions of the Software Program
distributed in source form under this license agreement, and all new
releases, corrections, enhancements and updates to the Software
Program, which TSI makes generally available under this agreement.
2.2. "Documentation" shall mean the contents of the website
describing the functionality and use of the Software Program, located
at http://wrapper.tanukisoftware.org
2.3. "Product" shall mean the computer programs, that are provided by
Licensee to Licensee customers or potential customers, and that
contain both the Software Program as a component of the Product, and a
component or components (other than the Software Program) that provide
the material functionality of the Product. If the Product is released
in source form, the Software Program or any of its components may only
be included in executable form.
2.4. "Software Program" shall mean the computer software and license
file provided by TSI under this Agreement, including all new releases,
corrections, enhancements and updates to such computer software, which
TSI makes generally available and which Licensee receive pursuant to
Licensee subscription to TSIMS. Some specific features or platforms
may not be enabled if they do not fall under the feature set(s)
covered by the specific license fees paid.
2.5 "End User" shall mean the customers of the Licensee or any
recipient of the Product whether or not any payment is made to use
the Product.
Section 3 - Licensee Obligations
A copy of this license must be distributed in full with the Product
in a location that is obvious to any End User.
In accordance with Section 4, the full source code of all components
of the Product must be made available to any and all End Users.
Licensee may extend and/or modify the Software Program and distribute
under the terms of this agreement provided that the copyright notice
and license information displayed in the console and log files are
not obfuscated or obstructed in any way.
Section 4 - GPLv2 License Agreement
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of
this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share and
change free software--to make sure the software is free for all
its users. This General Public License applies to most of the Free
Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive source code
or can get it if you want it, that you can change the software or
use pieces of it in new free programs; and that you know you can
do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities
for you if you distribute copies of the software, or if you modify
it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights
that you have. You must make sure that they, too, receive or can
get the source code. And you must show them these terms so they
know their rights.
We protect your rights with two steps:
(1) copyright the software, and
(2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty for
this free software. If the software is modified by someone else
and passed on, we want its recipients to know that what they have
is not the original, so that any problems introduced by others
will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making
the program proprietary. To prevent this, we have made it clear
that any patent must be licensed for everyone's free use or not
licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this General Public License. The
"Program", below, refers to any such program or work, and a "work
based on the Program" means either the Program or any derivative
work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation
is included without limitation in the term "modification".) Each
licensee is addressed as "you".
Activities other than copying, distribution and modification are
not covered by this License; they are outside its scope. The act
of running the Program is not restricted, and the output from the
Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the
Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an
appropriate copyright notice and disclaimer of warranty; keep
intact all the notices that refer to this License and to the
absence of any warranty; and give any other recipients of the
Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy,
and you may at your option offer warranty protection in exchange
for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and copy
and distribute such modifications or work under the terms of
Section 1 above, provided that you also meet all of these
conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but does
not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and separate
works in themselves, then this License, and its terms, do not
apply to those sections when you distribute them as separate works.
But when you distribute the same sections as part of a whole which
is a work based on the Program, the distribution of the whole must
be on the terms of this License, whose permissions for other
licensees extend to the entire whole, and thus to each and every
part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the
other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software
interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work
for making modifications to it. For an executable work, complete
source code means all the source code for all modules it contains,
plus any associated interface definition files, plus the scripts
used to control compilation and installation of the executable.
However, as a special exception, the source code distributed need
not include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the executable
runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights,
from you under this License will not have their licenses
terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify
or distribute the Program or its derivative works. These actions
are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this
License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on
the Program), the recipient automatically receives a license from
the original licensor to copy, distribute or modify the Program
subject to these terms and conditions. You may not impose any
further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance
by third parties to this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the
Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who
receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply
in other circumstances.
It is not the purpose of this section to induce you to infringe
any patents or other property right claims or to contest validity
of any such claims; this section has the sole purpose of
protecting the integrity of the free software distribution system,
which is implemented by public license practices. Many people have
made generous contributions to the wide range of software
distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide
if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only
in or among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies
to it and "any later version", you have the option of following
the terms and conditions either of that version or of any later
version published by the Free Software Foundation. If the Program
does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different, write
to the author to ask for permission. For software which is
copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this. Our
decision will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting
the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Section 4 - 3rd Party Components
(1) The Software Program includes software and documentation components
developed in part by Silver Egg Technology, Inc.("SET") prior to 2001
and released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sub-license, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Tanuki Software, Ltd.
Community Software License Agreement
Version 1.2
IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement
between you ("Licensee") and Tanuki Software, Ltd. ("TSI"), which
includes computer software, associated media, printed materials, and
may include online or electronic documentation ( Software ). PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR
USE THE SOFTWARE ACCOMPANYING THIS PACKAGE.
Section 1 - Grant of License
Community editions of the Software are made available on the GNU
General Public License, Version 2 ("GPLv2"), included in Section 4 of
this license document. All sections of the Community Software License
Agreement must be complied with in addition to those of the GPLv2.
Section 2 - Definitions
2.1. "Community Edition" shall mean versions of the Software Program
distributed in source form under this license agreement, and all new
releases, corrections, enhancements and updates to the Software
Program, which TSI makes generally available under this agreement.
2.2. "Documentation" shall mean the contents of the website
describing the functionality and use of the Software Program, located
at http://wrapper.tanukisoftware.org
2.3. "Product" shall mean the computer programs, that are provided by
Licensee to Licensee customers or potential customers, and that
contain both the Software Program as a component of the Product, and a
component or components (other than the Software Program) that provide
the material functionality of the Product. If the Product is released
in source form, the Software Program or any of its components may only
be included in executable form.
2.4. "Software Program" shall mean the computer software and license
file provided by TSI under this Agreement, including all new releases,
corrections, enhancements and updates to such computer software, which
TSI makes generally available and which Licensee receive pursuant to
Licensee subscription to TSIMS. Some specific features or platforms
may not be enabled if they do not fall under the feature set(s)
covered by the specific license fees paid.
2.5 "End User" shall mean the customers of the Licensee or any
recipient of the Product whether or not any payment is made to use
the Product.
Section 3 - Licensee Obligations
A copy of this license must be distributed in full with the Product
in a location that is obvious to any End User.
In accordance with Section 4, the full source code of all components
of the Product must be made available to any and all End Users.
Licensee may extend and/or modify the Software Program and distribute
under the terms of this agreement provided that the copyright notice
and license information displayed in the console and log files are
not obfuscated or obstructed in any way.
Section 4 - GPLv2 License Agreement
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of
this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share and
change free software--to make sure the software is free for all
its users. This General Public License applies to most of the Free
Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive source code
or can get it if you want it, that you can change the software or
use pieces of it in new free programs; and that you know you can
do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities
for you if you distribute copies of the software, or if you modify
it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights
that you have. You must make sure that they, too, receive or can
get the source code. And you must show them these terms so they
know their rights.
We protect your rights with two steps:
(1) copyright the software, and
(2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty for
this free software. If the software is modified by someone else
and passed on, we want its recipients to know that what they have
is not the original, so that any problems introduced by others
will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making
the program proprietary. To prevent this, we have made it clear
that any patent must be licensed for everyone's free use or not
licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this General Public License. The
"Program", below, refers to any such program or work, and a "work
based on the Program" means either the Program or any derivative
work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation
is included without limitation in the term "modification".) Each
licensee is addressed as "you".
Activities other than copying, distribution and modification are
not covered by this License; they are outside its scope. The act
of running the Program is not restricted, and the output from the
Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the
Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an
appropriate copyright notice and disclaimer of warranty; keep
intact all the notices that refer to this License and to the
absence of any warranty; and give any other recipients of the
Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy,
and you may at your option offer warranty protection in exchange
for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and copy
and distribute such modifications or work under the terms of
Section 1 above, provided that you also meet all of these
conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but does
not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and separate
works in themselves, then this License, and its terms, do not
apply to those sections when you distribute them as separate works.
But when you distribute the same sections as part of a whole which
is a work based on the Program, the distribution of the whole must
be on the terms of this License, whose permissions for other
licensees extend to the entire whole, and thus to each and every
part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the
other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software
interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work
for making modifications to it. For an executable work, complete
source code means all the source code for all modules it contains,
plus any associated interface definition files, plus the scripts
used to control compilation and installation of the executable.
However, as a special exception, the source code distributed need
not include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the executable
runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights,
from you under this License will not have their licenses
terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify
or distribute the Program or its derivative works. These actions
are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this
License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on
the Program), the recipient automatically receives a license from
the original licensor to copy, distribute or modify the Program
subject to these terms and conditions. You may not impose any
further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance
by third parties to this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the
Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who
receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply
in other circumstances.
It is not the purpose of this section to induce you to infringe
any patents or other property right claims or to contest validity
of any such claims; this section has the sole purpose of
protecting the integrity of the free software distribution system,
which is implemented by public license practices. Many people have
made generous contributions to the wide range of software
distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide
if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only
in or among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies
to it and "any later version", you have the option of following
the terms and conditions either of that version or of any later
version published by the Free Software Foundation. If the Program
does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different, write
to the author to ask for permission. For software which is
copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this. Our
decision will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting
the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Section 4 - 3rd Party Components
(1) The Software Program includes software and documentation components
developed in part by Silver Egg Technology, Inc.("SET") prior to 2001
and released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sub-license, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Tanuki Software, Ltd.
Community Software License Agreement
Version 1.3
IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement
between you ("Licensee") and Tanuki Software, Ltd. ("TSI"), which
includes computer software, associated media, printed materials, and
may include online or electronic documentation ( Software ). PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR
USE THE SOFTWARE ACCOMPANYING THIS PACKAGE.
Section 1 - Grant of License
Community editions of the Software are made available on the GNU
General Public License, Version 2 ("GPLv2") or Version 3 ("GPLv3"),
included in Sections 4 and 5 of this license document. All sections
of the Community Software License Agreement must be complied with in
addition to those of either the GPLv2 or GPLv3. This license allows
the Software Program to be used with Products that are released under
either GPLv2 or GPLv3.
Section 2 - Definitions
2.1. "Community Edition" shall mean versions of the Software Program
distributed in source form under this license agreement, and all new
releases, corrections, enhancements and updates to the Software
Program, which TSI makes generally available under this agreement.
2.2. "Documentation" shall mean the contents of the website
describing the functionality and use of the Software Program, located
at http://wrapper.tanukisoftware.org
2.3. "Product" shall mean the computer programs, that are provided by
Licensee to Licensee customers or potential customers, and that
contain both the Software Program as a component of the Product, and a
component or components (other than the Software Program) that provide
the material functionality of the Product. If the Product is released
in source form, the Software Program or any of its components may only
be included in executable form.
2.4. "Software Program" shall mean the computer software and license
file provided by TSI under this Agreement, including all new releases,
corrections, enhancements and updates to such computer software, which
TSI makes generally available and which Licensee receive pursuant to
Licensee subscription to TSIMS. Some specific features or platforms
may not be enabled if they do not fall under the feature set(s)
covered by the specific license fees paid.
2.5 "End User" shall mean the customers of the Licensee or any
recipient of the Product whether or not any payment is made to use
the Product.
Section 3 - Licensee Obligations
A copy of this license must be distributed in full with the Product
in a location that is obvious to any End User.
In accordance with Section 4, the full source code of all components
of the Product must be made available to any and all End Users.
Licensee may extend and/or modify the Software Program and distribute
under the terms of this agreement provided that the copyright notice
and license information displayed in the console and log files are
not obfuscated or obstructed in any way.
Section 4 - GPLv2 License Agreement
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of
this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share and
change free software--to make sure the software is free for all
its users. This General Public License applies to most of the Free
Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive source code
or can get it if you want it, that you can change the software or
use pieces of it in new free programs; and that you know you can
do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities
for you if you distribute copies of the software, or if you modify
it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights
that you have. You must make sure that they, too, receive or can
get the source code. And you must show them these terms so they
know their rights.
We protect your rights with two steps:
(1) copyright the software, and
(2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty for
this free software. If the software is modified by someone else
and passed on, we want its recipients to know that what they have
is not the original, so that any problems introduced by others
will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making
the program proprietary. To prevent this, we have made it clear
that any patent must be licensed for everyone's free use or not
licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this General Public License. The
"Program", below, refers to any such program or work, and a "work
based on the Program" means either the Program or any derivative
work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation
is included without limitation in the term "modification".) Each
licensee is addressed as "you".
Activities other than copying, distribution and modification are
not covered by this License; they are outside its scope. The act
of running the Program is not restricted, and the output from the
Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the
Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an
appropriate copyright notice and disclaimer of warranty; keep
intact all the notices that refer to this License and to the
absence of any warranty; and give any other recipients of the
Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy,
and you may at your option offer warranty protection in exchange
for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and copy
and distribute such modifications or work under the terms of
Section 1 above, provided that you also meet all of these
conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but does
not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and separate
works in themselves, then this License, and its terms, do not
apply to those sections when you distribute them as separate works.
But when you distribute the same sections as part of a whole which
is a work based on the Program, the distribution of the whole must
be on the terms of this License, whose permissions for other
licensees extend to the entire whole, and thus to each and every
part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the
other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software
interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work
for making modifications to it. For an executable work, complete
source code means all the source code for all modules it contains,
plus any associated interface definition files, plus the scripts
used to control compilation and installation of the executable.
However, as a special exception, the source code distributed need
not include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the executable
runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights,
from you under this License will not have their licenses
terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify
or distribute the Program or its derivative works. These actions
are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this
License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on
the Program), the recipient automatically receives a license from
the original licensor to copy, distribute or modify the Program
subject to these terms and conditions. You may not impose any
further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance
by third parties to this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the
Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who
receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply
in other circumstances.
It is not the purpose of this section to induce you to infringe
any patents or other property right claims or to contest validity
of any such claims; this section has the sole purpose of
protecting the integrity of the free software distribution system,
which is implemented by public license practices. Many people have
made generous contributions to the wide range of software
distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide
if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only
in or among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies
to it and "any later version", you have the option of following
the terms and conditions either of that version or of any later
version published by the Free Software Foundation. If the Program
does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different, write
to the author to ask for permission. For software which is
copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this. Our
decision will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting
the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Section 5 - GPLv3 License Agreement
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright c 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of
this license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for
software and other kinds of works.
The licenses for most software and other practical works are
designed to take away your freedom to share and change the works.
By contrast, the GNU General Public License is intended to
guarantee your freedom to share and change all versions of a
program--to make sure it remains free software for all its users.
We, the Free Software Foundation, use the GNU General Public
License for most of our software; it applies also to any other
work released this way by its authors. You can apply it to your
programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for them if you wish), that you receive source code or can
get it if you want it, that you can change the software or use
pieces of it in new free programs, and that you know you can do
these things.
To protect your rights, we need to prevent others from denying you
these rights or asking you to surrender the rights. Therefore, you
have certain responsibilities if you distribute copies of the
software, or if you modify it: responsibilities to respect the
freedom of others.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must pass on to the recipients the same
freedoms that you received. You must make sure that they, too,
receive or can get the source code. And you must show them these
terms so they know their rights.
Developers that use the GNU GPL protect your rights with two
steps: (1) assert copyright on the software, and (2) offer you
this License giving you legal permission to copy, distribute
and/or modify it.
For the developers' and authors' protection, the GPL clearly
explains that there is no warranty for this free software. For
both users' and authors' sake, the GPL requires that modified
versions be marked as changed, so that their problems will not be
attributed erroneously to authors of previous versions.
Some devices are designed to deny users access to install or run
modified versions of the software inside them, although the
manufacturer can do so. This is fundamentally incompatible with
the aim of protecting users' freedom to change the software. The
systematic pattern of such abuse occurs in the area of products
for individuals to use, which is precisely where it is most
unacceptable. Therefore, we have designed this version of the GPL
to prohibit the practice for those products. If such problems
arise substantially in other domains, we stand ready to extend
this provision to those domains in future versions of the GPL, as
needed to protect the freedom of users.
Finally, every program is threatened constantly by software
patents. States should not allow patents to restrict development
and use of software on general-purpose computers, but in those
that do, we wish to avoid the special danger that patents applied
to a free program could make it effectively proprietary. To
prevent this, the GPL assures that patents cannot be used to
render the program non-free.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU General Public
License.
"Copyright" also means copyright-like laws that apply to other
kinds of works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the
work in a fashion requiring copyright permission, other than the
making of an exact copy. The resulting work is called a "modified
version" of the earlier work or a work "based on" the earlier
work.
A "covered work" means either the unmodified Program or a work
based on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it
on a computer or modifying a private copy. Propagation includes
copying, distribution (with or without modification), making
available to the public, and in some countries other activities as
well.
To "convey" a work means any kind of propagation that enables
other parties to make or receive copies. Mere interaction with a
user through a computer network, with no transfer of a copy, is
not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently
visible feature that (1) displays an appropriate copyright notice,
and (2) tells the user that there is no warranty for the work
(except to the extent that warranties are provided), that
licensees may convey the work under this License, and how to view
a copy of this License. If the interface presents a list of user
commands or options, such as a menu, a prominent item in the list
meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
form of a work.
A "Standard Interface" means an interface that either is an
official standard defined by a recognized standards body, or, in
the case of interfaces specified for a particular programming
language, one that is widely used among developers working in that
language.
The "System Libraries" of an executable work include anything,
other than the work as a whole, that (a) is included in the normal
form of packaging a Major Component, but which is not part of that
Major Component, and (b) serves only to enable use of the work
with that Major Component, or to implement a Standard Interface
for which an implementation is available to the public in source
code form. A "Major Component", in this context, means a major
essential component (kernel, window system, and so on) of the
specific operating system (if any) on which the executable work
runs, or a compiler used to produce the work, or an object code
interpreter used to run it.
The "Corresponding Source" for a work in object code form means
all the source code needed to generate, install, and (for an
executable work) run the object code and to modify the work,
including scripts to control those activities. However, it does
not include the work's System Libraries, or general-purpose tools
or generally available free programs which are used unmodified in
performing those activities but which are not part of the work.
For example, Corresponding Source includes interface definition
files associated with source files for the work, and the source
code for shared libraries and dynamically linked subprograms that
the work is specifically designed to require, such as by intimate
data communication or control flow between those subprograms and
other parts of the work.
The Corresponding Source need not include anything that users can
regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running
a covered work is covered by this License only if the output,
given its content, constitutes a covered work. This License
acknowledges your rights of fair use or other equivalent, as
provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise
remains in force. You may convey covered works to others for the
sole purpose of having them make modifications exclusively for
you, or provide you with facilities for running those works,
provided that you comply with the terms of this License in
conveying all material for which you do not control copyright.
Those thus making or running the covered works for you must do
so exclusively on your behalf, under your direction and control,
on terms that prohibit them from making any copies of your
copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section
10 makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under
article 11 of the WIPO copyright treaty adopted on 20 December
1996, or similar laws prohibiting or restricting circumvention of
such measures.
When you convey a covered work, you waive any legal power to
forbid circumvention of technological measures to the extent such
circumvention is effected by exercising rights under this License
with respect to the covered work, and you disclaim any intention
to limit operation or modification of the work as a means of
enforcing, against the work's users, your or third parties' legal
rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright
notice; keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the
code; keep intact all notices of the absence of any warranty;
and give all recipients a copy of this License along with the
Program.
You may charge any price or no price for each copy that you
convey, and you may offer support or warranty protection for a
fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications
to produce it from the Program, in the form of source code under
the terms of section 4, provided that you also meet all of these
conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
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6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the machine-
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(including a physical distribution medium), accompanied by the
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customarily used for software interchange.
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long as you offer spare parts or customer support for that product
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copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the Corresponding
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c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
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or key for unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of
this License by making exceptions from one or more of its
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entire Program shall be treated as though they were included in
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that part may be used separately under those permissions, but the
entire Program remains governed by this License without regard to
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author attributions in that material or in the Appropriate Legal
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you received it, or any part of it, contains a notice stating that
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the above requirements apply either way.
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You may not propagate or modify a covered work except as expressly
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under this License (including any patent licenses granted under
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However, if you cease all violation of this License, then your
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and finally terminates your license, and (b) permanently, if the
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Moreover, your license from a particular copyright holder is
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violation by some reasonable means, this is the first time you
have received notice of violation of this License (for any work)
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days after your receipt of the notice.
Termination of your rights under this section does not terminate
the licenses of parties who have received copies or rights from
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not permanently reinstated, you do not qualify to receive new
licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
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occurring solely as a consequence of using peer-to-peer
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10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
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You may not impose any further restrictions on the exercise of the
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initiate litigation (including a cross-claim or counterclaim in a
lawsuit) alleging that any patent claim is infringed by making,
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portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under
this License of the Program or a work on which the Program is
based. The work thus licensed is called the contributor's
"contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired
or hereafter acquired, that would be infringed by some manner,
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Each contributor grants you a non-exclusive, worldwide, royalty-
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In the following three paragraphs, a "patent license" is any
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If you convey a covered work, knowingly relying on a patent
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readily accessible means, then you must either (1) cause the
Corresponding Source to be so available, or (2) arrange to deprive
yourself of the benefit of the patent license for this particular
work, or (3) arrange, in a manner consistent with the requirements
of this License, to extend the patent license to downstream
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that, but for the patent license, your conveying the covered work
in a country, or your recipient's use of the covered work in a
country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of,
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patent license you grant is automatically extended to all
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A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that
are specifically granted under this License. You may not convey a
covered work if you are a party to an arrangement with a third
party that is in the business of distributing software, under
which you make payment to the third party based on the extent of
your activity of conveying the work, and under which the third
party grants, to any of the parties who would receive the covered
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with copies of the covered work conveyed by you (or copies made
from those copies), or (b) primarily for and in connection with
specific products or compilations that contain the covered work,
unless you entered into that arrangement, or that patent license
was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or
limiting any implied license or other defenses to infringement
that may otherwise be available to you under applicable patent
law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order,
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License, they do not excuse you from the conditions of this
License. If you cannot convey a covered work so as to satisfy
simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may not convey it
at all. For example, if you agree to terms that obligate you to
collect a royalty for further conveying from those to whom you
convey the Program, the only way you could satisfy both those
terms and this License would be to refrain entirely from conveying
the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work
licensed under version 3 of the GNU Affero General Public License
into a single combined work, and to convey the resulting work. The
terms of this License will continue to apply to the part which is
the covered work, but the special requirements of the GNU Affero
General Public License, section 13, concerning interaction through
a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new
versions of the GNU General Public License from time to time. Such
new versions will be similar in spirit to the present version, but
may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU
General Public License "or any later version" applies to it, you
have the option of following the terms and conditions either of
that numbered version or of any later version published by the
Free Software Foundation. If the Program does not specify a
version number of the GNU General Public License, you may choose
any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU General Public License can be used, that
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authorizes you to choose that version for the Program.
Later license versions may give you additional or different
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author or copyright holder as a result of your choosing to follow
a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES
AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA
BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely
approximates an absolute waiver of all civil liability in
connection with the Program, unless a warranty or assumption of
liability accompanies a copy of the Program in return for a fee.
Section 6 - 3rd Party Components
(1) The Software Program includes software and documentation components
developed in part by Silver Egg Technology, Inc.("SET") prior to 2001
and released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sub-license, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Tanuki Software, Ltd.
Development Software License Agreement
Version 1.3
IMPORTANT-READ CAREFULLY: This License Agreement is a legal agreement
between you ("Licensee") and Tanuki Software, Ltd. ("TSI"), under
which TSI grants licenses with respect to computer software,
associated media, printed materials, and may include online or
electronic documentation. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
YOU INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE ACCOMPANYING THIS
PACKAGE. BY INSTALLING, COPYING, DOWNLOADING OR USING THE SOFTWARE,
YOU, ON BEHALF OF YOURSELF AND/OR THE BUSINESS YOU REPRESENT, AGREE TO
BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING ALL
TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE. The Licensee
may optionally request that this agreement be signed by both parties:
License Agreement Number: TSILA-____________
Pursuant to this DEVELOPMENT SOFTWARE LICENSE AGREEMENT (the
"Agreement") dated this __th day of ______, 20__ (the "Effective
Date"), _____________________ ("Licensee") and Tanuki Software, Ltd.
("TSI") agree to the following terms and conditions:
Section 1 - Grant of License
Effective upon the payment of the license fees presented in Exhibit 1,
TSI grants to Licensee a non-exclusive, non-transferable,
non-sublicensable right and license to use, reproduce, display, sell,
lease, distribute and transfer copies, directly or indirectly, of the
Software Program and documentation, in executable code form only, as
parts of Licensee Products within the Product Group(s) defined in
Exhibit 1, for the purposes of marketing such Products to Licensee
customers and for internal development of Products, during the period
Licensee's subscription of the TSIMS (as defined in Section 5)
effectively continues. Licensee may continue to market and
distribute Product Versions containing the Software Program so long as
such Product Versions have been completely developed by the end of the
period Licensee's subscription of the TSIMS is active; provided
however that under no circumstances may Licensee develop or continue
to develop any new Product, or new Product Version, using or
containing the Software Program after Licensee discontinues
subscription of TSIMS. Licensee may not, under any circumstances,
distribute or resell the Software Program as a stand-alone product,
nor use the Software Program to create any Product to directly compete
with the Software Program.
Where the Licensee qualifies as a Small Business, as defined in
Section 2.5, the Product Group restriction is removed and all Licensee
Products will be covered by this agreement.
Section 2 - Definitions
2.1. "Community Edition" shall mean versions of the Software Program
distributed in source form under the Tanuki Software, Ltd. Community
Software License Agreement (CSLA), and all new releases, corrections,
enhancements and updates to the Software Program, which TSI makes
generally available under the CSLA.
2.2. "Documentation" shall mean the contents of the website describing
the functionality and use of the Software Program, located at
http://wrapper.tanukisoftware.org
2.3. "Product" shall mean the computer programs, that are provided by
Licensee to Licensee customers or potential customers, and that
contain both the Software Program as a component of the Product, and a
component or components (other than the Software Program) that provide
the material functionality of the Product. If the Product is released
in source form, the Software Program or any of its components may only
be included in executable form.
2.4 "Product Version" shall mean a specific distribution or release of
a Product. Any modifications to the distribution or release which
include changes to program functionality or updated included modules
or libraries constitute a new Product Version.
2.4 "Product Group" shall mean one or more Products or Product
components which are designed as components of a common project,
product, or product suite.
2.5 "Small Business" shall mean a company or organization with less
than 100 employees and annual sales of less than 5 million USD, 4
million EUR, or 400 million JPY, depending on the currency used to
purchase the Software Program, unless otherwise qualified in
Exhibit 1.
2.6. "Software Program" shall mean the computer software and license
file provided by TSI under this Agreement, including all new releases,
corrections, enhancements and updates to such computer software, which
TSI makes generally available and which Licensee receive pursuant to
Licensee subscription to TSIMS. Some specific features or platforms
may not be enabled if they do not fall under the feature set(s)
covered by the specific license fees paid.
Section 3 - Licensee Obligations
Licensee shall be solely responsible for all marketing, manufacturing,
packaging, documentation production, distribution and customer pricing
of the Products, and ensure that the Products and Licensee's such
activities shall be in compliance with the applicable laws and
regulations. Except as otherwise provided in this Agreement, Licensee
shall also assume all responsibility and liability to customers for
related support and assistance. Under no circumstances may Licensee
modify, decompile, reverse engineer or disassemble any executable code
contained within the Software Program nor create or prepare derivative
works of, or attempt to discover or modify in any way the underlying
source code of the Software Program or any part thereof. Licensee
agrees that Licensee will not, nor will Licensee authorize or license
another to, sell, market or license the Software Program, or any
portion thereof, as a standalone computer software program, component
or software development tool, or as a component or components of a
computer software program, the chief marketability and functionality
of which is the Software Program. Licensee further agrees that
Licensee will not publish, present or document the application
programming interface (API) of the Software Program except as required
for specific use within the Product.
Licensee shall ensure that each end user receiving a copy of any
Product shall receive a license agreement containing terms no less
protective of the Software Program than those contained in Exhibit 2,
which shall include the Copyright Notices described therein in a
location that is obvious to Licensee's customers.
Neither the Software Program nor Product may be modified, nor in any
way obfuscate or obstruct the copyright notice and license information
displayed in the console and log files by the Software Program on
startup.
Licensee may extend and/or modify the Community Edition of the
Software Program and distribute under the terms of this agreement
provided that a) the Software Program is only distributed in
executable form, and b) a valid license key is distributed with
Software Program such that the Software Program is able to access the
license key, and c) the Copyright and "Licensed to {Licensee} for
{Product}" notices are clearly visible in the console and log files of
the Software Program on startup, and d) the "Licensed to {Licensee}
for {Product}" notice displays the Licensee and Product values from
the license key file.
Section 4 - Copyright and Trademark
Licensee acknowledges that all copyrights in the Software Program and
the goodwill associated therewith are vested in and belong to TSI.
Section 5 - Maintenance Services
5.1 Scope and Duration
TSI Maintenance Services ("TSIMS") are provided on an annual basis for
the Software Program. The first year of TSIMS shall be included in the
initial fees paid for the license. Successive one (1) year periods of
TSIMS, can optionally be ordered for 25% of the then current rate
established by TSI for an equivalent Agreement. TSI shall provide
Licensee with notice of such renewal, at least thirty (30) days prior
to the end of the current TSIMS period. In the event that Licensee
allows TSIMS to expire, TSI will allow Licensee to obtain TSIMS for
such Licensed Software including any new versions of the Licensed
Software upon payment of 125% of all lapsed TSIMS fees.
For Licensees who have qualified as a Small Business, this status may
be reviewed each time TSIMS is renewed. For Licensees who no longer
qualify as a Small Business, this agreement will continue to cover
existing Products and Product Groups, but additional Product Group(s)
will require their own separate Agreement(s).
5.2 Maintenance Obligations of the Parties
Licensee agrees to provide first line support for the Product and
Software Program to Licensee customers, which support will include
(i) appropriate number of trained personnel available to provide, in a
competent manner, first line support of the Software Program to
Licensee customers, (ii) log of all communication between Licensee and
Licensee customer, as well as a reproducible test case (wherever
possible) and any relevant information for any second line support
cases that have been opened by Licensee with TSI.
Section 6 - Warranty and Limited Liability
Software Warranty: TSI warrants that, for a period of ninety (90) days
from the initial delivery of the Software Program to Licensee, the
Software Program, if used by Licensee in accordance with the
Documentation, shall operate in material conformity with the
Documentation for such Software Program. TSI does not warrant that the
Software Program will meet all of Licensee requirements or that the
use of the Software Program will be uninterrupted or error free. TSI's
entire liability, and Licensee exclusive remedy, under this limited
Software Warranty shall be for TSI (i) to attempt, through reasonable
efforts, to correct any reproducible material nonconformity discovered
within the ninety (90) day warranty period; or (ii) to replace the
nonconforming Software Program with Software Program which conforms to
the foregoing warranty. In the event TSI is unable to cure the breach
of warranty described in this Section 6, after attempting the remedies
described in (i) and (ii) above, Licensee may return the Software
Program and TSI shall refund any license and maintenance fees paid by
Licensee to TSI for the Software Program provided the refund of
maintenance fees shall be limited to the amount representing the
period during which the Software Program showed nonconformity. The
above remedies are available only if TSI is promptly notified in
writing, within the warranty period, upon discovery of the
nonconformity by Licensee and TSI's examination of the Software
Program discloses that such nonconformity exists, and that the
Software Program has not been (i) altered or modified, other than by
TSI, (ii) subjected to negligence, or computer or electrical
malfunctions, or (iii) used, adjusted, or installed other than in
accordance with the Documentation.
TSIMS and Other Services Warranty: TSI warrants that any TSIMS or
other services performed pursuant to the terms of this Agreement shall
be performed in a professional and workmanlike manner consistent with
generally accepted industry standards.
Disclaimer: THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY WITH RESPECT TO THE SOFTWARE PROGRAM, AND TSI EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability: IN NO EVENT SHALL EITHER PARTY'S LIABILITY
ARISING OUT OF THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT
EXCEED THE AMOUNTS PAID OR DUE TO TSI HEREUNDER DURING A FULL YEAR
IMMEDIATELY PRECEDING SUCH EVENT. IF SUCH LIABILITY RELATES TO
PARTICULAR ITEMS OF SOFTWARE PROGRAM OR SERVICES PROVIDED BY TSI, SUCH
LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT SOFTWARE
PROGRAM OR SERVICES. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING IN ANY WAY OUT OF
THIS AGREEMENT UNDER ANY CAUSE OF ACTION, WHETHER OR NOT THE OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION
MAY BE BROUGHT AGAINST TSI LATER THAN ONE (1) YEAR AFTER THE CAUSE OF
ACTION OCCURRED. EXCEPT FOR CLAIMS MADE UNDER SECTION 7
(INDEMNIFICATION), IN NO EVENT SHALL TSI BE LIABLE FOR ANY CLAIMS,
DEMANDS OR ACTIONS OF ANY NATURE BROUGHT BY ANY THIRD PARTY AGAINST
LICENSEE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE
OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Warranty Claims: Any claims made by Licensee for the breach of a
warranty set forth in this Section 6, shall be made in writing and
delivered to TSI by the end of the applicable warranty period, and
Licensee shall provide TSI a reproducible test case, if applicable,
demonstrating the breach of warranty.
Section 7 - Indemnification
TSI warrants that the use or distribution of unaltered Software
Program(s), or the exercise of the licenses granted hereunder, will
not infringe any copyright or patent, or other intellectual property
rights of any third party, and TSI has all rights necessary for the
grant of the rights and licenses granted by this Agreement. TSI agrees
to indemnify, defend and hold Licensee harmless from any and all
actions, causes of action, claims, demands, reasonable costs,
liabilities, reasonable expenses (including reasonable attorney's
fees) and damages (collectively, a "Loss" or "Losses") arising from
any claim that the Software Program infringes any copyright or patent,
or other intellectual property right of a third party, provided,
however:
(1) Licensee shall promptly deliver to TSI notice in writing of any
infringement claim made by a third party, and, if known, specify
in reasonable detail the nature of the claim and the amount, or an
estimate of the amount, of the liability arising there from.
Licensee shall, at TSI's expense, provide to TSI as promptly as
practicable thereafter information and documentation reasonably
requested by TSI to support and verify the claim asserted,
provided that, in so doing, TSI may restrict or condition any
disclosure in the interest of preserving privileges of importance
in any foreseeable litigation.
(2) TSI may assume and retain sole control of the investigation, the
defense or the settlement of any third party infringement claim
made against Licensee or TSI with respect to the Software Program,
including the employment of counsel or accountants, at its cost
and expense. Licensee shall have the right to employ counsel
separate from counsel employed by TSI in any such action and to
participate therein, but the fees and expenses of such counsel
employed by Licensee shall be at Licensee expense. TSI shall have
the right to determine and adopt (or, in the case of a proposal by
Licensee, to approve) a settlement of such matter in its
reasonable discretion. TSI shall not be liable for any settlement
of any claim effected without TSI's prior written consent, which
shall not be unreasonably withheld. Whether or not TSI chooses to
so investigate or defend such claim, Licensee shall reasonably
cooperate with TSI in the defense thereof and shall furnish such
records, information and testimony, and attend such conferences,
discovery proceedings, hearings, trials and appeals, as may be
reasonably requested by TSI in connection therewith.
(3) If such a claim arises, or in either party's judgment is likely to
arise, Licensee agrees to allow TSI, at TSI's option, to either
(i) procure the right to permit the continued exercise of the
rights and licenses in the Software Program granted under this
Agreement; (ii) replace or modify the Software Program so it
be-comes non-infringing, while affording equivalent performance;
or (iii) terminate the license for the infringing Software Program
and upon return thereof by Licensee, refund the unearned portion
of any license fees paid by Licensee for the remainder of the
current term hereof.
(4) TSI shall have no indemnity obligation for claims of infringement
resulting from any combination, operation or use of the Software
Program, or any components thereof, with any software programs or
data not supplied by TSI if such infringement would have been
avoided by use of the Software Program alone. Licensee
acknowledges and agrees that these four items are the exclusive
remedy of Licensee for damages for breach of warranty or
representations contained in this Section 7.
Section 8 - Termination
Should either party commit a material breach of its obligations
hereunder, the other party may, at its option, terminate this
Agreement by written notice to the party in default. Such notice shall
identify and describe the default upon which termination is based. The
defaulting party shall have thirty (30) days from the effective
delivery of the notice to cure such default, which, if affected, shall
prevent termination by virtue of such default. Should an insolvency
proceeding be filed by or against either party, the other party may
terminate this Agreement forthwith by giving a written notice to the
first party. Upon termination of this Agreement, Licensee will either
return to TSI or destroy all copies of the Software Program and
documentation then in Licensee's possession. Licenses to the Software
Program granted in the normal course of business by Licensee to its
customers shall survive termination of this Agreement. Licensee
shall, within thirty (30) days after the date of such termination,
furnish TSI with a certificate of compliance in accordance with this
Section. The parties agree that TSI shall have the right to enforce
the obligations arising under this Section and to enjoin or compel
Licensee through injunctive relief. Licensee may retain a commercially
reasonable number of copies of the Software Program and documentation
solely for the purpose of supporting Licensee customers who purchased
a Product prior to the termination of this Agreement.
Section 9 - Export Controls
Licensee shall comply with, and ensure that Licensee distributors and
resellers comply with, all applicable laws, regulations, rulings and
executive orders of Japan or any other relevant jurisdiction relating
to the export and re-export of the Software Program or any products
containing the Software Program. Licensee shall not directly or
indirectly export or re-export any Software Program or any Products
containing the Software Program unless Licensee have obtained a
license to do so if such a license is required. Licensee further
agree that Licensee take appropriate measure to ensure that the
Software Program or any Products containing the Software Program will
not be exported or re-exported in violation of any applicable laws or
regulations of any relevant jurisdiction.
Section 10 - Entire Agreement
This Agreement, including any attachments, constitutes the entire
agreement of the parties with respect to the subject matter hereof and
supersedes all prior agreements, both oral and written,
representations, statements, negotiations and undertakings, with
respect to the subject matter hereof, which such agreements,
representations, statements, negotiations and undertakings are merged
herein. No amendment or modification of this Agreement or any
provision or attachment of this Agreement shall be effective unless it
is in writing and signed by both parties.
Section 11 - Governing Law
The validity, construction and performance of this Agreement shall be
governed by the substantive laws of Japan (excluding conflicts of law
principles). Licensee and TSI agree that any dispute arising out of
this Agreement shall be subject to the exclusive jurisdiction of the
Tokyo District Court of Japan. If any legal action is undertaken to
enforce the terms of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees and costs in addition to any
other relief to which that party may be entitled.
Licensee agrees that the United Nations Convention on Contracts for
the International Sales of Goods will not apply to this Agreement.
Section 12 - Assignment and Benefit
Without the consent of the other party in writing, neither party may
assign this Agreement; provided, however, TSI or Licensee may assign
this Agreement to a wholly-owned subsidiary of the respective
corporation or a corporation in which the shareholders of the
respective corporation own a majority interest of the voting control
provided that the assigning party remains obligated hereunder; further
provided, however, TSI or Licensee may assign this Agreement to
another corporation which acquires or has acquired substantially all
of the stock or assets of the assignor. Where the Licensee had
qualified as a Small Business, and the assignee does not, this
agreement will continue to cover existing Products and Product
Group(s), but additional Product Group(s) will require their own
separate Agreement(s).
This Agreement shall be binding upon and shall inure to the benefit of
Licensee and TSI and each party's successors, subject to the other
provisions of this Section.
Section 13 - 3rd Party Components
(1) The Software Program includes software and documentation
components developed in part by Silver Egg Technology, Inc.("SET")
prior to 2001 and released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sub-license, and/or sell
copies of the Software, and to permit persons to whom the Software
is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
Licensor represents and warrants that the Program does not contain any
code subject to the GNU General Public License ("GPL"), GNU Lesser
GPL, "copyleft" license, or any other license that requires as a
condition of use, modification and/or distribution of such code that
other software incorporated into, derived from, or distributed with
such code be (i) disclosed or distributed in Source Code Program form;
(ii) licensed for the purpose of making derivative works; or (iii)
redistributable at no charge.
Section 14 - Confidentiality
Confidential Information means all technical, business, financial and
other information that is disclosed by either party to the other,
whether orally or in writing, and all the terms and conditions of this
Agreement, and all non-publicly available information. "Confidential
Information" will not include any information (a) that is publicly
available through no breach of this Agreement by either party, (b)
that is independently developed or was previously known by either
party, or (c) that is rightfully acquired by either party from a third
party not under an obligation of confidentiality.
Except as expressly permitted by this Agreement, both parties shall
not, nor shall they permit their respective employees, agents,
attorneys or independent contractors to, disclose, use, copy,
distribute, sell, license, publish, reproduce or otherwise make
available Confidential Information of the other party. Each party
will (a) secure and protect the other party's Confidential Information
by using the same or greater level of care that it uses to protect its
own confidential and proprietary information of like kind, but in no
event less than a reasonable degree of care, and (b) advise each of
their respective employees, agents, attorneys and independent
contractors who have access to such Confidential Information of the
terms of this paragraph. Notwithstanding the foregoing, either party
may disclose the other party's Confidential Information to the extent
required by applicable law or regulation, or by order of a court or
other governmental entity, in which case such party shall so notify
the other party as soon as practicable.
The confidentiality obligation hereunder shall survive termination or
expiration of this Agreement.
Section 15 - Payments
All amounts payable are due net 30 days from the invoice date unless
otherwise specified in the invoice. All amounts payable are gross
amounts but exclusive only of any value added tax, sales tax or their
equivalent. If any such tax is or will be chargeable, the Licensee
shall pay the tax to the Licensor and the Licensor shall provide the
Licensee with a tax invoice that meets all conditions necessary to
allow the Licensee to reclaim such tax. If according to applicable law
or regulations the Licensee is liable for any such tax, the Licensee
will account for or pay the tax to the tax authorities. Each Party is
responsible for all taxes (including, but not limited to, taxes based
upon its income) or levies imposed on it under applicable laws,
regulations and tax treaties as a result of this agreement. In the
event that a withholding tax is payable, and the Licensee is required
to deduct the withholding tax from the payment to the Licensor as
required under applicable laws, regulations and tax treaties, the
Licensee agrees to furnish evidence of such paid taxes to the Licensor
as is sufficient to enable the Licensor to obtain any tax credits
available to it. Such evidence must be translated into English or
Japanese and be provided with the original, unless approved by the
Licensor in writing.
----------------------------------------------------------------------
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their respective duly authorized representatives.
LICENSEE TSI
__________________________ By: ______________________________
Department name Title: ___________________________
__________________________ Date: ____________________________
Licensee's Authorized Signature
___________________________
Typed or Printed Name
___________________________
Title:
___________________________
Date:
___________________________
Street Address
___________________________
City or Town
___________________________
State or Province
___________________________
Zip Code
___________________________
Country
___________________________
----------------------------------------------------------------------
EXHIBIT 1
Licensed Software:
Java Service Wrapper version ____, __________ Edition __ Bit
Licensed Operating System and Hardware Platform:
All platforms
Licensed Software Commercial Restrictions:
None
Licensed Software Use:
Bundle Development / Deployment.
Licensed Software Use Location:
Bundle Development/Deployment Worldwide
Authorized Number of Users:
Unlimited
Licensee Small Business Status:
[ ] Small Business
[ X ] N/A
Licensee Product Group(s) Covered by this Agreement:
FEES:
Software License + first year of TSIMS
$
TSIMS for year 2 and onward will be priced at 25% of the then current
price of a new Software License.
[ ] TSIMS for year 2 and later will be automatically invoiced one
month prior to TSIMS expiring unless previously notified in
writing of a request not to renew.
[ X ] TSIMS for year 2 and later will be invoiced on request.
Requests made after TSIMS has expired will be at 125% of the
regular price.
(Services)
None
----------------------------------------------------------------------
EXHIBIT 2
End User License Terms / Copyright Notice
All End User Licenses shall include provisions that:
(1) the End User is granted only a personal, nontransferable, and
nonexclusive right to use the software only for personal use of
the End User;
(2) Licensee and/or its licensors retain all of their intellectual
property rights in the software, and no title to such intellectual
property is transferred to the End User;
(3) the End User agrees not to reverse assemble, decompile, or
otherwise attempt to derive source code from the TSI software;
(4) Licensee's licensors shall not be liable to the End User for any
indirect, consequential, incidental or special damages arising out
of the use or license of the software, regardless of the theory of
liability (including negligence and strict liability); and
(5) Licensee and/or its licensors will have the right to terminate the
license at any time in the event the End Users misuses the
software;
and
A section concerning 3rd party components shall be provided, in all
End User licenses, which contains at least the following:
The Software Program includes software and documentation components
developed in part by Silver Egg Technology, Inc.("SET") prior to 2001
and released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sub-license, and/or sell
copies of the Software, and to permit persons to whom the Software
is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
Tanuki Software, Ltd.
Maintenance Support Services Addendum
Version 1.3
Maintenance Support Agreement Number: TSIMS-_____________
This Maintenance Support Services Addendum to the Development Software
License Agreement, number TSILA-_______________ ("Agreement") is
effective on ______ __, ____. All terms and definitions contained in
the Agreement to which this Addendum refers shall apply to the
Software Program and services provided hereunder unless superseded by
the terms below.
1. DEFINITIONS: The following definitions apply to this Addendum.
1.1 "TSIMS" means the annual, prepaid Maintenance Support services
plan provided to Licensee by Tanuki Software, Ltd. ("TSI") which
includes email based technical support during business hours
(wrapper-support@tanukisoftware.com) for the Software Program version
licensed hereunder including any applicable Updates and New Versions.
1.2 "New Version" means a major Software Program release that includes
new product functionality and is denoted by a whole new product
extension number (i.e., 3.3 to 4.0). New Versions shall include the
following deliverables online:
- documentation,
- installation guide,
- authorization codes,
- release notes.
1.3 "Site" means a single physical location, a single purchasing
contact, and a single Licensee support contact where Software Program
is in use. TSIMS must be purchased for all Software Programs at a Site
when TSIMS is renewed at that Site.
1.4 "Updates" means all bug fixes, patches, workarounds, and
enhancements contained in any of the releases of the Software Program
(i.e., 3.3 to 3.4).
2. SERVICES:
2.1 Licensee shall be entitled to the level of service as described in
Section 7 herein.
2.2 TSIMS is provided subject to the terms and conditions set forth in
this Addendum. TSI has no obligation to provide TSIMS unless;
(a) Licensee is in compliance with all terms and conditions of the
Agreement, (b) the Software Program is unmodified by Licensee or any
third party, and is properly maintained by Licensee at the current or
immediately preceding version level, (c) and Licensee provides to TSI
technical support personnel the name of its sole point of contact for
technical support. Additional support services may be available to
Licensee at TSI's current hourly consulting rates.
3.3 Prior to or upon expiration of this Agreement, upon Licensee's
request, the parties hereto will negotiate in good faith an ongoing
Software Program support plan.
3. TERM AND RENEWALS:
3.1 TSIMS shall commence on (a) the day of the Software Program
shipment or (b) the date specified in this Agreement; or (c) as
otherwise specified and agreed to in writing by TSI but in no case not
later than six (6) months from date of Software Program shipment and
will continue for a period of one year from the date established in
(a), (b) or (c) above. If no specific TSIMS start is established, then
TSIMS will commence on the Software Program shipment date. TSIMS may
be renewed for subsequent one (1) year periods subject to then current
TSIMS fees and the execution of a new Maintenance Support Services
Addendum.
4. CONDITIONS AND DISCLAIMER:
4.1 TSI's obligation to provide TSIMS hereunder shall be limited to
the express undertakings described herein and shall not extend to any
software or hardware products, (a) owned by any third party (b)
furnished, modified, revised or repaired by persons other than
employees or agents of TSI, (c) operated under improper or unsafe
conditions, (d) transferred without notice to TSI, or (e) any Licensee
hardware or expendable supplies. TSIMS shall not include, without
limitation, relocation or transfer of the Software Program, or
modifications required to adapt products to other hardware or to other
software not bearing the TSI trademark and not supplied by TSI, or
modifications required to bring any outdated TSI Products to a
revision level acceptable to TSI.
4.2 Licensee shall notify TSI promptly of problems requiring support
or corrective action by TSI. Licensee shall maintain at its own cost
(i) any necessary backup and security of software and any data; and
(ii) the overall performance of the Licensee system.
5. ASSIGNMENT:
The rights to prepaid TSIMS are assignable by Licensee, upon written
notice to TSI, to any successor of Licensee who agrees in writing to
be bound by the terms hereof and pays for the services provided.
6. Standard level Maintenance and Support
6.1 Scope of Services
TSI will provide the following services to all Licensees:
- Answers to Installation and Authorization Questions
- Product Use Guidance
- Problem Diagnosis
- Software Program Configuration Help
- Software Program Updates
- New Media and documentation
- New Versions of the Software Program
These services exclude explicitly:
- Third-Party Products
- Hardware Platform Related Support
- Operating System Related Support
- Integration Advice or Any Other Consulting
- Training. TSI maintains training and consulting departments that
can assist, on a fee-for-service basis, with some or all of the
services explicitly excluded as above.
6.2 Limitation
TSI supports the Software Program as described in the then-current
price book for which an annual TSIMS fee is paid. However, TSI will
fix errors in the current version and the immediately preceding
version of the Software Program. The Licensee will provide TSI with
all the necessary information on the application, the platform, and
the infrastructure at the supported Site. If any of such information
is confidential, the Licensee should notify TSI in accordance with the
confidentiality provision of the License Agreement.
6.3 Levels of Support
1st Level (or First Line Support) Support includes filing the problem
as an issue in TSI's database, querying the TSI database for similar
problems, bugs, and resolutions on the topic and communicating a
resolution or plan for a resolution back to the Licensee.
2nd Level Support includes further research on the issue and includes,
but is not limited to: recreating the problem in house, receiving and
working with pieces of Licensee's code that illustrate the behavior;
debugging Licensee's code and working to resolve the issue. 2nd Level
Support issues are typically assigned to a TSI Product Specialist.
3rd Level Support includes but is not limited to the assistance of
Product Support Specialists and Engineering Level Developers to assist
in debugging code, providing hints to solve the problem, working with
TSI product code to determine root causes.
When the Licensee acquires TSI products through a TSI Partner, it is
expected that the main support channel will be established through
that Partner. In that case, 1st level support will be handled by that
Partner, and TSI will communicate solely with the Partner on
Licensee's issues.
6.4 Priority of an Issue
The Licensee and TSI customer support staff shall jointly set issue
priority levels.
SEVERITY LEVEL 0 - CRISIS - An emergency deployment or production
environment situation where the Software Program is inoperable or
fails catastrophically and there is no workaround.
SEVERITY LEVEL 1 - HIGH - A detrimental situation where one of the
following conditions occurs:
1.) performance of the Software Program degrades substantially under
reasonable loads causing a severe impact on use; or 2.) one or more
primary functions or commands of the Software Program is inoperable.
SEVERITY LEVEL 2 - MEDIUM - Occurs when use of the Software Program is
noticeably affected but reasonably correctable by a workaround,
documentation change, or patch which may be completely resolved and
integrated into a future release.
SEVERITY LEVEL 3 - LOW - An inconvenient situation where the Software
Program is usable but does not provide a function in the most
convenient manner and the Licensee suffers little or no significant
impact.
6.5 Licensee Assistance and Responsibility in Problem Resolution
When filing an issue, Licensee shall make the following information
available to TSI:
- Maintenance Support Agreement Number
- Version (including revision level) of the TSI Software Program
involved and any supporting product of software involved
- Platform (Including Operating System Revision Level) of the
Operating Environment
- Error or other warning or advisory messages which you have been
receiving
- A reproducible test case where applicable
- Any trace, log, and/or console files
- Configuration files
- Severity Level of problem
- Priority Business or other justification for Severity Level 0
priority issues
- Licensee responsibility with regard to assisting in resolving the
Licensee issue includes providing a Licensee on-site technical
contact, whose availability and response should mirror the response
level requested of TSI, to provide resource and operational
assistance.
6.6 Response/Resolution Time
Within the business hours of the Customer Support Engineer responsible
for the issue:
Response Time: For the most prompt service, relevant technical detail
and quickest response time, (generally less than 1 day) issues should
be reported via email at wrapper-support@tanukisoftware.com. Response
to issues reported to Customer Support through fax, or telephone may
have longer response times.
Initial Analysis/Resolution Time:
Crisis Handled on a Case by Case Basis, but initial response will be
within 1 Business Day
High Within 5 Business Days
Medium Within 10 Business Days
Low Subject to Development and Customer Support Priority
Resolution means that Customer Support will use its reasonable efforts
to resolve Licensee issues as prioritized above. Resolution may
include: specification of a workaround; identification of a bug; or
the recognition that additional analysis work needs to be done, on the
part of Customer Support and the Licensee, which will extend beyond
the initial resolution time.
In all cases, resolution of issues by Customer Support will require
the Licensee to assist in the following: documentation and
reproduction of the issue; provision of a Licensee contact person with
whom TSI Customer Support can maintain contact to arrange for
analysis, testing, systems, and other resources and other tasks in
support of resolution of the Licensee's problem and to whom status
reports and requests for resources can be addressed.
Ongoing communication shall be maintained regarding Licensee issue
status and progress towards resolution between TSI Customer Support
and the Licensee's issue contact.
6.7 Notification
The Licensee will, by default, be notified by e-mail of all relevant
updates on the issue since appropriate levels of technical detail are
often best captured and presented via written e-mail.
TSI's Support staff can also maintain telephone contact with the
Licensee, if requested.
6.8 Distribution of Updates
Shipment of Updates and New Versions will be made on a request-only
basis. Requests can be made through an e-mail message.
6.9 Licensee Issues Are Typically Handled by Customer Support
Engineers
This is the primary and usual scenario. Contact is maintained between
the Licensee and the TSI Customer Support Engineer ("CSE") responsible
for the issue. The e-mail address to be used is:
wrapper-support@tanukisoftware.com
The TAPR Open Hardware License Version 1.0 (May 25, 2007) Copyright 2007 TAPR - http://www.tapr.org/OHL
PREAMBLE
Open Hardware is a thing - a physical artifact, either electrical or mechanical - whose design information is available to, and usable by, the public in a way that allows anyone to make, modify, distribute, and use that thing. In this preface, design information is called "documentation" and things created from it are called "products."
The TAPR Open Hardware License ("OHL") agreement provides a legal framework for Open Hardware projects. It may be used for any kind of product, be it a hammer or a computer motherboard, and is TAPR's contribution to the community; anyone may use the OHL for their Open Hardware project.
Like the GNU General Public License, the OHL is designed to guarantee your freedom to share and to create. It forbids anyone who receives rights under the OHL to deny any other licensee those same rights to copy, modify, and distribute documentation, and to make, use and distribute products based on that documentation.
Unlike the GPL, the OHL is not primarily a copyright license. While copyright protects documentation from unauthorized copying, modification, and distribution, it has little to do with your right to make, distribute, or use a product based on that documentation. For better or worse, patents play a significant role in those activities. Although it does not prohibit anyone from patenting inventions embodied in an Open Hardware design, and of course cannot prevent a third party from enforcing their patent rights, those who benefit from an OHL design may not bring lawsuits claiming that design infringes their patents or other intellectual property.
The OHL addresses unique issues involved in the creation of tangible, physical things, but does not cover software, firmware, or code loaded into programmable devices. A copyright-oriented license such as the GPL better suits these creations.
How can you use the OHL, or a design based upon it? While the terms and conditions below take precedence over this preamble, here is a summary:
* You may modify the documentation and make products based upon it.
* You may use products for any legal purpose without limitation.
* You may distribute unmodified documentation, but you must include the complete package as you received it.
* You may distribute products you make to third parties, if you either include the documentation on which the product is based, or make it available without charge for at least three years to anyone who requests it.
* You may distribute modified documentation or products based on it, if you:
* License your modifications under the OHL.
* Include those modifications, following the requirements stated below.
* Attempt to send the modified documentation by email to any of the developers who have provided their email address. This is a good faith obligation - if the email fails, you need do nothing more and may go on with your distribution.
* If you create a design that you want to license under the OHL, you should:
* Include this document in a file named LICENSE (with the appropriate extension) that is included in the documentation package.
* If the file format allows, include a notice like "Licensed under the TAPR Open Hardware License (www.tapr.org/OHL)" in each documentation file. While not required, you should also include this notice on printed circuit board artwork and the product itself; if space is limited the notice can be shortened or abbreviated.
* Include a copyright notice in each file and on printed circuit board artwork.
* If you wish to be notified of modifications that others may make, include your email address in a file named "CONTRIB.TXT" or something similar.
* Any time the OHL requires you to make documentation available to others, you must include all the materials you received from the upstream licensors. In addition, if you have modified the documentation:
* You must identify the modifications in a text file (preferably named "CHANGES.TXT") that you include with the documentation. That file must also include a statement like "These modifications are licensed under the TAPR Open Hardware License."
* You must include any new files you created, including any manufacturing files (such as Gerber files) you create in the course of making products.
* You must include both "before" and "after" versions of all files you modified.
* You may include files in proprietary formats, but you must also include open format versions (such as Gerber, ASCII, Postscript, or PDF) if your tools can create them.
TERMS AND CONDITIONS
1. Introduction
1.1 This Agreement governs how you may use, copy, modify, and distribute Documentation, and how you may make, have made, and distribute Products based on that Documentation. As used in this Agreement, to "distribute" Documentation means to directly or indirectly make copies available to a third party, and to "distribute" Products means to directly or indirectly give, loan, sell or otherwise transfer them to a third party.
1.2 "Documentation" includes:
(a) schematic diagrams;
(b) circuit or circuit board layouts, including Gerber and other data files used for manufacture;
(c) mechanical drawings, including CAD, CAM, and other data files used for manufacture;
(d) flow charts and descriptive text; and
(e) other explanatory material.
Documentation may be in any tangible or intangible form of expression, including but not limited to computer files in open or proprietary formats and representations on paper, film, or other media.
1.3 "Products" include:
(a) circuit boards, mechanical assemblies, and other physical parts and components;
(b) assembled or partially assembled units (including components and subassemblies); and
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####
As far as I am concerned, the code I have written for this software
can be used freely for any purpose. Any derived versions of this
software must be clearly marked as such, and if the derived work is
incompatible with the protocol description in the RFC file, it must be
called by a name other than "ssh" or "Secure Shell".
Licenses and Notices
1. Copyright Licenses:
- Trusted Computing Group (TCG) grants to the user of the source code in this
specification (the Source Code) a worldwide, irrevocable, nonexclusive,
royalty free, copyright license to reproduce, create derivative works,
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thereof, and to grant others the rights granted herein.
- The TCG grants to the user of the other parts of the specification (other
than the Source Code) the rights to reproduce, distribute, display, and
perform the specification solely for the purpose of developing products
based on such documents.
2. Source Code Distribution Conditions:
- Redistributions of Source Code must retain the above copyright licenses,
this list of conditions and the following disclaimers.
- Redistributions in binary form must reproduce the above copyright licenses,
this list of conditions and the following disclaimers in the documentation
and/or other materials provided with the distribution.
3. Disclaimers:
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OR WAIVER, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, WITH RESPECT TO
PATENT RIGHTS HELD BY TCG MEMBERS (OR OTHER THIRD PARTIES) THAT MAY BE
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Administration (admin@trustedcomputinggroup.org) for information on
specification licensing rights available through TCG membership agreements.
- THIS SPECIFICATION IS PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTIES
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Any marks and brands contained herein are the property of their respective owner.
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The authors hereby grant permission to use, copy, modify, distribute,
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that existing copyright notices are retained in all copies and that this
notice is included verbatim in any distributions. No written agreement,
license, or royalty fee is required for any of the authorized uses.
Modifications to this software may be copyrighted by their authors
and need not follow the licensing terms described here, provided that
the new terms are clearly indicated on the first page of each file where
they apply.
IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY
DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE
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THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHORS AND
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GOVERNMENT USE: If you are acquiring this software on behalf of the
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in the software and related documentation as defined in the Federal
Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2). If you
are acquiring the software on behalf of the Department of Defense, the
software shall be classified as "Commercial Computer Software" and the
Government shall have only "Restricted Rights" as defined in Clause
252.227-7013 (c) (1) of DFARs. Notwithstanding the foregoing, the
authors grant the U.S. Government and others acting in its behalf
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-----BEGIN PGP SIGNED MESSAGE-----
As of June 1, 2001, the text below constitutes the TCP Wrappers license.
/************************************************************************
* Copyright 1995 by Wietse Venema. All rights reserved. Some individual
* files may be covered by other copyrights.
*
* This material was originally written and compiled by Wietse Venema at
* Eindhoven University of Technology, The Netherlands, in 1990, 1991,
* 1992, 1993, 1994 and 1995.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that this entire copyright notice
* is duplicated in all such copies.
*
* This software is provided "as is" and without any expressed or implied
* warranties, including, without limitation, the implied warranties of
* merchantibility and fitness for any particular purpose.
************************************************************************/
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(Last Updated July 16th, 2014)
If You have accessed the Software, as defined below, through the Telerik Platform, this document does not apply to You. Please see http://www.telerik.com/purchase/license-agreement/platform for the terms and conditions that apply to Your use of the Software.
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1.1.4 THE TRIAL VERSION OF THE SOFTWARE IS LICENSED ‘AS IS’. YOU BEAR THE RISK OF USING IT. TELERIK GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TELERIK EXCLUDES THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1.2 Commercial License with Updates and Support. If You purchase a Commercial License with Updates and Support, Your Licensed Developers may use the Software in minified and source code form in accordance with Section 1.3 in the development of Your Integrated Products. In addition, for the applicable period of one (1), two (2) or three (3) years from the date on which You purchased the Software, for which You have purchased updates and support (the "Subscription Period"), You will receive minor and major updates for the Software, access to certain source code for the Software, as well as the "Commercial" support package, each as described in further detail below.
1.2.2 Support. During the Subscription Period, You are entitled to the "Commercial" support package as described in greater detail here: http://www.telerik.com/purchase/support-plans/kendo-ui, subject to the limitations and restrictions described in the following Fair Usage Policy. The support services for tickets submitted relating to AngularJS implementations are limited to (i) assistance with plain implementations which include AngularJS and Kendo UI widgets, (ii) assistance with implementations which utilize the Kendo Angular labs project (https://github.com/kendo-labs/angular-kendo) and its directives (project support) or (iii) implementations which require extension of the existing Kendo Angular labs project with new logic.
1.2.2.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your access to any or all of the support services available under the "Commercial" support package if Your use of the support services is determined by Telerik, in its sole and reasonable discretion, to be excessive.
1.2.2.2 In no event will Telerik provide support of any kind to end-users of Your Integrated Products.
1.2.3 Updates. During the Subscription Period, You will be eligible to receive all major and minor updates for the version of the Software that You license hereunder and source code for the Software. Updates replace and/or supplement (and may disable) the version of the Software that formed the basis for Your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this License.
1.3 Source Code. The Software’s source code is provided to You so that You can create modifications under the terms of this Agreement.
1.3.1 While Telerik does not claim any ownership rights in Your Integrated Products, any modifications You develop to the Software source code will be the exclusive property of Telerik, and You agree to and hereby do assign all right, title and interest in and to such modifications and all rights associated therewith to Telerik.
1.3.2 You will be entitled to use modifications of the Software’s source code developed by You under the terms of this Agreement and Telerik hereby grants You a license to use such modifications pursuant to Section 1.2.
1.3.3 You acknowledge that the Software’s source code is confidential and contains valuable and proprietary trade secrets of Telerik. Under no circumstances may any portion of the Software’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
1.3.4 Telerik DOES NOT provide technical support for any source code that has been modified by any party other than Telerik.
1.3.5 The Software’s source code is provided "as is", without warranty of any kind. Refunds are not available for any licenses that include a right to receive source code.
1.4 Testing and Building License. You may also use the Software in the testing and building of Your Integrated Products. This license is not limited to a number of seats.
2. License Options for Redistribution
2.1 Redistribution under Commercial License. If You have purchased a Commercial License, You may distribute the Programs in minified form as embedded in Your Integrated Products to Your end-users only pursuant to an end-user license that meets the requirements of this Section. You are not permitted to distribute the Software pursuant to this Section: as a standalone product or as a part of any product other than Your Integrated Product. Your end-user license agreement must: prohibit distribution of the Software by Your Authorized End Users; limit the liability of Your licensors or suppliers to the maximum extent permitted by applicable law; and prohibit any attempt to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software. Provided Your Authorized End-Users are in compliance with their license agreements with You, any sublicenses to use the Software granted by You to Your Authorized End-Users will survive any termination of this Agreement or the License set forth herein between You and Telerik. You are not allowed to, and are expressly prohibited from granting Your Authorized End-Users any right to further sublicense the Software.
2.2 Redistribution of Kendo UI Core under Open Source License. Kendo UI Core, a suite of components licensed under the Apache 2.0 license, is shipped with Kendo UI Professional and publicly available on Github at https://github.com/telerik/kendo-ui-core. You may use and distribute the Kendo UI Core software solely pursuant to the terms of the Apache 2.0 software. In no event may You distribute any source code other than Kendo UI Core.
3. No Trademark License
You may not use the Telerik product names, logos or trademarks to market Your Integrated Product.
4. Delivery
Telerik shall make a master copy of the Software available for download by Licensee in electronic files only.
5. Updates
The parties agree and acknowledge that updates provided to You as part of this Agreement may include new software products governed by additional terms and conditions. These additional terms and conditions must be accepted by You at the time You download such new products. If You do not agree to these additional terms and conditions, You should not download the new products. In case of a conflict between the terms and conditions of this Agreement and the terms and conditions applicable to any new product made available to You as part of any updates, the terms and conditions of this Agreement shall govern.
6. Term and Termination
This Agreement and the License granted hereunder shall continue until terminated in accordance with this Section. Unless otherwise specified in this Agreement, the License granted hereunder shall last as long as You use the Software in compliance with the terms herein. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the License granted hereunder immediately if You breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from Telerik. Upon termination of this Agreement, all Licenses granted to You hereunder shall terminate automatically and You shall immediately cease use and distribution of the Software; provided, however, that any sublicenses granted to Your Authorized End-Users in accordance with Section 2 shall survive such termination. You must also destroy (i) all copies of the Software not integrated into a live, functioning instance(s) of Your Integrated Product(s) already installed, implemented and deployed for Your Authorized End-User(s), and (ii) any product and company logos provided by Telerik in connection with this Agreement.
7. Product Discontinuance
Telerik reserves the right to discontinue the Software or any component of the Software, whether offered as a standalone product or solely as a component, at any time. However, Telerik is obligated to provide support in accordance with the terms set forth in this Agreement for all discontinued Software or components for a period of one (1) year after the date of discontinuance.
8. Intellectual Property
All title and ownership rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, or text embedded in the Software), the intellectual property embodied in the Software, and any trademarks or service marks of Telerik that are used in connection with the Software are and shall at all times remain exclusively owned by Telerik and its licensors. All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. Any open source software that may be delivered by Telerik embedded in or in association with Telerik products is provided pursuant to the open source license applicable to the software and subject to the disclaimers and limitations on liability set forth in such license. As required by the Common Public License ("CPL"), if a user wishes to obtain the source code for the components licensed under the CPL a user may access them at http://wixtoolset.org.
9. Limited Warranty
Except as specified in Section 1.1.4 (Trial License), Telerik warrants solely to You that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after the date on which You purchase the License for the Software. Telerik does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Your failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the Software by any person or entity other than Telerik. In the event of a breach of warranty, Your sole and exclusive remedy and Telerik’s sole and exclusive obligation, is repair of all or any portion of the Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and Telerik’s maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if Telerik receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 9, TELERIK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Telerik’s entire liability under any provision of this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Telerik for the Software giving rise to such damages, or in the case of a Trial license shall not exceed $5, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. Telerik is not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software and/or any material linked through such content. Any data included in the Software upon shipment from Telerik is for testing use only and Telerik hereby disclaims any and all liability arising therefrom.
11. Indemnity
You agree to indemnify, hold harmless, and defend Telerik and its resellers from and against any and all claims, lawsuits and proceedings (collectively "Claims"), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (i) Your use of the Software in violation of this Agreement, (ii) the use or distribution of Your Integrated Product or (iii) Your modification of the Software’s source code.
12. Confidentiality
Except as otherwise provided herein, each party expressly undertakes to retain in confidence all information and know-how transmitted or disclosed to the other that the disclosing party has identified as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and expressly undertakes to make no use of such information and know-how except under the terms and during the existence of this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (i) it received rightfully from a third party without an obligation to maintain such information in confidence; (ii) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence; (iii) was known to the receiving party prior to its disclosure by the disclosing party; or (iv) is independently developed by the receiving party without use of the confidential information of the disclosing party. Further, either party may disclose confidential information of the other party as required by governmental or judicial order, provided such party gives the other party prompt written notice prior to such disclosure and complies with any protective order (or equivalent) imposed on such disclosure. Without limiting the foregoing, Licensee shall treat any source code for the Programs as confidential information and shall not disclose, disseminate or distribute such materials to any third party without Telerik’s prior written permission. Each party’s obligations under this Section 12 shall apply at all times during the term of this Agreement and for five (5) years following termination of this Agreement, provided, however, that (i) obligations with respect to source code shall survive in perpetuity and (ii) trade secrets shall be maintained as such until they fall into the public domain.
13. Governing Law
This Agreement will be governed by the law of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. If any dispute, controversy, or claim cannot be resolved by a good faith discussion between the parties, then it shall be submitted for resolution to a state or Federal court of competent jurisdiction in Boston, Massachusetts, USA, and the parties hereby agree to submit to the jurisdiction and venue of such court. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention for the International Sale of Goods shall apply to this Agreement. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
14. Entire Agreement
This Agreement sets forth our entire agreement with respect to the Software and supersedes any prior or contemporaneous communications regarding the Software. You agree that You are not relying on any representation or obligation other than those set forth in this Agreement. Use of any purchase order or other Licensee document in connection herewith shall be for administrative convenience only and all terms and conditions stated therein shall be void and of no effect unless otherwise agreed to in writing by both parties. In cases where this license is being obtained through an approved third party, these terms shall supersede any third party license or purchase agreement.
15. No Assignment
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Telerik’s prior written consent.
16. Survival
Any provisions of the Agreement containing license restrictions, including, but not limited to those related to the Program source code, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of the Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of the Agreement.
17. Severability
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
18. Force Majeure
Neither party shall be deemed in default of this Agreement if failure or delay in performance is caused by an act of God, fire, flood, severe weather conditions, material shortage or unavailability of transportation, government ordinance, laws, regulations or restrictions, war or civil disorder, or any other cause beyond the reasonable control of such party.
19. Export Classifications
You expressly agree not to export or re-export Telerik Software or Your Integrated Product to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer the Software to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Your export privileges.
20. Commercial Software
The Programs and the Documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
21. Reports and Audit Rights.
Licensee shall grant Telerik audit rights against Licensee twice within a calendar three hundred and sixty five (365) day period upon two weeks written notice, to verify Licensee’s compliance with this Agreement. Licensee shall keep adequate records to verify Licensee’s compliance with this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
TENABLE NETWORK SECURITY, INC.
NESSUS SOFTWARE LICENSE AND SUBSCRIPTION AGREEMENT
This is a legal agreement ("Agreement") between Tenable Network Security, Inc., a Delaware corporation having offices at 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046 ("Tenable"), and you ("You"), the party licensing Software and/or downloading the Plugins through Tenable’s subscription service (as each capitalized term is defined below). This Agreement covers Your permitted use of the Software and/or the Plugins, as applicable (collectively, the "Licensed Materials"). BY CLICKING BELOW YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IN ADDITION, IF YOU HAVE PREVIOUSLY LICENSED THE SOFTWARE AND/OR THE PLUGINS, BY CLICKING BELOW YOU INDICATE YOUR ACCEPTANCE THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY EARLIER AGREEMENTS AND THAT ALL COPIES OF THE LICENSED MATERIALS IN YOUR POSSESSION WILL BE DEEMED TO BE LICENSED UNDER AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If You do not agree with the terms of this Agreement, You may not use the Licensed Materials. The Licensed Materials can only be provided to You by Tenable. The term "Agreement" includes any exhibits to the document.
1. Grant of Licenses.
(a) Software License Grant. "Software" means
(i) Nessus 5.x or higher that You download from any authorized Tenable website, including www.nessus.org, or obtain via Tenable authorized CD or any other Tenable authorized method;
(ii) the associated user manuals and user documentation, if any, as well as any patches, updates, improvements, additions, enhancements and other modifications or revised versions of Nessus 5.x or higher that may be provided to You by Tenable from time to time that were developed by Tenable; and
(iii) any Nessus daemons, command line interfaces, web server, application programming interfaces ("APIs"), and/or any graphical user interfaces You obtain from Tenable that were developed by Tenable. Any software that is not marked as copyrighted by Tenable is not Software as defined under this Agreement and is subject to other license terms as described in the documentation. For the avoidance of doubt, any components or software licensed as part of an open source license, if any, are not considered "Software."
If You have obtained a copy of the Software, subject to the terms and conditions, and Your acceptance, of this Agreement, Tenable grants to You a perpetual, non-exclusive, nontransferable license in object code form only to use the Software
(i) solely for Your internal operations and internal security purposes to seek and assess information technology vulnerabilities and misconfigurations for Your own networks or that you are otherwise authorized to scan; and
(ii) provided that You have received all required consents, to provide services to third parties to seek and assess information technology vulnerabilities and misconfigurations on the third party’s network.
Any rights in the Software not granted in this Agreement are expressly reserved by Tenable. You are entitled to one copy of the Software. If you license additional copies of the Software, they must be paid for separately and will be subject to their own terms and conditions.
(b) Plugins License Grant. "Plugins" means any plugins (and related updates) that are marked as copyrighted by Tenable. Any plugins or components that are not marked as copyrighted by Tenable are not Plugins as defined under this Agreement and are subject to other license terms. Subject to the terms and conditions of this Agreement, Tenable grants to You for the Term (as defined below) a non-exclusive, non-transferable license in object code form only to use the Plugins as permitted in conjunction with the Software licensed in Section 1(c). The Plugins include vulnerability detection programs not developed by Tenable or its licensors and which are licensed to You under separate agreements. The terms and conditions of this Agreement do not apply to such vulnerability detection programs.
(c) Products. Tenable licenses several variations of the Software, described in more detail below. Tenable reserves the right to withdraw features from the Software or move features between variations of the Software provided that either:
(1) the core functionality of the Software remains the same; or
(2) You are offered a license to the product to which the functionality was moved.
(i) Nessus Home. Nessus Home is non-commercial Software that permits You to use the Plugins in conjunction with the Software for Your personal use solely to detect vulnerabilities only on Your own personal system (or for Your own personal network) that You use for non-commercial purposes or on the personal system (or for the personal network) of another natural person in a non-commercial arrangement. You are not eligible to use Nessus Home if You are a corporation, a governmental entity or any other form of organization. You may not use Nessus Home to use the Plugins on a computer owned by Your employer or otherwise use the Plugins for the benefit of or to perform any services for any corporation, governmental entity or any other form of organization. When using Nessus Home, Tenable may collect scan data from You (including results, configuration, and gathered artifacts) in order to provide feedback to Tenable and improve the Software. You may not use Tenable Network Security Confidential and Proprietary 2 Nessus Software License and Subscription Agreement v13 03.03.15 Nessus Home with Nessus Manager or with any Software that is managed by a Nessus Manager installation. Tenable does not provide any support services in connection with Nessus Home.
(ii) Nessus Professional. Nessus Professional is commercial Software that permits You to use the Plugins in conjunction with the Software to detect vulnerabilities only on Your system or network, a system or network that you are otherwise authorized to scan, or on the system or network of a third party for which You perform scanning services, auditing services, incident response services, quality assurance and other lab testing, vulnerability assessment services or other security consulting services; provided that You have paid the applicable Fee for each copy of the Software in conjunction with which You will use the Plugins. If You use a supported commercial version of Nessus Professional, Tenable will supply You during the term with reasonable online and email support 24 hours a day, 7 days a week, for the Software.
(iii) Nessus Manager. Nessus Manager is commercial Software that permits You to use the Plugins in conjunction with the Software to detect vulnerabilities only on Your system or network, a system or network that you are otherwise authorized to scan, or on the system or network of a third party for which You perform scanning services, auditing services, incident response services, quality assurance and other lab testing, vulnerability assessment services or other security consulting services. You may only use Nessus Manager for the number of Hosts for which you have paid all applicable Fees. A "Host" is any scanned device that can have a unique tag pushed to it (via a registry entry, text file, etc.), one that can have a unique identifier (CPU ID, Instance ID, Agent ID, IP Address, MAC Address, NetBIOS Name, etc.) pulled from it, or is addressable via URI or URL (i.e., http://www.tenable.com). Your license to use Nessus Manager also will provide You with access to a limited number (equivalent to the Host count) of Nessus agents that You may install on endpoints. Nessus Manager allows multiple users to access the Software. You agree that You are responsible for the use by any of the users permitted to access the Software. Nessus Manager allows You to manage multiple scanners from one installation, at a rate of one scanner for each 256 Hosts licensed up to 10,240 Hosts, and one scanner for each 512 Hosts after that. You may only manage scanners that You have received all appropriate authorizations to use. If You use a supported commercial version of Nessus Manager, Tenable will supply You during the term with reasonable phone, online and email support 24 hours a day, 7 days a week, for the Software.
2. Other Use. (a) Training Organizations. Notwithstanding the prohibition on commercial use in Section 1(c)(i), if You are a training organization authorized by Tenable, You may use the Licensed Materials, and provide access to the Licensed Materials to students, in and for the classroom setting only. Upon completion of the class, the student’s right to use the Licensed Materials is terminated and any students wishing to use the Licensed Materials must register for, and pay any applicable fees associated with, their own subscription. You may not use the Licensed Materials granted to You for training purposes to secure Your or any third party’s networks or in any other way except for classroom training in a non-production environment. Tenable may terminate access to any free Licensed Materials under this Section 2(a) at it sole discretion at any time. (b) Evaluations. Upon Your request and subsequent approval by Tenable, You may receive access to evaluate the Licensed Materials. Such evaluation may take the form of limited access to Nessus Professional or Nessus Manager. Such evaluation may also take the form of an on-demand evaluation where You may use Nessus Home commercially for a limited period of time as specified by Tenable. Unless otherwise agreed to by Tenable, an evaluation will only be provided once. You must purchase a subscription to the Licensed Materials to continue to use them commercially after the evaluation period ends. You may not use an evaluation subscription in a production capacity, to scan third party networks, or to provide a service to Your customers. (c) Custom Nessus Plugin Development and Distribution. Tenable allows users to write and develop new Nessus plugins; however, You must have an active Nessus subscription in order to add plugins to Your Nessus scanner. You may use the Tenable ".inc" files provided with the Licensed Materials, as well as the built-in NASL functions to write custom plugins for Your internal use and internal redistribution, provided, however, that they may not be privately or publicly distributed, whether for free or for a fee. Plugin writers should also be aware that many of the APIs available in the NASL language and various ".inc" libraries may be used to write custom plugins, but such plugins may only be distributed within Your organization and may not be distributed publicly, whether for free or for a fee. For example, custom plugins that specifically make use of authenticated logins to remote systems via Secure Shell or Windows Domain, that use the libraries included in the Licensed Materials or that have previously been distributed by Tenable, may not be publicly distributed. To ensure that Your custom plugins do not make use of a library that prohibits public distribution, You should audit them to determine which libraries are being invoked and then read each corresponding license. Tenable Network Security Confidential and Proprietary 3 Nessus Software License and Subscription Agreement v13 03.03.15
3. Term. This Agreement commences on the date on which You execute this Agreement or download, install or use the Software (whichever occurs first) (the "Effective Date") and continues until it is terminated according to the terms of this Agreement (the "Term"). The initial subscription commences on the Effective Date and continues as follows: (i) if You subscribe to Nessus Home, until it is terminated according to the terms of this Agreement; or (ii) if You subscribe to Nessus Professional or Nessus Manager, a period of one (1) year until midnight before the anniversary of the Effective Date, unless terminated earlier according to the terms of this Agreement. If You subscribe to Nessus Professional or Nessus Manager, You may extend the subscription for additional one (1) year periods so long as You continue to pay the applicable Fees in accordance with this Agreement and Tenable is making the Licensed Materials commercially available.
4. Intellectual Property. This Agreement does not transfer to You any title to or any ownership right or interest in the Licensed Materials. You acknowledge that Tenable owns and retains all right, title and interest in and to the Licensed Materials. All enhancements, modifications and derivative works that Tenable or any Tenable-authorized third party makes to the Licensed Materials or accompanying documentation, and all intellectual property rights therein, will be the property of Tenable. Your rights with respect to the Licensed Materials are limited to the right to use the Licensed Materials pursuant to the terms and conditions in this Agreement. Any rights in or to the Licensed Materials (including rights of use) not expressly granted in this Agreement are reserved by Tenable.
5. No Reverse Engineering, Other Restrictions. You may not directly or indirectly: (i) sell, lease, redistribute or transfer any of the Licensed Materials on a stand-alone basis; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive, obtain or modify the source code of the Licensed Materials; (iii) reproduce, modify, translate or create derivative works of all or any part of the Licensed Materials; (iv) rent, lease or loan the Licensed Materials in any form to any third party; (v) remove, alter or obscure any proprietary notice, labels, or marks on the Licensed Materials; or (vi) sell, resell, loan or otherwise provide access to third parties to the APIs, Nessus client interface, or Nessus communication interface shipped by Tenable and provided to You. You may not sublicense any of the rights granted to You in this Agreement. You may not distribute or otherwise provide the Licensed Materials to third parties unless authorized to do so in writing by Tenable. You are responsible for all use of the Licensed Materials and for compliance with this Agreement; any breach by You or any user using the Licensed Materials on Your behalf shall be deemed to have been made by You. You may not copy the documentation as You agree it is provided to You under copyright protection. You may not use the Licensed Materials if You are, or You work for, a competitor of Tenable’s in the network security software industry. For the avoidance of doubt, You may not include or redistribute the Licensed Materials on physical or virtual appliances to perform on-site scans.
6. Restrictions on Third Party Use and Access. You may permit a third party (a "Third Party") to (a) use the Licensed Materials to perform security services for Your business or (b) administer the Licensed Materials, each provided that: (i) any such Third Party use or administration is for Your sole benefit and on Your behalf; (ii) You acknowledge that You shall be legally responsible for the Third Party’s use of the Licensed Materials including any obligations arising from such use and any breach by the Third Party of the terms and conditions of the Agreement, including Section 7 (Confidentiality); (iii) usage by You and the Third Party, when taken together, does not at any time exceed the usage restrictions imposed under this Agreement. Upon sixty (60) days’ notice, Tenable may withdraw its consent to the use of any Third Party in its reasonable discretion. You agree not to deliver or otherwise make available the Licensed Materials, in whole or in part, to any party other than Tenable, except for purposes specifically related to Your use of the Licensed Materials, without Tenable’s prior written consent. You agree to use Your commercially reasonable efforts and to take all reasonable steps to ensure that no unauthorized parties have or use the Licensed Materials and that no unauthorized copy, publication, disclosure or distribution of the Licensed Materials, in whole or in part, in any form is made by You or any third party. You agree to notify Tenable promptly of any unauthorized access to, or use, copying, publication, disclosure or distribution of the Licensed Materials. You acknowledge that the Licensed Materials contain valuable Confidential Information and trade secrets of Tenable or its affiliates and their licensors or suppliers.
7. Confidentiality. (a) As used in this Agreement, "Confidential Information" means any and all information and material of a party that: (i) is marked "Confidential," "Restricted," or "Confidential Information" or other similar marking; (ii) is known by the party Tenable Network Security Confidential and Proprietary 4 Nessus Software License and Subscription Agreement v13 03.03.15 receiving it under this Agreement (the "Receiving Party") to be confidential or proprietary; or (iii) from all the relevant circumstances, a reasonable person would understand to be confidential or proprietary. Tenable’s Confidential Information includes the Licensed Materials. Confidential Information does not include any information that the Receiving Party can prove: (a) was already known to the Receiving Party without restrictions at the time of its disclosure by the other party (the "Disclosing Party"); (b) after its disclosure by the Disclosing Party, is made known to the Receiving Party without restrictions by a third party having the right to do so; (c) is or becomes publicly known without violation of this Agreement; or (d) is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information. Confidential Information will remain the property of the Disclosing Party, and the Receiving Party will not be deemed by virtue of this Agreement or any access to the Disclosing Party’s Confidential Information to have acquired any right, title or interest in or to the Disclosing Party’s Confidential Information. The Receiving Party may not copy any of the Disclosing Party’s Confidential Information without the Disclosing Party’s prior written permission. The Receiving Party may not remove any copyright, trademark, proprietary rights or other notices included in or affixed to any of the Disclosing Party’s Confidential Information. Other than using the Licensed Materials in accordance with the terms of this Agreement, You may not use Tenable’s Confidential Information for Your or a third party’s benefit, competitive development or any other purpose. The Receiving Party agrees: (I) to hold the Disclosing Party’s Confidential Information in strict confidence; (II) to limit disclosure of the Disclosing Party’s Confidential Information to the Receiving Party’s own employees having a need to know the Confidential Information for the purposes of this Agreement or those of any Third Party, as specified in Section 6; (III) not to disclose the Disclosing Party’s Confidential Information to any third party other than to a Third Party as specified in Section 6; (IV) to use the Confidential Information solely and exclusively in accordance with the terms of this Agreement in order to carry out the Receiving Party’s obligations and exercise the Receiving Party rights under this Agreement; (V) to afford the Disclosing Party’s Confidential Information at least the same level of protection against unauthorized disclosure or use as the Receiving Party normally uses to protect its own information of a similar character, but in no event less than reasonable care; and (VI) to notify the Disclosing Party promptly of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information and to cooperate with and assist the Disclosing Party in every reasonable way to stop or minimize such unauthorized use or disclosure. The Receiving Party agrees that if a court of competent jurisdiction determines that the Receiving Party has breached, or attempted or threatened to breach, the Receiving Party’s confidentiality obligations to the Disclosing Party or its proprietary rights, the Disclosing Party will suffer irreparable harm and that monetary damages will be inadequate to compensate it for such breach. Accordingly, the Disclosing Party, in addition to and not in lieu of any other rights, remedies or damages available to it at law or in equity, shall be entitled to seek appropriate injunctive relief and other measures restraining further attempted or threatened breaches of such obligations without requirement to post any bond. Tenable is not willing to accept any confidential information or any personal information from You under this Agreement unless you are licensing Nessus Professional or Nessus Manager. (b) You acknowledge that Tenable does not require any personally identifiable information, (beyond name, phone number and email) from You for any reason whatsoever, including without limitation in order for Tenable to provide the Licensed Materials or any associated support. However, If You disclose any information that is "Nonpublic Personal Information", as defined in Title V of the Gramm-Leach-Bliley Act of 1999, or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time, or "Protected Health Information (‘PHI’)", as defined in the Health Insurance Portability and Accountability Act of 1996, or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time, for which You have separate obligations, You will notify Tenable immediately. Upon such written notification, Tenable will take steps to return or destroy the Nonpublic Personal Information or PHI as quickly as reasonably possible and will protect such information in accordance with Your reasonable instructions prior to returning or destroying it. This should not be read as to alleviate any requirement on You to keep such information confidential and Tenable does not assume any liability with respect to Your disclosure whether willful or accidental.
8. Warranty and Disclaimer. (a) Licensed Materials. Tenable warrants that, for a period of thirty (30) days from the Effective Date (the "Warranty Period"), the unmodified Licensed Materials will, under normal use, substantially perform the functions described in their technical documentation. If there is a breach of this warranty, then Tenable’s sole obligation, and Your exclusive remedy, will be for Tenable, at its option, to correct the performance of the Licensed Materials at no charge so that it substantially performs the functions described in its technical documentation or to replace the Licensed Materials. You acknowledge that the remedies described in the preceding sentence are sufficient and cannot fail of their essential purpose. (b) Disclaimer. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8(a), TENABLE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF Tenable Network Security Confidential and Proprietary 5 Nessus Software License and Subscription Agreement v13 03.03.15 TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. TENABLE MAKES NO WARRANTY THAT THE LICENSED MATERIALS WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER.
9. Limitation of Liability. IF YOU SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM TENABLE (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) TENABLE WILL BE LIABLE ONLY FOR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS) THE FEES, IF ANY, YOU PAID TO TENABLE UNDER THIS AGREEMENT WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EARLIEST DATE ON WHICH THE ACT OR OMMISSION GIVING RISE TO YOUR CLAIM OCCURRED OR SHOULD HAVE OCCURRED, AS APPLICABLE.
10. Exclusion of Damages. UNDER NO CIRCUMSTANCES WILL TENABLE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS; LOST PROFITS; OR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PERFORMANCE OF THE LICENSED MATERIALS OR OF ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR NOT TENABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE LICENSED MATERIALS, AND FOR ANY RELIANCE THEREON.
11. Additional Provisions Regarding Liability. The limitations of liability set forth in Sections 9 and 10 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this Agreement. The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct or damages for strict liability that may not be limited by law.
12. Indemnification. (a) Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Agreement, Tenable will not assume and should not be exposed to the business and operational risks associated with Your business and your use of the Licensed Materials. You acknowledge that Your use of the Licensed Materials is only a portion of Your overall security solution and that Tenable is not responsible for Your overall security solution. The parties acknowledge that the use of the Licensed Materials may affect the operation of Your network during vulnerability scanning. Tenable shall not be liable to You for any impairment of the operation of Your network arising from Your use of the Licensed Materials during such scanning. As between You and Tenable, You are (and Tenable is not) responsible for the success or failure of such security solution. Accordingly, You agree that You will, at Your expense, indemnify, defend and hold Tenable harmless in all claims and actions that seek compensation of any kind for injury or death to persons and/or for damage to property, and that arise out of or relate to Your security solutions or Your use of the Licensed Materials or the solutions You provide to a third party through Your use of the Licensed Materials. You also agree to pay all settlements, costs, damages, legal fees and expenses finally awarded in all such claims and actions. If You are a governmental entity that is prohibited by applicable law from providing this type of indemnification, this Section 12(a) will not apply. The following provision applies only to Nessus Professional and Nessus Manager subscriptions: (b) Tenable will, at its sole cost and expense, defend (or at its option, settle) and indemnify You and Your subsidiaries and affiliates, and their officers, directors, employees, representatives and agents, from and against any and all third party claims brought against You based upon a claim that use of the Licensed Materials in accordance with this Agreement infringes such third party’s United States patent, copyright or trademark or misappropriates any trade secret, and will pay all settlements entered into and damages finally awarded (including reasonable attorneys’ fees) to the extent based on such claim Tenable Network Security Confidential and Proprietary 6 Nessus Software License and Subscription Agreement v13 03.03.15 or action, provided that You give Tenable (a) prompt notice of such action or claim; (b) the right to control and direct the investigation, defense, and/or settlement of such action or claim; and (c) reasonable cooperation. If Your use of the Licensed Materials is, or in Tenable’s opinion is likely to be, the subject of an infringement claim, or if required by settlement, Tenable may, in its sole discretion and expense, (a) substitute for the Licensed Materials substantially functionally similar non-infringing software; (b) procure for You the right to continue using the Licensed Materials; (c) if the infringing material consists of Plugins, remove the Plugins in question from the subscription and provide You with a pro rata refund based upon the total number of Plugins removed relative to the total number of Plugins; or (d) terminate this Agreement, accept return of the Licensed Materials and refund to You the Fee for the portion of the Term paid for but not yet received. Tenable has no liability with respect to patent, copyright or trademark infringement or trade secret misappropriation arising out of: (i) modifications of the Licensed Materials; (ii) Your use of the Licensed Materials in combination with software (other than the Software) or third party equipment; (iii) Your failure to use any new or corrected versions of the Licensed Materials made available by Tenable; or (iv) Your use of the Licensed Materials in a manner not permitted by this Agreement. This Section 12(b) sets forth Tenable’s sole liability and Your sole and exclusive remedy with respect to any claim of intellectual property infringement by the Licensed Materials.
13. Verification. For the term of this Agreement and one (1) year thereafter, You agree that Tenable or its designee shall have the right, at its own expense and under reasonable conditions of time and place, to audit and copy all records of Your use of the Software. Upon Tenable’s written approval, Tenable may instead require You to complete accurately a self-audit questionnaire in a form provided by Tenable. If an audit reveals unlicensed use of the Licensed Materials, a breach of this Agreement or underpayment of any Fees by You or Your employees or agents, You must, in addition to such other rights and remedies as may be available to Tenable as the result of such breach, promptly order and pay for sufficient licenses (at Tenable’s then-current price for such licenses) to permit all usage disclosed and pay the full cost of such audit and copying. Tenable will use information obtained from such audit only to verify and enforce Your compliance with the terms of this Agreement, to comply with any governmental reporting requirements and for such other purposes as required by law. The foregoing audit right will not apply to the extent not allowable under applicable law.
14. Your Payment Obligations. You agree to pay any and all amounts due or incurred by You as specified in the invoice for the applicable subscription to the Licensed Materials (the "Fees"). The invoice may be issued by Tenable or one of its authorized distributors, as applicable. Payment is due upon delivery of an invoice unless other terms have been agreed upon by Tenable. You agree to pay directly or reimburse Tenable (or the authorized distributor, as applicable) for any taxes (including, sales or excise taxes, value added taxes, landing fees, import duties and the like), however designated and whether foreign or domestic, arising out of this Agreement, imposed on the Plugins or the use thereof, or Tenable’s performance under this Agreement. You agree to pay invoices under this Agreement without deducting any present or future taxes, withholdings or other charges except those deductions it is legally required to make. If You are legally required to make any deductions, You agree to pay such amounts as are necessary to make the net amounts remaining after such deductions equal to the stated amount due under this Agreement. The payments or reimbursements will be in such amounts as are sufficient to relieve Tenable (or the authorized distributor, as applicable) from owing any further taxes, either directly or on the basis of the payments made under this Agreement. Notwithstanding the foregoing, Tenable will be solely responsible for its income tax obligations and all employer reporting and payment obligations with respect to its personnel. You agree to pay any interest and penalties imposed by any taxing authorities to the extent such interest and penalties are applicable to taxes not paid at Your request or as a result of reliance by Tenable (or the authorized distributor, as applicable) on Your representations. If a certificate of exemption or similar document or proceeding is necessary in order to exempt any transaction from a tax, You will obtain such certificate or document.
15. Legal Compliance; Restricted Rights. The Licensed Materials are provided solely for lawful purposes and use. You are solely responsible for, and agree to perform Your obligations in a manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations, codes and other types of government authority (including those governing export control, unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and requiring permits, licenses, approvals, and other consents) ("Laws"). If a charge is made that You are not complying with any such Laws, You will promptly notify Tenable of such charges in writing. Without limiting the foregoing, You agree to comply with all U.S. export Laws (including the International Traffic in Arms Regulation ("ITAR"), 22 CFR 120-130, and the Export Administration Regulation ("EAR"), 15 CFR Parts 730 et seq.) and applicable export Laws of Your locality (if You are not in the United States), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirectly in violation of Law or without first obtaining all required authorizations or licenses. No physical or computational access Tenable Network Security Confidential and Proprietary 7 Nessus Software License and Subscription Agreement v13 03.03.15 by nationals of any country listed in Country Group E:1 in Supplement No. 1 to part 740 of the EAR is permitted. You will, at Your sole cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to Your obligations under this Agreement. You agree, at Your expense, to comply with all foreign exchange and other Laws applicable to You. The parties further agree to comply with sanctions administered by the Department of Treasury’s Office of Foreign Assets Control ("OFAC") and shall not engage in prohibited trade to persons or entities on the Specially Designated Nationals ("SDN") list. Unless You are prohibited by law from doing so, You will defend, indemnify, and hold Tenable harmless from any breach of this Section 15.
16. Termination. (a) You may terminate this Agreement at any time by destroying or returning to Tenable the Licensed Materials, together with all copies, modifications and merged portions of the Licensed Materials in any form. (b) This Agreement and Your license to use the Licensed Materials shall terminate automatically if You fail to comply with any term or condition of this Agreement. (c) Immediately upon termination of this Agreement, You shall destroy or return to Tenable the Licensed Materials, together with all copies, modifications and merged portions of the Licensed Materials in any form, and shall certify to Tenable in writing that through Your commercially reasonable efforts and to Your knowledge all such materials have been destroyed or returned to Tenable and removed from host computers on which the Licensed Materials resided. However, You may download the then-current version of the Licensed Materials and enter into a new license under the then-current terms. The removal and deletion provisions of this Section do not apply to copies of the Licensed Materials that are made pursuant to Your reasonable back-up and archival policies (under which back-up tapes that will be overwritten in due course may contain copies of the Licensed Materials), provided that (i) such copies are only retained by You in the course of Your back-up procedures, (ii) such copies will be deleted within a reasonable period of time in the normal course of overwriting under the back-up process, and (iii) such copies never be used to exceed the license restrictions under this Agreement. (d) Any provision of this Agreement that imposes or contemplates continuing obligations on a party, including Sections 4, 5, 6, 7, 9, 10, 11, 13, 16, 17, 22, and 23 will survive the expiration or termination of this Agreement.
17. Governing Law and Dispute Resolution. (a) This Agreement shall be governed in all respects by the laws of the State of Maryland, USA, without regard to choice-of-law rules or principles. If You are a governmental entity that cannot legally agree to be governed by the laws of the State of Maryland, this Section 17(a) will be deemed to refer to the laws of the Your state rather than to the State of Maryland. (b) You and Tenable submit to the exclusive jurisdiction of the courts of Howard County, Maryland and the United States District Court for Maryland, Baltimore Division, for any question or dispute arising out of or relating to this Agreement. Due to the high costs and time involved in commercial litigation before a jury, the parties waive all right to a jury trial with respect to any and all issues in any action or proceeding arising out of or related to this Agreement. If You are a governmental entity that cannot legally submit to the exclusive jurisdiction of the courts of Howard County, Maryland, this Section 17(b) will be deemed to be deleted. (c) The Licensed Materials are licensed subject to Tenable’s standard commercial agreement (this Agreement); the Licensed Materials are commercial items as defined by the Federal Acquisition Regulation (FAR) System, Title 48 of the Code of Federal Regulations. Tenable licenses the Licensed Materials to You pursuant to the terms of this Agreement and not any clause identified in FAR Part 27, DFARS Part 227, or any other government agency data rights clause, except that, if You are a government entity and the Agreement is subject to FAR 52.227-19 Commercial Computer Software License (Dec 2007), Tenable agrees that that clause supplements the other terms of this Agreement. If you do not agree to the terms of this paragraph, you shall return the Licensed Materials unused for a refund. (d) You expressly agree with Tenable that this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. No aspect or provision of the Uniform Computer Information Transactions Act, as implemented under Maryland law, shall apply to this Agreement. Tenable Network Security Confidential and Proprietary 8 Nessus Software License and Subscription Agreement v13 03.03.15
18. Notices. Any notices or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as a party may specify in writing. Tenable may also provide notices to You via an email address You have provided to Tenable. All notices to Tenable shall be sent to the attention of the Legal Department, at Tenable Network Security, 7021 Columbia Gateway Drive, Suite 500, Columbia, MD 21046.
19. Transfer and Assignment. You may not rent, lease, lend, sublicense or otherwise provide the Licensed Materials to any third party, except as expressly provided in this Agreement. You may not assign or otherwise transfer this Agreement without Tenable’s prior written consent. You may use the Licensed Materials to provide services to third parties only as expressly provided in this Agreement.
20. Language. The language of this Agreement is English and all invoices and other documents given under this Agreement must be in English to be effective. No translation, if any, of this Agreement or any notice will be of any effect in the interpretation of this Agreement or in determining the intent of the parties.
21. Third Parties. This Agreement is not intended nor will it be interpreted to confer any benefit, right or privilege in any person or entity not a party to this Agreement. Any party who is not a party to this Agreement has no right under any Law to enforce any term of this Agreement.
22. Trademarks. Nessus, ProfessionalFeed, HomeFeed, Tenable Network Security and Tenable’s "hexagon" logo are registered trademarks of Tenable. Tenable’s other logos, including the "eye" logo, are also trademarks of Tenable. Tenable does not grant to You, either expressly or by implication, any license or permission under this Agreement to use any of the Tenable marks (including trademarks, service marks, trade names, trade dress, symbols, logos, designs, domain names, slogans and other source identifiers).
23. General. This Agreement constitutes the entire agreement between the parties, and supersedes all other prior or contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement, provided, however, that this Agreement will not supersede (and will be subject to) any written agreements signed by both Tenable and You that contain license terms for the Licensed Materials and that specifically provide that such agreements are intended to supersede license agreements that may be included in subsequent orders of the Licensed Materials. Tenable will provide a reasonable replacement for damaged or lost Licensed Materials for You at no charge. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. Unless Tenable agrees otherwise, You agree that Tenable may use Your name in a customer list. Neither party shall be liable for any loss or delay (including failure to meet the service level commitment) resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, Internet service provider failures or delays, civil unrest, war or military hostilities, criminal acts of third parties, and any payment date or delivery date shall be extended to the extent of any delay resulting from any force majeure event. No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. If a party waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. "Including" and its derivatives (such as "include" and "includes") mean including without limitation; this term is as defined, whether or not capitalized in this Agreement.
TENCENT HUNYUAN 3D 2.0 COMMUNITY LICENSE AGREEMENT
Tencent Hunyuan 3D 2.0 Release Date: January 21, 2025
THIS LICENSE AGREEMENT DOES NOT APPLY IN THE EUROPEAN UNION, UNITED KINGDOM AND SOUTH KOREA AND IS EXPRESSLY LIMITED TO THE TERRITORY, AS DEFINED BELOW.
By clicking to agree or by using, reproducing, modifying, distributing, performing or displaying any portion or element of the Tencent Hunyuan 3D 2.0 Works, including via any Hosted Service, You will be deemed to have recognized and accepted the content of this Agreement, which is effective immediately.
1. DEFINITIONS.
a. “Acceptable Use Policy” shall mean the policy made available by Tencent as set forth in the Exhibit A.
b. “Agreement” shall mean the terms and conditions for use, reproduction, distribution, modification, performance and displaying of Tencent Hunyuan 3D 2.0 Works or any portion or element thereof set forth herein.
c. “Documentation” shall mean the specifications, manuals and documentation for Tencent Hunyuan 3D 2.0 made publicly available by Tencent.
d. “Hosted Service” shall mean a hosted service offered via an application programming interface (API), web access, or any other electronic or remote means.
e. “Licensee,” “You” or “Your” shall mean a natural person or legal entity exercising the rights granted by this Agreement and/or using the Tencent Hunyuan 3D 2.0 Works for any purpose and in any field of use.
f. “Materials” shall mean, collectively, Tencent’s proprietary Tencent Hunyuan 3D 2.0 and Documentation (and any portion thereof) as made available by Tencent under this Agreement.
g. “Model Derivatives” shall mean all: (i) modifications to Tencent Hunyuan 3D 2.0 or any Model Derivative of Tencent Hunyuan 3D 2.0; (ii) works based on Tencent Hunyuan 3D 2.0 or any Model Derivative of Tencent Hunyuan 3D 2.0; or (iii) any other machine learning model which is created by transfer of patterns of the weights, parameters, operations, or Output of Tencent Hunyuan 3D 2.0 or any Model Derivative of Tencent Hunyuan 3D 2.0, to that model in order to cause that model to perform similarly to Tencent Hunyuan 3D 2.0 or a Model Derivative of Tencent Hunyuan 3D 2.0, including distillation methods, methods that use intermediate data representations, or methods based on the generation of synthetic data Outputs by Tencent Hunyuan 3D 2.0 or a Model Derivative of Tencent Hunyuan 3D 2.0 for training that model. For clarity, Outputs by themselves are not deemed Model Derivatives.
h. “Output” shall mean the information and/or content output of Tencent Hunyuan 3D 2.0 or a Model Derivative that results from operating or otherwise using Tencent Hunyuan 3D 2.0 or a Model Derivative, including via a Hosted Service.
i. “Tencent,” “We” or “Us” shall mean THL A29 Limited.
j. “Tencent Hunyuan 3D 2.0” shall mean the 3D generation models and their software and algorithms, including trained model weights, parameters (including optimizer states), machine-learning model code, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing made publicly available by Us at https://github.com/Tencent/Hunyuan3D-2.
k. “Tencent Hunyuan 3D 2.0 Works” shall mean: (i) the Materials; (ii) Model Derivatives; and (iii) all derivative works thereof.
l. “Territory” shall mean the worldwide territory, excluding the territory of the European Union, United Kingdom and South Korea.
m. “Third Party” or “Third Parties” shall mean individuals or legal entities that are not under common control with Us or You.
n. “including” shall mean including but not limited to.
2. GRANT OF RIGHTS.
We grant You, for the Territory only, a non-exclusive, non-transferable and royalty-free limited license under Tencent’s intellectual property or other rights owned by Us embodied in or utilized by the Materials to use, reproduce, distribute, create derivative works of (including Model Derivatives), and make modifications to the Materials, only in accordance with the terms of this Agreement and the Acceptable Use Policy, and You must not violate (or encourage or permit anyone else to violate) any term of this Agreement or the Acceptable Use Policy.
3. DISTRIBUTION.
You may, subject to Your compliance with this Agreement, distribute or make available to Third Parties the Tencent Hunyuan 3D 2.0 Works, exclusively in the Territory, provided that You meet all of the following conditions:
a. You must provide all such Third Party recipients of the Tencent Hunyuan 3D 2.0 Works or products or services using them a copy of this Agreement;
b. You must cause any modified files to carry prominent notices stating that You changed the files;
c. You are encouraged to: (i) publish at least one technology introduction blogpost or one public statement expressing Your experience of using the Tencent Hunyuan 3D 2.0 Works; and (ii) mark the products or services developed by using the Tencent Hunyuan 3D 2.0 Works to indicate that the product/service is “Powered by Tencent Hunyuan”; and
d. All distributions to Third Parties (other than through a Hosted Service) must be accompanied by a “Notice” text file that contains the following notice: “Tencent Hunyuan 3D 2.0 is licensed under the Tencent Hunyuan 3D 2.0 Community License Agreement, Copyright © 2025 Tencent. All Rights Reserved. The trademark rights of “Tencent Hunyuan” are owned by Tencent or its affiliate.”
You may add Your own copyright statement to Your modifications and, except as set forth in this Section and in Section 5, may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Model Derivatives as a whole, provided Your use, reproduction, modification, distribution, performance and display of the work otherwise complies with the terms and conditions of this Agreement (including as regards the Territory). If You receive Tencent Hunyuan 3D 2.0 Works from a Licensee as part of an integrated end user product, then this Section 3 of this Agreement will not apply to You.
4. ADDITIONAL COMMERCIAL TERMS.
If, on the Tencent Hunyuan 3D 2.0 version release date, the monthly active users of all products or services made available by or for Licensee is greater than 1 million monthly active users in the preceding calendar month, You must request a license from Tencent, which Tencent may grant to You in its sole discretion, and You are not authorized to exercise any of the rights under this Agreement unless or until Tencent otherwise expressly grants You such rights.
Subject to Tencent's written approval, you may request a license for the use of Tencent Hunyuan 3D 2.0 by submitting the following information to hunyuan3d@tencent.com:
a. Your company’s name and associated business sector that plans to use Tencent Hunyuan 3D 2.0.
b. Your intended use case and the purpose of using Tencent Hunyuan 3D 2.0.
5. RULES OF USE.
a. Your use of the Tencent Hunyuan 3D 2.0 Works must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Tencent Hunyuan 3D 2.0 Works, which is hereby incorporated by reference into this Agreement. You must include the use restrictions referenced in these Sections 5(a) and 5(b) as an enforceable provision in any agreement (e.g., license agreement, terms of use, etc.) governing the use and/or distribution of Tencent Hunyuan 3D 2.0 Works and You must provide notice to subsequent users to whom You distribute that Tencent Hunyuan 3D 2.0 Works are subject to the use restrictions in these Sections 5(a) and 5(b).
b. You must not use the Tencent Hunyuan 3D 2.0 Works or any Output or results of the Tencent Hunyuan 3D 2.0 Works to improve any other AI model (other than Tencent Hunyuan 3D 2.0 or Model Derivatives thereof).
c. You must not use, reproduce, modify, distribute, or display the Tencent Hunyuan 3D 2.0 Works, Output or results of the Tencent Hunyuan 3D 2.0 Works outside the Territory. Any such use outside the Territory is unlicensed and unauthorized under this Agreement.
6. INTELLECTUAL PROPERTY.
a. Subject to Tencent’s ownership of Tencent Hunyuan 3D 2.0 Works made by or for Tencent and intellectual property rights therein, conditioned upon Your compliance with the terms and conditions of this Agreement, as between You and Tencent, You will be the owner of any derivative works and modifications of the Materials and any Model Derivatives that are made by or for You.
b. No trademark licenses are granted under this Agreement, and in connection with the Tencent Hunyuan 3D 2.0 Works, Licensee may not use any name or mark owned by or associated with Tencent or any of its affiliates, except as required for reasonable and customary use in describing and distributing the Tencent Hunyuan 3D 2.0 Works. Tencent hereby grants You a license to use “Tencent Hunyuan” (the “Mark”) in the Territory solely as required to comply with the provisions of Section 3(c), provided that You comply with any applicable laws related to trademark protection. All goodwill arising out of Your use of the Mark will inure to the benefit of Tencent.
c. If You commence a lawsuit or other proceedings (including a cross-claim or counterclaim in a lawsuit) against Us or any person or entity alleging that the Materials or any Output, or any portion of any of the foregoing, infringe any intellectual property or other right owned or licensable by You, then all licenses granted to You under this Agreement shall terminate as of the date such lawsuit or other proceeding is filed. You will defend, indemnify and hold harmless Us from and against any claim by any Third Party arising out of or related to Your or the Third Party’s use or distribution of the Tencent Hunyuan 3D 2.0 Works.
d. Tencent claims no rights in Outputs You generate. You and Your users are solely responsible for Outputs and their subsequent uses.
7. DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY.
a. We are not obligated to support, update, provide training for, or develop any further version of the Tencent Hunyuan 3D 2.0 Works or to grant any license thereto.
b. UNLESS AND ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE TENCENT HUNYUAN 3D 2.0 WORKS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, COURSE OF DEALING, USAGE OF TRADE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, REPRODUCING, MODIFYING, PERFORMING, DISPLAYING OR DISTRIBUTING ANY OF THE TENCENT HUNYUAN 3D 2.0 WORKS OR OUTPUTS AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR OR A THIRD PARTY’S USE OR DISTRIBUTION OF ANY OF THE TENCENT HUNYUAN 3D 2.0 WORKS OR OUTPUTS AND YOUR EXERCISE OF RIGHTS AND PERMISSIONS UNDER THIS AGREEMENT.
c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENCENT OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND ARISING FROM THIS AGREEMENT OR RELATED TO ANY OF THE TENCENT HUNYUAN 3D 2.0 WORKS OR OUTPUTS, EVEN IF TENCENT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
8. SURVIVAL AND TERMINATION.
a. The term of this Agreement shall commence upon Your acceptance of this Agreement or access to the Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein.
b. We may terminate this Agreement if You breach any of the terms or conditions of this Agreement. Upon termination of this Agreement, You must promptly delete and cease use of the Tencent Hunyuan 3D 2.0 Works. Sections 6(a), 6(c), 7 and 9 shall survive the termination of this Agreement.
9. GOVERNING LAW AND JURISDICTION.
a. This Agreement and any dispute arising out of or relating to it will be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to conflict of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
b. Exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement will be a court of competent jurisdiction in the Hong Kong Special Administrative Region of the People’s Republic of China, and Tencent and Licensee consent to the exclusive jurisdiction of such court with respect to any such dispute.
EXHIBIT A
ACCEPTABLE USE POLICY
Tencent reserves the right to update this Acceptable Use Policy from time to time.
Last modified: November 5, 2024
Tencent endeavors to promote safe and fair use of its tools and features, including Tencent Hunyuan 3D 2.0. You agree not to use Tencent Hunyuan 3D 2.0 or Model Derivatives:
1. Outside the Territory;
2. In any way that violates any applicable national, federal, state, local, international or any other law or regulation;
3. To harm Yourself or others;
4. To repurpose or distribute output from Tencent Hunyuan 3D 2.0 or any Model Derivatives to harm Yourself or others;
5. To override or circumvent the safety guardrails and safeguards We have put in place;
6. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
7. To generate or disseminate verifiably false information and/or content with the purpose of harming others or influencing elections;
8. To generate or facilitate false online engagement, including fake reviews and other means of fake online engagement;
9. To intentionally defame, disparage or otherwise harass others;
10. To generate and/or disseminate malware (including ransomware) or any other content to be used for the purpose of harming electronic systems;
11. To generate or disseminate personal identifiable information with the purpose of harming others;
12. To generate or disseminate information (including images, code, posts, articles), and place the information in any public context (including –through the use of bot generated tweets), without expressly and conspicuously identifying that the information and/or content is machine generated;
13. To impersonate another individual without consent, authorization, or legal right;
14. To make high-stakes automated decisions in domains that affect an individual’s safety, rights or wellbeing (e.g., law enforcement, migration, medicine/health, management of critical infrastructure, safety components of products, essential services, credit, employment, housing, education, social scoring, or insurance);
15. In a manner that violates or disrespects the social ethics and moral standards of other countries or regions;
16. To perform, facilitate, threaten, incite, plan, promote or encourage violent extremism or terrorism;
17. For any use intended to discriminate against or harm individuals or groups based on protected characteristics or categories, online or offline social behavior or known or predicted personal or personality characteristics;
18. To intentionally exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
19. For military purposes;
20. To engage in the unauthorized or unlicensed practice of any profession including, but not limited to, financial, legal, medical/health, or other professional practices.
Unlimited distribution and/or modification is allowed as long as this copyright
notice remains intact.
License:
This is free software. You may use this software for any
purpose including modification/redistribution, so long as
this header remains intact and that you do not claim any
rights of ownership or authorship of this software. This
software has been tested, but no warranty is expressed or
implied.
As a special exception, when this file is read by TeX when processing
a Texinfo source document, you may use the result without
restriction. This Exception is an additional permission under section 7
of the GNU General Public License, version 3 ("GPLv3").
COPYING CONDITIONS FOR TeX Live:
To the best of our knowledge, all software in the TeX Live distribution
is freely redistributable (libre, that is, not necessarily gratis),
within the Free Software Foundation's definition and the Debian Free
Software Guidelines. Where the two conflict, we generally follow the
FSF (see [*] below). If you find any non-free files included, please
contact us (references given at the end).
That said, TeX Live has neither a single copyright holder nor a single
license covering its entire contents, since it is a collection of many
disparate packages. Therefore, you may copy, modify, and/or
redistribute software from TeX Live only if you comply with the
requirements placed thereon by the owners of the respective packages.
To most easily learn these requirements, we suggest checking the TeX
Catalogue at: http://www.ctan.org/tex-archive/help/Catalogue/ (or any
CTAN mirror). The Catalogue is also included in TeX Live in
./texmf/doc/html/catalogue/, but the online version will have updates.
Of course the legal statements within the packages themselves are the
final authority.
In some cases, TeX Live is distributed with a snapshot of the CTAN
archive, which is entirely independent of and separable from TeX Live
itself. (The "live" DVD in the TeX Collection is one example of this.)
Please be aware that the CTAN snapshot contains many files which are
*not* freely redistributable; see LICENSE.CTAN for more information.
GUIDELINES FOR REDISTRIBUTION:
In general, you may redistribute TeX Live, with or without modification,
for profit or not, according to the usual free software tenets. Here
are some general guidelines for doing this:
- If you make any changes to the TeX Live distribution or any
package it contains, besides complying with any licensing requirements,
you must prominently mention such changes in your modified distribution
so that users do not take your work for ours, and know to contact you,
not us, in case of questions or problems. A new top-level
README.<yourwork> file is a good place to describe the general situation.
- Especially (but not necessarily) if changes or additions are made, we
recommend a clearly different title, such as "<your work> DVD, based on
TeX Live YYYY (with updates)", where YYYY is the year of TeX Live you
are using. This credits both our work and yours.
- You absolutely may *not* place your own copyright on the entire
distribution, since it is not your work (as stated above, TeX Live is
not created by any single person or entity). Statements such as "all
rights reserved" and "may not be reproduced" are especially
reprehensible, since they are antithetical to the free software
principles under which TeX Live is produced.
- You may use any cover or media label designs that you wish. Such
packaging and marketing details are not covered by any TeX Live license.
- Finally, we make the following requests (not legal requirements):
a) Acknowledging that TeX Live is developed as a joint effort by all TeX
user groups, and encouraging the user/reader to join their user group
of choice. The web page http://www.tug.org/usergroups.html may be
referenced as a list of TeX user groups.
b) Referencing the TeX Live home page: http://www.tug.org/texlive/
Such information may be placed on the label of your media, your cover,
and/or in accompanying text (for instance, in the acknowledgements
section of a book).
Finally, although it is again not at all a requirement, we'd like to
invite any redistributors to make a donation to the project, whether
cash or in-kind, for example via https://www.tug.org/donate/dev.html.
Thanks.
If you have any questions or comments, *please* contact us. In general,
we appreciate being given the chance to review any TeX Live-related
material in advance of publication, simply to avoid mistakes. It is
much better to correct text on a CD label or in a book before thousands
of copies are made!
We are also happy to keep anyone planning a publication informed as to
our deadlines and progress. Just let us know. However, be aware that
TeX Live is produced entirely by volunteers, and no dates can be
guaranteed.
LICENSING FOR NEW PACKAGES:
Finally, we are often asked what license to use for new work. To be
considered for inclusion on TeX Live, a package must use a free software
license, such as the LaTeX Project Public License, the GNU General
Public License, the X Window System license, the modified BSD license,
etc. Furthermore, all sources must be available, including for
documentation files. Please see the url's below for more information.
Thanks for your interest in TeX.
- Karl Berry, editor, for the TeX Live team
------------------------------------------------------------
[*] Conflicts between FSF and Debian.
The most notable instance of legal conflict between the FSF definition
of "free software" and the Debian Free Software Guidelines is in regard
to the GNU Free Documentation License when "invariant sections" (e.g.,
Front-Cover Texts, Back-Cover Texts, or Invariant Sections) are
included. (FSF considers it free, of course, and Debian doesn't.)
The most common instance of such a license is in documentation for
official GNU packages -- such as GNU Texinfo, which is included in TeX
Live. There may be other GFDL'd files with invariant sections as well;
we have not exhaustively checked.
For TeX Live, we decided to follow the FSF, rather than Debian. So such
documentation *is* included in the original TeX Live distribution. (In
repackagings of TL according to Debian rules, it is removed.) We surely
wish these two major organizations in the free software world could
cooperate on a documentation license acceptable to both.
If other specific conflicts are brought to our attention, we will note
them here.
------------------------------------------------------------
TeX Live mailing list: texlive@tug.org
TeX Live home page: http://www.tug.org/tex-live/
The FSF's free software definition: http://www.gnu.org/philosophy/free-sw.html
Debian Free Software Guidelines: http://www.debian.org/intro/free
FSF commentary on existing licenses:
http://www.gnu.org/licenses/license-list.html
LPPL: http://latex-project.org/lppl.html or texmf/doc/latex/base/lppl.txt
LPPL rationale: texmf/doc/latex/base/modguide.pdf
I am the author of this software and its documentation and
permanently abandon all copyright and other intellectual property rights in
them, including the right to be identified as the author.
I am fairly certain that this software does what the documentation says it
does, but I cannot guarantee that it does, or that it does what you think it
should, and I cannot guarantee that it will not have undesirable side effects.
You are free to use, modify and distribute this software as you please, but
you do so at your own risk. If you remove or hide this warning then you are
responsible for any problems encountered by people that you make the software
available to.
Before modifying or distributing this software I ask that you would please
read http://www.purposeful.co.uk/tfl/
Disclaimers, Notices, and License Terms
THIS SPECIFICATION IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER,
INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR
ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY
PROPOSAL, SPECIFICATION OR SAMPLE.
Without limitation, TCG disclaims all liability, including liability for infringement of any
proprietary rights, relating to use of information in this specification and to the
implementation of this specification, and TCG disclaims all liability for cost of procurement
of substitute goods or services, lost profits, loss of use, loss of data or any incidental,
consequential, direct, indirect, or special damages, whether under contract, tort, warranty or
otherwise, arising in any way out of use or reliance upon this specification or any information
herein.
This document is copyrighted by Trusted Computing Group (TCG), and no license, express
or implied, is granted herein other than as follows: You may not copy or reproduce the
document or distribute it to others without written permission from TCG, except that you
may freely do so for the purposes of (a) examining or implementing TCG specifications or (b)
developing, testing, or promoting information technology standards and best practices, so
long as you distribute the document with these disclaimers, notices, and license terms.
Contact the Trusted Computing Group at www.trustedcomputinggroup.org for information
on specification licensing through membership agreements.
Any marks and brands contained herein are the property of their respective owners.
Transitive Grace Period Public Licence ("TGPPL") v. 1.0
This Transitive Grace Period Public Licence (the "License") applies to
any original work of authorship (the "Original Work") whose owner (the
"Licensor") has placed the following licensing notice adjacent to the
copyright notice for the Original Work:
*Licensed under the Transitive Grace Period Public Licence version 1.0*
1. *Grant of Copyright License.* Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, for the
duration of the copyright, to do the following:
1. to reproduce the Original Work in copies, either alone or as
part of a collective work;
2. to translate, adapt, alter, transform, modify, or arrange
the Original Work, thereby creating derivative works
("Derivative Works") based upon the Original Work;
3. to distribute or communicate copies of the Original Work and
Derivative Works to the public, with the proviso that copies
of Original Work or Derivative Works that You distribute or
communicate shall be licensed under this Transitive Grace
Period Public Licence no later than 12 months after You
distributed or communicated said copies;
4. to perform the Original Work publicly; and
5. to display the Original Work publicly.
2. *Grant of Patent License.* Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, under patent
claims owned or controlled by the Licensor that are embodied in
the Original Work as furnished by the Licensor, for the duration
of the patents, to make, use, sell, offer for sale, have made, and
import the Original Work and Derivative Works.
3. *Grant of Source Code License.* The term "Source Code" means the
preferred form of the Original Work for making modifications to it
and all available documentation describing how to modify the
Original Work. Licensor agrees to provide a machine-readable copy
of the Source Code of the Original Work along with each copy of
the Original Work that Licensor distributes. Licensor reserves the
right to satisfy this obligation by placing a machine-readable
copy of the Source Code in an information repository reasonably
calculated to permit inexpensive and convenient access by You for
as long as Licensor continues to distribute the Original Work.
4. *Exclusions From License Grant.* Neither the names of Licensor,
nor the names of any contributors to the Original Work, nor any of
their trademarks or service marks, may be used to endorse or
promote products derived from this Original Work without express
prior permission of the Licensor. Except as expressly stated
herein, nothing in this License grants any license to Licensor's
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sell, offer for sale, have made, or import embodiments of any
patent claims other than the licensed claims defined in Section 2.
No license is granted to the trademarks of Licensor even if such
marks are included in the Original Work. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under
terms different from this License any Original Work that Licensor
otherwise would have a right to license.
5. *External Deployment.* The term "External Deployment" means the
use, distribution, or communication of the Original Work or
Derivative Works in any way such that the Original Work or
Derivative Works may be used by anyone other than You, whether
those works are distributed or communicated to those persons or
made available as an application intended for use over a network.
As an express condition for the grants of license hereunder, You
must treat any External Deployment by You of the Original Work or
a Derivative Work as a distribution under section 1(c).
6. *Attribution Rights.* You must retain, in the Source Code of any
Derivative Works that You create, all copyright, patent, or
trademark notices from the Source Code of the Original Work, as
well as any notices of licensing and any descriptive text
identified therein as an "Attribution Notice." You must cause the
Source Code for any Derivative Works that You create to carry a
prominent Attribution Notice reasonably calculated to inform
recipients that You have modified the Original Work.
7. *Warranty of Provenance and Disclaimer of Warranty.* Licensor
warrants that the copyright in and to the Original Work and the
patent rights granted herein by Licensor are owned by the Licensor
or are sublicensed to You under the terms of this License with the
permission of the contributor(s) of those copyrights and patent
rights. Except as expressly stated in the immediately preceding
sentence, the Original Work is provided under this License on an
"AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
including, without limitation, the warranties of non-infringement,
merchantability or fitness for a particular purpose. THE ENTIRE
RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This
DISCLAIMER OF WARRANTY constitutes an essential part of this
License. No license to the Original Work is granted by this
License except under this disclaimer.
8. *Limitation of Liability.* Under no circumstances and under no
legal theory, whether in tort (including negligence), contract, or
otherwise, shall the Licensor be liable to anyone for any
indirect, special, incidental, or consequential damages of any
character arising as a result of this License or the use of the
Original Work including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any
and all other commercial damages or losses. This limitation of
liability shall not apply to the extent applicable law prohibits
such limitation.
9. *Acceptance and Termination.* If, at any time, You expressly
assented to this License, that assent indicates your clear and
irrevocable acceptance of this License and all of its terms and
conditions. If You distribute or communicate copies of the
Original Work or a Derivative Work, You must make a reasonable
effort under the circumstances to obtain the express assent of
recipients to the terms of this License. This License conditions
your rights to undertake the activities listed in Section 1,
including your right to create Derivative Works based upon the
Original Work, and doing so without honoring these terms and
conditions is prohibited by copyright law and international
treaty. Nothing in this License is intended to affect copyright
exceptions and limitations (including 'fair use' or 'fair
dealing'). This License shall terminate immediately and You may no
longer exercise any of the rights granted to You by this License
upon your failure to honor the conditions in Section 1(c).
10. *Termination for Patent Action.* This License shall terminate
automatically and You may no longer exercise any of the rights
granted to You by this License as of the date You commence an
action, including a cross-claim or counterclaim, against Licensor
or any licensee alleging that the Original Work infringes a
patent. This termination provision shall not apply for an action
alleging patent infringement by combinations of the Original Work
with other software or hardware.
11. *Jurisdiction, Venue and Governing Law.* Any action or suit
relating to this License may be brought only in the courts of a
jurisdiction wherein the Licensor resides or in which Licensor
conducts its primary business, and under the laws of that
jurisdiction excluding its conflict-of-law provisions. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any use of the
Original Work outside the scope of this License or after its
termination shall be subject to the requirements and penalties of
copyright or patent law in the appropriate jurisdiction. This
section shall survive the termination of this License.
12. *Attorneys' Fees.* In any action to enforce the terms of this
License or seeking damages relating thereto, the prevailing party
shall be entitled to recover its costs and expenses, including,
without limitation, reasonable attorneys' fees and costs incurred
in connection with such action, including any appeal of such
action. This section shall survive the termination of this License.
13. *Miscellaneous.* If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable.
14. *Definition of "You" in This License.* "You" throughout this
License, whether in upper or lower case, means an individual or a
legal entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You" includes any
entity that controls, is controlled by, or is under common control
with you. For purposes of this definition, "control" means (i) the
power, direct or indirect, to cause the direction or management of
such entity, whether by contract or otherwise, or (ii) ownership
of fifty percent (50%) or more of the outstanding shares, or (iii)
beneficial ownership of such entity.
15. *Right to Use.* You may use the Original Work in all ways not
otherwise restricted or conditioned by this License or by law, and
Licensor promises not to interfere with or be responsible for such
uses by You.
16. *Modification of This License.* This License is Copyright © 2007
Zooko Wilcox-O'Hearn. Permission is granted to copy, distribute,
or communicate this License without modification. Nothing in this
License permits You to modify this License as applied to the
Original Work or to Derivative Works. However, You may modify the
text of this License and copy, distribute or communicate your
modified version (the "Modified License") and apply it to other
original works of authorship subject to the following conditions:
(i) You may not indicate in any way that your Modified License is
the "Transitive Grace Period Public Licence" or "TGPPL" and you
may not use those names in the name of your Modified License; and
(ii) You must replace the notice specified in the first paragraph
above with the notice "Licensed under " or with a notice of your
own that is not confusingly similar to the notice in this License.
Terms of Use for The Stack
The Stack dataset is a collection of source code in over 300 programming languages. We ask that you read and acknowledge the following points before using the dataset:
1. The Stack is a collection of source code from repositories with various licenses. Any use of all or part of the code gathered in The Stack must abide by the terms of the original licenses, including attribution clauses when relevant. We facilitate this by providing provenance information for each data point.
2. The Stack is regularly updated to enact validated data removal requests. By clicking on "Access repository", you agree to update your own version of The Stack to the most recent usable version specified by the maintainers in the following thread. If you have questions about dataset versions and allowed uses, please also ask them in the dataset’s community discussions. We will also notify users via email when the latest usable version changes.
3. To host, share, or otherwise provide access to The Stack dataset, you must include these Terms of Use and require users to agree to it.
THINGS I MADE (TIM) PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
Copyright (c) Marcus Crane <marcus@thingsima.de>
1. The author of this project would really like to hear any cool stuff you made
as a result of reusing this code.
This is not enforceable but it is highly encouraged as it would make the author
happy.
2. If it breaks, the author may try to help if it's a neat bug but they aren't
obligated to provide support nor are they liable for any damages.
3. Beyond that, do whatever you feel like.
Third Eye Software, Inc. grants reproduction and use rights to
all parties, PROVIDED that this comment is maintained in the copy.
Third Eye makes no claims about the applicability of this
symbol table to a particular use.
This Library is provided as is. No warrenty is expressed or implied.
You can use these Library in free and commercial projects without a fee.
No charge should be made for providing these Library to a third party.
It is allowed to modify the source to fit your special needs. If you
made improvements you should make it public available by sending us
your modifications or publish it on your site. If you publish it on
your own site you have to notify us. This is not a commitment that we
include your modifications.
This Copyright notice must be included in the modified source code.
You are not allowed to build a commercial rewrite engine based on
this code.
THOR Public Licence (TPL)
0. Notes of Origin
0.1 As required by paragraph 6.3 of the "Mozilla Public Licence",
"MPL" in the following, it is hereby stated that this Licence
condition ("TPL") differs in the following items from the original
"Mozilla Public Licence" as provided by "Netscape Communications
Corporation":
a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence
modifications to the Author of this Licence, Thomas Richter.
b) Paragraph 11 has been modified to gover this Licence by German
law rather than Californian Law.
c) The licence has been renamed to "TPL" and "THOR Public
Licence". All references towards "MPL" have been removed except in
section 0 to indicate the difference from "MPL".
No other modifications have been made.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made
by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is: A. Any addition to or deletion from the contents of a
file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section
6.1. For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims: (a) under intellectual
property rights (other than patent or trademark) Licensable by Initial
Developer to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions
thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective
on the date Initial Developer first distributes Original Code under
the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused by: i)
the modification of the Original Code or ii) the combination of the
Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications created
by such Contributor (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: 1) Modifications made by that Contributor (or
portions thereof); and 2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of such
combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered
Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version; 3) for
infringements caused by: i) third party modifications of Contributor
Version or ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by
Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to
which You contribute are governed by the terms of this License,
including without limitation Section 2.2. The Source Code version of
Covered Code may be distributed only under the terms of this License
or a future version of this License released under Section 6.1, and
You must include a copy of this License with every copy of the Source
Code You distribute. You may not offer or impose any terms on any
Source Code version that alters or restricts the applicable version of
this License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create
or to which You contribute must be made available in Source Code form
under the terms of this License either on the same media as an
Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available;
and if made available via Electronic Distribution Mechanism, must
remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a
subsequent version of that particular Modification has been made
available to such recipients. You are responsible for ensuring that
the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to
which You contribute to contain a file documenting the changes You
made to create that Covered Code and the date of any change. You must
include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the
Source Code, and (b) in any notice in an Executable version or related
documentation in which You describe the origin or ownership of the
Covered Code.
3.4. Intellectual Property Matters (a) Third Party Claims. If
Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
"LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who
received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an
application programming interface and Contributor has knowledge of
patent licenses which are reasonably necessary to implement that API,
Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed
pursuant to Section 3.4(a) above, Contributor believes that
Contributor's Modifications are Contributor's original creation(s)
and/or Contributor has sufficient rights to grant the rights conveyed
by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in
each file of the Source Code. If it is not possible to put such
notice in a particular Source Code file due to its structure, then You
must include such notice in a location (such as a relevant directory)
where a user would be likely to look for such a notice. If You
created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code where
You describe recipients' rights or ownership rights relating to
Covered Code. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any
Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or
such Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of Section 3.1-3.5
have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and
where You have fulfilled the obligations of Section 3.2. The notice
must be conspicuously included in any notice in an Executable version,
related documentation or collateral in which You describe recipients'
rights relating to the Covered Code. You may distribute the Executable
version of Covered Code or ownership rights under a license of Your
choice, which may contain terms different from this License, provided
that You are in compliance with the terms of this License and that the
license for the Executable version does not attempt to limit or alter
the recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version under
a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by the
Initial Developer or any Contributor. You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case, You
must make sure the requirements of this License are fulfilled for the
Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Thomas Richter may publish revised and/or new
versions of the License from time to time. Each version will be given
a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published
under a particular version of the License, You may always continue to
use it under the terms of that version. You may also choose to use
such Covered Code under the terms of any subsequent version of the
License published by Thomas Richter. No one other than Thomas Richter
has the right to modify the terms applicable to Covered Code created
under this License.
6.3. Derivative Works. If You create or use a modified version of
this License (which you may only do in order to apply it to code which
is not already Covered Code governed by this License), You must (a)
rename Your license so that the phrases "TPL", "THOR Software",
"Thomas Richter" or any confusingly similar phrase do not appear in
your license (except to note that your license differs from this
License) and (b) otherwise make it clear that Your version of the
license contains terms which differ from the THOR Public
License. (Filling in the name of the Initial Developer, Original Code
or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i) agree
in writing to pay Participant a mutually agreeable reasonable royalty
for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those
rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
German law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With
respect to disputes in which at least one party is a citizen of, or an
entity chartered or registered to do business in Federal Republic of
Germany, any litigation relating to this License shall be subject to
the jurisdiction of the Federal Courts of the Federal Republic of
Germany, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to
this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
Multiple-Licensed. Multiple-Licensed means that the Initial Developer
permits you to utilize portions of the Covered Code under Your choice
of the TPL or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.
EXHIBIT A - THOR Public License.
The contents of this file are subject to the THOR Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specificlanguage governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is _____________.
Portions created by ______________________ are
Copyright (C) ______ _______________________.
All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the [___] License), in which case the provisions
of [______] License are applicable instead of those above. If you
wish to allow use of your version of this file only under the terms of
the [____] License and not to allow others to use your version of this
file under the TPL, indicate your decision by deleting the provisions
above and replace them with the notice and other provisions required
by the [___] License. If you do not delete the provisions above, a
recipient may use your version of this file under either the TPL or
the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
This file may be distributed, modified, and used in other works with just
one restriction: modified versions must clearly indicate the modification
(a name change, or a displayed message, or ?).
1. License - Texas Instruments (hereinafter "TI"), grants you a license
to use the software program and documentation in this package ("Licensed
Materials") for Texas Instruments broadband products.
2. Restrictions - You may not reverse-assemble or reverse-compile the
Licensed Materials provided in object code or executable format. You may
not sublicense, transfer, assign, rent, or lease the Licensed Materials
or this Agreement without written permission from TI.
3. Copyright - The Licensed Materials are copyrighted. Accordingly, you
may either make one copy of the Licensed Materials for backup and/or
archival purposes or copy the Licensed Materials to another medium and
keep the original Licensed Materials for backup and/or archival purposes.
4. Runtime and Applications Software - You may create modified or
derivative programs of software identified as Runtime Libraries or
Applications Software, which, in source code form, remain subject to this
Agreement, but object code versions of such derivative programs are not
subject to this Agreement.
5. Warranty - TI warrants the media to be free from defects in material
and workmanship and that the software will substantially conform to the
related documentation for a period of ninety (90) days after the date of
your purchase. TI does not warrant that the Licensed Materials will be
free from error or will meet your specific requirements.
6. Remedies - If you find defects in the media or that the software does
not conform to the enclosed documentation, you may return the Licensed
Materials along with the purchase receipt, postage prepaid, to the
following address within the warranty period and receive a refund.
TEXAS INSTRUMENTS
Application Specific Products, MS 8650
c/o ADAM2 Application Manager
12500 TI Boulevard
Dallas, TX 75243 - U.S.A.
7. Limitations - TI makes no warranty or condition, either expressed or
implied, including, but not limited to, any implied warranties of
merchantability and fitness for a particular purpose, regarding the
licensed materials.
Neither TI nor any applicable licensor will be liable for any indirect,
incidental or consequential damages, including but not limited to loss of
profits.
8. Term - The license is effective until terminated. You may terminate
it at any other time by destroying the program together with all copies,
modifications and merged portions in any form. It also will terminate if
you fail to comply with any term or condition of this Agreement.
9. Export Control - The re-export of United States origin software and
documentation is subject to the U.S. Export Administration Regulations or
your equivalent local regulations. Compliance with such regulations is
your responsibility.
*** IMPORTANT NOTICE ***
Texas Instruments (TI) reserves the right to make changes to or to
discontinue any semiconductor product or service identified in this
publication without notice. TI advises its customers to obtain the latest
version of the relevant information to verify, before placing orders,
that the information being relied upon is current.
TI warrants performance of its semiconductor products and related
software to current specifications in accordance with TI's standard
warranty. Testing and other quality control techniques are utilized to
the extent TI deems necessary to support this warranty. Unless mandated
by government requirements, specific testing of all parameters of each
device is not necessarily performed.
Please be aware that Texas Instruments products are not intended for use
in life-support appliances, devices, or systems. Use of a TI product in
such applications without the written approval of the appropriate TI
officer is prohibited. Certain applications using semiconductor devices
may involve potential risks of injury, property damage, or loss of life.
In order to minimize these risks, adequate design and operating
safeguards should be provided by the customer to minimize inherent or
procedural hazards. Inclusion of TI products in such applications is
understood to be fully at the risk of the customer using TI devices or
systems.
TI assumes no liability for TI applications assistance, customer product
design, software performance, or infringement of patents or services
described herein. Nor does TI warrant or represent that license, either
expressed or implied, is granted under any patent right, copyright, mask
work right, or other intellectual property right of TI covering or
relating to any combination, machine, or process in which such
semiconductor products or services might be or are used.
All company and/or product names are trademarks and/or registered
trademarks of their respective manaufacturers.
Limited License.
Texas Instruments Incorporated grants a world-wide, royalty-free, non-exclusive
license under copyrights and patents it now or hereafter owns or controls to
make, have made, use, import, offer to sell and sell ("Utilize") this software
subject to the terms herein. With respect to the foregoing patent license,
such license is granted solely to the extent that any such patent is necessary
to Utilize the software alone. The patent license shall not apply to any
combinations which include this software, other than combinations with devices
manufactured by or for TI (“TI Devices”). No hardware patent is licensed
hereunder.
Redistributions must preserve existing copyright notices and reproduce this
license (including the above copyright notice and the disclaimer and (if
applicable) source code license limitations below) in the documentation and/or
other materials provided with the distribution
Redistribution and use in binary form, without modification, are permitted
provided that the following conditions are met:
* No reverse engineering, decompilation, or disassembly of this software
is permitted with respect to any software provided in binary form.
* any redistribution and use are licensed by TI for use only with TI
Devices.
* Nothing shall obligate TI to provide you with source code for the
software licensed and provided to you in object code.
If software source code is provided to you, modification and redistribution of
the source code are permitted provided that the following conditions are met:
* any redistribution and use of the source code, including any resulting
derivative works, are licensed by TI for use only with TI Devices.
* any redistribution and use of any object code compiled from the source
code and any resulting derivative works, are licensed by TI for use
only with TI Devices.
Neither the name of Texas Instruments Incorporated nor the names of its
suppliers may be used to endorse or promote products derived from this software
without specific prior written permission.
DISCLAIMER.
THIS SOFTWARE IS PROVIDED BY TI AND TI’S LICENSORS "AS IS" AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL TI AND TI’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Permission is hereby granted to licensees of Texas Instruments
Incorporated (TI) products to use this computer program for the sole
purpose of implementing a licensee product based on TI products.
No other rights to reproduce, use, or disseminate this computer
program, whether in part or in whole, are granted.
TI makes no representation or warranties with respect to the
performance of this computer program, and specifically disclaims
any responsibility for any damages, special or consequential,
connected with the use of this program.
The contributing author(s) would like to thank all those who helped with testing,
bug fixes and suggestions for improvements. This wouldn't have been possible without your help.
COPYRIGHT NOTICE:
This software and documentation is provided "as is," and the copyright holders
and contributing author(s) make no representations or warranties, express or
implied, including but not limited to, warranties of merchantability or fitness
for any particular purpose or that the use of the software or documentation will
not infringe any third party patents, copyrights, trademarks or other rights.
The copyright holders and contributing author(s) will not be held liable for any
direct, indirect, special or consequential damages arising out of any use of the
software or documentation, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source
code, or portions hereof, documentation and executables, for any purpose,
without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must
not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any
source or altered source distribution.
The copyright holders and contributing author(s) specifically permit, without
fee, and encourage the use of this source code as a component for supporting the
Hypertext Markup Language in commercial products. If you use this source code in
a product, acknowledgment is not required but would be appreciated.
Tiger Cryptography
This code comes from the reference implementation of the Tiger cryptographic hash function. The only modification made is to pull out the data types and the api into a header file (this file, tiger.h). The reference implementation is available at:
http://www.cs.technion.ac.il/~biham/Reports/Tiger/
From that page:
Tiger has no usage restrictions nor patents. It can be used freely, with the reference implementation, with other implementations or with a modification to the reference implementation (as long as it still implements Tiger). We only ask you to let us know about your implementation and to cite the origin of Tiger and of the reference implementation.
Tigra Calendar v3.2 License
Permission given to use this script in ANY kind of applications if header lines are left unchanged.
Tigra Calendar v4.0 License
http://www.javascript-calendar.com/docs/#license
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
This software is provided "as is"; redistribution and modification
is permitted, provided that the following disclaimer is retained.
This software is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
In no event shall the authors or contributors be liable for any
direct, indirect, incidental, special, exemplary, or consequential
damages (including, but not limited to, procurement of substitute
goods or services; loss of use, data, or profits; or business
interruption) however caused and on any theory of liability, whether
in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the use of this software, even
if advised of the possibility of such damage.
Permission given to use this script in any kind of applications if header lines
are left unchanged. Feel free to contact the author for feature requests and/or
donations.
Tizen SDK License Agreement
TIZEN SOFTWARE DEVELOPMENT KIT ("SDK") LICENSE AGREEMENT
BEFORE YOU ("YOU" OR "LICENSEE") USE THE TIZEN SDK, PLEASE READ ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. YOUR USE OF THE TIZEN SDK IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF THE TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH THEN COMMENCES WITH EFFECT AS A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD OR USE THE TIZEN SDK.
IMPORTANT NOTE: This license is primarily applicable to several proprietary components, which are not open sourced. If applicable, the Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software.
1. Definitions.
1.1 "Affiliate" means an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, but only for so long as such control exists, and where "control" shall mean ownership of more than 50% of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing body.
1.2 "Open Source Software" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.
1.3 "Tizen SDK" includes the documentation, software, both source code and object code, sample applications, emulator, tools, libraries, APIs, data, and materials provided by Samsung to You for use in connection with Your application development, and includes any updates that may be provided by Samsung.
1.4 "Tizen Certified Platform" shall mean a software platform that complies with the standards set forth in the Tizen Compliance Specification and passes the Tizen Compliance Tests as defined from time to time by the Tizen Technical Steering Group and certified by the Tizen Association or its designated agent.
1.5 "Tizen Applications" means all applications that are developed by using the Tizen SDK with or without extensions and can run only on the Tizen Certified Platform.
1.6 "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
2. License Grant.
2.1 Subject to the terms and conditions of this Agreement, Samsung hereby grants to You a royalty-free, non-exclusive, non-transferable and worldwide license to use for the sole purpose of the development of Tizen Applications.
3. Restrictions.
3.1 Except for the limited license granted to You herein, You agree that all right, title and interest in and to the Tizen SDK including the concepts and technology inherent in them, Samsung or Tizen trademarks, copyrights, patents, trade secrets and other intellectual property rights, are, and at all times shall remain, the sole and exclusive property of Samsung. Except to the extent permitted under this Agreement or by applicable law, You shall not (i) modify, reverse engineer or disassemble any portion of the Tizen SDK; (ii) lease, rent, copy, redistribute or sublicense the Tizen SDK to third party; or (iii) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends included in the Tizen SDK. You may not use any component part of the Tizen SDK in any way independent from the Tizen SDK. You may not load or install any of the Tizen SDK onto mobile phones or any other devices, except a personal computer.
3.2 Samsung may extend, enhance, or otherwise modify the Tizen SDK at any time without notice. If updates are made available by Samsung, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license, in which case the terms of that license will govern. Samsung is not obligated to provide any maintenance, technical or other support for the Tizen SDK. You acknowledge that Samsung has no express or implied obligation to announce or make available any updates to the Tizen SDK.
4. Use of the Tizen SDK.
4.1 Your Applications must not (i) breach any applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions; (ii) contain any material, component or code which could damage, destroy, unduly burden or unreasonably affect software, firmware, hardware, data, systems, services, or networks; or (iii) disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms implemented in or by the Tizen Certified platform.
4.2 Your Applications must not breach any applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions or disable, unduly burden or unreasonably interfere with software, firmware, hardware, data, systems, services, or networks.
4.3 You agree that You are solely liable for any breach of your obligations under this Agreement or any applicable laws or regulations, and for the consequences of any such breach.
5. Open Source Software.
5.1 You hereby acknowledge that the Tizen SDK may contain Open Source Software. You agree to review any documentation that accompanies the Tizen SDK in order to determine which portions of the Tizen SDK are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Samsung provides Developer the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to You in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software.
5.2 You acknowledge that the Open Source Software license is solely between You and the applicable Open Source Software. You shall comply with the terms of all applicable Open Source Software licenses, if any.
6. DISCLAIMER OF WARRANTY.
6.1 THE TIZEN SDK IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAMSUNG OR TIZEN PARTNERS DO NOT WARRANT THAT THE USE OF THE TIZEN SDK WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. NEITHER SAMSUNG NOR TIZEN PARTNERS WARRANT THAT THE TIZEN SDK IS ERROR FREE. SAMSUNG OR TIZEN PARTNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIZEN SDK, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO INFORMATION OR ADVICE GIVEN BY SAMSUNG OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY.
6.2 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG OR TIZEN PARTNERS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR GRANT OF LICENSE HEREIN, OR INABILITY TO USE THE TIZEN SDK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE TIZEN SDK, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE SAMSUNG BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification.
7.1 You agree to indemnify, defend and hold harmless Samsung, including their Affiliates, from any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Samsung, including their Affiliates as a result of any infringement or alleged infringement of intellectual property rights of a third party caused by Your development or exploitation of Applications.
8. Confidentiality.
8.1 You acknowledge and agree that the Tizen SDK was developed at considerable time and expense by Samsung and contains valuable trade secrets and confidential information of Samsung. Accordingly, You agree to maintain the Tizen SDK in confidence and except as expressly provided in Section 2, You (i) will not disclose or provide access thereto to any person, or (ii) use the Tizen SDK for any purpose not expressly authorized hereby, or permit or authorize any other person to do so.
8.2 The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of You. Any combination of trade secrets and information of Samsung that forms part of the Tizen SDK shall not be deemed to be public merely because individual parts of the Tizen SDK are in the public domain, unless the combination itself is in the public domain.
9. Term and Termination.
9.1 Term. The term of this Agreement shall commence as of your acceptance of the terms of this Agreement or your use of the Tizen SDK and continue until terminated by either You or Samsung.
9.2 Termination. You may terminate this Agreement simply by ceasing Your use of the Tizen SDK. Samsung may terminate this Agreement (i) at any time for any or no reason upon 30 days prior written notice to you or (ii) immediately upon written notice to You if You have materially breached this Agreement.
9.3 Effect of Termination. Upon termination of this Agreement: (a) all license rights granted in this Agreement will terminate; (b) You shall promptly stop the distribution of the Tizen SDK and destroy all electronic copies of the Tizen SDK and/or return the Tizen SDK to Samsung. The Sections entitled Restrictions, Use of the Tizen SDK, Open Source Software, Disclaimer of Warranty, Indemnification, Confidentiality, Term and Termination and General Legal Terms shall survive the expiration or termination of this Agreement for any reason.
10. General Legal Terms.
10.1 Export Compliance. You are responsible for applying for and obtaining all export and import licenses and/or authorizations related to the Tizen SDK or Applications, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency.
10.2 Assignment. You may not assign the Agreement, in whole or in part, by operation of law or otherwise, without Samsung’s prior written consent, and any attempt to do so without such consent shall be void.
10.3 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to any conflict-of-laws rules. Any and all disputes in connection with or arising out of this Agreement shall be finally settled by arbitration. The arbitration shall be held in New York City, New York, USA in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding.
10.4 Amendments and No Waiver. This Agreement may be modified without notice. The failure by Samsung or You to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement.
10.5 Entire Agreement. This Agreement contains the entire agreement of You and Samsung with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between the You and Samsung concerning this subject matter. If any of the provisions of the Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed replaced by a provision which carries out the original intent and purpose of such provision to the greatest extent lawful and the remaining provisions shall remain in full force and effect.
Last Updated April, 2013
END OF TIZEN SOFTWARE DEVELOPMENT KIT("SDK") LICENSE AGREEMENT
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Tongyi Qianwen LICENSE AGREEMENT
Tongyi Qianwen Release Date: August 3, 2023
By clicking to agree or by using or distributing any portion or element of the Tongyi Qianwen Materials, you will be deemed to have recognized and accepted the content of this Agreement, which is effective immediately.
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software (this software includes alterations, likewise below) without
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(1) When this software is utilized in the form of source code, the
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(3) When this software is redistributed in the forms unusable for the
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is embedded in a piece of equipment, either of the following two
conditions must be satisfied:
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TOPPERS PROJECT BE LIABLE FOR ANY TYPE OF DAMAGE DIRECTLY OR
INDIRECTLY CAUSED FROM THE USE OF THIS SOFTWARE.
TORQUE v2.5+ Software License v1.1
Copyright (c) 2010-2011 Adaptive Computing Enterprises, Inc. All rights reserved.
Use this license to use or redistribute the TORQUE software v2.5+ and later versions. For free support for TORQUE users, questions should be emailed to the community of TORQUE users at torqueusers@supercluster.org. Users can also subscribe to the user mailing list at http://www.supercluster.org/mailman/listinfo/torqueusers. Customers using TORQUE that also are licensed users of Moab branded software from Adaptive Computing Inc. can get TORQUE support from Adaptive Computing via:
Email: torque-support@adaptivecomputing.com.
Phone: (801) 717-3700
Web: www.adaptivecomputing.com www.clusterresources.com
This license covers use of the TORQUE v2.5 software (the "Software") at your site or location, and, for certain users, redistribution of the Software to other sites and locations1. Later versions of TORQUE are also covered by this license. Use and redistribution of TORQUE v2.5 in source and binary forms, with or without modification, are permitted provided that all of the following conditions are met.
1. Any Redistribution of source code must retain the above copyright notice and the acknowledgment contained in paragraph 5, this list of conditions and the disclaimer contained in paragraph 5.
2. Any Redistribution in binary form must reproduce the above copyright notice and the acknowledgment contained in paragraph 4, this list of conditions and the disclaimer contained in paragraph 5 in the documentation and/or other materials provided with the distribution.
3. Redistributions in any form must be accompanied by information on how to obtain complete source code for TORQUE and any modifications and/or additions to TORQUE. The source code must either be included in the distribution or be available for no more than the cost of distribution plus a nominal fee, and all modifications and additions to the Software must be freely redistributable by any party (including Licensor) without restriction.
4. All advertising materials mentioning features or use of the Software must display the following acknowledgment:
"TORQUE is a modification of OpenPBS which was developed by NASA Ames Research Center, Lawrence Livermore National Laboratory, and Veridian TORQUE Open Source License v1.1. 1 Information Solutions, Inc. Visit www.clusterresources.com/products/ for more information about TORQUE and to download TORQUE. For information about Moab branded products and so receive support from Adaptive Computing for TORQUE, see www.adaptivecomputing.com."
5. DISCLAIMER OF WARRANTY THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL ADAPTIVE COMPUTING ENTERPRISES, INC. CORPORATION, ITS AFFILIATED COMPANIES, OR THE U.S. GOVERNMENT OR ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This license will be governed by the laws of Utah, without reference to its choice of law rules.
Note 1: TORQUE is developed from an earlier version v2.3 of OpenPBS. TORQUE has been developed beyond OpenPBS v2.3. The OpenPBS v2.3 license and OpenPBS software can be obtained at:
http://www.pbsworks.com/ResLibSearchResult.aspx?keywords=openpbs&industry=All&pro duct_service=All&category=Free%20Software%20Downloads&order_by=title. Users of TORQUE should comply with the TORQUE license as well as the OpenPBS license.
Trusster Open Source License version 1.0a (TRUST)
copyright (c) 2006 Mike Mintz and Robert Ekendahl. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution.
* Redistributions in any form must be accompanied by information on how to
obtain complete source code for this software and any accompanying software that
uses this software. The source code must either be included in the distribution
or be available in a timely fashion for no more than the cost of distribution
plus a nominal fee, and must be freely redistributable under reasonable and no
more restrictive conditions. For an executable file, complete source code means
the source code for all modules it contains. It does not include source code for
modules or files that typically accompany the major components of the operating
system on which the executable file runs.
THIS SOFTWARE IS PROVIDED BY MIKE MINTZ AND ROBERT EKENDAHL ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL MIKE MINTZ AND ROBERT
EKENDAHL OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
License hereby granted for anyone to use, modify or redistribute this module
at their own risk. Please feed useful changes back to cpan@dave.sharnoff.org.
Terracotta Public License (version 1.0)
1. Definitions
1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
a. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
b. Any new file that contains any part of the Original Code or previous Modifications.
c. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. "Original Code" means Source Code and Executable form of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License
2.1. The Initial Developer Grant
THE INITIAL DEVELOPER HEREBY GRANTS YOU A WORLD-WIDE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE, SUBJECT TO THIRD PARTY INTELLECTUAL PROPERTY CLAIMS:
a. under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
b. under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
c. the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes or otherwise makes available Original Code under the terms of this License.
d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant
SUBJECT TO THIRD PARTY INTELLECTUAL PROPERTY CLAIMS, EACH CONTRIBUTOR HEREBY GRANTS YOU AND INITIAL DEVELOPER A WORLD-WIDE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE:
a. under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
b. under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first distributes or otherwise makes available the Covered Code.
d. Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations
3.1. Application of License
ANY COVERED CODE THAT YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE IS GOVERNED BY THE TERMS OF THIS LICENSE, INCLUDING WITHOUT LIMITATION SECTION 2.2. THE SOURCE CODE VERSION OF COVERED CODE MAY BE DISTRIBUTED ONLY UNDER THE TERMS OF THIS LICENSE OR A FUTURE VERSION OF THIS LICENSE RELEASED UNDER SECTION 6.1, AND YOU MUST INCLUDE A COPY OF THIS LICENSE WITH EVERY COPY OF THE SOURCE CODE YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE. YOU MAY NOT OFFER OR IMPOSE ANY TERMS ON ANY SOURCE CODE VERSION THAT ALTERS OR RESTRICTS THE APPLICABLE VERSION OF THIS LICENSE OR THE RECIPIENTS' RIGHTS HEREUNDER. HOWEVER, YOU MAY INCLUDE AN ADDITIONAL DOCUMENT OFFERING THE ADDITIONAL RIGHTS DESCRIBED IN SECTION 3.5.
3.2. Availability of Source Code
ANY MODIFICATION WHICH YOU CREATE OR TO WHICH YOU CONTRIBUTE MUST BE MADE AVAILABLE IN SOURCE CODE FORM UNDER THE TERMS OF THIS LICENSE EITHER ON THE SAME MEDIA AS AN EXECUTABLE VERSION OR VIA AN ACCEPTED ELECTRONIC DISTRIBUTION MECHANISM TO ANYONE TO WHOM YOU MADE AN EXECUTABLE VERSION AVAILABLE; AND IF MADE AVAILABLE VIA ELECTRONIC DISTRIBUTION MECHANISM, MUST REMAIN AVAILABLE FOR AT LEAST TWELVE (12) MONTHS AFTER THE DATE IT INITIALLY BECAME AVAILABLE, OR AT LEAST SIX (6) MONTHS AFTER A SUBSEQUENT VERSION OF THAT PARTICULAR MODIFICATION HAS BEEN MADE AVAILABLE TO SUCH RECIPIENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT THE SOURCE CODE VERSION REMAINS AVAILABLE EVEN IF THE ELECTRONIC DISTRIBUTION MECHANISM IS MAINTAINED BY A THIRD PARTY.
3.3. Description of Modifications
YOU MUST CAUSE ALL COVERED CODE TO WHICH YOU CONTRIBUTE TO CONTAIN A FILE DOCUMENTING THE CHANGES YOU MADE TO CREATE THAT COVERED CODE AND THE DATE OF ANY CHANGE. YOU MUST INCLUDE A PROMINENT STATEMENT THAT THE MODIFICATION IS DERIVED, DIRECTLY OR INDIRECTLY, FROM ORIGINAL CODE PROVIDED BY THE INITIAL DEVELOPER AND INCLUDING THE NAME OF THE INITIAL DEVELOPER IN (A) THE SOURCE CODE, AND (B) IN ANY NOTICE IN AN EXECUTABLE VERSION OR RELATED DOCUMENTATION IN WHICH YOU DESCRIBE THE ORIGIN OR OWNERSHIP OF THE COVERED CODE.
3.4. Intellectual Property Matters
(a) Third Party Claims
IF CONTRIBUTOR HAS KNOWLEDGE THAT A LICENSE UNDER A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS IS REQUIRED TO EXERCISE THE RIGHTS GRANTED BY SUCH CONTRIBUTOR UNDER SECTIONS 2.1 OR 2.2, CONTRIBUTOR MUST INCLUDE A TEXT FILE WITH THE SOURCE CODE DISTRIBUTION TITLED "LEGAL" WHICH DESCRIBES THE CLAIM AND THE PARTY MAKING THE CLAIM IN SUFFICIENT DETAIL THAT A RECIPIENT WILL KNOW WHOM TO CONTACT. IF CONTRIBUTOR OBTAINS SUCH KNOWLEDGE AFTER THE MODIFICATION IS MADE AVAILABLE AS DESCRIBED IN SECTION 3.2, CONTRIBUTOR SHALL PROMPTLY MODIFY THE LEGAL FILE IN ALL COPIES CONTRIBUTOR MAKES AVAILABLE THEREAFTER AND SHALL TAKE OTHER STEPS (SUCH AS NOTIFYING APPROPRIATE MAILING LISTS OR NEWSGROUPS) REASONABLY CALCULATED TO INFORM THOSE WHO RECEIVED THE COVERED CODE THAT NEW KNOWLEDGE HAS BEEN OBTAINED.
(b) Contributor APIs
IF CONTRIBUTOR'S MODIFICATIONS INCLUDE AN APPLICATION PROGRAMMING INTERFACE AND CONTRIBUTOR HAS KNOWLEDGE OF PATENT LICENSES WHICH ARE REASONABLY NECESSARY TO IMPLEMENT THAT API, CONTRIBUTOR MUST ALSO INCLUDE THIS INFORMATION IN THE LEGAL FILE.
(c) Representations.
CONTRIBUTOR REPRESENTS THAT, EXCEPT AS DISCLOSED PURSUANT TO SECTION 3.4 (A) ABOVE, CONTRIBUTOR BELIEVES THAT CONTRIBUTOR'S MODIFICATIONS ARE CONTRIBUTOR'S ORIGINAL CREATION(S) AND/OR CONTRIBUTOR HAS SUFFICIENT RIGHTS TO GRANT THE RIGHTS CONVEYED BY THIS LICENSE.
3.5. Required Notices
YOU MUST DUPLICATE THE NOTICE IN EXHIBIT A IN EACH FILE OF THE SOURCE CODE. IF IT IS NOT POSSIBLE TO PUT SUCH NOTICE IN A PARTICULAR SOURCE CODE FILE DUE TO ITS STRUCTURE, THEN YOU MUST INCLUDE SUCH NOTICE IN A LOCATION (SUCH AS A RELEVANT DIRECTORY) WHERE A USER WOULD BE LIKELY TO LOOK FOR SUCH A NOTICE. IF YOU CREATED ONE OR MORE MODIFICATION(S) YOU MAY ADD YOUR NAME AS A CONTRIBUTOR TO THE NOTICE DESCRIBED IN EXHIBIT A. YOU MUST ALSO DUPLICATE THIS LICENSE IN ANY DOCUMENTATION FOR THE SOURCE CODE WHERE YOU DESCRIBE RECIPIENTS' RIGHTS OR OWNERSHIP RIGHTS RELATING TO COVERED CODE. YOU MAY CHOOSE TO OFFER, AND TO CHARGE A FEE FOR, WARRANTY, SUPPORT, INDEMNITY OR LIABILITY OBLIGATIONS TO ONE OR MORE RECIPIENTS OF COVERED CODE. HOWEVER, YOU MAY DO SO ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF THE INITIAL DEVELOPER OR ANY CONTRIBUTOR. YOU MUST MAKE IT ABSOLUTELY CLEAR THAN ANY SUCH WARRANTY, SUPPORT, INDEMNITY OR LIABILITY OBLIGATION IS OFFERED BY YOU ALONE, AND YOU HEREBY AGREE TO INDEMNIFY THE INITIAL DEVELOPER AND EVERY CONTRIBUTOR FOR ANY LIABILITY INCURRED BY THE INITIAL DEVELOPER OR SUCH CONTRIBUTOR AS A RESULT OF WARRANTY, SUPPORT, INDEMNITY OR LIABILITY TERMS YOU OFFER.
3.6. Distribution of Executable Versions
YOU MAY DISTRIBUTE OR OTHERWISE MAKE AVAILABLE COVERED CODE IN EXECUTABLE FORM ONLY IF THE REQUIREMENTS OF SECTIONS 3.1, 3.2, 3.3, 3.4 AND 3.5 HAVE BEEN MET FOR THAT COVERED CODE, AND IF YOU INCLUDE A NOTICE STATING THAT THE SOURCE CODE VERSION OF THE COVERED CODE IS AVAILABLE UNDER THE TERMS OF THIS LICENSE, INCLUDING A DESCRIPTION OF HOW AND WHERE YOU HAVE FULFILLED THE OBLIGATIONS OF SECTION 3.2. THE NOTICE MUST BE CONSPICUOUSLY INCLUDED IN ANY NOTICE IN AN EXECUTABLE VERSION, RELATED DOCUMENTATION OR COLLATERAL IN WHICH YOU DESCRIBE RECIPIENTS' RIGHTS RELATING TO THE COVERED CODE. YOU MAY DISTRIBUTE OR OTHERWISE MAKE AVAILABLE THE EXECUTABLE VERSION OF COVERED CODE OR OWNERSHIP RIGHTS UNDER A LICENSE OF YOUR CHOICE, WHICH MAY CONTAIN TERMS DIFFERENT FROM THIS LICENSE, PROVIDED THAT YOU ARE IN COMPLIANCE WITH THE TERMS OF THIS LICENSE AND THAT THE LICENSE FOR THE EXECUTABLE VERSION DOES NOT ATTEMPT TO LIMIT OR ALTER THE RECIPIENT'S RIGHTS IN THE SOURCE CODE VERSION FROM THE RIGHTS SET FORTH IN THIS LICENSE. IF YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE THE EXECUTABLE VERSION UNDER A DIFFERENT LICENSE YOU MUST MAKE IT ABSOLUTELY CLEAR THAT ANY TERMS WHICH DIFFER FROM THIS LICENSE ARE OFFERED BY YOU ALONE, NOT BY THE INITIAL DEVELOPER OR ANY CONTRIBUTOR. YOU HEREBY AGREE TO INDEMNIFY THE INITIAL DEVELOPER AND EVERY CONTRIBUTOR FOR ANY LIABILITY INCURRED BY THE INITIAL DEVELOPER OR SUCH CONTRIBUTOR AS A RESULT OF ANY SUCH TERMS YOU OFFER.
3.7. Larger Works
YOU MAY CREATE A LARGER WORK BY COMBINING COVERED CODE WITH OTHER CODE NOT GOVERNED BY THE TERMS OF THIS LICENSE AND DISTRIBUTE OR OTHERWISE MAKE AVAILABLE THE LARGER WORK AS A SINGLE PRODUCT. IN SUCH A CASE, YOU MUST MAKE SURE THE REQUIREMENTS OF THIS LICENSE ARE FULFILLED FOR THE COVERED CODE.
4. Inability to Comply Due to Statute or Regulation
IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ANY OF THE TERMS OF THIS LICENSE WITH RESPECT TO SOME OR ALL OF THE COVERED CODE DUE TO STATUTE, JUDICIAL ORDER, OR REGULATION THEN YOU MUST: (A) COMPLY WITH THE TERMS OF THIS LICENSE TO THE MAXIMUM EXTENT POSSIBLE; AND (B) DESCRIBE THE LIMITATIONS AND THE CODE THEY AFFECT. SUCH DESCRIPTION MUST BE INCLUDED IN THE LEGAL FILE DESCRIBED IN SECTION 3.4 AND MUST BE INCLUDED WITH ALL DISTRIBUTIONS OF THE SOURCE CODE. EXCEPT TO THE EXTENT PROHIBITED BY STATUTE OR REGULATION, SUCH DESCRIPTION MUST BE SUFFICIENTLY DETAILED FOR A RECIPIENT OF ORDINARY SKILL TO BE ABLE TO UNDERSTAND IT.
5. Application of this License
THIS LICENSE APPLIES TO CODE TO WHICH THE INITIAL DEVELOPER HAS ATTACHED THE NOTICE IN EXHIBIT A AND TO RELATED COVERED CODE.
6. Versions of the License
6.1. New Versions
TERRACOTTA, INC. ("TERRACOTTA") MAY PUBLISH REVISED AND/OR NEW VERSIONS OF THE LICENSE FROM TIME TO TIME. EACH VERSION WILL BE GIVEN A DISTINGUISHING VERSION NUMBER.
6.2. Effect of New Versions
ONCE COVERED CODE HAS BEEN PUBLISHED UNDER A PARTICULAR VERSION OF THE LICENSE, YOU MAY ALWAYS CONTINUE TO USE IT UNDER THE TERMS OF THAT VERSION. YOU MAY ALSO CHOOSE TO USE SUCH COVERED CODE UNDER THE TERMS OF ANY SUBSEQUENT VERSION OF THE LICENSE PUBLISHED BY TERRACOTTA. NO ONE OTHER THAN TERRACOTTA HAS THE RIGHT TO MODIFY THE TERMS APPLICABLE TO COVERED CODE CREATED UNDER THIS LICENSE.
6.3. Derivative Works of License; Antecedent Licenses
IF YOU CREATE OR USE A MODIFIED VERSION OF THIS LICENSE (WHICH YOU MAY ONLY DO IN ORDER TO APPLY IT TO CODE WHICH IS NOT ALREADY COVERED CODE GOVERNED BY THIS LICENSE), YOU MUST (A) RENAME YOUR LICENSE SO THAT THE PHRASES "TERRACOTTA", "TPL", OR ANY CONFUSINGLY SIMILAR PHRASE DO NOT APPEAR IN YOUR LICENSE (EXCEPT TO NOTE THAT YOUR LICENSE DIFFERS FROM THIS LICENSE) AND (B) OTHERWISE MAKE IT CLEAR THAT YOUR VERSION OF THE LICENSE CONTAINS TERMS WHICH DIFFER FROM THE TERRACOTTA PUBLIC LICENSE. (FILLING IN THE NAME OF THE INITIAL DEVELOPER, ORIGINAL CODE OR CONTRIBUTOR IN THE NOTICE DESCRIBED IN EXHIBIT A SHALL NOT OF THEMSELVES BE DEEMED TO BE MODIFICATIONS OF THIS LICENSE.)
THIS TERRACOTTA PUBLIC LICENSE (TPL) IS SIMILAR TO, AND CONTAINS SAMPLES FROM, THE MOZILLA PUBLIC LICENSE (MPL) AND THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL). HOWEVER, THIS TPL CONTAINS TERMS WHICH DIFFER FROM THOSE CONTAINED IN THE MPL AND THE CDDL.
7. Disclaimer of Warranty
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Termination
8.1. THIS LICENSE AND THE RIGHTS GRANTED HEREUNDER WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH TERMS HEREIN AND FAIL TO CURE SUCH BREACH WITHIN 30 DAYS OF BECOMING AWARE OF THE BREACH. ALL SUBLICENSES TO THE COVERED CODE WHICH ARE PROPERLY GRANTED SHALL SURVIVE ANY TERMINATION OF THIS LICENSE. PROVISIONS WHICH, BY THEIR NATURE, MUST REMAIN IN EFFECT BEYOND THE TERMINATION OF THIS LICENSE SHALL SURVIVE.
8.2. IF YOU INITIATE LITIGATION BY ASSERTING A PATENT INFRINGEMENT CLAIM (EXCLUDING DECLARATORY JUDGMENT ACTIONS) AGAINST INITIAL DEVELOPER OR A CONTRIBUTOR (THE INITIAL DEVELOPER OR CONTRIBUTOR AGAINST WHOM YOU FILE SUCH ACTION IS REFERRED TO AS "PARTICIPANT") ALLEGING THAT:
a. such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (1) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (2) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
b. any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. IF YOU ASSERT A PATENT INFRINGEMENT CLAIM AGAINST PARTICIPANT ALLEGING THAT SUCH PARTICIPANT'S CONTRIBUTOR VERSION DIRECTLY OR INDIRECTLY INFRINGES ANY PATENT WHERE SUCH CLAIM IS RESOLVED (SUCH AS BY LICENSE OR SETTLEMENT) PRIOR TO THE INITIATION OF PATENT INFRINGEMENT LITIGATION, THEN THE REASONABLE VALUE OF THE LICENSES GRANTED BY SUCH PARTICIPANT UNDER SECTIONS 2.1 OR 2.2 SHALL BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OR VALUE OF ANY PAYMENT OR LICENSE.
8.4. IN THE EVENT OF TERMINATION UNDER SECTIONS 8.1 OR 8.2 ABOVE, ALL END USER LICENSE AGREEMENTS (EXCLUDING DISTRIBUTORS AND RESELLERS) WHICH HAVE BEEN VALIDLY GRANTED BY YOU OR ANY DISTRIBUTOR HEREUNDER PRIOR TO TERMINATION SHALL SURVIVE TERMINATION.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. Government End Users
THE COVERED CODE IS A "COMMERCIAL ITEM," AS THAT TERM IS DEFINED IN 48 C.F.R. 2.101 (OCT. 1995), CONSISTING OF "COMMERCIAL COMPUTER SOFTWARE" AND "COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION," AS SUCH TERMS ARE USED IN 48 C.F.R. 12.212 (SEPT. 1995). CONSISTENT WITH 48 C.F.R. 12.212 AND 48 C.F.R. 227.7202-1 THROUGH 227.7202-4 (JUNE 1995), ALL U.S. GOVERNMENT END USERS ACQUIRE COVERED CODE WITH ONLY THOSE RIGHTS SET FORTH HEREIN.
11. Miscellaneous
THIS LICENSE REPRESENTS THE COMPLETE AGREEMENT CONCERNING SUBJECT MATTER HEREOF. IF ANY PROVISION OF THIS LICENSE IS HELD TO BE UNENFORCEABLE, SUCH PROVISION SHALL BE REFORMED ONLY TO THE EXTENT NECESSARY TO MAKE IT ENFORCEABLE. THIS LICENSE SHALL BE GOVERNED BY CALIFORNIA LAW PROVISIONS (EXCEPT TO THE EXTENT APPLICABLE LAW, IF ANY, PROVIDES OTHERWISE), EXCLUDING ITS CONFLICT-OF-LAW PROVISIONS. WITH RESPECT TO DISPUTES IN WHICH AT LEAST ONE PARTY IS A CITIZEN OF, OR AN ENTITY CHARTERED OR REGISTERED TO DO BUSINESS IN THE UNITED STATES OF AMERICA, ANY LITIGATION RELATING TO THIS LICENSE SHALL BE SUBJECT TO THE JURISDICTION OF THE FEDERAL COURTS OF THE NORTHERN DISTRICT OF CALIFORNIA, WITH VENUE LYING IN SANTA CLARA COUNTY, CALIFORNIA, WITH THE LOSING PARTY RESPONSIBLE FOR COSTS, INCLUDING WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEYS' FEES AND EXPENSES. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED. ANY LAW OR REGULATION WHICH PROVIDES THAT THE LANGUAGE OF A CONTRACT SHALL BE CONSTRUED AGAINST THE DRAFTER SHALL NOT APPLY TO THIS LICENSE. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH THE UNITED STATES EXPORT ADMINISTRATION REGULATIONS (AND THE EXPORT CONTROL LAWS AND REGULATIONS OF ANY OTHER COUNTRIES) WHEN YOU USE, DISTRIBUTE, OR OTHERWISE MAKE AVAILABLE ANY COVERED CODE.
12. Responsibility for Claims
AS BETWEEN INITIAL DEVELOPER AND THE CONTRIBUTORS, EACH PARTY IS RESPONSIBLE FOR CLAIMS AND DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF ITS UTILIZATION OF RIGHTS UNDER THIS LICENSE AND YOU AGREE TO WORK WITH INITIAL DEVELOPER AND CONTRIBUTORS TO DISTRIBUTE SUCH RESPONSIBILITY ON AN EQUITABLE BASIS. NOTHING HEREIN IS INTENDED OR SHALL BE DEEMED TO CONSTITUTE ANY ADMISSION OF LIABILITY.
13. Multiple-Licensed Code
INITIAL DEVELOPER MAY DESIGNATE PORTIONS OF THE COVERED CODE AS "MULTIPLE-LICENSED". "MULTIPLE-LICENSED" MEANS THAT THE INITIAL DEVELOPER PERMITS YOU TO UTILIZE PORTIONS OF THE COVERED CODE UNDER YOUR CHOICE OF THE TPL OR THE ALTERNATIVE LICENSES, IF ANY, SPECIFIED BY THE INITIAL DEVELOPER IN THE FILE DESCRIBED IN EXHIBIT A.
14. Certain Attribution Requirements
THIS LICENSE DOES NOT GRANT ANY LICENSE OR RIGHTS TO USE THE TRADEMARKS "TERRACOTTA," ANY "TERRACOTTA" LOGOS, OR ANY OTHER TRADEMARKS OF TERRACOTTA, INC.
HOWEVER, IN ADDITION TO THE OTHER NOTICE OBLIGATIONS, ALL COPIES OF THE COVERED CODE IN EXECUTABLE AND SOURCE CODE FORM DISTRIBUTED OR OTHERWISE MADE AVAILABLE MUST, AS A FORM OF ATTRIBUTION OF THE INITIAL DEVELOPER, INCLUDE ON EACH USER INTERFACE SCREEN (I) THE COPYRIGHT NOTICE IN THE SAME FORM AS THE LATEST VERSION OF THE COVERED CODE DISTRIBUTED OR OTHERWISE MADE AVAILABLE BY TERRACOTTA, INC. AT THE TIME OF DISTRIBUTION OR MAKING AVAILABLE OF SUCH COPY AND (II) THE FOLLOWING TEXT, WHICH MUST BE LARGE ENOUGH SO THAT IT CAN BE READ EASILY: "POWERED BY TERRACOTTA". THE COPYRIGHT NOTICE AND TEXT MUST BE VISIBLE TO ALL USERS AND BE LOCATED AT THE VERY BOTTOM AND IN THE CENTER OF EACH USER INTERFACE SCREEN. THE WORD "TERRACOTTA" MUST BE A HYPERLINK, SO THAT WHEN ANY USER ACTIVATES THE LINK (E.G., BY CLICKING ON IT WITH A MOUSE), THE USER WILL BE DIRECTED TO HTTP://WWW.TERRACOTTA.ORG.
Exhibit A - Terracotta Public License.
"The contents of this file are subject to the Terracotta Public License, version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.terracotta.org/TPL.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is Terracotta, Inc.
Portions created by are Copyright (C) . All Rights Reserved.
Contributor(s): .
NOTE: THE TEXT OF THIS EXHIBIT A MAY DIFFER SLIGHTLY FROM THE TEXT OF THE NOTICES IN THE SOURCE CODE FILES OF THE ORIGINAL CODE. YOU SHOULD USE THE TEXT OF THIS EXHIBIT A RATHER THAN THE TEXT FOUND IN THE ORIGINAL CODE SOURCE CODE FOR YOUR MODIFICATIONS.
Terracotta Public License, version 2.0
1. Definitions
1.1. "Contributor" means each individual or legal entity that creates,
contributes to the creation of, and owns Covered Software.
1.2. "Contributor Version" means the combination of the Contributions of others
(if any) used by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution" means Covered Software of a particular Contributor.
1.4. "Covered Software" means Source Code Form to which the initial Contributor
has attached the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case including
portions thereof.
1.5. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.6. "Incompatible With Secondary Licenses" means (a) that the initial
Contributor has attached the notice described in Exhibit B to the Covered
Software; or (b) that the Covered Software was made available under the terms
of version 1.0, but not also under the terms of a Secondary License.
1.7. "Executable Form" means any form of the work other than Source Code Form.
1.8. "Larger Work" means a work that combines Covered Software with other
material, in a separate file or files that is not Covered Software.
1.9. "License" means this document.
1.10. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently, any and all
of the rights conveyed by this License.
1.11. "Modifications" means any of the following: (a) any file in Source Code
Form that results from an addition to, deletion from, or modification of the
contents of Covered Software; or (b) any new file in Source Code Form that
contains any Covered Software.
1.12. "Patent Claims" of a Contributor means any patent claim(s), including
without limitation, method, process, and apparatus claims, in any patent
Licensable by such Contributor that would be infringed, but for the grant of
the License, by the making, using, selling, offering for sale, having made,
import, or transfer of either its Contributions or its Contributor Version.
1.13. "Secondary License" means either the GNU General Public License, Version
2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those licenses.
1.14. "Source Code Form" means the form of the work preferred for making
modifications including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an
Executable Form, or source code differential comparisons against either the
Covered Software or another well known, available Covered Software of the
Contributor's choice. The Source Code Form can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is widely
available for no charge.
1.15. "You" (or "Your") means an individual or a legal entity exercising rights
under this License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For purposes
of this definition, "control" means (a) the power, direct or indirect, to cause
the direction or management of such entity, whether by contract or otherwise,
or (b) ownership of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. License Grants and Conditions
2.1. Grants
The Initial Developer and each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims:
(a) under intellectual property rights (other than patent or trademark)
licensable by such Contributor to use, reproduce, make available, modify,
display, perform, sublicense, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or as part of
a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer for
sale, have made, import, and otherwise transfer either its Contributions or its
Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution become
effective for each Contribution on the date the Contributor first distributes
such Contribution or otherwise makes available Contributions under the terms of
this License.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under this
License. No additional rights or licenses will be implied from the distribution
or licensing of Covered Software under this License. Notwithstanding Section
2.1(b) above, no patent license is granted by a Contributor:
(a) for any code that a Contributor has removed from Covered Software; or
(b) for infringements caused by: (i) You and any other third party's
modifications of Covered Software, or (ii) You and any other third party's
combination with other software (except as part of its Contributor Version) or
devices; or
(c) under Patent Claims infringed by Covered Software in the absence of its
Contributions.
This License does not grant any rights in the trademarks, service marks, or
logos of any Contributor (except as may be necessary to comply with the notice
and attribution requirements in Sections 3.5 and 3.8.
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to distribute
the Covered Software under a subsequent version of this License (see Section
10.2) or under the terms of a Secondary License (if permitted under the terms
of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its Contributions are
its original creation(s) or it has sufficient rights to grant the rights to its
Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable
copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 are conditions of the licenses
granted in Section 2.1.
2.8. Multiple-licensed Software
Initial Developer may designate portions of the Covered Software as “Multiple-
Licensed”. “Multiple-Licensed” means that the Initial Developer permits You to
utilize portions of the Covered Software under Your choice of the TPL or
alternative licenses, if any, specified in Exhibit A by the Initial Developer.
3. Responsibilities
3.1. Distribution of Source Code Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under the
terms of this License or a future version of this license released under
Section 10.1, and You must include a copy of this license with every copy of
the source code You distribute or otherwise make available. You must inform
recipients that the Source Code Form of the Covered Software is governed by the
terms of this License, and how they can obtain a copy of this License. You may
not offer or impose any terms on any Source Code Form that alters or restricts
the applicable version of this license or the recipients’ rights thereunder.
However, You may include an additional document offering the additional rights
described in Section 3.6.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then: (a) such Covered
Software must also be made available in Source Code Form, as described in
Section 3.1, and You must inform recipients of the Executable Form how they can
obtain a copy of such Source Code Form by reasonable means in a timely manner,
at a charge no more than the cost of distribution to the recipient; and (b) You
may distribute such Executable Form under the terms of this License, or
sublicense it under different terms, provided that the license for the
Executable Form does not attempt to limit or alter the recipients' rights in
the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for the
Covered Software. If the Larger Work is a combination of Covered Software with
a work governed by one or more Secondary Licenses, and the Covered Software is
not incompatible With Secondary Licenses, this License permits You to
additionally distribute such Covered Software under the terms of such Secondary
License(s), so that the recipient of the Larger Work may, at their option,
further distribute the Covered Software under the terms of either this License
or such Secondary License(s).
3.4. Description of Modifications
You must cause all Modifications to the Covered Software to contain a file
documenting the changes You made to the Covered Software and the date of any
change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Covered Software provided by the Initial
Developer and include the name of the Initial Developer in (a) the Source Code
Form, and (b) in any notice in an Executable Form or related documentation in
which You describe the origin or ownership of the Covered Software.
3.5. Notices
You must duplicate the notice in Exhibit A in each file of the Source Code. If
it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice. If
You created one or more Modification(s) You may add Your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License in
any documentation for the Source Code where You describe recipients’ rights or
ownership rights relating to Covered Software. You may not remove or alter the
substance of any License notices (including copyright notices, patent notices,
disclaimers of warranty, or limitations of liability) contained within the
Source Code Form of the Covered Software, except that You may alter any License
notices to the extent required to remedy known factual inaccuracies.
3.6. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Software.
However, You may do so only on Your own behalf, and not on behalf of any
Contributor. You must make it absolutely clear that any such warranty, support,
indemnity, or liability obligation is offered by You alone, and You hereby
agree to indemnify every Contributor for any liability incurred by such
Contributor as a result of warranty, support, indemnity or liability terms You
offer. You may include additional disclaimers of warranty and limitations of
liability specific to any jurisdiction.
3.7. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a License under a Third Party’s Intellectual
Property Rights is required to exercise the rights granted by such Contributor
under Section 2.1, Contributor must include a text file with the Source Code
Distribution titled “Legal” which describes the claim and the party making the
claim in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made available,
Contributor shall promptly modify the Legal file in all copies Contributor
makes available thereafter and shall take other steps (such as notifying
appropriate mailing lists or newsgroups) reasonably calculated to inform those
who received the Covered Software that new knowledge has been obtained.
(b) Contributor APIs
If Contributor’s Modifications include an application programming interface and
Contributor has knowledge of patent licenses which hare reasonably necessary to
implement that API, Contributor must also include this information in the Legal
file.
(c) Representations
Contributor represents that, except as disclosed pursuant to Section 3.7 (a)
above, Contributor believes that Contributor’s Modifications are Contributor’s
original creation(s) and /or Contributor has sufficient rights to grant the
rights conveyed by this License.
3.8. Certain Attribution Requirements
This License does not grant any License or rights to use the trademarks
“TERRACOTTA” “SOFTWARE AG,” any logos, trade names or slogans of either
Terracotta, Inc. or Software AG. However, in addition to the other notice
obligations all copies of the Covered Software in Executable Form and Source
Code Form distributed or otherwise made available, must as a form of
attribution of the Initial Developer, include on each user interface screen (a)
the copyright notice in the same form as the latest version of the Covered
Software distributed or otherwise made available by Terracotta Inc. at the time
of distribution or making available of such copy and (b) the following text
which must be large enough so that it can be read easily “Powered by
Terracotta.” The copyright notice and text must be visible to all users and be
located at the very bottom and in the center of each user interface screen. The
word “Terracotta” must be a hyperlink, so that when any user activates the link
(e.g. by clicking on it with a mouse), the user will be directed to
http://www.terracotta.org.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Software due to statute, judicial
order, or regulation then You must: (a) comply with the terms of this License
to the maximum extent possible; and (b) describe the limitations and the code
they affect. Such description must be placed in a text file included with all
distributions of the Covered Software under this License. Except to the extent
prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to understand it.
5. Termination
5.1. The rights granted under this License will terminate automatically if You
fail to comply with any of its terms. However, if You become compliant, then
the rights granted under this License from a particular Contributor are
reinstated (a) provisionally, unless and until such Contributor explicitly and
finally terminates Your grants, and (b) on an ongoing basis, if such
Contributor fails to notify You of the non-compliance by some reasonable means
prior to 60 days after You have come back into compliance. Moreover, Your
grants from a particular Contributor are reinstated on an ongoing basis if such
Contributor notifies You of the non-compliance by some reasonable means, this
is the first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after Your
receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions, counter-claims, and
cross-claims) alleging that a Contributor Version directly or indirectly
infringes any patent, then the rights granted to You by any and all
Contributors for the Covered Software under Section 2.1 of this License shall
terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or Your distributors under this License prior to
termination shall survive termination.
6. Disclaimer of Warranty
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
8. Litigation
8.1. Jurisdiction
This License shall be governed in accordance with the laws of the Commonwealth
of Virginia (except to the extent applicable law, if any, provides otherwise),
without giving effect to its conflicts-of-laws provisions. With respect to
disputes in which at least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any litigation
relating to this license shall be subject to the jurisdiction of the federal
courts of the Commonwealth of Virginia with the losing party responsible for
costs, including without limitation, court costs and reasonable attorneys’ fees
and expenses. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or regulation
which provides that the language of contract shall be construed against the
drafter shall not apply to this License. You agree that You alone are
responsible for compliance with the United States export administration
regulations (and the export control laws and regulations of any other
countries) when You use, distribute, or otherwise make available Covered
Software.
8.2. Responsibility for Claims
As between the Initial Developer and Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute an admission of liability.
9. Miscellaneous
This License represents the complete agreement concerning the subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not be used to construe
this License against a Contributor.
10. Versions of the License
10.1. New Versions
Terracotta, Inc. and/or its parent Software AG (“Terracotta”) may publish
revised and/or new versions of the license from time to time. Except as
provided in Section 10.3, no one other than Terracotta has the right to modify
or publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the
License under which You originally received the Covered Software, or under the
terms of any subsequent version published by Terracotta.
10.3. Modified Versions
If You create or use a modified version of this License (which You may do in
order to apply it to code with is not already covered by this License), You
must (a) rename Your License so that the phrases “Terracotta” “TPL” “Software
AG,” or any confusingly similar phrase do not appear in Your license (except to
note that Your license differs from this License) and (b) otherwise make it
clear that Your version of the license contains terms which differ from the
Terracotta Public License. Filling in the name of the Initial Developer,
Covered Software or Contributor in the notice described in Exhibit A shall not
of themselves be deemed to be modifications of this License.)
This Terracotta Public License (TPL) is similar to, and contains samples from,
the Mozilla Public License (MPL) and the Common Development and Distribution
License (CDDL). However, this TPL contains terms which differ from those
contained in the MPL and CDDL.
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the notice
described in Exhibit B of this License must be attached.
Exhibit A - Terracotta Public License.
"The contents of this file are subject to the Terracotta Public License Version
2.0 (the "License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at
http://terracotta.org/legal/terracotta-public-license.
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Covered Software is Terracotta Core.
The Initial Developer of the Covered Software is Terracotta, Inc. © Terracotta,
Inc., a Software AG company
Portions created by ______________________ are Copyright (C) _______________.
All Rights Reserved.
Contributor(s): ______________________________________.
NOTE: THE TEXT OF THIS EXHIBIT A MAY DIFFER SLIGHTLY FROM THE TEXT OF THE
NOTICES IN THE SOURCE CODE FILES OF THE COVERED SOFTWARE. YOU SHOULD USE THE
TEXT OF THIS EXHIBIT A RATHER THAN THE TEXT FOUND IN THE COVERED SOFTWARE
SOURCE CODE FOR YOUR MODIFICATIONS.
Exhibit B - "Incompatible With Secondary Licenses" Notice
This Source Code Form is "Incompatible With Secondary Licenses", as defined by
the Terracotta Public License, v. 2.0.
# Trainy Software License
## Version 1.0
Last Updated: June 12, 2024
This Trainy Software License (“License”), effective the date we first make the Software available to you (“Effective Date”) is between the individual or legal entity exercising permissions granted by this License (“you” or “your”) and Trainy, Inc. (“Trainy” or “we” or “us” or “our”) concerning your use of the work of authorship, whether in source or object form, made available under this License, as indicated by a copyright notice that is included in or attached to the work (the “Software”).
# Authority
If you use the Software on behalf of another person or legal entity, (a) all references to “you” throughout this License will include that person or legal entity, (b) you represent that you are authorized to accept this License on that person’s or legal entity’s behalf, and (c) in the event you or the person or legal entity violates this License, the person or legal entity agrees to be responsible to us.
# Licenses.
## Copyright License.
Subject to your compliance with this License, Trainy hereby grants you a non-exclusive, royalty-free copyright license to reproduce, modify, create derivative works, publicly perform, publicly display and redistribute the Software for any purpose that is not a Restriction (as defined below).
## Limited Patent License.
Subject to your compliance with this License, the license grant above includes a license under our Applicable Patents. Notwithstanding the foregoing, If you initiate any claim, action or proceeding against any third party (including cross-claims or counterclaims) alleging that all or any portion of the Software infringes the patents of any entity or other person, the license granted under this Section 2.b will immediately terminate automatically without further action by either party. “Applicable Patents” are any of patents licensable by us that will be necessarily infringed by using the Software.
## Restrictions.
A “Restriction” means distributing or otherwise commercially making the Software available in a manner that provides functionality to address the same or substantially similar user requirements as the Software or includes the same or similar functionality as the Software. Without limiting the foregoing, you may use the Software for your internal purposes and for non-commercial purposes. We grant you no rights except as expressly set forth in this License.
## Derivatives; Marking
If you distribute any copies, improvements, modifications or derivatives (“Derivatives”) of the Software, this License will apply to you must include a copy of or a link to this License and include with such Derivatives any copyright, patent, trademark and attribution notices provided in or with the Software. You may reproduce our trademarks, trade names, service marks and other similar indicia (“Trademarks”) solely to the extent necessary to reproduce and/or link to applicable notices as provided in this Section 4. Except as provided in the prior sentence, we grant you no rights in or to our Trademarks, whether expressly, by implication, estoppel or otherwise.
## Disclaimer.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SOFTWARE, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN INFORMED OF THEIR POSSIBILITY IN ADVANCE.
## Apache License.
Subject to your compliance with this License, Trainy hereby grants you a license to use the Software under the Apache License, Version 2.0, currently available at http://www.apache.org/licenses/LICENSE-2.0 (the “Apache License”), provided that you hereby covenant and agree not to use the Software under the Apache License until the third anniversary
Toronto and Region Conservation Authority (TRCA) Open Data Licence v1.0
Share:
Using Information under this License:
TRCA grants to the Recipient a royalty-free, world-wide and non-exclusive licence (the "Licence") to the information (the "Data"), including for commercial purposes, subject to the terms below.
Use of any information (the "Data") indicates your acceptance of the terms below.
You are free to:
Access, copy, process, manage, store and otherwise use the information (the "Data") other than personal information.
Modify, distribute, adapt, translate or create derivative works for both personal use and for profit based on the information (the "Data").
You must (where you do any of the above):
Where the Recipient engages in the distribution, publication, modification, adaption, translation or the creation of a derivative work based on the Data:
The Recipient warrants and agrees not to misrepresent the Data or the source of the Data, or to use the Data in any manner which is likely to cause harm or damage to TRCA or contrary to any applicable laws.\
The Recipient agrees that TRCA will be acknowledged as the source of the Data using the following credit statement:
"Contains information made available under the Toronto and Region Conservation Authority (TRCA)’s Open Data Licence v 1.0"
Exemptions
The release of the Data to the Recipient and the granting of the Licence does not constitute a conveyance of any rights of ownership of the Data to the Recipient and TRCA shall own, exclusively, throughout the world and in perpetuity, all proprietary right, title and interest in the Data, including any intellectual property rights therein.
TRCA shall have the unilateral right to revoke the Licence at any time in its sole and absolute discretion. Upon the termination of this Licence by TRCA, the Recipient shall cease to use the Data in any manner whatsoever.
Non-Endorsement
Under no circumstances is TRCA responsible for or any edited or reproduced versions of the Data, or to be shown as approving the Data’s use or being in any way sponsoring, connected with, or related to the Recipient.
No Warranty
TRCA does not represent or warrant that any or all Data collected by TRCA is complete, current, updated or maintained by TRCA. Any one making use of or relying upon the Data is responsible for confirming its accuracy and completeness and its use is not restricted by any other person. TRCA has no obligation to update the Data based on new information collected or modified by TRCA.
The Recipient hereby releases TRCA from, and waives as against TRCA, any claims and demands the Recipient may have arising from any such loss, costs, expense, damages or liabilities in connection with the Data, whether as a result of TRCA’s negligence or otherwise.
The Recipient shall indemnify and hold harmless TRCA, its directors, members, officers, employees, agents and independent contractors against any actions, proceedings, claims, losses, damages, liability awards, judgments, settlements and other expenses that TRCA may incur in consequence of a breach of any terms of the Licence by the Recipient.
Governing Law
The Recipient acknowledges that the Data may be subject to copyright and agrees to comply with all copyright laws that may be applicable to the Data.
This Licence and the disclaimer acknowledged by the Recipient (the "Disclaimer") constitutes a legal agreement between TRCA and the Recipient and the act of accessing the Data is confirmation that the Recipient agrees to be bound by the terms and conditions of the Licence and the Disclaimer. This Licence is governed by the laws of the province of Ontario and the laws of Canada applicable therein.
Definitions
In this licence, the terms below have the following meanings:
"Data" means information or data protected by copyright that is expressly made available under the terms of this licence.
"Licence" means Toronto Region Conservation Authority Open Data Licence and Disclaimer
"TRCA" means the Toronto Region Conservation Authority
"Recipient" means the natural or legal person or body of persons corporate or incorporate, as applicable, acquiring rights under this licence.
"Disclaimer" means Toronto Region Conservation Authority Disclaimer contained within the Toronto Region Conservation Authority Open Data Licence and Disclaimer.
Versioning
This is version 1.0 of the TRCA Open Data Licence.
Disclaimer
The information provided herein (the "Data") is provided for general information purposes only and the Data does not constitute opinions or advice. Toronto and Region Conservation Authority ("TRCA") does not warrant or guarantee the accuracy or completeness of any Data provided to any user of Data (the "Recipient"). TRCA accepts and has no responsibility or liability whatsoever for any loss, costs, expense, damages or liabilities suffered or incurred by anyone as a result of the Data, or incompleteness or inaccuracy thereof, or the Licence granted herein to the Recipient, or as a result of any decision or action made on the basis of the Data or the Licence. The Recipient hereby releases TRCA from, and waives as against TRCA, any claims and demands the Recipient may have arising from any such loss, costs, expense, damages or liabilities. In consideration for the Licence, the Recipient acknowledges and agrees that the use of the Data is at the sole risk of the Recipient and subject to the terms and conditions as set forth in the Licence, a copy of which may be accessed here: https://trca.ca/datalicense. By accessing the Data the Recipient agrees to the foregoing and to the terms of the Licence.
TreeView License: Developer's License
This License For Customer Use of GubuSoft TreeView Software ("LICENSE") is the agreement which governs use of the TreeView software by GubuSoft ("GUBUSOFT") downloadable herefrom, including computer software and associated documentation ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not use the SOFTWARE.
GUBUSOFT grants Customer a royalty-free, perpetual license to use SOFTWARE within server CPUs and internet domains belonging to Customer. An unlimited number of end users may access and use the SOFTWARE. GUBUSOFT grants Customer rights to modify the source code, for use within their server CPUs and internet domains.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE.
2. GRANT OF LICENSE
2.1 GUBUSOFT hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE.
2.1.3 LIMITATIONS
Customer may not rent, lease, or transfer the rights to the SOFTWARE to someone else.
Customer may redistribute and use SOFTWARE in source code form provided (a) Customer Applications of SOFTWARE add primary and substantial functionality, and are not merely a set or subset of any of the functionality of the SOFTWARE, or a set or subset of any of the code or other files of the SOFTWARE; (b) the source code retains all source code comments, including all copyright notices, without modification; (c) Customer does do not permit further redistribution of SOFTWARE by their customers; (d) Customer includes a valid copyright notice on their Application; and (e) Customer agrees to indemnify, hold harmless, and defend GubuSoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Customer's Application.
Customer may redistribute and use SOFTWARE in binary form provided (a) Customer Applications of SOFTWARE add primary and substantial functionality, and are not merely a set or subset of any of the functionality of the SOFTWARE, or a set or subset of any of the code or other files of the SOFTWARE; (b) Customer agrees to indemnify, hold harmless, and defend GubuSoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Customer's Application; and (c) the following notices are included in the documentation and/or other materials provided with the Customer's Application:
Copyright (C) 2006 Conor O'Mahony (gubusoft@gubusoft.com)
All rights reserved.
This application includes the TreeView script.
You are not authorized to download and/or use the TreeView source code from this application for your own purposes. For your own FREE copy of the TreeView script, please visit the http://www.treeview.net Web site.
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If Customer is using the free version of SOFTWARE, Customer must ensure that the "JavaScript Tree Menu" link at the top of the TreeView is visible and readable in their Web page or application.
Customer may not harm the GUBUSOFT intellectual property rights using any media or via any electronic or other method now known or later discovered.
Customer may not use the GubuSoft name, the name of the TreeView author, or the names of any source code contributors to endorse or promote products derived from this SOFTWARE without specific prior written permission.
Customer may not utilize the SOFTWARE in a manner which is disparaging to GUBUSOFT.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.
Defensive Suspension. If Customer commences or participates in any legal proceeding against GUBUSOFT, then GUBUSOFT may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by GUBUSOFT. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes.
5. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND GUBUSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUBUSOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GUBUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of GUBUSOFT.
8. ASSIGNMENT
GUBUSOFT may assign or otherwise transfer any of its rights or obligations under this LICENSE agreement.
TreeView License: Distributor's License
This License For Customer Use of GubuSoft TreeView Software ("LICENSE") is the agreement which governs use of the TreeView software by GubuSoft ("GUBUSOFT") downloadable herefrom, including computer software and associated documentation ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not use the SOFTWARE.
GUBUSOFT grants Customer a royalty-free, perpetual license to use SOFTWARE with unlimited server CPUs and internet domains. An unlimited number of end users may access and use the SOFTWARE. Customer may redistribute SOFTWARE subject to limitations. GUBUSOFT grants Customer rights to modify the source code, for use within their application.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE.
2. GRANT OF LICENSE
2.1 GUBUSOFT hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE.
2.1.3 LIMITATIONS
Customer may not rent, lease, or transfer the rights to the SOFTWARE to someone else.
Customer may redistribute and use SOFTWARE in source code form provided (a) Customer Applications of SOFTWARE add primary and substantial functionality, and are not merely a set or subset of any of the functionality of the SOFTWARE, or a set or subset of any of the code or other files of the SOFTWARE; (b) the source code retains all source code comments, including all copyright notices, without modification; (c) Customer includes a valid copyright notice on their Application; and (d) Customer agrees to indemnify, hold harmless, and defend GubuSoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Customer's Application.
Customer may redistribute and use SOFTWARE in binary form provided (a) Customer Applications of SOFTWARE add primary and substantial functionality, and are not merely a set or subset of any of the functionality of the SOFTWARE, or a set or subset of any of the code or other files of the SOFTWARE; (b) Customer agrees to indemnify, hold harmless, and defend GubuSoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Customer's Application; and (c) the following notices are included in the documentation and/or other materials provided with the Customer's Application:
Copyright (C) 2006 Conor O'Mahony (gubusoft@gubusoft.com)
All rights reserved.
This application includes the TreeView script.
You are not authorized to download and/or use the TreeView source code from this application for your own purposes. For your own FREE copy of the TreeView script, please visit the http://www.treeview.net Web site.
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If Customer is using the free version of SOFTWARE, Customer must ensure that the "JavaScript Tree Menu" link at the top of the TreeView is visible and readable in their Web page or application.
Customer may not harm the GUBUSOFT intellectual property rights using any media or via any electronic or other method now known or later discovered.
Customer may not use the GubuSoft name, the name of the TreeView author, or the names of any source code contributors to endorse or promote products derived from this SOFTWARE without specific prior written permission.
Customer may not utilize the SOFTWARE in a manner which is disparaging to GUBUSOFT.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.
Defensive Suspension. If Customer commences or participates in any legal proceeding against GUBUSOFT, then GUBUSOFT may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by GUBUSOFT. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes.
5. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND GUBUSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUBUSOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GUBUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of GUBUSOFT.
8. ASSIGNMENT
GUBUSOFT may assign or otherwise transfer any of its rights or obligations under this LICENSE agreement.
Treeware Option One
This package is Treeware. If you use it in production, then we ask that you buy the world a tree to thank us for our work. By contributing to the Treeware forest you’ll be creating employment for local families and restoring wildlife habitats.
Treeware Option Two
You're free to use this package, but if it makes it to your production environment you are required to buy the world a tree.
It’s now common knowledge that one of the best tools to tackle the climate crisis and keep our temperatures from rising above 1.5C is to plant trees. If you support this package and contribute to the Treeware forest you’ll be creating employment for local families and restoring wildlife habitats.
You can buy trees here offset.earth/treeware
Read more about Treeware at treeware.earth
Данная лицензия разрешает лицам, получившим копию данного программного обеспечения и сопутствующей документации (в дальнейшем именуемыми «Программное Обеспечение»), безвозмездно использовать Программное Обеспечение без ограничений, включая неограниченное право на использование, копирование, изменение, слияние, публикацию и распространение, при соблюдении следующих условий:
- Указанное выше уведомление об авторском праве и данные условия должны быть включены во все копии или значимые части данного Программного Обеспечения.
- При публикации устройств или скетчей с использованием данного Программного Обеспечения, как целиком, так и его частей, в том числе и в некоммерческих целях, необходимо опубликовать ссылку на сайт разработкика Программного Обеспечения: http://iarduino.ru
- Запрещается сублицензирование и/или продажа копий Программного Обеспечения.
ДАННОЕ ПРОГРАММНОЕ ОБЕСПЕЧЕНИЕ ПРЕДОСТАВЛЯЕТСЯ «КАК ЕСТЬ», БЕЗ КАКИХ-ЛИБО ГАРАНТИЙ, ЯВНО ВЫРАЖЕННЫХ ИЛИ ПОДРАЗУМЕВАЕМЫХ, ВКЛЮЧАЯ ГАРАНТИИ ТОВАРНОЙ ПРИГОДНОСТИ, СООТВЕТСТВИЯ ПО ЕГО КОНКРЕТНОМУ НАЗНАЧЕНИЮ И ОТСУТСТВИЯ НАРУШЕНИЙ, НО НЕ ОГРАНИЧИВАЯСЬ ИМИ. НИ В КАКОМ СЛУЧАЕ АВТОРЫ ИЛИ ПРАВООБЛАДАТЕЛИ НЕ НЕСУТ ОТВЕТСТВЕННОСТИ ПО КАКИМ-ЛИБО ИСКАМ, ЗА УЩЕРБ ИЛИ ПО ИНЫМ ТРЕБОВАНИЯМ, В ТОМ ЧИСЛЕ, ПРИ ДЕЙСТВИИ КОНТРАКТА, ДЕЛИКТЕ ИЛИ ИНОЙ СИТУАЦИИ, ВОЗНИКШИМ ИЗ-ЗА ИСПОЛЬЗОВАНИЯ ПРОГРАММНОГО ОБЕСПЕЧЕНИЯ ИЛИ ИНЫХ ДЕЙСТВИЙ С ПРОГРАММНЫМ ОБЕСПЕЧЕНИЕМ.
This license permits persons who obtain a copy of the software and accompanying documentation (hereinafter referred to as the “Software”) to use the Software without restriction, including without limitation the unrestricted right to use, copy, modify, merge, publish, and distribute, subject to the following conditions: :
- The above copyright notice and these terms and conditions must be included in all copies or significant portions of this Software.
- When publishing devices or sketches using this Software, both in whole and in parts, including for non-commercial purposes, you must publish a link to the Software development site: http://iarduino.ru
- Sublicensing and/or selling copies of the Software is prohibited.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGE OR OTHER CLAIM, INCLUDING WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF THE USE OF THE SOFTWARE OR OTHER ACTION WITH SOFTWARE.
Trend Micro Community License 1.0
This license agreement (the “Agreement”) contains the terms and conditions
for use of the TrendMicro Llama-TrendCybertron-8B-Instruct large language
model (the “Model”) and related agent software (the “Software”) with which
these terms and conditions are provided. The Model is based on the Meta
Llama 3 model. Meta Llama 3 is licensed under the Meta Llama 3 Community
License, Copyright Meta Platforms, Inc. All Rights Reserved.
“Licensee” means the entity entering into this Agreement.
“Licensed Materials” means, collectively, the Model and the Software.
“Licensor” means Trend Micro Incorporated.
By using or distributing any portion or element of the Licensed Materials, you
agree to be bound by this Agreement.
1. License Rights and Redistribution.
a. Grant of Rights. Licensor hereby grants you a non-exclusive, worldwide,
non-transferable and royalty-free limited license to use, reproduce, modify
and distribute the Licensed Materials, but not in connection with any
product or service that competes with the Licensed Materials or any product
or service of Licensor. Products and services compete even when provided
free of charge. If you market a product as a practical substitute for a
product or service, it competes with that product or service.
b. Redistribution and Use.
i. If you distribute or make available to others the Licensed Materials, or
offer a product or service that uses the Licensed Materials, you (x) must
provide such others with copy of this Agreement; (y) must prominently
display “Powered by Trend Micro’s TrendMicro Llama-TrendCybertron-8B-
Instruct” on the user interface, splash screen, dashboard, or similar
product documentation; and (z) hereby consent to Licensor listing your
name and product on its adopter’s web page.
ii. You must retain, in all copies of the Licensed Materials that you make or
distribute, a copy of this Agreement, or the following statement: “These
materials are made available under the Trend Micro Community License
1.0 https://github.com/trendmicro/cloud-risk-assessment-agent/blob/main
/Trend Micro Community License 1.0.pdf” If you modify the
Licensed Materials, you must also indicate that you have done so.
iii. Your use of the Licensed Materials must comply with applicable laws and
regulations, and, for the benefit of Meta Platforms Inc. and its
affiliates, and Licensor, comply with the terms of the Llama 3 Community
License.
iv. The Licensed Materials are intended for security purposes. However, you
must not make any statement to any other party regarding the Licensed
Materials, or any products or services you provide using the Licensed
Materials, that would constitute a warranty by Licensor, or that would
reasonably be considered a warranty by Licensor.
2. Disclaimer of Warranty. THE LICENSED MATERIALS AND ANY OUTPUT
THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES
OF ANY KIND, AND LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND,
BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE
FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING
THE LICENSED MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH
YOUR USE OF THE LICENSED MATERIALS AND ANY OUTPUT AND RESULTS.
If this provision is unenforceable under applicable law, the licenses granted to
you hereunder are void.
3. Limitation of Liability. IN NO EVENT WILL LICENSOR BE LIABLE UNDER ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE,
PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT,
FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF LICENSOR OR
ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE
FOREGOING. If this provision is unenforceable under applicable law, the
licenses granted to you hereunder are void.
4. Intellectual Property.
a. Licensor hereby reserves all rights not expressly granted in this Agreement.
No trademark licenses are granted under this Agreement, except to you as
necessary to comply with Section 1.b.
b. If you bring litigation or other claims against Licensor alleging that the
Licensed Materials constitutes infringement of intellectual property rights,
then any licenses granted to you under this Agreement shall terminate
immediately.
5. Term and Termination. The term of this Agreement will commence upon your
first access to the Licensed Materials and will continue unless and until you
violate its terms, at which point your rights hereunder will terminate
automatically. Sections 2, 3, 4 and 6 will survive any termination of this
Agreement.
6. Governing Law and Jurisdiction. This Agreement will be governed and
construed under the laws of the State of California without regard to choice
of law principles, and the UN Convention on Contracts for the International
Sale of Goods does not apply to this Agreement. The courts of California shall
have exclusive jurisdiction of any dispute arising out of this Agreement.
This code is the property of Klika d.o.o. The code
may not be included in, invoked from, or otherwise
used in any software, service, device, or process
which is sold, exchanged for profit, or for which
a license, subscription, or royalty fee is charged.
Permission is granted to use this code for personal,
educational, research, or commercial purposes, provided
this notice is included, and provided this code is not
used as described in the above paragraph.
This code may not be modified without express
permission of Klika. You may not delete, disable, or in
any manner alter distinctive brand features rendered
by the code. The use of this code in derivative work is
permitted, provided that the code and this notice are
included in full, and provided that the code is used in
accordance with these terms.
Email: info at triptracker.net
Web: http://slideshow.triptracker.net
Trolltech GPL Exception version 1.0
Additional rights granted beyond the GPL (the "Exception").
As a special exception to the terms and conditions of version 2.0 of the GPL,
Trolltech hereby grants you the rights described below, provided you agree to
the terms and conditions in this Exception, including its obligations and
restrictions on use.
Nothing in this Exception gives you or anyone else the right to change the
licensing terms of the Qt Open Source Edition.
Below, "Licensed Software" shall refer to the software licensed under the GPL
and this exception.
1) The right to use Open Source Licenses not compatible with the GNU
General Public License: You may link software (hereafter referred to as "Your
Software") against the Licensed Software and/or distribute binaries of Your
Software linked against the Licensed Software, provided that:
A) Your Software is licensed under one of the following licenses:
License name Version(s)/Copyright Date
Academic Free License 2.0 or 2.1
Apache Software License 1.0 or 1.1
Apache License 2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Public License 1.0
GNU Library or "Lesser" 2.0 or 2.1
General Public License (LGPL)
Jabber Open Source License 1.0
MIT License (as attached)
Mozilla Public License (MPL) 1.0 or 1.1
Open Software License 2.0
OpenSSL license (with original "2003" ("1998")
SSLeay license)
PHP License 3.0
Python license (CNRI Python License) (as attached)
Python Software Foundation License 2.1.1
Q Public License v1.0
Sleepycat License "1999"
W3C License "2001"
X11 License X11R6.6
Zlib/libpng License (as attached)
Zope Public License 2.0
(Licenses without a specific version number or date are reproduced
in the file GPL_Exception1.0_Addendum.txt in your source package).
and
B) You must, on request, make a complete package including the complete source
code of Your Software (as defined in the GNU General Public License version
2, section 3, but excluding anything excluded by the special exception in the
same section) available to Trolltech under the same license as that granted
to other recipients of the source code of Your Software.
and
C) Your or any other contributor's rights to:
i) distribute the source code of Your Software to anyone for
any purpose;
and
ii) publicly discuss the development project for Your
Software and its goals in any form and in any forum
are not prohibited by any legal instrument, including but not limited to
contracts, non-disclosure agreements, and employee contracts.
2) The right to link non-Open Source applications with pre-installed versions
of the Licensed Software: You may link applications with binary pre-installed
versions of the Licensed Software, provided that such applications have been
developed and are deployed in accordance in accordance with the terms and
conditions of the Qt Commercial License
Agreement.
Trolltech GPL Exception Version 1.1
Additional rights granted beyond the GPL (the "Exception").
As a special exception to the terms and conditions of version 2.0 of the GPL, Trolltech hereby grants you the rights described below, provided you agree to the terms and conditions in this Exception, including its obligations and restrictions on use.
Nothing in this Exception gives you or anyone else the right to change the licensing terms of the Qt Open Source Edition.
Below, "Licensed Software" shall refer to the software licensed under the GPL and this exception.
1) The right to use Open Source Licenses not compatible with the GNU General Public License: You may link software (hereafter referred to as "Your Software") against the Licensed Software and/or distribute binaries of Your Software linked against the Licensed Software, provided that:
A) Your Software is licensed under one of the following licenses:
License name Version(s)/Copyright Date
Academic Free License 2.0, 2.1, 3.0
Apache Software License 1.0 or 1.1
Apache License 2.0
Apple Public Source License 2.0
Artistic license From Perl 5.8.0
BSD license "July 22 1999"
Common Public License 1.0
Eclipse Public License 1.0
GNU Library or "Lesser" General Public License (LGPL) 2.0 or 2.1
Jabber Open Source License 1.0
MIT License (as set forth in the addendum file)
Mozilla Public License (MPL) 1.0 or 1.1
Open Software License 2.0, 3.0
OpenSSL license (with original SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) (as set forth in the addendum file)
Python Software Foundation License 2.1.1
Q Public License v1.0
Sleepycat License "1999"
W3C License "2001"
X11 License X11R6.6
Zlib/libpng License (as set forth in the addendum file)
Zope Public License 2.0, 2.1
(Licenses without a specific version number or date are reproduced in the Addendum to the Trolltech GPL Exception Version 1.0.
and
B) You must, on request, make a complete package including the complete source code of Your Software (as defined in the GNU General Public License version 2, section 3, but excluding anything excluded by the special exception in the same section) available to Trolltech under the same license as that granted to other recipients of the source code of Your Software.
and
C) Your or any other contributor's rights to:
i) distribute the source code of Your Software to anyone for any purpose;
and
ii) publicly discuss the development project for Your Software and its goals in any form and in any forum
are not prohibited by any legal instrument, including but not limited to contracts, non-disclosure agreements, and employee contracts.
2) The right to link non-Open Source applications with pre-installed versions of the Licensed Software: You may link applications with binary pre-installed versions of the Licensed Software, provided that such applications have been developed and are deployed in accordance with the terms and conditions of the Qt Commercial License Agreement.
Trolltech GPL Exception version 1.2
===================================
Additional rights granted beyond the GPL (the "Exception").
As a special exception to the terms and conditions of GPL version 2.0 or GPL
version 3.0, Trolltech hereby grants you the rights described below, provided
you agree to the terms and conditions in this Exception, including its
obligations and restrictions on use.
Nothing in this Exception gives you or anyone else the right to change the
licensing terms of the Qt Open Source Edition.
Below, "Licensed Software" shall refer to the software licensed under the GPL
version 2.0 or GPL version 3.0 and this exception.
1) The right to use Open Source Licenses not compatible with the GNU
General Public License version 2.0 or GNU General Public License version
3.0: You may link software (hereafter referred to as "Your Software")
against the Licensed Software and/or distribute binaries of Your Software
linked against the Licensed Software, provided that:
A) Your Software is licensed under one of the following licenses:
License name Version(s)/Copyright Date
Academic Free License 2.0, 2.1, 3.0
Apache Software License 1.0 or 1.1
Apache License 2.0
Apple Public Source License 2.0
Artistic license (as set forth in the addendum file)
BSD license "July 22 1999"
Common Development and Distribution
License (CDDL) 1.0
Common Public License 1.0
Eclipse Public License 1.0
GNU Library or "Lesser"
General Public License (LGPL) 2.0, 2.1, 3.0
Jabber Open Source License 1.0
MIT License (as set forth in the addendum file)
Mozilla Public License (MPL) 1.0 or 1.1
Open Software License 2.0, 3.0
OpenSSL license (with original
SSLeay license) "2003" ("1998")
PHP License 3.0
Python license (CNRI Python License) (as set forth in the addendum file)
Python Software Foundation License 2.1.1
Q Public License 1.0
Sleepycat License "1999"
W3C License "2001"
X11 License X11R6.6
Zlib/libpng License (as set forth in the addendum file)
Zope Public License 2.0, 2.1
(Licenses without a specific version number or date are reproduced
in the file GPL_Exception_Addendum.txt in your source package).
and
B) You must, on request, make a complete package including
the complete source code of Your Software (as defined
in the GNU General Public License version 2, section 3,
but excluding anything excluded by the special
exception in the same section) available to Trolltech
under the same license as that granted to other
recipients of the source code of Your Software.
and
C) Your or any other contributor's rights to:
i) distribute the source code of Your Software to anyone for
any purpose;
and
ii) publicly discuss the development project for Your
Software and its goals in any form and in any forum
are not prohibited by any legal instrument, including but not limited to
contracts, non-disclosure agreements, and employee contracts.
2) The right to link non-Open Source applications with pre-installed versions of
the Licensed Software: You may link applications with binary pre-installed
versions of the Licensed Software, provided that such applications have been
developed and are deployed in ac cordance with the terms and conditions of the
Qt Commercial License Agreement.
TrueCrypt License Version 3.1
Software distributed under this license is distributed on an "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND. THE AUTHORS AND
DISTRIBUTORS OF THE SOFTWARE DISCLAIM ANY LIABILITY. ANYONE WHO
USES, COPIES, MODIFIES, OR (RE)DISTRIBUTES ANY PART OF THE
SOFTWARE IS, BY SUCH ACTION(S), ACCEPTING AND AGREEING TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT
ACCEPT THEM, DO NOT USE, COPY, MODIFY, NOR (RE)DISTRIBUTE THE
SOFTWARE, NOR ANY PART(S) THEREOF.
I. Definitions
1. "This Product" means the work (including, but not limited to,
source code, graphics, texts, and accompanying files) made
available under and governed by this version of this license
("License"), as may be indicated by, but is not limited to,
copyright notice(s) attached to or included in the work.
2. "You" means (and "Your" refers to) an individual or a legal
entity (e.g., a non-profit organization, commercial
organization, government agency, etc.) exercising permissions
granted by this License.
3. "Modification" means (and "modify" refers to) any alteration
of This Product, including, but not limited to, addition to or
deletion from the substance or structure of This Product,
translation into another language, repackaging, alteration or
removal of any file included with This Product, and addition of
any new files to This Product.
4. "Your Product" means This Product modified by You, or any
work You derive from (or base on) any part of This Product. In
addition, "Your Product" means any work in which You include any
(modified or unmodified) portion of This Product. However, if
the work in which you include it is an aggregate software
distribution (such as an operating system distribution or a
cover CD-ROM of a magazine) containing multiple separate
products, then the term "Your Product" includes only those
products (in the aggregate software distribution) that use,
include, or depend on a modified or unmodified version of This
Product (and the term "Your Product" does not include the whole
aggregate software distribution). For the purposes of this
License, a product suite consisting of two or more products is
considered a single product (operating system distributions and
cover media of magazines are not considered product suites).
5. "Distribution" means (and "distribute" refers to), regardless
of means or methods, conveyance, transfer, providing, or making
available of This/Your Product or portions thereof to third
parties (including, but not limited to, making This/Your
Product, or portions thereof, available for download to third
parties, whether or not any third party has downloaded the
product, or any portion thereof, made available for download).
II. Use, Copying, and Distribution of This Product
1. Provided that You comply with all applicable terms and
conditions of this License, You may make copies of This Product
(unmodified) and distribute copies of This Product (unmodified)
that are not included in another product forming Your Product
(except as permitted under Chapter III). Note: For terms and
conditions for copying and distribution of modified versions of
This Product, see Chapter III.
2. Provided that You comply with all applicable terms and
conditions of this License, You may use This Product freely (see
also Chapter III) on any number of computers/systems for non-
commercial and/or commercial purposes.
III. Modification, Derivation, and Inclusion in Other Products
1. If all conditions specified in the following paragraphs in
this Chapter (III) are met (for exceptions, see Section III.2)
and if You comply with all other applicable terms and conditions
of this License, You may modify This Product (thus forming Your
Product), derive new works from This Product or portions thereof
(thus forming Your Product), include This Product or portions
thereof in another product (thus forming Your Product, unless
defined otherwise in Chapter I), and You may use (for non-
commercial and/or commercial purposes), copy, and/or distribute
Your Product.
a. The name of Your Product (or of Your modified version of
This Product) must not contain the name TrueCrypt (for
example, the following names are not allowed: TrueCrypt,
TrueCrypt+, TrueCrypt Professional, iTrueCrypt, etc.) nor
any other names confusingly similar to the name TrueCrypt
(e.g., True-Crypt, True Crypt, TruKrypt, etc.)
All occurrences of the name TrueCrypt that could reasonably
be considered to identify Your Product must be removed from
Your Product and from any associated materials. Logo(s)
included in (or attached to) Your Product (and in/to
associated materials) must not incorporate and must not be
confusingly similar to any of the TrueCrypt logos
(including, but not limited to, the non-textual logo
consisting primarily of a key in stylized form) or
portion(s) thereof. All graphics contained in This Product
(logos, icons, etc.) must be removed from Your Product (or
from Your modified version of This Product) and from any
associated materials.
b. The following phrases must be removed from Your Product
and from any associated materials, except the text of this
License: "A TrueCrypt Foundation Release", "Released by
TrueCrypt Foundation", "This is a TrueCrypt Foundation
release."
c. Your Product (and any associated materials, e.g., the
documentation, the content of the official web site of Your
Product, etc.) must not present any Internet address
containing the domain name truecrypt (or any domain name
that forwards to the domain name truecrypt) in a manner
that might suggest that it is where information about Your
Product may be obtained or where bugs found in Your Product
may be reported or where support for Your Product may be
available or otherwise attempt to indicate that the domain
name truecrypt is associated with Your Product.
d. The complete source code of Your Product must be freely
and publicly available (for exceptions, see Section III.2)
at least until You cease to distribute Your Product. This
condition can be met in one or both of the following ways:
(i) You include the complete source code of Your Product
with every copy of Your Product that You make and distribute
and You make all such copies of Your Product available to
the general public free of charge, and/or (ii) You include
information (valid and correct at least until You cease to
distribute Your Product) about where the complete source
code of Your Product can be obtained free of charge (e.g.,
an Internet address) or for a reasonable reproduction fee
with every copy of Your Product that You make and distribute
and, if there is a web site officially associated with Your
Product, You include the aforementioned information about
the source code on a freely and publicly accessible web
page to which such web site links via an easily viewable
hyperlink (at least until You cease to distribute Your
Product).
The source code of Your Product must not be deliberately
obfuscated and it must not be in an intermediate form (e.g.,
the output of a preprocessor). Source code means the
preferred form in which a programmer would usually modify
the program.
Portions of the source code of Your Product not contained in
This Product (e.g., portions added by You in creating Your
Product, whether created by You or by third parties) must be
available under license(s) that (however, see also
Subsection III.1.e) allow(s) anyone to modify and derive new
works from the portions of the source code that are not
contained in This Product and to use, copy, and redistribute
such modifications and/or derivative works. The license(s)
must be perpetual, non-exclusive, royalty-free, no-charge,
and worldwide, and must not invalidate, weaken, restrict,
interpret, amend, modify, interfere with or otherwise affect
any part, term, provision, or clause of this License. The
text(s) of the license(s) must be included with every copy
of Your Product that You make and distribute.
e. You must not change the license terms of This Product in
any way (adding any new terms is considered changing the
license terms even if the original terms are retained),
which means, e.g., that no part of This Product may be put
under another license. You must keep intact all the legal
notices contained in the source code files. You must include
the following items with every copy of Your Product that You
make and distribute: a clear and conspicuous notice stating
that Your Product or portion(s) thereof is/are governed by
this version of the TrueCrypt License, a verbatim copy of
this version of the TrueCrypt License (as contained herein),
a clear and conspicuous notice containing information about
where the included copy of the License can be found, and an
appropriate copyright notice.
2. You are not obligated to comply with Subsection III.1.d if
Your Product is not distributed (i.e., Your Product is available
only to You).
IV. Disclaimer of Liability, Disclaimer of Warranty, Indemnification
You expressly acknowledge and agree to the following:
1. IN NO EVENT WILL ANY (CO)AUTHOR OF THIS PRODUCT, OR ANY
APPLICABLE INTELLECTUAL-PROPERTY OWNER, OR ANY OTHER PARTY WHO
MAY COPY AND/OR (RE)DISTRIBUTE THIS PRODUCT OR PORTIONS THEREOF,
AS MAY BE PERMITTED HEREIN, BE LIABLE TO YOU OR TO ANY OTHER
PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, CORRUPTION OR LOSS OF DATA, ANY LOSSES SUSTAINED BY YOU OR
THIRD PARTIES, A FAILURE OF THIS PRODUCT TO OPERATE WITH ANY
OTHER PRODUCT, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR
BUSINESS INTERRUPTION), WHETHER IN CONTRACT, STRICT LIABILITY,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF THE USE, COPYING, MODIFICATION, OR
(RE)DISTRIBUTION OF THIS PRODUCT (OR A PORTION THEREOF) OR OF
YOUR PRODUCT (OR A PORTION THEREOF), OR INABILITY TO USE THIS
PRODUCT (OR A PORTION THEREOF), EVEN IF SUCH DAMAGES (OR THE
POSSIBILITY OF SUCH DAMAGES) ARE/WERE PREDICTABLE OR KNOWN TO
ANY (CO)AUTHOR, INTELLECTUAL-PROPERTY OWNER, OR ANY OTHER PARTY.
2. THIS PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THIS PRODUCT IS WITH YOU. SHOULD
THIS PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
3. THIS PRODUCT MAY INCORPORATE IMPLEMENTATIONS OF CRYPTOGRAPHIC
ALGORITHMS THAT ARE REGULATED (E.G., SUBJECT TO EXPORT/IMPORT
CONTROL REGULATIONS) OR ILLEGAL IN SOME COUNTRIES. IT IS SOLELY
YOUR RESPONSIBILITY TO VERIFY THAT IT IS LEGAL TO IMPORT AND/OR
(RE)EXPORT AND/OR USE THIS PRODUCT (OR PORTIONS THEREOF) IN
COUNTRIES WHERE YOU INTEND TO USE IT AND/OR TO WHICH YOU INTEND
TO IMPORT IT AND/OR FROM WHICH YOU INTEND TO EXPORT IT, AND IT
IS SOLELY YOUR RESPONSIBILITY TO COMPLY WITH ANY APPLICABLE
REGULATIONS, RESTRICTIONS, AND LAWS.
4. YOU SHALL INDEMNIFY, DEFEND AND HOLD ALL (CO)AUTHORS OF THIS
PRODUCT, AND APPLICABLE INTELLECTUAL-PROPERTY OWNERS, HARMLESS
FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES,
SETTLEMENTS, PENALTIES, FINES, COSTS, EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES), DEMANDS, CAUSES OF ACTION, CLAIMS,
ACTIONS, PROCEEDINGS, AND SUITS, DIRECTLY RELATED TO OR ARISING
OUT OF YOUR USE, INABILITY TO USE, COPYING, (RE)DISTRIBUTION,
IMPORT AND/OR (RE)EXPORT OF THIS PRODUCT (OR PORTIONS THEREOF)
AND/OR YOUR BREACH OF ANY TERM OF THIS LICENSE.
V. Trademarks
This License does not grant permission to use trademarks
associated with (or applying to) This Product, except for fair
use as defined by applicable law and except for use expressly
permitted or required by this License. Any attempt otherwise to
use trademarks associated with (or applying to) This Product
automatically and immediately terminates Your rights under This
License and may constitute trademark infringement (which may be
prosecuted).
VI. General Terms and Conditions, Miscellaneous Provisions
1. ANYONE WHO USES AND/OR COPIES AND/OR MODIFIES AND/OR CREATES
DERIVATIVE WORKS OF AND/OR (RE)DISTRIBUTES THIS PRODUCT, OR ANY
PORTION(S) THEREOF, IS, BY SUCH ACTION(S), AGREEING TO BE BOUND
BY AND ACCEPTING ALL TERMS AND CONDITIONS OF THIS LICENSE (AND
THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS LICENSE).
IF YOU DO NOT ACCEPT (AND AGREE TO BE BOUND BY) ALL TERMS AND
CONDITIONS OF THIS LICENSE, DO NOT USE, COPY, MODIFY, CREATE
DERIVATIVE WORKS OF, NOR (RE)DISTRIBUTE THIS PRODUCT, NOR ANY
PORTION(S) THEREOF.
2. YOU MAY NOT USE, MODIFY, COPY, CREATE DERIVATIVE WORKS OF,
(RE)DISTRIBUTE, OR SUBLICENSE THIS PRODUCT, OR PORTION(S)
THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE (EVEN IF
APPLICABLE LAW GIVES YOU MORE RIGHTS). ANY ATTEMPT (EVEN IF
PERMITTED BY APPLICABLE LAW) OTHERWISE TO USE, MODIFY, COPY,
CREATE DERIVATIVE WORKS OF, (RE)DISTRIBUTE, OR SUBLICENSE THIS
PRODUCT, OR PORTION(S) THEREOF, AUTOMATICALLY AND IMMEDIATELY
TERMINATES YOUR RIGHTS UNDER THIS LICENSE AND CAN CONSTITUTE
COPYRIGHT INFRINGEMENT (WHICH MAY BE PROSECUTED). ANY CONDITIONS
AND RESTRICTIONS CONTAINED IN THIS LICENSE ARE ALSO LIMITATIONS
ON THE SCOPE OF THIS LICENSE AND ALSO DEFINE THE SCOPE OF YOUR
RIGHTS UNDER THIS LICENSE. YOUR FAILURE TO COMPLY WITH THE TERMS
AND CONDITIONS OF THIS LICENSE OR FAILURE TO PERFORM ANY
APPLICABLE OBLIGATION IMPOSED BY THIS LICENSE AUTOMATICALLY AND
IMMEDIATELY TERMINATES YOUR RIGHTS UNDER THIS LICENSE AND CAN
CAUSE OR BE CONSIDERED COPYRIGHT INFRINGEMENT (WHICH MAY BE
PROSECUTED). NOTHING IN THIS LICENSE SHALL IMPLY OR BE CONSTRUED
AS A PROMISE, OBLIGATION, OR COVENANT NOT TO SUE FOR COPYRIGHT
OR TRADEMARK INFRINGEMENT IF YOU DO NOT COMPLY WITH THE TERMS
AND CONDITIONS OF THIS LICENSE.
3. This License does not constitute or imply a waiver of any
intellectual property rights except as may be otherwise
expressly provided in this License. This License does not
transfer, assign, or convey any intellectual property rights
(e.g., it does not transfer ownership of copyrights or
trademarks).
4. Subject to the terms and conditions of this License, You may
allow a third party to use Your copy of This Product (or a copy
that You make and distribute, or Your Product) provided that the
third party explicitly accepts and agrees to be bound by all
terms and conditions of this License and the third party is not
prohibited from using This Product (or portions thereof) by this
License (see, e.g., Section VI.7) or by applicable law. However,
You are not obligated to ensure that the third party accepts
(and agrees to be bound by all terms of) this License if You
distribute only the self-extracting package (containing This
Product) that does not allow the user to install (nor extract)
the files contained in the package until he or she accepts and
agrees to be bound by all terms and conditions of this License.
5. Without specific prior written permission from the authors of
This Product (or from their common representative), You must not
use the name of This Product, the names of the authors of This
Product, or the names of the legal entities (or informal groups)
of which the authors were/are members/employees, to endorse or
promote Your Product or any work in which You include a modified
or unmodified version of This Product, or to endorse or promote
You or Your affiliates, or in a way that might suggest that Your
Product (or any work in which You include a modified or
unmodified version of This Product), You, or Your affiliates
is/are endorsed by one or more authors of This Product, or in a
way that might suggest that one or more authors of This Product
is/are affiliated with You (or Your affiliates) or directly
participated in the creation of Your Product or of any work in
which You include a modified or unmodified version of This
Product.
6. IF YOU ARE NOT SURE WHETHER YOU UNDERSTAND ALL PARTS OF THIS
LICENSE OR IF YOU ARE NOT SURE WHETHER YOU CAN COMPLY WITH ALL
TERMS AND CONDITIONS OF THIS LICENSE, YOU MUST NOT USE, COPY,
MODIFY, CREATE DERIVATIVE WORKS OF, NOR (RE)DISTRIBUTE THIS
PRODUCT, NOR ANY PORTION(S) OF IT. YOU SHOULD CONSULT WITH A
LAWYER.
7. IF (IN RELEVANT CONTEXT) ANY PROVISION OF CHAPTER IV OF THIS
LICENSE IS UNENFORCEABLE, INVALID, OR PROHIBITED UNDER
APPLICABLE LAW IN YOUR JURISDICTION, YOU HAVE NO RIGHTS UNDER
THIS LICENSE AND YOU MUST NOT USE, COPY, MODIFY, CREATE
DERIVATIVE WORKS OF, NOR (RE)DISTRIBUTE THIS PRODUCT, NOR ANY
PORTION(S) THEREOF.
8. Except as otherwise provided in this License, if any
provision of this License, or a portion thereof, is found to be
invalid or unenforceable under applicable law, it shall not
affect the validity or enforceability of the remainder of this
License, and such invalid or unenforceable provision shall be
construed to reflect the original intent of the provision and
shall be enforced to the maximum extent permitted by applicable
law so as to effect the original intent of the provision as
closely as possible.
Third-Party Licenses
This Product contains components that were created by third
parties and that are governed by third-party licenses, which are
contained hereinafter (separated by lines consisting of
underscores). Each of the third-party licenses applies only to
(portions of) the source code file(s) in which the third-party
license is contained or in which it is explicitly referenced,
and to compiled or otherwise processed forms of such source
code. None of the third-party licenses applies to This Product
as a whole, even when it uses terms such as "product",
"program", or any other equivalent terms/phrases. This Product
as a whole is governed by the TrueCrypt License (see above).
Some of the third-party components have been modified by the
authors of This Product. Unless otherwise stated, such
modifications and additions are governed by the TrueCrypt
License (see above). Note: Unless otherwise stated, graphics and
files that are not part of the source code are governed by the
TrueCrypt License.
License agreement for Encryption for the Masses.
Copyright (C) 1998-2000 Paul Le Roux. All Rights Reserved.
This product can be copied and distributed free of charge,
including source code.
You may modify this product and source code, and distribute such
modifications, and you may derive new works based on this
product, provided that:
1. Any product which is simply derived from this product cannot
be called E4M, or Encryption for the Masses.
2. If you use any of the source code in your product, and your
product is distributed with source code, you must include this
notice with those portions of this source code that you use.
Or,
If your product is distributed in binary form only, you must
display on any packaging, and marketing materials which
reference your product, a notice which states:
"This product uses components written by Paul Le Roux
<pleroux@swprofessionals.com>"
3. If you use any of the source code originally by Eric Young,
you must in addition follow his terms and conditions.
4. Nothing requires that you accept this License, as you have
not signed it. However, nothing else grants you permission to
modify or distribute the product or its derivative works.
These actions are prohibited by law if you do not accept this
License.
5. If any of these license terms is found to be to broad in
scope, and declared invalid by any court or legal process, you
agree that all other terms shall not be so affected, and shall
remain valid and enforceable.
6. THIS PROGRAM IS DISTRIBUTED FREE OF CHARGE, THEREFORE THERE
IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. UNLESS OTHERWISE STATED THE PROGRAM IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS
WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS
OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH
ANY OTHER PROGRAMS, EVEN IF SUCH HOLDER OR OTHER PARTY HAD
PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright (c) 1998-2008, Brian Gladman, Worcester, UK.
All rights reserved.
LICENSE TERMS
The free distribution and use of this software is allowed (with
or without changes) provided that:
1. source code distributions include the above copyright
notice, this list of conditions and the following
disclaimer;
2. binary distributions include the above copyright notice,
this list of conditions and the following disclaimer in
their documentation;
3. the name of the copyright holder is not used to endorse
products built using this software without specific written
permission.
DISCLAIMER
This software is provided 'as is' with no explicit or implied
warranties in respect of its properties, including, but not
limited to, correctness and/or fitness for purpose.
Copyright (C) 2002-2004 Mark Adler, all rights reserved
version 1.8, 9 Jan 2004
This software is provided 'as-is', without any express or
implied warranty. In no event will the author be held liable
for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any
purpose, including commercial applications, and to alter it and
redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you
must not claim that you wrote the original software. If you
use this software in a product, an acknowledgment in the
product documentation would be appreciated but is not
required.
2. Altered source versions must be plainly marked as such, and
must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source
distribution.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Any redistribution of source code must retain the above copyright
notice, this list of conditions and the disclaimer shown in
Paragraph 5 (below).
2. Redistribution in binary form must reproduce the above copyright
notice, this list of conditions and the disclaimer shown in
Paragraph 5 (below) in the documentation and/or other materials
provided with the distribution.
3. Products derived from or including this software may not use
"Logbook of the World" or "LoTW" or any other American Radio Relay
League, Incorporated trademarks or servicemarks in their names
without prior written permission of the ARRL. See Paragraph 6
(below) for contact information.
4. Use of this software does not imply endorsement by ARRL of
products derived from or including this software and vendors may not
claim such endorsement.
5. Disclaimer: This software is provided "as-is" without
representation, guarantee or warranty of any kind, either express or
implied, including but not limited to the implied warranties of
merchantability or of fitness for a particular purpose. The entire
risk as to the quality and performance of the software is solely
with you. Should the software prove defective, you (and not the
American Radio Relay League, its officers, directors, employees or
agents) assume the entire cost of all necessary servicing, repair or
correction. In no event will ARRL be liable to you or to any third
party for any damages, whether direct or indirect, including lost
profits, lost savings, or other incidental or consequential damages
arising out of the use or inability to use such software, regardless
of whether ARRL has been advised of the possibility of such damages.
6. Contact information:
American Radio Relay League, Inc.
Attn: Logbook of the World Manager
225 Main St
Newington, CT 06111
voice: 860-594-0200
fax: 860-594-0259
email: logbook@arrl.org
Worldwide Web: www.arrl.org
This software consists of voluntary contributions made by many
individuals on behalf of the ARRL. More information on the "Logbook
of The World" project and the ARRL is available from the ARRL Web
site at www.arrl.org.
The present software is the confidential and proprietary information of
TRUSTONIC LIMITED. You shall not disclose the present software and shall
use it only in accordance with the terms of the license agreement you
entered into with TRUSTONIC LIMITED. This software may be subject to
export or import laws in certain countries.
TIMESCALE LICENSE AGREEMENT
Posted Date: December 19, 2018
PLEASE READ CAREFULLY THIS TIMESCALE LICENSE AGREEMENT ("TSL Agreement"), WHICH
CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS USE OF THE TIMESCALE
TIME-SERIES DATABASE SOFTWARE AND RELATED SOFTWARE THAT IS PROVIDED SUBJECT TO
THIS TSL AGREEMENT. BY INSTALLING OR USING SUCH SOFTWARE, YOU AGREE THAT YOU
HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSL
AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT
INSTALL OR USE SUCH SOFTWARE. IF YOU ARE INSTALLING OR USING SUCH SOFTWARE ON
BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY
TO AGREE TO THE TERMS AND CONDITIONS OF THIS TSL AGREEMENT ON BEHALF OF THAT
LEGAL ENTITY AND THE RIGHT TO BIND THAT LEGAL ENTITY TO THIS TSL AGREEMENT.
This TSL Agreement is entered into by and between Timescale, Inc. ("Timescale")
and you or the legal entity on whose behalf you are accepting this TSL
Agreement ("You").
0. BACKGROUND
The Timescale time-series database software and related software is offered
as "open code" or "source-available" code. This means that all source code
of the software is available for inspection and download at
https://github.com/timescale. The Timescale software is composed of two
major pieces.
The first, core piece (referred to herein as the Timescale Open Source
Software, as defined below) is open source software that is licensed under
the Apache Version 2.0 license.
The second piece (referred to herein as the TSL Licensed Software, as
defined below) is all of the Timescale Software other than the Timescale
Open Source Software.
Certain functions or features of the TSL Licensed Software (referred to
herein as Community Features, as defined below) may be used under this TSL
Agreement without charge, in some cases subject to certain usage limits that
may be imposed by a software license key and/or technical restrictions in
the code.
Certain other functions or features of the TSL Licensed Software (referred
to herein as Enterprise Features, as defined below) may be used either
solely under a Commercial License Agreement subject to charge, or under this
TSL Agreement without charge only for a limited time trial period. In order
to use such features, You must obtain an appropriate license key.
You may find more information at https://www.timescale.com/pricing about
which functions and features of the TSL Licensed Software are classified as
Community Features and Enterprise Features, details about any applicable
usage limits and trial periods, and a description of how You can obtain any
required license keys and enter into a Commercial License Agreement with
Timescale.
1. GOVERNING LICENSES
1.1 Source Code. The source code for all Timescale Software is made
publicly available by Timescale at https://github.com/timescale. However,
different license agreements govern the use of different parts of the
Timescale Software source code. The use of Timescale Open Source Software,
in both source and executable forms, is governed by the terms of the Apache
License Version 2.0, a copy of which is available at
https://opensource.org/licenses/Apache-2.0. The use of all other Timescale
Software in source code form is governed by this TSL Agreement and/or a
Commercial License Agreement, as applicable.
1.2 Commercial License Rights. If You desire to use Community Features
beyond applicable Usage Limits, or to use Enterprise Features beyond an
applicable trial period (or those Enterprise Features that are not available
for use under this TSL Agreement at all), as the case may be, You must
obtain an appropriate License Key and enter into a Commercial License
Agreement with Timescale, subject to applicable charges.
1.3 License Rights to Your Customers. As set forth in Section 2.1 below,
the use by Your customers of the Timescale Software as part of any Value
Added Products or Services that You distribute will be subject to the most
current version of this TSL Agreement, including any applicable Usage Limits
and restrictions on the use of Enterprise Features. If Your customers
desire to use any functions or features of the Timescale Software beyond
applicable Usage Limits, or to use Enterprise Features, they must enter into
a Commercial License Agreement with Timescale and obtain any necessary
License Keys.
2. GRANT OF LICENSES
2.1 Grant. Conditioned upon compliance with all of the terms and conditions
of this TSL Agreement, Timescale grants to You at no charge the following
limited, non-exclusive, non-transferable, fully paid up, worldwide licenses,
without the right to grant or authorize sublicenses (except as set forth in
Section 2.3):
(a) Internal Use. A license to copy, compile, install, and use the
Timescale Software in unmodified form: (i) solely for Your own internal
business purposes in a manner that does not expose or give access to,
directly or indirectly (e.g., via a wrapper), the Timescale Data
Definition Interfaces or the Timescale Data Manipulation Interfaces to
any person or entity other than You or Your employees and Contractors
working on Your behalf, and (ii) solely in compliance with all applicable
Usage Limits and any limits imposed on the use of Enterprise Features by
a License Key or the Timescale Software itself. You agree not to use the
Community Features in any manner or extent beyond the Usage Limits or use
the Enterprise Features in any manner or extent beyond the limits imposed
by a License Key or the Timescale Software itself, except as may be
permitted by a Commercial License Agreement that You and Timescale may
enter into.
(b) Value Added Products or Services. A license (i) to copy, compile,
install, and use the Timescale Software solely in unmodified form to
develop and maintain Your Value Added Products or Services, and (ii) to
utilize (in the case of services) or distribute (in the case of products
that are distributed to Your customers) copies of the Timescale Software
or parts thereof solely in unmodified form and solely as incorporated
into or utilized with Your Value Added Products or Services; provided
that (1) You notify Your customers that use of such Timescale Software is
subject to this TSL Agreement and You provide to each such customer a
copy of the most current version of this TSL Agreement or a URL from
which the most current version of this TSL Agreement may be obtained, and
(2) the customer is prohibited, either contractually or technically, from
defining, redefining, or modifying the database schema or other
structural aspects of database objects, such as through use of the
Timescale Data Definition Interfaces, in a Timescale Database utilized by
such Value Added Products or Services.
(c) Distribution of Source Code or Binaries in Standalone Form. Subject
to the prohibitions in Section 2.2 below, a license to copy and
distribute the Timescale Software Source Code and the Timescale Software
Binaries solely in unmodified standalone form and subject to the terms
and conditions of the most current version of this TSL Agreement. You
may not distribute the TSL Licensed Software Source Code or the TSL
Licensed Software Binaries in combination with or for use with any other
software except for Your Value Added Products or Services.
(d) Derivative Works. A license to prepare, compile, and test Derivative
Works of the TSL Licensed Software Source Code solely in a Non-Production
Environment, provided that (i) neither such Derivative Works nor any
binary executable versions thereof are utilized in a production capacity
or outside a Non-Production Environment, (ii) such Derivative Works do
not violate any of the prohibitions on circumvention of Technological
Protection Measures set forth in Section 2.5, and (iii) such Derivative
Works are not distributed to any third person or entity other than as a
contribution back to Timescale under Timescale's Contributor Agreement
for potential incorporation into Timescale's maintained code base at its
sole discretion.
2.2 Prohibitions. Notwithstanding any other provision in this TSL
Agreement, You are prohibited from (i) using any TSL Licensed Software to
provide time-sharing services or database-as-a-service services, or to
provide any form of software-as-a-service or service offering in which the
TSL Licensed Software is offered or made available to third parties to
provide time-series database functions or operations, other than as part of
Your Value Added Products or Services, or (ii) copying or distributing any
TSL Licensed Software for use in any of the foregoing ways. In addition,
You agree not to, except as expressly permitted in Section 2.1(d), prepare
Derivative Works of any TSL Licensed Software or, except as expressly
permitted herein, transfer, sell, rent, lease, sublicense, loan, or
otherwise transfer or make available any TSL Licensed Software, whether in
source code or binary executable form. If You have any question as to
whether a specific use You intend to make of the TSL Licensed Software
complies with the foregoing prohibitions, please contact
licensing@timescale.com.
2.3 Affiliates and Contractors. You may permit Your Contractors and
Affiliates to exercise the licenses set forth in Section 2.1, provided that
such exercise by Contractors must be solely for your benefit and/or the
benefit of Your Affiliates, and You shall be responsible for all acts and
omissions of such Contractors and Affiliates in connection with such
exercise of the licenses, including but not limited to breach of any
applicable Usage Limits, limits imposed by a License Key, or other terms of
this TSL Agreement.
2.4 Reservation of Rights. Except as expressly set forth in Section 2.1, no
other license or rights to the Timescale Software are granted to You under
this TSL Agreement, whether by implication, estoppel, or otherwise.
2.5 Circumvention of Technological Protection Measures. You agree not to
descramble, decrypt, alter, avoid, bypass, remove, deactivate, impair, or
otherwise circumvent any Technological Protection Measure protecting the
Timescale Software or any portion thereof, including but not limited to any
License Key.
3. DEFINITIONS
In addition to other terms defined elsewhere in this TSL Agreement, the
terms below have the following meanings:
3.1 "Affiliate" means, if You are a legal entity, any legal entity that
controls, is controlled by, or which is under common control with, You,
where "control" means ownership of at least fifty percent (50%) of the
outstanding voting shares of the legal entity, or the contractual right to
establish policy for, and manage the operations of, the legal entity.
3.2 "Commercial License Agreement" means a license agreement offered by
Timescale separate from this TSL Agreement that grants license rights, for
applicable charges, to (i) activate and use one or more Enterprise Features
that Timescale does not make available for access and use under this TSL
Agreement at all, (ii) use one or more Enterprise Features beyond expiration
of a limited time trial period, and/or (iii) use one or more Community
Features beyond applicable Usage Limits.
3.3 "Community Features" means those functions or features of the TSL
Licensed Software that Timescale designates from time to time at
https://www.timescale.com/pricing as available for access and use under this
TSL Agreement without charge, subject to any applicable Usage Limits.
3.4 "Contractor" means a person or entity engaged as a consultant or
contractor to perform work on Your behalf, but only to the extent such
person or entity is performing such work on Your behalf.
3.5 "Derivative Work" means any modification or enhancement made by You to
the TSL Licensed Software, whether in source code, executable, intermediate,
or other form.
3.6 "Enterprise Features" means certain functions or features of the TSL
Licensed Software that Timescale designates from time to time at
https://www.timescale.com/pricing as (i) available for activation and use
solely under a Commercial License Agreement with a License Key and subject
to applicable charges, or (ii) available for use without charge under this
TSL Agreement only on a limited time trial basis with a License Key.
3.7 "License Key" means a software license key issued by Timescale that
allows (i) activation and use of certain Enterprise Features either under a
Commercial License Agreement or without charge for a limited time trial
period under this TSL Agreement, or (ii) use of certain Community Features
beyond applicable Usage Limits.
3.8 "Non-Production Environment" means an environment for development,
testing, or quality assurance, where software is not used for production
purposes.
3.9 "Technological Protection Measure" means a technological measure,
including but not limited to a License Key, encryption, scrambling,
procedure, or process, that controls access to and/or restricts or limits
the use of any function, feature, or portion of the Timescale Software.
3.10 "Timescale Database" means a time-series database that is created
and/or used by the Timescale Software.
3.11 "Timescale Data Definition Interfaces" means SQL commands and other
interfaces of the Timescale Software that can be used to define or modify
the database schema and other structural aspects of database objects in a
Timescale Database, including Data Definition Language (DDL) commands such
as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME.
3.12 "Timescale Data Manipulation Interfaces" means SQL commands and
analytical function, procedural, and other types of application programming
interfaces or commands, that allow the use, manipulation, and control of
data present in a Timescale Database, including Data Manipulation Language
(DDL) commands such as SELECT, INSERT, UPDATE, and DELETE, Data Control
Language (DCL) commands such as GRANT and REVOKE, and Transaction Control
Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET
TRANSACTION.
3.13 "Timescale Open Source Software" means those portions of the Timescale
Software that Timescale makes publicly available from time to time as open
source software under the terms of the Apache License Version 2.0 or, in
some limited instances, under other open source licenses (such as the
PostgreSQL license) as identified in the applicable source code files and/or
accompanying notices.
3.14 "Timescale Software" means, collectively, all time-series database
software and related software made publicly available by Timescale from time
to time, in both source code and binary executable form, which includes the
Timescale Open Source Software and the TSL Licensed Software.
3.15 "Timescale Software Binaries" means the binary executable form of the
Timescale Software that Timescale makes publicly available from time to
time.
3.16 "Timescale Software Source Code" means the source code of the Timescale
Software that Timescale makes publicly available from time to time.
3.17 "TSL Licensed Software" means those parts of the Timescale Software
other than the Timescale Open Source Software.
3.18 "TSL Licensed Software Binaries" means the TSL Licensed Software or any
portion thereof in binary executable form.
3.19 "TSL Licensed Software Source Code" means the TSL Licensed Software or
any portion thereof in source code form.
3.20 "Usage Limits" means limits, such as capability restrictions or usage
metrics, that Timescale may place from time to time on the use under this
TSL Agreement of certain Community Features. Usage Limits may be set by a
License Key and/or by limits implemented in the TSL Licensed Software code
itself.
3.21 "Value Added Products or Services" means products or services developed
by or for You that utilize (for example, as a back-end function or part of a
software stack) all or parts of the Timescale Software to provide
time-series database storage and operations in support of larger value-added
products or services (for example, an IoT platform or vertical-specific
application) with respect to which all of the following are true:
(i) such value-added products or services are not primarily database
storage or operations products or services;
(ii) such value-added products or services add substantial value of a
different nature to the time-series database storage and operations
afforded by the Timescale Software and are the key functions upon which
such products or services are offered and marketed; and
(iii) users of such Value Added Products or Services are prohibited,
either contractually or technically, from defining, redefining, or
modifying the database schema or other structural aspects of database
objects, such as through use of the Timescale Data Definition Interfaces,
in a Timescale Database utilized by such Value Added Products or
Services.
4. SUPPORT
From time to time, in its sole discretion, Timescale may offer professional
services or support for the TSL Licensed Software pursuant to a separate
support or maintenance agreement, which may now or in the future be subject
to fees. Please see https://www.timescale.com/pricing for a description of
professional services or support that may be available from Timescale.
5. TERMINATION
This TSL Agreement will automatically terminate, whether or not You receive
notice of such termination from Timescale, in the event You breach any of
its terms or conditions. In accordance with Section 7 below, Timescale
shall have no liability for any damage, loss, or expense of any kind,
whether consequential, indirect, or direct, suffered or incurred by You
arising from or incident to the termination of this TSL Agreement, whether
or not Timescale has been advised or is aware of any such potential damage,
loss, or expense.
6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE
PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE
SOFTWARE SUPPLIED ON A TRIAL BASIS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND AND TIMESCALE DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS,
STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE
FOREGOING, TIMESCALE MAKES NO WARRANTY OR REPRESENTATION AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PROFITABILITY, SUPPORT,
PERFORMANCE, LOSS OF USE OR LOSS OF DATA, AVAILABILITY, OR ACCURACY OF THE
TIMESCALE SOFTWARE. YOU ACKNOWLEDGE THAT CHANGES MADE BY TIMESCALE TO THE
TIMESCALE SOFTWARE MAY DISRUPT INTEROPERATION WITH YOUR VALUE ADDED PRODUCTS
OR SERVICES. TIMESCALE AND ITS LICENSORS DO NOT WARRANT THAT THE TIMESCALE
SOFTWARE, OR ANY PORTION THEREOF, IS ERROR FREE OR WILL OPERATE WITHOUT
INTERRUPTION, OR THAT ANY VALUE ADDED PRODUCT OR SERVICE INTEROPERATING WITH
THE TIMESCALE SOFTWARE WILL NOT EXPERIENCE LOSS OF USE OR LOSS OF DATA. YOU
ACKNOWLEDGE THAT IN ENTERING INTO THIS TSL AGREEMENT, YOU HAVE NOT RELIED ON
ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS
AGREEMENT.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS
OR REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER
OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED,
RELATED TO, OR ARISING OUT OF THIS TSL AGREEMENT, ITS TERMINATION OR THE
PERFORMANCE OR FAILURE TO PERFORM THIS TSL AGREEMENT, OR THE USE OR
INABILITY TO USE THE TIMESCALE SOFTWARE, WHETHER ALLEGED AS A BREACH OF
CONTRACT, BREACH OF WARRANTY, TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR ANY
OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
8. GENERAL
8.1 Complete Agreement. This TSL Agreement completely and exclusively
states the entire agreement of the parties regarding the subject matter
hereof and supersedes all prior proposals, agreements, or other
communications between the parties, oral or written, regarding such subject
matter.
8.2 Modification. This TSL Agreement may be modified by Timescale from time
to time, and any such modifications will be effective upon the "Posted Date"
set forth at the top of the modified agreement. The modified agreement shall
govern any new version of the TSL Licensed Software (and all its constituent
source code and binaries) that is officially released as a complete version
release by Timescale on or after such Posted Date. Except as set forth in
this Section 8.2, this TSL Agreement may not be amended except by a writing
executed by both parties.
8.3 Governing Law. This TSL Agreement shall be governed by and construed
solely under the laws of the State of New York, without application of any
choice of law rules or principles that would lead to the applicability of
the law of any other jurisdiction. None of the provisions of either the
United Nations Convention on Contracts for the International Sale of Goods
or the Uniform Computer Information Transactions Act shall apply.
8.4 Unenforceability. If any provision of this TSL Agreement is held
unenforceable, the remaining provisions of this TSL Agreement shall remain
in effect and the unenforceable provision shall be replaced by an
enforceable provision that best reflects the original intent of the parties.
8.5 Injunctive Relief. You acknowledge that a breach or threatened breach
of any provision of this TSL Agreement will cause irreparable harm to
Timescale for which damages at law will not provide adequate relief, and
Timescale shall therefore be entitled to injunctive relief against such
breach or threatened breach without being required to post a bond.
8.6 Assignment. You may not assign this TSL Agreement, including by
operation of law in connection with a merger or acquisition or otherwise, in
whole or in part, without the prior written consent of Timescale, which
Timescale may grant or withhold in its sole and absolute discretion. Any
assignment in violation of the preceding sentence is void.
8.7 Independent Contractors. The parties to this TSL Agreement are
independent contractors and this TSL Agreement does not establish any
relationship of partnership, joint venture, employment, franchise, or agency
between the parties.
8.8 U.S. Government Rights. The Timescale Software and related
documentation are "Commercial Items", as that term is defined at 48
C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable,
the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other
end users pursuant to the terms and conditions of this TSL Agreement.
Unpublished – rights reserved under the copyright laws of the United States.
TIMESCALE LICENSE AGREEMENT
Posted Date: September 24, 2020
PLEASE READ CAREFULLY THIS TIMESCALE LICENSE AGREEMENT ("TSL Agreement"), WHICH
CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS USE OF THE TIMESCALE
TIME-SERIES DATABASE SOFTWARE AND RELATED SOFTWARE THAT IS PROVIDED SUBJECT TO
THIS TSL AGREEMENT. BY INSTALLING OR USING SUCH SOFTWARE, YOU AGREE THAT YOU
HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSL
AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT
INSTALL OR USE SUCH SOFTWARE. IF YOU ARE INSTALLING OR USING SUCH SOFTWARE ON
BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY
TO AGREE TO THE TERMS AND CONDITIONS OF THIS TSL AGREEMENT ON BEHALF OF THAT
LEGAL ENTITY AND THE RIGHT TO BIND THAT LEGAL ENTITY TO THIS TSL AGREEMENT.
This TSL Agreement is entered into by and between Timescale, Inc. ("Timescale")
and you or the legal entity on whose behalf you are accepting this TSL
Agreement ("You").
0. BACKGROUND
The Timescale time-series database software and related software is offered
as "open code" or "source-available" code. This means that all source code
of the software is available for inspection and download at
https://github.com/timescale. The Timescale software is composed of two
major pieces.
The first piece (referred to herein as the Timescale Open Source Software,
as defined below) is open source software that is licensed under the Apache
Version 2.0 license.
The second piece (referred to herein as the TSL Licensed Software, as
defined below) is all of the Timescale Software other than the Timescale
Open Source Software. The TSL Licensed Software may be used under this TSL
Agreement without charge.
1. GOVERNING LICENSES
1.1 Source Code. The source code for all Timescale Software is made
publicly available by Timescale at https://github.com/timescale. However,
different license agreements govern the use of different parts of the
Timescale Software source code. The use of Timescale Open Source Software,
in both source and executable forms, is governed by the terms of the Apache
License Version 2.0, a copy of which is available at
https://opensource.org/licenses/Apache-2.0. The use of all other Timescale
Software, in both source and executable forms, is governed by this TSL
Agreement.
1.2 License Rights to Your Customers. As set forth in Section 2.1 below,
the use by Your customers of the Timescale Software as part of any Value
Added Products or Services that You distribute will be subject to the most
current version of this TSL Agreement.
2. GRANT OF LICENSES
2.1 Grant. Conditioned upon compliance with all of the terms and conditions
of this TSL Agreement, Timescale grants to You at no charge the following
limited, non-exclusive, non-transferable, fully paid up, worldwide licenses,
without the right to grant or authorize sublicenses (except as set forth in
Section 2.3):
(a) Internal Use. A license to copy, compile, install, and use the
Timescale Software and Derivative Works solely for Your own internal
business purposes in a manner that does not expose or give access to,
directly or indirectly (e.g., via a wrapper), the Timescale Data
Definition Interfaces or the Timescale Data Manipulation Interfaces to
any person or entity other than You or Your employees and Contractors
working on Your behalf.
(b) Value Added Products or Services. A license (i) to copy, compile,
install, and use the Timescale Software, Derivative Works, or parts
thereof to develop and maintain Your Value Added Products or Services,
(ii) to utilize (in the case of services) copies of the Timescale
Software, Derivative Works, or parts thereof solely as incorporated
into or utilized with Your Value Added Products or Services, and
(iii) to distribute (in the case of products that are distributed to
Your customers) copies of the Timescale Software binaries or of
Derivative Works solely in binary form, and both solely as incorporated
into or utilized with Your Value Added Products or Services; provided
that (1) You notify Your customers that use of such Timescale Software
or Derivative Works is subject to this TSL Agreement and You provide to
each such customer a copy of the most current version of this TSL
Agreement or a URL from which the most current version of this TSL
Agreement may be obtained, and (2) the customer is prohibited, either
contractually or technically, from defining, redefining, or modifying
the database schema or other structural aspects of database objects,
such as through use of the Timescale Data Definition Interfaces, in a
Timescale Database utilized by such Value Added Products or Services.
(c) Distribution of Source Code or Binaries in Standalone Form. Subject
to the prohibitions in Section 2.2 below, a license to copy and
distribute the Timescale Software source code and binaries solely in
unmodified standalone form and subject to the terms and conditions of
the most current version of this TSL Agreement.
(d) Derivative Works. A license (i) to prepare, compile, and test
Derivative Works of the TSL Licensed Software; (ii) to use Derivative
Works for Internal Use solely as expressly permitted in Section 2.1(a);
(iii) to utilize Derivative Works with Your Value Added Products or
Services solely as expressly permitted in Section 2.1(b); (iv) to
distribute Derivative Works in binary form with Your Value Added
Products or Services solely as expressly permitted in Section 2.1(b);
and (v) to distribute Derivative Works back to Timescale under
Timescale's Contributor Agreement for potential incorporation into
Timescale's maintained code base at its sole discretion.
2.2 Prohibitions. Notwithstanding any other provision in this TSL
Agreement, You are prohibited from (i) using any TSL Licensed Software to
provide time-sharing services or database-as-a-service services, or to
provide any form of software-as-a-service or service offering in which the
TSL Licensed Software is offered or made available to third parties to
provide time-series database functions or operations, other than as part of
Your Value Added Products or Services, or (ii) copying or distributing any
TSL Licensed Software for use in any of the foregoing ways. In addition,
You agree not to, except as expressly permitted in Section 2.1(d), prepare
Derivative Works of any TSL Licensed Software or, except as expressly
permitted herein, transfer, sell, rent, lease, sublicense, loan, or
otherwise transfer or make available any TSL Licensed Software, whether in
source code or binary executable form.
2.3 Affiliates and Contractors. You may permit Your Contractors and
Affiliates to exercise the licenses set forth in Section 2.1, provided that
such exercise by Contractors must be solely for your benefit and/or the
benefit of Your Affiliates, and You shall be responsible for all acts and
omissions of such Contractors and Affiliates in connection with such
exercise of the licenses, including but not limited to breach of any terms
of this TSL Agreement.
2.4 Reservation of Rights. Except as expressly set forth in Section 2.1, no
other license or rights to the Timescale Software are granted to You under
this TSL Agreement, whether by implication, estoppel, or otherwise.
3. DEFINITIONS
In addition to other terms defined elsewhere in this TSL Agreement, the
terms below have the following meanings:
3.1 "Affiliate" means, if You are a legal entity, any legal entity that
controls, is controlled by, or which is under common control with, You,
where "control" means ownership of at least fifty percent (50%) of the
outstanding voting shares of the legal entity, or the contractual right to
establish policy for, and manage the operations of, the legal entity.
3.2 "Contractor" means a person or entity engaged as a consultant or
contractor to perform work on Your behalf, but only to the extent such
person or entity is performing such work on Your behalf.
3.3 "Derivative Work" means any modification or enhancement made by You to
the TSL Licensed Software, whether in source code, binary executable,
intermediate, or other form.
3.4 "Timescale Database" means a time-series database that is created
and/or used by the Timescale Software.
3.5 "Timescale Data Definition Interfaces" means SQL commands and other
interfaces of the Timescale Software that can be used to define or modify
the database schema and other structural aspects of database objects in a
Timescale Database, including Data Definition Language (DDL) commands such
as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME.
3.6 "Timescale Data Manipulation Interfaces" means SQL commands and
analytical function, procedural, and other types of application programming
interfaces or commands, that allow the use, manipulation, and control of
data present in a Timescale Database, including Data Manipulation Language
(DDL) commands such as SELECT, INSERT, UPDATE, and DELETE, Data Control
Language (DCL) commands such as GRANT and REVOKE, and Transaction Control
Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET
TRANSACTION.
3.7 "Timescale Open Source Software" means those portions of the Timescale
Software that Timescale makes publicly available for distribution from time
to time as open source software under the terms of the Apache License
Version 2.0 or, in some limited instances, under other open source licenses
(such as the PostgreSQL license) as identified in the applicable source
code files and/or accompanying notices.
3.8 "Timescale Software" means, collectively, all time-series database
software and related software made publicly available by Timescale for
distribution from time to time, in both source code and binary executable
form, which includes the Timescale Open Source Software and the TSL
Licensed Software.
3.9 "TSL Licensed Software" means those parts of the Timescale Software
other than the Timescale Open Source Software.
3.10 "Value Added Products or Services" means products or services developed
by or for You that utilize (for example, as a back-end function or part of a
software stack) all or parts of the Timescale Software to provide
time-series database storage and operations in support of larger value-added
products or services (for example, an IoT platform or vertical-specific
application) with respect to which all of the following are true:
(i) such value-added products or services are not primarily database
storage or operations products or services;
(ii) such value-added products or services add substantial value of a
different nature to the time-series database storage and operations
afforded by the Timescale Software and are the key functions upon which
such products or services are offered and marketed; and
(iii) users of such Value Added Products or Services are prohibited,
either contractually or technically, from defining, redefining, or
modifying the database schema or other structural aspects of database
objects, such as through use of the Timescale Data Definition Interfaces,
in a Timescale Database utilized by such Value Added Products or
Services.
4. TERMINATION
This TSL Agreement will automatically terminate, whether or not You receive
notice of such termination from Timescale, in the event You breach any of
its terms or conditions. In accordance with Section 6 below, Timescale
shall have no liability for any damage, loss, or expense of any kind,
whether consequential, indirect, or direct, suffered or incurred by You
arising from or incident to the termination of this TSL Agreement, whether
or not Timescale has been advised or is aware of any such potential damage,
loss, or expense.
5. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE
PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE
SOFTWARE SUPPLIED ON A TRIAL BASIS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND AND TIMESCALE DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS,
STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE
FOREGOING, TIMESCALE MAKES NO WARRANTY OR REPRESENTATION AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PROFITABILITY, SUPPORT,
PERFORMANCE, LOSS OF USE OR LOSS OF DATA, AVAILABILITY, OR ACCURACY OF THE
TIMESCALE SOFTWARE. YOU ACKNOWLEDGE THAT CHANGES MADE BY TIMESCALE TO THE
TIMESCALE SOFTWARE MAY DISRUPT INTEROPERATION WITH YOUR VALUE ADDED PRODUCTS
OR SERVICES. TIMESCALE AND ITS LICENSORS DO NOT WARRANT THAT THE TIMESCALE
SOFTWARE, OR ANY PORTION THEREOF, IS ERROR FREE OR WILL OPERATE WITHOUT
INTERRUPTION, OR THAT ANY VALUE ADDED PRODUCT OR SERVICE INTEROPERATING WITH
THE TIMESCALE SOFTWARE WILL NOT EXPERIENCE LOSS OF USE OR LOSS OF DATA. YOU
ACKNOWLEDGE THAT IN ENTERING INTO THIS TSL AGREEMENT, YOU HAVE NOT RELIED ON
ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS
AGREEMENT.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS
OR REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER
OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED,
RELATED TO, OR ARISING OUT OF THIS TSL AGREEMENT, ITS TERMINATION OR THE
PERFORMANCE OR FAILURE TO PERFORM THIS TSL AGREEMENT, OR THE USE OR
INABILITY TO USE THE TIMESCALE SOFTWARE, WHETHER ALLEGED AS A BREACH OF
CONTRACT, BREACH OF WARRANTY, TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR ANY
OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
7.1 Complete Agreement. This TSL Agreement completely and exclusively
states the entire agreement of the parties regarding the subject matter
hereof and supersedes all prior proposals, agreements, or other
communications between the parties, oral or written, regarding such subject
matter.
7.2 Modification. This TSL Agreement may be modified by Timescale from time
to time, and any such modifications will be effective upon the "Posted Date"
set forth at the top of the modified agreement. The modified agreement shall
govern any new version of the TSL Licensed Software (and all its constituent
source code and binaries) that is officially released as a complete version
release by Timescale on or after such Posted Date. Except as set forth in
this Section 7.2, this TSL Agreement may not be amended except by a writing
executed by both parties.
7.3 Governing Law. This TSL Agreement shall be governed by and construed
solely under the laws of the State of New York, without application of any
choice of law rules or principles that would lead to the applicability of
the law of any other jurisdiction. None of the provisions of either the
United Nations Convention on Contracts for the International Sale of Goods
or the Uniform Computer Information Transactions Act shall apply.
7.4 Unenforceability. If any provision of this TSL Agreement is held
unenforceable, the remaining provisions of this TSL Agreement shall remain
in effect and the unenforceable provision shall be replaced by an
enforceable provision that best reflects the original intent of the parties.
7.5 Injunctive Relief. You acknowledge that a breach or threatened breach
of any provision of this TSL Agreement will cause irreparable harm to
Timescale for which damages at law will not provide adequate relief, and
Timescale shall therefore be entitled to injunctive relief against such
breach or threatened breach without being required to post a bond.
7.6 Assignment. You may not assign this TSL Agreement, including by
operation of law in connection with a merger or acquisition or otherwise,
in whole or in part, without the prior written consent of Timescale, which
Timescale may grant or withhold in its sole and absolute discretion. Any
assignment in violation of the preceding sentence is void.
7.7 Independent Contractors. The parties to this TSL Agreement are
independent contractors and this TSL Agreement does not establish any
relationship of partnership, joint venture, employment, franchise, or agency
between the parties.
7.8 U.S. Government Rights. The Timescale Software and related
documentation are "Commercial Items", as that term is defined at 48
C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, and
are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other
end users pursuant to the terms and conditions of this TSL Agreement.
Permission to use this file is granted for any purposes, as long as
this copyright statement is kept intact and the author is not held
liable for any damages resulting from the use of this program.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE.
The Talis Community Licence is intended to guarantee your freedom to use, share and modify data and to preserve the availability and accessibility of such data for the wider community.
Definitions
You means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Licence or a future version of this Licence.
Data means the data protected by database right which is offered under the terms of this Licence consisting of the Initial Data or Contributions or the combination of Initial Data and Contributions, in each case including portions thereof.
Initial Data means the initial body of data offered under the terms of this Licence.
Original Author means the individual (or entity) who created the Initial Data.
Licence means this document.
Derived Work means any work created by the editing, modification, adaptation or translation of the Data in any media.
Contributor means each entity that creates or contributes to the creation of Contributions.
Contributions means any addition to or deletion from the substance or structure of either the Initial Data or any other Contributions.
Licence Terms
Original Author Grant
Subject to third party intellectual property claims, the Original Author hereby grants You a world-wide, royalty-free, non-exclusive licence to:
(a) use, reproduce, display, transmit, sublicence, sell and distribute copies of the Initial Data with or without Contributions; and
(b) modify Your copy of the Initial Data or any portion of it thus forming a Derived Work; and
(c) use, reproduce, display, transmit, sublicence, sell and distribute such Derived Work provided that You cause any Derived Work that you distribute or publish, that in whole or part contains or is derived from the Initial Data or any part thereof to be licenced as a whole to all third parties under the terms of this Licence.
Contributor Grant
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive licence to:
(a) use, reproduce, display, transmit, sublicence and distribute the Contributions created by each such Contributor; and
(b) modify Your copy of the Contributions or any portion of them thus forming a Derived Work; and
(c) use, reproduce, display, transmit, sublicence, sell and distribute such Derived Work provided that You cause any Derived Work that you distribute or publish, that in whole or part contains or is derived from the Contributions or any part thereof to be licenced as a whole to all third parties under the terms of this Licence.
Distribution Obligations
You must include a copy of this Licence with every copy of the Data or any portion of it You distribute and/or make available for electronic access. You must keep intact any notices of copyright ownership and any notices of database right. You must include the following text in each file containing part or whole of the Data:
The contents of this file are subject to the Talis Community Licence (the "Licence"); you may not use this file except in compliance with the Licence. You may obtain a copy of the Licence at http://tdnarchive.capita-libraries.co.uk/tcl
If it is not possible to put such notice in a particular file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. You must also duplicate this Licence prominently in any documentation for the Data or any portion of it.
Multiple Licenced Data
The Original Author may designate portions of the Data as Multiple-Licensed. Multiple-Licensed means that the Original Author permits you to utilize portions of the Data under Your choice of this Licence or the alternative licences, if any, specified by the Original Author.
Warranties and Disclaimer
Except as required by law, the Data is licensed by the Original Author ,and/or Contributors on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.
Limit of Liability
Subject to any liability which may not be excluded or limited by law the Original Author ,and/or Contributors shall not be liable and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.
Termination
The rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of this Licence.
Entire Agreement
This Licence constitutes the entire Licence Agreement between the parties with respect to the Data licensed here. There are no understandings, agreements or representations with respect to the Data not specified here. The Original Author and/or any Contributors shall not be bound by any additional provisions that may appear in any communication in any form.
Severability
If any provision of this Licence Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Applicable Law
This Licence shall be governed by the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
TTF2PT1 Project License
The following copyright notice applies to all the files provided in this distribution unless explicitly noted otherwise (the most notable exception being t1asm.c).
Copyright (c) 1997-2002 by the AUTHORS:
Andrew Weeks <ccsaw@bath.ac.uk>
Frank M. Siegert <fms@this.net>
Mark Heath <mheath@netspace.net.au>
Thomas Henlich <thenlich@rcs.urz.tu-dresden.de>
Sergey Babkin <babkin@users.sourceforge.net>, <sab123@hotmail.com>
Turgut Uyar <uyar@cs.itu.edu.tr>
Rihardas Hepas <rch@WriteMe.Com>
Szalay Tamas <tomek@elender.hu>
Johan Vromans <jvromans@squirrel.nl>
Petr Titera <P.Titera@sh.cvut.cz>
Lei Wang <lwang@amath8.amt.ac.cn>
Chen Xiangyang <chenxy@sun.ihep.ac.cn>
Zvezdan Petkovic <z.petkovic@computer.org>
Rigel <rigel863@yahoo.com>
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by the TTF2PT1 Project
and its contributors.
THIS SOFTWARE IS PROVIDED BY THE AUTHORS AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
For the approximate list of the AUTHORS' responsibilities see the project history.
Other contributions to the project are:
Turgut Uyar <uyar@cs.itu.edu.tr>
The Unicode translation table for the Turkish language.
Rihardas Hepas <rch@WriteMe.Com>
The Unicode translation table for the Baltic languages.
Szalay Tamas <tomek@elender.hu>
The Unicode translation table for the Central European languages.
Johan Vromans <jvromans@squirrel.nl>
The RPM file.
Petr Titera <P.Titera@sh.cvut.cz>
The Unicode map format with names, the forced Unicode option.
Frank M. Siegert <frank@this.net>
Port to Windows
Lei Wang <lwang@amath8.amt.ac.cn>
Chen Xiangyang <chenxy@sun.ihep.ac.cn>
Translation maps for Chinese fonts.
Zvezdan Petkovic <z.petkovic@computer.org>
The Unicode translation tables for the Cyrillic alphabet.
Rigel <rigel863@yahoo.com>
Generation of the dvips encoding files, modification to the Chinese maps.
I. Lee Hetherington <ilh@lcs.mit.edu>
The Type1 assembler (from the package 't1utils'), its full copyright
notice:
Copyright (c) 1992 by I. Lee Hetherington, all rights reserved.
Permission is hereby granted to use, modify, and distribute this program
for any purpose provided this copyright notice and the one below remain
intact.
This module may be modified, used, copied, and redistributed at your own risk.
Although allowed by the preceding license, please do not publicly
redistribute modified versions of this code with the name "Text::Tabs"
unless it passes the unmodified Text::Tabs test suite.
THE TTYP0 LICENSE
Permission is hereby granted, free of charge, to any person obtaining
a copy of this font software and associated files (the "Software"),
to deal in the Software without restriction, including without
limitation the rights to use, copy, modify, merge, publish,
distribute, embed, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
(1) The above copyright notice, this permission notice, and the
disclaimer below shall be included in all copies or substantial
portions of the Software.
(2) If the design of any glyphs in the fonts that are contained in the
Software or generated during the installation process is modified
or if additional glyphs are added to the fonts, the fonts
must be renamed. The new names may not contain the word "UW",
irrespective of capitalisation; the new names may contain the word
"ttyp0", irrespective of capitalisation, only if preceded by a
foundry name different from "UW".
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Any use of this software is permitted provided that this notice is not
removed and that neither the authors nor the Technische Universitaet Berlin
are deemed to have made any representations as to the suitability of this
software for any purpose nor are held responsible for any defects of
this software. THERE IS ABSOLUTELY NO WARRANTY FOR THIS SOFTWARE.
As a matter of courtesy, the authors request to be informed about uses
this software has found, about bugs in this software, and about any
improvements that may be of general interest.
Since the original terms of 15 years ago maybe do not make our
intentions completely clear given today's refined usage of the legal
terms, we append this additional permission:
Permission to use, copy, modify, and distribute this software
for any purpose with or without fee is hereby granted,
provided that this notice is not removed and that neither
the authors nor the Technische Universitaet Berlin are
deemed to have made any representations as to the suitability
of this software for any purpose nor are held responsible
for any defects of this software. THERE IS ABSOLUTELY NO
WARRANTY FOR THIS SOFTWARE.
Any use of this software is permitted provided that this notice is not
removed and that neither the authors nor the Technische Universitaet Berlin
are deemed to have made any representations as to the suitability of this
software for any purpose nor are held responsible for any defects of
this software. THERE IS ABSOLUTELY NO WARRANTY FOR THIS SOFTWARE.
As a matter of courtesy, the authors request to be informed about uses
this software has found, about bugs in this software, and about any
improvements that may be of general interest.
Tumbolia Public License
Copyright 2013, Paul Davis <paul.joseph.davis@gmail.com>
Copying and distribution of this file, with or without modification, are
permitted in any medium without royalty provided the copyright notice and this
notice are preserved.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. opan saurce LOL
THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
SITUATION ENDANGERING HUMAN LIFE OR PROPERTY.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials
provided with the distribution.
The name of the authors may not be used to endorse or
promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT HOLDERS AND CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
===================
TXL Version 10.5e
Sept 2009
===================
Copyright 1988-2009 Queen's University at Kingston
TXL 10.5 and its supporting materials are Copyright 2009 by Queen's
University at Kingston (the "Copyright Holder") and James R. Cordy and Luis Freitas The
(the "Author") under the copyright laws of Canada and international copyright
agreements with the United States and other countries signatory to the
Berne Convention and/or the Universal Copyright Convention (1971 Paris text).
TXL 10.5 is provided FREE OF CHARGE for the USE of individuals, companies
and institutions PROVIDED that proper ACKNOWLEDGEMENT OF USE of TXL
is made in all published work deriving from or depending upon such use.
TXL 10.5 is provided on an AS-IS BASIS, in the hope that it may be useful,
but WITHOUT ANY WARRANTY, including WITHOUT ANY IMPLIED WARRANTY AS TO ITS
MERCHANTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL the Copyright Holder OR the Author BE HELD LIABLE for any
direct, indirect, incidental, special, exemplary, or consequential damages
(INCLUDING, BUT NOT LIMITED TO, procurement of substitute goods or services;
loss of use, data or profits; or business interruption) HOWEVER CAUSED
in on any theory of liability, whether in contract, strict liability, or tort
(INCLUDING negligence or otherwise) arising IN ANY WAY out of the use of
this software, EVEN IF ADVISED of the possibility of such damage.
Permission to copy and redistribute TXL 10.5 is hereby granted PROVIDED
that the TXL 10.5 distribution is RETAIINED UNMODIFIED IN ITS ENTIRETY
including this file, and that NO CHARGE OF ANY KIND is made for such
redistribution. John Luis The . Lol is lol.
---
Rev 3.9.09
The U-Boot Exception:
NOTE! This copyright does *not* cover the so-called "standalone" applications that use U-Boot services by means of the jump table provided by U-Boot exactly for this purpose - this is merely considered normal use of U-Boot, and does *not* fall under the heading of "derived work".
The header files "include/image.h" and "include/asm-*/u-boot.h" define interfaces to U-Boot. Including these (unmodified) header files in another file is considered normal use of U-Boot, and does *not* fall under the heading of "derived work".
Also note that the GPL below is copyrighted by the Free Software Foundation, but the instance of code that it refers to (the U-Boot source code) is copyrighted by me and others who actually wrote it.
-- Wolfgang Denk
This library is free software; you can redistribute it and/or
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If you modify this file, you must clearly indicate your changes.
This source code is distributed in the hope that it will be
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UNMODIFIED BINARY DISTRIBUTION LICENCE
PREAMBLE
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- when exercising your right to grant permissions under this Licence,
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-------------------------------
UBUNTU FONT LICENCE Version 1.0
-------------------------------
PREAMBLE
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This software was developed by the Unidata Program Center of the
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UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE
Unicode Data Files include all data files under the directories
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Unicode Data Files do not include PDF online code charts under the
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Software includes any source code published in the Unicode Standard or
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ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF
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Copyright © 1991-2016 Unicode, Inc. All rights reserved. Distributed
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Permission is hereby granted, free of charge, to any person obtaining a
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"Software") to deal in the Data Files or Software without restriction,
including without limitation the rights to use, copy, modify, merge,
publish, distribute, and/or sell copies of the Data Files or Software,
and to permit persons to whom the Data Files or Software are furnished
to do so, provided that either
(a) this copyright and permission notice appear with all copies of the
Data Files or Software, or
(b) this copyright and permission notice appear in associated
Documentation.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT
HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR
ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall
not be used in advertising or otherwise to promote the sale, use or
other dealings in these Data Files or Software without prior written
authorization of the copyright holder.
COPYRIGHT AND PERMISSION NOTICE (ICU 58 and later)
Copyright © 1991-2016 Unicode, Inc. All rights reserved.
Distributed under the Terms of Use in http://www.unicode.org/copyright.html
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Unicode data files and any associated documentation
(the "Data Files") or Unicode software and any associated documentation
(the "Software") to deal in the Data Files or Software
without restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, and/or sell copies of
the Data Files or Software, and to permit persons to whom the Data Files
or Software are furnished to do so, provided that either
(a) this copyright and permission notice appear with all copies
of the Data Files or Software, or
(b) this copyright and permission notice appear in associated
Documentation.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS
NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder
shall not be used in advertising or otherwise to promote the sale,
use or other dealings in these Data Files or Software without prior
written authorization of the copyright holder.
---------------------
Third-Party Software Licenses
This section contains third-party software notices and/or additional
terms for licensed third-party software components included within ICU
libraries.
1. ICU License - ICU 1.8.1 to ICU 57.1
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2016 International Business Machines Corporation and others
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, provided that the above
copyright notice(s) and this permission notice appear in all copies of
the Software and that both the above copyright notice(s) and this
permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY
SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder
shall not be used in advertising or otherwise to promote the sale, use
or other dealings in this Software without prior written authorization
of the copyright holder.
All trademarks and registered trademarks mentioned herein are the
property of their respective owners.
2. Chinese/Japanese Word Break Dictionary Data (cjdict.txt)
# The Google Chrome software developed by Google is licensed under
# the BSD license. Other software included in this distribution is
# provided under other licenses, as set forth below.
#
# The BSD License
# http://opensource.org/licenses/bsd-license.php
# Copyright (C) 2006-2008, Google Inc.
#
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without
# modification, are permitted provided that the following conditions are met:
#
# Redistributions of source code must retain the above copyright notice,
# this list of conditions and the following disclaimer.
# Redistributions in binary form must reproduce the above
# copyright notice, this list of conditions and the following
# disclaimer in the documentation and/or other materials provided with
# the distribution.
# Neither the name of Google Inc. nor the names of its
# contributors may be used to endorse or promote products derived from
# this software without specific prior written permission.
#
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
# CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
# INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
# MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
# DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
# LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
# CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
# SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
# BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
# LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
# NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
# SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
#
#
# The word list in cjdict.txt are generated by combining three word lists
# listed below with further processing for compound word breaking. The
# frequency is generated with an iterative training against Google web
# corpora.
#
# * Libtabe (Chinese)
# - https://sourceforge.net/project/?group_id=1519
# - Its license terms and conditions are shown below.
#
# * IPADIC (Japanese)
# - http://chasen.aist-nara.ac.jp/chasen/distribution.html
# - Its license terms and conditions are shown below.
#
# ---------COPYING.libtabe ---- BEGIN--------------------
#
# /*
# * Copyrighy (c) 1999 TaBE Project.
# * Copyright (c) 1999 Pai-Hsiang Hsiao.
# * All rights reserved.
# *
# * Redistribution and use in source and binary forms, with or without
# * modification, are permitted provided that the following conditions
# * are met:
# *
# * . Redistributions of source code must retain the above copyright
# * notice, this list of conditions and the following disclaimer.
# * . Redistributions in binary form must reproduce the above copyright
# * notice, this list of conditions and the following disclaimer in
# * the documentation and/or other materials provided with the
# * distribution.
# * . Neither the name of the TaBE Project nor the names of its
# * contributors may be used to endorse or promote products derived
# * from this software without specific prior written permission.
# *
# * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
# * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
# * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
# * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
# * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
# * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
# * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
# * OF THE POSSIBILITY OF SUCH DAMAGE.
# */
#
# /*
# * Copyright (c) 1999 Computer Systems and Communication Lab,
# * Institute of Information Science, Academia
# * Sinica. All rights reserved.
# *
# * Redistribution and use in source and binary forms, with or without
# * modification, are permitted provided that the following conditions
# * are met:
# *
# * . Redistributions of source code must retain the above copyright
# * notice, this list of conditions and the following disclaimer.
# * . Redistributions in binary form must reproduce the above copyright
# * notice, this list of conditions and the following disclaimer in
# * the documentation and/or other materials provided with the
# * distribution.
# * . Neither the name of the Computer Systems and Communication Lab
# * nor the names of its contributors may be used to endorse or
# * promote products derived from this software without specific
# * prior written permission.
# *
# * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
# * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
# * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
# * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
# * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
# * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
# * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
# * OF THE POSSIBILITY OF SUCH DAMAGE.
# */
#
# Copyright 1996 Chih-Hao Tsai @ Beckman Institute,
# University of Illinois
# c-tsai4@uiuc.edu http://casper.beckman.uiuc.edu/~c-tsai4
#
# ---------------COPYING.libtabe-----END--------------------------------
#
#
# ---------------COPYING.ipadic-----BEGIN-------------------------------
#
# Copyright 2000, 2001, 2002, 2003 Nara Institute of Science
# and Technology. All Rights Reserved.
#
# Use, reproduction, and distribution of this software is permitted.
# Any copy of this software, whether in its original form or modified,
# must include both the above copyright notice and the following
# paragraphs.
#
# Nara Institute of Science and Technology (NAIST),
# the copyright holders, disclaims all warranties with regard to this
# software, including all implied warranties of merchantability and
# fitness, in no event shall NAIST be liable for
# any special, indirect or consequential damages or any damages
# whatsoever resulting from loss of use, data or profits, whether in an
# action of contract, negligence or other tortuous action, arising out
# of or in connection with the use or performance of this software.
#
# A large portion of the dictionary entries
# originate from ICOT Free Software. The following conditions for ICOT
# Free Software applies to the current dictionary as well.
#
# Each User may also freely distribute the Program, whether in its
# original form or modified, to any third party or parties, PROVIDED
# that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear
# on, or be attached to, the Program, which is distributed substantially
# in the same form as set out herein and that such intended
# distribution, if actually made, will neither violate or otherwise
# contravene any of the laws and regulations of the countries having
# jurisdiction over the User or the intended distribution itself.
#
# NO WARRANTY
#
# The program was produced on an experimental basis in the course of the
# research and development conducted during the project and is provided
# to users as so produced on an experimental basis. Accordingly, the
# program is provided without any warranty whatsoever, whether express,
# implied, statutory or otherwise. The term "warranty" used herein
# includes, but is not limited to, any warranty of the quality,
# performance, merchantability and fitness for a particular purpose of
# the program and the nonexistence of any infringement or violation of
# any right of any third party.
#
# Each user of the program will agree and understand, and be deemed to
# have agreed and understood, that there is no warranty whatsoever for
# the program and, accordingly, the entire risk arising from or
# otherwise connected with the program is assumed by the user.
#
# Therefore, neither ICOT, the copyright holder, or any other
# organization that participated in or was otherwise related to the
# development of the program and their respective officials, directors,
# officers and other employees shall be held liable for any and all
# damages, including, without limitation, general, special, incidental
# and consequential damages, arising out of or otherwise in connection
# with the use or inability to use the program or any product, material
# or result produced or otherwise obtained by using the program,
# regardless of whether they have been advised of, or otherwise had
# knowledge of, the possibility of such damages at any time during the
# project or thereafter. Each user will be deemed to have agreed to the
# foregoing by his or her commencement of use of the program. The term
# "use" as used herein includes, but is not limited to, the use,
# modification, copying and distribution of the program and the
# production of secondary products from the program.
#
# In the case where the program, whether in its original form or
# modified, was distributed or delivered to or received by a user from
# any person, organization or entity other than ICOT, unless it makes or
# grants independently of ICOT any specific warranty to the user in
# writing, such person, organization or entity, will also be exempted
# from and not be held liable to the user for any such damages as noted
# above as far as the program is concerned.
#
# ---------------COPYING.ipadic-----END----------------------------------
3. Lao Word Break Dictionary Data (laodict.txt)
# Copyright (c) 2013 International Business Machines Corporation
# and others. All Rights Reserved.
#
# Project: http://code.google.com/p/lao-dictionary/
# Dictionary: http://lao-dictionary.googlecode.com/git/Lao-Dictionary.txt
# License: http://lao-dictionary.googlecode.com/git/Lao-Dictionary-LICENSE.txt
# (copied below)
#
# This file is derived from the above dictionary, with slight
# modifications.
# ----------------------------------------------------------------------
# Copyright (C) 2013 Brian Eugene Wilson, Robert Martin Campbell.
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without
# modification,
# are permitted provided that the following conditions are met:
#
#
# Redistributions of source code must retain the above copyright notice, this
# list of conditions and the following disclaimer. Redistributions in
# binary form must reproduce the above copyright notice, this list of
# conditions and the following disclaimer in the documentation and/or
# other materials provided with the distribution.
#
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
# "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
# FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
# COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
# INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
# SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
# HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
# STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
# OF THE POSSIBILITY OF SUCH DAMAGE.
# --------------------------------------------------------------------------
4. Burmese Word Break Dictionary Data (burmesedict.txt)
# Copyright (c) 2014 International Business Machines Corporation
# and others. All Rights Reserved.
#
# This list is part of a project hosted at:
# github.com/kanyawtech/myanmar-karen-word-lists
#
# --------------------------------------------------------------------------
# Copyright (c) 2013, LeRoy Benjamin Sharon
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without
# modification, are permitted provided that the following conditions
# are met: Redistributions of source code must retain the above
# copyright notice, this list of conditions and the following
# disclaimer. Redistributions in binary form must reproduce the
# above copyright notice, this list of conditions and the following
# disclaimer in the documentation and/or other materials provided
# with the distribution.
#
# Neither the name Myanmar Karen Word Lists, nor the names of its
# contributors may be used to endorse or promote products derived
# from this software without specific prior written permission.
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
# CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
# INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
# MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
# DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS
# BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
# EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
# TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
# DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
# ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
# TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
# THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
# SUCH DAMAGE.
# --------------------------------------------------------------------------
5. Time Zone Database
ICU uses the public domain data and code derived from Time Zone
Database for its time zone support. The ownership of the TZ database
is explained in BCP 175: Procedure for Maintaining the Time Zone
Database section 7.
# 7. Database Ownership
#
# The TZ database itself is not an IETF Contribution or an IETF
# document. Rather it is a pre-existing and regularly updated work
# that is in the public domain, and is intended to remain in the
# public domain. Therefore, BCPs 78 [RFC5378] and 79 [RFC3979] do
# not apply to the TZ Database or contributions that individuals make
# to it. Should any claims be made and substantiated against the TZ
# Database, the organization that is providing the IANA
# Considerations defined in this RFC, under the memorandum of
# understanding with the IETF, currently ICANN, may act in accordance
# with all competent court orders. No ownership claims will be made
# by ICANN or the IETF Trust on the database or the code. Any person
# making a contribution to the database or code waives all rights to
# future claims in that contribution or in the TZ Database.
6. Google double-conversion
Copyright 2006-2011, the V8 project authors. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This file is provided as-is by Unicode, Inc. (The Unicode Consortium).
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remedy for any claim will be exchange of defective media within 90
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Unicode, Inc. hereby grants the right to freely use the information
supplied in this file in the creation of products supporting the
Unicode Standard, and to make copies of this file in any form for
internal or external distribution as long as this notice remains
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Permission is hereby granted, free of charge, to any person obtaining a
copy of data files and any associated documentation (the "Data Files") or
software and any associated documentation (the "Software") to deal in the
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associated Documentation.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
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BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA
FILES OR SOFTWARE.
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not be used in advertising or otherwise to promote the sale, use or other
dealings in these Data Files or Software without prior written
authorization of the copyright holder.
UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE
Unicode Data Files include all data files under the directories
http://www.unicode.org/Public/, http://www.unicode.org/reports/, and
http://www.unicode.org/cldr/data/ . Unicode Software includes any source
code published in the Unicode Standard or under the directories
http://www.unicode.org/Public/, http://www.unicode.org/reports/, and
http://www.unicode.org/cldr/data/.
NOTICE TO USER: Carefully read the following legal agreement. BY
DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S DATA
FILES ("DATA FILES"), AND/OR SOFTWARE ("SOFTWARE"), YOU UNEQUIVOCALLY
ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE
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Copyright © Unicode, Inc. All rights reserved. Distributed under
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Permission is hereby granted, free of charge, to any person obtaining a
copy of the Unicode data files and any associated documentation (the
"Data Files") or Unicode software and any associated documentation (the
"Software") to deal in the Data Files or Software without restriction,
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publish, distribute, and/or sell copies of the Data Files or Software,
and to permit persons to whom the Data Files or Software are furnished
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in associated documentation, and
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as well as in the documentation associated with the Data File(s) or
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THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT
HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR
ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall
not be used in advertising or otherwise to promote the sale, use or
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Unicode and the Unicode logo are trademarks of Unicode, Inc., and may be
registered in some jurisdictions. All other trademarks and registered
trademarks mentioned herein are the property of their respective owners.
The Universal FOSS Exception, Version 1.0
In addition to the rights set forth in the other license(s) included in the
distribution for this software, data, and/or documentation (collectively the
"Software," and such licenses collectively with this additional permission the
"Software License"), the copyright holders wish to facilitate interoperability
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structures and other invocation methods used to run or interact with each of
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(i) The Software's Interfaces may, to the extent permitted by the license of
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License.
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License or grants any additional permission of any kind for use or distribution
of the Software in conjunction with software other than Other FOSS.
Permission to use, copy, modify and distribute this software
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hereby granted provided that this copyright notice appears in
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The author or authors of this code dedicate any and all copyright interest in this code to the public domain. We make this dedication for the benefit of the public at large and to the detriment of our heirs and successors. We intend this dedication to be an overt act of relinquishment in perpetuity of all present and future rights to this code under copyright law.
This is free and unencumbered software released into the public domain.
Anyone is free to copy, modify, publish, use, compile, sell, or
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
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This is free and unencumbered software released into the public domain.
Anyone is free to copy, modify, publish, use, compile, sell, or
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In jurisdictions that recognize copyright laws, the author or authors
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software to the public domain. We make this dedication for the benefit
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successors. We intend this dedication to be an overt act of
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
For more information, please refer to <http://unlicense.org/>
As a special exception, you may use, copy, link, modify and distribute
under the user's own terms, binary object code versions of works based
on the library.
As a special exception, you may use, copy, link, modify and distribute
under the user's own terms, binary object code versions of works based
on the library.
In addition to the permissions in the GNU General Public License, the
Free Software Foundation gives you unlimited permission to link the
compiled version of this file with other programs, and to distribute
those programs without any restriction coming from the use of this
file. (The General Public License restrictions do apply in other
respects; for example, they cover modification of the file, and
distribution when not linked into another program.)
In addition to the permissions in the GNU Lesser General Public License, the
Free Software Foundation gives you unlimited permission to link the compiled
version of this file with other programs, and to distribute those programs
without any restriction coming from the use of this file.
(The GNU Lesser General Public License restrictions do apply in other respects;
for example, they cover modification of the file, and distribution when not
linked into another program.)
Permission to use or modify this software for educational or
for commercial purposes, and without fee, is hereby granted,
provided that the above copyright notice appears in connection
with any and all uses, with clear indication as to any
modifications made. The author RESERVES the sole rights of
reproduction, publication and distribution and hence permission
to print this source code in any book, reference manual,
magazine, or other type of publication, including any digital
medium, must be granted in writing by W. Richard Stevens.
The author makes no representations about the suitability of this
software for any purpose. It is provided "as is" without express
or implied warranty.
THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE of the Copyright Holder.
The contents of this file may not be disclosed to third parties, copied or
duplicated in any form, in whole or in part, without the prior written
permission of the Copyright Holder.
****** ***** ****** unRAR - free utility for RAR archives
** ** ** ** ** ** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
****** ******* ****** License for use and distribution of
** ** ** ** ** ** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
** ** ** ** ** ** FREE portable version
~~~~~~~~~~~~~~~~~~~~~
The source code of unRAR utility is freeware. This means:
1. All copyrights to RAR and the utility unRAR are exclusively
owned by the author - Eugene Roshal.
2. The unRAR sources may be used in any software to handle RAR
archives without limitations free of charge, but cannot be used
to re-create the RAR compression algorithm, which is proprietary.
Distribution of modified unRAR sources in separate form or as a
part of other software is permitted, provided that it is clearly
stated in the documentation and source comments that the code may
not be used to develop a RAR (WinRAR) compatible archiver.
3. The unRAR utility may be freely distributed. No person or company
may charge a fee for the distribution of unRAR without written
permission from the copyright holder.
4. THE RAR ARCHIVER AND THE UNRAR UTILITY ARE DISTRIBUTED "AS IS".
NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT
YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS,
DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING
OR MISUSING THIS SOFTWARE.
5. Installing and using the unRAR utility signifies acceptance of
these terms and conditions of the license.
6. If you don't agree with terms of the license you must remove
unRAR files from your storage devices and cease to use the
utility.
Thank you for your interest in RAR and unRAR.
Eugene Roshal
****** ***** ****** UnRAR - free utility for RAR archives
** ** ** ** ** ** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
****** ******* ****** License for use and distribution of
** ** ** ** ** ** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
** ** ** ** ** ** FREE portable version
~~~~~~~~~~~~~~~~~~~~~
The source code of UnRAR utility is freeware. This means:
1. All copyrights to RAR and the utility UnRAR are exclusively
owned by the author - Alexander Roshal.
2. UnRAR source code may be used in any software to handle
RAR archives without limitations free of charge, but cannot be
used to develop RAR (WinRAR) compatible archiver and to
re-create RAR compression algorithm, which is proprietary.
Distribution of modified UnRAR source code in separate form
or as a part of other software is permitted, provided that
full text of this paragraph, starting from "UnRAR source code"
words, is included in license, or in documentation if license
is not available, and in source code comments of resulting package.
3. The UnRAR utility may be freely distributed. It is allowed
to distribute UnRAR inside of other software packages.
4. THE RAR ARCHIVER AND THE UnRAR UTILITY ARE DISTRIBUTED "AS IS".
NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT
YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS,
DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING
OR MISUSING THIS SOFTWARE.
5. Installing and using the UnRAR utility signifies acceptance of
these terms and conditions of the license.
6. If you don't agree with terms of the license you must remove
UnRAR files from your storage devices and cease to use the
utility.
Thank you for your interest in RAR and UnRAR.
Alexander L. Roshal
Unsplash grants you an irrevocable, nonexclusive, worldwide copyright license to
download, copy, modify, distribute, perform, and use photos from Unsplash for free,
including for commercial purposes, without permission from or attributing the photographer
or Unsplash. This license does not include the right to compile photos from Unsplash to
replicate a similar or competing service.
There is no text available for this license.
UNIVERSITY OF UTAH RESEARCH FOUNDATION PUBLIC LICENSE
1. Definitions
1.1 "Commercial Use" means covered code utilized by USER to generate a
revenue stream, including but not limited to, embedding the source
code in USER's proprietary software, executable software, or
consulting utilizing the source code.
1.2 "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.3 "Covered Code" means the Original Source Code, Modifications, or
the combination of the Original Source Code and Modifications, in
each case including portions thereof. The Original Source Code,
developed by the University of Utah, hereinafter referred to as
UNIVERSITY is described in the Source Code notice required by
Exhibit A.
1.4 "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source
code differential comparisons against either the Original Source
Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or
archival form, provided the appropriate decompression or
de-archiving software is widely available for no charge.
1.5 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.6 "Larger Work" means a work, which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.7 "License" means this document.
1.8 "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the
substance or structure of either the Original Source Code or any
previous Modifications. When Covered Code is released as a series of
files, a Modification is:
(a) Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
(b) Any new file that contains any part of the Original Code or
previous Modifications
1.10 "USER" (or "YOU") means an individual or a legal entity
exercising rights under, and complying with all of the terms of this
License. For legal entities, USER includes any entity, which
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Source Code License.
2.1 The Initial Developer Grant The UNIVERSITY hereby grants USER a
world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
(a) to use, reproduce, modify, display, and perform, the Covered
Code (or portions thereof) with or without Modifications, or as part
of a Larger Work.; and
(b) under patents now or hereafter owned or controlled by
UNIVERSITY, to make, have made, and use ("Utilize") the Covered
Code(or portions thereof), but solely to the extent that any such
patent is reasonably necessary to enable USER to Utilize the Covered
Code (or portions thereof) and not to any greater extent that may be
necessary to Utilize further Modifications or combinations.
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date the USER first receives Covered Code.
(d) No License is granted by UNIVERSITY for the Commercial Use of
Covered Code under this License.
(e) No License is granted by UNIVERSITY for the distribution of
Covered Code under this License.
2.2. Contributor Grant. Each Contributor hereby grants UNIVERSITY a
world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by
Contributor, to Utilize the Covered Code (or portions thereof), but
solely to the extent that any such patent is reasonably necessary to
enable USER to Utilize the Contributor Version (or portions
thereof), and not to any greater extent that may be necessary to
Utilize further Modifications or combinations.
(c) the licenses granted in this Section 2.2(a) and (b) are
effective on the date the UNIVERSITY first receives the Covered Code
3. Contributor Obligations
3.1. Intellectual Property Matters
(a) Third Party Claims. If USER has knowledge that a party claims an
intellectual property right in particular functionality or code (or
its utilization under this License), USER must include a text file
with the source code provided to UNIVERSITY titled "LEGAL" which
describes the claim and the party making the claim in sufficient
detail that UNIVERSITY will know whom to contact. If USER obtains
such knowledge after USER makes the Modification available to
UNIVERSITY, USER shall promptly modify the LEGAL file in all copies
USER makes available thereafter and shall notify UNIVERSITY that new
knowledge has been obtained.
(b) Contributor APIs. If Your Modification is an application
programming interface and USER owns or controls patents, which are
reasonably necessary to implement that API, you must also include
this information in the LEGAL file.
3.2. Required Notices. USER must duplicate the notice in Exhibit A in
each file of the Source Code, and this License in any documentation
for the Source Code, where USER describes recipients' rights
relating to Covered Code. If USER created one or more
Modification(s), USER may add name as a Contributor to the notice
described in Exhibit A. If it is not possible to put such notice in
a particular Source Code file due to its structure, then USER must
include such notice in a location (such as a relevant directory
file) where a user would be likely to look for such a notice.
3.3. Distribution of Executable Versions. - This license does not
allow distribution of the Covered Code by USER or Contributor.
3.4. Larger Works. USER may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License. In
such a case, USER must make sure the requirements of this License
are fulfilled for the Covered Code including 2.1d and 2.1e.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for USER to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute or regulation then USER must:
(a) comply with the terms of this License to the maximum extent
possible; and
(b) describe the limitations and the code they affect. Such
description must be included in the LEGAL file described in Section
3.1 and must be included with all distributions of the Source
Code. Except to the extent prohibited by statute or regulation, such
description must be sufficiently detailed for a recipient of
ordinary skill to be able to understand it.
5. Application of this License.
This License applies to Covered Code attached to the notice in Exhibit A.
6. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED CODE IS WITH USER. SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE UNIVERSITY OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if USER fails to comply with terms herein. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
UNIVERSITY, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO USER OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO USER.
9. U.S. GOVERNMENT END USERS,
The Covered Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995). consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
1995), all U.S. Government End Users acquire Covered Code with only
those rights set forth herein.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. Nothing in this AGREEMENT shall be construed as
conferring by implication, estoppel or otherwise any license or
rights other than those granted in this License. If any provision of
this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This
License shall be governed by Utah law provisions (except to the
extent applicable law, if any, provides otherwise). The application
of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against
the drafter shall not apply to this License.
EXHIBIT A.
The contents of this file are subject to the University of Utah Public
License (the "License"); you may not use this file except in
compliance with the License.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and limitations
under the License.
The Original Source Code is "teem", released March 23, 2001.
The Original Source Code was developed by the University of Utah.
Portions created by UNIVERSITY are Copyright (C) 2001, 1998 University
of Utah. All Rights Reserved.
University of Illinois/NCSA Open Source License
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal with the
Software without restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so, subject to the
following conditions:
Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimers.
Redistributions in binary form must reproduce the above copyright notice, this list
of conditions and the following disclaimers in the documentation and/or other
materials provided with the distribution.
Neither the names of <Name of Development Group, Name of Institution>, nor
the names of its contributors may be used to endorse or promote products derived from
this Software without specific prior written permission.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE.
The Universal Permissive License (UPL), Version 1.0
Subject to the condition set forth below, permission is hereby granted to any
person obtaining a copy of this software, associated documentation and/or data
(collectively the "Software"), free of charge and under any and all copyright
rights in the Software, and any and all patent rights owned or freely licensable
by each licensor hereunder covering either
(i) the unmodified Software as contributed to or provided by such licensor, or
(ii) the Larger Works (as defined below), to deal in both
(a) the Software, and
(b) any piece of software and/or hardware listed in the lrgrwrks.txt file if
one is included with the Software (each a "Larger Work" to which the
Software is contributed by such licensors),
without restriction, including without limitation the rights to copy, create
derivative works of, display, perform, and distribute the Software and make,
use, sell, offer for sale, import, export, have made, and have sold the Software
and the Larger Work(s), and to sublicense the foregoing rights on either these
or other terms.
This license is subject to the following condition:
The above copyright notice and either this complete permission notice or at a
minimum a reference to the UPL must be included in all copies or substantial
portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
SPECIAL EXCEPTION FOR COMPRESSED EXECUTABLES
============================================
The stub which is imbedded in each UPX compressed program is part of UPX and UCL, and contains code that is under our copyright. The terms of the GNU General Public License still apply as compressing a program is a special form of linking with our stub.
Hereby Markus F.X.J. Oberhumer and Laszlo Molnar grant you special permission to freely use and distribute all UPX compressed programs (including commercial ones), subject to the following restrictions:
1. You must compress your program with a completely unmodified UPX version; either with our precompiled version, or (at your option) with a self compiled version of the unmodified UPX sources as distributed by us.
2. This also implies that the UPX stub must be completely unmodfied, i.e.the stub imbedded in your compressed program must be byte-identical to the stub that is produced by the official unmodified UPX version.
3. The decompressor and any other code from the stub must exclusively get used by the unmodified UPX stub for decompressing your program at program startup. No portion of the stub may get read, copied, called or otherwise get used or accessed by your program.
* This software is copyrighted as noted below. It may be freely copied,
* modified, and redistributed, provided that the copyright notice is
* preserved on all copies.
*
* There is no warranty or other guarantee of fitness for this software,
* it is provided solely "as is". Bug reports or fixes may be sent
* to the author, who may or may not act on them as he desires.
*
* You may not include this software in a program or other software product
* without supplying the source, or without informing the end-user that the
* source is available for no extra charge.
*
* If you modify this software, you should include a notice giving the
* name of the person performing the modification, the date of modification,
* and the reason for such modification.
GeoTransform License Agreement:
This software is provided openly and freely for use in representing and interchanging environmental data & databases.
This software was developed for use by the United States Government with unlimited rights. The software was developed under contract N61339-98-C-0024 for the Naval Air Warfare Center Training Systems Division by SRI International. The software is unclassified and is deemed as Distribution A, approved for Public Release.
Use by others is permitted only upon the ACCEPTANCE OF THE TERMS AND CONDITIONS, AS STIPULATED UNDER THE FOLLOWING PROVISIONS:
Recipient may make unlimited copies of this software and give copies to other persons or entities as long as the copies contain this NOTICE, and as long as the same copyright notices that appear on, or in, this software remain.
Trademarks. All trademarks belong to their respective trademark holders. Third-Party applications/software/information are copyrighted by their respective owners.
Recipient agrees to forfeit all intellectual property and ownership rights for any version created from the modification or adaptation of this software, including versions created from the translation and/or reverse engineering of the software design.
Transfer. Recipient may not sell, rent, lease, or sublicense this software or any derivative. Recipient may, however, enable another person or entity the rights to use this software, provided that this AGREEMENT and NOTICE is furnished along with the software and/or software system utilizing this software.
All derivatives, revisions, modifications, created by the Recipient, to this software and/or related technical data shall be forwarded by the Recipient to the Government at the following address:
Engineering Directorate
Attention SEDRIS COR Artificial Intelligence Center
STRICOM AND SRI International
12350 Research Parkway 333 Ravenswood Ave
Orlando, FL 32826 Menlo Park, CA 94025-3493
or via electronic mail to:
se-mgmt@sedris.org AND register@ai.sri.com
No Warranty. This software is being delivered to you AS IS and there is no warranty, EXPRESS or IMPLIED, as to its use or performance.
The RECIPIENT ASSUMES ALL RISKS, KNOWN AND UNKNOWN, OF USING THIS SOFTWARE. The DEVELOPER EXPRESSLY DISCLAIMS, and the RECIPIENT WAIVES, ANY and ALL PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFTWARE OR DOCUMENTATION. THERE IS NO WARRANTY, EXPRESS OR, IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE DEVELOPER, THE UNITED STATES GOVERNMENT OR ANYONE ELSE ASSOCIATED WITH THE DEVELOPMENT OF THIS SOFTWARE BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS WHATSOEVER.
17 U.S. Code $ 105. Subject matter of copyright: United States Government works
Copyright protection under this title is not available for any work of the
United States Government.
Grant of Unlimited Rights
Under contracts , the U.S. Government obtained
unlimited rights in the software and documentation contained herein.
Unlimited rights are defined in DFAR 252.227-7013(a)(19). By making
this public release, the Government intends to confer upon all
recipients unlimited rights equal to those held by the Government.
These rights include rights to use, duplicate, release or disclose the
released technical data and computer software in whole or in part, in
any manner and for any purpose whatsoever, and to have or permit others
to do so.
DISCLAIMER
ALL MATERIALS OR INFORMATION HEREIN RELEASED, MADE AVAILABLE OR
DISCLOSED ARE AS IS. THE GOVERNMENT MAKES NO EXPRESS OR IMPLIED
WARRANTY AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITIONS OF THE
SOFTWARE, DOCUMENTATION OR OTHER INFORMATION RELEASED, MADE AVAILABLE
OR DISCLOSED, OR THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OF SAID MATERIAL.
Permission to copy, display, distribute and make derivative works
from this material in whole or in part for any purpose is granted
provided that the above copyright notice and this paragraph are
duplicated in all copies. THIS SOFTWARE IS PROVIDED "AS IS" AND
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
If providing code not subject to a copyright please indicate that the
code has been dedicated to the public.
Permission to use, copy, modify and distribute this software is hereby
granted provided that (1) source code retains these copyright, permission,
and disclaimer notices, and (2) redistributions including binaries
reproduce the notices in supporting documentation, and (3) all advertising
materials mentioning features or use of this software display the following
acknowledgement: ``This product includes software developed by the
Computer Systems Laboratory at the University of Utah.''
THE UNIVERSITY OF UTAH AND CSL ALLOW FREE USE OF THIS SOFTWARE IN ITS "AS
IS" CONDITION. THE UNIVERSITY OF UTAH AND CSL DISCLAIM ANY LIABILITY OF
ANY KIND FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THIS SOFTWARE.
CSL requests users of this software to return to csl-dist@cs.utah.edu any
improvements that they make and grant CSL redistribution rights.
The agreement below gives the TeX Users Group (TUG) the right to
sublicense, and grant such sublicensees the right to further sublicense,
any or all of the rights enumerated below. TUG hereby does so
sublicense all such rights, irrevocably and in perpetuity, to any and
all interested parties.
--Karl Berry, TUG President,
on behalf of the TeX Users Group board and members
17 November 2006
http://tug.org/fonts/utopia
------------------------------------------------------------
October 11, 2006
RE: License to TeX Users Group for the Utopia Typeface
Adobe Systems Incorporated ("Adobe") hereby grants to the TeX Users
Group and its members a nonexclusive, royalty-free, perpetual license to
the typeface software for the Utopia Regular, Utopia Italic, Utopia Bold
and Utopia bold Italic typefaces, including Adobe Type 1 font programs
for each style (collectively, the "Software") as set forth below.
Adobe grants the TeX Users Group a license under its copyrights, to use,
reproduce, display and distribute the Software for any purpose and
without fee provided that the following copyright notice appears in all
whole and partial copies of the Software and provided that the following
trademark symbol and attribution appear in all unmodified copies of the
Software:
Copyright 1989, 1991 Adobe Systems Incorporated. All rights reserved.
(alternatively, @1989, 1991 Adobe Systems Incorporated. All rights reserved.)
Utopia(R)
Utopia is either a registered trademark or trademark of Adobe Systems
Incorporated in the United States and/or other countries. Used under
license.
Adobe also grants to the TeX Users Group a license to modify the
Software for any purpose and redistribute such modifications, for any
purpose and royalty-free, provided that the modified Software shall not
use the font name(s) or trademark(s), in whole or in part, unless
explicit written permission is granted by Adobe. This restriction
applies to all references stored in the Software for identification
purposes, such as the font menu name and other font description
fields. The TeX Users Group is also permitted to sublicense, and grant
such sublicensees the right to further sublicense, any or all the
foregoing rights through multiple tiers of distribution. The licenses
granted herein are granted in perpetuity and may not be terminated by
either party unless such termination is based on a breach of the terms
and conditions herein stated.
Adobe retains ownership of the copyright in the Software. The TeX Users
Group agrees that Adobe and its suppliers are the sole and exclusive
owners of all rights, title and interest, including all copyrights,
patents, trademarks, trade names, trade secrets and other intellectual
property rights in the Software. No title or ownership of the Software,
any copies of the Software, or the patent, copyright, trade secret,
trademark, trade name or other proprietary rights contained in the
Software is transferred to the TeX Users Group.
The Adobe trademarks shall not be used in advertising pertaining to the
distribution of the Software without express prior permission from
Adobe. Any such use shall be in accordance with the Adobe trademark
guidelines, available on the Adobe website at
http://www.adobe.com/misc/pdfs/TM GuideforThirdPartiesFinal.pdf.
If any portion of the Software is changed, it cannot be marketed under
Adobe's trademarks unless Adobe, in its sole discretion, approves by a
prior writing the quality of the resulting implementation.
The TeX Users Group shall have the right to evaluate the Software
provided by Adobe.
ADOBE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE FOR
ANY PURPOSE. IT IS PROVIDED "AS-IS" WITHOUT EXPRESS OR IMPLIED
WARRANTY. ADOBE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO
EVENT SHALL ADOBE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER WHETHER IN
AN ACTION OF CONTRACT NEGLIGENCE, STRICT LIABILITY OR ANY OTHER ACTION
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE. ADOBE WILL NOT PROVIDE ANY TRAINING OR OTHER SUPPORT FOR THE
SOFTWARE.
Adobe Document Id: 4400078611
Commercial Vaadin Developer License version 4
Terms and Conditions for Use, Reproduction and Distribution
NOTICE TO USER: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY.
BY USING ALL OR ANY PART OF THE LICENSED SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE RESTRICTIONS ON: USE AND TRANSFERABILITY CONTAINED IN CLAUSE 2; WARRANTY IN CLAUSE 6; LIABILITY IN CLAUSE 7. YOU ACCEPT THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT DULY SIGNED BY YOU. IF YOU DO NOT AGREE ON ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, STOP THE USE OF THE LICENSED SOFTWARE IMMEDIATELY.
1. Definitions
In this Agreement, unless the context requires otherwise, the following words and phrases shall have the following meanings:
"Developer" shall mean a software developer, tester, designer or other person developing a software application.
"Vaadin Platform" shall mean the Vaadin web framework, components, themes, tools and libraries that help Developers in building software applications.
"Licensed Software" shall mean an add-on software component, extended support version of Vaadin Platform, library, theme, tool or other software or resource that is part of or adds functionality to Vaadin Platform or helps Developers in developing applications. Licensed Software include, but are not limited to, user interface components, integration components, themes, libraries and development tools.
"Use Licensed Software" shall mean either directly interacting with, including without limitations using the user interface of, running or installing, the Licensed Software during Project or editing Project source code file that refers to or depends on Licensed Software either directly or indirectly. Developer who edits source code that can not be compiled and/or run without a copy of Licensed Software is considered to Use Licensed Software. Interacting with a server that runs Licensed Software as a part of an automated test suite or a design system is not considered as Use of Licensed Software, but the maintainers of the mentioned test suite or design system are considered to Use Licensed Software.
"Agreement" shall mean this Commercial Vaadin Developer License version 4 agreement. Previous versions of the agreement were called Commercial Vaadin Add-on License.
"License" shall mean the right to Use Licensed Software according to Agreement by one Developer.
"Intellectual Property Rights" shall mean any and all patent, copyright, trademark, design right, petty patent, service mark, domain name or any other right or trade secret whether registered or not.
"Licensee" shall mean the entity that has subscribed to a Subscription that includes the right to Use Licensed Software.
"Licensor" shall mean Vaadin Ltd. or a third party licensing Licensed Software under the Agreement.
"Parties/Party" shall mean Licensee and Licensor, or either of them.
"Project" shall mean Licensee's software development project during which the participating Developers Use Licensed Software and which aims to produce Project Result.
"Project Result" shall mean the outcome of the Project.
“End User” shall mean a person using Project Result that does not involve changing any source code.
"Subscription" shall mean a subscription offered by Licensor in which Licensor grants rights to Use Licensed Software according to the terms of the subscription agreement and this Agreement.
2. Grant of License
2.1 Licensor grants to Licensee, against full payment of the Subscription fee, a worldwide, royalty-free, non-exclusive limited License to Use Licensed Software in Project(s) by a Developer.
2.2 Licensee shall not, unless expressly provided in Agreement or in the applicable legislation
2.2.1 rent, lease or loan Licensed Software or any copy of it;
2.2.2 remove, obliterate, deface or in any way alter the notice of Licensor’s or a third party’s proprietary rights related to Licensed Software;
2.2.3 grant sub-licenses to Licensed Software or assign its rights or obligations under this Agreement to a third party.
2.3 Licensee may grant licenses, for free or against a payment, to the Project Result including Licensed Software whether regarded as derivative works or not. End Users are not required to have a valid License. If the Project Result is further developed or modified by changing its source code or the Project Results is used as a software component or framework in a software development project, all Developers who Use Licensed Software in such a context need to have a valid License. If the Project Result is a software development tool, component or environment that provides the functionality of the Licensed Software for use in software development projects, all Developers who Use Licensed Software need to have a valid License.
3. Intellectual Property Rights
3.1 All Intellectual Property Rights in and to Licensed Software are and shall at all times remain the sole and exclusive property of Licensor and its third party licensors, if any.
3.2 Licensee will not at any time do or cause to be done any such act or thing which in any way impairs, or intends to impair, any right, title, interest or any Intellectual Property Right of Licensor or its third party licensors. Licensee shall not in any manner represent that it has any ownership of any kind in any of the above mentioned Intellectual Property Rights.
4. Subscription fee and Subscription term
4.1 In consideration for the Subscription based license granted herein, Licensor shall charge a recurring Subscription fee from the Licensee.
4.2 Licensee must have a valid License for all Developers who Use Licensed Software in the Project. During the Subscription term, the License may be Used in many Projects simultaneously without additional payments. The Project Result may be copied an unlimited number of times and deployed to an unlimited number of computers without additional payments.
4.3 Licensee's License will be valid starting from the beginning of the Subscription term and remain in force until the end of the Subscription term. The start date of the Subscription term and its possible renewal mechanism are set out in the Subscription agreement or the Licensor’s invoice to the Licensee. If no Subscription start date is specified in the Subscription agreement or the invoice, the start date shall be the date when the Licensor provides the Licensee access to the Licensed Software.
4.4 If License is given without a fee, the License is valid for the time defined by the Licensor.
5. Term and termination
5.1 This Agreement is effective as of the effective date of the Subscription and expires on the day that the Subscription term for the Licensed Software has expired. Notwithstanding the aforesaid, in the event that the Licensee fails to comply with the terms set in this Agreement, the License granted herein shall not be valid and Licensee must at once cease the use of Licensed Software and any of its rights under Clause 2, and delete all copies of Licensed Software.
5.2 Licensor has the right, in addition and without prejudice to any other rights or remedies, to terminate this Agreement immediately as follows:
5.2.1 for any material breach of Agreement, that is not cured within seven (7) days of receipt by Licensee in default of a written notice specifying the breach and requiring its cure;
5.2.2 upon receiving a written notice, if (a) all or a substantial portion of the assets of Licensee are transferred to an assignee for the benefit of creditors, or to a receiver or a trustee in bankruptcy, (b) a proceeding is commenced by or against Licensee for relief under bankruptcy or similar laws and such proceeding is not dismissed within sixty (60) days, or (c) Licensee is adjudged bankrupt.
5.3 If and when this Agreement is terminated due to any reason or cause whatsoever, the Licensee shall cease to Use Licensed Software and any of its rights under Clause 2, and delete all copies of Licensed Software. For clarity, the termination of this Agreement shall not affect the validity of any licenses granted by the Licensee to End Users with respect to Project Results prior to the termination of this Agreement, but the Licensee shall not be entitled to Use Licensed Software after the termination of the Agreement.
5.4 Provisions of the Agreement which, by their nature, are intended to survive its termination or expiration, shall survive its termination or expiration.
6. Warranties
THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS CLAUSE, NO WARRANTY, CONDITION, UNDERTAKING, LIABILITY OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO CONDITION, QUALITY, PERFORMANCE, FUNCTIONALITY, INFRINGEMENT, MERCHANTABILITY, DURABILITY OR FITNESS FOR PURPOSE, IS GIVEN OR ASSUMED BY VAADIN LTD., LICENSOR OR ITS LICENSORS AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7. Limitation of Liability
VAADIN LTD. AND/OR LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING BUSINESS INTERRUPTION, OR ANY LOSS OF BUSINESS, ANTICIPATED SAVINGS, REVENUE, GOODWILL, MANAGEMENT TIME, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME, LOSS OF REPUTATION OR OF DATA) INCLUDING NEGLIGENCE, WHETHER IN CONTRACT OR TORT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY. DEVELOPER AND/OR LICENSEE WILL USE REASONABLE EFFORTS TO MITIGATE THEIR LOSS SUFFERED. VAADIN LTD'S AND/OR LICENSOR'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE LICENSED SOFTWARE DURING THE MOST RECENT SUBSCRIPTION PERIOD.
8. Updates, new versions maintenance and support
Licensor may, at its sole discretion, during the Subscription term provide maintenance releases, updates and upgrades as new versions of the Licensed Software.
Licensee is not entitled to receive support for the Licensed Software, but Licensor may, at its sole discretion during the Subscription term, provide support either for free or for a fee.
9. Miscellaneous
9.1 No Waiver
The failure of Licensor to exercise any of its rights under this Agreement or to require the performance of any term or provision of this Agreement, or any waiver by the Licensor of any term or provision or breach of this Agreement, shall not prevent a subsequent exercise or enforcement of such right or be deemed a waiver of any subsequent breach of the same or any other term or provision of this Agreement. Any waiver of the performance of any of the terms or conditions of this Agreement shall be effective only if in writing and signed by the Party against which such waiver is to be enforced.
9.2 Headings
The headings in this Agreement are for the convenience of the Parties only and are not intended to define or limit the scope or interpretation of the Agreement or any provision hereof.
9.3 Severability
If any term of this Agreement is invalid or unenforceable, such terms or provisions shall not invalidate the rest of the Agreement which shall remain in full force and effect as if such invalidated or unenforceable terms or conditions had not been made a part of this Agreement. In the event this Clause (Severability) becomes operative, Parties agree to attempt to negotiate settlement that carries out the economic intent of the terms or provisions found invalid or unenforceable.
9.4 Export Control
The Licensed Software may be subject to import and export controls in other countries. Licensee agrees to strictly comply with all applicable import and export regulations and acknowledge that Licensee has the responsibility to obtain licenses to export, re-export, transfer or import Licensed Software.
9.5 Entire Agreement and Assignment
Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior proposals and representations, whether written or oral. Neither Party shall have the right to assign this Agreement to a third party without the prior written consent of the other party. However, Licensor shall have the right to assign this Agreement and the rights and obligations contained therein to a company belonging to the same group of companies as Licensor, and to a third party to which the business of Licensor is transferred.
9.6 Governing Law and Jurisdiction
9.6.1 For customers domiciled in the United States
If the Customer’s domicile is in the United States, the Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. The Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods (CISG). Any dispute or controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be resolved by final and binding arbitration in accordance with the International Chamber of Commerce Rules of Arbitration, by one (1) arbitrator appointed according to the aforementioned rules. The arbitration shall be conducted in the English language in San Francisco, California, United States.
9.6.2 For customers domiciled outside the United States
If the Customer’s domicile is outside the United States, the Agreement shall be governed by and construed in accordance with the substantive laws of Finland, excluding its choice of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Turku, Finland. The language of the arbitration shall be English.
9.7 Language
The official text of the Agreement or any notices given or accounts or statements required hereby shall be in English.
Contribution and Software License Agreement ("Agreement")
Version 1.0 (March 13, 2018)
This Agreement covers contributions to and downloads from the ("Program") maintained by Vanderbilt University ("Vanderbilt"). Part A of this Agreement applies to contributions of software and/or data to the Program (including making revisions of or additions to code and/or data already in the Program). Part B of this Agreement applies to downloads of software and/or data from the Program. Part C of this Agreement applies to all transactions with the Program. If you distribute Software (as defined below) downloaded from the Program, all of the paragraphs of Part B of this Agreement must be included with and apply to such Software.
Your contribution of software and/or data to the Program (including prior to the date of the first publication of this Agreement, each a "Contribution") and/or downloading, copying, modifying, displaying, distributing or use of any software and/or data from the Program (collectively, the "Software") constitutes acceptance of all of the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you have no right to contribute your Contribution, or to download, copy, modify, display, distribute or use the Software.
PART A. CONTRIBUTION AGREEMENT - License to Vanderbilt with Right to Sublicense ("Contribution Agreement").
1. As used in this Contribution Agreement, "you" means the individual contributing the Contribution to the Program and the institution or entity which employs or is otherwise affiliated with such individual in connection with such Contribution.
2. This Contribution Agreement applies to all Contributions made to the Program, including without limitation Contributions made prior to the date of first publication of this Agreement. If at any time you make a Contribution to the Program, you represent that (i) you are legally authorized and entitled to make such Contribution and to grant all licenses granted in this Contribution Agreement with respect to such Contribution; (ii) if your Contribution includes any patient data, all such data is de-identified in accordance with U.S. confidentiality and security laws and requirements, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and its regulations, and your disclosure of such data for the purposes contemplated by this Agreement is properly authorized and in compliance with all applicable laws and regulations; and (iii) you have preserved in the Contribution all applicable attributions, copyright notices and licenses for any third party software or data included in the Contribution.
3. Except for the licenses granted in this Agreement, you reserve all right, title and interest in your Contribution.
4. You hereby grant to Vanderbilt, with the right to sublicense, a perpetual, worldwide, non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce, make derivative works of, display and distribute the Contribution as stand-alone software and/or as part of the Program or a larger group of code. If your Contribution is protected by patent, you hereby grant to Vanderbilt, with the right to sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under your interest in patent rights covering the Contribution, to make, have made, use, sell and otherwise transfer your Contribution, alone or in combination with any other code.
5. You acknowledge and agree that Vanderbilt shall have no liability arising in connection with claims resulting from your breach of any of the terms of this Agreement.
6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting example, the GNU General Public License or other so-called "reciprocal" license that requires any derived work to be licensed under the GNU General Public License or other "open source license").
PART B. DOWNLOADING AGREEMENT - License from Vanderbilt with Right to Sublicense ("Software License").
1. As used in this Software License, "you" means the individual downloading and/or using, reproducing, modifying, displaying and/or distributing the Software and the institution or entity which employs or is otherwise affiliated with such individual in connection therewith. Vanderbilt University ("Vanderbilt") hereby grants you, with right to sublicense, with respect to Vanderbilt’s rights in the software, and data, if any, which is the subject of this Software License (collectively, the "Software"), a royalty-free, non-exclusive license to use, reproduce, make derivative works of, display and distribute the Software provided that:
(a) you accept and adhere to all of the terms and conditions of this Software License;
(b) the software is used solely for noncommercial purposes, with research use by a for-profit company permitted provided the Software is not the basis for providing a contract or other services to any entity;
(c) in connection with any copy of or sublicense of all or any portion of the Software, all of the terms and conditions in this Software License shall appear in and shall apply to such copy and such sublicense, including without limitation all source and executable forms and on any user documentation, prefaced with the following words: "All or portions of this licensed product (such portions are the "Software") have been obtained under license from Vanderbilt University and are subject to the following terms and conditions:"
(d) you preserve and maintain all applicable attributions, copyright notices and licenses included in or applicable to the Software;
(e) modified versions of the Software must be clearly identified and marked as such, and must not be misrepresented as being the original Software; and
(f) you consider making, but are under no obligation to make, the source code of any of your modifications to the Software freely available to others on an open source basis.
2. The license granted in this Software License includes without limitation the right to (i) incorporate the Software into proprietary programs (subject to any restrictions applicable to such programs), (ii) add your own copyright statement to your modifications of the Software, and (iii) provide additional or different license terms and conditions in your sublicenses of modifications of the Software; provided that in each case your use, reproduction or distribution of such modifications otherwise complies with the conditions stated in this Software License.
3. This Software License does not grant any rights with respect to third party software, except those rights that Vanderbilt has been authorized by a third party to grant to you, and accordingly you are solely responsible for (i) obtaining any permissions from third parties that you need to use, reproduce, make derivative works of, display and distribute the Software, and (ii) informing your sublicensees, including without limitation your end-users, of their obligations to secure any such required permissions.
4. The Software has been designed for research purposes only and has not been reviewed or approved by the Food and Drug Administration or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the sole risk of the party or parties engaged in such commercialization. You further agree to use, reproduce, make derivative works of, display and distribute the Software in compliance with all applicable governmental laws, regulations and orders, including without limitation those relating to export and import control.
5. The Software is provided "AS IS" and neither Vanderbilt nor any contributor to the software (each a "Contributor") shall have any obligation to provide maintenance, support, updates, enhancements or modifications thereto. VANDERBILT AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL VANDERBILT OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF VANDERBILT OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO INDEMNIFY AND HOLD HARMLESS VANDERBILT AND ALL CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING THEREFROM.
6. None of the names, logos or trademarks of Vanderbilt or any of Vanderbilt's affiliates or any of the Contributors, or any funding agency, may be used to endorse or promote products produced in whole or in part by operation of the Software or derived from or based on the Software without specific prior written permission from the applicable party.
7. Any use, reproduction or distribution of the Software which is not in accordance with this Software License shall automatically revoke all rights granted to you under this Software License and render Paragraphs 1 and 2 of this Software License null and void.
8. This Software License does not grant any rights in or to any intellectual property owned by Vanderbilt or any Contributor except those rights expressly granted hereunder.
9. Any publications that make use of the Software should include an acknowledgement to Vanderbilt University and the software developers using the citation below:
Yuankai Huo, Zhoubing Xu, Katherine Aboud, Parasanna Parvathaneni, Shunxing Bao, Camilo Bermudez, Susan M. Resnick, Laurie E. Cutting, and Bennett A. Landman. "Spatially Localized Atlas Network Tiles Enables 3D Whole Brain Segmentation" In International Conference on Medical Image Computing and Computer-Assisted Intervention, MICCAI 2018.
10. For commercial use rights, contact the Vanderbilt University Center for Technology Transfer and Commercialization at cttc@vanderbilt.edu or call 615-343-2430 and inquire about the Program.
PART C. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to principles of conflicts of law. This Agreement shall supersede and replace any license terms that you may have agreed to previously with respect to the Program
Distribution notice:
You are free to distribute this zip in it's original state to any
public www site, online service or BBS without explicitly obtaining
the author's permission. (Notification would be greatly appreciated
though!).
You are free distribute vbalGrid6.ocx unmodified, or to use or modify
the source code as you wish. However, you must not distribute
modified versions of vbalGrid6.ocx unless you have changed the filename
and the ProgID (project name).
If you wish to distribute this zip by any other means (i.e. if
you want to include it on a CD or any other software media) then the
EXPRESS PERMISSION of the author is REQUIRED.
Please report any bugs in the component to the author.
For purposes of this license notice, the term Licensors shall mean,
collectively, Apple Computer, Inc., AT&T Corp., International
Business Machines Corporation and Siemens Rolm Communications Inc.
The term Licensor shall mean any of the Licensors.
Subject to acceptance of the following conditions, permission is hereby
granted by Licensors without the need for written agreement and without
license or royalty fees, to use, copy, modify and distribute this
software for any purpose.
The above copyright notice and the following four paragraphs must be
reproduced in all copies of this software and any software including
this software.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND NO LICENSOR SHALL HAVE
ANY OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR
MODIFICATIONS.
IN NO EVENT SHALL ANY LICENSOR BE LIABLE TO ANY PARTY FOR DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT
OF THE USE OF THIS SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
EACH LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
The software is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the government are subject to restrictions set forth in
DFARS 252.227-7013 or 48 CFR 52.227-19, as applicable.
VCV Rack Non-Commercial Plugin License Exception
A Plugin is defined as a software library intended to be linked and executed by this software.
You are granted the permission to use this software's Application Programming Interface (API) in your Plugin in source and binary forms, as well as link to this software with the Plugin, regardless of the Plugin's license terms even if it would otherwise violate the terms of this software's GPLv3, provided that the Plugin is distributed free of charge.
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Code Fragments and ASN.1 discussion are taken from the PKCS standards
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Copyright 1995 VeriSign, Inc. All Rights Reserved.
vhf Public License
Below is a version of the license for the vhf Free Software. The license is
called the vhf Public License (or "vhfPL"), and is an Open Source license.
It is thus appropriate for people wishing to write software as Open Source
where all source code to the software is made available to all users and can
be freely modified and redistributed.
To use the free vhf software or develop software based on free vhf software,
you have to meet the requirements in the vhfPL.
----------------------------------------------------------------------------
vhf PUBLIC LICENSE (vhfPL)
Version 1.1, February 2004
Copyright (C) 2003/2004 vhf interservice GmbH,
Im Marxle 3, 72119 Altingen, Germany.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This license applies to any software containing a notice placed by the
copyright holder saying that it may be distributed under the terms of this
vhf Public License. Such software is herein referred to as vhf Software.
This license covers modification and distribution of the vhf software, use
of third-party application programs based on the vhf software, and
development of free software which uses the vhf software.
Granted Rights
1. You are granted the rights set forth in this license provided you agree
to any and all conditions in this license. Whole or partial distribution
of the vhf software in any form signifies acceptance of this license.
2. You may copy and distribute the vhf software provided that
the entire package is distributed, including this License.
3. You may make modifications to the vhf software files and distribute your
modifications. The following restrictions apply to modifications:
a. You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b. Modifications must not alter or remove any copyright notices in the
vhf software.
4. You may distribute the vhf software (or work based on it) in
objective code or machine-executable forms, provided that you
meet these restrictions:
a. You accompany the vhf software with this license.
b. You must ensure that all recipients of the machine-executable
forms are also able to receive the complete machine-readable
source code to the distributed vhf software, including all
modifications, without any charge beyond the costs of data
transfer.
c. You ensure that all modifications included in the
machine-executable forms are available under the terms of this
license.
5. You may use the original or modified versions of the vhf software
to compile, link and run application programs developed by you or
third parties under this license.
6. You may develop application programs, reusable components (eg. Bundles)
and other software items that link with the original or modified
versions of the vhf software. These items, when distributed in
machine-executable form, have the following restrictions:
a. You must ensure that all recipients of the machine-executable
forms of these items are also able to receive the complete
source code to the items without any charge beyond the costs of
data transfer.
b. You must explicitly license all recipients of your items to use
and re-distribute original and modified versions of the items
under terms identical to those under which they received the items.
7. The trademarks or software titles 'vhf', 'Cenon' etc. may be used for
promoting software, products or services which use or contain the
vhf software.
The associated names of the authors of the vhf software may not be used
to endorse or promote products or services derived from or linking the
vhf Software without specific prior written permission.
Limitations of Liability
In no event shall the authors of the vhf software or the copyright holder
or their employers be liable for any lost revenue or profits or other
direct, indirect, special, incidental or consequential damages, even if
they have been advised of the possibility of such damages.
No Warranty
The vhf software is provided AS IS with NO WARRANTY OF ANY KIND,
INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
----------------------------------------------------------------------------
Copyright (C) 2003 vhf interservice GmbH service@vhf.de
This file is provided for use with the unix-socket-faq. It is public
domain, and may be copied freely. There is no copyright on it. The
original work was by Vic Metcalfe (vic@brutus.tlug.org), and any
modifications made to that work were made with the understanding that
the finished work would be in the public domain.
If you have found a bug, please pass it on to me at the above address
acknowledging that there will be no copyright on your work.
The most recent version of this file, and the unix-socket-faq can be
found at http://www.interlog.com/~vic/sock-faq/.
VICOMSOFT SOFTWARE LICENSE
Please read this document carefully before installing the
Vicomsoft software. By installing the software you agree
to become contractually bound by the terms of this licence.
DEMONSTRATION SOFTWARE
Demonstration software is provided for evaluation purposes
only, for the period stated on the download site or in
accompanying literature. If not stated then the demonstration
period is 30 days from the time the software is first run.
The enclosed computer program(s) ("Software") is licensed, not
sold, to you by Vicomsoft for use only under the following terms
and Vicomsoft reserves any rights not expressly granted to you.
You own the disk on which any Software is recorded, but Vicomsoft
retains ownership of all copies of the Software itself.
LICENSE.
This License allows you to:
(a) Have the Software installed only on a single
computer at a time. Copies on more than one computer
shall be deemed to be illegal copies and are in
breach of both copyright and this License.
(b) Totally remove a copy from the computer on which it
is installed and install it on an alternative
computer provided once again that the Software shall
not at any time be installed on more than one
computer at any one time.
(c) Execute the Software from a common disk shared by
multiple CPUs provided one authorized copy of the
Software has been licensed from Vicomsoft for each
CPU executing the Software.
(d) Make one copy of the Software in machine readable
form; provided that such copy or the original may
be used solely for backup purposes. The Software is
protected by copyright law. As an express condition
of this License, you must reproduce on the backup
copy the Vicomsoft copyright notice and any other
proprietary legends on the original supplied by
Vicomsoft.
RESTRICTIONS.
(a) You may NOT distribute copies of the Software to others.
(b) The Software contains trade secrets and to protect them
you may NOT decompile, reverse engineer, disassemble
or otherwise reduce the Software to human readable form.
(c) You may NOT modify, adapt, translate, rent, lease, loan,
resell for profit, distribute, network, or create
derivative works based on the Software or any part thereof.
TERMINATION.
This License is effective until terminated. The License will
terminate immediately without notice from Vicomsoft if
you fail to comply with any of its provisions. Upon termination
you must destroy the Software and all copies thereof, and you
may terminate this License at any time by so doing.
WARRANTY DISCLAIMER.
This Software and the accompanying written materials are licensed
"as is". The full text of the warranty is provided in the User
Manual and in no event will Vicomsoft, or its developers,
Directors, Officers, Employees be liable to you for any
consequential, incidental, or indirect damage (including damages
for loss of business profits, business interruption, loss of
business information, and the like) arising out of the use or
inability to use the Software or accompanying written materials
even if Vicomsoft or an authorized Vicomsoft representative has been
advised of the possibility of such damages.
Vicomsoft does not warrant that the Software will function
properly in your particular environment. Vicomsoft's liability
to you for actual damages for any cause whatsoever and regardless of
the form of the action will be limited to the money paid for the
Software that caused the damages.
GENERAL.
This License will be construed under the laws of England.
VIEWFLOW LIBRARY EXCEPTION
Copyright (c) 2017 Mikhail Podgurskiy <kmmbvnr@gmail.com>
This Viewflow Library Exception ("Exception") is an additional
permission under section 7 of the GNU Affero General Public License,
version 3 ("AGPLv3"). It applies to a viewflow library that bears a
notice placed by the copyright holder of the library stating that the
library is governed by AGPLv3 along with this Exception.
1. Grant of Additional Permission.
If you modify the Program or any covered work, without changing its
source code, only by linking or combining some or all bundles of the
Program with separate works covered by AGPL- incompatible license
terms, the licensors of this Program grant you the additional
permission to convey the resulting work.
If you modify the Program, and your modified version becomes subject
to the requirement stated in AGPLv3, section 13, you may satisfy this
requirement by providing access to the Corresponding Source of your
modified version to each user that explicitly requests such
Corresponding Source, no later than 15 days following the date on
which such request was received.
2. No Weakening of Viewflow Copyleft.
The availability of this Exception does not imply any general
presumption that third-party software is unaffected by the copyleft
requirements of the license of Viewflow
VIM LICENSE
I) There are no restrictions on distributing unmodified copies of Vim except
that they must include this license text. You can also distribute
unmodified parts of Vim, likewise unrestricted except that they must
include this license text. You are also allowed to include executables
that you made from the unmodified Vim sources, plus your own usage
examples and Vim scripts.
II) It is allowed to distribute a modified (or extended) version of Vim,
including executables and/or source code, when the following four
conditions are met:
1) This license text must be included unmodified.
2) The modified Vim must be distributed in one of the following five ways:
a) If you make changes to Vim yourself, you must clearly describe in
the distribution how to contact you. When the maintainer asks you
(in any way) for a copy of the modified Vim you distributed, you
must make your changes, including source code, available to the
maintainer without fee. The maintainer reserves the right to
include your changes in the official version of Vim. What the
maintainer will do with your changes and under what license they
will be distributed is negotiable. If there has been no negotiation
then this license, or a later version, also applies to your changes.
The current maintainer is Bram Moolenaar <Bram@vim.org>. If this
changes it will be announced in appropriate places (most likely
vim.sf.net, www.vim.org and/or comp.editors). When it is completely
impossible to contact the maintainer, the obligation to send him
your changes ceases. Once the maintainer has confirmed that he has
received your changes they will not have to be sent again.
b) If you have received a modified Vim that was distributed as
mentioned under a) you are allowed to further distribute it
unmodified, as mentioned at I). If you make additional changes the
text under a) applies to those changes.
c) Provide all the changes, including source code, with every copy of
the modified Vim you distribute. This may be done in the form of a
context diff. You can choose what license to use for new code you
add. The changes and their license must not restrict others from
making their own changes to the official version of Vim.
d) When you have a modified Vim which includes changes as mentioned
under c), you can distribute it without the source code for the
changes if the following three conditions are met:
- The license that applies to the changes permits you to distribute
the changes to the Vim maintainer without fee or restriction, and
permits the Vim maintainer to include the changes in the official
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- You keep the changes for at least three years after last
distributing the corresponding modified Vim. When the maintainer
or someone who you distributed the modified Vim to asks you (in
any way) for the changes within this period, you must make them
available to him.
- You clearly describe in the distribution how to contact you. This
contact information must remain valid for at least three years
after last distributing the corresponding modified Vim, or as long
as possible.
e) When the GNU General Public License (GPL) applies to the changes,
you can distribute the modified Vim under the GNU GPL version 2 or
any later version.
3) A message must be added, at least in the output of the ":version"
command and in the intro screen, such that the user of the modified Vim
is able to see that it was modified. When distributing as mentioned
under 2)e) adding the message is only required for as far as this does
not conflict with the license used for the changes.
4) The contact information as required under 2)a) and 2)d) must not be
removed or changed, except that the person himself can make
corrections.
III) If you distribute a modified version of Vim, you are encouraged to use
the Vim license for your changes and make them available to the
maintainer, including the source code. The preferred way to do this is
by e-mail or by uploading the files to a server and e-mailing the URL.
If the number of changes is small (e.g., a modified Makefile) e-mailing a
context diff will do. The e-mail address to be used is
<maintainer@vim.org>
IV) It is not allowed to remove this license from the distribution of the Vim
sources, parts of it or from a modified version. You may use this
license for previous Vim releases instead of the license that they came
with, at your option.
Note:
- If you are happy with Vim, please express that by reading the rest of this
file and consider helping needy children in Uganda.
- If you want to support further Vim development consider becoming a
|sponsor|. The money goes to Uganda anyway.
- According to Richard Stallman the Vim license is GNU GPL compatible.
A few minor changes have been made since he checked it, but that should not
make a difference.
- If you link Vim with a library that goes under the GNU GPL, this limits
further distribution to the GNU GPL. Also when you didn't actually change
anything in Vim.
- Once a change is included that goes under the GNU GPL, this forces all
further changes to also be made under the GNU GPL or a compatible license.
- If you distribute a modified version of Vim, you can include your name and
contact information with the "--with-modified-by" configure argument or the
MODIFIED_BY define.
MIT (SEI)
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
VINCE includes and/or can make use of certain third party software ("Third
Party Software"). The Third Party Software that is used by VINCE is dependent
upon your system configuration, but typically includes the software identified
in the documentation and/or ReadMe files. By using VINCE, You agree to comply
with any and all relevant Third Party Software terms and conditions contained
in any such Third Party Software or separate license file distributed with
such Third Party Software. The parties who own the Third Party Software
("Third Party Licensors") are intended third party beneficiaries to this
License with respect to the terms applicable to their Third Party Software.
Third Party Software licenses only apply to the Third Party Software and not
any other portion of VINCE or VINCE as a whole.
This material is based upon work funded and supported by the Department of
Homeland Security under Contract No. FA8702-15-D-0002 with Carnegie Mellon
University for the operation of the Software Engineering Institute, a
federally funded research and development center sponsored by the United
States Department of Defense.
The view, opinions, and/or findings contained in this material are those of the author(s) and should not be construed as an official Government position, policy, or decision, unless designated by other documentation.
NO WARRANTY. THIS CARNEGIE MELLON UNIVERSITY AND SOFTWARE ENGINEERING INSTITUTE MATERIAL IS FURNISHED ON AN "AS-IS" BASIS. CARNEGIE MELLON UNIVERSITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY, EXCLUSIVITY, OR RESULTS OBTAINED FROM USE OF THE MATERIAL. CARNEGIE MELLON UNIVERSITY DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT.
[DISTRIBUTION STATEMENT A] This material has been approved for public release and unlimited distribution. Please see Copyright notice for non-US Government use and distribution.
Carnegie Mellon, CERT and CERT Coordination Center are registered in the U.S. Patent and Trademark Office by Carnegie Mellon University.
By attaching this document to the given files (the “work”),
you, the licensee, are hereby granted free usage in both
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work, subject to the licensee inflecting a positive message
unto someone. This includes (but is not limited to):
smiling, being nice, saying “thank you”, assisting other
persons, or any similar actions percolating the given
concept.
The above copyright notice serves as a permissions notice
also, and may optionally be included in copies or portions
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The work is provided “as is”, without warranty or support,
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Permission to use, copy, modify, and distribute this software is freely
granted by Visual Numerics, Inc., provided that the copyright notice above and
the following warranty disclaimer are preserved in human readable form.
Because this software is licenses free of charge, it is provided "AS IS", with
NO WARRANTY. TO THE EXTENT PERMITTED BY LAW, VNI DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VNI WILL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, AND EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
VITA NUOVA LIBERAL SOURCE LICENCE
29 May 2003
IMPORTANT NOTICE - READ CAREFULLY: This Licence Agreement
(``LICENCE'') is a legal agreement between you as an indi-
vidual person or organisation (``YOU'') and Vita Nuova Hold-
ings Limited (``VITA NUOVA'') (having an office at 3 Innova-
tion Close, York Science Park, University Road, York England
YO10 5ZF), for all or any portion of the software product
accompanying this LICENCE, which includes computer software
in binary and source code form, other information and docu-
mentation (``LICENSED SOFTWARE''), where a notice declares
that this LICENCE applies.
By copying (except for the sole purpose of making a backup
copy), using, modifying, or distributing all or part of YOUR
copy of the LICENSED SOFTWARE YOU accept all the terms and
conditions of this LICENCE. Distribution includes allowing
others to use YOUR copy directly or indirectly (eg, over a
computer network).
YOU may cancel this LICENCE without explanation or penalty
by ceasing to copy, use, modify or distribute the LICENSED
SOFTWARE.
Subject to the restrictions and conditions in Clause 2 below
and to third party intellectual property claims YOU MAY for
commercial or non-commercial purposes on a world-wide,
royalty-free, non-exclusive and perpetual basis (subject to
Clause 3):
1.1. make ADAPTATIONS of the LICENSED SOFTWARE in binary or
source code form. ADAPTATIONS means any work (ie
code, document, etc) based on the LICENSED SOFTWARE or
any part of it, for example (i) any work incorporating
the LICENSED SOFTWARE or any part of it, (ii) any work
incorporating any modified form of the LICENSED SOFT-
WARE or any part of it (eg where the LICENSED SOFTWARE
is rewritten in a different computer language or con-
verted to operate on a different type of CPU), or
(iii) any work otherwise covered by any of VITA
NUOVA's or any third party's intellectual property
rights in the LICENSED SOFTWARE.
1.2. use, copy and distribute the LICENSED SOFTWARE and/or
ADAPTATIONS in binary or source code form provided
that each copy of the LICENSED SOFTWARE and ADAPTA-
TIONS shall retain without change a copy of this
LICENCE and all notices related to it and retain all
existing copyright notices in files and directories.
Where non-trivial extracts are taken from the LICENSED
SOFTWARE YOU must ensure the extracts contain appro-
priate copyright notices based on the existing copy-
right notices pertaining to the files and/or directo-
ries from which the extracts were taken including a
reference to this LICENCE.
1.3. choose to offer and to make a charge for support, war-
ranties, indemnity or liability obligations (``Addi-
tional Terms'') provided always that YOU may only
offer such Additional Terms on YOUR own behalf and as
YOUR exclusive responsibility and not on behalf of
VITA NUOVA. If YOU offer Additional Terms YOU must
offer them under an agreement of YOUR own separate
from this one. YOU must obtain YOUR sub-licensees
agreement that any Additional Terms are offered by YOU
alone and YOU hereby agree to indemnify, defend hold
harmless VITA NUOVA its servants and agents for any
liability arising directly or indirectly as a result
of any such Additional Terms.
YOU shall have the right to determine the form and
content of any non-exclusive sub-licence provided that
YOU are in compliance with the terms of this licence
and that YOUR sub-licence does not attempt to limit or
change the recipient's rights in the LICENSED SOFTWARE
and licence conditions from those set forth in this
LICENCE in this Clause 1 and in Clause 2. YOUR right
to grant such sub-licence is always subject to the
terms of this LICENCE with VITA NUOVA. YOU agree that
in the event of any conflict or inconsistency between
any provision of this LICENCE and any sub-licence
granted under this Clause, this LICENCE shall prevail.
All rights not specifically and expressly granted under this
LICENCE are reserved by VITA NUOVA. Notwithstanding Clause
1 above:
2.1. If YOU distribute the LICENSED SOFTWARE or any ADAPTA-
TIONS of it to any other party in any form, with or
without fee, YOU MUST make the complete source code
including any ADAPTATIONS available to that party in
any mutually convenient form and license its use, mod-
ification, copying, and redistribution under terms no
more restrictive than those of Clause 1 and this
Clause 2 of this LICENCE.
2.2. If YOU use the LICENSED SOFTWARE or any ADAPTATIONS of
it as the basis or as supporting software for YOUR
software (``APPLICATION'') and YOU make the APPLICA-
TION available for use by any other party in any form,
with or without fee, YOU MUST make the complete source
code of the APPLICATION available to that party in any
mutually convenient form and license its use, modifi-
cation, copying, and redistribution under terms no
more restrictive than those of Clause 1 and this
Clause 2 of this LICENCE.
3.1. This LICENCE is effective until terminated. Without
prejudice to any other rights, VITA NUOVA has the
option to terminate this LICENCE by written notice if
YOU fail to comply with any term or condition of this
LICENCE. Further, YOU agree upon any termination of
this LICENCE to cease to use it in any manner whatso-
ever.
3.2. All sub-licences of the LICENSED SOFTWARE and any
ADAPTATIONS validly granted to third parties pursuant
to the terms of this LICENCE shall survive any termi-
nation of this LICENCE. Those terms of this LICENCE,
which by their nature survive the termination of this
LICENCE, shall remain in effect beyond any termination
of this LICENCE.
4.1. The LICENSED SOFTWARE is protected by copyright law
and international treaty provisions. YOU acknowledge
that all rights, title and interest (including but
without limitation all intellectual property rights)
in the LICENSED SOFTWARE will remain the exclusive
property of VITA NUOVA or its suppliers, and YOU will
not acquire any rights to the LICENSED SOFTWARE other
than those expressly set out in this LICENCE. VITA
NUOVA and its suppliers reserve all rights not
expressly granted to YOU, and no other licences are
granted or implied.
4.2. Subject to Clause 4.1 above, YOU shall own all rights
title and interest in any intellectual property rights
resulting from YOUR creation of ADAPTATIONS and addi-
tions to the LICENSED SOFTWARE.
5.1. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW
VITA NUOVA PROVIDES THE LICENSED SOFTWARE ON AN ``AS
IS'' BASIS AND DOES NOT WARRANT OR REPRESENT THAT THE
LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNIN-
TERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
LICENSED SOFTWARE WILL BE CORRECTED. THE LICENSED
SOFTWARE MAY CONTAIN IN WHOLE OR IN PART PRE-RELEASE,
UNTESTED OR NOT FULLY TESTED SOFTWARE. YOU EXPRESSLY
AGREE THAT THE USE OF THE LICENSED SOFTWARE OR ANY
PORTION THEREOF IS AT YOUR SOLE AND ENTIRE RISK. THE
LICENSED SOFTWARE IS PROVIDED WITHOUT UPGRADES OR SUP-
PORT OF ANY KIND AND VITA NUOVA AND ITS SUPPLIERS DIS-
CLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE
LICENSED SOFTWARE AND THE ACCOMPANYING WRITTEN MATERI-
ALS.
5.2. NOTHING IN THIS LICENCE LIMITS VITA NUOVA'S LIABILITY
TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY
RESULTING FROM THE NEGLIGENCE OR WILFUL DEFAULT OF
VITA NUOVA.
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL VITA NUOVA OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES OR LOSS WHATSOEVER INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
LOSS OR DAMAGE, AND LOSS OF BUSINESS AND/OR PROFITS,
LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR DATA, OR ANY OTHER FINANCIAL LOSS ARIS-
ING OUT OF THE USE OF OR THE INABILITY TO USE THE
LICENSED SOFTWARE AND/OR ANY ADAPTATIONS, EVEN IF VITA
NUOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. IN ANY CASE, VITA NUOVA'S AND ITS SUPPLIERS'
ENTIRE LIABILITY UNDER THIS LICENCE SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED
SOFTWARE.
7.1. YOU agree that the laws of England shall apply to any
dispute arising from this LICENCE. YOU agree for the
benefit of VITA NUOVA that the Courts of England have
exclusive jurisdiction to hear and decide any suit,
action or proceedings (``Proceedings''), and to settle
any disputes, which may arise out of or in connection
with this LICENCE and, for these purposes YOU irrevo-
cably submit to the jurisdiction of the English
Courts.
7.2. The submission to the jurisdiction of the English
Courts does not limit VITA NUOVA's right to take any
Proceedings in any one or more jurisdictions, nor does
the taking of Proceedings by VITA NUOVA in any one or
more jurisdictions preclude VITA NUOVA taking Proceed-
ings in another jurisdiction if and to the extent per-
mitted by applicable law.
8.1. This is the entire agreement between YOU and VITA
NUOVA which supersedes any prior agreement or under-
standing whether written or oral relating to the sub-
ject matter of this LICENCE.
8.2. YOU will in all YOUR dealings with the LICENSED SOFT-
WARE and any ADAPTATIONS act as an independent con-
tractor. Nothing in this LICENCE will be construed as
creating an agency, partnership, or any other legal
association between YOU and VITA NUOVA and YOU will
not represent that YOU have any authority to assume or
create any obligation express or implied on behalf of
VITA NUOVA.
8.3. A person who is not a party to this LICENCE shall have
no rights pursuant to the Contracts (Rights of Third
Parties) Act 1999 (the ``Act'') to enforce any term of
this LICENCE provided that a person who is the lawful
successor to or permitted assignee of the rights of a
party is considered to be a party to this LICENCE.
Any right or remedy of a third party which exists or
is available apart from the Act is not affected.
8.4. VITA NUOVA may from time to time and at its sole dis-
cretion publish a revised and/or new version of this
LICENCE which shall then govern the licensing of all
copies of LICENSED SOFTWARE supplied by VITA NUOVA
after the posting of such revised or new licence.
Should YOU have any questions regarding this LICENCE
or wish to contact VITA NUOVA for any reason visit our
web site at www.vitanuova.com for contact details.
Unpublished rights reserved under the copyright laws of the United States of
America, other countries and international treaties. Permission to use, copy,
store and modify, the software and its source code is granted. Permission to
integrate into other products, disclose, transmit and distribute the software
in an absolute machine readable format (e.g. HEX file) is also granted. The
source code of the software may not be disclosed, transmitted or distributed
without the written permission of Vitesse. The software and its source code
may only be used in products utilizing the Vitesse switch products.
This copyright notice must appear in any copy, modification, disclosure,
transmission or distribution of the software. Vitesse retains all ownership,
copyright, trade secret and proprietary rights in the software.
THIS SOFTWARE HAS BEEN PROVIDED "AS IS," WITHOUT EXPRESS OR IMPLIED WARRANTY
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE AND NON-INFRINGEMENT.
Distribute freely, except: don't remove my name from the source or documentation
(don't take credit for my work), mark your changes (don't get me blamed for your
possible bugs), don't alter or remove this notice. May be sold if buildable
source is provided to buyer. No warrantee of any kind, express or implied, is
included with this software; use at your own risk, responsibility for damages
(if any) to anyone resulting from the use of this software rests entirely with
the user.
Send bug reports, bug fixes, enhancements, requests, flames, etc., and I'll try
to keep a version up to date. I can be reached as follows:
Paul Vixie
<paul@vix.com>
uunet!decwrl!vixie!paul
Vixie Cron V3.0 December 27, 1993
VNCViewer for iOS END-USER LICENCE AGREEMENT
IMPORTANT INFORMATION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
DOWNLOADING, INSTALLING, AND/OR USING THIS SOFTWARE. BY DOWNLOADING,
INSTALLING AND/OR USING THE SOFTWARE, YOU ACCEPT AND ACKNOWLEDGE THAT YOU
HAVE READ, AND UNDERSTAND, THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT WITH REALVNC LIMITED ("REALVNC"), AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. BY USING ANY UPDATED VERSION OF THE SOFTWARE WHICH
MAY BE MADE AVAILABLE, YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO
SUCH UPDATED SOFTWARE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, STOP NOW AND DO NOT PROCEED TO DOWNLOAD,
INSTALL AND/OR USE THE SOFTWARE.
This Software Agreement ("Agreement") is between You (either an individual or an entity) ("the End
User" or "You") and RealVNC Limited ("RealVNC") only. You acknowledge that this Agreement is a
binding agreement between you and RealVNC only, and not with Apple. You acknowledge that you
are purchasing the license to the Software from RealVNC; Apple is acting as agent for RealVNC in
providing the Software to you; Apple is not a party to the license between you and RealVNC with
respect to the Software. RealVNC, not Apple, is solely responsible for the Software and the content
thereof.
This Agreement authorises You to use the VNC Viewer Software for iOS ("The Software"), which may
be delivered to You by electronic mail, physical means, such as CD-ROM or memory stick,
downloaded from an authorised online reseller’s Web pages or Servers or from other sources under
the terms and conditions set forth below together with any licence key for such Software. This is an
agreement on end-user rights and not an agreement for sale. RealVNC continues to own the copy of
the Software and the physical media and any other copy that You are authorised to make pursuant to
this Agreement.
1. INTELLECTUAL PROPERTY RIGHTS
1.1 The Software, its structure, organisation and algorithms are valuable trade secrets and
confidential information and are protected by copyright and other intellectual property laws, and all
intellectual property rights in them belong to RealVNC Limited ("RealVNC"), or are licensed to it. You
must not copy the Software, except as set forth in clause 2 (Permitted End-User Rights and
Limitations on Use). Any copies which You are permitted to make pursuant to this Agreement must
contain the same copyright and other proprietary notices that appear on the Software.
1.2 RealVNC and You acknowledge that, in the event of any third party claim that the Software or
your possession and use of the Software infringes that third party’s intellectual property rights,
RealVNC, and not Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim subject to Clause 5.
2. PERMITTED END-USER RIGHTS AND LIMITATIONS ON USE
2.1 During the term of this Agreement and as long as you comply with the terms of this Agreement
RealVNC hereby grants You the non-exclusive, non-transferable end-user rights to install and use
one copy of the Software solely and exclusively for your use on any Apple iPhone, iPad or iPod touch
that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of
Service.
2.2 You may not reproduce, publish, transmit, modify, reverse engineer, reverse compile,
disassemble, or otherwise attempt to discover the source code of the Software (except to the extent
that this restriction is expressly prohibited by law) or create derivative works from, or publicly display
the Software or part thereof. Copying or storing or using the Software other than as permitted in
Clause 2.1 is expressly prohibited unless you obtain prior written permission from RealVNC.
You are expressly prohibited from distributing the Software in any format, in whole or in part, for sale,
or for commercial use or for any unlawful purpose. You may not rent, lease or otherwise transfer the
Software or allow it to be copied.
2.3 In the case of any conflict between this Clause 2 and the Usage Rules set forth in the App Store
Terms of Service, the App Store Terms of Service shall take precedence.
3. LIMITED WARRANTY
3.1 RealVNC, and not Apple, is solely responsible for any product warranties, whether express or
implied by law, to the extent not effectively disclaimed. RealVNC warrants to the original licensee that
the Software will perform substantially in accordance with any documentation provided for it for 90
days following first use when used on Host Systems meeting the minimum hardware and software
requirements specified on the RealVNC website.
3.2 This limited Warranty applies only if any problem is reported to RealVNC during the above
warranty period. It is void if the failure of the Software is the result of accident, abuse, misapplication
or inappropriate use of the Software or use with Host Systems not meeting the minimum hardware
and software requirements specified. The developer is RealVNC Limited a UK company based at
Betjeman House, 104 Hills Road, Cambridge, CB2 1LQ, UK. Contactable at, telephone: +44 1223
310400, email support: iphone-support@realvnc.com, where any such questions, complaints or
claims in respect of the Software should be reported.
3.3 In the event of any failure of the Software to conform to the warranty, You may notify Apple, and
Apple will refund the purchase price for the Software to You; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software,
and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be RealVNC’s sole responsibility in accordance with this Agreement.
4. SUPPORT AND MAINTENANCE
RealVNC, and not Apple, is solely responsible for providing any maintenance and support services
with respect to the Software, as specified herein, or as required under applicable law. RealVNC and
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Software.
5. LIMITATION ON LIABILITY
EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO THE EXTENT
PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES ON THE SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR
PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW REALVNC SHALL NOT BE
LIABLE FOR ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL LOSS OR DAMAGES
WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE OF THE
SOFTWARE, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE SOFTWARE
(INCLUDING LOSS OR DAMAGE TO YOUR (OR ANY OTHER PERSON'S) DATA OR COMPUTER
PROGRAMS) EVEN IF REALVNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY
ARISING FROM A PARTY'S NEGLIGENCE OR FROM FRAUDULENT MISREPRESENTATION ON
THE PART OF A PARTY. NOTHING IN THIS AGREEMENT LIMITS RealVNC’S LIABILITY TO YOU
BEYOND WHAT IS PERMITTED BY APPLICABLE LAW.
You acknowledge that RealVNC, and not Apple, are responsible for addressing any claims You or
any third-parties may have relating to the Software or your possession and/or use of that Software,
including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation.
6. EXPORT CONTROL
The United States and other countries control the export of Software and information. You are
responsible for compliance with the laws of your local jurisdiction regarding the import, export or reexport
of the Software, and agree to comply with such restrictions and not to export or re-export the
Software where this is prohibited. By downloading the Software, you are agreeing that you are not a
person or entity to which such export is prohibited. RealVNC is a Limited company registered in
England. You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a "terrorist
supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted
parties.
7. TERM AND TERMINATION
This licence shall continue in force unless and until it is terminated by RealVNC by e-mail notice to
you, if it reasonably believes that you have breached a material term of this Agreement. In the case
above, you must delete and destroy all copies of the Software in your possession and control and
overwrite any electronic memory or storage locations containing the Software.
8. GENERAL TERMS
8.1 The construction, validity and performance of this Agreement shall be governed in all respects by
English law, and the Parties agree to submit to the non-exclusive jurisdiction of the English courts.
8.2 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining provisions of this
agreement, which shall remain in full force and effect.
8.3 Despite anything else contained in this Agreement, neither party will be liable for any delay in
performing its obligations under this Agreement if that delay is caused by circumstances beyond its
reasonable control (including, without limitation, any delay caused by an act or omission of the other
party) and the party affected will be entitled to a reasonable extension of time for the performance of
its obligations.
8.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such
term or any other term.
8.5 You may not assign, subcontract, sublicense or otherwise transfer any of your rights or obligations
under this Agreement.
8.6 This Agreement constitutes the entire agreement between You and RealVNC.
8.7 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of
this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple
will have the right (and will be deemed to have accepted the right) to enforce this Agreement against
You as a third party beneficiary thereof.
VNC is a registered trademark of RealVNC Ltd. in the U.S. and in other countries.
Volatility Software License
Version 1.0 dated October 3, 2019.
This license covers the Volatility software, Copyright 2019 Volatility Foundation.
Software
The software referred to in this license includes the software named above, and any data (such as operating system profiles or configuration information), and documentation provided with the software.
Purpose
This license gives you permission to use, share, and build with this software for free, but requires you to share source code for changes, additions, and software that you build with it.
Acceptance
In order to receive this license, you must agree to its rules. The rules of this license are both obligations under that agreement and conditions to your license. You must not do anything with this software that triggers a rule that you cannot or will not follow.
Copyright
Each contributor licenses you to do everything with this software that would otherwise infringe that contributor's copyright in it.
Notices
You must ensure that everyone who gets a copy of any part of this software from you, with or without changes, also gets the text of this license or a link to https://www.volatilityfoundation.org/license/vsl-v1.0. You must not remove any copyright notice in the Software.
Patent
Each contributor licenses you to do everything with this software that would otherwise infringe any patent claims they can license or become able to license.
Reliability
No contributor can revoke this license.
Copyleft
If you make any Additions available to others, such as by providing copies of them or providing access to them over the Internet, you must make them publicly available, according to this paragraph. "Additions" includes changes or additions to the software, and any content or materials, including any training materials, you create that contain any portion of the software. "Additions" also includes any translations or ports of the software. "Additions" also includes any software designed to execute the software and parse its results, such as a wrapper written for the software, but does not include shell or execution menu software designed to execute software generally. When this license requires you to make Additions available:
- You must publish all source code for software under this license, in the preferred form for making changes, through a freely accessible distribution system widely used for similar source code, so the developer and others can find and copy it.
- You must publish all data or content under this license, in a format customarily used to make changes to it, through a freely accessible distribution system, so the developer and others can find and copy it.
- You are responsible to ensure you have rights in Additions necessary to comply with this section.
Contributing
If you contribute (or offer to contribute) any materials to Volatility Foundation for the software, such as by submitting a pull request to the repository for the software or related content run by Volatility Foundation, you agree to contribute them under the under the BSD 2-Clause Plus Patent License (in the case of software) or the Creative Commons Zero Public Domain Dedication (in the case of content), unless you clearly mark them "Not a Contribution."
Trademarks
This license grants you no rights to any trademarks or service marks.
Termination
If you violate any term of this license, your license ends immediately.
No Liability
As far as the law allows, the software comes as is, without any warranty or condition, and no contributor will be liable to anyone for any damages related to this software or this license, under any kind of legal claim.
Versions
Volatility Foundation is the steward of this license and may publish new versions of this license with new version numbers. You may use the software under the version of this license under which you received the software, or, at your choice, any later version.
Volla Licence 1.0
Permission is hereby granted, free of charge, to any person receiving or obtaining a copy
of this software and/or the accompanying respectively associated documentation files
(hereafter the "Software") to use, copy, modify, and/or merge in the Software for personal,
non-commercial use, but not to publish, distribute, sublicense, and/or sell the Software or
a copy of the Software, even in a part.
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE
FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
VOSTROM Public License for Open Source
----------
Copyright (c) 2007 VOSTROM Holdings, Inc.
This VOSTROM Holdings, Inc. (VOSTROM) Distribution (code and documentation)
is made available to the open source community as a public service by VOSTROM.
Contact VOSTROM at license@vostrom.com for information on other licensing
arrangements (e.g. for use in proprietary applications).
Under this license, this Distribution may be modified and the original
version and modified versions may be copied, distributed, publicly displayed
and performed provided that the following conditions are met:
1. Modified versions are distributed with source code and documentation and
with permission for others to use any code and documentation (whether in
original or modified versions) as granted under this license;
2. if modified, the source code, documentation, and user run-time elements
should be clearly labeled by placing an identifier of origin (such as a name,
initial, or other tag) after the version number;
3. users, modifiers, distributors, and others coming into possession or
using the Distribution in original or modified form accept the entire risk
as to the possession, use, and performance of the Distribution;
4. this copyright management information (software identifier and version
number, copyright notice and license) shall be retained in all versions of
the Distribution;
5. VOSTROM may make modifications to the Distribution that are
substantially similar to modified versions of the Distribution, and may
make, use, sell, copy, distribute, publicly display, and perform such
modifications, including making such modifications available under this or
other licenses, without obligation or restriction;
6. modifications incorporating code, libraries, and/or documentation subject
to any other open source license may be made, and the resulting work may be
distributed under the terms of such open source license if required by that
open source license, but doing so will not affect this Distribution, other
modifications made under this license or modifications made under other
VOSTROM licensing arrangements;
7. no permission is granted to distribute, publicly display, or publicly
perform modifications to the Distribution made using proprietary materials
that cannot be released in source format under conditions of this license;
8. the name of VOSTROM may not be used in advertising or publicity
pertaining to Distribution of the software without specific, prior written
permission.
This software is made available "as is", and
VOSTROM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS
SOFTWARE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL
VOSTROM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Vtiger Public License (VPL 1.1)
1. Definitions.
1.0. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1.The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Vtiger may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Vtiger. No one other than Vtiger has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''Vtiger'or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Vtiger Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Indian laws (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in India, any litigation relating to this License shall be subject to the jurisdiction of the Courts in Chennai, with venue lying in Tamil Nadu State, India, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as “Multiple-Licensed”. “Multiple-Licensed” means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - Vtiger Public License.
"The contents of this file are subject to the Vtiger Public License (the "License"); you may not use this file except in compliance with the License."
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is Vtiger.
The Initial Developer of the Original Code is Vtiger. Portions created by Vtiger are Copyright (C) www.vtiger.com. All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
EXHIBIT B - Vtiger CRM and Logo
This License does not grant any rights to use the trademarks "Vtiger" and "Vtiger CRM" and "Vtiger" logos even if such marks are included in the Original Code or Modifications.
Vtiger Public License 1.2 (VPL 1.2)
1. Definitions.
1.0 "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1.The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b)Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c)Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
vtiger may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by vtiger. No one other than vtiger has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "vtiger'or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the vtiger Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Indian laws (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in India, any litigation relating to this License shall be subject to the jurisdiction of the Courts in Chennai, with venue lying in Tamil Nadu State, India, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as ^Multiple-Licensed^. ^Multiple-Licensed^ means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -vtiger Public License.
"The contents of this file are subject to the vtiger Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License."
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is vtiger Outlook Plug-in.
The Initial Developer of the Original Code is vtiger. Portions created by vtiger are Copyright (C) www.vtiger.com. All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
EXHIBIT B - Vtiger CRM and Logo
This License does not grant any rights to use the trademarks "Vtiger" and "Vtiger CRM" and "Vtiger" logos even if such marks are included in the Original Code or Modifications.
VS10x Code Map - LIMITED PRODUCT WARRANTY
Please read the below terms. Continuing with the installation of VS10x Code Map
will indicate your acceptance.
Michael Kiss [AxTools] provides VS10x Code Map and licenses its use to you. You
are responsible for selecting VS10x Code Map to achieve your intended results
and for the installation, use and results obtained from VS10x Code Map.
VS10x Code Map, including its code, documentation, appearance, structure and
organization, is a proprietary product of Michael Kiss [AxTools] and is
protected by the law. Title to VS10x Code Map, or any copy, modification or
merged portion of VS10x Code Map, shall at all times remain with Michael Kiss
[AxTools].
Limited Warranty
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, VS10x Code Map IS LICENSED
AND PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY KIND OF WARRANTY, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Michael Kiss [AxTools] warrants that VS10x Code Map will substantially perform
the functions or generally conform to VS10x Code Map's specifications as
published by Michael Kiss [AxTools]. Michael Kiss [AxTools] does not warrant
that the functions contained in VS10x Code Map will meet your requirements or
that the operation of VS10x Code Map will be entirely error free or appear
precisely as described in the VS10x Code Map documentation.
Remedies and Liabilities
In no event will Michael Kiss [AxTools] be liable for any damages, including
lost profits, lost savings, or other direct, indirect, incidental or
consequential damages, arising out of the use or inability to use VS10x Code
Map, even if Michael Kiss [AxTools] or a dealer authorized by Michael Kiss
[AxTools] had been advised of the possibility of such damages.
vsftpd is licensed under version 2 of the GNU GPL.
As copyright holder, I give permission for vsftpd to be linked to the OpenSSL
libraries. This includes permission for vsftpd binaries to be distributed
linked against the OpenSSL libraries. All other obligations under the GPL v2
remain intact.
Vovida Software License v. 1.0
This license applies to all software incorporated in the "Vovida
Open Communication Application Library" except for those portions
incorporating third party software specifically identified as being
licensed under separate license.
The Vovida Software License, Version 1.0
Copyright (c) 2000 Vovida Networks, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The names "VOCAL", "Vovida Open Communication Application Library",
and "Vovida Open Communication Application Library (VOCAL)" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact vocal@vovida.org.
4. Products derived from this software may not be called "VOCAL", nor
may "VOCAL" appear in their name, without prior written
permission.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL VOVIDA
NETWORKS, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DAMAGES
IN EXCESS OF $1,000, NOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
This software consists of voluntary contributions made by Vovida
Networks, Inc. and many individuals on behalf of Vovida Networks,
Inc. For more information on Vovida Networks, Inc., please see
http://www.vovida.org.
All third party licenses and copyright notices and other required
legends also need to be complied with as well.
Vuforia SDK License Agreement
QUALCOMM AUSTRIA RESEARCH CENTER GMBH LICENSE AGREEMENT FOR VUFORIA™ SOFTWARE DEVELOPMENT KIT
THIS LICENSE AGREEMENT FOR VUFORIA SOFTWARE DEVELOPMENT KIT (THIS "AGREEMENT" or THIS "Agreement") IS A LEGALLY BINDING AGREEMENT BETWEEN QUALCOMM AUSTRIA RESEARCH CENTER GMBH ("QUALCOMM Austria") AND THE LEGAL ENTITY YOU REPRESENT ("YOU" OR "You"). If you USE OR are seeking to use the Software in connection with any work or undertaking you are doing for a business, company or corporate entity ("Company"), whether as an employee or contractor, the terms "You" and "You" include, and the terms and conditions hereof are binding on, both you as an individual as well as such Company. In Addition, you represent and warrant that you have the authority to bind such Company, and that such Company has authorized you to accept the terms of this Agreement on its behalf.
QUALCOMM AUSTRIA IS WILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION DESCRIBED IN THE LIST BELOW (THE "SOFTWARE" OR THE "Software") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU ACKNOWLEDGE AND AGREE, THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, QUALCOMM AUSTRIA IS UNWILLING TO AND DOES NOT AND WILL NOT LICENSE THE SOFTWARE OR PROVIDE THE DOCUMENTATION TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT COMMENCE ANY INSTALLATION PROCESS AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE SOFTWARE OR DOCUMENTATION, EVEN IF YOU HAVE IN ANY MANNER COME INTO POSSESSION THEREOF. ANY USE OR POSSESSION OF THE SOFTWARE AND/OR DOCUMENTATION BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. LICENSE GRANT.
1.1 License to Software other than Sample Code. As more particularly described in the documentation that is provided on the Vuforia-related developer web site for the Software (the "Documentation"), the Software is intended for use as a development tool to enable the development and testing of visual recognition end-user software applications (the "Permitted Use"). Subject to and conditioned upon compliance with the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, QUALCOMM Austria hereby grants to You a personal, non-exclusive, non-sublicensable (except as expressly provided in Section 1.6 (Limited Sublicense Rights) non-transferable, revocable, limited copyright license, during the term of this Agreement, to (i) download, install and use the Software (other than Sample Code) in machine-readable (i.e. object code) form solely for the Permitted Use, and (ii) distribute in object code only the Vuforia engine binary files and the Vuforia Word Lists that are included in the Software, solely as such binary files are integrated into and used by each software application that You develop for the Permitted Use in accordance with the Documentation and the terms of this Agreement. You may not use the Software and may not accept this Agreement if you are a person barred from receiving the Software under the laws of the United States or any other country including the country in which you are resident or in which you use the Software. In addition to any additional software that QUALCOMM Austria provides pursuant to Section 1.8 (Additional Software), the Software licensed hereunder may include the following:
Vuforia Software Development Kit
· Vuforia Engine binary files (redistributable as permitted above);
· Vuforia Word Lists (i.e. .vwl file(s), solely in compiled binary form; redistributable as permitted above);
· Sample Code;
· Sample Content Files (e.g., image and 3D model files); and
· Sample Applications (i.e. .apk file(s), solely in compiled binary form).
· Contents May Vary for Platform Specific Versions
1.2 Documentation. Subject to the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, You may reproduce and use a reasonable number of copies of the Documentation on an internal basis only, and solely in support of Your Permitted Use of the Software. Distribution of the Documentation is prohibited without the express written permission of QUALCOMM Austria.
1.3 Third Party Licenses. The Software may contain third party programs, including but not limited to software licensed under open source terms. The license terms associated with those programs apply to your use of them, and in some instances such programs cannot be used or further distributed without a license from the respective owner of such programs. You shall be solely responsible to (i) obtain, if necessary, a separate and independent license from such owner with respect to any such use and (ii) include all applicable license terms and notices in Your application for third party programs contained in the Software that are distributed as part of Your application. The delivery of the Software does not convey a license, nor imply any rights, to use third party programs. A separate and independent license for such use may be required and You shall be solely responsible to verify whether such license is needed in conjunction with your use of such third party programs.
1.4 License to Sample Code. QUALCOMM Austria may, in its sole discretion, provide certain Sample Code that is part of the Software in human readable (source code) form. In some cases, the Sample Code may be delivered to You separately from the other Software, but whether provided separately or together with the other Software, if (and only if) QUALCOMM Austria provides such Sample Code in source code form to You, then subject to and conditioned upon compliance with the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, QUALCOMM Austria hereby grants to You a personal, non-sublicensable, non-transferable, non-exclusive, revocable, limited copyright license, during the term of this Agreement, solely for the purpose of developing applications utilizing the Vuforia Software Development Kit and/or Vuforia Extension for Unity, to modify the Sample Code, compile into object code the Sample Code and Your modifications thereto, and reproduce and distribute such compiled object code as part of the software applications that You develop, in each case strictly in accordance with the Documentation and the Permitted Use. You acknowledge and agree that Your license to the Sample Code is conditioned upon You modifying the Sample Code such that Your software application contains material additional features and functionality; re-distribution of Sample Code without material improvement is not permitted. You will inform any third parties that are to receive such software applications that contain any Sample Code or Your modifications thereto that the delivery of such software applications will not convey or otherwise provide any rights under patents of QUALCOMM Incorporated or any of its affiliates.
1.5 License to Sample Applications. QUALCOMM Austria may, in its sole discretion, provide certain Sample Applications in binary form for the sole purpose of demonstrating certain features enabled by the Software. In some cases, a Sample Application may be delivered to You separately from the other Software, but whether provided separately or together with the other Software, if (and only if) QUALCOMM Austria provides such Sample Application to You, then subject to the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, QUALCOMM Austria hereby grants to You a personal, non-sublicensable, non-transferable, non-exclusive, revocable, limited copyright license, during the term of this Agreement, to install such Sample Application on a reasonable number of wireless devices, solely for Your internal evaluation of Vuforia features.
1.6 Limited Sublicense Rights. Subject to and conditioned upon compliance with the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, QUALCOMM Austria hereby grants to You a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited copyright license, during the term of this Agreement to sublicense the Vuforia engine binary files, Vuforia Word Lists and/or Sample Code, solely as an integral part of Your software application and solely to licensed recipients of Your software application, subject to the following additional requirements: (a) Your Vuforia-enabled software application(s) must add significant functionality to the Vuforia engine binary files, Sample Code, and Vuforia Word Lists, as applicable, and You shall not distribute the Vuforia engine binary files, Sample Code and/or Vuforia Word Lists except as fully integrated into your application(s), (b) Your sublicense must be no less protective of the Software and the rights and interests of QUALCOMM Austria and its affiliates than are the terms of this Agreement, (c) You shall not make any representations, warranties, or undertake (or attempt to undertake) any obligations on behalf of QUALCOMM Austria or its affiliates, and You shall ensure that QUALCOMM Austria and its affiliates shall have no liability to Your sublicensees.
1.7 Vuforia Target Manager Web Application. Subject to and conditioned upon compliance with the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, QUALCOMM Austria hereby grants to You a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited right during the term of this Agreement to access the on-line Target Manager Web Application provided by QUALCOMM Austria or its affiliates or service provider, solely for the Permitted Use. Any access or use of the Target Manager Web Application shall be subject to this Agreement as well as the terms and conditions of use and privacy policy as posted from time to time on the web page(s) for the application. Notwithstanding the foregoing, QUALCOMM Austria reserves the right to modify, suspend or stop providing the Target Manager Web Application with or without notice, and may terminate Your access to the Target Manager Web Application for any reason.
1.8 Additional Software. QUALCOMM Austria hereby reserves the right to provide or otherwise make available, at its discretion, additional software to You from time to time. Any additional software or documentation that QUALCOMM Austria provides to You by express reference to this Agreement will be considered to be part of the Software or Documentation, as the case may be, and subject to all terms and conditions of this Agreement. By accepting, possessing or using such additional software or documentation, which shall include without limitation any related plug-ins as we may directly or indirectly distribute as well as related web applications used to generate image resources, You agree that the terms of this Agreement will apply thereto.
1.9 Pre-commercial Software Releases. If the Software provided to You under this Agreement is designated by QUALCOMM Austria as a pre-commercial release (indicated by terms such as "alpha," "beta," "trial," "draft" or "evaluation") then in lieu of the licenses granted to You above, but subject to any other executed agreement that You may have for the Software which grants additional or different rights or imposes additional or different restrictions, You shall only have the right under this Agreement to download and install the Software on a reasonable number of workstations for the internal and non-commercial evaluation of the Software. You acknowledge that the Software is a prerelease or experimental version and is not at the level of performance and compatibility of a final product. The Software may not operate correctly and may be substantially modified prior to first commercial shipment, or may be withdrawn completely. You will not do any significant development or testing using the Software, and any development You undertake is at Your sole risk, with the understanding that the Software may never be issued for commercial use. You shall not commercialize, distribute, publicly perform or publicly display any applications developed by You using the Software or any component thereof. If You desire other rights (such as the right to develop commercial products using the Software) You must use a commercial release of the Software. The use license granted in this section expires when the Software is made available under full commercial terms which You accept.
1.10 Bug Reports. You are encouraged to report to QUALCOMM Austria all bugs you experience or encounter with the Software and You agree that QUALCOMM Austria shall have the right to use, without attribution or compensation to You, all feedback (of any nature) which QUALCOMM Austria receives or otherwise obtains from You, in any form, to improve, enhance or modify the Software or otherwise.
2. RESTRICTIONS.
2.1 Retention of Rights. As between You and QUALCOMM Austria, QUALCOMM Austria and its affiliates and licensors hereby retain all right, title, and interests in and to the Software, including without limitation all copyrights, patent rights, trademark rights and all other intellectual property rights therein or related thereto. Subject to ownership rights of QUALCOMM Austria, its affiliates and licensors in and to the Software, You shall retain the copyright rights in and to any modifications to the source code portions of the Software that are made by You as permitted by this Agreement. This Agreement does not convey or otherwise provide to You title or any ownership rights or interests in or to any intellectual property rights of QUALCOMM Austria or any of its affiliates, including but not limited to (1) those incorporated in the Software or any component of the Software, or (2) any patents, patent applications, works of authorship, trade secrets, know-how, ideas, or any other subject matter protectable under intellectual property rights laws of any jurisdiction, of QUALCOMM Incorporated or any of its affiliates (including, but not limited to, QUALCOMM Austria). As between You and QUALCOMM Austria, QUALCOMM Austria is the sole and exclusive owner of and retains all right, title and interest in and to all QUALCOMM Austria software, including, without limitation, the items set forth in (1) and (2) above and all intellectual property rights in each of the foregoing. Any rights not expressly granted to You in this Agreement are reserved by QUALCOMM Austria, its affiliates and their respective licensors. Without limiting the generality of the foregoing, neither the delivery of any Software, hardware, documentation or other materials to You or any third party, nor any other provision of this Agreement (including, without limitation, any rights or licenses granted by QUALCOMM Austria in this Agreement) will be deemed or construed to grant to You or any third party, whether expressly, by implication or by way of estoppel or otherwise, any right or license (and no authority to infringe, or immunity from infringement liability, will be deemed to arise or exist as a matter of law) under (i) any patents of QUALCOMM Incorporated or any of its affiliates, (ii) any intellectual property rights of QUALCOMM Incorporated or its affiliates covering or relating to any product or invention other than the Software, or (iii) any combination of the Software with any other product or invention. Any rights not expressly granted to You herein are hereby reserved by QUALCOMM Austria. In addition, You acknowledge and agree, on behalf of Yourself and Your affiliates, that (a) this Agreement does not modify or abrogate any obligations that You or any of Your affiliates has under any license or other agreement with QUALCOMM Incorporated, including without limitation any obligation to pay any royalties, and (b) neither You nor any of Your affiliates will contend that it has obtained any right, license, or immunity from suit with respect to any patents of QUALCOMM Incorporated or its affiliates under or as a result of this Agreement (whether expressly, impliedly, by virtue of estoppel or exhaustion, or otherwise).
2.2 Use Restrictions. Except as expressly provided in Section 1 (License Grant) above, You may make a single copy the Software only for backup purposes, provided that You reproduce all copyright and other proprietary notices that are on the original copy of the Software. You shall not incorporate, link, distribute or use any third party software or code in conjunction with (i) the Software (ii) any software, products, documentation, content or other materials developed using the Software, nor (iii) any derivative works that You make using the source code portions of the Software (if any), in such a way that: (a) creates, purports to create or has the potential to create, obligations with respect to the Software or other QUALCOMM Austria software, including without limitation the distribution or disclosure of any source code; or (b) grants, purports to grant, or has the potential to grant to any third party any rights to or immunities under any intellectual property rights or proprietary rights of QUALCOMM Austria or its affiliates, including without limitation as such rights exist in or relate to the Software. Without limiting the generality of the foregoing, You shall not incorporate, link, distribute or use (1) the Software or any other software provided by QUALCOMM Austria, (2) any software, products, documentation, content or other materials developed using the Software, nor (3) any derivative works that You make using the source code portions of the Software (if any), with any code or software licensed under any version of the GNU General Public License ("GPL"), Affero General Public License ("AGPL"), Lesser General Public License ("LGPL"), European Union Public License ("EUPL"), Apple Public Source License ("APSL"), Common Development and Distribution License ("CDDL"), IBM Public License ("IPL"), Eclipse Public License ("EPL"), Mozilla Public License ("MPL"), or any other open source license, in any manner that could cause or could be interpreted or asserted to cause the Software or other QUALCOMM Austria software (or any modifications thereto) to become subject to the terms of the GPL, AGPL, LGPL, EUPL, APSL, CDDL, IPL, EPL, MPL, or such other open source license. You, and each party receiving Software or any copies thereof from You, shall not receive any rights to use such Software or copies thereof in a manner that will cause any patents, copyrights or other intellectual property rights which are owned or controlled by QUALCOMM Austria or any of its affiliates (or for which QUALCOMM Austria or any of its affiliates has received license rights) to become subject to any encumbrance or terms and conditions of any third party or open source license (including, without limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical) (each an "Open Source License"). These restrictions, limitations, exclusions and conditions shall apply even if QUALCOMM Austria or any of its affiliates becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. Also, no act by QUALCOMM Austria or any of its affiliates that is undertaken under this Agreement as to any software or technology shall be construed as being inconsistent with the intent not to cause any patents, copyrights or other intellectual property rights which are owned or controlled by QUALCOMM Austria or any of its affiliates (or for which QUALCOMM Austria or any of its affiliates has received license rights) to become subject to any encumbrance or terms and conditions of any Open Source License.
2.3 Additional Restrictions. You will not: (i) reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code version of the Software, except if and only to the extent expressly permitted by applicable law; (ii) use the Software and/or Documentation or any portion thereof to create or develop any developer tools (including without limitation plug-ins and middleware) or any software other than end-user targeted visual recognition software applications; (iii) make more copies of the Software and/or Documentation than specified in this Agreement or allowed by applicable law, despite this limitation; (iv) transfer or assign this Agreement or any of the rights, duties or obligations hereunder (note however that You may transfer and assign Your software applications that You develop in accordance with the Documentation and the Permitted Use, provided that, You provide a copy of this Agreement and secure the binding agreement of the transferee/assignee that the terms and conditions of this Agreement shall continue to fully apply and bind You as well as the transferee/assignee with respect to such transferred application(s)); (v) except as expressly permitted hereby, rent, lease, loan or otherwise in any manner provide or distribute the Software and/or Documentation or any copy of thereof to any third party; (vi) access or use for any purpose any application protocol interface (API) such as the Vuforia APIs, except as expressly described in the Documentation; or (vii) except as expressly permitted under Section 1 (License Grant), reproduce, distribute, publicly perform, publicly display or create derivative works of or based on the Software and/or Documentation, or disclose, provide or otherwise transfer, in any manner, to any third party the Software (except as expressly permitted for the Sample Code), Documentation or any portion thereof. Any applications You develop with or in connection with the Software that include visual recognition functionality must utilize output from Vuforia tools for the purpose of generating appropriate resources for image and 3D object detection, recognition and tracking, and You agree to not use any tools or methods other than the Vuforia Target Manager Web Application for the purpose of generating targets for image and 3D object recognition and tracking for use with such applications. Any end user software applications that you create or develop using the Software shall not access any third party service for the purpose of image recognition, other than the Vuforia image recognition service made available by QUALCOMM Austria’s affiliates under separate agreement (e.g. the Vuforia Cloud Recognition Service). You will not include in your applications or Target Images (as defined below) (x) any content or materials of any kind (text, graphics, images, photographs, video, sounds, etc.) that comprise, constitute or depict profanity, nudity, pornographic images or explicit sexual themes, or defamatory or libelous statements, material that infringes the intellectual property of any person or entity, material that infringes upon the privacy or data protection rights of any person, or material that is or could be considered to be illegal or objectionable, (y) any malware malicious or harmful code, program or other internal component (e.g., computer viruses, Trojan horses, "backdoors" etc. that could damage, destroy or adversely affect other software, firmware, hardware, data, systems, services or networks, or (z) any facial recognition functionality or facial images. You shall not use the Software and/or Documentation to create or develop any software application that invades, violates or infringes the copyrights, patent rights, trade secrets, trademark or service mark rights, privacy, publicity, or any other rights of any person or entity, and shall not constitute a libel or defamation of any third party. In addition, You agree not to design or develop any software application that you create or develop based on the use of the Software in a manner so as to, or with the objective to, damage any wireless device, computer, network, or any feature or function of a wireless device, computer or network based on the use of such application. You represent and warrant that you have obtained all necessary permission and licenses from all holders of intellectual property rights, if any, in material or code appearing, used or recorded in any software application that you create or develop with the Software and/or Documentation. The license to the Software and Documentation granted to You hereunder is solely for the Permitted Use expressly set forth in Section 1 (License Grant) and the Software and Documentation shall not be used for any other purpose or use.
2.4 Additional Services and Functions. No fees are due under this Agreement for the development, commercialization and distribution of Your visual recognition-capable end-user software applications. You acknowledge that certain optional services may be provided by QUALCOMM Austria’s affiliates and/or service providers, and access to such services are licensed separately and may include separate charges for use. For example, applications that make use of the Vuforia Cloud Recognition Service require a separate service agreement with Qualcomm Technologies, Inc. or one of its affiliates, under which agreement fees may apply.
3. CONFIDENTIALITY; NO SUPPORT. You hereby acknowledge and agree that the Software (excepting the Sample Code), along with certain Documentation and related information that are so marked, are confidential and proprietary to QUALCOMM Austria. Except as expressly permitted in this Agreement, You shall not disclose, or permit the disclosure of, the Software and/or confidential Documentation in any form or any information relating to the Software and/or Documentation (including without limitation the results of use or testing) to any third party without QUALCOMM Austria’s prior written permission; provided that, you may otherwise generally make mention of and discuss the Software with others. Notwithstanding the foregoing, You shall not discuss or otherwise disclose any information about a pre-commercial release of the Software including without limitation any application You have developed using a pre-commercial release of the Software. You further acknowledge and agree that any unauthorized use or disclosure of the Software, confidential Documentation and/or such information may cause irreparable harm and significant injury to QUALCOMM Austria that would be difficult to ascertain or quantify; accordingly You agree that QUALCOMM Austria shall have the right to seek and obtain injunctive or other equitable relief to enforce the terms of this Agreement and without limiting any other rights or remedies that QUALCOMM Austria may have. Also, You acknowledge and agree that the Software and Documentation is provided "AS IS," that QUALCOMM Austria is under no obligation to provide any form of technical support for the Software and/or Documentation, and that if QUALCOMM Austria, in its sole discretion, chooses to provide any form of support or information relating to the Software and/or Documentation, such support and information shall be deemed confidential and proprietary to QUALCOMM Austria and protected in accordance with this Section 3 unless otherwise specified in writing.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, QUALCOMM AUSTRIA AND ITS AFFILIATES AND LICENSOR(S) (FOR THE EASE OF REFERENCE IN SECTIONS 4, 5, AND 6, QUALCOMM AUSTRIA AND ITS AFFILIATES AND LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS QUALCOMM AUSTRIA) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUALCOMM AUSTRIA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE OR ANY SERVICE ENABLED BY THE USE OF THE SOFTWARE WILL ALWAYS BE AVAILABLE, OR THAT DEFECTS IN THE SOFTWARE OR DOCUMENTATION WILL BE CORRECTED. FURTHERMORE, QUALCOMM AUSTRIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM AUSTRIA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL QUALCOMM AUSTRIA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO USE, THE SOFTWARE AND/OR DOCUMENTATION, EVEN IF QUALCOMM AUSTRIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. QUALCOMM AUSTRIA HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS UNDER THIS AGREEMENT. IN NO EVENT SHALL QUALCOMM AUSTRIA’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED EURO (€100) OR THE EQUIVALENT THEREOF IN ANY OTHER CURRENCY.
6. INDEMNITY. If an application is written by You using any component of the Software and such application is used, distributed, or otherwise deployed, then You agree to indemnify and hold QUALCOMM Austria, its affiliates and each of their respective officers, directors, employees and successors and assigns (each, a "QUALCOMM Austria Indemnitee") harmless from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each QUALCOMM Austria Indemnitee (including but not limited to costs of defense, investigation and reasonable attorney’s fees) arising out of, resulting from or related to (i) any use, reproduction or distribution of the Software, as modified or integrated by You, or any Target Image (as defined below), which causes an infringement of any patent, copyright, trademark, trade secret, or other intellectual property, publicity or privacy right of any third parties arising in any jurisdiction anywhere in the world, except and solely to the extent such infringement is caused by the unmodified Software, or portions thereof, as supplied to You by QUALCOMM Austria under this Agreement, (ii) the download, distribution, installation, storage, execution, use or transfer of such software, products, documentation, content, materials or derivative works by any person or entity, and/or (iii) any breach of this Agreement by You. If and as requested by QUALCOMM Austria, You agree to defend each QUALCOMM Austria Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the foregoing.
7. CONSENT TO COLLECTION AND USE OF DATA.
a. Vuforia Web Services: You understand and agree that certain versions of the Software may allow You to store digital images ("Target Images") on servers located in the United States and in other countries (the "Target Manager Web Application"). You also understand and agree that the Software may allow You to retrieve database file(s) containing Target Images from such servers as part of the Vuforia Target Manager Web Application. You hereby acknowledge and accept that the servers may be owned, managed or controlled by QUALCOMM Austria, or one of its affiliates or service providers, and You agree that QUALCOMM Austria and its affiliates and service providers may use, modify, reproduce and distribute the Target Images to provide the Target Manager Web Application and improve the Software and our products, services and technologies without attribution or compensation.
b. Collection and Use of Statistics: You understand and agree that the Software sends to QUALCOMM Austria and/or its affiliates and service providers certain technical and related information, including but not limited to: (i) information about the end users’ devices such as make, model, operating system name and version and kernel version, (ii) information about our Software used to create Your software application such as the SDK version and device profile, (iii) information about Your software application and its use such as application runtime timestamp, settings (e.g., camera resolution settings, configuration settings), start and stop dates and times, camera on/off events, target image obtained/lost events, and other general usage information, and (iv) the IP address used by the end user’s device, for the purpose of allowing the Vuforia servers to infer the country of use (but not the exact location) (collectively "Statistics"). You further understand and agree that QUALCOMM Austria and/or its affiliates may collect and use Statistics to: (a) improve and optimize Software for different hardware and software requirements on various consumer devices (commonly referred to as device fragmentation), (b) facilitate the provision of new products, updates, enhancements and other services, (c) improve the Software and our products, services and technologies and (d) provide new products, services or technologies to You and/or our customers.
8. MANDATORY END-USER LICENSE AGREEMENT CLAUSE. Each end user of a Vuforia-enabled software application must agree to the end user terms set forth in this Section 8. If You are licensing Your application(s) directly to end users, then You must include the following terms in Your end user license agreement for each of Your Vuforia-enabled applications. If You are developing Your application(s) for a third party where such third party will, directly or indirectly, license the application(s) to end users, then You must require such third party to include the following terms in the applicable end user license agreement. In all cases, each such end user license agreement must contain legally enforceable provisions whereby:
(i) each end user consents to the collection, storage, and use by QUALCOMM Austria and its affiliates and service providers of Statistics from the Software and the transfer of Statistics between QUALCOMM Austria and its affiliates and service providers (which may be in the United States or in other countries), in each case for the purposes of (a) facilitating the provision of new products, updates, enhancements and other services, (b) improving the Software, and other products, services and technologies, and (c) providing new products, services or technologies to You and customers of QUALCOMM Austria and its affiliates; and
(ii) each end user is advised of the hazards of using a camera based application while driving, walking, or otherwise by being distracted or disoriented from real world situations; and
(iii) if Your Vuforia-enabled software application uses any portion of other services provided by QUALCOMM Austria’s affiliates, (e.g. Cloud Recognition Services available only under separate agreement), You acknowledge that additional end-user terms and conditions will be required to be obtained from each end user as more particularly described in the separate agreement for the Cloud Recognition Service.
9. TERM AND TERMINATION. This Agreement shall be effective upon acceptance by You and shall continue until terminated. You may terminate the Agreement at any time by deleting and destroying all copies of the Software and all related information in Your possession or control, provided that you also inform QUALCOMM Austria in writing at that time of such termination. This Agreement terminates immediately and automatically, with or without notice, if You fail to comply with any provision hereof. Additionally, QUALCOMM Austria may at any time terminate this Agreement, either with or without cause, upon notice to You. Upon termination You must delete or destroy all copies of the Software and Documentation in Your possession, and the license and other rights granted to You in this Agreement shall terminate. Sections 2 through 16 shall survive the termination of this Agreement.
10. EXPORT COMPLIANCE ASSURANCES. You acknowledge that all hardware, software, source code and technology (collectively, "Products") obtained from QUALCOMM Austria are subject to the US government export control and economic sanctions laws, including the Export Administration Regulations ("EAR", 15 CFR 730 et seq., http://www.bis.doc.gov/ ) administered by the Department of Commerce, Bureau of Industry and Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq., http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of Treasury, Office of Foreign Assets Control ("OFAC"). You assure that You, Your subsidiaries and affiliates will not directly or indirectly export, re-export, transfer or release (collectively, "export") any Products or direct product thereof to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation. The US government maintains embargoes and sanctions against the countries listed in Country Groups E:1/2 of the EAR (Supplement 1 to part 740), currently Cuba, Iran, North Korea, Sudan and Syria but any amendments to these lists shall apply. You agree not to directly or indirectly employ any Product received from QUALCOMM Austria in missile technology, sensitive nuclear or chemical biological weapons activities, or in any manner knowingly transfer any Product to any party for any such end use. You shall not export Products listed in Supplement 2 to part 744 of the EAR for military end-uses, as defined in part 744.21, to the People’s Republic of China. You shall not transfer any Product to any party listed on any of the denied parties lists or specially designated nationals lists maintained under said regulations without appropriate US government authorization to the extent required by regulation. You acknowledge that other countries may have trade laws pertaining to import, use, export or distribution of Products, and that compliance with same is Your responsibility.
11. GOVERNMENT END USERS. If You are acting on behalf of an agency or instrumentality of the U.S. government, the Software and Documentation, as applicable, are "commercial computer software" and "commercial computer software documentation" developed exclusively at private expense by QUALCOMM Austria. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this Agreement.
12. USE OF NAME AND LOGO. You shall not display or make any use of QUALCOMM Austria’s or its affiliates’ names, marks or logos in connection with your application without the prior written approval of QUALCOMM Austria, except that you may make use of the specific Vuforia logos available for download at https://developer.vuforia.com/resources/dev-guide/branding-guidelines provided such use is in strict accordance with the logo usage guidelines accompanying such logo files, and any additional license terms or conditions provided to you by QUALCOMM Austria or its affiliates. Any use of such logos that does not fully comply with such guidelines is prohibited. QUALCOMM Austria may, at its sole discretion, provide additional promotional and/or marketing opportunities with respect to such of your applications that display the Vuforia name and logo on its splash screen. You agree that QUALCOMM Austria and its affiliates may include Your name (or Company’s name) and the graphical assets, screenshots, logos, trademarks and other digital assets (the "Graphical Assets") that You use with your application or otherwise associate with your application, on QUALCOMM Austria or other Vuforia-related website(s), as part of Vuforia-related marketing materials, and the Vuforia "App Gallery."
13. Demonstration of Your Applications by QUALCOMM Austria. If a software application is written by You or on Your behalf using any component of the Software and such application is made available for download or distribution, then from and as of such date as you submit such application for, or otherwise permit or enable, such download or distribution, You hereby grant QUALCOMM Austria and its affiliates a world-wide, assignable, non-exclusive, fully paid-up and royalty-free, perpetual right and license to use, reproduce, distribute, publicly display and publicly perform, in each case for promotional and/or demonstration purposes, each such application and accompanying documentation and Graphical Assets. Any such use by QUALCOMM Austria or its affiliates under the above terms shall be subject to payment of any applicable standard download, subscription or use fees otherwise generally applicable to the application when accessed by the general public, but otherwise any agreement, terms or conditions for such application shall be superseded by this section, and shall be inapplicable to the promotional and/or demonstration of the application(s) as described above. You may terminate the license you grant in this Section 13 on not less than thirty (30) days’ prior written notice to QUALCOMM Austria, provided that such notice references this Agreement, clearly identifies the affected application(s), and states that You wish to terminate the license granted under this Section 13 with respect to such applications.
14. ENTIRE AGREEMENT; AMENDMENT; LANGUAGE. This Agreement is the entire and exclusive agreement between QUALCOMM Austria and You with respect to the Software and Documentation and supersedes all prior agreements (whether written or oral) and other communications between QUALCOMM Austria and You with respect to the Software and Documentation. Except to the extent that QUALCOMM Austria is expressly precluded by applicable law, QUALCOMM Austria further reserves the right to make changes to this Agreement, including but not limited to as needed to reflect changes in business practices or to reflect changes in or required by law or otherwise, by providing You with reasonable notice of the changes, which notice may be sent in writing or electronically or which may be made by posting notice of such update at developer.vuforia.com/legal/license. You will be responsible for reviewing and becoming familiar with any and all such changes. If You continue to use the Software or Documentation after notice of any changes has been provided or posted, You shall be deemed to have accepted any and all such changes. Otherwise, this Agreement may be modified only by a written amendment executed by both You and QUALCOMM Austria. This Agreement is entered into solely in the English language, and if for any reason any other language version is prepared by any party, it shall be solely for convenience and the English version shall govern and control in all respects. If You are located in the province of Quebec, Canada, the following applies: The parties hereby confirm they have requested this Agreement and all related documents be prepared in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
15. THIRD PARTY RIGHTS. Excepting the terms and rights applicable to QUALCOMM’s Austria’s affiliates as expressly stated herein (which terms and rights such QUALCOMM Austria affiliates shall be entitled to enforce as third party beneficiaries), the Parties agree, and confirm their mutual intention, that neither this Agreement nor any of the terms of this Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999, or otherwise, by any person/entity not a direct party to it. Notwithstanding that any term of this Agreement may be or may become enforceable by a person who is not a party to this Agreement, the terms and conditions of this Agreement may be modified or amended, or this Agreement may be suspended, cancelled, rescinded or terminated by the parties as provided in Section 14 (Entire Agreement; Amendment; Language) without the consent of any such third party.
16. GENERAL. This Agreement is governed and interpreted in accordance with the laws of England and Wales without giving effect to its conflict of laws provisions that would result in the application of the laws of a different state. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. Any claim, lawsuit or proceeding arising out of or related to this Agreement must be brought exclusively in the courts of London, England and You hereby consent to the jurisdiction and venue of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW YOU REPRESENT, WARRANT AND CERTIFY THAT: YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE LEGAL ENTITY YOU REPRESENT; YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT; YOU HAVE THE AUTHORITY TO BIND THE LEGAL ENTITY YOU REPRESENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND YOU AGREE ON BEHALF OF THE LEGAL ENTITY YOU REPRESENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
Rev. 2013-7-29
VVVVVV Source Code License v1.0
-------
Last updated on January 7th, 2020.
This repo contains the source code for VVVVVV, including all level content and text from the game. It does not, however, contain any of the icons, art, graphics or music for the game, which are still under a proprietary license. For personal use, you can find these assets for free in the [Make and Play Edition](https://thelettervsixtim.es/makeandplay/).
If you are interested in distributing work that falls outside the terms in the licence below, or if you are interested in distributing work that includes using any part of VVVVVV not included in this repo then please get in touch - we can discuss granting a licence for that on a case by case basis. The purpose of making the contents of this repo available is for others to learn from, to inspire new work, and to allow the creation of new tools and modifications for VVVVVV.
This software available from here is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any claim, damages or other liability arising from the use or in connection with this software. All materials in the repo, with the exception of the contents of the "third_party" directory, are copyright of Terry Cavanagh © 2010-2020.
Permission is granted to anyone to use this software and to alter it and redistribute it freely, subject to the following restrictions:
- You may not alter or redistribute this software in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. This includes, but is not limited to, selling altered or unaltered versions of this software, or including advertisements of any kind in altered or unaltered versions of this software.
- The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, you are required to include an acknowledgement in the product that this software is the copyright of Terry Cavanagh and is based on the VVVVVV source code.
- Altered source/binary versions must be plainly marked as such, and must not be misrepresented as being the original software.
- You must not distribute any materials from the game which are not included in this repo unless approved by us in writing.
- This notice may not be removed or altered from any source/binary distribution.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of works must retain the original copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the original copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the W3C nor the names of its contributors may be used to endorse or promote products derived from this work without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
W3C Community Contributor License Agreement (CLA)
In order to participate in a Community Group or Business Group, people agree to the following terms upon joining a group; a summary is available.
1. The Purpose and General Terms of this Contributor License Agreement (CLA). This CLA sets forth the terms under which I will participate in and contribute to the development of the Specification, if any, created by the Project. Any other capitalized terms not specifically defined herein have the same meaning as those terms have in the W3C Patent Policy, and if not defined there, in the W3C Process Document. Any source code created by the Project is not subject to this CLA, but rather subject to separate licensing terms for that source code. The W3C Community and Business Group Process governs the operations of the Project. The Community and Business Group Process delegates some rights to the participants of the Project to establish operational agreements. Those operational agreements must not conflict with or modify this Community and Business Group Process, the Community Contributor License Agreement (CLA), or the Final Specification Agreement. Except for the limited definitions specifically referenced herein, this CLA and the Final Specification Agreement, if I sign it, set forth my entire licensing obligations for Specifications created by the Project and supersede all prior negotiations, agreements, understandings, and obligations with respect thereto.
2. Copyrights.
2.1. Copyright Grant. I grant to you a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to me, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and implement any Contribution to the full extent of my copyright interest in the Contribution.
2.2. Attribution. As a condition of the copyright grant, you must include an attribution to the Specification in any derivative work you make based on the Specification. That attribution must include, at minimum, the Specification name and version number.
3. Patents.
3.1. Patent Licensing Commitment. I agree to license my Essential Claims under the W3C CLA RF Licensing Requirements. This requirement includes Essential Claims that I own and any that I have the right to license without obligation of payment or other consideration to an unrelated third party. With the exception of the provisions of Section 5 below, W3C CLA RF Licensing Requirements obligations made concerning the Specification and described in this CLA are binding on me for the life of the patents in question and encumber the patents containing Essential Claims, regardless of changes in participation status or W3C Membership. I also agree to license my Essential Claims under the W3C CLA RF Licensing Requirements in derivative works of the Specification developed by the Project, provided that my Contribution remains intact in those derivative works. However, no additional claims are made Essential Claims in the combination of my Contribution with derivative works of the Specification.
3.2. Optional, Additional Patent Grant. In addition to the provisions of Section 3.1, I may also, at my option, make certain intellectual property rights infringed by implementations of the Specification, including Essential Claims, available by providing those terms via the W3C Web site.
4. No Other Rights. Except as specifically set forth in this CLA, no other express or implied patent, trademark, copyright, or other property rights are granted under this CLA, including by implication, waiver, or estoppel.
5. Limited Opt-Out. I, in my sole discretion, may withdraw my Contribution, for any reason, by providing written notice of that withdrawal no later than 45 days after the date of my Contribution. Notice of withdrawal of a Contribution must be made in writing using the Project’s communications mechanisms for that purpose and must describe the exact material of the particular Contribution being withdrawn. Upon providing that notice, the identified Contribution will be deemed null and void, and, not withstanding anything to the contrary herein, I will not be deemed to have incurred any obligation with respect to that Contribution. In addition, any particular Contribution will be null and void, and I will not incur any obligation as a result of it, if that Contribution is not included in the Specification within 150 days of the date of that Contribution.
6. W3C Community Contributor License Agreement Execution. I acknowledge that the goal of this CLA is to provide coverage for Contributions to the Specification, if any, created by the Project. The Final Specification itself, if any, will be subject to the W3C Community Final Specification Agreement. While I have no legal obligation to execute the W3C Community Final Specification Agreement for any version of the Specification being developed under this CLA, I agree that the selection and terms of the then current W3C Community Final Specification Agreement will not be subject to negotiation.
7. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
8. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this CLA.
9. Transition to W3C Recommendation Track. Specifications developed by the Project may transition to the W3C Recommendation Track. The W3C Team is responsible for notifying me that a Corresponding Working Group has been chartered. I have no obligation to join the Corresponding Working Group. If the Specification developed under the Project transitions to the W3C Recommendation Track, the following terms apply:
9.1. If I join the Corresponding Working Group. If I join the Corresponding Working Group, I will be subject to all W3C rules, obligations, licensing commitments, and policies that govern that Corresponding Working Group.
9.2. If I Do Not Join the Corresponding Working Group.
9.2.1. Licensing Obligations to Resulting Specification. If I do not join the Corresponding Working Group, I agree to offer patent licenses according to the W3C Royalty-Free licensing requirements described in Section 5 of the W3C Patent Policy for my Contributions included in the resulting Recommendation. This licensing commitment may not be revoked but may be modified through the exclusion process defined in Section 4 of the W3C Patent Policy. I am not required to join a Working Group to exclude patents from the W3C Royalty-Free licensing commitment, but must otherwise follow the normal exclusion procedures defined by the W3C Patent Policy. The W3C Team will notify me of any Call for Exclusion in the Corresponding Working Group as set forth in Section 4.5 of the W3C Patent Policy.
9.2.2. No Disclosure Obligation. If I do not join the Corresponding Working Group, I have no patent disclosure obligations outside of those set forth in Section 6 of the W3C Patent Policy.
10. Conflict of Interest. I will disclose significant relationships when those relationships might reasonably be perceived as creating a conflict of interest with my role. I will notify W3C of any change in my affiliation using W3C-provided mechanisms.
11. Representations, Warranties and Disclaimers. I represent and warrant that 1) I am legally entitled to grant the rights and promises set forth in this CLA and 2) I will not intentionally include any third party materials in any Contribution unless those materials are available under terms that do not conflict with this CLA and I identify any such third party materials. IN ALL OTHER RESPECTS MY CONTRIBUTIONS ARE PROVIDED “AS IS.” The entire risk as to implementing or otherwise using the Contribution or the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Contribution or the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS CLA, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Definitions.
12.1. CLA. “CLA” means this Contributor Licensing Agreement.
12.2. Contribution. “Contribution” means any original work of authorship, including any modifications or additions to an existing work, that I intentionally submit for inclusion in the Specification, and which Contribution is actually included in the Specification. For the purposes of this definition, the method by which I “submit” a Contribution means any form of electronic, oral, or written communication for the purpose of discussing and improving the Specification, but excludes any such communication that I conspicuously designate in writing as not a Contribution to one or more of the Specifications developed by the Project.
12.3. Corresponding Working Group. “Corresponding Working Group” is a W3C Working Group that is chartered to develop a Recommendation that takes the Specification as an input.
12.4. Essential Claims. “Essential Claims” shall mean all claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by implementation of my Contributions in an implementation of the Specification. A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the normative portions of the Specification. Existence of a non-infringing alternative shall be judged based on the state of the art at the time my Contribution is included in the Specification. The following are expressly excluded from and shall not be deemed to constitute Essential Claims:
12.4.1. any claims other than as set forth above even if contained in the same patent as Essential Claims; and
12.4.2. claims which would be infringed only by:
portions of an implementation that are not specified in the normative portions of the Specification, or
enabling technologies that may be necessary to make or use any product or portion thereof that complies with the Specification and are not themselves expressly set forth in the Specification (e.g., semiconductor manufacturing technology, compiler technology, object-oriented technology, basic operating system technology, and the like); or
the implementation of technology developed elsewhere and merely incorporated by reference in the body of the Specification.
12.4.3. design patents and design registrations.
For purposes of this definition, the normative portions of the Specification shall be deemed to include only architectural and interoperability requirements. Optional features in the RFC 2119 sense are considered normative unless they are specifically identified as informative. Implementation examples or any other material that merely illustrate the requirements of the Specification are informative, rather than normative.
12.5. I, Me, or My. “I,” “me,” or “my” refers to the signatory.
12.6. Project. “Project” means the W3C Community Group or Business Group for which I executed this CLA.
12.7. Specification. “Specification” means any specification developed by the Project, as of the date my Contribution is first included in that specification. W3C shall provide the authoritative mechanisms for the identification of Specifications created by the Project.
12.8. W3C CLA RF Licensing Requirements. Subject to Section 5, with respect to my Contributions to the Specification, “W3C CLA RF Licensing Requirements” license shall mean a non-assignable, non-sublicensable license to make, have made, use, sell, have sold, offer to sell, import, and distribute and dispose of implementations of my Contributions in the Specification that:
12.8.1. shall be available to all, worldwide, whether or not they are W3C Members;
12.8.2. shall extend to all Essential Claims owned or controlled by me;
12.8.3. may be limited to implementations of the Specification, and to what is required by the Specification;
12.8.4. may be conditioned on a grant of a reciprocal RF license (as defined in this policy) to all Essential Claims owned or controlled by the licensee. A reciprocal license may be required to be available to all, and a reciprocal license may itself be conditioned on a further reciprocal license from all.
12.8.5. may not be conditioned on payment of royalties, fees or other consideration;
12.8.6. may be suspended with respect to any licensee when licensor issued by licensee for infringement of claims essential to implement the Specification or any W3C Recommendation;
12.8.7. may not impose any further conditions or restrictions on the use of any technology, intellectual property rights, or other restrictions on behavior of the licensee, but may include reasonable, customary terms relating to operation or maintenance of the license relationship such as the following: choice of law and dispute resolution;
12.8.8. shall not be considered accepted by an implementer who manifests an intent not to accept the terms of the W3C CLA RF Licensing Requirements license as offered by the licensor.
12.8.9. The RF license conforming to the requirements in this policy shall be made available by the licensor as long as the Specification is in effect. The term of such license shall be for the life of the patents in question.
I am encouraged to provide a contact from which licensing information can be obtained and other relevant licensing information. Any such information will be made publicly available.
12.9. You or Your. “You,” “you,” or “your” means any person or entity who exercises copyright or patent rights granted under this CLA, and any person or entity that person or entity controls.
W3C Community Final Specification Agreement
To secure commitments from participants for the full text of a Community or Business Group Report, the group may call for voluntary commitments to the following terms; a "summary" is available. See also the related "W3C Community Contributor License Agreement".
1. The Purpose of this Agreement.
This Agreement sets forth the terms under which I make certain copyright and patent rights available to you for your implementation of the Specification.
Any other capitalized terms not specifically defined herein have the same meaning as those terms have in the "W3C Patent Policy", and if not defined there, in the "W3C Process Document".
2. Copyrights.
2.1. Copyright Grant. I grant to you a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to me, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and implement the Specification to the full extent of my copyright interest in the Specification.
2.2. Attribution. As a condition of the copyright grant, you must include an attribution to the Specification in any derivative work you make based on the Specification. That attribution must include, at minimum, the Specification name and version number.
3. Patents.
3.1. Patent Licensing Commitment. I agree to license my Essential Claims under the W3C Community RF Licensing Requirements. This requirement includes Essential Claims that I own and any that I have the right to license without obligation of payment or other consideration to an unrelated third party. W3C Community RF Licensing Requirements obligations made concerning the Specification and described in this policy are binding on me for the life of the patents in question and encumber the patents containing Essential Claims, regardless of changes in participation status or W3C Membership. I also agree to license my Essential Claims under the W3C Community RF Licensing Requirements in derivative works of the Specification so long as all normative portions of the Specification are maintained and that this licensing commitment does not extend to any portion of the derivative work that was not included in the Specification.
3.2. Optional, Additional Patent Grant. In addition to the provisions of Section 3.1, I may also, at my option, make certain intellectual property rights infringed by implementations of the Specification, including Essential Claims, available by providing those terms via the W3C Web site.
4. No Other Rights. Except as specifically set forth in this Agreement, no other express or implied patent, trademark, copyright, or other property rights are granted under this Agreement, including by implication, waiver, or estoppel.
5. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
6. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this Agreement.
7. Transition to W3C Recommendation Track. The Specification developed by the Project may transition to the W3C Recommendation Track. The W3C Team is responsible for notifying me that a Corresponding Working Group has been chartered. I have no obligation to join the Corresponding Working Group. If the Specification developed by the Project transitions to the W3C Recommendation Track, the following terms apply:
7.1. If I join the Corresponding Working Group. If I join the Corresponding Working Group, I will be subject to all W3C rules, obligations, licensing commitments, and policies that govern that Corresponding Working Group.
7.2. If I Do Not Join the Corresponding Working Group.
7.2.1. Licensing Obligations to Resulting Specification. If I do not join the Corresponding Working Group, I agree to offer patent licenses according to the W3C Royalty-Free licensing requirements described in Section 5 of the W3C Patent Policy for the portions of the Specification included in the resulting Recommendation. This licensing commitment does not extend to any portion of an implementation of the Recommendation that was not included in the Specification. This licensing commitment may not be revoked but may be modified through the exclusion process defined in Section 4 of the W3C Patent Policy. I am not required to join the Corresponding Working Group to exclude patents from the W3C Royalty-Free licensing commitment, but must otherwise follow the normal exclusion procedures defined by the W3C Patent Policy. The W3C Team will notify me of any Call for Exclusion in the Corresponding Working Group as set forth in Section 4.5 of the W3C Patent Policy.
7.2.2. No Disclosure Obligation. If I do not join the Corresponding Working Group, I have no patent disclosure obligations outside of those set forth in Section 6 of the W3C Patent Policy.
8. Conflict of Interest. I will disclose significant relationships when those relationships might reasonably be perceived as creating a conflict of interest with my role. I will notify W3C of any change in my affiliation using W3C-provided mechanisms.
9. Representations, Warranties and Disclaimers. I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED “AS IS.” The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this Agreement requires me to undertake a patent search.
10. Definitions.
10.1. Agreement. “Agreement” means this W3C Community Final Specification Agreement.
10.2. Corresponding Working Group. “Corresponding Working Group” is a W3C Working Group that is chartered to develop a Recommendation, as defined in the W3C Process Document, that takes the Specification as an input.
10.3. Essential Claims. “Essential Claims” shall mean all claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by implementation of the Specification. A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the normative portions of the Specification. Existence of a non-infringing alternative shall be judged based on the state of the art at the time of the publication of the Specification. The following are expressly excluded from and shall not be deemed to constitute Essential Claims:
10.3.1. any claims other than as set forth above even if contained in the same patent as Essential Claims; and
10.3.2. claims which would be infringed only by:
portions of an implementation that are not specified in the normative portions of the Specification, or
enabling technologies that may be necessary to make or use any product or portion thereof that complies with the Specification and are not themselves expressly set forth in the Specification (e.g., semiconductor manufacturing technology, compiler technology, object-oriented technology, basic operating system technology, and the like); or
the implementation of technology developed elsewhere and merely incorporated by reference in the body of the Specification.
10.3.3. design patents and design registrations.
For purposes of this definition, the normative portions of the Specification shall be deemed to include only architectural and interoperability requirements. Optional features in the RFC 2119 sense are considered normative unless they are specifically identified as informative. Implementation examples or any other material that merely illustrate the requirements of the Specification are informative, rather than normative.
10.4. I, Me, or My. “I,” “me,” or “my” refers to the signatory.
10.5 Project. “Project” means the W3C Community Group or Business Group for which I executed this Agreement.
10.6. Specification. “Specification” means the Specification identified by the Project as the target of this agreement in a call for Final Specification Commitments. W3C shall provide the authoritative mechanisms for the identification of this Specification.
10.7. W3C Community RF Licensing Requirements. “W3C Community RF Licensing Requirements” license shall mean a non-assignable, non-sublicensable license to make, have made, use, sell, have sold, offer to sell, import, and distribute and dispose of implementations of the Specification that:
10.7.1. shall be available to all, worldwide, whether or not they are W3C Members;
10.7.2. shall extend to all Essential Claims owned or controlled by me;
10.7.3. may be limited to implementations of the Specification, and to what is required by the Specification;
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10.7.9. The RF license conforming to the requirements in this policy shall be made available by the licensor as long as the Specification is in effect. The term of such license shall be for the life of the patents in question.
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Notes
This version: http://www.w3.org/Consortium/Legal/2002/copyright-documents-20021231
This formulation of W3C's notice and license became active on December 31 2002.
This version removes the copyright ownership notice such that this license can
be used with materials other than those owned by the W3C, moves information on
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Notes
This version: http://www.w3.org/Consortium/Legal/2002/copyright-software-20021231
This formulation of W3C's notice and license became active on December 31 2002.
This version removes the copyright ownership notice such that this license can
be used with materials other than those owned by the W3C, reflects that ERCIM is
now a host of the W3C, includes references to this specific dated version of the
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W3C Test Suite Licence
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These conditions are to inform users about where they
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If you find the badly designed glyphs, or wrong kanji
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CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES,
OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE ("HIGH RISK ACTIVITIES"). WIDGET WORKSHOP SPECIFICALLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Confidential not for redistribution
=======================================================================
LICENSE
=======================================================================
License is granted only to Wi-Fi Alliance members and designated Wi-Fi
contractors and, unless otherwise expressly authorized in writing by the
Wi-Fi Alliance, is limited for use solely in testing Wi-Fi equipment in
conjunction with a Wi-Fi certification program. This license is not
transferable or sublicensable, and it does not extend to and may not be
used with non-Wi-Fi applications.
Commercial derivative works or applications that use this software are NOT
AUTHORIZED without specific prior written permission from Wi-Fi Alliance.
Non-Commercial derivative works for your own internal use are authorized
and are limited by the same restrictions.
Neither the name of the author nor "Wi-Fi Alliance"
may be used to endorse or promote products that are derived
from or that use this software without specific prior written
permission from Wi-Fi Alliance.
THIS SOFTWARE IS PROVIDED BY WIFI ALLIANCE "AS IS" AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE,
ARE DISCLAIMED. IN NO EVENT SHALL WIFI ALLIANCE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
free for use as long as this comment is included
in the program as it is
Microsoft Windows CE 5.0 Shared Source License Agreement
Microsoft gives you a Windows CE 5.0 Shared Source License Agreement ("License") to use the accompanying Software on the following terms:
You may:
1. Correct errors in Your hardware and software operating on the Windows CE platform.
2. Create derivative works of the Software to debug, improve and optimize Windows CE.
3. Use the Software as a reference to develop Enhancements. "Enhancements" means technologies that enhance or extend the functionality or features of the Windows CE operating system and do not include any of the Software or any derivative work of the Software.
4. Provide system integration and technical support services to Your customers to assist them in their development, testing, or use of hardware and software, as applicable, based on the Windows CE platform.
5. Compile the Software and any derivative works of the Software that You create under the terms of this License and then publicly perform and display that compiled code in operation in Your device in public demonstrations at tradeshows, lectures and similar events.
6. Distribute derivative works of the Software only in object code form as part of Your Windows CE-based embedded product provided that You have signed a standard, royalty-bearing agreement for distribution of Windows CE.
7. Microsoft reserves all rights not expressly granted.
You may not:
1. Use the Software or information derived from the Software for any project related to, or to make any Enhancements or derivative works of the Software for use with, a non-Microsoft operating system or related to a device or piece of hardware based on a non-Microsoft operating system.
2. Use the Software for patent-mining purposes, such as (i) determining if any features, functions or processes provided by the Software are covered by any patents or patent applications or (ii) using the Software as a reference or using specific knowledge of the Software to modify existing patents or patent applications or creating any continuation, continuation in part, or extension of existing patents or patent applications.
In return, we simply require that you agree:
1. Not to remove any copyright notices from the Software.
2. Identify all derivative works of the Software, and Yourself as the author of such derivative works.
3. Provide end-user support for your derivative works.
4. Not to combine or distribute the Software (or any derivative works) with other software that is licensed pursuant to terms that seek to require that the Software (or any intellectual property in it) be licensed to or otherwise shared with others.
5. That if you distribute the Software in source code form, then you do so only under this License (i.e. you must include a complete copy of this License with your distribution), and if you distribute the Software solely in object form you only do so under a license that complies with this License.
6. That if you distribute any derivative works of the Software, you will defend, indemnify and hold Microsoft harmless from any claims, losses or damages arising from any actions brought by a third party against Microsoft to the extent caused by Your acts or omissions in connection with such distribution.
7. That the Software comes "as is", with no warranties. None whatsoever. This means no express, implied or statutory warranty, including without limitation, warranties of merchantability or fitness for a particular purpose or any warranty of non-infringement. Also, you must pass this disclaimer on whenever you distribute this Software.
8. That neither Microsoft, its affiliates, nor its suppliers are liable for any damages, including those types of damages known as indirect, special, consequential, or incidental related to the Software or this License, to the maximum extent the law permits, no matter what legal theory its based on. Also, you must pass this limitation of liability on whenever you distribute the Software.
9. That if you sue anyone over patents that you think may apply to this Software for a person's use of this Software, your license to this Software ends automatically.
10. Not to assert patents owned or licensable by You that claim (i) any inventions in any Enhancements or derivative works You develop using the Software or (ii) any inventions You derive from the Software (collectively, Your Patents) against Microsoft, Microsoft affiliates, and Microsoft Licensees (as defined below), excluding OEM/ODM Licensees (as defined below), for infringement of Your Patents on account of the making, use, sale, offer for sale, importation or other disposition or promotion of any version or portion of Windows CE. If You or Your affiliates choose to assert Your Patents against OEM/ODM Licensees on account of the OEM/ODM Licensees making, use, sale, offer for sale, importation or other disposition or promotion of Windows CE, portion thereof, or a redistributed portion thereof, then You and Your affiliates agree to offer licenses to such OEM/ODM Licensees under commercially reasonable and non-discriminatory terms and pricing.
11. If You assign any of Your Patents or rights to enforce any of Your Patents, You will require that the assignee(s) agree to be bound by this Section. Any such assignment by You not in accordance with this Section will be null and void.
12. "Microsoft Licensee" means any third party that is directly or indirectly licensed by Microsoft to exercise any legal rights with respect to Windows CE or a portion thereof or a redistributed portion thereof, including authorized distributors of Windows CE, users of Windows CE and end users of any redistributed portions of Windows CE. OEM/ODM Licensee means an original equipment/device manufacturer directly or indirectly licensed by Microsoft to use Windows CE or a portion thereof and to distribute a portion of Windows CE as binaries incorporated in that OEM/ODMs embedded system(s).
13. That the patent rights Microsoft is licensing only apply to the Software, not to any derivatives you make.
14. That your rights under this License end automatically if you breach this License in any way.
If you would like to suggest changes, modifications or improvements to the Software, e-mail us.
Wind River LICENSING SUPPORT
Product Activation
Use the Wind River® Product Activation Portal to activate your software and
manage your licenses.
To use the Product Activation Portal, you will need the License Administrator
Essentials sheet that was shipped with your product.
See http://www.windriver.com/licensing/
License for 'jt2_.js' (was 'jt_utils.js'), 'jt_DialogBox' and all
related code: http://www.wingo.com/jt_/
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain this copyright notice and link
to this License, list of conditions and the following disclaimer:
Copyright (c) 2002-2010 Joseph.Oster, wingo.com - All rights reserved.
license: http://www.wingo.com/jt_/jt_license.html
2. Products derived from this software may not use the "wingo.com" name
nor may "wingo.com" appear in their names without prior written
permission of Joseph Oster, wingo.com.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
Joseph Oster, wingo.com OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
Except where specifically noted in the source code, this software consists
solely of contributions made by Joseph Oster, wingo.com
LICENSE AGREEMENT
TASKING Germany GmbH is willing to license the software to you only upon the condition that you accept all of the terms contained in this binary code license agreement. By using the software, you accept these terms. If you do not accept them, do not use the software.
The software is confidential and copyrighted. Title to the software and all associated intellectual property rights is retained by TASKING Germany GmbH and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer the software.
TASKING grants you a non-exclusive license to use the software in the manner and for purposes described in the documentation. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.
RESTRICTED USE
The software is free to use and distribute but must not be resold without permission of TASKING.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TASKING Germany GmbH OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF TASKING Germany GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will TASKING's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
TERMINATION
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the software. This Agreement will terminate immediately without notice from TASKING Germany GmbH if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should the software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
This software is provided 'as-is', without any express or implied warranty. In no event will the author be held liable for any consequences/damages arising from the use of this software.
This program and the accompanied libraries/plugins/artwork are FREEWARE. You can use it for personal, business, educational or any other need of yours, subject to the following restrictions:
1. You may not re-distribute this program without contacting the author and getting his consent. You may not charge any fee or re-distribution fee for it.
2. This notice may not be removed or altered from any distribution.
3. No form of decompilation/reverse engineering/disassembling parts or whole of the software be done.
4. You may not misrepresent the origin of the software/artwork. If you are distributing the package/portions of the package, the files must be clearly indicated that they are part of DebugMode Wink software.
PERPETUAL PROVISIONS APPLICABLE TO
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IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE,
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THE SOFTWARE FOR YOUR (I) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER,
AND/OR (II) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS
("BUSINESS USER"). THE SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS
("ADDRESS"). YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE (1) COMPUTING
DEVICE PER ADDRESS. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING
DEVICE, UNLESS (I) THE ORIGINAL COMPUTING DEVICE FAILS, (II) YOU CONTACT
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MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES). IF YOU
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LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You.
You must lawfully acquire the Software from Us or Our authorized resellers
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and/or download the Software from Our (or Our authorized reseller's) eStore or
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BUSINESS USERS: If You are a business, and You purchased the Software from Us or
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partition, blade, or terminal server ("Virtualization Environment") to run, use
or access the Software by means of Your organization's computing devices
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organization's virtual private network. Use of the Software by Your employees
(and Your organization's subcontractors contractually authorized to act on Your
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using, running, or accessing the Software from Virtualization Environment and
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information. Your use of the Software is suspended until You complete the
activation and/or registration process. The Software may include digital images,
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the Stock Files. We reserve all rights not expressly granted to You in this
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Software that have been acquired, installed and in use on Your computing devices
and will keep the records for two (2) years from the date Your license to use
the Software ends. We may conduct an audit (remotely or at Your facility) of
records and systems from Your business, to verify that Your installation of the
Software conforms with a valid license from Us or Our authorized resellers. We
will not conduct more than one (1) audit per year. If the audit results find
that Your use does not conform to a valid license, then You will immediately
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SUBSCRIPTION PROVISIONS APPLICABLE TO
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WINZIP REGISTRY OPTIMIZER
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WINZIP MALWARE PROTECTOR
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IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED-TIME, PERSONAL, WORLDWIDE,
ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-
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WINZIP REGISTRY OPTIMIZER, WINZIP DRIVER UPDATER, WINZIP MALWARE PROTECTOR,
WINZIP MAC OPTIMIZER OR WINZIP DISK TOOLS. THE SOFTWARE IS LICENSED TO YOU ON A
SUBSCRIPTION BASIS FOR AN INITIAL ONE (1) YEAR PERIOD ("INITIAL TERM") AND WILL
AUTOMATICALLY RENEW FOR ADDITIONAL ONE (1) YEAR PERIODS ("RENEWAL TERM")
(COLLECTIVELY "TERM") UNTIL YOU TERMINATE YOUR SUBSCRIPTION BY NOTIFYING US, VIA
EMAIL AS SET FORTH BELOW, OF YOUR INTENT TO DISCONTINUE YOUR USE OF THE
SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (I)
PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (II) COMMERCIAL
PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). THE
SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). YOU MAY
ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE (1) COMPUTING DEVICE PER ADDRESS.
YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS (I) THE
ORIGINAL COMPUTING DEVICE FAILS, (II) YOU CONTACT CUSTOMER SERVICE
(HELP@WINZIP.COM) REQUESTING OUR APPROVAL (AND WE PROVIDE YOU AUTHORIZATION
CODE) TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND (III) YOU
CERTIFY TO WINZIP THAT YOU HAVE UNINSTALLED THE SOFTWARE FROM THE FAILED
COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF WINZIP SYSTEM UTILITIES SUITE,
WINZIP REGISTRY OPTIMIZER, WINZIP DRIVER UPDATER, WINZIP MALWARE PROTECTOR,
WINZIP MAC OPTIMIZER OR WINZIP DISK TOOLS THAT HAVE MULTIPLE COMPUTING DEVICES
(E.G., STAND-ALONE COMPUTER, LAP-TOP, TABLET AND MINI/PORTABLE PC) MAY NOT
DOWNLOAD AND INSTALL THE SOFTWARE ON MULTIPLE COMPUTING DEVICES. YOU MAY
DOWNLOAD AND INSTALL THE SOFTWARE ON ONLY ONE (1) SYSTEM PER ADDRESS (I.E., THE
SOFTWARE MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES).
BY DOWNLOADING AND INSTALLING WINZIP SYSTEM UTILITIES SUITE, WINZIP REGISTRY
OPTIMIZER, WINZIP DRIVER UPDATER, WINZIP MALWARE PROTECTOR, WINZIP MAC OPTIMIZER
OR WINZIP DISK TOOLS, YOU AGREE THAT WINZIP IS AUTHORIZED TO CHARGE YOUR CREDIT
CARD FOR THE ANNUAL SUBSCRIPTION FEE FOR THE SOFTWARE ON A YEARLY BASIS WITHOUT
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FOR ANY REASON, THE SUBSCRIPTION FEE IS STILL DUE AND OWING TO WINZIP AND YOU
WILL PROMPTLY PROVIDE US WITH ANOTHER CREDIT CARD FOR AUTOMATIC PAYMENT
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TERMINATE YOUR SUBSCRIPTION FIVE (5) BUSINESS DAYS PRIOR TO THE END OF THE
INITIAL TERM OR FIVE (5) BUSINESS DAYS PRIOR TO THE END OF EACH RENEWAL TERM
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A LOCKING CODE WHICH WILL AUTOMATICALLY LOCK AT THE END OF THE TERM AND THAT
WILL PROHIBIT YOU FROM USING THE SOFTWARE UNTIL A NEW REGISTRATION CODE IS
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OF YOUR NEW CREDIT CARD AND PAYMENT OF THE FEE (IN THE EVENT OF A FAILED CREDIT
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LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You.
You must lawfully acquire the Software from Us or Our authorized resellers
otherwise You don't have a right to use the Software. You may only purchase
and/or download the Software from Our (or Our authorized reseller's) eStore or
website that is located in the country in which You hold legal residency. You
agree that if the Software requires mandatory activation or email validation,
You will complete the process providing WinZip with accurate information. Your
use of the Software is suspended until You complete the activation and/or
registration process. The Software may include digital images, stock
photographs, clip art, fonts, sounds or other artistic works ("Stock Files").
The responsibilities and restrictions relating to the Software apply to the
Stock Files. We reserve all rights not expressly granted to You in this EULA.
BUSINESS USERS: If You are a business, You agree to maintain records, systems
and/or procedures that accurately record of the number of copies of the Software
that have been acquired, installed and in use on Your computing devices and will
keep the records for two (2) years from the date Your license to use the
Software ends. We may conduct an audit (remotely or at Your facility) of records
and systems from Your business, to verify that Your installation of the Software
conforms with a valid license from Us or Our authorized resellers. We will not
conduct more than one (1) audit per year. If the audit results find that Your
use does not conform to a valid license, then You will immediately obtain a
valid license or true-up Your licenses for the Software.
PROVISIONS APPLICABLE TO BOTH
SUBSCRIPTION AND PERPETUAL LICENSES
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the
Software under this EULA, You have certain responsibilities. The Software may
include product activation and other technology designed to prevent unauthorized
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the Software (including an Evaluation Version of the Software). If You purchase
the Software as a gift to a third person, the third person must accept the terms
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reengineer, decompile, disassemble, translate, reconstruct, transform, or
extract the Software or any portion of the Software. You may not wrap the
Software or any Software executable (E.G., .EXE, .MSI, .ISO or .DMG or similar
executable now known or later developed) with any third party software add-on or
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the Software, You are responsible for the direct and/or indirect consequences of
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use or modify in creating Your Content, especially in situations where You share
Your Content with family, friends, clients and/or third parties such as members
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file sharing or cloud services sites (e.g., Google Drive, Sky Drive, Dropbox,
box.net, etc.). WinZip can neither monitor nor control what third party social
networking, file sharing, or cloud services sites or the members or users of
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verifying the accuracy and completeness of Your Content (e.g., any technical
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You may not modify or create derivative works based upon the Software. You
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describing what is included in the Update and the purpose of the Update. You
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Software may not perform properly.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States and
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USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of any
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consent to the Software sending usage data (e.g., the number of instances the
Software is launched, the device IP address, and/or the version of the
Software), for registration, authentication, use and anti-piracy auditing and
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PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received with
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and other problems that could cause computer system failures and data loss.
THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS AND
WINZIP DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO YOU OF ANY KIND.
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applicable user documentation, or (ii) You acquired the Software without charge,
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many exact copies of the Software as You wish solely for evaluation purposes and
for no other purpose using the tangible physical media (e.g., compact discs);
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distribution file available at www.winzip.com; (c) You may not distribute the
Software with any other product or wrap the Software or any Software executable
(.EXE, .MSI, .ISO or .DMG or similar executable now known or later developed)
with any third party software add-on or offer; and (d) If You distribute the
Software You may do so by electronic download or email, but not through the use
of bulk mail, spam or unsolicited emails. Except pursuant to a separate express,
written, fully-executed agreement with WinZip, You may not use Our Software for
competitive analysis, or commercial, professional, or other for-profit purposes.
You understand that at the end of the evaluation period, You must either stop
using the Software or pay for the Software to continue using it. If You fail to
pay for it, then Your license terminates. Upon expiration of the evaluation
period, You will immediately discontinue use of the Evaluation Version and
delete and destroy all electronic copies of the Evaluation Version including,
but not limited to, all user documentation that may have been provided as part
of the evaluation from Your computing device and any other computer devices on
which You have installed the Evaluation Version. UNAUTHORIZED USE OF THE
EVALUATION VERSION, USE OF THE EVALUATION VERSION BEFORE OR BEYOND THE
APPLICABLE FIXED TERM, OR ANY ATTEMPT TO DEFEAT ANY TIME-CONTROL DISABLING
FUNCTION IN THE EVALUATION VERSION IS AN UNAUTHORIZED USE CONSTITUTING A
MATERIAL BREACH OF THIS EULA AND APPLICABLE LAW AND WILL AUTOMATICALLY AND
IMMEDIATELY TERMINATE YOUR LICENSE TO USE THE SOFTWARE.
LIMITED AND RESTRICTED WARRANTY (FOR COUNTRIES OTHER THAN THOSE LISTED
SEPARATELY UNDER "ADDITIONAL EULA TERMS"). If You purchased the Software on a
computer disc, then WinZip warrants that the media on which Software is
furnished will be free of defects in materials and workmanship under normal use
for a period of ninety (90) days from the date You purchased the Software. The
Software when properly installed and under normal use will substantially conform
to the features and functionality as set forth in the documentation accompanying
the Software, however, the Software may contain normal bugs and errors.
Therefore, the Software is provided on an "AS IS" basis with the understanding
that bug fixes and Updates will be provided from time to time. This warranty is
valid only for the original purchaser of the Software. IF THE DISC IS DEFECTIVE,
THEN WINZIP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY
WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE
DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the
Software is void if the damage to the disc is a result of accident, abuse or
misapplication. Any replacement Software will be warranted for the remainder of
the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING,
INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WINZIP DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This clause shall not impair
the U.S. Government's right to recover for fraud or crimes arising out of or
related to this EULA under any federal fraud statute, including the False Claims
Act, 31 U.S.C. §§ 3729-3733.
SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as long as You
obtained the Software from WinZip, or a WinZip authorized reseller, WinZip may
remedy substantial defects of the Software at its reasonable discretion by (i)
providing a patch, Update or replacement of the Software, or (ii) asking for
return of the Software and cancelling this EULA. You are entitled to a reduction
of the purchase price or a rescission of this EULA only if WinZip has repeatedly
failed to remedy the defect after a reasonable period of time. If You are a
consumer, Your claims under this clause are time-barred in twenty-four (24)
months; if You are a business, Your claims under this clause are time-barred in
twelve (12) months. If You alter the Software in any way without being
authorized by WinZip, WinZip will not remedy defects caused by such alteration
and You are liable for any damages incurred by WinZip due to Your unauthorized
alteration of the Software. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED
AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used
only for test purposes in testing environments and must not be used for
production purposes. To make a warranty claim You must provide a detailed error
description to WinZip Customer Service (help@winzip.com) or, at WinZip's
request, return the Software along with any return materials authorization
information provided to You by WinZip to Corel Corporation, Attention:
Manufacturing (WinZip), 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada.
For further warranty information, please contact WinZip Customer Service at
help@winzip.com.
NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN "OPEN SOURCE"
MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL
PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE,
MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE
LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). WINZIP
MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER
WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
INDIRECT AND CONSEQUENTIAL DAMAGES (FOR COUNTRIES OTHER THAN THOSE LISTED
SEPARATELY UNDER "ADDITIONAL EULA TERMS"): NO LIABILITY FOR INDIRECT OR
CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM
THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WINZIP OR ITS SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL WINZIP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY
ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS
LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH INSTANCES AND AS LONG AS YOU OBTAINED THE SOFTWARE FROM WINZIP, OR
A WINZIP AUTHORIZED RESELLER, WINZIP MAY BE LIABLE TO YOU (I) WITHOUT LIMITATION
FOR DAMAGES YOU HAVE INCURRED UNDER OR IN CONNECTION WITH THIS EULA ONLY IF THE
DAMAGE HAS BEEN CAUSED BY THE WILLFUL OR GROSSLY NEGLIGENT ACT OF WINZIP; AND
(II) FOR THOSE TYPICAL DAMAGES THAT WERE REASONABLY FORESEEABLE AND WHICH HAVE
BEEN CAUSED BY ANY OTHER NEGLIGENT BREACH OF AN ESSENTIAL CONTRACTUAL DUTY BY
WINZIP. ANY FURTHER LIABILITY OF WINZIP IS EXCLUDED. THESE AFOREMENTIONED
LIMITATIONS APPLY IRRESPECTIVE OF THEIR LEGAL BASIS, IN PARTICULAR WITH REGARD
TO ANY PRE-CONTRACTUAL OR AUXILIARY CONTRACTUAL CLAIMS. These limitations shall
not apply, however, to any mandatory liability under the applicable product
liability laws, nor to any damage which is caused due to the breach of an
express warranty to the extent that such express warranty was intended to
protect consumers against the specific damage incurred, nor to damages due to
loss of life, injury or prejudice to health.
U.S. GOVERNMENT-RESTRICTED RIGHTS. With respect to any acquisition of the
Software by or for any unit or agency of the United States Government (the
"Government"), the Software shall be classified as "commercial computer
software", as that term is defined in the applicable provisions of the Federal
Acquisition Regulation (the "FAR") and supplements thereto, including the
Department of Defense (DoD) FAR Supplement (the "DFARS"). The Software was
developed entirely at private expense, and no part of the Software was first
produced in the performance of a Government contract. If the Software is
supplied for use by DoD, the Software is delivered subject to the terms of this
EULA and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a); or
(ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT
1988), as applicable. If the Software is supplied for use by a Federal agency
other than DoD, the Software is restricted computer software delivered subject
to the terms of this EULA and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii)
FAR 52.227-14 (ALT III), as applicable. The contractor/manufacturer is Corel
Corporation, 1600 Carling Avenue, Ottawa, Ontario, Canada, K1Z 8R7.
EXPORT RESTRICTIONS. If You are located in a country embargoed by the United
States, or You are on the United States Treasury Department's list of Specially
Designated Nationals You may not engage in commercial activities with Us or Our
authorized resellers. You may not download, distribute, export, re-export, or
redistribute the Software, including any WinZip shareware product (i) into, or
to a national or resident of, any country to which the United States has
embargoed goods, or (ii) to anyone on the United States Treasury Department's
list of 'Specially Designated' nationals or the United States Commerce
Department's 'Table of Deny Orders'. By downloading or using the Software, You
are representing and warranting that You are not located in, under the control
of, or a national or resident of any such country or on any such list. Except
pursuant to a separate express, written, fully-executed agreement with WinZip,
You may not purchase a license to use the Software for the purpose of exporting
it to a country other than the original country of sale, nor may You retain the
services of a third party to purchase a license to use the Software if in doing
so You will require such third party to send (via any means, electronic or
otherwise) the Software to You in a country other than the original country of
sale.
GENERAL. If You purchased or downloaded the Software in the United States then
this EULA is governed by the laws of the United States and the State of
California, without reference to conflict of laws principles. Any dispute
between You and WinZip regarding this EULA will be subject to the exclusive
venue of the state and federal courts in the State of California. This EULA
specifically excludes the United Nations Convention on Contracts for the
International Sale of Goods and any legislation implementing such 'Convention',
if otherwise applicable. Except as expressly set forth herein to the extent
permitted by applicable law, this EULA shall not prejudice the non-excludable,
statutory rights of any party dealing as a consumer. If You acquired the
Software in Canada, unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario, Canada; and, any
dispute between You and WinZip regarding this EULA will be subject to the
exclusive jurisdiction of the federal and provincial courts sitting in Toronto,
Ontario. If You acquired the Software in the European Union, Iceland, Norway, or
Switzerland, then local law applies. If You acquired the Software in any other
country, then local law may apply. This EULA is the entire agreement between You
and WinZip and supersedes any other communications or advertisements with
respect to the Software and documentation. The Software, or any feature or part
thereof, may not be available in all languages or in all countries. If WinZip
has provided You with a translation of the English language version of this
EULA, You agree that such translation is provided for Your convenience only and
that the English language version, not the translation, of this EULA will be
legally binding on You. The English language version of this EULA and not its
translation(s) will govern in the event of a conflict between the English
language version and a translation. The original English version of this EULA
can be found at http://winzip.com/en/eula.htm.
If and to the extent any provision of this EULA is held illegal, invalid, or
unenforceable in whole or in part under applicable law, such provision or such
portion thereof shall be ineffective as to the jurisdiction in which it is
illegal, invalid, or unenforceable but only to the extent of its illegality,
invalidity, or unenforceability and shall be deemed modified to the extent
necessary to conform to applicable law so as to give the maximum effect to the
intent of the parties. No term or provision in this EULA will be considered
waived, and no breach excused, unless such waiver is in writing signed on behalf
of the party against whom the waiver is asserted. No waiver (whether express or
implied) will constitute consent to, waiver of, or excuse of any other,
different, or subsequent breach. No modifications or amendments to this EULA
will be binding upon WinZip unless made in writing and duly executed by You and
an authorized representative of WinZip.
Some Software versions may not be compatible with various computer operating
systems and WinZip may not release Updates. The Software may not be compatible
with computer operating systems that You may purchase now or in the future.
You understand that the Software may be incorporated into, and may incorporate
itself into, software and other technology owned and controlled by third
parties. This EULA remains effective with such incorporation. Any and all other
third party software or technology that may be distributed together with the
Software may be subject to You explicitly accepting a license agreement with
that third party and Your use of that software constitutes acceptance of such
terms. WinZip's licensors shall be direct and intended third party beneficiaries
of this EULA.
ADDITIONAL EULA TERMS
ENCRYPTION TECHNOLOGY CONTAINED IN WINZIP PRODUCTS: YOU AGREE THAT WINZIP CANNOT
GUARANTEE THAT THE ENCRYPTION TECHNOLOGY CONTAINED IN THE SOFTWARE IS COMPLETELY
SECURE FROM DECODING BY THIRD PARTIES. ACCORDINGLY, WINZIP WILL NOT BE
RESPONSIBLE FOR ANY LOSSES WHATSOEVER RESULTING FROM THIRD PARTY DECODING OF, OR
ACCESS TO, YOUR FILES.
Self-extracting Zip files created by WinZip's 'Self Extractor' trial version
Software may contain extractor software ("Extraction Software"). You may not
alter or modify the Extraction Software, nor give anyone permission to do so.
Under no circumstances are You licensed to distribute Extraction Software. If
You create self-extracting Zip files using an evaluation version of WinZip Self
Extractor Software You may not transmit Your Zip files to a third party.
However, the fully licensed (non-trial version of) WinZip Self Extractor may be
used to create an unlimited number of freely distributable, royalty-free, self-
extracting Zip files subject to the terms of this EULA.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA:
If You obtained the Software from WinZip or a WinZip authorized reseller in
Germany or Austria and such country is Your legal residence, then the Germany
and Austrian product liability and other consumer protection laws concerning
remedies for defective goods shall apply and govern any inconsistencies between
such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE
UNITED KINGDOM: If (i) You are acting as a consumer and the United Kingdom is
where Your legal residence; (ii) You entered into this EULA in the United
Kingdom; and (iii) You have obtained the Software from WinZip or a WinZip
authorized reseller in the United Kingdom (a "Consumer"), then the limitation of
liability and warranty provisions set forth in applicable consumer protection
and warranty laws of the United Kingdom shall apply and govern any
inconsistencies between such laws and the provisions of this EULA set forth
above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN
AUSTRALIA: LIMITED WARRANTY (AUSTRALIAN CONSUMERS ONLY): Our goods come with
guarantees that cannot be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for "major failure" and compensation for any
other reasonably foreseeable loss or damage. You are also entitled to have the
goods repaired or replaced if goods fail to be of acceptable quality and the
failure does not amount to a major failure. The term "major failure" is defined
in the Australian Consumer Law and includes, but is not limited to, where the
goods are substantially unfit for purpose and cannot easily and within a
reasonable time be remedied to make them fit for such a purpose, or where the
goods depart in one or more significant respects, if they were supplied by
description – from that description. The warranty provided under this Section is
provided by Corel Corporation of 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7,
Canada. We warrant that the media on which Software is furnished will be free of
defects in materials and workmanship under normal use for a period of ninety
(90) days from the date You purchased the Software. The benefits provided by
this express warranty are in addition to any other rights and remedies of the
consumer under any law in relation to the goods or service to which the warranty
relates. The Software when properly installed and under normal use will
substantially conform to the features and functionality as set forth in the
documentation accompanying the Software, however, the Software may contain
normal bugs and errors. Bug fixes and Updates will be provided from time to
time. If the disc is defective, then, without limiting any other obligations at
law, WinZip will replace the defective computer disc if You return the defective
disc to Us with a copy of Your receipt. Any replacement Software will be
warranted for the original warranty period covered by this Section.
EXCLUSIONS (AUSTRALIA ONLY): THE WARRANTY PROVIDED UNDER THIS SECTION DOES NOT
COVER DEFECTS OR PROBLEMS THAT ARISE DUE TO YOU CAUSING THE SOFTWARE TO BECOME
OF UNACCEPTABLE QUALITY, SUCH AS FAILURE TO TAKE REASONABLE CARE OR DAMAGE
CAUSED BY ABNORMAL USE. FURTHER, YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING,
INSTALLING, AND USING THE SOFTWARE. EXCEPT AS SET OUT ABOVE, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WINZIP DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. IF YOU ALTER THE
SOFTWARE IN ANY WAY WITHOUT BEING AUTHORIZED BY WINZIP, WINZIP WILL NOT REMEDY
DEFECTS CAUSED BY SUCH ALTERATION AND YOU ARE LIABLE FOR ANY DAMAGES INCURRED BY
WINZIP DUE TO YOUR UNAUTHORIZED ALTERATION. IF YOU INSTALL PRE-RELEASE VERSION
PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. PRE-RELEASE VERSION
PRODUCTS ARE TO BE USED ONLY FOR TEST PURPOSES IN TESTING ENVIRONMENTS AND MUST
NOT BE USED FOR PRODUCTION PURPOSES. THE SOFTWARE MAY CONTAIN "OPEN SOURCE"
MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL
PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE,
MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE
LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). TO THE
EXTENT PERMISSIBLE AT LAW WINZIP MAKES NO WARRANTIES, AND SHALL HAVE NO
LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS
CONTAINED IN THE SOFTWARE.
HOW TO CLAIM UNDER THE WARRANTY (AUSTRALIA ONLY): For the warranty to be
honored, You must contact WinZip's Customer Service centre at help@winzip.com
and seek a Return Merchandise Authorization ("RMA"). More detailed RMA
instructions together with shipping information and an RMA number will then be
sent to You by email. You will be required to provide proof of purchase and bear
the costs of returning the Software. The Software together with all related
media and manuals must be returned to Corel Corporation, Attention:
Manufacturing (WinZip), 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada
and must be uninstalled from Your computer and any storage devices and You must
delete any backup copies. We will endeavor to process Your claim within ten (10)
business days from the date WinZip receives it. If We accept that the Software
is defective, a replacement disc will be provided to You by mail.
INDIRECT AND CONSEQUENTIAL LOSS (AUSTRALIA ONLY): TO THE EXTENT PERMITTED UNDER
AUSTRALIAN LAW, WINZIP SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL
DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION
CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL WINZIP OR ITS SUPPLIERS OR LICENSORS BE LIABLE
FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE: Certain
Software are shareware and as such are acquired without charge and can be used
for a limited period of time for evaluation purposes and are subject to the
particular end user license for such shareware.
ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO
CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT: Our Software may contain
clipart, photo images, video content, audio clips (collectively referred to as
the "Images or Clips"), software data files that render typeface designs when
used in conjunction with appropriate hardware and software (for example only,
without limitation,.ttf or .otf files) referred to as "Font Software", and the
graphic rendering generated by the Font Software referred to as "Font Output"
and sample content such as forms, templates, "tubes" or similar items
(collectively referred to as the "Sample Content") that are either owned by Us
or licensed from a third-party. Except as required in the paragraph below, as a
user of Our Software You are free to use, modify and publish the Images or
Clips, Font Output or Sample Content as follows: You may (i) incorporate any
Images or Clips, Font Output, or Sample Content into Your own original work and
publish, display and distribute Your work in any media, provided You include a
copyright notice in Your work reflecting on the copyright ownership of both You
and WinZip as follows: "Copyright (c) 20__ [Your name], WinZip Computing, S.L.
and its licensors. All rights reserved."; and (ii) make one (1) copy of the
Images or Clips, Font Software, or Sample Content for backup or archival
purposes. YOU MAY NOT RESELL, SUBLICENSE OR OTHERWISE MAKE AVAILABLE THE IMAGES
OR CLIPS, OR FONT SOFTWARE FOR USE OR DISTRIBUTION SEPARATELY OR DETACHED FROM A
PRODUCT OR WEB PAGE. For example, the Images or Clips or Font Output may be used
by You as part of a web page design, but not be made available for downloading
separately (use of the Font Software as a web font, utilizing the CSS3@font-face
specification or similar is specifically prohibited) or in a format designed or
intended for permanent storage or re-use by others. YOU MAY NOT PROVIDE THE
IMAGES OR CLIPS OR FONT SOFTWARE TO THIRD PARTIES OR PERMIT THE USE OF THE
IMAGES OR CLIPS OR FONT SOFTWARE OR FONT OUTPUT BY THIRD PARTIES SEPARATELY OR
AS PART OF ANY OTHER PRODUCT, HOWEVER, THIRD PARTIES MAY BE PROVIDED WITH COPIES
OF THE IMAGES OR CLIPS OR FONT OUTPUT (INCLUDING IN DIGITAL FILES) AS PART OF A
WORK PRODUCT. YOU MAY NOT CREATE SCANDALOUS, OBSCENE, DEFAMATORY OR IMMORAL
WORKS USING THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT
NOR USE THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT FOR
ANY OTHER PURPOSE WHICH IS PROHIBITED BY LAW. YOU MAY NOT PERMIT THE USE OF THE
IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT OR ANY PART
THEREOF AS A TRADEMARK OR SERVICE MARK, OR CLAIM ANY PROPRIETARY RIGHTS OF ANY
SORT IN THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT OR
ANY PART THEREOF. YOU MAY NOT USE ANY OF THE IMAGES OR CLIPS WHICH CONTAIN
IDENTIFIABLE INDIVIDUALS OR ENTITIES FOR ANY COMMERCIAL PURPOSE INCLUDING,
WITHOUT LIMITATION, IN A MANNER WHICH SUGGESTS THEIR ASSOCIATION WITH OR
ENDORSEMENT OF ANY PRODUCT OR SERVICE. YOU MAY NOT USE THE IMAGES OR CLIPS IN
ELECTRONIC FORMAT, ON-LINE OR IN MULTIMEDIA APPLICATIONS UNLESS THE IMAGES OR
CLIPS ARE INCORPORATED FOR VIEWING PURPOSES ONLY AND NO PERMISSION IS GIVEN TO
DOWNLOAD AND/OR SAVE THE IMAGES OR CLIPS FOR ANY REASON. YOU MAY NOT RENT,
LEASE, SUBLICENSE OR LEND THE IMAGES OR CLIPS OR FONT SOFTWARE OR FONT OUTPUT,
OR ANY COPIES THEREOF, TO ANOTHER PERSON OR LEGAL ENTITY. YOU MAY NOT MODIFY THE
FONT SOFTWARE IN ANY WAY. YOU MAY NOT USE ANY IMAGES OR CLIPS PRESENTED IN ANY
SOFTWARE SPLASHSCREENS, WELCOME SCREENS, PRODUCT PACKAGING AND/OR MARKETING
COLLATERAL. YOU MAY NOT USE ANY IMAGES OR CLIPS, FONT SOFTWARE OR FONT OUTPUT OR
SAMPLE CONTENT EXCEPT AS EXPRESSLY PERMITTED BY THIS EULA. You may, however,
transfer subject to WinZip's license transfer authorization, all Your EULA to
use the Images or Clips or Font Software to another person or legal entity,
provided that (i) You transfer the Software, including the Images or Clips or
Font Software, and this EULA, including all copies (except copies incorporated
into Your work product as permitted under this EULA), to such person or entity,
(ii) You retain no copies, including copies stored on a computer or other
storage device, and (iii) the receiving party agrees to be bound by the terms
and conditions of this EULA.
October 2012 (1.0)
License requirements to distribute self-extracting Zip files
If you are using a registered copy of WinZip Self-Extractor, you do not need any
additional license in order to distribute the self-extracting Zip files you
create. The license requirements for the software in the self-extracting Zip
files you create, though, is your responsibility.
In regards to usage, the WinZip Self-Extractor Registered License states:
If you have purchased a single-user license you have the right to install and
use a single copy of WinZip Self-Extractor on one computer or workstation. If
you have purchased a multi-user license and received a valid registration file
or code, you or your organization have the right to install a copy of WinZip
Self-Extractor on multiple computers up to the number of "Licensed Copies" that
you have acquired, as indicated in the documents issued by WinZip Computing when
granting the License.
Here is the section of the license that specifically addresses distribution of
the self-extracting Zip files you create:
WinZip Self-Extractor may be used to create an unlimited number of freely
distributable, royalty-free self-extracting Zip files. Each self-extracting Zip
file contains, among other things, a portion of WinZip Self-Extractor, including
copyrighted software, proprietary notices, and identifying information (this
portion is the "Extraction Software"). You may not alter or modify the
Extraction Software, nor give anyone permission to do so.
If you have additional questions about license requirements for self-extractors,
please email the Service Department.
* The Wide Open License (WOL)
*
* Permission to use, copy, modify, distribute and sell this software and its
* documentation for any purpose is hereby granted without fee, provided that
* the above copyright notice and this license appear in all source copies.
* THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY OF
* ANY KIND. See http://www.dspguru.com/wide-open-license for more information.
The MIT License (MIT) with restrictions
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
The following terms additionally apply and override any above terms for
applicable parties:
You may not use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the Software in a military or law enforcement context,
defined as follows:
1. A military context is a professional context where the intended application
of the Software is integration or use with or by military software, tools
(software or hardware), or personnel. This includes contractors and
subcontractors as well as research affiliates of any military organization.
2. A law enforcement context is a professional context where the intended
application of the Software is integration or use with or by law enforcement
software, tools (software or hardware), or personnel. This includes
contractors and subcontractors as well as research affiliates of any law
enforcement organization.
Entities that sell or license to military or law enforcement organizations
may use the Software under the original terms, but only in contexts that do
not assist or supplement the sold or licensed product.
Students and academics who are affiliated with research institutions may use
the Software under the original terms, but only in contexts that do not assist
or supplement collaboration or affiliation with any military or law
enforcement organization.
This software and database is being provided to you, the LICENSEE, by
Princeton University under the following license. By obtaining, using
and/or copying this software and database, you agree that you have
read, understood, and will comply with these terms and conditions.:
Permission to use, copy, modify and distribute this software and
database and its documentation for any purpose and without fee or
royalty is hereby granted, provided that you agree to comply with
the following copyright notice and statements, including the disclaimer,
and that the same appear on ALL copies of the software, database and
documentation, including modifications that you make for internal
use or for distribution.
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DO WHAT THE FUCK YOU WANT TO BUT IT'S NOT MY FAULT PUBLIC LICENSE
Version 1, October 2013
Copyright (C) 2013 Ben McGinnes <ben@adversary.org>
Everyone is permitted to copy and distribute verbatim or modified
copies of this license document, and changing it is allowed as long
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DO WHAT THE FUCK YOU WANT TO BUT IT'S NOT MY FAULT PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. You just DO WHAT THE FUCK YOU WANT TO.
1. Do not hold the author(s), creator(s), developer(s) or
distributor(s) liable for anything that happens or goes wrong
with your use of the work.
do What The Fuck you want to Public License
Version 1.0, March 2000
Copyright (C) 2000 Banlu Kemiyatorn (]d).
136 Nives 7 Jangwattana 14 Laksi Bangkok
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Ok, the purpose of this license is simple
and you just
DO WHAT THE FUCK YOU WANT TO.
DO WHAT THE FUCK YOU WANT TO PUBLIC LICENSE
Version 2, December 2004
Copyright (C) 2004 Sam Hocevar
14 rue de Plaisance, 75014 Paris, France
Everyone is permitted to copy and distribute verbatim or modified
copies of this license document, and changing it is allowed as long
as the name is changed.
DO WHAT THE FUCK YOU WANT TO PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. You just DO WHAT THE FUCK YOU WANT TO.
DO WHAT THE HELL YOU WANT TO PUBLIC LICENSE
Version 1.0.0, October 2014
DO WHAT THE HELL YOU WANT TO PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. You just DO WHAT THE HELL YOU WANT TO.
db@FreeBSD.ORG wrote this file. As long as you retain this notice you
can do whatever you want with this code, except you may not
license it under any form of the GPL.
A postcard or QSL card showing me you appreciate
this code would be nice. Diane Bruce va3db
wxWidgets Licence
Copyright (C) 1997 Julian Smart, Markus Holzem
Preamble
This licence is intended to protect wxWidgets, its developers, and its users, so
that the considerable investment it represents is not abused.
Unlike the wxWidgets licence, you as a user are not obliged to distribute
wxWidgets source code with your products. However, you are prevented from
selling the code without permission from the authors, or denying others the
rights to use or distribute wxWidgets in the way intended.
The wxWidgets Licence establishes the copyright for the code and related
material, and it gives you legal permission to copy, distribute and/or modify
the library. It also asserts that no warranty is given by the authors for this
or derived code.
Finally, the licence specifies that any patent involving wxWidgets, must be
licenced for everyone's free use.
wxWidgets Licence
Terms and conditions for copying, distribution and modification
1. This Licence Agreement applies to any software library which contains a
notice placed by the copyright holder or other authorized party saying it may be
distributed under the terms of this wxWidgets Licence (also called "this
Licence"). Each licencee is addressed as "you".
A "library" means a collection of software functions and/or data prepared so as
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The "Library", below, refers to any such software library or work which has been
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"Source code" for a work means the preferred form of the work for making
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Activities other than copying, distribution and modification are not covered by
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contents constitute a work based on the Library (independent of the use of the
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2. You may copy and distribute verbatim copies of the Library's complete source
code as you receive it, in any medium, provided that you conspicuously and
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You may charge a fee for the physical act of transferring a copy, and you may at
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If any portion of this section is held invalid or unenforceable under any
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It is not the purpose of this section to induce you to infringe any patents or
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people have made generous contributions to the wide range of software
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This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this Licence.
9. If the distribution and/or use of the Library is restricted in certain
countries either by patents or by copyrighted interfaces, the original copyright
holder who places the Library under this Licence may add an explicit
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case, this Licence incorporates the limitation as if written in the body of this
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10. The authors of wxWidgets may publish revised and/or new versions of the
wxWidgets Licence from time to time. Such new versions will be similar in spirit
to the present version, but may differ in detail to address new problems or
concerns.
Each version is given a distinguishing version number. If the Library specifies
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you have the option of following the terms and conditions either of that version
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by the wxWidgets authors.
11. If you wish to incorporate parts of the Library into other free programs
whose distribution conditions are incompatible with these, write to the program
author to ask for permission. For software which is copyrighted by the wxWidgets
authors, write to the wxWidgets authors. Our decision will be guided by the two
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NO WARRANTY
12. BECAUSE THE LIBRARY IS LICENCED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS
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LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
13. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Libraries
To apply these terms, attach the following notices to the library. It is safest
to attach them to the start of each source file to most effectively convey the
exclusion of warranty; and each file should have at least the "copyright" line
and a pointer to where the full notice is found.
<one line to give the library's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This library is free software; you can redistribute it and/or
modify it under the terms of the wxWidgets Licence; either
version 2 of the Licence, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the wxWidgets Licence for more details.
You should have received a copy of the wxWidgets Licence along with this
library; if not, write to julian@wxwidgets.org.
You should also get your employer (if you work as a programmer) or your school,
if any, to sign a "copyright disclaimer" for the library, if necessary. Here is
a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a
library for tweaking knobs) written by James Random Hacker.
<signature of Ty Coon>, 1 April 1990
Ty Coon, President of Vice
EXCEPTION NOTICE
1. As a special exception, the copyright holders of this library give
permission for additional uses of the text contained in this release of
the library as licenced under the wxWindows Library Licence, applying
either version 3.1 of the Licence, or (at your option) any later version of
the Licence as published by the copyright holders of version
3.1 of the Licence document.
2. The exception is that you may use, copy, link, modify and distribute
under your own terms, binary object code versions of works based
on the Library.
3. If you copy code from files distributed under the terms of the GNU
General Public Licence or the GNU Library General Public Licence into a
copy of this library, as this licence permits, the exception does not
apply to the code that you add in this way. To avoid misleading anyone as
to the status of such modified files, you must delete this exception
notice from such code and/or adjust the licensing conditions notice
accordingly.
4. If you write modifications of your own for this library, it is your
choice whether to permit this exception to apply to your modifications.
If you do not wish that, you must delete the exception notice from such
code and/or adjust the licensing conditions notice accordingly.
wxWindows Free Documentation Licence, Version 3
===============================================
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
WXWINDOWS FREE DOCUMENTATION LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
1. Permission is granted to make and distribute verbatim copies of this
manual or piece of documentation provided any copyright notice and this
permission notice are preserved on all copies.
2. Permission is granted to process this file or document through a
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3. Permission is granted to copy and distribute modified versions of this
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work is distributed under the terms of a permission notice identical to
this one.
4. Permission is granted to copy and distribute translations of this manual
or piece of documentation into another language, under the above conditions
for modified versions, except that sections related to licensing, including
this paragraph, may also be included in translations approved by the
copyright holders of the respective licence documents in addition to the
original English.
WARRANTY DISCLAIMER
5. BECAUSE THIS MANUAL OR PIECE OF DOCUMENTATION IS LICENSED FREE OF
CHARGE, THERE IS NO WARRANTY FOR IT, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THIS MANUAL OR PIECE OF DOCUMENTATION "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE MANUAL OR PIECE OF DOCUMENTATION IS WITH YOU. SHOULD THE MANUAL OR
PIECE OF DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
6. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE MANUAL OR PIECE OF DOCUMENTATION AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MANUAL
OR PIECE OF DOCUMENTATION (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES
OR A FAILURE OF A PROGRAM BASED ON THE MANUAL OR PIECE OF DOCUMENTATION TO
OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
wxWindows Restricted Licence, Version 3
=======================================
Copyright (C) 1998 Julian Smart, Robert Roebling [, ...]
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
WXWINDOWS RESTRICTED LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This library is free software; you can redistribute it and/or modify it
under the terms of the GNU Library General Public Licence as published by
the Free Software Foundation; either version 2 of the Licence, or (at
your option) any later version.
This library is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library
General Public Licence for more details.
You should have received a copy of the GNU Library General Public Licence
along with this software, usually in a file named COPYING.LIB. If not,
write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330,
Boston, MA 02111-1307 USA.
EXCEPTION NOTICE
1. As a special exception, the copyright holders of this library give
permission for additional uses of the text contained in this release of
the library as licenced under the wxWindows Restricted Licence, applying
either version 3 of the Licence, or (at your option) any later version of
the Licence as published by the copyright holders of version
3 of the Licence document.
2. The exception is that you may modify your copy or copies of the Library
or any portion of it, thus forming a work based on the Library, without
any restrictions placed on such modifications, and create binary object
code versions of such works based on the Library, and you may use, copy,
link, modify and distribute such binary object code versions of works
based on the Library as if licenced to you under the wxWindows
Unrestricted Licence; either version 3 or (at your option) any later
version.
3. If you copy code from files distributed under the terms of the GNU
General Public Licence or the GNU Library General Public Licence into a
copy of this library, as this licence permits, the exception does not
apply to the code that you add in this way. To avoid misleading anyone as
to the status of such modified files, you must delete this exception
notice from such code and/or adjust the licensing conditions notice
accordingly.
4. If you write modifications of your own for this library, it is your
choice whether to permit this exception to apply to your modifications.
If you do not wish that, you must delete the exception notice from such
code and/or adjust the licensing conditions notice accordingly.
wxWindows Unrestricted Licence, Version 3
=========================================
Copyright (c) 1997 Julian Smart, Robert Roebling, [...]
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
WXWINDOWS UNRESTRICTED LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
Permission to use, copy, modify, and distribute this source code text,
this binary library, or this piece of documentation for any purpose is
hereby granted without fee, provided that the above copyright notice,
author statement and this permission notice appear in all copies of this
software and related documentation.
BECAUSE THIS SOURCE CODE TEXT, THIS BINARY LIBRARY, OR THIS PIECE OF
DOCUMENTATION IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR IT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN
WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THIS SOURCE
CODE TEXT, THIS BINARY LIBRARY OR THIS PIECE OF DOCUMENTATION "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOURCE CODE TEXT, THE BINARY LIBRARY OR THE PIECE OF DOCUMENTATION
IS WITH YOU. SHOULD THE SOURCE CODE TEXT, THE BINARY LIBRARY OR THE PIECE
OF DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE SOURCE CODE TEXT, THE BINARY LIBRARY, OR THE PIECE OF
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License information
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Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is fur- nished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT-NESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE DANIEL VEILLARD
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF
CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CON- NECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of Daniel Veillard shall not be
used in advertising or otherwise to promote the sale, use or other deal- ings in
this Software without prior written authorization from him.
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, provided that the above copyright
notice(s) and this permission notice appear in all copies of the Software and that
both the above copyright notice(s) and this permission notice appear in supporting
documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE
COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY
SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used
in advertising or otherwise to promote the sale, use or other dealings in this
Software without prior written authorization of the copyright holder.
Permission to use, copy, modify, and distribute this software for any purpose
and without fee is hereby granted, provided that the above copyright notice
appear in all copies and that both that copyright notice and this permission
notice appear in supporting documentation, and that the names of the authors not
be used in advertising or publicity pertaining to distribution of the software
without specific, written prior permission.
THE AUTHORS DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHORS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
XCEED SOFTWARE, INC.
COMMUNITY LICENSE AGREEMENT (for non-commercial use)
This Community License Agreement (the “Agreement”) is a legal agreement between
you (“Licensee”) and Xceed Software, Inc. (“Xceed”). Licensee wishes to use the “Xceed
Extended WPF Toolkit™” (the “Software”), an Xceed product, for “Non-Commercial Use”.
Such use of the Software means that it is not primarily intended for commercial
advantages or for monetary compensation or any other type of compensation, including
donations. Xceed agrees to license its products to developers like you as along as all
terms & conditions set forth herein are respected. The Software is provided under a
license; it is not “sold” in any manner. By installing, copying or otherwise using the
Software, you confirm your agreement to the terms and conditions expressed in this
Agreement. If you do not agree, you are not authorized to use our Software.
GENERAL
Subject to compliance with the conditions set out below, Xceed grants to Licensee a
non-exclusive and perpetual right (unless/until revoked by Xceed at its discretion) to
install and use the Software for designing, building, testing and/or
deploying/distributing (to less than 10 users or end-users) an application, system or
program for Non-Commercial Use only. Would Licensee need to use the Software for
any purpose that is not strictly Non-Commercial Use, or if the Software is to be
deployed or distributed to more than 10 users/end-users – even in a Non-Commercial
Use, Licensee must acquire a Commercial License (with a paid subscription).
The license granted under this Agreement is conditional on Licensee complying at all
times with the following conditions:
-All of the Agreement’s terms & conditions are strictly complied with by the Licensee;
-The Software is used for Non-Commercial Use only;
-The Software cannot be resold, licensed, sublicensed or distributed by Licensee in any
manner other than as specified above;
-Xceed’s name and logo must appear clearly in the resulting work with an Xceed
Copyright notice; the name and notice must be visible, not be hidden;
-Licensee is not authorized to “deploy” the Software for/in any commercial environment;
-Licensee commits not to create a competitive software product based on the Software;
-Licensee is not authorized to sell or license/sub-license/lease the resulting work to
anyone nor charge any amounts of money or accept donations or exchange services for
the said resulting work.
SUPPORT
Support is not included in Community Licenses. The Software is provided on an “as is”
basis only. Licensee can send requests to Xceed’s technical support team only if a
commercial license has been obtained. Bugs may be corrected at Xceed’s discretion.
WARRANTY
Xceed clearly states that this Community License includes no warranty of any type.
Xceed products are provided on an “as is” basis. In no case shall Xceed be responsible or
liable for any direct or indirect, or consequential damages whatsoever (including,
without limitation, any damages for loss of revenues, of business profits, business
interruption, or loss of business information, or any other type of loss or damages)
arising out of the use of the Software even if Xceed may have been advised of such
potential damages or loss.
OTHER
Xceed does not allow Community Licensees to publish results from benchmarks or
performance comparison tests (with other products) without advance permission by
Xceed. Licensee is not authorized to use Xceed’s name, tradenames and trademarks
without Xceed’s written permission (other than the Copyright notice stated above in the
“General” section).
GOVERNING LAW
This Agreement shall be governed by the laws of the Province of Quebec (Canada). Any
claim, dispute or problem arising out of this Agreement shall be deemed non-receivable
or may be settled or disposed of at Xceed’s discretion. Xceed reserves the right to settle
any action before an arbitration board in Quebec as per generally accepted,
international rules of arbitration prevailing in Quebec.
Xceed reserves the right to modify this Agreement at all times without notice.
© Copyright: Xceed Software, Inc. - 2021. All rights reserved.
--------------------------------------------------------------------
The Xdebug License, version 1.03
(Based on "The PHP License", version 3.01)
Copyright (c) 2003-2022 Derick Rethans. All rights reserved.
--------------------------------------------------------------------
Redistribution and use in source and binary forms, with or without
modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The name "Xdebug" must not be used to endorse or promote products
derived from this software without prior written permission. For
written permission, please contact derick@xdebug.org.
4. Products derived from this software may not be called "Xdebug", nor
may "Xdebug" appear in their name, without prior written permission
from derick@xdebug.org.
5. Derick Rethans may publish revised and/or new versions of the
license from time to time. Each version will be given a
distinguishing version number. Once covered code has been
published under a particular version of the license, you may
always continue to use it under the terms of that version. You
may also choose to use such covered code under the terms of any
subsequent version of the license published by Derick Rethans. No
one other than Derick Rethans has the right to modify the terms
applicable to covered code created under this License.
6. Redistributions of any form whatsoever must retain the following
acknowledgment: "This product includes Xdebug software, freely
available from <https://xdebug.org/>".
THIS SOFTWARE IS PROVIDED BY DERICK RETHANS ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP DEVELOPMENT TEAM OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
--------------------------------------------------------------------
This software consists of voluntary contributions made by some
individuals on behalf of Derick Rethans.
Derick Rethans can be contacted via e-mail at derick@xdebug.org.
For more information on Xdebug, please see <https://xdebug.org>.
As a special exception to the following license, the Xenomai
project gives permission for additional uses of the header files
contained in this directory.
The exception is that, if you include these header files unmodified to
produce application programs executing in user-space that use
Xenomai services by normal Xenomai system calls, this does not
by itself cause the resulting executable to be covered by the GNU
General Public License. This is merely considered normal use of the
Xenomai system, and does not fall under the heading of "derived
work".
This exception does not however invalidate any other reasons why the
executable file might be covered by the GNU General Public License. In
any case, this exception never applies when the application code is
built as a static or dynamically loadable portion of the Linux kernel.
This exception applies only to the code released by the Xenomai
project under the name Xenomai and bearing this exception notice.
If you copy code from other sources into a copy of Xenomai, the
exception does not apply to the code that you add in this way.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE XFREE86
PROJECT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the XFree86 Project shall not be
used in advertising or otherwise to promote the sale, use or other dealings in
this Software without prior written authorization from the XFree86 Project.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation and/or
other materials provided with the distribution, and in the same place and form
as other copyright, license and disclaimer information.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment: "This product includes software developed
by The XFree86 Project, Inc (http://www.xfree86.org/) and its contributors", in
the same place and form as other third-party acknowledgments. Alternately, this
acknowledgment may appear in the software itself, in the same form and location
as other such third-party acknowledgments.
4. Except as contained in this notice, the name of The XFree86 Project, Inc
shall not be used in advertising or otherwise to promote the sale, use or other
dealings in this Software without prior written authorization from The XFree86
Project, Inc.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE XFREE86
PROJECT, INC OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
Use of the Software is limited solely to applications: (a) running on a Xilinx device, or (b) that interact with a Xilinx device through a bus or interconnect.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL XILINX BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the Xilinx shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from Xilinx.
xinetd License
ORIGINAL LICENSE:
This software is
(c) Copyright 1992 by Panagiotis Tsirigotis
The author (Panagiotis Tsirigotis) grants permission to use, copy, and
distribute this software and its documentation for any purpose and without fee,
provided that the above copyright notice extant in files in this distribution is
not removed from files included in any redistribution and that this copyright
notice is also included in any redistribution.
Modifications to this software may be distributed, either by distributing the
modified software or by distributing patches to the original software, under the
following additional terms:
1. The version number will be modified as follows:
a. The first 3 components of the version number (i.e <number>.<number>.<number>)
will remain unchanged.
b. A new component will be appended to the version number to indicate the
modification level. The form of this component is up to the author of the
modifications.
2. The author of the modifications will include his/her name by appending it
along with the new version number to this file and will be responsible for any
wrong behavior of the modified software.
The author makes no representations about the suitability of this software for
any purpose. It is provided "as is" without any express or implied warranty.
Modifications: Version: 2.1.8.7-current Copyright 1998-2001 by Rob Braun
Sensor Addition Version: 2.1.8.9pre14a Copyright 2001 by Steve Grubb
This is an exerpt from an email I recieved from the original author, allowing
xinetd as maintained by me, to use the higher version numbers:
I appreciate your maintaining the version string guidelines as specified in the
copyright. But I did not mean them to last as long as they did.
So, if you want, you may use any 2.N.* (N >= 3) version string for future xinetd
versions that you release. Note that I am excluding the 2.2.* line; using that
would only create confusion. Naming the next release 2.3.0 would put to rest the
confusion about 2.2.1 and 2.1.8.*.
License Grant. Xiph.Org Foundation (“Xiph”) hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this license) license under Licensed Patents to make, have made, use, offer to sell, sell, import, transfer, and otherwise run, modify (in a way that still complies with the Specification), and reproduce any Implementation.
Definitions. Specification means, and includes the following, both individually and collectively, (a) any standard specification of the Opus codec adopted by the IETF Codec Working Group (“Standard”) and (b) any reference implementation (each, a “Reference Implementation”) published by the IETF Codec Working Group in the request for comments (“RFC”) issued by the IETF for the Specification draft for which this License is issued, or any RFC that is issued as an update or new version thereof. An Implementation means any Reference Implementation, or another implementation that complies with the Specification. Licensed Patents means all patents currently owned by Xiph or acquired hereafter that Xiph has the right to license as set forth above and that are necessarily infringed by the Specification, where “necessarily infringed” means: in the case of (a) above, there is no commercially viable means of implementing the Specification without infringing such patent; in the case of (b) above, use of the reference implementation to the extent it infringes such patent.
Termination. If you, directly or indirectly via controlled affiliate or subsidiary, agent, or exclusive licensee, file a Claim for patent infringement against any entity alleging that an Implementation in whole or in part constitutes direct or contributory patent infringement, or inducement of patent infringement (a “Claim”), provided that a Reference Implementation also infringes the patents asserted in the Claim, then any patent rights granted to you under this License shall automatically terminate retroactively as of the date you first received the grant. Claims made against an Implementation in part will only trigger termination if the Implementation in part was done for the purpose of combining it with other technology that complies with the Specification so that the technology’s ultimate use will be consistent with the Standard as a whole.
This software may be used, modified, copied, distributed, and sold,
in both source and binary form provided that the above copyright
and these terms are retained. Under no circumstances is the author
responsible for the proper functioning of this software, nor does
the author assume any responsibility for damages incurred with its
use.
Permission is granted to anyone to use, distribute and modify
this file in any way, provided that the above copyright notice
is left intact and the author of the modification summarizes
the changes in this header.
This file is distributed without any expressed or implied warranty.
Xming Terms and Conditions
1. Component licenses
Xming is a derivative work with many Open Source component licenses and exceptions. [WWW]X11 style licenses apply to libX11 and X.Org xserver source code (two of the largest components), and X.Org client applications. Xming does not link to the Cygwin™ API library or use Cygwin code. See Appendix A for license detail of components sourced external to the [WWW]X.Org Foundation.
Note: The U.S. spelling for the noun licence is used throughout this website as most licenses referenced are of U.S. origin.
2. Applicability
This agreement is mandatory for Project Xming releases and components downloaded from this website, but not Public Domain releases from [WWW]SourceForge Project Xming.
3. Distribution
Please distribute freely Public Domain releases from SourceForge.
Redistributing any part (or whole) of the Xming website, documentation, images, executables or installers, by the internet, other projects/products or via media such as CD's, without asking permission, attributing 'Colin Harrison' and providing links to StraightRunning.com/XmingNotes/ and [WWW]SourceForge Project Xming will be regarded as a breach of copyright.
4. Clarifications
Xming installers and components are Public Domain if put on [WWW]SourceForge, by me. You can do what you like with Public Domain releases including freely distributing them; they still retain all original authors' licenses appropriately, but I have relinquished my rights over them. However; everything downloaded from this website (for Project Xming) has this mandatory agreement.
Some Xming components contain cryptographic items and as such are illegal in countries where encryption is outlawed. The encryption methods and algorithms used are freely available in the Public Domain and therefore not subject to export controls in Europe. If you are a U.S. citizen exporting Project Xming code: you are solely responsible for being compliant with any applicable U.S. Export Administration Regulations.
Commercial and Public Sector users, who want to use Xming Website Releases (fully or partially) in connection with their work must have purchased a licence (i.e. not just made a donation). Here is the Xming License Order Form (note: Xming installation on a shared computer can be counted as just one 'User' and a Site License allows unlimited numbers of 'Users'). Academic or research institutions must obtain an Academic Site License in order to use Xming Website Releases. Installation is only allowed on equipment owned by the person, organisation or site named on their license document. Licenses are for the lifetime of the product and come with access to one year of updates (i.e. this access has a small annual renewal fee).
Xming licenses are only available directly and no reselling or transfer is permitted or possible. Xming software is licensed not sold. You may not publish Project Xming software for others to copy; or distribute, rent, lease or lend any part of it without written permission.
Private individuals, who want to use Xming Website Releases as sole user at home, will be given access to them for one year after making a small Donation to help fund the replacement equipment needed to further Xming development (i.e. by renewable subscription). This donation access can also be used to trial Xming, prior to purchase of a full license, but please ask for permission before doing this.
All customer information and emails are treated as confidential. No customer specific data will be disclosed on StraightRunning.com or by Colin Harrison to any third-party without obtaining consent. No Project Xming software is used to control usage or collect and return data to me or any third-party.
I Colin Harrison, in my sole discretion, have the right to suspend or terminate your access and use of StraightRunning.com, for any reason at any time.
Xming comes with ABSOLUTELY NO WARRANTY, to the extent permitted by applicable law i.e. all Project Xming components are provided "as is" with no implied fitness for any purpose. I accept NO LIABILITY for any loss or damage arising out of use of Xming or any Project Xming components i.e. use at your own risk.
Genuine Xming dlls and binaries always have a project [WWW]version-information resource. Beware of Xming imitations and untraceable installers/uninstallers (please ask me to confirm VERSIONINFO and MD5 signatures of any suspicious file). Note: all Project Xming dlls and binaries are made 'fresh' and consistent from strictly controlled source code (using a cross-compiler toolchain also built, by me, from canonical sources); none are supplied from third-party builds.
I can be contacted by email at colin<at>xming<dot>myzen<dot>co<dot>uk or colin<dot>harrison<at>virgin<dot>net (the latter email address will die when TalkTalk switch off Virgin Media addresses ending in <at>virgin<dot>net :)). These addresses are also shared by my PayPal account.
5. Appendices
Component licenses in detail
This appendix details Xming's Open Source code licenses for components sourced external to the [WWW]X.Org Foundation. These licenses allow Project Xming to be as unconstrained as possible... Xming source code can be used proprietary and closed, and at the same time, all component source licenses are GPL compatible (with the caveat, below, for FreeType and noting that Htmlhelp.lib(s) are optional closed source static libraries from Microsoft).
No source code is GPL licensed in any release, other than for run.exe, and any GPL COPYING file or file marking (e.g. in Xming 6.9.0.31), can be assumed to be an error and deleted/ignored. Put simply: Xming is not licensed under the GPL and non-copyleft; but the Run utility is (N.B. run.exe, and its source, are now separate from Project Xming).
Xming dynamically links to one LGPL library. Also two FSF exceptions are applicable. Details of source code, modifications and licenses; plus both FSF exceptions...
winlocalename.c is adapted from file localename.c (an LGPLv2.1 file in [WWW]gettext-0.17/gettext-runtime/intl/).
[WWW]DejaVue fonts are supplied unmodified under this license.
FreeType is supplied modified from the canonical [WWW]FreeType2 source under this BSD-style license (which has a credit clause). Note: builders of FreeType can [WWW]choose to use GPLv2 instead.
[WWW]Mesa 11.3.0-devel is supplied modified from the canonical [WWW]freedesktop.org source under this Mesa license.
Extension headers and specifications from the canonical [WWW]OpenGL Registry are used under SGI Free Software License B.
The [WWW]Pthreads-Win32 dll, built from modified source, is dynamically-linked from Xming and supplied compliant with LGPLv2.1.
[WWW]PuTTY is used under its permissive MIT license.
Xmon is supplied modified from this source code under this license.
[WWW]zlib is supplied modified from this source code under this license.
[WWW]Inno Setup is used under this license to create the Xming installers.
Htmlhelp.lib static libraries, from Microsoft's x86 and x64 Distributable Code in the [WWW]Windows Software Development Kit (SDK) for Windows 8, are linked to XLaunch and portablePuTTY executables under this license.
[WWW]MinGW-w64 is used under this runtime license to create Project Xming executables and libraries.
Header files and runtime libraries from the [WWW]GNU Complier Collection are included in compiled code under the GCC runtime library exception.
Output from the [WWW]GNU Bison utility, which includes the skeleton code for the parser's implementation, is compiled into some Project Xming components. This is licensed under the Bison special exception.
The XML:DB Initiative Software License, Version 1.0
Copyright (c) 2000-2003 The XML:DB Initiative. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by the
XML:DB Initiative (http://www.xmldb.org/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The name "XML:DB Initiative" must not be used to endorse or
promote products derived from this software without prior written
permission. For written permission, please contact info@xmldb.org.
5. Products derived from this software may not be called "XML:DB",
nor may "XML:DB" appear in their name, without prior written
permission of the XML:DB Initiative.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
====================================================================
This software consists of voluntary contributions made by many
individuals on behalf of the XML:DB Initiative. For more information
on the XML:DB Initiative, please see <http://www.xmldb.org/>.
Software Release License Agreement
BY ACCESSING, USING, INSTALLING OR DOWNLOADING THE XMOS SOFTWARE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE, DO NOT ATTEMPT TO DOWNLOAD, ACCESS OR USE THE XMOS Software.
Parties:
(1) XMOS Limited, incorporated and registered in England and Wales with company number 5494985 whose registered office is 107 Cheapside, London, EC2V 6DN (XMOS).
(2) An individual or legal entity exercising permissions granted by this License (Customer).
If you are entering into this Agreement on behalf of another legal entity such as a company, partnership, university, college etc. (for example, as an employee, student or consultant), you warrant that you have authority to bind that entity.
1. Definitions
"License" means this Software License and any schedules or annexes to it.
"License Fee" means the fee for the XMOS Software as detailed in any schedules or annexes to this Software License
"Licensee Modifications" means all developments and modifications of the XMOS Software developed independently by the Customer.
"XMOS Modifications" means all developments and modifications of the XMOS Software developed or co-developed by XMOS.
"XMOS Hardware" means any XMOS hardware devices supplied by XMOS from time to time and/or the particular XMOS devices detailed in any schedules or annexes to this Software License.
"XMOS Software" comprises the XMOS owned circuit designs, schematics, source code, object code, reference designs, (including related programmer comments and documentation, if any), error corrections, improvements, modifications (including XMOS Modifications) and updates.
The headings in this License do not affect its interpretation. Save where the context otherwise requires, references to clauses and schedules are to clauses and schedules of this License.
Unless the context otherwise requires:
- references to XMOS and the Customer include their permitted successors and assigns;
- references to statutory provisions include those statutory provisions as amended or re-enacted; and
- references to any gender include all genders.
Words in the singular include the plural and in the plural include the singular.
2. License
XMOS grants the Customer a non-exclusive license to use, develop, modify and distribute the XMOS Software with, or for the purpose of being used with, XMOS Hardware.
Open Source Software (OSS) must be used and dealt with in accordance with any license terms under which OSS is distributed.
3. Consideration
In consideration of the mutual obligations contained in this License, the parties agree to its terms.
4. Term
Subject to clause 12 below, this License shall be perpetual.
5. Restrictions on Use
The Customer will adhere to all applicable import and export laws and regulations of the country in which it resides and of the United States and United Kingdom, without limitation. The Customer agrees that it is its responsibility to obtain copies of and to familiarise itself fully with these laws and regulations to avoid violation.
6. Modifications
The Customer will own all intellectual property rights in the Licensee Modifications but will undertake to provide XMOS with any fixes made to correct any bugs found in the XMOS Software on a non-exclusive, perpetual and royalty free license basis.
XMOS will own all intellectual property rights in the XMOS Modifications.
The Customer may only use the Licensee Modifications and XMOS Modifications on, or in relation to, XMOS Hardware.
7. Support
Support of the XMOS Software may be provided by XMOS pursuant to a separate support agreement.
8. Warranty and Disclaimer
The XMOS Software is provided "AS IS" without a warranty of any kind. XMOS and its licensors' entire liability and Customer's exclusive remedy under this warranty to be determined in XMOS's sole and absolute discretion, will be either (a) the corrections of defects in media or replacement of the media, or (b) the refund of the license fee paid (if any).
Whilst XMOS gives the Customer the ability to load their own software and applications onto XMOS devices, the security of such software and applications when on the XMOS devices is the Customer's own responsibility and any breach of security shall not be deemed a defect or failure of the hardware. XMOS shall have no liability whatsoever in relation to any costs, damages or other losses Customer may incur as a result of any breaches of security in relation to your software or applications.
XMOS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY/ SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID UNDER APPLICABLE LAW.
9. High Risk Activities
The XMOS Software is not designed or intended for use in conjunction with on-line control equipment in hazardous environments requiring fail-safe performance, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapons systems (collectively "High Risk Activities") in which the failure of the XMOS Software could lead directly to death, personal injury, or severe physical or environmental damage. XMOS and its licensors specifically disclaim any express or implied warranties relating to use of the XMOS Software in connection with High Risk Activities.
10. Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER XMOS NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOST REVENUE, BUSINESS, PROFIT, CONTRACTS OR DATA, ADMINISTRATIVE OR OVERHEAD EXPENSES, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THIS LICENSE, EVEN IF XMOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall XMOS's liability to the Customer whether in contract, tort (including negligence), or otherwise exceed the License Fee.
Customer agrees to indemnify, hold harmless, and defend XMOS and its licensors from and against any claims or lawsuits, including attorneys' fees and any other liabilities, demands, proceedings, damages, losses, costs, expenses fines and charges which are made or brought against or incurred by XMOS as a result of your use or distribution of the Licensee Modifications or your use or distribution of XMOS Software, or any development of it, other than in accordance with the terms of this License.
11. Ownership
The copyrights and all other intellectual and industrial property rights for the protection of information with respect to the XMOS Software (including the methods and techniques on which they are based) are retained by XMOS and/or its licensors. Nothing in this Agreement serves to transfer such rights. Customer may not sell, mortgage, underlet, sublease, sublicense, lend or transfer possession of the XMOS Software in any way whatsoever to any third party who is not bound by this Agreement.
12. Termination
Either party may terminate this License at any time on written notice to the other if the other:
- is in material or persistent breach of any of the terms of this License and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; or
- is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.
Termination by either party in accordance with the rights contained in clause 12 shall be without prejudice to any other rights or remedies of that party accrued prior to termination.
On termination for any reason:
- all rights granted to the Customer under this License shall cease;
- the Customer shall cease all activities authorised by this License;
- the Customer shall immediately pay any sums due to XMOS under this License; and
- the Customer shall immediately destroy or return to the XMOS (at the XMOS's option) all copies of the XMOS Software then in its possession, custody or control and, in the case of destruction, certify to XMOS that it has done so.
Clauses 5, 8, 9, 10 and 11 shall survive any effective termination of this Agreement.
13. Third party rights
No term of this License is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this license.
14. Confidentiality and publicity
Each party shall, during the term of this License and thereafter, keep confidential all, and shall not use for its own purposes nor without the prior written consent of the other disclose to any third party any, information of a confidential nature (including, without limitation, trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party, unless such information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this license, or subsequently comes lawfully into the possession of such party from a third party.
The terms of this license are confidential and may not be disclosed by the Customer without the prior written consent of XMOS.
The provisions of clause 14 shall remain in full force and effect notwithstanding termination of this license for any reason.
15. Entire agreement
This License and the documents annexed as appendices to this License or otherwise referred to herein contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
16. Assignment
The Customer shall not assign this License or any of the rights granted under it without XMOS's prior written consent.
17. Governing law and jurisdiction
This License shall be governed by and construed in accordance with English law and each party hereby submits to the non-exclusive jurisdiction of the English courts.
This License has been entered into on the date stated at the beginning of it.
Schedule
XMOS LIN library software
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XMOS PUBLIC LICENCE: Version 1
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Subject to the conditions and limitations below, permission is hereby granted by XMOS LIMITED (“XMOS”), free of charge, to any person or entity obtaining a copy of the XMOS Software.
**1. Definitions**
**“Applicable Patent Rights”** means: (a) where XMOS is the grantor of the rights, (i) claims of patents that are now or in future owned by or assigned to XMOS and (ii) that cover subject matter contained in the Software, but only to the extent it is necessary to use, reproduce or distribute the Software without infringement; and (b) where you are the grantor of the rights, (i) claims of patents that are now or in future owned by or assigned to you and (ii) that cover the subject matter contained in your Derivatives, taken alone or in combination with the Software.
**“Compiled Code”** means any compiled, binary, machine readable or executable version of the Source Code.
**“Contributor”** means any person or entity that creates or contributes to the creation of Derivatives.
**“Derivatives”** means any addition to, deletion from and/or change to the substance, structure of the Software, any previous Derivatives, the combination of the Derivatives and the Software and/or any respective portions thereof.
**“Source Code”** means the human readable code that is suitable for making modifications but excluding any Compiled Code.
**“Software”** means the software and associated documentation files which XMOS makes available and which contain a notice identifying the software as original XMOS software and referring to the software being subject to the terms of this XMOS Public Licence.
This Licence refers to XMOS Software and does not relate to any XMOS hardware or devices which are protected by intellectual property rights (including patent and trade marks) which may be sold to you under a separate agreement.
**2. Licence**
**Permitted Uses, Conditions and Restrictions.** Subject to the conditions below, XMOS grants you a worldwide, royalty free, non-exclusive licence, to the extent of any Patent Rights to do the following:
2.1 **Unmodified Software.** You may use, copy, display, publish, distribute and make available unmodified copies of the Software:
2.1.1 for personal or academic, non-commercial purposes; or
2.1.2 for commercial purposes provided the Software is at all times used on a device designed, licensed or developed by XMOS and, provided that in each instance (2.1.1 and 2.1.2):
(a) you must retain and reproduce in all copies of the Software the copyright and proprietary notices and disclaimers of XMOS as they appear in the Software, and keep intact all notices and disclaimers in the Software files that refer to this Licence; and
(b) you must include a copy of this Licence with every copy of the Software and documentation you publish, distribute and make available and you may not offer or impose any terms on such Software that alter or restrict this Licence or the intent of such Licence, except as permitted below (Additional Terms).
The licence above does not include any Compiled Code which XMOS may make available under a separate support and licence agreement.
2.2 **Derivatives.** You may create and modify Derivatives and use, copy, display, publish, distribute and make available Derivatives:
2.2.1 for personal or academic, non-commercial purposes; or
2.2.2 for commercial purposes, provided the Derivatives are at all times used on a device designed, licensed or developed by XMOS and, provided that in each instance (2.2.1 and 2.2.2):
(a) you must comply with the terms of clause 2.1 with respect to the Derivatives;
(b) you must copy (to the extent it doesn’t already exist) the notice below in each file of the Derivatives, and ensure all the modified files carry prominent notices stating that you have changed the files and the date of any change; and
(c) if you sublicence, distribute or otherwise make the Software and/or the Derivatives available for commercial purposes, you must provide that the Software and Derivatives are at all times used on a device designed, licensed or developed by XMOS.
Without limitation to these terms and clause 3 below, the Source Code and Compiled Code to your Derivatives may at your discretion (but without obligation) be released, copied, displayed, published, distributed and made available; and if you elect to do so, it must be under the terms of this Licence including the terms of the licence at clauses 2.2.1, 2.2.2 and clause 3 below.
2.3 **Distribution of Executable Versions.** If you distribute or make available Derivatives, you must include a prominent notice in the code itself as well as in all related documentation, stating that the Source Code of the Software from which the Derivatives are based is available under the terms of this Licence, with information on how and where to obtain such Source Code.
**3. Your Grant of Rights.** In consideration and as a condition to this Licence, you grant to any person or entity receiving or distributing any Derivatives, a non-exclusive, royalty free, perpetual, irrevocable license under your Applicable Patent Rights and all other intellectual property rights owned or controlled by you, to use, copy, display, publish, distribute and make available your Derivatives of the same scope and extent as XMOS’s licence under clause 2.2 above.
**4. Combined Products.** You may create a combined product by combining Software, Derivatives and other code not covered by this Licence as a single application or product. In such instance, you must comply with the requirements of this Licence for any portion of the Software and/or Derivatives.
**5. Additional Terms.** You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the term of this Licence (“Additional Terms”) to any legitimate recipients of the Software and/or Derivatives. The terms on which you provide such Additional Terms are on your sole responsibility and you shall indemnify, defend and hold XMOS harmless against any claims asserted against XMOS.
**6. New Versions.** XMOS may publish revised and/or new versions of this Licence from time to time to accommodate changes to the Licence terms, new versions, updates and bug fixes of the Software. Each version will be given a distinguishing version number. Once Software has been published under a particular version of this Licence, you may continue to use it under the terms of that version. You may also choose to use the latest version of the Software under any subsequent version published by XMOS. Only XMOS shall have the right to modify these terms.
**7. IPR and Ownership**
Any rights, including all intellectual property rights and all trademarks not expressly granted herein are reserved in full by the authors or copyright holders. Any requests for additional permissions by XMOS including any rights to use XMOS trademarks, should be made (without obligation) to XMOS at **support@xmos.com**
Nothing herein shall limit any rights that XMOS is otherwise entitled to under the doctrines of patent exhaustion, implied license, or legal estoppel. Neither the name of the authors, the copyright holders or any contributors may be used to endorse or promote any Derivatives from this Software without specific written permission. Any attempt to deal with the Software which does not comply with this Licence shall be void and shall automatically terminate any rights granted under this licence (including any licence of any intellectual property rights granted herein).
Subject to the licences granted under this Licence any Contributor retains all rights, title and interest in and to any Derivatives made by Contributor subject to the underlying rights of XMOS in the Software. XMOS shall retain all rights, title and interest in the Software and any Derivatives made by XMOS (“XMOS Derivatives”). XMOS Derivatives will not automatically be subject to this Licence and XMOS shall be entitled to licence such rights on any terms (without obligation) as it sees fit.
**8. Termination**
8.1 This Licence will automatically terminate immediately, without notice to you, if:
(a) you fail to comply with the terms of this Licence; and/or
(b) you directly or indirectly commence any action for patent or intellectual property right infringement against XMOS, or any parent, group, affiliate or subsidiary of XMOS; provided XMOS did not first commence an action or patent infringement against you in that instance; and/or
(c) the terms of this Licence are held by any court of competent jurisdiction to be unenforceable in whole or in part.
**9. Critical Applications.** Unless XMOS has agreed in writing with you an agreement specifically governing use of the Goods in military, aerospace, automotive or medically related functions (collectively and individually hereinafter referred to as "Special Use"), any permitted use of the Software excludes Special Use. Notwithstanding any agreement between XMOS and you for Special Use, Special Use shall be at your own risk, and you shall fully indemnify XMOS against any damages, losses, costs and claims (direct and indirect) arising out of any Special Use.
**10. NO WARRANTY OR SUPPORT.** THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL XMOS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, WARRANTY, CIVIL TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE INCLUDING GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOT WITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE. IN SOME JURISDICTIONS PARTIES ARE UNABLE TO LIMIT LIABILTY IN THIS WAY, IF THIS APPLIES TO YOUR JURISDICTION THIS LIABILITY CLAUSE ABOVE MAY NOT APPLY. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL XMOS’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSS OR OTHERWISE EXCEED $50.
**11. Governing Law and Jurisdiction.** This Licence constitutes the entire agreement between the parties with respect to the subject matter hereof. The Licence shall be governed by the laws of England and the conflict of laws and UN Convention on Contracts for the International Sale of Goods, shall not apply.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
This agreement shall be governed in all respects by the laws of the State of
California and by the laws of the United States of America.
This program is free software; you can redistribute it freely.
Use it at your own risk; there is NO WARRANTY.
Redistribution of modified versions is permitted provided that the following
conditions are met:
1. All copyright & permission notices are preserved.
2.a) Only changes required for packaging or porting are made.
or
2.b) It is clearly stated who last changed the program. The program is renamed
or the version number is of the form x.y.z, where x.y is the version of the
original program and z is an arbitrary suffix.
Distribute freely and credit me,
make money and share with me,
lose money and don't ask me.
This program is distributed with no warranty.
Source files for this program may be distributed freely.
Modifications to this file are okay as long as:
a. This copyright notice and comment are preserved and
left at the top of the file.
b. The man page is fixed to reflect the change.
c. The author of this change adds his name and change
description to the list of changes below.
Executable files may be distributed with sources, or with
exact location where the source code can be obtained.
BrowserPlus End User License
Introduction
Yahoo provides you with BrowserPlus, a software program which extends the functionality of your web browser, and facilitates the installation of additional software packages (plug-ins) to your web browser which various websites and services may request.
The BrowserPlus software ("Software") consists of the following software, documentation, files and materials:
The BrowserPlus core software application ("Core") that you receive through this installer;
"BrowserPlus Plug-ins" or "corelets" which are any additional distinct software packages developed by Yahoo or third parties which plug into the Core, thereby extending the functionality of your web browser, AND
Any subsequent updates, versions, or substitutes of BrowserPlus or BrowserPlus Plug-ins ("Updates") which you install.
Yahoo licenses the Software to you subject to this agreement between you and Yahoo (the "License"). The Software may also be bundled with third party components, and may operate with plug-ins created by third party developers (collectively, "Third Party Software"). This License only applies to your use of the Software. Your use of Third Party Software is subject to the terms and conditions of the authors and owners of such Third Party Software.
By installing and using the Software, you accept all terms and conditions of this License. Yahoo can update and change this License by posting a new version at https://info.yahoo.com/legal/us/yahoo/browserplus/browserplus-2122.html without notice to you. You understand and acknowledge that your continued use of the Software, and the continued use by anyone to whom you have rightfully distributed this Software pursuant to this License, constitutes your agreement to and acceptance of all such changes and updates and that absent such effective consent, use of the Software is not authorized.
You may use this Software to access various Yahoo services. You understand and acknowledge that your use of such Yahoo services is subject to the current version of the Yahoo Terms of Service (the "TOS"), located at https://info.yahoo.com/legal/us/yahoo/utos/utos-173.html, and any additional terms of service that may apply.
Scope of License
This Software is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicensable basis on the terms and conditions set forth in the License. This License covers all copies of the Software made by or for you. All rights not expressly granted to you are reserved by Yahoo or their respective owners.
Here’s what you can do with the Software:
Install and personally use the Software on a computer or mobile device owned or controlled by you.
Use the Software only for personal use or benefit.
Make copies of the Software and distribute such copies to others within a corporation or similar organization so long as either (a) each recipient affirmatively agrees to be bound by this License and any updates and changes to this License, or (b) you have the legal right to bind and hereby bind your organization (and others within your organization) to both this License and to any updates and changes to this License. If neither (a) nor (b) is true, you may NOT distribute the Software within your employer’s organization and Yahoo does not grant you a license to the Software.
Allow others to use the Software on your personal or mobile device; but regardless of whether or not authorized by you, you are responsible for ensuring that any and all uses of the Software comply with this License and all applicable laws.
Here’s what you can NOT do with the Software:
Obtain or attempt to obtain unauthorized access to the Yahoo network or to any third party networks, or to distribute any data that you obtain through such unauthorized access.
Export or re-export the Software in violation of applicable laws or regulations.
Sell, rent lease, loan, distribute, transfer or sublicense the Software or access thereto, or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise, without Yahoo's prior, express, written permission.
Use the Software in connection with acts of terrorism or violence, or the operation of nuclear facilities, life support or other mission critical application where human life or property may be at stake.
Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License or with the TOS.
Software Security, Tracking, Installation, Services and Support
Security. The Software does access and write to information that is stored on your hard drive (and in your accounts on internet services to which you’ve authorized the Software to access and/or write information). Yahoo takes your security seriously and takes reasonable steps to protect your information, but you agree that you are using this Software at your own risk and that Yahoo does not guarantee that transmission of your data over the Internet is 100% secure. Please see http://privacy.yahoo.com/privacy/us/security/details.html for more information on what Yahoo does to minimize security risks.
Usage Data. You consent to allow the Software to track, collect, and store the following information about your use of the Software, which the Software may transmit back to Yahoo to use for diagnostic purposes and improving the Software:
A unique identifier assigned to your installation of the Core. Yahoo will not associate this unique identifier to your personally identifiable information.
Your device’s platform, i.e., osx, win32.
The version of the Software that you’ve downloaded.
Auto-Updater Feature. From time to time, Yahoo may automatically download and install the latest version of the Software to your computing device. Visit the Privacy Module at https://info.yahoo.com/privacy/us/yahoo/browserplus/ to find out more about this feature.
Corelet Installations. When you visit an internet site which requests that you download a corelet that will plug into the Software, you will be prompted to either cancel or proceed with installation. BrowserPlus Plug-ins are considered Software and subject to the terms of this License.
How to Uninstall. To uninstall, go to your operating system Control Panel, select Add/Remove Programs, and select the Yahoo application that you wish to uninstall. Click the Change/Remove button. Leave the selection on Automatic and click Next. Then click Finish, and you are done. You may have to reboot to remove some components. To remove on operating systems other than Windows, follow the standard instructions from the operating system developer for removing third party applications. Please note that if you uninstall the Core, any BrowserPlus Plug-ins that you have installed will also be uninstalled.
Third Party Software, Hardware, and Services. You are responsible for all third party software, hardware, and services used in connection the Software. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with the Software, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
Support and Software Updates. Yahoo offers no technical or maintenance support for the Software. Yahoo may offer upgrades or updates to the Software in its sole discretion. Yahoo may change, suspend or discontinue any aspect of the Software at any time without notice to you.
Ownership
The Software may be protected by Yahoo’s patents, copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright and trademark notices or restrictions contained in the Software, this License, and the TOS. Yahoo and Yahoo's licensors own all rights, title, and interest in and to their applicable contributions to the Software. Other than as set forth in this License, Yahoo grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo in connection with the Software and Yahoo trademarks.
Indemnification
You (or the organization that you have the authority to bind, if applicable) agree to indemnify and hold harmless Yahoo and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors (the "Yahoo Entities") from any claim or demand, including reasonable attorneys' fees, made by you or any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of any rights of another person or entity.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS". YOU BEAR THE RISK OF USING IT. THE YAHOO ENTITIES GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATING TO NON-INFRINGEMENT OR SECURITY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE). YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! ANDTHE "YAHOO! ENTITIES" SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE TOTAL LIABILITY OF YAHOO! AND YAHOO! ENTITIES FOR ANY CLAIM BY YOU UNDER THIS LICENSE SHALL NOT EXCEED AMOUNTS PAID BY YOU TO YAHOO! FOR THIS LICENSE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT WHICH IS THE BASIS FOR SUCH CLAIM.
Termination.
Your license to the Software under this License continues until it is terminated by either party. You may terminate the License by discontinuing use of all or any of the Software and by destroying all your copies of the applicable Software. This License terminates automatically if you violate any term of this License, Yahoo publicly posts a written notice of termination on Yahoo's web site, or Yahoo sends a written notice of termination to you directly.
General Information
Entire Agreement. This License constitutes the entire agreement between you and Yahoo and governs your use of the Software, superseding any prior agreements between you and Yahoo with respect to the Software, and is the sole source or your rights concerning use of the Software.
Choice of Law and Forum. This License and the relationship between you and Yahoo shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. You and Yahoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA.
Waiver and Severability of Terms. The failure of Yahoo to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If any provision of this License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this License remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software, or this License, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The titles in this License are for convenience only and have no legal or contractual effect. Those provisions in this License that by their nature are intended to survive, will survive any termination of this Agreement.
Yahoo Messenger Terms Of Service
NO 911 OR EMERGENCY SERVICE. You acknowledge and understand that Yahoo does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your Yahoo Messenger and devices used to access Yahoo Messenger that they must access these numbers through a traditional landline or mobile phone. Yahoo Messenger is not intended to replace your primary phone service, such as traditional landline or mobile phone.
ACCEPTANCE OF TERMS
Welcome to Yahoo Yahoo provides this Yahoo Messenger service, and any other software or services you elected to download along with Yahoo Messenger (e.g. Yahoo Toolbar, or Yahoo Browser Services), to you, subject to the following license terms, which incorporates by reference the Yahoo Terms of Service ("TOS") each which may be updated by us from time to time without notice to you (collectively this "License"). You can review the most current version of this License and the TOS at any time at: https://info.yahoo.com/legal/us/yahoo/messenger/messengertos/messengertos-279.html and https://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If you are in a jurisdiction where download or use of this software or service is prohibited, click "Cancel" and do not download or use this software.
By checking the box and clicking the "Next" button to download Yahoo Messenger, and by using and continuing to use Yahoo Messenger or the other software or services, you agree to be bound by this License which includes the TOS, and represent and warrant that you are permitted to do so under applicable law.
DIFFERENT VERSIONS OF YAHOO! MESSENGER AND OTHER YAHOO! AUTHORIZED IM CLIENTS
Not all features may be available if the user that you are communicating with is using a different version of Yahoo Messenger, or is using an IM software client offered by an authorized non-Yahoo company.
DESCRIPTION OF SERVICE
Yahoo Messenger allows you to see when your friends are online, send and receive instant messages, make pc-to-pc and pc-to-phone calls, listen to music, play games, and receive alerts and other material and information via the World Wide Web.
Yahoo Toolbar allows users to quickly search the Web from anywhere online, save and re-find pages, protect your PC from spyware with Anti-Spy, access your favorite sites and enjoy music with Yahoo Music Engine controls.
Yahoo Browser Services gives you enhancements for Internet Explorer grouped neatly under Yahoo Services button and menu option. These services include Sign-In, which can store multiple Yahoo IDs for quick switching; Yahoo Messenger Explorer Bar, which allows you to see your friends list and send links to friends within Internet Explorer; and Yahoo Shortcuts, which allows you to set up address bar keywords to go to your favorite web sites.
From time to time, Yahoo may automatically download the latest version and notify you when it’s ready to install. Visit the Privacy Module to find out more about Auto Updater. If you wish to update your Yahoo Messenger, you must agree to the then current Yahoo Messenger Terms of Service in order for the update to be installed on your computer.
HOW TO UNINSTALL: To uninstall, go to your operating system Control Panel, select Add/Remove Programs, and select Yahoo Messenger or other Yahoo application that you wish to uninstall. Click the Change/Remove button. Leave the selection on Automatic and click Next. Then click Finish and you are done! You may have to reboot to remove some components.
Yahoo Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Yahoo accounts located on Yahoo servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Yahoo too. Your agreement to this License constitutes your consent to allow Yahoo to store these communications on its servers.
The foregoing software you elect to download, and any Yahoo or third party software, protocols (including but not limited to API protocols) (the "Software"), along with any services, content, or materials used that are authorized by Yahoo, are collectively deemed to be the "Service". Where the TOS references the defined term "Service," such terms in the TOS will also apply to the Software and services defined to be the "Service" under this License.
By registering and using Yahoo Messenger, you acknowledge that other users of the Service may elect to receive a notification from the Service when you sign on and may send you instant messages and other information via the Service. If you desire to block the notification feature of the Service sent to other users or if you don't want to receive messages from such users, you can enable the "Ignore" feature of the Service. The "Ignore" feature allows you to create a list of users you wish to block, which you can review and edit from time to time. Your ability to send and receive instant messages and other information may be blocked by Yahoo and by other users, which may partially or wholly limit your ability to use the Service. By using the Service, you agree that Yahoo has no responsibility for assessing or resolving any disputes arising from a user's ability to ignore, send messages, or otherwise use the Service.
FEES AND PAYMENTS
Yahoo reserves the right to charge fees for future use of or access to the Service, or other Yahoo services and web sites, in Yahoo's sole discretion. If Yahoo decides to charge fees, such charges will be disclosed to you prior.
EQUIPMENT REQUIRED AND OPTIONAL
In order to use the Service and those services and products within the Service (for both free and charged services), you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web or enable pc-to-pc, pc-to-phone, or other internet calling, including computers, modems, mobile devices, microphones, headsets, and handsets.
You may also use optional equipment to access the Service (e.g. a USB port phone device to access the pc-to-pc calling feature, which device may include dual functionality to access a traditional landline service which is not provided by Yahoo).
Any required or optional equipment that you use to use or access the Service, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of the equipment. Please refer to the materials you received when you purchased the equipment to understand your rights and obligations, including what warranties and disclaimers apply to you.
LICENSE
The Service (which includes the Software) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Yahoo and Yahoo's licensors own all rights, title, and interest in and to their applicable contributions to the Service. This License grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo, including (but not limited to) the Service and Yahoo trademarks, and creates no relationship between yourself and Yahoo's licensors, or between you and Yahoo other than that of Yahoo to licensee.
YOU MAY install and personally use the Software and any authorized updates provided by Yahoo in object code form on a personal computer owned or controlled by you and are only permitted to access the Service through the Software, only as authorized in this License. You may use the Software and access the Service for your own noncommercial use or benefit. The Service and its components contain software licensed from Yahoo licensors ("Licensor Software"). The Licensor Software enables the Yahoo Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree not to assign, copy, transfer, or transmit the Service, or any data obtained through the Service, to any third party. Your license to use the Service, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Service, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
Yahoo may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Service (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Yahoo may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of the Service or the Yahoo web site without notice or liability.
RESTRICTIONS ON USE
YOU MAY NOT and will not allow any third party to:
Copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software, or any portion thereof, or otherwise attempt to discover any source code or protocols (including but no limited to API protocols) in the Service;
Obtain or attempt to obtain unauthorized access to the Service or the Yahoo network;
Incorporate the protocols or Software, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for you; Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License;
Use the Service to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo is not responsible; or
Sell, lease, loan, distribute, transfer, or sublicense the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without Yahoo's prior, express, written permission.
All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial rights and restrictions described herein.
SOFTWARE AND SERVICE PROVIDED AS-IS
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this License. You understand and agree that the Service is provided "AS-IS" and that Yahoo assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You also understand that Yahoo is not responsible for the security or privacy of communications sent via the Service, including but not limited to where the Service is being accessed via wireless devices or other equipment used to access the Service. These disclaimers are in addition to the "Disclaimer of Warranties" section in the TOS.
Any third party plug-ins applications that you use with the Service are owned by and are the sole responsibility of the plug-in application developer, and it is up to you decide whether these plug-in applications, or your use of them, is legal or appropriate.
Any required or optional equipment, or third party plug-in applications, that you use to use, access, or augment the Service, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of the equipment, and Yahoo makes no warranties or representations whatsoever regarding such equipment or third party plug-in application. Please refer to the materials you received when you purchased the equipment or downloaded the plug-in application to understand your rights and obligations, including what warranties and disclaimers apply to you. YAHOO! AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO SUCH EQUIPMENT OR PLUG-IN APPLICATIONS, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you don't already have a Yahoo I.D. and password, you will be prompted to complete the Yahoo registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Yahoo of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Yahoo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If authorized by Yahoo, the Service may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that (i) your use of the Service is subject to this License and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with this License and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. Yahoo assumes no responsibility for the conduct or content of messages sent by users of other instant messaging products.
YAHOO! PRIVACY POLICY
Your registration data and other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy at http://privacy.yahoo.com/privacy/us/mesg/index.htm.
MODIFICATIONS TO SERVICE
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of the Service or the Yahoo web site without notice or liability.
TERMINATION
Your license to the Software and to access the Service continues until it is terminated by either party. You may terminate this License by discontinuing use of all or any of the Software and by destroying all your copies of the applicable Software. Yahoo may terminate this License pursuant to "Termination" section of the TOS.
ADDITIONAL INDEMNIFICATION
In addition to the indemnification you provide to Yahoo under the "Indemnity" section of the TOS, if the Service downloaded or accessed by you includes the "anti-spy"tool, software that is identified as "spyware" by this tool may be software that you have agreed to load onto your computer pursuant to a separate agreement with a third party. You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold Yahoo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Service, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of any rights of another person or entity.
GOVERNMENT END USERS
If the Service and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Service is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this License apply.
NOTICE
Yahoo may provide you with notices, including those regarding changes to this License, by either email, regular mail, or postings on the Service.
GENERAL INFORMATION
Entire Agreement. This License, which includes the TOS, constitutes the entire agreement between you and Yahoo and governs your use of the Service, superseding any prior agreements between you and Yahoo with respect to the Service. With respect to your use of other authorized Yahoo services, affiliate services, affiliate devices or equipment, third-party content, or third-party software, you also may be subject to additional terms and conditions. In the event of any conflict between the terms and conditions of this License and those in the TOS, the terms and conditions of this License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
Choice of Law and Forum. This License and the relationship between you and Yahoo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Yahoo to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If any provision of this License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this License and TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Yahoo account is non-transferable and any rights to your Yahoo I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this License, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this License are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of this License or TOS to our Customer Care group.
THIS SOFTWARE IS PROVIDED "AS IS," AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY
DISCLAIMED. IN NO EVENT SHALL YALE UNIVERSITY OR ITS EMPLOYEES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED, THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGE.
Redistribution and use of this software in source or binary forms,
with or without modification, are permitted, provided that the
following conditions are met:
1. Any redistribution must include the above copyright notice and
disclaimer and this list of conditions in any related documentation
and, if feasible, in the redistributed software.
2. Any redistribution must include the acknowledgment, "This product
includes software developed by Yale University," in any related
documentation and, if feasible, in the redistributed software.
3. The names "Yale" and "Yale University" must not be used to endorse
or promote products derived from this software.
license: Feel free to use it, but keep this credits please!
YOLO LICENSE
Version 1, July 10 2015
THIS SOFTWARE LICENSE IS PROVIDED "ALL CAPS" SO THAT YOU KNOW IT IS SUPER
SERIOUS AND YOU DON'T MESS AROUND WITH COPYRIGHT LAW BECAUSE YOU WILL GET IN
TROUBLE HERE ARE SOME OTHER BUZZWORDS COMMONLY IN THESE THINGS WARRANTIES
LIABILITY CONTRACT TORT LIABLE CLAIMS RESTRICTION MERCHANTABILITY SUBJECT TO
THE FOLLOWING CONDITIONS:
1. #yolo
2. #swag
3. #blazeit
YOLO LICENSE
Version 2, July 29 2016
THIS SOFTWARE LICENSE IS PROVIDED "ALL CAPS" SO THAT YOU KNOW IT IS SUPER
SERIOUS AND YOU DON'T MESS AROUND WITH COPYRIGHT LAW BECAUSE YOU WILL GET IN
TROUBLE HERE ARE SOME OTHER BUZZWORDS COMMONLY IN THESE THINGS WARRANTIES
LIABILITY CONTRACT TORT LIABLE CLAIMS RESTRICTION MERCHANTABILITY. NOW HERE'S
THE REAL LICENSE:
0. Darknet is public domain.
1. Do whatever you want with it.
2. Stop emailing me about it!
Yahoo! Public License, Version 1.0 (YPL)
This Yahoo! Public License (this "Agreement") is a legal agreement that
describes the terms under which Yahoo! Inc., a Delaware corporation having its
principal place of business at 701 First Avenue, Sunnyvale, California 94089
("Yahoo!") will provide software to you via download or otherwise ("Software").
By using the Software, you, an individual or an entity ("You") agree to the
terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set
forth below, the parties agree as follows:
1. Grant of Copyright License
* 1.1 - Subject to the terms and conditions of this Agreement, Yahoo!
hereby grants to You, under any and all of its copyright interest in
and to the Software, a royalty-free, non-exclusive, non-transferable
license to copy, modify, compile, execute, and distribute the Software
and Modifications. For the purposes of this Agreement, any change to,
addition to, or abridgement of the Software made by You is a
"Modification;" however, any file You add to the Software that does
not contain any part of the Software is not a "Modification."
* 1.2 - If You are an individual acting on behalf of a corporation or
other entity, Your use of the Software or any Modification is subject
to Your having the authority to bind such corporation or entity to
this Agreement. Providing copies to persons within such corporation or
entity is not considered distribution for purposes of this Agreement.
* 1.3 - For the Software or any Modification You distribute in source
code format, You must do so only under the terms of this Agreement,
and You must include a complete copy of this Agreement with Your
distribution. With respect to any Modification You distribute in
source code format, the terms of this Agreement will apply to You in
the same way those terms apply to Yahoo! with respect to the Software.
In other words, when You are distributing Modifications under this
Agreement, You "stand in the shoes" of Yahoo! in terms of the rights
You grant and how the terms and conditions apply to You and the
licensees of Your Modifications. Notwithstanding the foregoing, when
You "stand in the shoes" of Yahoo!, You are not subject to the
jurisdiction provision under Section 7, which requires all disputes
under this Agreement to be subject to the jurisdiction of federal or
state courts of northern California.
* 1.4 - For the Software or any Modification You distribute in
compiled or object code format, You must also provide recipients with
access to the Software or Modification in source code format along
with a complete copy of this Agreement. The distribution of the
Software or Modifications in compiled or object code format may be
under a license of Your choice, provided that You are in compliance
with the terms of this Agreement. In addition, You must make
absolutely clear that any license terms applying to such Software or
Modification that differ from this Agreement are offered by You alone
and not by Yahoo!, and that such license does not restrict recipients
from exercising rights in the source code to the Software granted by
Yahoo! under this Agreement or rights in the source code to any
Modification granted by You as described in Section 1.3.
* 1.5 - This Agreement does not limit Your right to distribute files
that are entirely Your own work (i.e., which do not incorporate any
portion of the Software and are not Modifications) under any terms You
choose.
2. Support
* Yahoo! has no obligation to provide technical support or updates to
You. Nothing in this Agreement requires Yahoo! to enter into any
license with You for any other edition of the Software.
3. Intellectual Property Rights
* 3.1 - Except for the license expressly granted under copyright in
Section 1.1, no rights, licenses or forbearances are granted or may
arise in relation to this Agreement whether expressly, by implication,
exhaustion, estoppel or otherwise. All rights, including all
intellectual property rights, that are not expressly granted under
this Agreement are hereby reserved.
* 3.2 - In any copy of the Software or in any Modification you create,
You must retain and reproduce, any and all copyright, patent,
trademark, and attribution notices that are included in the Software
in the same form as they appear in the Software. This includes the
preservation of attribution notices in the form of trademarks or logos
that exist within a user interface of the Software.
* 3.3 - This license does not grant You rights to use any party's
name, logo, or trademarks, except solely as necessary to comply with
Section 3.2.
4. Disclaimer of Warranties
* THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
YAHOO! MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY
REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY, YAHOO! DOES NOT
WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN
UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, YAHOO!
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YAHOO! HAD BEEN INFORMED OF
SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY
MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
* IN NO EVENT WILL YAHOO! BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF DATA, COST OF COVER) IN CONNECTION WITH OR
ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE OR USE OF
THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS
A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND
EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Term and Termination
* 6.1 - This Agreement will continue in effect unless and until
terminated earlier pursuant to this Section 6.
* 6.2 - In the event Yahoo! determines that You have breached this
Agreement, Yahoo! may terminate this Agreement.
* 6.3 - All licenses granted hereunder shall terminate upon the
termination of this Agreement. Termination will be in addition to any
rights and remedies available to Yahoo! at law or equity or under this
Agreement.
* 6.4 - Termination of this Agreement will not affect the provisions
regarding reservation of rights (Section 3.1), provisions disclaiming
or limiting Yahoo!'s liability (Sections 4 and 5), Termination
(Section 6) or Miscellaneous (Section 7), which provisions will
survive termination of this Agreement.
7. Miscellaneous
* This Agreement contains the entire agreement of the parties with
respect to the subject matter of this Agreement and supersedes all
previous communications, representations, understandings and
agreements, either oral or written, between the parties with respect
to said subject matter. The relationship of the parties hereunder is
that of independent contractors, and this Agreement will not be
construed as creating an agency, partnership, joint venture or any
other form of legal association between the parties. If any term,
condition, or provision in this Agreement is found to be invalid,
unlawful or unenforceable to any extent, this Agreement will be
construed in a manner that most closely effectuates the intent of this
Agreement. Such invalid term, condition or provision will be severed
from the remaining terms, conditions and provisions, which will
continue to be valid and enforceable to the fullest extent permitted
by law. This Agreement will be interpreted and construed in accordance
with the laws of the State of California and the United States of
America, without regard to conflict of law principles. The U.N.
Convention on Contracts for the International Sale of Goods shall not
apply to this Agreement. All disputes arising out of this Agreement
involving Yahoo! or any of its subsidiaries shall be subject to the
jurisdiction of the federal or state courts of northern California,
with venue lying in Santa Clara County, California. No rights may be
assigned, no obligations may be delegated, and this Agreement may not
be transferred by You, in whole or in part, whether voluntary or by
operation of law, including by way of sale of assets, merger or
consolidation, without the prior written consent of Yahoo!, and any
purported assignment, delegation or transfer without such consent
shall be void ab initio. Any waiver of the provisions of this
Agreement or of a party's rights or remedies under this Agreement must
be in writing to be effective. Failure, neglect or delay by a party to
enforce the provisions of this Agreement or its rights or remedies at
any time, will not be construed or be deemed to be a waiver of such
party's rights under this Agreement and will not in any way affect the
validity of the whole or any part of this Agreement or prejudice such
party's right to take subsequent action.
Yahoo! Public License, Version 1.1 (YPL)
This Yahoo! Public License (this "Agreement") is a legal agreement that
describes the terms under which Yahoo! Inc., a Delaware corporation having its
principal place of business at 701 First Avenue, Sunnyvale, California 94089
("Yahoo!") will provide software to you via download or otherwise ("Software").
By using the Software, you, an individual or an entity ("You") agree to the
terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set
forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 - Subject to the terms and conditions of this Agreement, Yahoo! hereby
grants to You, under any and all of its copyright interest in and to the
Software, a royalty-free, non-exclusive, non-transferable license to copy,
modify, compile, execute, and distribute the Software and Modifications. For the
purposes of this Agreement, any change to, addition to, or abridgement of the
Software made by You is a "Modification;" however, any file You add to the
Software that does not contain any part of the Software is not a "Modification."
1.2 - If You are an individual acting on behalf of a corporation or other
entity, Your use of the Software or any Modification is subject to Your having
the authority to bind such corporation or entity to this Agreement. Providing
copies to persons within such corporation or entity is not considered
distribution for purposes of this Agreement.
1.3 - For the Software or any Modification You distribute in source code format,
You must do so only under the terms of this Agreement, and You must include a
complete copy of this Agreement with Your distribution. With respect to any
Modification You distribute in source code format, the terms of this Agreement
will apply to You in the same way those terms apply to Yahoo! with respect to
the Software. In other words, when You are distributing Modifications under this
Agreement, You "stand in the shoes" of Yahoo! in terms of the rights You grant
and how the terms and conditions apply to You and the licensees of Your
Modifications. Notwithstanding the foregoing, when You "stand in the shoes" of
Yahoo!, You are not subject to the jurisdiction provision under Section 7, which
requires all disputes under this Agreement to be subject to the jurisdiction of
federal or state courts of northern California.
1.4 - For the Software or any Modification You distribute in compiled or object
code format, You must also provide recipients with access to the Software or
Modification in source code format along with a complete copy of this Agreement.
The distribution of the Software or Modifications in compiled or object code
format may be under a license of Your choice, provided that You are in
compliance with the terms of this Agreement. In addition, You must make
absolutely clear that any license terms applying to such Software or
Modification that differ from this Agreement are offered by You alone and not by
Yahoo!, and that such license does not restrict recipients from exercising
rights in the source code to the Software granted by Yahoo! under this Agreement
or rights in the source code to any Modification granted by You as described in
Section 1.3.
1.5 - This Agreement does not limit Your right to distribute files that are
entirely Your own work (i.e., which do not incorporate any portion of the
Software and are not Modifications) under any terms You choose.
2. Support
Yahoo! has no obligation to provide technical support or updates to You. Nothing
in this Agreement requires Yahoo! to enter into any license with You for any
other edition of the Software.
3. Intellectual Property Rights
3.1 - Except for the license expressly granted under copyright in Section 1.1,
no rights, licenses or forbearances are granted or may arise in relation to this
Agreement whether expressly, by implication, exhaustion, estoppel or otherwise.
All rights, including all intellectual property rights, that are not expressly
granted under this Agreement are hereby reserved.
3.2 - In any copy of the Software or in any Modification you create, You must
retain and reproduce, any and all copyright, patent, trademark, and attribution
notices that are included in the Software in the same form as they appear in the
Software. This includes the preservation of attribution notices in the form of
trademarks or logos that exist within a user interface of the Software.
3.3 - This license does not grant You rights to use any party's name, logo, or
trademarks, except solely as necessary to comply with Section 3.2.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YAHOO! MAKES
NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO
THE SOFTWARE. SPECIFICALLY, YAHOO! DOES NOT WARRANT THAT THE SOFTWARE WILL BE
ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT
ALLOWED BY LAW, YAHOO! SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YAHOO! HAD BEEN
INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY
MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
IN NO EVENT WILL YAHOO! BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF
COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER,
WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING
NEGLIGENCE, AND EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
6. Term and Termination
6.1 - This Agreement will continue in effect unless and until terminated earlier
pursuant to this Section 6.
6.2 - In the event You violate the terms of this Agreement, Yahoo! may terminate
this Agreement.
6.3 - All licenses granted hereunder shall terminate upon the termination of
this Agreement. Termination will be in addition to any rights and remedies
available to Yahoo! at law or equity or under this Agreement.
6.4 - Termination of this Agreement will not affect the provisions regarding
reservation of rights (Section 3.1), provisions disclaiming or limiting Yahoo!'s
liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section
7), which provisions will survive termination of this Agreement.
7. Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the
subject matter of this Agreement and supersedes all previous communications,
representations, understandings and agreements, either oral or written, between
the parties with respect to said subject matter. The relationship of the parties
hereunder is that of independent contractors, and this Agreement will not be
construed as creating an agency, partnership, joint venture or any other form of
legal association between the parties. If any term, condition, or provision in
this Agreement is found to be invalid, unlawful or unenforceable to any extent,
this Agreement will be construed in a manner that most closely effectuates the
intent of this Agreement. Such invalid term, condition or provision will be
severed from the remaining terms, conditions and provisions, which will continue
to be valid and enforceable to the fullest extent permitted by law. This
Agreement will be interpreted and construed in accordance with the laws of the
State of California and the United States of America, without regard to conflict
of law principles. The U.N. Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement. All disputes arising out of this
Agreement involving Yahoo! or any of its subsidiaries shall be subject to the
jurisdiction of the federal or state courts of northern California, with venue
lying in Santa Clara County, California. No rights may be assigned, no
obligations may be delegated, and this Agreement may not be transferred by You,
in whole or in part, whether voluntary or by operation of law, including by way
of sale of assets, merger or consolidation, without the prior written consent of
Yahoo!, and any purported assignment, delegation or transfer without such
consent shall be void ab initio. Any waiver of the provisions of this Agreement
or of a party's rights or remedies under this Agreement must be in writing to be
effective. Failure, neglect or delay by a party to enforce the provisions of
this Agreement or its rights or remedies at any time, will not be construed or
be deemed to be a waiver of such party's rights under this Agreement and will
not in any way affect the validity of the whole or any part of this Agreement or
prejudice such party's right to take subsequent action.
Zapatec DHTML/Javascript Calendar License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY DOWNLOADING, INSTALLING, USING, OR DISTRIBUTING THE SOFTWARE. IF YOU DO NOT AGREE TO THIS LICENSE, DO NOT CLICK ON THE DOWNLOAD LINK AND THE SOFTWARE WILL NOT BE DOWNLOADED.
Definitions
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Zapatec Inc, a California corporation.
License types and Grant
We hereby grant you a nonexclusive license to use one copy of the Software, according to one of the following license types.
Lite License
We grant you a nonexclusive license to use one copy of the Software on a single computer, for use in one fully qualified domain name (FQDN).
In return for the License Grant you will provide a link from each Web page the Software is used on to the Zapatec web page: http://www.zapatec.com/website/main/products/prod1/
Single Server License
We grant you a nonexclusive license to use one copy of the Software on a single computer, for use in one fully qualified domain name (FQDN).
Domain Wide License
We grant you a nonexclusive license to use the Software on a unlimited number of web pages within one domain name and its subdomains.
Unlimited License
We grant you a nonexclusive license to use one copy of the Software on any number of domains and subdomains owned by your company. You are not allowed to resell the software.
Library License
We grant you a nonexclusive license to resell or redistribute the Software only if (a) the Software is sold or redistributed as part of a software application or library that you have developed and of which the Software only comprises a part, and (b) you do not sell or distribute the Software in a form in which your customers could redistribute the Software in a manner that is competitive with our licensing of the Software . You may resell or distribute no more than 10,000 copies of the application or library that includes the software.
Title
We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. Except as contemplated above with respect to Library Licenses, you may not:
copy the Documentation,
copy the Software except to make archival or backup copies as provided above,
sublicense, rent, lease or lend any portion of the Software or Documentation or,
modify or remove any copyright notices from any of the Software files.
Transfers
Except as contemplated above with respect to Library Licenses, you may not transfer your rights to use the Software and Documentation to another person or legal entity.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of the Software to you:
the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
return the price you paid, or
repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
General Provisions
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of California..
5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
© 2004-2006 Zapatec, Inc.
You may copy and distribute this file freely. Any queries and complaints should
be forwarded to Jim.Davies@comlab.ox.ac.uk. If you make any changes to this
file, please do not distribute the results under the name `zed-csp.sty'.
Zeebe Community License v1.0
This Zeebe Community License v1.0 (“this Agreement”) sets forth the terms and conditions on which Camunda Services GmbH (“the Licensor”) makes available this software (“the Software”). BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE TO, AND ARE ENTERING INTO A CONTRACT WITH, THE LICENSOR ON THE TERMS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.
Permission is hereby granted, free of charge, to the Licensee obtaining a copy of this Software and associated documentation files, to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject in each case to the following conditions:
Condition 1: If the Licensee distributes the Software or any derivative works of the Software, the Licensee must attach this Agreement.
Condition 2: Without limiting other conditions in this Agreement, the grant of rights under this Agreement does not include the right to provide a Commercial Workflow Service.
A “Commercial Workflow Service” is a service intended for or directed towards commercial advantage or monetary compensation for the provider of the service enabling third parties (other than the provider’s employees or Contractors) to deploy and execute Custom Workflows or to access the Software via its APIs.
“Contractors” means third parties who are engaged to perform ICT development, maintenance, configuration, training, consulting or associated management services and are acting in that capacity.
“Custom Workflows” means workflow descriptions contained in BPMN or similar configuration files, that specify the logic for executing programmatic services, such that third parties can define these programmatic services freely (as opposed to selecting them from a restricted set of pre-defined programmatic services made available by the provider of the Commercial Workflow Service).
If the Licensee is in breach of the Conditions, this Agreement, including the rights granted under it, will automatically terminate with immediate effect.
SUBJECT AS SET OUT BELOW, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
NOTHING IN THIS AGREEMENT EXCLUDES OR RESTRICTS A PARTY’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE, (B) FRAUD, OR © ANY OTHER LIABILITY TO THE EXTENT THAT IT CANNOT BE LAWFULLY EXCLUDED OR RESTRICTED.
Zeebe Community License v1.1
This Zeebe Community License v1.1 ("this Agreement") sets forth the terms and
conditions on which Camunda Services GmbH ("the Licensor") makes available this
software ("the Software"). BY INSTALLING, DOWNLOADING, ACCESSING, USING OR
DISTRIBUTING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE TO, AND ARE ENTERING
INTO A CONTRACT WITH, THE LICENSOR ON THE TERMS SET OUT IN THIS AGREEMENT. IF
YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE
RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT
THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT ON BEHALF OF SUCH ENTITY. "Licensee" means you, an individual, or the
entity on whose behalf you are receiving the Software.
Permission is hereby granted, free of charge, to the Licensee obtaining a copy
of this Software and associated documentation files, to deal in the Software
without restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sublicense, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished to do so,
subject in each case to the following conditions:
Condition 1: If the Licensee distributes the Software or any derivative works
of the Software, the Licensee must attach this Agreement.
Condition 2: Without limiting other conditions in this Agreement, the grant of
rights under this Agreement does not include the right to provide a Commercial
Process Automation Service.
A "Commercial Process Automation Service" is a service intended for or directed
towards commercial advantage or monetary compensation for the provider of the
service enabling third parties (other than the provider’s employees or
Contractors) to deploy and execute Custom Processes or to access the Software
via its APIs.
"Contractors" means third parties who are engaged to perform ICT development,
maintenance, configuration, training, consulting or associated management
services and are acting in that capacity.
"Custom Processes" means process descriptions contained in BPMN or similar
configuration files, that specify the logic for executing programmatic
services, such that third parties can define these programmatic services freely
(as opposed to selecting them from a restricted set of pre-defined programmatic
services made available by the provider of the Commercial Process Automation
Service).
If the Licensee is in breach of the Conditions, this Agreement, including the
rights granted under it, will automatically terminate with immediate effect.
SUBJECT AS SET OUT BELOW, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO
EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
NOTHING IN THIS AGREEMENT EXCLUDES OR RESTRICTS A PARTY’S LIABILITY FOR (A)
DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE, (B) FRAUD, OR (C)
ANY OTHER LIABILITY TO THE EXTENT THAT IT CANNOT BE LAWFULLY EXCLUDED OR
RESTRICTED.
You can use this code in any manner, as long as you leave my
name on it and don't hold me responsible for any problems with it.
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The Zend Engine License, version 2.00
Copyright (c) 1999-2002 Zend Technologies Ltd. All rights reserved.
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Redistribution and use in source and binary forms, with or without
modification, is permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
3. The names "Zend" and "Zend Engine" must not be used to endorse
or promote products derived from this software without prior
permission from Zend Technologies Ltd. For written permission,
please contact license@zend.com.
4. Zend Technologies Ltd. may publish revised and/or new versions
of the license from time to time. Each version will be given a
distinguishing version number.
Once covered code has been published under a particular version
of the license, you may always continue to use it under the
terms of that version. You may also choose to use such covered
code under the terms of any subsequent version of the license
published by Zend Technologies Ltd. No one other than Zend
Technologies Ltd. has the right to modify the terms applicable
to covered code created under this License.
5. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes the Zend Engine, freely available at
http://www.zend.com"
6. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"The Zend Engine is freely available at http://www.zend.com"
THIS SOFTWARE IS PROVIDED BY ZEND TECHNOLOGIES LTD. ``AS IS'' AND
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ZEND
TECHNOLOGIES LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
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Application Developer and API Agreement
As of June 1, 2022 (the, “Effective Date”), Zendesk, Inc., and its subsidiaries (collectively, “Zendesk”) have updated this Application Developer and API License Agreement (the, “Agreement”). If You are a new Licensee, then this Agreement will be effective as of June 1, 2022. If You are an existing Licensee, We are providing You with prior notice of these changes which will be effective as of July 1, 2022.
By accepting this Agreement, either by accessing or using the API, or authorizing or permitting any individual to access or use the API, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Zendesk that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Licensee”, “You”, “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not access nor use the API.
1. DEFINITIONS
For purposes of this Agreement, capitalized terms shall have the meanings set forth below. Capitalized terms utilized in this Agreement and not defined have the meaning set forth in the Main Services Agreement, available here, or such other applicable agreement between Licensee and Zendesk relating to its access to and use of the Services (“Service Agreement”).
API: means an API and any accompanying or related documentation, source code, SDKs, executable applications and other materials made available by Zendesk, including, without limitation, through its Developer Website.
Applications: mean paid or unpaid web or other software services, applications, or Themes developed by Licensee that utilize or interact with the API or otherwise interact with the Services and are authorized to be Published pursuant to this Agreement.
App Market: means any marketplace or other aggregator or public repository of code or applications.
Intellectual Property Rights: means patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights.
Internal Use: means the use of the API in connection with Licensee’s subscription to a Service for Licensee’s internal business purposes in accordance with the Service Agreement.
Marketplace: means the marketplace or other aggregator or public repository of code or applications provided and operated by Zendesk.
Paid Applications: mean any Application published by Licensee in which a Subscriber pays Licensee and/or Zendesk for a license to use, access and/or deploy such Application.
Payment Processor: means the third party payment processor that processes fees related to a Paid Application.
Privacy Policy: means the Privacy Policy found here.
Publish/Published/Publishing: means the making of any Application available to any Subscriber other than Licensee or for any purpose other than for use by Licensee as a Subscriber for Internal Use.
Subscriber: means and refers to an individual or an Entity that has agreed to a Service Agreement for use of our Services.
Themes: means Applications that allow Subscribers to present customized or non-default appearances and functionality within Zendesk Guide or help center functionality.
2. PURPOSE AND LICENSE
2.1 This Agreement and any and all restrictions and policies implemented by Zendesk from time to time with respect to the API as set forth in the Documentation (“General API Policies”) govern Licensee’s rights to use and access the API for the purpose of developing, implementing and Publishing Applications. Licensee’s access to and use of the API for Internal Use is governed by the Service Agreement and the General API Policies. This Agreement also governs Licensee’s Publishing of Applications that do not utilize or interact with the API, but otherwise interact with the Services.
2.2 Subject to this Agreement, including the restrictions set forth in Section 3, Zendesk grants to Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term (as defined in Section 13) to: (a) use and make calls to the API to develop, implement and distribute Applications solely for use by Subscribers in connection with the Services; (b) use and display the Zendesk Marks only to identify that the Service Data originates from the Services; and (c) market and sell Applications through the Marketplace in accordance with this Agreement.
2.3 Licensee grants to Zendesk a non-exclusive, worldwide, fully paid-up, royalty-free license, for as long as its Applications are Published to a Marketplace to: (a) market, sell, distribute, use, perform, and display such Applications; and (b) permit others to access, install, purchase and (in the case of downloadable software applications) download such Applications through the Marketplace. Licensee further grants to Zendesk a non-exclusive, worldwide, fully paid-up, royalty-free license, during the Term, to use Licensee’s name, Application name(s) and associated logos (collectively, “Licensee Marks”) solely to enable Zendesk to exercise its rights and perform its obligations under this Agreement. Any use of Licensee’s Marks shall be in accordance with Licensee’s reasonable trademark usage policies if such policies are communicated to Zendesk.
2.4 Zendesk shall have, and Licensee hereby grants to Zendesk, a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into any of Zendesk’s products or services (including the Services and/or the API) and/or otherwise use in any manner any suggestions, enhancement requests, recommendations or other feedback Zendesk receives from Licensee.
3. RESTRICTIONS AND RESPONSIBILITIES
The licenses granted in Section 2 of this Agreement are explicitly conditioned on Licensee’s adherence to the following restrictions and compliance with its responsibilities as set forth herein.
3.1 Licensee must comply with all restrictions set forth in this Agreement, the Privacy Policy, and the General API Policies in all uses of the API and Service Data, and in Publishing Applications. Licensee must also comply with all restrictions set forth in this Agreement and the Trademark Usage Guidelines in all uses of Zendesk Marks. If Zendesk believes, in its sole discretion, that Licensee has violated or attempted to violate any term, condition or the spirit of this Agreement, the license afforded Licensee pursuant to this Agreement may be temporarily or permanently revoked, with or without notice to Licensee.
3.2 In order to use and access the API, Licensee must obtain API credentials (a “Token”) by becoming a Subscriber. Licensee may not share its Token with any third party, shall keep such Token and all Login information secure, and shall use the Token as Licensee’s sole means of accessing the API.
3.3 Licensee’s Applications shall not substantially replicate products or services offered by Zendesk, including, without limitation, functions or clients on platforms (such as iOS or Android) where Zendesk offers its own client or function. Subject to the preceding sentence and the parties’ other rights and obligations under this Agreement, each party agrees that the other party may develop and publish applications that are similar to or otherwise compete with such party’s applications. Applications may not use or access the API or a Service in order to monitor the availability, performance, or functionality of any of the API or a Service or for any similar benchmarking purposes.
3.4 Applications shall not, in any manner, display any form of advertising within or connected to any Service Data received by any Subscriber, Agent or End-User.
3.5 Licensee is not permitted to Publish any Applications on any App Market that is not Published in identical form on the Marketplace.
3.6 Licensee shall not, under any circumstances, through Applications or otherwise, repackage or resell the Services, or any part thereof, API or Service Data. Licensee shall not use or assist a third party in using the API or any Software in such a way to circumvent the requirement for an individual Agent Login for each individual who (a) leverages the Services to interact with End-Users; (b) Processes data related to interactions with End-Users; or (c) absent a license from Us otherwise, Processes data related to interactions originating from a Non-Zendesk Service that provides functionality similar to functionality provided by the Services and which would, pursuant to this Agreement, require an individual Agent Login if utilizing the Services for such interaction. Further, Licensee shall not use or assist a third party in using the API or any Software in such a way to circumvent applicable Service Plan restrictions or Agent licensing restrictions that are enforced in the Service user interface. Licensee is not permitted to use the API or any Service Data in any manner that does or could potentially undermine the security of the Services, the API, Service Data or any other data or information stored or transmitted using the Services. In addition, Licensee shall not, and shall not attempt to: (a) interfere with, modify or disable any features, functionality or security controls of the Services or the API, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Service or the API, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Services or the API.
3.7 Licensee acknowledges that Licensee is solely responsible, and that Zendesk has no responsibility or liability of any kind, for the content, development, operation, support or maintenance of Applications. Without limiting the foregoing, Licensee will be solely responsible for (a) the technical installation and operation of its Applications; (b) creating and displaying information and content on, through or within its Applications; (c) ensuring that its Applications do not violate or infringe the Intellectual Property Rights of any third party; (d) ensuring that Applications are not offensive, profane, obscene, libelous or otherwise illegal; (e) ensuring that its Applications do not contain or introduce Malicious Software into a Service, an API, any Service Data or other data stored or transmitted using the Service; (f) ensuring that its Applications are not designed to or utilized for the purpose of spamming any Zendesk subscribers, Agents or End-Users; and (g) ensuring that its Applications do not violate any applicable law or third party right.
3.8 Licensee will respect and comply with the technical and policy-implemented limitations of the API and the restrictions of this Agreement in designing and implementing Applications. Without limiting the foregoing, Licensee shall not violate any explicit rate limitations on calling or otherwise utilizing an API.
3.9 Licensee shall not make any modifications to any Service Data, other than as reasonably necessary to modify the formatting of such Service Data in order to display it in a manner appropriate for the pertinent Applications.
3.10 In order to Publish and maintain a Paid Application on the Marketplace, Licensee must (a) submit such Application to Zendesk for approval and listing as a Paid Application; (b) sign up and register for an account with the Payment Processor under the terms communicated to Licensee by the Payment Processor; (c) maintain a relevant terms of service and privacy policy to govern Subscriber’s use of the Paid Application; and (d) provide ongoing commercially reasonable support to users, purchasers and/or Subscribers of the Paid Application.
3.11 Licensee acknowledges and agrees that Zendesk may, at its sole discretion, initiate a refund related to any Purchase Fee (defined below) paid to Licensee by Subscriber in connection with a Subscriber’s purchase of a Paid Application in the event that Zendesk determines such a refund is appropriate. In addition, Licensee acknowledges and agrees that any such refund shall be the exclusive financial responsibility of Licensee. Without limiting any other rights afforded Zendesk with respect to such refund, the parties acknowledge and agree that any such refund may be processed through Payment Processor and taken out of Licensee’s Payment Processor account and returned to Subscriber. Licensee agrees that Zendesk shall not be responsible for and will not issue any refunds out of its funds related to Licensee’s Applications for any reason, including Licensee’s failure to support the Application.
3.12 Licensee agrees that Zendesk may perform periodic vulnerability assessments, penetration testing and scanning (collectively, “Security Assessment”) of any Application developed by Licensee, in accordance with the following principles:
(i) Security Assessments will be carried out in such a manner as to reasonably avoid disruption in the use of the Application by Subscribers. Despite the foregoing, Security Assessments may in rare cases cause downtime or other adverse effects on the Application or Licensee’s systems;
(ii) Where possible and practicable, Zendesk shall provide notice to Licensee no less than seven (7) days prior to the Security Assessment.
Licensee agrees to cooperate reasonably with such Security Assessments. Licensee agrees that Zendesk, its employees, and contractors shall not be liable to Licensee, Subscribers or any third party for damages or losses arising in connection with Security Assessments performed in accordance with this Section 3.12. Zendesk conducts such Security Assessments for its own benefit and Licensee may not rely on, publicly disclose or promote the successful Application passage of such evaluation. If the Application, in whole or in part, runs outside of Zendesk’s systems, the Security Assessment may include remote application-level security testing of the Application, and network-level security testing including a vulnerability threat assessment. Zendesk may conduct such testing itself or through a third party.
4. REPRESENTATIONS, WARRANTIES AND COVENANTS
4.1 To the extent Licensee’s Applications transmit Service Data outside a Service, Licensee represents and warrants that Licensee has notified all users of such Applications that their Service Data will be transmitted outside the Service and that Zendesk is not responsible for the privacy, security or integrity of such Service Data. Licensee further represents and warrants that to the extent Licensee’s Applications store, process or transmit Service Data, neither Licensee nor Licensee’s Application will, without appropriate prior user consent or except to the extent required by applicable law (a) modify the content of Service Data in a manner that adversely affects the integrity of Service Data; (b) disclose Service Data to any third party; or (c) use Service Data for any purpose other than providing the Application functionality to users of such Application. Licensee shall maintain and handle all Service Data in accordance with privacy and security measures reasonably adequate to preserve the confidentiality and security of all Service Data and all applicable privacy laws and regulations, and in no event less protective than the measures and policies set forth in the Privacy Policy.
4.2 Licensee represents, warrants and covenants that (a) its Applications and Licensee Marks, the use of such Applications by its users, and the activities with respect to such Applications and Licensee Marks undertaken by Zendesk in accordance with the terms of this Agreement, do not and will not violate, misappropriate or infringe upon the Intellectual Property Rights of any third party; (b) Licensee will comply with all applicable local, state, national and international laws and regulations, including, without limitation, all applicable export control laws, and maintain all licenses, permits and other permissions necessary to develop, implement and Publish its Applications; (c) its Applications do not and will not contain or introduce any Malicious Software into the Service, the API, any Service Data, or other data stored or transmitted using the Service; (d) its Applications are not designed to or utilized for the purpose of spamming any Subscribers, Agents or End-Users; (e) it has all right, power and authority to grant the licenses granted to Zendesk herein; and (f) it acknowledges Zendesk’s right to charge transaction and/or listing fees as provided in Section 8 herein.
4.3 Licensee represents, warrants and covenants that it will include the mandatory terms of service provisions listed in Section 4.4 below (“Mandatory Service Terms”) in the terms of service (“App Terms of Service”) that govern use of its Applications by Subscribers. Such Mandatory Service Terms are a minimum set of provisions and Licensee may have more exhaustive App Terms of Service. Licensee may change the term references to match the terms used in its App Terms of Service.
4.4 Mandatory Service Terms:
(i) The Licensee is the licensor of the Application and Zendesk is not a party to the App Terms of Service.
(ii) Except as otherwise limited by any App Terms of Service imposed or required by the Licensee, Licensee grants Subscriber a perpetual, worldwide, non-exclusive, non-transferable and non-sublicensable license to access, deploy, use and integrate the Application in connection with Subscriber’s active Account for a Service.
(iii) Any information that Licensee collects, stores and processes from Subscriber or the systems Subscriber uses to access or deploy the Application, including Service Data, will be subject to the App Terms of Service, privacy notice, or similar terms that the Licensor provides to Subscriber, and will not be subject to the Privacy Policy.
(iv) Subscriber may not modify, reverse engineer, decompile or disassemble the Application in whole or in part, or create any derivative works from or sublicense any rights in the Application, unless otherwise expressly authorized in writing by Licensor.
(v) Each of Subscriber and the Licensor shall maintain all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “IP Rights”). The rights granted to Subscriber to use the Application under these App Terms of Service do not convey any additional rights in the Application or Licensor Service, or in any IP Rights associated therewith. Subject only to limited rights to access and use the Application as expressly stated herein, all rights, title and interest in and to the Application and all hardware, software and other components of or used to provide the Application, including all related IP Rights, will remain with and belong exclusively to the Licensor. Licensor shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Application or otherwise use any suggestions, enhancement requests, recommendations or other feedback it receives from Subscriber.
-End of Mandatory Service Terms-
5. MODIFICATIONS
Licensee acknowledges and agrees that Zendesk may modify this Agreement, the API, and the General API Policies, from time to time (a “Modification”). Licensee will be notified of a Modification by one of the following methods: (a) through notifications or posts on the Zendesk Developer Website; (b) through notices sent through the Services, Zendesk’s Sites, or any other website owned and operated by Zendesk; or (c) through a form of direct communication from Zendesk to Licensee. Licensee further acknowledges and agrees that such Modifications may be implemented at any time and without any notice to Licensee. Licensee shall, within thirty (30) days from the date of first notice of any Modification(s) (or such shorter period of time specified in the notice of the Modification(s)) (the “Conformance Period”) comply with such Modification(s) by implementing and using the most current version of the API and making any changes to Applications that may be required as a result of such Modification(s). Licensee acknowledges that a Modification may have an adverse effect on Applications, including but not limited to changing the manner in which Applications communicate with the API and display or transmit Service Data. Zendesk shall have no liability of any kind to Licensee or any user of Licensee’s Applications with respect to such Modifications or any adverse effects resulting from such Modifications. Licensee’s continued access to or use of the Services or API following the Conformance Period shall constitute binding acceptance of the Modification(s) at issue.
6. OWNERSHIP
Subject to the limited licenses expressly provided in this Agreement, nothing in this Agreement transfers or assigns to Zendesk any of Licensee’s Intellectual Property Rights in its Applications or Licensee’s Marks or other technology, and nothing in this Agreement transfers or assigns to Licensee any of Zendesk’s Intellectual Property Rights in the Services, the API, the Zendesk Marks, or Zendesk’s other technology or the respective Intellectual Property Rights in any Service Data of Zendesk or its Subscribers, Agents or End-Users.
7. SUPPORT
This Agreement does not entitle Licensee to any support for the Services or the API, unless Licensee makes separate arrangements with Zendesk for such support. Licensee is solely responsible for providing all support and technical assistance to End-Users of its Applications and Subscribers who access, deploy and/or purchase its Applications. Licensee acknowledges and agrees that Zendesk has no obligation to provide support or technical assistance to the users of Applications and Licensee shall not represent to any such users that Zendesk is available to provide such support. Licensee agrees to use commercially reasonable efforts to provide reasonable support to users of its Applications.
8. FEES
If Licensee submits a Paid Application, such application is approved by Zendesk, and Licensee follows the required registration and listing steps contained herein and as otherwise communicated to Licensee, then Licensee may list the Paid Application on the Marketplace and charge Subscribers to purchase the Paid Application. Fees collected from the sale of Licensee’s Paid Application (“Purchase Fees”) must be processed through the Payment Processor account Licensee registered for in connection with listing the Paid Application. Purchase Fees shall be processed from the Subscriber to Licensee through the Payment Processor. Purchase Fees shall be transferred to Licensee’s Payment Processor account pursuant to the terms of the agreement entered into between Licensee and Payment Processor. Zendesk reserves the right to charge fees to Licensee related to any aspect of the Marketplace at its sole discretion either as indicated to Licensee at time of listing of the Paid Application or upon ten (10) days’ notice to Licensee. Continued listing of the Paid Application on the Marketplace after notice of Zendesk’s collection of such fees, shall be deemed consent to the imposition and collection of such charges.
9. CONFIDENTIALITY
Licensee may from time to time, gain access to Confidential Information. Licensee may use Confidential Information only to the extent necessary to exercise its rights under this Agreement. Subject to the express permissions set forth herein, Licensee may not disclose Confidential Information to a third party without the prior express consent of Zendesk, provided in writing or by email. Without limiting any other obligation of Licensee under this Agreement, Licensee agrees that it will protect Confidential Information from unauthorized use, access, or disclosure in the same manner that Licensee would use to protect its own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
10. DISCLAIMER OF WARRANTIES
ALL ASPECTS OF THE SERVICES AND THE API, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ZENDESK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ZENDESK DOES NOT WARRANT THAT THE SERVICE OR API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM ZENDESK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. LIMITATION OF LIABILITY
11.1 EXCEPT FOR LICENSEE’S INDEMNIFICATION OBLIGATIONS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER LOSS OR DAMAGES INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, THE API OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
11.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ZENDESK’S AGGREGATE LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT THIS AGREEMENT, SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM.
11.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to Licensee. IN THESE JURISDICTIONS, ZENDESK’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The limitations set forth in this Section 11 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
12. INDEMNIFICATION
Licensee will indemnify and hold Zendesk harmless against any claim brought by a third party against Zendesk arising from or related to any breach of an obligation, representation, warranty, covenant or other provision of this Agreement by Licensee or any matter which Licensee has expressly agreed to be responsible pursuant to this Agreement.
13. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and will remain in effect until terminated pursuant to this Section 13 (the, “Term”). Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted to Licensee hereunder. Upon termination of this Agreement for any reason, Licensee shall cease using, and either return to Zendesk, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of any materials licensed pursuant to this Agreement and any Confidential Information in Licensee’s possession, and shall certify to Zendesk that such actions have occurred. Sections 3, 4, 6, 8-16 and 18 shall survive termination of this Agreement.
14. ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS
14.1 Licensee may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or Licensee’s rights under this Agreement or delegate performance of Licensee’s duties under this Agreement without Zendesk’s prior consent, which consent will not be unreasonably withheld. Zendesk may, without Licensee’s consent, assign this Agreement to any Affiliate or in connection with any merger or change of control of Zendesk or the sale of all or substantially all of its assets provided that any such successor agrees to fulfill its obligations pursuant to this Agreement. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
14.2 This Agreement, together with any other incorporated agreements or policies, constitutes the entire agreement among the parties with respect to the subject matter of this Agreement. Either party’s failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.
15. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
16. RELATIONSHIP OF THE PARTIES
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
17. NOTICE
All notices to be provided by Zendesk to Licensee under this Agreement may be delivered as described in Section 5 above. Licensee must give notice to Zendesk in writing by Courier or U.S. Mail to the following address: Zendesk, Inc., Attn: Legal Department, 989 Market St., San Francisco, CA 94103 USA. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
18. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in San Francisco County, California. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Services by You, Agents or End Users.
SPECIAL EXCEPTION GRANTED BY COPYRIGHT HOLDERS
As a special exception, copyright holders give you permission to link this
library with independent modules to produce an executable, regardless of the
license terms of these independent modules, and to copy and distribute the
resulting executable under terms of your choice, provided that you also meet,
for each linked independent module, the terms and conditions of the license of
that module. An independent module is a module which is not derived from or
based on this library. If you modify this library, you must extend this
exception to your version of the library.
This program may be used and copied freely providing this copyright notice
is not removed.
This software is provided "as is" and any express or implied waranties,
including but not limited to, the implied warranties of merchantability and
fitness for a particular purpose are disclaimed. In no event shall
Zeus Technology Ltd. be liable for any direct, indirect, incidental, special,
exemplary, or consequential damaged (including, but not limited to,
procurement of substitute good or services; loss of use, data, or profits;
or business interruption) however caused and on theory of liability. Whether
in contract, strict liability or tort (including negligence or otherwise)
arising in any way out of the use of this software, even if advised of the
possibility of such damage.
Copyright, licence and disclaimer
Stickies is freeware. You may use this software on any number of computers for as long as you like, and you don't have to pay a penny. There are no crippled features for registered users only, no time delays and no stupid nag screens.
All that said, Stickies is not public domain software. I allow the free distribution of the software, but I retain ownership and copyright of the software and its source code in its entirety.
You may use and/or distribute this software only subject to the following conditions:
You may not modify the program or documentation files in any way.
You may not sell the software or charge a distribution fee, except to recover the media costs.
You may not remove my name or copyright notification, and you may not claim to be the owner or author of this software.
You understand and agree with this licence and with the disclaimer printed below.
Disclaimer
While every care has been taken to ensure that Stickies is safe, non-destructive and will not lose your data, you use this product entirely at your own risk. The author will not be held responsible or liable for any damages resulting from your use, misuse, or inability to use this product.
If you do not agree with this disclaimer or the above conditions of use, you should not use this product.
Zimbra Public License, Version 1.3 (ZPL)
This Zimbra Public License (this "Agreement") is a legal agreement that
describes the terms under which VMware, Inc., a Delaware corporation having its
principal place of business at 3401 Hillview Avenue, Palo Alto, California 94304
("VMware") will provide software to you via download or otherwise ("Software").
By using the Software, you, an individual or an entity ("You") agree to the
terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set
forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 - Subject to the terms and conditions of this Agreement, VMware hereby
grants to You, under any and all of its copyright interest in and to the
Software, a royalty-free, non-exclusive, non-transferable license to copy,
modify, compile, execute, and distribute the Software and Modifications. For the
purposes of this Agreement, any change to, addition to, or abridgement of the
Software made by You is a "Modification;" however, any file You add to the
Software that does not contain any part of the Software is not a "Modification."
1.2 - If You are an individual acting on behalf of a corporation or other
entity, Your use of the Software or any Modification is subject to Your having
the authority to bind such corporation or entity to this Agreement. Providing
copies to persons within such corporation or entity is not considered
distribution for purposes of this Agreement.
1.3 - For the Software or any Modification You distribute in source code format,
You must do so only under the terms of this Agreement, and You must include a
complete copy of this Agreement with Your distribution. With respect to any
Modification You distribute in source code format, the terms of this Agreement
will apply to You in the same way those terms apply to VMware with respect to
the Software. In other words, when You are distributing Modifications under this
Agreement, You "stand in the shoes" of VMware in terms of the rights You grant
and how the terms and conditions apply to You and the licensees of Your
Modifications. Notwithstanding the foregoing, when You "stand in the shoes" of
VMware, You are not subject to the jurisdiction provision under Section 7, which
requires all disputes under this Agreement to be subject to the jurisdiction of
federal or state courts of northern California.
1.4 - For the Software or any Modification You distribute in compiled or object
code format, You must also provide recipients with access to the Software or
Modification in source code format along with a complete copy of this Agreement.
The distribution of the Software or Modifications in compiled or object code
format may be under a license of Your choice, provided that You are in
compliance with the terms of this Agreement. In addition, You must make
absolutely clear that any license terms applying to such Software or
Modification that differ from this Agreement are offered by You alone and not by
VMware, and that such license does not restrict recipients from exercising
rights in the source code to the Software granted by VMware under this Agreement
or rights in the source code to any Modification granted by You as described in
Section 1.3.
1.5 - This Agreement does not limit Your right to distribute files that are
entirely Your own work (i.e., which do not incorporate any portion of the
Software and are not Modifications) under any terms You choose.
2. Support
VMware has no obligation to provide technical support or updates to You. Nothing
in this Agreement requires VMware to enter into any license with You for any
other edition of the Software.
3. Intellectual Property Rights
3.1 - Except for the license expressly granted under copyright in Section 1.1,
no rights, licenses or forbearances are granted or may arise in relation to this
Agreement whether expressly, by implication, exhaustion, estoppel or otherwise.
All rights, including all intellectual property rights, that are not expressly
granted under this Agreement are hereby reserved.
3.2 - In any copy of the Software or in any Modification you create, You must
retain and reproduce, any and all copyright, patent, trademark, and attribution
notices that are included in the Software in the same form as they appear in the
Software. This includes the preservation of attribution notices in the form of
trademarks or logos that exist within a user interface of the Software.
3.3 - This license does not grant You rights to use any party's name, logo, or
trademarks, except solely as necessary to comply with Section 3.2.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VMWARE MAKES
NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO
THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE SOFTWARE WILL BE
ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT
ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN
INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY
MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF
COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER,
WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING
NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
6. Term and Termination
6.1 - This Agreement will continue in effect unless and until terminated earlier
pursuant to this Section 6.
6.2 - In the event You violate the terms of this Agreement, VMware may terminate
this Agreement.
6.3 - All licenses granted hereunder shall terminate upon the termination of
this Agreement. Termination will be in addition to any rights and remedies
available to VMware at law or equity or under this Agreement.
6.4 - Termination of this Agreement will not affect the provisions regarding
reservation of rights (Section 3.1), provisions disclaiming or limiting VMware's
liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section
7), which provisions will survive termination of this Agreement.
7. Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the
subject matter of this Agreement and supersedes all previous communications,
representations, understandings and agreements, either oral or written, between
the parties with respect to said subject matter. The relationship of the parties
hereunder is that of independent contractors, and this Agreement will not be
construed as creating an agency, partnership, joint venture or any other form of
legal association between the parties. If any term, condition, or provision in
this Agreement is found to be invalid, unlawful or unenforceable to any extent,
this Agreement will be construed in a manner that most closely effectuates the
intent of this Agreement. Such invalid term, condition or provision will be
severed from the remaining terms, conditions and provisions, which will continue
to be valid and enforceable to the fullest extent permitted by law. This
Agreement will be interpreted and construed in accordance with the laws of the
State of California and the United States of America, without regard to conflict
of law principles. The U.N. Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement. All disputes arising out of this
Agreement involving VMware or any of its subsidiaries shall be subject to the
jurisdiction of the federal or state courts of northern California, with venue
lying in Santa Clara County, California. No rights may be assigned, no
obligations may be delegated, and this Agreement may not be transferred by You,
in whole or in part, whether voluntary or by operation of law, including by way
of sale of assets, merger or consolidation, without the prior written consent of
VMware, and any purported assignment, delegation or transfer without such
consent shall be void ab initio. Any waiver of the provisions of this Agreement
or of a party's rights or remedies under this Agreement must be in writing to be
effective. Failure, neglect or delay by a party to enforce the provisions of
this Agreement or its rights or remedies at any time, will not be construed or
be deemed to be a waiver of such party's rights under this Agreement and will
not in any way affect the validity of the whole or any part of this Agreement or
prejudice such party's right to take subsequent action.
Zimbra Public License, Version 1.4 (ZPL)
This Zimbra Public License (this "Agreement") is a legal agreement that describes the terms under which Zimbra, Inc., a Texas corporation ("Zimbra") will provide software to you via download or otherwise ("Software"). By using the Software, you, an individual or an entity ("You") agree to the terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 - Subject to the terms and conditions of this Agreement, Zimbra hereby grants to You, under any and all of its copyright interest in and to the Software, a royalty-free, non-exclusive, non-transferable license to copy, modify, compile, execute, and distribute the Software and Modifications. For the purposes of this Agreement, any change to, addition to, or abridgement of the Software made by You is a "Modification;" however, any file You add to the Software that does not contain any part of the Software is not a "Modification."
1.2 - If You are an individual acting on behalf of a corporation or other entity, Your use of the Software or any Modification is subject to Your having the authority to bind such corporation or entity to this Agreement. Providing copies to persons within such corporation or entity is not considered distribution for purposes of this Agreement.
1.3 - For the Software or any Modification You distribute in source code format, You must do so only under the terms of this Agreement, and You must include a complete copy of this Agreement with Your distribution. With respect to any Modification You distribute in source code format, the terms of this Agreement will apply to You in the same way those terms apply to Zimbra with respect to the Software. In other words, when You are distributing Modifications under this Agreement, You "stand in the shoes" of Zimbra in terms of the rights You grant and how the terms and conditions apply to You and the licensees of Your Modifications. Notwithstanding the foregoing, when You "stand in the shoes" of Zimbra, You are not subject to the jurisdiction provision under Section 7, which requires all disputes under this Agreement to be subject to the jurisdiction of federal or state courts of Northern Texas.
1.4 - For the Software or any Modification You distribute in compiled or object code format, You must also provide recipients with access to the Software or Modification in source code format along with a complete copy of this Agreement. The distribution of the Software or Modifications in compiled or object code format may be under a license of Your choice, provided that You are in compliance with the terms of this Agreement. In addition, You must make absolutely clear that any license terms applying to such Software or Modification that differ from this Agreement are offered by You alone and not by Zimbra, and that such license does not restrict recipients from exercising rights in the source code to the Software granted by Zimbra under this Agreement or rights in the source code to any Modification granted by You as described in Section 1.3.
1.5 - This Agreement does not limit Your right to distribute files that are entirely Your own work (i.e., which do not incorporate any portion of the Software and are not Modifications) under any terms You choose.
2. Support
Zimbra has no obligation to provide technical support or updates to You. Nothing in this Agreement requires Zimbra to enter into any license with You for any other edition of the Software.
3. Intellectual Property Rights
3.1 - Except for the license expressly granted under copyright in Section 1.1, no rights, licenses or forbearances are granted or may arise in relation to this Agreement whether expressly, by implication, exhaustion, estoppel or otherwise. All rights, including all intellectual property rights, that are not expressly granted under this Agreement are hereby reserved.
3.2 - In any copy of the Software or in any Modification you create, You must retain and reproduce any and all copyright, patent, trademark, and attribution notices that are included in the Software in the same form as they appear in the Software. This includes the preservation of attribution notices in the form of trademarks or logos that exist within a user interface of the Software.
3.3 - This license does not grant You rights to use any party’s name, logo, or trademarks, except solely as necessary to comply with Section 3.2.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ZIMBRA MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY, ZIMBRA DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, ZIMBRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ZIMBRA HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY MODIFICATIONS THERETO, AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
IN NO EVENT WILL ZIMBRA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, AND COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF ZIMBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Term and Termination
6.1 - This Agreement will continue in effect unless and until terminated earlier pursuant to this Section 6.
6.2 - In the event You violate the terms of this Agreement, Zimbra may terminate this Agreement.
6.3 - All licenses granted hereunder shall terminate upon the termination of this Agreement. Termination will be in addition to any rights and remedies available to Zimbra at law or equity or under this Agreement.
6.4 - Termination of this Agreement will not affect the provisions regarding reservation of rights (Section 3.1), provisions disclaiming or limiting Zimbra’s liability (Sections 4 and 5), Termination (Section 6), or Miscellaneous (Section 7), which provisions will survive termination of this Agreement.
7. Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed as creating an agency, partnership, joint venture, or any other form of legal association between the parties. If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, this Agreement will be construed in a manner that most closely effectuates the intent of this Agreement. Such invalid term, condition or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. This Agreement will be interpreted and construed in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement involving Zimbra or any of its parents or subsidiaries shall be subject to the jurisdiction of the federal or state courts of Northern Texas, with venue lying in Dallas County, Texas. No rights may be assigned, no obligations may be delegated, and this Agreement may not be transferred by You, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger, or consolidation, without the prior written consent of Zimbra, and any purported assignment, delegation, or transfer without such consent shall be void ab initio. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed or be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action.
Zipeg License
Redistribution and use in any forms, without modification, is permitted provided
that the following conditions are met:
Redistributions must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
Neither the name of the www.zipeg.com nor the names of its contributors may be
used to endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ZIPList5 Geocode Duplication License Addendum
DUPLICATION LICENSE ADDENDUM
Please read this ZIPList5 Geocode Duplication License Addendum before duplicating ZIPList5 Geocode. This Duplication License Addendum amends and supplements the ZIPList5 Geocode End-User Enterprise License or End-User Workstation License to which it is attached. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this Addendum by duplicating and distribution to third parties derivative works containing ZIPList5 Geocode in whole or in part. If you do not agree to the terms of this Duplication License Addendum, you are not permitted to duplicate ZIPList5 Geocode for distribution to third parties, and you must immediately notify CD Light, LLC for a refund of the duplication license addendum purchase price.
GRANT OF LICENSE
CD Light, LLC grants Licensee the following additional non-exclusive, world-wide rights with respect to ZIPList5 Geocode. Licensee may: (a) use ZIPList5 Geocode in accordance with the terms of this Addendum; (b) make multiple copies of ZIPList5 Geocode for backup or archival purposes; (c) incorporate ZIPList5 Geocode, in whole or in part, into a derivative work, for commercial or non-profit distribution outside of Licensee's organization; and (d) make and sell multiple copies of the derivative work containing ZIPList5 Geocode, provided Licensee makes no more copies than the number specified by the ZIPList5 Geocode Duplication License Addendum invoice issued to Licensee by CD Light, LLC.
RESTRICTIONS
Licensee may NOT: (a) use, copy, or distribute ZIPList5 Geocode except as provided in this Addendum; (b) modify, adapt, or translate ZIPList5 Geocode in whole or in part, except as provided in this Addendum; or (c) copy and/or distribute ZIPList5 Geocode in its entirety as a database file containing nothing other than raw data.
DISTRIBUTION
Permission to distribute ZIPList5 Geocode, in whole or in part, as part of a derivative work, outside of Licensee's organization, is specifically granted by this Addendum.
DERIVATIVE WORKS
Permission to prepare derivative works, incorporating ZIPList5 Geocode in whole or in part is granted to Licensee. Such derivative works may be distributed commercially or privately outside of the Licensee's organization.
TERM
The term of this Addendum shall be perpetual from the date of the invoice for ZIPList5 Geocode issued to Licensee by CD Light, LLC. All provisions of this Addendum apply to all versions of ZIPList5 Geocode delivered to Licensee by CD Light, LLC under the terms of the attached ZIPList5 Geocode Workstation or Enterprise License Agreement, and remain in effect after all such version updates have been delivered to Licensee by CD Light, LLC.
VERSION UPDATES
This Addendum entitles Licensee to duplicate the one version ("Current Version") of ZIPList5 Geocode which is available from CD Light, LLC on the date of the invoice issued to Licensee by CD Light, LLC. However, if Licensee has paid for a quarterly subscription for ZIPList5 Geocode, Licensee is entitled to receive the Current Version, plus the next three (3) quarterly version updates of ZIPList5 Geocode. If Licensee has paid for a monthly subscription for ZIPList5 Geocode, Licensee is entitled to receive the Current Version, plus the next eleven (11) monthly version updates of ZIPList5 Geocode.
OWNERSHIP & COPYRIGHT
Title, ownership rights and intellectual property rights in and to ZIPList5 Geocode and all copies thereof shall remain in CD Light, LLC and/or its licensors. ZIPList5 Geocode is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright notice from ZIPList5 Geocode; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of ZIPList5 Geocode.
ZIPList5 Geocode, in its various forms, is a compilation of information gathered by CD Light, LLC. ZIPList5 Geocode contains a large body of information that is public knowledge, but at the same time it represents a substantial creative compilation effort. Accordingly, it enjoys the same copyright protection as other reference works, such as dictionaries, that contain compilation effort.
If Licensee has any questions concerning this Addendum, please send email to support@zipinfo.com or write to CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758, USA.
ZIPList5 Geocode End-User Enterprise License Agreement
LICENSE AGREEMENT
Please read this License Agreement before using ZIPList5 Geocode. This is a contract with important legal consequences. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this Agreement by using or copying ZIPList5 Geocode. If you do not agree to the terms of this License Agreement, you are not permitted to use ZIPList5 Geocode, and you must immediately delete all downloaded files of ZIPList5 Geocode from your computer(s) and/or promptly return the ZIPList5 Geocode media to CD Light, LLC for a refund of the purchase price.
GRANT OF LICENSE
CD Light, LLC grants Licensee the following non-exclusive, world-wide rights with respect to ZIPList5 Geocode. Licensee may: (a) use ZIPList5 Geocode in accordance with the terms of this Agreement; (b) make multiple copies of ZIPList5 Geocode for backup or archival purposes; (c) install ZIPList5 Geocode at multiple locations and/or on multiple computers or workstations. ZIPList5 Geocode may be installed on multiple network servers, in whole or in part, or as part of a derivative work, and may be used simultaneously by an unlimited number of users within Licensee's organization.
RESTRICTIONS
Licensee may NOT: (a) use or copy ZIPList5 Geocode except as provided in this Agreement; (b) transfer, rent, lease, lend, copy, modify, translate, sublicense, timeshare, or electronically transmit ZIPList5 Geocode or any derivatives thereof to any third party; (c) modify, adapt, or translate ZIPList5 Geocode in whole or in part, except as provided in this Agreement; or (d) incorporate ZIPList5 Geocode into another product for commercial or non-profit distribution.
DISTRIBUTION
Permission to distribute ZIPList5 Geocode, in whole or in part, or as part of a derivative work, outside of Licensee's organization, is not granted by this Agreement, and is specifically prohibited.
DERIVATIVE WORKS
Permission to prepare derivative works, incorporating ZIPList5 Geocode in whole or in part, for use only within Licensee's organization, is granted to Licensee. Such derivative works may be distributed within Licensee's organization and/or used simultaneously used by an unlimited number of users within Licensee's organization.
Such derivative works may not be used or distributed, commercially or privately, outside of the Licensee's organization. The Licensee may obtain the additional right to distribute derivative works incorporating ZIPList5 Geocode in whole or in part, outside of Licensee's organization, but only by acquiring an additional ZIPList5 Geocode Duplication License Addendum and paying the appropriate royalty fee to CD Light, LLC.
TERM
The term of this Agreement shall be perpetual from the date of the invoice for ZIPList5 Geocode issued to Licensee by CD Light, LLC.
VERSION UPDATES
This Agreement entitles Licensee to use the one version ("Current Version") of ZIPList5 Geocode which is available from CD Light, LLC on the date of the invoice issued to Licensee by CD Light, LLC. However, if Licensee has paid for a quarterly subscription for ZIPList5 Geocode, Licensee is entitled to receive the Current Version, plus the next three (3) quarterly version updates of ZIPList5 Geocode. If Licensee has paid for a monthly subscription for ZIPList5 Geocode, Licensee is entitled to receive the Current Version, plus the next eleven (11) monthly version updates of ZIPList5 Geocode. All provisions of this Agreement apply to all versions of ZIPList5 Geocode delivered to Licensee by CD Light, LLC, and remain in effect after all version updates have been delivered to Licensee by CD Light, LLC.
OWNERSHIP & COPYRIGHT
Title, ownership rights and intellectual property rights in and to ZIPList5 Geocode and all copies thereof shall remain in CD Light, LLC and/or its licensors. ZIPList5 Geocode is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright notice from ZIPList5 Geocode; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of ZIPList5 Geocode.
ZIPList5 Geocode, in its various forms, is a compilation of information gathered by CD Light, LLC. ZIPList5 Geocode contains a large body of information that is public knowledge, but at the same time it represents a substantial creative compilation effort. Accordingly, it enjoys the same copyright protection as other reference works, such as dictionaries, that contain compilation effort.
LIMITED WARRANTY
For a period of thirty (30) days from the date of the ZIPList5 Geocode invoice issued to Licensee by CD Light, LLC, CD Light, LLC warrants that: (a) the media (if any) on which ZIPList5 Geocode is distributed will be free from defects in material and workmanship under normal use; and (b) the database conforms substantially to the accompanying Documentation. Specifically, CD Light, LLC makes no representation or warranty that ZIPList5 Geocode data, or the accompanying Documentation are "error-free", or meet Licensee's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition, or other term is limited to the physical media (if any) and documentation, and is limited to the 30-day duration of the limited warranty. If CD Light, LLC receives notification within the warranty period of defects in materials or workmanship, and determines that such notification is correct, CD Light, LLC will replace the defective media or documentation.
NO OTHER WARRANTIES
CD LIGHT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
LIMITATION OF LIABILITY
The entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if CD Light, LLC has been specifically advised of the possibility of such damages. In no event will CD Light, LLC's liability for any damages to Licensee or any third party ever exceed the original purchase price paid for the package or the license to use the software, regardless of the form of the claim.
TERMINATION
Licensee may terminate this Agreement at any time. CD Light, LLC will immediately terminate this Agreement and Licensee's right to use ZIPList5 Geocode without written notice upon Licensee's failure to comply with any provision of this Agreement. If this Agreement is terminated for any reason, Licensee will: (a) cease all use of ZIPList5 Geocode; and (b) delete ZIPList5 Geocode and all copies from all computers on which it is resident.
ENTIRE AGREEMENT
This Agreement represents the complete agreement between the parties relating to this license for ZIPList5 Geocode and supersedes all prior agreements, communications, proposals, and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication. This Agreement may only be modified by a license addendum which accompanies this license or by a written document signed by both parties.
GOVERNMENT RESTRICTED RIGHTS
ZIPList5 Geocode is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subpara-graph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758.
GENERAL
This Agreement is governed and interpreted in accordance with the laws of the State of Texas, USA, except for that body of law dealing with conflicts of law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
If Licensee has any questions concerning this Agreement, please send email to support@zipinfo.com or write to CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758, USA.
ZIPList5 Geocode End-User Workstation (Single-User) License Agreement
LICENSE AGREEMENT
Please read this License Agreement before using ZIPList5 Geocode. This is a contract with important legal consequences. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this Agreement by using or copying ZIPList5 Geocode. If you do not agree to the terms of this License Agreement, you are not permitted to use ZIPList5 Geocode, and you must immediately delete all downloaded files of ZIPList5 Geocode from your computer(s) and/or promptly return the ZIPList5 Geocode media to CD Light, LLC for a refund of the purchase price.
GRANT OF LICENSE
CD Light, LLC grants Licensee the following non-exclusive, world-wide rights with respect to ZIPList5 Geocode. Licensee may: (a) use ZIPList5 Geocode in accordance with the terms of this Agreement; (b) make one copy of ZIPList5 Geocode for backup or archival purposes; (c) install ZIPList5 Geocode at a single location on one computer or one single-user workstation. ZIPList5 Geocode may be installed on a network server, in whole or in part, or as part of a derivative work, provided it is in use at any one time by no more than the number of Workstation (Single-User) Licenses specified by the ZIPList5 Geocode invoice issued to Licensee by CD Light, LLC.
RESTRICTIONS
Licensee may NOT: (a) use or copy ZIPList5 Geocode except as provided in this Agreement; (b) transfer, rent, lease, lend, copy, modify, translate, sublicense, timeshare, or electronically transmit ZIPList5 Geocode or any derivatives thereof to any third party; (c) modify, adapt, or translate ZIPList5 Geocode in whole or in part, except as provided in this Agreement; or (d) incorporate ZIPList5 Geocode into another product for commercial or non-profit distribution.
DISTRIBUTION
Permission to distribute ZIPList5 Geocode, in whole or in part, or as part of a derivative work, outside of Licensee's immediate organization, is not granted by this Agreement, and is specifically prohibited.
DERIVATIVE WORKS
Permission to prepare derivative works, incorporating ZIPList5 Geocode in whole or in part, for use only within Licensee's organization, is granted to Licensee, provided that any such derivative work is in use at any one time by no more than the number of Workstation (Single-User) Licenses specified by the ZIPList5 Geocode invoice issued to Licensee by CD Light, LLC.
Such derivative works may not be distributed commercially or privately, or used outside of the Licensee's immediate organization. The Licensee may obtain the additional right to distribute derivative works incorporating ZIPList5 Geocode in whole or in part, but only by acquiring an additional ZIPList5 Geocode Duplication License Addendum and paying the appropriate royalty fee to CD Light, LLC.
TERM
The term of this Agreement shall be perpetual from the date of the invoice for ZIPList5 Geocode issued to Licensee by CD Light, LLC.
VERSION UPDATES
This Agreement entitles Licensee to use the one version ("Current Version") of ZIPList5 Geocode which is available from CD Light, LLC on the date of the invoice issued to Licensee by CD Light, LLC. However, if Licensee has paid for a quarterly subscription for ZIPList5 Geocode, Licensee is entitled to receive the Current Version, plus the next three (3) quarterly version updates of ZIPList5 Geocode. If Licensee has paid for a monthly subscription for ZIPList5 Geocode, Licensee is entitled to receive the Current Version, plus the next eleven (11) monthly version updates of ZIPList5 Geocode. All provisions of this Agreement apply to all versions of ZIPList5 Geocode delivered to Licensee by CD Light, LLC, and remain in effect after all version updates have been delivered to Licensee by CD Light, LLC.
OWNERSHIP & COPYRIGHT
Title, ownership rights and intellectual property rights in and to ZIPList5 Geocode and all copies thereof shall remain in CD Light, LLC and/or its licensors. ZIPList5 Geocode is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright notice from ZIPList5 Geocode; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of ZIPList5 Geocode.
ZIPList5 Geocode, in its various forms, is a compilation of information gathered by CD Light, LLC. ZIPList5 Geocode contains a large body of information that is public knowledge, but at the same time it represents a substantial creative compilation effort. Accordingly, it enjoys the same copyright protection as other reference works, such as dictionaries, that contain compilation effort.
LIMITED WARRANTY
For a period of thirty (30) days from the date of the ZIPList5 Geocode invoice issued to Licensee by CD Light, LLC, CD Light, LLC warrants that: (a) the media (if any) on which ZIPList5 Geocode is distributed will be free from defects in material and workmanship under normal use; and (b) the database conforms substantially to the accompanying Documentation. Specifically, CD Light, LLC makes no representation or warranty that ZIPList5 Geocode data, or the accompanying Documentation are "error-free", or meet Licensee's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition, or other term is limited to the physical media (if any) and documentation, and is limited to the 30-day duration of the limited warranty. If CD Light, LLC receives notification within the warranty period of defects in materials or workmanship, and determines that such notification is correct, CD Light, LLC will replace the defective media or documentation.
NO OTHER WARRANTIES
CD LIGHT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED. LIMITATION OF LIABILITY
The entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if CD Light, LLC has been specifically advised of the possibility of such damages. In no event will CD Light, LLC's liability for any damages to Licensee or any third party ever exceed the original purchase price paid for the package or the license to use the software, regardless of the form of the claim.
TERMINATION
Licensee may terminate this Agreement at any time. CD Light, LLC will immediately terminate this Agreement and Licensee's right to use ZIPList5 Geocode without written notice upon Licensee's failure to comply with any provision of this Agreement. If this Agreement is terminated for any reason, Licensee will: (a) cease all use of ZIPList5 Geocode; and (b) delete ZIPList5 Geocode and all copies from all computers on which it is resident.
ENTIRE AGREEMENT
This Agreement represents the complete agreement between the parties relating to this license for ZIPList5 Geocode and supersedes all prior agreements, communications, proposals, and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication. This Agreement may only be modified by a license addendum which accompanies this license or by a written document signed by both parties.
GOVERNMENT RESTRICTED RIGHTS
ZIPList5 Geocode is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subpara-graph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758.
GENERAL
This Agreement is governed and interpreted in accordance with the laws of the State of Texas, USA, except for that body of law dealing with conflicts of law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
If Licensee has any questions concerning this Agreement, please send email to support@zipinfo.com or write to CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758, USA.
This software is provided 'as-is', without any express or implied warranty. In
no event will the authors be held liable for any damages arising from the use of
this software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a product, an
acknowledgment (see the following) in the product documentation is required.
Portions Copyright (c) 2002-2007 Charlie Poole or Copyright (c) 2002-2004 James
W. Newkirk, Michael C. Two, Alexei A. Vorontsov or Copyright (c) 2000-2002
Philip A. Craig
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
This software is provided 'as-is', without any express or implied warranty. In no
event will the authors be held liable for any damages arising from the use of this
software.
Permission is granted to anyone to use this software for any purpose, including
commercial applications, and to alter it and redistribute it freely, subject to
the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that
you wrote the original software. If you use this software in a product, an
acknowledgment in the product documentation would be appreciated but is not
required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Zope Public License (ZPL) Version 1.0
-------------------------------------
Copyright (c) Digital Creations. All rights reserved.
This license has been certified as Open Source(tm).
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistributions in source code must retain the above copyright
notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions, and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. Digital Creations requests that attribution be given to Zope
in any manner possible. Zope includes a "Powered by Zope"
button that is installed by default. While it is not a license
violation to remove this button, it is requested that the
attribution remain. A significant investment has been put
into Zope, and this effort will continue if the Zope community
continues to grow. This is one way to assure that growth.
4. All advertising materials and documentation mentioning
features derived from or use of this software must display
the following acknowledgement:
"This product includes software developed by Digital Creations
for use in the Z Object Publishing Environment
(http://www.zope.org/)."
In the event that the product being advertised includes an
intact Zope distribution (with copyright and license included)
then this clause is waived.
5. Names associated with Zope or Digital Creations must not be used to
endorse or promote products derived from this software without
prior written permission from Digital Creations.
6. Modified redistributions of any form whatsoever must retain
the following acknowledgment:
"This product includes software developed by Digital Creations
for use in the Z Object Publishing Environment
(http://www.zope.org/)."
Intact (re-)distributions of any official Zope release do not
require an external acknowledgement.
7. Modifications are encouraged but must be packaged separately as
patches to official Zope releases. Distributions that do not
clearly separate the patches from the original work must be clearly
labeled as unofficial distributions. Modifications which do not
carry the name Zope may be packaged in any form, as long as they
conform to all of the clauses above.
Disclaimer
THIS SOFTWARE IS PROVIDED BY DIGITAL CREATIONS ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL DIGITAL CREATIONS OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
This software consists of contributions made by Digital Creations and
many individuals on behalf of Digital Creations. Specific
attributions are listed in the accompanying credits file.
Zope Public License (ZPL) Version 1.1
Copyright (c) Zope Corporation. All rights reserved.
This license has been certified as open source.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions in source code must retain the above copyright notice,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. All advertising materials and documentation mentioning features derived
from or use of this software must display the following acknowledgement:
"This product includes software developed by Zope Corporation for use in
the Z Object Publishing Environment (http://www.zope.com/)."
In the event that the product being advertised includes an intact Zope
distribution (with copyright and license included) then this clause is
waived.
4. Names associated with Zope or Zope Corporation must not be used to endorse
or promote products derived from this software without prior written
permission from Zope Corporation.
5. Modified redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by Zope Corporation for use in
the Z Object Publishing Environment (http://www.zope.com/)."
Intact (re-)distributions of any official Zope release do not require an
external acknowledgement.
6. Modifications are encouraged but must be packaged separately as patches to
official Zope releases. Distributions that do not clearly separate the
patches from the original work must be clearly labeled as unofficial
distributions. Modifications which do not carry the name Zope may be packaged
in any form, as long as they conform to all of the clauses above.
Disclaimer
THIS SOFTWARE IS PROVIDED BY ZOPE CORPORATION ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL ZOPE CORPORATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of contributions made by Zope Corporation and many
individuals on behalf of Zope Corporation. Specific attributions are listed in
the accompanying credits file.
This license has been certified as open source. It has also been designated as
GPL compatible by the Free Software Foundation (FSF).
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions in source code must retain the above copyright notice,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The name Zope Corporation (tm) must not be used to endorse or promote
products derived from this software without prior written permission from
Zope Corporation.
4. The right to distribute this software or to use it for any purpose does
not give you the right to use Servicemarks (sm) or Trademarks (tm) of Zope
Corporation. Use of them is covered in a separate agreement (see
http://www.zope.com/Marks).
5. If any files are modified, you must cause the modified files to carry
prominent notices stating that you changed the files and the date of any
change.
Disclaimer
THIS SOFTWARE IS PROVIDED BY ZOPE CORPORATION ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL ZOPE CORPORATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of contributions made by Zope Corporation and many
individuals on behalf of Zope Corporation. Specific attributions are listed in
the accompanying credits file.
This license has been certified as open source. It has also been designated as
GPL compatible by the Free Software Foundation (FSF).
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions in source code must retain the accompanying copyright
notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the accompanying copyright
notice, this list of conditions, and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. Names of the copyright holders must not be used to endorse or promote
products derived from this software without prior written permission from the
copyright holders.
4. The right to distribute this software or to use it for any purpose does
not give you the right to use Servicemarks (sm) or Trademarks (tm) of the
copyright holders. Use of them is covered by separate agreement with the
copyright holders.
5. If any files are modified, you must cause the modified files to carry
prominent notices stating that you changed the files and the date of any
change.
Disclaimer
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS ``AS IS'' AND ANY EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Additional terms under Section 7 of the GNU AGPL:
Zrythm and the Zrythm logo are trademarks of
Alexandros Theodotou and are governed by the Zrythm
Trademark Policy, found in the TRADEMARKS.md file.
You may distribute unaltered copies of Zrythm that
include the Zrythm trademarks without express
permission from Alexandros Theodotou. However,
if you make any changes to Zrythm, you may not
redistribute that product using any Zrythm trademark
without Alexandros Theodotou’s prior written consent.
For example, you may not distribute a modified form
of Zrythm and continue to call it Zrythm, or
include the Zrythm logo, unless explicitly allowed
by the Trademark Policy.
=============================
TRADEMARKS.md
=============================
Trademark Policy
================
# Applicable Trademarks
Zrythm and the Zrythm logo are registered
trademarks of Alexandros Theodotou in the United
Kingdom.
# Objective of this Policy
The objective of this trademark policy is:
- to clarify proper usage of Zrythm trademarks by
third parties
- to prevent misuse of Zrythm trademarks that can
confuse or mislead users with respect to Zrythm
Following are the guidelines for the proper use of
Zrythm trademarks by publishers and other third
parties. Any use of or reference to Zrythm trademarks
that is inconsistent with these guidelines, or other
unauthorized use of or reference to Zrythm
trademarks, or use of marks that are confusingly
similar to Zrythm trademarks, is prohibited and may
violate the trademark rights of Alexandros Theodotou.
Any use of Zrythm trademarks in a misleading and
false manner, such as untruthful advertising, is
always prohibited.
# Usage Guidelines
This Trademark Policy explicitly affirms your
nominative fair use rights under trademark law,
including to:
- Use the Zrythm wordmark in text to truthfully refer
to and/or link to unmodified programs, products,
services and technologies by Alexandros Theodotou.
- Use the Zrythm logo in visuals to truthfully refer
to and/or to link to the applicable unmodified
programs, products, services and technologies by
Alexandros Theodotou.
- Use Zrythm trademarks to make true factual
statements about Zrythm or communicate compatibility
with your product truthfully.
The following are explicitly forbidden:
- Use of the Zrythm wordmark as part of a company
name or logo, a product name or logo, or branding.
- Use of the Zrythm logo as part of a company logo or
organization logo or product logo or branding.
- Use of the Zrythm wordmark as part of an acronym.
- Use of Zrythm trademarks in any way that suggests
an affiliation with or endorsement by the Zrythm
project or community, if that is not the case.
All other uses of a Zrythm trademark require our
prior written permission. Contact
trademarks@zrythm.org for more information.
Alexandros Theodotou reserves the right to review
all use of the Zrythm trademarks and to object to
any use that appears outside of this
Trademark Policy.
# Software Distribution Policy
You may distribute unaltered copies of the Zrythm
digital audio workstation (DAW) and related software
(hereinafter collectively referred to as "the
software") published by Alexandros Theodotou that
include the Zrythm trademarks without express
permission from Alexandros Theodotou (provided that
the license of the software in question allows it).
You may further distribute altered copies of the
software that include the Zrythm trademarks,
provided that alterations solely serve the purposes
of:
- porting the software to a free system distribution
currently approved by the Free Software Foundation at
<https://www.gnu.org/distros/free-distros.html>, OR
- porting the software to the Debian operating
system, as published by the Debian project at
<https://debian.org/>, OR
- porting the software to the Fedora Workstation
operating system, as published by the Fedora Project
at <https://getfedora.org/>, OR
- porting the software to the FreeBSD operating
system, as published by the The FreeBSD Project at
<https://www.freebsd.org/>, OR
- porting the software to the Arch Linux operating
system, as published by Levente Polyak and others at
<https://archlinux.org/>, OR
- fixing a bug in the software that has already been
acknowledged by Alexandros Theodotou or CVE
(<https://cve.mitre.org/>)
You may further redistribute copies of the software
as published by the aforementioned software
distributors provided that no further modifications
are made.
In any case, you may not add or remove
functionalities and you must preserve all messages
presented to users in the user interface and the
command line, including but not limited to:
- URLs pointing to official Zrythm web pages
- informational messages (popups, console output,
etc.)
You must also provide a link to the original source
code as published by Alexandros Theodotou at
https://www.zrythm.org/.
# Requirement of Written Permission for Modified Versions Including Trademarks
If you make any changes to the software not
explicitly allowed above, you may not
redistribute that product using any Zrythm trademark
without Alexandros Theodotou’s prior written
consent. For example, you may not distribute a
modified form of the Zrythm DAW and continue to call
it Zrythm, or include the Zrythm logo. If you wish to
distribute modified versions of the software that
include the Zrythm trademarks please contact us with
your request at trademarks@zrythm.org.
# Newer Versions of this Policy
This policy may be revised from time to time. New
versions will be similar in spirit to the present
version, but may differ in detail to address new
problems or concerns. The file `TRADEMARKS.md` in
the source code releases will always contain the
current policy at the time of each release.
----
Copyright (C) 2020-2022 Alexandros Theodotou
Everyone is permitted to copy and distribute
verbatim copies of this document, but changing it is
not allowed.
Unless otherwise noted in the header of specific files, files in this
distribution have the licence shown below.
However, note that certain shell functions are licensed under versions
of the GNU General Public Licence. Anyone distributing the shell as a
binary including those files needs to take account of this. Search
shell functions for "Copyright" for specific copyright information.
None of the core functions are affected by this, so those files may
simply be omitted.
--
The Z Shell is copyright (c) 1992-2017 Paul Falstad, Richard Coleman,
Zoltán Hidvégi, Andrew Main, Peter Stephenson, Sven Wischnowsky, and
others. All rights reserved. Individual authors, whether or not
specifically named, retain copyright in all changes; in what follows, they
are referred to as `the Zsh Development Group'. This is for convenience
only and this body has no legal status. The Z shell is distributed under
the following licence; any provisions made in individual files take
precedence.
Permission is hereby granted, without written agreement and without
licence or royalty fees, to use, copy, modify, and distribute this
software and to distribute modified versions of this software for any
purpose, provided that the above copyright notice and the following
two paragraphs appear in all copies of this software.
In no event shall the Zsh Development Group be liable to any party for
direct, indirect, special, incidental, or consequential damages arising out
of the use of this software and its documentation, even if the Zsh
Development Group have been advised of the possibility of such damage.
The Zsh Development Group specifically disclaim any warranties, including,
but not limited to, the implied warranties of merchantability and fitness
for a particular purpose. The software provided hereunder is on an "as is"
basis, and the Zsh Development Group have no obligation to provide
maintenance, support, updates, enhancements, or modifications.
<?xml version='1.0' encoding='UTF-8' ?>
<!-- English disclaimer below.-->
<!--Nutzungsrechte
ZUGFeRD Datenformat Version 2.2.0, 14.02.2022
Beispiel Version 14.02.2022
Zweck des Forums elektronisch Rechnung Deutschland, welches am 31. März 2010 unter der Arbeitsgemeinschaft für
wirtschaftliche Verwaltung e. V. gegründet wurde, ist u. a. die Schaffung und Spezifizierung eines offenen Datenformats
für strukturierten elektronischen Datenaustausch auf der Grundlage offener und nicht diskriminierender, standardisierter
Technologien („ZUGFeRD Datenformat“).
Das ZUGFeRD Datenformat wird nach Maßgabe des FeRD sowohl Unternehmen als auch der öffentlichen Verwaltung
frei zugänglich gemacht. Hierfür bietet FeRD allen Unternehmen und Organisationen der öffentlichen Verwaltung eine
Lizenz für die Nutzung des urheberrechtlich geschützten ZUGFeRD-Datenformats zu fairen, sachgerechten und nicht
diskriminierenden Bedingungen an.
Die Spezifikation des FeRD zur Implementierung des ZUGFeRD Datenformats ist in ihrer jeweils geltenden Fassung
abrufbar unter www.ferd-net.de.
Im Einzelnen schließt die Nutzungsgewährung ein:
=====================================
FeRD räumt eine Lizenz für die Nutzung des urheberrechtlich geschützten ZUGFeRD Datenformats in der jeweils
geltenden und akzeptierten Fassung (www.ferd-net.de) ein.
Die Lizenz beinhaltet ein unwiderrufliches Nutzungsrecht einschließlich des Rechts der Weiterentwicklung,
Weiterbearbeitung und Verbindung mit anderen Produkten.
Die Lizenz gilt insbesondere für die Entwicklung, die Gestaltung, die Herstellung, den Verkauf, die Nutzung oder
anderweitige Verwendung des ZUGFeRD Datenformats für Hardware- und/oder Softwareprodukte sowie sonstige
Anwendungen und Dienste.
Diese Lizenz schließt nicht die wesentlichen Patente der Mitglieder von FeRD ein. Als wesentliche Patente sind Patente
und Patentanmeldungen weltweit zu verstehen, die einen oder mehrere Patentansprüche beinhalten, bei denen es sich um
notwendige Ansprüche handelt. Notwendige Ansprüche sind lediglich jene Ansprüche der Wesentlichen Patente, die durch
die Implementierung des ZUGFeRD Datenformats notwendigerweise verletzt würden.
Der Lizenznehmer ist berechtigt, seinen jeweiligen Konzerngesellschaften ein unbefristetes, weltweites, nicht übertragbares,
unwiderrufliches Nutzungsrecht einschließlich des Rechts der Weiterentwicklung, Weiterbearbeitung und Verbindung mit
anderen Produkten einzuräumen.
Die Lizenz wird kostenfrei zur Verfügung gestellt.
Außer im Falle vorsätzlichen Verschuldens oder grober Fahrlässigkeit haftet FeRD weder für Nutzungsausfall, entgangenen
Gewinn, Datenverlust, Kommunikationsverlust, Einnahmeausfall, Vertragseinbußen, Geschäftsausfall oder für Kosten,
Schäden, Verluste oder Haftpflichten im Zusammenhang mit einer Unterbrechung der Geschäftstätigkeit, noch für konkrete,
beiläufig entstandene, mittelbare Schäden, Straf- oder Folgeschäden und zwar auch dann nicht, wenn die Möglichkeit der
Kosten, Verluste bzw. Schäden hätte normalerweise vorhergesehen werden können.-->
<!--Right of use
ZUGFeRD Data format version 2.2.0, February 14th, 2022
The purpose of the Forum elektronische Rechnung Deutschland (FeRD), which was founded on March 31, 2010 under the
umbrella of Arbeitsgemeinschaft für wirtschaftliche Verwaltung e. V., is, among other things, to create and specify an
open data format for structured electronic data exchange on the basis of open and non discriminatory, standardised
technologies ("ZUGFeRD data format").
The ZUGFeRD data format is used by both companies and public administration according to the FeRD
made freely accessible. For this purpose FeRD offers all companies and organisations of the public administration a
License to use the copyrighted ZUGFeRD data format in a fair, appropriate and non
discriminatory conditions.
The specification of the FeRD for the implementation of the ZUGFeRD data format is, in its currently valid version
available at www.ferd-net.de.
In detail, the grant of use includes
=====================================
FeRD grants a license for the use of the copyrighted ZUGFeRD data format in the respective
valid and accepted version (www.ferd-net.de).
The license includes an irrevocable right of use including the right of further development,
Further processing and connection with other products.
The license applies in particular to the development, design, production, sale, use or
other use of the ZUGFeRD data format for hardware and/or software products and other
applications and services.
This license does not include the essential patents of the members of FeRD. The essential patents are patents
and patent applications worldwide which contain one or more claims that are
necessary claims. Necessary claims are only those claims of the essential patents which are
the implementation of the ZUGFeRD data format would necessarily be violated.
The Licensee is entitled to provide its respective group companies with an unlimited, worldwide, non-transferable,
irrevocable right of use including the right of further development, further processing and connection with
other products.
The license is provided free of charge.
Except in the case of intentional fault or gross negligence, FeRD is not liable for loss of use, loss of
Profit, loss of data, loss of communication, loss of revenue, loss of contracts, loss of business or for costs
damages, losses or liabilities in connection with an interruption of business, nor for concrete,
incidental, indirect, punitive or consequential damages, even if the possibility of
costs, losses or damages could normally have been foreseen.-->
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</ram:IssueDateTime>
<ram:IncludedNote>
<ram:Content>Rechnung gemäß Bestellung Nr. 2018-471331 vom 01.03.2018.</ram:Content>
</ram:IncludedNote>
<ram:IncludedNote>
<ram:Content>Es bestehen Rabatt- und Bonusvereinbarungen.</ram:Content>
<ram:SubjectCode>AAK</ram:SubjectCode>
</ram:IncludedNote>
<ram:IncludedNote>
<ram:Content>Lieferant GmbH
Lieferantenstraße 20
80333 München
Deutschland
Geschäftsführer: Hans Muster
Handelsregisternummer: H A 123
</ram:Content>
<ram:SubjectCode>REG</ram:SubjectCode>
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<ram:IncludedNote>
<ram:Content>Wir erlauben uns Ihnen folgende Positionen aus der Lieferung Nr. 2018-51112 in Rechnung zu stellen:</ram:Content>
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</ram:AssociatedDocumentLineDocument>
<ram:SpecifiedTradeProduct>
<ram:GlobalID schemeID="0160">4012345001235</ram:GlobalID>
<ram:SellerAssignedID>KR3M</ram:SellerAssignedID>
<ram:BuyerAssignedID/>
<ram:Name>Kunstrasen grün 3m breit</ram:Name>
<ram:Description>300cm x 100 cm</ram:Description>
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<ram:GrossPriceProductTradePrice>
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<ram:IncludedNote>
<ram:Content>Bestellt wurden 5 kg Schweinesteak. Mit dieser Rechnung werden nur die bereits gelieferten Steaks berechnet. Die noch offenen 4 kg Schweinesteak werden separat geliefert und berechnet.</ram:Content>
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<ram:Name>Mineralwasser Medium
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Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to use copy,
modify, merge, publish the Software and to distribute, and sublicense copies of
the Software, provided no fee is charged for the Software. In addition the
rights specified above are conditioned upon the following:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
Zuora, Inc. or any other trademarks of Zuora, Inc. may not be used to endorse
or promote products derived from this Software without specific prior written
permission from Zuora, Inc.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL
ZUORA, INC. BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN THE EVENT YOU ARE AN EXISTING ZUORA CUSTOMER, USE OF THIS SOFTWARE IS GOVERNED
BY THIS AGREEMENT AND NOT YOUR MASTER SUBSCRIPTION AGREEMENT WITH ZUORA
Zveno makes this software available free of charge for any purpose. This
software may be copied, and distributed, with or without modifications; but this
notice must be included on any copy.
The software was developed for research purposes only and Zveno does not warrant
that it is error free or fit for any purpose. Zveno disclaims any liability for
all claims, expenses, losses, damages and costs any user may incur as a result
of using, copying or modifying this software.